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2014-3869 Ordinance RELIGIOUS LAND USE - RLUIPA ORDINANCE NO. 2014-3869 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH CODE, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," AND ARTICLE IV, "SUPPLEMENTARY DISTRICT REGULATIONS," TO PROVIDE FOR THE EQUAL TREATMENT OF RELIGIOUS INSTITUTIONS IN MULTIFAMILY, COMMERCIAL AND INDUSTRIAL DISTRICTS, ALLOWING RELIGIOUS INSTITUTIONS AS A MATTER OF RIGHT UP TO 199 OCCUPANCY, AS EITHER MAIN PERMITTED OR ACCESSORY USES AS SET FORTH IN THE RESPECTIVE ZONING DISTRICTS, AND REQUIRING CONDITIONAL USE APPROVAL FOR SUCH USES WITH HIGHER OCCUPANCY, PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach has a robust religious community that contributes to the City's high quality of life; and WHEREAS, the City is fully supportive of and seeks to encourage religious freedom; and WHEREAS, the City seeks to strike a balance between the exercise of rights guaranteed by the United States and Florida constitutions, and the impact of such exercise on nearby uses; and WHEREAS, the federal Religious Land Use and Institutionalized Persons Act requires the equal treatment of assembly uses under the City's Land Development Regulations ("LDRs"); and WHEREAS, certain assembly uses up to certain occupancies in the LDRs are able to become established without the necessity of a public hearing, such as restaurants and entertainment establishments, up to 199 occupancy; and WHEREAS, such assembly uses over such occupancies require conditional use approval; and WHEREAS, it is necessary to amend the LDRs so that religious institutions receive the same treatment and can be established as a matter of right with occupancies up to 199, and over that require conditional use approval; and WHEREAS, these amendments are necessary for the public health, safety and welfare. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 142, "Zoning Districts And Regulations," Article II, "District Regulations," and Article IV, "Supplementary District Regulations," are hereby amended as follows: Sec. 142-152. Main permitted uses. The main permitted uses in the RM-1 residential multifamily, low density district are single-family detached dwelling; townhomes; apartments; hotels, for properties'fronting Harding Avenue or Collins Avenue, from the City Line on the north, to 73rd Street on the south; and bed and breakfast inn (pursuant to article V, division 7 of this chapter). Sec. 142-153. Conditional uses. The conditional uses in the RM-1 residential multifamily, low density district are adult congregate living facility; day care facility; nursing home; stand-alone religious institutions; private and public institutions; schools; and commercial or noncommercial parking lots and garages. Sec. 142-212. Main permitted uses. The main permitted uses in the RM-2 residential multifamily, medium intensity district are single-family detached dwellings; townhomes; apartments; apartment-hotels; and hotels. Sec. 142-213. Conditional uses. Conditional uses in the RM-2 residential multifamily, medium intensity district are adult congregate living facility; day care facility; nursing home; stand-alone religious institutions, private and public institutions, schools, commercial or noncommercial parking lots and garages; and accessory neighborhood impact establishment, as set forth in article V, division 6 of this chapter. Sec. 142-242. Main permitted uses. The main permitted uses in the RM-3 residential multifamily, high intensity district are single-family detached dwelling; townhomes; apartments; apartment-hotels; and hotels. Sec. 142-243. Conditional uses. The conditional uses in the RM-3 residential multifamily, high intensity district are adult congregate living facility; day care facility; nursing home; stand-alone religious institutions; private and public institutions; schools; commercial or noncommercial parking lots and garages; accessory outdoor entertainment establishment; accessory neighborhood impact establishment; and accessory open air entertainment establishment as set forth in article V, division 6 of this chapter. 2 Sec. 142-272. Main permitted uses. The main permitted uses in the CD-1 commercial, low intensity district are commercial uses; apartments; bed and breakfast inn (pursuant to section 142-1401); religious institutions with an occupancy of 199- persons or less, and uses that serve alcoholic beverages as listed in article V, division 4 of this chapter, pertaining to alcoholic beverages. Sec. 142-273. Conditional uses. The conditional uses in the CD-1 commercial, low intensity district are adult congregate living facilities; nursing homes; religious institutions with an occupancy greater than 199 persons; public and private institutions; schools; day care facility; pawnshops; video game arcades; warehouses; any use selling gasoline; new construction of structures 50,000 square feet and over (even when divided by a district boundary line), which review shall be the first step in the process before the review by any of the other land development boards; neighborhood impact establishment; and storage and/or parking of commercial vehicles on a site other than the site at which the associated commerce, trade or business is located. See section 142-1103. Sec. 142-302. Main permitted uses. The main permitted uses in the CD-2 commercial, medium intensity district are commercial uses; apartments; apartment/hotels; hotels; religious institutions with an occupancv of 199 persons or less and uses that serve alcoholic beverages as listed in article V, division 4 of this chapter (alcoholic beverages). Sec. 142-303. Conditional uses. The conditional uses in the CD-2 commercial, medium intensity district are adult congregate living facilities; funeral home; nursing homes; religious institutions with an occupancy greater than 199 persons; pawnshops; video game arcades; public and private institutions; schools; any use selling gasoline; new construction of structures 50,000 square feet and over (even when divided by a district boundary line), which review shall be the first step in the process before the review by any of the other land development boards; outdoor entertainment establishment; neighborhood impact establishment; open air entertainment establishment; and storage and/or parking of commercial vehicles on a site other than the site at which the associated commerce, trade or business is located. See section 142-1103. Sec. 142-332. Main permitted uses. The main permitted uses in the CD-3 commercial,' high intensity district are commercial uses; apartments; apartment/hotels; hotels, and religious institutions with an occupancy