R5AM - Allow Exceptions to Conditional Use Regs

Ordinances - R5 AM

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:

COMMISSION MEMORANDUM

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.

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 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

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)

Condensed Title

5:04 p.m. 1st Rdg, Temporary Conditional Use Regs in Commercial Districts. (Fernandez) PL