98-3109 ORD
ORDINANCE NO. 98-3109
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING
ORDINANCE NO. 89-2665, AMENDING SECTION 3, ENTITLED
"DEFINITIONS" SUBSECTION 3-2, ENTITLED "TERMS DEFINED" BY
CREATING A DEFINITION FOR HOME BASED BUSINESS OFFICE;
AMENDING SECTION 6, ENTITLED "SCHEDULE OF DISTRICT
REGULATIONS" SUBSECTION 6-21, ENTITLED "REGULATION OF
ACCESSORY USES" BY LISTING HOME BASED BUSINESS OFFICES AS AN
ACCESSORY USE IN APARTMENT BUILDINGS AND SINGLE FAMILY
DISTRICTS; AMENDING SUBSECTION 6-22, ENTITLED "SUPPLEMENTARY
USE REGULATIONS" BY ESTABLISHING REGULATIONS FOR HOME
BASED BUSINESS OFFICES; PROVIDING FOR INCLUSION IN THE ZONING
ORDINANCE; REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City Commission, and the Land Use and Development Committee have
determined that it is in the public interest to allow certain businesses to be licensed in residential
districts and in hotels; and,
WHEREAS, there are now available office technologies, including computers, telephone
modems, facsimile machines, and similar devices that enable a home based business office to be
conducted within a residence with virtually no impact on adjacent or nearby residences; and,
WHEREAS, fostering home based business offices should encourage a reduction in
commuter traffic; and,
WHEREAS, the amendments set forth below are necessary to ensure 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. That Subsection 3-2, entitled "Terms Defined" of Section 3, entitled "Definitions"
of Zoning Ordinance 89-2665 of the City of Miami Beach, Florida is hereby amended by creating
a new Subsection 98.5 as follows:
3-2 TERMS DEFINED
* * *
2.[j, HOME BASED BUSINESS OFFICE: An accessOl::Y business office in a sin~le
family residence or Apartment Unit which is incidental to the primary residential Use
and which satisfies the criteria prescribed in Sub-section 6-22.1 ofthis Ordinance.
1
SECTION 2. That Subsection 6-21, entitled "Regulation of Accessory Uses" of Section 6, entitled
"Schedule of District Regulations" of Zoning Ordinance 89-2665 of the City of Miami Beach,
Florida is hereby amended as follows:
6-21 REGULATION OF ACCESSORY USES
* * *
B. Permitted Accessory Uses
1. Hotels are permitted to have any Accessory Use that is customarily
associated with the operation of a Hotel or Apartment Building.
2. Apartment Buildings may have Accessory Uses based upon the below
criteria:
a. Mechanical support equipment and administrative offices and Uses
that maintain the operation of the Building.
b. Washers and dryers shall be located inside a Structure or not visible
from a right-of-way.
c. A dining room which is operated solely for the residents in the
Building shall be located inside the Building and shall not be visible
from the Street with no Exterior Signs, entrances or exits except for
those required by the South Florida Building Code. However, a
dining room shall not be allowed in the RM -1 District except for
those dining rooms associated with Adult Congregate Living
Facilities.
d. Public telephones and vending machines shall only be permitted to be
located inside Buildings; however, automatic teller machines shall be
permitted on the Exterior walls of the Buildings.
e. Buildings in the RM-3 and R-PS4 Districts may have Commercial,
office, eating or drinking Uses with access to the Street if they are
either located in the ground floor space, Subterranean level or in the
highest floor of a Building; however, office space, when located on
the ground floor, shall be at least 50 feet from the front property line.
f. Solarium, sauna, exercise studio, health club or massage service for
use by residents or open to the public by an Individual licensed by the
State of Florida or other appropriate agencies.
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g. Any Accessory Commercial, office, or retail Uses shall not be located
on any floor, except the lobby or first floor, where there are
Apartment Units. This provision shall not apply to Home Based
Business Offices as provided for in Section 6-22.1 of this Ordinance.
