Ordinance 2018-4170Assisted Living Facility and Medical
Use Zoning Regulations
ORDINANCE NO. 2018-4170
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER
130, "OFF- STREET PARKING," ARTICLE II, "DISTRICT;
REQUIREMENTS," TO ESTABLISH PARKING
REQUIREMENTS FOR ASSISTED LIVING FACILITY, ADULT
DAY CARE CENTER, MEDICAL OFFICE, AND RELATED
USES; AMENDING CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS," ARTICLE V, "SPECIALIZED USE
REGULATIONS," TO CREATE DIVISION 2, "ASSISTED LIVING
AND MEDICAL USES ", SECTIONS 142 -1252 TO CREATE
MEDICAL RELATED USE DEFINITIONS, INCLUDING BUT NOT
LIMITED TO DEFINING ASSISTED LIVING FACILITIES,
COMMUNITY RESIDENTIAL HOMES, COMPREHENSIVE
OUTPATIENT REHABILITATION FACILITY, CRISIS
STABILIZATION UNIT; INTENSIVE INPATIENT AND
OUTPATIENT TREATMENT, AND RESIDENTIAL TREATMENT
CENTERS AND FACILITIES; PROVIDING FOR CLASSES OF
MEDICAL USES; AND PROVIDING FOR A ZONING USE
SCHEDULE WITHIN THE VARIOUS ZONING DISTRICTS OF
THE CITY WHICH DELINEATES WHERE SAID MEDICAL
RELATED USES ARE CONSIDERED PERMITTED,
CONDITIONAL OR PROHIBITED USES; PROVIDING FOR
MINIMUM ZONING STANDARDS, DISTANCE SEPARATIONS,
HOURS OF OPERATION, AND SUPPLEMENTAL
CONDITIONAL USE CRITERIA; AMENDING CHAPTER 102,
"TAXATION," ARTICLE V, "LOCAL BUSINESS TAX" AT
SECTION 102 -379, "SCHEDULE OF TAXES, EFFECTIVE
OCTOBER 1, 2016" TO PROVIDE NEW BUSINESS TAX
RECEIPT FOR SAID USES; PROVIDING FOR PENALTIES,
VIOLATIONS, AND APPEALS OF CITATIONS; AMENDING
CHAPTER 130, RELATING TO OFF- STREET PARKING
REQUIREMENTS FOR ALF AND MEDICAL USES; AMENDING
CHAPTER 102, "TAXATION," ARTICLE V, "LOCAL BUSINESS
TAX" AT SECTION 102 -379 "SCHEDULE OF TAXES,
EFFECTIVE OCTOBER 1, 2016," AS TO A CERTAIN
BUSINESS TAX RECEIPT VALUATIONS; PROVIDING FOR
REPEALER; SEVERABILITY; CODIFICATION; AND AN
EFFECTIVE DATE.
WHEREAS, on March 1, 2017, the Mayor and City Commission enacted Ordinance
2017 -4073, which initiated a six (6) month moratorium relating to the following types of uses:
adult congregate living facilities, assisted living facilities, crisis stabilization units, residential
detoxification centers, community residential homes, and residential medical rehabilitation
centers, and any similar or derivative uses associated with such uses, within the jurisdictional
boundaries of the City; and
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WHEREAS, the moratorium was extended through December 31, 2017; and
WHEREAS, due to an advertising error by the Miami Herald, second reading of the
ordinance could not be held on December 13, 2017, and as a result, a new one month
moratorium was implement, to expire January 31, 2018; and
WHEREAS, the City's planning department hired a medical use planning consultant to
advise on the drafting of the ordinance, and as the City is also obtaining input from the City's
medical advisory committee, and the community at large additional time is needed to finalize the
proposed land use ordinances; and
WHEREAS, the Mayor and City Commission desire to encourage compatible uses
within the various zoning districts in order to provide for the needs of the community; and
WHEREAS, the Comprehensive Plan may require amendment to ensure the proper
location for said uses, and the list of permitted, conditional, and prohibited uses, must be
amended in the City's land development regulations; and
WHEREAS, siting of said uses must take into consideration the existing and proposed
infrastructure, accessibility to emergency and public service vehicles, and proximity to public
safety and public facilities; these considerations are critical for the City to ensure the health,
safety and welfare of the City's residents and visitors; and
WHEREAS, the City Commission realizes that all these changes may have a
consequence of increasing demand for City services; and
WHEREAS, the City requires time to review, consider, modify, process for adoption, and
implement regulations pertaining to the referenced zoning districts, and to evaluate the extent
that the existing zoning /land development regulation are effectively implementing the various
uses; and
WHEREAS, the City of Miami Beach has the authority to enact laws which promote the
public health, safety and general welfare of its citizens; and
and
WHEREAS, the City has not updated its code relating to medical uses in over 25 years;
WHEREAS, the City utilizes the term "adult congregate living facility" (ACLF), which term
has been obsolete at the state level for many years, and the State does not license ACLF's, but
rather licenses Assisted Living Facilities (ALFs), and the City desires to ensure that the City's
zoning regulations are consistent with state law; and
WHEREAS, over the past 25 years, other medical terms and uses have come into
existence and are being licensed on a state level, but, have not been incorporated into the City
Land Development Regulations; and
WHEREAS, the City has not defined crisis stabilization units, residential detoxification
centers, community residential homes, and residential medical rehabilitation centers, and any
similar or derivative uses associated with such uses; and
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WHEREAS, the term adult congregate living facility is obsolete and should be updated
to conform to state law, by replacing the obsolete term with "assisted living facility," and the City
Code should be updated to include proper licensure requirements and to comply with state law
requirements; and
WHEREAS, the City desires to provide for such uses, in appropriate locations, but the
City must first complete a zoning and planning analysis to determine the locations best suited
for such uses; and
WHEREAS, as these uses are authorized under state law, and as the City may be
facing applications for such uses in the City, it is appropriate for the City to determine the best
locations for said uses within the City's zoning districts; and
WHEREAS, the Centers for Disease Control and Prevention (CDC) declaring a national
opioid epidemic has been occurring in the Unites States, which has been an epidemic plague to
the nation since February 2011 and as such, the need for facilities to detoxify, and later
rehabilitate users may be needed; and
WHEREAS, Governor Rick Scott on May 3, 2017, declared the opioid epidemic a
public health emergency as Florida has been hit especially hard by the deadly opioid overdose
epidemic; and
WHEREAS, in 2015, heroin, fentanyl and oxycodone were directly responsible for the
deaths of 3,896 Floridians, according to the most recent Florida Department of Law
Enforcement statistics, which is about 12 percent of all the 33,000 people nationwide who died
that year of opioid overdoses; and
WHEREAS, Last year in South Florida, the morgues in Palm Beach County were
strained to capacity by 525 fatal opioid overdoses, the Sun Sentinel newspaper reported in
March 2017; and
WHEREAS, the deadly cocktail of heroin mixed with fentanyl or carfentanil figured in 220
deaths in Miami -Dade County last year, the paper reported. And 90 percent of the fatal drug
overdoses in Broward County involved heroin, fentanyl or other opioids; and
WHEREAS, the declaration allows the state to tap more than $54 million in U.S.
Department of Health and Human Services grant money to pay for prevention, treatment and
recovery services; and
WHEREAS, based upon the foregoing, it is vital to protect the residents and visitors
of the City of Miami Beach and to ensure the proper location for medical uses, including
facilities that address detoxification, rehabilitation, and other medical uses; 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.
SECTION 1. Chapter 130 of the Land Development Regulations, entitled "Off- street Parking,"
Article II "Districts; requirements," is hereby amended as follows:
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Sec. 130 -32. - Off - street parking requirements for parking district no. 1.
Except as otherwise provided in these land development regulations, when any building or
structure is erected or altered in parking district no. 1, accessory off- street parking spaces shall
be provided for the building, structure or additional floor area as follows:
(2) Adult congregate Assisted living facility, adult family care home, birth center, community
residential home, day /night treatment community housing, homes for special services,
hospice facility, intermediate care facility for the developmentally disabled, residential
treatment facility, residential treatment center transitional living facility: One (1) space per
two (2) beds.
(2A) Adult day care center: One (1) space per 300 square feet of floor area.
(2AB) Alcoholic beverage establishment: One (1) space per four seats and one (1) space per 60
square feet of area not utilized for seating.
*
(24) HD hospital districts: The following parking regulations shall apply to structures situated in the
HD hospital district. The number of off - street parking spaces required for any structure shall
be determined by the primary use of the structure in accordance with the requirements as
follows:
a. Hospital: 11/2 spaces per hospital bed.
b. Educational facility: One space per five seats in the main auditorium or one space per
three seats per classroom, whichever is greater.
c. Offices and clinics as identified in subsections 142- 452(2)g and h: One (1) space per 400
square feet of floor area.
d. Hospital staff offices as identified in subsection 142 - 452(2)1: One (1) space per 350 square
feet of floor area.
e. Research facility: One (1) space per 1,000 square feet of floor area.
f. When not listed above, the parking requirement for uses listed in this section shall apply.
