Ordinance 2021-4396 Post Disaster Temporary Zoning Relief
ORDINANCE NO. 2021-4396
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI
BEACH, FLORIDA, BY AMENDING CHAPTER 118, ENTITLED
"ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE II, ENTITLED
"BOARDS," DIVISION 2, ENTITLED "PLANNING BOARD," SECTION 118-52,
ENTITLED "MEETINGS AND PROCEDURES"; DIVISION 3, ENTITLED
"DESIGN REVIEW BOARD," SECTION 118-75, ENTITLED "QUORUM AND
VOTING"; DIVISION 4, "HISTORIC PRESERVATION BOARD," SECTION 118-
106, ENTITLED "QUORUM AND VOTING"; AND DIVISION 5, ENTITLED
"BOARD OF ADJUSTMENT," SECTION 118-135, ENTITLED "MEETINGS AND
RECORDS," TO AMEND REQUIREMENTS PERTAINING TO ATTENDANCE
AND PARTICIPATION AT PUBLIC MEETINGS; BY AMENDING CHAPTER 118,
ENTITLED "ADMINISTRATION AND REVIEW PROCEDURES," CREATING
ARTICLE XIII, TO BE ENTITLED "TEMPORARY EMERGENCY USES," TO
ESTABLISH A PROCESS TO AUTHORIZE TEMPORARY USES DURING A
STATE OF EMERGENCY; BY AMENDING CHAPTER 142 OF THE CITY CODE,
ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE II,
ENTITLED "DISTRICT REGULATIONS," DIVISION 2, ENTITLED "RS-1, RS-2,
RS-3, RS-4 SINGLE-FAMILY RESIDENTIAL DISTRICTS," SECTION 142-106,
ENTITLED "SETBACK REQUIREMENTS FOR A SINGLE-FAMILY DETACHED
DWELLING," TO AUTHORIZE THE USE OF A CAMPER TRAILER OR
RECREATIONAL VEHICLE AS A TEMPORARY DWELLING DURING A STATE
OF EMERGENCY, WHERE A RESIDENCE HAS BEEN DEEMED
UNINHABITABLE; AND BY AMENDING CHAPTER 142 OF THE CITY CODE,
ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE IV,
ENTITLED "SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 1,
ENTITLED "GENERALLY," AT SECTION 142-874, ENTITLED "REQUIRED
ENCLOSURES," TO AUTHORIZE THE LIMITED OUTDOOR SALE AND
RENTAL OF HOME IMPROVEMENT PRODUCTS DURING A STATE OF
EMERGENCY; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, the South Florida area is particularly vulnerable to natural disasters,
especially tropical storms and hurricanes; and
WHEREAS, the City of Miami Beach has the authority to enact laws which promote and
protect the public health, safety, and welfare of its residents; and
WHEREAS, these amendments are necessary to accomplish all of the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
Section 1. Chapter 118, entitled "Administration and Review Procedures," at Article II, entitled
"Boards," is hereby amended as follows:
CHAPTER 118
ADMINISTRATION AND REVIEW PROCEDURES
ARTICLE II. BOARDS
* * *
DIVISION 2. PLANNING BOARD
* * *
Sec. 118-52. Meetings and procedures.
* * *
(d) Quorum and voting. A quorum shall constitute four regular members for an„ matter that
requires city commission approval. A quorum of five regular members is required for
-- •- - - - - - 'e - • • • - - - - -- - - -• - -- . .. - • - -- - - . An affirmative
vote of four regular members shall be required to approve a request before the board that
requires city commission approval. An affirmative vote of five regular members shall be
required to approve a conditional use request or matter to approve any other request that does
not require city commission approval. If an application is denied, the board shall provide a
written statement in support of its finding.
As applicable to meetings held during a state of emergency declared by the City, County,
or State that applies to the City of Miami Beach and that impacts the board's ability to meet in
person, a quorum of the board shall attend the meeting in person, and remaining board members
may attend and participate using communications media technology such as telephonic and
video conferencing, unless the in-person quorum requirement has been suspended by the
Florida Governor, by a court of competent jurisdiction, or otherwise suspended pursuant to
applicable law.
* * *
DIVISION 3. DESIGN REVIEW BOARD
* * *
Sec. 118-75. Quorum and voting.
A quorum shall consist of four regular members. An affirmative vote of four regular
members shall be required to approve an application for design review. Prior to a decision of
the design review board, the ex officio members shall submit a recommendation for each item
on the agenda. An affirmative vote of five regular members of the board shall be necessary to
approve any variance request. In addition, the city attorney shall determine whether a request
is properly before the board. If an application is denied, the board shall provide a written
statement in support of its finding.
