2002-3346 ORD
ORDINANCE NO. 2002-3346
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF
MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 130, OFF-
STREET PARKING, ARTICLE II, DISTRICT REQUIREMENTS,
SECTION 130-36, TO TREAT OFF-SITE PARKING REQUIREMENTS
THE SAME FOR LOCAL HISTORIC DISTRICTS AS FOR THE
ARCHITECTURAL DISTRICT; PROVIDING FOR REPEALER;
CODIFICATION; SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the Land Development Regulations of the Code ofthe City of Miami
Beach, contain various provisions regulating the development and use of property within the
City; and
WHEREAS, the City Attorney's Office and the Administration have been monitoring
the efficiency and effectiveness of the Land Development Regulations in addressing the
development and use of property within the City; and
WHEREAS, the City Attorney's Office and the Administration recommend the
amendments provided below to improve the efficiency and effectiveness of the Land
Development Regulations in accomplishing the policies and goals as expressed in the
Comprehensive Plan, the Land Development Regulations, the orders of the various land
development review boards, and the impact ofthe regulations on the citizens and businesses
affected thereby.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 130, Off-Street Parking, Article II, District Requirements,
Section 130-36, of the Code of the City of Miami Beach, Florida is hereby amended as
follows:
Sec. 130-36. Off-site facilities.
(a) All parking spaces required in this article shall be located on the same lot with
the building or use served, or within a distance not to exceed 500 feet from such lot, or 1,200
feet (i) iflocated in the architectural district or a local historic district. or (ii) the parking lot
is operated on a valet basis as per section 130-35. The distance separation shall be measured
by following a straight line from the lot on which the main permitted use is located to the
lot where the parking lot or garage is located.
(b) Where the required parking spaces are not located on the same lot with the
building or use served and used as allowed in section 130-32, a unity of title or for
nonadjacent lots, either a unity of title or a restrictive covenant in lieu of unity oftitle for
parking unification shall be prepared for the purpose of insuring that the required parking
is provided. Such unity of title or restrictive covenant shall be executed by owners of the
properties concerned, approved as to form by the city attorney, recorded in the public records
of the county as a covenant running with the land and shall be filed with the application for
a building permit.
(c) Temporary parking lot facilities shall be pursuant to section 130-68.
(Ord. No. 89-2665, ~ 7-3, eff. 10-1-89; Ord. No. 98-3108, ~~ 5(0),6,1-21-98)
SECTION 2. 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 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 ofthe 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 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 foll wi
PASSED and ADOPTED this 30th day 0 J
ArrEST:
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CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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DATE
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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,Florlda, 01\ Wednesday,
January 30. 2002, at the times listed below, to consider the following:
at 10:30 a.m~ .
AN ORDINANCE RELATING TO SING"LE UTILITY BILLING ANO WASTE IMPACT
FEES; AMENDING SECTION 90-133.0F THE CITY CODE BY EXCLUDING FROM
THE DEFINITIONS OF 'COMMERCIAL BUSINESS ACCOUNT" AND 'COMMERCIAL
UNITS" MULTI FAMILY RESIDENTIAL BUILDINGS FRONTING ON A PRIVATE"
STREET AND WHOSE WASTE REMOVAL SERVICES ARE PROVIDED BY PRIVATE
COi'lTRACT; PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF MIAMI
~. BEACH, FLORIDA; REPEALER; SEVERABILITY; AND AN EFFECTII/E DATE.
at 10:40'a.m.: .
