2017-4146 Ordinance HOSTEL, HOTEL, APARTMENT HOTEL AND SUITE HOTEL REGULATIONS
ORDINANCE NO. 2017-4146
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 114,
"GENERAL PROVISIONS," SECTION 114-1, "DEFINITIONS," TO
MODIFY THE DEFINITION OF "APARTMENT HOTEL," "HOSTEL,"
"HOTEL," AND "SUITE HOTEL"; BY AMENDING CHAPTER 142,
ENTITLED "ZONING DISTRICTS AND REGULATIONS," BY
AMENDING ARTICLE II, ENTITLED "DISTRICT REGULATIONS," TO
MODIFY MAIN, PERMITTED, AND PROHIBITED USES PERTAINING
TO APARTMENT HOTEL, HOTEL, SUITE HOTEL, AND HOSTEL IN
CERTAIN ZONING DISTRICTS; BY AMENDING ARTICLE IV,
ENTITLED "SUPPLEMENTARY DISTRICT REGULATIONS," BY
AMENDING DIVISION 3, ENTITLED "SUPPLEMENTARY USE
REGULATIONS," BY AMENDING SECTION 142-1105, ENTITLED
"SUITE HOTELS," BY CREATING CRITERIA, STANDARDS,
ALLOWABLE AND PROHIBITED DISTRICTS AND OCCUPANT
LIMITS FOR APARTMENT HOTELS, SUITE HOTELS, HOTELS AND
HOSTELS; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission desire to amend the existing land
development regulations pertaining to apartment hotels, hotels, suite hotels and hostels
Citywide; and
WHEREAS, Objective 2 of the Land Use Element of the City's Comprehensive Plan
provides that "[I]and development regulations will be used to address the location, type, size and
intensity of land uses and to ensure adequate land use compatibility between residential and
non-residential land uses"; and
WHEREAS, the Mayor and City Commission desire to regulate transient uses to protect
the health, safety, and welfare of its residents throughout the City; and
WHEREAS, under certain conditions, suite hotels, apartment hotels, hotels, and bed and
breakfast inns are currently allowable uses in designated zoning districts; and
WHEREAS, hostels and similar high occupancy transient uses are more intense than
other transient uses, and are therefore incompatible with certain land uses and zoning district
categories; and
WHEREAS, the amendments set forth below are necessary to accomplish the above
objectives.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. Chapter 114, entitled "General Provisions," is amended as follows:
CHAPTER 114
GENERAL PROVISIONS
Sec. 114-1. Definitions.
Apartment hotel means a building containing both a combination of suite hotel units,
apartment units and hotel units, under resident supervision, and having an inner lobby through
which all tenants must pass to gain access. An apartment hotel must contain at least one
apartment unit.
* * *
Hostel means a building occupied or intended to be occupied by transient residents, where
ingress or egress may or may not be through a common lobby or office that is supervised by a
person in charge at all times. A hostel provides communal or dormitory-style accommodations
where transient residents can rent a bed, usually a bunk bed (as opposed to renting an entire
unit, as in a hotel or suite hotel), and share a bathroom, lounge, and sometimes a kitchen.
Rooms can be mixed or single-sex, although private rooms may also be available. The
(a) For units between 300 and 335 square feet, occupancy shall be limited to four (4)
persons.
persons.
(c) For units larger than 486 square feet, occupancy shall be limited to eight (8) persons. No
hostel unit may be occupied by more than eight (8) persons.
* * * •
Hotel means a building occupied or intended to be occupied by transient residents, with all
residents occupying hotel units and where ingress or egress may or may not be through a
common lobby or office that is supervised by a person in charge at all times.
* * *
Hotel unit means a room, or group of rooms, each unit containing a separate bathroom
facility, with ingress or egress which may or may not be through a common lobby, intended for
rental to transients on a day-to-day, week-to-week, or month-to-month basis, not intended for
use or used as a permanent dwelling and without cooking facilities. (This term includes a suite
hotel unit, see section 142-1105.)
* * *
Suite hotel unit and suite hotel means a room, or group of rooms, each containing separate
bathroom and full cooking facilities, with ingress or egress which may or may not be through a
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common lobby, intended for rental to transients on a day-to-day, week-to-week, or month-to-
month basis, not intended for use or used as a permanent dwelling.
SECTION 2. Chapter 142, entitled "Zoning Districts and Regulations," is hereby amended as
follows:
CHAPTER 142
ZONING DISTRICTS AND REGULATIONS
* * .