of 199 persons or less. Oceanfront properties in the architectural district shall not be permitted to have new retail and/or office areas totaling more than 250 square feet unless the building is rehabilitated according to the South Florida Building Code, the city property maintenance standards, and fire prevention and safety codes and if it is a historic structure the U.S. Secretary of the Interior Standards for Rehabilitation and 3 Guidelines for Rehabilitating Historic Structures. Offices are prohibited on the ground floor on that portion of Lincoln Road which is closed to traffic, unless the office area is located in a mezzanine, or at least 75 feet back from the storefront; also apartments, apartment/hotels and hotels located on that portion of Lincoln Road shall comply with section 142-335. Dance halls (as defined in section 114-1 of this Code) not also operating as restaurants with full kitchens and serving full meals and licensed as alcoholic beverage establishments are prohibited on properties having a lot line adjoining Lincoln Road, from the Atlantic Ocean to Biscayne Bay, unless the dance hall is located within a hotel with a minimum of 100 hotel units. Sec. 142-333. Conditional uses. The conditional uses in the CD-3 commercial, high intensity district are adult living congregate facilities; new construction of structures 50,000 square feet and over (even when divided by a district boundary line), which review shall be the first step in the process before the review by any of the other land development boards; outdoor entertainment establishment, neighborhood impact establishment, open air entertainment establishment, nursing homes; religious institutions with an occupancy greater than 199 persons; video game arcades; public and private institutions; schools and major cultural dormitory facilities as specified in section 142-1332; and storage and/or parking of commercial vehicles on a site other than the site at which the associated commerce, trade or business is located, except such storage and/or parking of commercial vehicles shall not be permitted on lots with frontage on Lincoln Road, Collins Avenue, 41st Street and 71st Street. See subsection 142-1103(c). When located on that portion of Lincoln Road that is closed to traffic, these uses shall comply with section 142-335. Sec. 142-482. Main permitted uses. The main permitted uses in the 1-1 urban light industrial district are those uses that are consistent with the district purpose including the following: (1) Assembly or packaging of goods including food and beverage products, small electronics, watches, jewelry, clocks, musical instruments, and products from previously prepared materials (cloth, leather, canvas, rubber, etc.); (2) Light manufacturing, including: ceramic products, glass products, hand tools, and electronic equipment; (3) Professional, business, research or administrative offices, either as a main permitted use or as part of a permitted industrial use; (4) Printing, engraving, lithographing, and publishing, (5) Wholesale businesses and sales, warehouses, mini and other storage buildings, and distribution facilities, except those storing or distributing flammable or explosive materials; (6) Automobile service stations, including car wash, auto repair, and towing services; (7) Machine shop, welding shop, furniture, cabinet and wood working shops, glass blowing shop; (8) . Plumbing, electrical, and other similar type shops, which may wholesale and store parts on site; (9) Tailoring services, including dry cleaning; 4 (10) Main use parking garages and parking lots; (11) Utilities; (12) Landscaping services, including nursery facilities; (13) Commercial uses that provide support services to the light industrial uses and to the adjacent RM-3 residents, including retail sales, photocopying, coffee shop, standard restaurant, video rental, bank; (14) Marine-related uses; (15) Religious institutions with an occupancy of 199 persons or less; and 45) L16LAny use similar and compatible to the uses described in this district and the district purpose as determined by the planning director. Sec. 142-483. Conditional uses. The conditional uses in the 1-1 urban light industrial district are any use that includes the retail sale of gasoline; new construction of structures, as defined in section 114-1, of 50,000 square feet and over, which review shall be the first step in the process before the review by any of the other land development boards; recycling receiving stations; outdoor entertainment establishment; neighborhood impact establishment; open air entertainment establishment; religious institutions with an occupancy greater than 199 persons. Sec. 142-541. Main permitted uses. The main permitted uses in the MXE mixed use entertainment district are apartments; apartment-hotels; hotels; commercial development as specified in section 142-546, and religious institutions with an occupancy of 199 persons or less. Sec. 142-542. Conditional uses. The conditional uses in the MXE mixed use entertainment district are major cultural dormitory, facilities as specified in section 142-1332; public and private cultural institutions open to the public; religious institutions with an occupancy greater than 199 persons banquet facilities; new construction of structures 50,000 square feet and over (even when divided by a district boundary line), which review shall be the first step in the process before the review by any of the other land development boards; outdoor entertainment establishment; neighborhood impact establishment; and open air entertainment establishment. For purposes of this section, banquet facilities shall be defined as an establishment that provides catering and entertainment to private parties on the premises and are not otherwise accessory to another main use. Sec. 142-572. Main permitted uses. The main permitted uses in the RO residential/office district are single-family dwelling; apartments; and offices. Sec. 142-573. Conditional uses. 5 Religious institutions with an occupancy of 199 persons or less uses in the RG rec idea +itwaligfffiiGe diiGi. Sec. 142-586. Main permitted uses. The main permitted uses in the RO-2 residential/office low intensity district are single- family dwellings; and offices, and religious institutions with an occupancy of 199 persons or less. Sec. 142-587. Conditional uses. Conditional uses in the RO-2 residential/office low intensity district are adult congregate living facility; day care facility; religious institutions with an occupancy greater than 199 persons; private and public institutions. Sec. 142-593. Main permitted uses. The main permitted uses in the RO-3 