Ordinance 95-3019 ORDINANCE NO. 95-3019
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING ORDINANCE
NO. 89-2665, AMENDING SECTION 3 , ENTITLED "DEFINITIONS" ,
AMENDING SUBSECTION 3-2, "TERMS DEFINED" BY CREATING A
DEFINITION FOR "ALCOHOLIC BEVERAGE ESTABLISHMENT" AND
"COMMERCIAL ESTABLISHMENT" ; CREATING SECTION 12B ENTITLED
"OUTDOOR ENTERTAINMENT ESTABLISHMENT" AND "NEIGHBORHOOD IMPACT
ESTABLISHMENT" CREATING DEFINITIONS FOR ENTERTAINMENT, OUTDOOR
ENTERTAINMENT ESTABLISHMENT, NEIGHBORHOOD IMPACT ESTABLISHMENT
AND OPEN AIR ENTERTAINMENT ESTABLISHMENT; PROVIDING FOR REVIEW
GUIDELINES FOR SAID ESTABLISHMENTS; PROVIDING THAT APPEALS OF
AN ADMINISTRATIVE OFFICIALS DETERMINATION OF THE USE OF A
PROPERTY AS SAID ESTABLISHMENTS SHALL BE TO THE ZONING BOARD
OF ADJUSTMENT; AMENDING SECTION 6 , ENTITLED "SCHEDULE OF
DISTRICT REGULATIONS" , AMENDING SUBSECTION 6-6, ENTITLED "CD-1
COMMERCIAL, LOW INTENSITY" BY LISTING OUTDOOR ENTERTAINMENT
ESTABLISHMENT, NEIGHBORHOOD IMPACT ESTABLISHMENT AND OPEN AIR
ENTERTAINMENT ESTABLISHMENT AS A CONDITIONAL USE; AMENDING
SUBSECTION 6-7, ENTITLED "CD-2 COMMERCIAL, MEDIUM INTENSITY"
BY LISTING OUTDOOR ENTERTAINMENT ESTABLISHMENT, OPEN AIR
ENTERTAINMENT ESTABLISHMENT AND NEIGHBORHOOD IMPACT
ESTABLISHMENT AS A CONDITIONAL USE; AMENDING SUBSECTION 6-8
ENTITLED "CD-3 COMMERCIAL, HIGH INTENSITY" BY LISTING OUTDOOR
ENTERTAINMENT ESTABLISHMENT, OPEN AIR ENTERTAINMENT
ESTABLISHMENT AND NEIGHBORHOOD IMPACT ESTABLISHMENT AS A
CONDITIONAL USE; AMENDING SUBSECTION 6-14 ENTITLED "I-1 LIGHT
INDUSTRIAL DISTRICT" BY LISTING OUTDOOR ENTERTAINMENT
ESTABLISHMENT, OPEN AIR ENTERTAINMENT ESTABLISHMENT AND
NEIGHBORHOOD IMPACT ESTABLISHMENT AS A CONDITIONAL USE;
AMENDING SUBSECTION 6-16, ENTITLED "MXE MIXED USE
ENTERTAINMENT DISTRICT" BY LISTING OUTDOOR ENTERTAINMENT
ESTABLISHMENT, OPEN AIR ENTERTAINMENT ESTABLISHMENT AND
NEIGHBORHOOD IMPACT ESTABLISHMENT AS A CONDITIONAL, USE;
PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE; PROVIDING FOR
REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, certain outdoor entertainment and large alcoholic
beverage establishments, if left unregulated, may have an adverse
effect on the health, safety, and welfare of the residents of
surrounding neighborhoods; and,
WHEREAS, residents and business operators in certain districts
have expressed concern over the impact of outdoor entertainment and
large alcoholic beverage establishments on their neighborhoods;
and,
1
WHEREAS, regulation of outdoor entertainment establishments, open
air entertainment establishments and neighborhood impact
establishments within certain districts will mitigate the potential ,
negative impact on surrounding property.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1 . Subsection 3-2 , entitled "Terms Defined" of Zoning
Ordinance 89-2665 of the City of Miami Beach, Florida is hereby
amended as follows :
3-2 TERMS DEFINED
A. For the purpose of this Ordinance, certain terms and words are
hereby defined.
