HomeMy WebLinkAboutOrdinance 2025-4789 40th Street Overlay— LDR Amendments
ORDINANCE NO.
2025-4789
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE RESILIENCY
CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 7,
ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE II,
ENTITLED "DISTRICT REGULATIONS," SECTION 7.2.2, ENTITLED
"RS-1, RS-2, RS-3, RS-4 SINGLE FAMILY RESIDENTIAL DISTRICTS,"
AT SUBSECTION 7.2.2.6, ENTITLED "40TH STREET OVERLAY (RS),"
TO AMEND THE REGULATIONS FOR RELIGIOUS INSTITUTION USES
INCLUDING ASSOCIATED DORMITORIES; AND PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE
DATE.
WHEREAS, the City of Miami Beach (the "City") has the authority to enact and amend
laws that promote the public health, safety and general welfare of its citizens; and
WHEREAS, the 40th Street Overlay is located on the south side of 40th Street between
Chase Avenue to the west and Pine Tree Drive to the east; and
WHERAS, the 40th Street overlay, which was established in 2010, applies to religious
institutions in the Residential Single Family (RS) district and allows pedestrian-friendly religious
institutional uses, through the conditional use permit process, on eligible properties; and
WHEREAS, the intent of the overlay is to serve the surrounding residential uses and
provide residents with access to religious institutions within walkable distances, which promotes
pedestrianism, reduces traffic, and improves quality of life of residents, while also addressing the
impacts of institutional uses through carefully tailored development requirements; and
WHEREAS, it is the desire of the Mayor and City Commission to provide expanded
opportunities consistent with the purpose and intent of the overlay; 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 7 of the Resiliency coded, entitled "Zoning Districts And Regulations,"
Article II, entitled "District Regulations," Section 7.2.2, entitled "RS-1, RS-2, RS-3, RS-4 Single
family residential districts," at Sub-Section 7.2.2.6, entitled "40th Street Overlay (RS)," is hereby
amended as follows:
CHAPTER 7
ZONING DISTRICTS AND REGULATIONS
ARTICLE II. DISTRICT REGULATIONS
* * *
7.2.2 RS-1, RS-2, RS-3, RS-4 SINGLE-FAMILY RESIDENTIAL DISTRICTS
*
7.2.2.6 40th Street Overlay (RS).
a. Location and Purpose (40th Street Overlay— RS)
The overlay regulations of this division shall apply to the properties, as they are
configured as of January 1, 2010, with lot lines adjacent to the south right-of-way line
of 40th Street between Chase Avenue to the west and Pine Tree Drive to the east
(MAP EXHIBIT-1). The purpose of this overlay district is to provide pedestrian-friendly
religious institutional uses through the conditional use permit process at the properties
to serve the surrounding residential uses. Any Eexpansion of the overlay district shall
only be permitted by amendment to these regulations.
b. Compliance with Regulations (40th Street Overlay— RS)
The following overlay regulations shall apply within the 40th Street Overlay District. All
development regulations in for the underlying zoning district shall apply, except as
follows provided in 7.2.2.6:
DEVELOPMENT REGULATIONS TABLE (For Development Consisting of 2 or
More Platted Lots in the 40th Street Overlay)
Maximum Unit Size (% of Lot Area) 100%.
Maximum Lot Coverage (% of lot 50%
area)
BUILDING SETBACKS
Front Setback 20 feet
Side, Facing a Street Setback 5 feet
Side, Interior Setback 10 feet
BUILDING HEIGHT
Maximum Height (stories) 3 stories
Maximum Height (feet) 36 ft—flat roofs
39 ft— sloped roofs
1. Religious institutions and standalone schools, in existing rehabilitated structures
or new construction, shall be conditional uses, subject to the regulations in
section 2.5.2, conditional use procedure.
2. All new construction or additions to existing structures shall be compatible with the
scale of the surrounding residential neighborhood and shall be designed to
maintain a residential character, as determined by the planning director or
designee, or the design review board, as applicable.
3. Permits for new construction, alterations or additions to existing structures shall be
subject to design review by the planning director or designee. For those sites
consisting of two or more platted lots, the review and approval of the design review
board shall be required.
