Ordinance 2019-4243 ORDINANCE NO., 2019-4243
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, BY AMENDING SUBPART B, ENTITLED
"LAND DEVELOPMENT REGULATIONS," BY AMENDING CHAPTER
142, ENTITLED "ZONING DISTRICTS AND REGULATIONS," BY
AMENDING ARTICLE II, ENTITLED "DISTRICT REGULATIONS," BY
AMENDING DIVISION 13, ENTITLED "MXE MIXED USE
ENTERTAINMENT DISTRICT," BY AMENDING SECTION 142-546
THEREOF, ENTITLED "ADDITIONAL RESTRICTIONS FOR LOTS
FRONTING ON OCEAN DRIVE, OCEAN TERRACE AND COLLINS
AVENUE," TO CLARIFY EXISTING PROVISIONS, AND TO
ESTABLISH PENALTY AND ENFORCEMENT PROVISIONS
APPLICABLE TO VIOLATIONS OF SECTION 142-546(b),
PERTAINING TO SPEAKER REGULATIONS FOR LOTS FRONTING
ON OCEAN DRIVE; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, Ocean Drive is a premier street in Miami Beach, providing residents and
visitors with a unique cultural, retail, and dining experience; and
WHEREAS, sidewalk cafes, which are central to the economy of Ocean Drive, enhance
the pedestrian experience and historic character of the street; and
WHEREAS, the City Commission desires to maintain the historic character of the City's
neighborhoods, and promote the unique cultural, retail, and dining experiences that are vital to
the City's economy; and
WHEREAS, on April 26, 2017, the Mayor and City Commission adopted Ordinance No.
2017-4085, creating regulations pertaining to exterior speakers on lots fronting Ocean Drive;
and
WHEREAS, the Mayor and City Commission now desire to amend these regulations, in
order to establish penalty and enforcement provisions; and
WHEREAS, the amendments set forth below are necessary to accomplish the objectives
identified herein.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. Division 13, entitled "MXE Mixed Use Entertainment District," of Article II, entitled
"District Regulations," of Chapter 142, entitled "Zoning Districts and 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
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DIVISION 13. MXE Mixed Use Entertainment District
* * *
Sec. 142-546. Additional restrictions for lots fronting on Ocean Drive, Ocean Terrace and
Collins Avenue.
(a) In the MXE mixed use entertainment district permitted uses in existing buildings at the
time of adoption of this section with two stories or less fronting on Ocean Drive or Ocean
Terrace and any building fronting on Collins Avenue from Sixth Street to 16th Street
shall comply with the following:
(1) The entire building shall be substantially renovated and comply with the South
Florida Building Code, fire prevention safety code and the property maintenance
standards. If the building is a historic structure, the plans shall substantially
comply with the Secretary of the Interior Standards and Guidelines for
Rehabilitating Historic Structures, U.S. Department of the Interior (revised 1983),
as amended.
(2) The buildings may contain offices, retail, food service establishments, alcoholic
beverage establishments, and residential uses or any combination thereof.
Medical and dental offices shall be prohibited uses in the MXE districts.
Commercial uses located above the ground floor shall only have access from the
interior of the building; no exterior access shall be permitted, unless a variance
from this requirement is granted.
(3) Required parking may be satisfied through participation in the parking impact fee
program as set forth in chapter 130, article V, where applicable under the
regulations contained therein.
(4) No existing building shall be internally reconstructed to change the number of
stories except that 20 percent of each floor plate may be removed to create an
open area or atrium.
(5) For existing buildings with two stories or less fronting on Ocean Drive or Ocean
Terrace, the addition of a story shall require that commercial uses comply with all
provisions of section 142-904 for accessory uses. For purposes of example only,
in buildings described in the foregoing sentence, the existence of commercial
uses on the ground floor which exceed 25 percent of the floor area shall not,
upon the addition of one story, be deemed grandfathered in, and the percentage
of commercial uses on the ground floor, upon the addition of one story, must
comply with the requirements of section 142-904, except if a variance is granted.
(6) No variances shall be granted from the requirements of this section 142-546,
except as specified in subsection 142-546(a)(2).
(b) Speaker regulations for lots fronting on Ocean Drive.
(1) Commercial establishments fronting on Ocean Drive, except retail
establishments, including, but not limited to, retail, office, and eating and drinking
venues, shall be prohibited from having speakers may only place or install
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outdoor speakers within 20 feet of the property boundary facing Ocean Drive or a
side street, .. . - e -- - " - - -- - -- - ' - -
street, unles, if such speakers are played music—is—being—played at ambient
levels, or unless the establ+shmcnt is fully enclosed.
12) Notwithstanding the foregoing as applicablc to retail establishments, no speakers
may be installed or placed outdoors, and Retail establishments fronting on
Ocean Drive shall be prohibited from placing or installing speakers outdoors.
Any music played indoors at retail establishments fronting on Ocean Drive must
be inaudible from the exterior of the premises at all times.
gi No variances shall be granted from the requirements of this section 142-546(b).
