Ordinance 2025-4745 Website Advertising for LDR Amendments
ORDINANCE NO. Z025-4745
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, SUBPART B, ENTITLED "MIAMI BEACH RESILIENCY
CODE," CHAPTER 2, ENTITLED "ADMINISTRATION AND REVIEW
PROCEDURES," ARTICLE IV, ENTITLED "AMENDMENTS TO
COMPREHENSIVE PLAN AND TO THE TEXT OF THE LAND
DEVELOPMENT REGULATIONS," SECTION 2.4.2, ENTITLED
"AMENDMENT TO THE TEXT OF LAND DEVELOPMENT REGULATIONS,"
BY MODIFYING THE PUBLISHED NOTICE REQUIREMENTS FOR
AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS OF THE
qTY CODE; AND PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission desire to amend the current requirements in
the City Code pertaining to notice requirements for amendments to the land development
regulations of the City Code (LDRs); and
WHEREAS, public notice is an important component of the LDR amendment process;and
WHEREAS, by providing transparency in government and providing opportunities for
public input, minimum notice requirements for amendments to the LDRs promote the general
health, safety and welfare of the residents of the City; and
WHEREAS, Section 50.0311, Florida Statutes, authorizes the City to use a publidy
accessible website hosted by Miami-Dade County as an alternative means of publishing notices
and advertisements othenvise required to be published in a newspaper of general circulation; and
WHEREAS, on May 15, 2024, the Mayor and City Commission adopted Ordinance No.
2024-4618, amending the City Code to authorize the City to publish notices and advertisements
on a publicly accessible website hosted by Miami-Dade County, except as othenvise provided by
applicable law; and
WHEREAS, on November 5, 2024, 76.31% of the City's electorate voted in favor of
Referendum 5, which amended City Charter Section 2.05 to permit notices of proposed
Ordinances to be published online, pursuant to Section 50.0311, Florida Statutes; and
WHEREAS, this Ordinance amends the LDRs to require the City to publish notices of
amendments to the LDRs on a publicly accessible website, in lieu of the newspaper, consistent
with Section 50.0311, Florida Statutes, and Ordinance No. 2024-4618; and
WHEREAS, this Ordinance does not modify existing requirements for mail notice; and
WHEREAS, the amendments set forth below are necessary to accomplish all of the above
objectives.
Page 1 of 4
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter 2 of the Miami Beach Resiliency Code, entitled "Administration and Review
Procedures," Artide IV, entitled, "Amendments To Comprehensive Plan And To The Text Of The
Land Development Regulations," is hereby amended as follows:
CHAPTER2
ADMINISTRATION AND REVIEW PROCEDURES
ARTICLE IV. AMENDMENTS TO COMPREHENSIVE PLAN AND TO THE TEXT OF THE
LAND DEVELOPMENT REGULATIONS
2.4.2 Amendment to the text of land development regulations
d. Action by city commission; notice and hearings.
1. In al�cases in which the proposed amendment changes the actual list of permitted, conditional
or prohibited uses in a zoning category or changes the actual zoning map designation for a
parcel or parcels of land and, in either case, the proposed amendment imolves less than ten
contiguous acres, the city commission shall direct the clerk of the city to notify by mail each
real property owner whose land the city will redesignate by enactment of the ordinance and
whose address is known by reference to the latest ad valorem tax records. Provided further,
notice shall be given by mail to the owners of record of land lying within 375 feet of the land,
which is to be changes by the proposed permitted, conditional or prohibited use change. The
notice shall state the substance of the proposed ordinance as it affects that property owner
and shall set a time and place for one or more public hearings on such ordinance. Such notice
shall be given at least 30 days prior to the date set for the public hearing, and a copy of such
notice shall be kept available for public inspection during the regular business hours of the
office of the city clerk. The city commission shall hold a public hearing on the proposed
ordinance and may, upon the condusion of the hearing, immediately adopt the ordinance.
2. In all cases in which the proposed amendment changes the actual list of permitted, conditional
or prohibited uses within a zoning category regardless of the acreage of(he area affecled, or
changes the actual zoning map designation of a parcel or parcels of land involving ten
contiguous acres or more, the city commission shall provide for public notice and hearings as
follows:
i. The city commission shall hold two advertised public hearings on the proposed
ordinance. At least one hearing shall be held after 5:00 p.m. on a weekday, unless the
city commission, by a majority plus one vote, elects to conduct that hearing at another
time of day. The first public hearing shall be held at least seven days after the day that
the first advertisement is published. The second public hearing shall be held at least ten
days aRer the first hearing and shall be advertised at least five days prior to the public
hearing.
