Ordinance 2018-4175Assisted Living and Medical Use Clean -Up
ORDINANCE NO. 2018 -4175
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, "ZONING DISTRICTS
AND REGULATIONS," ARTICLE I, "GENERAL TO ALL ZONING DISTRICTS,"
TO ESTABLISH SECTION 142 -2, ENTITLED "ASSISTED LIVING FACILITIES
AND MEDICAL USES," TO INDICATE THAT ASSISTED LIVING FACILITIES
AND MEDICAL USES ARE REGULATED BY CHAPTER 142, ARTICLE V,
DIVISION 2, ENTITLED "ASSISTED LIVING AND MEDICAL USES" OF THE
LAND DEVELOPMENT REGULATIONS; AMENDING CHAPTER 142,
"ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT
REGULATIONS," AT SECTIONS 142 -153, 142 -213, 142 -243, 142 -303, 142-
333, 142 -455, 142 -587, 142 -594, AND 142 -736 TO REMOVE ADULT
CONGREGATE LIVING FACILITIES (ACLF), NURSING HOMES, AND
RELATED USES FROM THE LISTS OF PERMITTED, CONDITIONAL, OR
ACCESSORY USES AS THESE USES HAVE BEEN CONSOLIDATED AND
ARE REGULATED BY CHAPTER 142, ARTICLE V, DIVISION 2, ENTITLED
"ASSISTED LIVING AND MEDICAL USES" OF THE LAND DEVELOPMENT
REGULATIONS AND REMOVE THE TERM ADULT CONGREGATE LIVING
FACILITIES AS THIS TERM IS NOW OBSOLETE, AND ALSO ADDING A
CROSS - REFERENCE TO DIVISION 2, TO IDENTIFY MEDICAL
CONDITIONAL USES; AND AMENDING CHAPTER 58, ENTITLED
"HOUSING," ARTICLE III, ENTITLED "PROPERTY MAINTENANCE
STANDARDS," DIVISION 3, ENTITLED "MINIMUM STANDARDS ", AT
SECTION 58 -296, ENTITLED "ADULT CONGREGATE LIVING FACILITIES,"
TO RENAME THE SECTION "ASSISTED LIVING FACILITIES "; PROVIDING
FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE
DATE.
WHEREAS, over the past 25 years, other medical terms and uses have come into
existence and are being licensed on a state level, but, had not until recently been incorporated
in the City Land Development Regulations; and
WHEREAS, Chapter 58, Article III, Division 3, Section 58 -296 establishes minimum
property maintenance standards for adult congregate living facilities (ACLF's); and
WHEREAS, the City of Miami Beach has utilized the term "adult congregate living
facility" (ACLF), and said 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 (ALF's), and the
City desires to ensure that the City's zoning regulations are consistent with state law; and
WHEREAS, on January 17, 2017, the City Commission adopted amendments to
Chapter 142, Article V, Division 2 to establish zoning regulations that are consistent with state
law; and
WHEREAS, the amendments to Chapter 142, Article V, Division 2 protect the residents
and visitors of the City of Miami Beach by ensuring the proper location of medical uses; and
Page 1 of 7
WHEREAS, the amendments to Chapter 142, Article V, Division 2 consolidated the
majority of regulations for assisted living facilities and medical uses into a single division; and
WHEREAS, additional amendments are necessary to ensure internal consistency of
terms and regulations for assisted living facilities and other medical 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
WHEREAS, the amendments set forth below are necessary to accomplish the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1, Chapter 142, entitled "Zoning Districts and Regulations," Article I, entitled
"General to All Zoning Districts," is hereby amended as follows:
CHAPTER 142
ZONING DISTRICTS AND REGULATIONS
ARTICLE I
GENERAL TO ALL ZONING DISTRICTS
Sec. 142 -2. — Assisted Living Facilities and Medical Uses.
The list of permitted, conditional, accessory, and prohibited uses related to assisted living
facilities and other medical uses for each zoning district shall be as per Article V, Division 2 of
this chapter.
SECTION 1. Chapter 142, entitled "Zoning Districts and Regulations," Article II, entitled
"District Regulations ", of the Code of the City of Miami Beach, Florida is hereby amended as
follows:
CHAPTER 142
ZONING DISTRICTS AND REGULATIONS
*
ARTICLE II
DISTRICT REGULATIONS
Sec. 142 -153. - Conditional uses.
