HomeMy WebLinkAboutBIE - Temporary Conditional Use Regulations Commercial Districts - Second Reading BIE (12/31/2025)
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO: Mayor Steven Meiner and Members of the City Commission
FROM: Eric Carpenter, City Manager
MEETING DATE: February 5, 2026
SUBJECT: BUSINESS IMPACT ESTIMATE
TEMPORARY CONDITIONAL USE REGULATIONS IN COMMERCIAL DISTRICT S
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
“LAND DEVELOPMENT REGULATIONS,” BY AMENDING CHAPTER 2 THEREOF, ENTITLED
“ADMINISTRATION AND REVIEW PROCEDURES,” ARTICLE V, ENTITLED “REZONINGS
AND DEVELOPMENT APPROVALS,” SECTION 2.5.2, ENTITLED “CONDITIONAL USE,” BY
AMENDING SECTION 2.5.2.1, ENTITLED “PURPOSE,” TO PROVIDE FOR EXCEPTIONS
FROM CONDITIONAL USE REGULATIONS FOR CERTAIN NEIGHBORHOOD IMPACT
ESTABLISHMENTS IN DESIGNATED COMMERCIAL DISTRICTS, AND PROVIDE FOR
ADMINISTRATIVE REVIEW AND ENFORCEMENT; AND PROVIDING FOR CODIFICATION,
REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
Is a Business Impact Estimate Required?
X Yes ☐ No (If no, please check one of the boxes below)
If one or more boxes are checked below, this means the City of Miami Beach has
determined that a Business Impact Estimate for the above-referenced Ordinance is not
required by State law.
☐ The proposed Ordinance is required for compliance with Federal or State law or
regulation;
☐ The proposed Ordinance relates to the issuance or refinancing of debt;
☐ The proposed Ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget;
☐ The proposed Ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant or other
financial assistance accepted by the City;
☐ The proposed Ordinance is an emergency ordinance;
☐ The Ordinance relates to procurement; or
☐ The proposed Ordinance is enacted to implement the following:
a. Private applications for comprehensive plan amendments and land
development regulation amendments;
b. Development orders, development permits, and development agreements;
c. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
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Business Impact Estimate
Page 2
d. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
e. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
If none of the above exceptions apply, this Business Impact Estimate is hereby provided
in accordance with Section 166.041(4), Florida Statutes.
1. Summary
A summary of the proposed ordinance and its purpose is more fully set forth in the
Commission Memorandum accompanying the ordinance, as well as in the recitals
to the ordinance itself, provided at First Reading and attached hereto.
2. An estimate of the direct economic impact of the proposed Ordinance on private, for-
profit businesses in the City of Miami Beach, if any:
(a) An estimate of direct compliance costs that businesses may reasonably incur;
The proposed ordinance does not apply to existing, legally established
businesses.
(b) Any new charge or fee imposed by the proposed Ordinance or for which businesses
will be financially responsible;
The proposed ordinance does not apply to existing, legally established
businesses.
(c) An estimate of the City’s regulatory costs, including estimated revenues from any new
charges or fees to cover such costs.
The proposed ordinance would generate no more than nominal additional
regulatory costs, which may be associated with administration activities by
applicable City departments.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance:
The proposed ordinance does not apply to existing, legally established
businesses.
4. Additional comments:
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R5 AM TEMPORARY CONDITIONAL USE REGULATIONS IN COMMERCIAL
DISTRICTS
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 “LAND DEVELOPMENT REGULATIONS,” BY
AMENDING CHAPTER 2 THEREOF, ENTITLED “ADMINISTRATION AND
REVIEW PROCEDURES,” ARTICLE V, ENTITLED “REZONINGS AND
DEVELOPMENT APPROVALS,” SECTION 2.5.2, ENTITLED “CONDITIONAL
USE,” BY AMENDING SECTION 2.5.2.1, ENTITLED “PURPOSE,” TO PROVIDE
FOR EXCEPTIONS FROM CONDITIONAL USE REGULATIONS FOR CERTAIN
NEIGHBORHOOD IMPACT ESTABLISHMENTS IN DESIGNATED COMMERCIAL
DISTRICTS, AND PROVIDE FOR ADMINISTRATIVE REVIEW AND
ENFORCEMENT; AND PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY, AND AN EFFECTIVE DATE.