7 . ALCOHOLIC BEVERAGE ESTABLISHMENT: Any establishment
located in the City of Miami Beach, Florida at which
alcoholic beverages, beer or wine are offered for
consumption on the premises or any commercial
establishment which allows beer, wine or alcoholic
beverages to be consumed by patrons on the premises .
* * *
43 . COMMERCIAL ESTABLISHMENT: An establishment operated for
profit, whether or not a profit is actually made .
SECTION 2 . Addition of Section 12B, entitled "Outdoor
Entertainment Establishments and Neighborhood Impact
Establishments" to Zoning Ordinance No. 89-2665 .
2
Section 12B
Outdoor Entertainment Establishments
and
Neighborhood Impact Establishments
12B-1. Definitions
For the purpose of this section, the following terms, phrases and
words shall have the meaning given herein:
A. "Entertainment" shall mean any live show or live
performance or music amplified or non-amplified.
Exceptions: Indoor movie theater; Big screen television
and\or background music, amplified or non-amplified,
played at a volume that does not interfere with normal
conversation.
B. "Neighborhood Impact Establishment" shall mean an
Alcoholic Beverage Establishment with an occupant content
of three hundred (300) or more persons as determined by_
the Chief Fire Marshall.
C. "Open Air Entertainment Establishment" shall mean a
Commercial Establishment which provides entertainment, as
defined in paragraph A, indoors or in an enclosed
courtyard or area which by its design is open to the
outside, thereby enabling the entertainment to be audible
outdoors.
D. "Outdoor Entertainment Establishment" shall mean a
Commercial Establishment which provides outdoor
entertainment as defined in paragraph A.
12B-2 . Review Guidelines
In reviewing an application for an Outdoor Entertainment
Establishment, Open Air Entertainment Establishment or a
Neighborhood Impact Establishment, the Planning Board shall apply
the following supplemental review guidelines in addition to the
standard review guidelines for conditional uses pursuant to Section
17 of Zoning Ordinance 89-2665:
3
A. An Operational\Business Plan which addresses hours of
operation, number of employees, menu items, goals of
business, and other operational characteristics pertinent
to the application.
B. A Parking Plan which fully describes where and how the
parking is to be provided and utilized, eg. , valet,
selfpark, shared parking, after-hour metered spaces and
the manner in which it is to be managed.
C. An indoor\outdoor Crowd Control Plan which addresses how
large groups of people waiting to gain entry into the
establishment, or already on the premises will be
controlled.
D. A Security Plan for the establishment and any parking
facility.
E. A Traffic Circulation Analysis and Plan which details the
impact of projected traffic on the immediate neighborhood
and how this impact is to be mitigated.
F. A Sanitation Plan which addresses on-site facilities as
well as off-premises issues resulting from the operation
of the establishment.
G. A Noise Attenuation Plan which addresses how noise will
be controlled to meet the requirements of the Noise
Ordinance.
H. Proximity of proposed establishment to Residential Uses.
I. Cumulative Effect of proposed establishment and adjacent
pre-existing establishments.
12C-1. Appeal of A Determination Regarding the Use of a Property
as An Outdoor Entertainment Establishment, Open Air Entertainment
Establishment or a Neighborhood Impact Establishment
When it is alleged that there is an error made by an administrative
official in the enforcement of the Zoning Ordinance with regard to
the determination of the use of a property as an Outdoor
Entertainment Establishment, Open Air Entertainment Establishment
or Neighborhood Impact Establishment, said appeal shall be to the
Zoning Board of Adjustment pursuant to Section 16 of Zoning
Ordinance 89-2665.
4
SECTION 3 . Subsection 6-6 , entitled "CD-1 Commercial , Low
Intensity" of Zoning Ordinance 89-2665 of the City of Miami Beach,
Florida is hereby amended as follows :
6-6 CD-1 COMMERCIAL, LOW INTENSITY.
A. Purpose and Uses
1. District Purpose 2. Main Permitted Uses 3. Conditional Uses 4. Accessory Uses
This is a retail sales, Personal Commercial Uses; Apartments; Adult Congregate Living Facilities; See Section 6-21
Services, shopping district, Bed& Breakfast Inn(pursuant to Nursing Homes: Religious
designed to provide service to Section 6-22.H). Uses that serve Institution, Public and Private
surrounding residential Alcoholic Beverages as listed in Institutions;Schools;Day Care
neighborhoods. Section 12(Alcoholic Beverages), Facility: Pawn shops;Warehouses;
and any Use selling gasoline;
Outdoor Entertainment
Establishment Neighborhood
Impact Establishment;Open Air
Entertainment Establishment
* * *
SECTION 4. Subsection 6-7, entitled "CD-2 Commercial, Medium Intensity" of Zoning
Ordinance 89-2665 of the City of Miami Beach, Florida is hereby amended as follows:
6-7 CD-2 COMMERCIAL, MEDIUM INTENSITY.
