SUNSET HARBOUR PROHIBITED USE REGULATIONS

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," (1) AT DIVISION 5, "CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT," SECTION 142-303, "CONDITIONAL USES" AND SECTION 142-305, "PROHIBITED USES"; AND (2) AT DIVISION 11, "1-1 LIGHT INDUSTRIAL DISTRICT," SECTION 142-483, "CONDITIONAL USES" AND SECTION 142-485, "PROHIBITED USES," TO MODIFY CONDITIONAL AND PROHIBITED USES IN THE SUNSET HARBOUR NEIGHBORHOOD, GENERALLY BOUNDED BY PURDY AVENUE, 20TH STREET, ALTON ROAD, AND DADE BOULEVARD; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.

PLANNING ANALYSIS
Certain nuisance uses such as pawnshops, souvenir and t-shirt shops, tattoo studios, fortune tellers (occult science establishments), and package liquor stores negatively impact the character of the City’s mixed-use / residential neighborhoods. These uses, which tend not to serve neighborhood residents, also hinder the development of unique experiences that residents seek. Instead, these uses detract from a neighborhood’s curb appeal, and discourage businesses that provide greater economic opportunity, such as restaurants, retail, and offices.

Residential development opportunities may also be reduced because of the negative impacts such uses would cause within the Sunset Harbor neighborhood. Some of the uses may tend to be associated with crime and inappropriate lending practices and create problems for law enforcement.

On November 18, 2020 the City Commission adopted an amendment to the Comprehensive Plan and the LDR’s that established a neighborhood identity for the Sunset Harbor neighborhood. These ordinances established regulations to formula commercial and formula restaurant establishments in Sunset Harbor, which is also intended to preserve the character of the neighborhood. The following is a summary of the intent of these amendments:

a. Support the continued development of the neighborhood with a mixed-use nature, including light industrial, artisanal retail, small-scale commercial, and residential development; and

b. Encourage the establishment of small-scale businesses and restaurants that are intended to serve the residents within the neighborhood and in surrounding neighborhoods; and

c. Foster the establishment of businesses that create unique dining, retail, and personal service experiences; and

The subject Ordinance is consistent with the provisions of the aforementioned comprehensive plan amendment as it prohibits uses that would be incompatible with the unique character of Sunset Harbor. The City is trying to encourage appropriate, neighborhood type commercial uses in the Sunset Harbor area and it is the goal of the City to continue to foster the unique neighborhood and cultural environment of Sunset Harbor.

The following are the currently prohibited uses in the CD-2 and I-I areas of Sunset Harbor:
1. Hostels;
2. Outdoor entertainment establishments;
3. Neighborhood impact establishments;
4. Open air entertainment establishments;
5. Bars;
6. Dance halls;
7. Entertainment establishments (as defined in section 114-1 of this Code).

Pursuant to the attached draft ordinance, the following are additional prohibited uses proposed for these areas in Sunset Harbor:

1. Pawnshops;
2. Tobacco and vape dealers;
3. Package liquor stores;
4. Check cashing stores;
5. Convenience stores;
6. Occult science establishments;
7. Souvenir and T-shirt shops;
8. Tattoo studios

Similar prohibitions or limitations exist along Lincoln Road and 71st Street, as well as within the Art Deco/MiMo Commercial Character Overlay District, which generally includes the Ocean Terrace area and the South Beach MXE district. The Administration is supportive of the proposed Ordinance as it furthers the goals set forth in the recent comprehensive plan amendment, as noted above.

PLANNING BOARD REVIEW
On November 17, 2020 the Planning Board held a public hearing and transmitted the Ordinance to the City Commission with a favorable recommendation by a vote of 6-0.

UPDATE
The subject Ordinance was approved at first reading on December 9, 2020, with no changes.