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ii. The required no[ice shall be oublished on a oubliclv accessible website hosted bv Miami-
Dade Countv consistent with the reauirements of section 50 0371 Florida Statutes The
notice shall include the title of the ordinance as well as the date time and meetinq place
for the oublic hearinq The notice ^�'��^:'.V:w.��:^�^;�shall be no less than hvo columns wide
by ten inches long '^ - ^'-^�'^�� ��-^ ^� �^�^��+ �'�^ ^^•^r^ , and the headline in lhe
^�'.,^�'�...o.R^^�^^• notice shall be in a type no smaller than 18 poinL T'-^��.,�:�.^,:��;::er„shc..
The
adveHisemeaf notice shall be in substantially the following form:
NOTICE OF(TYPE OF) CHANGE
The City of Miami Beach proposes to adopt the following ordinance: (title of ordinance)
A public hearing on the ordinance will be held on (date and time) at(meeting place).
In lieu of or in addition to publishing the aA�eHisemeaf notice set forth above in this ia
subsection (2)(ii), the city may mail a notice to each person owning real property within
375 feet of the area covered by the proposed amendment and to persons owning real
property within the area that is the subject of the proposed amendment. Such notice shall
clearly explain the proposed ordinance and shall notify the person of the time, place and
location of both public hearings on the proposed ordinance.
3. When a request to amend the text of these land development regulations does not change
the actual list of permitted, conditional or prohibited uses in a zoning category, or when a
request to change the actual zoning map designation of a parcel or parcels of land is initiated
by an applicant other than the city, the following procedures shall apply in addition to the
applicable procedures in subsections (1) and (2)of this section:
i. A proposed ordinance may be read by title or in full on at least two separate days and
shall, at least ten days prior to adoption, be noticed once on a publiclv accessible website
hosted bv Miami-Dade Countv consistent with the reauirements of section 500311
Florida Statutes � . The notice of proposed
enactment shall state the date, time and place of the meeting; the title or titles of proposed
ortlinances; and Ihe place or places within Ihe city where such proposed ordinances may
be inspected by the publia The notice shall also advise that interested parties may
appear at the meeting and be heard with respect to the proposed ordinance.
ii. Immediately following the public hearing at the second reading, the city commission may
adopt the ordinance.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
Page 3 ot 4
�
SECTION 3. 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 ofthis ordinance may be renumbered or relettered to accomplish such
intention; and that the word 'brdinance" may be changed to "section" or other appropriate word.
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.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this a�day of �NN< , 2025.
0 �""`"_" '_"_
Steven Meiner, Mayor
ATTEST: APPROVED AS TO FORM AND
LANGUAGE AND FOR EXECUTION
� e . ranado, CityClerk '�"��5���
REGIS BARBOU JUN 3 0 2025 CiryAtrorney IJk oate
_�.);i"e'Ey���„
l�;�"� cti''+,
(Sponsored by Commissioner David Suarez) = ;.��w..
ir /'�"'w `t `�
'.IXCORP �AAiE�!
First Reading: April; 23, 2025 ?,�., � �h;'
Second Reading: May 21, 2025 "�?R �. �'�`�'
Verified By:
�"V ` ,CH�26;..;'
Thomas R. Mooney, AICP
Planning Director
T'.W.gentla�2025\04 April 23,2025\Planning\Websi�e Ativerlising for LDR AmendmenLs-Firs�Reatling ORO.docx
Page 4 of 4
Ordinances-RS W
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: June 25, 2025 10:50 a.m. Second Reading Public Hearing
TITLE: WEBSITE ADVERTISING FOR LDR AMENDMENTS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CIN OF
MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI
BEACH, SUBPART B, ENTITLED"MIAMI BEACH RESILIENCV CODE,"CHAPTER
2, ENTITLED "ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE IV,
ENTITLED"AMENDMENTS TO COMPREHENSIVE PLAN AND TO THE TEXT OF
THE LAND DEVELOPMENT REGULATIONS," SECTION 2.4.2, ENTITLED
"AMENDMENT TO THE TEXT OF LAND DEVELOPMENT REGULATIONS," BY
MODIFYING THE PUBLISHED NOTICE REQUIREMENTS FOR AMENDMENTS
TO THE LAND DEVELOPMENT REGULATIONS OF THE CITY CODE; AND
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN
EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends Ihat the Mayor and City Commission (City Commission) adopt
the ordinance.
