C4C-Ref- LUDC-Planning Board - Amend LDR�s To Regulate Religious InstitutionsMIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, florida 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor Matti Herrera Bower and Members of the City Commission
Kathie G. Brooks, Interim. City Manager U ·1__
Jose Smith, City Attorn~ "' ~ , / -
February 6, 2013 \.~/
Request for referral of an amendment to the Land
Development Regulations to regulate religious institutions in
multi-family residential, commercial and industrial districts in
the same manner as other assembly uses with similar
occupancy.
RECOMMENDATION
The City Manager and City Attorney recommend that the City Commission
approve the referral of an ordinance, first to the Land Use and Development
Committee, and thereafter to the Planning Board, amending the Land
Development Regulations to regulate religious institutions in the same manner as
other permitted or accessory uses, such as restaurants, clubs or dining rooms.
Presently, religious institutions, where permitted, are only allowed as a
conditional use, if approved after a public hearing. The amendment would
regulate religious institutions like similar assembly uses, where permitted in
multifamily, commercial and industrial zoning districts, without a public hearing.
Such equal treatment is required by federal law.
BACKGROUND
The federal Religious Land Use and Institutionalized Persons Act (RLUIPA),
among other things, requires the equal treatment of religious uses with other
similar uses. Specifically, section 42 USC 2000 (b)(1); the Equal Terms
provision states: "No government shall impose or implement a land use
regulation in a manner that treats a religious assembly or institution on less than
equal terms with a nonreligious assembly or institution."
A review of the City Code reveals that while entertainment uses of 200 or more
occupancy require conditional use approval, such uses below that occupancy do
not Section 142-1361 defines a Neighborhood Impact Establishment as: "An
alcoholic beverage establishment or restaurant, which is also operating as an
entertainment establishment or dance hall (as defined in section 114-1 ), with an
occupant content of 200 or more persons as determined by the chief fire
marshal."
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Date ;;.,6-11
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City Commission Memorandum
Religious Institution Equal Terms Ordinance
February 6, 2013
Page 2 of2
That section also defines "Entertainment" as "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."
Further, the Code permits certain assembly uses as accessory uses in
multifamily zoning districts, such as dining rooms limited to the residents of a
building. The Code should be amended to provide equal treatment for such
accessory uses as well.
It is reasonable to interpret RLUIPA to require the Code to treat religious
institutions equally with these entertainment uses. The amendment would allow
religious institutions up to 199 person occupancy to be permitted as of right in
zoning districts that also allow other assembly uses such as restaurants and
entertainment establishments up to that occupancy that are also permitted as of
right.
CONCLUSION
The City Manager and City Attorney recommend that the City Commission
approve the requested referral to the Land Use and Development Committee and
thereafter to the Planning Board for the amendment as proposed above.
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KGB/JS/RGUGH
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