Ordinance 2023-4537R esilien cy C o d e an d LD R U p d ate
O R D IN A N C E N O . 2023-4 537
A N O R D IN A N C E O F T H E M A Y O R A N D C IT Y C O M M IS S IO N O F T H E C IT Y O F
M IA M I B E A C H , FL O R ID A , ES T A B LI S H IN G A C O M P R E H E N S IV E Z O N IN G
O R D IN A N C E , HE R EA FT E R K N O W N A S TH E "R E S ILI E N C Y C O D E ," FO R TH E
C IT Y O F M IA M I B EA C H , FL O R ID A , PU R S U A N T TO TH E R E Q U IR E M E N T S O F
S EC T IO N 16 3.3202, FL O R ID A ST A T U T E S A N D C O N S IS T E N T W IT H TH E
MIAMI BEACH 2040 COMPREHENSIVE PLAN; TO REGULATE AND
RESTRICT THE ERECTION, RECONSTRUCTION, AL TERA TION, LOCATION,
PRESERVATION, SUBDIVISION, RESILIENCY, DESIGN, AND USE OF
BUILDINGS, STRUCTURES, LAND, AND WATER, FOR COMMERCE,
INDUSTRY, RESIDENCE, OR OTHER PURPOSES; TO REGULATE AND
RESTRICT THE SIZE OF BUILDINGS AND OTHER STRUCTURES
HEREAFTER ERECTED OR ALTERED; TO REGULATE THE SIZE AND
DIMENSIONS OF YARDS, COURTS, AND OTHER OPEN SPACES
SURROUNDING BUILDINGS; TO REGULATE AND RESTRICT BUILDING
LINES AND THE PERCENTAGE OF LOTS THAT MAY BE OCCUPIED, UNIT
SIZES, AND THE DENSITY OF POPULATION; TO REGULATE SIGNAGE; TO
ESTABLISH MINIMUM STANDARDS FOR LANDSCAPING; TO PROVIDE FOR
THE PROTECTION OF ENVIRONMENTALLY SENSITIVE LANDS AND
WATERBODIES; TO ESTABLISH REQUIREMENTS FOR PARKING,
TRANSPORTATION AND MOBILITY FEES, CONCURRENCY, AND
INFRASTRUCTURE; AND FOR SAID PURPOSES TO ESTABLISH A ZONING
ATLAS THAT DIVIDES THE CITY OF MIAMI BEACH INTO DISTRICTS OF
SUCH NUMBER, SHAPE AND AREA AS MAY BE DEEMED BEST SUITED TO
CARRY OUT THESE REGULATIONS, AND FOR EACH SUCH DISTRICT TO
IMPOSE REGULATIONS AND RESTRICTIONS DESIGNATING THE KINDS OR
CLASSES OF COMMERCE, INDUSTRIES, RESIDENCES, OR OTHER
PURPOSES AS DESCRIBED ABOVE; TO PROVIDE A METHOD FOR
AMENDMENT, SUPPLEMENT, CHANGE, MODIFICATION AND REPEAL OF
REGULATIONS, RESTRICTIONS AND BOUNDARIES; TO PROVIDE FOR A
DESIGN REVIEW BOARD, A PLANNING BOARD, A BOARD OF
ADJUSTMENT, AND A HISTORIC PRESERVATION BOARD, AND TO
PRESCRIBE THEIR POWERS AND DUTIES; TO PROVIDE PROVISIONS FOR
APPEAL; AND TO PRESCRIBE PENALTIES FOR THE VIOLATION OF THE
PROVISIONS OF THIS ORDINANCE AND ALSO TO PROVIDE FOR ITS
ENFORCEMENT; REPEALING ZONING ORDINANCE 89-2665, AS AMENDED,
IN ITS ENTIRETY; AND PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY, APPLICABILITY AND AN EFFECTIVE DATE.
WHEREAS, the current Land Development Regulations ("LDRs") were adopted as
Ordinance No. 89-2665 on September 21, 1989, and took effect on October 1, 1989; and
WHEREAS, over the years, the LDRs have been updated many times in order to authorize
specific developments, address changing conditions, and deal with environmental concerns; and
WHEREAS, as a result of over 32 years of updates, the Code has become cumbersome
to read, comprehend, interpret, and enforce; and
Page 1 of 4
W H E R EA S , since the current LDRs were adopted, there have been many advancements
in the way zoning codes are drafted to improve their transparency, facilitate interpretation, and
achieve better development results; and
WHEREAS, scientific research and actual conditions have yielded a greater
understanding of the impacts of climate change and sea level rise on the City's built environment;
and
WHEREAS, due to the City of Miami Beach's ("City") location and geography, the City is
experiencing, with more frequency and greater intensity, the impacts of climate change and sea
level rise (including, without limitation, increased storms and flooding, including King Tide events);
and
WHEREAS, the City Commission desires to adopt Land Development Regulations that
incorporate graphics and diagrams that aid in interpreting the written text, provide graphical
standards as to the expected form of a building, and include tables to clearly describe
requirements; and
WHEREAS, the City has a need for Land Development Regulations that will (1) address
climate adaptation and resilience, (2) modernize, simplify and update the Code while protecting
quality of life, (3) safeguard and promote historic preservation, (4) ensure clarity and
transparency, and (5) allow flexibility for code updates over time; and
WHEREAS, the City finds that a form-based approach to Land Development Regulations
would better describe to residents, property owners, and architects the requirements, standards
and intent of the Code; and
WHEREAS, the City Commission wishes to maintain the existing Land Use Board process
which promotes excellence in urban design and adherence to sound planning principles; and
WHEREAS, the City seeks to adopt Land Development Regulations, known as the
"Resiliency Code," that will accomplish the aforementioned goals; and
WHEREAS, pursuant to the City's home rule powers under the Florida Constitution and
Chapter 166, Florida Statutes (the Municipal Home Rule Powers Act), and Section 163.3202,
Florida Statues, the City has the authority to adopt Land Development Regulations; and
WHEREAS, pursuant to Section 163.3202(1), Florida Statutes, the Land Development
Regulations must be consistent with the adopted Comprehensive Plan; and
WHEREAS, the City finds that the proposed Resiliency Code is consistent with the City of
Miami Beach 2040 Comprehensive Plan; and
WHEREAS, the City finds that the proposed Resiliency Code is consistent with the City
Charter; and
WHEREAS, the City has the authority to enact laws which promote the public health,
safety, general welfare, and morals of its citizens; and
WHEREAS, the amendments set forth in the Resiliency Code, attached and incorporated
as Exhibit "A" to this Ordinance, are necessary to accomplish all of the above objectives.
Page 2 of 4
NO W , TH E R EF O R E, B E IT O R D A IN E D B Y TH E M A Y O R A N D C IT Y C O M M IS S IO N O F
T H E C IT Y O F M IA M I B E A C H , F L O R ID A :
S E C T IO N 1 .
Zoning Ordinance 89-2665, as amended, is hereby repealed.
SECTION 2.
The Miami Beach Resiliency Code, as set forth in "Exhibit A" to this Ordinance, is hereby
adopted as the Land Development Regulations for the City of Miami Beach in subpart B of
the City Code of Ordinances.
SECTION 3.
The Zoning District Map adopted as part of Zoning Ordinances 89-2665, as amended, is
hereby re-adopted as the Zoning District Map for the Miami Beach Resiliency Code.
SECTION 4.
The City Commission directs the City Administration to incorporate amendments to Zoning
Ordinance 89-2665 that are adopted between July 1, 2022 and the effective date of this
Ordinance into the Miami Beach Resiliency Code in the sections deemed most appropriate.
SECTION 5. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be
and the same are hereby repealed.
SECTION 6. 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 7. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION 8. APPLICABILITY.
This Ordinance shall not be enforced against any land development application for which a
completed application package for Board of Adjustment, Historic Preservation Board, Design
Review Board, or Planning Board approval was filed with the Planning Department prior to the
effective date of the Ordinance; or against any applicant that obtains a Building Permit Process
Number from the Building Department prior to the effective date of this Ordinance. For any such
application, the Land Development Regulations in effect at the time of submittal shall continue to
apply to the application or project.
Page 3 of 4
SEC T IO N 9. EF F E C T IV E D A T E .
This Ordinance shall take effect one hundred twenty (120) days following adoption.
