Ordinance 2021-4421 Chapter 142 - MXE Use Regulations_
ORDINANCE NO. 2021-4421
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 114, ENTITLED "GENERAL PROVISIONS," AT
SECTION 114-1, ENTITLED "DEFINITIONS," TO ESTABLISH A DEFINITION
FOR EXPERIENTIAL RETAIL; BY AMENDING CHAPTER 142, ENTITLED
"ZONING DISTRICTS AND REGULATIONS," ARTICLE II, ENTITLED
"DISTRICT REGULATIONS," DIVISION 13, ENTITLED "MXE MIXED USE
ENTERTAINMENT DISTRICT," BY AMENDING SECTION 142-542, ENTITLED
"CONDITIONAL USES," TO AMEND THE LIST OF CONDITIONAL USES TO
INCLUDE -•------- •- -•- --- - = _ - -•- = ARTISANAL RETAIL
WITH OFF-SITE SALES AS AN ACCESSORY USE TO A HOTEL; AMENDING
SECTION 142-543, ENTITLED "ACCESSORY USES," TO ALLOW FOR
ACCESSORY USES SUBJECT TO THE SUPPLEMENTAL ACCESSORY USE
REGULATIONS IN SECTION 142-543.1; CREATING SECTION 142-543.1,
ENTITLED "SUPPLEMENTAL ACCESSORY USE REGULATIONS," TO
CLARIFY AND CONSOLIDATE REGULATIONS FOR ACCESSORY USES,
AND ALLOW FOR ARTISANAL RETAIL FOR ON-SITE SALES ONLY,
EXPERIENTIAL RETAIL,AND RELATED USES AS PERMITTED ACCESSORY
USES; AMENDING SECTION 142-544, ENTITLED "PROHIBITED USES," TO
PROHIBIT MEDICAL AND DENTAL OFFICES, STAND ALONE BARS, AND
RELATED USES; AND AMENDING SECTION 142-546, ENTITLED
"ADDITIONAL RESTRICTIONS FOR LOTS FRONTING ON OCEAN DRIVE,
OCEAN TERRACE AND COLLINS AVENUE," TO RENAME THE SECTION,
PROVIDE THAT COMMERCIAL USES ON ROOFTOPS SHALL BE LIMITED TO
RESTAURANTS, AND CLARIFY EXISTING REGULATIONS; AND AMENDING
ARTICLE IV, ENTITLED "SUPPLEMENTARY DISTRICT REGULATIONS,"
DIVISION 2, ENTITLED"ACCESSORY USES,"TO REPEAL SECTION 142-904,
ENTITLED "ADDITIONAL MIXED USE ENTERTAINMENT DISTRICT
REGULATIONS,"AND AMEND AND RELOCATE THE PROVISIONS THEREIN
TO SECTION 142-543.1; AND PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, properties fronting Ocean Drive and Collins Avenue that have a zoning
designation of MXE Mixed Use Entertainment are located in the Ocean Drive/Collins Avenue
Historic District, as well as the Miami Beach Architectural National Register Historic District; and
WHEREAS, Ocean Drive and Collins Avenue are two of the premier streets in Miami
Beach, which provide residents and visitors with unique cultural, retail, and dining experiences
that are vital to Miami Beach's economy, especially the tourism industry; and
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WHEREAS, in recent years, Ocean Drive and the surrounding MXE district has been
impacted by a heavy concentration of entertainment establishments which, when not properly
controlled, can negatively impact public safety and quality of life for neighboring residents; and
WHEREAS, it is the intent of the City Commission to adopt regulations that mitigate
negative impacts of these establishments on the surrounding neighborhood; and
WHEREAS, due to the advent of online retailing, economic conditions are changing,
impacting traditional retailers and transforming experiences that tourists and residents are
seeking; and
WHEREAS, the City of Miami Beach seeks to encourage uses with long-term viability, in
light of changing economic conditions, which will also serve as unique draws for tourists and
residents alike; and
WHEREAS, the City of Miami Beach has the authority to enact laws which promote
the public health, safety, and welfare of its citizens; and
WHEREAS,the amendments set forth below are necessary to 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 114, entitled "General Provisions," at Section 114-1, entitled "Definitions," of
the Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby
amended as follows:
Chapter 114. GENERAL PROVISIONS
,Sec. 114-1. Definitions.
Artisanal retail for on-site sales only shall mean a retail establishment where consumer-oriented
goods, services, or foodstuffs are produced; including, but not limited to, works of art, clothing,
personal care items, dry-cleaning, walk-in repairs, and alcoholic beverages production, for sale
to a consumer for their personal use or for consumption on the premises only. Such facilities use
moderate amounts of partially processed materials and generate minimal noise and pollution.
Artisanal retail with off-site sales shall mean a retail establishment where consumer-oriented
goods, services, or foodstuffs are produced; including, but not limited to, works of art, clothing,
personal care items, dry-cleaning, walk-in repairs, and alcoholic beverages production, for sale
to a consumer for their personal use or for consumption on the premises and concurrently for sale
to vendors and retailers off the premises. Such facilities use moderate amounts of partially
processed materials and generate minimal noise and pollution.
* * *
Experiential Retail means a retail establishment that engages the public through the use of
performing arts (including, but not limited to, music, dance and theater), visual arts (including, but
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not limited to, painting, sculpture, video and photography), culinary education, cultural education,
or other cultural offerings. Such facilities shall not include dance halls and may only serve alcohol
while cultural offerings are taking place.
