R5N-Religious Uses Ordinance - RLUIPAlntended Outcome Su
Maintain strong g rowth management policies.
Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of
businesses rate the effort out forth bv the Citv to reoulate is "about the rioht amount."
COMMISSION ITEM SUMMARY
Condensed Title:
Second Reading to consider an Ordinance Amendment for the equal treatment of religious uses as
required by the Federal Religious Land Use and lnstitutionalized Persons Act (RLUIPA).
AGENDA '"* lQS N
Item Summary/Recommendation :
SECOND READING PUBLIC HEARING
The proposed Ordinance would modify permitted and conditional uses in all zoning districts for the
equal treatment of religious uses as required by the Federal Religious Land Use and lnstitutionalized
Persons Act (RLUIPA).
On April 23, 2014, the City Commission approved the Ordinance at First Reading and scheduled a
Second Reading Public Hearing for May 21,2014.
The Administration recommends that the City Commission adopt the Ordinance.
On November 19, 201 3, the Planning Board transmitted the subject Ordinance to the City
Commission with a favorable recommendation by a vote of 6-0.
Financial I nformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the longterm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long{erm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budqet.
Gary Held
T:\AGENDA\2014\May\Religous Uses RLUIPA - SUM 2nd Reading.docx
E MIAMIBEACH DATE S-ZI^fq
463
g MIAMI BEACH
City of Miomi Beoth, lZ00 Convenlion Cenier Drive, Miomi Beoch, Flor do 331 39, www.m om beochl .gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members
FRoM: Jimmy L. Morales, City Manager
DATE: May21,2014
SUBJECT: Religious Uses Ordinance for the equal treatment of religious
uses as required by the Federal Religious Land Use and lnstitutionalized
Persons Act (RLUIPA)
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE GODE OF THE CITY OF
MIAMI BEACH CODE, BY AMENDING CHAPTER I42, "ZONING DISTRICTS
AND REGULATIONS," ARTICLE II, ..DISTRICT REGULATIONS," AND
ARTICLE lV, "SUPPLEMENTARY D|STRICT REGULATIONS," TO
PROVIDE FOR THE EQUAL TREATMENT OF RELIGIOUS INSTITUTIONS
IN MULTIFAMILY, COMMERCIAL AND INDUSTRIAL DISTRICTS, AS
REQUIRED BY FEDERAL LAW, ALLOWING RELIGIOUS INSTITUTIONS AS
A MATTER OF RIGHT UP TO 199 OCCUPANCY, AS EITHER MAIN
PERMITTED OR ACCESSORY USES AS SET FORTH IN THE RESPECTIVE
ZONING DISTRICTS, AND REQUIRING GONDITIONAL USE APPROVAL
FOR SUGH USES WITH HIGHER OCCUPANCY, PROVIDING FOR
REPEALER; SEVERABILITY; GODIFIGATION; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
BACKGROUND
On February 6, 2013, at the request of the City Manager and City Attorney, the Mayor
and City Commission approved a referral to the Land Use and Development
Committee (LUDC) for a discussion regarding 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.
On July 22, 2013, the LUDC refened to the Planning Board an ordinance to regulate
religious institutions like similar assembly uses, where permitted in multifamily,
commercial and industrial zoning districts, without a public hearing.
ANALYSIS
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
the City mtsston
READING PUBLIC HEARING
464
Commission Memorandum
Religious Uses (RLUI PA)
May 21 , 2014 Page 2 ol 3
zoning districts, without a public hearing. Such equal treatment is required by federal
law.
The federal Religious Land Use and lnstitutionalized Persons Act (RLUIPA), among
other things, requires the equal treatment of religious uses with other similar uses.
Specifically, section 42 USC 2000 (bX1), 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 lmpact 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."
That section also defines "Entertainment" as "any live show or live performance or music
amplified or nonamplified. Exceptions: lndoor 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.
PLANNING BOARD REVIEW
The Planning Board reviewed the proposed Ordinance on November 19,2013, and
recommended approval by a vote of 6 to 0.
NOTIGE AND HEARING REQUIREMENTS
ln accordance with Section 118-164(2) of the City Code, the City Commission shall hold
two (2) advertised public hearings on the proposed ordinance. At least one hearing shall
be held after 5:00 p.m. on a weekday, unless the Commission, by a majority plus one
vote, elects to conduct that hearing at another time of day. The first public hearing shall
be held at least seven days after the day that the first advertisement is published. The
second public hearing shall be held at least ten days after the first hearing and shall be
advertised at least five days prior to the public hearing.