PASSED and ADOPTED this ' day¢ February _,2023.
a7 -
ATTEST:
l
September 14, 2022
ea
vanes u h> ,u
First Reading:
Second Reading:
Thomas R. Mooney
Planning Director
Dan Gelber, Mayor
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
rY •
City Attorney [k Date
T:\Agenda\2023\1 - February 2023\Planning\Resiliency Code - Second Reading ORD.docx
Page 4 of 4
O r d in a n ce s - R5 H
M IAM I BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manag er
DATE: February 1, 2023
5:01 p.m. Second Reading Public Hearing
SUBJECT: RESILIENCY CODE AND LDR UPDATE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ESTABLISHING A COMPREHENSIVE
ZONING ORDINANCE, HEREAFTER KNOWN AS THE "RESILIENCY
CODE," FOR THE CITY OF MIAMI BEACH, FLORIDA, PURSUANT TO THE
REQUIREMENTS OF SECTION 163.3202, FLORIDA STATUTES AND
CONSISTENT WITH THE MIAMI BEACH 2040 COMPREHENSIVE PLAN;
TO REGULATE AND RESTRICT THE ERECTION, RECONSTRUCTION,
ALTERATION, LOCATION, PRESERVATION, SUBDIVISION, RESILIENCY,
DESIGN, AND USE OF BUILDINGS, STRUCTURES, LAND, AND WATER,
FOR COMMERCE, INDUSTRY, RESIDENCE, OR OTHER PURPOSES; TO
REGULATE AND RESTRICT THE SIZE OF BUILDINGS AND OTHER
STRUCTURES HEREAFTER ERECTED OR ALTERED; TO REGULATE
THE SIZE AND DIMENSIONS OF YARDS, COURTS, AND OTHER OPEN
SPACES SURROUNDING BUILDINGS; TO REGULATE AND RESTRICT
BUILDING LINES AND THE PERCENTAGE OF LOTS THAT MAY BE
OCCUPIED, UNIT SIZES, AND THE DENSITY OF POPULATION; TO
REGULATE SIGNAGE; TO ESTABLISH MINIMUM STANDARDS FOR
LANDSCAPING; TO PROVIDE FOR THE PROTECTION OF
ENVIRONMENTALLY SENSITIVE LANDS AND WATERBODIES; TO
ESTABLISH REQUIREMENTS FOR PARKING, TRANSPORTATION AND
MOBILITY FEES, CONCURRENCY, AND INFRASTRUCTURE; AND FOR
SAID PURPOSES TO ESTABLISH A ZONING ATLAS THAT DIVIDES THE
CITY OF MIAMI BEACH INTO DISTRICTS OF SUCH NUMBER, SHAPE
AND AREA AS MAY BE DEEMED BEST SUITED TO CARRY OUT THESE
REGULATIONS, AND FOR EACH SUCH DISTRICT TO IMPOSE
REGULATIONS AND RESTRICTIONS DESIGNATING THE KINDS OR
CLASSES OF COMMERCE, INDUSTRIES, RESIDENCES, OR OTHER
PURPOSES AS DESCRIBED ABOVE; TO PROVIDE A METHOD FOR
AMENDMENT, SUPPLEMENT, CHANGE, MODIFICATION AND REPEAL OF
REGULATIONS, RESTRICTIONS AND BOUNDARIES; TO PROVIDE FOR
A DESIGN REVIEW BOARD, A PLANNING BOARD, A BOARD OF
ADJUSTMENT, AND A HISTORIC PRESERVATION BOARD, AND TO
PRESCRIBE THEIR POWERS AND DUTIES; TO PROVIDE PROVISIONS
FOR APPEAL; AND TO PRESCRIBE PENALTIES FOR THE VIOLATION
OF THE PROVISIONS OF THIS ORDINANCE AND ALSO TO PROVIDE
Page 943 of 14 20
F O R IT S E N F O R C E M E N T ; R E P E A LI N G Z O N IN G OR DI N AN C E 8 9 -2 6 6 5, A S
A M E N D E D , IN IT S E N T IR E T Y ; A N D P R O V ID IN G F O R C O D IF IC AT IO N ,
R E P E A L E R , S E V E R A B ILI T Y, A P P LI C A B ILI T Y AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the subject Ordinance.
BACKGROUND/HISTOR Y
HISTORY
On June 5th, 2019, City Commission authorized the issuance of a Request for Qualifications
(RFQ) for a firm to analyze and update the City's Land Development Regulations (LDR's) to
better meet the City's present regulatory needs with a primary focus on resiliency. On October
16th, 2019, the City Commission accepted the recommendation of the City Manager and
authorized the Administration to enter into negotiations with Perkins & Will Architects, Inc., the
top ranked proposer. On August 21st, 2020, the City awarded the contract to the firm of Perkins
& Will. .
On May 4, 2022, the City Commission referred the subject Ordinance to the Land Use and
Sustainability Committee (LUSC) and the Planning Board (C4W). The sponsor of the proposal
is Commissioner Ricky Arriola.
On June 3, 2022, and June 17, 2022, the Planning Department conducted Community
Workshops with the Planning Board. On June 6, 2022 the item was discussed by the LUSC
and continued to the July 7, 2022 LUSC meeting. On July 7, 2022, the LUSC recommended
that the Planning Board transmit the proposed ordinance to the City Commission with a
favorable recommendation.
BACKGROUN D
In 2019, at the recommendation of the Matrix Group, the City Commission directed the
Administration to issue an RFP for a new Resiliency Code. The drafting of this code, using a
form-based approach, would also be a long-needed update of our current Land Development
Regulations (LDR's), which have not been holistically evaluated since adoption in 1989.
As previously directed by the City Commission, the Administration negotiated a scope of
services with the top ranked firm, Perkins and Will, and the contract was executed in 2020. The
consultant began work on the revised code, which included a full review of the Land
Development Regulations (LDR's). The consultants wer e also tasked with assessing potential
impacts of flooding, climate change and sea level rise city-wide and to recommend mitigation
strategies within the updated LDR's as part of the new Resiliency Code.
After contract award in August 2020 the consulting team commenced the code update process
by engaging in substantive scenario planning with City staff. This included an analysis of future
trends, projected impacts of climate change and sea level rise, as well as other factors such as
population growth, transportation and mobility, hazard mitigation and the preservation and
protection of cultural and architectural resources. This scenario planning has resulted in an ideal
Page 944 of 1420
fram e wo rk for th e re c om m e n d at i on s th a t wil l b e incl u d e d a s p ar t of th e d ra ft o f th e R e si lien c y
C o d e .
In 2 0 2 1 , C ity s taff or g an i z e d a n um b e r o f fo c u s g ro up wor k sh op s inv ol vin g stakeholders from a
wide variety of interests and disciplines, including residents, developers, property owners,
attorneys, design professionals and neighborhood groups. Because of the size of the
workshops, multiple meetings wer e held, primarily using virtual platforms, due to the pandemic.
The following is a summary of all meetings held to date:
• May 27, 2021
o Resiliency Code Focus Group Meeting Homeowner Associations
• June 2, 2021
o Resiliency Code Focus Group Meeting - CMB Chamber of Commerce
o Resiliency Code Focus Group Meeting CMB Convention Center & GMCVB
o Resiliency Code Focus Group Meetings Land Use and Sustainability Committee
• June 3, 2021
o Resiliency Code Focus Group Meeting HPB - MDPL
o Resiliency Code Focus Group - Design Review Board
o Resiliency Code Focus Group - Land Use Attorneys
• June 10, 2021
o Resiliency Code Focus Group - Landowner and Developer
o Resiliency Code Focus Group Meeting PB & BOA- Board Members
o Resiliency Code Focus Group Meeting -Architects
• February 10, 2022
o Tom Mooney -- Brief to Miami Beach Chamber of Commerce
o June 1, 2022
o Resiliency Code to Land Use and Sustainability
• June 3, 2022
o Community Meeting/Workshop- PB
• June 17, 2022
o Community Meeting/Workshop- PB
ANALYSIS
PLANNING ANALYSIS
The current Land Development Regulations (LDRs) were adopted as Ordinance 89-2665 on
September 21, 1989 and took effect on October 1, 1989. Over the years the LDR's have been
updated many times in order to authorize specific developments, address changing conditions, and
address environmental concerns. As a result of over 32 years of updates, the Code has become
cumbersom e to read and comprehend.
Page 945 of 1420
Since the current LDRs were adopted there have been many changes in the way zoning codes are
drafted to improve their transparency, facilitate interpretation, and achieve better development
results. This includes incorpo rating graphics and diagrams that detail how the written text is to be
interpreted, providing graphical standards as to the expect ed form of a building, and including tables
to describe requirements as opposed to paragraphs.
Finally, there is now a better understanding of climate change and sea level rise. Given the City of
Miami Beach's location and geogr aphy, it is experiencing the impacts of sea level rise today during
con tinuously increasing King Tide events. As a result of this knowledge, it is imperative to embed
regulations to mitigate against these impacts in the LDRs to ensure that new buildings are resilient
well into the future.
As a result of these issues, the proposal herein will replace Zoning Ordinance 89-2665 with a new
Resiliency Code. The Resiliency Code will not noticeably alter the scale of development, allowable
uses, parking requirements, or development patterns. The following are the goals of the code
update:
• Address climate adaptation and resilience
• Modernize, simplify and update the Code while protecting quality of life
• Safeguard historic preservation
• Ensure clarity and transparency in Code, Land Use Boards and permitting proce ss
Allow flexibility for Code updates over time
The proposed Miami Beach Resiliency Code and LOR Update utilize a form-based approach to
better describe to architects, property owners, and residents the intent and standards within the
Code. The proposed Code maintains all existing land use boards and maintains their jurisdiction of
review. Feedback from the LUSC, Planning Board, and focus groups has been incorporated into the
draft.
PRO POSED CH A NGE S BY CH AP TE R
Below is a summa ry of the more substantive changes proposed for each chapter of the Code and
should be read with the draft Code document, which was provided under separate cover at First
Reading. Due to the length of the document, it was printed separate from the Commission Agenda
booklet. The update document may be acce ssed digitally at the following direct link:
https://www.miamibeachf.gov/city-hall/planning/resiliency-code/
In addition to the proposed changes noted below, a nurrber of minor changes have been made such
as reordering of content for better readability, the removal of redundant regulations and ambiguities,
citation corrections, the memorialization of past interpretations, and compliance with recently adopted
State Laws. Additionally, amendments that have bee n recently adopted by the City Commission have
bee n incorporated into the Code.
C hapt er 1: G eneral Provisions (fo rm erly Chapt er 114: G enera l Provisions)
• Article II: Definitions
o All definitions currently distributed throughout the Code have been consolidated in Article 11
(Definitions) and have been categorized for easier reference.
o Use definitions have been categorized to correspond to new use tables introduced in Chapter 7
(Zoning Districts and Regulations)
o New and revised definitions are highlighted in the draft Code document.
