HomeMy WebLinkAboutOrdinance 2025-4778 Good Standing Requirements for Zoning Amendments
ORDINANCE NO. 2025-4778
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI
BEACH, SUBPART B, ENTITLED, "LAND DEVELOPMENT REGULATIONS,"
BY AMENDING CHAPTER 1 OF THE MIAMI BEACH RESILIENCY CODE,
ENTITLED "GENERAL PROVISIONS,"ARTICLE II, ENTITLED "DEFINITIONS,"
SECTION 1.2.1, ENTITLED "GENERAL DEFINITIONS," BY ADDING A
DEFINITION FOR "HABITUAL OFFENDER"; BY AMENDING CHAPTER 2 OF
THE MIAMI BEACH RESILIENCY CODE, ENTITLED "ADMINISTRATION AND
REVIEW PROCEDURES," ARTICLE IV, ENTITLED "AMENDMENTS TO
COMPREHENSIVE PLAN AND TO THE TEXT OF THE LAND DEVELOPMENT
REGULATIONS," BY AMENDING SECTION 2.4.1, ENTITLED "GENERALLY,"
TO ESTABLISH PROCEDURES TO ADDRESS OUTSTANDING VIOLATIONS,
FINES, FEES, OR OTHER OPEN BILLS, FOR APPLICATIONS TO AMEND THE
LAND DEVELOPMENT REGULATIONS OR THE COMPREHENSIVE PLAN;
AND PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY;AND AN
EFFECTIVE DATE.
WHEREAS, the City of Miami Beach (the "City") has the authority to enact laws which
promote the public health, safety and general welfare of its citizens; and
WHEREAS, the Land Development Regulations of the City Code ("LDRs") includes
procedures for amending the LDRs and the Comprehensive Plan; and
WHEREAS, the Mayor and City Commission desire to establish requirements for
applications proposing to amend the LDRs and Comprehensive Plan to include provisions that
address outstanding violations, fines and other open bills; and
WHEREAS, the amendments set forth below are necessary to accomplish all of the above
objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 1 of the Miami Beach Resiliency Code, entitled "General Provisions,"Article
II, entitled "Definitions," is hereby amended as follows:
CHAPTER 1
GENERAL PROVISIONS
ARTICLE II. DEFINITIONS
* * *
1.2.1 GENERAL DEFINITIONS
Page 1 of 3
Habitual offender is an individual or entity with a record of three (3) or more adjudicated
violations, within the preceding 3 years, of the City's land development regulations the City Code
(including, without limitation, Chapter 58), the Florida Building Code, and/or the Florida Life Safety
Code.
SECTION 2. Chapter 2, ''Administration and Review Procedures", Article II ''General Development
Application and Hearing Procedures", is hereby amended as follows:
CHAPTER 2. ADMINISTRATION AND REVIEW PROCEDURES
* * *
ARTICLE IV. Amendments to Comprehensive Plan and to the Text of the Land
Development Regulations
* *
2.4.1 GENERALLY
a. A request to amend the comprehensive plan or to amend the text of these land
development regulations may be submitted to the planning director by the city manager;
city attorney; or upon an adopted motion of the city commission, planning board, board of
adjustment, or historic preservation board (with regard to the designation of historic
districts or sites, or matters that directly pertain to historic preservation); or by an owner(s)
or developer(s) of the property which is the subject of the proposed change (hereinafter,
a private applicant). Matters submitted by the city manager or city attorney shall first be
referred to the planning board by the city commission for action on the referral.
b. For amendments requested by the owner of a specific private property, unified
development site or other development Lsubmitted as a private application or referred by
the City Commission on behalf of a property owner, the property owner shall certify the
following, prior to consideration of the amendment by the Planning Board:
1. There shall be no open zoning City Code (including without limitation Chapter 58)
building, or life safety violations on the subject property, and all outstanding zoning, City
Code (including, without limitation Chapter 58), building, and fife safety violations must be
resolved.
2. There shall be no outstanding fines, fees, liens or other open bills due to the City.
c. An owner applicant or his representative shall file an application pursuant to sections
2.2.3.1 and 2.2.3.2 of this chapter. The city shall not be required to file an application.
SECTION 3. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
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SECTION 4. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or relettered to accomplish such
intention; and that the word "ordinance" may be changed to "section" or other appropriate word.
SECTION 5. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten (10) days following adoption.
PASSED AND ADOPTED this /7 day of rv,h?r 20 .
