CITY OF NORTH LAUDERDALE

COMMUNITY DEVELOPMENT DEPARTMENT

 

TO:                             Mayor and City Commission

 

FROM:                       Richard D. Sala, City Manager

 

BY:                              Sam Goren, City Attorney

                                    Tammy Reed-Holguin, Community Development Director

 

DATE:                        February 13, 2007

 

SUBJECT:                 Second Reading and Adoption:

Amendment to Master Business List - Chapter 106 “Zoning” Of  City’s Code Of Ordinances

 

APPLICANT: City Of North Lauderdale

 

Update:

During the June 28, 2006 City Commission meeting, the Commission approved on first reading an Ordinance amending the City’s Master Business List to delete uses that may hinder with City’s redevelopment efforts.  Since that time, further study and analysis has been conducted and the Administration is presenting a revised Ordinance for second reading and adoption tonight that further defines business types and revises the Master Business List. The first reading of the attached ordinance was approved on January 30th, 2007.

 

Background:

As we begin to undertake the City’s redevelopment initiatives city-wide, we are in the process of developing incentives and streamlining processes for projects that support the redevelopment efforts while identifying portions of the City Code that may hinder the attraction of desired types of establishments. Chapter 106 of the City Code, Zoning, states that the rules within that chapter have been put into place for the purpose of;

 

“ promoting public health, safety, morals, convenience, comfort, amenities, prosperity, and general welfare of the community and for the purpose of promoting a wholesome, serviceable and aesthetically pleasing municipality by having zoning and general land use regulations and restrictions that increase the safety and security of home life; that preserve and create a more favorable environment in which to rear children; that develop permanent good citizenship; that stabilize and enhance property and civic values,… and that provide reasonable and serviceable means and methods of protecting and safeguarding the economic structure upon which the good of all depends.”

(Ord. No. 83-2-497, art. 1, § 1, 2-24-83)

 

The City of North Lauderdale is predominantly a residential community that strives to attract and retain families.  A wholesome environment is promoted through the provision of recreational and cultural opportunities, pedestrian-friendly developments, aesthetically pleasing architecture and a wide-array of special events.  The City also encourages the attraction of businesses that cater to a wide range of families and provide an entertainment and commerce atmosphere conducive to promoting family values and providing products and services desired by the whole family as a unit.  The successful redevelopment of existing commercial areas and the development of new commercial centers such as “The Commons at North Lauderdale” hinges on the attraction and retention of viable and desirable businesses.  Similar to the steps that the City took to insure that the correct tenant mix is established in its new Town Center by prohibiting certain uses, the City is also desirous of extending these efforts to all commercial areas within the City.

 

An evaluation of the Master Business List within the Zoning chapter revealed that there are some types of permitted business uses that conflict with the intent of the Code and redevelopment efforts of the City.  Based on past experience, these businesses are more likely to create environments conducive to excessive noise, crime, illegal activities and unsafe conditions thus creating negative impacts on surrounding businesses and residential areas.  These businesses include those that are open late hours, serve alcohol, and cater exclusively to adult activities.  The Administration has worked with BSO and the City Attorney’s office to identify the list of businesses including but not limited, to taverns, bath/massage parlors/escort services, bars/lounges/saloons, billiard/pool rooms, pawn shops, amusement/recreation enterprises/indoor and similar uses, but not limited to, as businesses that should be prohibited.

 

On April 25, 2006 the City Commission adopted Resolution No. 06-04-4999 affirming the City Manager’s Administrative Order of April 17, 2006 to implement city-wide “Zoning-in-Progress” and authorizing the City Manager to undertake study of the City’s land use regulations for the purpose of evaluating the business uses currently contained in the Master Business List.  Based on this authorization, Strutt Consulting was hired to assist the staff in studying the City’s land use regulations and Comprehensive Plan in relation to the City’s redevelopment efforts to further evaluate the prohibition of certain business uses. 

 

The Planning & Zoning Board considered the matter at the meeting held on June 6, 2006 and after a presentation by staff made a recommendation for approval by the City Commission. Subsequently, the City Commission approved the Ordinance on first reading on June 28, 2006 with the direction to further study the issue before proceeding to second reading.

 

The consultant prepared a report evaluating business uses as related to the City’s redevelopment efforts.  Once the report was received, the Community Development staff and the City Attorney met with the consultant to discuss the report and finalize a recommendation to revise the Master Business List and the related definitions in the City’s Code of Ordinances.  It was determined that there are sufficient changes to be recommended that differ significantly from the first reading of the Ordinance that necessitates that a new Ordinance should be presented to the City Commission for consideration on first reading tonight.

 

These changes include, but are not limited to, a recommendation that some primary uses within the Code such as billiard rooms and indoor amusements be reclassified as secondary uses permitted in certain areas with a special exception use permit and that these uses be more clearly defined.  It is also recommended that the definitions section of the Code be revised to reclassify and clarify other types of uses such as massage parlors and bath houses since these are more commonly permitted as spas, and services are provided by licensed professionals.  These changes will assist the City in the attraction of businesses that will enhance the redevelopment efforts and better serve the residents.  It is the Administration’s recommendation that the City Commission move forward with the adoption of these amendments.