Section 2. Chapter 142, entitled "Zoning Districts and Regulations," Article II, entitled "District
Regulations," at Division 13, entitled "MXE Mixed Use Entertainment District," of the Land
Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as
follows:
CHAPTER 142
ZONING DISTRICTS AND REGULATIONS
ARTICLE II. DISTRICT REGULATIONS
* * *
DIVISION 13. MXE MIXED USE ENTERTAINMENT DISTRICT
* * *
Sec. 142-541. Main permitted uses.
The main permitted uses in the MXE mixed use entertainment district are apartments;
apartment hotels, hotels, hostels, and suite hotels (pursuant to section 142-1105 of this chapter);
commercial development as specified in section 142-546, and religious institutions with an
occupancy of 199 persons or less.
Sec. 142-542. Conditional uses.
The conditional uses in the MXE mixed use entertainment district are:
(1) Major cultural dormitory facilities as specified in section 142-1332;
2) Public and private cultural institutions open to the public;
(3) Religious institutions with an occupancy greater than 199 persons;
L Banquet facilities; For purposes of this section, banquet facilities shall be defined as an
establishment that provides catering and entertainment to private parties on the premises and
are not otherwise accessory to another main use
( New construction of structures 50,000 square feet and over(even when divided by a
district boundary line), which review shall be the first step in the process before the review by
any of the other land development boards;
1) Outdoor entertainment establishment;
Neighborhood impact establishment;
23.1 Open air entertainment establishment. and
(9)EnteFtaiiiment-estaigis4mentand
,
(10)Artisanal retail with off-site sales as an accessory use to a hotel.
•
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Sec. 142-543. Accessory uses.
The accessory uses in the MXE mixed use entertainment district are as follows:
(1) Those uses permitted in article IV, division 2 of this chapter.
(2) Uses that serve alcoholic beverages are also subject to the regulations set forth in
chapter 6.
(3) Accessory outdoor bar counters, pursuant to the regulations set forth in chapter 6,
provided that the accessory outdoor bar counter is not operated or utilized between
midnight and 8:00 a.m.; however,for an accessory outdoor bar counter which is adjacent
to a property with an apartment unit, the accessory outdoor bar counter may not be
operated or utilized between 8:00 p.m. and 8:00 a.m.
(4) Oceanfront hotels with at least 100 hotel units may operate and utilize an accessory
outdoor bar counter, notwithstanding the restriction on the hours of operation, set forth
in subsection (1) of this section, provided the accessory outdoor bar counter is located
in the rear yard and set back 20 percent of the lot width (50 feet minimum) from any
property line adjacent to a property with an apartment unit thereon.
(5) Accessory uses shall be subject to the supplemental accessory use regulations in
section 142-543.1.
Sec. 142-543.1. Supplemental accessory use regulations.
() General provisions. Accessory uses in the MXE district shall comply with the following
mandatory criteria in addition to the regulations contained in sections 142-901 and 142-902:
(1) All structures shall conform to the Florida Building Code, the City's property maintenance
standards, the Florida Fire Prevention Code, and the Life Safety Code.
(2) Both existing buildings and new improvements shall be built in a manner that is
substantially consistent with the design recommendations in any applicable
neighborhood or master plan, and the Secretary of the Interior's Standards and
Guidelines for Rehabilitating Historic Structures, U.S. Department of the Interior, as may
be amended from time to time.
(3) The minimum and average unit size requirements as set forth in this article shall be
satisfied.
(4) If the building or plans do not indicate compliance with subsections (a)(1), (a)(2) and
(a)(3) of this section, then accessory uses shall not be permitted.
(b) Permitted accessory uses. The following are permitted accessory uses in the mixed use
entertainment district.
(1) Permitted accessory uses in hotels.
a. Those accessory uses that are customarily associated with the operation of a hotel,
as determined by the planning director. A hotel's total amount of retail space shall
not exceed 75 square feet per hotel unit.
b. Hotels may have offices not associated with the operation of a hotel. The floor space
associated with offices shall not exceed 35 square feet per hotel unit; provided,
however, that medical and dental offices shall be prohibited.
c. Restaurants, outdoor cafes, sidewalk cafes.
d. Solarium, sauna, exercise studio, health club or massage service which is operated
by an individual licensed by the state (if such a license is required).
e. Antiques, bookstore, art/craft galleries, artist studios.
f. Sale of alcoholic beverages pursuant to chapter 6.
q. Uses located on the porch, terrace, or patio of a building are limited to table seating
for eating and drinking establishments, which have their fixtures and cooking
facilities located in the interior of the building.
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h. The sale of cigars and cigarettes on the porch, terrace or patio of a building, or in
permitted sidewalk café areas to seated patrons, by a vendor licensed on the
premises with the consent of the restaurant and sidewalk café permittee, is
permitted provided that such sale or transaction shall only occur on such premises,
and not on other city rights-of-way. Any solicitation of passersby or obstruction of
the right-of-way shall be prohibited. Goods and merchandise transported from one
location to another shall be covered and obscured from view. Vendors shall not use
flashing lights, signs, markings, or other devices to call attention to themselves or
the goods and merchandise, and shall not otherwise violate the provisions of section
74-1 of this Code. The following civil fines and penalties shall be imposed for
violations of this subsection (b)(1)(h):
1. If the offense is the first offense, $100.00 fine.
2. If the offense is the second offense within six months of the first offense,
$250.00 fine.
