2002-3347 ORD
ORDINANCE NO.
2002-3347
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, "CONDITIONAL
USES," TO ALLOW FOR CONDITIONAL USES IN THE MR
DISTRICT THAT MAYBE PROVIDED BY OTHER PROVISIONS OF
THE LAND DEVELOPMENT REGULATIONS; PROVIDING FOR
REPEALER; CODIFICATION; SEVERABILITY; AND AN
EFFECTIVE DATE.
WHEREAS, the Land Development Regulations of the Code of the 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 of the 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 142, "Zoning Districts and Regulations," Article II, District
Regulations," Division 12, "MR Marine Recreation District," Section 142-513, "Conditional
Uses," of the Code of the City of Miami Beach, Florida is hereby amended as follows:
Sec. 142-513. Conditional uses.
There are no conditional uses in the MR marine recreation district, except as may otherwise
be provided in these land development regulations.
(Ord. No. 89-2665, S 6-15(A)(3), eff. 10-1-89).
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herewith be and the same are hereby repealed.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 ofthe City Commission, and it is hereby ordained that the provisions
ofthis ordinance shall become and be made part of the Code ofthe 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 day
,2002.
PASSED and ADOPTED this 30th da 0
A1:~rP~
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
\... ro-oY
DATE
F:\A TTO\HELG\Ordinances\Glitch2\Ordinance4.MRconduse.wpd
2
CITY -OF' MIAMI BEACH ro.
~: NOTICE OF PUBLIC HEARINGS ....,.
Ii 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 Centet' Driva, Miami Beach,Fiorida, on, Wednesday,
January 30, 2002, at the times listed below, to consider the following:
at 10:30 a,m.: ..
AN ORDINANCE RELATING TO SIN~LE UTILITY BILLING AND WASTE IMPACT
FEES; AMENDING SECTION 90-133,OF THE CITY COOE 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
CONTRACT; PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF MIAMI
BEACH, FLORIDA; REPEALER; SEVERABILITY; AND AN EFFECTII!E DATE,
at 1Qo.4Cl'a.m.: ..
AN ORDINANCE 'AMENDING CHAPTER 6 OF THE MIAMI BEACH CITY CODE
ENTITLED 'ALCOHOLlC BEVERAGES", BY AMENDING SECTION 6-40 THEREOF
ENTITLED 'TOTAL NUDITY AND SEXUAL CONDUCT PROHIBITED", BY ADDING
SUBSECTION (Cl TO PROVIDE THAT ALCOHOLIC BEVERAGE ESTABLISHMENTS
I'ERMmING TOtAL NUDITY, WHICH ARE IN OPERATION ON 'OCTOBER 1, 2001
UNDER A CURRENT ADULT ENTERTAINMENT OCCUPATIONAL LICENSE, WHICH
OBTAINS AN 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 EFFECTIVE DATE.'
1ft 11:01 ..!II.:
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 13ll-36,
TO TREAT OFF-SITE PARKING REQUIREMENTS THE SAME FOR LOCAL HISTORIC
DISTRICTS AS FOR THE ARCHITECTURAL DISTRICT; PROVIDING FOR REPEALER;
COOIFICATION; SEVERABILITY; AND AN EFFECTIVE DATE. '
at 11:02 a.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: ARTlCLEJI, 'DlSTRICT REGULATIONS: DMSION 12,
'MR MARINE RECREATION DISTRICT: SECTION 142-513, 'CONDITIONAL 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; SEVERABILITY; AND AN EFFECTIVE DATE.
at 11:03 un.: . . ,'.' :,., ;, .'.'C'..vc ':-:'
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 138, '
"SIGNS,' ARTICLE IV, 'TEMPORARY SIGNS: SECTION 138-132, 'BUSINESS SIGNS: I
SUBSECTION (0), TO ALlOW TEMPORARY BUSINESS SIGNS TO.BE ERECTED AND I
MAINTAINED BEYOND THE PERMmED 3Cl DAYS WHEN THE CITY MANAGER FINDS
THAT SUCH SIGNAGE IS NECESSARY TO MITIGATE THE IMPACTS OF PUBLIC i
CONSTRUCTION ON VISIBILITY OF OR ACCESS TO THE BUSINESS; PROVIDING FOR I
REPEALER; CODIFICATION; SEVEFlABILlTY; AND AN EFFECTIVE DATE. !
Inquiries may be dliec;ted to the Legal bepaitmer>t at (395), 673-7470.~,
ALL INTERESTED PARTIES ara Inv~ed to appear at. this maatlng. or be l8pl8lIEM1te<f
by an agent, or to expressthalr views In WIillng addressed to the City Comml...loi'l,
c/o lha City Clerk. 1700 Convention Centllr Drive, lot Floor, City Hall, Miami Beach;
Florida 33f39. Copies of lhase ordinances are 'avilllable for .publlc Inspection during
normal business hours In the City Clerk's Office, 1700 Convention Center D~t
Floor, City Hall, Miami Beach, Florida 33139.lhis meeting may be continued and
under such circumstances add~lonalleQal.notlce would not be proVided.. ...
Ro~ E. Parcher; City CIeri<
. City olM1ll!J1i,ee.ch,
=\:,o=,~~:':'~~by~~~~~~:';=
consIcler8d at lts Il*ting or Its hearing, such perooninust ensure that" _m record of
the proceedings 10 mad., whk:h record liioludM the taetlmony and evidence upon Which the
appeal fa- to be based. This 'notice- does no1 const~ute consent _ by the, City for the
introduCtion 'Dr admission of otherwise Inadmissible or Irrelevant, evidence, nor _ Ooes It
~ .challengao or BPPaai8 not qther.yIse ~IQWPd b)' law. ... ...
",'~t)1';:'~sl.ith ~ ",- '1t19O
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
~
-
Condensed Title:
Second reading public hearing -Conditional Uses in the MR District.
Issue:
1. Provide for conditional uses in MR that may be expressly permitted in other sections of the code.
Item Summarv/Recommendatlon:
Approve ordinance on second reading.
Advlsorv 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:
T:\AGENDA\2002\JAN3002\REGULAR\ 1545summary-2.doc
AGENDA ITEM
DATE
f?S~
I--:<J:J-o 2-.
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.ci.miami-beach.fl.us
COMMISSION MEMORANDUM
To:
SUBJECT:
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez "./
City Manager \ rt)
MR Conditional JJes
Date: January 30, 2002
From:
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 142, "ZONING DISTRICTS AND REGULATIONS,"
ARTICLE II, "DISTRICT REGULATIONS," DIVISION 12, "MR MARINE
RECREATION DISTRICT," SECTION 142-513, "CONDITIONAL 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;
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 142-513, conditional uses in the MR district, is a
technical amendment that clarifies and provides for conditional uses that may be
expressly permitted for this district in other sections of the code. Section 130-70(1)
specifically allows temporary parking lots in the MR district, and section 130-70(6)
allows temporary parking lots south of Biscayne Street to be approved after a
public hearing according to conditional use procedures.
Commission Memorandum
January 30, 2002
Second Reading Public Hearing -Conditional Uses in MR District
Page 2
Plannina 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.
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 4 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 following the second reading public hearing.
JMG/C~JGG/ML
F:IPLANI$PLBICCMEMOS\200211545ccme2.doc
T:\AGENDA\2002\JAN3002IREGULARI1545ccme2.doc