Ordinance 2022-4519 R-PS4 Amendment For Accessory Uses
ORDINANCE NO. 2022-4519
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 142 OF THE CITY CODE ENTITLED "ZONING
DISTRICTS AND REGULATIONS," ARTICLE II, ENTITLED "DISTRICT
REGULATIONS," DIVISION 18, ENTITLED "PS PERFORMANCE STANDARD
DISTRICT," BY AMENDING SECTION 142-693, ENTITLED "PERMITTED
USES," TO MODIFY RESTRICTIONS APPLICABLE TO NEIGHBORHOOD
IMPACT ESTABLISHMENTS INTENDED TO PREVENT IMPACTS ON
NEIGHBORING RESIDENTIAL COMMUNITIES; AND PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach (the "City") has the authority to enact laws which
promote the public health, safety and general welfare of its citizens; and
' WHEREAS, the City seeks to encourage investment in restaurants and promote social
dining; and
WHEREAS, the current R-PS4 zoning district regulations permit neighborhood impact
establishments subject to certain specified conditions; and
WHEREAS, the current R-PS4 regulations require outdoor seating areas above the
ground floor to close by 8:00 PM each night; and
WHEREAS, additionally, the current R-PS4 regulations prohibit ambient-level background
music in outdoor areas above the ground floor; and
WHEREAS, certain restaurant operators ("Operators") seek to open within the R-PS4
district; and
WHEREAS, these Operators seek to utilize existing outdoor rooftop terraces until 11:00
PM on weekdays (Sunday — Wednesday) and 12:00 AM on weekends (Thursday — Saturday),
with 30 additional minutes for cessation of operations each night; and
WHEREAS, these Operators seek to play ambient background level music on these
existing outdoor rooftop terraces to improve the dining experience for their patrons while adhering
to safeguards intended to prevent impacts on adjacent residential properties, including restricting
any music to an ambient volume level (i.e. a volume that does not interfere with normal
conversation), utilizing a digital tamper-resistant sound level limiter, directional speakers, and
other sound attenuation techniques; and
WHEREAS, the amendments set forth below 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:
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SECTION 1. Chapter 142, "Zoning Districts and Regulations," at Article II, entitled "District
Regulations," at Division 18, entitled "PS Performance Standard Districts," of the Land
Development Regulations of the Code of the City of Miami Beach, Florida, is hereby amended as
follows:
CHAPTER 142
ZONING DISTRICTS AND REGULATIONS
* * *
ARTICLE II. DISTRICT REGULATIONS
* * *
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-PS1
Category 1, 2 3, 4 1, 2, 3, 4
P
Single-family; townhome; Apartment
apartment; apartment P P P hotel
hotel pursuant to section
142-1105 of this chapter not
permitted
Hotel and suite hotels
pursuant to section 142- N P P N
1105 of this chapter
Not
permitted
Hostel, pursuant to in C-PS1,
section 142-1105 of this N N C-PS2;
Permitted
chapter in C-PS3
and C-
PS4
P
Commercial N N P 8% of
floor area
2
1
Institutional C C C 1.25% of
floor area
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 N
counter which is adjacent 5th Street
to a property with an only.
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 with
Neighborhood impact 250 or more hotel units,
establishments N as a conditional use. C N
Access to the
establishment entrance
shall be only from the
interior lobby of the
hotel and not from the
street. In addition, in
the R-PS-4 district this
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use is also permitted as
an accessory use to an
oceanfront apartment
building with more than
300 units that is
adjacent to a park, as a
conditional use,
provided that the
accessory use is
located in a separate
building from the
primary use, and the
accessory use is a
minimum of 8,000
square feet in size.
P*
Alcoholic beverage
establishments
pursuant to the
regulations set
Accessory forth in chapter 6 P* P P
are prohibited in
the RPS-1 district,
unless otherwise
specified.
P—Main permitted use C—Conditional use N—Not permitted
*—Accessory use only
Floor area in the RM-PS1 district refers to total floor area in project. Commercial uses in
RM-PS1 limited to stores and restaurants.
(b) For purposes of this section, a car wash, filling station and any use that sells gasoline,
automobiles or automotive or related repair uses are considered as industrial uses and are
not permitted in the redevelopment area.
(c) For purposes of this section, pawnshops and dance halls and entertainment establishments
are not permitted as a main permitted or accessory use south of Fifth Street.
