Ordinance 2023-4572 Bed & Breakfast Prohibition Exception—West Avenue Overlay
ORDINANCE NO" 2023-4572
AN ORDINANCE OF THE MAYOR AND COMMISSION OF THE CITY OF MIAMI
BEACH AMENDING THE RESILIENCY CODE OF THE CITY OF MIAMI BEACH,
BY AMENDING CHAPTER 7, ENTITLED "ZONING DISTRICTS AND
REGULATIONS," ARTICLE III, ENTITLED "OVERLAY DISTRICTS," AT
SECTION 7.3.3, ENTITLED "WEST AVENUE BAY FRONT OVERLAY," TO
PROVIDE AN EXCEPTION FOR BED AND BREAKFAST INNS IN THE WEST
AVENUE BAY FRONT OVERLAY; AND PROVIDING FOR REPEALER,
CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. .
WHEREAS, the West Avenue neighborhood is primarily comprised of residential uses;
and
WHEREAS, Objective RLU 1.3, entitled "Land Use Compatibility," of the Resilient Land
Use and Development Element of the City's 2040 Comprehensive Plan provides that "[I]and
development regulations will be used to address the location,type, size, and intensity of land uses
and to ensure adequate land use compatibility between residential and non-residential land uses";
and
WHEREAS, the Mayor and City Commission desire to encourage uses that are
compatible with the low-scale character of the West Avenue neighborhood; and
WHEREAS, on September 17, 2021 the City Commission adopted Ordinance No. 2021-
4443, which prohibited any future bed and breakfast inns within the Overlay; 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 7, entitled "Zoning Districts and Regulations, Article III, entitled "Overlay
Districts," at Section 7.3.3 Entitled "West Avenue Bay Front Overlay," is hereby amended, as
follows:
CHAPTER 7. ZONING DISTRICTS AND REGULATIONS
ARTICLE Ill. OVERLAY DISTRICTS
7.3.3 WEST AVENUE BAY FRONT OVERLAY.
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7.3.3.4 Legal nonconforming and other transient uses (West Avenue Bay Front Overlay).
a. Bed and breakfast inns, suite hotels and hostels shall be prohibited in the subject
overlay area.
b. Existing, legal nonconforming suite hotels and bed and breakfast inns, located within
the overlay, shall not be permitted to expand any existing structure, operation, or
building footprint, in any manner whatsoever. Additionally, such legal nonconforming
uses shall adhere to the following regulations:
i. Accessory uses, including, but not limited to, dining halls, restaurants,
cafes, retail, personal service, alcoholic beverage establishments, dance
halls, entertainment establishments, neighborhood impact establishments,
outdoor entertainment establishments, and open air entertainment
establishments shall be prohibited.
ii. The building identification sign for a bed and breakfast inn shall be the
same as allowed for an apartment building in the underlying zoning district
in which it is located.
iii. The building(s) shall have central air conditioning or flush-mounted wall
units; however, no air conditioning equipment may face a street or the Bay.
iv. The maximum amount of time that any person other than the owner may
stay in a bed and breakfast inn during a one-year period shall not exceed
six (6) months.
c. Existing, legal nonconforming bed and breakfast inns, inclusive of properties that were
issued a building permit process number on or before October 1, 2021 for the
conversion of an existing single-family residence to a bed and breakfast inn, and which
permit process number and/or subsequent building permit associated with the permit
process number for a bed and breakfast inn remains active, shall be subject to the
following conditions:
i. The owner/operator of the bed and breakfast inn shall permanently reside
in the structure.
ii. The structure shall have originally been constructed as a single-family
residence. The structure may have original auxiliary structures such as a
detached garage or servant's residence that may or may not be used as
part of the inn.
iii. The structure shall maintain main public rooms (living room/dining room)
for use of the guests.
iv. Original auxiliary structures, such as detached garages and servants'
residences, may be converted to guestrooms or other appropriate use.
New bedrooms constructed shall have a minimum size of 200 square feet
and shall have a private bathroom.
V. There shall be no cooking facilities/equipment in guestrooms. One small
refrigerator with maximum capacity of 5 cubic feet shall be permitted in
each guestroom. All cooking equipment, which may exist, shall be
removed from the structure with the exception of the single main kitchen of
the house.
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vi. The bed and breakfast inn may serve meals to registered guests and their
visitors only. Permitted meals may be served in common rooms,
guestrooms or on outside terraces (see Section 7.5.5.5.a.ix). The meal
service is not considered an accessory use and is not entitled to an outside
sign.
vii. Permitted meals may be served in areas outside of the building under the
following conditions:
1. The area shall be, landscaped and reviewed under the design review
process. Landscape design shall effectively buffer the outdoor area
used for meals from adjacent properties and the street.
