Ordinance 2025-4724 ?025-4724
Hotel Use Approval Clarification— LDR Text Amendment
(Amended for Second Reading)
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH
RESILIENCY CODE, BY AMENDING CHAPTER 7, ENTITLED "ZONING
DISTRICTS AND REGULATIONS;' ARTICLE II, ENTITLED "DISTRICT
REGULATIONS,' BY AMENDING SECTION 72.4, ENTITLED "RM-1
RESIDENTIAL MULTIFAMILY LOW INTENSITY,"AT SUBSECTION 72.42,
ENTITLED "USES (RM-1)," AND 8Y AMENDING SECTION 7.2.5,
ENTITLED"RM-2 RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY,"AT
SUBSECTION 7.2.5.2, ENTITLED "USES (RM-2�;' AND BY AMENDING
SECTION 7.2.6, ENTITLED "RM3 RESIDENTIAL MULTIFAMILY, HIGH
INTENSITY," AT SUBSECTION 72.6.2, ENTITLED "USES (RM3)," AND
BY AMENDING SECTION 7.2.10, ENTITLED "CD-1 COMMERCIAL, LOW
INTENSITY DISTRICT,"AT SUBSECTION 7.2.10.2, ENTITLED "USES(CD-
1);' AND BY AMENDING SECTION 72.11, ENTITLED "CD-2
COMMERCIAL, MEDIUM INTENSITY DISTRICT," AT SUBSECTION
72.'112, ENTITLED "USES(CD-2);'AND BYAMENDING SECTION 72.12,
ENTITLED "CD3 COMMERCIAL, HIGH INTENSITY DISTRICT," AT
SUBSECTION 7.2.12.2, ENTITLED "USES (CD3)," AND BY AMENDING
SECTION 7.2.13, ENTITLED "MIXED USE ENTERTAINMENT DISTRICT;'
AT SUBSECTION 72.132,ENTITLED"USES(MXE),"AND BYAMENDING
SECTION 7.2.14, ENTITLED "NORTH BEACH TOWN CENTER-CORE
DISTRICT (TC)," AT SUBSECTION 7.2.'14.2, ENTITLED "USES (TC-1, TC-
2)," AND BY AMENDING SUBSECTION 72.74.3, ENTITLED "USES (TC-
3)," AND BY AMENDING SUBSECTION 72.14.6, ENTITLED "TOWN
CENTER-CENTRAL CORE (TGC) DISTRICT," AND BY AMENDING
SECTION 72.75, ENTITLED "PERFORMANCE STANDARD DISTRICT
(PS)," AT SUBSECTION 72.15.2, ENTITLED "RESIDENTIAL
PERFORMANCE STANDARDS DISTRICTS (R-PS)," AND BY AMENDING
SUBSECTION 72.15.3, ENTITLED "COMMERCIAL PERFORMANCE
STANDARDS DISTRICTS (C-PS);' BY REFERENCING THE HOTEL
APPROVAL PROCESS ESTABLISHED UNDER SECTION 2.7.2, AND
CONFORMING THE REGULATIONS FOR EACH RESPECTIVE ZONING
DISTRICT TO REFLECT THAT THE APPROVAL OF A WARRANT BY THE
CITY COMMISSION SHALL BE REQUIRED PRIOR TO THE REVIEW OF A
LAND USE BOARD APPLICATION OR BUILDING PERMIT FOR A
HOTEL, SUITE HOTEL, APARTMENT HOTEL, OR HOSTEL, SUBJECT
TO EXCEPTIONS, AND SUBJECT TO THE PROCEDURAL
REQUIREMENTS AND REVIEW CRITERIA IN SECTION 2.72; AND
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY,
APPLICABILITY;AND AN EFFECTIVE DATE.
