2017-4096 OrdinanceLincoln Road -Interior and Exterior Speaker Locations
ORDINANCE NO. 2017-4096
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER
------142-,--'-'-ZGNING DIS'FRIG-l"S-AND REGUL;;-AT10NS,"-AR'TIClE-II,------
"DISTRICT REGULATIONS," DIVISION 6, "CD-3
COMMERCIAL, HIGH INTENSITY DISTRICT," BY AMENDING
SECTION 142-336 THEREOF, ENTITLED "LINCOLN ROAD
REQUIREMENTS," TO CREATE REGULATIONS PERTAINING
TO INTERIOR AND EXTERIOR SPEAKERS ON LOTS
FRONTING LINCOLN ROAD; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, Lincoln Road is a premier street in Miami Beach providing residents and
visitors with a unique cultural, retail, and dining experience which are vital to Miami Beach's
economy, especially the tourism industry; and
WHEREAS, the City recently adopted the new Lincoln Road Master Plan, and in
order to ensure compliance with the Master Plan and ensure the integrity of Lincoln Road
the City Commission recommends the regulation of noise generated from indoor and
outdoor speakers ; and
WHEREAS, the amendments set forth below are necessary to accomplish the
objectives identified herein; and
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter 142, "Zoning Districts and Regulations," Article II, "District Regulations,"
Division 6, "CD-3 Commercial, High Intensity District," Is amended as follows:
Sec. 142-336.-Lincoln Road requirements.
The following additional regulations shall apply to the portion of Lincoln Road that is closed to
vehicular traffic:
ill Apartments, apartment/hotels, hotels and the conditional uses, as described in this
division, which are located on that portion of Lincoln Road that is closed to traffic, may
have first floor entrances and lobbies occupying up to 20 percent of their total street
frontage(s). The remainder of their first floor frontage shall consist solely of commercial
uses, extending back at least 75 feet from the street frontage(s).
b) The following requirements shall apply for speakers:
1) All exterior speakers, and interior speakers within 20 feet of the property
boundary facing Lincoln Road or a side street shall be prohibited.
2) Notwithstanding the above, interior speakers may be permitted within the first
20 feet of the boundary facing Lincoln Road or within the first 20 feet of the
boundary of a side street, provided any music being played does not exceed
ambient levels. Additionally, music played indoors above ambient levels must be
inaudible from the exterior of the premises at all times.
3) In the event that the doors of an establishment aFe remain open to the sidewalk,
only ambient music shall be permitted within the premises.
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4) No variances shall be granted from the requirements of this section 142-336(b).
5) All exterior use of speakers, whether or not the speakers are affixed to a property
or structure, is prohibited.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
SECTION 3. 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 re-numbered or re-lettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this_!]__ day of_M_4~V __ , 2017.
I
RafaEf'E~o' 1
City Clerk
First Reading: April 26, 2017
Second Reading:
Verified By: _ ___,u: __ ----~-,,___ __ u----
Thomas R. coney, A CP
Planning Director
T:\AGENDA\2017\5-May\Pianning\Lincoln Road Exterior Speaker Regulations-SECOND Reading ORD.docx
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Ordinances -R5 H
MIAMI BEACH
TO:
FROM:
DATE:
COMMISSION MEMORANDUM
Honorable Mayor and Members of the City Commission
Jimmy L. Morales, City Manager
May 17,2017
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10:35 a.m. Second Reading Public Hearing
SUBJECT: LINCOLN ROAD -INTERIOR AND EXTERIOR SPEAKER LOCATIONS:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT
REGULATIONS," DIVISION 6, "CD-3 COMMERCIAL, HIGH INTENSITY
DISTRICT," BY AMENDING SECTION 142-336 THEREOF, ENTITLED
"LINCOLN ROAD REQUIREMENTS," TO CREATE REGULATIONS
PERTAINING TO INTERIOR AND EXTERIOR SPEAKERS ON LOTS
FRONTING LINCOLN ROAD; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
ANALYSIS
BACKGROUND
On January 18, 2017, at the request of Commissioner Joy Malakoff, the Land Use and
Development Committee (LUDC) recommended that the City Commission formally refer an
ordinance specific to indoor and outdoor speakers on Lincoln Road to the LUDC. On February
8, 2017, at the request of Commissioner Malakoff, the Mayor and City Commission referred the
subject ordinance to the L UDC for discussion and recommendation (item C41 ).
On February 15, 2017, the LUDC discussed the ordinance and recommended that the City
Commission refer the item to the Planning Board for consideration. On March 1, 2017, the City
Commission referred the proposed ordinance to the Planning Board (Item C4E).
PLANNING ANALYSIS
The attached draft ordinance would prohibit interior and exterior speakers within 20 feet of a
properVs boundary on Lincoln Road, unless music Is played at ambient levels. Specifically, the
following is proposed:
• All exterior speakers, as well as interior speakers within 20 feet of a property boundary facing
Lincoln Road or a side street shall be prohibited.
Page 494 of 878
• Interior speakers may only be permitted within the first 20 feet of the boundary facing Lincoln
Road or within the first 20 feet of the boundary of a side street, if music being played does not
exceed ambient levels.
• Music played indoors must be inaudible from the exterior of the premises at all times.
• In the event that the doors of an establishment are open to the sidewalk, only ambient music
--shall-be-f:)ermitteEl-within-the-f:)remises;-----
A no variance provision has also been included in the attached draft of the ordinance.
A similar ordinance for Ocean Drive, which prohibits speakers within 20 feet of a property's
boundary facing a street, unless music is being played at ambient levels, is pending before the
City Commission.
PLANNING BOARD REVIEW
On March 28, 2017, the Planning Board transmitted the proposed Ordinance Amendment to
the City Commission, with a favorable recommendation.
UPDATE
The subject ordinance was approved at First Reading on April 26, 2017. The City Commission
requested 2 minor text changes regarding doors remaining open and the standards for music
played above ambient levels being audible from Lincoln Road. Both minor changes have been
incorporated into the revised Ordinance for Second Reading.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
Legislative Tracking
Planning
Sponsor
Commissioner Joy Malakoff
ATTACHMENTS:
Description
CJ Form Approved Ordinanc(:; ..
Page 495 of 878