As applicable to meetings held during a state of emergency declared by the City, County,
or State that applies to the City of Miami Beach and that impacts the board's ability to meet in
person, a quorum of the board shall attend the meeting in person, and remaining board members
may attend and participate using communications media technology such as telephonic and
video conferencing, unless the in-person quorum requirement has been suspended by the
Florida Governor, by a court of competent jurisdiction, or otherwise suspended pursuant to
applicable law.
DIVISION 4. HISTORIC PRESERVATION BOARD
* * *
Sec. 118-106. Quorum and voting.
The presence of a quorum shall be necessary to conduct a historic preservation board
meeting. A quorum shall consist of four members of the board. A majority vote of the members
present shall be necessary to approve all requests or to decide all issues coming before the
board with the following exceptions:
(1) Issuance of a certificate of appropriateness for demolition, recommendations for
historic designation and reclassification of properties listed as "historic" in the historic
properties database shall require five affirmative votes.
(2) The issuance of a certificate of appropriateness pertaining to revisions to any
application for a property where a certificate of appropriateness for demolition was
previously issued, including an after-the-fact certificate of appropriateness for
demolition, shall require five affirmative votes.
(3) The approval of any variance request shall require five affirmative votes.
(4) The issuance of a certificate of appropriateness pertaining to any application for new
construction, renovation or rehabilitation, except as otherwise provided in this section,
shall require four affirmative votes.
(5) In the event of a tie vote on a motion on all requests or issues coming before the board,
the motion shall be deemed denied.
As applicable to meetings held during a state of emergency declared by the City, County,
or State that applies to the City of Miami Beach and that impacts the board's ability to meet in
person, a quorum of the board shall attend the meeting in person, and remaining board members
may attend and participate using communications media technology such as telephonic and
video conferencinq, unless the in-person quorum requirement has been suspended by the
Florida Governor, by a court of competent Jurisdiction, or otherwise suspended pursuant to
applicable law.
* * *
DIVISION 5. BOARD OF ADJUSTMENT
* * *
Sec. 118-135. Meetings and records.
Meetings of the board of adjustment shall be held at least once monthly, or at such other
times as the board may determine, or upon call of the chairman. The board shall adopt its own
rules or procedures and keep minutes of its proceedings showing its action on each question
considered. A quorum shall constitute of four members of the board.
As applicable to meetings held during a state of emergency declared by the City, County,
or State that applies to the City of Miami Beach and that impacts the board's ability to meet in
person, a quorum of the board shall attend the meeting in person, and remaining board members
may attend and participate using communications media technology such as telephonic and
video conferencing, unless the in-person quorum requirement has been suspended by the
Florida Governor, by a court of competent jurisdiction, or otherwise suspended pursuant to
applicable law.
Section 2. Chapter 118, entitled "Administration Review Procedures," Article XIII, to be entitled
"Temporary Emergency Uses," is hereby created as follows:
ARTICLE XIII. TEMPORARY EMERGENCY USES.
Sec. 118-820. Purpose and intent.
It is the purpose and objective of this article to establish reasonable and uniform regulations
to protect the public health, safety, and welfare, and to provide for streamlined review of
applications for temporary uses and other land use approvals following a catastrophic event,
including, but not limited to, a fire, tornado, flood, tropical storm, hurricane, or other natural
disaster or act of God.
Sec. 118-821. Approval of temporary emergency uses.
During a state of emergency declared by the City in response to a natural disaster or other
catastrophic event, including, but not limited to, a fire, tornado, flood, tropical storm, hurricane, or
other natural disaster or act of God, the City Manager shall have the authority to approve
temporary emergency use permits for a duration of up to 120 days on any lot, regardless of the
underlying zoning district, for any temporary use which, as determined by the City Manager, will
aid in the reconstruction or recovery of an area adversely impacted by the natural disaster or
catastrophic event, subject to the following conditions:
fa) Prior to approving the location of a temporary emergency use, the City Manager must find
that the use will not have a significant effect on adjoining properties or on the immediate
surrounding neighborhood.
(b) The temporary emergency use shall not be subject to the requirements of chapters 122
through 148 of the land development regulations, unless the City Manager determines
that it is necessary to enforce a land development regulation against the use in order to
protect the peaceful and quiet enjoyment of adjoining properties, or that enforcement of
the land development regulation is required pursuant to the City Charter or State law.
roc The City Manager may impose additional conditions that may be necessary to protect the
peaceful and quiet enjoyment of adjoining properties.
fsil Upon the expiration of the temporary emergency use permit, the site must be fully restored
and returned to its pre-emergency state, unless a building permit is obtained to modify the
site.