S ven Meiner, Mayor
ATTEST:
DEC 2 2 2025 : ��ti�-�,
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Rafael . Gran o, City Clerk '�.�.•�
':Itd�OR? ORATED='
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Verified by:
Thomas R. Mooney, AICP
Planning Director
Sponsored by Commissioner Alex J. Fernandez APPROVED AS TO
FORM AND LANGUAGE
Co-Sponsored by Commissioner David Suarez & FO UTION
9j29)747Z s
City Attorney Date
T:\Agenda\2025\10 October 29,2025\Planning\Good Standing Requirements for Zoning Incentives-Second Reading ORD.docx
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Ordinances - R5 C
MAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: December 17, 2025 9:20 a.m. Second Reading Public Hearing
TITLE: GOOD STANDING REQUIREMENTS FOR ZONING AMENDMENTS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI
BEACH, SUBPART B, ENTITLED, "LAND DEVELOPMENT REGULATIONS," BY
AMENDING CHAPTER 1 OF THE MIAMI BEACH RESILIENCY CODE, ENTITLED
"GENERAL PROVISIONS," ARTICLE II, ENTITLED "DEFINITIONS," SECTION
1.2.1, ENTITLED "GENERAL DEFINITIONS," BY ADDING A DEFINITION FOR
"HABITUAL OFFENDER;" BY AMENDING CHAPTER 2 OF THE MIAMI BEACH
RESILIENCY CODE, ENTITLED "ADMINISTRATION AND REVIEW
PROCEDURES," ARTICLE IV, ENTITLED "AMENDMENTS TO COMPREHENSIVE
PLAN AND TO THE TEXT OF THE LAND DEVELOPMENT REGULATIONS," BY
AMENDING SECTION 2.4.1, ENTITLED "GENERALLY," TO ESTABLISH
PROCEDURES TO ADDRESS OUTSTANDING VIOLATIONS, FINES, FEES, OR
OTHER OPEN BILLS, FOR APPLICATIONS TO AMEND THE LAND
DEVELOPMENT REGULATIONS OR THE COMPREHENSIVE PLAN; AND
PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN
EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission (City Commission) adopt
the ordinance.
BACKGROUND/HISTORY
On February 3, 2025, at the request of Commissioner Alex Fernandez, the City Commission
referred a discussion item pertaining to requirements for applicants seeking zoning incentives to
be in good standing with the City (C4 Y) to the Land Use and Sustainability Committee (LUSC).
On April 15, 2025, the LUSC discussed and continued the item to the June 10, 2025, LUSC
meeting, with direction to staff to further develop the proposed draft amendments in accordance
with the following:
1. Create a definition for `habitual offender'.
2. Establish a minimum waiting period after all fines and violations have been resolved and
before a transmittal hearing can occur before the Planning Board.
3. Create options for a potential City Commission waiver of all or part of the waiting period,
subject the payment of a fine or the voluntary proffer of a public benefit.
On June 10, 2025, the LUSC discussed the proposal and recommended that the City Commission
refer an amendment to the Land Development Regulations of the City Code (LDRs) to the
Planning Board, in accordance with the recommendations in the LUSC memorandum, and
including the requirement for any waiver to be approved by a 5/7 vote.
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On July 23, 2025, at the request of Commissioner Alex Fernandez, the City Commission referred
the ordinance to the Planning Board (C4 C).
ANALYSIS
Attached is an ordinance amending Chapters 1 and 2 of the LDRs. The following is a general
summary of the amendments:
Chapter 1 - General Definitions
The following definition for 'habitual offender' has been created:
Habitual offender is an individual or entity with a record of three (3) or more adjudicated
violations, within the preceding 3 years, of the City's land development regulations, the City Code
(including, without limitation, Chapter 58). the Florida Building Code, and/or the Florida Life Safety
Code.
Chapter 2 - Administration and Review Procedures
For private applications to amend the LDRs or Comprehensive Plan, the property owner shall
certify the following, prior to consideration of the amendment by the Planning Board:
1. There shall be no open zoning, city code, building, or life safety violations at the subject
property.
2. There shall be no outstanding fines, fees, liens or other open bills due to the City.
The Administration is supportive of the attached ordinance, as it applies to all applications
uniformly and would be an added incentive to correct outstanding violations and past due fines in
an expedient manner. These requirements could also be included as a condition of eligibility as
part of future zoning incentive legislation, including legislation presently before the City
Commission, LUSC, or Planning Board.
PLANNING BOARD REVIEW
On September 9, 2025, the Planning Board held a public hearing and transmitted the proposed
ordinance to the City Commission with a favorable recommendation (7-0).
UPDATE
The subject ordinance was approved at First Reading on September 17, 2025. After approval at
First Reading, the sponsor requested that clarifying text be provided, confirming that the
provisions of the ordinance apply to amendments submitted as a private application and
amendments referred by the City Commission on behalf of a property owner. The attached
ordinance has been updated to include this clarifying text for Second Reading.
FISCAL IMPACT STATEMENT
No Fiscal Impact Expected
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on: 9/24/2025
See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meetinq-notices/
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FINANCIAL INFORMATION
Not Applicable
CONCLUSION
The Administration recommends the following:
1. Pursuant to Section 2.3.2 of the LDRs, the City Commission waive the annual zoning cycle
restriction for the subject LDR amendment in order for Second Reading of the ordinance to
occur prior to January 2026.
2. The City Commission adopt the ordinance.
Applicable Area
Citywide
Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond
pursuant to City Code Section 2-17? Project?
Yes No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s):
Department
Planning
Sponsor(s)
Commissioner Alex Fernandez
Co-sponsor(s)
Commissioner David Suarez
Condensed Title
*9:20 a.m. 2nd Rdg, Good Standing Requirements for Zoning Amendments. (AF/DS) PL 5/7
Previous Action (For City Clerk Use Only)
First Reading Public Hearing on 9/17/2025 - R5 0
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