ARTICLE II. - DISTRICT REGULATIONS
* * *
DIVISION 3. - RESIDENTIAL MULTIFAMILY DISTRICT
* * *
Subdivision II. - RM-1 Residential Multifamily Low Intensity
* * *
Sec. 142-152. - Main permitted uses.
The main permitted uses in the RM-1 residential multifamily, low density district are single-family
detached dwelling; townhomes; apartments; apartment hotels, hotels,. and suite hotels for
properties fronting Harding Avenue or Collins Avenue, from the City Line on the north, to 73rd
Street on the south (pursuant to section 142-1105 of this chapter); and bed and breakfast inn
(pursuant to article V, division 7 of this chapter).
* * *
Subdivision IV. - RM-2 Residential Multifamily, Medium Intensity
* * *
Sec. 142-212. — Main permitted uses.
The main permitted uses in the RM-2 residential multifamily, medium intensity district are single-
family detached dwellings; townhomes; apartments; apartment-_hotels;,.and hotels, hostels, and
suite hotels (pursuant to section 142-1105 of this chapter);
(a) Except that in the Palm View corridor, defined in this subdivision as all properties
abutting the west side of Meridian Avenue between 17th Street and Collins Canal,
apartment-_hotel or hotel uses are only permitted if issued a building permit or
occupational license prior to May 28, 2013, or are approved by the design review board
pursuant to a complete application filed and pending prior to May 28, 2013, in which
event they shall be considered a "legal conforming use." A property that has a "legal
conforming use" as used in this subsection prior to May 28, 2013, may retain all, and
apply for new, expansions and modifications to, permitted, conditional and/or accessory
uses permitted in the zoning category as of May 28, 2013, and apply for building permits
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to add, improve and/or expand existing structures, or construct new structures for
permitted, conditional and/or accessory uses permitted in the zoning category, if FAR
remains available.
(b) Except that in the West Avenue corridor, defined in this subsection as that area bordered
by Collins Canal to the north, Alton Road to the east, Biscayne Bay to the west, and 6th
Street to the south, apartment=hotel or hotel uses are only permitted if issued a building
permit or occupational license prior to May 28, 2013, or are approved by the design
review board pursuant to a complete application filed and pending prior to May 28, 2013,
in which event they shall be considered a "legal conforming use." A property that has a
"legal conforming use" as used in this subsection prior to May 28, 2013, may retain all,
and apply for new, expansions and modifications to, permitted, conditional and/or
accessory uses permitted in the zoning category as of May 28, 2013, and apply for
building permits to add, improve and/or expand existing structures, or construct new
structures for permitted, conditional and/or accessory uses permitted in the zoning
category, if FAR remains available.
The main permitted uses in the RM-2 residential multifamily, medium intensity district also
includes offices that are incidental and customary to a hotel in the RM-3 district fronting Collins
Avenue located no more than 1,200 feet from the RM-3 hotel property. For purposes of this
section, the distance between the RM-3 hotel property and the RM-2 office property shall be
measured by following a straight line between the properties' boundaries; further that office
property shall be governed by a restrictive covenant approved as a form by the city attorney,
recorded in the public records, stipulating that the office use may only remain as long as the
hotel use continues.
* * *
Sec. 142-215. - Prohibited uses.
The prohibited uses in the RM-2 residential multifamily, medium intensity district are
accessory outdoor entertainment establishment, accessory open air entertainment
establishment, as set forth in article V, division 6 of this chapter; and accessory outdoor bar
counter; for properties located within the Palm View and West Avenue corridors, hostels; and for
properties located within the Palm ViewT and West Avenue corridors, hotels and apartment-
hotels, except to the extent preempted by F.S. § 509.032(7), and unless they are a legal
conforming use. Properties that voluntarily cease to operate as a hotel for a consecutive three-
year period shall not be permitted to later resume such hotel operation. Without limitation, (a)
involuntary hotel closures due to casualty, or (b) cessation of hotel use of individual units of a
condo-hotel, shall not be deemed to be ceasing hotel operations pursuant to the preceding
sentence.
* * *
Subdivision V. - RM-3 Residential Multifamily, High Intensity
* * *
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Sec. 142-242. - Main permitted uses.
The main permitted uses in the RM-3 residential multifamily, high intensity district are single-
family detached dwelling; townhomes; apartments; apartment-_hotels;a-nd hotels, hostels, and
suite hotels (pursuant to section 142-1105 of this chapter).
Sec. 142-245. - Prohibited uses.