The City Manager may require the posting of a completion bond or other guarantee in an
amount that, at a minimum, would cover the cost of the removal of any improvements
made to a site or cleaning/restoration of the site following the expiration of the approved
temporary emergency use permit.
f) An application for a temporary emergency use permit must be made while the declaration
of a state of emergency is in effect.
g) The City Manager shall have the sole and absolute discretion to revoke the temporary
emergency use permit at any time.
The Planning Department shall maintain records of all temporary emergency use permits
issued pursuant to this article.
The City Commission may, by resolution adopted following a duly noticed public hearing,
authorize the City Manager to extend any or all temporary emergency use permit approved
pursuant to this article for a period of up to one additional year.
Section 3. Chapter 142 of the City Code, entitled "Zoning Districts and Regulations," Article II,
entitled "District Regulations, at Division 2, entitled "RS-1, RS-2, RS-3, RS-4 Single-Family
Residential Districts," is hereby amended as follows:
CHAPTER 142
ZONING DISTRICTS AND REGULATIONS
ARTICLE II. — DISTRICT REGULATIONS
* * *
DIVISION 2. RS-1, RS-2, RS-3, RS-4 SINGLE-FAMILY RESIDENTIAL DISTRICTS
* * *
Sec. 142-106. Setback requirements for a single-family detached dwelling.
(b) Allowable encroachments within required yards.
* * *
(3) Boat, boat trailer, camper trailer or recreational vehicle storage.Accessory storage of such
vehicles shall be limited to a paved, permanent surface area within the side or rear yards.
No such vehicle shall be utilized as a dwelling, and any such vehicles shall be screened
from view from any right-of-way or adjoining property when viewed from five feet six inches
above grade.
Notwithstanding the foregoing, during a state of emergency declared by the City, a camper
trailer or recreational vehicle may be used as a temporary dwelling, subject to the following
conditions:
i. The principal residence on the property where the vehicle is located has been
deemed by the City to be uninhabitable as a result of the emergency.
ii. A Temporary Certificate of Use (TCU) is obtained prior to the use of the vehicle as
a dwelling. The TCU shall be valid for up to 120 days, but may be extended for up
to an additional 120 days if an applicant demonstrates progress toward repairing the
principal structure.
Hi. The application for the TCU must be made while the declaration of a state of
emergency is in effect.
iv. The vehicle may be located in the side or rear yard or, provided it does not encroach
into a public right-of-way, in the front yard. The vehicle need not be parked on a
paved or permanent surface, nor screened from view from a right-of-way. Upon the
expiration of the TCU, the vehicle must be relocated to comply with all applicable
provisions in the City Code and may no longer be used as a dwelling. Alternatively,
the vehicle must be removed from the property.
v. The vehicle is fully licensed, in good condition, and ready for highway use.
Section 4. Chapter 142 of the City Code, entitled "Zoning Districts and Regulations," Article IV,
entitled "Supplementary District Regulations," at Division 1, entitled "Generally," is hereby
amended as follows:
ARTICLE IV. SUPPLEMENTARY DISTRICT REGULATIONS
DIVISION 1. GENERALLY
* * *
Sec. 142-874. Required enclosures.
(a) Store enclosures. In all use districts designated in these land development regulations, the
sale, or exposure for sale or rent, of any personal property, including merchandise, groceries
or perishable foods, such as vegetables and fruits, is prohibited, unless such sale, or
exposure for sale, is made from a substantially enclosed, permanent building; provided,
however, that nothing herein contained shall be deemed applicable to rooftop areas not
visible from the right-of-way, filling stations, automobile service stations or repair shops;
uses having revocable permits or beach concessions operated or granted by the city,
newsracks or newspaper stands, or displays at sidewalk cafés as permitted in
subsection 82-384, wherever such uses are otherwise permissible. Vehicles for rent or lease
utilized in connection with the operation of an automobile rental agency as defined in section
102-356, and not located within a substantially enclosed permanent building, shall require
conditional use approval from the planning board, provided that the exposure of the vehicles
is on the same site at which the automobile rental agency is located, and that such exposed
vehicles are screened from view as seen from any right-of-way or adjoining property when
viewed from five feet six inches above grade, with appropriate landscaping not to exceed
three feet in height from grade.
