HomeMy WebLinkAboutAdult entertainment- PAB_07.16.08LEGISTAR FILE ID: 08-00837zt
PLANNING FACT SHEET
July 16, 2008 Item # P.3
APPLICANT Legal Department of the City of Miami
REQUEST/LOCATION Amendment to Article 9 of Zoning Ordinance 11000, as
amended.
LEGAL DESCRIPTION See supporting documentation
PETITION
An Ordinance of the Miami City Commission, amending
Ordinance No. 11000, as amended, the Zoning Ordinance
of the City of Miami, Florida, in order to amend Article 9
entitled "General and supplementary regulations" most
specifically, Section 937 entitled "Adult entertainment or
adult services" in order to allow for legislative intent
language and specific criteria; containing a repealer
provision, a severability clause, and providing for an
effective date.
PLANNING RECOMMENDATION APPROVAL
BACKGROUND AND ANALYSIS
The proposed amendment is for the purpose of adding
specific legislative intent language and criteria to "Adult
entertainment or adult services".
PLANNING ADVISORY BOARD VOTE:
CITY COMMISSION
CITY OF MIAMI • PLANNING DEPARTMENT
444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130
PHONE (305) 416-1500
Date Printed: 7/8/2008 Page 1
City of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 08-00837zt Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ZONING
ORDINANCE 11000, ARTICLE 9. ENTITLED "GENERAL AND SUPPLEMENTARY
REGULATIONS" MORE SPECIFICALLY, SECTION 937, ENTITLED "ADULT
ENTERTAINMENT OR ADULT SERVICES" IN ORDER TO ALLOW FOR
LEGISLATIVE INTENT LANGUAGE AND SPECIFIC CRITERIA; CONTAINING A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
Whereas, the Miami Planning Advisory Board, at its meeting of July 16, 2008, Item No. P.3,
following an advertised hearing, adopted Resolution No. PAB --- by a vote of --- to --- (---),
recommending of amending Zoning Ordinance No. 11000 as hereinafter set
forth; and;
Whereas, it is the finding of this Commission that public nudity, semi -nudity, and public sexual
relations, under certain circumstances, particularly circumstances relating to the sale and consumption
of alcoholic beverages in nude bars or establishments offering nude entertainment, adult
entertainment, or erotic entertainment, begets criminal behavior and tends to create undesirable
community conditions;
Whereas, some behaviors identified with nudity and alcohol are criminal and include disorderly
conduct, prostitution, and drug trafficking and use;
Whereas, among the undesirable community conditions identified with establishments
promoting nudity, exploited sexual behavior, and alcohol are lowered property values in the
surrounding neighborhoods, increased expenditure for, and allocation of, law enforcement personnel
to preserve law and order, increased burden on the judicial system as a consequence of the criminal
behavior, and acceleration of community blight by the concentration of such establishments in
particular areas;
Whereas, the limiting, by location, of adult entertainment establishments licensed to sell alcohol
for consumption on the premises is in the public welfare and is a matter of governmental interest and
concern to prevent the occurrence of criminal behavior and undesirable community conditions normally
associated with these establishments;
Whereas, it is the intention of the City Commission to provide a definitive statement regarding
the regulation of adult entertainment and adult services in the City of Miami;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted and
incorporated as if fully set forth in this Section.
Section 2. Article 9, Section 937 of the Zoning Ordinance 11000 City of Miami, Florida, as
City of Miami
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File Number: 08-00837zt
amended, is amended in the following particulars :{1}
"ARTICLE 9. GENERAL AND SUPPLEMENTARY REGULATIONS
Sec. 937. Adult entertainment or adult services.
937.1. Legislative Intent.
It is intended to regulate adult entertainment or adult service establishments, as herein defined, to
minimize deleterious effects on the neighborhood. Such deleterious effects may include, but not be
limited to, depreciation of values of nearby and adjacent properties, deterioration in appearance of the
areas in which they are located, production of a skid row type of atmosphere, discouragement of
residential uses in the area, and creation of an erotically suggestive atmosphere on public ways used
by minors. Moreover, in the development and enforcement of this section acknowledges that these
uses are recognized as having serious objectionable characteristics, particularly when several of them
are concentrated in any given location and thereby have a deleterious effect on the adjacent business
and residential areas. It is necessary, therefore, to locate establishments with adult oriented activities
away from residential areas and public facilities that are used frequently by minors such as schools,
churches, parks, libraries, day care centers or nurseries.
937.2. Limitations on adult entertainment or adult service establishments.
No adult entertainment or adult service establishment shall be:
(a) Located within one thousand (1,000) feet of any residentially zoned property, school or public
park. The distance shall be measured from the front door of the proposed adult establishment to the
closest property line of the residentially zoned property, school or park. Where property in the City of
Miami borders upon property of another city or Dade County, the term "residentially zoned property"
shall be those zoning districts designated as residentially zoned by the terms of the zoning ordinance
of the external jurisdiction. Adult entertainment businesses shall be limited to industrial areas, by
special exception, subject to the criteria herein.
(b) Approved for a certificate of use only when the application therefore is accompanied by a survey
certified by a land surveyor registered in the State of Florida showing that the requirements of (a) from
above have been met.
937.3. Discontinuance or abandonment.
Once an adult entertainment or adult service establishment use is discontinued or abandoned, the use
shall not thereafter be resumed unless and until all of the requirements of this section 937 have been
met.
937.4. Variances prohibited.
No variances from the provisions of section 937 are permitted.
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File Number: 08-00837zt
*II
Section 3. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is
declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption
thereof.
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
Footnotes:
{1} 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.
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