Ordinance 2024-4672Massage Therapy Centers -North Beach Use Regulations
ORDINANCE NO.2024-4672
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 3,
ENTITLED "OVERLAY DISTRICTS,"AT SECTION 7.3.10,ENTITLED
"NORTH BEACH COMMERCIAL CHARACTER OVERLAY,"TO
ESTABLISH REGULATIONS AND REQUIREMENTS FOR MASSAGE
THERAPY CENTERS WITHIN THE OVERLAY;AND PROVIDING FOR
REPEALER,SEVERABILITY,CODIFICATION,AND AN EFFECTIVE
DATE.
WHEREAS,the North Beach area of the City includes all properties to the north of 63°
Street;and
WHEREAS,a large portion of the North Beach area is located within the North Shore
National Register District and the Normandy Isles National Register District;and
WHEREAS,a large portion of the North Beach area is located within the Normandy Isles
Historic District,North Shore Historic District,Harding Townsite Historic District,Altos Del Mar
Historic District,and the North Beach Resort Historic District,all of which are locally designated;
and
WHEREAS,properties fronting Ocean Terrace and Collins Avenue between 73rd and 75th
Streets are within the Harding Townsite historic district and the North Shore National Register
historic district;and
WHEREAS,properties fronting Harding Avenue between 73rd and 75th Streets are within
the North Shore National Register historic district;and
WHEREAS,the City of Miami Beach has undertaken a master planning process for North
Beach,in order to encourage the revitalization of the area by improving cultural,retail,and dining
experiences for residents and visitors to the area;and
WHEREAS,the Mayor and City Commission desire to adopt additional regulations on
massage therapy centers to ensure public safety,establish minimum requirements,and mitigate
impacts to neighborhoods in the North Beach area;and
WHEREAS,the City Commission finds that it is in the best interest of its residents,
businesses,and visitors to adopt regulations to protect the public health,safety,welfare,and
morals;and
WHEREAS,the amendments set forth below are necessary to accomplish all of the above
objectives.
Page 1 of 3
NOW THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH,FLORIDA.
SECTION 1.Chapter 7,entitled "Zoning Districts and Regulations,Article 3,entitled "Overlay
Districts,"at Section 7.3.10,"North Beach Commercial Character Overlay District,"is hereby
amended as follows:
CHAPTER 7
ZONING DISTRICTS AND REGULATIONS
***
ARTICLE 3.OVERLAY DISTRICTS
***
7.3.10 NORTH BEACH COMMERCIAL CHARACTER OVERLAY DISTRICT
***
7.3.10.2 Compliance with regulations (North Beach Commercial Character Overlay
District).
The following regulations shall apply to the overlay district.There shall be no variances
allowed from these regulations.All development regulations in the underlying zoning district
and any other applicable overlay regulations shall apply,except as follows:
a.The following limitations shall apply to the commercial uses listed below:
***
v.Massage therapy centers shall ggmply with be subject to the following regulations;
1.Such establishments shall not operate between 9:00 pm and 7:00 am in the
Ocean Terrace/Harding Townsite Overlay Area.
2.Such establishments shall only be considered a permitted use in accordance with
the following as part of the following developments;
a.State certified schools for obtaining a massage therapy license,as a
component of the main use .
b.Multi-family residential buildings,apartment hotels,suite hotels or hotels,with
at least 50 units,as an accessory use.
c.Fitness centers,gyms and wellness centers,as a component of the main use.
d.State licensed medical offices and clinics,such as physical therapy centers,
as a component of the main use.
3.Such establishments shall only be only permitted as a conditional use as follows:
a.within office buildings located in a commercial district,_TC district,or TC-C
district,provided the mgssgge thergpy@enter is located above the first floor.
Page 2 of 3
b.within multi-family residential buildings,apartment hotels,suite hotels,or
hotels,with less than 50 units.
SECTION 2.REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith 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 re-numbered or re-lettered 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.
,2024.