Notwithstanding the foregoing, during a state of emergency declared by the City, the
requirement that personal property be sold or rented from a substantially enclosed, permanent
building may be waived by the City Manager subject to the following conditions:
1. The City Manager may, upon a finding that significant building damage has occurred,
identify specific areas of the City where personal property may be sold or rented outdoors.
2. Items permitted to be sold or rented shall be limited to home improvement products
including, but not limited to, hardware, construction supplies, electrical and plumbing
fixtures, lumber, tools, and lawn and garden supplies.
3. Businesses eligible for a waiver pursuant to this section shall be limited to businesses that
engaged in the sale or rental of home improvement products immediately prior to the
declaration of a state of emergency.
4. All outdoor sales and rentals shall occur on the same property as the primary business.
5. All accessible pedestrian circulation shall be maintained.
6. Vehicular circulation shall not be interrupted.
7. The number of accessible parking spaces shall not be reduced.
8. The waiver shall expire upon the termination of the state of emergency.
SECTION 5. Repealer.
All ordinances or parts of ordinances and all sections and parts of sections in conflict
herewith are hereby repealed.
SECTION 6. 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 part of the Code
of the City of Miami Beach, Florida, as amended. The sections of this ordinance may be
renumbered or relettered to accomplish such intention, and the word "ordinance" may be
changed to "section" or other appropriate word.
SECTION 7. 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 8. Effective Date.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this /3 day of `I6Ler , 2020.
opo Dan Gelber, Mayor
.IPICORP ORATE4to
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Rafae E. Granado, ' ity lerk dkl► lel LSV► c 01120
*City Attorney NV__ Da e
First Reading: December 9, 2020
Second Reading: January 13, 2021
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Verified By: ._i
Thomas R. Mooney, CP
Planning Director
T:Wgenda\2020\12 December 9\Planning\Temporary Emergency Zoning Relief-First Reading ORD.docx
Ordinances -R5 I
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila, Interim City Manager
DATE: January 13, 2021
5:02 p.m. Second Reading Public Hearing
SUBJECT: POST DISASTER TEMPORARYZONING RELIEF
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 118, ENTITLED
"ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE II,
ENTITLED "BOARDS," DIVISION 2, ENTITLED "PLANNING BOARD,"
SECTION 118-52, ENTITLED "MEETINGS AND PROCEDURES"; DIVISION
3, ENTITLED "DESIGN REVIEW BOARD," SECTION 118-75, ENTITLED
"QUORUM AND VOTING"; DIVISION 4, "HISTORIC PRESERVATION
BOARD," SECTION 118-106, ENTITLED "QUORUM AND VOTING"; AND
DIVISION 5, ENTITLED "BOARD OF ADJUSTMENT," SECTION 118-135,
ENTITLED "MEETINGS AND RECORDS," TO AMEND REQUIREMENTS
PERTAINING TO ATTENDANCE AND PARTICIPATION AT PUBLIC
MEETINGS; BYAMENDING CHAPTER 118, ENTITLED "ADMINISTRATION
AND REVIEW PROCEDURES," CREATING ARTICLE XIII, TO BE
ENTITLED "TEMPORARY EMERGENCY USES," TO ESTABLISH A
PROCESS TO AUTHORIZE TEMPORARY USES DURING A STATE OF
EMERGENCY; BY AMENDING CHAPTER 142 OF THE CITY CODE,
ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE II,
ENTITLED "DISTRICT REGULATIONS," DIVISION 2, ENTITLED "RS-1,
RS-2, RS-3, RS-4 SINGLE-FAMILY RESIDENTIAL DISTRICTS," SECTION
142-106, ENTITLED "SETBACK REQUIREMENTS FOR A SINGLE-FAMILY
DETACHED DWELLING," TO AUTHORIZE THE USE OF A CAMPER
TRAILER OR RECREATIONAL VEHICLE AS A TEMPORARY DWELLING
DURING A STATE OF EMERGENCY, WHERE A RESIDENCE HAS BEEN
DEEMED UNINHABITABLE; AND BY AMENDING CHAPTER 142 OF THE
CITY CODE, ENTITLED "ZONING DISTRICTS AND REGULATIONS,"
ARTICLE IV, ENTITLED "SUPPLEMENTARY DISTRICT REGULATIONS,"
DIVISION 1, ENTITLED "GENERALLY," AT SECTION 142-874, ENTITLED
"REQUIRED ENCLOSURES," TO AUTHORIZE THE LIMITED OUTDOOR
SALE AND RENTAL OF HOME IMPROVEMENT PRODUCTS DURING A
STATE OF EMERGENCY; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
RECOMMENDATION
Page 946 of 1954
The Administration recommends that the City Commission adopt the subject ordinance.