(32) Reserved Medical office, optician, retail clinic, electroiogy facility, ambulatory surgical
center, laboratory, comprehensive outpatient rehabilitation facility, end - stage renal disease
center, health care clinic, intensive outpatient treatment facility, prescribed pediatric
extended care center, urgent care center, women's health clinic, pathologist, rehabilitation
agency: One (1) space per 300 square feet of floor area.
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(33) Nursing homes: One (1) space for each two (2) beds.
(34) Office or office building: One (1) space per 400 square feet of floor area; however, medical
offices and clinics or offices located on the ground floor shall provide one (1) space per 300
square feet.
Sec. 130 -33. Off- street parking requirements for parking districts nos. 2, 3, 4, 5, 6, and 7.
Except as otherwise provided in these land development regulations, when any
building or structure is erected or altered in parking districts nos. 2, 3, 4 and 5 accessory off -
street parking spaces shall be provided for the building, structure or additional floor area as
follows. There shall be no off - street parking requirement for uses in this parking district except
for those listed below:
(2) Adult congregate Assisted living facility, adult family care home, birth center, community
residential home, day /night treatment community housing, homes for special services,
hospice facility, intermediate care facility for the developmentally disabled, residential
treatment facility, residential treatment center, transitional living facility: One (1) space per
two (2) beds.
(2A) Adult day care center: One (1) space per 300 square feet of floor area.
(4A) Medical office, optician, retail clinic, electrology facility, ambulatory surgical center,
laboratory, comprehensive outpatient rehabilitation facility, end -staqe renal disease center,
health care clinic, intensive outpatient treatment facility, prescribed pediatric extended care
center, urgent care center, women's health clinic, pathologist, rehabilitation agency: One
(1) space per 300 square feet of floor area.
(5)
Offices: One (11 space per 400 square feet of floor area, provided, however, . However,
offices located on the ground floor shall provide one ,l
space per 300 square feet of floor area.
SECTION 2. Chapter 142 of the Land Development Regulations, entitled "Zoning Districts
Regulations," Article V "Specialized Use Regulations," at Division 2, "Assisted Living and
Medical Uses," is hereby amended as follows:
CHAPTER 142
ZONING DISTRICTS AND REGULATIONS
ARTICLE V
SPECIALIZED USE REGULATIONS
DIVISION 2
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ASSISTED LIVING AND MEDICAL USES
Sec. 142 -1251. - Purpose.
The purpose of this division is to provide mandatory requirements and review criteria to be used
in reviewing requests for assisted living facilities (ALFs) and other medical uses. a conditional
On October 1, 1989, the City adopted
Ordinance No. 89- 2665, which created this Division, and was devoted exclusively to Adult
Congregate Living Facilities (ACLFs). The City Code had not been amended in 27 years, and
the term ACLF is no longer utilized by the State of Florida for licensure purposes. The City
desires to encourage compatible uses within the various zoning districts in order to provide for
the needs of the community, and to take into consideration the existing and proposed
infrastructure, accessibility to emergency and public service vehicles, and proximity to public
safety and public facilities in relation to various medical uses. Therefore, the City, which
previously had not defined crisis stabilization units, residential detoxification centers, community
residential homes, and residential medical rehabilitation centers, and any similar or derivative
uses associated with such uses, desires to define said uses, consistent with state law and state
licensure requirements, and to determine the compatibility of those uses within the various
zoning districts. This division shall delineate the locations for the various types of medical uses
and where they are permitted, conditional or prohibited within the various zoning districts.
Sec. 142 -1252. Definitions.
Addictions Receiving Facility means a secure, acute -care, facility operated 24 hours - per -day,
seven (7) days -per -week, designated by the department of children and families, or applicable
agency to serve persons found to be substance abuse impaired as described in Section
397.675, Florida Statutes, as may be amended.
Adult Day Care Center means a facility that provides programs and services for adults who
need a protective setting during the day. An adult day care center can be a freestanding
program or services can be offered through a nursing home, assisted living facility, or hospital.
The basic services include, but are not limited to: social activities, self -care training, nutritional
meals, a place to rest, and respite care. Adult day care centers are licensed and surveyed by
the State of Florida.
Adult Family Care Home means a dwelling unit that provides full -time, family -type living in a
private home for up to five elderly persons or adults with a disability, who are not related to the
owner. The owner lives in the same house as the residents. The basic services include, but are
not limited to: housing and nutritional meals; help with the activities of daily living, like bathing,
dressing, eating, walking, physical transfer, giving medications or helping residents give
themselves medications; supervision of residents; arrange for health care services; provide or
arrange for transportation to health care services; health monitoring; and social activities. Adult
family care homes are licensed and surveyed by the State of Florida.
Ambulatory Surgical Center (ASC) means a facility that is not part of a hospital and provides
elective surgical care where the patient is admitted to and discharged from the facility within the
same working day. The patient does not stay overnight. Hospitals can have outpatient surgical
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units, but these units would be a part of the hospital license and would not require a separate
ASC license. Ambulatory surgical centers are licensed and surveyed by the State of Florida.
Assisted Living Facility means a facility that provides full -time living arrangements in the least
restrictive and most home -like setting where personal services are provided. Intense medical
services are to be obtained off -site. The basic services include, but are not limited to: housing
and nutritional meals; help with the activities of daily living, like bathing, dressing, eating,
walking, physical transfer, giving medications or helping residents give themselves medications;
arrange for health care services; provide or arrange for transportation to health care services;
health monitoring; respite care; and social activities. Assisted living facilities are licensed and
surveyed by the State of Florida. These facilities are intended for residency of six (6) months
and a day or more.
Beds means one resident or patient, as applicable.
Birth Center means a facility in which births are planned to occur away from the mother's place
of residence following a normal, uncomplicated, low -risk pregnancy. It is not an ambulatory
surgery center, a hospital, or located within a hospital. Birth centers are licensed and surveyed
by the State of Florida.
Brain and Spinal Cord Injury. (See Transitional Living Facility.)
Chiropractor's Office. (See Medical Office.)
Laboratory means a facility that performs one or more of the following services to provide
information or materials for use in the diagnosis, prevention, or treatment of a disease or the
identification or assessment of a medical or physical condition. Services include examination of
fluids, tissue, cells, or other materials taken from the human body.
Community Residential Home as defined by Section 419.001, Florida Statutes, as may be
amended. These facilities are intended for residency of six (6) months and a day or more.
Comprehensive Outpatient Rehabilitation Facility means a non - residential facility that provides
diagnostic, therapeutic, and restorative services for the rehabilitation of injured, disabled, or sick
persons, by or under the supervision of a physician.
Crisis Stabilization Unit means a facility where the purpose is to examine, stabilize, and redirect
people to the most appropriate and least restrictive treatment settings for their psychiatric
needs. Crisis stabilization units include:
Crisis stabilization units (adult and children) provide brief psychiatric intervention, primarily
for low- income individuals with acute psychiatric conditions. Inpatient stays average three
(3) to 14 days, resulting in return to the patient's own home or placement in a long -term
mental health facilit or other livin• arrangements. Intervention means activities and
strategies that are used to prevent or impede the development or progression of substance
abuse problems.
Short -term residential treatment facilities provide a step -down service for adult residents
(ages 18 and over) of crisis stabilization units needing a more extended, but less intensive
level of active treatment for psychiatric conditions, usually with a stay of 90 days or Tess.
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Both of these facility types are licensed by the State of Florida. It is not intended to be a
residential use (not intended as a dwelling unit).
Day /Night Treatment means treatment provided on a nonresidential basis at least three (3)
hours per day and at least 12 hours each week and is intended for clients who meet the
placement criteria for this component.
Day/Night Treatment with Community Housing means treatment that is provided on a
nonresidential basis at least five (5) hours each day and at least 25 hours each week and is
intended for clients who can benefit from living independently in peer community housing while
undergoing treatment.
Day /Night Treatment with Host Home means treatment that is provided on a nonresidential
basis at least three (3) hours per day and at least 12 hours each week and is intended for
clients who meet the placement criteria for this level of care. This component also requires that
each client reside with a host family as part of the treatment protocol.
Dentist's Office (See Medical Office.)
Detoxification means is a process involving sub -acute care that is provided to assist clients who
meet the placement criteria for this component to withdraw from the physiological and
psychological effects of substance abuse. The use is short term, four (4) to 14 days and is not
residential in nature. 24 hour medical supervision is required.
Dietician. (See Medical Office.)
Doctor's Office (See Medical Office.)
Electrology Facility means a facility where electrologists are allowed to perform laser and light-
based hair removal.
End - Stage Renal Disease Center means is a facility programs that that offer dialysis services.