Additionally, the required advertisements shall be no less than two columns wide by ten
inches long in a standard size or tabloid size newspaper, and the headline in the
advertisement shall be in a type no smaller than 18 point. The advertisement shall not be
placed in that portion of the newspaper where legal notices and classified
advertisements appear. The advertisement shall be placed in a newspaper of general
paid circulation in the city and of general interest and readership in the city, not one of
limited subject matter.465
Commission Memorandum
Religious Uses (RLU I PA)
May 21, 2014 Page 3 ol 3
FISCAL IMPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration evaluated the long term economic
impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is
not expected to have any tangible fiscal impact.
SUMMARY
On April 23, 2014 the subject Ordinance was approved at First Reading.
GONGLUSION
The Administration recommends that the City Commission adopt the Ordinance.
.1*/
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T:!AGENDA\2014\May\Religous Uses RLUIPA - MEM 2nd Read.docx
466
RELIGIOUS LAND USE - RLUIPA
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CIry COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH CODE, BY AMENDING CHAPTER 142,
"zoNlNG DlsTRtcTS AND REGULAT|ONS," ARTICLE il, "DISTRICT
REGULATIONS," AND ARTICLE IV, 'SUPPLEMENTARY DISTRICT
REGULATIONS," TO PROVIDE FOR THE EQUAL TREATMENT OF
RELIGIOUS INSTITUTIONS IN MULTIFAMILY, COMMERCIAL AND
INDUSTRIAL DISTRICTS, ALLOWING RELIGIOUS INSTITUTIONS AS
A MATTER OF RIGHT UP TO 199 OGCUPANCY, AS EITHER MAIN
PERMITTED OR ACCESSORY USES AS SET FORTH IN THE
RESPECTIVE ZONING DISTRICTS, AND REQUIRING CONDITIONAL
USE APPROVAL FOR SUCH USES WITH HIGHER OCCUPANCY,
PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND
AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach has a robust religious communily that
contributes to the City's high quality of life; and
WHEREAS, the City is fully supportive of and seeks to encourage religious
freedom; and
WHEREAS, the City seeks to strike a balance between the exercise of rights
guaranteed by the United States and Florida constitutions, and the impact of such
exercise on nearby uses; and
WHEREAS, the federal Religious Land Use and lnstitutionalized Persons Act
requires the equal treatment of assembly uses under the City's Land Development
Regulations ("LDRs"); and
WHEREAS, certaln assembly uses up to certain occupancies in the LDRs are
able to become established without the necessity of a public hearing, such as
restaurants and entertainment establishments, up to 199 occupancy; and
WHEREAS, such assembly uses over such occupancies require condltional use
approval; and
WHEREAS, it is necessary to amend the LDRs so that religious institutions
receive the same treatment and can be established as a matter of right with occupancies
up to 199, and over that require conditional use approval; and
WHEREAS, these amendments are necessary for the public health, safety and
welfare.
467
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CIry
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 142, "Zoning Districts And Regulations," Article ll, "District
Regulations," and Article lV, "Supplementary District Regulations," are hereby amended
as follows:
Sec. 142-152. Main permitted uses.
The main permitted uses in the RM-1 residential multifamily, low density district are
single-family detached dwelling, townhomes; apartments; hotels, for properties fronting
Harding Avenue or Collins Avenue, from the City Line on the north, to 73rd Street on the
south; and bed and breakfast inn (pursuant to a(icle V, division 7 of this chapter).
Sec. 142-153. Conditional uses.
The conditional uses in the RM-1 residential multifamily, low density district are adult
congregate living facility; day care facility; nursing home; g!49!3!ry religious
institutions, private and public institutions; schools; and commercial or noncommercial
parking lots and garages.
Sec. 142-212. Main permitted uses.
The main permitted uses in the RM-2 residential multifamily, medium intensity district are
single-family detached dwellings; townhomes; apartments; apartment-hotels; and hotels.
Sec. 142-213. Conditional uses.
Conditional uses in the RM-2 residential multifamily, medium intensity district are adult
congregate living facility; day care facility; nursing home, stand-alone religious
institutions; private and public institutions; schools; commercial or noncommercial
parking lots and garages; and accessory neighborhood impact establishment, as set
forth in article V, division 6 of this chapter.