BACKGROUND/HISTORY
On December 11, 2019, at the request of Commissioner Mark Samuelian, the City
Commission referred the item to the Sustainability and Resiliency Committee (Item C4C). The
item was placed on the January 21, 2020 agenda of the newly created Land Use and
Sustainability Committee (LUSC). The item was deferred to the February 18, 2020 LUSC
meeting.
On February 18, 2020, the LUSC continued the item to May 6, 2020 for the development of an
ordinance. On May 6, 2020, the LUSC deferred the item to the May 26, 2020 meeting. On May
26, 2020 meeting, the LUSC deferred the item to the June 30, 2020 meeting. On June 30,
2020 the LUSC recommended that the City Commission refer the attached Ordinance to the
Planning Board.
On July 29, 2020,the City Commission referred the proposed Ordinance to the Planning Board
for review and recommendation(Item C4 E).
ANALYSIS
PLANNING ANALYSIS •
The proposed Ordinance includes provisions that are similar to a Miami-Dade County ordinance
pertaining to the use of home improvement stores and RV's subsequent to catastrophic
weather events. Staff has also reviewed several of the recommendations in the Resilient 305,
Bounce Forward 305 Resilient Urban Land Use Planning Toolkit and has incorporated
recommendations that would be useful post-disaster.
Additionally, in response to the current public health emergency related to the Covid-19
pandemic, the Administration has developed a process to allow quasi-judicial hearings to
proceed in a hybrid virtual/in-person format, consistent with social distancing guidelines. The
proposed Ordinance includes a procedure to allow such meetings of the Land Use Boards to
proceed in a similar manner during a locally declared state of emergency, unless the in-person
quorum requirement is suspended by the Governor or otherwise suspended pursuant to
applicable law.
The proposed Ordinance includes the following primary components, which would be
applicable during a locally declared state of emergency:
1. Hybrid Virtual/In-person Land Use Board Meetings — On March 20, 2020, the Florida
Governor issued Executive Order 20-69, (i) suspending any Florida Statute that requires a
quorum to be present in person or requires a local government body to meet at a specific public
place, and (ii) permitting local government bodies to utilize communications media technology
such as telephonic and video conferencing ("EO 20-69"). EO 20-69 expired on November 1,
2020. On October 28, 2020, the City Commission adopted Resolution No. 2020-31474 which,
in pertinent part, approved a procedure for the City Commission and Land Use Boards to
maintain a physically present quorum (consistent with Florida law) at meetings requiring action,
with remaining board members who are not physically present to participate virtually, due to the
extraordinary circumstances presented by the public health emergency.
Page 947 of 1954
The proposed Ordinance includes a procedure to allow meetings of the Land Use Boards to
proceed in a similar manner during a locally declared state of emergency that impacts a board's
ability to meet in person, unless the in-person quorum requirement is suspended by the
Governor or otherwise suspended pursuant to applicable law.
The idea behind this component is that if sufficent members to constitute a quorum can
participate at a physical meeting location, remaining board members could then participate
remotely (i.e. using communications media technology, such as telephonic and video
conferencing). For instance, in the case of the Planning Board,four members would need to be
physically present at a meeting location, and up to three members could participate remotely.
2. Temporary Uses — Under this section of the Ordinance, the City Manager would be
authorized to approve certain types of temporary uses during a declared Local State of
Emergency that involves a catastrophic event, such as a tropical storm, hurricane, or pandemic.
The temporary uses could occur on any parcel, regardless of zoning district, for a period of up
to 120 days. The use would have to assist in the reconstruction or recovery of the area and the
City Manager would have to find that the use does not negatively impact the surrounding area.
Conditions to the use could be imposed to ensure that the quality of life of the surrounding area
is maintained.As additional safeguards, the City Manager could limit the geographic areas for
the uses and revoke the permit for any reason. Should there be a need for the use to continue
beyond 120 days, the proposed Ordinance allows the City Commission to extend the permits
for up to an additional year by Resolution at a public hearing.
This is a recommendation from the Resilient 305, Bounce Forward 305 Resilient Urban Land
Use Planning Toolkit. Several cities in California, including Los Angeles, have similar
allowances for post-disaster temporary uses.As it is difficult to predict exactly what uses are
necessary to assist in the recovery of an area, the proposed section grants the City the
necessary flexibility, while providing sufficient safeguards to ensure that quality of life is
protected.
