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ON of Miami
. _ . Legislation
Ordinance:
File Number: 4722
City Han
3500 Part Americans Drive
Miami, FL 33133
www-miamigov.com
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE
NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("MIAMI 21 CODE"), BY AMENDING ARTICLE 1, SECTION 1.1.,
TITLED "DEFINITIONS OF BUILDING FUNCTION: USES" AND BY AMENDING
ARTICLE 6, SECTION 6,1, TABLE 13, TITLED "SUPPLEMENTAL
REGULATIONS", TO PROVIDE FOR A DEFINITION OF GAMBLING FACILITIES
AND TO REQUIRE THAT GAMBLING USES, INCLUDING BUT NOT LIMITED TO
PARI-MUTUEL GAMBLING, CARD ROOMS, AND SLOT MACHINE USES, BE
APPROVED PURSUANT TO AN EXCEPTION WITH CITY COMMISSION
APPROVAL BY A FOUR-FIFTHS (415THS) AFFIRMATIVE VOTE; PROVIDING
FOR ZONING IN PROGRESS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
SPONSORS): Vice Chair Ken Russell, Commissioner Wifredo Gort
WHEREAS, over the past decade, the State of Florida ("State") has liberalized regulation
of gambling in Florida; and
WHEREAS, as recently as the last legislative session, multiple additional reforms were
considered that would further liberalize the regulation of gambling in the State; and
WHEREAS, Section 849.(}86(16), Florida Statutes, requires local government approval
by a majority vote prior to licensure by the State of any cardroom; and
WHEREAS, the City of Miami ("City") finds that gambling uses, without reasonable
regulations, have the potential to generate adverse impacts on the surrounding community; and
WHEREAS, the City, in promoting the health, safety, and welfare of the residents of the
City, finds that the City Commission has a compelling interest in protecting its residents from
such adverse impacts; and
WHEREAS, the City wishes to ensure that gambling uses properly comply with the letter
and spirit of the City's Comprehensive Neighborhood Plan ("MCNP") and Ordinance No. 13114,
the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and
WHEREAS, the City's Zoning Department has issued zoning verification letters gambling
uses may be considered "Entertainment Establishments" for Miami 21 Code's form based
purposes and the City Commission wishes to enact land development regulations to clarify such
uses: and
WHEREAS, given the significant potential for adverse impacts presented by gambling
that uses, the City Commission wishes to hereby put the public on notice that the rules
regulating Entertainment Establishments are under review, subject to change, and that no rights
to gambling uses within 'Entertainment Establishments will be vested during the review and
enactment of this Ordinance; and
City of Miami Page 1 of 5File ID: 4722 (Revision: 8) Printed On: 91IW2018
4722 Legislation -SUB
THIS DOCUMENT IS A SUBSTITUTION TO
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File ID: 4722 Enactment Number:
WHEREAS, the planning, Zoning and Appeals Board ("PZAB") at its meeting on
September 5, 2018, following an advertised public hearing, adopted Resolution No. PZAB-R-18-
044 by a vote of five to two (5 - 2), Item No. PZAB. 7, recommending denial of this ordinance;
and
WHEREAS, the City Commission has conducted a public hearing on the proposed
ordinance; and
WHEREAS, the City Commission has considered whether the proposed amendment will
further the goals, objectives, and policies of the MCNP, the Miami 21 Code, and other City
regulations; and
WHEREAS, the City Commission has considered the need and justification for the
proposed change, including changed or changing conditions that make the passage of the
proposed ordinance;
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
adapted and incorporated as if fully set forth in this Section.
Section 2. The Miami 21 Code is further amended by amending Article 1, Section 1.1 in
the following particulars:'
"ARTICLE 1. DEFINITIONS
1.1 DEFINITIONS OF BUILDING FUNCTION: USES (Article 4, Table 3)
74K*1*1AVkVAIzIIx;1* "T
Entertainment Establishment: A place of business serving the amusement and
recreational needs of the community. Such facilities may include, but are not limited to:
cinemas, billiard parlors, teen clubs, dance halls, of video arcades_ Uses specifically not
included: Entertainment Establishment, aAdult and Gambling Facilities or other_ facilities
re ufated by Chapters 550 and 551 and Section 849.086, Florida Statutes. as each may
be amended from time to time
Gambling Facilities: Any facility that offers gambling including but not limited to facilities
regulated by Chapters 550 and 551 and Section 849.086 Florida Statutes as each ma
be amended from time to time."
' Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The retraining provisions are now in effect and remain unchanged. Asterisks indicate omitted
and unchanged material.
