C4H-Ref- Planning Board � Amend LDR�s Buildings Converted To Bed And Breakfast I------------------------------
lD MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and M
FROM: Jimmy L. Morales, City Manager TH---~
DATE: September 11, 2013
SUBJECT: REFERRAL TO THE PLANNING OARD -
PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS
THAT WOULD ADDRESS AND CLARIFY THE ELIGIBILITY FOR
CONTRIBUTING BUILDINGS IN HISTORIC DISTRICTS TO BE CONVERTED
TO BED & BREAKFAST INNS
ADMINISTRATION RECOMMENDATION
Refer an Ordinance Amendment to the Planning Board for consideration and recommendation.
BACKGROUND/ANALYSIS
On March 13, 2013, the City Commission referred an Ordinance to the Land Use and
Development Committee that would address and clarify the eligibility for contributing buildings in
historic districts to be converted to bed & breakfast inns within the City of Miami Beach.
On July 22, 2013, the Land Use and Development Committee referred the proposed Ordinance
(see attached) to the Planning Board with a favorable recommendation.
CONCLUSION
The Administration recommends that the Mayor and the City Commission refer the proposed
Ordinance Amendment to the Planning Board for consideration and recommendation.
Attachment (t ~..
JLM/~RGLITRM
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172
Agenda Item C. t{ H
Date '/-({-13
ORDINANCE NO. _______ _
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF
MIAMI BEACH, BY AMENDING 142, "ZONING DISTRICTS AND
REGULATIONS" ARTICLE V "SPECIALIZED USE REGULATIONS ,"
DIVISION 7 " BED AND BREAKFAST INNS," TO ADDRESS AND
CLARIFY THE ELIGIBILITY FOR CONTRIBUTING BUILDINGS IN
HISTORIC DISTRICTS TO BE CONVERTED TO BED & BREAKFAST
INNS WITHIN THE CITY OF MIAMI BEACH; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
WHEREAS, the City Code contains provisions for permitting bed and breakfast
inns; and
WHEREAS, these provisions are limited and targeted at preserving historic
buildings while permitting single family homes in historic districts to have options for
such usage in order to incentivize their restoration; and
WHEREAS, in 2010 the Bed and Breakfast ordinance was amended to permit
limited accessory assembly use in very limited cases; and
WHEREAS, after the amendment was adopted it was found to contain language
that inadvertently permitted apartment buildings that had been converted to single family
usage to then be converted to transient use, which is contrary to the intention of the
original ordinance; and
WHEREAS, the amendment set forth below is necessary to clarify the eligibility
for Bed and Breakfast Inns to correct this oversight;
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1.
Sec. 142-1401. Conditions for bed and breakfast inns.
Bed and breakfast inns are permitted with the following conditions:
(1) The use shall be situated in a contributing building and located in a locally
designated historic preservation district. The use may also be situated in a
noncontributing building if it is restored to its original historic appearance and
re-categorized as "contributing."
(2)The owner of the bed and breakfast inn shall permanently reside in the
structure.
(3)
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(a) The structure shall have originally been constructed as a single-
family residence; or
(b) The existing structure shall not have originally been constructed
as an apartment building or be is--Ret-classified by the city as an
apartment building as defined in section 114-1 of the City Code.
The structure may have original auxiliary structures such as a
detached garage or servant's residence, but shall not have
noncontributing multifamily or commercial auxiliary structures.
* * *
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 re-
numbered or re-lettered 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, 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 __ day of ____ 2013.
ATTEST:
CITY CLERK
First Reading:
City Attorney
174
MAYOR
APPROVED AS TO FORM
AND LANGUAGE
AND FOR EXECUTION
Date
Second Reading:
Verified By:
Richard G. Lorber, AICP
Acting Planning Director
Underline = new language
Strikethro~::~gh = deleted language
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