3. Authorize the use of Camper Trailers and Recreational Vehicles as a Temporary
Dwelling— The Ordinance would allow camper trailers and recreational vehicles to be used as
a temporary dwellings in the event a disaster causes the principle residence on a parcel to be
uninhabitable. The propsal requires that a Temorary Certificate of Use (TCU) be obtained
authorizing the use of the vehicle as a dwelling. The TCU would only be valid for 120 days. An
additional extension of 120 days is available if there is evidence of progress on repairs to the
primary structure.
Currently regulations in section 142-106 allow such vehicles to be located in side or rear yards
on paved, permanent surfaces and screened from view from the public right of way. The
proposal waives the pavement and screening requirements and also allows the vehicle to be
located in the front yard. The proposal also requires that the vehicle be licensed and ready for
highway use so that it can be easily moved once the TCU expires.
This is a recommendation from a Miami-Dade County Resolution to facilitate housing for victims
of natural disasters. Since it is limited to properties where the home is uninhabitable and for
Page 948 of 1954
limited periods of time, the proposal should not negatively impacts neighborhoods.
4. Authorize Outdoor Sale or Rental for Home Improvement Products — This portion of
the Ordinance is to allow businesses that sell or rent home improvement products to sell those
products outdoors within the same lot in which the business is located. The Ordinance allows
the City Manager to authorize outdoor sales for specific geographic areas once a local state of
emergency is declared. It recommends that this only be done for states of emergency where
significant building damage is incurred. The proposal also requires that the outdoor sales cease
once the state of emergency ends.
Currently section 142-874 requires commercial activity to take place in a substantially enclosed,
permanent building. During a state of emergency in which substantial building damage occurs,
there may be an increased need for home improvement products such as hardware,
construction supplies, lumber, and tools. In order to facilitate meeting the demand, businesses
that already sell those goods would be able to use outdoor areas to increase the area available
for inventory.
This is a recommendation from a Miami-Dade County Resolution to facilitate repairs and
reconstruction after natural disasters. Since it requires authorization from the City Manager and
must cease once the state of emergency ends, the proposal should not negatively impact
surrounding areas.
PLANNING BOARD REVIEW
On September 22, 2020, the Planning Board discussed the item and continued it to the
October 27, 2020 meeting to allow the item to be re-noticed. On October 27, 2020, the
Planning Board continued the item to the November 17, 2020 meeting. On November 17, 2020
the Planning Board held a public hearing and transmitted the Ordinance to the City Commission
with a favorable recommendation by a vote of 6-0.
UPDATE
The City Commission approved the subject Ordinance at first reading on December 9, 2020
with no changes.
CONCLUSION
The Administration recommends that the City Commission adopt the subject Ordinance.
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Planning
Sponsor
Page 949 of 1954
Commissioner Mark Samuelian
ATTACHMENTS:
Description
D Ordinance
D Ad
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Page 950 of 1954
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NOTICE OF PUBLIC HEARING CITY OF MIAMI BEACH
ORDINANCE AMENDING CD-2 ALTON ROAD NOTICE OF PUBLIC HEARING
OUTDOOR MOVIE THEATERS-REVISED BOUNDARIES ORDINANCE AMENDING POST
JANUARY 13, 2021 CITY COMMISSION MEETING DISASTER TEMPORARY ZONING RELIEF
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9 P 1.929705.6099 015.1 or 888.676./a99(Tal FreeL Wednar 10:i9109175690c
who do not have access to a computer and wish to provide public comment at the Commission meeting,