When patients are diagnosed with End -Stage Renal Disease, they may receive dialysis which
replaces kidney function by filtering blood to remove waste and extra fluids. The program can
either be a freestanding facility or offered as an outpatient service through a hospital.
Health Care Clinic means a facility that provides health care services to individuals for a fee.
Such facilities do not allow for overnight stays. Health care clinics are licensed and surveyed by
the State of Florida.
Health Care Clinic Exemption means businesses that have gotten an exemption to the health
care clinic license requirement. However, businesses that meet the exemption criteria are not
required to have an official exemption, so there may be clinics that are exempt that are not listed
here. The exemption criteria are listed in section 400.9905(4), Florida Statutes, as may be
amended.
Health Care Services Pool means a health care services pool provides temporary employment
of licensed, certified, or trained health care personnel to health care facilities, residential
facilities, and agencies. Health care services pools are registered by the State of Florida.
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Home Health Agency means an agency that provides services to patients in private homes,
assisted living facilities, and adult family care homes. Some of the services include nursing care;
physical, occupational, respiratory, and speech therapy; home health aides; homemaker and
companions; and medical equipment and supplies. Along with services in the home, an agency
can also provide staffing services in nursing homes and hospitals. Home health agencies are
licensed and surveyed by the State of Florida.
Home Medical Equipment Provider means a service that sells or rents medical equipment and
services for use in the home. Home medical equipment includes any product as defined by the
Federal Drug Administration's Drugs, Devices and Cosmetics Act; any products reimbursed
under the Medicare Part B Durable Medical Equipment benefits; or any products reimbursed
under the Florida Medicaid durable medical equipment program. Service includes managing the
equipment and teaching consumers in its use. Home medical equipment providers are licensed
and surveyed by the State of Florida.
Homemaker and Companion Services means a company that provides housekeeping, prepare
and serve meals, help with shopping, routine household chores, companionship in the client's
home, and can take the client to appointments and other outings. By law, homemakers and
companions may not provide hands -on personal care, such as help with bathing, and cannot
give medications. Homemaker and companion agencies are registered by the State of Florida.
However, individuals who work on their own, with no other workers helping them are not
required to be registered.
Homeopathic Physician's Office. (See Medical Office.)
Homes for Special Services means a residential facility where specialized health care services
are provided, including personal and custodial care, but not full -time nursing services. Home for
special services are licensed by the State of Florida.
Home Hospice Service means services provided in a patient's residence for patients with a
diagnosis of a terminal illness. They provide a coordinated program of professional services,
including pain management and counseling for patients; nursing, physician, therapy, and social
work services; counseling and support for family members and friends of the patient; and other
support services. Hospices are licensed and surveyed by the State of Florida.
Hospice Facility means a facility that provides services in a facility for patients with a diagnosis
of a terminal illness. They provide a coordinated program of professional services, including
pain management and counseling for patients; nursing, physician, therapy, and social work
services; counseling and support for family members and friends of the patient; and other
support services. Hospices are licensed and surveyed by the State of Florida.
Hospital means a facility that provides range of health care services more extensive than those
required for room, board, personal services, and general nursing care, and offers facilities and
beds for use beyond 24 hours by individuals requiring medical, surgical, psychiatric, testing, and
diagnostic services; and treatment for illness, injury, disease, pregnancy, etc. Also available are
laboratory and X -ray services, and treatment facilities for surgery or obstetrical care, or special
services like burn treatment centers. Hospitals are licensed and surveyed by the State of
Florida. Hospitals include any medical sub -use identified within this Division.
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Intensive Inpatient Treatment means includes a planned regimen of evaluation, observation,
medical monitoring, and clinical protocols delivered through an interdisciplinary team approach
provided 24 hours - per -day, seven (7) days per week in a highly structured, live -in environment.
Intensive Outpatient Treatment means a facility that provides services on a nonresidential basis
and is intended for clients who meet the placement criteria for this component. This component
provides structured services each day that may include ancillary psychiatric and medical
services.
Intermediate Care facility for the Developmentally Disabled means a residential facility that
provides services by an interdisciplinary team to increase a client's independence and prevent
loss of abilities. They are licensed and surveyed by the State of Florida.
Medical Cannabis Dispensary (See Chapter 142, Division 10 and Chapter 6, Division 3).
Medical Office means a small -scale office providing medical or dental treatment. This includes
chiropractor's office, dentist's office, dietician, doctor's office, homeopathic physician's office,
pathologist, physiotherapist's office, phlebotomist's office, podiatrist's office, optometrist's office,
ophthalmologist's office, psychiatrist's office. A small - scale office shall mean a maximum floor
area of 5,000 square feet. This shall not include Class III to X medical sub -uses.
Medication and Methadone Maintenance Treatment Facility means a facility that provides
outpatient treatment on a nonresidential basis which utilizes methadone or other approved
medication in combination with clinical services to treat persons who are dependent upon opioid
drugs.
Nursing Home means a facility that provides nursing, personal, custodial, and rehabilitative
care. Nursing homes, sometimes called skilled nursing facilities, are freestanding, which means
they are not part of a hospital. They provide long -term care of the chronically ill, the physically
disabled and the a•ed who are unable to move about without the aid of another .erson or
device. Nursing homes are licensed and surveyed by the State of Florida.
Optical Establishment means the retail sale of glasses and contact lenses.
Optician means a professional that provides eye exams for the purposes of the retail sale of
glasses or contact lenses.
Optometrist's office. (See Medical Office.)
Organ and Tissue Procurement Facility means one of three types of organ and tissue
procurement organizations: Organ Procurement Organizations (OPOs), Eye Banks and Tissue
Banks. OPOs must also be federally designated by the Secretary of the United States
Department of Health and Human Services and are responsible for using the national United
Network of Organ Sharing's (UNOS) registry to medically and physically match organs, such as
the heart, lungs, kidneys, or liver, from a patient who has died with an individual awaiting a life-
saving transplant. An eye bank is an entity involved in the recovery, processing, storage or
distribution of eye tissue that will be used for transplantation. A Tissue Bank is an entity that is
involved in the recovery, processing, storage, or distribution of human tissue, such as bone,
skin, or cartilage, which will be used for transplantation. Organ and tissue procurement
organizations, including those located outside of Florida that provide eye and other tissue types
to Florida's transplanting physicians, are certified by the State of Florida.
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Outpatient Treatment means a facility that provides services on a nonresidential basis and is
intended for clients who meet the placement criteria for this component.
Pain Management Clinics means the definition provided in Florida Statutes Section 458.3265,
as may be amended.
Pharmacy means a store where solely medicinal drugs are dispensed and sold. Medical
cannabis cannot be sold from such stores.
Portable X -Ray Provider means a provider that gives diagnostic x -ray tests in a patient's own
home, a nursing home, or a hospital that does not provide x -ray services for its patients directly
but arranges for services with a portable x -ray provider. Some portable x -ray providers may
need a health care clinic license.
Prescribed Pediatric Extended Care Center means a facility that provides a basic nonresidential
services to three (3) or more medically dependent or technologically dependent children with
complex medical conditions that require continual care. The comprehensive care includes
medical, nursing, psychosocial, and developmental therapies. These centers are licensed and
surveyed by the State of Florida.
Rehabilitation Agency means a facility that provides a multidisciplinary program to help improve
the physical function of disabled individuals by creating a team of specialized rehabilitation staff.
The rehabilitation agency provides at least physical therapy or speech - language pathology
services and social or vocational adjustment services. Rehabilitation agencies are not required
to be licensed by the state if they are Medicare certified. Rehabilitation agencies that are not
certified under the Medicare program may require licensure as a health care clinic.
Residence means a dwelling unit utilized for at least six (6) months and a day. Residential. The
term "residential" or "residence" is applied herein to any lot, plot, parcel, tract, area or piece of
land or any building used exclusively for family dwelling purposes or intended to be used,
including concomitant uses specified herein.
Residential Treatment Center for Children and Adolescents means a facility with 24 -hour
residential programs, including therapeutic group homes that provide mental health treatment
and services to children under the age of 18 who have been diagnosed as having mental,
emotional, or behavioral disorders. Residential treatment centers are licensed by the State of
Florida. This facility is also a Level II, facility.
Residential Treatment Facility means a facility that provides long -term residential care with
coordinated mental health services for adults (18 years or older) diagnosed with a serious and
persistent major mental illness. A state license covers five (5) levels of care that range from
having full -time nurses on staff to independent apartments that receive only weekly staff
contact. Residential treatment facilities are licensed and surveyed by the State of Florida.
Level 1 facilities provide the highest level of care with a structured group
treatment setting with 24 hours per day, seven (7) days per week supervision for
residents who have major skill deficits in activities of daily living and independent
living, and need intensive staff supervision, support and assistance. Nursing
supervision is provided 24 hours per day, seven (7) days per week, however,
nursing services are limited to medication administration, monitoring vital signs,
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first aid and individual assistance with ambulation, bathing, dressing, eating and
,grooming. The minimum staffing is 1:10 staff to resident ratio with never less than
two (2) staff on site at all times. This is a residential use intended for stays of
over six (6) months and a day.