residential/office medium intensity district are single-family dwelling; apartments; and offices, and religious institutions with an occupancy of 199 persons or less. Sec. 142-594. Conditional uses. Conditional uses in the RO-3 residential/office medium intensity district are adult l congregate living facility; day care facility; nursing home; religious institutions with an occupancy greater than 199 persons; private and public institutions; schools. Sec. 142-693. Permitted uses. (a) The following uses are permitted in the performance standard districts: (table omitted). (b) For purposes of this section, a car wash, filling station and any use that sells gasoline, automobiles or automotive or related repair uses are considered as industrial uses and are not permitted in the redevelopment area. (c) For purposes of this section, pawnshops and dance halls and entertainment establishments are not permitted as a main permitted or accessory use south of Fifth Street; however, in the C-PS3 and C-PS4 districts dance halls and entertainment establishments shall be permitted as an accessory use within a hotel of 250 rooms or more with access to the dance hall or entertainment establishment only from the interior lobby and not from the street. (d) In the R-PS1, 2, 3 and 4 districts, the number of seats for accessory restaurants or bars that serve alcohol shall be limited to a maximum of 1.25 seats per hotel or apartment unit for the entire site. The patron occupant load, as determined by the planning director or designee, for all accessory restaurants and bars that serve alcohol on the entire site shall not exceed 1.5 persons per hotel and/or apartment unit. For a hotel or apartment property of 20 units or more, but less 6 than 32 units, the restaurant or bar may have a maximum of 40 seats in the aggregate on the site. The number of units shall be those that result after any renovation. (e) Commercial and noncommercial parking lots and garages shall be considered as a conditional use in the R-PS1, 2, 3 and 4 districts. (f) Video game arcades shall be considered as a conditional use in the C-PS1, C- PS2, C-PS3, and C-PS4 districts. (g) New construction of structures 50,000 square feet and over in the C-PS1, 2 3, and 4 districts (even when divided by a district boundary line) shall be considered as a conditional use, which review shall be the first step in the process before the review by any of the other land development boards. (h) Religious institutions in R-PS1-4 and C-PS1-4 districts shall be permitted as a matter of right up to 199 occupancy, and over that occupancy shall be a conditional use. Sec. 142-902. Permitted accessory uses. The following are permitted accessory uses: (1) a. Hotels not located in the RM-1 or RM-2 district are permitted to have any accessory use that is customarily associated with the operation of a hotel or apartment building. in h RM-2 district are permitted to have an accessory use that is b. Hotels located the p y ry customarily associated with the operation of a hotel or apartment building, except for dance halls, entertainment establishments, neighborhood impact establishments, outdoor entertainment establishments or open air entertainment establishments. i c. Where permitted, hotels located in the RM-1 district may have accessory uses based upon the below criteria: 1. A dining room operated solely for registered hotel visitors and their guests, located inside the building and not visible from the street, with no exterior signs, entrances or exits except as required by the South Florida Building Code. 2. Other accessory uses customarily associated with the operation of an apartment building, as referenced in subsection 142-902(2), for the use of registered hotel visitors and their guests only. d. Hotels located in the RM-1, 2 or 3 districts are permitted to have religious institutions as a matter of right up to 199 occupancy, and over that occupancy shall be a conditional use. (2) Apartment buildings may have accessory uses based upon the below criteria: 7 a. Mechanical support equipment and administrative offices and uses that maintain the operation of the building. b. Washers and dryers shall be located inside a structure or not visible from a right- of-way. c. A dining room which is operated solely for the residents in the building shall be located inside the building and shall not be visible from the street with no exterior signs, entrances or exits except for those required by the South Florida Building Code. However, a dining room shall not be allowed in the RM-1 district except for those dining rooms associated with adult congregate living facilities. d. Public telephones and vending machines shall only be permitted to be located inside buildings; however, one public telephone may also be permitted outside, as long as it is not located in a required front yard, required side yard facing a street, or on a facade facing a street; the exact location and manner of placement of all public telephones shall be subject to design review approval. One automatic teller machine shall be permitted on the exterior walls of buildings, when associated with an accessory commercial use allowed under subsection 142-902(2)e., except in historic districts. The exact location and manner of placement for automatic teller machines shall be subject to design review approval. e. Buildings in the RM-3 and R-PS4 districts may have commercial, office, eating or drinking uses with access to the street if they are either located in the ground floor space, subterranean level or in the highest floor of a building; however, office space, when located on the ground floor, shall be at least 50 feet from the front property line. f. Solarium, sauna, exercise studio, health club or massage service for use by residents or open to the public by an individual licensed by the state or other appropriate agencies. g. Any accessory commercial use as permitted herein shall be located on the lobby or first floor if there are no apartment units on such levels. This provision shall not apply to home based business offices as provided for in section 142-1411 h. Family day care centers as defined in subsection 142-905(b)(1). i. One property management office for the purpose of managing residential units within the building as well as residential units located in other buildings under common beneficial ownership, as long as the total number of units does not exceed a maximum of 100 units. j. Buildings in the RM-2 district in the area bounded by Indian Creek Drive, Collins Avenue, 41st Street and 44th Street that face the RM-3 district may have restaurant, coffee house, 'sundry shops, or food market uses