Ordinance 2022-4531 Vitamin Shop Regulations- LDR Amendment
ORDINANCE NO. 2022-4531
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CITY CODE OF THE CITY OF
MIAMI BEACH, BY AMENDING CHAPTER 114, ENTITLED "GENERAL
PROVISIONS," AT SECTION 114-1, ENTITLED "DEFINITIONS," TO
ESTABLISH A DEFINITION FOR "VITAMIN SHOP" AND RELATED
DEFINITIONS; AMENDING CHAPTER 142 OF THE CITY CODE, ENTITLED
"ZONING DISTRICTS AND REGULATIONS," ARTICLE II ENTITLED
"DISTRICT REGULATIONS," DIVISION 6, ENTITLED "CD-3 COMMERCIAL,
HIGH INTENSITY DISTRICT,"AT SECTION 142-335, ENTITLED"PROHIBITED
USES," TO PROHIBIT VITAMIN SHOPS IN THE CD-3 DISTRICT LOCATED
ALONG LINCOLN ROAD; AND AMENDING ARTICLE V ENTITLED
"SPECIALIZED USE REGULATIONS," TO ESTABLISH DIVISION 12,
ENTITLED "VITAMIN SHOPS,"TO ESTABLISH REGULATIONS TO LIMIT THE
PROLIFERATION OF VITAMIN SHOPS AS A PRIMARY USE AND MINIMIZE
THE IMPACT OF VITAMIN SHOPS AS AN ACCESSORY USE; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, in recent years, vitamin shops have proliferated in commercial districts of the
City; and
WHEREAS, the proliferation of vitamin shops may negatively impact the unique character
and mix of retail offerings in the City's commercial districts; and
WHEREAS, the City Commission finds that it is in the best interest of City to limit the
exposure of certain products sold by vitamin shops, which are not regulated and do not require a
medical prescription, to children and adolescents; and
WHEREAS, Lincoln Road is an iconic shopping area in the City of Miami Beach (the
"City"); and
WHEREAS, the Lincoln Road corridor has historically been composed of low-intensity
retail and service establishments, which primarily serve City residents; and
WHEREAS, Lincoln Road is a premier street in Miami Beach that provides residents and
visitors with a unique cultural, retail, and dining experience, which is vital to Miami Beach's
economy, especially the tourism industry; and
WHEREAS, in order to ensure consistency with the recently-adopted Lincoln Road Master
Plan, and to ensure the integrity of the Lincoln Road experience, the City Commission
recommends revising the use regulations for the subject area; and
WHEREAS, it is the intent of the City to limit the proliferation of establishments which may
negatively affect the subject area; and
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WHEREAS, the City Commission finds that it is in the best interest of its residents,
businesses, and visitors to adopt regulations to protect the public health, safety, welfare, and
morals; and
WHEREAS, the amendment set forth below is 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:
SECTION 1. That Chapter 114, entitled "General Provisions", at Section 114-1, entitled
"Definitions" is hereby amended as follows:
CHAPTER 114
GENERAL PROVISIONS
Sec. 114-1. Definitions.
• * *
Vitamin shop means any commercial establishment where the primary use is selling one or more
of the following products: health supplements, including vitamins, nutritional supplements, dietary
supplements, consumable hemp products, or performance enhancers. This definition excludes
medical cannabis treatment centers.
* * *
SECTION 2. That Chapter 142, entitled "Zoning Districts and Regulations," Article II entitled
"District Regulations," Division 6, entitled "CD-3 Commercial, High Intensity District," at section
142-335, entitled "Prohibited Uses," is hereby amended as follows:
CHAPTER 142
ZONING DISTRICTS AND REGULATIONS
* * *
•
ARTICLE II. DISTRICT REGULATIONS
* * *
DIVISION 6. CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT
* * *
Sec. 142-335. Prohibited uses.
* * *
(b) For properties with a lot line on Lincoln Road, between Alton Road and Collins Avenue, the
following additional uses are prohibited:
(1) Check cashing stores;
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(2)- Medical cannabis dispensaries (medical marijuana dispensaries);
(3) Convenience stores;
(4) Grocery stores;
(5) Occult science establishments;
(6) Pharmacy stores;
(7) Souvenir and t-shirt shops;
(8) Tattoo studios;
(9) Retail establishments larger than 45,000 square feet (except as otherwise provided in
section 142-332 and 142-333)(note: no variances shall be granted from the regulations
in this subsection (b)(9)); and
(10) Offices on the ground floor on that portion of Lincoln Road which is closed to traffic;
notwithstanding the foregoing, this prohibition does not include office uses located in a
mezzanine, or set back at least 75 feet back from the storefront. and
(11) Vitamin shops.