* * *
E. Permitted Accessory Uses in Single Family Districts - those Uses which are
customarily associated with single family houses such as but not limited to decks,
swimming pools, spas, ornamental features, tennis courts. However, in no instance
shall landing or storage areas for a helicopter, or other aircraft, be permitted as an
accessory use. The Planning and Zoning Director may allow other Accessory Uses
if the Director finds after consultation with the Chairman of the Planning Board that
they will not adversely affect neighboring properties, based upon the criteria listed
in Section 17-3,B of this Ordinance. Appeal of the Director's decision is to the Board
of Adjustment pursuant to Section 16 of this Ordinance.
1. Day Care Facilities for the care of children are permitted if the following
mandatory criteria are met:
a. A maximum of five (5) children are permitted at anyone house.
b. Signs on the property advertising the Day Care Facility are
prohibited.
g. The Day Care Facility complies with all applicable requirements and
regulations of the Department of Health and Rehabilitative Services
and the City's Police, Fire and Building Departments. All of the
South Florida Building Code, Miami Beach Property Maintenance
Standards and Fire Prevention and Safety Code violations shall be
corrected prior to the issuance of a City Occupational License.
h. Play area shall only be located in the Rear Yard and equipment shall
be limited to three (3) pieces of equipment.
1. Day Care is prohibited on Sundays.
J. The Building shall maintain the external appearance of a single
Family home.
k. Site Plan shall be approved by the Planning and Zoning Director.
The plan shall include landscaping and a permitted wall or fencing
enclosing the Rear Yard.
1. Day Care Facilities shall not be located within 400 feet of another
such facility; except that this restriction shall not apply to State
3
licensed Family Day Care Homes as defined in Section 402.302 (5),
Florida Statutes (1987), as amended.
2. The Planning and Zoning Director may approve a second set of cooking
facilities if the residence contains at least 3,600 sq. ft. of Floor Area and the
arrangement of such facilities or conditions at the property shall not result in
the creation of an Apartment Unit. No more than one electric meter shall be
placed on the property and that portion of the residence having the second set
of cooking facilities shall not be rented. Appeal of the Director's decision
shall be to the Board of Adjustment.
3. Guest/Servants Quarters.
4. Home Based Business Office. as provided in Section 6-22.1 of this Ordinance.
SECTION 3. That Subsection 6-22, entitled "Supplementary Use Regulations" of Section 6,
entitled "Schedule of District Regulations" of Zoning Ordinance 89-2665 of the City of Miami
Beach, Florida is hereby amended by creating a new Subsection (I) as follows:
6-22 SUPPLEMENTARY USE REGULATIONS
* * *
1 Home Based Business Office
L Notwithstandin& any provision to the contrary herein contained, offices for
certain businesses. professions or occu,pations may be maintained within
residentially zoned areas as provided herein. Any person en~a~ed in a
business. profession or occu,pation who chooses to conduct said business.
profession or occupation from his or her personal. permanent, primary
residence shall, prior to conducting such business. profession or occu,pation,
apply for and receive an occllPationallicense for a Home Based Business
Office. Said applicant shall list his or her home address as a place of business
and must, at all times. comply with the followin~ criteria:
a... Home Based Business Office activities shall be accessory and clearly
incidental to the primary sin~le family residence or Apartment Unit.
h.. Home Based Business Office activities shall occur entirely within the
sin&le family residence or Apartment Unit.
4
c. Employees. in addition to the person en~a~ed in the business.
profession or occupation of the Home Based Business Office as
provided above, shall reside at the subject sin~le family residence or
Apartment Unit as a permanent resident: for pw:poses ofthis Section.
a "permanent resident" shall mean a person residin~ in a sin~le family
residence or Apartment Unit for no less than six months per calendar
~
.d.... No goods or services shall be disJ>ensed. sold, distributed or provided
directly from the sin~le family residence or Apartment Unit. except
for those transmitted by telephone. computer modem. facsimile or
other similar electronic means. with the exception of one business
pickup by courier per day in addition to regular U.S. Postal Service.
Bulk mailing shall not be allowed.