The prohibited uses in the RM-3 residential multifamily, high intensity district is are accessory
outdoor bar counter, except as provided in section 142-244-; for properties located within the
Sunset Harbour neighborhood, generally bounded by Purdy Avenue, 20th Street, Alton Road,
and Dade Boulevard, hostels; for properties located within the West Avenue corridor, hostels;
for properties located within the West Avenue Gcorridor, hotels and apartment-_hotels,
except to the extent preempted by Florida Statutes Section 509.032(7), and unless a legal
conforming use. Properties that voluntarily cease to operate as a hotel for a consecutive
three-year period shall not be permitted to later resume such hotel operation. Without
limitation, (a) involuntary hotel closures due to casualty, or (b) cessation of hotel use of
individual units of a condo-hotel, shall not be deemed to be ceasing hotel operations pursuant
to the preceding sentence.
DIVISION 5. - CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT
Sec. 142-302. - Main permitted uses.
The main permitted uses in the CD-2 commercial, medium intensity district are
commercial uses; apartments; apartment_ hotels. hotels, hostels, and suite hotels (pursuant to
section 142-1105 of this chapter); religious institutions with an occupancy of 199 persons or less
and alcoholic beverages establishments pursuant to the regulations set forth in chapter 6.
Alcoholic beverage establishments located in the following geographic areas within the CD-2
commercial, medium intensity district shall be subject to the additional requirements set forth in
section 142-310:
(a) Alton Road corridor. Properties on the west side of Alton Road and east of Alton
Court, between 5th Street and 11th Street, and between 14th Street and Collins
Canal; and properties on the east side of West Avenue, between Lincoln Road and
17th Street, except alcoholic beverage establishments fronting Lincoln Road
between West Avenue and Alton Road.
(b) Sunset Harbour neighborhood. The geographic area generally bounded by Purdy
Avenue to the west, 20th Street and the waterway to the north, Alton Road to the
east, and Dade Boulevard to the south.
* * *
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Sec. 142-305. - Prohibited uses
The prohibited uses in the CD-2 commercial, medium intensity district are accessory
outdoor bar counters, except as provided in Article IV, Division 2 of this chapter and in
Chapter 6. Except as otherwise provided in these land development regulations, prohibited
uses in the CD-2 commercial medium intensity district in the Sunset Harbour Neighborhood,
generally bounded by Purdy Avenue, 20th Street, Alton Road and Dade Boulevard, also
include hostels, outdoor entertainment establishments, neighborhood impact establishments,
open air entertainment establishments, bars, dance halls, and entertainment establishments
(as defined in section 114-1 of this Code).
* * *
DIVISION 6. - CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT
* * *
Sec. 142-332. - Main permitted uses.
The main permitted uses in the CD-3 commercial, high intensity district are commercial
uses; apartments; apartment_ hotels,; hotels, hostels, and suite hotels (pursuant to section 142-
1105 of this chapter); alcoholic beverage establishments pursuant to the regulations set forth in
chapter 6, and religious institutions with occupancy of 199 persons or less. Offices are
prohibited on the ground floor on that portion of Lincoln Road which is closed to traffic, unless
the office area is located in a mezzanine, or at least 75 feet back from the storefront; also
apartments, apartment/ hotels and hotels located on that portion of Lincoln Road shall comply
with section 142-335. Dance halls (as defined in section 114-1 of this Code) not also operating
as restaurants with full kitchens and serving full meals and licensed as alcoholic beverage
establishments are prohibited on properties having a lot line adjoining Lincoln Road, from the
Atlantic Ocean to Biscayne Bay, unless the dance hall is located within a hotel with a minimum
of 100 hotel units. Alcoholic beverage establishments located in the area generally bounded by
40th Street to the south, 42nd Street to the north, Alton Road to the west, and the Indian Creek
waterway to the east, shall be subject to the additional requirements set forth in section 142-
340.
* * *
DIVISION 11. - 1-1 LIGHT INDUSTRIAL DISTRICT
* * *
Sec. 142-485. - Prohibited uses.
The prohibited uses in the I-1 urban light industrial district are hostels, hotels, suite hotels,
apartment hotels, accessory outdoor bar counters, bars, dance halls, or entertainment
establishments (as defined in section 114-1 of this Code), outdoor entertainment
establishments, neighborhood impact establishments, open air entertainment establishments,
and residential uses, except as provided for in subsection 142-483(10).
* * *
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DIVISION 13. - MXE MIXED USE ENTERTAINMENT DISTRICT
Sec. 142-541. - Main permitted uses.