SECTION 3. That Chapter 142, entitled "Zoning Districts and Regulations," Article V entitled
"Specialized Use Regulations," Division 12, entitled"Vitamin Shops,"is hereby created as follows:
ARTICLE V. SPECIALIZED USE REGULATIONS
DIVISION 12. VITAMIN SHOPS
Sec. 142-1515. Intent.
It is the intent of this division to limit exposure of products sold by vitamin shops, which
are not regulated and do not require a medical prescription, to children and adolescents due to
the potential effects on health of certain products. It is also the intent to limit the proliferation of
vitamin shops in the city's commercial districts, particularly the city's premier retail corridors,which
draw both residents and visitors, and to minimize the negative impacts of these businesses on
the city's unique brand as a vacation destination.
Sec. 142-1516. Compliance with regulations.
(a) Vitamin shops as a primary use. Where a vitamin shop is the primary use of a site, building
or establishment (i.e., vitamin shop goods occupy 50 percent or more of the establishment's
floor area)the following shall apply:
(1) Prohibited locations. Such establishments are prohibited in the following locations:
Within 500 feet of any property used as a public or private elementary, middle, or
secondary school. The minimum distance separation requirement shall be
determined by measuring a straight line from the main entrance or exit of the
establishment which contains the vitamin shop to the nearest point of the property
line of the school.
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ii. In those specific areas that have been identified within the underlying zoning
district regulations in chapter 142, article II or overlay district regulations in chapter
142, article III of the City Code.
(2) Distance separation from vitamin shops. Vitamin shops shall not be located within 1,200
feet of another vitamin shop. The minimum distance separation requirement shall be
determined by measuring a straight line from the main entrance or exit of the
establishment which contains the vitamin shop to the nearest point of the property line of
the other vitamin shop.
(3) Determination of minimum distance separation. When a distance separation is required,
a scaled survey drawn by a registered land surveyor shall be submitted attesting to the
separation of the uses in question. This requirement may be waived upon the written
certification by the planning director or designee that the minimum distance separation
has been properly satisfied.
(b) Vitamin shops as an accessory use. Where vitamin shops are an accessory use to another
type of commercial establishment, and not the primary use, the following shall apply:
(1) No more than 10 percent of the floor area may be used for vitamin shop goods.
(2) Exterior signage is prohibited related to the accessory vitamin shop use and related
products.
(3) Vitamin shop merchandise shall not be visible from public rights-of-way.
(c) Variances. Variances from the requirements of this section shall be prohibited.
SECTION 4. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
SECTION 5. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or relettered to accomplish such
intention; and that the word "ordinance" may be changed to "section" or other appropriate word.
SECTION 6. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
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SECTION 7. EFFECTIVE DATE,
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this iQ day of beC•?rr)bQ(, 2022.
Dan Gelber
Mayor
ATTEST:
DEC 6 21177
Rafae E. Granado
City Clerk
_. ;,', APPROVED AS TO FORM AND
••�� LANGUAGE AND FOR EXECUTION
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Cy City Attorney Lw_. Date
First Reading: November 16, 2022
Second Reading: December 7, 2022
Verified By:
Thomas R. Mooney, AICP
Planning Director
T:\Agenda\2022\10_November 2022\Planning\Vitamin Shop Regulations-First Reading ORD.docx
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Ordinances-R5 F
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: December 14, 2022
5:01 p.m. Second Reading Public Hearing
SUBJECT:VITAMIN SHOP REGULATIONS -LDR AMENDMENT
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CITY CODE OF THE CITY
OF MIAMI BEACH, BY AMENDING CHAPTER 114, ENTITLED "GENERAL
PROVISION," AT SECTION 114-1, ENTITLED "DEFINITIONS," TO
ESTABLISH A DEFINITION FOR "VITAMIN SHOP" AND RELATED
DEFINITIONS; AMENDING CHAPTER 142 OF THE CITY CODE,
ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE II
ENTITLED "DISTRICT REGULATIONS," DIVISION 6, ENTITLED "CD-3
COMMERCIAL, HIGH INTENSITY DISTRICT," AT SECTION 142-335,
ENTITLED "PROHIBITED USES," TO PROHIBIT VITAMIN SHOPS IN THE
CD-3 DISTRICT LOCATED ALONG LINCOLN ROAD; AND AMENDING
ARTICLE V ENTITLED "SPECIALIZED USE REGULATIONS", TO
ESTABLISH DIVISION 12 ENTITLED "VITAMIN SHOPS," TO ESTABLISH
REGULATIONS TO LIMIT THE PROLIFERATION OF VITAMIN SHOPS AS
A PRIMARY USE AND MINIMIZE THE IMPACT OF VITAMIN SHOPS AS AN
ACCESSORY USE; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION,AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the subject Ordinance.