ATTEST:
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this_l7_day ot _/hebe
s#°Steven Meiner,Mayor7}1 vs
Rafael E.Granado,City Clerk
First Reading:July 26,2023
Second Reading:
APPROVED AS TO
FORM AND LANGUAGE
&FOR EXECUTION
#a
o)8lzoz4
Date
Verified By:
Thomas R.Moone
Planning Director
T:\Agenda\2024\9 October 2024\Planning\Massage Therapy Centers -North Beach Use Regulations -Second Reading ORD.docx
Sponsored by Commissioner Alex J.Fernandez
Page 3 of 3
Ordinances -RS V
MIAMI BEACH
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Eric Carpenter,City Manager
DATE:
TITLE:
November 20,2024 5.01 p.m.Second Reading Public Hearing
MASSAGE THERAPY CENTERS -NORTH BEACH USE REGULATIONS
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 3,ENTITLED "OVERLAY DISTRICTS,"AT
SECTION 7.3.10,ENTITLED "NORTH BEACH COMMERCIAL CHARACTER
OVERLAY,"TO ESTABLISH REGULATIONS AND REQUIREMENTS FOR
MASSAGE THERAPY CENTERS WITHIN THE OVERLAY;AND PROVIDING FOR
REPEALER,SEVERABILITY,CODIFICATION,AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the ordinance.
BACKGROUND/HISTORY
On September 14,2022,at the request of Commissioner Alex Fernandez,the City Commission
referred a proposed amendment regarding commercial district use regulations in North Beach
(C4 X)to the Land Use and Sustainability Committee (LUSC)and the Planning Board.On March
1,2023,the LUSC discussed a proposed ordinance regulating certain uses in North Beach and
moved it to the Planning Board.
The LUSC also bi-furcated and continued the discussion pertaining to potential regulations for
massage therapy centers to the May 10,2023 LUSC meeting.On May 10,2023,the LUSC
endorsed the proposed ordinance pertaining to the regulation of massage therapy centers in
North Beach and recommended that the Planning Board transmit the ordinance to the City
Commission with a favorable recommendation.
ANALYSIS
Massage therapy centers are defined as follows under the Land Development Regulations
(LDRs)of the City Code:
Massage therapy center means an establishment that offers,sells,or provides
manipulations of the tissues or other tactile stimulation of the human body with the hand,
foot,arm,leg,elbow,or part of the torso,whether or not aided by any electrical or
mechanical device:and may include bathing,hydrotherapy,thermal therapy,or
application of chemicals,oils,lotions,or similar preparations to the human body.
The current regulations in the Art Deco/MiMo Commercial Character Overlay incorporate
regulations that are applicable to the Ocean Terrace/Harding Town Site area of the overlay which
limit the hours of massage therapy centers from 7:00 a.m.to 9:00 p.m.,in order to minimize
potential negative impacts from such establishments.
Page 944 of 1993
The proposed ordinance would make the restrictions on hours applicable to the entire North
Beach Commercial Character Overlay.In addition,the ordinance provides additional regulations
regarding the permitted locations of massage therapy centers as follows:
Permitted Use Locations
1.State certified schools for obtaining a massage therapy license.
2.Multi-family residential buildings,apartment hotels,suite hotels or hotels with at least 50
rooms,as an accessory use.
3.Fitness centers,gyms and wellness centers,as a component of the main use.
4.State licensed medical offices and clinics,such as physical therapy centers.
Conditional Use Locations
1.Within office buildings located in a commercial district,TC district,or TC-C district.
2.Within multi-family residential buildings,apartment hotels,suite hotels or hotels with less
than 50 units.
In all other locations in North Beach,massage therapy centers would be prohibited.
When properly regulated and operated,massage therapy centers provide beneficial services to
the community,and the proposed regulations are intended to better define locations for massage
therapy centers to operate.
PLANNING BOARD REVIEW
On June 27,2023,the Planning Board held a public hearing and transmitted the proposed
ordinance to the City Commission with a favorable recommendation (6-0).
UPDATE
On July 26,2023,the City Commission approved the subject ordinance at First Reading,with no
changes,and scheduled Second Reading /Adoption for September 13,2023.The City
Commission also waived the applicable fees based on the proposed amendment implementing
best practices in urban planning.
On September 13,2023,the item was deferred to December 13,2023,with no discussion.On
December 13,2023,the item was deferred to January 31,2024,with no discussion,and on
January 31,2024,the item was deferred to April 3,2024,with no discussion.The item was not
reached at the April 3,2024,meeting and was moved to the May 15,2024 meeting.
On May 15,2024,at the request of the item sponsor,the City Commission referred the item to
the LUSC (RS G).On June 10,2024 the item was deferred to a future LUSC meeting.On
September 5,2024,the LUSC discussed the proposal and recommended that the City
Commission adopt the ordinance at Second Reading,with an amendment to allow massage
therapy centers at the first floor in commercial districts,subject to CUP approval.This amendment
is included in the revised ordinance for Second Reading.