(a) The conditional uses in the RM -1 residential multifamily, low density district are adult
congregate living facility; day care facility; nursing home; religious institutions; private and
public institutions; schools; commercial or noncommercial parking Tots and garages.
Page2of7
Sec. 142 -213. - Conditional uses.
(a) The conditional uses in the RM -2 residential multifamily, medium intensity district are adult
congregate living facility; day care facility; nursing -home; stand -alone religious institutions;
private and public institutions; schools; commercial or noncommercial parking lots and
garages; and accessory neighborhood impact establishment; as set forth in article V,
division 6 of this chapter.
*
Sec. 142 -243. - Conditional uses.
The conditional uses in the RM -3 residential multifamily, high intensity district are adult
congregate living facility; day care facility; nursing home; stand -alone religious institutions;
private and public institutions; schools; commercial or noncommercial parking lots and
garages; accessory outdoor entertainment establishment; accessory neighborhood impact
establishment; and accessory open air entertainment establishment as set forth in article V,
division 6 of this chapter.
*
Sec. 142 -303. - Conditional uses.
(a) Generally. The conditional uses in the CD -2 commercial, medium intensity district include
the following:
(1) Adult congregate living facilities Reserved;
(2) Funeral home;
(3) Nursing homes Reserved;
*
Sec. 142 -333. - Conditional uses.
The conditional uses in the CD -3 commercial, high intensity district are adult living
congregate facilities; new construction of structures 50,000 square feet and over (even when
divided by a district boundary line), which review shall be the first step in the process before
the review by any of the other land development boards; outdoor entertainment establishment,
neighborhood impact establishment, open air entertainment establishment, nursing homes;
religious institutions with an occupancy greater than 199 persons; video game arcades; public
and private institutions; schools and major cultural dormitory facilities as specified in section
142 -1332; and storage and /or parking of commercial vehicles on a site other than the site at
which the associated commerce, trade or business is located, except such storage and /or
parking of commercial vehicles shall not be permitted on lots with frontage on Lincoln Road,
Collins Avenue, 41st Street and 71st Street. See subsection 142- 1103(c). When located on
that portion of Lincoln Road that is closed to traffic, these uses shall comply with section 142-
335. Alcoholic beverage establishments located in the area generally bounded by 40th Street
to the south, 42nd Street to the north, Alton Road to the west, and the Indian Creek waterway
to the east, shall be subject to the additional requirements set forth in section 142 -340.
Page 3 of 7
Sec. 142 -455. - Special use regulations.
(a) The following accessory uUses identified in chapter 142, article V, division 2 as permitted
in HD districts, may exist independent of the main hospital use after the main hospital use is
discontinued subject to approval by the planning board pursuant to the provisions of
chapter 118, article IV, and provided such uses comply with the provisions contained in
subsections (b) —(d) below:
(1) Nursing home or skilled nursing facility.
(2) Assisted living facilities or adult congregate living facilities.
('1) Medical educational, research and diagnostic facilities;
(5) Outpatient care facilities;
(6) Similar uses, as determined by the planning director.
(b) Such uses shall only occupy buildings and or structures that existed as of (the effective
date of this ordinance).
(c) There shall be no new construction or replacement of demolished structures on the site
unless the main permitted hospital use is reinstated by the appropriate agencies.
(d) Any building existing on the property may be adaptively reused consistent with subsection
(a) above, while retaining existing nonconforming height, setbacks, floor area ratio and off-
street parking, regardless whether the rehabilitation exceeds 50 percent of the value
determination, provided that the repaired or rehabilitated building shall be subject to the
regulations in subsection 118- 395(b)(1)a. —d.
Sec. 142 -587. - Conditional uses.
Conditional uses in the RO -2 residential /office low intensity district are adult congregate
living facility; day care facility; religious institutions with an occupancy greater than 199
persons; private and public institutions.
Sec. 142 -594. - Conditional uses.
Conditional uses in the RO -3 residential /office medium intensity district are adult
congregate living facility; day care facility; nursing home; religious institutions with an
occupancy greater than 199 persons; private and public institutions; schools.
Page 4 of 7
Sec. 142 -736. - Main permitted uses, conditional uses, accessory uses, and prohibited
uses.
(a) Land uses in the TC -1 town center core district shall be regulated as follows:
(1) The main permitted uses in the TC -1 district are commercial uses; alcoholic beverage
establishments pursuant to the regulations set forth in Chapter 6; apartments;
apartments /hotels; hotels. The ground story frontage along 71st Street and Collins
Avenue shall be governed by subsection 142- 737(c). The provisions of chapter 6
concerning distance separation for consumption of alcoholic beverages on- premises in
restaurants shall not apply to this district.