Page 94 6 of 1420
o New definition for Neighborhood Impact Lot - Developments on properties greater than 20,000
square feet of lot area.
o New definition for Neighborhood Impact Structure - 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 proce ss before the review by any of the other land development boards.
o New definition for Gross Floor Area - Clarifying that it shall not be considered or construed as
Floor Area.
o Definition clarification pertaining to Historic District Suites Hotel to include non-contributing
structures.
• 1.3.5 - Text regarding building permit expiration in relation to land use board approvals has been
updated and clarified.
• New section: 1.3.6 Administration of Regulations. This section clarifies the role of the planning
director to interpret the land development regulations, the standards for administrative interpretation
and the appeal process for administrative determinations.
Chapter 2: Administration and Review Procedures (formerly Chapter 118: Administration
and Review Procedures)
• Consolidated and standardized provisions for appointment and conduct of Land Use Boards.
• Consolidated, standardized and updated application and hearing procedures for land use
approvals.
• Created a new annual 4-time per year zoning cycle.
• Created a new process and standards for commission warrants, which can allow modifications up to
25% from design parameters for specific projects, in order to minimize the need for future code
ame ndments and provide better control of development proposals.
• No changes to historic preservation regulations.
• Created a new Conditional Use criterion for pedestrian safety and comfort.
• Clarified that traffic studies as part of ORB or HPB applications are required for new square
footage.
• Incorpo rated timeframes for appeals and stay of work provisions, as recently adopted by the City
Commi ssion.
• Correct ed typos in boundaries for established historic districts.
• Provided for the ability of the City Commission to grant a waiver of applicable fees for Code
Ame ndments based upon a finding of the Commi ssion that the amendment is has unique
circumstances. Currently the City Commission can only grant a fee waiver for if it is requested by a
non-profit organization, neighborhood association, or homeo wner's association for property owned by
any such organization or associ ation. All other fee waiver requests for Code amendments must first
be recomme nded by the City Manager.
Chapter 3: Concurrency Management and Mobility Fees (formerly Chapter 122
Concurrency Management and Mobility Fees)
• No major changes proposed
Chapter 4: Landscape Requirements (formerly Chapter 126: Landscape Requirements)
• General enhancements to promote drought tolerant and salt tolerant speci es suitable for Miami
Beach, and soil volume requirements have been added for street trees to improve street tree health.
• Perrra nent, temporary and provisional parking lot standards have been adjusted slightly.
• New requireme nts to promote permeability for stormw ater management have been incorporated.
Chapter 5: Off-Street Parking (formerly Chapter 130: Off-Street Parking)
• Existing parking districts 1-9 have been re-o rganized into parking tiers 1-3, with subdistricts to
Page 94 7 of 1420
maintain the existing boundaries and requirements associated with parking districts 1-9. Additionally,
maps are included to clarify the locations of parking tier sub-districts (formerly known as parking
districts).
• Tier 1 (highest parking requirements)
o Tier 1 is composed of former parking district 1 and applies to all areas outside of other parking
districts/tiers.
o Parking requirements have been consolidated for some uses but no changes have been made.
• Tier 2 (intermediate parking requirements)
o Tier 2 is composed of former parking districts 5, 6 and 9, which are maintained.
o Modified minimum parking requirements are specified for some uses.
o Tier 1 requirements apply for uses for which no parking requirements are specified.
o Conflicts in the minimum parking requirements for districts 5, 6 and 9 were reconciled.
o Geographic exceptions preserve the specific requirements of former districts 5, 6 and 9.
• Tier 3 (lowest parking requirements)
o Tier 3 is composed of former parking districts 2, 3, 4, 7 and 8, which are maintained.
o Modified minimum parking requirements are specified for some uses.
o Conflicts in the minimum parking requirements for districts 2, 3, 4, 7 and 8 were reconciled.
• All parking regulations formerly in Chapter 142 have been consolidated within chapter 5.
• Creation of a structure of areas for future reduced parking requirements that can be expanded to
align further with transit corridors and hubs as identified by the City's Comprehensive Plan and
Transportation Master Plan.
• Parking requirements are provided in tables organized by use, like the use tables in Chapter 7
(Zoning Districts and Regulations).
• New Section 5.2.5 - Minimum Bicycle requirements:
o Short term and long-term bicycle parking requirements have been applied city-wide for commercial
non-retail, retail, restaurants, bars, nightclubs, hotel and multifamily residential.
• Section 5.2.8 - Off-site parking facilities:
o Made maximum distance for offsite parking consistent across the city at 1,200 feet from the
property.
• New Section 5.2.9 - Non-conforming parking lots:
o New regulations for the repair and/or rehabilitation of nonconforming parking lots.
• Removed Supplementary Convention Center Parking Article as authority to issue supplementary
convention center parking permits expired in 1993.
Chapter 6 Signs (formerly Chapter 138: Signs)
• Clarified design review requirements and interpretation of maximum sign sizes.
• Standardized terminology for different types of signs and added definitions.
• Updated graphic exhibits.
• Removed obsolete special conditions for wall signs related to comer buildings.
Chapter 7: Zoning Districts and Regulations (formerly Chapter 142: Zoning Districts and
Regulations and Chapter 133 Sustainability and Resiliency)
* Denotes changes relating to the relocation of content only
7.1 GENERAL TO ALL ZONING DISTRICTS
7 .1.2 Resilience and Adaptation Standards
• Placed in the first section and combined with 'Exterior building and lot standards', which regulates
yard height and adaptation responses (These standards are currently located in Chapter 133 -
Sustainability and Resiliency).
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• W he ne ver po ss ib le cl a rified and stream li ne d verti cal me asureme nts and tied them to Base Flood
E le vatio n {B F E ). B eca use vertica l me asureme nts change over time , this allow s the cod e to remai n
up to date as Ba se F lood E le vation mi gr at es upw ard s over time .
• N e w and U pd a ted D e fin itio ns:
o P ed e stal defin itio n (C hap t er 1) w as upd ated fro m '50 feet me asured fr om the sidew alk elevation' to
'5 0 fee t me asu red from BF E'.
• C reated a ne w hie rarchy of reg ulations sup po rted by exh ibits in the fo llowi ng order:
o 7.1.2.2 R e silien ce and Ada ptation Standa rds fo r Buildings {fo rme rly Sec 142-870.17. D esign and
R e silie nce Sta nda rds).
T h e se incl ude :
- S u bterr anea n
- U nd e rs to ry
- R e si den tial F irs t H a bitab le Level {F H L)
- N on -Re si den ti al F irs t H a bitable Level (F H L )
- T h e minimum floor -to-cei ling he ight has bee n increased to 12 fee t fo r residential FH L and 14 fee t
fo r no n-resid e ntia l FH L in the new 'F irs t H abitable Level Standards' sect ion, in order to create a
lo ng e r lifespan/loo se r fit wh ich wi ll ease the retro fit proce ss.
o 7 .1.2 .3 R e silie nce an d Adaptatio n Standards fo r E xt erior Building and Lot. T hese incl ude:
- M in imu m and M axi mu m Yard Elevatio ns {R eloca ted so me of the Ext erior building and lot standards
and ya rd sta ndards in the R S zo ning district s as w ell as R M -1, and RM -2). Standards were
co nve rt ed to tab le s.
- U pd ated ele vatio n of mi ni mum req ui red yards from 5 fee t NAVD to Future Adjusted Grade {if Future
C ro wn of the R oa d is known ), and B F E min us 1 foo t {if Future Cro wn of the R oa d is not known ) to
kee p up wi th a po rtio n of IP C C 's projec tio ns.
7.1.3 Env iro nme ntal M itig atio n S tandards
• Pl a ced Gr e e n Bui ldi ng s an d R ating System s in this sectio n to emph asize th e cl ose rel ation ship
be tw een 'ada ptatio n' wh ich prece des this sect ion, and 'mit igation .'
• C reated a sect ion fo r 'O rig inal G ree n Sta ndards' that w ould deal wi th pass ive coo ling, daylighting,
and other environme nta l me asures that are not related to rating systems and higher tech so lutions.
7.1.4 Fr on ta ge s
• C reated a new sect ion wh ich shows the cross -sect io ns of new co nstru ct ion and fu ture retro fit. This
is in spired by S mar t C od e but illustrates how the frontage relates to the fu ture cro w n of the road.
7.1.5 M inimu m U n it S ize s
• C reated a ne w se ct io n for mi nimum unit size s th at mak e s them co nsistent citywi de, unless reg ulated
in ea ch district, overla y, or histo ric district . M ost district s have the same mi ni mum unit size s.
• R em o ved 'Aver a ge U nit Sizes' to simplify cal cul ation s an d enforcem en t of the cod e and to ma ke th e
project s le ss excl usio na ry . T h is ch ange doe s incr ea se maxi mum al low abl e density req uireme nts in
each district.
7 .1.6 Park ing S cree nin g S ta ndards
• R e loca ted and enha nced 'G ro und Floo r R eq uireme nts' fr om R M and CD districts, and other
districts and rena med it '7 .1.6 Pa rk ing S cree ning S tandards'. T his enabled the cod e to be shortened
an d impr o ves fro nt a ge qual ity.
• T h e pro visio n req uirin g line r buildings fo r park ing ha s been modi fi ed so that it is co nsistent wi th the
te rms 'und e rs to ry ' and 'F irs t H a bitable Level {F H L)' as used elsewh ere in the pro po sed cod e.
7 .1.7 C o lo rs
Page 949 of 1420
• C le a n up rrod ifica tio ns fo r cl a rity , but no significa nt changes.