3. If the offense is the third offense within 12 months of the first offense, one
seven-consecutive-day suspension.
4. If the offense is the fourth offense within 12 months of the first offense, one 30-
consecutive-day suspension.
5. If the offense is the fifth offense within 12 months of the first offense, the vendor
shall be considered a habitual offender, and the city manager shall issue an
administrative complaint for suspension or revocation of a business tax receipt
as provided in section 102-383.
For purposes of this section, suspension or revocation of a business tax receipt shall
apply to all business tax receipts held by a principal or all individuals with a
controlling financial interest in the business entity. The term "controlling financial
interest" shall mean the ownership, directly or indirectly, of ten percent or more of
the outstanding capital stock in any corporation or a direct or indirect interest of ten
percent or more in a firm.
In the event of a revocation, as a condition of being permitted to resume operation
under the business tax receipt, the city manager may impose conditions or
restrictions as deemed appropriate to assure compliance with the city code.
A vendor who has been served with a notice of violation shall be subject to
enforcement provisions as set forth in chapter 30 of the Code. If the special master
finds that a violation has occurred, the applicable penalty set forth above shall be
imposed.
L Artisanal retail for on-site sales only.
L Artisanal retail with off-site sales subject to conditional use approval.
k. Experiential retail.
(2) Permitted accessory uses in apartment buildings. The following are permitted accessory
uses in apartment buildings:
a. Office, subject to the requirement that office uses must be located at least 50 feet
from the front property line;
b. Retail;
c. Personal services; and
d. Restaurants, outdoor cafes, and sidewalk cafés with sale of alcoholic beverages
pursuant to chapter 6, with access to the street, on the first level, subterranean level
or in the highest floor of a building.
No more than 25 percent of the floor area of the subterranean and/or first level shall be
used for accessory uses unless approved by the historic preservation board.
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(3) Permitted accessory uses in apartment hotels. Apartment hotels shall be subject to the
same accessory use regulations as apartment buildings. Notwithstanding the foregoing,
apartment hotels may be subject to the same accessory use regulations as hotels if a
minimum of 75 percent of the total number of units are hotel units.
(c) Additional requirements. In addition to the regulations and accessory uses listed in
subsections (a) and (b)of this section, permitted accessory uses for properties on both sides
of Collins Avenue from Sixth to 15th Streets, on the west side of Collins Avenue from 15th to
16th Streets, and on Ocean Terrace must additionally comply with the following requirements:
a. Medical and dental offices shall be prohibited.
b. Offices are only allowed in existing structures, otherwise, they are prohibited.
c. If a building has a lobby or was originally constructed with a lobby, the lobby shall
be retained or reconstructed. Such lobby may be used for a reception area with no
partitions. Offices shall be prohibited in the lobby.
(d) No variances shall be granted from the requirements of this section.
Sec. 142-544. Prohibited uses.
The prohibited uses in the MXE mixed use entertainment district are:
(1)Accessory outdoor bar counters, except as provided in this chapter;
(2)Package stores; and package sales of alcoholic beverages by any retail store or alcoholic
beverage establishment. Additionally, entertainment uses shall be prohibited in package
stores.,.
(3)Medical and dental offices; and
(4)Stand-alone bars and stand-alone drinking establishments, unless as an accessory use
to a hotel and located within a hotel lobby.
Sec. 142-546. Additional regulations - '- - - - - - ' - - • ` ' - _ •
Terrane and Collins Avenue
(a) In the MXE mixed use entertainment district,.permitted uses .• - •- - - - - -- ••
_ _ e. _ _ _ _ _ -e A -- _ _. - - -- _ _ - - -- shall comply with
the following regulations:
(1) Sidewalk café permits shall only be permitted for restaurants and cafes with full kitchen
facilities.
(2) Alcoholic beverage establishments with sidewalk café permits shall only serve alcoholic
beverages at sidewalk cafés during hours when food is served in the restaurant and shall
not be permitted to have outdoor speakers anywhere within the public right of way.
(3) Commercial uses on rooftops shall be limited to restaurants only and shall only be
permitted in accordance with the following
a. The building shall be fully renovated including all guest rooms.,
b. The building shall have central air conditioning or flush-mounted wall units; however,
no air conditioning equipment may face a street;
c. All non-impact resistant windows and doors shall be replaced with impact resistant
windows and doors;
d. Any contributing building shall be renovated in accordance with the Secretary of
Interior's Standards for Rehabilitation, including public interior spaces.
(4) Buildings existing as of October 1, 1989 with two stories or less fronting on Ocean Drive
or Ocean Terrace may contain offices, retail, personal service, food service
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establishments,food service establishments serving alcohol, and residential uses or any
combination thereof.
(5) The entire building shall be substantially renovated and comply with the South Florida
Building Code, Fire Prevention safety Code, Life Safety Code, and the City's property
maintenance standards. If the building is a historic structure, the plans shall substantially
comply with the Secretary of the Interior Standards and Guidelines for Rehabilitating
Historic Structures, U.S. Department of the Interior(revised 1983), as amended.