located in ground floor space not to exceed 70% of the ground floor. These uses may have direct 8 access to the street. Dance halls, entertainment establishments, neighborhood impact establishments, outdoor entertainment establishments, or open air entertainment establishments are not permitted. Outdoor music (including background music) is prohibited. Any outdoor uses on Indian Creek Drive shall be limited to no later than 11:00 p.m. Parking requirements for accessory commercial uses in newly constructed buildings must be satisfied by providing the required parking spaces, and may not be satisfied by paying a fee in lieu of providing parking. There shall be no variances from these provisions. k. Apartment buildings located in the RM-1, 2 or 3 districts are permitted to have religious institutions as a matter of right up to 199 occupancy, and over that occupancy shall be a conditional use. (3) An apartment hotel located on an oceanfront or bayfront lot shall be permitted to have any accessory use that is commonly associated with a hotel if the use meets the below criteria and those listed in section 142-901 a. Seventy-five percent of the total units shall be hotel rooms or the building shall contain at least 100 hotel rooms. b. The registration desk shall be staffed 24 hours per day: c. Open key and mail compartments for the hotel units. d. Central telephone switchboard directly connected to the hotel units. e. The hotel units shall have independent electrical and water meters from the apartment units. f. The applicant shall provide the city with a listing of the hotel units prior to the issuance of an occupational license. (4) Office, retail and commercial uses shall be permitted to have the following accessory uses: a. Storage.of supplies or merchandise normally carried in stock in connection with a permitted use. b. Accessory off-street parking and loading spaces, subject to applicable district regulations. c. Public telephones'and vending machines shall only be permitted to be located inside buildings; however, one public telephone may also be permitted outside, as long as it is not located on a facade facing a street; the exact location and manner of placement shall be subject to design review approval. Service stations may also have public telephones outside, but no more than two and at a single location in full view of the station attendant; the exact location and manner of 9 placement shall be subject to design review approval. Automatic teller machines shall be permitted on the exterior walls of buildings. The exact location, number and manner of placement for automatic teller machines shall be subject to design review approval. I. Buildings with office, retail and commercial uses are permitted to contain religious institutions as a matter of right up to 199 occupancy, and over that occupancy shall be a conditional use. 5 Industrial accessory uses shall be limited to the following: ( ) rY 9 a. Storage of goods used in, or produced by, permitted industrial uses or related activities. b. Accessory off-street parking and loading spa ces. Sec. 142-902. Permitted accessory uses. The following are permitted accessory uses: (1) a. Hotels not located in the RM-1 or RM-2 district are permitted to have any accessory use that is customarily associated with the operation of a hotel or apartment building. b. Hotels located in the RM-2 district are permitted to have any accessory use that is customarily associated with the operation of a hotel or apartment building, except for dance halls, entertainment establishments, neighborhood impact establishments, outdoor entertainment establishments or open air entertainment establishments. C. Where permitted, hotels located in the RM-1 district may have accessory uses based upon the below criteria: 1. A dining room operated solely for registered hotel visitors and their guests, located inside the building and not visible from the street, with no exterior signs, entrances or exits except as required by the South Florida Building Code. 2. Other accessory uses customarily associated with the operation of an apartment building, as referenced in subsection 142-902(2), for the use of registered hotel visitors and their guests only. (2) Apartment buildings may have accessory uses based upon the below criteria: a. Mechanical support equipment and administrative offices and uses that maintain the operation of the building. b. Washers and dryers shall be located inside a structure or not visible from a right-of-way. C. A dining room which is operated solely for the residents in the building shall be located inside the building and shall not be visible from the street with no exterior signs, entrances or exits except for those required by the South Florida Building Code. However, a dining room shall not be allowed in the RM-1 district except for those dining rooms associated with adult congregate living facilities. 10 d. Public telephones and vending machines shall only be permitted to be located inside buildings; however, one public telephone may also be permitted outside, as long as it is not located in a required front yard, required side yard facing a street, or on a facade facing a street; the exact location and manner of placement of all public telephones shall be subject to design review approval. One automatic teller machine shall be permitted on the exterior walls of buildings, when associated with an accessory commercial use allowed under subsection 142-902(2)e., except in historic districts. The exact location and manner of placement for automatic teller machines shall be subject to design review approval. e. Buildings in the RM-3 and R-PS4 districts may have commercial, office, eating or drinking uses with access to the street if they are either located in the ground floor space, subterranean level or in the highest floor of a building; however, office space, when located on the ground floor, shall be at least 50 feet from the front property line. f. Solarium, sauna, exercise studio, health club or massage service for use by residents or open to the public by an individual licensed by the state or other appropriate agencies. g. Any accessory commercial use as permitted herein shall be located on the lobby or first floor if there are no apartment units on such levels. This provision shall not apply to home based business offices as provided for in section 142-1411. h. Family day care centers as defined in subsection 142-905(b)(1). L One property management office for the purpose of managing residential units within the building as well as residential units located in other buildings under common beneficial ownership, as long as the total