A. Purpose and Uses
1. District Purpose 2. Main Permitted Uses 3. Conditional Uses 4. Accessory Uses
This district provides for Commercial Uses: Apartments; Adult Congregate Living Facilities; See Section 6-21
commercial activities,services. Apartment/Hotels. Uses that serve Funeral Home:Nursing Homes;
offices and related activities which Alcoholic Beverages as listed in Religious Institution;Pawn shops;
serve the entire City. Section 12(Alcoholic Beverages). Public and Private Institutions;
Schools. and any Use selling
gasoline.Outdoor Entertainment
Establishment: Neighborhood
Impact Establishment Open Air
Entertainment Establishment.
* * *
5
SECTION 5. Subsection 6-8, entitled "CD-3 Commercial, High Intensity" of Zoning Ordinance
89-2665 of the City of Miami Beach, Florida is hereby amended as follows:
6-8 CD-3 COMMERCIAL, HIGH INTENSITY.
A. Purpose and Uses
I.District Purpose 2. Main Permitted Uses 3. Conditional Uses 4. Accessory 5. Prohibited
Uses Uses"
This district is Commercial Uses, Apartments: Apartment(otels; Adult Living Congregate Facilities; See Section Pawn Shops
designed to Hotels. Oceanfront properties in the Architectural Outdoor Entertainment 6-21.
accommodate a District shall not be permitted to have new retail Establishment:Neighborhood
highly concentrated and/or office areas totaling more than 250 sq.ft. Impact Establishment;Open Air
business core in unless the Building is rehabilitated according to the Entertainment Establishment;
which activities South Florida Building Code, the Miami Beach Nursing Homes;religious
serving the entire Property Maintenance Standards. and Fire Institution;public and private
City are located. Prevention and Safety Codes and if it is a Historic Institutions;Schools and Major
Structure the U S. Secretary of the Interior Cultural Dormitory Facilities as
Standards for Rehabilitation and Guidelines for specified in Section 10A-2. When
Rehabilitating Historic Structures. Offices are located on that portion of Lincoln
prohibited on the ground floor on that portion of Road that is closed to traffic, these
Lincoln Road which is closed to traffic, unless the uses shall comply with Sec. 6-
office area is located in a mezzanine, or at least 75 8.A 5.
ft. back from the storefront, also Apartments,
Apartment'Hotels and Hotels Ideated on that
portion of Lincoln Road shall comply with Sec. 6-
8,A.5.
6. Apartments, ApartmentiHotels, Hotels and the Conditional Uses, as described
above, 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% of their total
Street frontage(s). The remainder of their first floor frontage shall consist solely
of Commercial Uses, extending back at least 75 ft. from the Street frontage(s).
* * *
6
SECTION 6. Subsection 6-14, entitled "I-1 Light Industrial District" of Zoning Ordinance 89-
2665 of the City of Miami Beach, Florida is hereby amended as follows:
6-14 I-1 LIGHT INDUSTRIAL DISTRICT.
•
A. Purpose and Uses
1. District Purpose 2. Main Permitted Uses 3. Conditional Uses 4. Accessory Uses
This is a utilitarian district Those Uses that arc consistent Any Use which includes the Those Uses customarily
characterized by sales. storage, with the district purpose. retail sale of gasoline. associated with the District •
processing, wholesaling, motor Recycling Receiving Purpose. (See Section 6-21).
vehicles repairs and towing Stations, Outdoor
services. This district shall not Entertainment Establishment;
include any residential Uses. Neighborhood Impact
Establishment;Open Air
Entertainment Establishment.
* * *
SECTION 7. Subsection 6-16, entitled "MXE Mixed Use Entertainment District" of Zoning
Ordinance 89-2665 of the City of Miami Beach, Florida is hereby amended as follows:
6-16 MXE MIXED USE ENTERTAINMENT DISTRICT.