Level 11 facilities provide a structured group treatment setting with 24 hour per
day, seven (7) days per week supervision for seven (7) or more residents who
range from those who have significant deficits in independent living skills and
need extensive supervision, support, and assistance, to those who have
achieved a limited capacity for independent living, but who require frequent
supervision, support and assistance. Level II facilities maintain a minimum of
1:15 staff to resident ratio with never less than one (1) staff person on site when
residents are present during normal waking hours. During sleeping hours, a
minimum of 1:22 staff to resident ratio is required. This is a residential use
intended for stays of over six (6) months and a day.
Level III facilities consist of collocated apartment units with an apartment or office
for staff who provided on -site assistance 24 hours per day, seven (7) days per
week. The residents have a moderate capacity for independent living. Level III
facilities maintain a minimum 1:20 staff to resident ratio with never less than one
staff on site when residents are present during normal waking hours. During
normal sleeping hours, a minimum of 1:40 staff to resident ratio is required. This
is a residential use intended for stays of over six (6) months and a day.
Level IV facilities provide a semi- independent, minimally structured group setting
for four (4) or more residents who have most of the skills required for
independent Living and require minimal staff support. Level IV facilities may have
less than 24 hours per day, seven (7) days per week on site supervision;
however, on -call staff must be available at all times. Staff is required to have a
minimum of weekly on site contact with residents. This is a residential use
intended for stays of over six (6) months and a day.
Level V facilities provide the least amount of care and supervision. Level V
facilities provide a semi - independent, minimally structured apartment setting for
up to six (6) residents who have adequate independent living skills and require
minimal staff support. Level V facilities may have less than 24 hours per day,
seven (7) days per week on site supervision; however, on -call staff must be
available at all times. Staff is required to have a minimum of weekly on site
contact with residents. This is a residential use intended for stays of over six (6)
months and a day.
Skilled Nursing Unit means skilled nursing units are based in hospitals, either housed inside the
hospital or in a separate building. They typically provide only short term care and rehabilitation
services. The skilled nursing unit does not have a separate license because it is part of the
hospital license. See the hospital definition for further information.
Social Worker (See Medical Office.)
Sociologist (See Medical Office.)
Page 12 of 27
Therapist (See Medical Office.)
Transitional Living Facility means a facility that provides services to persons with a spinal -cord-
injury or head- injury. Specialized health care services include rehabilitative services,
community reentry training, aids for independent living, counseling, and other services. This
term does not include a hospital licensed under chapter 395, Florida Statutes, or any federally
operated hospital or facility. A transitional living facility is licensed by the State of Florida.
Urgent Care Center means a facility which holds itself out to the general public as a walk -in
facility, where immediate, but not emergent, care is provided. Patients shall be served solely on
an outpatient basis and such services shall not include overnight stays.
Women's Health Clinic means a facility that primarily provides obstetrics and gynecology
service or other services related to women's healthcare. This definition includes Abortion
Clinics, which are licensed and surveyed by the State of Florida, but does not include a hospital
or a doctor's office where abortions might be performed, but where this is not the primary
purpose.
Sec. 142 -1253. — Medical use classifications.
Medical uses shall be organized into classes for the purpose of determining allowable locations,
process of approval, and other zoning regulations. Generally, as the potential for impacts to
surroundin• areas increase as the class increases. None of the distance se.aration size or
len.th of sta
increased in •e whether b
re
uirements under the various classes
of medical uses
ma
be varied
or
sco
variance re uest
or conditional use
a.. royal
unless
specifically authorized in Division. The classes and medical sub -uses within each class are as
follows:
Lal Class 1 Medical Uses.
Class I Medical Uses generally have an impact similar to, and often incorporate retail uses.
These uses are often seen as a small accessory use to large -scale residential and hotel uses as
well. Class I medical sub -uses include the following:
Optician
al Retail Clinic
al Adult Day Care Center
Electrology Facility
Oj Medical Office
Class II Medical Uses.
Class II Medical Uses generally provide medical care throughout extended working hours, along
with diagnostic and testing services. These may involve the generation of higher levels of
medical waste than Class I, and generate higher levels of traffic. Class II medical sub -uses
include the following:
Ambulatory Surgical Center (ASC)
21 Laboratory
Page 13 of 27
(3) Comprehensive Outpatient Rehabilitation Facility
(4) End -Stage Renal Disease Center
Health Care Clinic
(6) Prescribed Pediatric Extended Care Center
(7) Urgent Care Center
(8) Women's Health Clinic
a Pathologist
(10) Rehabilitation Agency
j Class III Medical Uses.
Class III Medical Uses generally dispense pharmaceuticals as part of their treatment plan.
These may involve frequent visits from patients who may require services from the facility on a
daily basis and limited overni.ht sta s. Class III medical sub -uses include the followin•:
(1) Detoxification Center
(2) Intensive Outpatient Treatment Facility
.3.1 Pain Management Clinic
Class IV Medical Uses.
Class IV Medical Uses generally are those in which assistance is given to permanent residents
in daily personal activities including but not limited to bathing dressing eating grooming and
dispensing of medicine in a residential setting. Such a facility may have no more than six (6)
residents. Class IV medical sub -uses include the following:
Adult Family Care Home
,l Assisted Living Facility
a Community Residential Home
Homes for Special Services
Hospice Facility
L6 Intermediate Care Facility Developmentally Disabled
(e) Class V Medical Uses.
Class V Medical Uses generally are those in which assistance is given to permanent residents
with assistance in daily personal activities including but not limited to, bathing, dressing, eating,
grooming, and dispensing of medicine in a residential setting. Such a facility may have no more
than 14 residents. Class V medical sub -uses include the following:
L1 Adult Family Care Home
21 Assisted Living Facility
a Community Residential Home
Homes for Special Services
Hospice Facility
a Intermediate Care Facility Developmentally Disabled
Residential Treatment Facility (Level V)
fl Class VI Medical Uses.
Page 14 of 27
Class VI Medical Uses generally provide 24 -hour medical supervision and may implement
medication management and other medical care for its residents. However, the patients do not
pose a physical danger to themselves or others. They are typically in a residential setting;
however, they may have some institutional components. They may contain recreational
amenities to improve the quality of life of patients. Such a facility may have no more than 80
residents and patients. Such facilities are generally intended to assist permanent residents.
Class VI medical sub -uses include the following:
LU Adult Family Care Home
al Assisted Living Facility
Birth Center
Community Residential Home
Day /Night Treatment Community Housing
Homes for Special Services
D Hospice Facility
Intermediate Care Facility Developmentally Disabled
n Nursing Home
(10) Residential Treatment Facility (Level IV and V)
(11) Transitional Living Facility
Class VII Medical Uses.
Class VII Medical Uses generally provide 24 -hour medical supervision and may implement
medication management for its residents or patients; however, they treat residents or patients
who may pose a physical danger to themselves or others and security is required. They are
typically of an institutional nature, though they may take place in a more residential setting.
Such a facility may contain recreational amenities to improve the quality of life of patients.
Class VIII medical sub -uses include the following:
Lfl Adult Family Care Home
(2) Assisted Living Facility
J Birth Center
(4) Community Residential Home
L5 Day /Night Treatment Community Housing
Homes for Special Services
gi Hospice Facility
Prescribed Pediatric Extended Care
n Intensive Inpatient Treatment Facility
(101 Intermediate Care facility for the Developmentally Disabled
(11) Nursing Home
(12) Residential Treatment Facility (Level I, II, III, IV and V)
(13) Residential Treatment Facility for Children
(14) Residential Treatment Center for Children and Adolescents
(15) Transitional Living Facility
fin Class VIII Medical. Uses.
A medical use that treats a full range of medical related issues. This is the most intense
medical use. Class VIII medical sub -uses include the following:
Hospital
Page 15 of 27
(2) Trauma Systems
al Crisis Stabilization Unit
(4) Addiction Receiving Facility
Medication and Methadone Maintenance Treatment Facility
Detoxification Center
(7) Organ and Tissue Procurement Facility
Intensive Inpatient Treatment Center
(9) Prescribed Pediatric Extended Care
(10) Other medical uses
Medical sub -uses not identified in subsections (a) through (j) above or in section 142-
1254 shall be considered Class VIII Medical Uses. If an applicant feels that the proposed
medical sub -use is of a similar nature or impact as the uses in a differing class, the applicant
may provide a description of the proposed medical sub -use and expected impacts from the use
to the Planning Department for a determination of equivalent impact. The Planning Department
may request additional information, as necessary, in order to make a determination. The
Planning Department may require a study to support the descriptions and impacts in the study
to support the descriptions and impacts and that the study be peer reviewed at the expense of
the applicant. The study must consider the supplemental conditional use criteria in section 142-
1257, as applicable, in addition to any other information deemed necessary.