number of units does not exceed a maximum of 100 units. j. Buildings in the RM-2 district in the area bounded by Indian Creek Drive, Collins Avenue, 41st Street and 44th Street that face the RM-3 district may have restaurant, coffee house, sundry shops, or food market uses located in ground floor space not to exceed 70% of the ground floor. These uses may have direct access to the street. Dance halls, entertainment establishments, neighborhood impact establishments, outdoor entertainment establishments, or open air.. entertainment establishments are not pe rmi tte d. Outdoo r m us i c (including background music) is prohibited. Any outdoor uses on Indian Creek Drive shall be limited to no later than 11:00 p.m. Parking requirements for accessory commercial uses in newly constructed buildings must be satisfied by providing the required parking spaces, and may not be satisfied by paying a fee in lieu of providing parking. There shall be no variances from these provisions. (3) An apartment hotel located on an oceanfront or bayfront lot shall be permitted to have any accessory use that is commonly associated with a hotel if the use meets the below criteria and those listed in section 142-901. a. Seventy-five percent of the total units shall be hotel rooms or the building shall contain at least 100 hotel rooms. b. The registration desk shall be staffed 24 hours per day. C. Open key and mail compartments for the hotel units. 11 d. Central telephone switchboard directly connected to the hotel units. e. The hotel units shall have independent electrical and water meters from the apartment units. f. The applicant shall provide the city with a listing of the hotel units prior to the issuance of an occupational license. (4) Office, retail and commercial uses shall be permitted to have the following accessory uses: a. Storage of supplies or merchandise normally carried in stock in connection with a permitted use. b. Accessory off-street parking and loading spaces, subject to applicable district regulations. C. Public telephones and vending machines shall only be permitted to be located inside buildings; however, one public telephone may also be permitted outside, as long as it is not located on a facade facing a street; the exact location and manner of placement shall be subject to design review approval. Service stations may also have public telephones outside, but no more than two and at a single location in full view of the station attendant; the exact location and manner of placement shall be subject to design review approval. Automatic teller machines shall be permitted on the exterior walls of buildings. The exact location, number and manner of placement-for automatic teller machines shall be subject to design review approval. (5) Industrial accessory uses shall be limited to the following: a. Storage of goods used in, or produced by, permitted industrial uses or related activities. b. Accessory off-street parking and loading spaces. (Ord. No. 89-2665, § 6-21(B), eff. 10-1-89; Ord. No. 91-2767, eff. 11-2-91; Ord. No. 98- 3109, § 2(6-21 B.2.g.), 5-20-98; Ord. No. 2000-3239, § 1, 4-12-00; Ord. No. 2000-3246, § 1, 5-24-00; Ord. No. 2003-3431, § 1, 11-25-03; Ord. No. 2004-3434, § 1, 1-14-04) Editor's note: Ord. No. 2003-3434, § 1, adopted January 14, 2004, enacted provisions intended for use as subsection (2)i. Inasmuch as there are already provisions so designated, and at the discretion of editor, said provisions have been redesignated as subsection (2)j. Section 5. Repealer. All ordinances or parts of ordinances and all sections and parts of sections in conflict herewith be and the same are hereby repealed. Section 6. Codification. It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach as amended; that the sections of this ordinance may be renumbered or relettered to accomplish such intention, and that the word "ordinance" may be changed to "section" or other appropriate word. Section 7. Severability. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. 12 Section 8. Effective Date. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this day of 2014. ZOO �e B MAYOR ATTEST: INCORP 6ATED CITY CLERK APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION g1r� City A@torney Date First Reading: April 23, 2014 Second Reading: Ma 21, 014 Verified by: Thomas Mooney, AICP Planning Director Underscore denotes new language. StrikethFaugh denotes deleted language. TAAGENDA\2014\May\Re1igous Uses RLUIPA-ORD 2nd Read.docx 13 COMMISSION ITEM SUMMARY Condensed Title: Second Reading to consider an Ordinance Amendment for the equal treatment of religious uses as required by the Federal Religious Land Use and Institutionalized Persons Act(RLUIPA). Key Intended Outcome Supported: Maintain strong growth management policies. Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of businesses rate the effort put forth by the City to regulate development is"about the right amount." Item Summary/Recommendation: SECOND READING PUBLIC HEARING The proposed Ordinance would modify permitted and conditional uses in all zoning districts for the equal treatment of religious uses as required by the Federal Religious Land Use and Institutionalized Persons Act(RLUIPA). On April 23, 2014, the City Commission approved the Ordinance at First Reading and scheduled a Second Reading Public Hearing for May 21, 2014. The Administration recommends that the City Commission adopt the Ordinance. Advisory Board Recommendation: On November 19, 2013, the Planning Board transmitted the subject Ordinance to the City Commission with a favorable recommendation by a vote of 6-0. Financial Information: Source of Amount Account Funds: 1 2 3 OBPI Total Financial Impact Summary: In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long-term economic impact (at least 5 years) of this proposed legislative action, and determined that there will be no measurable impact on the City's budget. City Clerk's Office Legislative Tracking: Gary Held Sign-Offs: Department Director Assistant City Manager I City M eager 0 TAAGENDA\2014\May\Re1igous Uses RLUIPA-SUM 2nd Reading.doa MIAMIBEACH AGENDA AGENDA ITEM �^ � DATE 2 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members o the City mmission FROM: Jimmy L. Morales, City Manager DATE: May 21, 2014 SECOND READING PUBLIC HEARING SUBJECT: Religious Uses Ordinance amend ent for the equal treatment of religious uses as required by the Federal Religious Land Use and Institutionalized Persons Act(RLUIPA) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH CODE, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," AND ARTICLE IV, "SUPPLEMENTARY DISTRICT REGULATIONS," TO PROVIDE FOR THE EQUAL