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Ordinance 98-3109ORDINANCE NO. 98-3109 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89-2665, AMENDING SECTION 3, ENTITLED "DEFINITIONS" SUBSECTION 3-2, ENTITLED "TERMS DEFINED" BY CREATING A DEFINITION FOR HOME BASED BUSINESS OFFICE; AMENDING SECTION 6, ENTITLED "SCHEDULE OF DISTRICT REGULATIONS" SUBSECTION 6-21, ENTITLED "REGULATION OF ACCESSORY USES" BY LISTING HOME BASED BUSINESS OFFICES AS AN ACCESSORY USE IN APARTMENT BUILDINGS AND SINGLE FAMILY DISTRICTS; AMENDING SUBSECTION 6-22, ENTITLED "SUPPLEMENTARY USE REGULATIONS" BY ESTABLISHING REGULATIONS FOR HOME BASED BUSINESS OFFICES; PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE; REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission, and the Land Use and Development Committee have determined that it is in the public interest to allow certain businesses to be licensed in residential districts and in hotels; and, WHEREAS, there are now available office technologies, including computers, telephone modems, facsimile machines, and similar devices that enable a home based business office to be conducted within a residence with virtually no impact on adjacent or nearby residences; and, WHEREAS, fostering home based business offices should encourage a reduction in commuter traffic; and, WHEREAS, the amendments set forth below are necessary to ensure 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 Subsection 3-2, entitled "Terms Defined" of Section 3, entitled "Definitions" of Zoning Ordinance 89-2665 of the City of Miami Beach, Florida is hereby amended by creating a new Subsection 98.5 as follows: 3-2 TERMS DEFINED * * * 98.5 HOME BASED BUSINESS OFFICE: An accessory business office in a single family residence or Apartment Unit which is incidental to the primary residential Use and which satisfies the criteria prescribed in Sub -section 6-22.1 of this Ordinance, 1 SECTION 2. That Subsection 6-21, entitled "Regulation of Accessory Uses" of Section 6, entitled "Schedule of District Regulations" of Zoning Ordinance 89-2665 of the City of Miami Beach, Florida is hereby amended as follows: 6-21 REGULATION OF ACCESSORY USES * B. Permitted Accessory Uses 1. Hotels are permitted to have any Accessory Use that is customarily associated with the operation of a Hotel or Apartment Building. 2. Apartment Buildings may have Accessory Uses based upon the below criteria: a. Mechanical support equipment and administrative offices and Uses that maintain the operation of the Building. b. Washers and dryers shall be located inside a Structure or not visible from a right-of-way. c. A dining room which is operated solely for the residents in the Building shall be located inside the Building and shall not be visible from the Street with no Exterior Signs, entrances or exits except for those required by the South Florida Building Code. However, a dining room shall not be allowed in the RM -1 District except for those dining rooms associated with Adult Congregate Living Facilities. d. Public telephones and vending machines shall only be permitted to be located inside Buildings; however, automatic teller machines shall be permitted on the Exterior walls of the Buildings. e. Buildings in the RM -3 and R-PS4 Districts may have Commercial, office, eating or drinking Uses with access to the Street if they are either located in the ground floor space, Subterranean level or in the highest floor of a Building; however, office space, when located on the ground floor, shall be at least 50 feet from the front property line. f. Solarium, sauna, exercise studio, health club or massage service for use by residents or open to the public by an Individual licensed by the State of Florida or other appropriate agencies. 2 g. Any Accessory Commercial, office, or retail Uses shall not be located on any floor, except the lobby or first floor, where there are Apartment Units. This provision shall not apply to Home Based Business Offices as provided for in Section 6-22.I of this Ordinance. * * * E. Permitted Accessory Uses in Single Family Districts - those Uses which are customarily associated with single family houses such as but not limited to decks, swimming pools, spas, ornamental features, tennis courts. However, in no instance shall landing or storage areas for a helicopter, or other aircraft, be permitted as an accessory use. The Planning and Zoning Director may allow other Accessory Uses if the Director finds after consultation with the Chairman of the Planning Board that they will not adversely affect neighboring properties, based upon the criteria listed in Section 17-3,B of this Ordinance. Appeal of the Director's decision is to the Board of Adjustment pursuant to Section 16 of this Ordinance. 1. Day Care Facilities for the care of children are permitted if the following mandatory criteria are met: a. A maximum of five (5) children are permitted at any one house. b. Signs on the property advertising the Day Care Facility are prohibited. g. The Day Care Facility complies with all applicable requirements and regulations of the Department of Health and Rehabilitative Services and the City's Police, Fiie and Building Departments. All of the South Florida Building Code, Miami Beach Property Maintenance Standards and Fire Prevention and Safety Code violations shall be corrected prior to the issuance of a City Occupational License. h. Play area shall only be located in the Rear Yard and equipment shall be limited to three (3) pieces of equipment. i. Day Care is prohibited on Sundays. j. The Building shall maintain the external appearance of a single Family home. k. Site Plan shall be approved by the Planning and Zoning Director. The plan shall include landscaping and a permitted wall or fencing enclosing the Rear Yard. 1. Day Care Facilities shall not be located within 400 feet of another such facility; except that this restriction shall not apply to State 3 licensed Family Day Care Homes as defined in Section 402.302 (5), Florida Statutes (1987), as amended. 