7.1.8 P ro hib ited U ses (fo rme rly Sect ion 142.1)
• R e loca ted P roh ibiting G ambl ing an d C asinos to Pro hibited U se s to this sect ion.*
• R e lo ca ted 'As sisted living faci lit ie s and me dica l uses' to suppleme ntary use sect ion.*
• R e loca ted pro hibiting 'R e ntals of M oped s, M otorcycl es and M otorized Bicycl es, as w ell as
pro h ib iting 'N e ig hbo rh ood and R etail Fulfilme nt C e nters ' to this se ction.*
7.2 D IS T R IC T R E G U L AT IO N S
Al l Z o n in g D istrict s
• C le a ne d up and created a co nsistent and cl ear D istrict sec tion stru cture. Al l D istricts incl ude:
• P u rpo se
• U se s (wi th table s)
• D e ve lopme nt R eg ulatio ns (wi th tables and exh ibits) and
• Ad d itio na l R eg ulatio ns if any
• N um ber ing thro ug ho ut the cod e w as ma de co nsistent and simp lified so that the cod e ca n be
ame nd ed and exp and ed wi tho ut having to le ave 'R ese rv ed ' sect ions.
• Al l zo ning district s rema in exce pt fo r a few that w ere remo ved beca use they had not been deployed
in th e zo ning ma p . D istrict s re rro ved w ere R O -2 an d R 0 -3 .
• D istrict s were reo rga nize d as a gradie nt fr om less intense (such as Si ngl e Famil y R esiden tial and
Town ho me D istrict s) to mo re int ense (such as M ixed -U se Entertainme nt and Town Center D istricts)
an d C iv ic D istrict s (G o vern me nt U se, S pec ial P ublic Faci lities District s) and Spe ci al D istrict s (G olf
C o u rs e and W ate rw ay D istricts) .
• M o st O verlay D istrict s rema in exce pt fo r a few that w ere inco rpo rated into the underlying zo ning
district, such as the 40t h Stree t O verlay, w hich only affected a few pro pe rties in the RS -2 and RS -4
Di strict s ).
• C on v ert ed per mi tted, con dition al , acce ss ory and pro hibited use paragraphs into tables.
S u p p le me nta l use reg u la tio ns rema in and are referenced on the tables. T his ma kes the cod e mor e
co n siste nt and easie r to interp ret.
• C om bi ne d th e exi sting D e velo pme nt R eg ulations Table or text wi th the Setback R eq uireme nts to
crea te o ne large r tab le. Al l sta ndards in all D istrict s now have the sa me table stru ct ure, wh ich ma kes
the cod e sho rt e r and mor e user friendly.
• Add ed allo w ab le inte nsity (FA R ) and density (units pe r acre) fr om the C omp rehensive Plan to all
D e ve lo p me nt R eg ulatio ns Tab le s. T his allows the cod e to be mo re user fri endly and cl ear.
• T h e mi nimum unit size an d de nsity bo nus fo r w orkforce and affordable housing has bee n listed in all
tab le s.
• R e loca ted and enha nced 'G ro und Floo r R equireme nts' and 'For N ew Constru ct ion' to General to
Al l Di strict s and rena med it '7 .1.6 P ark ing S cr ee ning Standards' and refer to that sect ion in all
ap p lica b le D istricts. T h is ena b led the cod e to be sho rte ned and imp ro ves frontage quality .*
• D e le ted se tback req uireme nts fo r At -G rade pa rk ing lo ts fr om all district s on the sa me lot beca use a
tab le w a s added to the P a rk ing C hapter wh ich establishes general standards fo r surface park ing lots.
• W h e ne ver th e re is a me ntio n of a geog raphic area in the distri ct reg ulations a reference to a ma p
key w as added and ma p ped in G IS . T his ma p appe ars on the G ridics Platform direct ly acce ss ible
th ro ug h the text .
• D e le ted Vi d eo G ame Ar ca de fro m use reg ulatio ns beca use this is not used anyrro re.
• In cl u d ed Acce ss ory U se s listed in the 'Art icl e IV Su ppleme nta ry D istrict Reg ulations' to the D istrict's
U se s ta b le s. An y speci fic sup ple me ntary reg ulatio ns rema in in '7 .5.4 suppleme ntary use reg ulations'.
7.2 .2 R S
Page 950 of 1420
• Understories are allowed with administrative approval and would no longer require mandatory ORB
review.
• Single-family homes utilizing an understory may be increased in height by up to 3 feet. An
understory with a minimum height of 10 feet places the Residential First Habitable Level (FHL)
above the maximum Design Flood Elevation. Therefore, up to 3 additional feet is permissible to
ensure comfortable and climate responsive ceiling heights.
• Clarified that a 10-foot ground-level clearance is not required for understory homes.
• Consolidated setback table with other development standards to create one table, making the code
more user friendly and clear.
• Eliminated parapet setbacks because they typically follow the line of the building.
• Relocated other yard requirements to the text and notes immediately following the table. (7.2.2.3 vii
Exterior Building and Lot Standards RS)*
• In the Altos del Mar Historic District the maxirrum height of 37 feet remains, but the calculation of
height was changed so that it is measured from DFE rather than from grade, to better accommodate
future retrofits and prorrote a longer building lifespan, as well as be consistent in the way height is
measured throughout the code.
• 'Commercial Use of Single-Family Homes Prohibited' (currently Sec. 142-109), was rroved to
supplemental uses section in RS.*
• Provisions for the derrolition of single-family homes located outside of historic districts was moved
to 7 .2.2.4 and modified to be consistent with recently adopted State Law.*
• Modified the pre-1942 retention incentives to pre-1966 retention incentives.
7.2.3 TH
• Relocated public-private parking agreement paragraph and 'Sec. 142-607 Design Review' to
'7.2.3.4 Additional Regulations (TH)'.*
7.2.4 RM -1
• Added Hostels as a prohibited use.
• Because 'Exterior Lot Standards' has been relocated in Section 7.1.2, deleted it from RM-1 and
refer to that section.*
• Relocated standards for the 'Flamingo Park Local Historic District' to '7.2.4.4 Additional
Regulations (RM-1)"
• Relocated the 'North Beach Private and Public School Overlay District' to section 7.2.4.5 as part of
the RM-1 District. This Overlay only affects a few properties in RM-1 and it is more appropriate as
part of the District Regulations."
7.2.5 R M -2
• Added Hostels as a prohibited use.
• Because 'Exterior Lot Standards' has been relocated in Section 7.1.2, deleted it from RM-2 and
refer to that section.*
• Relocated regulations for properties that front the west side of Alton Road and Julia Tuttle
Causeway to '7.2.5.4 Additional Regulations'*
7.2.6 RM -3
• Added Hostels as a prohibited use.
• Organized many of the remaining regulations into a section, 'Additional Development Regulations.'*
7.2.7 RM-PRO
• Added Supplemental minimum unit sizes because it differed from those found in Article 1.
Page 951 of 1420
7.2.8 R M -P R D -2
• S eparated Sec. 142-187 'P urpo se and Uses' into tw o sect ions, 'Purpo se' and 'Uses' to be
co nsistent wi th other zo ning district s.
• U nder uses, added a sentence regarding allowance of limi ted acce ssor y gro und floo r retail to the
Acce ssory Uses. The se ntence had bee n loca ted , previously, in a part of the doc urre nt that doe s not
pe rta in to uses.
• Created 'Ad ditional Use Reg ulations' in order to gather the use reg ulations fo r the St. Francis
Hospital Site and place these wi th other use reg ulations rather than at the end of the doc urre nt.
• R efonna tted 'S ec . 142-188. Developrre nt Reg ulations' so that th e met rics are organized as a table
'R M -P R D-2 D evel opmen t Reg ulations Table.'
• Created a new secti on 'P ark ing Standards' that organize s those reg ulations relating to parking.
• Deleted any use reg ulations, altern ative setback or buildi ng met rics from Sec . 142-294 Urb an and
Arch itect ure D esign G uidelines and mo ved these to the ma ster table, leaving only the reg ulations
pe rtaining to Urb an and Ar ch itect ure Design.
7.2.9 R O
• R emo ved R O -2 an d R O -3 from the District Reg ulations beca use they are not deployed in the
zo ning ma p. This ma kes the cod e shorter.
7.2.10 CD-1
• Remo ved Tow er se tbacks beca use the ma ximu m height is 40 fee t, therefore Tower setback s do not
apply. This helps clean up the cod e.
• 1.25 FAR for mi xed use buildings is standardized and the previous RM -1 referen ce was remo ved .
This ma kes the cod e easier to interp ret and takes away the burden of having to go to mu ltiple
districts to find spec ific reg ulations.
7.2.11 CD-2
• R eloca ted 'S pec ial R eg ulations fo r Alco holic Beverage Establishme nts' to 'Supplerre ntal Use
Regulations (C D-2)'*
• 2.0 FAR for mi xed use buildings is standardize d and the previous RM-2 reference was remo ved.
This ma kes the cod e easier to interp ret and takes away the burden of having to go to mu ltiple
district s to find spe ci fic reg ulations.
• R emo ved se tbacks fo r O ce anfro nt Lots beca use there are no O ce anfro nt lots in CD-2. This helps
clean up and ma ke the cod e lea ner.