Sec. 142-242. Main permitted uses.
The maln permitted uses in the RM-3 residential multifamily, high intensity district are
single-family detached dwelling; townhomes; apartments, apartment-hotels; and hotels.
Sec. 142-243. Conditional uses.
The conditional uses in the RM-3 residential multifamily, high intensity district are adult
congregate living facility; day care facility; nursing home; stand-alone religious
institutions; private and public institutions; schools; commercial or noncommercial
parking lots and garages, accessory outdoor entertainment establishment; accessory
neighborhood impact establishment, and accessory open air entertainment
establishment as set forth in article V, division 6 of this chapter.
468
Sec. 142-272. Main permitted uses.
The main permitted uses in the CD-1 commercial, low intensity district are commercial
uses; apartments; bed and breakfast inn (pursuant to section 142-1401): reliqious
institutions with an occupancv of 199 persons or less, and uses that serve alcoholic
beverages as listed in article V, division 4 of this chapter, pertaining to alcoholic
beverages.
Sec. 142-273. Conditlonal uses.
The conditional uses In the CD-1 commercial, low intensity district are adult congregate
living facilities; nursing homes; religious institutions with an occupancv oreater lhan 199
persons; public and private institutions; schools; day care facility; pawnshops; video
game arcades; warehouses; any use selling gasoline, new construction of structures
50,000 square feet and over (even when divided by a distrlct boundary line), which
review shall be the first step in the process before the review by any of the other land
development boards; neighborhood impact establishment; and storage and/or parking of
commercial vehicles on a site other than the site at which the associated commerce,
trade or business is located. See section 142-1103.
Sec. 142-302. Main permitted uses.
The main permitted uses in the CD-2 commercial, medium intensity district are
commercial uses; apartments; apartmenVhotels; hotels; reliqious institutions with an
occupancv of 199 oersons or less and uses that serve alcoholic beverages as listed in
article V, division 4 of this chapter (alcoholic beverages).
Sec. 142-303. Conditional uses.
The conditional uses in the CD-2 commercial, medium intensity district are adult
congregate living facilities, funeral home; nursing homes; religious institutions with an
occupancv qreater than 199 oersons; pawnshops; video game arcades; public and
private institutions; schools; any use selling gasoline; new construction of structures
50,000 square feet and over (even when divided by a district boundary line), which
review shall be the first step in the process before the review by any of the other land
development boards; outdoor entertainment establlshment; neighborhood impact
establishment; open air entertainment establishment; and storage and/or parking of
commercial vehicles on a site other than the site at which the associated commerce,
trade or business is located. See section 142-1103.
Sec. 142-332. Main permitted uses.
The main permitted uses in the CD-3 commercial, high intensity district are commercial
uses; apartments; apartmenUhotels; hotels, and reliqious institutions with an occupancv
of 199 oersons or less. Oceanfront properties in the architectural district shall not be
permitted to have new retall and/or office areas totaling more than 250 square feet
unless the building is rehabilitated according to the South Florida Buildlng 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 lnterior Standards for Rehabilitation and
469
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,
apartmenUhotels 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.
Sec. 142-333. Conditional uses.
The conditional uses in the CD-3 commercial, high intensity district are adult living
congregate facillties; new construction of structures 50,000 square feet and over (even
when divided by a district boundary line), which review shall be the first step in the
process before the review by any of the other land development boards; outdoor
entertainment establishment, neighborhood impact establishment, open air
entertainment establishment, nursing homes; religious institutions wlth an occupancv
qreater than 199 persons; video game arcades, public and private institutions; schools
and major cultural dormitory facilities as specified in section 142-1332; and storage
and/or parking of commercial vehicles on a site other than the site at which the
associated commerce, trade or business is located, except such storage and/or parking
of commercial vehicles shall not be permitted on lots with frontage on Lincoln Road,
Collins Avenue, 41st Street and 71st Street. See subsection 142-1103(c). When located
on that porlion of Lincoln Road that is closed to traffic, these uses shall comply with
section 142-335.
Sec.142-482. Main permitted uses.