BACKGROUNDIHISTORY
On November 20, 2024, at the request of Commissioner David Suarez, the City Commission
referred a proposal pertaining to website advertising for land use amendmen[s(C4 V)to Ihe Land
Use and Sustainability Committee (LUSC). On January i6, 2025, the LUSC recommended that
lhe Ciry Commission refer the attached ordinance to the Planning Board.
On February 26, 2025, at the request of Commissioner David Suarez, the City Commission
referred the proposed ordinance to the Planning Board (C4 E).
ANALYSIS
Section 50.0311, Flonda Statutes, permits lhe use of publicly accessible websites, hosted by
counties, as an altemative to publishing legal notices in newspapers. On May 15, 2024, the Ciry
Commission adopted Ordinance No. 2024-4618,allowing the Ciry to publish legal advertisemenls
and notices on a Miami-Dade County-hosted website instead of in newspapers, with exceptions
as specifed by the City and Counry ChaAers or Codes.
On November 5, 2024, the Ciry's electorete appmved Referendum 5, amending Ciry Charter
Section 2.05 to authonze online publication of notices for proposed ordinances in accordance with
Section 50.0371, Flontla Statutes. The amendment was recommended by the Ad Hoc Advisory
Charter Review and Revision Board (CRB).
Consistent with the voter-approved Charter amendment, the atlached draft ordinance amends
Chapter 2 of Ihe Land Development Regulations (LDRs) in the City Code. This change replaces
the current requirement for newspaper publication of amendmenis to the LDRs with an online
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nofice on a Miami-Dade County-hosted website, in accordance with the provisions of Sedion
50.0311, Flonda Statutes.
The City Commission adopted a similar ordinance on February 3, 2025, authonzing the same
websife notice requirements for land use boartls applications for development approval.
PLANNING BOARD REVIEW
On Apnl 8, 2025, the Planning Board held a public hea�ing antl trensmitted ihe proposed
ordinance to the City Commission with a favorable rewmmendation (7-0). Separately, the
Planning Board also recommended ihat the City website include a link to notices on Ihe Miami-
Datle County website.
SUMMARYIUPDATE
The Administration is supportive of the proposal as chanqing the publication of notices for
amendments to Ihe LDRs to a website managed by the counry will be much more cost effective,
as well as provide needed Nexibility in the timing for such publications.
On May 21, 2025, the subject ordinance was approved at First Reading, with no changes. To
allow the website advertising for amendments to the LDRs to commence as soon as possible,the
City Commission also waived the annual zoning cyGe resMdion for the subject amendment,
pursuant to Section 2.32 of the LDRs, and set a Second Reading public hearing for June 25,
2025.
FISCAL IMPACT STATEMENT
No Fiscal Impad Expecled
Does this Ordinance reouire a Business Imoact Estimate? Yes
(FOR ORDINANCES ONLY)
If applicable,the Business Impact Estimate(BIE)was published on: SI23I2025
See BIE ak https�/Iwww miamibeachfl pov/ciri-halllcity-clerklmeelina-noticesl
FINANCIAL INFORMATION
Not Applicable
CONLLUSION
The Administration recommends thal the City Commission adopt the ortlinance.
Aoolicable Area
Citywide
Is this a"Residents Riaht to Know" item. Is this item related to a G.O. Bond
pursuant to Cilv Code Section 2-17? Proiect7
Yes No
Was this Aaenda Item initiallv reouested bv a lobbvist which as defined in Code Se�. 2�481.
includes a orincioal enoaoad in Iobbvinn4 No
If so, specify the name of lobbyist(s)and pnncipal(s):
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Deoartment
Planning
Soonsorlsl
Commissioner David Suarez
Co-soonsoNsl
Condensed Title
10:50 a.m. 2nd Rdg, Website Advertising !or LDR Amendments. (Suarez) PL SA
Previous Adion (For CIN Clerk Use Onlvl
First Reading Public Heanng on 5/21/2025- R5 U
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