may appear in-person al the Miami Beach Convention Center,1901 Convention Center Orion,Washington VemOns al pr Wbk Needed to speer m an item Gdnp Ina muting,are reRwh to dee Pe'raise and'"son E using the Zoom app
Avenue Entrance,Room 237,Miami Beach,FL 33139.At this location,members of the public will be w pees 11 on the telephone to raise their hand.Menthes the public wfia do no!hew access las computer and with to provide punts
provided access to a computer to provide public comment(only In audio!arm)on agenda Itemis). comment al Mt Commisdan meaSng,may appear Inman al the hCaml Beach Convention Center,1901 Convention Center OMs,Wu/Angled
Arena Entrance,Room 237,Want Beach,FL 33139.Al INa louden.members dike public wit be pwsided access to a computer to provide
NOTICE IS HEREBY GIVEN that the following Public Hearing will be heard by the Mayor and City puhec comment lmtyIn audiwkrm)onRenda henget
Commissioners of the City of Miami Beach,Florida,on January 13,2021 at 5•.03 p.m.or as soon NOTICE IS HEREBY GIVEN that the lela yng MMIC Neuing cad be heard by the Mira and Cry Commtssianen o!the City d Miami
thereafter as the matter can be heard: Beach,florid.,an January 13,2021 41 502 p•m.was cool tlereaner ee the maser can be heed
5:03 p.m.Second Reedit*Public Hearing 5520,m.Second Reediest PoNIo Mewing
CD-2 ALTON ROAD OUTDOOR MOVIE THEATERS-REVISED BOUNDARIES POST DISASTER TEMPORARY ZONING RELIEF
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH.FLORIDA. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CRY OF MAUI BEACH.FLORIDA,AMENDING THE CODE OF THE
AMENDING THE CODE OF THE CITY OF MIAMI BEACH,FLORIDA,BY AMENDING CHAPTER 142, COY OF MCMI BEACH,FLORIDA,BY AMENOING CHAPTER 118.ENTITLED'ADMINISTRATION ANO REVIEW PROCEOURES,'ARTICLE II,
ENTITLED'ZONING DISTRICTS AND REGULATIONS,'ARTICLE II,"DISTRICT REGULATIONS,'DIVISION ENTITLED-BOARDS,'0551002,ENTTRED'PUNNING ROAR;SECTION 118-52,ENTRLB7MEETINGS AND PROCEOURES^,05SION
5, 'CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT.' SECTION 142-310, ENTITLED'SPECIAL 3,ENTITLED'ENSIGN RENEW BOARD;SECTION 11845,ENTITLES'W3tUM AND VOWING,DMSIDN a.'HISTORIC PRESEavABON
REGULATIONS FOR ALCOHOL BEVERAGE ESTABLISHMENTS,'TO MODIFY THE BOUNDARIES OF 90ARD;SECTION!14106,ENTITLED'pUORUM AND VOTING';AMD OMSios 5,ENTITLED'BOARD OF NOJUS7NENT;SECTION
THE AREA IN WHICH OUTDOOR MOTION PICTURE THEATERS AND ACCESSORY OUTDOOR BAR 11&139,ENTITLED'MEETINGS ANO RECORDS,'10 AMEND REQUIREMENTS PERTAINING TO ATTENDANCE AVD PARTICIPATION AT
COUNTERS ARE PERMITTED; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, TUBS MEETINGS;ENTITLED
HI AMENDORARY EM CHAPTER UE E:TITLED ESTABLISH
PRPRO1ES AND RENEW PROCEDURES.'UCRES DGARTICLENGSA19,
TE
AND AN EFFECTIVE DATE.This Ordinance is being heard pursuant to Section 116.764 of the City's Land OF BE ERTENCY STMPORARA'EMERGENCY 1 USES;HE RYCO A ENTITLEDS
TO A 0 DISTRICTS
TS/NO TEMPORARY USES DURING A SLATE
OF EMERGENCY;gY ANENDIMG CHAPTER 162 OF THE CITY CODE,ENTRLED'20NWG DISTRICTS ANO REGULATIONS,'ARTICLE V,
Development Code.Ingwries maybe directed to the Planning Department at 305.673.7550. ENTITLED'DISMICT REGULATIONS'055100 2,ENRTLED'R5-1,RS-2.195.3,R54 SINGLE-FAMILY RESIDENTIAL DISTt5C15:SECTION
INTERESTED PARTIES are leaded to take part in this meeting or be represented by an agent.The Ta2-706,ENTITED'SETBACK REOUIREMENTS FOR A SINGLE-FAMILYOF.TACHEO OWEWNG,'TO AUTHORIZE ME USE OF A CAMPER
public may submit written tnmm¢nla by sending an email ta:S'iiNCkrkGmfamibsaehR.aoV by 5:00 pm. TRAILER OR RECREATIONAL VEHICLE As ATEAIPORARY OwSLuNG DURING A STATE OFEMERGENCY,NHDIEA RESIDENCE HAS BEEN
the day before the City Commission Meeling,Please Identity the Agenda Item Number In the aural{subject
DEEMED UNINHABITABLE ANO BY AMENDING CHAPTER 142 OF THE COY CODE,ENTITLED'ZONING DISTRICTS AND REGULaltoels:
line,Entails received will be forwarded to the Mayor and Commissioners and will be included as a part of ARTICLEN.EYRTLEO-SUPPCENENTApY DISTRICT REGUU7WN5,'DMSION 1.ENTITLED•GENERALLY.'ATSECIIOI d aH,FMITLED