2. The Planning and Zoning Director may approve a second set of cooking facilities if the residence contains at least 3,600 sq. ft. of Floor Area and the arrangement of such facilities or conditions at the property shall not result in the creation of an Apartment Unit. No more than one electric meter shall be placed on the property and that portion of the residence having the second set of cooking facilities shall not be rented. Appeal of the Director's decision shall be to the Board of Adjustment. 3. Guest/Servants Quarters. 4, Home Based Business Office, as provided in Section 6-22.1 of this Ordinance. SECTION 3. That Subsection 6-22, entitled "Supplementary Use Regulations" of Section 6, entitled "Schedule of District Regulations" of Zoning Ordinance 89-2665 of the City of Miami Beach, Florida is hereby amended by creating a new Subsection (I) as follows: 6-22 SUPPLEMENTARY USE REGULATIONS * * * I Home Based Business Office 1. Notwithstanding any provision to the contrary herein contained, offices for certain businesses. professions or occupations may be maintained within residentially zoned areas as provided herein. Any person engaged in a business, profession or occupation who chooses to conduct said business, profession or occupation from his or her personal. permanent. primary residence shall. prior to conducting such business, profession or occupation, apply for and receive an occupational license for a Home Based Business Office. Said applicant shall list his or her home address as a place of business and must. at all times. comply with the following criteria: a. Home Based Business Office activities shall be accessory and clearly incidental to the primary single family residence or Apartment Unit. Home Based Business Office activities shall occur entirely within the single family residence or Apartment Unit. 4 Employees. in addition to the person engaged in the business, profession or occupation of the Home Based Business Office as provided above. shall reside at the subject single family residence or Apartment Unit as a permanent resident; for purposes of this Section, a "permanent resident" shall mean a person residing in a single family residence or Apartment Unit for no less than six months per calendar year. No goods or services shall be dispensed. sold, distributed or provided directly from the single family residence or Apartment Unit. except for those transmitted by telephone, computer modem. facsimile or other similar electronic means, with the exception of one business pickup by courier per day in addition to regular U.S. Postal Service. Bulk mailing shall not be allowed. The aggregate of deliveries of any kind required by. received by. or made in connection with a Home Based Business Office at a single family residence or Apartment Unit shall not exceed one business delivery by courier per day in addition to regular U,S. Postal Service. No inventory or storage of materials, goods. products or supplies shall be permitted at the single family residence or Apartment Unit, except those minor supplies necessary for the operation of the Home Based Business Office. No materials, goods, products or supplies shall be displayed for sale or kept as samples at the subject single family residence or Apartment Unit, except those which can be readily transported in a hand carried sample case. h. No customer, client, business associate, sales person. assistant or other non-resident shall be permitted to visit the 1 -tome Based Business Office for purposes of transacting business. The exterior of the single family residence or Apartment Unit shall not be altered in any manner to attract attention to the Home Based Business Office or the residence as a place of business, No signs indicating the presence of the Home Based Business Office shall be located on or about the single family residence or Apartment Unit. k. No noise, odor, smoke. hazard or other nuisance of a y type shall arise from the conduct of the Home Based Business Office. 1. The operation of a Home Based Business Office shall not cause any increase in parking at the single family residence or Apartment Unit or vehicular traffic to and from the single family residence or Apartment Unit. m. No vehicle with the name of a Home Based Business Office business shall be parked or stored on the site, except in a closed garage. n. The conduct of a Home Based Business Office shall not result in an increase in demand on city services as compared to the average typical residence of the same size. o. Home Based Business Office activities may be advertised or publicized provided that the address of the single family residence or Apartment Unit shall not be referenced, and further provided that any advertisement or publication shall not in any manner invite, attract or draw persons to the single family residence or Apartment Unit in which the Home Based Business Office is located. 2. A Home Based Business Office which does not satisfy all of the above standards at all times during operation shall be prohibited and no license shall be issued to an applicant whose business operation would violate said standards. 1 All Home Based Business Offices shall be required to obtain and maintain an occupational license from the City of Miami Beach, at an annual fee of $25.00. 