FISCAL IMPACT STATEMENT
No Fiscal Impact
Page 945 of 1993
Does this Ordinance require a Business Impact Estimate?Yes
(FOR ORDINANCES ONLY)
If applicable,the Business Impact Estimate (BIE)was published on:9/27/2024.
See BIE at:https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
Not Applicable
CONCLUSION
The Administration recommends the City Commission adopt the ordinance.
Applicable Area
North Beach
Is this a "Residents Right to Know"item,
pursuant to City Code Section 2-172
Yes
Is this item related to a G.O.Bond
Project?
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)
Condensed Title
5:01 p.m.2nd Rdg,Massage Therapy Centers -North Beach Use Regs.(Fernandez)PL
Page 946 of 1993
4N I v NEIGHBORS SUNDAY NOVEMBER 10 2024
A r 0A
Market Basket Brie.Supreme Oval,T-ounce hunk.
Mi0a HOA IDA
Aldi Emporium Selection La Bonne Vie Brie.La Bonne Vie Camembert.
Brie.
Food facility listeria gets cheese
sold by Aldi and other chains
recalled in 12 states
Y DAVID J.NEAL
dneal@miamherald.com
Soft cheeses sold under
several brands have been
recalled from California,
Texas,Missouri and nine
other states after listeria
was found in the manu-
facturing facility.
Savencia Cheese USA is
based in New Holland,
Pennsylvania,but said in
its FDA-posted recall
notice that the problem
was in the company's
Lena,Illinois,facility.
""Through routine test-
ing,it was identified that
processing equipment at
the site may have been
contaminated with
Listeria monocytogenes,"
the notice said."While
finished product resting
has not identified contam-
inated product,we have
initiated a voluntary recall
to retrieve the potentially
affected product."
AII of the cheeses re-
called have a best by date
of 12/24/2024.
o Aldi Emporium Se-
lection Brie,8-ounce
wheel,UPC Nos.
004149811132 and
041498111328.
•Market Basket Bric,
8-ounce wheel,UPC Nos.
004970566630 and
049705666302.
Supreme Oval,7-
ounce hunk,UPC Nos.
07144850421 and
071448504214.
o La Bone Vie Brie,
8-ounce wheel,no UPC
number.
o La Bonne Vie Cam-
embert,8-ouncc wheel,
no UPC number.
w Industrial Brie,8-
ounce hunk,UPC No.
077901005229.
The cheeses wcnt to
stores in California,Texas,
Missouri,Illinois,Indiana,
Massachusetts,Connccti-
cut,Iowa,New Jersey,
Oregon,Colorado and
Washington.
Listeria infects about
1,600 people cach year in
the United States,accord-
ing to the CDC,killing
about 260.The most like-
ly to get the worst of liste-
ria's effects are adults
over 65,children under 5
and people with damaged
immune systems.Preg-
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miscarriages and still-
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deal with fever,muscle
aches,headaches,flu-like
symptoms,possibly confu-
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David ].Neal:
305-376-3559,
@David]Neal
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
MASSAGE THERAPY CENTERS-NORTH BEACH USE REGULATIONS
ORDINANCE AMENDING THE NORTH BEACH COMMERCIAL
CHARACTER OVERLAY TO ESTABLISH REGULATIONS AND
REQUIREMENTS FOR MASSAGE THERAPY CENTERS
WITHIN THE OVERLAY
NOVEMBER 20,2024
CITY COMMISSION MEETING
NOTE IS HFRFY GIVE'that Gn Mvemer 20 2024,at50lpm..ot as soon thereafter as the mnatter can be heard the Mayor
and Cty Commissioners at tie City t Mam each wl hld a Sten4 ReudiyPwlic Heuring an the 'ellowng cosed Ordinarce
MASSAGE II RAPYCKHIIHS-AOR IHI BLACI USE 3GULATI0LS
AN ORDINANCE OE THE MAYOR AN CIY COMMISSION OF THE CIIY OK 'VIA'WI B8EACH,FLORICA,AIENCING THE
RSI IFCY CODE OF THE CITY OF MIAMI AF ACH,Y AVENDING CHAPIER 7 HIED ZONIAG DISTRICTS AYO