BACKGROUND/HISTORY
HISTORY
On March 9, 2022, the City Commission referred a discussion item regarding regulations for
vitamin stores to the Land Use and Sustainability Committee (C4 E). The sponsor of the item is
Commissioner Alex Fernandez.
On May 13, 2022, the LUSC discussed the proposal and continued the item to the July 7,
2022, meeting with direction to the Administration to bring back a draft Ordinance for review and
consideration. On July 7, 2022, the LUSC endorsed the attached draft Ordinance and
recommended that the City Commission refer the proposal to the Planning Board. Additionally,
Commissioners Ricky Arriola and David Richardson became co-sponsors of the item.
Page 597 of 952
On September 14, 2022, the City Commission referred the proposal to the Planning Board for
review and recommendation(Item C4 V).
BACKGROUND
In 2019, the Florida Legislature established Section 581.217, Florida Statutes, which created
the State Hemp Program; this program provides that hemp is not a controlled substance. The
statute defines hemp as "the plant Cannabis sativa L. and any part of that plant, including the
seeds thereof, and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of
isomers thereof, whether growing or not, that has a total delta-9-tetrahydrocannabinol
concentration that does not exceed 0.3 percent on a dry-weight basis." While hemp is
associated with cannabis, because the tetrahydrocannabinol (THC)is below 0.3 percent, it does
not have the same psychoactive effect typically associated with cannabis.
ANALYSIS
PLANNING ANALYSIS
Since the creation of the State Hemp Program, there has been a significant rise in the number
of retail stores selling hemp derived products, including CBD oils and smoking products. The
association these products have with marijuana has had a negative impact on many of the City's
neighborhoods. This potentially makes these areas undesirable for other types of businesses
and to residents and tourists.
Because hemp is not a controlled substance, it can only be regulated as dietary supplement or
vitamin. Therefore, to address the concerns related to a proliferation of such stores, the
attached Ordinance amendment has been drafted and includes the following provisions:
1.Amend section 114-1 of the Land Development Regulations (LDR's)to create a definition for
"vitamin shop" as follows:
Vitamin shop means any commercial establishment where the primary use is selling one or
more of the following products: health supplements, including vitamins, nutritional supplements,
dietary supplements, consumable hemp products, or performance enhancers."
2. Establish Division 12, to be entitled "Vitamin Shops" under Chapter 142, Article V, of the
LDR's entitled "Specialized Use Regulations," as follows:
a. Create regulations for vitamin shops where they are the primary use.
b. Establish a minimum distance separation requirement of 1,200 feet between vitamin shops.
c. Establish a minimum distance separation requirement of 500 feet between vitamin shops and
schools.
d. Create standards for determining distance separation requirements.
e. Create regulations where vitamin shops are an accessory use to another type of commercial
establishment. In such a situation, the vitamin shop goods would need to occupy less than 50
percent of the establishment's floor area. Where the vitamin shop is an accessory use, and not
the primary use, the establishment would not be subject to the distance separation
requirements; however, it would be subject to the following additional requirements:
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i. No more than 10 percent of the floor area may be used for vitamin shop goods.
ii. Exterior signage would be prohibited related to the vitamin shop use and related products.
iii. Vitamin shop merchandise must not be visible from public rights-of-way.
3. Amend section 142-335 (b) of the LDR's, pertaining to prohibited uses in the CD-3 district
fronting Lincoln Road between Alton Road and Collins Avenue,to add "vitamin shops" to the list
of prohibited uses.
If the subject Ordinance moves forward, a separate amendment to section 102-379 of the City
Code will be required, to establish a vitamin shop business tax receipt(BTR)category.
PLANNING BOARD REVIEW
The Planning Board held a public hearing on October 25, 2022 and transmitted the Ordinance
to the City Commission with a favorable recommendation (6-0).Additionally, the Planning Board
recommended that the threshold for accessory use vitamin stores be clarified so that there is no
conflict with the 10% floor area limit on vitamin products. The subject Ordinance has been
amended to include this recommendation.
UPDATE
The subject Ordinance was approved at First Reading on November 16, 2022, with no
changes.
SUPPORTING SURVEY DATA
Improve Residents Quality of Life
FINANCIAL INFORMATION
No Fiscal Impact Expected
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
Commissioner Alex Fernandez
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ATTACHMENTS:
Description
❑ Ordinance
D Ad
Page 600 of 952
SUNDRY NOWMOER 2710N I I NEIGHBORS I 19NE
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING -•:..