The main permitted uses in the MXE mixed use entertainment district are apartments;
apartment-_hotels,; hotels;, hostels, and suite hotels (pursuant to section 142-1105 of this
chapter); commercial development as specified in section 142-546, and religious institutions
with an occupancy of 199 persons or less.
* * *
DIVISION 18. - PS PERFORMANCE STANDARD DISTRICT
* * *
Sec. 142-693. - Permitted uses.
(a) The following uses are permitted in the performance standard districts:
General Use R-PS R-PS C-PS RM-PS 1
Category 1, 2 3, 4 1, 2, 3, 4
Single-family; townhome;
apartment; apartment/ hotel P P P A artment/ hotel
pursuant to section 142-1105 p
not permitted
of this chapter.
Hotel and suite hotel
pursuant to section 142-1105 N P P N
of this chapter.
Not permitted in C-
Hostel, pursuant to section N N PS 1 and C-PS2; N
142-1105 of this chapter. — — Permitted in C-PS3
and C-PS4
P
Commercial N N P 8% of
floor area
C
Institutional C C C 1.25% of
floor area
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Accessory outdoor bar
counters, provided that the
accessory outdoor bar
counter is not operated or
utilized between midnight
and 8:00 a.m.; however, for P*
an accessory outdoor bar N N North of 5th Street N
counter which is adjacent to only.
a property with an apartment
unit, the accessory outdoor
bar counter may not be
operated or utilized between
8:00 p.m. and 8:00 a.m.
Entertainment
establishments, outdoor
entertainment N N N N
establishments, and open air
entertainment
establishments
N
However, in the
R-PS4 district,
this use is
permitted, as an
accessory use in
oceanfront hotels
Ni hborhood impact with 250 or more
e g p N hotel units, as a C N
establishments conditional use.
Access to the
establishment
shall be only from
the interior lobby
of the hotel and
not from the
street.
Accessory P* P* P* P*
P—Main permitted use C—Conditional use N—Not permitted
* Accessory use only
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Floor area in the RM-PS 1 district refers to total floor area in project. Commercial uses in
RM-PS1 limited to stores and restaurants.
DIVISION 20. -TC NORTH BEACH TOWN CENTER DISTRICTS
* * *
Sec. 142-736. - Main permitted uses, conditional uses, accessory uses, and prohibited
uses.
(a) Land uses in the TC-1 town center core district shall be regulated as follows:
(1) The main permitted uses in the TC-1 district are commercial uses; alcoholic beverage
establishments pursuant to the regulations set forth in Chapter 6; apartments; apartment?
hotels,; hotels, hostels, and suite hotels (pursuant to section 142-1105 of this chapter). The
ground story frontage along 71st Street and Collins Avenue shall be governed by subsection
142-737(c). The provisions of chapter 6 concerning distance separation for consumption of
alcoholic beverages on-premises in restaurants shall not apply to this district.
(2) The conditional uses in the TC-1 district are adult living congregate facilities; new
construction of structures 50,000 square feet and over (even when divided by a district
boundary line), which review shall be the first step in the process before the review by any of
the other land development boards; outdoor entertainment establishment, neighborhood
impact establishment, open air establishment, nursing homes; religious institution; video
game arcades; public and private institutions; and schools and major cultural dormitory
facilities as specified in section 142-1332.
(3) The accessory uses in the TC-1 district are those uses permitted in Article IV, Division 2
of this Chapter; alcoholic beverage establishments and accessory outdoor bar counters
pursuant to the regulations set forth in Chapter 6; provided that the accessory outdoor bar
counter is not operated or utilized between midnight and 8:00 a.m.; however, accessory
outdoor bar counters located within 100 feet of an apartment unit may not be operated or
utilized between 8:00 p.m. and 8:00 a.m.
(4) The prohibited uses in the TC-1 district are pawnshops, and alcoholic beverage
establishments located in any open area above the ground floor (any area that is not
included in the FAR calculations), except as provided in this division. However, outdoor
restaurant seating, not exceeding 40 seats, associated with indoor venues may be permitted
in any open area above the ground floor until 8:00 p.m. with no background music (amplified
or nonamplified).
(b) Land uses in the TC-2 town center mixed-use district shall be regulated the same as for
uses in the TC-1 town center core district.
(c) Land uses in the TC-3 town center residential office district shall be regulated as follows:
(1) The main permitted uses in the TC-3 district are single-family detached dwelling,
townhomes, apartments and offices.