WHEREAS, on February 3, 2025, the City Commission adopted an Ordinance creating a
warrant process for the review of all future apartment hotels, hotels, suite hotels, and hostels in
districts where such uses are permitted, as provided in section 272 of the Resiliency Code; and
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WHEREAS, this Ordinance is a companion amendment to the Ordinance creating the
warrant process; and
WHEREAS, this Ordinance amends each zoning disirict where apartment hotels, hotels,
suite hotels, and hostels may be permitted, by referencing the approval process established under
section 2.7.2; and
WHEREAS, the amendments set forth below are necessaryto accomplish all of 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 of the Resiliency Code, entitled "Zoning Districts and Regulations," is
hereby amended as follows:
CHAPTER7
ZONING DISTRICTS AND REGULATIONS
ARTICLE II: DISTRICT REGULATIONS
72.4 RM-1 RESIDENTIAL MULTIFAMILY LOW INTENSITY
72.4.2 USES (RM-1)
a. Supplemental Main Permitted Uses Regulations (RM-1)
The supplemental main permitted uses are as follows:
1. Apartment hotels, hotels, and suite hotels for properties fronting Harding Avenue
ar Collins Avenue, from lhe city line on the north, to 73rd Street on the
south (MAP EXHIBIT-1)(pursuant to sections 272 which reouires a
Commission warrant, and 7.5.4.5)
7.2.5 RM-2 RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY
72.5.2 Uses (RM-2)
a. Supplemental Main Permitted Uses Regulations (RM-2) *
The supplemental main permitted uses are as follows:
1. Apartment hotels, hotels, hostels, and suite hotels (pursuant to sections 2.7.2
. which requires a Commission warrant. and 7.5.4.5).
72.6 RM3 RESIDENTIAL MULTIFAMILY, HIGH INTENSITY
Page 2 of 7
72.6.2 Uses (RM3)
a. Supplemental Main Permitted Uses Regulations (RM3) x
The supplemental main permitled uses are as follows:
1. hotels, hostels, and suite hotels(pursuant to sections 2.72, which reauires a
Commission warrant and 7.5.4.5).
72.11 C0.2 COMMERCIAL, MEDIUM INTENSITY DISTRICT *
7.2.11.2 Uses (CD-2) * *
a. Supplemental Main Permitted Uses Regulations (CD-2) Y
The supplemental main permitted uses are as follows:
1. Apartment hotels, hotels, hostels, and suite hotels (pursuaM to sections 2.7.2
which requires a Commission warrant. and 7.5.4.5).
72.12 CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT
7.2.12.2 Uses (CD3)
a. Supplemental Main Permitted Uses Regulations (CD3) #
The supplemental main permitted uses are as follows:
1. Apartment hotels, hotels, hostels, and suite hotels (pursuant to sections 2.72
which requires a Commission warrant, and 7.5.4.5).
72.13 MXE MIXED USE ENTERTAINMENT DISTRICT
7.2.13.2 Uses (MXE)
a. Supplemental main permitted uses Regulations (MXE) *
The supplemental main permitted uses are as follows:
1. Apartments; apartment hotels, hotels, hostels, and suite hotels (pursuant to
sections 272 which requires a Commission warrant and 7.5.4.5).
72.14 NORTH BEACH TOWN CENTER-CORE DISTRICT(TC)
7.2.14.2 Uses (TC-1, TC-2)
USES TABLE (TC-1, TC-2)
RESIDENTIAL
Apartments � P
Page 3 of 7
a. Supplemental Main Permitted Uses Regulations (TC-1, TC-2)
The supplemental main permitted uses are as follows:
1. Alcoholic beverage establishments pursuant to the regulations set forth in
chapter 6;
2. The ground story frontage along 71st Street and Collins Avenue shall be
govemed by section 72.14.4. The provisions of chapter 6 conceming distance
separation for consumption of alcoholic beverages on premises in restaurants
shali not apply to this district.
3. Kennels are only allowed in Ihe TG1 District.
4. Apartment hotels and hotels (pursuant to sections 2.72 which requires a
Commission warrant. and 7.5.4.51.