• Created se parate sect ions and developrre nt reg ulations for:
o Washingt on Avenue (CD-2)
o The Wolfso nian Art s Distri ct (C D-2)
o Al ton Road G ateway Area (CD-2)
o Al ton R oa d - Hist or ic Di strict Buffer (CD -2)
o S unse t Harbo ur (C D-2)
o Al ton R oad Offi ce Devel opmen t O verlay (C D-2) (This used to be an O verlay District but now is
pa rt of CD -2 reg ulations)
7.2.12 CD -3
• R eloca ted 'S peci al R eg ulations fo r Alco holic Beverage Establishme nts' to 'Suppleme ntal Use
R eg ulations (C D-3)'*
• S uppleme ntary M inimu m Unit Size s spe cific to CD-3 were included in the developme nt reg ulations
ta ble.
• Reloca ted 'Li nco ln R oa d Hotel Ince ntives and Public Benefits Prog ram to '7 .2.12.4 Ad ditional
Reg ulations (C D-3)'*
Page 952 of 1420
• Remo ved oce anfront lots reference s and me trics beca use there are no longer oce anfront lots in
CD-3 districts.
• Clarified the ma ximu m FAR req uireme nts by remo ving obsolete text referencing oceanfront
prope rties, as well as co rrecting a scriveners error regarding FAR for residential developme nt.
7.2.13 MXE
• Reloca ted 'Sec . 142-54 6 Ad ditional restrictions for lots fronting Oce an Drive, Oce an Terrace and
Collins Avenue' and 'Sec 142-546 Additional regulations' to '7.2.13.2 e Additional Use Regulations
(MXE)' sec tion after the uses table.*
7.2.14 TC
• Created a Use Table and a Developme nt Reg ulations Table for each TC sub-district.
• Reloca ted 'Cultural Use' definition to general uses definitions chapter. This helps clean up the cod e
and have all use definitions in one place .*
• Remo ved FAR for 'prope rties bo unded by 69th Street on the south, Collins Ave on the east, 72nd
St on the north and Indian Cree k Drive/Dick ens Ave on the west' from TC-1, TC-2 and TC-3 tables
beca use this is now part of TC-C.
• Rerro ved Video Game Ar cades from use s list.
• Created separate developme nt reg ulations tables for TC-1,T C-2 and T C-3.
• Remo ved 'Sec. 142-739 Parking' beca use it conflicted with the standards in parking district No. 8
(now in Tier 3).
·TC-Cis now a subd istrict of TC.
• Supplemen tal min imum unit sizes for TC-C have be en added to the developme nt reg ulations table.
• Setback and encroachme nts are part of the developme nt reg ulations table in TC-C.
• Reloca ted 'Sec. 142-746 Nonco nforni ng structures within unified developme nt sites', Sec. 442-747
Public Benefits Prog ram' and 'Sec. 142-748 North Beach Public Benefits Fund' to 'Additional
Reg ulations (TC-C).
• In the TC-C District provided that should there be a conflict with the elevations and FOOT roadw ay
project s, the ORB ma y waive the requireme nt for a continuous level elevation for the clear ped estrian
path.
7.2.15 PS
• Created a new stru cture and sub-d istricts for R-P S, C-PS and RM-PS Districts.
• Made uses tables co nsistent with other district's uses tables and incorpo rated Acce sso ry Uses to
the use s tables.
• Remo ved oce anfront lots me trics in C-PS districts beca use there are no longer oce anfront lots in
C-P S districts.
• Reloca ted 'Sec . 142-704 Minimu m req uired yards in relation to minimum open space ratio' to '7.2.15
Ad ditional Reg ulations (PS)'.*
• Remo ved 'Sec . 142-706 Suppleme ntal Parking Reg ulations' and inco rpo rate standards into Off-
Stree t Parking Chapter 5.
7.2.16 GU
• No significa nt forma tting or content changes.
7.2.17 CCC
• Changed one me asureme nt for the 17th Stree t and Convention Center Drive Front Setbacks to be
related to DFE rather than from grade.
• 'Sec . 142-36 7. Notice of public hea ring; vote' and 'Sec. 142-368 Off-site parking' to Additional
Reg ulations (CCC).*
Page 953 of 1420
7.2.18 SPE
• Converted Development Regulations and Uses into tables.
7.2.19 HD
• Reformatted the section for minimu m yards and maximum height as part of the table.
• Deleted Sec. 142-454. Master plan for hospital development as this was supposed to have
occ urred by 1990.
• Relocated 'Sec. 142-455 Special use regulations' to '7.2.19.2 Uses (HD)'.*
• Removed setbacks for St. Francis, South Shore and Heart Institute beca use they are obsolete.
7.2.20 MR
• Removed tower setbacks beca use at a maximum height of 40 feet, tower setbacks do not apply.
7.2.21 WD
• Combined WD-1 and WD-2 and made them 2 separate sub-districts of WD with their separate uses
and development regulations tables.
7.2.22 GC
• The regulations limiting waste collection hours of operation moved to the noise regulations section
because they were forme rly located in setback requirements and have nothing to do with building
setbacks.
• Removed setbacks for properties fronting 17th Street and Convention Center Drive because the
Miami Beach Golf Club is designated GU not GC.
7.2.231-1
• Reloca ted 'Sec. 142-488. Special regulations for alcohol beverage establishments' to supplemental
use regulations.*
7.3 OVERLAY DISTRICTS
• Overlay Districts did not change except for renumber ing of sections and used a consistent section
structure:
o Location and Purpose
o Compliance with Regulations
• 7.3.1 Dune Preservation and Oceanfront Overlays District
o Combined into 1 overlay district with specific location and purpose and regulations for each.
• 7.3.2 Convention Hotel Overlay District
o No significant formatting or content changes.
• 7.3.3 West Avenue Bay Front Overlay District
o No significant forma tting or content changes.
• 7.3.4 Collins Park Arts District Overlay District
o Removed map from text and create an exhibit code to view map on Gridics platform.
o No significant forma tting or content changes.
• 7.3.5 Faena District Overlay District
o Removed map from text and create an exhibit code to view map on Gridics platform.
Page 954 of 1420
o N o s ig n ifi ca n t fo rma tt in g o r co n t e n t c h a n g e s .
• 7 .3 .6 O ce a n T e rr a ce O v e rl a y D is t ri ct
o R em o v ed map from text and create an exhibit code to view map on Gridics platform.
o No significant formatting or content changes.
• 7.3.7 Art Deco MIMO Commercial Character Overlay District
o Removed map from text and create an exhibit code to view map on Gridics platform.
o No significant formatting or content changes.
• 7.3.8 North Beach National Register Conservation Overlay District
o No significant formatting or content changes.
• 7.3.7 Sunset Harbour Mixed-Use Neighborhood Overlay District
o Removed map from text and create an exhibit code to view map on Gridics platform.
o No significant formatting or content changes.
7.4 NEIGHBORDHOOD CONSERVATION DISTRICTS
• 7.4.1 Gilbert M. Fein Neighborhood Conservation Overlay District
o Created a new category for Conservation Districts and placed it in the section.
o Removed map from text and create an exhibit code to view map on Gridics platform.
o No significant formatting or content changes.
7.5 SUPPLEMENTARY DISTRICT REGULATIONS
• No significant formatting or content changes.
• 7.5.2 Height Regulations
o No significant formatting or content changes.
o Regulations pertaining to height exceptions and roof top additions clarified to make it clear that
unless otherwise noted roof top additions are lirrited to the maximum height of the underlying zoning
district.
• 7.5.3 Supplementary Yard Regulations
o No significant formatting or content changes.
• 7.5.4 Supplementary Use Regulations
o Relocated 'Division 2. Accessory Uses' Under Supplementary Use Regulations."
o Relocated Use definitions to the General Use Definitions Chapter. This allows the code to be
clearer.*
o Removed 'Sec. 142-1104 Vdeo Game and machines in commercial districts'.
o Cleaned-up '7.5.4.13 Accessory Uses'
o Added clarifying text regarding the percentage of allowable accessory uses in relation to the main
perrritted use. Under a decades old interpretation, the maximum percentage of an accessory use in
relation to the main permitted use was 49%. The Code has been modified to clarify that the enclosed
floor area of an allowable accessory use(s) shall not exceed 35% of the floor area of the main
permitted use(s). This will apply primarily to RM districts.
o Removed and Relocated 'Solar Panels' from the accessory use section, as these are not a use.
o Clarified that the landing of or storage areas for helicopter, or other aircraft pads are only allowed in
the HD District.
o Clarified that temporary sales buildings are prohibited in RS districts.
Page 955 of 1420
o Clarified standards for acce ssory outdoo r bar counters.
o Clarified that acce sso ry health clubs in the RM-1 district ma y only be used by building residents.
PLANNING BOARD REVIEW
The Planning Board held a public hearing on July 26, 2022 and tran smitted the Ordinance to the
City Commi ssion with a favorable recom men dation (vote 6-0). Additionally, the Planning Board
adopted a secon d mo tion (vote 6-0) recom men ding that the City Commi ssion con sider the following
mod ifica tion s:
1. Study reducing Neighborhood Imp act Establishment (NIE) thresholds for Entertainmen t.
2. Reduce hotel occ upan cy to four (4) per son s with no limits on children.
3. Red uce or eliminate existing mi xed -use FAR bon use s for hotels.
4. Consider applying existing mi xed-use FAR bo nus only to workforce or affordable housing.
5. Ad dress com p atibility between new home s and existing home s.
6. lnce ntivize allowing property own ers to kee p existing home s.
UPDATE
On Septembe r 14, 2022, the City Commi ssion approved the subject Ordinance , inclusive of the
propo sed LOR upd ates and Resiliency Cod e, at First Reading, and set a date certain of October 26,
2022 for Seco nd Reading. The City Commi ssion approved the propo sal with the addition of a
reg istered Arch itect as a required me mbe rship categ ory on the Board of Adjustme nt, as approved by
the City electorate on the August 23, 2022 ballot. This adjustme nt is reflected in the upd ated Cod e.