(6) The bBuildings fronting on Collins Avenue from Sixth Street to 16th Street may contain
offices, retail,food service establishments,personal service,food service establishments
serving alcohol, - -- - - e" - - - - - e . - •• -- , and residential uses or any
combination thereof. -- -- _ - .-• - - e" - •• --
this requirement is granted.
program as set forth in chapter 130, article V, where applicable under the regulations
contained therein
(7) No existing building, constructed prior to December 31, 1966, shall be internally
reconstructed to change the number of stories except that 20 percent of each floor plate
may be removed to create an open area or atrium.
(8) For existing buildings with two stories or less fronting on Ocean Drive or Ocean Terrace,
the addition of a story shall require that commercial uses comply with all provisions of
section 142-904 for accessory uses. For purposes of example only, in buildings
described in the foregoing sentence, the existence of commercial uses on the ground
floor which exceed 25 percent of the floor area shall not, upon the addition of one story,
be deemed grandfathered in, and the percentage of commercial uses on the ground
floor, upon the addition of one story, must comply with the requirements of section 142-
9041, except if a variance is granted.
(9) No variances shall be granted from the requirements of this section 142-546, except as
I 4 _
(b) Speaker regulations - - - - - ..". • ! .
(1) Commercial establishments fronting on Ocean Drive, except retail establishments, may
only place or install outdoor speakers within 20 feet of the property boundary facing
Ocean Drive or a side street, if such speakers are played at ambient levels.
(2) Retail establishments fronting on Ocean Drive shall be prohibited from placing or
installing speakers outdoors. Any music played indoors at retail establishments fronting
on Ocean Drive must be inaudible from the exterior of the premises at all times.
(3) No variances shall be granted from the requirements of this section 142-546(b).
(c) Penalties and enforcement.
(1) A violation of subsection (b) shall be subject to the following civil fines and penalties:
a. If the violation is the first violation, a person or business shall receive a written
warning or a civil fine of$250.00;
b. If the violation is the second violation within the preceding 12 months, a person or
business shall receive a civil fine of$1,000.00;
c. If the violation is the third violation within the preceding 12 months, a person or
business shall receive a civil fine of$2,000.00;
d. If the violation is the fourth violation within the preceding 12 months, a person or
business shall receive a civil fine of$3,000.00; and
e. If the violation is the fifth or subsequent violation within the preceding 12 months, a
person or business shall receive a civil fine of$5,000.00, and the city shall suspend
the business tax receipt.
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(2) Enforcement. The code compliance department shall enforce this section. This shall
not preclude other law enforcement agencies from any action to assure compliance with
this section and all applicable laws. If a violation of this section is observed, the
enforcement officer will be authorized to issue a notice of violation. The notice shall
inform the violator of the nature of the violation, amount of fine for which the violator is
liable, instructions and due date for paying the fine, that the violation may be appealed
by requesting an administrative hearing before a special master within ten days after
service of the notice of violation, and that the failure to appeal the violation within ten
days of service shall constitute an admission of the violation and a waiver of the right to
a hearing.
(3) Rights of violators; payment of fine; right to appear; failure to pay civil fine or to appeal;
appeals from decisions of the special master.
a. A violator who has been served with a notice of violation must elect to either:
i. Pay the civil fine in the manner indicated on the notice of violation; or
ii. Request an administrative hearing before a special master to appeal the notice
of violation, which must be requested within ten days of the service of the notice
of violation.
b. The procedures for appeal by administrative hearing of the notice of violation shall
be as set forth in sections 30-72 and 30-73 of this Code. A request for administrative
hearing must be accompanied by a fee as approved by a resolution of the city
commission, which shall be refunded if the named violator prevails in the appeal.
c. If the named violator, after issuance of the notice of violation, fails to pay the civil
fine, or fails to timely request an administrative hearing before a special master, the
special master may be informed of such failure by the code compliance officer. The
failure of the named violator to appeal the decision of the code compliance officer
within the prescribed time period shall constitute a waiver of the violator's right to an
administrative hearing before the special master, and shall be treated as an
admission of the violation, for which fines and penalties shall be assessed
accordingly.
d. A certified copy of an order imposing a fine may be recorded in the public records,
and thereafter shall constitute a lien upon any real or personal property owned by
the violator, which may be enforced in the same manner as a court judgment by the
sheriffs of this state, including levy against the violator's real or personal property,
but shall not be deemed to be a court judgment except for enforcement purposes.
On or after the 61st day following the recording of any such lien that remains unpaid,
the city may foreclose or otherwise execute upon the lien.
e. Any party aggrieved by a decision of a special master may appeal that decision to
a court of competent jurisdiction.
f. The special master shall be prohibited from hearing the merits of the notice of
violation or considering the timeliness of a request for an administrative hearing if
the violator has failed to request an administrative hearing within ten days of the
service of the notice of violation.
g. The special master shall not have discretion to alter the penalties prescribed in
subsection (c)(1).
Section 46-151 et seq. establishes noise exceptions for a specific area as described in
those sections.
Section 3. Chapter 142, entitled "Zoning Districts and Regulations," Article IV, entitled
"Supplementary District Regulations," Division 2, entitled "Accessory Uses," at Section 142-904
of the Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby
amended as follows:
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3. If the offense is the third offense within 12 months of the first offence, one
•
consecutive day suspension
license and certificate of use as provided in section 102 383.
- -- •• • ' -- - •• " • - - " •- --
firm,
•• -- • - - - I e .._.
• - . .
