HomeMy WebLinkAboutOrdinance 2026-4793Temporary Conditional Use Reaulations in Commercial Districts
ORDINANCE NO 2026-4793
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.
WHEREAS, conditional uses are subject to the review and approval of the Planning Board
in all commercial zoning districts within the City; and
WHEREAS, 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 activate vacant retail properties and fill
spaces along commercial corridors 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 LDR amendments; and
WHEREAS, the Planning Board recommended favorably on the revised referral item and
draft LDR amendments, with a recommended notice provision for neighboring properties, at its
November 4, 2025 meeting; and
WHEREAS, in response to the recommendations and guidance from the LUSC and the
Planning Board, staff have developed 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 restaurant 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
desirable 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 "Administration and Review Procedures," Article V, entitled
"Rezonings and Development Approvals," Section 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.
b. 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 Neighborhood
Impact Establishment.
2. Criteria. Notwithstanding the applicable use regulations set forth in Chapter 7, NIEs
shall not require 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:
I. Washington Avenue between 5th Street and Lincoln Road;
Il. Lincoln Road between Collins Avenue and Alton Road;
III. Collins Avenue between 65th and 75th Streets;
IV. 71 st Street or Normandy Drive, between Collins 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 entertainment is proposed, as defined in Section 1.2.2.
F. 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.
H. 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.
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 requirement 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 continued operation of an NIE authorized under this subsection b, the applicant
shall obtain a Business Tax Receipt (BTR) for the NIE authorized under this subsection
b.
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. This Subsection 2.5.2.1.b shall sunset and stand
automaticallv repealed on December 31. 2026. unless extended by the Citv
Commission as an amendment to these land development regulations.
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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, 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
ATTE T:
FEB 0 9 2026
Rafael E. G4rYado, City Clerk
Verified by: �k
Thomas R. Mooney, AICP
Planning Director
Sponsored by Commissioner Alex J. Fernandez
Sponsored by Commissioner Tanya K. Bhatt
Sponsored by Commissioner Laura Dominguez
Sponsored by Commissioner Joseph Magazine
Sponsored by Commissioner Monica Matteo-Salinas
day of Fe b rW Oe 2026.
Steven Meiner, Mayor
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
►21ko lZ-4�
City Attorney Date
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T:\Agenda\2025\13 December 17, 2025\Planning\Temporary Conditional Use Regulations in Commercial Districts - First Reading
ORD.docx
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Ordinances - R5 D
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: February 5, 2026 9:25 a.m. Second 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) adopt
the ordinance.
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,
3. Collins Avenue between 65th and 75th Streets.
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4. 71 st Street or Normandy Drive, between Collins Avenue and Rue Notre Dame.
5. 41 st 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 and no adult entertainment is permitted.
4. 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.
5. The maximum occupancy associated with the NIE shall not exceed 750 persons, as
determined by the fire marshal.
6. 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.
7. 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.
UPDATE
The subject ordinance was approved at First Reading on December 17, 2025, with no changes.
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: 12/31/2025
See BIE at: https://www.miamibeachfi.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
N/A
CONCLUSION
The Administration recommends that the City Commission adopt the ordinance.
Applicable Area
Citywide
Is this a "Residents Riqht to Know" item,
pursuant to City Code Section 2-17?
Yes
Is this item related to a G.O. Bond
Proiect?
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)
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Commissioner Tanya K. Bhatt
Condensed Title
9:25 a.m. 2nd Rdg, Temporary Conditional Use Regs in Commercial Districts. (AF/TB) PL
Previous Action (For City Clerk Use Only)
First Reading Public Hearing on 12/17/2025 - R5 AM
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