Sec. 142 -1254. Exempt uses.
The following medical sub -uses, which service individuals in their place of residence, shall be
exempt from the regulations of this division:
La , Health Care Services Pool
(b) Home Health Agency
Home Medical Equipment Provider
Homemaker and Companion Services
Lel Home Hospice Service
fl Massage Therapist
Portable X -Ray Provider
J Pharmacies
El Medical Cannabis Treatment Centers
Page 16 of 27
Sec. 142 -1255. – Zoning District Regulations.
The following table identifies the zoning districts in which each medical use class is allowed and
if conditional use approval is required.
Zoning
District
Class Class Class Class Class Class Class Class
I II Ill IV V VI VII VIII
CD -3
P
MXE
P
C
P
C
C
HD
RPS -4
C -PS2
C -PS4
TC -2
P
c
P
P
C
C
P —Main permitted use A— Permitted as an accessory use
C— Conditional use Boxes with no designation signify that the use is NOT permitted
Sec. 142 - 1256. – Minimum zoning standards.
In addition to the regulations in the underlying zoning district and overlays (as applicable) and
other regulations in this division, medical uses shall comply with the following minimum
standards:
Page 17 of 27
(a) Standards for all medical use classes:
(1) Medical uses that allow for overnight stays shall not exceed the maximum density limits,
when such limits are established by the underlying future land use designation in the
Miami Beach Comprehensive Plan. For the purposes of determining residential density,
a medical use in single family districts containing up to six (6) residents shall be deemed
one dwelling unit. In other districts, every two (2) beds shall count as one (1) dwelling
unit.
(2) For the determination of minimum distance separation requirements when established in
subsection (b) below:
A. The minimum distance separation, the requirement shall be determined by
measuring a straight line between the property lines of each use.
B. 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.
Standards for specific medical use classes:
(1) Class I Medical Uses:
A. Access to Class I medical uses where permitted as an accessory use shall be limited
to guest of a hotel or residents and their guests of a residential use.
B. Class 1 medical uses shall not operate between the hours of 10:00 p.m. and 7 :00
a.m. Such hours may be modified with conditional use approval.
C. Overnight stays are prohibited.
Class II Medical Uses:
A. Class II medical uses shall not operate between the hours of 10:00 p.m. and 7:00
a.m. Such hours may be modified with conditional use approval.
B. Overnight stays are prohibited.
a Class III Medical Uses:
A. Class III medical uses shall have a minimum distance separation of 1,500 feet from
other Class II III IV. V. VI VII or VIII medical use.
B. Class III medical shall have a minimum distance separation of 600 35 -feet from
religious institutions,,schools„ or parks.
C. Hotel-or residential or other commercial uses shall be •rohibited on lots with Class
III medical uses.
D. Overnight stays are prohibited in 1 -1 districts.
Page 18 of 27
E. Class 111 medical uses shall not be open to walk -in patients between the hours of
9:00 p.m. and 7:00 a.m.; notwithstanding the foregoing, if such facility is located
within 375 feet of a residential district, such facility shall not be open to walk -in
patients between the hours of 7:00 pm and 7:00 am. Such hours may be modified
with conditional use approval.
F. The entire building shall conform with the Florida Building Code, fire prevention and
safety code, and with the City property maintenance standards. If it is a historic
structure, it shall also conform with the Secretary of the Interior's Standards for
Rehabilitation and Guidelines for Rehabilitating Historic Structures, U.S. Department
of the Interior, as amended.
G. Participation in the fee in lieu of parking program for Class 111 medical uses shall be
prohibited.
,(41 Class IV Medical Uses:
A. Class IV medical uses shall have a minimum distance separation of 1,000 feet from
other Class IV medical uses.
B. Class IV medical uses shall be the primary place of residence for patients or
residents.
C. The entire building shall conform with the Florida Building Code, fire prevention and
safety code, and with the City property maintenance standards. If it is a historic
structure, it shall also conform with the Secretary of the Interior's Standards for
Rehabilitation and Guidelines for Rehabilitating Historic Structures, U.S. Department
of the Interior, as amended.
D. Participation in the fee in lieu of parking program for Class IV medical uses located in
residential districts shall be prohibited.
(5) Class V Medical Uses:
A. Class V medical uses shall have a minimum distance separation of 1,200 feet from
other Class V medical uses.
B. Class V medical uses shall be the primary place of residence for patients or
residents.
C. The entire building shall conform with the Florida Building Code, fire prevention and
safety code, and with the City property maintenance standards. If it is a historic
structure, it shall also conform with the Secretary of the Interior's Standards for
Rehabilitation and Guidelines for Rehabilitating Historic Structures, U.S. Department
of the Interior, as amended.
D. Participation in the fee in lieu of parking program for Class IV medical uses located in
residential districts shall be prohibited.
(6) Class VI Medical Uses:
Page 19 of 27
A. Class VI medical uses shall have a minimum distance separation of 1,500 feet from
other Class VI medical uses.
B. The entire building shall conform with the Florida Building Code, fire prevention and
safety code, and with the City property maintenance standards. If it is a historic
structure, it shall also conform with the Secretary of the Interior's Standards for
Rehabilitation and Guidelines for Rehabilitating Historic Structures, U.S. Department
of the Interior, as amended.
C. Participation in the fee in lieu of parking program for Class IV medical uses located in
residential districts shall be prohibited.
fl Class VII Medical Uses:
A. Class VII medical uses shall have a minimum distance separation of 1,500 feet from
other Class III, VI, or VII medical uses. Notwithstanding the foregoing, a class VIII
Medical Use may incorporate Class VIII medical sub -uses on the same site;
however, the stricter zoning standards shall apply to the combined uses.
B. Class VII medical uses shall have a minimum distance separation of 375 feet from
parks or schools.
C. Other hotel or residential uses shall be prohibited on sites with Class VII medical
uses.
D. The entire building shall conform with the Florida Building Code, fire prevention and
safety code, and with the City property maintenance standards. If it is a historic
structure, it shall also conform with the Secretary of the Interior's Standards for
Rehabilitation and Guidelines for Rehabilitating Historic Structures, U.S. Department
of the Interior, as amended.
E. Participation in the fee in lieu of parking program for Class VII medical uses located
in residential districts shall be prohibited.
a, Class VIII Medical Uses.
A. Class VIII medical uses shall comply with the requirements of the HD district.
n Notwithstanding the foregoing, medical uses located in an HD district shall be exempt
from distance separation and hours of operation requirements identified in this section.
However, said facilities shall be utilized for determining distance separation
requirements for facilities in other zoning districts.
(10) Notwithstanding the foregoing, medical uses located in an HD district shall be exempt
from limitations on hours of operation and uses.
Sec. 142 -1257. — Supplemental Conditional Use Review Criteria.
In reviewing an application for a conditional use under this division 2, the planning board shall
apply the following supplemental review guidelines criteria in addition to the review guidelines
listed in section 118 -192, as applicable:
Page 20 of 27
(a) For medical uses not allowing overnight stays or residence, whether hours of operation are
identified in order to limit potential impacts to surrounding properties.
Whether patients and residents served will pose a danger to themselves or others, and what
measures are being taken to ensure their safety and the safety of others in surrounding
areas.
Whether a security plan for the establishment and supporting parking facility has been
provided that addresses the safety of the medical use, its users, and surrounding areas, and
minimizes impacts on the neighborhood.
(d) Whether a noise attenuation plan has been provided that addresses how noise will be
controlled from emergency vehicles, in the drop off areas, loading zone, parking structures,
and delivery and sanitation areas, to minimize adverse impacts to adjoining and nearby
properties.
(e) Whether a sanitation plan has been provided that addresses on -site facilities as well as off -
premises issues resulting from the operation of the medical use.
▪ Smaller scale facilities are encouraged in order to provide a non- institutional environment.
Where overnight stays or permanent residency is allowed, if the facility is design to minimize
its institutional nature.
(h) Whether the facility will serve various income groups..
▪ Facilities located in newly constructed buildings are encouraged.
ID Whether a plan for the delivery of goods for the medical use has been provided, including
the hours of operation for delivery trucks to come into and exit from the neighborhood and
how such plan will mitigate any adverse impacts to adjoining and nearby properties, and
neighborhood.
(k) Whether the proximity of the proposed medical uses to residential uses creates adverse
impacts and how such impacts are mitigated.
Q1 Whether the scale of the proposed medical use is compatible with the urban character of the
surrounding area and create adverse impacts on the surrounding area, and how the adverse
impacts are proposed to be addressed.
Sec. 142 -1258. Penalties, Enforcement and Appeals.
(a) Penalties and enforcement.
(1) The City manager has the authority to suspend or revoke a business tax receipt
following notice and hearing, or to summarily suspend a business tax receipt pending a
hearing pursuant to section 102-385 of the City Code.