TREATMENT OF RELIGIOUS INSTITUTIONS IN MULTIFAMILY, COMMERCIAL AND INDUSTRIAL DISTRICTS, AS REQUIRED BY FEDERAL LAW, ALLOWING RELIGIOUS INSTITUTIONS AS A MATTER OF RIGHT UP TO 199 OCCUPANCY, AS EITHER MAIN PERMITTED OR ACCESSORY USES AS SET FORTH IN THE RESPECTIVE ZONING DISTRICTS, AND REQUIRING CONDITIONAL USE APPROVAL FOR SUCH USES WITH HIGHER OCCUPANCY, PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt the Ordinance. BACKGROUND On February 6, 2013, at the request of the City Manager and City Attorney, the Mayor and City Commission approved a referral to the Land Use and Development Committee (LUDC) for a discussion regarding an amendment to the Land Development Regulations to regulate religious institutions in multi-family residential, commercial and industrial districts in the same manner as other assembly uses with similar occupancy. On July 22, 2013, the LUDC referred to the Planning Board an ordinance to regulate religious institutions like similar assembly uses, where permitted in multifamily, commercial and industrial zoning districts, without a public hearing. ANALYSIS Presently, religious institutions, where permitted, are only allowed as a conditional use, if approved after a public hearing. The amendment would regulate religious institutions like similar assembly uses, where permitted in multifamily, commercial and industrial Commission Memorandum Religious Uses(RLU/PA) May 21, 2014 Page 2 of 3 zoning districts, without a public hearing. Such equal treatment is required by federal law. The federal Religious Land Use and Institutionalized Persons Act (RLUIPA), among other things, requires the equal treatment of religious uses with other similar uses. Specifically, section 42 USC 2000 (b)(1), the Equal Terms provision states: "No government shall impose or implement a land use regulation in a manner that treats a religious assembly or institution on less than equal terms with a nonreligious assembly or institution." A review of the City Code reveals that while entertainment uses of 200 or more occupancy require conditional use approval, such uses below that occupancy do not. Section 142-1361 defines a Neighborhood Impact Establishment as: "An alcoholic beverage establishment or restaurant, which is also operating as an entertainment establishment or dance hall (as defined in section 114-1), with an occupant content of 200 or more persons as determined by the chief fire marshal." That section also defines "Entertainment" as "any live show or live performance or music amplified or nonamplified. Exceptions: Indoor movie theater; big screen television and/or background music, amplified or nonamplified, played at a volume that does not interfere with normal conversation." Further, the Code permits certain assembly uses as accessory uses in multifamily zoning districts, such as dining rooms limited to the residents of a building. The Code should be amended to provide equal treatment for such accessory uses as well. It is reasonable to interpret RLUIPA to require the Code to treat religious institutions equally with these entertainment uses. The amendment would allow religious institutions up to 199 person occupancy to be permitted as of right in zoning districts that also allow other assembly uses such as restaurants and entertainment establishments up to that occupancy that are also permitted as of right. PLANNING BOARD REVIEW The Planning Board reviewed the proposed Ordinance on November 19, 2013, and recommended approval by a vote of 6 to 0. NOTICE AND HEARING REQUIREMENTS In accordance with Section 118-164(2) of the City Code, the City Commission shall hold two (2) advertised public hearings on the proposed ordinance. At least one hearing shall be held after 5:00 p.m. on a weekday, unless the Commission, by a majority plus one vote, elects to conduct that hearing at another time of day. The first public hearing shall be held at least seven days after the day that the first advertisement is published. The second public hearing shall be held at least ten days after the first hearing and shall be advertised at least five days prior to the public hearing. Additionally, the required advertisements shall be no less than two columns wide by ten inches long in a standard size or tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than 18 point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be placed in a newspaper of general paid circulation in the city and of general interest and readership in the city, not one of limited subject matter. Commission Memorandum Religious Uses(RLUIPA) May 21, 2014 Page 3 of 3 FISCAL IMPACT In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not expected to have any tangible fiscal impact. SUMMARY On April 23, 2014 the subject Ordinance was approved at First Reading. CONCLUSION The Administration recommends that the City Commission adopt the Ordinance. J4�WJRM TAAGENDA\2014\May\Re1igous Uses RLUIPA-MEM 2nd Read.docx MIAMI HERALD I MiamiHerajd.com ICE THURSDAY,MAY 8,2014 1 1INE MIAMIBEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of the City of Miami Beach,Florida,in the Commission Chambers,3rd floor,City Hall,1700 Convention Center Drive,Miami Beach,Florida, on Wednesday,May 21,2014,to consider the following: 10:45 a.m. Ordnance Amending Chapter 2 Of The Miami Beach City Code Entitled*Administration,"By Amending Article IV Entitled"Officers And Employees,"By Amending Section 2-191 Entitled'Enumeration Of Organizational Units;By Creating The Office Of Housing And Community Services And Transportation Department.Inquiries may be directed to the Human Resources Department 305-673-7524. 10:50 a.m. Ordinance Amending Ordinance No.789,The Classified Employees Salary Ordinance Of The City Of Miami Beach,Florida,As Follows:Providing For The Classifications In Group I,Represented By The American Federation Of Stale;County And Municipal Employees(AFSCME)Local 1554,In Accordance With The Negotiated 2013-2016 Collective Bargaining Agreement;Effective Upon Ratification Of The Collective Bargaining Agreement,The 2009 Condrey Classification And Compensation Study,Inclusive Of Subsequent Amendments,Will Be Implemented,Establishing The Minimum Salary For All Bargaining Unit Classifications In Accordance With"Scale C"Of The Study,And Establishing The Maximum Salary For All Bargaining Unit Classifications in Accordance With"Scale B"Of The Study;Effective April 1,2014,There Shall Be An Across The Board Cost-Of-Living Adjustment(COLA)Of Two Percent(2%),And The Minimum And Maximum Of Each Pay Range,Including The Pay Ranges In The 2009 Condrey Classifications And Compensation Study,As Amended,Will Also Be Increase By Two Percent(2%);Further,Effective April 1,2015,There Shall Be An Across The Board Cost-Ol-Living Adjustment(COLA)Of One Percent(1%),For Employees Whose Base Salary Does Not Exceed The Maximum Of Their Pay Ranges As Recommended By The 2009 Candrey Classification And Compensation Study"Pay Scale B,'Inclusive Of Subsequent Amendments,And The Minimum And Maximum Of Each Pay Range,Including The Pay Ranges In The 2009 Condrey Classification And Compensation Study,As Amended,Will Also Be Increased By One Percent(1%);Repealing All Ordinances In Conflict.inquiries may be directed to the Human Resources Department 305-673-7524. 