S!:. The aggregate of deliveries of any kind required by. received by. or
made in connection with a Home Based Business Office at a single
family residence or Apartment Unit shall not exceed one business
delivery by courier per day in addition to re~ular u.s. Postal Service.
f... No inventory or storage of materials. goods, products or sUJ>plies
shall be permitted at the single family residence or Apartment Unit,
except those minor supplies necessary for the operation of the Home
Based Business Office.
~ No materials. goods. products or sUJ>plies shall be displayed for sale
or kept as samples at the subject single family residence or Apartment
Unit. except those which can be readily transported in a hand carried
sample case.
h... No customer. client. business associate, sales person. assistant or
other non-resident shall be permitted to visit the Home Based
Business Office for ~mtPoses of transactin~ business.
1... The exterior of the sin&le family residence or Apartment Unit shall
not be altered in any manner to attract attention to the Home Based
Business Office or the residence as a place of business.
L. No signs indicating the presence of the Home Based Business Office
shall be located on or about the single family residence or Apartment
Unit.
k... No noise. odor. smoke. hazard or other nuisance of any type shall
arise from the conduct of the Home Based Business Office.
5
1. The operation of a Home Based Business Office shall not cause any
increase in parking at the sin~le family residence or Apartment Unit
or vehicular traffic to and from the single family residence or
Apartment Unit.
m. No vehicle with the name of a Home Based Business Office business
shall be parked or stored on the site. except in a closed garage.
n. The conduct of a Home Based Business Office shall not result in an
increase in demand on city services as compared to the average
typical residence of the same size.
o. Home Based Business Office activities may be advertised or
publicized provided that the address of the single family residence or
Apartment Unit shall not be referenced. and further provided that any
advertisement or publication shall not in any manner invite. attract or
draw persons to the sin~le family residence or Apartment Unit in
which the Home Based Business Office is located.
2. A Home Based Business Office which does not satisfy all of the above standards at
all times during operation shall be prohibited and no license shall be issued to an
applicant whose business operation would violate said standards.
.1. All Home Based Business Offices shall be required to obtain and maintain an
occupational license from the City of Miami Beach. at an annual fee of$25.00.
4. The City. upon probable cause to believe that there is a violation of one or more of
the provisions of this Subsection. may seek permission from the Code Compliance
Special Master to inspect a property in order to assist in making a finding as to
whether or not there is a violation: the City shall not inspect a property without the
aforedescribed permission.
2" A Home Based Business Office shall have no parking requirement in addition to the
requirement for the single family residence or Apartment Unit.
6. Nothing contained herein shall be deemed to authorize. legalize. or otherwise permit
a Home Based Business Office that is otherwise prohibited by a legally enforceable
restrictive covenant. association document or other instrument or restriction on such
use.
SECTION 4. INCLUSION IN ZONING ORDINANCE NO. 89-2665. 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 City of Miami Beach Zoning Ordinance No. 89-2665 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.
6
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SECTION 5. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and
the same are hereby repealed.
SECTION 6. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance
is held invalid, the remainder shall not be affected by such invalidity.
SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect on the 30th day of
May , 1998.
PASSED and ADOPTED this 20th day of
May
,1998.
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MAYOR
ATTEST:
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CITY CLERK
Underlined = new language
Strikeout = deleted language
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
April 24. 1998
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F:\PLAN\$ALL\DRAFT _ OR\@CITYCOM\RES-OFF3.0RD
DJG/JGGIMHF
1st reading 4/15/98
2nd reading 5/20/98
7
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\cLmiami-beach.f1.us
COMMISSION MEMORANDUM NO.