72.14.3 Uses (TC-3) * *
b. Supplemental Conditional Uses Regulations (TC3) *
The supplemental main permitted uses are as follows:
�. Apartment hotels, hotel, and suite hotel (pursuant to sections 2.7.2. which
requires a Commission warrant, and 7.5.4.5).
7.2.14.6 TOWN CENTER-CENTRAL CORE (TGC) DISTRICT
b. Uses (TC-C)
2. Supplemental Use Regulations (TC-C) *
A. The following supplemental regulations shall apply to specific uses in the TGC
district:
i. There shall be no variances regarding the regulations for permitted, prohibited,
accessory, exception, special ezception, and condltional uses in section
72.14.6.b.1; and the supplemental regulations of such uses in section 72.14.6.b2.
ii. Apartment hotels and hotels (pursuant to sections 272 which reauires a
Commission warrant, and 7.5.4.51.
7.2.15 PERFORMANCE STANDARD DISTRICT(PS)
7.2.15.2 Residential Performance Standards Districts (R-PS)
b. Uses
USES TABLE(R-PS)
R-PS 1, 2 R-PS 3,4
Page 4 of 7
USES TABLE(R-PS)
RESIDENTIAL
Single-family P p
Townhome P P
Apartmenf P P
LODGING
Apartment hotel pursuant to sections 2.72
which reauires a Commission warrant and Pro P
7.5.4.5
Hotel pursuant to sections 2.7.2, which
requires a Commission warrant, and 7.5.4.5 Pro P
Suite hotels pursuant to sections 2.7.2 which Pro P
requires a Commission warrant, and 7.5.4.5
Hostel pursuant to sections 2.72, which pro Pro
re uires a Commission warrant and 7.5.4.5
72.15.3 Commercial Performance Standards Districts (C-PS) *
b. Uses *
USES TABLE(C-PS)
C-PS 1,2,3,4
RESIDENTIAL
Single-famity P
Townhome P
Apartment P
LODGING
Apartment hotel pursuant to sections 2.7.2, which requires a Commission P
warrant, and 7.5.4.5
Hotel pursuant to sections 2.7.2 which requires a Commission warrant, P
and 7.5.4.5
Page 5 of 7
USES TABLE(C-PS)
Suite hotels pursuant to sections 2.Z2, which requires a Commission P
warrant and 7.5.4.5
Pro in C-P51 and
Hostel pursuant to sections 2.7.2, which reouires a Commission warrant C-P52
and 7.5.4.5 P in GP53 and G
P54
SECTION 2. 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 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 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 4. SEVERABILITY.
If any section, subsection, dause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such irnalidity.
SECTION 5. APPLICABILITY.
This Ordinance shall not apply to the following properties:
a. Properties fronting Washington Avenue that have an active land use board application
with a hearing file number and where a notice to proceed to public hearing has been
issued by the City prior to July 1, 2024.
b. Properties fronting the west side of Collins Avenue between 77 Street and 79 Street
for which a property owner applied for a joint pre-application meeting with
Transportation Staff and Planning Department Staff before November 26, 2024.
c. Properties fronting the west side of Collins Avenue between 13th Street and 14ih
Street,with a contributing building with less than 50 residential units, if the contributing
structure was originally constructed as a hotel and then later converted to residential
apartments.
Page 6 of 7
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this �� day of �a�/ , 2025.