10:55 am. Others Salary Ordinance An Ordinance Amending Ordnance No.789,The Classified Employees Salary Ordinance Of The City Of Miami Beach,Florida,As Follows:Providing For The Classifications In Group VI,Not Represented By A Collective Bargaining Unit And Commonly Referred To As"Others";Effective April 23,2014,Adopting The 2009 Condrey Classification And Compensation Study,Amended By Seven Percent(7%)In August 2013,By The Consultant,Establishing The Minimum Salary For All"Others"Salary Group Classifications in Accordance With"Scale C"Of The Study,And Establishing The Maximum Salary ForAll"Others"Salary Group Classifications In Accordance With"Scale B"Of The Study;Adopting The Classification Titles As Recommended Therein,Amending The Minimum And Maximum Of Each Range By Two Percent(2%)Effective April 23,2014 And One Percent(1%)Effective April 1,2015;Changing The Title Of The Human Resources Technicians 1,II And III To Human Resources Technician;Deleting The Following Obsolete Classifications:Administrative Aide II/Risk And Employee Benefits Specialist;And Establishing The Newly Created Classification Of Case Worker Assistant And Recreation Attendant;Repealing All Ordinances In Conflict.Inquiries may be directed to the Human Resources Department 305-673-7524. 11:00 a.m. Unclassified Salary Ordinance An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach,Florida,Amending Ordinance No.1605,The Unclassified Employees Salary Ordinance Of The City Of Miami Beach,Florida,As Follows:Providing ForThe Classifications In Group ViI,Comprised Of At-Will Employees Commonly Referred To As"Unclassified Employees",Effective April 23,2014;Adopting The 2009 Condrey Classification And Compensation Study,Amended By Seven Percent(7%)In August 2013,By The Consultant;Establishing the Minimum Salary For All Unclassified Salary Group Classifications,In Accordance With"Scale C"Of The Study,And Establishing The Maximum Salary For All Unclassified Salary Croup Classifications,In Accordance With "Scale B"Of The Study,Amending The Minimum And Maximum Of Each Range By Two Percent(2%),Effective Ap6123,2014,And One Percent(1%),Effective April 1,2015;Adopting The Following Classification Titles:From Chief Structural Plans Examiner To Chief Structural Engineer;From Expenditure/Treasury Manager To Treasury Manager;From Executive Assistant To The City Manager To Assistant To The City Manager,From Utility Superintendent To Water And Sewer Superintendent; From Property Management Contracts Coordinator To Maintenance Management Coordinator,From Tourism And Convention Director To Marketing And Tourism Manager;From Labor Relations Division Director To Labor Relations Manager;From Chief Engineering Inspector To Governmental Compliance Coordinator.From Field Supervisor To Feld inspections Supervisor-CiP/Planning And Zoning Inspector,From Police Financial Assistant To Business Manager;From Community Development Specialist To Housing And Community Development Specialist;From Field Agent To Tax Auditor:From Constituent/Commission Aide To Commission Aide;From Call CenteriCustomer Service ManagerTo Community Outreach Manager;From Truancy Prevention Program Coordinator To Truancy Coordinator,From Assistant Director Parks/Assistant Director Recreation To Assistant Director Parks And Recreation;From Departmental ADA Coordinator To ADA Coordinator,From Urban Forrester To Parks Superintendent-Urban Forrester,Creating The Following New Classification Titles:Asset Specialist;Assistant City Attorney k Educational Aide;Parks And Recreation Administrative Specialist;Planner I And Planner II;Development And MBTV Director;Public Arts Coordinator;Program Coordinator(Youth Empowerment Network);Project Manager;Senior Legal Secretary;Tutoring Supervisor;Incorporating The Following Additional Classification Changes:From Assistant Director-Code Compliance To Code Compliance Assistant Director;From Housing And Community Development Division Director To Housing And Community Services Director,Deleting The Following Obsolete Classifications:Account Manager-Finance;Assistant For Labor Relations;Office Of Child Development Director,Real Estate Housing And Community Development Director;Labor Relations Director,Housing,Community And Economic Development Division Director;Office Of Community Services Division Director,Public Safety Special Projects Coordinator;Registrar;And Establishing The Following Newly Created Classifications Since The 2009 Condrey Study:Building Official;Recreation Supervisor II;Code Compliance Director,Senior Code Compliance Administrator;Senior Media Specialist;Senior Business Manager,Capital Improvement Projects Division Director;Chief Learning And Development Officer;Emergency Management Specialist;Intern;Housing And Community Services Department Director,Management And Budget Analyst 1;Mayor And Commission Branding Manager;Mayor And Commission Office Manager;Planning Department Deputy Director;Public Safely Communications Unit Director,Secretary;Senior Human Resources Specialist;Transportation Analyst;Transportation Operations Supervisor,Transportation Director,Permitting The Recognition Of Those Unclassifed Employees Over The Maximum Of Their Respective Salary Ranges,By Allowing For A One-Time,Non-Recurring,Non-Pensionable Adjustment Of Up To Two Percent(2%)Of Their Salaries(Based On Whether They Met,Exceed Or Significantly Exceed Performance Expectations,As Reflected By The Ratings On Their individual Performance Evaluations);Repeating All Ordinances In Conflict Therewith;Providing For Severability,An Effective Date,And Codification.inquiries may be duetted to the Human Resources Department 305-673.7524. X11:15 a.m. Religious Uses Ordinance-Religious Land Use And Institutionalized Persons Act(RLUIPA) An Ordinance Amending The City Of Miami Beach Code,By Amending Chapter 142,"Zoning Districts And Regulations,'Article 11,"District Regulations;And Article N,"Supplementary District Regulations,"To Provide For The Equal Treatment Of Religious Institution In Multifamily,Commercial And industrial Districts,As Required By Federal Law,Allowing Religious Institutions As A Matter Of Right Up To 199 Occupancy,As Either Main Permitted Or Accessary Uses As Set Forth In The Respective Zoning Districts;And Requiring Conditional Use Approval For Such Uses With Higher Occupancy.Inquiries may be directed to the Planning Department 305-673-7550. 