2. All meals served outdoors shall be prepared for service from inside
facilities. Except for the use of a barbecue, all outdoor preparation,
cooking as well as outdoor refrigeration and storage of food and
beverages shall be prohibited.
viii. Properties issued a building permit process number on or before October
1, 2021, for the conversion of an existinq single-family residence to a bed
and .breakfast inn shall only be eligible for the use of bed and breakfast
inn if, at the owner's sole discretion, the owner voluntarily executes and
records a covenant running with the land, in a form acceptable to the
planning director and city attorney, agreeing that the bed and breakfast
use shall terminate prior to any sale or other transfer of ownership of the
Property. In the event a permit process number issued on or prior to
October 1, 2021 for the conversion of a single-family home to a bed and
breakfast inn, and/or the subsequent permit issued pursuant to such
permit process number, is abandoned, expires or becomes inactive, for
any reason, the bed and breakfast inn use shall no longer be permitted,
and the property must convert to a conforming use.
SECTION 2. 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 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 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
3
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this /$ day of OL4be r , 2023.
ATTEST:
Dan Gelber, Mayor
OCT 2 U 2023 APPROVED AS TO
FORM AND LANGUAGE
Rafael E. Granado, City Clerk & FOR EXECUTION
First Reading: September 13, 2023 CY�
8^4 rZ-3
Second Reading: tober 18, 3 1 If City Attorney Date
Verified by:
Thomas R. Mooney, AI
Planning Director _h`P. ¢ •,c�,`,,
jr
(Sponsored by Commissioner Laura Dominguez) Ihco�i ,or,blEo
T:\Agenda\2023\7-September 2023\Planning\Bed and Breakfast Exception-West Avenue Overlay-First Reading ORD.docx
4
Ordinances -R5 B
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: October 18, 2023
10:15 a.m. Second Reading Public Hearing
SUBJECT: BED AND BREAKFAST PROHIBITION EXCEPTION - WEST AVENUE
OVERLAY
AN ORDINANCE OF THE MAYOR AND COMMISSION OF THE CITY OF
MIAMI BEACH AMENDING THE RESILIENCY CODE OF THE CITY OF
MIAMI BEACH, BY AMENDING CHAPTER 7, ENTITLED "ZONING
DISTRICTS AND REGULATIONS," ARTICLE III, ENTITLED "OVERLAY
DISTRICTS," AT SECTION 7.3.3, ENTITLED "WEST AVENUE BAY FRONT
OVERLAY," TO PROVIDE AN EXCEPTION FOR BED AND BREAKFAST
INNS IN THE WEST AVENUE BAY FRONT OVERLAY, AND PROVIDING
FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE
DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the subject ordinance.
BACKGROUND/HISTORY
On March 27, 2023, at the request of Commissioner Laura Dominguez, the City Commission
referred the subject proposal (Item C4 D) to the Land Use and Sustainability Committee
(LUSC). On April 19, 2023 the LUSC discussed the proposal and recommended that the City
Commission refer an ordinance to the Planning Board in accordance with the following:
1. The applicability be limited solely to bed and breakfast inns.
2. The exception be based on the date of a previously issued building permit.
On May 17, 2023, the City Commission referred the proposed ordinance to the Planning Board
(Item C4 D).
The West Avenue Bayfront Overlay District (Overlay District or Overlay) is comprised of RM-1,
residential multifamily low intensity and RM-2, residential multifamily medium intensity zoning
districts (see attached map). There are no historic districts or individually designated historic
sites within the Overlay District.
The City Commission adopted the Overlay District on June 19, 2002, pursuant to Ordinance
Page 1004 of 2240
No. 2002-3374. The primary reason for the creation of the Overlay District was to preserve the
character and quality of the neighborhoods surrounding West Avenue, which was being
impacted by infill development that did not reflect the cohesive low scale character of the area.
The Overlay District expanded the list of main permitted uses for existing low-scale buildings in
the neighborhood to include offices, suite hotels and bed and breakfast inns. The rationale for
including these uses was to provide incentives to retain and adaptively re-use existing single
family and/or multifamily buildings that are no more than three (3) stories in height. Additionally,
the parking regulations were modified to include the allowance for a limited number of parking
spaces within required front yards.
Prior to the creation of the Overlay District, hotels, apartment-hotels, and suite hotels were
permitted uses in the RM-2 and RM-3 zoning districts in the neighborhood. In the RM-1 zoning
district before creation of the Overlay District, and within the subject area, only single-family
homes, townhomes, apartments and bed and breakfast inns were permitted. The creation of the
Overlay District expanded the list of main permitted uses within the RM-1 zoning district to
include suite hotels and offices consistent with the regulations for the RO, residential office
zoning district.