4. The following regulations shall apply to sites consisting of two or more platted lots:
A. Dormitories associated with religious institutions shall be a conditional use,
subject to the regulations in section 2.5.2, conditional use procedure. The number
of individual dormitories shall not exceed an aggregate of 4 dormitory units per
platted lot, and there shall be a maximum of up to 4 beds in each dormitory unit.
B. Covered stairs and walkways shall be exempt from unit size and lot coverage
calculations.
C. Roof top access and roof top uses shall not be permitted.
D. The overlay district shall be exempt from the following regulations applicable to
the underlying zoning district:
(i) Section 7.2.2.3(b)(2): Two Story Houses Standards.
(ii) Section 7.2.2.3(b)(3): Nonconforming yards, for developments
consisting of two or more platted lots.
(iii) 7.2.2.3(b)(4): Limitation on contiguous lots, not to exceed three platted
lots.
(iv) 7.2.2.3(b)(7)A: The general statement shall not apply to the 40`h Street
Overlay District.
c. Off-street Parking Regulations (40th Street Overlay — RS)
For religious institutions in the 40th Street Overlay District (MAP EXHIBIT-1), the
following off-street parking regulations shall apply:
1. For adaptive reuse of existing buildings, including expansions or additions thereto
less than 50 percent (50%) of the size of the existing structure, there shall be no
parking requirement provided that there is one or more public parking lot(s) and/or
garage(s)within 500 feet of the subject property. Existing required parking spaces
on site shall remain or be replaced on-site.
2. For new construction, and expansions or additions of more than 50 percent (50%)
of the size of an existing structure, the parking requirement shall be the same as
for a single-family detached dwelling pursuant to Chapter 5 of the Land
Development Regulations, entitled "Off-street parking," Article II, "Vehicle parking,
bicycle parking and off-street loading Rrequirements," provided that there is one
or more public parking lot(s) and/or garage(s) within 500 feet of the subject
property.
3. Existing parking spaces on a property may be discontinued, provided that there is
one or more public parking lot(s) and/or garage(s) within 500 feet of the subject
property. In the event that a religious institution converts back to a single family
residence, the previously discontinued parking spaces shall be re-activated.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 3. 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 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE,
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this 11 day of D.ea.psiber oZo S
ATTEST.:--v
DEC 2 r Steven Meiner, Mayor
L r-
Rafael E. Granado, City Clerk I 7—:'.
% '1 O P OP.MED'
Verified by:
Thomas R. M oney, ICP
Planning Director
APPROVED AS TO
Sponsored by Mayor Steven Meiner FORM AND LANGUAGE
& FOR EXECUTION
c9/22120 zs
City Attorney kW_ Date
T:\Agenda\2025\09 September 17,2025\Planning\40th Street Overlay-LDR Amendments-First Reading ORD.docx
40th Street Overlay — Map
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Ordinances - R5 AJ
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: December 17, 2025 5:01 p.m. Second Reading Public Hearing**
TITLE: 40TH STREET OVERLAY — LDR AMENDMENTS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE RESILIENCY CODE OF THE CITY OF
MIAMI BEACH, BY AMENDING CHAPTER 7, ENTITLED "ZONING DISTRICTS
AND REGULATIONS," ARTICLE II, ENTITLED "DISTRICT REGULATIONS,"
SECTION 7.2.2, ENTITLED 'RS-1, RS-2, RS-3, RS-4 SINGLE FAMILY
RESIDENTIAL DISTRICTS," AT SUBSECTION 7.2.2.6, ENTITLED "40TH STREET
OVERLAY (RS)", TO AMEND THE REGULATIONS FOR RELIGIOUS INSTITUTION
USES INCLUDING ASSOCIATED DORMITORIES; 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 May 15, 2024, at the request of Mayor Steven Meiner, the City Commission referred a
discussion (C4 AS) regarding potential amendments to the 40th Street overlay to the Land Use
and Sustainability Committee (LUSC). On June 10, 2024, the LUSC discussed and continued the
item to the September 5, 2024, LUSC meeting with direction for staff to meet with the project
architect and for a draft ordinance to be prepared, subject to the approval of the item sponsor.
On September 5, 2024, the item was deferred to the October 10, 2024, LUSC meeting, with no
discussion. The October 10, 2024, LUSC meeting was rescheduled to October 14, 2024, where
the item was deferred to the November 25, 2024, LUSC meeting, with no discussion. Additionally,
to ensure adequate public outreach, a community workshop with affected residents and
homeowner organizations took place on November 19, 2024, at which time area residents were
able to further discuss the proposal. On November 25, 2024, the item was deferred to a future
date, with no discussion.