4. The City, upon probable cause to believe that there is a violation of one or more of the provisions of this Subsection, may seek permission from the Code Compliance Special Master to inspect a property in order to assist in making a finding as to whether or not there is a violation: the City shall not inspect a property without the aforedescribed permission. 5. A Home Based Business Office shall have no parking requirement in addition to the requirement for the single family residence or Apartment Unit. Nothing contained herein shall be deemed to authorize, legalize, or otherwise permit a Home Based Business Office that is otherwise prohibited by a legally enforceable restrictive covenant, association document or other instrument or restriction on such use. SECTION 4. INCLUSION IN ZONING ORDINANCE NO. 89-2665. It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the City of Miami Beach Zoning Ordinance No. 89-2665 as amended; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. 6 fed r: ejt rL si 48 SECTION 5. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 6. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect on the 30th day of May , 1998. PASSED and ADOPTED this 20th day of ATTEST: WAJ' ?tea,,. CITY CLERK Underlined = new language Strikeettt = deleted language F:\PLAN1$ALL\DRAFT_OR1@CITYCOM\RES-OFF3.ORD DJG/JGG/MHF April 24, 1998 1st reading 4/15/98 2nd reading 5/20/98 May , 1998. 7 MAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 4.41? CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 Ittp:l\ci.miami-beach.fl. us COMMISSION MEMORANDUM NO. 3 2 9� TO: Mayor Neisen Kasdin and Members of the City Commission FROM: Sergio Rodriguez City Manager DATE: May 20, 1998 SUBJECT: Second Reang Public Hearing - An Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida, Amending Comprehensive Zoning Ordinance No. 89-2665, Amending Section 3, Entitled "Definitions" by Amending Subsection 3-2, Entitled "Terms Defined" by Creating a Definition for Home Based Business Office; Amending Section 6, Entitled "Schedule of District Regulations" by Amending Subsection 6-21, Entitled "Regulation of Accessory Uses" by Listing Home Based Business Offices as an Accessory Use in Apartment Buildings and Single -Family Districts; Amending Subsection 6-22, Entitled "Supplementary Use Regulations" by Establishing Regulations for Home Based Business Offices; Providing for Inclusion in the Zoning Ordinance; Repealer, Severability and an Effective Date. RECOMMENDATION The Administration recommends that the City Commission adopt on second reading public hearing the proposed Ordinance. J3ACKGROUND In the spring of 1997, both the Capital Improvements/Finance Committee and the Land Use and Development Committee of the City Commission made an initial finding that it may be in the public interest to allow home office businesses to be licensed in single-family and apartment residences with certain restrictions to ensure there is no impact to surrounding residents and perhaps, that limited offices should also be permitted in hotels. The request, in concept, was referred to the Planning Board with the amending ordinance to effectuate these new license regulations subsequently drafted by the Planning, Design & Historic Preservation Division. AGENDA ITEM e.5 A DATE S -20-98i There are now available affordable and compact office technologies, including computers, telephone modems, facsimile machines, etc. that enable "home offices" to be conducted within a single-family residence or apartment with virtually no impact on adjacent uses or nearby properties. The granting of occupational license for a "home office" could also encourage a reduction in commuter traffic. The matter was originally heard by the Planning Board on April 29, 1997 and was continued to the May 27, 1997 meeting. The Planning Board held the continued public hearing on May 27, 1997 and voted 4-2, (1 vacancy) to approve an amendment. The amending ordinance has been modified to address concerns raised at those public hearings by the public and members of the Board. On July 3, 1997, the City Commission adopted subject Ordinance on first reading (5-0), but deleted those parts of Section 2 which would have permitted limited office space in hotels. On July 16, 1997, the City Commission voted 4-3 to adopt the ordinance; however, since five affirmative votes are needed to adopt an amendment to the Zoning Ordinance, the adoption vote failed. At the request of Fred Schwartz of the Palm -Hibiscus -Star Island Homeowners Association on December 19, 1997, the proposed ordinance on home offices was referred back to the Land Use and Development Committee of the City Commission for further discussion. The matter was discussed at the February 5, 1998 meeting of the Committee, at which time some minor changes were proposed to the amending ordinance so that it could be considered again on first reading by the Commission. The changes included: amending the term "home office" to "home based business office", amending the basis upon which a residence may be inspected for a home based business office violation, requiring that there be "probable cause" and that there be a warrant issued by a Special Master to allow for an inspection; and finally, to limit the occupational license fee for a home based business office to $25.00. On April 15, 1998, the Ordinance was approved on first reading as amended (6-1). The Ordinance was amended to include language relative to inspection of the property upon probable cause that there is a violation. The Ordinance before the Commission today on second reading, incorporates the above referenced change. ANALYSIS The proposed Ordinance, as amended, is divided into three (3) primary