A. Purpose and Uses
t. District Purpose 2. Main Permitted Uses 3. Conditional Uses 4. Accessory Uses
These regulations are designed to Apartments;Apartment-Hotels; Hotels; Major Cultural Dormitory See Section 6-21.
encourage the substantial restoration of Commercial Development as specified in Facilities as specified in
existing Structures and allow for new Section 6-16,C. Uses that serve Alcoholic Section 10A-2;Outdoor
construction. Beverages as listed in Section 12 Entertainment Establishment:
(Alcoholic Beverages). Neighborhood Impact
Establishment:Open Air
Entertainment Establishment.
* * *
7
SECTION 8. INCLUSION IN ZONING ORDINANCE NO. 89-2665. 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 City of Miami Beach Zoning Ordinance No. 89-2665 as amended; that the sections of this ordinance
may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may bf
changed to "section" or other appropriate word.
SECTION 9. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and the same
are herewith repealed.
SECTION 10. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance
is held invalid, the remainder shall not be affected by such invalidity.
SECTION 11. EFFECTIVE DATE. This Ordinance shall take effect on the 4th day of
November , 1995.
PASSED and ADOPTED this 25th octobe /
h s day of �' , 1995.
/ AYOR
ATTEST:
I
OPITY CLE
1st reading 10/11/95
2nd reading 10/25/95
Underline = new language
DJG\MH11D I S KM 12\120401 T.95
FORM AP
By ,Aiir=_ - 8
. �`
Date IN 9
,.
1
z
----.0001--- il
I
r
' 771ti STREET
• 43111.11 .441.. I.;4
IL • / 71ST STAEE1
I i'-'"V.. 7;4i(-
ANO1
./ • 4. % A /
c5 N •• C 63R°SSREEI
•
630) J ,` lei V A 1
e 1,
U
OZ
< V
V •
_ 54TH STREET <
III W .. \
CO %mai 2a
Sv F
471N TREE1 c G i Q
_Q o
c
'llilliii.
f
-
LL i,)w r.
›.• ,j .9 10
/ ..
i .. ,, W
V / STREET
��J� < ~
CAUSE �
uTTE ` % of
V
• 1/ cis CC O
•' / i < .1 0
O I • i/ c/i ' /
vi
'' 4'/j• U
• �+j N O� ,- %//• ET
�2 % ,j STREET
/'/j// 4x '" 04000 RpAO
iliktWv
CAUSEWAY • w .4. ,{/ tT
,..,..... o
Ilt.
to 111III
/moi 2
„iip.: ty1;1< NORTH
• � x` \` --` .J
4
Z
o
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO.7 1 95
TO: Mayor Seymour Gelber and
Members of the City Commission DATE:
FROM: Jose Garcia-Pedrosa OCTOBER 25, 1995
City Manager
SUBJECT:
SECOND READING P BLIC HEARING— TWO COMPANION ORDINANCES
REGARDING OUTDOOR ENTERTAINMENT ESTABLISHMENTS, OPEN AIR
ENTERTAINMENT ESTABLISHMENTS, AND NEIGHBORHOOD IMPACT
ESTABLISHMENTS, AND CLARIFYING THE REGULATIONS FOR USES THAT
SERVE ALCOHOLIC BEVERAGES IN MULTI—FAMILY RESIDENTIAL
DISTRICTS.