REGULATIONS."AI'CLE 3.ENTITLEO OVERLAY OISTRICTS,"AT SECTION Z3 10.EN'ITLEDO OATH BFACH COVFRCAL
CHARA CTER OVERLAY,"TO ESTAB LISH REGULATIONS AO REQUIRE#ENIS FOR MASSAGE THERAP Y CENTERS WITHIN
THE OVERLAY,ANDO PROVING FOR REPEALER,SEVERABILITY,CODIFICATION,ADO A'LFTCCTIVE DATE Ths Ordnance
is bcmng heard pursuant to Chapter 2,Article IV at the eslency Code lqunes may be drecled ta the Pang Department
at 305 673 7550
Dunnq the Mamer 20,204,Cmmsson Meeting,the City at Marr Beach wl hast a +yd Comnussic Meetng
During the Hynd Commsson Meeting,the City Commissan wit be physically present in the Cammisien CMner.located it
I700 Catie Cntr Drive.3'Flt,Mamt Beach,Fri 33139
Members ot the pub'ic wto wis to attcnd ts Ccmmissicn Meetrg pde public ommrcnt n person may appear
at tte Commission Chamber Applicants and members of the pub wo ws to particpate or rvde omen vttuaty
durn,he Cormsson Meetng may jn the web nu at h[s//mnamnbQeu h!AGL(GT.5LU&1328/6l'va teetoe
at 1305 224.1968 (US)or 888.4/5.4499 {#Fee)Web2r I:8139285/6/1.Members o!he pul wanting to peak
vrtally an an m dunng the meeting must cc the "ravse hand"cn t using the loom ap or press 9 cn the telephone to
tatse tent hand
(TERESI[D PARTIS 2re rv'ed {o take pant r this reeting be 'eesend by an scent The ublc may submr
wrotten comments on Comrssvcn Meetung Items by ether sutrdtg an eComrmant (rough the agenda age al
l s /[Au.flat .cahlL /'yha/I.La nda and kckong the comment butbc ccn in he "Current and Uoccmg
Meet rgs"section o by eraliq yC SgIKgigrb&A'lg wth the Agenda item Mumper in the subject me.Ccmrenots
receed,n ether tormnat,wll be accepted unt+5.00 pm,the day before the mvetng Al suumissons wit be torwatdcd to the
Mayo and Commsscners and rciuded n the meetnq record.
Copes at Agenda items are avaab'c tor ubtc nectar at.https.//wt.m narutcact!L.aoy/ca(y bail/ulyclerk/and Is
meetng.o any ltem herein,may be continued,and under such circumstances,additional lqal notice need not be proded
Pursuant to Sect0n 286.0105,Ha.Stat,the City hercby advses !e pub'chat 'a erscdes to appeal ay dcascn
made by the Gty Carrmsson concerning any matter cnsdered at its meeting or its hearg,such perscn must ensure that 3
veratm record at the proceed ngs s made,wtvh teccd ndudes the testnony and endence upon wnvch the appeal s to be
base 7hs note does not ccosttule consent ty the ty 'or the ntcdctin or adussen o'otterwse inadmissble or nevat
evdene,des tau!cue chai'enges appeals no oterwse a@wed vpluw
To redutst 'ts matena n an alternate tcrmat,scn /anguage terpeter ('yeday ncc 'tcured)ntrraticn c access (or
persons wth d.sates,and/or any accommodatan to revew any document at panic.pale r any Cty sponsored proceedngs,
cal 30$604 2489 and select 1tot Fnq'ish or ?'or Sparish,'hen 6ton £,It usets may call va ?I +Inda Re'ay Servce)
The City Cormsscn Meeting w e broadcast ve cn Mari Beat TV (MTV),wewale ona the City's webste at
hp //it mar.beach!l gyviaoysifmrVmh tL as well as on Jreerelne Cale channel 660 1 2004 (HD)ATT
U-verse channel 99,Ho:wt Gcmmuncatons channel 395,and HCKU dee n PEG IV channel,and or socrai media al
ttps//sw 'bckarr/tytmiamrbcac
Io review the Busmess lmnuact Estimates fat the above proposed Ordnance.please vs
httos L/we ma mbeach!t.goz/'cuthalt/'utyclerk/meet.nq notesi
tuba
teetnq attendees can park at the City Ha!Garage,'755 Medan Avenue.amBeach,Fori0a 33139
Hat2el E.Grarado,Cyerk
City at Mumn Beah
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Page 950 of 1993