City of Miami Page 2 of 5 File 1D: 4722 (Revision: B) Printed on., 911912018
THIS DOCUMENT IS A SUBSTITUTION TO
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File ID: 4722 Enartmant NumhPr-
Section 3. The Miami 21 Code is further amended by amending Article 6, Section 6.1,
Table 13 in the following particulars:'
"ARTICLE 6. SUPPLEMENTAL REGULATIONS
TABLE 13
ARTICLE 6. TABLE 13 SUPPLEMENTAL REGULATIONS CONTINUED
T6 - URBAN CORE ZONE
•
DENSITY
arnb(ing facilities are allowed b
{UPA)
150 UNITS PER ACRE
150 UNITS PER ACRE'
150 —1,000 UNITS PER ACRE'
GAMBLING
FACILITIES
arnb(ing facilities are allowed b
Exce tion with Cit Commission
roval by 415ths vote. The 415ths
ate re ufred by this section maV not
,reduced or waived by S eciaf
"ea Plan.
x
ARTICLE 6. TABLE 13 SUPPLEMENTAL REGULATIONS CONTINUED
D - DISTRICT
!1 — WORK PLACE A2 - INDUSTRIALWATERFRONT INDUSTRIAL
DENSITY
(UPA)
36 UNITES PER ACRE
NIA
NIA
AMBLING
ACILITIES
City of Miami
aawwe
mmissi
Page 3 of 5 File ID: 4722 fRevision: 8) Printed an: 911912018
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File IQ: 4T22 Enactment HcrmnvF-
ri M
Section 4. Notwithstanding the above, pari-mutuel facilities existing as of June 23, 1981
shall be considered legal nonconforming uses and legal nonconforming structures. In
accordance with Section 550.155(2), Florida Statutes, such pari-mutuel facilities shall also be
exempt from the requirement of obtaining an Exception with City Commission approval when
seeking City approval for any capital improvements to the existing pari-mutuel facility unless the
City is able to show that the proposed improvement presents a justifiable and immediate hazard
to the health and safety of the City's residents.
Section 5. From and after September 13, 2018, through the effective date of the
Ordinance and any prior versions thereof, has and will serve as notice to all persons that the
laws regulating the approval and operation of Entertainment Establishments, including
specifically gambling uses, may be amended, revised, or terminated. Notice is also given that all
persons proceed at their own risk and no vested rights of any type shall attach to any
development approvals or development permits sought or obtained during the entirety of the
adoption process.
Section 6. 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 7. It is the intention of the City Commission that the provisions of this
Ordinance shall become and be made a part of the Zoning Ordinance of the City of Miami,
Florida, 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.
Section 8. This Ordinance shall become effective immediately upon its adoption.'
2 This Ordinance shall became effective as specified herein uniess 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
herein, whichever is later.
City of Miami Page 4 of 5 File ID., 4722 (Revision: 8) Primed can: 9/19/2018
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT
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File ID; 4722 Enactment Number•
APPROVED AS TO FORM AND CORRECTNESS:
21 r
rl, dez, ity tt4r ey 911912018
City of Miami Page 5 of 5 File fD: 4722 (Revision: B) Printed on: 911912018
SUBSTITUTED
yAS'.
�TY Ofi �`P
1�>
City of Miami
Legislation
%iF R`9r
Ordinance
Enactment Number
File Number: 4722
City Hall
3500 Pan Ameican C
Miami, FL 33133
www.miamigov.co
Final ActioA Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINAN NO.
13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS MENDED
("MIAMI 21 CODE"), BY AMENDING ARTICLE 1, SECTION 1.1., TITLED " EFINITIONS
OF BUILDING FUNCTION: USES" AND BY AMENDING ARTICLE 6, S TION 6.1,
TABLE 13, TITLED "SUPPLEMENTAL REGULATIONS", TO PROVID OR A
DEFINITION OF GAMBLING FACILITIES AND TO REQUIRE THAT AMBLING USES,
INCLUDING BUT NOT LIMITED TO PARI-MUTUEL GAMBLING, RD ROOMS, AND
SLOT MACHINE USES, BE APPROVED PURSUANT TO
AN
EPTION WITH CITY
COMMISSION APPROVAL BY A FOUR-FIFTHS (4/5THS/AFMATIVE VOTE;
PROVIDING FOR ZONING IN PROGRESS; CONTAININGERABILITY CLAUSE;
AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DAT
WHEREAS, over the past decade, the State ofFI ida ("State") has liberalized regulation
of gambling in Florida; and
WHEREAS, as recently as the last legislatiy46 session, multiple additional reforms were
considered that would further liberalize the regulg6on of gambling in the State; and
WHEREAS, Section 849.086(16), Flo da Statutes, requires local government approval
by a majority vote prior to licensure by the ate of any cardroom; and
WHEREAS, the City of Miam/ratet
dv")findsthat gambling uses, without reasonable
regulations, have the potential to geaerse impacts on the surrounding community; and
WHEREAS, the City, in pp6moting the health, safety, and welfare of the residents of the
City, finds that the City Co mr, ion has a compelling interest in protecting its residents from
such adverse impacts; and
WHEREAS, t/hey wishes to ensure that future gambling uses do not impair the
ongoing process and lective efforts of many sectors of our community to revitalize the City's
neighborhoods and i prove the quality of life in our community; and
WHERE , the City wishes to ensure that future gambling uses properly comply with
the letter and irit of the City's Comprehensive Neighborhood Plan ("MCNP") and Ordinance
No. 13114, t Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code");
and
HEREAS, the City's Zoning Administrator has liberally opined that gambling uses are
con ' ered "Entertainment Establishments" for the Miami 21 Code's purposes and the City
C mission now wishes to clarify that interpretation of the Miami 21 Code; and
I.