On October 16, 2013, the City Commission adopted Ordinance No. 2013-3820, prohibiting
hotel uses within the West Avenue area. This applied to the properties zoned RM-2 and RM-3,
as hotels were already prohibited in the RM-1 district. Elsewhere in the City, hotels are a main
permitted use within RM-2 and RM-3 zoning districts.
On October 14, 2020 the City Commission adopted Ordinance No. 2020-4364, which removed
suite hotels as an allowable use within the Overlay District. Office, as well as bed & breakfast
inns within existing single-family homes, were still permitted as part of the renovation of existing
structures in the Overlay. However, on September 17, 2021 the City Commission adopted
Ordinance No. 2021-4443, which prohibited any future bed and breakfast inns within the
Overlay.
Separate from the Overlay District there are citywide regulations pertaining to bed and breakfast
inns. When the Overlay District was created in 2002, more specific regulations for bed and
breakfast inns were included,which were tailored for the neighborhood.
ANALYSIS
The attached draft ordinance would provide an exception from the prohibition of bed and
breakfast inns within the West Avenue overlay. The exception would apply narrowly to a property
that obtained a building permit process number on or before October 1, 2021 for the conversion
of an existing single-family residence to a bed and breakfast inn.
Additionally, the permit process number, as well as subsequent building permit, for a bed and
breakfast inn, must remain active. If the permit process number and/or the subsequent permit
issued pursuant to such permit process number, is abandoned, expires or becomes inactive, for
any reason, the bed and breakfast inn use would no longer be permitted, and the properly must
convert to a conforming use.
Finally, a provision for a voluntary covenant has been added, to ensure that if a property that is
subject to the exception proposed herein is sold or transferred to another entity in the future, the
Page 1005 of 2240
bed and breakfast use will cease.
PLANNING BOARD REVIEW
On July 25, 2023, the Planning Board held a public hearing and transmitted the proposed
ordinance to the City Commission with a favorable recommendation(6-1).
UPDATE
The subject ordinance was approved at First Reading on September 27, 2023, with no
changes. Additionally, pursuant to section 2.4.1.c of the Land Development Regulations of the
City Code, the applicable fees in section 2.2.3.5, 2.2.3.6, and appendix A of the City Code were
waived by the City Commission, based on circumstances unique to the proposed amendment.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
No Fiscal impact Expected
CONCLUSION
The Administration recommends that the City Commission adopt the subject ordinance.
Applicable Area
South Beach
Is this a"Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Planning
Sponsor
Commissioner Laura Dominguez
ATTACHMENTS:
Description
o Ordinance
o Ad
Page 1006 of 2240
20NE I NEIGHBORS I I SUNDRY OCTOBER 12023
CITY OF MIAMI BEACH CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING
BED AND BREAKFAST PROHIBITION EXCEPTION-WEST AVENUE OVERLAY HARDING TOWNSITE SINGLE FAMILY HOME
ORDINANCE AMENDING THE RESILIENCY CODE AT SECTION 7.3.3.ENTITLED SUPPLEMENTAL CONDITIONAL USES-LAND DEVELOPMENT
WEST AVENUE BAY FRONT OVERLAY TO PROVIDE AN EXCEPTION FOR BED REGULATIONS AMENDMENT
AND BREAKFAST INNS IN THE WEST AVENUE BAY FRONT OVERLAY
OCTOBER 18,2023 ORDINANCE AMENDING SUBPART B-LAND DEVELOPMENT
CITY COMMISSION MEETING REGULATIONS BY MODIFYING SECTION 7.2.2.2 TO PROVIDE
SUPPLEMENTAL CONDITIONAL USES FOR PROPERTIES WITHIN AN
NOTICE IS HEREBY GIVEN that on October 18,ers 3.of at 10:16 a.m.,or as soon will
holdthereafter as the RS-4 ZONING DISTRICT THAT ABUT A PUBLIC PARK ON AT
matter can be heard,Ibe Mayor and City Commissioners of the City d Mimi Beach will hold■Second
Reading/Public Herkra on the following proposed Ordinance: LEAST TWO SIDES AND ARE LOCATED WITHIN THE HARDING
BED AND BREAKFAST PROHIBITION EXCEPTION-WEST AVENUE OVER av TOWNSITE LOCAL HISTORIC DISTRICT
AN ORDINANCE OF THE MAYOR AND COMMISSION OF THE CITY OF MIAMI BEACH AMENDING THE OCTOBER 18, 2023
RESILIENCY CODE OF THE CITY OF MIAMI BEACH,BY AMENDING CHAPTER 7,ENTITLED-ZONING
DISTRICTS AND REGULATIONS,'ARTICLE III,ENTITLED-OVERLAY DISTRICTS,'AT SECTION 7.3.3. CITY COMMISSION MEETING
ENTITLED 'WEST AVENUE BAY FRONT OVERLAY,-TO PROVIDE AN EXCEPTION FOR BED AND NOTICE IS HEREBY GIVEN that an October 18,2023,at im Rm..or @3 Soon thereafter as the matter can
BREAKFAST INNS IN THE WEST AVENUE BAY FRONT OVERLAY;AND PROVIDING FOR REPEALER, be heard,the Mayor and CRY Commissioners of the City of Miami Beach will hold a Second Rf"Isti/Puallc
CODIFICATION,SEVERABILITY,AND AN EFFECTIVE DATE.This Ordinance is being heard pursuant to Hearing an the following proposed Ordinance.
