2014-3877 Ordinance Bed.and Breakfast Inns
ORDINANCE NO. 2014-3877
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF
MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS
AND REGULATIONS" ARTICLE V "SPECIALIZED USE
REGULATIONS," DIVISION 7 "BED AND BREAKFAST INNS,"
SECTION 142-1401, "CONDITIONS FOR BED AND BREAKFAST
INNS," TO ADDRESS AND CLARIFY THE ELIGIBILITY FOR
CONTRIBUTING BUILDINGS IN HISTORIC DISTRICTS TO BE
CONVERTED TO BED & BREAKFAST INNS WITHIN THE CITY OF
MIAMI BEACH; PROVIDING FOR REPEALER; SEVERABILITY;
CODIFICATION; AND AN EFFECTIVE DATE.
WHEREAS, the City Code contains provisions for permitting bed and breakfast
inns; and
WHEREAS, these provisions are limited and targeted at preserving historic
buildings while permitting single family homes in historic districts to have options for
such usage in order to incentivize their restoration; and
WHEREAS, in 2010 the Bed and Breakfast ordinance was amended to permit
limited accessory assembly use in very limited cases; and
WHEREAS, after the amendment was adopted it was found to contain language
that inadvertently permitted apartment buildings that had been converted to single family
usage to then be converted to transient use, which is contrary to the intention of the
original ordinance; and
WHEREAS, the amendment set forth below is necessary to clarify the eligibility
for Bed and Breakfast Inns to correct this oversight;
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. The Land Development Regulations Of The Code Of The City Of Miami
Beach, is hereby amended by amending Chapter 142, "Zoning Districts And
Regulations," Article V "Specialized Use Regulations," Division 7 "Bed And Breakfast
Inns," Section 142-1401, "Conditions For Bed And Breakfast Inns," as follows:
Sec. 142-1401. Conditions for bed and breakfast inns.
Bed and breakfast inns are permitted with the following conditions:
(1) The use shall be situated in a contributing building and located in a locally
designated historic preservation district. The use may also be situated in a
noncontributing building if it is restored to its original historic appearance and re-
categorized as "contributing."
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(2) The owner of the bed and breakfast inn shall permanently reside in the structure.
(3) a. The structure shall have originally been constructed as a single-family
residence; of and
b. The existing structure is not classified by the city as an apartment
building as defined in section 114-1 of the City Code.
The structure may have original auxiliary structures such as a detached
garage or servant's residence, but shall not have noncontributing
multifamily or commercial auxiliary structures.
(4) The structure shall maintain public rooms (living room/dining room) for use of the
guests.
(5) The size and number of guestrooms in a bed and breakfast inn shall conform to
the following:
a. The structure shall be allowed to maintain (or restore) the original number
and size of bedrooms which, with the exception of rooms occupied by the
owner, may be rented to guests.
b. Historic auxiliary structures, such as detached garages and servants'
residences, may be converted to guestrooms. New bedrooms constructed
shall have a minimum size of 200 square feet and shall have a private
bathroom.
C. Architecturally compatible additions not exceeding 25 percent of the floor
area of the historic building shall be permitted to accommodate
emergency stairs, other fire safety requirements, and new bathrooms.
Additions shall be consistent with required setbacks and shall not be
located on primary or highly visible elevations.
d. If there is evidence of interior alterations and original building plans are
not available, the guestrooms shall be restored to the probable size and
configuration as proposed by a preservation architect and subject to
approval by the historic preservation/design review board.
(6) There shall be no cooking facilities/equipment in guestrooms. One small
refrigerator with maximum capacity of five cubic feet shall be permitted in each
guestroom. All cooking equipment which may exist shall be removed from the
structure with the exception of the single main kitchen of the house.
(7) The bed and breakfast inn may serve breakfast and/or dinner to registered
guests only. No other meals shall be provided. The room rate shall be inclusive
of meal(s) if they are to be made available; there shall be no additional charge for
any meal. Permitted meals may be served in common rooms, guestrooms or on
outside terraces (see subsection 142-1401(9)). The meal service is not
considered an accessory use and is not entitled to an outside sign.