�
ATTEST:
NAY 2 � 2025 �
teven Meiner, Mayor
Rafael E. Grana o, City Clerk
APPROVED AS TO
� FORM AND LANGUAGE
i � 8 FOR EXECUTION
Verified By: � � � 1S ZOZ$-'
Thomas R. Mooney, AICP City o ey �k Date
Planning Director
Sponsored by Commissioner Joseph Magazine
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Ordinances - R5 E
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and�Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: May 21, 2025 9:30 a.m. Second Reading Public Hearing
TITLE: HOTEL USE APPROVAL CLARIFICATION — LDR TEXT AMENDMENT
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH RESILIENCY CODE,
BY AMENDING CHAPTER 7, ENTITLED "ZONING DISTRICTS AND
REGULATIONS," ARTICLE II, ENTITLED "DISTRICT REGULATIONS," BY
AMENDING SECTION L2.4, ENTITLED'RM-1 RESIDENTIAL MULTIFAMILY LOW
WTENSITY,` AT SUBSECTION 72.42, ENTITLED "USES (RM-1)," AND BY
AMENDING SECTION 72.5, ENTITLED "RM-2 RESIDENTIAL MULTIFAMILY,
MEDIUM INTENSITY," AT SUBSECTION 72.52, ENTITLED `USES (RM-2)," AND
BY AMENDING SECTION 72.6, ENTITLED "RM3 RESIDENTIAL MULTIFAMILY,
HIGH WTENSITY," AT SUBSECTION 72.62, ENTITLED "USES (RM3)," AND BY
AMENDING SECTION 72.10, ENTITLED "CD-1 COMMERCIAL, LOW INTENSITY
DISTRICT;' AT SUBSECTION 72.102, ENTITLED "USES (CD-1),` AND BY
AMENDING SECTION 72.11, ENTITLED "CD-2 COMMERCIAL, MEDIUM
INTENSITY DISTRICT." AT SUBSECTION 72.112, ENTITLED "USES (CD-2),"
AND BY AMENDING SECTION 72.12, ENTITLED 'CD-3 COMMERCIAL, HIGH
INTENSITY DISTRICT," AT SUBSECTION 72.12.2, ENTITLED "USES (CD-3),"
AND BY AMENDING SECTION 72.13, ENTITLED"MIXED USE ENTERTAINMENT •
DISTRICT," AT SUBSECTION 72.132, ENTITLED "USES (MXE);' AND BY
AMENDING SECTION 72.14, ENTITLED "NORTH BEACH TOWN CENTER-CORE
DISTRICT (TC),"AT SUBSECTION 72.142, ENTITLED"USES (TC-1, TC-2),"AND
BY AMENDING SUBSECTION 72.14.3, ENTITLED 'USES (TC3)," AND BY
AMENDWG SUBSECTION 72.14.6, ENTITLED "TOWN CENTER-CENTRAL
CORE (TGC) DISTRICT," AND BY AMENDING SECTION 72.15, ENTITLED
'PERFORMANCE STANDARD DISTRICT (PS)," AT SUBSECTION 72.152,
ENTITLED "RESIDENTIAL PERFORMANCE STANDARDS DISTRICTS (R-PS),"
AND BY AMENDING SUBSECTION 72.15.3, ENTITLED "COMMERCIAL
PERFORMANCE STANDARDS DISTRICTS (C-PS)," BY REFERENCING THE
HOTEL APPROVAL PROCESS ESTABLISHED UNDER SECTION 2.72, AND
CONFORMING THE REGULATIONS FOR EACH RESPECTNE ZONING
DISTRICT TO REFLECT THAT THE APPROVAL OF A WARRANT BY THE CITY
COMMISSION SHALL BE REQUIRED PRIOR TO THE REVIEW OF A LAND USE
BOARD APPLICATION OR BUILDING PERMIT FOR A HOTEL, SUITE HOTEL,
APARTMENT NOTEL, OR HOSTEL, SUBJECT TO EXCEPTIONS, AND SUBJECT
TO THE PROCEDURAL REQUIREMENTS AND REVIEW CRITERIA IN SECTION
2J2; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY,
APPLICABILITY; AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the Mayor and Ciry Commission (City Commission) adopt
the ordinance.
BACKGROUND/HISTORY
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On December 11, 2024, the Ciry Commission approved an ordinance at First Reading
establishing a commission approval process for future hotel uses. As part of this approval at First
Reading, the City Commission also referred a separete ordinance to the Planning Board, ro clariry
the zoning districts for which the hotel approval prceess will apply. The hotel approval process
ordinance was adopted by the City Commission at Second Reading on February 3, 2025.