 

RECOMMENDATION:

The City Administration recommends Commission’s consideration and approval of the second and final reading of the attached ordinance amending the City Code of Ordinance to delete uses including taverns, bath/massage parlors/escort services, bars/lounges/saloons, Pawn shops, and similar uses from those permitted within any zoning district, to provide massage establishments as permitted uses subject to Special Exception approval in the B-2 and B-3 Districts only, and to provide amusement/indoor recreational enterprises and billiards in B-2 and B-3 Districts only as secondary uses subject to Special Exception approval.

 

ORDINANCE NO. 07-_________

 

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AMENDING CHAPTER 106, ENTITLED, “ZONING,” ARTICLE I, ENTITLED, “IN GENERAL” SPECIFICALLY, SECTION 106-3 ENTITLED “DEFINITIONS” TO ADD DEFINITIONS AND AMEND EXISTING ONES RELATING TO USES AND ZONING IN THE CITY; AMENDING CHAPTER 106 ENTITLED “ZONING,” ARTICLE XV ENTITLED “BUSINESS DISTRICTS,” DIVISION 2, ENTITLED, “MASTER BUSINESS LIST,” DIVISION 2 ENTITLED “MASTER BUSINESS LIST” TO AMEND SECTION 106-467, ENTITLED “SUPPLEMENTAL REGULATIONS” TO PROVIDE FOR SECONDARY USES IN THE MASTER BUSINESS LIST, AND SECTION 106-468, ENTITLED, “MASTER BUSINESS LIST,” OF THE CODE OF ORDINANCES OF THE CITY OF NORTH LAUDERDALE, TO DELETE USES INCLUDING TAVERNS, BATH/MASSAGE PARLORS/ESCORT SERVICES, BARS/LOUNGES/SALOONS, PAWN SHOPS, AND SIMILAR USES FROM THOSE PERMITTED WITHIN ANY ZONING DISTRICT, TO PROVIDE MASSAGE ESTABLISHMENTS AS PERMITTED USES SUBJECT TO SPECIAL EXCEPTION APPROVAL IN THE B-2 AND B-3 DISTRICTS, AND TO PROVIDE  AMUSEMENT/INDOOR RECREATIONAL ENTERPRISES AND BILLIARDS AS SECONDARY USES SUBJECT TO SPECIAL EXCEPTION APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE.

 

            WHEREAS, the City Manager and the City’s professional planning staff continuously monitor and review the City’s Land Use Regulations and Comprehensive Land Use Plan to ensure appropriate development in the City, and from time to time recognizes the need to study and amend aspects of such; and,

 

            WHEREAS, the City Manager issued an Administrative Order, dated April 17, 2006, authorizing and directing City staff to undertake study and review of the City’s Land Use Regulations for the purpose of evaluating the prohibition of certain types of business uses, including, but not limited to, taverns, bath/massage parlors/escort services, bars/lounges/saloons, billiard/poolrooms, pawn shops, amusement/recreation enterprises/indoor and similar uses in the City; and,

 

            WHEREAS, the City Commission confirmed the Administrative Order through the adoption of Resolution No. 2006-04-4999 on April 25, 2006; and

 

            WHEREAS, the City staff is working with a professional planning consultant to undertake a study of the Master Business List in order to determine what uses currently included in the Master List should be removed in order to ensure consistent and continuing compliance with the City’s Comprehensive Land Use Plan; and,

 

            WHEREAS, it is the City Commission’s intent that the study and review of the Master Business List will lead to better implementation of the goals and objectives if the City’s Comprehensive Plan and the City Commission’s vision, and enhance the City’s demographic characteristics; and,

 

            WHEREAS, the City Commission desires to use the results of the study to promote redevelopment and eliminate the causes of physical and economic blight, enrich the visual and functional quality of the streetscape in the City, enhance North Lauderdale with a “Hometown USA” character and image, enhance the community’s competitive position within Broward County, and eliminate or reduce potential deleterious effect on the quality of life of the residents of the City, as well as the economic viability and overall environment of the City; and

 

            WHEREAS, the City Commission finds that it is in the best interests of the health, safety, and welfare of the City and its residents and property owners to adopt the revisions to the Master Business List in order to further the redevelopment efforts and promote the “Hometown USA” character and image of North Lauderdale.

 

            NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA THAT:

 

            Section 1.        The foregoing “WHEREAS” clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. 

            Section 2.        That Chapter 106, entitled, “Zoning,” Article I, entitled, “In General,” specifically Section 106-3, entitled, “Definitions,” of the Code of Ordinances of the City of North Lauderdale, be, and the same is hereby amended to read as follows:

 

            Sec.-106-3. Definitions.

 

            The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

            . . .

 

            Adult enterprise means any business or enterprise conducted as an adult book store, adult motion picture theater, adult reading room, artist body-painting studio, bathhouse, massage parlor, or which promotes or commercially panders to an interest in sexual activities. 

 

            . . .