(d) In the R-PS1, 2, 3 and 4 districts, the number of seats for accessory restaurants or bars that
serve alcohol shall be limited to a maximum of 1.25 seats per hotel or apartment unit for the
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entire site. The patron occupant load, as determined by the planning director or designee, for
all accessory restaurants and bars that serve alcohol on the entire site shall not exceed 1.5
persons per hotel and/or apartment unit. For a hotel or apartment property of 20 units or
more, but 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.
(e) Commercial and noncommercial parking lots and garages shall be considered as a
conditional use in the R-PS1, 2, 3 and 4 districts.
(f) Video game arcades shall be considered as a conditional use in the C-PS1, C- PS2, C-PS3,
and C-PS4 districts.
(g) New construction of structures 50,000 square feet and over in the C-PS1, 2 3, and 4 districts
(even when divided by a district boundary line) shall be considered as a conditional use,
which review shall be the first step in the process before the review by any of the other land
development boards.
(h) Religious institutions in R-PS1-4 and C-PS1-4 districts shall be permitted as a matter of right
up to 199 occupancy, and over that occupancy shall be a conditional use.
(i) Additional regulations for alcoholic beverage establishments located south of 5th Street.
(1) The following additional regulations shall apply to alcoholic beverage establishments,
whether as a main use, conditional use, or accessory use, that are located south of 5th
Street:
(i) Operations shall cease no later than 2:00 a.m., except as otherwise provided herein.
(ii) Operations in outdoor or open air areas of an alcoholic beverage establishment
shall cease no later than 12:00 a.m., except as otherwise provided herein.
(iii) Alcoholic beverage establishments with sidewalk cafe permits shall only serve
alcoholic beverages at sidewalk cafes during hours when food is served, shall cease
sidewalk cafe operations no later than 12:00 a.m. (except as otherwise provided
herein), and shall not be permitted to have outdoor speakers.
(iv) Outdoor bar counters shall be prohibited.
(v) No special events permits shall be issued.
(vi) The provisions of this subsection (i)(1) shall not apply, to the extent the
requirements of this subsection are more restrictive, to an alcoholic beverage
establishment with a valid business tax receipt that is in application status or issued
prior to June 28, 2016; or an establishment that has obtained approval for an
alcoholic beverage establishment from a land use board, and which land use board
order is active and has not expired prior to June 28, 2016.
A. Existing sidewalk cafes issued a sidewalk cafe permit as of June 28, 2016, for
alcoholic beverage sales after 12:00 a.m., with food service, may continue to
be renewed, but shall not serve alcoholic beverages later than 1:30 a.m., and
alcoholic beverages may not be consumed at sidewalk cafes after 2:00 a.m.
B. Should an alcoholic beverage establishment with a sidewalk cafe permit under
(A), above, be delinquent in a payment obligation to the city, and/or receive two
final adjudications of violations of section 12-5 (special event permit), section
46-152 (noise ordinance), or chapter 82, article IV, division 5 (sidewalk cafe
ordinance),that alcoholic beverage establishment shall only be allowed to serve
alcoholic beverages at its sidewalk cafe until 12:00 a.m. for a 12-month period.
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(2) Notwithstanding the uses permitted in (a) and (d) above, in all districts except GU,
Government Use District, no alcoholic beverage establishment, or restaurant, may be
licensed or operated as a main permitted, conditional, or accessory use in any open area
above the ground floor (any area that is not included in the FAR calculations) located
south of 5th Street, Except that:
(i) Outdoor restaurant seating above the ground floor, not exceeding 40 seats,
associated with indoor venues (except as provided under (iii) below) may be
permitted until 8:00 p.m.
(ii) Outdoor music, whether amplified or nonamplified, and television sets shall be
prohibited.
(iii) Oceanfront hotels in the R-PS4 district. For purposes of this subsection (iii),
eastward-facing oceanfront portions of an open-air seating area shall be limited to
the open area 50 feet west of the eastern boundary of the above-ground structure.
A. Oceanfront hotels in the R-PS4 district with at least 200 hotel units may have
no more than 100 outdoor restaurant seats in open-air seating areas on one
level that are located above the ground floor, of which at least half shall be
located on eastward-facing oceanfront portions of an open-air seating area, at
which patrons shall be seated no later than 12:00 a.m., and the seating area
shall be closed to the public no later than 1:30 a.m. Patrons shall not be seated
in the remainder of any open-air seating areas in a particular hotel later than
11:00 p.m., and such seating areas shall be closed to the public no later than
12:00 a.m. Seating on the main roof shall not be permitted under any
circumstances.