sections. Section 1. This first section of the amendment would create a new definition for the term: "Home Based Business Office". In summary, the definition would provide that an office (which is accessory to the main permitted use) in a single-family residence or apartment unit would be permitted provided said "Home Based Business Office" met the new regulations contained, therein. Section 2, This Section lists the newly defined "Home Based Business Office" as a permitted Accessory Use within all apartment buildings and single-family residences, pursuant to newly created regulations prescribed in Subsection 6-22.I, as described below. Section 3. This third primary Section of the amending ordinance would create a new Subsection within the Supplementary Use Section of the Zoning Ordinance entitled "Home Based Business Offices" containing the criteria for the review, approval and licensure of said offices. In summary, these new regulations would require the following: 1. Home Based Business Office activities would be clearly incidental to the primary residential unit. 2. The Home Based Business Office activity would occur entirely within the residential unit. 3. Employees, in addition to the person engaged in the business, profession or occupation of the Home Based Business Office as provided above, would be required to reside at the subject single-family residence or Apartment Unit as a permanent resident; for purposes of this Section, a "permanent resident" shall mean a person residing in a single-family residence or Apartment Unit for no less than six months per calendar year. 4. No goods or services would be dispensed, sold, distributed or provided directly from the single-family residence or Apartment Unit, except for those transmitted by telephone, computer modem, facsimile or other similar electronic means, with the exception of one business pickup by courier per day in addition to regular U.S. Postal Service. Bulk mailing shall not be allowed. 5. The aggregate of deliveries of any kind required by, received by, or made in connection with a Home Based Business Office at a single-family residence or Apartment Unit would not exceed one business delivery by courier per day in addition to regular U.S. Postal Service. 6. No inventory of materials or storage of goods or supplies would be permitted at the residence, except those minor supplies necessary for the operation of the Home Based Business Office. 7. No goods would be displayed for sale or kept as samples at the subject residential unit, except those which can be readily transported in a hand -carried sample case. 8. No customer, client, business associate, sales person, assistant or other non-resident would be permitted to visit the Home Based Business Office for purposes of transacting business. 9. The exterior of the residential unit would not be altered in any manner to attract attention to the premises as a place of business. 10. No signs indicating the presence of the Home Based Business Office would be located on or about the building or site. 11. No noise, odor, smoke, hazard or other nuisance of any type would be permitted to occur due to the activities of the Home Based Business Office. 12. The operation of a Home Based Business Office would not cause any increase in required and/or permitted parking at the site or vehicular traffic to and from the subject site. 13. No vehicle with the name of a Home Based Business Office business would be parked or stored on the site, except in accordance with the provisions regulating Commercial Vehicles. 14. The activities of a Home Based Business Office would not result in an increase in demand on City Services as compared to the average of a typical residence of the same size. 15. Home Based Business Office activities may be advertised or publicized provided that the address of the single-family residence or Apartment Unit would not be referenced, and further provided that any advertisement or publication would not in any manner invite, attract or draw persons to the single-family residence or Apartment Unit in which the Home Office is located. 16. A Home Based Business Office which does not satisfy all of the above standards would be prohibited. 17. Home Based Business Offices would be required to obtain an occupational license, with an annual fee of $25.00. 18. The City, upon probable cause to believe that there is a violation of one or more of the provisions of this subsection, may seek permission from the Code Compliance Special Master to inspect property in order to assist in making a finding as to whether or not there is a violation. The City shall not inspect a property without the aforedescribed permission. 19. A Home Based Business Office would have no parking requirement in addition to the requirement for the single-family residence or Apartment Unit. As outlined above, the proposed criteria regulating a "Home Based Business Office" are designed to ensure that this proposed accessory use has virtually no impact on surrounding properties. Also, there is no additional parking requirement being proposed since the use should not generate any additional parking demand. On new first reading on April 15, 1998, additional language was added to ensure that the provisions of this ordinance allowing home based business offices would not preempt other restrictions (such as covenants, condominium by-laws, etc.) enforceable. More specifically, the proposed language would be as follows: 6-22.I.6 -- Nothing contained herein shall be deemed to authorize, legalize or otherwise permit a Home Based Business Office that is otherwise prohibited by a legally enforceable restrictive covenant, association document or other