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(2) The conditional uses in the TC-3 district are apartment hotel, hotel, and suite hotel
(pursuant to section 142-1105 of this chapter); adult congregate living facility; day care
facility; nursing home; religious institutions; private and public institutions; schools; and
commercial or noncommercial parking lots and garages (with accessory commercial
uses) in accord with subsection 130-68(9).
3. In areas designated TC-3(c) on the zoning map, the following uses may be
permitted as conditional uses in addition to the uses in paragraph (2) above:
neighborhood-oriented retail and services uses, limited to 2,500 square feet
or less per establishment, located on the ground floor of buildings. Such
neighborhood-oriented retail and service uses shall be limited to antique
stores; art/craft galleries; artist studios; bakery or specialty food stores;
barber shops and beauty salons; coffee shop or juice bar; dry cleaner or
laundry with off-site processing (dry cleaning receiving station); newspapers,
magazines and books; photo studio; shoe repair; tailor or dressmaker; and
food service establishments with 30 seats or less (including outdoor cafe
seating) pursuant to the regulations set forth in Chapter 6, with alcohol limited
to beer and wine and closing no later than 12 midnight subject to limitations
established in the conditional use process. In addition, full service restaurants
serving alcoholic beverages pursuant to the regulations set forth in chapter 6,
and with 30 seats or more may be permitted only on waterfront properties
with a publicly accessible waterfront walkway in the area located south of 71st
Street.
(3) The accessory uses in the TC-3 district are those uses customarily associated with
the district purpose, as set forth in article IV, division 2 of this chapter, except that
apartment hotels, hotels, and suite hotels may have accessory uses based upon the
criteria below:
a. Hotels, apartment hotels, and suite hotels in the TC-3 district may include a
dining room operated solely for registered hotel visitors and their guests, located
inside the building and not visible from the street, with no exterior signs,
entrances or exits except as required by the Florida Building Code.
b. Hotels, apartment hotels, and suite hotels in the TC-3(c) district may include
accessory restaurants or alcoholic beverage establishments pursuant to the
regulations set forth in Chapter 6 when approved as part of the conditional use.
Such accessory restaurants or bars that serve alcohol shall be limited to a
maximum of 1.25 seats per hotel or apartment unit for the entire site. The patron
occupant load, as determined by the planning director or designee, for all
accessory restaurants and alcoholic beverage establishments on the entire site
shall not exceed 1.5 persons per hotel and/or apartment unit. For a hotel or
apartment property of less than 32 units, the restaurant or bar may have a
maximum of 40 seats in the aggregate on the site. The number of units shall be
those that result after any renovation. Accessory restaurants and bars shall be
permitted to sell alcoholic beverages for consumption only on the premises and
shall be limited to closing no later than 12 midnight subject to limitations
established in the conditional use process.
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c. Hotels and suite hotels located in the TC-3 or TC-3(c) districts may have other
accessory uses customarily associated with the operation of an apartment
building, as referenced in subsection 142-902(2), for the use of registered hotel
visitors and their guests only.
(4) The prohibited uses in the TC-3 district are hostels, accessory dance halls,
accessory entertainment establishments, accessory neighborhood impact
establishments, accessory outdoor entertainment establishment; accessory open air or
outdoor entertainment establishment as set forth in article V, division 6 of this chapter,
accessory outdoor bar counter and alcoholic beverage establishments located in any
open area above the ground floor (any area that is not included in the FAR calculations).
However, outdoor restaurant seating, not exceeding 40 seats, associated with indoor
venues may be permitted in any open area above the ground floor until 8:00 p.m. with no
background music (amplified or nonamplified).
(5) There shall be no variances to these provisions.
(d) Ordinances elsewhere in these land development regulations that refer to the zoning
districts that existed prior to this amendment, i.e., RM-1, CD-2, and CD-3, shall remain
applicable to the properties lying within these TC-1, -2 and -3 districts, as if each such reference
was amended to correspond to the new TC districts (RM-1 as to TC-3; CD-2 as to TC-2; and
CD-3 as to TC-1), unless a provision in the TC districts expressly addresses the matter, in which
case the TC regulation shall control.
ARTICLE IV. SUPPLEMENTARY DISTRICT REGULATIONS
* * *
DIVISION 3. SUPPLEMENTARY USE REGULATIONS
* * *
Sec. 142-1105. -Suites hotel, apartment hotel, hostel, and hotel.
j Suite hotel units and suite hotels, as defined in section 114-1 of the land development
regulations, and shall conform with the following regulations:
(1) When a hotel unit contains cooking facilities it shall be considered as a suite
hotel unit. Suite hotel units may have full cooking facilities, provided the unit is at
least 550 square feet in size. The units shall only be permitted in new
•
-. -. •
.-. a . e . . a "•,-e e e .. "•-e - me e.•.e
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(2) Cooking facilities in units of less than 550 square feet shall be limited to one
microwave oven, and one five-cubic-foot refrigerator. Notwithstanding the
foregoing, district suites hotels located within a local historic district, local
historic site, or national register district may have full cooking facilities in units
with a minimum of 400 square feet.