Ad ditionally, the City Commi ssion referred the following initiatives to the Land Use and Sustainability
Commit tee (L USC) for further study, developme nt, and potential action:
• The creation of a Transfer of Developme nt Rights (TOR) prog ram, including rece iving and
transfer districts. This will require voter approval due to increase s in FAR.
• The identifica tion and developme nt of Transit Oriented Developme nt (TOD) zones. This
would ideally be conducted in co nce rt with the developme nt of a TOR prog ram.
• A detailed analysis of cu rrent minimu m parking requireme nts and the identification of specific
areas of the city that either no longer nee d min imum parking req uireme nts or need reduced
minimu m parki ng req uireme nts.
• Identifying and incor por ating tangible ince ntives for significan t private property impr ovemen ts
that are sustainable and resilient. This should include, but not be limi ted to, creating living
shorelines within commer cial, mul ti-famil y and single-family properties, as well as self-sustaining
energy wi thin a prope rty .
The City Commi ssion also req uested that a Commi ssion Workshop be scheduled to further discuss
the details of the propo sed Resiliency Cod e and LOR upd ates, prior to Seco nd Reading. This
workshop too k place on Octobe r 12, 2022 and the following is a summar y of the substantive iss ues
discussed and the recom men d ation s of the Administration:
1. Warrant Process Sequencing. The seq uencing of the propo sed warrant proce ss has bee n
further studied . The following are additional potential options for the proced ures req uired to approve
a Warrant:
Page 956 of 1420
Pr oposed Seq uen ce; Appr oved at First Rea ding on Septem b er 14, 2022 (5 Steps)
Step One: Applicant Files Application
Step Two: Planning Board Public Hearing and Recommendation
Step Three: City Commission First Reading Public Hearing
Step Four: DRB/HPB Review and Approval of Project with Hold Harmless
Step Five: City Commission Public Hearing and Adoption
Op tion 1: Updated Revi ew wit h Com mi ssion Acti on First (4 Steps)
Step One: Applicant Files Application
Step Two: City Commission First Reading Public Hearing
Step Three: DRB/HPB Review and Approval of Project with Hold Harmless
Step Four: City Commission Public Hearing and Adoption
This option provides for a shorter review process. It removes the requirement for a recommendation
from the Planning Board on the Warrant and requires that the project be approved by the applicable
Land Use Board prior to adoption of the Warrant by the City Commission.
Op ti on 2: Streamlined Review Proces s with LUB Acti on First (3 Steps)
Step One: Applicant Files Application
Step Two: DRB/HPB Review and Approval of Project with Hold Harmless
Step Three: City Commission Public Hearing and Adoption
This option provides for the shortest review process and requires only one City Commission review
hearing, which would occur subsequent to the review and approval of the project by the applicable
LUB.
In further analyzing the different sequencing options above, the Administration recommends option 2,
as it includes the applicable review by the ORB or HPB, as well as final City Commission approval,
but in a less complicated, more streamline manner. In practice this is likely to result in more applicants
utilizing the warrant process, as opposed to the lengthier code amendment process.
2. Propos ed R e mo va l o f A vera g e Un it S ize R eq u ire m en ts . The proposal to eliminate average
unit size requirements for multi-family residential projects has been further studied, to better ensure
that it does not result in an increase in short term rentals. In this regard the Administration
recommends that the existing average unit size requirement remain in place for those districts that do
not proh ibit STR's and allow for a property owner to forgo the average unit size limits if they
voluntarily proffer not to have any STR's. Th e following is draft text to effectuate this
recommendation:
Voluntary average unit size incentive program. Developme nts loca ted in zon ing districts that do not
proh ibit the short -term rental of reside ntial apa rtme nt units shall be eligible for an exemp tion
from the appl ica ble average unit size req uirements set forth in the underlying district, subject to the
following con dition s:
a. Density. The developme nt shall no t be pe rmi tted to exceed the maximum residential de nsity
established in the Comp rehensive Plan or Land De velop me nt Regulation s.
Page 957 of 1420
b. Minimum Unit Size. This incentive shall not be con strued to per mit any units that is sma ller
than the minimum allowa ble unit size for the type of unit being proposed.
c. Covenant. To be eligible for this voluntary average unit size incentive, the property owner, at
the own er's sol e discre tion, shall vol untarily execute a restri ctive covenant running with the
land, in a form approved by the City Attorney, affirmi ng that in perpe tuity no residential units on
the prope rty shall be leased or rented for a period of less than six months and one day.
3. 35% Limit for Allowable Access ory Uses. Conce rn was exp ressed reg arding the pro po se d ca p
on the size of allowable acce ssory use s only applying to interior floo r area, and not including ext erior
areas of a pro pe rty . Curr ently, under a deca de's old interp retation, a ru le of up to 49% is applied
wh en ca lculating the ma ximum square foo tage of acce sso ry uses. The pro po sed revised standard is
mo re co nsistent wi th the nature of acce sso ry use s and wi ll pro vide an actual defined standard.
T he Admi nist ra tion has co ncluded that th e propo sed 35% ca p on acce ssory uses should be
applica ble to indoo r areas only, fo r the followi ng rea sons:
• Ext erior areas, in general, are limit ed, and co ntain other areas of the pro pe rty not used fo r
acce ss ory uses. Including ext erior areas wi ll create ch allenges in ca lculating the square foo ta ge used
for acce ss ory uses, in relation to ext erior areas not used for the acce sso ry use.
• E xt erior area s ass oci ated wi th an allowable acce ss ory use wi ll still be subject to the current
N eighbo rh ood Imp act Establishme nt (N IE) thresholds, wh ich is th e primar y saf eg uard to ensure
neighbo rh ood co mp atibility .
• If ext erior areas be co me subjec t to the 35% limi t prop o sed for allowable acce ssory uses,
esta blishme nts wi ll end up red ucing interior space to ach ieve the desired ext erior area. Having less
interior space available ca n becom e prob lema tic in the future and result in undesirable usa ge of
outdoo r space s, particularly as it pertains to storage and back of house req uireme nts.
Finally, after th e September 14, 2022, C ity Commi ssion meet ing, additional clarifica tion s, minor
rrod ifica tions and adjustme nts w ere identified and inco rpo rated into the Resiliency Cod e and LO R
Upd ates that are non-substantive do not affect the title. The fo llowi ng is a summar y of these non-
substantive changes to the applica ble chapters , wh ich were also prese nted at the O ct obe r 12, 2022
City C om mi ssi on work sh op:
• Chapter 2: A dm inistration and R eview Proc edures
o Sect ion 2.1.5.2 is ame nded to include a reg istered architec t as a req uired membership cat eg ory on
th e Board of Ad justme nt.
• Chapter 7: Zo ning D istricts and R egulations
o S ect ion 7.2.2.3 pe rtaining to lot split reg ulations fo r singl e famil y lots was ame nded to be
co nsistent wi th State Law. '
o S ect ion 7.2.2.4 w as fu rther ame nded reg arding the demo lition pro ced ures for sing le famil y
home s to be co nsistent wi th State Law.
o S ecti on 7.2.2.6 per taining to th e 40" Stree t religious inst itution overlay, was amen ded
slightly to allow existing park ing space s on a prope rty to be disco ntinued , provided that there
is one or mo re public park ing lot(s) and/or garage(s) wi thin 50 0 fee t of the subject pro pe rty . In
th e event th at the religi o us institution sho ul d con vert back to a singl e-fami ly residen ce, th e
previously disco ntinued park ing spa ce s would need to be re-act ivated .
S eco nd R eading / Ad option of the propo sed O rdinance was sch ed uled for O ct obe r 26, 2022, at
wh ich time it was ope ned and co ntinued to a date ce rtain of November 16, 2022. O n November 16,
2022 the Ci ty Com mi ssion di sc ussed the propo sa l at Seco nd Reading and co ntinued final adoption
Page 958 of 14 20
to the December 14, 2022 City Commi ssion meet ing. Addition ally, the City Commi ssion referred the
following items to the Land Use and Sustainab ility Commi ttee (LUSC) for further discussion prior to
Seco nd Reading:
1. The propo sa l to remo ve average unit size requireme nts.
2. Th e propo sal to allow new single family home s utilizing an understory to be reviewed by staff,
instead of the current req uireme nt for Design Review Board approval.
On November 18, 2022, the LUSC discussed the above noted items and recom men ded the
following:
1. The propo sal to eliminate average unit size requireme nts for mul ti-family residential project s should
be modified in acco rdance with the recom men dation of staff, to better ensure that it doe s not result in
an increase in short term rentals (STR's). Spec ifica lly, existing average unit size requireme nts would
rema in in place for those districts that do not prohibit ST R's and allow for a property own er to forgo
the average unit size limits if they voluntarily proffer not to have any ST R's.
2. The review of understory home s should be at staff level, and no longer req uire ma ndatory ORB
review.
In furtherance of the reco rrme ndations of the LUSC, it nee ds to be noted that the minimum unit size
for apartme nt units is, and has always been, 550 square feet. That is not changing, nor are the
cu rren t ma ximum den sity ca ps in any district. The propo sal to remo ve the average unit size
req uireme nt is intended to provide flexibility for attainable housing. From a practica l standpoint, in low
to med ium intensity residential districts some units would still likely need to be larger than 550 square
feet as the propo sal does not per mi t an incr ease in the total numb er of units currently per mi tted under
the com p rehen sive plan .