312-CJ<Z
TO:
Mayor Neisen Kasdin and
Members of the City Commission
DATE: May 20,1998
FROM:
Sergio Rodriguez
City Manager
,
SUBJECT: Second Rea mg Public Hearing - An Ordinance of the Mayor and City
Commission of the City of Miami Beach, Florida, Amending Comprehensive
Zoning Ordinance No. 89-2665, Amending Section 3, Entitled "Definitions" by
Amending Subsection 3-2, Entitled "Terms Defined" by Creating a Definition
for Home Based Business Office; Amending Section 6, Entitled "Schedule of
District Regulations" by Amending Subsection 6-21, Entitled "Regulation of
Accessory Uses" by Listing Home Based Business Offices as an Accessory Use
in Apartment Buildings and Single-Family Districts; Amending Subsection 6-22,
Entitled "Supplementary Use Regulations" by Establishing Regulations for
Home Based Business Offices; Providing for Inclusion in the Zoning Ordinance;
Repealer, Severability and an Effective Date.
RECOMMENDATION
The Administration recommends that the City Commission adopt on second reading public hearing
the proposed Ordinance.
BACKGROUND
In the spring of 1997, both the Capital ImprovementslFinance Committee and the Land Use and
Development Committee of the City Commission made an initial finding that it may be in the public
interest to allow home office businesses to be licensed in single-family and apartment residences
with certain restrictions to ensure there is no impact to surrounding residents and perhaps, that
limited offices should also be permitted in hotels. The request, in concept, was referred to the
Planning Board with the amending ordinance to effectuate these new license regulations
subsequently drafted by the Planning, Design & Historic Preservation Division.
AGENDA ITEM
~5A
S-20-9~
DATE
There are now available affordable and compact office technologies, including computers, telephone
modems, facsimile machines, etc. that enable "home offices" to be conducted within a single-family
residence or apartment with virtually no impact on adjacent uses or nearby properties. The granting
of occupational license for a "home office" could also encourage a reduction in commuter traffic.
The matter was originally heard by the Planning Board on April 29, 1997 and was continued to the
May 27, 1997 meeting. The Planning Board held the continued public hearing on May 27, 1997 and
voted 4-2, (1 vacancy) to approve an amendment. The amending ordinance has been modified to
address concerns raised at those public hearings by the public and members of the Board.
On July 3, 1997, the City Commission adopted subject Ordinance on first reading (5-0), but deleted
those parts of Section 2 which would have permitted limited office space in hotels. On July 16, 1997,
the City Commission voted 4-3 to adopt the ordinance; however, since five affirmative votes are
needed to adopt an amendment to the Zoning Ordinance, the adoption vote failed.
At the request of Fred Schwartz of the Palm-Hibiscus-Star Island Homeowners Association on
December 19, 1997, the proposed ordinance on home offices was referred back to the Land Use and
Development Committee of the City Commission for further discussion. The matter was discussed
at the February 5, 1998 meeting of the Committee, at which time some minor changes were proposed
to the amending ordinance so that it could be considered again on first reading by the Commission.
The changes included: amending the term "home office" to "home based business office", amending
the basis upon which a residence may be inspected for a home based business office violation,
requiring that there be "probable cause" and that there be a warrant issued by a Special Master to
allow for an inspection; and [mally, to limit the occupational license fee for a home based business
office to $25.00.
On April 15, 1998, the Ordinance was approved on first reading as amended (6-1). The Ordinance
was amended to include language relative to inspection of the property upon probable cause that
there is a violation. The Ordinance before the Commission today on second reading, incorporates
the above referenced change.
ANAL YSIS
The proposed Ordinance, as amended, is divided into three (3) primary sections.
Section 1.
This first section of the amendment would create a new definition for the term: "Home Based
Business Office". In summary, the definition would provide that an office (which is accessory to
the main permitted use) in a single-family residence or apartment unit would be permitted provided
said "Home Based Business Office" met the new regulations contained, therein.
Section 2.
This Section lists the newly defined "Home Based Business Office" as a permitted Accessory Use
within all apartment buildings and single-family residences, pursuant to newly created regulations
prescribed in Subsection 6-22.1, as described below.
Section 3.
This third primary Section of the amending ordinance would create a new Subsection within the
Supplementary Use Section of the Zoning Ordinance entitled "Home Based Business Offices"
containing the criteria for the review, approval and licensure of said offices. In summary, these new
regulations would require the following:
1. Home Based Business Office activities would be clearly incidental to the primary
residential unit.