instrument or restriction on use. The last sections of the amendment provide for inclusion in the Zoning Ordinance, a repealer, a severability clause and an effective date. In reviewing a request for an amendment to the Zoning Ordinance or a change in land use, the City Commission should consider the prescribed review criteria, when applicable, for such changes. Since the amending ordinance would change the Accessory Uses section of the Zoning Ordinance, the review criteria were determined to be applicable to this amendment request. The review criteria and findings are as follows: 1. Whether the proposed change is consistent and compatible with the Comprehensive Plan and any applicable neighborhood or Redevelopment Plans; Consistent - The amendment would not require an amendment to the Goals and Objectives or the Future Land Use Map of the Comprehensive Plan. The amendment is not contrary to any neighborhood or Redevelopment plan. 2. Whether the proposed change would create an isolated district unrelated to adjacent or nearby districts; Consistent - The amendment would not change the underlying zoning district for any area within the City. The intent of the amendment is to provide a broader definition of "office" and create appropriate review criteria for the regulation of home based business offices in residential zoning districts. 3. Whether the change suggested is out of scale with the needs of the neighborhood or the City; Consistent - The amendment is in keeping with the overall goal of the City to provide its citizens with appropriate and necessary land use regulations in keeping with changing technological advances. We believe based on regular inquiries from the public that there is an increasing demand for this type of office use. 4. Whether the proposed change would tax the existing load on public facilities and infrastructure; Consistent - Staff is of the opinion that the Level Of Service (LOS) for the area public facilities and infrastructure should not be negatively affected by the proposed amending ordinance, if at all. Indeed, accessory home offices in single- family and apartment residences should not create a greater demand on public facilities than the existing use. We believe that allowing for home offices could actually reduce demand on infrastructure, particularly with regard to roadway LOS. 5. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change; Not Applicable - No underlying zoning district boundaries would be changed by the amendment. 6. Whether changed or changing conditions make the passage of the proposed change necessary; Consistent - There are now available compact and affordable office technologies, including computers, telephone modems, facsimile machines, etc. that enable "home based business offices" to be created within a residence with virtually no impact on adjacent uses or nearby properties. 7. Whether the proposed change will adversely influence living conditions in the neighborhood; Consistent - The proposed changes should not negatively affect living conditions or the quality of life for surrounding properties, provided the proposed review criteria are met. Indeed, allowing people to remain at home to conduct business may improve neighborhood safety by effectively providing more daytime eyes and ears to watch over the neighborhood. 8. Whether the proposed change will create or excessively increase traffic congestion beyond the Level Of Service as set forth in the Comprehensive Plan or otherwise affect public safety; Consistent - Staff is of the opinion that the LOS for the area traffic circulation and/or public safety should not be negatively affected by the proposed amending ordinance, if at all. As described above, it may over time improve LOS in some areas. 9. Whether the proposed change will seriously reduce light and air to adjacent properties; Consistent - The amendment would not change the existing development regulations for construction. The amendment proposes strict review criteria which, in staffs opinion, would not reduce (or actually affect) light and air in any manner to adjacent properties. J'A 10. Whether the proposed change will adversely affect property values in the adjacent area; Consistent - Staff is of the opinion that property values, in the adjacent areas would not be negatively affected by the proposed amendment. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Consistent - The proposed amendment will not change the development regulations for adjacent sites which must comply with their own site-specific development regulations. Furthermore, the proposed ordinance should not affect the ability for an adjacent property to be developed in accordance with said regulations. 12. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Consistent - The existing Zoning Ordinance does not now permit "home based business offices". The amendment is an appropriate response to allow home offices with strict review criteria to ensure said accessory offices have a minimal or no effect on surrounding properties. 13. Whether it is impossible to find other adequate Sites in the City for the proposed Use in a district already permitting such Use; Consistent - The limited type of proposed accessory "home based business office" is not currently permitted within any single-family zoning district within the City. CONCLUSION Based on the foregoing, the Administration has concluded that the City Commission should adopt on second reading the proposed Ordinance as further amended on first reading. SR/ 4.4 G/cat F:\Plan\$All\ccmemos\ 1301 CM 1.97 U • 0 • 0 • rI • b• 1-4 0 M 00 •i 0 N • U a) 0) Cn •� • np 4) b .0 G N 01 • E aro 0 6Os.O • N •� I b ON • co N AO 7