,(2.1 A violation of this division 2 shall be subject to the following fines:
A. If the violation is the first offense, a person or business shall receive a
civil fine of $5,000.00;
Page 21 of 27
B. If the violation is the second violation within the preceding six (6)
months, a person or business shall receive a civil fine of $10.000.00;
C. If the violation is the third violation within the preceding six (6) months,
a person or business shall receive a civil fine of $20,000.00; and
D. If the violation is the fourth or subsequent violation within the preceding
six (6) months, a person or business shall receive a civil fine of $30,000.00
and the business tax receipt shall be revoked.
(3) Enforcement. The code compliance department shall enforce this division
2. This shall not preclude other law enforcement agencies from any action to assure
compliance with this division 2 and all applicable laws. If a violation of this division 2 is
observed, the enforcement officer will be authorized to issue a notice of violation. The
notice shall inform the violator of the nature of the violation, amount of fine for which the
violator is liable, instructions and due date for paying the fine, that the violation may be
appealed by requesting an administrative hearing before a special master within ten (10)
days after service of the notice of violation, and that the failure to appeal the violation
within ten (10) days of service shall constitute an admission of the violation and a waiver
of the right to a hearing.
Lill Rights of violators; payment of fine; right to appear; failure to pay civil fine or to
appeal; appeals from decisions of the special master.
(A.) A violator who has been served with a notice of violation must elect to
either:
i. pay the civil fine in the manner indicated on the notice of violation;
or
ii. request an administrative hearing before a special master to
appeal the notice of violation, which must be requested within ten (10)
days of the service of the notice of violation.
(B.) The procedures for appeal by administrative hearing of the notice of violation
shall be as set forth in sections 30 -72 and 30 -73 of this City Code. Applications
for hearings must be accompanied by a fee as approved by a resolution of the
City commission, which shall be refunded if the named violator prevails in the
appeal.
(C.) If the named violator, after issuance of the notice of violation, fails to pay the
civil fine, or fails to timely request an administrative hearing before a special
master, the special master may be informed of such failure by report from the
police officer or code compliance officer. The failure of the named violator to
appeal the decision of the police officer or code compliance officer within the
prescribed time period shall constitute a waiver of the violator's right to an
administrative hearing before the special master, and shall be treated as an
admission of the violation, for which fines and penalties shall be assessed
accordingly.
Page 22 of 27
(D.) A certified copy of an order imposing a fine may be recorded in the public
records, and thereafter shall constitute a lien upon any real or personal property
owned by the violator, which may be enforced in the same manner as a court
judgment by the sheriffs of this state, including levy against the violator's real or
personal property, but shall not be deemed to be a court judgment except for
enforcement purposes. On or after the 61st day following the recording of any
such lien that remains unpaid, the City may foreclose or otherwise execute upon
the lien.
(E.) Any party aggrieved by a decision of a special master may appeal that
decision to a court of competent jurisdiction.
(F.) The special master shall be prohibited from hearing the merits of the notice
of violation or considering the timeliness of a request for an administrative
hearing if the violator has failed to request an administrative hearing within 10
days of the service of the notice of violation.
(G.) The special master shall not have discretion to alter the penalties prescribed
in subsection (a)(2).
Sec. 142 -1259. Reasonable accommodation.
The City may receive an application for a reasonable accommodation to accommodate persons
with disabilities consistent with federal law (Reasonable Accommodation/ Modification, Section
where a use is not permitted shall be authorized as a reasonable accommodation. Nor shall the
occupancy requirements or hours of operation requirements be varied if it causes undue
financial and administrative burdens or requires a fundamental alteration in the nature of the
services offered by the City.
Adult congregate living facilities shall bo subject to the following mandatory requirements:
number of persons residing in the City.
entertainment district.
the Interior (revised 1983), as amended.
Page 23 of 27
Sec. 142 -1253. Review criteria.
Adult congregate living facilities shall be in substantial compliance with the following
commission:
{1) Smaller scale (six to 16 residents) facilities are encouraged in order to provide a
noninstitutional environment.
mss-
{/1) The location of facilities should be compatible with the City's comprehensive plan and
1,500 feet from another facility.
Secs. 142- 1254 142 1270. Reserved.
Secs. 142- 1258 -70. — Reserved.
Section 3. Chapter 102, "Taxation," Article V, "Local Business Tax" at Section 102 -379
"Schedule of taxes, effective October 1, 2016," is hereby amended as to a certain business tax
receipt, as follows:
CHAPTER 102
TAXATION
ARTICLE V -
LOCAL BUSINESS TAX
*
Sec. 102 -379. - Schedule of taxes, effective October 1, 2016.
(a) Business taxes for the following businesses, occupations or professions are hereby
levied and imposed as follows:
(b) Effective on October 1, 2005 (fiscal year 2005 - 2006), the following business taxes will
be increased by five percent rounded to the nearest dollar, and further increased by five
percent every other year on October 1, until such taxes /fees have caught up with the
cumulative percentage change in the Consumer Price Index (CPI) measure between June
1994 through March 2003, which is 24.5 percent; further providing for another change equal
to the cumulative percentage change in the CPI from March 2003 to September 2011.
Page 24 of 27
(c) As provided in Resolution No. 2003- 25299, a review of the annual permit fee /business
tax will be required whenever the change in the Consumer Price Index (CPI), between the
latest CPI and the date of the CPI used for the last tax /fee adjustment, is five percent or
greater.
(d) Effective on October 1, 2009 (fiscal year 2009 - 2010), business tax receipt applications
shall be charged a $45.00 fee for the processing of new applications.
Occupation
Code
Business Tax Category
Amount
Addictions Receiving Facility
1,104.00
Adult Day Care Center
331.00
Adult Family Care Home
1) 26.000
1) First 10 beds
2) 6.00
2) Each additional bed
Ambulatory Surgical Center (ASC)
353.00
Assisted Living Facility (ALF)
1) 212.00
1) First 10 beds
2) 6.00
2. Each additional bed
Birth Center
1) 212.00
1) First 10 beds
2) 6.00
2) Each additional bed
Transitional Living Facility
1,104.00
Community Residential Home
1) 00
1) First 10 beds
2) 6.0 6.00
2) Each additional bed
Comprehensive Outpatient Rehabilitation Facility
353.00
Comprehensive Inpatient Rehabilitation Facility
1,104.00
Day /Night Treatment with Community Housing
1,104.00
Medical Office
353.00
End -Stage Renal Disease Center
1,104.00
Page 25 of 27
SECTION 4. Repealer.
Page 26 of 27
Health Care Clinic
353.00
Homes for Special Services
1,104.00
Hospice Facility
1,104.00
Intensive Inpatient Treatment Center /Facility
1,104.00
Intensive Outpatient Treatment Center /Facility
353.00
Intermediate Care Facility for the Developmentally Disabled
1,104.00
Medication and Methadone Maintenance Treatment Facility
1) 274.00
1) First $1,000 of value or less
2) 27.00
2) Each additional $1,000.00 - $199,000.00
3) 2,815.00
3) From $100,000 - $199,000.00
4) 4,221.00
4) From $200,000 - $499,000.00
5) 5,629.00
5) From $500,000 and over
Nursing Home
1,104.00
Organ and Tissue Procurement Facility
353.00
Outpatient Treatment Facility
353.00
Pain Management Clinics
1) 274.00
1) First $1,000 of value or less
2) 27.00
2) Each additional $1,000.00 - $199,000.00
3) 2,815.00
3) From $100,000 - $199,000.00
4) 4,221.00
4) From $200,000 - $499,000.00
5) 5,629.00
5) From $500,000 and over
Prescribed Pediatric Extended Care Center
1,104.00
Rehabilitation Agency
353.00
Residential Treatment Center for Children and Adolescents
1,104.00
Residential Treatment Facility
1,104.00
Transitional Living Facility
1,104.00
Urgent Care Center /Facility
353.00
Women's Health Clinic
353.00
SECTION 4. Repealer.
Page 26 of 27
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.
SECTION 7. Effective Date.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this 17th day of January, 2018.
