2017-4085 OrdinanceOcean Drive — Exterior Speaker Locations
ORDINANCE NO, 2017 -4085
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142,
"ZONING DISTRICTS AND REGULATIONS," ARTICLE II,
"DISTRICT REGULATIONS," DIVISION 13, "MXE - MIXED USE
ENTERTAINMENT DISTRICT, BY AMENDING SECTION 142 -546
THEREOF, ENTITLED "ADDITIONAL RESTRICTIONS FOR LOTS
FRONTING ON OCEAN DRIVE, OCEAN TERRACE AND COLLINS
AVENUE," TO CREATE REGULATIONS PERTAINING TO EXTERIOR
SPEAKERS ON LOTS FRONTING OCEAN DRIVE; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
WHEREAS, properties fronting Ocean Drive that have a zoning designation of MXE
Mixed Use Entertainment are located in the Ocean Drive /Collins Avenue Historic District, as well
as the Miami Beach Architectural National Register Historic District; and
WHEREAS, Ocean Drive is considered a premier street in Miami Beach and provides
residents and visitors with a unique cultural, retail, and dining experience and is vital to Miami
Beach's economy, especially the tourism industry; and
WHEREAS, sidewalk cafes are central to the economy of Ocean Drive and enhance the
pedestrian experience and historic and cosmopolitan character of the street; and
WHEREAS, it is the intent of the City to maintain the historic character of neighborhoods
and promote their unique cultural, retail, and dining experiences that are vital to the City's
economy; and
WHEREAS, the amendments set forth below are necessary to accomplish the objectives
identified herein.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter 142, "Zoning Districts and Regulations," Article II, "District Regulations,"
Division 13, "MXE Mixed Use Entertainment District," Is amended as follows:
CHAPTER 142
ZONING DISTRICTS AND REGULATIONS
*
ARTICLE II
DISTRICT REGULATIONS
DIVISION 13
MXE MIXED USE ENTERTAINMENT DISTRICT
Sec. 142 -546. Additional restrictions for lots fronting on Ocean Drive, Ocean Terrace
and Collins Avenue.
Lai In the MXE mixed use entertainment district permitted uses in existing buildings at the
time of adoption of this section with two stories or less fronting on Ocean Drive or Ocean
Terrace and any building fronting on Collins Avenue from Sixth Street to 16th Street shall
comply with the following:
(1) The entire building shall be substantially renovated and comply with the South
Florida Building Code, fire prevention safety code and the property maintenance
standards. If the building is a historic structure, the plans shall substantially
comply with the Secretary of the Interior Standards and Guidelines for
Rehabilitating Historic Structures, U.S. Department of the Interior (revised 1983),
as amended.
(2) The buildings may contain offices, retail, food service establishments, alcoholic
beverage establishments, and residential uses or any combination thereof.
Medical and dental offices shall be prohibited uses in the MXE districts.
Commercial uses located above the ground floor shall only have access from the
interior of the building; no exterior access shall be permitted, unless a variance
from this requirement is granted.
(3) Required parking may be satisfied through participation in the parking impact fee
program as set forth in chapter 130, article V, where applicable under the
regulations contained therein.
(4) No existing building shall be internally reconstructed to change the number of
stories except that 20 percent of each floor plate may be removed to create an
open area or atrium.
For existing buildings with two stories or less fronting on Ocean Drive or Ocean
Terrace, the addition of a story shall require that commercial uses comply with
all provisions of section 142 -904 for accessory uses_, unless a variance from the
provisions of section 142 -904 is granted. For purposes of example only, in
buildings described in the foregoing sentence, the existence of commercial uses
on the ground floor which exceed 25 percent of the floor area shall not, upon the
addition of one story, be deemed grandfathered in, and the percentage of
commercial uses on the ground floor, upon the addition of one story, must
comply with the requirements of section 142 -904_, except if a variance is
granted.
(6) No variances shall be granted from the requirements of this section 142 -546,
except as specified in subsections 142- 546(2) and 142- 546(5).
(5)
(b) Commercial establishments fronting Ocean Drive, including, but not limited to, retail, office
and eating and drinking venues, shall be prohibited from having speakers within 20 feet of the
property boundary facing Ocean Drive or a side street, unless music is being played at ambient
2 of 3
levels, or unless the establishment is fully enclosed. Notwithstanding the foregoing, as
applicable to retail establishments, no speakers may be installed or placed outdoors, and music
played indoors must be inaudible from the exterior of the premises at all times. No variances
shall be granted from the requirements of this section 142- 546(b).
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
SECTION 3. 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 re- numbered or re- lettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this .26 day of 10ri , 20117 eel
ATTEST:
Rafael Granado
City Clerk
w.
f
First Reading: March 1, 201 t INCOBP
Second Reading: April 26, 2017g,I�/�e' '•
Thomas R. Mooney, CP
Planning Director
Philip Levine
Mayor
APPROVED AS TO
FORM & LANGUAGE
FOR EXECUTIQP
Verified By:
ity Attorney / Dote
T;\AGENDA\2017 \3 - March \Planning \Ocean Drive - Exterior Speaker Locations - First Reading ORD.docx
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MIAM
BEACH
Ordinances - R5 E
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: April 26, 2017
10:20 a.m. Second Reading Public Hearing
SUBJECT: OCEAN DRIVE - EXTERIOR SPEAKER LOCATIONS:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT
REGULATIONS," DIVISION 13, "MXE - MIXED USE ENTERTAINMENT
DISTRICT," BY AMENDING SECTION 142 -546 THEREOF, ENTITLED
"ADDITIONAL RESTRICTIONS FOR LOTS FRONTING ON OCEAN DRIVE,
OCEAN TERRACE AND COLLINS AVENUE," TO CREATE REGULATIONS
PERTAINING TO EXTERIOR SPEAKERS ON LOTS FRONTING OCEAN
DRIVE; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,
AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
ANALYSIS
BACKGROUND
On November 9, 2016, at the request of Commissioner Ricky Arriola, the City Commission
referred this item to the Land Use and Development Committee and the Planning Board (Item
C4N).On January 18, 2017, the Land Use and Development Committee discussed the
Ordinance and recommended that the Planning Board transmit the item to the City Commission
with a favorable recommendation.
PLANNING ANALYSIS
On September 27, 2016, the Mayor and City Commission adopted Resolution No. 2016-
29590, approving a 10 -Point Plan for Ocean Drive. The attached ordinance would prohibit
speakers within 20 feet of a property's boundary facing a street, unless music is being played at
ambient levels. A no variance provision has also been included.
As it pertains to exterior speakers playing music above ambient levels, Conditional Use
approval from the Planning Board is already required for any exterior speakers playing
music above ambient levels on Ocean Drive, regardless of location, as that would be
considered outdoor or open-air entertainment. The proposal herein does not modify this
requirement.
Page 798 of 1596
PLANNING BOARD REVIEW
On January 24, 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 March 1, 2017, with no changes.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
Legislative Tracking
Planning
Sponsor
Commissioner Ricky Arrioia
ATTACHMENTS:
Description
d Form Approved Ordinance
Page 799 of 1596