WHEREAS, given the significant potential for adverse impacts presented by gambling
uses, the City Commission wishes to hereby put the public on notice that the rules regulating
Entertainment Establishments are under review, subject to change, and that no rights to
City of Miami File ID: 4722 (Revision: A) Printed On: 9/18/2018
SUBSTITUTED
gambling uses within Entertainment Establishments will be vested during the review and
enactment of this Ordinance; and
WHEREAS, the -Planning, Zoning and Appeals Board ("PZAB") at its meeting on
September 5, 2018, following an advertised public hearing, adopted Resolution No. PZAE
044 by a vote of five to two (5 - 2), Item No. PZAB. 7, recommending denial of the Zoning
Change as stated herein; and A
WHEREAS, the City Commission has conducted a public hearing on the pr ed
Zoning Text Change as stated herein; and �
WHEREAS, the City Commission has considered whether the propose mend ment will
further the goals, objectives, and policies of the MCNP, the Miami 21 Code, d other City
regulations; and
WHEREAS, the City Commission has considered the need and ' stification for the
proposed change, including changed or changing conditions that ma the passage of the
proposed Zoning Text Change necessary;
NOW, THEREFORE, BE IT ORDAINED BY THE COM SSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in a Preamble to this Ordinance are
adopted and incorporated as if fully set forth in this Sec n.
Section 2. The Miami 21 Code is/FUNCTION:
nded by amending Article'1, Section 1.1 in
the following particulars:'
"ARTICLEIONS
1.1 DEFINITIONS OF BUILDI USES (Article 4, Table 3)
d. COMMERCIAL
Entertainment Establish nt: A place of business serving the amusement rand
recreational needs of tX community. Such facilities may include, but are not limited to:
cinemas, billiard part s, teen clubs, dance halls, GF video arcades. Uses specifically not
included: Entertainyfient Establishment, aAdult and Gambling Facilities or other facilities
Facilities: Anv facility that offers aamblina includina. but not lim
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 File ID: 4722 (Revision: A) Printed On: 9/18/2018
SUBSTITUTED
Section 3. The Miami 21 Code is further amended by amending Article 6, Section 6.1,
Table 13 in the following particulars:'
"ARTICLE 6. SUPPLEMENTAL REGULATIONS
* * * *
TABLE 13
* * * *
DENSITY
ambling facilities are allowed b
(UPA)
150 UNITS PER ACRE
150 UNITS PECRE*
150 —1,000 UNITS PER ACRE*
FA
GAMBLING
FACILITIES
ambling facilities are allowed b
ce tion with Cit Commission
roval b 4/5ths vote. The 4/5ths
te re uired b this section ma not
reduced or waived b S ecial
Plan.
6. TABLE 13 SUPPLEMENT
ULAT
D - DISTRICT
DENSITY
(UPA)
6 UNITES PER ACRE
N/A
/A
FIA
amblina facilities are allowed b
xce tion with City Commission
roval by 4/5ths vote. The 4/5ths
ote required bv this section may
GAMBLING of be reduced or waived by Special
FACILITIES rea Plan.
City of Miami File ID: 4722. (Revision: A) Printed On: 9/18/2018
SUBSTITUTED
Section 4. Notwithstanding the above, pari-mutuel facilities existing as of Jun 3, 1981
shall be considered legal nonconforming uses and legal nonconforming structures.
accordance with Section 550.155(2), Florida Statutes, such pari-mutuel facilities all also be
exempt from the requirement of obtaining an Exception with City Commission a roval when
seeking City approval for any capital improvements to the existing pari-mutue acility unless the
City is able to show that the proposed improvement presents a justifiable a immediate hazard
to the health and safety of the City's residents.
Section 5. From and after July 26, 2018, through the effective ate of the Ordinance and
any prior versions thereof, has and will serve as notice to all person that the laws regulating the
approval and operation of Entertainment Establishments, includin specifically gambling uses,
may be amended, revised, or terminated. Notice is also given t t all persons proceed at their
own risk and no vested rights of any type shall attach to any velopment approvals or
development permits sought or obtained during the entirety the adoption process.
Section 6. If any section, part of a section, para aph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisio of this Ordinance shall not be affected.
Section 7. It is the intention of the City Co mission that the provisions of this
Ordinance shall become and be made a part of a Zoning Ordinance of the City of Miami,
Florida, which provisions may be renumbere part/
relettered and that the word "ordinance"
may be changed to "section", "article", or of r appropriate word to accomplish such
intention.
Section 8. This Ordinance shjM(f become effective immediately upon its adoption.z
APPROVED AS TO FORM ANWCORRECTNESS:
OfThis Ordinance shall become effective as specified herein 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
herein, whichever is later.
City of Miami File ID: 4722 (Revision: A) Printed On: 9/18/2018