--- - •- - - - •- -- , - - - -- -- - - .e -- _ •• --
front property line.
b. Restaurants, outdoor cafes, sidewalk cafés with sale of alcoholic beverages as per
article V, division 4 of this chapter.
c. Solarium, sauna, exercise studio, health club or massage service by an individual
licensed by the state or other appropriate agencies.
acces„ory use regulations as hotels if a minimum of 75 percent of the total number of
units-are-hotel-units,
(c) Additional requirements. In addition to the regulations and accessory uses listed in
the following:
._ . . . . . -_ -
a--O#isc., that arc medical or dental related are prohibited.
-- • - - I I I -
c. If a lobby is present or was originally constructed it shall be retained or reinstated.
not permitted in the lobby
d. Commercialises, apartments, or hotel units either as a main permitted use or in
any combination
(2) Permitted accevsory uses for properties that front on Ocean Terrace:
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a. Commercial-uses.
(0-1\h of this+ sestian
SECTION 4. 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 5. 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 6. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 7. EFFECTIVE DATE,
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this a day of Pah/ , 2021.
ATTEST:
ca/24LI Dan Gelber, Mayor
Raf el . ranado, City Clerk
APPROVED AS TO FORM AND
LANGUAGE AND FOR EXECUTION
First Reading: April 21, 2021
Second Reading: ay 12, 2021
City Attorney �kDate
Verified by: %j
Thomas R. Mooney, A CP "
Planning Director
T:Wgenda\2021\7_May 12\Planning\Chapter 142 MXE Use Regulations-Second Reading ORD.docx .1I+CORP 0!'v1TED
11
Ordinances -R5 L
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: May 12, 2021
5:01 p.m. Second Reading Public Hearing
SUBJECT:CHAPTER 142 - MXE USE REGULATIONS
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 114, ENTITLED "GENERAL
PROVISIONS," AT SECTION 114-1, ENTITLED "DEFINITIONS," TO
ESTABLISH A DEFINITION FOR EXPERIENTIAL RETAIL; BY AMENDING
CHAPTER 142, ENTITLED "ZONING DISTRICTS AND REGULATIONS,"
ARTICLE II, ENTITLED "DISTRICT REGULATIONS," DIVISION 13,
ENTITLED "MXE MIXED USE ENTERTAINMENT DISTRICT," BY
AMENDING SECTION 142-542, ENTITLED "CONDITIONAL USES," TO
AMEND THE LIST OF CONDITIONAL USES TO INCLUDE
• - = - • • ' ARTISANAL RETAIL WITH OFF-
SITE SALES AS AN ACCESSORY USE TO A HOTEL; AMENDING
SECTION 142-543, ENTITLED "ACCESSORY USES," TO ALLOW FOR
ACCESSORY USES SUBJECT TO THE SUPPLEMENTAL ACCESSORY
USE REGULATIONS IN SECTION 142-543.1; CREATING SECTION 142-
543.1, ENTITLED "SUPPLEMENTAL ACCESSORY USE REGULATIONS,"
TO CLARIFY AND CONSOLIDATE REGULATIONS FOR ACCESSORY
USES, AND ALLOW FOR ARTISANAL RETAIL FOR ON-SITE SALES
ONLY, EXPERIENTIAL RETAIL, AND RELATED USES AS PERMITTED
ACCESSORY USES; AMENDING SECTION 142-544, ENTITLED
"PROHIBITED USES," TO PROHIBIT MEDICAL AND DENTAL OFFICES,
STAND ALONE BARS, AND RELATED USES; AND AMENDING SECTION
142-546, ENTITLED "ADDITIONAL RESTRICTIONS FOR LOTS
FRONTING ON OCEAN DRIVE, OCEAN TERRACE AND COLLINS
AVENUE," TO RENAME THE SECTION, PROVIDE THAT COMMERCIAL
USES ON ROOFTOPS SHALL BE LIMITED TO RESTAURANTS, AND
CLARIFY EXISTING REGULATIONS; AND AMENDING ARTICLE IV,
ENTITLED "SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 2,
ENTITLED "ACCESSORY USES," TO REPEAL SECTION 142-904,
ENTITLED "ADDITIONAL MIXED USE ENTERTAINMENT DISTRICT
REGULATIONS," AND AMEND AND RELOCATE THE PROVISIONS
THEREIN TO SECTION 142-543.1;AND PROVIDING FOR CODIFICATION,
REPEALER, SEVERABILITY,AND AN EFFECTIVE DATE.
Page 415 of 859
RECOMMENDATION
The Administration recommends that the City Commission adopt the subject Ordinance.
BACKGROUND/HISTORY
HISTORY
On July 29, 2020, the City Commission referred the following items to the Land Use and
Sustainability Committee (LUSC):
1. Item C4I, sponsored by Mayor Dan Gelber and co-sponsored by Commissioner Steven
Meiner: Discussion pertaining to Land Use Regulations specific to Ocean Drive and the Mixed-
Use Entertainment(MXE)Area.
2. Item C4J, sponsored by Commissioner RickyArriola: Discussion pertaining to the prohibition
of stand-alone bars on Ocean Drive.
At the time of referral, the City Commission requested that these items, as well as a more
global discussion on Ocean Drive and the surrounding area, be discussed at a special
workshop of the LUSC on or before September 18, 2020. The special workshop of the LUSC
was held on September 17, 2020.