2. The Home Based Business Office activity would occur entirely within the residential
unit.
3. Employees, in addition to the person engaged in the business, profession or
occupation of the Home Based Business Office as provided above, would be required
to reside at the subject single-family residence or Apartment Unit as a permanent
resident; for purposes of this Section, a "permanent resident" shall mean a person
residing in a single-family residence or Apartment Unit for no less than six months
per calendar year.
4. No goods or services would be dispensed, sold, distributed or provided directly from
the single-family residence or Apartment Unit, except for those transmitted by
telephone, computer modem, facsimile or other similar electronic means, with the
exception of one business pickup by courier per day in addition to regular U.S. Postal
Service. Bulk mailing shall not be allowed.
5. The aggregate of deliveries of any kind required by, received by, or made in
connection with a Home Based Business Office at a single-family residence or
Apartment Unit would not exceed one business delivery by courier per day in
addition to regular U.S. Postal Service.
6. No inventory of materials or storage of goods or supplies would be permitted at the
residence, except those minor supplies necessary for the operation of the Home
Based Business Office.
7. No goods would be displayed for sale or kept as samples at the subject residential
unit, except those which can be readily transported in a hand-carried sample case.
8. No customer, client, business associate, sales person, assistant or other non-resident
would be permitted to visit the Home Based Business Office for purposes of
transacting business.
9. The exterior of the residential unit would not be altered in any manner to attract
attention to the premises as a place of business.
10. No signs indicating the presence of the Home Based Business Office would be
located on or about the building or site.
11. No noise, odor, smoke, hazard or other nuisance of any type would be permitted to
occur due to the activities of the Home Based Business Office.
12. The operation of a Home Based Business Office would not cause any increase in
required and/or permitted parking at the site or vehicular traffic to and from the
subject site.
13. No vehicle with the name of a Home Based Business Office business would be
parked or stored on the site, except in accordance with the provisions regulating
Commercial Vehicles.
14. The activities of a Home Based Business Office would not result in an increase in
demand on City Services as compared to the average of a typical residence of the
same size.
15. Home Based Business Office activities may be advertised or publicized provided that
the address of the single-family residence or Apartment Unit would not be
referenced, and further provided that any advertisement or publication would not in
any manner invite, attract or draw persons to the single-family residence or
Apartment Unit in which the Home Office is located.
16. A Home Based Business Office which does not satisfy all of the above standards
would be prohibited.
17. Home Based Business Offices would be required to obtain an occupational license,
with an annual fee of$25.00.
18. The City, upon probable cause to believe that there is a violation of one or more of
the provisions of this subsection, may seek permission from the Code Compliance
Special Master to inspect property in order to assist in making a finding as to whether
or not there is a violation. The City shall not inspect a property without the
aforedescribed permission.
19. A Home Based Business Office would have no parking requirement in addition to
the requirement for the single-family residence or Apartment Unit.
As outlined above, the proposed criteria regulating a "Home Based Business Office" are designed
to ensure that this proposed accessory use has virtually no impact on surrounding properties. Also,
there is no additional parking requirement being proposed since the use should not generate any
additional parking demand.
On new first reading on April 15, 1998, additional language was added to ensure that the provisions
of this ordinance allowing home based business offices would not preempt other restrictions (such
as covenants, condominium by-laws, etc.) enforceable. More specifically, the proposed language
would be as follows: 6-22.1.6 -- Nothing contained herein shall be deemed to authorize, legalize or
otherwise permit a Home Based Business Office that is otherwise prohibited by a legally enforceable
restrictive covenant, association document or other instrument or restriction on use.
The last sections of the amendment provide for inclusion in the Zoning Ordinance, a repealer, a
severability clause and an effective date.
In reviewing a request for an amendment to the Zoning Ordinance or a change in land use, the City
Commission should consider the prescribed review criteria, when applicable, for such changes.
Since the amending ordinance would change the Accessory Uses section of the Zoning Ordinance,
the review criteria were determined to be applicable to this amendment request.
