PROHIBITED USES ALONG 71ST STREET AND NORMANDY DRIVE

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," SECTION 114-1, ENTITLED "DEFINITIONS," BY DELETING THE DEFINITIONS FOR "ADULT CONGREGATE LIVING FACILITY" AND "ADULT CONGREGATE LIVING FACILITY UNIT," AND BY CREATING A DEFINITION FOR "PERSONAL SERVICE ESTABLISHMENT"; AND BY AMENDING CHAPTER 142, ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, ENTITLED "DISTRICT REGULATIONS," DIVISION 5, ENTITLED "CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT," AND DIVISION 21, ENTITLED "TOWN CENTER-CENTRAL CORE (TC-C) DISTRICT," TO AMEND THE PROHIBITED USE REGULATIONS; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, 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 affect the character of neighborhoods in a negative way, as they detract from the experience that tourists and residents are seeking. Businesses which provide greater economic opportunity, such as restaurants, retail, and offices are detracted because of the negative curb appeal created by the aforementioned uses. Residential development opportunities may also be reduced because of the negative connotations created by such uses.

The City is trying to encourage revitalization of the North Beach area. It is the goal of the City to create an area for residents to live, work, and play, in addition to providing for economic development. In order to enhance the conditions for such revitalization, it is beneficial that the aforementioned uses not be permitted in the area.

Recently, legislation was adopted by the City Commission prohibiting tobacco/vape dealer uses along 41st Street and Lincoln Road. In order to preserve and enhance the retail and pedestrian character of 71st Street and Normandy Drive in the RM-3, TC-C and CD-2 districts, the LUDC held a discussion on September 18, 2019, pertaining to a similar ordinance for areas within North Beach. The LUDC recommended that the following uses be prohibited within the TC-C district, as well as the CD-2 district along Normandy Drive:

1. Tobacco and vape dealers;

2. Package liquor stores;

3. Check cashing stores;

4. Occult science establishments;

5. Tattoo studios.

Similar prohibitions or limitations exist along Lincoln Road and within Art Deco/MiMo Commercial Character Overlay District, which generally includes the Ocean Terrace area and the South Beach MXE district. The attached draft ordinance contains the prohibitions within the applicable districts.

The subject ordinance also amends the definition of personal service and creates a definition for personal service establishment. The current definition for personal service in chapter 114 of the Land Development Regulations of the City Code is as follows:

Personal service means any services in addition to housing and food service, which include, but are not limited to, personal assistance with bathing, dressing, ambulation, housekeeping, supervision, emotional security, eating, supervision of self-administered medications, and assistance with securing health care from appropriate sources.

This definition, which has been in the City Code since 1989, was originally drafted to define personal services associated with adult living facilities and nursing homes. Following the adoption of Ordinance No. 2018-4170, which set forth comprehensive regulations pertaining to assisted living and medical uses in the City, regulations on adult living facilities and nursing homes were consolidated. Because the term “personal service” is now referenced in the definitions for Hospital and Assisted Living Facility, in the context of the specialized use regulations for assisted living and medical uses, it is appropriate to retain and amend the current definition for “personal service,” and create a new definition for “personal service establishment.”

In this regard, the definition of personal service is amended slightly, by clarifying that it is only applicable to assisted living facilities as defined in Article 5, Division 2 of Chapter 142. Additionally, in order to define the types of uses that comprise a personal service establishment outside of the medical realm, a new definition has been proposed in the attached draft ordinance. The proposed new definition in chapter 114 addresses the types of personal services typically permitted as both accessory and main permitted uses in commercial and multi-family zoning districts as follows:

Personal service establishment means a licensed establishment providing non-retail, non-medical services, for persons, such as pedicures, manicures, hair styling, barber services, massages, facials, tailoring services, and similar person-oriented services, as determined by the planning director.

Lastly, the ordinance deletes the terms “adult congregate living facility” and “adult congregate living facility unit,” as these terms are no longer used by the State of Florida for licensure purposes.

PLANNING BOARD REVIEW
On November 19, 2019, the Planning Board held a public hearing and transmitted the following ordinances to the City Commission with a favorable recommendation by a vote of seven to zero (7-0):

1. PB19-0327: Definition of Personal Service Establishment.

2. PB19-0328: Prohibited Uses Along 71st Street and Normandy Drive.

As recommended by the Planning Board, both ordinances have been combined into a single ordinance, which is attached.

UPDATE

The subject ordinance came before the City Commission on January 15, 2020 and was deferred to February 12, 2020, due to the length of the agenda. On February 12, 2020 the City Commission approved the subject ordinance at first reading with no changes.  The item was deferred at the March 18, 2020 and April 22, 2020 City Commission meetings.