1125 a.m. Single Family Parking Space Removal An Ordinance Amending The City Code,By Amending Chapter 106,'Traffic And Vehicles;Article 11,"Metered Parking,'Division 1,"Generally,"Section 106-55,"Parking Rates,Fees And Penalties,"To Modify On-Street Parking Space Removal Requirements For Single Family Uses.Inquiries maybe directed to the Planning Departmen1305-673-7550. 11:35 a.m. Repeat Of An Ordinance Amending The Code Of The City Of Miami Beach,Florida,By Chapter 142,"Zoning Districts And Regulations,"Article ti,"District Regulations,"Division 5,CD-2"Commercial,Medium intensity District,"By Removing `Self-Storage Warehouses"As A Conditional Use In This Zoning District;Providing For Repealer,Severability,Codification And An Effective Date. 5:05 pm. Alton Road Historic District Buffer Overlay.An Ordinance Amending The Cade Of The City Of Miami Beach,Florida,By Amending Chapter 142,'Zoning Districts And Regulations,"Article 111,"Overlay Districts,"Creating Division 9"Alton Road- Historic District Buffer Overlay,"By Including Section 142-863"Location And Purpose,'And Section 142-864"Development Regulations,'Including Among Other Provisions Regulations On Maximum Floor Area Ratio;Maximum Building Height; Minimum Setbacks;Building Separation;Demolition Or Additions To Contributing Buildings In An Historic District;And Land Use Regulations For Location Of Retail Uses,Restaurants,Bars,Entertainment Establishments,Alcoholic Beverage Establishments And Similar Uses;Requiring Conditional Use Approval Of Such Uses In Excess Of 10,000 Sq.FL;And Prohibiting Alcoholic Beverage And Entertainment Establishments In Open Areas With Exceptions As Prescribed In The Ordinance; Providing For Codification;Repealer,Severability;And An Effective Date.Inquiries may be directed to the Planning Department at 305-673-7550. NOTE.,See also advertisement p 886,for additional public hearings occurring on May 21,2014. Dr.Stanley Sutnick Citizen's Forum-The times for the Dr.Stanley Sutnick Citizen's Forum are 8:30 am.and 1:00 p.m.,or as soon as possible thereafter.Approximately thirty minutes will be allocated to each session,with individuals being limited to no more than three minutes or for a period established by the Mayor.No appointment or advance notification is needed in order to speak to the Commission during this Forum. INTERESTED PARTIES are invited to appear at this meeting,or be represented by an agent,or to express their views in writing addressed to the City Commission,c/o the City Clerk,1700 Convention Center Drive,1'Floor,City Hall,Miami Beach, Florida 33139.Copies of these items are available for public inspection during normal business hours in the City Clerk's Office,1700 Convention Center Drive,l°Floor,City Hall,Miami Beach,Florida 33139.This meeting,or any item herein,may be continued,and under such circumstances,additional legal notice need not be provided. Pursuant to Section 286.0105;Fla.Stat.,the City hereby advises the public that:if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing,such person must ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based.This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence,nor does it authorize challenges or appeals not otherwise allowed by law. To request this material in accessible format,sign language interpreters,information on access for persons with disabilities and/or any accommodation to review any document or participate in any City-sponsored proceeding,please contact us five days in advance at 305-673-7411(voice)or TTY users may also call the Florida Relay Service at 711. Rafael E Granada,City Clerk City of Miami Beach 20HE I THURSDAY.MAY 8,2014 NE MiamiHerald.com I MIAMI HERALD MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF MIAMI BEACH CODE OF ORDINANCES NOTICE TO THE PUBLIC NOTICE IS HEREBY GIVEN that the City of Miami Beach Commission proposes to adopt the following ordinance;a second reading/public hearing will be held by the Mayor and City Commissioners of the City of Miami Beach,Florida,in the Commission Chambers,3r1 Floor,City Hall,1700 Convention Center Drive,Miami Beach,Florida 33139,on Wednesday,May 21,2014 at 11,15 a.m.to consider: Religious Uses Ordinance Amendment For The Equal Treatment Of Religious Uses As Required By The Federal Religious Land Use And Institutionalized Persons Act (RLUIPA).AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS,"ARTICLE 11,"DISTRICT REGULATIONS,"AND ARTICLE IV, "SUPPLEMENTARY DISTRICT REGULATIONS," TO PROVIDE FOR THE EQUAL TREATMENT OF RELIGIOUS INSTITUTIONS IN MULTIFAMILY,COMMERCIALAND INDUSTRIAL DISTRICTS, AS REQUIRED BY FEDERAL LAW, ALLOWING RELIGIOUS INSTITUTIONS AS A MATTER OF RIGHT UP TO 199 OCCUPANCY,AS EITHER MAIN PERMITTED OR ACCESSORY USES AS SET FORTH IN THE RESPECTIVE ZONING DISTRICTS, AND REQUIRING CONDITIONAL USE APPROVAL FOR SUCH USES WITH HIGHER OCCUPANCY,PROVIDING FOR REPEALER; SEVERABILITY;CODIFICATION;AND AN EFFECTIVE DATE. Inquiries may be directed to the Planning Department at 305-673-7550. INTERESTED PARTIES are invited to appear at this meeting,or be represented byan agent,ortoexpress theirviews in writing addressed to the City Commission,c/o the City Clerk,1700 Convention Center Drive,1 m Floor,City Hall,Miami Beach,Florida 33139.A copy of this item is available for public Inspection during normal business hours in the City Clerk's Office,1700 Convention Center Drive,111 Floor, City Hall,Miami Beach,Florida 33139.This meeting or this Rem may be continued,and under such circumstances,additional legal notice need not be provided. Pursuant to Section 286.0105,Fla.Stat.,the City hereby advises the public that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing,such person must ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal Is to be based.This notice does not constitute consent by the City for the Introduction or admission of otherwise Inadmissible or irrelevant evidence,nor does It authorize challenges or appeals not otherwise allowed by law. To request this material in accessible format, sign language interpreters, information on access for persons with disabilities and/or any accommodation to review any document or participate in any City-sponsored proceeding,please contact us five days in advance at(305)673-7411(voice)or TTY users may also call the Florida Relay Service at 711. Rafael E.Granado,City Clerk AD d 887 City of Miami Beach