The review criteria and findings are as follows:
1. Whether the proposed change is consistent and compatible with the Comprehensive Plan and
any applicable neighborhood or Redevelopment Plans;
Consistent - The amendment would not require an amendment to the Goals and
Objectives or the Future Land Use Map of the Comprehensive Plan. The
amendment is not contrary to any neighborhood or Redevelopment plan.
2. Whether the proposed change would create an isolated district unrelated to adjacent or
nearby districts;
Consistent - The amendment would not change the underlying zoning district for any area
within the City. The intent of the amendment is to provide a broader
definition of "office" and create appropriate review criteria for the regulation
of home based business offices in residential zoning districts.
3. Whether the change suggested is out of scale with the needs of the neighborhood or the City;
Consistent - The amendment is in keeping with the overall goal of the City to provide its
citizens with appropriate and necessary land use regulations in keeping with
changing technological advances. We believe based on regular inquiries
from the public that there is an increasing demand for this type of office use.
4. Whether the proposed change would tax the existing load on public facilities and
infrastructure;
Consistent - Staff is of the opinion that the Level Of Service (LOS) for the area public
facilities and infrastructure should not be negatively affected by the proposed
amending ordinance, if at all. Indeed, accessory home offices in single-
family and apartment residences should not create a greater demand on
public facilities than the existing use. We believe that allowing for home
offices could actually reduce demand on infrastructure, particularly with
regard to roadway LOS.
5. Whether existing district boundaries are illogically drawn in relation to existing conditions
on the property proposed for change;
Not Applicable -
No underlying zoning district boundaries would be changed by the
amendment.
6. Whether changed or changing conditions make the passage of the proposed change
necessary;
Consistent - There are now available compact and affordable office technologies,
including computers, telephone modems, facsimile machines, etc. that enable
"home based business offices" to be created within a residence with virtually
no impact on adjacent uses or nearby properties.
7. Whether the proposed change will adversely influence living conditions in the neighborhood;
Consistent - The proposed changes should not negatively affect living conditions or the
quality of life for surrounding properties, provided the proposed review
criteria are met. Indeed, allowing people to remain at home to conduct
business may improve neighborhood safety by effectively providing more
daytime eyes and ears to watch over the neighborhood.
8. Whether the proposed change will create or excessively increase traffic congestion beyond
the Level Of Service as set forth in the Comprehensive Plan or otherwise affect public safety;
Consistent - Staff is of the opinion that the LOS for the area traffic circulation and/or
public safety should not be negatively affected by the proposed amending
ordinance, if at all. As described above, it may over time improve LOS in
some areas.
9. Whether the proposed change will seriously reduce light and air to adjacent properties;
Consistent - The amendment would not change the existing development regulations for
construction. The amendment proposes strict review criteria which, in staffs
opinion, would not reduce (or actually affect) light and air in any manner to
adjacent properties.
10. Whether the proposed change will adversely affect property values in the adjacent area;
Consistent - Staff is of the opinion that property values, in the adjacent areas would not
be negatively affected by the proposed amendment.
11. Whether the proposed change will be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations;
Consistent - The proposed amendment will not change the development regulations for
adjacent sites which must comply with their own site-specific development
regulations. Furthermore, the proposed ordinance should not affect the
ability for an adjacent property to be developed in accordance with said
regulations.
12. Whether there are substantial reasons why the property cannot be used in accordance with
existing zoning;
Consistent - The existing Zoning Ordinance does not now permit "home based business
offices". The amendment is an appropriate response to allow home offices
with strict review criteria to ensure said accessory offices have a minimal or
no effect on surrounding properties.
13. Whether it is impossible to find other adequate Sites in the City for the proposed Use in a
district already permitting such Use;
Consistent - The limited type of proposed accessory "home based business office" is not
currently permitted within any single-family zoning district within the City.
CONCLUSION
Based on the foregoing, the Administration has concluded that the City Commission should adopt
on second reading the proposed Ordinance as further amended on first reading.
SRI&J?b/cat
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