ANOROINANCE 'AMENDING CHAPTER 6 OF THE MIAMI BEACH . CITY CODE
ENTITLED "ALCOHOLIC BEVERAGES", BY AMENDING SECTION 6-40 THEREOF
" Ei'lTITLED 'TOTAL NUDITY AND SEXUAL CONDUCT PROHIBlTED",BY ADDING
SUBSECTION (C) TO PROVIDE THAT ALCOHOLIC BEVERAGE ESTABLISHMENTS
I'ERMITTING TOTAL NUDITY, WHICH ARE IN OPERATION ON OCTOBER 1, 2001
UNDER A CURRENT ADULT ENTERTAINMENT OCCUPATIONAL LICENSE, WHICH
OBTAINS /'N ALCOHOLIC BEVERAGE LICENSE FOR ITS BUSINESS NO LATER THAN
APRIL 1, 2002, SHALL BE EXEMPT FROM THE PROVISIONS PROHIBITING lOTAL
NUDITY AT ALCOHOLIC BEVERAGE ESTABLISHMENTS UNDER SECTION 6-40;
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND EFFECTNE DATE.:
. 11:01 Un.: ...
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE
CODE OF THE CITY OF MIAMI. BEACH, FLORIDA, BY AMENDING CHAPTER 130,
OFF-STREET PARKING, ARTICLE II, DISTRICT REQUIREMENTS, 'SECTION 130-36,
, TO TREAT OFF-SITE PARKING REQUIREMENTS THE SAME FOR LOCAL HISTORIC
DISTAICTS AS FOR THE ARCHITECTURAL. DISTRICT; PROVIDING FOR REPEALER;
CODIFICATION; SEVERABIUTY; AND AN EFFECTIVE DATE. .
8t11:02a.m.: ~. . . .
AN ORDINANCE OF THE MAYOR AND CITY COMMISSiON OF THE CITY OF MIAMI
BEACH, FLORIDA. AMENDING THE lAND DEVELOPMENT REGULATIONS OF THE CODE
OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 142, 'ZONING
DISTRICTS AND REGULATIONS,' ARTICLE.II, 'DISTRICT REGULATIONS,' DIVISION 12,
'MR MARINE RECREATION DISTRICT,' SECTION 142-513, "CONDITJONAL USES,' TO
ALLOW FOR CONDITIONAL USES IN THE MR DISTRICT THAT MAY BE PROVIDED BY
OTHER PROVISIONS OF THE LAND DEVELOPMENT REGULATIONS: PROVIDING FOR
REPEALER.; CODIFICATION; SEVERABIUTY; AND AN EFFECTIVE DATE.
8t11:03L1n~ .. . '. .. . .... " ... .'. ,".' ,.';. < ,.'
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF'M1AM1
BEACH,.'FLORIDA, AMENDING THE LAND DEVELOPMENT,REGULATIONS OF THE
CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 138,
"SIGNS," ARTICLE IV, 'TEMPORARY.SlGNS: SECTION 138-132. 'BUSINESS SIGNS:
SUBSECTION (0), TO ALLOW TEMPORARY BUSINESS SIGNS TO BE ERECTED AND
MAINTAINED BEYOND THE PERMITTED 30 DAYS WHEN THE CITY MANAGER FINDS
THAT SUCH SIGNAGE IS NECESSARY TO MITIGATE THE IMPACTS OF PUBLIC
CONSTRUCTION ON VISIBILITY OF OR ACCESS TO THE BUSINESS; PROVIDING FOR
REPEALER; CODIFICATION; SEVEr;'ABILlT'I\ AND AN EFFECTIVE DATE.
l"9uiriee may be dlrec;ted to the Legal be~ at (305) 673-7170. . .,'
ALL. INTERESTED PARTIES ~....Inv~ed to BppeBr at. this lneettng, or be reP~
by an _nt, or.to express their views In WritIng addnlS88d to tile City Commission,
elo the City Clerk, 1700 Convention Center Drlve,Tst Floor, City Hall, Miami Beach,..
Florida 33139. Copies of these ordinances are 'aVailable for public Inspectiof1 during
normaJ business hours In the City Clerk's Office, 1700 Convention Center D~
Floor, City Hall, Miami Beach. F.forlda33139, this meeting may be continued and
under such cin:umstancas sdd~lonallegal/lOtlce WOuld not be provided. .
:, . ' 'Robert E. Parcher. City Clerk
.. ... .. ,CltyofMlarnl~h" .'
