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Ordinance 2000-3239 ORDINANCE NO. 2000-3239 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- 902, ENTITLED PERMITTED ACCESSORY USES", BY PERMITTING CERTAIN PUBLIC TELEPHONES AS ACCESSORY USES ON THE OUTSIDE OF APARTMENT BUILDINGS, OFFICE, RETAIL AND COMMERCIAL USES; BY LIMITING THE NUMBER AND PROVIDING FOR DESIGN REVIEW APPROVAL FOR PUBLIC TELEPHONES AND AUTOMATIC TELLER MACHINES ON PRIVATE PROPERTY; PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the Land Development Regulations of the City Code presently control the placement of pay telephones and automatic teller machines on private property ; and WHEREAS, representatives of the pay telephone industry have expressed concerns about the regulations applicable to pay telephones; and WHEREAS, the City seeks to balance the City's interest in the public's health, safety and welfare, including concerns about aesthetics and crime, and the industry's expressed concerns; and WHEREAS, such interest in the public's health, safety and welfare, including concerns of aesthetics and crime similarly extend to automatic teller machines and thus the City seeks to amend the regulations applicable to such machines; NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Section 142-902, entitled "Permitted Accessory 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: Sec. 142-902. Permitted accessory uses. The following are permitted accessory uses: * * * (2) Apartment buildings may have accessory uses based upon the below criteria: * * * d. Public telephones and vending machines shall only be permitted to be located inside buildings; however, one public telephone may also be permitted outside, as long as it is not located in a required front yard. required side yard facing a street, or on a facade facing a street; the exact location and manner of placement of all public telephones shall be subject to design review approval. One aAutomatic teller machine shall be permitted on the exterior walls of buildings, when associated with an accessory commercial use allowed under Section 142-902(2)(e),except in historic districts. The exact location and manner of placement for automatic teller machines shall be subject to design review approval. * * * (4) Office, retail and commercial uses shall be permitted to have the following accessory uses: * * * c. Public telephones and vending machines shall only be permitted to be located inside buildings; however, one public telephone may also be permitted outside, as long as it is not located on a facade facing a street; the exact location and manner of placement shall be subject to design review approval. Service stations may also have public telephones outside, but no more than two (2) and at a single location in full view of the station attendant: the exact location and manner of placement shall be subject to design review approval. Aautomatic teller machines shall be permitted on the exterior walls of buildings. The exact location,number and manner of placement for automatic teller machines shall be subject to design review approval. 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. ATTEST: MAY0,0 CI Y CLERK 1st reading 3/15/00 2nd reading 4/12/00 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION Cl A orney Date RGL/rgl F:\PLAN\SPLB\FEB\ATM 1404A\14040RD.COM 3 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. 281 -00 • TO: Mayor Nelsen O.Kasdin and DATE: April 12,2000 Members of the City Commission FROM Lawrence A. Levy tr. City Manager PUBLIC HEARING. SECOND READING SUBJECT: Ordinance - Pay Telephones/Automatic Teller Machines 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 142-902, Entitled Permitted Accessory Uses",by Permitting Certain Public Telephones as Accessory Uses on the Outside of Apartment Buildings, Office, Retail and Commercial Uses; by Limiting the Number and Providing for Design Review Approval for Public Telephones and Automatic Teller Machines on Private Property; Prohibiting Automatic Teller Machines on the Exterior of Residential Buildings in Historic Districts; 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 An amendment to the Land Development Regulations (LDR's) of the City Code regarding pay telephones on private property was referred to the Planning Board by the City Commission at its December 15, 1999 meeting, at the request of Commissioner Nancy Liebman. Currently, the Land Development Regulations of the City Code restrict the placement of pay telephones outside of buildings on private property. The Florida Pay Telephone Association has sued the City challenging (on several bases)the legality of the City's regulation of pay telephones on private property. Although the law is unclear as to the extent that a City can regulate pay telephones on private property, a less restrictive ordinance would be more likely to be upheld if a legal challenge is brought against it. AGENDA ITEM R6 b T:\AGENDA\2000\APR1200kREGULAR\14040MM2.WPD DATE --I 2-Oa Commission Memorandum April 12, 2000 Ordinance -Pay Telephones/Automatic Teller Machines Page 2 ANALYSIS (Continued) Therefore, the Administration seeks to balance the industry's expressed concerns with the City's need to regulate the placement of pay phones, which is based on concern for the public health, safety and welfare, including, but not limited to, concerns about aesthetics and crime associated with these pay phones. The proposed amending ordinance would allow one public telephone to be permitted outside • apartment buildings, office, retail and commercial uses, as long as it is not located on a facade facing a street. Service stations would also be allowed to have public telephones outside,but no more than two (2), and at a single location in full view of the station attendant. The exact location and manner of placement of all public telephones would be subject to design review approval. The proposed ordinance also limits automatic teller machines,which at this time are also permitted by the City Code on the exterior walls of the buildings, one per building. The proposed ordinance requires all ATM machines on the exterior of buildings to be subject to design review approval, to the extent that they are a permitted accessory use in a particular zoning district, and prohibits ATM machines on residential buildings in the City's historic districts. At its February 29, 2000 meeting, the Planning Board voted 7-0 to recommend approval of the proposed amending ordinance. At its March 15, 2000 meeting, the City Commission voted to approve the proposed amending ordinance on first reading. Based on the foregoing analysis,the Administration recommends that the Commission adopt,upon second reading public hearing, the proposed amending ordinance to Section 142-902 of the Land Development Regulations of the Code of the City of Miami Beach, Florida, as it would allow for limited placement of pay telephones on private property. /0, IL LAL\ \JGG\RGL\rgl T:\AGENDA\2000\APRI200\REGULAR\1404CMM2.W PD '§ U r $ `\ k 0 q2 ^ f � § 6 ° 7 / % 2 : q U C; 1.) m \ • \ Jrcs co / n' \ 4 ° \ cri *-4 ._ q - o J « � N - U gw = « 2 = 9 © 09 _ § / - - o % . ' a) @ •R ƒ / k / O