B. Oceanfront hotels in the R-PS4 district with at least 100 hotel units, but less
than 200 hotel units, may have no more than 50 outdoor restaurant seats in
eastward-facing oceanfront portions of open-air seating areas that are located
on one level above the ground floor, at which patrons shall be seated no later
than 12:00 a.m., and the seating area shall be closed to the public no later than
1:30 a.m. Seating on the main roof shall not be permitted under any
circumstances.
(iv) Oceanfront apartment buildings in the R-PS-4 district. Accessory uses approved as
a conditional use to oceanfront apartment buildings with more than 300 units,
located adjacent to a park and in a separate building from the primary use with a
minimum square footage of 8,000 square feet shall be permitted subject to the
following restrictions:
A. A maximum patron-occupant load of no more than 250 individuals may be
permitted on an open level above the ground floor. The patron-occupant load
shall be determined by the Fire Marshall;_
B. The hours of operation for the open level above the ground floor shall be no
later than 11:00 PM each night on Sunday through Wednesday, and no later
than 12:00 AM each night on Thursday through Saturday, with an additional
30 minutes for cessation of operations permitted each night. The additional
30 minutes for cessation of operations shall only be utilized for staff to close
and clean up the area. No patrons shall be served later than 11:00 PM each
night on Sunday through Wednesday, and no later than 12:00 AM each night
on Thursday through Saturday. not be occupied past 8:00 p.m. each night;
6
C. Outdoor music and television sets, whether amplified or nonamplified, shall
be prohibited in any open levels above the ground floor;_Notwithstanding the
foregoing, recorded background music, played at a level that does not
interfere with normal conversation, may be permitted, provided that a sound
system with directional speakers and a digital tamper-resistant sound level
limiter is used to minimize impacts to adjacent properties. Nothing in this
subparagraph shall be construed to exempt an establishment from, or
otherwise limit the applicability of Section 46-152 to the accessory uses
permitted by this subsection.
D. Outdoor bar counters shall be prohibited;,
E. Special event permits are prohibited _
F. Notwithstanding the prohibition set forth in 142-693(i)(2), alcoholic
beverages are permitted in this an open level above the ground floor during
the hours of operations permitted under this subsection. until 8:00 PM each
night; and
G. Any open area above the ground floor shall only be open when the restaurant
is open serving full meals;,
H. With regard to ground floor outdoor areas the following restrictions shall
apply:
i. Outdoor bar counters shall be prohibited;
ii. No special event permits may be issued for this area;
iii. This area shall not be occupied later than 12:00 a.m. midnight each
night.
I. With regard to the interior area of this separate accessory use building, as
defined herein, the following restrictions shall apply:
i. The area shall not be occupied past 2:00 AM;
ii. No special event permits may be issued for this area.
kv,) Other than as permitted in subsection (i)(2)(iii)and (i)(2)(iv), no commercial activity
may be permitted on areas as described in this subsection (i)(2) between the hours
of 8:00 p.m. and 10:00 a.m.
vi Nothing herein shall prohibit residents of a multifamily(apartment or condominium)
building, or hotel guests and their invitees to use these areas as described in this
subsection (i)(2), which may include a pool or other recreational amenities, for their
individual, personal use.
(3) Any increase to an alcoholic beverage establishment's approved hours of operation
shall meet the requirements of this section.
(4) Variances from this subsection (i) shall not be permitted. Special events shall not be
permitted.
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SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
SECTION 3. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall
not be affected by such invalidity.
SECTION 4. 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 Miami Beach
City Code. The sections of this ordinance may be renumbered or relettered to accomplish such
intention, and the word "ordinance" may be changed to "section," "article," or other appropriate
word.
SECTION 5. EFFECTIVE DATE. ,�,��
This Ordinance shall take effect on the 6 day of /vovlm6Xr 2022.
PASSED and ADOPTED this cl day of aC6D-er; 2022.