The main permitted uses in the l-1 urban light industrial dlstrict are those uses that are
consistent with the district purpose including the following:(1) Assembly or packaging of goods including food and beverage products, small
electronics, watches, jewelry, clocks, musical instruments, and products from
previously prepared materials (cloth, leather, canvas, rubber, etc.),(2) Light manufacturing, including: ceramic products, glass products, hand tools, and
electronic equipment;
Professional, business, research or administrative offices, either as a main
permitted use or as part of a permitted industrial use;
Printing, engraving, lithographing, and publishing;
Wholesale businesses and sales, warehouses, mlni and other storage buildings,
and distribution facilities, except those storing or distributing flammable or
explosive materials;
Automobile service stations, lncludlng car wash, auto repair, and towing services,
Machine shop, welding shop, furniture, cabinet and wood working shops, glass
blowing shop;(8) Plumbing, electrical, and other similar type shops, which may wholesale and
store parts on site;(9) Tailoring services, including dry cleaning;
(3)
(4)
(5)
(6)
(7)
470
(10) Main use parking garages and parking lots;
(1 1) Utilities;
(12) Landscaping services, including nursery facilities;
(13) Commercial uses that provlde support services to the light industrial uses and to
the adjacent RM-3 residents, including retail sales, photocopying, coffee shop,
standard restaurant, video rental, bank;
(14) Marine-relateduses;(15) Reliqious institutions with an occupancv of 199 oersons or less:
and({€) fl_Q)-Any use similar and compatible to the uses described in this district and the
district purpose as determined by the planning director.
Sec. 142483. Conditional uses.
The conditional uses in the l-1 urban light industrial district are any use that includes the
retail sale of gasoline; new construction of structures, as defined in section 114-1, of
50,000 square feet and over, which review shall be the first step in the process before
the review by any of the other land development boards; recycllng receiving stations;
outdoor entertainment establishment; neighborhood impact establishment; open air
entertainment establishment; reliqious institutions with an occupancy qreater than 199
persons.
Sec. 142-541 . Main permitted uses.
The main permitted uses in the MXE mixed use ente(ainment district are apartments;
apartment-hotels; hotels; commercial development as specified in section 142-546. and
reliqious institutions with an occuoancv of 199 persons or less.
Sec. 142-542. Conditional uses.
The conditional uses in the MXE mixed use entertainment district are major cultural
dormitory facilities as specified in section 142-1332; public and private cultural
institutions open to the public; reliqious institutions with an occupancv qreaterthan 199
persons banquet facilities; new construction of structures 50,000 square feet and over
(even when divided by a district boundary line), which review shall be the first step in the
process before the review by any of the other land development boards; outdoor
entertainment establishment; neighborhood impact establishment; and open air
enteftainment establishment. For purposes of this section, banquet facilities shall be
deflned as an establishment that provides catering and entertainment to private parties
on the premises and are not otherwise accessory to another main use.
Sec. 142-572. Main permitted uses.
The main permitted uses in the RO residential/office district are single-family dwelling;
apartments; and offices.
Sec. 142-573. Conditional uses.
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Reliqious institutions with an occupancv of 199 persons or less There are ne eenditienal
.
Sec. 142-586. Main permitted uses.
The main permitted uses in the RO-2 residential/office low intensity district are single-
family dwellings; and offices-ggpl reliqious institutions with an occuoancv of 199 oersons
or less.
Sec. 142-587. Conditional uses.
Conditional uses in the RO-2 residential/office low intensity district are adult congregate
living facility; day care facility; religious institutions with an occupancv oreaterthan 199
persons; private and public institutions.
Sec. '142-593. Main permitted uses.
The main permitted uses in the RO-3 residential/office medium intensity district are
single-family dwelling; apartments; and offices. and reliqious institutions with an
occupancy of 199 oersons or less.
Sec. 142-594. Conditional uses.
Conditional uses in the RO-3 residential/office medium Intensity district are adult
congregate living facility; day care facility; nursing home; religious institutions with an
occupancv greaterthan 199 persons; private and public institutions; schools.