Reg arding single famil y home s utilizing an und erstory compon ent, the req uiremen ts set forth under
the developme nt reg ulations for single family home s provide an established frame work for new
co nstru ction and are considered an expe ctation. The prima ry respo nsibility of the ORB is to review
applica tions involving waivers and variance s, and the ORB proce ss provides an oppo rtunity for
affect ed prope rty own ers to provide commen t and feed back regarding such exce ptions.
The developme nt reg ulations spec ific to understory home s are very spec ific and any proposal to vary
from these requireme nts, either in the form of a waiver or variance would still require ORB review.
The propo sal to allow administrative review of understory home s that compl y with all of the
req uireme nts set forth in the Cod e would result in mor e home s utilizing this compon ent and would
significa ntly further the City's resiliency goa ls and object ives.
On Dece mb er 14, 2022 the item was ope ned and continued to a date certain of February 1, 2023,
wi th no discuss ion.
SUMMARY
The propo sed Resiliency Cod e and LOR Upd ates will not noticeably alter the scale of developme nt,
allowable uses, parking requireme nts, or developme nt patterns. The upd ate will provide for a much
mor e transpa rent cod e that clearly outlines regulations with graphics and diagrams and is easier to
navigate. The Resiliency Cod e will also imbed standards throughout the docu me nt to ensure that
resiliency is at the forefront of new developme nt proposals as well as rehabilitation of existing
structure.
The propo sed Cod e ma intains the four existing land use boards, as well as their jurisdiction of
review, and respect s all provisions of the City Charter, including sect ions related to Historic
Prese rvation and Floo r Ar ea Ratio (FAR ). However, it doe s cod ify pre-application proce sses and
other proced ures that are cu rrently followed for impr oved tran spar en cy. Additionally, the cod e
provides for a City Commi ssion approved warrant proce ss that will min imize the need for future cod e
ame ndme nts spec ific to a single site, wh ile guaranteei ng promise d developmen t outcome s. This
propo sed warrant proce ss wi ll also help ensure that future Cod e ame ndme nts are considered
holistica lly thro ugh a quarterly ame ndme nt cycle.
If adopted , the Cod e will be inco rpo rated into the Gridics online cod e platform that will give property
own ers the ability to quickly obtain zo ning informa tion abo ut each prope rty and provide increased
Page 959 of 1420
tra n s p a re n c y to re s id e n ts . U ltirra te ly , s ta ff e xpe ct s th a t th is u pd a te w ill be tt e r fa ci lita te th e re v ie w o f
b ui ldi ng per mi ts wh en th e y are submitted to the City, as the expectations will be clear to architects,
contractors, developers and City staff.
SUPPORTING SURVEY DATA
Improve and Enhance Residents Quality of Life
FINANCIAL INFORMATION
No Fiscal Impact Expected
CONCLUSION
The Administration recommends that the City Commission adopt the subject Ordinance,
inclusive of the following modifications:
1. The warrant process shall be revised to incorporate the revised 3-step sequence identified in
Option 2 herein (Streamlined Review Process with LUB Action First).
2. The average unit size requirements shall remain for those districts that permit the short-term
rental of apartment units (STR's), in accordance with the following:
D eve lo pm e nts located in zoning distri cts th at do not p ro hibit the short-tenn re ntal of
re side ntial apartm ent u n its shall be eligible for an exem ption fro m th e applicable avera ge
u n it size re quire m ents set fo rth in the underlying distri ct, subject to th e following conditions:
a . D e nsity. The deve lopm ent shall not be pe nn itted to exceed the m axim um re sidential
de n sity e stablished in th e C ompre hensive P lan or Land D evelopm ent R eg ulations.
b . Min im um Unit S ize. This incenti ve shall not be constru ed to pe nn it any units th at is
sm a lle r tha n the m inim um a llowable unit size for th e type of unit being proposed.
c. C ove nan t. To b e e lig ib le fo r th is voluntary avera ge unit size ince ntive, th e prope rty owner,
a t th e o wn er's sole discre tion , shall voluntarily execute a re strictive covenant ru nning wi th
th e la nd, in a fonn appro ve d by th e C ity A ttorn ey, affi nn ing th at in perp etuity no re sidential
u n its o n th e p ro pe rty sh all b e leased or re nted for a pe riod of less th an six m onth s and one
day.
Ap p l icabl e A re a
Citywide
ls thi s a "R esi den ts Right
to K now" item , pur s uan t to
Ci ty Code Secti on 2-14?
Yes
Legislative Tracking
Planning
Spon sor
Does this item utilize G,O,
Bon d Fun d s?
No
Page 960 of 1420
C o m m issio ne r R icky A rri o la
ATTACHMENTS:;
Description
Ordinance
Ad
Page 961 of 1420
18ME N~I680RS I SUNDAY JANUARY 15 2023
CITY OF IWAMI EACH
NOTICE OF PUBLIC HEARING
ORDINANC E ESTABLISHING A COMPREHENSIVE ZONING ORDINANCE KNOWN AS THE
·RESILIENCY CODE" AND UPDATING THE LAND DEVELOPMENT REGULATIONS
February 1, 2023
NOTICE IS HEREY GIVEN that on February 1, 2023, at 5:01p.mn., or as soon theratter as the matter can
be heard, the Mayor ard City Commissioners ot the City ot Miami B8each wit hold a Second Reading/Public
tearing on the following proposed Ordinance
RESILIENCY CQO± ANDO LO UP'ATE
AN ORDINANCE OF TH MAYOR AND CITY COMMISSION OF THE CITY OE MIAMI BEACH, FLORIA
ESTABLISHING A COMPREHENSIVE ZONING OROINANCE. HEREAFTER KNOWN AS TME RESILIENCY
COOE .' FOR TH CITY OF MIAMI 8EACH, FLORIA PURSUANT TO TH REQUIREMENTS OF SECTION
t63 3202, LOIA STATUTES AN CONSISTENT WITH THE MIAMI B8 ACH 204O COMPRFHLNSIVE PLAN IO
EGUL ATE ANDO RESTRICT THE FRECION, RECONSTRUCTION, ALTERATION. LOCATION PRESERVATION.
SU8DIVISION. RESILIENCY, DESIGN, AND USE OF BUILDINGS, STRUCTURES, LANO, AND WAFR. FOR
COMMERCE, INDUSTRY, RES DENCE, OR OTHER PURPOSES; TO REGULATE ANO RESTRICT THE SIZE OF
B8UL DONG S ANDO OTHER STRUCTURES HREAFTER ERECT~DO OR ALTEREDO, IO REGULATE THE SMZf AND
OIMENSIONS OF YARDS. COURTS, AND OTHER OPEN SPACES SURROUNDING UR DINGS TO REGULATE
AND RESTRICT 8OLDING LINES AND THE PERCENTAGE OF LOTS THAI MAY 8E OCCUPIED, UNIT SIZES.
ANDO THF DENSITY OF POPULATION, TO REGULATE S/GNASE, IO ES1AB8LISH MINIMUM SIANDAROS
FOR LANOSCAPING, TO PROVIDE FOR THE PROTECTION OF ENVIRONMENTALLY SENSITIVE LANDOS AND
WATER8OOES, TO ESTA~SH REQUIREMENTS FOR PARKING, TRANSPORTATION ANO MOITY FEES.
CONCURRENCY, ANDO INFRASTRUCTURE , ANO FOR SAID PURPOSES TO FSIA8LISH A ZONING ATLAS
THAT DIVIDES THE CITY OF MIAMI EACH INTO DISTRICTS OF SUCH NUMBER, SHAPE AND AREA AS
MAY 8E DEEMED BEST SUITEDO TO CARRY OUT THESE REGULATIONS, ANO FOR EACH SUCH DISTRICT
IO IMPOSE REGULATIONS ANDO RESTRICTIONS DF SIGNAING IHF KINDOS OH CLA SSFS OF COMMERCE,
NUS THIES RESIDENCES. OR OTHER PURPOSES AS DESCRIOED AOVE IO PRO O A METHOD FOR
AME NDOMENI SUPPLFMENI CHANGE, MODIFICATION AND REPEAL OF REGULATIONS. RESTRICTIONS
ANDO OUNOARIES, TO PROVIDE FOR A DOESIGN REVIEW 8OARD, A PLANNING 8OARDO, A BOARD OF
ADJUSTMENT, AND A HISTORIC PRESERVATION B8OARD, ANDO TO PRESCRIBF THEIR POWERS ANDO DUTIES.
TO PROVE PROVISIONS FOR APPEAL AND TO PRESCRIBE PENALTIES FOR THE VIOLATION OF THE
9OVISIONS OF THIS ORDINAN CE ANO ALSO TO PROVIDE FOR ITS ENFORCEMENT, REEALING ZONING
OROINANC 89-2665, AS AMENO~DO, IN ITS EN'IRETY ANDO PROVIDING FOR CODIFICATION, REPEALER,
SEVERAIIIY APPIUCABILITY ANDO AN EFFECTIVE DATE Thus Ordinance is bon g heard pursuant to Sec ions
t18-164 a 18-165 ot the Cy's Lana Development Code, Senion 20$ at the Cly Charter, and 4166.041 + S
lngoities may be directed to the Planing Department at 305 $73 7550
Dung the Fupruany 1, 2023 Comrrsaon Mee lng. tte Coty Commission wall be physically present in the
Camm/son Chamber, Mam Bach Caty Hat 1700 Crwonon Center Drho 3a Floor Mm beach FL
33139 p9pucants and the pablc are encouraged to attend the meting /tuualMy (as prow/dd below) Howeve r
members ot the public who wsh lo attend the meeting or provide pubhc comment i person ray appeat at the
Comrie4on Chamber
lo partcpale or prow0e comment wrtualy dung 1he Comrrtaaor Meeting the public my pin the weber@r
at t[LA/niarub AblL29Lan.3LIM138223Z6I1 or vw telephone »t 1301760592(US )ere 47s 4499
(Tolfree; Webmnor ID: 1392857/1+ Members ol the publlc wantng lo speak wrtutly on an fem during the
meeting must click {he ranae hand icon it using the Zoom app or press "9on the telephone to ralse thelr hand
INTEREST£DO PARIES are rited lo lake part in twas meeting or be r¢presented by an agent The puphc may
sboil written comm ents by sending an emit to. lGlte pug.a.h gg ty500p,mn he day before mhe
City Comvs sion Meeting Please identity the Agenda htem Number in tho era/l subject lie Err@ls rocolved wl
be forwarded to the Mayor and Commoners and wilt be include0 as a part ot the meetng record
Cop/es o' gerda Mers an» aatble lo pvbkc Inspecvon at h[tu//er. mat&at. hf. gsgv'al fall/dx.
