CHAPTER 46 - NOISE EXEMPTIONS

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ENVIRONMENT," BY AMENDING ARTICLE IV, ENTITLED "NOISE," BY AMENDING SECTION 46-157, ENTITLED "EXEMPTIONS," TO MODIFY IDENTIFIED EXEMPTIONS FROM THE PROHIBITION ON UNNECESSARY AND EXCESSIVE NOISE SET FORTH IN SECTION 46-152; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.

At the request of Mayor Dan Gelber, the attached Ordinance has been placed on the April 21, 2021 City Commission meeting agenda for First Reading.

On July 29, 2020, the City Commission referred a discussion item to the Land Use and Sustainability Committee (“LUSC”) pertaining to land use regulations specific to Ocean Drive and the Mixed-Use Entertainment (MXE) Area (item C4I). This item was sponsored by Mayor Dan Gelber and co-sponsored by Commissioner Steven Meiner.

A previous amendment to Chapter 46, Article IV of the City Code (the “Noise Ordinance”), was discussed at a special workshop of the LUSC on September 17, 2020, as part of a global discussion on Ocean Drive and the surrounding area. The amendment was drafted to repeal the current exemption for properties along Ocean Drive between 9th Street and 11th Street. On October 20, 2020, the LUSC discussed the Ordinance and recommended that the City Commission not move forward with the proposal.

Following the October 20, 2020 LUSC meeting, the Ordinance was amended at the request of the sponsor. On January 13, 2021, the City Commission adopted Ordinance No. 2021-4389, which amended the list of exemptions in Section 46-157 from the prohibition on “unnecessary and excessive noises” in the Noise Ordinance, to provide that “live or amplified music projecting east of the east property line from each property from 9th Street to 11th Street on the west side of Ocean Drive shall only be exempt from the prohibition on unnecessary and excessive noises . . . between the hours of 7:00 a.m. and 2:00 a.m. each night.”

ANALYSIS

The Noise Ordinance, at Section 46-152 of the City Code, prohibits “unreasonably loud, excessive, unnecessary or unusual noise,” except as provided in Section 46-157, entitled “Exemptions.” The attached Ordinance amends Section 46-157 to repeal the noise exemption for live or amplified sound projecting eastward of the east property line from each property from 9th Street to 11th Street on the west side of Ocean Drive.

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 has been 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.

The purpose of this amendment to the Noise Ordinance is to further reduce negative impacts of noise along Ocean Drive. Additionally, the amendment is intended to re-direct the activities of alcoholic beverage establishments to be substantially contained within private property and not spill onto the public street and sidewalks. This, in turn, will allow for a better activation of the street, as well as safe, unencumbered movement.

UPDATE

The subject Ordinance was approved at First Reading on April 21, 2021, with no changes.