Ordinance 2000-3238 ORDINANCE NO. 2000-3238
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 142-1361
ENTITLED "DEFINITIONS" BY MODIFYING THE
DEFINITION OF "NEIGHBORHOOD IMPACT
• ESTABLISHMENT"AND BY REDUCING THE OCCUPANCY
NUMBER AT WHICH AN ESTABLISHMENT IS DEFINED
AS A NEIGHBORHOOD IMPACT ESTABLISHMENT;
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 specifies that alcoholic beverage
establishments with an occupant content of 300 or more persons as determined by the chief fire
marshal are defined as Neighborhood Impact Establishments; and,
WHEREAS, said Code requires Neighborhood Impact Establishments to be reviewed by the
Planning Board as conditional uses in certain specified zoning districts; and,
WHEREAS,the City Commission desires this provision to distinguish between restaurants,
and establishments that also operate as entertainment establishments and/or dance halls; and,
WHEREAS, the City Commission deems it advisable for establishments operating as
entertainment establishments and/or dance halls,with an occupant content of fewer than 300 persons,
to also be reviewed by the Planning Board as conditional uses,
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section 142-1361, entitled "Definitions" 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:
Sec. 142-1361. Definitions.
For the purpose of this division, the following terms, phrases and words shall have the
meaning given in this section:
Entertainment means any live show or live performance or music amplified or nonamplified.
Exceptions: Indoor movie theater; big screen television and/or background music, amplified or
nonamplified, played at a volume that does not interfere with normal conversation.
Neighborhood impact establishment means_
n an alcoholic beverage establishment or restaurant, not also operating as an entertainment
establishment or dance hall(as defined in Section 114-1 of this Code). with an occupant content of
300 or more persons as determined by the chief fire marshal. or,
2) an alcoholic beverage establishment or restaurant, which is also operating as an entertainment
establishment or dance hall (as defined in Section 114-1 of this Code). with an occupant content of
200 or more persons as determined by the chief fire marshal.
Open air entertainment establishment means a commercial establishment which provides
entertainment, as defined in this section, 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.
Outdoor entertainment establishment means a commercial establishment which provides
outdoor entertainment as defined in this section.
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.
2
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 22nd day of April , 2000.
•
PASSED and ADOPTED this 12th day of April , 2000.
014 ATTEST: MAYOR
3/ fan
CITY CLERK
F:\PLAN\$PLB\FEB\N IM P 1388\13880RD.RV 2
1st reading 3/15/00
2nd reading 4/12/00
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APPROVED AS TO
FORM & LANGUAGE
FOR EXECUTION
1 i. 2 -'Crd
41
City • orn y Date
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139
http:\\ci.m iam i-beach.fl.us
COMMISSION MEMORANDUM NO. 2 -dO
TO: Mayor Neisen O.Kasdin and DATE: April 12,2000
Members of the City Commission
FROM Lawrence A. Levy 0,41
City Manager PUBLIC HEARING SECOND READING
SUBJECT: Ordinance - Neighborhood Impact Establishment Occupancy Threshold
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 142-1361
Entitled "Definitions" By Changing the Definition of Neighborhood Impact
Establishment by Reducing the Occupancy Number at Which an
Establishment Is Defined as a Neighborhood Impact Establishment;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 after a public
hearing, adopt the proposed amending Ordinance.
ANALYSIS
The consideration of an amendment to the Land Development Regulations of the City Code
reducing the threshold for "Neighborhood Impact Establishments" was referred to the Planning
Board by the City Commission on March 17, 1999.
During the process of meeting to discuss Washington Avenue, nightclub definitions, and the
modular licensing concept, the idea was put forward to have alcoholic beverage establishments
with an occupant content of fewer than 300 persons to also be reviewed by the Planning Board as
conditional uses.
At the City Commission meeting of March 17, 1999, the consideration of such an amendment to
the City Code, which would set the threshold for "Neighborhood Impact Establishments" at 150
or more persons, was referred to the Planning Board at the request of Commissioner Nancy
Liebman. Upon referral, Planning Department staff drafted a proposed amendment. At its June
22, 1999 meeting, the Planning Board voted 6-1 to recommend the approval of a revised version
of the proposed ordinance, keeping the threshold for restaurants not licensed as "dance halls" or
AGENDA ITEM R 5 C..'