.lttM.2at nda at.hnt tuft tat Ths meeting. or any hems theren, may be continued, and under such
ccurstances, additional gal nolce need not be provided
Pursuant to Section 286 0105 Fa. Slat, Ihe City hereby advises the publc that l a person decodes lo
appet any decu4ion made by lhe Cly Gomm@son concernng any malter on0ered at its meeting or s
#FARING, suh person rust ensure lhal a verbatrn record ol the proceedings e mnade, which record include s
the teelrnoy and evidence upon whwch the appeal as to be baaed Iis note dots not con ttute consent by
me Ctty or the introduction ot adrson ot otherwise inadmlsst/e or relevant evidence, not dos t author ize
challenges or appocals not o!herw ahowod Dy ltw.
loveausiths nalenuali an alternate format., tgn language terporate {feday robe reauned), mntormat0"
on access lor persons wilt dgobilbe, and/or any accommodation o review ny document or ptcupale in any
City-sponsored proceedrgt, cil 30$ 604 2409 ard selecl 1 tor Fnguh or ? tor Spanish, ten opton & fY
users nay call va 71 (Florida Relay 3etwice)
The Cly Commission Meelng wilt be broadcast le on Mammu beach Iv (MIv} werwable on the City's
web»te a»! Dtlu/re.LAL.£. A.hLL.a ('9gt..RL, as well as on 8reere Cable channel 680, AT
Uverue channel 99, +otwas Commurvcalions channel 395, and ROKU device o PfG I channel nd on
+octal medis a«! haA.//.'A • o9M.c a/lymua.mub ach
Ratel E Grado. City Clerk
·..BEACH
City ot Muomni bleach
ala)es uacts us.bL.gar
305 673 7
AD0 02012023 03
CITY OF AMI EACH
NOTICE OF PUBLIC HEARING
ORDINANCE AMENDING THE ALTON GATEWAY DEVELOPMENT REGULATIONS -
FLOOR AREA RATIO (FAR ), PARKING, AND HEIGHT AMENDMENTS
FEBRUARY 1, 2023
NOICE IS H~REY GIVEN Iht on Fabruary 1, 2023, mt t0:20 a.m., or a soon thereafter as the matter
can be heard, the Mayor ad Cily Comm~stoner o' me Chty ot Mis Beach wMl hold a Second Read /Put/ic
Hering on the lo/lowing proposed Odnrca
AIQ GAI£WAY DEYELQPMAENI BEG/LA[IONS
AB PABKING. AND HEIGHT AMENDMEMIS
AN ORDINANCE OF THE MAYOR ANO CITY COMMISSION OF THE CIIY Of MAM! BE ACH. FORDOA,
AME DOING THE CITY CODE OF 1HF CIIY OF MIAMI B8EACH, BY AMENOING CHAPTER II4. "GENERAL
PROVISIONS. SECTION 'II, "DHINIIONS." IO AMEND PROVISIONS RFAIING TO FLOOR AREA
CALCULATIONS FOR PARIAL BASEMENTS, 8Y AMENDING CHAPTER 1'A, ADMINISTRATION AN HE VFW
PROCEDURES.' ARTICLE I, 'IN GENERAL " SCH'ON 1185 UN IY OF WILE, COVENANT IN LIEU THLREOE."
TO MOO#Y THE REQUIREMENTS FOR A UNFEO DEVELOPMENT SITE IN THE AL'ON ROAD GATE WAY
AREA, 8Y AMENDING CHAPTER 1JC "OF STREET PARKING" ARTICLE II, "DISTRICTS REQUIREMENTS."
SECTION 1J0 33 "OFF-STREET PARKING REQUIREMFNTS FOR PARKING DISTRICTS NOS 2, 3. 4,S, 6.
7,8, AND 9, TO AMENO PARKING REQUIREMENTS FOR CERTAIN GOVERNMENTAL USES IN PARKING
DISTRICT NO 6 Y AMENDING CHAPTER I42. ENTITLED 'ZONING DISTRICTS ANO REGULATIONS.
ARTICLE II ENTIED "DISTRICT REGULA TIONS.' DNISON 3, ENI(EDO 'RESIDENTIAL MULTIFAMIY
ISTRICTS." SUB VISION IV ENTITEO "RM-2 RESIDENT MULTIFAMILY, MEDIUM NTENSITY." TO
CREATE ADDITIONAL REGULATIONS FOR PROPERTIES FRONTING THE EAST SIDE OF WEST AVENUE ANDO
LOCATED WITHIN THF ALTON ROAD GATEWAY AREA, AND HY AMENDING DIVISION S, FNIED ·CD2
COMMERCIAL. MEDIUM INTENSITY DISTRICT," AT SECTION 142-311, ENTTL FD ALTON ROAD GATEWAY
AREA FVLOPMENI REGULATIONS' TO FXPANO THE A TON GATEWAY AREA BOUNDARIES IO INCLUDE
ADDITIONAL PROPFRIES SOU'H OF TH STREET, AND MOIFY THE MAXIMUM FLOOR AREA RAIO (FAR]
AND 8UI! DOING HEIO»T, AND AMEND GREEN SPACE REQUIREMENTS, ANDO PHOVOING CODIFICATION.
AND AN EFFECTIVE DATE FOR REA.FR, SEVFABILITY has O@nae is beng heard pursuant to Section
n816¢ t the City's land Development Co, Secvon 2 5 te City Charter and 4166 41 # S Mpurea may
be ecoed to he Pung Department at 30543 750
During Io Fa»pruany t, 2023 om ission Meet.ng. the Coty Comm»sson will pe present in Io Corml4son
Chamber, Miamt Beach Cly Ht 1700 Convention Center Dre. 3r Foor, Miami 8each FL 33139 Applicants
d the pubb re encouraged io attend the meeting wlusty {gs prowdeg bet @w) How tver members, of the
publc who wah lo pttend the melng or provide pubhwc coment in person mnay appear at the Cormlsguor
Chamber
lo part/clate or provide comment virtually during the Commlusion Meeting. the public my join the web»at
at Mou !/TA/Ah1Lag.Lam ua//12821577I er vi» telephone»t 1201715.0592(0.$.)0r 4 475 4499
(Tolfree) Webnur ID0. 813g257671» Members ol the publc wanting to speak virtually on an ltem during the
meeting mual chck the raise hand icon it using lhe Zoom pp o pr@ea $on the te@phone to raise Ph« hard
INT~S TED PARTIES re wntcd to take part in thls mecling or be rprosented by an agent Tho public may
submit wunen comments tv sendg an eman to. ltGlt @iu nlach La by 500 pm the day belore he
lty Corvus sion Meg Pease ldenily the Agenda tem Number in the gm ubycct Mne Emails received will
be lorward@ to th Mayor and Gomm.sloner rd wiii be included as a part ol lhe meeting record
Copies 0! Agenda ltema are available tor public inspection at tau/voe.mlamb au.bLL.aasulx ball/city.
LAL.a@..0.:A/.t au.at 2 This meeting, or any terrs there, may be contrued, and under such
ctcrianct additional Hegal notce need rot be porovded
Pursuant ta Sec#on 286.10. Flu. Sal, me City hereby advaes the public that it a person dercdes to
appe al ary decision made by the City Comrwson concerning any mater conuldered al a meetng or h
beanng. such person mast ensure thal a verbatim record of le procadings is made whwch record nciudts
the tesimony and awde nce upon wt»ch th appeal is lo be based. Ihs notice does not costtutc consent by
the ty tor the mtrodaction or admion ot otherwise iadrigzble r vrelevanl evidence no does 4 au/tone
challenges or eppcats not othorwhue allowed by 'a
Io request ths material m an alternate lormat, sign language rerpgreter (ve-day notice required), nlormahon
on.access lot pera@re wilt dsabl#es, and/or ary accommodation lo revgw any docume nt or partc+paten aty
City·sponsored pocaedmgs, call 305.8604.2489 and seect I lor Engish or ? (or Spanish, then option 6 TY
users ray call vg 7M {Fonda Relay Service)
The City Comriesuon Meeting will be broadcast le on Miami 8each T {M8Iv], viewable an the Ci#ya
web6site at tat//e.ria pitas.hl 9/av nm n/Ly . as we ! as on Breezettne Cable channel 660, AT&I
U-verse channel 99, Holwre Communicallone channel 395 and ROU device on PEG I channel and on
socal media a»t bx.//mda. a.cc car! boLramu.bc.a.I
+:/ BEACH
Ralae. f Granado. Ct Clerk
City ot Miamu B8each
LG±et kra.cu .arc.hlL.agx
105.673 741
AD 020'2023-02
Page 966 of 1420