Sec. 142-693. Permitted uses.(a) The following uses are permitted in the performance standard districtg:
(table omitted).(b) For purposes of this section, a car wash, filling station and any use that sells
gasoline, automobiles or automotive or related repair uses are considered as
industrial uses and are not permitted in the redevelopment area.(c) For purposes of this section, pawnshops and dance halls and entertainment
establishments are not permitted as a main permitted or accessory use south of
Fifth Street; however, in the C-PS3 and C-PS4 districts dance halls and
entertainment establishments shall be permitted as an accessory use within a
hotel of 250 rooms or more with access to the dance hall or entertainment
establishment only from the interior lobby and not from the street.(d) ln the R-PS1, 2, 3 and 4 districts, the number of seats for accessory restaurants
or bars that serve alcohol shall be limited to a maximum ol 1.25 seats per hotel
or apartment unit for the entire site. The patron occupant load, as determined by
the planning director or designee, for all accessory restaurants and bars that
serve alcohol on the entire site shall not exceed 1.5 persons per hotel and/or
apartment unit. For a hotel or apartment property of 20 unlts or more, but less
472
than 32 units, the restaurant or bar may have a maximum of 40 seats in the
aggregate on the site. The number of units shall be those that result after any
renovation.(e) Commercial and noncommercial parking lots and garages shall be considered as
a conditional use in the R-PS1, 2, 3 and 4 districts.(0 Video game arcades shall be considered as a conditional use in the C-PS1, C-
PS2, C-PS3, and C-PS4 districts.
G) New construction of structures 50,000 square feet and over in the C-PS1, 2 3,
and 4 districts (even when divided by a district boundary line) shall be considered
as a conditional use, which review shall be the first step in the process before the
review by any of the other land development boards.(h) Reliqious institutions in R-PS1-4 and C-PS1-4 districts shall be oermitted as a
matter of rioht up to 199 occupancv. and over that occupancv shall be a
conditional use.
Sec. 142-902. Permitted accessory uses.
The following are permitted accessory uses:
(1) a. Hotels not located in the RM-1 or RM-2 district are permitted to have any
accessory use that is customarily associated with the operation of a hotel or apartment
building.
b. Hotels located in the RM-2 district are permitted to have any accessory use that is
customarily associated with the operation of a hotel or apartment building, except for
dance halls, entertainment establishments, neighborhood impact establishments,
outdoor entertainment establishments or open air entertainment establishments.
c. Where permitted, hotels located in the RM-1 district may have accessory uses based
upon the below criteria:
1. A dining room operated solely for registered hotel visitors and their guests,
located inside the building and not vislble from the street, with no exterior signs,
entrances or exits except as required by the South Florida Building Code.
2. Other accessory uses customarily associated with the operation of an
apartment building, as referenced in subsection 142-902(2), for the use of registered
hotel visitors and their guests only.
d. Hotels located in the RM-1 .2 or 3 districts are permitted to have reliqious
institutions as a matter of riqht up to 199 occupancv, and over that occupancv
shall be a conditional use.
(2) Apartment buildings may have accessory uses based upon the below criteria:
473
a.
b.
Mechanical support equipment and administrative offices and uses that maintain
the operation of the building.
Washers and dryers shall be located inside a structure or not visible from a right-
of-way.
A dlning room which is operated solely for the residents in the building shall be
located inside the building and shall not be visible from the street with no exterior
signs, entrances or exits except for those required by the South Florida Building
Code. However, a dining room shall not be allowed in the RM-1 district except for
those dining rooms associated with adult congregate living facilities.
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
automatic teller machine shall be permitted on the exterior walls of buildings,
when assoclated with an accessory commercial use allowed under subsectlon
142-9O2(2)e., except in historic districts. The exact location and manner of
placement for automatic teller machines shall be subject to design review
approval.
Buildings in the RM-3 and R-PS4 districts may have commercial, office, eating
or drinking uses with access to the street if they are either located in the ground
floor space, subterranean level or in the highest floor of a building; however,
office space, when located on the ground floor, shall be at least 50 feet from the
front property line.
Solarium, sauna, exercise studio, health club or massage service for use by
residents or open to the public by an individual licensed by the state or other
appropriate agencies.
Any accessory commercial use as permitted herein shall be located on the lobby
orfirstfloor if there are no apartment units on such levels. This provision shall not
apply to home based business offices as provided for in section 142-1411
Family day care centers as defined in subsection 142-905(b)(1).
One property management office for the purpose of managing residential units
within the building as well as residential units located in other buildings under
common beneficial ownership, as long as the total number of units does not
exceed a maximum of 100 units.
Buildings in the RM-2 district in the area bounded by lndian Creek Drive, Collins
Avenue,4lst Street and 44th Street that face the RM-3 district may have
restaurant, coffee house, sundry shops, or food market uses located in ground
floor space not to exceed 7Oo/o of the ground floor. These uses may have direct
d.
e.
f.
s.
h.