Applicable Area:
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Ordinances - R5 AM
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Eric Carpenter, City Manager
DATE:December 17, 2025 5:04 p.m. First Reading Public Hearing**
TITLE:TEMPORARY CONDITIONAL USE REGULATIONS IN COMMERCIAL DISTRICTS
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 “LAND DEVELOPMENT REGULATIONS,” BY
AMENDING CHAPTER 2 THEREOF, ENTITLED “ADMINISTRATION AND REVIEW
PROCEDURES,” ARTICLE V, ENTITLED “REZONINGS AND DEVELOPMENT
APPROVALS,” SECTION 2.5.2, ENTITLED “CONDITIONAL USE,” BY AMENDING
SECTION 2.5.2.1, ENTITLED “PURPOSE,” TO PROVIDE FOR EXCEPTIONS
FROM CONDITIONAL USE REGULATIONS FOR CERTAIN NEIGHBORHOOD
IMPACT ESTABLISHMENTS IN DESIGNATED COMMERCIAL DISTRICTS, AND
PROVIDE FOR ADMINISTRATIVE REVIEW AND ENFORCEMENT; AND
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN
EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission (City Commission) approve
the subject ordinance at First Reading and schedule a Second Reading public hearing for January
28, 2026.
BACKGROUND/HISTORY
On July 23, 2025, at the request of Commissioner Alex Fernandez, the Mayor and City
Commission (City Commission) referred a proposal pertaining to temporary regulations for vacant
storefronts in commercial districts (C4 J) to the Land Use and Sustainability Committee (LUSC)
and the Planning Board. On September 11, 2025, the LUSC recommended that the Planning
Board transmit an ordinance to the City Commission, with a favorable recommendation, in
accordance with the draft text in the LUSC memorandum, including a penalty provision.
ANALYSIS
The attached ordinance amends Chapter 2 of the Land Development Regulations of the City Code
(LDRs) to establish a temporary deregulation initiative that relaxes Neighborhood Impact
Establishment (NIE) thresholds for certain types of small bars, restaurants, and venues with
indoor music. This proposed time-limited initiative is intended to catalyze the reactivation of vacant
storefronts and buildings within identified commercial areas by streamlining the regulatory review
process for certain types of NIEs.
The following is a general summary of the proposed ordinance:
Boundaries
The NIE application must be located on a commercially zoned property within one of the following
geographic boundaries:
1. Washington Avenue between 5th Street and Lincoln Road.
2. Lincoln Road between Collins Avenue and Alton Road.
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3. Collins Avenue between 65th and 75th Streets.
4. 71st Street or Normandy Drive, between Collins Avenue and Rue Notre Dame.
5. 41st Street between Alton Road and Pine Tree Drive.
Eligibility
To be eligible for the relaxed NIE thresholds set forth in the ordinance, an NIE application must
comply with all of the following:
1. The application is limited to an existing building, which has a certificate of occupancy that was
issued on or before January 1, 2025.
2. The application is located within a property or unit that is not subject to an existing conditional
use permit and was not subject to a previous conditional use permit that was issued prior to
January 1, 2026.
3. No outdoor entertainment is permitted and no portion of the NIE shall be located on the top
floor of a building, whether fully enclosed, partially open, or open to the sky, including all open-
air portions above the roof top.
4. The maximum occupancy associated with the NIE shall not exceed 750 persons, as
determined by the fire marshal.
5. The NIE applicant may operate the business as a restaurant or a bar, as those terms are
defined in Chapter 1 of the LDRs, if no entertainment is provided.
6. The NIE applicant may operate the business as a restaurant supper club, as defined in
Chapter 1 of the LDRs, if only indoor entertainment is provided.
Administrative Approval and Enforcement
The Planning Department may administratively review and approve a request for an NIE that
meets the aforementioned eligibility criteria. Additionally, the BTR associated with the NIE is
subject to the enforcement requirements and procedures set forth in Section 102-381 through
102-385 of the City Code.
Sunset and Automatic Repealer
The provisions of the ordinance are limited to one year and shall sunset and stand automatically
repealed on December 31, 2026, unless extended by the City Commission.
PLANNING BOARD REVIEW
On October 16, 2025 the Planning Board reviewed the subject ordinance and continued the item
to November 4, 2025. On November 4, 2025, the Planning Board held a public hearing and
transmitted the proposed ordinance to the City Commission with a favorable recommendation (7-
0).
The Planning Board also recommended that the following notice provision be included in the
ordinance:
For a Neighborhood Impact Establishment Application (NIE application) submitted under
this section, the applicant shall mount a laminated posting, in a form prescribed by the
planning director, at the front of the property in a manner and location clearly visible from
the public right-of-way, indicating that an application for an NIE application has been filed.