(2) The conditional uses in the TC -1 district are adult living congregate facilities; new
construction of structures 50,000 square feet and over (even when divided by a district
boundary line), which review shall be the first step in the process before the review by
any of the other land development boards; outdoor entertainment establishment,
neighborhood impact establishment, open air establishment, nursing homes; religious
institution; video game arcades; public and private institutions; and schools and major
cultural dormitory facilities as specified in section 142 - 1332.
SECTION 2. "Appendix A — Fee Schedule," of the Code of the City of Miami Beach is hereby
amended as follows:
Section
this Code
Description
Amount
Subpart B. Land Development Regulations
Chapter 118. Administration and Review Procedures
* *
118 -193
Conditional Use Permits
Application for Conditional Use Permit for an
assisted living facility (per bed)
100.00
SECTION 3. Chapter 58, entitled "Housing," Article III, entitled "Property Maintenance
Standards," Division 3, entitled "Minimum Standards ", at section 58 -296, entitled "Adult
congregate living facilities," of the Code of the City of Miami Beach, Florida is hereby amended
as follows:
Sec. 58 -296. Adult congregate Assisted living facilities.
Page 5of7
(a) In addition to the property maintenance standards set forth in this article, adult congregatc
assisted living facilities (AGLF) must comply with the requirements of subsections (b) —(k)
of this section, which shall control in case of conflict.
(b) Facilities must be in conformance with all provisions of the Soutia- Florida Building Code,
Fire Code, and the H.R.S. Fire Safety Standards for - adult congregate assisted living
facilities.
(c) All facilities with enclosed hallways shall have sprinkler systems in hallways and
bedrooms.
(d) Smoke detectors are required in each bedroom.
(e) All bedrooms, dining and indoor recreation areas shall be heated and air conditioned.
(f) All facilities of more than two floors shall have an elevator large enough to carry a stretcher
76 inches by 24 inches in a horizontal position.
(g) Each bedroom and bathroom shall have emergency call buttons.
(h) A bathroom shall be provided for each two AGLF units.
(i) Units including bedrooms, bathrooms and closets shall be a minimum of 200 square feet
for the first two occupants in each unit; for each additional person, another 100 square feet
shall be added excepting facilities with valid city and H.R.S. licenses as AGLF's as of June
25, 1983.
(j) Each communal area for eating and recreation shall each be no less than 20 square feet
per person; such areas may be contiguous to one another.
(k) Facilities must be in conformance with state department of children and family services
guidelines regarding availability of staff personnel on the premises.
SECTION 4. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
SECTION 5. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained, that the provisions of
this Ordinance shall become and be made part of the Code of the City of Miami Beach, as
amended; that the sections of this Ordinance may be re- numbered or re- lettered 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,
Page 6 of 7
PASSED and ADOPTED this 1 day of /i4 rC1 , 2018.
ATTEST:
Granado, City Clerk
Gelber, Mayor
First Reading: February 14, 201
Second Reading: March 7, 2018
Verified By:
Thomas R. Mooney, CP
Planning Director
APPROVED AS TO
FORM & LAN UAGE
/2,-3/10
& FOR EXEr TION
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T:\AGENDA\2018 \02 February \Planning\Assisted Living and Medical Use Clean -Up DRAFT ORD.docx
Page7of7
Date
MIAM
BEACH
Ordinances - R5 C
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: March 7, 2018
10:10 a.m. Second Reading Public Hearing
SUBJECT ASSISTED LIVING AND MEDICAL USE CLEAN -UP:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS," ARTICLE I, "GENERAL TO ALL ZONING DISTRICTS," TO
ESTABLISH SECTION 142 -2, ENTITLED "ASSISTED LIVING FACILITIES AND
MEDICAL USES," TO INDICATE THAT ASSISTED LIVING FACILITIES AND
MEDICAL USES ARE REGULATED BY CHAPTER 142, ARTICLE V, DIVISION 2,
ENTITLED "ASSISTED LIVING AND MEDICAL USES" OF THE LAND
DEVELOPMENT REGULATIONS; AMENDING CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," AT
SECTIONS 142 -153, 142 -213, 142 -243, 142 -303, 142 -333, 142 -455, 142 -587, 142 -594,
AND 142 -736 TO REMOVE ADULT CONGREGATE LIVING FACILITIES (ACLF),
NURSING HOMES, AND RELATED USES FROM THE LISTS OF PERMITTED,
CONDITIONAL, OR ACCESSORY USES AS THESE USES HAVE BEEN
CONSOLIDATED AND ARE REGULATED BY CHAPTER 142, ARTICLE V,
DIVISION 2, ENTITLED "ASSISTED LIVING AND MEDICAL USES" OF THE LAND
DEVELOPMENT REGULATIONS AND REMOVE THE TERM ADULT
CONGREGATE LIVING FACILITIES AS THIS TERM IS NOW OBSOLETE, AND
ALSO ADDING A CROSS - REFERENCE TO DIVISION 2, TO IDENTIFY MEDICAL.