(-3-) - --• - - - - - - - - - - - - - - -
{4}(3) A minimum of 20 10 percent of the total gross area shall be maintained as
common area, however this requirement shall not apply to historic district suites
hotels. This provision shall not be waived or affected through the variance
procedure.
(5)(4) The building shall contain a registration desk and a lobby. {-a} Any transient
guest or occupant for a suite hotel unit must register at the registration desk.
Those transient guest(s) or occupant(s) are prohibited from accessing the suite
hotel unit without registration.
{6) The building shall have central air conditioning or flush-mounted wall units;
however no air conditioning equipment may face a street, bay or ocean.
{7) The building shall not have unenclosed exterior walkways that provide access to
the units; however this requirementshall not apply to historic district suites
hotels.
(-84(6) Should the facility convert from a suites hotel to a multifamily residential building,
the minimum average unit size and all other zoning requirements for the
underlying district shall be met.
(7) No suite hotel unit may be occupied by more than eight (8) persons.
Notwithstanding the foregoing, a suite hotel owner or operator may at its discretion
further restrict the maximum occupancy of a suite hotel unit from the maximum
occupancy set forth in this section 142-1105.
(8) Suite hotels shall be prohibited in all zoning districts and overlay districts that do
not list suite hotels as a permitted or conditional use.
Hostels, as defined in section 114-1 of the land development regulations, shall conform
with the following regulations:
L_11 Hostels shall comply with the minimum unit size requirements for hotels in the
underlying zoning district, unless otherwise provided.
(2) Hostels shall be permitted in the RM-2 and RM-3 zoning districts, provided the
occupancy of a hostel shall not exceed the following limits per individual unit:
a. For units less than 335 square feet, occupancy shall be limited to four(4) persons.
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b. For units between 335 and 485 square feet, occupancy shall be limited to six (6)
persons.
c. For units larger than 485 square feet, occupancy shall be limited to eight (8)
persons.
d. No hostel unit may be occupied by more than eight (8) persons.
e. Notwithstanding the foregoing, a hostel owner or operator may at its discretion
further restrict the maximum occupancy of a hostel unit from the maximum
occupancy set forth in this section 142-1105.
(3) Hostels shall be prohibited in all zoning districts and overlay districts that do not list
hostels as a permitted or conditional use.
.LcI Hotels and hotel units, as defined in section 114-1, shall conform with the following
regulations:
(1) Hotel units shall comply with the minimum unit size requirements in the underlying
zoning district.
M Cooking facilities in hotel units shall be limited to one microwave oven, one sink and
one five-cubic-foot refrigerator.
(3) Hotels located in the C-PS2, R-PS3, R-PS4, RM-1, RM-2 and RM-3 zoning districts,
as well as the Sunset Harbour neighborhood, generally bounded by Purdy Avenue,
20th Street, Alton Road, and Dade Boulevard, shall not exceed the following
occupancy limits per individual unit:
a. For units less than 335 square feet, occupancy shall be limited to four (4) persons.
b. For units between 335 and 485 square feet, occupancy shall be limited to six (6)
persons.
c. For units larger than 485 square feet,occupancy shall be limited to eight (8)
persons.
d. No hotel unit may be occupied by more than eight (8) persons.
e. Notwithstanding the foregoing, a hotel owner or operator may at its discretion
further restrict the maximum occupancy of a hotel unit from the maximum
occupancy set forth in this section 142-1105.
(4) Hotels shall be prohibited in all zoning districts and overlay districts that do not list
hotel as a permitted or conditional use.
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(5) The building shall contain a registration desk and a lobby for any transient guest or
occupant for a suite hotel unit or hotel unit. All transient guest(s) or occupant(s) of a
suite hotel unit or hotel unit must register at the registration desk and are prohibited
from accessing the suite hotel unit or hotel unit without registration.
j Apartment hotels, as defined in section 114-1, shall conform with the following
regulations:
LI1 All units shall comply with the minimum unit size requirements in the underlying
zoning district. In the R-PS2 district, the minimum unit size for hotel units shall be
335 square feet.