Lgi Penalties and enforcement.
LD A violation of subsection (b) shall be subject to the following civil fines and
penalties:
a. If the violation is the first violation, a person or business shall receive a
written warning or a civil fine of$250.00;
b. If the violation is the second violation within the preceding 12 months, a
person or business shall receive a civil fine of$1,000.00;
c. If the violation is the third violation within the preceding 12 months, a person
or business shall receive a civil fine of$2,000.00;
d. If the violation is the fourth violation within the preceding 12 months, a person
or business shall receive a civil fine of$3,000.00; and
e. If the violation is the fifth or subsequent violation within the preceding 12
months, a person or business shall receive a civil fine of $5,000.00, and the
City shall suspend the business tax receipt.
gj Enforcement. The code compliance department shall enforce this section. This
shall not preclude other law enforcement agencies from any action to assure
compliance with this section and all applicable laws. If a violation of this section 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 days after service of the notice of violation, and that the
failure to appeal the violation within ten days of service shall constitute an
admission of the violation and a waiver of the right to a hearing.
(3) 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
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ii. Request an administrative hearing before a special master to appeal the
notice of violation, which must be requested within ten 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 Code. A request for
administrative hearing 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 the code
compliance officer. The failure of the named violator to appeal the decision of
the 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.
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 ten
days of the service of the notice of violation.
g The special master shall not have discretion to alter the penalties prescribed
in subsection (c)(1).
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 3. SEVERABILITY.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
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SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this /3 day of February , 2018.
.an Gelber
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ATTEST: `lVf `yor7
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Raf. E. Granado - '.mcoRP \ORATED°
City Clerk 4
Underline denotes additions
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Strikethrough denotes deletions !�� H AP D 'STO
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(Sponsored by Commissioner Ricky Arriola) & FAR E- CLITION
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F:WTTO\KALN\ORDINANCES\Ocean Drive Speakers ORD 1-16-18 CC.docx
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Ordinances - R5 I
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: February 13, 2019
1:40 p.m. Second Reading Public Hearing
SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, BY AMENDING SUBPART B, ENTITLED "LAND
DEVELOPMENT REGULATIONS," BY AMENDING CHAPTER 142,
ENTITLED "ZONING DISTRICTS AND REGULATIONS," BY AMENDING
ARTICLE II, ENTITLED "DISTRICT REGULATIONS," BY AMENDING
DIVISION 13, ENTITLED "MXE MIXED USE ENTERTAINMENT DISTRICT,"
BY AMENDING SECTION 142-546 THEREOF, ENTITLED "ADDITIONAL
RESTRICTIONS FOR LOTS FRONTING ON OCEAN DRIVE, OCEAN
TERRACE AND COLLINS AVENUE," TO CLARIFY EXISTING
PROVISIONS, AND TO ESTABLISH PENALTY AND ENFORCEMENT
PROVISIONS APPLICABLE TO VIOLATIONS OF SECTION 142-546(B),
PERTAINING TO SPEAKER REGULATIONS FOR LOTS FRONTING ON
OCEAN DRIVE; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODI FICATION,AND AN EFFECTIVE DATE.
•
RECOMMENDATION
The Administration recommends that the City Commission adopt the subject Ordinance.
ANALYSIS
HISTORY/ BACKGROUND
On April 26, 2017, the Mayor and City Commission adopted Ordinance No. 2017-4085,
amending City Code Section 142-546, to create regulations pertaining to exterior speakers on
lots fronting Ocean Drive.
On July 25, 2018, at the request of Commissioner Ricky Arriola, the Mayor and City
Commission referred the subject Ordinance to the Land Use and Development Committee and
Planning Board (item C4J). On November 28, 2018 the Land Use Committee recommended
that the Planning Board transmit the attached Ordinance to the City Commission with a favorable
recommendation.
PLANNING ANALYSIS
The attached draft Ordinance amends City Code Section 142-546, in order to clarify existing
provisions, and to establish penalties for violations of the Ocean Drive Speaker Ordinance.
Page 485 of 911
Specifically, the clarifications include prohibiting speakers outdoors for retail establishments,
and requiring that any music played inside at retail establishments not be audible from the
exterior of the premises.
The inclusion of the proposed fine schedule is based on the penalty provisions applicable to
violations of the City's Noise Ordinance, codified at Chapter 46 of the City Code, entitled
"Environment,"Article IV, "Noise."
PLANNING BOARD REVIEW
On December 18, 2018, the Planning Board held a public hearing regarding the proposed LDR
Amendment and transmitted the Ordinance to the City Commission with a favorable
recommendation by a vote of seven to zero (7-0).
UPDATE
The subject Ordinance was approved at First Reading on January 16, 2019,with no changes.
CONCLUSION
The Administration recommends that the City Commission adopt the subject Ordinance.
Legislative Tracking
Planning/Office of the City Attorney
Sponsor
Commissioner Ricky Arriola
ATTACHMENTS:
Description
❑ Ordinance
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Page 486 of 911