Ordinance 99-3223 ORDINANCE NO. 99-3223
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA; AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA; AMENDING CHAPTER 142,
ENTITLED "ZONING DISTRICTS AND REGULATIONS"; SECTION 142-
332, ENTITLED "MAIN PERMITTED USES" BY PROHIBITING DANCE
HALLS LOCATED ON LINCOLN ROAD, UNLESS LOCATED WITHIN A
HOTEL WITH A MINIMUM OF 100 HOTEL UNITS; PROVIDING FOR
INCLUSION IN THE CODE OF THE CITY OF MIAMI BEACH,FLORIDA;
REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS,the Code of the City of Miami Beach permits dance halls in commercial zoning
districts; and
WHEREAS, said Code designates Lincoln Road as part of the CD-3 commercial high •
intensity zoning district; and
WHEREAS, the location and concentration of such dance halls in other commercial zoning
districts within the City have resulted in extensive areas of street frontage which are unused during
the daytime hours, to the detriment of pedestrian activity and retail vitality; and
WHEREAS, for these reasons, the City Commission deems it advisable to prohibit dance
halls from continuing to locate on Lincoln Road.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section 142-332, entitled "Main permitted uses", of Chapter 142, entitled
"Zoning Districts and Regulations", of the Code of the City of Miami Beach, Florida is hereby
amended to read as follows:
Chapter 142 ZONING DISTRICTS AND REGULATIONS
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. 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 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.
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. INCLUSION IN CODE OF THE CITY OF MIAMI BEACH, FLORIDA
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 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 on the 25th day of December , 1999.
PASSED and ADOPTED this 15th day of December , 1999.
AT ST: . MAYOR
, ra,47(1---
CITY CLERK
APPROVED AS TO
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1st reading 11/17/99 &FOR EXECUTION
2nd reading 12/15/99
Cit Attorney p�
2
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139
http:\\ci.miami-beach.fl.us
COMMISSION MEMORANDUM NO. 9.O -.99
TO: Mayor Neisen O.Kasdin and DATE:December 15,1999
Members of the City C• mission
FROM: Sergio Rodriguez
City Manager 4i!
SUBJECT: Limitation nightclubs Locating on Lincoln Road
Second R.ading Public Hearing - An Ordinance of the Mayor and City
Commission of the City of Miami Beach, Florida; Amending the Code of the
City of Miami Beach, Florida; Amending Chapter 142, Entitled "Zoning
Districts and Regulations"; Section 142-332,Entitled "Main Permitted Uses"
By Prohibiting Dance Halls Located on Lincoln Road,Unless Located Within
a Hotel with a Minimum of 100 Hotel Units; Providing for Inclusion in the
Code of the City of Miami Beach, Florida; Repealer; Severability; and an
Effective Date.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission,upon second reading public hearing,
adopt the proposed amending Ordinance.
ANALYSIS
The consideration of an amendment to the Land Development Regulations of the City Code
prohibiting additional nightclubs on Lincoln Road was discussed at the Land Use and Development
Committee meeting of April 26, 1999. At the April 28, 1999 City Commission meeting, the
Commission authorized the creation of a Lincoln Road task force to examine the issue.
Subsequently,on June 9, 1999,the Commission adopted a 60-90 day temporary moratorium on the
issuance of new certificates of use and occupational licenses for dancing establishments on Lincoln
Road, in order for the task force to consider new regulations on nightclubs. Upon referral,
Planning Department staff has drafted the proposed amendment.
The issue of nightclubs,definitions of alcoholic beverage establishments and regulations pertaining
to the hours of operation and other standards for restaurants, bars and nightclub establishments
within the City has been being examined for over a year. On August 25, 1998 the Planning Board
held a workshop to discuss the issue and solicit input from the public. Additionally, staff of the
City's Planning, Code Compliance, Finance, Police and Fire Departments, the City Attorney's
Office, the Office of the City Manager, and the City Commission, together with members of the
Washington Avenue Task Force, nightclub industry representatives, citizen activists, and most
recently, the Lincoln Road Task Force appointed by the Commission, have held a series of
meetings to discuss these issues and work on appropriate responses. At its August 24, 1999
AGENDA ITEM R. ✓b
DATE 12-15'99
Commission Memorandum
December 15, 1999
Limitation on Nightclubs Locating on Lincoln Road
Page 2
ANALYSIS (Continued)
meeting, the Planning Board voted 5-2 in favor of the proposed amending ordinance. At its
November 17, 1999 meeting, the City Commission voted 7-0 to approve the proposed ordinance
on first reading.
The concept of prohibiting additional nightclubs on Lincoln Road is based primarily upon the
experience of Washington Avenue in South Beach. As nightclubs have proliferated along
Washington Avenue, more and more retail establishments have left the street. The resulting
characteristics of the street have increasingly become a dead zone during the day, as these
establishments cater to patrons primarily in the nighttime hours. During the day, large portions of
entire blocks are empty and unused,creating problems in terms of vitality and viability of retail use
along the street.
In order to prevent Lincoln Road,the City's premier commercial corridor,from deteriorating in this
way as the City's nightlife industry expands,the Commission authorized the creation of a Lincoln
Road task force to examine the issue. The temporary moratorium on the issuance of new
certificates of use and occupational licenses for dancing establishments on Lincoln Road that the
Commission adopted was intended to allow the task force to consider new regulations on
nightclubs, and to permit the Planning Board to create an ordinance amending the Land
Development Regulations in order to address the problem.
The proposed ordinance before the Commission today would prohibit dance halls from locating
on properties with a lot line on Lincoln Road. The term "dance hall" is contained in the new
nightclub definitions also scheduled to be considered by the Commission today, and is intended
to describe the typical nightclub that features dancing. The proposed amending ordinance would
apply to all properties containing a lot line adjoining Lincoln Road, and would include some
frontages on the side streets directly abutting the Road as well as storefronts directly fronting the
Road.
Nightclubs which existed as of the effective date of the ordinance, and remained at the same size
and with the same operational characteristics,would be "grandfathered-in"under these provisions
of the City Code.
Based on the foregoing analysis,the Administration recommends that the Commission adopt,upon
second reading public hearing, the proposed amending ordinance to Section 142-332 of the Code
of the City of Miami Beach, Florida, as it would limit additional nightclubs/dance halls from
locating on Lincoln Road,unless located within a hotel with a minimum of 100 hotel units,thereby
helping to insure that Lincoln Road remains a viable and vibrant daytime/nighttime commercial
corridor. ,
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