 

            Club, night means a restaurant, dining room, bar or other similar establishment providing food or refreshments wherein floor shows or other forms of entertainment by persons are provided for guests after 11:00 p.m., as more specifically defined and regulated by Chapter 86, Code.

 

            . . .

 

            Health spa means any business or enterprise that provides a variety of health related products and services, such as state-licensed massage therapy, saunas, steam baths, state-licensed beautician or cosmetology services, weight reduction or physical fitness instruction. 

 

            . . .

 

            Hotel bar shall be defined as set forth in Section 86-56, Code.

 

            . . .

 

            Message establishment means an establishment or business licensed by the state of Florida pursuant to Chapter 480, Florida Statutes, as amended from time to time.

 

            Massage parlor means an establishment or business which provides the services of message body manipulation, including exercise, heat and light treatments of the body, and all forms and methods of physiotherapy, except for state licensed Massage Establishments.  Unless operated by a medical practitioner or professional physical therapist licensed by the state.

 

            . . .

 

            Nightclub, see definition of Club, night, above.

            Restaurant bar shall be as defined in Section 86-56, Code.

 

            . . .

 

            Secondary use means the use of less than fifteen percent (15%) of the gross square footage of the floor area of the establishment, and a use which is permitted only in connection with the principal use. 

 

            . . .

 

            Section 3.        That Chapter 106, entitled, “Zoning,” Article XV, entitled, “Business Districts,” Division 2, entitled, “Master Business List,” specifically Section 106-467, entitled,” Supplemental Regulations,” of the Code of Ordinances of the City of North Lauderdale, be, and the same is hereby amended to read as follows. 

 

            Sec. 106-467. Supplemental Regulations

 

            The following are the supplemental regulations to the master business list which are designated by number on the list. 

 

            . . .

 

(21)           Permitted as a Secondary use only.  Additional regulations for Amusements/recreation enterprises (indoors) are found in Chapter 6 of the City’s Code of Ordinances. 

 

            Section 4.        The Chapter 106, entitled “Zoning,” Article XV, entitled, “Business Districts,” Division 2, entitled, “Master List,” specifically Section 106-468, entitled, “Master business List,” of the Code of Ordinances of the City of North Lauderdale, be, and the same is hereby amended to read as follows:

Sec. 106-468. Master business list.

The master business list is as follows:

 

TABLE INSET:

Business listings

Prohibited

B-1

Neighborhood

B-2

Commercial

B-3

Commercial

B-4

Commercial

 

 

 

 

 

 

                                   *                                          *                                   *

Ambulance service,

 Commercial

 

*7

 

*7

*7

 

Amusements/recreation enterprises (indoor)

-

-

*7, 21

*7, 21

 

                                   *                                           *                                      *

Bakeshops, retail

 

*4                      

*                   

 *

 

Banks

 

 

*

 *

*

Bar, lounge, saloon

*

-

*7

*7

-

Barbershops

 

*

*

*

 

Bath, massage parlors, and escort services

*

 

 

*7

 

Beauty parlors

 

*

*

*

 

Beverage store

(nonalcoholic)

 

*

*

*

 

Bicycle stores and

Repair shops

 

*

*

*

 

Billiard rooms,

Poolrooms

 

 

*7, 21

*7, 21

 

Bingo parlors

 

 

*7, 10

*7, 10

 

 

 

 

 

 

 

Massage

Establishments

 

 

*7

*7

 

 

*

*

*

 

 

Paint, wallpaper stores, retail only

 

*

*

*

 

Parking garage

 

 

 

*

 

Pawnshops

*

 

 

*7

 

                                  *                                             *                                           *

 

 

 

 

 

 

 

*                 

*

*

 

 

Tanning parlors

 

 

*

*

 

Tavern

*

 

*7

*7

 

Taxi service

establishment, office,

fleet service, and

 storage

 

 

 

 

 

*17

 

                                          *                                       *                                            *

 

            Section 5.        Codification.  It is the intention of the City Commission of the City of North Lauderdale that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of North Lauderdale, Florida, and that the Sections of this Ordinance may be re-numbered, re-lettered and the word “Ordinance” may be changed to “Section,” “Article,” or such other word or phrase in order to accomplish such intention.

            Section 6.        Severability.  If any clause, section, or other part of this Ordinance shall be held by the court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way affecting the validity of the other provisions of this Ordinance.

            Section 7.        Conflicts.  All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith, be and the same are hereby repealed to the extent of such conflict. 

            Section 8.        Effective Date.  This Ordinance shall take effect immediately upon its adoption. 

 

 

 

 

 

 

(THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK)

PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, ON THE FIRST READING, THIS _30th  DAY OF   _January, 2007

 

            PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, ON THE SECOND AND FINAL READING, THIS _____ DAY OF _______________, 2007

 

APPROVED AS TO FORM:

 

 

_________________________________

SAMUEL S. GOREN

CITY ATTORNEY

 

                                                                                                ______________________________

                                                                                                MAYOR JACK BRADY

 

ATTEST:

 

 

                                                                                                ______________________________

                                                                                                VICE-MAYOR RICH MOYLE

____________________________________

C. MILLI DYER, CMC

 

 

 

 

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