T\AGENDA\20001APR 1200\REGULAR\1388CMM2.WPD DATE 4- 12-00
Commission Memorandum
April 12, 2000
Ordinance - Neighborhood Impact Establishment Occupancy Threshold
Page 2
ANALYSIS (Continued)
"entertainment establishments"at 300 seats, and setting the threshold for all other establishments
at 150 seats. The Planning Board ordinance went before the City Commission for first reading on
November 17, 1999, with the Administration recommending approval. However,the Commission
voted to send the item back to the Planning Board for further review, as it was felt that perhaps
regulation was too restrictive. A suggestion was made by Commissioner Garcia that the
appropriate threshold might be 250 persons. Attached is the original Planning Board ordinance for
review.
Currently, alcoholic beverage establishments with an occupant content of 300 or more persons are
defined by the City Code as "Neighborhood Impact Establishments",which must be reviewed by
the Planning Board as conditional uses. This amending ordinance, which is a new proposal by the
Planning Board, would modify the Land Development Regulations of the City Code by reducing
the threshold for Neighborhood Impact Establishments from the current 300 or more persons, to
200 or more persons, for establishments operating as dance halls or entertainment establishments
(essentially nightclubs), while allowing the threshold for establishments operating strictly as
restaurants to remain at 300. The occupancy load is determined by the Chief Fire Marshal.
Planning Department staff agrees with the Planning Board's conclusion that establishments
operating only as restaurants do not have the same impact on the City as those operating as
nightclubs (dance halls or entertainment establishments), and thus agrees with allowing the
threshold to remain at 300 persons for restaurant-only establishments. For establishments operating
as dance halls or entertainment establishments, the Administration believes that reducing the
threshold for Neighborhood Impact Establishments from 300 to 200 persons for nightclub type
establishments will result in more of these alcoholic beverage establishments being subject to
review by the Planning Board under the Conditional Use review criteria of the Land Development
Regulations of the City Code (see Attachment "A").
Note that this review process would only apply to applications for new neighborhood impact
establishments, and to applications for the modification or expansion of existing neighborhood
impact establishments. Neighborhood impact establishments 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.
At its February 29, 2000 meeting, the Planning Board voted 6-1 to recommend approval of the
proposed amending ordinance. At the March 15,2000 City Commission meeting,the Commission
voted to approve the proposed amending ordinance on first reading.
T:AGENDA\2000WPRI200\REGULAR\1388CMM2.WPD
Commission Memorandum
April 12, 2000
Ordinance - Neighborhood Impact Establishment Occupancy Threshold
Page 3
ANALYSIS (Continued)
Based on the foregoing analysis,the Administration recommends that the Commission adopt,upon
second reading public hearing,the proposed amending ordinance to Section 142-1361 of the Code
of the City of Miami Beach, Florida, as proposed by the Planning Board, reducing the threshold
for Neighborhood Impact Establishments from the current 300 or more persons, to 200 or more
persons, for establishments operating as dance halls or entertainment establishments. This will
result in expanding upon the number of larger nightclub type alcoholic beverage establishments
subject to Conditional Use review by the Planning Board, thereby ensuring that these
establishments do not negatively impact their respective surrounding neighborhoods within the
City.
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ATTACHMENT "A"
DIVISION 6. ENTERTAINMENT ESTABLISHMENTS* •
Sec. 142-1361. Definitions.
For the purpose of this division, the following terms, phrases and words shall have the meaning
given in this section:
Neighborhood impact establishment means an alcoholic beverage establishment with an occupant
content of 300 or more persons as determined by the chief fire marshal.
* * *
Sec. 142-1362. 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 criteria in addition to the standard review guidelines for
conditional uses pursuant to chapter 118, article IV:
(1) 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.
(2) A parking plan which fully describes where and how the parking is to be provided and
utilized, e.g., valet, selfpark, shared parking, after-hour metered spaces and the manner in
which it is to be managed.
(3) 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.
(4) A security plan for the establishment and any parking facility.
(5) 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.
(6) A sanitation plan which addresses on-site facilities as well as off-premises issues resulting
from the operation of the establishment.
(7) A noise attenuation plan which addresses how noise will be controlled to meet the
requirements of the noise ordinance.
(8) Proximity of proposed establishment to residential uses.
(9) Cumulative effect of proposed establishment and adjacent pre-existing uses.
Sec. 142-1363. Appeal of a determination regarding 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
these land development regulations with regard to the determination of the use of a property as an
outdoor entertainment establishment,open air entertainment establishment or neighborhood impact
establishment, such appeal shall be to the zoning board of adjustment pursuant to chapter 118,
article VIII.
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