On October 14, 2020, at the request of Mayor Dan Gelber, the City Commission referred draft
ordinances to the Land Use and Sustainability Committee (LUSC) and the Planning Board
(item C4I). These ordinances were part of the recommendations presented at the special
workshop of the LUSC on September 17, 2020.
On November 24, 2020 the LUSC discussed the draft ordinances and continued the matter to
the January 2021 LUSC meeting, with the following direction:
1. Refer all of the proposed ordinances to the City Commission workshop scheduled for
December 4th, , 2020.
2. Obtain feedback on the proposed amendments from the City's Ocean Drive consultant,
Zyscovich.
On January 20, 2021 the item was deferred to the February 17, 2021 LUSC, to allow time for
input from Zyscovich and the Mayor's Art Deco Cultural District (ADCD) Panel. The
Administration has met with Zyscovich and presented the Chapter 142 LDR Amendment
proposal to the panel on January 22, 2021. The panel members indicated that they would like to
review the proposal in more detail and would provide specific comments and recommendations
at their February 12, 2021 meeting.
On February 12, 2021, the Mayor's ADCD Panel endorsed the proposals in the draft
ordinance, with the exception of the proposal to require all indoor entertainment establishments
to obtain a CUP. On February 17, 2021, the LUSC discussed the proposed ordinance
pertaining to Chapter 142 MXE use regulations and recommended the following:
Page 416 of 859
1. Approval of the Ordinance pertaining to Chapter 142 MXE regulations, except for the
proposal to require a CUP for all indoor entertainment establishments.
2. In accordance with the recommendation of the Mayor's Art Deco Cultural District Panel's, the
LUSC recommends that the proposal to require a CUP for all indoor entertainment
establishments with an occupational content of less than 200 persons not move forward.
3. The Administration shall study potential options for expediting the CUP process and bring
back specific recommendations at the upcoming March or April LUSC meeting.
BACKGROUND
The MXE district regulations were developed in the early 1980s, as part of the first master plan
for Ocean Drive from 5th to 15th Streets. These regulations were intended to incentivize the
replacement of dated apartment regulations with active uses that incentivized hotel uses. In
addition to the code regulations adopted, the physical make-up of the street was modified
dramatically by introducing wider sidewalks and significantly improving Lummus Park.
These City sponsored changes coincided with the placement of the Miami Beach Architectural
District on the National Register of Historic Places in 1979. The placement of the Architectural
District on the National Register was significant, because at that time it was the first National
Register nomination consisting solely of 20th century architecture. More importantly, the
National Register nomination set forth a path leading to local historic designation and the
creation of a unique brand for Miami Beach, which is still known worldwide today.
The original intent of the MXE district regulations was to foster the renovation, restoration and
preservation of the historic buildings in the district. Café, entertainment, restaurant and retail
uses were required to be accessory to hotel or residential uses. Exceptions to this were made
for buildings fronting Collins Avenue, as well as buildings that were two (2) stories or less on
Ocean Drive. The widening of the sidewalk provided an opportunity for sidewalk seating to
engage and interact with seating on private property and become a mechanism for people
watching and experiencing the architecture of the district, as well as the natural environment
across the street in Lummus Park.
While exceeding expectations, over the past decade Ocean Drive, and the larger MXE district,
have experienced increasing challenges associated with alcoholic beverage and entertainment
uses, all of which were intended to be subordinate to the main use of residential or hotel. To
rediscover the beauty and intent of the National Register Architectural District, a re-focus on
district priorities is recommended. This will entail a multi-prong approach, including updating
regulations, incentivizing a renaissance of the original plan for Ocean Drive, stepping up
enforcement, and creating ways to balance vehicular and pedestrian mobility.
In early August 2020, the administration convened a working group of internal staff to take a
comprehensive look at all aspects of Ocean Drive and the larger MXE district. This working
group included key staff from the City Manager's Office, Economic Development, Police, Fire,
Planning, Transportation, Public Works, Tourism and Culture, Parking and Communications.
This working group put together a comprehensive analysis and draft visioning for Ocean Drive
titled "The Art Deco Cultural District Reimagined". Collectively, the purpose of the
Page 417 of 859
recommendations is not to curate taste, cuisine or entertainment, but to revitalize the district and
recapture its successful foundation as an Architectural District.
The following are the specific strategies that resulted from the working group, in addition to the
legislative referrals from the July 29, 2020 City Commission meeting:
1. Safety/Security
2.Activation
3. Target Industries/Incentives
4. Branding
5. Transportation/Transit
6. Zoning Amendments (Including July 29, 2020 Commission Referrals)
The concept behind these strategies is to establish a foundation of information to allow for more
detailed planning efforts needed to address the district, and potentially beyond. Each of these
strategies, all of which have short- and long-term recommendations, were discussed at length
during the September 17,2020 LUSC workshop.
ANALYSIS
PLANNING ANALYSIS
Most of the revisions proposed in the attached draft amendment to chapter 142 are for
clarification and clean-up purposes. The following substantive changes are proposed:
• CUP Review for ALL Indoor Entertainment— Currently, venues with indoor entertainment do
not require Planning Board CUP review if the occupational content is less than 200 persons.
The proposal herein would require that such establishments obtain a CUP.