(8) Permitted meals may be served in areas outside of the building under the
following conditions:
a. Existing paved patios shall be restored but not enlarged. If no paved
surface exists, one consistent with neighboring properties may be installed.
b. The area shall be landscaped and reviewed under the design review
process. Landscape design shall effectively buffer the outdoor area used
for meals from adjacent properties.
C. Any meal served outdoors shall be carried out from inside facilities.
Outdoor cooking, food preparation, and/or serving/buffet tables are
prohibited.
(9) Notwithstanding subsections (7) and (8) above, bed and breakfast inns that have
had historic assembly use prior to December 18, 2010, for which documentation
is accepted and confirmed by the planning director or designee, may be
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permitted to have limited nonentertainment assembly uses (including, but not
limited to: art exhibits, corporate seminars, educational lectures and
presentations), ., and similar assembly uses without entertainment as defined
in section 142-13611, if approved by the planning board as a conditional use,
subject to the following limitations:
a. The assembly uses shall consist of private events by invitation only, not
open to members of the general public;
b. The assembly events shall end no later than 11:30 p.m.;
C. Invitations to assembly events must indicate that no street parking is
available for the events, and direct guests to city parking lots or licensed
private parking lots; and
d. No deliveries to the bed and breakfast inn shall occur before 9:00 a.m., or
after 5:00 p.m. during weekdays, and before 10:00 a.m., or after 3:00
p.m., during weekends.
e. No speakers shall be permitted in outdoor areas.
(10) The entire building shall be substantially rehabilitated and conform to the South
Florida Building Code, property maintenance standards, the fire prevention and
life safety code and the U.S. Secretary of the Interior's Standards for
Rehabilitation of Historic Buildings, as amended. In addition, the entire main
structure shall have central air conditioning and any habitable portion of
auxiliary structures shall have air conditioning units.
(11) Building identification sign for a bed and breakfast inn shall be the same as
allowed for an apartment building in the zoning district in which it is located.
(12) The maximum amount of time that any person other than the owner may stay in
a bed and breakfast inn during a one-year period shall not exceed three months.
(13) The required off-street parking for a licensed bed and breakfast inn shall be the
same as for. a single-family residence. There shall be no designated loading
zones on any public right-of-way and required parking spaces shall not be
constructed on swales, public easements or rights-of-way.
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 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.
This Ordinance shall take effect ten days following adoption.
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PASSED and ADOPTED this day of Tune 2014.
MAYOR
ATTEST:
CITY CLERK ..•••''" "''•• APPROVED AS TO FORM
AND LANGUAGE
�" '• AND FOR EXECUTION
:XORP ORATED:
• � ► �� z 14
• � `� '�.J'-' City Attorney Date
First Reading: Mays : ( 1j ' Y'
1 C ` ly=
Second Reading: J e 11, 201 .
Verified By: 9�! Lt_
Thomas R. Mooney, AICP
Planning Director
Underline = new language
StFakethFough = deleted language
T:\AGENDA\2014\May\Bed& Breakfast Criteria- ORD First Read.docx
4
COMMISSION ITEM SUMMARY
Condensed Title:
Second Reading to consider an Ordinance Amendment to clarify the definition of a Bed and Breakfast
Inn.
Key Intended Outcome Supported:
Maintain strong growth management policies.
Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of
businesses rate the effort put forth by the City to regulate development is"about the right amount."
Item Summa /Recommendation:
SECOND READING—PUBLIC HEARING
The proposed Ordinance would modify the definition of a bed and breakfast Inn by clarifying that the
eligible structure must have originally been constructed as a single family home and is not licensed as
an apartment.
On May 21, 2014, the City Commission: 1) accepted the recommendation of the Land Use and
Development Committee via separate motion; and 2) approved the Ordinance at First Reading and
scheduled a Second Reading Public Hearing for June 11, 2014.
The Administration recommends that the City Commission adopt the Ordinance.
Advisory Board Recommendation:
On February 25, 2014, the Planning Board recommended approval of the subject Ordinance by a
vote of 7 to 0.
Financial Information:
Source of Amount Account
Funds: 1
2
3
OBPI Total
Financial Impact Summary:
In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long-term economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budget.