CONDITIONAL USES; AND AMENDING CHAPTER 58, ENTITLED "HOUSING,"
ARTICLE III, ENTITLED "PROPERTY MAINTENANCE STANDARDS," DIVISION 3,
ENTITLED "MINIMUM STANDARDS," AT SECTION 58 -296, ENTITLED "ADULT
CONGREGATE LIVING FACILITIES," TO RENAME THE SECTION "ASSISTED
LIVING FACILITIES "; PROVIDING FOR CODIFICATION; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the subject Ordinance.
ANALYSIS
HISTORY
On February 8, 2017, at the request of Commissioner John Elizabeth Aleman, the City Commission
referred a comprehensive re -write of the Assisted Living and Medical Use provisions of the Land
Development Regulations to the Land Use and Development Committee (Item C4K). At that time, the
City also implemented a moratorium until the amendments were adopted.
On February 15, 2017, the Land Use and Development Committee discussed an ordinance related
Page 1035 of 1522
to Assisted Living Facilities and Medical Uses 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 Assisted Living Facility and Medical Use
Ordinance 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.
On June 28, 2017, the City Commission referred the Assisted Living Facility and Medical Use
Ordinance to the Planning Board for review and recommendation (Item C4A). On September 26,
2017, the Planning Board transmitted the Assisted Living Facility and Medical Use Ordinance to the
City Commission with a favorable recommendation.
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. On October 31, 2017 the City
Commission approved the item at First Reading with modifications. On January 17, 2018, the City
Commission adopted the Assisted Living and Medical Use Ordinance.
PLANNING ANALYSIS
The amendment adopted to the Land Development Regulations adopted by the City Commission on
January 17, 2018 established new regulations for Assisted Living Facilities and Medical Uses. In
short, Chapter 142, Zoning Districts and Regulations, Article V, Specialized Use Regulations,
Division 2, Adult Congregate Living Facilities, at Sections 142 -1251 through 142 -1270, were
repealed and a new Medical Use Ordinance was adopted in its place. The adopted Ordinance
consolidated the allowable locations for all medical uses into one section. The zoning districts in
which various classes medical uses are permitted are now identified in Section 142 -1255 of the Land
Development Regulations.
Prior to the Second Reading adoption of this amendment, staff determined that the entirety of the
previous regulations were repealed and replaced with the new, updated provisions of the Land
Development Regulations. However, the cross - references in certain other sections of Chapter 142
were not removed; these cross - references are now obsolete and need to be removed.
As a result of this consolidation, medical uses no longer need to be identified within the regulations of
individual zoning districts, and any such references should now be removed from the Code. The
proposed ordinance removes references to uses in each zoning district that are now regulated by
Section 142 -1255 to ensure that there are no conflicts. Additionally, the amendment removes
references to the obsolete term "Adult Congregate Living Facilities" (ACLF) throughout the Code of
Ordinances and replaces it with the appropriate term, "Assisted Living Facilities" (ALF).
The proposed clean -up ordinance is non - substantive in scope, and does modify any of the
regulations adopted on January 17, 2018. The sponsor of this clean -up ordinance is Vice -Mayor
John Elizabeth Aleman.
UPDATE
The subject Ordinance was approved at First Reading on February 14, 2018, with no changes.
Page 1036 of 1522
CONCLUSION
The Administration recommends that the City Commission adopt the subject Ordinance.
Lggis|mtivgTraohng
Planning/Office of the City Attorney
Sponsor
Commissioner John Elizabeth Aleman
ATTACHMENTS:
Description
FORM APPROVED DRD'Med Use Cleanup
Ad
Page 1037 of 1522
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