ATTEST:
o� 12‘11:1(
Rafael E. Granado, City Clerk
First Reading: October 31, 20 o(4 "° „MCC °
Second Reading: January 17, 201
(Sponsor: Vice Mayor John _ lem -n •• °•
or Dan Gelber
Verified by:
Thomas Mooney, Al
Planning Director
Page 27 of 27
APPROVED AS TO
FORM & LANGUAGE
& F;QR -E?CE UTION
City Attorney
Date
MAM
BEACH
Ordinances - R5 N
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: January 17, 2018
5:06 p.m. Second Reading Public Hearing
SUBJECT ASSISTED LIVING FACILITY AND MEDICAL USE ZONING REGULATIONS:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 130, "OFF- STREET PARKING,"
ARTICLE II, "DISTRICT; REQUIREMENTS," TO ESTABLISH PARKING
REQUIREMENTS FOR ASSISTED LIVING FACILITY, ADULT DAY CARE CENTER,
MEDICAL OFFICE, AND RELATED USES; AMENDING CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS," ARTICLE V, "SPECIALIZED USE
REGULATIONS," TO CREATE DIVISION 2, "ASSISTED LIVING AND MEDICAL
USES," SECTIONS 142 -1252 TO. CREATE MEDICAL RELATED USE
DEFINITIONS, INCLUDING BUT NOT LIMITED TO DEFINING ASSISTED LIVING
FACILITIES, COMMUNITY RESIDENTIAL HOMES, COMPREHENSIVE
OUTPATIENT REHABILITATION FACILITY, CRISIS STABILIZATION UNIT;
INTENSIVE INPATIENT AND OUTPATIENT TREATMENT, AND RESIDENTIAL
TREATMENT CENTERS AND FACILITIES; PROVIDING FOR CLASSES OF
MEDICAL USES; AND PROVIDING FOR A ZONING USE SCHEDULE WITHIN
THE VARIOUS ZONING DISTRICTS OF THE CITY, WHICH DELINEATES WHERE
SAID MEDICAL RELATED USES ARE CONSIDERED PERMITTED,
CONDITIONAL OR PROHIBITED USES; PROVIDING FOR MINIMUM ZONING
STANDARDS, DISTANCE SEPARATIONS, HOURS OF OPERATION, AND
SUPPLEMENTAL CONDITIONAL USE CRITERIA; AMENDING CHAPTER 102,
"TAXATION," ARTICLE V, "LOCAL BUSINESS TAX" AT SECTION 102 -379,
"SCHEDULE OF TAXES, EFFECTIVE OCTOBER 1, 2016" TO PROVIDE NEW
BUSINESS TAX RECEIPT FOR SAID USES; PROVIDING FOR PENALTIES,
VIOLATIONS, AND APPEALS OF CITATIONS; AMENDING CHAPTER 130,
RELATING TO OFF- STREET PARKING REQUIREMENTS FOR ALF AND
MEDICAL USES; AMENDING CHAPTER 102, "TAXATION," ARTICLE V, "LOCAL
BUSINESS TAX" AT SECTION 102 -379 "SCHEDULE OF TAXES, EFFECTIVE
OCTOBER 1, 2016," AS TO A CERTAIN BUSINESS TAX RECEIPT VALUATIONS;
PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN
EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
ANALYSIS
HISTORY
On February 8, 2017, at the request of Commissioner John Elizabeth Aleman, the City Commission
Page 633 of 923
referred the item to the Land Use and Development Committee (Item C4K). On February 15, 2017,
the Land Use and Development Committee discussed the item and continued it to March 8, 2017.
On March 8, 2017, the Land Use and Development Committee discussed the item and continued it
to the April 19, 2017 meeting.
On April 26, 2017, the City Commission referred the item to the Health Advisory Committee for
discussion and recommendation (Item C4E). On May 15, 2017, the Health Advisory Committee
discussed the item and recommended that it have a workshop to review the proposal in further detail
prior to making a recommendation.
On June 14, 2017, the Land Use and Development Committee discussed the item and took no
action. On June 19, 2017, the Health Advisory Committee held a workshop and recommended that
the ordinance incorporate the modifications provided in an attached handout.
On June 28, 2017, the City Commission referred the proposed ordinance to the Planning Board for
review and recommendation (Item C4A).
BACKGROUND
The City Commission has approved a temporary moratorium on the issuance of any land
development permits, business tax receipts or any other license or permit for the establishment or
operation of adult congregate living facilities (ACLF). In addition to ACLF's, the moratorium applies to
assisted living facilities, crisis stabilization units, residential detoxification centers, community
residential homes, and residential medical rehabilitation centers, and any similar or derivative uses
associated with such uses. The moratorium is in place until December 31, 2017.
The City has identified the need to update the City Code as it pertains to definitions and regulations
for crisis stabilization units, residential detoxification centers, community residential homes, and
residential medical rehabilitation centers. Additionally, the term adult congregate living facility (ACLF)
has become obsolete and, as currently defined in the City Code, needs to be updated to conform to
state law. In addition to replacing the obsolete term `ACLF' with "assisted living facility," the City
Code needs to be revised to include proper licensure requirements and to comply with state law
requirements.
PLANNING ANALYSIS
Initial research on state statutes and various municipal codes related to medical uses has been done.
The City of Pompano Beach has been found to have very detailed requirements for such uses in
their land development regulations.
Staff has also undertaken a review of medical uses within the City, utilizing business tax receipt
(BTR) information, along with information from various State agencies that are responsible for the
regulation of medical uses. The City currently has 25 BTR classifications for medical uses. Some
medical uses have been identified where it may be beneficial to establish new classifications in order
to better account for the variety of medical uses and impacts.
It is the intent of the ordinance to utilize terms that are consistent with the licenses issued by State
agencies, including the Florida Agency for Healthcare Administration (AHCA), Florida Department of
Health, and the Florida Department of Children and Families (DCF). This will ensure transparency
for the zoning requirements for medical uses.
A suitability analysis has also been undertaken for various medical uses. For the purposes of this
analysis, medical uses have been categorized by the intensity of their impact and whether or not they
allow for overnight stays or permanent residence. Classes one (1) to three (3) would not allow for
Page 634 of 923
overnight stays, while classes four (4) to eight (8) would allow for overnight stays or permanent
residence. Generally, all of the uses within a particular class would have a similar impact on the
surrounding areas. The classes are generally as follows:
• Classes one (1) to three (3) would generally not allow for overnight stays:
o Class 1 — Medical uses that have an impact similar to, and often incorporate retail uses. These
may include Optician, Retail Clinic, Adult Day Care Center, Electrology Facility, and Medical Office.
These uses are often seen as a small accessory use to large -scale residential and hotel uses as
well. These uses could be appropriate in up to 20 of the City's zoning districts.
o Class 2 — Medical uses that generally provide medical care throughout extended working hours,
along with diagnostic and testing services. These may involve the generation of higher levels of
medical waste than Class I, and generate higher levels of traffic. These uses are often located within
office or retail buildings, and typically schedule appointments with patients during standard working
hours. These may include Ambulatory Surgical Center (ASC), Laboratory, Comprehensive
Outpatient Rehabilitation Facility, End -Stage Renal Disease Center, Health Care Clinic, Prescribed
Pediatric Extended Care Center, Urgent Care Center, Women's Health Clinic, Pathologist, and
Rehabilitation Agency. These uses could be appropriate in up to ten (10) of the City's zoning
districts.
o Class 3 — Medical uses which typically dispense pharmaceuticals as part of their treatment plan.
These may involve frequent visits from patients who may require services from the facility on a daily
basis. These may include Detoxification Centers, Intensive Outpatient Treatment Facilities, and Pain
Management Clinics. These could be appropriate in up to six (6) of the City's zoning districts.
• Classes four (4) to eight (8) would allow for overnight stays or permanent residence:
o Class 4 — A category in which assistance is given to permanent residents with assistance in daily
personal activities including but not limited to, bathing, dressing, eating, grooming, and dispensing of
medicine in a residential setting. Such a facility may have no more than six (6) residents. This
includes Adult Family Care Home, Assisted Living Facilities, Community Residential Homes, Homes
for Special Services, Hospice Facility, Intermediate Care Facility Developmentally Disabled, and
Residential Treatment Facility (Level V). These facilities are often located in single family areas and
could be appropriate in up to 26 of the City's zoning districts.
o Class 5 — A category in which assistance is given to permanent residents with assistance in daily
personal activities including but not limited to, bathing, dressing, eating, grooming, and dispensing of
medicine in a residential setting. Such a facility may have no more than 14 residents. This includes
Adult Family Care Home, Assisted Living Facilities, Community Residential Homes, Homes for
Special Services, Hospice Facility, Intermediate Care Facility Developmentally Disabled, and
Residential Treatment Facility (Level V). These could be appropriate in up to 17 of the City's zoning
districts.
o Class 6 — A category in which mmedical uses generally provide 24 -hour medical supervision and
may implement medication management and other medical care for its residents. However, the
patients do not pose a physical danger to themselves or others. They are typically in a residential
setting; however, they may have some institutional components. They may contain recreational
amenities to improve the quality of life of patients. Such a facility may have no more than 80 residents
or patients. Such facilities are generally intended to assist permanent residents. This includes Adult
Family Care Home, Assisted Living Facility, Birth Center, Community Residential Home, Day /Night
Treatment Community Housing, Homes for Special Services, Hospice Facility, Intermediate Care
Page 635 of 923
Facility Developmentally Disabled, Nursing Home, Residential Treatment Facility (Level IV and V),
and Transitional Living Facility. These could be appropriate in up to 13 of the City's zoning districts.
o Class 7 — A category in which medical generally provide 24 -hour medical supervision and may
implement medication management for its residents or patients; however, they treat residents or
patients who may pose a physical danger to themselves or others and security is required. They are
typically of an institutional nature, though they may take place in a more residential setting. Such a
facility may contain recreational amenities to improve the quality of life of patients. This includes Adult
Family Care Home, Assisted Living Facility, Birth Center, Community Residential Home, Day /Night
Treatment Community Housing, Homes for Special Services, Hospice Facility, Prescribed Pediatric
Extended Care, Intensive Inpatient Treatment Facility, Intermediate Care facility for the
Developmentally Disabled, Nursing Home, Residential Treatment Facility (Level I, II, III, IV and V),
Residential Treatment Facility for Children, Residential Treatment Center for Children and
Adolescents, and Transitional Living Facility. Based on an initial suitability analysis they could be
appropriate in up to six (6) zoning districts.
o Class 8 — A medical use that treats a full range of medical related issues. This is the most intense
medical use. Such a facility includes a Hospital, Trauma Systems, Crisis Stabilization Unit, Addiction
Receiving Facility, Medication and Methadone Maintenance Treatment Facility, Detoxification
Center, Organ and Tissue Procurement Facility, Intensive Inpatient Treatment Center, Prescribed
Pediatric Extended Care, and Other medical uses. These are appropriate in one (1) of the City's
zoning districts (HD Hospital District).