• Prohibition of Future Stand-Alone Bars / Drinking Uses — In order to minimize the negative
impacts created by alcoholic beverage establishments, the proposed amendment limits these
uses to serving as accessory a restaurant use, wherever possible.An exception to this would
be interior hotel lobby bars.
• Rooftop Uses — Commercial rooftop uses shall be limited to restaurant use. This shall not
preclude the use of the roof top for residential, office or hotel guest amenities. Additionally,
commercial roof top uses would only be permitted if minimum benchmarks are satisfied.
• Artisanal Retail and Experiential Retail as Accessory Uses - With rapid changes occurring in
the retail sector, many people are seeking out new and interesting experiences when they visit
an area that they cannot find locally. This especially includes seeking unique, locally produced
goods at the source. In order to allow for this, there would need to be a blending of retail with
low intensity industrial production, known as artisanal retail. Microbreweries are the most popular
form of artisanal retail; however, there are others which produce consumer-oriented goods,
food, works of art, clothing, personal care items, and others. In such establishments the goods
Page 418 of 859
are produced and sold on-site to retail customers. Such uses may create a new and exciting
attraction for Ocean Drive, while creating jobs. People are also seeking unique experiences
related to art and interactivity as part of the retail experience. This can include people interacting
with art, multimedia, incorporating lessons and lectures, and many other creative features. Due
to the methods of construction of some of the historic buildings, it may be difficult for them to be
retrofit to accommodate such uses in certain buildings; however, where they can be
accommodated, they would provide a great benefit for the area.
The Administration believes the proposed modifications are an important component within the
larger, comprehensive strategy to address the issues with the MXE district. As such it is
recommended that the Ordinance be approved.
PLANNING BOARD REVIEW
On March 23, 2021, the Planning Board held a public hearing and transmitted the Ordinance to
the City Commission with a favorable recommendation by a vote of 7-0.
UPDATE
The subject Ordinance was approved at First Reading on April 21, 2021, without the provision
requiring CUP approval for indoor entertainment establishments with an occupational content of
less than 200 persons. The Ordinance for Second Reading has been revised to reflect this
change.
SUPPORTING SURVEY DATA
Improvements to Historic Districts
CONCLUSION
The Administration recommends that the City Commission adopt the subject Ordinance.
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.O.
to Know" item.pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Planning
Sponsor
Mayor Dan Gelber
ATTACHMENTS:
Description
❑ Ordinance
❑ Ad
Page 419 of 859
❑ Ad
Page 420 of 859
18NE I NEIGHBORS f I SUNDAY APRIL 42001
CITY OF MIAMI BEACH CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS NOTICE OF PUBLIC HEARING
APRIL 21,2021 ORDINANCE AMENDING
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NOTICE KREMS),GIVER rut W Vinson INWSWAni scA be sow sy wNrp 5.6 Ory carlVloesrs 5,• a 4WD.BaaA,kdw,o-,Are 71.pit a quorum it the City Caromuian wit be physically present r a h ereSy distanced manner at the Cemendan Center,wide
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Page 432 of 859
•
ZONE I NEIGHBORS I I SUNDAY MAY 22021
CITY OF MIAMI BEACH
- NOTICE OF PUBLIC HEARING
ORDINANCE AMENDING CHAPTER 142-
MIXED USE ENTERTAINMENT DISTRICT(MXE)
USE REGULATIONS
' )= 4 ` _ ( ' -' MAY 12,2021 CITY COMMISSION MEETING
On May 12,2021,the CAR al Miami Beach will host a Hybrid Commission Meeting.During the Hybrid Cemmisdan Meeting,a
quorum of the City Commission vAl be physically present in a socially distanced manner at the Commission Chamber,Miami Beach
CUE Hall,while staff,applicants,and the public aTend the meeting virtually.This Meeting is being held as a Hybrid Meeting,in
complian:ynth Resolution Na.2O20-31474,to comply with social distancing recommendations intended to plated the lib and safely
of individuals en the community during the Caronavirus/COVID-t9 pandemic Members of the public may comment on any ben en the
agenda using the Zoon platform.To participate or provide comments virtual y,the public may loin the City Commission Meeting at
hTpc/(miambeachl pov.tdam,us/j/81392857571;or via telephone at 1.301.715.8592(U.S.)or 1.888.475.4499(Toll Free).
Weiner 10:81392857671x.Members of the public wanting to speak on an Item during the meeting,are required to dick the"raise
hand'icon it using the loom app or press'9 on the telephone to raise their hand.Members of the public who do eel nave access
to a computer and wish to provide public comment at the Commission Meeting may appear in-person at Miami Beach City Ball,
1700 Convention Center Drive,1st Hod Breeaeway,Miami Beach,FL 33139.At this location,members of the public will be presided
access to a conpurer to provide public comment(only in audio form)on agenda Item(s).
NOTICE IS HEREBY GIVEN That the foaming PLUM Hearing will be heard by the Mayor and City Commissioners at the City a!
