R5P-Amend Ch 142 Require Transients To Register At Suite Hotel -Grieco-& RF ir{-H'L-/1.. / \\_/l I:
OFFICE OF THE CITY ATTORNEY
RAUL AGUILA, CITY ATTORNEY COMMISSION MEMORANDUM
TO:MAYOR PHILIP LEVINE FIRST READING
MEMBERS OF THE CITY COMMISSION
JIMMY L. MORALES, CITY MANAGER
FROM: ALEKSANDR BOKSNER, FIRST ASST. CITY ATTORNE
DATE: SEPTEMBER 2, 2015
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142 OF THE MIAMI
BEACH CITY CODE, ENTITLED "ZONING DISTRICTS AND
REGULATIONS,'' BY AMENDING ARTICLE IV, ENTITLED..SUPPLEMENTARY DISTRICT REGULATIONS,'; BY AMENDING
DIVISION 3, ENTITLED "SUPPLEMENTARY USE REGULATIONS"; BY
AMENDTNG SUBSECTTON (5), TO REQUIRE TRANSTENT GUEST(S) OR
OCCUPANT(S) TO REGISTER AT THE SUITE HOTEL; PROVIDING FOR
COD!FICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE
DATE.
Commissioner Michael Grieco has proposed an ordinance amendment to Section 142-
1105(5) of the Miami Beach Code. This ordinance amendment will require transient
guest(s) or occupant(s) of a suite hotel to register at the registration desk. The
registration requirement is an important public policy component by ensuring that all
persons are properly granted access to the suite hotel, thereby seruing to protect other
transient guest(s) and/or occupant(s) at the premises of the suite hotel. Commissioner
Grieco anticipates this to be an additional level of security, since it would prohibit
unpermitted individual(s) from accessing the suite hotel.
Commissioner Grieco further acknowledges that Section 142-1105(5) was created
during a period of time that did not anticipate these technological advancements for
hotel reservations, which can now be accomplished via mobile devices. This amended
Ordinance will establish an important security requirement for current transient guests
and occupants of suite hotels, and will ensure that only lawfully permitted persons have
access to the suite hotel unit and common areas.
The amendment to this Land Development Regulation must be presented to the
Planning Board, and the Mayor and City Commission must have this matter transmitted
to the Planning Board for their review on September 30, 2015.
RJA/AB/sc
Agenda ltem
Date482
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142 OF
THE MIAMI BEACH CITY CODE, ENTITLED "ZONING DISTRICTS
AND REGULATIONS," BY AMENDING ARTICLE !V, ENTITLED..SUPPLEMENTARY DISTRICT REGULATIONS,'; BY AMENDING
DIVISION 3, ENTITLED "SUPPLEMENTARY USE REGULATIONS";
BY AMENDTNG SUBSECTTON (5), TO REQUTRE TRANSTENT
GUEST(S) OR OCCUPANT(S) TO REGTSTER AT THE SUITE HOTEL;
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND
AN EFFECTIVE DATE.
WHEREAS, the reservation of hotel rooms may be accomplished through various
mobile mediums and devices, based upon advancements in mobile technologies; and
WHEREAS, these mobile technological advancements have created new challenges
to traditional reservations at hotels, which challenges have directly impacted the safety and
security of all tenants, guests and occupants at suite hotels; and
WHEREAS, the City has determined that safe-guarding the security of those persons
residing or visiting at suite hotels requires this amendment to prevent intruders, or any other
persons not permitted on the premises of the suite hotel.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND GITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Chapter 142, "Zoning Districts and Regulations," Article lV, "Supplementary
District Regulations," Division 3, "Supplementary Use Regulations," Section 142-1105, entitled,
"suites hotel"; of the Code of the City of Miami Beach, Florida, is hereby established, as follows:
Chapter 1 42. Zoning D'rstrictsand Regulations
Article lV. Supplementary District Regulations
Division 3. Supplementary Use Regulations
Sec. 142-1{05. Suites hotel.
When a hotel unit contains cooking facilities it shall be considered as a suite hotel unit
and shall conform with the following:
(1) The units shall only be permitted in new construction, in historic district suites hotels that
have been rehabilitated in general accordance with the U.S. Secretary of the lnterior's
standards for rehabilitation of historic buildings as determined by the planning and
zoning director, or in buildings which have been substantially rehabilitated or where the
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suites hotel units are part of a request for a building permit that will result in the building
being substantially rehabilitated.
(2) Cooking facilities in units of less than 550 square feet shall be limited to one microwave
oven and one five-cubic-foot refrigerator. Notwithstanding the forgoing, historic district
suites hotels may have full cooking facilities in units with a minimum of 400 square feet.
(3) The building shall be maintained and operated as a hotel.
(4) A minimum of 20 percent of the total gross area shall be maintained as common area,
however this requirement shall not apply to historic district suites hotels. This provision
shall not be waived or affected through the variance procedure.
(5) The building shall contain a registration desk and a lobby.
(s) Anv transient quest or occupant for a suite hotel unit must reqister at the reqistration
desk. Those transient ouest(s) or occupant(s) are prohibited from accessinq the
suite hotel unit without resistration.
(6) The building shall have central air conditioning or flush-mounted wall units; however no
air conditioning equipment may face a street, bay or ocean.
(7) The building shall not have unenclosed exterior walkways that provide access to the
units; however this requirement shall not apply to historic district suites hotels.
(8) Should the facility conved from a suites hotel to a multifamily residential building, the
minimum average unit size and all other zoning requirements for the underlying district
shall be met.
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 be and the same are hereby
repealed.
SECTION 4. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
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SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this day of
ATTEST:
PHILIP LEVINE, MAYOR
RAFAEL GRANADO, CITY CLERK
Underscore denotes new language
S+ike+tqreugh denotes de leted la n g uage
(Sponsored by Commissioner Michael Grieco)
2015.
APPROVED AS TO
FORM & TANGUAGE
A FORE)(EC{.TKN
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