ORDINANCE A — AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING COMPREHENSIVE
ZONING ORDINANCE NO. 89-2665, AMENDING SECTION 3, ENTITLED
"DEFINITIONS", AMENDING SUBSECTION 3-2, "TERMS DEFINED" BY
CREATING DEFINITIONS FOR "ALCOHOLIC BEVERAGE ESTABLISHMENT"
AND "COMMERCIAL ESTABLISHMENT"; CREATING SECTION 12B, ENTITLED
"OUTDOOR ENTERTAINMENT ESTABLISHMENTS" AND "NEIGHBORHOOD
IMPACT ESTABLISHMENTS" CREATING DEFINITIONS FOR
"ENTERTAINMENT", "OUTDOOR ENTERTAINMENT ESTABLISHMENT",
"NEIGHBORHOOD IMPACT ESTABLISHMENT" AND "OPEN AIR
ENTERTAINMENT ESTABLISHMENT"; PROVIDING REVIEW GUIDELINES FOR
SAID ESTABLISHMENTS; PROVIDING THAT APPEALS OF AN
ADMINISTRATIVE OFFICIAL'S DETERMINATION OF THE USE OF A
PROPERTY AS SAID ESTABLISHMENTS SHALL BE TO THE ZONING BOARD
OF ADJUSTMENT; AMENDING SECTION 6, ENTITLED "SCHEDULE OF
DISTRICT REGULATIONS", AMENDING SUBSECTION 6-6, ENTITLED "CD-1
COMMERCIAL, LOW INTENSITY" BY LISTING OUTDOOR ENTERTAINMENT
ESTABLISHMENT, NEIGHBORHOOD IMPACT ESTABLISHMENT AND OPEN AIR
ENTERTAINMENT ESTABLISHMENT AS CONDITIONAL USES; AMENDING
SUBSECTION 6-7, ENTITLED "CD-2 COMMERCIAL, MEDIUM INTENSITY"
BY LISTING OUTDOOR ENTERTAINMENT ESTABLISHMENT, OPEN AIR
ENTERTAINMENT ESTABLISHMENT AND NEIGHBORHOOD IMPACT
ESTABLISHMENT AS CONDITIONAL USES; AMENDING SUBSECTION 6-8
ENTITLED "CD-3 COMMERCIAL, HIGH INTENSITY" BY LISTING OUTDOOR
ENTERTAINMENT ESTABLISHMENT, OPEN AIR ENTERTAINMENT
ESTABLISHMENT AND NEIGHBORHOOD IMPACT ESTABLISHMENT AS
CONDITIONAL USES; AMENDING SUBSECTION 6-14 ENTITLED "I-1 LIGHT
INDUSTRIAL DISTRICT" BY LISTING OUTDOOR ENTERTAINMENT
PAGE 1 OF 9
AGENDA ITEM -3-1"—
DATE (O-a6-95
ESTABLISHMENT, OPEN AIR ENTERTAINMENT ESTABLISHMENT AND
NEIGHBORHOOD IMPACT ESTABLISHMENT AS CONDITIONAL USES;
AMENDING SUBSECTION 6-16, ENTITLED "MXE MIXED USE
ENTERTAINMENT DISTRICT" BY LISTING OUTDOOR ENTERTAINMENT
ESTABLISHMENT, OPEN AIR ENTERTAINMENT ESTABLISHMENT AND
NEIGHBORHOOD IMPACT ESTABLISHMENT AS CONDITIONAL USES;
PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE; PROVIDING FOR
REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
ORDINANCE B - AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING COMPREHENSIVE
ZONING ORDINANCE NO. 89-2665, AMENDING SECTION 6, ENTITLED
"SCHEDULE OF DISTRICT REGULATIONS", AMENDING SUBSECTION 6-2,
ENTITLED "RM-1 RESIDENTIAL MULTI FAMILY, LOW INTENSITY BY
CLARIFYING THAT USES THAT SERVE ALCOHOLIC BEVERAGES ARE NOT
PERMITTED; AMENDING SUBSECTIONS 6-3, ENTITLED "RM-2,
RESIDENTIAL MULTI FAMILY, MEDIUM INTENSITY" BY CLARIFYING THAT
USES THAT SERVE ALCOHOLIC BEVERAGES ARE PERMITTED AS ACCESSORY
USES AND NOT AS MAIN PERMITTED USES, BY PROHIBITING ACCESSORY
OUTDOOR ENTERTAINMENT ESTABLISHMENTS AND OPEN AIR
ENTERTAINMENT ESTABLISHMENTS AND BY LISTING NEIGHBORHOOD
IMPACT ESTABLISHMENTS AS CONDITIONAL USES; AMENDING
SUBSECTIONS 6-4, ENTITLED "RM-3, RESIDENTIAL MULTI FAMILY,
HIGH INTENSITY" BY CLARIFYING THAT USES THAT SERVE ALCOHOLIC
BEVERAGES ARE PERMITTED AS ACCESSORY USES AND NOT AS MAIN
PERMITTED USES AND BY LISTING ACCESSORY NEIGHBORHOOD IMPACT
ESTABLISHMENTS, OUTDOOR ENTERTAINMENT ESTABLISHMENTS AND OPEN
AIR ENTERTAINMENT ESTABLISHMENTS AS CONDITIONAL USES;
PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE; PROVIDING FOR
REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
NOTE: THIS AMENDING ORDINANCE B WAS AMENDED AT THE
OCTOBER 11, 1995, CITY COMMISSION FIRST READING
PUBLIC HEARING - (SEE PAGE 8, HEREIN) .
