The city’s conditional-use law restricts businesses deemed to have a negative impact on the community. Under North Bay Village’s zoning codes, the club cannot be with 500 feet of any church, school or daycare center; the proposed site at 1415 Kennedy Causeway is the only undeveloped location in the city that meets these conditions. Isle of Dreams argues that the city’s conditional-use laws are unconstitutionally ambiguous and that the zoning laws censor a legal form of entertainment.
“I don’t think that’s a frivolous argument,” said Charlton Copeland, a professor at the University of Miami School of Law.
Some residents disagree, however. “This lawsuit is absurd,” said Kevin Vericker, who lives in North Bay Village. [Miami Herald]