474
access to the street. Dance halls, entertainment establishments, neighborhood
impact establishments, outdoor entertainment establishments, or open air
entertainment establishments are not permitted. Outdoor music (including
background muslc) is prohibited. Any outdoor uses on lndian Creek Drive shall
be limited to no later than 11:00 p.m. Parking requirements for accessory
commercial uses In newly constructed buildings must be satisfied by providing
the required parking spaces, and may not be satisfied by paying a fee in lieu of
providing parking. There shall be no variances from these provisions.
k. Apartment buildinqs located in the RM-1. 2 or 3 districts are permitted to have
relioious institutions as a matter of riqht up to 199 occupancv. and over that
occupancv shall be a conditional use.
(3) An apartment hotel located on an oceanfront or bayfront lot shall be permitted to
have any accessory use that is commonly associated with a hotel if the use meets the
below criteria and those listed in section 142-901
a. Seventy-five percent of the total units shall be hotel rooms or the building shall
contain at least 100 hotel rooms.
f.
The registration desk shall be staffed 24 hours per day.
Open key and mail compartments for the hotel units.
Central telephone switchboard directly connected to the hotel units.
The hotel units shall have independent electrical and water meters from the
apartment units.
The applicant shall provide the city with a listing of the hotel units prior to the
issuance of an occupational license.
Office, retail and commercial uses shall be permitted to have the following
accessory uses:
Storage of supplies or merchandise normally carried in stock in connection with
a permitted use.
Accessory off-street parking and loading spaces, subject to applicable district
regulations.
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 and at a single
location in full view of the station attendant; the exact location and manner of
b.
d.
e.
(4)
a.
b.
c.
475
placement shall be subject to design review approval. Automatic 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.
l. Buildinqs with offlce, retall and commercial uses are permitted to contain
reliqious institutions as a matter of riqht uo to 199 occupancv, and over that
occupancv shall be a conditional use.
(5) lndustrial accessory uses shall be limited to the following:
a. Storage of goods used in, or produced by, permitted industrial uses or related
activities.
b. Accessory off-street parking and loading spaces.
Sec. 142-902. Permitted accessory uses.
The following are permitted accessory uses.(1) a. Hotels not located in the RM-1 or RM-2 district are permitted to have any
accessory use that is customarily associated with the operation of a hotel
or apartment building.
b. Hotels located in the RM-2 district are permitted to have any accessory
use that is customarily associated with the operation of a hotel or
apartment building, except for dance halls, entertainment establishments,
neighborhood impact establishments, outdoor entertainment
establishments or open air ente(ainment establishments.c. Where permitted, hotels located in the RM-1 district may have accessory
uses based upon the below criteria:1. A dining room operated solely for registered hotel visitors and their
guests, located inside the building and not visible from the street,
with no exterior signs, entrances or exits except as required by the
South Florida Buildlng Code.2. Other accessory uses customarily associated with the operation of
an apartment building, as referenced in subsection 142-902(2),for
the use of registered hotel visitors and their guests only.(2) Apartment buildings may have accessory uses based upon the below criteria:a. Mechanical support equipment and administrative offices and uses that
maintain the operation of the building.
b. Washers and dryers shall be located inside a structure or not visible from
a right-of-way.
c. A dining room which is operated solely for the residents in the building
shall be located inside the building and shall not be visible from the street
with no exterior signs, entrances or exits except for those required by the
South Florida Building Code. However, a dining room shall not be allowed
in the RM-1 district except for those dining rooms associated with adult
congregate living facilities.
10
476
(3)
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 automatic teller machine shall be
permitted on the exterior walls of buildings, when associated with an
accessory commercial use allowed under subsection M2-902(2)e.,
except in hlstoric districts. The exact location and manner of placement
for automatic teller machines shall be subject to design review approval.e. Buildings in the RM-3 and R-PS4 districts may have commercial, office,
eating or drinking uses with access to the street if they are either located
in the ground floor space, subterranean level or in the highest floor of a
building; however, office space, when located on the ground floor, shall
be at least 50 feet from the front property line.f. Solarium, sauna, exercise studio, health club or massage service for use
by residents or open to the public by an individual licensed by the state or
other appropriate agencies.