-REQUIRED ENCLOSURES,'TO AUTHORIZE THE LIMITED OUTDOOR SALE AND RENTAL OF HOME IMPROVEMENT PRODUCTS DURING
the meeting record, A STATE OF EMERGENCY;AND PROITOTNG FOR REPEALER.SEVERABILITY,CODIRCATION AND AN EFFECTIVE DATE the Odin.=re
Copies of Agenda Items are available for public Inspection at hlioter/wnuo.miamlbeacMlnov/dtv-hall/ being Aerial pursuant to leaden 118-181 date Cop's Land Omc*0ptrrenr Colt Seeds,tO5 dlbe CAy Chariot.and Et5504tFS.ingviiee may
eitYclerk/agenda'archivernain-page-2/.This meeting,or any item therein,may be continued,and Under be rendre Made Plamep&partment al 395627.7550
such circumstances,addtflonal legal notice need not be provided. INTERESTED PARTIES are Incited to take pest In this meeting or be represented by an agent The public nay submh mitten canmene
Pursuant to Section 266.0105.Fla.Stat.,the City hereby advises the public that If a person decides to
gaming an ental IS CdyOeHsamieMbesdlagw by SOO RIn,the day balsa me One Cammlosbe Nesting,PleaseWeu6ry the beards
appeal any decision made by the City Commission with respect to any matter considered at Re meeting arm Number In Pie ental auh;wl Hue.Erma teethed sig be forwarded m me Neer and LamiJdonus end w0 be Included as a Saws of
or Ise hearing,such person must ensure that a verbatim record of the proceedings Is made,which record the muting record.
Includes the testimony and evidence upon which the appeal Is to be based.This nodee does not conslltute Codes d Agenda leets ale avaIade Int pubic leases-eon at haps:/hnewneamibeachagorldtyhalidMdnhlagend►MchNemdn-
consent by the City for the Inlraduclion or admission of otherwise Inadmissible or Irrelevant evidence.nor
pasta Ties meets,orate anon!Miele maybe eentirtuM,and Sander ouch rewmstaneao,addMantl legal notice and not be Padded,
does It authorise challenges or appeals not otherwise allowed by law. Pursuant to Section 28E0195,Ra Stn,the Cay entry advises Pe PAN The it a orison deaidn la septal any daWlan made IN au
To request this material In alternate format, language Interpreter(live-day notice required),Information Cay Cesenksisn vast reseed W any mann considered al its matins ores henng,ouch Deno"nue ensure that a verbatim record et the
To accessrequest
forwith ate for,at.signaccommodationaIntlore-day any document orparticipatetopoceedngs is made+t:ch record indent.the lestinany and evidence opon.akn the coped h k be basrd.TNe nonce does not cmastute
persons anyconsent by the Dry la am Inbaducden an admhdon at eternise Inadmissible or Ineinam eddence,nor dim a ugh wire chapanaea or
In any Cilyspsnsored proceedings,call 305.604.2459 and select 1 for English or 2 for Spanish,then appeals nalathenske allowed by law,
epllan 6;TTY users may call.Aa 711(Florida Relay Snvlee). To reeuen etc muerW in alternate Iona.Or language i interpreter(Madly notice rewired).Iltkrmatlan on nun lar pawns web
The City Conmisslon Meeting will he broadcast live an Miami Beach TV(MBTVI,viewable on the City'a eseiNco,outgo any acwmmodaAen to mice any document Or overtook In em CBysP cared proce singe,call 305604.2480 and
website at htlosJ/www.rnlamlbeachl.oenioovernmentrmhtv/,as well as On Atlantic Broadband Cable select I for En5Haevr 2 for Spaniel,then option 6,TTY nen reword de 711 Markle Relay SeMeet.
channel 460,AT&T U-verse channel 99,Hatwire Communications channel 395,and ROKU device on The City Confession Meeting erg be brndcad We on!AfemlBeach TV(MEOW double onto Glyarebste atlethenuwmbm;beacM
PEG,TV channel,and On social media at Rttes;//WNW.facebook.cemicitAatmiamibeaCh. goelgorpre u.Vmket,Canal as en Meek Broadband Csde enamel 650,AT&T Averse channel 99.HOtcMe CammudWiona channel 395,
Rafael E.Grande,City Clerk cord ROKU device an PEGTV channel,end an weal media At hype/lenw.recebookcoMa:yoimlammunh.
City of Miami Beach Reset E Granada Chy perk
GRvCitxKRmamibeachtl.ecv Gry at Miami Beach
305.673,7411 OIsClerkdresrebeetRgor
305.613.7411
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