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City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
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| | | | | | | | | | Item 7.
COMMITTEE MEMORANDUM | | | |
| | | | | | | | TO: Land Use and Sustainability Committee
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| FROM: Rickelle Williams, Interim City Manager
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| DATE: May 1, 2024
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| | | | | | | | | TITLE: | REVIEW ZONING DISTRICTS WHERE ENTERTAINMENT (WHICH INCLUDES NIGHTCLUBS) IS A PERMITTED OR CONDITIONAL USE, AND CONSIDER AMENDING THE LAND DEVELOPMENT REGULATIONS TO LIST NIGHTCLUBS/ENTERTAINMENT AS A CONDITIONAL OR PROHIBITED USE IN SPECIFIED ZONING DISTRICTS |
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| | | | | | | | HISTORY:
| On April 3, 2024, at the request of Commissioner David Suarez, the Mayor and City Commission referred the item (C4 C) to the Land Use and Sustainability Committee (LUSC) and the Planning Board.
As noted in the attached referral memo, the item sponsor would like the LUSC to discuss and review the zoning districts where entertainment is allowed (either as a permitted or conditional use, as well as consider applicable amendments to the Land Development Regulations of the City Code (LDR’s) to list nightclubs/entertainment as a conditional or prohibited use in specified districts. Following the review and recommendation of the LUSC, a draft ordinance would be sent to the Planning Board.
Currently, entertainment and dance halls (which includes nightclubs) are listed as a permitted or conditional use, either stand-alone or as part of a restaurant, in the following zoning districts:
• CD-2 (Except for Sunset Harbor)
• CD-3 (Restaurants only on Lincoln Road)
• MXE
• RM-2 and RM-3 (Accessory Use Only)
• RM-1 (Site Specific – the International Inn in North Beach and the Woman’s Club in South Beach)
• TC-1, TC-2 and TC-C (North Beach)
The following areas that are eligible for entertainment and dance halls have a 2:00 a.m. alcohol sale termination time:
• Alton Road from 5th Street to Dade Boulevard.
• 41st Street.
Additionally, entertainment and dance halls are permitted in a venue serving alcohol, in accordance with the following:
• Fully enclosed, indoor venues, including bars, nightclubs and restaurants, are permitted as of right, if the occupational content is less than 200 persons.
• Fully enclosed, indoor venues, including bars, nightclubs and restaurants, require conditional use approval from the Planning Board, if the occupational content exceeds 200 persons.
• Outdoor or open-air venues, regardless of occupational content, require conditional use approval from the Planning Board.
The minimum distance separation between dance halls and entertainment establishments not also operating as restaurants with full kitchens and serving full meals is 300 feet; requests for a distance separation variance are permitted. However, for dance halls and entertainment establishments also operating as a restaurant, there is no distance separation requirement between such uses. Additionally, the Code has the following minimum standards for a restaurant associated with a dance hall or entertainment establishment:
For purposes of this section, "full kitchens" shall mean having commercial grade burners, ovens and refrigeration units of sufficient size and quantity to accommodate the occupancy content of the establishment. Full kitchens must contain grease trap interceptors, and meet all applicable city, county and state codes. |
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| | | | | | | | ANALYSIS:
| The following are some potential options for amending the areas of the City for which entertainment is a prohibited or conditional use:
RM-2 and RM-3 Districts:
• Outdoor entertainment would be prohibited.
• Indoor entertainment shall only be permitted as an accessory use to a hotel, if a hotel use is permitted, and only as part of a restaurant, in accordance with revised criteria for a supper club.
• Indoor entertainment, regardless of occupational content, would require conditional use approval.
• The occupational content for a venue with entertainment shall not exceed 300 persons.
All Commercial and MXE Districts:
• Outdoor entertainment would be prohibited within any venue that is less than 1500 feet from a residential zoning district.
• Indoor entertainment would only be permitted as part of a restaurant, in accordance with revised criteria for a supper club.
• Indoor entertainment, regardless of occupational content, would require conditional use approval.
If there is consensus on the above, or other options, a draft ordinance can be sent to the Planning Board.
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| | | | | | | | CONCLUSION:
| | The Administration recommends that the Land Use and Sustainability Committee discuss the item and provide a recommendation to the Planning Board and City Commission. |
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| | | | | | | | | Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? | | Does this item utilize G.O. Bond Funds? | | | Yes | | No | |
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| ATTACHMENTS: | | Description | Type |  | REF C4C | Memo |
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