12—/ -11-------___
Dan Gelber
Mayor WST•ATTE
OCT 2 7 2022
" APPROVED AS TO
Rafael E. Granado, City Clerk _=�'�f�i rJ �����,,
�P. FORM AND LANGUAGE
`. &FOR EXECUTION
IIJCORfilOWED
City Attorney QV_ Date
First Reading: September 14, 2022
Second Reading: October 2 , 202
Verified By:
T mas R. ooney, A P
Planning Director
T:\Agenda\2022\8_September 2022\Planning\RPS4 Amendment Accessory Uses-First Reading ORD.docx
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Ordinances-R5 C
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Aline T. Hudak, City Manager
DATE: October 26, 2022
10:20 a.m. Second Reading Public Hearing
SUBJECT:R-PS4 AMENDMENT FOR ACCESSORY USES
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 142 OF THE CITY CODE
ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE II,
ENTITLED "DISTRICT REGULATIONS," DIVISION 18, ENTITLED "PS
PERFORMANCE STANDARD DISTRICT," BY AMENDING SECTION 142-
693, ENTITLED "PERMITTED USES," TO MODIFY RESTRICTIONS
APPLICABLE TO NEIGHBORHOOD IMPACT ESTABLISHMENTS
INTENDED TO PREVENT IMPACTS ON NEIGHBORING RESIDENTIAL
COMMUNITIES, AND PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY,AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the subject Ordinance.
BACKGROUND/HISTORY
HISTORY
On May 25,2022,the City Commission referred the subject Ordinance Amendment to the Land
Use and Sustainability Committee (LUSC)and the Planning Board (item C4 B). The sponsor of
the proposal is Vice-Mayor Alex Fernandez.
On July 7, 2022, the LUSC recommended that the Planning Board transmit the item to the City
Commission with a favorable recommendation.
BACKGROUND
On November 18, 2020, the City Commission adopted Ordinance No. 2020-4379, which
allowed for Neighborhood Impact Establishments (NIE) that do not contain entertainment to
operate as an accessory use in the RPS-4 district under certain circumstances. This Ordinance
provided that any outdoor restaurant seating above the ground floor cease by 8:00 PM.
On November 17, 2021, the Planning Board approved a Conditional Use Permit for a new
restaurant with an NI E at 200 South Point Drive (File Number PB20-0392), pursuant to the
Page 614 of 1166
regulations set forth in Ordinance No. 2020-4379. This restaurant subsequently went out of
businesses.
ANALYSIS
PLANNING ANALYSIS
The proposed Ordinance would amend Section 142-693(i) of the LDR's, pertaining to
additional regulations for alcoholic beverage establishments located south of 5th Street.
Currently, accessory uses approved as a conditional use to oceanfront apartment buildings in
the R-PS4 district have several additional restrictions. The following is a summary of the
proposed amendments to accessory uses subject to these restrictions:
• The closing time for open levels above the ground floor,which were previously limited to 8:00
pm, seven (7)days a week, would now be 11:00 PM on weekdays (Sunday—Wednesday)and
12:00 AM on weekends (Thursday — Saturday). Provisions for an additional 30 minutes for
cessation of operations (staff closing and clean-up)are also included.
• Recorded background music, played at a level that does not interfere with normal
conversation, may be permitted, provided that a sound system with directional speakers and a
digital tamper-resistant sound level limiter is used to minimize impacts to adjacent properties.
The proposed Ordinance would allow an existing restaurant space located at 200 South Point
Drive to operate outdoor portions above the ground floor area later than 8:00 pm, as well as
provide ambient level, recorded music within the outdoor areas. Given the safeguards included
within the proposed Ordinance, the Administration has no objection to the proposed
amendments.
PLANNING BOARD REVIEW
The Planning Board held a public hearing on July 26, 2022 and transmitted the Ordinance to the
City Commission with a favorable recommendation(6-0).
UPDATE
The subject Ordinance was approved at First Reading on September 28, 2022, with no
changes.
SUPPORTING SURVEY DATA
Improve Business Opportunities
FINANCIAL INFORMATION
No Fiscal Impact Expected
CONCLUSION
The Administration recommends that the City Commission adopt the subject Ordinance.
Applicable Area
South Beach
Is this a"Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
Page 615 of 1166
City Code Section 2-14?
Yes No
Legislative Tracking
Planning
Sponsor
Vice-Mayor Alex Fernandez
ATTACHMENTS:
Description
Ordinance
Page 616 of 1166