S. Any accessory commercial use as permltted herein shall be located on
the lobby or first floor if there are no apartment units on such levels. This
provision shall not apply to home based business offices as provided for
in section 142-1411.h. Family day care centers as defined in subsection 142-905(bX1).i. One property management office for the purpose of managing residential
units within the building as well as residential units located in other
buildings under common beneficial ownership, as long as the total
number of units does not exceed a maximum of 100 units.j. Buildings in the RM-2 district in the area bounded by lndian Creek Drive,
Collins Avenue, 41st Street and 44th Street that face the RM-3 district
may have restaurant, coffee house, sundry shops, or food market uses
located in ground floor space not to exceed 70o/o of the ground floor.
These uses may have direct access to the street. Dance halls,
entertainment establishments, neighborhood impact establishments,
outdoor entertainment establishments, or open air entertainment
establishments are not permitted. Outdoor music (including background
music) is prohibited. Any outdoor uses on lndian Creek Drive shall be
limited to no later than 11:00 p.m. Parking requirements for accessory
commercial uses in newly constructed buildings must be satisfied by
providing the requlred parking spaces, and may not be satisfied by paying
a fee in lieu of providing parking. There shall be no variances from these
provisions.
An apartment hotel located on an oceanfront or bayfront lot shall be permitted to
have any accessory use that is commonly associated with a hotel if the use
meets the below criteria and those listed in section 142-901.a. Seventy-five percent of the total units shall be hotel rooms or the bullding
shall contain at least 100 hotel rooms.b. The registration desk shall be staffed 24 hours per day.c. Open key and mail compartments for the hotel units.
11
477
d. Central telephone switchboard directly connected to the hotel units.e. The hotel units shall have independent electrical and water meters from
the apartment units.f. The applicant shall provide the city with a listing of the hotel units prior to
the issuance of an occupational license.(4) Office, retail and commercial uses shall be permitted to have the following
accessory uses:a. Storage of supplies or merchandise normally carried in stock in
connection with a permitted use.b. Accessory off-street parking and loading spaces, subject to applicable
district regulations.c. Publlc 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 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. Automatic 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.(5) lndustrial accessory uses shall be limited to the following:
a. Storage of goods used in, or produced by, permitted industrial uses or
related activities.b. Accessory off-street parking and loading spaces.
(Ord. No. 89-2665, S 6-21(B), eff. 10-1-89; Ord. No. 91-?767, etf.11-2-91: Ord. No. 98-
3109, S 2(6-218.2.9.),5-20-98; Ord. No.2000-3239, $ 1,4-12-00; Ord. No.2000-3246,
S 1,5-24-00;Ord. No.2003-3431, S 1, 11-25-03;Ord. No. 2004-3434, S 1, 1-14-04)
Editor's note: Ord. No. 2003-3434, S 1, adopted January 14,2004, enacted provisions
intended for use as subsection (2)i. lnasmuch as there are already provisions so
designated, and at the discretion of editor, said provisions have been redesignated as
subsection (2)j.
Section 5. Repealer.
All ordinances or parts of ordlnances and all sections and parts of sections in conflict
herewith be and the same are hereby repealed.
Section 6. Codification.
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 7. Severability.
lf any section, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
t2
478
Section 8. Effective Date.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of
ATTEST:
CITY CLERK
FirstReading: April23,2014
Second Reading: May 21,2014
Verified by:
Thomas Mooney, AICP
Planning Director
Underscore denotes new language.
S+i*e++eugh denotes deleted language.
T:\AGENDA\2014\May\Religous Uses RLUIPA - ORD 2nd Read.docx
,2014.
MAYdR
APPROVED AS TO
FORM AND LANGUAGE
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479
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lEtring wll be held by [lo M8yor snd City Comm issbrlors 0l ths Oty
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reE6srtsd ry an aoent, orlospress theiryifiE in wdino addr6ss6d
b fie City Commission, do frs City Clerk, 17m Convrntion Canlar
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no€d nd be fioYiled.
Pursrsrn b Strtion 286.0105, Fla. Sht.. thc City h€reby sdvis€s $E
public ttEt if I p€rEql dei(,6 b 4pcd ary decidm md6 by ths
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inlerproEs, illfumaton on el€s6 lor porsms with dsfr{itss
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in any City-sponsorrd procoodino, d€oss mntel us ,ive d8F in
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481
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