21 Cooking facilities in hotel units shall be limited to one microwave oven, one sink, and
one five-cubic-foot refrigerator.
j Hotel and suite hotel units located in the C-PS2, R-PS2, R-PS3, R-PS4, RM-2, and
RM-3 zoning districts, as well as the Sunset Harbour neighborhood, generally
bounded by Purdy Avenue, 20th Street, Alton Road, and Dade Boulevard, shall not
exceed the following occupancy limits per individual unit:
a. For units less than 335 square feet, occupancy shall be limited to four (4) persons.
b. For units between 335 and 485 square feet, occupancy shall be limited to six (6)
persons.
c. For units larger than 485 square feet, occupancy shall be limited to eight (8)
persons.
d. No hotel or suite hotel unit may be occupied by more than eight (8) persons.
e. Notwithstanding the foregoing, an apartment hotel owner or operator may at its
discretion further restrict the maximum occupancy of a hotel unit or suite hotel unit
from the maximum occupancy set forth in this section 142-1105.
(4) Apartment hotels shall be prohibited in all zoning districts and overlay districts that
do not list apartment hotel as a permitted or conditional use.
(5) The building shall contain a registration desk and a lobby for any transient guest or
occupant for a suite hotel unit, hotel unit, or the short term rental of an apartment
unit. All transient guest(s) or occupant(s) of a suite hotel unit, hotel unit, or the short
term rental of an apartment unit must register at the registration desk and are
prohibited from accessing the suite hotel unit, hotel unit or the apartment unit without
registration.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
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SECTION 4. SEVERABILITY.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
SECTION 5. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this 1$ day of &d7&',' , 2,,--- , ,.
ATTEST: �; ,: fes,.
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` 4� - - City Attor -y Date
First Reading: September 25, 2017 I m
Second Reading: October 18, 2017
(Sponsored by Commissioner Joy Malakoff)
Underline denotes new language
Striketh-reug44 denotes removed language
F:\ATTO\KALN\ORDINANCES\Hostel and Suite Hotel Regs-Second Reading ORD adopted as amended.docx
15
Ordinances - R5 K
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: October 18, 2017
5:01 p.m. Second Reading Public Hearing
SUBJECT HOSTEL, HOTEL,APARTMENT HOTEL AND SUITE HOTEL REGULATIONS:
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 114, "GENERAL PROVISIONS," SECTION 114-1,
"DEFINITIONS," TO MODIFY THE DEFINITION OF "APARTMENT HOTEL,"
"HOSTEL," "HOTEL," AND `SUITE HOTEL"; BY AMENDING CHAPTER 142,
ENTITLED "ZONING DISTRICTS AND REGULATIONS," BY AMENDING ARTICLE
II, ENTITLED "DISTRICT REGULATIONS," TO MODIFY MAIN, PERMITTED, AND
PROHIBITED USES PERTAINING TO APARTMENT HOTEL, HOTEL, SUITE
HOTEL, AND HOSTEL IN CERTAIN ZONING DISTRICTS; BY AMENDING
ARTICLE IV, ENTITLED "SUPPLEMENTARY DISTRICT REGULATIONS," BY
AMENDING DIVISION 3, ENTITLED "SUPPLEMENTARY USE REGULATIONS,"
BY AMENDING SECTION 142-1105, ENTITLED "SUITE HOTELS," BY CREATING
CRITERIA, STANDARDS, ALLOWABLE AND PROHIBITED DISTRICTS AND
OCCUPANT LIMITS FOR APARTMENT HOTELS, SUITE HOTELS, HOTELS AND
HOSTELS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
ANALYSIS
BACKGROUND
On June 7,2017,the City Commission adopted Ordinance 2017-4107,which amended the development and zoning
regulations in the West Avenue Bayfront Overlay. This ordinance was sponsored by Commissioner Joy Malakoff.
As part of this proposed ordinance, a definition of`Hostel'was created. In order to better define where hostels can
be located within the City, the Commission also referred the attached ordinance to the Land Use and Development
Committee and the Planning Board (Item R5 AF).
On June 14, 2017, the Land Use and Development Committee (LUDC) discussed the item, and directed staff to
include hotels in the proposed ordinance, as well as updates to the suite hotel regulations. The item was then
continued to a date certain of July 5,2017.
On July 5, 2017, the LUDC discussed the proposed ordinance pertaining to hostel locations and suite hotel
regulations and recommended that the Planning Board transmit the item to the City Commission with a favorable
recommendation, with a modification to prohibit hostels in RPS-4 districts. Commissioner Joy Malakoff is the
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sponsor of the ordinance.