PUrsuant... .. to SeCtion 2. 86..ot05, Fie. ~tat....;th.; CltYh8reby ioMseo'.the pubI. ie that;. . Ie persOn
decides to apgeal any. declslon.made.by.the. o-Clty C<?'n. miS8lon wlth.rospect to any ~er.
consldenld at lts meeting 01' lis =.llUCh penon,must ensure thsta.verbstlm recon:l of
the proceodIngs is ...-, which iiicludes the testimony and ovidence upon which the
appeal is- to be based. this notice does not constltute Qonsent by the City for the
introduction or admission of othelWlse InadmiS$ible or Irrele.vant evidence, nor. does-It
~. .,cI1aIlonges. OI'aPPeais not C)th0l\'(la0 llllqwjld bylaw. .<,
~:"~:.1~_'r_ -.th&~s~ .. .".- '-11t90
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CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
~
~
Condensed Title:
Second reading public hearing - Parking in Historic Districts
Issue:
Allow required parking to be located within 1200 from a site for properties in other "local historic districts."
Item Summary/Recommendation:
Approve ordinance on second reading.
Advisory Board Recommendation:
Planning Board voted 5-0 (2 absent) to recommend the City Commission approve the proposed
amendments.
Financial Information:
Amount to be expended:
D
Finance Dept.
Source of
Funds:
GENDA\2002\JAN3002\REGULAR\1545summary3.doc
:\PLAN\$PLB\CCMEMOS\2002\1545summary3.doc
AGENDA ITEM
DATE
RSD
1-~-o2..
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.cl.miaml-beach.f1.us
COMMISSION MEMORANDUM
To:
Mayor David Dermer and
Members of the City Commission
Date: January 30, 2002
From:
SUBJECT:
Jorge M. Gonzalez a ^ ~
City Manager IYv- U
Parking on Hlsto c Districts
Second Readina . Public Hearina
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY
AMENDING CHAPTER 130, OFF-STREET PARKING, ARTICLE II, DISTRICT
REQUIREMENTS, SECTION 130-36, TO TREAT OFF-SITE PARKING
REQUIREMENTS THE SAME FOR LOCAL HISTORIC DISTRICTS AS FOR THE
ARCHITECTURAL DISTRICT; PROVIDING FOR REPEALER; CODIFICATION;
SEVERABILITY; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission approve the proposed
ordinance.
ANALYSIS
As part of their ongoing review of the Land Development Regulations (LDRs), the
City Attorney's Office and the Planning Department have identified a number of
sections of the LDRs that should be amended to improve the effectiveness and
efficiency of the development review and approval processes in the City, and to
address the impact of such regulations on its residents and businesses. Therefore,
the City Attorney and City Manager, pursuant to section 118-162(a), Miami Beach
City Code, sought and obtained from the City Commission on September 20, 2001
a referral to the Planning Board for consideration of the following amendment to the
Land Development Regulations.
This proposed change to section 130-36, which allows required parking to be
located 1,200 feet from a site located in "the architectural district," would also allow
such distance for properties in other "local historic districts."
Plannlna Board Action
The Planning Board held a public hearing on December 4, 2001 and voted 5-0 (2
members absent) to recommend to the City Commission approval of the proposed
amendment.
Commission Memorandum
January 30, 2002
Second Reading Public Hearing -Parking on Historic Districts
Page 2
City Commission Action
This proposed amendment was part of a more expansive ordinance that included other
sections of the City Code proposed for change. At its January 9, 2002 meeting, the City
Commission approved, on first reading, this section of that expansive ordinance, which
was listed as Section 1 on the previous ordinance. The Commission requested that
separate ordinances be prepared for each of the proposed amendments so they are
easier to review..
Conclusion
The second reading of this proposed amendment requires an advertised public hearing
in the newspaper published at least five days prior to the second public hearing.
Based on the foregoing, the Administration recommends that the City Commission
approve the ordinance on second reading public hearing.
JMG/6We/JGG/ML