RECOMMENDATION
The Administration recommends that the City Commission adopt on
second reading Ordinance A regarding the creation of Section 12B
entitled "Outdoor Entertainment Establishment" and "Neighborhood
Impact Establishment" within Zoning Ordinance No. 89-2665 and the
companion Ordinance B which includes the clarification that uses
serving alcoholic beverages are not permitted within the RM-1
Residential Multi Family zoning district and are accessory uses
only within the RM-2 and RM-3 districts. Ordinance B has been
further amended to contain new regulations for outdoor
entertainment establishments and open air entertainment
establishments as prohibited accessory uses within the RM-2
Residential Multi Family zoning district.
PAGE 2 OF 9
BACKGROUND
The City Administration had previously requested the Planning,
Design and Historic Preservation Division to study the inherent
problems related to nightclubs, which can, at a minimum, lead to
traffic congestion, lack of adequate parking (whether valet or self
park) , unacceptable noise levels, crowd control problems, proximity
of incompatible uses and other potential negative impacts on
surrounding residents and properties.
On May 9, 1995, the Planning Board conducted a workshop to discuss
the nightclub issue and the accompanying problems that are
associated with this type of operation and it was determined that
changing the definition of a nightclub may not be the appropriate
course of action. Presently, many establishments that would not be
considered a nightclub (under today's definition within the Zoning
Code) may be a nuisance to adjacent properties and the surrounding
neighborhood regardless of the description on their occupational
license. The Board felt that an amending ordinance should address
the problems related with the use, rather than the definition of
the use itself.
On May 23 , 1995, the Board discussed a draft amendment to the Code
that would define entertainment and would require establishments
with outdoor entertainment to be reviewed for approval via the
conditional use process. This would include indoor entertainment
that could be audible outdoors given the nature of the
establishment's design. Also, any alcoholic beverage
establishment with an occupant content in excess of 300 patrons
would require conditional use approval. The new amendment provides
a list of review criteria and codifies an appeal process relevant
to the determination of these types of uses.
That ordinance (Ordinance A) was unanimously (6-0, one absentee)
recommended for approval by the Planning Board at their June 27,
1995 public hearing. The Board also expressed concern at this
meeting that these types of newly defined establishments have not
been given consideration as accessory uses in the RM-2 and RM-3
zoning districts where such uses are permitted and could
conceivably become a problem. In order for Ordinance A to be
consistent and uniform throughout the City, the Planning Board
requested that a similar amendment (Ordinance B) be brought back to
the Board at their July meeting to address these accessory uses.
Ordinance B was unanimously (5-0, one absentee and one recusal)
recommended for approval by the Board at its July 25th meeting.
On a related matter, an amending ordinance was adopted on September
13, 1995, by the City Commission regarding the designation of a
"Cabaret District" on Ocean Drive between 9th and 11th Streets as
stipulated to in the newly adopted Noise Ordinance.
PAGE 3 OF 9
At the October 11, 1995 first reading public hearing, Ordinance A
was approved as written. Ordinance B was amended to prohibit
Outdoor Entertainment Establishments and Open Air Entertainment
Establishments within the RM-2 zoning districts. Ordinance B would
still require conditional use approval for Neighborhood Impact
Establishments, Outdoor Entertainment Establishments and Open Air
Entertainment Establishments within the RM-3 zoning district as
originally proposed within the amendment, as well as, Neighborhood
Impact Establishments within the RM-2 zoning district.
The Commission also remanded back to the Planning Board a further
study regarding the prohibition or limitation of Neighborhood
Impact Establishments, Outdoor Entertainment Establishments and
Open Air Entertainment Establishments within the South Pointe
Redevelopment Area (Performance Standards Districts) .
ANALYSIS OF ORDINANCE A - (UNCHANGED)
What follows is an analysis of each section of this proposed
amendment with an analysis of the amended companion ordinance
(Ordinance B) to follow.
The attached amending Ordinance A, adds two new definitions to
Section 3 entitled "Definitions" and creates a new Section 12B,
entitled "Outdoor Entertainment Establishments and Neighborhood
Impact Establishments" within the current Zoning Ordinance No. 89-
2665.
Section 1.