PLANNING ANALYSIS
Prior to the creation of a definition for`hostel' in the City Code, for zoning purposes hostels were treated as a hotel,
or a suite hotel when the unit contained a kitchen. The main difference between a hotel use and a hostel use is that a
`hotel' consists of booking the entire room while a `hostel' typically means booking a bed space in a room occupied
by other people who have done the same.
Although a definition for hostel was created,with corresponding limits on room occupancy, specific locations for this
use have not yet been incorporated into the City Code. To be considered a hostel, a property must provide short-
term, shared (dormitory-style) accommodation for individual travelers, though many hostels also provide private
rooms. The word "dormitory" refers to a room where travelers independently book individual beds in a shared room
as opposed to booking entire rooms like in a hotel or guesthouse.
The attached ordinance identifies specific zoning districts for which hostels can be located, including those districts
where a unit size limit would be applicable. It also modifies the allowable and prohibited use sections of all
applicable zoning districts, to comport with the proposed changes and updates regarding hotels, apartment-hotels,
suite hotels and hostels. Finally, in Chapter 114, existing, applicable definitions have been modified, and new
definitions have been added,to better clarify the distinctions between hotel, apartment-hotel,suite hotel and hostel.
The following is a more specific summary of the proposed changes contained within the draft ordinance:
Section 114-1 —Definitions
• The definition of Apartment hotel has been modified to allow for of suite hotel units within `apartment-hotels'.
Additionally, the current standard of requiring that an apartment hotel contain at least one apartment unit has
been added to the definition.
• The definition of Hotel unit has been modified to include `hotels' and to require that each hotel unit contain a
separate bathroom facility. This change will better distinguish`hotels'from 'hostels'.Additionally,the reference
to`suite hotel unit has been removed,as'suite hotel'is now proposed as a separate definition.
• The definition of Hostel has been modified by removing the occupancy limits. This change reflects the
proposed modifications to Sec. 142-1105,where occupancy limits for hostels in lower intensity zoning districts
would be required.
• A definition of Suite hotel unit and suites hotel has been added. Since a `suite hotel' is distinguished from a
regular hotel by virtue of allowing full cooking facilities,a separate definition is more appropriate.
Section 142-1105-Suites hotel,apartment hotel, hostel and hotel
• The standards and requirements for`suite hotels' have been updated and slightly modified to better conform
to current standards for hotel units and facilities containing cooking facilities. In this regard, the previous
requirement for all units to consist of hotel units has been removed, in order to allow for a mix of units (i.e.an
`apartment-hotel'). Additionally, the requirement for a minimum common area has been reduced from 20%
of the gross floor area to 10%of the gross floor area. Finally,the previous prohibition on unenclosed exterior
walkways that provide access to the units has been removed.
• Standards and requirements for`hostels' have been created. This includes zoning districts that hostels are
permitted (both with and without occupancy limits), as well as those districts and overlays where hostels are
prohibited.
• Standards and requirements for `hotels' and `apartment-hotels' have been created. These include previous
limits on cooking facilities,as well as the creation of occupancy limits in certain zoning districts. The reason
for the occupancy limits is to ensure that the hotels are not operated as a `hostel'or similar high density use.
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• Currently,the existing requirement for a registration desk and a lobby for any transient guest or occupant are
only applicable to a suite hotel unit. The requirement for transient guest(s) or occupant(s) to register at the
registration desk is proposed to be extended to `hotels'and `apartment-hotels'.
PLANNING BOARD REVIEW
On July 25, 2017, the Planning Board transmitted the proposed Ordinance Amendment to the City
Commission with a favorable recommendation.
SUMMARY/UPDATE
The subject Ordinance was approved at First Reading on September 25, 2017. The item was also
referred to the Land Use and Development Committee (LUDC) for further discussion, prior to
Second Reading. The matter is scheduled to be considered by the LUDC on October 11, 2017. Due
to the timing of the closing of the Commission Agenda (October 10, 2017), the Administration will
provide the recommendation of the Committee on the floor of the Commission meeting.
Additionally, at the request of the item sponsor, specific areas of Sec. 142-1105 have been revised
slightly, in order to address concerns raised regarding occupancy loads. In this regard, it has been
explicitly clarified that operators and/or owners of hotel, hostel and suite hotel units have the authority
to require a lesser occupancy load than that specified in the City Code.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
Legislative Tracking
Planning
Sponsor
Commissioner Joy Malakoff
ATTACHMENTS:
Description
ID Form Approved ORD - Revised 2nd Reading
D Ad
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