City Clerk's Office Legislative Tracking:
Thomas Mooney
Sign-Offs:
Department Director Assistant City Manager City Manager
T:WGENDA\2014\June\Bed&Breakfast Criteria-SUM 2nd Read.docx
AGENDA ITEM 95D
MIAMIBEACH DATE
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of he City t::on
FROM: Jimmy L. Morales, City Manager
DATE: June 11, 2014 SEC ND READING —PUBLIC HEARING
SUBJECT: Bed & Breakfast Criteria
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY
AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS"
ARTICLE V "SPECIALIZED USE REGULATIONS," DIVISION 7 "BED AND
BREAKFAST INNS," SECTION 142-1401, "CONDITIONS FOR BED AND
BREAKFAST INNS," TO ADDRESS AND CLARIFY THE ELIGIBILITY FOR
CONTRIBUTING BUILDINGS IN HISTORIC DISTRICTS TO BE
CONVERTED TO BED & BREAKFAST INNS WITHIN THE CITY OF MIAMI
BEACH; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION;
AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
BACKGROUND
On March 13, 2013, the City Commission referred a discussion item to the Land Use
and Development Committee (LUDC), regarding a proposed amendment to clarify the
eligibility for contributing buildings in historic districts to be converted to Bed & Breakfast
Inns.
On July 22, 2013, the LUDC referred to the Planning Board an ordinance to clarify the
eligibility for contributing buildings in historic districts to be converted to Bed & Breakfast
Inns, by requiring that the existing structure shall not have originally been constructed as
an apartment building.
ANALYSIS
Bed and breakfast inn is defined as a historic structure originally built as a single-family
residence, which is owner occupied and operated to provide guest rooms with breakfast
and/or dinner included as part of the room rate. Section 142-1401 of the Land
Development Regulations of the City Code details the conditions for permitting Bed and
Breakfast Inns. The original rationale for the adoption of these Bed and Breakfast Inn
regulations was to encourage the adaptive reuse of single family structures in newly
created local historic districts, such as the Flamingo Park neighborhood. Since
demolition of structures would be unlikely to be permitted, Bed and Breakfast Inns were
seen as an alternative that could provide an economically viable use of these structures.
To date, a small number of Bed and Breakfast Inns have been created under this
provision.
Commission Memorandum
Bed&Breakfast Criteria
June 11, 2014 Page 2 of 2
On December 8, 2010, the City Commission adopted an amendment to the Bed &
Breakfast regulations, modifying them to permit non-residential structures within historic
districts to be converted to bed and breakfast inns under specified conditions. This was
primarily designed to permit "The Temple House", a former synagogue building located
at 1415 Euclid Avenue to become a bed and breakfast and have accessory commercial
uses. Unfortunately, after the amendment was adopted it was found to contain language
that inadvertently permitted apartment buildings that had been converted to single family
usage to then be converted to transient use, which is contrary to the intention of the
original ordinance. The amendment set forth in the Ordinance is necessary to clarify the
eligibility for Bed and Breakfast Inns to correct this oversight.
PLANNING BOARD REVIEW
On February 25, 2014, the Planning Board recommended approval of the Ordinance by
a vote of 7 to 0.
FISCAL IMPACT
In accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration evaluated the long term economic
impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is
not expected to have any tangible fiscal impact.
SUMMARY
The original intention of the Bed and Breakfast Inn regulations was to allow the adaptive
reuse of single family structures in newly created local historic districts, which could
provide an economically viable use of these structures. In 2010 the City Commission
adopted an amendment which inadvertently permitted an avenue for an apartment
building to be converted to a Bed & Breakfast Inn, by first converting to a single family
home, contrary to the original intention. This Ordinance clarifies the eligibility
requirements for a Bed & Breakfast Inn by requiring that such structure have been
originally constructed as a single family residence and is not classified as an apartment
building.
On May 21, 2014, the subject Ordinance was approved at First Reading.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
JLM/JMJ/TRM/MAB
T:\AGENDA\2014\June\Bed&Breakfast Criteria-MEM 2nd Read.docx
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