ANALYSIS , - �� � �
On February 3, 2025, the Ciry Commission adopted Ordinance No. 2025-0694, which created a
hotel approval process, consistinq of a requirement for the issuance of a City Commission
Warrant for new hotel uses. This ordinance also included the following applicability provision:
This Ortlinance sha)1 not apply M the following properties: �
a. Properties fronting Washington Avenue that have an active land use board application
with a hearing file number and where a notice to proceed to public hearing has been
issued by the Ciry prior fo July 1, 2024.
b. Properties ironting the west side o/Collins Avenue befween 77 Street and 79 Street
for which a property owner applied for a joint pre-application meeting with
Trensportation Staff and Planning DepaRment StaH before November 26, 2024.
c Properties fronting fhe west side o/ Collins Avenue behveen 13th Street and 74th
Street, with a contributing building with less than 50 residential units, i(the contributing
structure was originally conshucted as a hotel and then later converted fo residential
apartments.
The subject ordinance is a companion amendment to the hotel approval process ordinance and
amends each zoning district where apartment hotels, hotels, suite hotels, and hostels may be
permitted, by referencing�the warrant process established under section 2.Z2 of the Land
Development Regulations of the City Code (LDRs). The approval of a warrant by the City
Commission is now required prior to the review of a land use board application or building permit
for a hotel, suite hotel, apartment hotel, or hostel, subject to exceptions, antl subject to the
procedural requirements and review criteria in section 2.72.
PLANNING BOARD REVIEW
On February 4, 2025, the Planning Board held a public hearing and transmitted the proposed
ordinance to the Ciry Commission with a favorable recommendation (6-0).
UPDATE
The subject ordinance was approvetl at First Reatling on February 26, 2025, subject to the
following additional ezception provisions being addetl, which mirror the applicability section in
Ordinance 2025-0694:
This Ordinance shall nof appty to the following properties:
7. Properties fronting Washington Avenue that have an active land use board application with a
hearing file number and where a notice to proceed to public hearing has been issued by the
City piior to Jury 1, 2024.
2. Properties fronting the west side of Collins Avenue behveen 77 Street and 79 Street that have
applied/or a joint pre-application meeting with Transportation Staff and Planning Department
Staff before November 26. 2024.
3. Properties fronting the west side of Collins Avenue between 13th Street and 14th Street, with
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a contributing building with less than 50 �esidential units, if the contributing shucture was
onginalty constructed as a hotel and then later converted to residential apartments.
The attached ordinance for Second Reading has been modifed to inclutle these additional
exception provisions.
On April 23, 2025, Second Reading of the subject ordinance was discussetl and deferred to the
May 21, 2025 Ciry Commission meeting� �
FISCAL IMPACT STATEMENT
No Fiscal Impact Expected
Does this Ordinance require a Business Imoact Estimate7 Yes
(FOR ORDINANCES ONLV)
If applicable, the Business Impact Estimate (BIE) was published on: 3118/2025
See BIE at https�llwww miamibeachfl qovldtv-halllcity-clerklmeetino-noticesl
FINANCIAL INFORMATION
Not Applicable
CONCLUSION
The Administration recommends that the Ciry Commission adopt the ordinance.
Applicable Area
Citywide
Is this a "Residents Rioht to Know" item. Is this item related to a G.O. Bond
pursuant to Ciri Code Section 2-17? Proiect?
Yes No
Was this Apentla Item initially reouested bv a lobbvist which as defined in Code Sec. 2-081.
includes a orincipal enaaaed in lobbvinst? No
If so, specify the name of lobbyist(s) and principal(s):
DepaRment
Planning
Spansor(sl
Commissioner Joseph Magazine
Co-soonsor(s1
1323 of 2719
Condensed Title � �
930 a.m. 2nd Rdg, Hotel Use Approval Clarifcation-LDR Text Amendment. (JM) PL 5/7
Previous Action (For CiN Clerk Use Onlvl
Deferred on 4I23/2025 - RS I
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