On June 10, 2025, the LUSC discussed the proposed draft ordinance 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 the following additional changes:
1. Clarify that roof-top access and uses will not be permitted.
2. Clarify that the expanded regulations shall only be applicable to sites that contain at least two
platted lots.
3. Include a limit on the number of beds proposed for the dormitory units.
Since the LDR amendments currently authorize dormitories as part of a conditional use, it was
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determined that a comprehensive plan amendment is not required.
On July 23, 2025, at the request of Mayor Steven Meiner, the City Commission referred the
ordinance to the Planning Board (C4 A).
ANALYSIS
Background
The 40th Street overlay, which was established in 2010, applies to religious institutions in the
Residential Single Family (RS) district that is located on the south side of 40th Street between
Chase Avenue to the west and Pine Tree Drive to the east(see attached map). The overlay allows
pedestrian-friendly religious institutional uses, through the conditional use permit process, at
eligible properties. The intent of the overlay has been to serve the surrounding residential uses,
and any future expansion of the district is only permitted by amending the overlay regulations.
Proposed Ordinance
The attached draft ordinance proposes amendments the LDRs that are specific to the 40th Street
Overlay. The following is a summary of the modifications proposed for the overlay:
• The introduction of dormitory and standalone school as an allowable use. The total number
of dormitories would not exceed four(4)dormitory units per platted lot and each dormitory unit
would have a limit of up to four (4) beds.
• A requirement for Design Review Board (DRB)approval for sites containing 2 or more platted
lots.
• The maximum unit size has been increased from 50% to 100%.
• The maximum lot coverage for a home exceeding 2 stories has been increased from 30% to
50%.
• Covered stairs and walkways would be exempt from unit size and lot coverage calculations.
• The minimum front setback has been reduced from 30 feet to 20 feet.
• The minimum street side setback has been reduced from 10 feet to 5 feet.
• The maximum number of stories has been increased from 2 stories to 3 stories.
• The maximum building height has been increased for flat roof structures from 24 feet to 36
feet and for sloped roof structures from 27 feet to 39 feet.
• The open space and extended setback requirements for homes exceeding 2 stories would
not apply to projects in the 40th Street Overlay.
• The limitation of two (2) contiguous lots has been expanded allow up to three (3) contiguous
lots to be aggregated 40th Street overlay.
• Roof-top access and uses on the roof would not be permitted.
Summary
The proposed amendments to the LDRs would allow for new construction and the expansion of
existing homes located within the overlay, both in terms of permitted uses, as well as the height
and intensity of the structures. The subject overlay is a transitional area from the more intense
commercial properties to the north of 40th Street, and the established single-family homes
immediately south of the overlay boundaries.
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Similar transition areas in the city typically have either Residential Office (RO) or Low Intensity
Multi-Family (RM-1) zoning as an interface between single family districts and more intense
commercial districts. In this regard, the increased height and intensity proposed in the LDR
amendment would not be inconsistent with the regulations in the RM-1 district. Additionally, both
DRB and Planning Board approval would be required for new developments.
The RS development regulations applicable to the existing transitional overlay, which have been
in place since 2010, are sensitive to and compatible with the establish'd single-family homes to
the immediate south. Although transient uses are generally not permitted in the RM-1 and RO
districts, the limited number of dormitories proposed :s not expected to adversely impact the
surrounding area, as they would need to be connected to religious institution uses in the overlay.
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). Additionally, the
Planning Board recommended that all future projects in the overlay be subject to the approval of
the Design Review Board (DRB) and Planning Board.
UPDATE
The subject ordinance was approved at First Reading on September 17, 2025.
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/meeting-notices/
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
Mid Beach
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
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Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? Yes
If so, specify the name of lobbyist(s) and principal(s): Rabbi Shlomo Stilerman
Department
Planning
Sponsor(s)
Mayor Steven Meiner
Co-sponsor(s)
Condensed Title
*5:01 a.m. 2nd Rdg, 40th Street Overlay - LDR Amendments. (Meiner) PL 5/7
Previous Action (For City Clerk Use Only)
First Reading Public Hearing on 9/17/2025 - R5 A
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