At a minimum, such posting shall include a description of the application, as well as contact
information for the operator and property owner. The applicant shall provide evidence to
the planning director that the posting has been installed on site prior to the issuance of a
building permit or certificate of use for the NIE. The posting shall be for informational
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purposes only and the validity of any building permit or certificate of use shall not be
affected by any failure to mount or continuously maintain the posting.
The Administration does not recommend the inclusion of the above noted notice provision, as the
proposed ordinance is limited in duration and intended to facilitate expedited approval for eligible
establishments. However, should the City Commission elect to include this notice provision, the
ordinance can be updated for Second Reading.
FISCAL IMPACT STATEMENT
No Fiscal Impact Expected
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on:
See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
N/A
CONCLUSION
The Administration recommends that the City Commission approve the subject ordinance at First
Reading and schedule a Second Reading public hearing for January 28, 2026.
Applicable Area
Citywide
Is this a “Residents Right to Know” item,
pursuant to City Code Section 2-17?
Is this item related to a G.O. Bond
Project?
Yes No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s):
Department
Planning
Sponsor(s)
Commissioner Alex Fernandez
Co-sponsor(s)
Commissioner Tanya K. Bhatt
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Condensed Title
5:04 p.m. 1st Rdg, Temporary Conditional Use Regs in Commercial Districts. (AF/TB) PL
Previous Action (For City Clerk Use Only)
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Temporary Condit ional Use Reg ulations in Commercia l Distri cts
ORDINANCE NO. ______ _
A N ORDINANCE OF THE MAYOR AND CITY COMMISSION OF TH E CITY
OF MI AMI BEACH , FLORIDA, AMENDING THE CODE OF THE CITY O F
MIA MI BEACH , SUBPART B, ENTITLED "LAND DEVELOPMEN T
REGULATIONS," BY AMENDING CHAPTER 2 THER EOF, EN T ITLED
"ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE V ,
ENTITLED "REZONING$ AND DEVELOPMENT APPROVALS," SECTION
2 .5.2, ENTITLED "CONDITIONAL USE," BY AMENDING SECTION 2 .5.2.1,
ENTITLED "PURPOSE," TO PROVIDE FOR EXCEPTIONS FROM
CONDITIONAL USE REGULATIONS FOR CERTAIN NEIGHBORHOOD
IMPACT ESTABLISHMENTS IN DESIGNATED COMMERCIAL DIST RIC TS,
AN D PROVIDE FOR AD MI NISTRATIV E REVIEW AND EN FORCEMEN T;
A ND PROVIDING FOR CODIFICATION , REPEALER, SEVERABILI TY, A ND
AN EFFECTI VE DA TE.
WHEREAS, conditional uses are subject to the review and approval of the Planning Board
in all commercial zoning districts within the City; and
WHER EAS , the City Commission at its July 23 , 2025 meeting, at the request of
Commissioner Alex Fernandez, referred item C4 J to the Land Use and Sustainability Committee
("LUSC") and the Planning Board to consider amendments to the Land Development Regulations
("LDRs") to establish a temporary deregulation initiative to act ivate vacant retail properties and fill
spaces along commercial corr ido rs such as Lincoln Road , Washington Avenue , 71 st Street , and
Collins Avenue in North Beach ; and
WHEREAS , the LUSC at its September 11, 2025 meeting recommended favorably on the
referral item and directed the Administration to draft amendments to the LDRs to establish such
a temporary deregulation initiative ; and
WHEREAS, the Planning Board at its October 16, 2025 meeting continued the referral
item to allow staff additional time to revise the draft LO R amendments ; and
WHEREAS, the Pl anning Board recommended favorably on the revised referral item and
draft LOR amendments, with a recommended notice provision for neighboring properties , at its
November 4, 2025 meeting ; and
WHEREAS, in response to the recommendatio ns and guidance from the LUSC and the
Planning Board , staff have deve loped temporary land use incentives in the LDRs aimed at filling
vacant commercial spaces along certain commercial corridors; and
WHEREAS, this Ordinance temporarily creates exceptions to the conditional use process
for qualifying restauran t uses in defined commercial areas of the City, and provides for
administrative review and enforcement thereof; and
WHEREAS , the City Commission finds that these land use incentives will promote
desi rable activity within vacant buildings and align with the City 's planning goals.
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NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter 2 , entitled "Adm inistration and Review Procedures ," Article V, entitled
"Rezonings and Development Approvals ," Se ction 2 .5.2 , entitled "Conditional Use ," is hereby
amended as follows :
CHAPTER 2 . ADMINISTRATION AND REVIEW PROCEDURES
* * *
ARTICLE V . Rezonings and Development Approvals
* * *
2.5.2 Conditional Use
* * *
2.5.2 .1 Purpose and exceptions
a . Purpose. The purpose of this subsection is to establish a process and standards to determine
if certain uses, referred to as conditional uses, should be permitted at a given location . Special
review of conditional uses is required not only because these generally are of a public or semi-
public character and are essential and desirable for the general convenience and welfare of
the community, but also because the nature of the uses and their potential impact on
neighboring properties requires the exercise of planning judgment as to location and site plan .