This section of the amending Ordinance A creates definitions for an
"Alcoholic Beverage Establishment" and a "Commercial Establishment"
within Subsection 3-2 "Terms Defined" of the current Zoning Code.
These terms would be used throughout the entire Zoning Code and are
included for clarification purposes.
Section 2.
This portion of the proposed amendment creates the new Section 12B,
entitled "Outdoor Entertainment Establishments and Neighborhood
Impact Establishments" which is made up of three subsections;
Definitions, Review Criteria and an Appeal of a Determination
process.
The first subsection, 12B-1, entitled "Definitions" creates new
definitions for entertainment and establishments with outdoor
entertainment that would be reviewed under conditional use
procedures for approval. An establishment with indoor
entertainment (as newly defined) that was audible outdoors due to
PAGE 4 OF 9
the design of the building would also require conditional use
approval. In addition to these particular types of uses, Alcoholic
Beverage Establishments with an occupant content of 300 hundred or
more patrons would come under these new regulations. The new
definitions would be as follows:
For the purpose of this section, the following terms, phrases
and words shall have the meaning given herein:
A. "Entertainment" shall mean any live show or live
performance or music amplified or non-amplified.
Exceptions: Indoor movie theater; Big screen television
and\or background music, amplified or non-amplified,
played at a volume that does not interfere with normal
conversation.
B. "Neighborhood Impact Establishment" shall mean an
Alcoholic Beverage Establishment with an occupant content
of three hundred (300) or more persons as determined by
the Chief Fire Marshall.
C. "Open Air Entertainment Establishment" shall mean a
Commercial Establishment which provides entertainment, as
defined in paragraph A, indoors or in an enclosed
courtyard or area which by its design is open to the
outside, thereby enabling the entertainment to be audible
outdoors.
D. "Outdoor Entertainment Establishment" shall mean a
Commercial Establishment which provides outdoor
entertainment as defined in paragraph A.
The intent of these new definitions is to include all uses with
entertainment, as defined above, which is either outdoors or
indoors but audible outdoors, to be reviewed pursuant to the
conditional use process. The term entertainment as proposed would
exclude low-volume amplified or non-amplified background music as
long as it is played at a vblume that would not interfere with
normal conversation. In this manner, an exterior sound system or
a strolling musician playing music at a volume that does not
interfere with normal conversation in an outdoor restaurant would
not require conditional use approval. However, the sound level of
the establishment would still be subject to the regulations within
the noise ordinance. Also, any establishment that serves alcoholic
beverages and has an occupant content set by the City's Fire
Marshall at 300 or more patrons would require conditional use
approval.
PAGE 5 OF 9
%
The second Subsection 12B-2 , entitled "Review guidelines" creates
new review criteria for these types of uses that would be used in
addition to the existing Conditional Use review procedures as
listed in Section 17 of the current zoning code. Presently,
conditional uses may be approved in accordance with the procedures
and standards of Section 17, provided that:
1. The use is consistent with the Comprehensive Plan or
Neighborhood Plan if one exists for the area in which the
property is located.
2 . The intended Use or construction will not result in an
impact that will exceed the thresholds for the levels of
service as set forth in the Comprehensive Plan.
3 . Structures and Uses associated with the request are
consistent with this Ordinance.
4 . The public health, safety, morals, and general welfare
will not be adversely affected.
5. Adequate Off-Street Parking facilities will be provided.
6. Necessary safeguards will be provided for the protection
of surrounding property, persons, and neighborhood
values.
The additional new review criteria would be as follows:
A. An Operational\Business Plan which addresses hours of
operation, number of employees, menu items, goals of
business, and other operational characteristics pertinent
to the application.
B. A Parking Plan which fully describes where and how the
parking is to be provided and utilized, eg. , valet,
selfpark, shared parking, after-hour metered spaces and
the manner in which it is to be managed.
C. An iridoor\outdoor Crowd Control Plan which addresses how
large groups of people waiting to gain entry into the
establishment, or already on the premises will be
controlled.
D. A Security Plan for the establishment and any parking
facility.
E. A Traffic Circulation Analysis and Plan which details the
impact of projected traffic on the immediate neighborhood
and how this impact is to be mitigated.
PAGE 6 OF 9
F. A Sanitation Plan which addresses on-site facilities as
well as off-premises issues resulting from the operation
of the establishment.
G. A Noise Attenuation Plan which addresses how noise will
be controlled to meet the requirements of the Noise
Ordinance.