A review of the active and applied for medical use BTR's indicates that the City only has Class 1, 2, 6, 7, and 8
facilities, The following table indicates the number of facilities within each class, and the zoning districts in which they
are located. A map at the end of the report identifies the location of medical uses in the City.
Medical Use Class Location by Zoning District
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The proposed ordinance also contains proposals for the following:
1. The zoning districts for which the different classes of uses should be permitted.
Page 636 of 923
2. Which uses should be treated as a main permitted use or require Conditional Use approval from the Planning
Board within the various zoning districts.
3. Distance separation requirements between and within certain classes of facilities so as to not create excessive
impacts on any particular neighborhood.
4. Minimum standards for different classes of medical uses to ensure that their impacts on surrounding areas are
minimized.
5. Establishes business tax receipt (BTR) codes and fees for all uses that are identified in the ordinances.
PLANNING BOARD REVIEW
On September 26, 2017, the Planning Board transmitted the proposed Ordinance Amendment to the City
Commission with a favorable recommendation.
UPDATE
The subject ordinance came before the City Commission on October 18, 2017 and was continued to a date certain
of October 31, 2017, due to the lack of a quorum. Based upon feedback from members of the City Commission on
October 18, 2017, and at the request of the item sponsor the following modifications were made to the attached
ordinance and approved at First Reading on October31, 2017:
1. Section 142 -1253: New text establishing that Variances cannot be issued for separation requirements
2. Section 142 -1255: Prohibit Class III medical uses in in TC -1 districts and allow them in C -PS2 districts.
3. Section 142 -1256: Require that Class III medical uses not be located within 600 feet of a school, park, or religious
institution.
4. Section 142 -1259: Inclusion of a reasonable accommodation standard.
The Ordinance came before the City Commission for Second Reading /Adoption on December 13, 2017. Due to a
notice error, the item was opened and continued to a date certain of January 17, 2018.
The City Attorney's office has had continuing conversations with outside counsel and representatives from the United
States Department of Housing and Urban Development (US HUD), which resulted in non- substantive modifications
to the reasonable accommodation standard portion of the legislation. Additionally, minor modifications have been
made to the Ordinance to correct the distance requirements for "group homes" in order to be consistent with state
law. Finally, the whereas clauses have been updated to explain the extension of the moratorium through January.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
Legislative Tracking
Planning
Page 637 of 923
Sponsor
Vice-Mayor John Elizabeth Aleman
ATTACHMENTS:
Description
D
Form Approved ORD - 2nd Read MediaI Uses and ALF
n Ad
Page 638 of 923
THUM DAY JANUARY 4 213
MIAMIHMID.COM
EIGHBORS
15NE
MIAMIBEA:H
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
ORDINANCE AMENDING THE ASSISTED
LIVING FACILITY AND MEDICAL USE
ZONING REGULATIONS
January 17, 2018
NOTICE l$ HEREBY given that a Second Reading Public Hearing wIll he heard by
the Mayor and Clty Commission of the City of Miami Beach, Florlda, In the Commission
Chamber, 8rd Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on
January 17, 2018 at 5:06 p.m., or as soon thereafter as the matter can be heard, to
consider:
AN ORDINANCE. or THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING CHAPTER 130, "OFF-STREET PARKING," ARTICLE
II, "DISTRICT; REQUIREMENTS," TO ESTABLISH PARKING REQUIREMENTS FOR
ASSISTED LIVING FACILITY, ADULT DAY CARE CENTER, MEDICAL OFFICE, AND
RELATED USES; AMENDING CHAPTER. 142, 'ZONING DISTRICTS AND REGULATIONS,"
ARTICLE V, "SPECIALIZED USE REGULATIONS," TO CREATE DIVISION 2, "ASSISTED
LIVING AND MEDICAL USES", SECTIONS 142-1262 TO CREATE MEDICAL RELATED
USE DEFINITIONS, INCLUDING BUT NOT LIMITED TO DEFINING ASSISTED LIVING
FACILITIES, COMMUNITY RESIDENTIAL HOMES, COMPREHENSIVE OUTPATIENT
REHABILITATION FACILITY, CRISIS STABILIZATION UNIT; INTENSIVE INPATIENT AND
OUTPATIENT TREATMENT, AND RESIDENTIAL, TREATMENT CENTERS AND FACILITIES;
PROVIDING FOR CLASSES OF MEDICAL USES; AND PROVIDING FOR A ZONING USE
SCHEDULE .WITHIN THE VARIOUS ZONING DISTRICTS U THECITY, WHI CH DELINEATES
WHERE SAID MEDICAL RELATED USES ARE CONSIDERED PERMITTED, CONDITIONAL
OR PROHIBITED USES; PROVIDING FOR MINIMUM ZONING STANDARDS, DISTANCE
SEPARATIONS, HOURS OF OPERATION, AND SUPPLEMENTAL CONDITIONAL USE
CRITERIA; AMENDING CHAPTER 102, "TAXATION,' ARTICLE V, "LOOAL BUSINESS
TAX" AT SECTION 102-370, "SCHEDULE OF TAXES, EFFECTIVE OCTOBER 1, 2010' TO
PROVIDE NEW BUSINESS TAX RECEIPT FOR SAID USES; PROVIDING FOR PENALTIES,
VIOLATIONS, AND APPEALs OF CITATIONS; AMENDING CHAPTER 130, RELATING TO
OFF-STREET PARKING REQUIREMENTS FOR ALF AND MEDICAL USES; AMENDING
CHAPTER 102, "TAXATION," ARTICLE V, "LOCAL BUSINESS TAX" AT SECTION
102-379 'SCHEDULE OF TAXES, EFFECTIVE OCTOBER 1, 2016," AS TO A CERTAIN
BUSINESS TAX RECEIPT VALUATIONS; PROVIDING FOR REPEALER, SEVERABILITY;
CODIFICATION; AND AN EFFECTIVE DATE,
This Ordinance is being heard pmriant to section 2,05 of the City Charter; Section 110-164
of thd crty's Land Developtnent Code, and §788.041 F,S, Inquiries tray De cfiraotod to the
Planning Departmont a 305,673.7550.
INTERESTED PARTIES aro invited to appear at this mooting, or be represented by an
agent, or to express their views In writing addressed to the Clty CommIsslon, c/o the City
Clerk, 1700 Convention Center Drive, 1" Floor, City Hall, Mlami Beach, Florida 33139, This
Item Is available for public Inspection during normal business hours In the Office of the
City Clark, 1700 Convention Center Drive, 1"' Floor, Olty Hall, Miami Beach, Florida 83139,
This Item may be continued, and under such circumstances, additional legal notice need
not be provided.
Pursuant to 'Section 286,0106, Fla. Stat., the Olty hereby advises the public that If a
person decides to appeal any decislon made by the Olty Commission with respect to any
matter considered at Its meeting or Its hearing, ,such person must ensure that a Verbatim
record of the proceedings Is made, which record Includes the testimony and evidence
upon whloh the appeal Is to be based. This notice does not constitute consent by the Olty
for the Introduction or admission of otherwise Inadmissible or Irrelevant evidence, nor
does It authorize ohallenges or appeals not otherwise allowed by law.
To request this materiel In alternate -format, sign language Interpreter (fIve-day notice
required), Information on access for person S with disabilities, and/or any accommodation
to review any document or participate In any City-sponsored proceedings, oall
306,604,2480 and select 1 for English or 2 for Spanish, then option 6; TTY users may
oall vla 711 (Florida Relay SerVIce),
Ad 6,011718
Rafael E. Granado, City Clerk
City of Miami Beach
Page 666 of 923