!;L Exceptions .
.1. Definitions. For the purposes of this subsection, the following definitions shall apply:
A. "NIE application" means an application filed by an authorized person or
entity seeking administrative approval of a proposed Neighborhood Impact
Establishment ("NIE") for a property.
B. "NIE approval " means an administrative approval for a Ne ighborhood
Impact Establishment.
2. Criteria. Notwithstanding the applicable use regulations set forth in Chapter 7, NIEs
shall not requ ire conditional use approval from the Planning Board if the following
criteria are satisfied :
A. The NIE application is located on a commercially zoned property within one
of the following geographic boundaries:
L Washington Avenue between 5th Street and Lincoln Road:
!1. Lincoln Road between Collins Avenue and Alton Road :
!!1. Collins Avenue between 65th and 75th Streets:
rL 71 st Street or Normandy Drive, between Coll ins Avenue and
Rue Notre Dame: and
V. 41 st Street between Alton Road and Pine Tree Drive .
B . The NIE application is for an existing building, which has a certificate of
occupancy that was issued on or before January 1, 2025.
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C. The NIE application is located within a property or unit that is not subject to
an existing conditional use permit and was not subject to a previous
conditional use permit that was issued prior to January 1, 2026.
D . No outdoor entertainment is proposed .
E. No adult enterta inment is proposed, as defined in Section 1.2.2.
E. No portion of the NIE shall be located on the top floor of a building, whether
fully enclosed, partially open, or open to the sky, including all open-air
portions above the roof-top .
G. The maximum occupant load associated with the NIE shall not exceed 750
persons, as determined by the fire marshal.
.ti. The NIE applicant may operate the business as a restaurant or a bar, as
those terms are defined in Chapter 1, if no entertainment is provided . The
NIE applicant may operate the NIE as a restaurant or a restaurant supper
club, as those terms are defined in Chapter 1, if indoor entertainment is
provided .
3. Administrative approval of Neighborhood Impact Establishments. The planning
department shall administratively review NIE applications authorized under this
subsection b. For purposes of this paragraph, the application requ irement for NIE
approval shall be satisfied by the submission of a corresponding building permit
application, if required: a certificate of use application: and any other permit application
form required by the planning department. Subsequent to the issuance of a certificate
of use for an NIE authorized under this subsection b and prior to the commencement
and con tinued operation of an NIE authorized under this subsection b, the applicant
shall obtain a Business Ta x Receipt (BTR) for the NIE authorized under this subsection
~
4. Enforcement and penalties. The BTR associated with a Neighborhood Impact
Establishment approved pursuant to this section shall be subject to revocation by the
city manager in accordance with the requirements and procedures set forth in Section
102-381 through -385 of the City Code. The city manager shall be authorized to issue
a notice to the Neighborhood Impact Establishment owner and /or operator revoking
the BTR associated with the NIE approval and suspending any activities conducted in
furtherance thereof, and the NIE must immediately cease any such activities. In the
event the BTR associated with the NIE approval is revoked by the city manager, the
Neighborhood Impact Establishment may apply for conditional use approval by the
planning board .
5. Sunset and automatic repealer. Th is Subsection 2.5.2.1.b shall sunset and stand
automatically repealed on December 31, 2026, unless extended by the City
Commission as an amendment to these land development reg ulations.
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SECTION 2. REPEALER.
All ordinances or parts of ord inan ces and all sect ion and parts of sections in conflict
herewith be and the same are hereby repealed .
SECTION 3. CODIFICATION.
It is the intention of the Cit y Comm iss ion , and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of th e Cit y of Miami Beach as
amended ; that the sections of this ord inance 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, clause or prov ision of this Ordinance is held in valid , the
remainder shall not be affected by such invalidity .
SECTION 5. EFFECTIVE DA TE,
This Ordinance shall take effect ten days follow in g adoption .
PASSED AND ADOPTED this __ day of _______ , 2026 .
ATTEST :
Rafael E. Granado , City Clerk
First Reading : December 17 , 2025
Second Reading: January 28 , 2026
Verified by : __________ _
Thomas R. Mooney , AICP
Planning Director
Steven Meiner , Mayor
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
~ 12)~\~
City Attorney l)\'.:._ Date
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