H. Proximity of proposed establishment to Residential Uses.
I. Cumulative Effect of proposed establishment and adjacent
pre-existing establishments.
The request would also be reviewed by pertinent City Departments
for additional comments regarding the proposed use. These City
Departments would include the Legal, Finance, Code Compliance,
Building, Parking and Police Departments in addition to the
extensive review done by the Planning, Design and Historic
Preservation Division.
The third proposed Subsection 12C-1 of Ordinance A, entitled
"Appeal of A Determination Regarding the Use of a Property as An
Outdoor Entertainment Establishment, Open Air Entertainment
Establishment or a Neighborhood Impact Establishment" codifies the
appeal process regarding the determination of these types of uses.
Appeals would be to the Zoning Board of Adjustment (BOA) as an
administrative relief process. Appeal of the BOA is already
established to a court of competent jurisdiction.
The next five sections of the amending Ordinance A add the newly
defined terms Outdoor Entertainment Establishment, Open Air
Entertainment Establishment and Neighborhood Impact Establishment
to the conditional use category of the CD-1, CD-2, CD-3, I-1 and
MXE zoning district regulations.
The last sections of the amendment provide for inclusion in the
Zoning Ordinance with an effective date.
ANALYSIS OF ORDINANCE B - (AS AMENDED, 10\11\95)
What follows is an analysis of each section of this proposed
amending Ordinance B.
Section 1.
This section of Ordinance B, deletes old language in the RM-1
Residential Multi Family Low Intensity district by specifically
deleting the reference to "Uses that serve Alcoholic Beverages as
PAGE 7 OF 9
listed in Section 12 (Alcoholic Beverages) " under the Main
Permitted Uses section. This reference is an error that was
created by mistake at the inception of the Zoning Ordinance in
October of 1989 and is being removed since the RM-1 district is
strictly for residential development and does not allow commercial
eating and drinking establishments as main or accessory uses.
Section 2 .
This section of Ordinance B also deletes current language in the
RM-2 Residential Multi Family Medium Intensity district by deleting
specifically the reference to "Uses that serve Alcoholic Beverages
as listed in Section 12 (Alcoholic Beverages) " under the Main
Permitted Uses section. This reference is being removed since the
RM-2 district is strictly for residential development and does not
allow commercial eating and drinking establishments as main uses.
The only time an eating or drinking establishment would be allowed
would be as an accessory use to a hotel.
On October 11, 1995 the Commission on first reading revised this
section of the amending ordinance to prohibit outdoor entertainment
establishments and open air entertainment establishments within the
RM-2 districts (previously listed as conditional uses) .
Neighborhood impact establishments would continue to be listed as
conditional uses as originally proposed by the amendment. The
attached amending Ordinance B has been revised to reflect these
changes.
Section 3 .
This section of Ordinance B also deletes existing language in the
RM-3 Residential Multi Family High Intensity district by deleting
specifically the reference to "Uses that serve Alcoholic Beverages
as listed in Section 12 (Alcoholic Beverages) " under the Main
Permitted Uses section. This reference is being removed since the
RM-3 district is strictly for residential main uses and only
permits commercial eating and drinking establishments as accessory
uses. These establishments may be accessory to hotels or apartment
buildings. For that reason, accessory outdoor entertainment
establishments, neighborhood impact establishments and open air
entertainment establishments are also being listed as conditional
uses.
The last sections of the amendment provide for inclusion in the
Zoning Ordinance, repealer, severability and an effective date.
PAGE 8 OF 9
I
CONCLUSION
Based on the foregoing, the Administration recommends that the City
Commission adopt on second reading Ordinance A regarding the
creation of Section 12B entitled "Outdoor Entertainment
Establishment" and "Neighborhood Impact Establishment" within
Zoning Ordinance No. 89-2665 and the amended companion Ordinance B
regarding the regulation of these same types of establishments as
prohibited and\or accessory uses within the RM-2 and RM-3
Residential Multi Family zoning districts.
DJG\MHF\DISK#16\a1TECM2.95
PAGE 9 OF 9
t
v
•
u
ro •
g •
v •
$.+ •
orn
0 •
--I oo .
o r~
M r{ .
1 1~
sl
o
N c'")
COD
• N
-) .1-1
0
zw d
H o 41 p
N a)
0 H •
a ai
P4 O Ul
O U �o
bD N
g 1
v
4o