Chapter 2,Article IV of the Resiliency Code Section 2.0S of the Cal,Charter,and§166.041 F.S.Inquiries HARDING TOWNSITE SINGLE FAMILY HOME SUPPLEMENTAL CONDITIONAL
maybe directed to the Planning Department of 305.673.7S50. USE REGULATIONS-LOR AMENDMENT
During the October 19.2023,Commission Meeting,the City of Miami Beach will host a Hybrid ANORDINANCE OFTHE MAYORAND CITYCOMMISSION OF THE CITVOF.MIAMI BEACH,FLORIDA.AMENDING
Commission Meeting.During the Hybrid Commission Meeting,the City Commission will be physically SUBPART B-LAND DEVELOPMENT REGULATIONS OF THE CITY CODE,BY AMENDING CHAPTER 7.'ZONING
DISTRICTS ANOREGULATIONS;ARTICLE 11"DISTRICT REGULATIONS.*SECTION?2.2.IRS-1.RS-2,RS-3,RS-4
present in the Temporary Commission Chamber,located■t this Miami Beech Convention Center SINGLE-FAMILY RESIDENTIAL DISTRICTS,'BY MODIFYING SUB-SECTION 72.2 2.'USES(RS);TO PROVIDE
(110CC),1901 Convention Center Drift,floating Rooms 222.225,Miami Beach,Florida 33139. SUPPLEMENTALCONDITIONAL USESFOR PROPERTIESWfTH AN RSa ZONING DISTRICT DESIGNATION THAT
Members of the public who wish to attend this Commission Meeting or provide public comment in ABUT A PUBLIC PARK ON AT LEASTTWO SIDESAND ARE LOCATED WITHIN THE HARDING TOWNSITE LOCAL
HISTORIC DISTRICT:PROVIDING FOR CODIFICATION;REPEALER;SEVERABILITY,AND AN EFFECTIVE DATE
Person may appear at the MBCC.Applicants and members o1 the public who wish to participate or provide 7hls Ordnance is being hard pun iaw to Chi por 2,Are Je IV W me Resdwecy Coda Sacbm 2.05 of the City
comment virtually during the Commission Meeting may join the webinar at:h0oe:/lmtemlbeaefdtaov. Charler.and$166 041 F5.Inquiries may be directed to the Plam M Department a130&673.75S0,
zoom.us/i/61392657671 or Ma telephone at;1.305.224.196a 1U.S.)or 888.475.44"(Toll-Free),Wabinnr During the October Ia.2023,Commission Meeting.the City of Miami Beach At heal a Hybrid Commiselm
ID:81392857671 e.Members of the public wanting to speak virtually on an Item during the meeting must Meeting.During the Hybrid ComMWon Meeting,the City Commissionwla be physicatypreseM in the Temporary
click the'rose hand'icon it using the Zoom mpp or press'9 on the telephone to raise their hand Cemmieslon Chamber,totaled at the Mlami Beach Convention Center(MBCC),1901 Comm fica Center
INTERESTED PARTIES are Invited to lake part in this meeting or be represented by an pent.The Drive,Meeting Rome 222.228.Miami teach,Florida 23139.
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To request this material in an alternate format,sign language interpreter(Me-day It allies required), the leuim tiny and evidence upon which the acted is 10 be based This notice does not conetituls caneent by
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Please ender the MBCC on Convention Center Drive.Meeting Rooms 222.225 are located on the Second httoa daww is-boak mom/edvofmiamibuch
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Free WrFi will be available at the MBCC for meeting attendees using CMB-Guesl,no password I.required.
i `;; i Rafael E.Granada,City Clerk , o(' L Rafael E.Granada,City Clerk
tBEACH City of Miami Beach ;'',� BEACH� City OfhkomiBeach
305.673 7411 305.673.7411
AD:10182023.10-00 AD:10182023-09