HomeMy WebLinkAboutO-14048City of Miami
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Legislation
Ordinance: 14048
File Number: 9429
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 2/10/2022
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY FURTHER AMENDING ARTICLE 1, TITLED
"DEFINITIONS," AND ARTICLE 6, TITLED "SUPPLEMENTAL REGULATIONS,"
TO PROHIBIT GAMBLING FACILITIES; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
SPONSOR(S): Commissioner Ken Russell
WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114
as the Zoning Ordinance of the City of Miami, Florida ("Miami 21 Code"); and
WHEREAS, the Planning, Zoning and Appeals Board (TZAB"), at its meeting on July
21, 2021, following an advertised public hearing, adopted Resolution No. PZAB-R-21-029 by a
vote of six to three (6-3), Item No. PZAB. 2, recommending approval of the Zoning Text Change
as stated herein; and
WHEREAS, the City Commission has conducted a duly noticed public hearing on the
Zoning Text Change as stated herein; and
WHEREAS, the City Commission has considered whether the Zoning Text Change as
stated herein will further the goals, objectives, and policies of the Miami Comprehensive
Neighborhood Plan, the Miami 21 Code, and other applicable City regulations; and
WHEREAS, the City Commission has considered the need and justification for the
Zoning Text Change as stated herein, including changed or changing conditions that make the
passage of the Zoning Text Change necessary;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and finding contained in the Preamble to this Ordinance are
adopted by reference and incorporated herein as if fully set forth in this Section.
Section 2. Article 1 of the Miami 21 Code is hereby amended in the following
particulars:'
"ARTICLE 1. DEFINITIONS
' Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
City of Miami Page 1 of 4 File ID: 9429 (Revision:) Printed On: 212412022
File ID: 9429
Enactment Number: 14048
1.1 DEFINITIONS OF BUILDING FUNCTION: USES (Article 4, Table 3)
d. COMMERCIAL
Gambling Facilities: ARY faGilit„ that offers gambling innli 1dinn 19 1t not limited to
cash may ho ameapdea l from time to time Any facility that offers gambling, pari-mutuel,
or other wagering activities and uses including, but not limited to, facilities regulated by
Chapters 550 and 551 and Section 849.086, Florida Statutes, as each may be amended
from time to time. A facility is not a "Gambling Facility" if the only gambling, pari-mutuel,
or other wagering activities and uses it offers are online sports wagering, lotteries
administered by the State of Florida pursuant to Chapter 24, Florida Statutes, or charity
bingo games pursuant to Section 849.0931, Florida Statutes.
Section 3. Article 6 of the Miami 21 Code is hereby amended in the following
particulars:'
"ARTICLE 6. SUPPLEMENTAL REGULATIONS
6.1 INTENT AND EXCLUSIONS
TABLE 13
T6 — URBAN CORE ZONE
RESTRICTED I LIMITED I OPEN
TABLE 13
City of Miami Page 2 of 4 File ID: 9429 (Revision:) Printed on: 212412022
File ID: 9429
Enactment Number: 14048
D — DISTRICT
D1 —WORKPLACE
D2 — INDUSTRIAL
D3 — WATERFRONT
INDUSTRIAL
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6.6 GAMBLING FACILITIES
6.6.1 Prohibition on Gamblina Facilities
Gambling Facilities are prohibited in all transects except that "casino gambling' as
defined in Article X, Section 30(b) of the Florida Constitution may be authorized by a
60% vote in accordance with Article XI, Section 5(e) of the Florida Constitution.
6.6.2 Leaal Nonconformina Facilities
1. Existing Gambling Facilities may continue to operate as legal nonconforming uses
pursuant to Article 7, Section 7.2.6 of the Miami 21 Code.
2. For the Duraose of this Section. the summer iai alai fronton. cardroom. and snorts
wagering contemplated in that certain Settlement Agreement dated March, 2021 in
West FlaplerAssociates, Ltd., vs. City of Miami, Case No. 19-21670-CIV-
SCOLA/TORRES in the United States District Court for the Southern District of Florida
will be considered a legal nonconforming facility.
6.6.3 Amendments
Amendments to this Section 6.6 shall require a four -fifths (4/5ths) vote of the
Commission."
Section 4. If any section, part or a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 5. It is the intention of the City Commission that the provisions of this Ordinance
shall become and be made a part of the Miami 21 Code, which provisions may be renumbered
or relettered and that the word "Ordinance" may be changed to "Section," "Article," or other
appropriate word to accomplish such intention.
City of Miami Page 3 of 4 File ID: 9429 (Revision:) Printed on: 212412022
File ID: 9429
Enactment Number: 14048
Section 6. This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
1
i " 4naindez, ity ttor ey 8/25/2021
2 This Ordinance shall become effective as specified unless vetoed by the Mayor within ten (10) days
from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective
immediately upon override of the veto by the City Commission or upon the effective date stated.
City of Miami Page 4 of 4 File ID: 9429 (Revision:) Printed on: 212412022