ORDINANCE AMENDING THE CITY CODE ESTABUSHING A DEFINITION FOR N RT H M I'
"VITAMIN SHOP"AND RELATED DEFINITIONS;PROHIBITING VITAMIN SHOPS IN
THE CD-3 DISTRICT ALONG LINCOLN ROAD;AND ESTABLISHING REGULATIONS
TO LIMIT THE PROUFERATION OF VITAMIN SHOPS AS A PRIMARY USE AND
MINIMIZE THE IMPACT OF VITAMIN SHOPS AS AN ACCESSORY USE
DECEMBER 14,2022 PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that on December 14,2022,et 5:01 p.m.,or as soon thereafter as the matter FY 2021-2022 CONSOLIDATED ANNUAL PERFORMANCE
can be heard,the Mayor and City Commissioners of the City of Kam Beach will hold a Second Readrp/ EVALUATION REPORT(CAPER)
Public Hearing on the following proposed Ordinance:
VITAMIN SHOP REGULATIONS October 1,2021,thru September 30,2022
LAND DEVELOPMENT REGULATIONS(LORI AMEND MENT In accordance with HUD regulations at 24 CFR 91.520, the Housing
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH. and Social Services Department ('HSS") must submit the City's
FLORIDA.AMENDING THE CITY CODE OF THE CITY OF MIAMI BEACH.BY AMENDING performance report to the U.S. Department of Housing and Urban
CHAPTER 114. ENTITLED 'GENERAL PROVISION; AT SECTION 114-1, ENTITLED "' ) within 90 days( HUD'DEFINITIONS,' TO ESTABLISH A DEFINITION FOR 'VITAMIN SHOP'AND RELATED after the close of the program
DEFINITIONS;AMENDING CHAPTER 142 OF THE CITY CODE. ENTITLED 'ZONING year. The City of North Miami ("City") is preparing a draft of the
DISTRICTS AND REGULATIONS;ARTICLE Il ENTITLED "DISTRICT REGULATIONS," FY 2021-2022 Consolidated Annual Performance Evaluation Report
DIVISION 6,ENTITLED'CD-3 COMMERCIAL,HIGH INTENSITY DISTRICT,'AT SECTION
142-335.ENTITLED'PROHIBITED USES,'TO PROHIBIT VITAMIN SHOPS IN THE CD-3 (CAPER), which will be submitted to the Miami HUD field Office on
•
DISTRICT LOCATED ALONG LINCOLN ROAD;AND AMENDING ARTICLE V ENTITLED or before December 16, 2022. The draft CAPER covers the period
'SPECIALIZED USE REGULATIONS',TO ESTABLISH DIVISION 12 ENTITLED'VITAMIN
SHOPS,' TO ESTABLISH REGULATIONS TO LIMIT THE PROLIFERATION OF VITAMIN from October 1,2021,to September 30,2022,and contains reporting
SHOPS AS A PRIMARY USE AND MINIMIZE THE IMPACT OF VITAMIN SHOPS AS AN information on housing and community development activities,
ACCESSORY USE;AND PROVIDING FOR REPEALER,SEVERABILITY, CODIFICATION,
AND AN EFFECTIVE DATE.This Ordinance is being heard pursuant to Section 118-164 of the including but not limited to the City's progress in carrying out its
CNy's Land Development Code,Seclbn 2.05 of the City Charter and§166.041 F.S.lnquines Five-Year Consolidated Plan,its fiscal year Annual Action Plan,and the
may be directed to the Planning Department at 305.573 7550
During the December 14,2022 Commission Meeting,the City Commission will be present status of its federal grant funds.
in the Commission Chamber,Miami Beach City Hall,1700 Convention Center Drive,3rd Floor, The CAPER requires a public comment period of not less than 15 days.
Miami Beech,FL 33139.AppRcents and the public are encouraged to attend the meeting virtually Therefore, residents and stakeholders will have the opportunity to
(as provided below).However,members of the public who wish to attend the meeting or provide
public comment in person may appear at the Commission Chamber, provide written input,views,and comments on the draft FY 2021-2022
To participate or provide comment virtually dunng the CommissionMeeting,the public CAPER. A summary of citizen comments(If any) relating to activities
may loin the webtner et:)11tas7lmiamlbeachfl-aovzocm.usty81392857671 or via telephone at: reported In the FY 2021-2022 CAPER will be included in the final
1.301.715.8592(U S)or 888.475.4499(Toll-Free)Webinar ID:813928576718 Members of the
public wanting to speak virtually on an Item during the meeting must click the"raise hand'icon if document for Its submission to HUD.
using the Zoom aPP or press•s on the telephone to raise their hand. The draft FY 2021-2022 CAPER will be available for public review and
INTERESTED PARTIES are invited to take pert in this meeting or be represented by an agent.
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5:00 p.m.the day before the City Commission Meeting.Please identity the Agenda Item Number at the Housing and Social Services Department's Office at 12300 NE
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