Miami Beach,Fk ida,of May 12,2021 at 5:01 rya,or as soon!hereafter as the maser un be heard
6:01 a.m.Secant SIIIIBe PuhBcHearted
CHAPTER 142-MXE USE REGULATIONS
AN ORDINANCE OF THEMAYOR ANO CRY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,AMENDING THE CODE OF THE
CITY OF MIAMI BEAN,SUBPART B,ENTITLED,-LAND DEVELOPMENT REGULATIONS,"BY AMENDING CHAPTER 114,ENTITLED
'GENERAL PROVISIONS;'AT SECTION 114-I,ENTITLED'DEFINITIONS,'TO ESTABLISH A DEFINITION FOR EXPERIENTIAL
RETAIL;BY AMENDING CHAPTER 142,ENTITLED"ZONING DISTRICTS AND REGULATIONS;ARTICLE II,ENTITLED'DISTRICT
REGULATIONS;0M5I0N 13,ENTITLED'MXE MIXED USE ENTERTAINMENT DISTRICT,'BY AMENDING SECTION 142.542,
ENTITLED"CONDITIONAL USES,'TO AMEND THE LIST OF CONDITIONAL USES TO INCLUDE ENTERTAINMENT ESTABLISHMENT
AND ARTISANAL RETAIL WITH OFFSITE SALES AS AN ACCESSORY USE TO A HOTEL;AMENDING SECTION 142-543,ENTITLED
'ACCESSORY USES."TO ALLOW FOR ACCESSORY USES SUBJECT TO THE SUPPLEMENTAL ACCESSORY USE REGULATIONS IN
_ SECTION 142.543,1;CREATING SECTION 142-543.1,ENTITLED'SUPPLEMENTAL ACCESSORY USE REGULATIONS;TO CLARIFY
" - AND CONSOLIDATE REGULATIONS FOR ACCESSORY USES.AND ALLOW FOR ARTISANAL RETAIL FOR ON-SITE SALES ONLY,
EXPERIENTIAL RETAIL,AND RELATED USES AS PERMITTED ACCESSORY USES;AMENDING SECTION 142-544,ENTITLE°
'PROHIBITED USES,'TO PROHIBIT MEDICAL ANO DENTAL OFFICES.STAND ALONE BARS,AND RELATED USES;AND AMENDING
SECTION 144546,ENTITLED-AOOIOONAL RESTRICTIONS FOR LOTS FRONTING ON OCEAN DRIVE,OCEAN TERRACE AND
CCWNS AVENUE,'TO RENAME THE SECTION,PROVIDE THAT COMMERCIAL USES ON ROOFTOPS SHALL BE LIMITED TD
RESTAURANTS,AND CLARIFY EXISTING REGULATIONS;AND AMENOING ARTICLE IV,ENTITLED'SUPPLEMENTARY DISTRICT
REGULATIONS;OMSION 2,ENTITLED'ACCESSORY USES,'TO REPEAL SECTION 142404,ENTITLED'ADDITIONAL MIXED USE
ENTERTAINMENT DISTRICT REGULATIONS,"AND AMEND AND RELOCATE THE PRDNSIONSTHEREIN TO SECTION 142.543.1;AND
PROMISING FOR C00IFICATION,REPEALER,SEVERABILITY,ANO AN EFFECSVECATE.This Ordnance is being hears/militant to
izr Sateen 14164eftlre Cdyr Land Development Code.Tnquaies may be directed to the Planning Department ac 305.673.7550.
1.1eightos1134tkonbara INTERESTED PARTIES are invited to lake part in this meeting or be represented by an agent.The public may submit widten
cmnmenls by sending an email a:GtyClerk@miamlbeaUfl.gw by 5:00 p.m.the day before the City Commission Meeting.
_ Please identify the Agenda Item Number N the email subject Me.Em ails received wig be forwarded to the Mayor and Commissbners
w..rquw+ rro.
arr1 .. and will be included as a part of the meeting record.
Copies a!Agenda Items are available for public inspection at haps//wwx.miarribeachitgw/otyhalVcilyclerk/agenda-ardnve-
mainpagei(.This meeting,or any Item therein,may be continued,and under such circumstances,additional legal notice need not
DONATE NOW! _ be prawded.
Posuant to Section 286.0105.Fla.Stat..the City hereby advises the public that i1 a person decides to appeal any decision nude
114ncioncte to 41444 by the City Commission with respect to any matter considered at its meeting or its hearing,such person must ensure that a verbatim
retard al Cu proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based.This notice
does:of constitute consent by the City far the introduction or admission in otherwise inadmissible or 6retevant evidence,ad does it
authorhe challenges es appeals not otherwise allowed by law.
Help us keep the giving going with a donation at io request Nis material in alternate!mina!,sign language interpreter(True-dap notice required),information an access for
�i y , -3;'• r_r _:' 1"d e� i' persons with disablbes,and/or any accarnmodadan to renew any document or participate in any Caysponsored domes/mos,
call 305.604.2489 and select tier English or 2 lot Spanish,then option B;OTY users maycallvia 711(Florida RelaySenice).
The City Commission Meeting will be broadcast Eve an Miami Beach TV(MBTV),viewable on the City's website at
Calf Neighbors 4 Neighbors at 305.597.4404 or watch hltpi.,www.miamibeachll.gw(gerernmenl/mhta/,as well as an Atlantic Broadband Cable channel 660,AT&T Dverse channel 99,
and for more. Hotwtre Communications channel 395,and ROKU device an PEON channel,and an social media al hrtos:(/www.faceboek.cam/
2x� dyolmramibeach
A Community Service of MitunniHctatO In partnership with CBS4 BEACH Rafael E.Granada,City Clerk
CNldrtrta City of Miami Beach
ServicesCRyderk@mlamlbeaehRges
305.673.7411
.. - Ah 05122021-03
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