MASSAGE THERAPY CENTERS - NORTH BEACH USE REGULATIONS

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE RESILIENCY CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 7, ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE 3, ENTITLED "OVERLAY DISTRICTS," AT SECTION 7.3.10, ENTITLED "NORTH BEACH COMMERCIAL CHARACTER OVERLAY," TO ESTABLISH REGULATIONS AND REQUIREMENTS FOR MASSAGE THERAPY CENTERS WITHIN THE OVERLAY; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 

Massage therapy centers are defined as follows under the Land Development Regulations (LDRs) of the City Code:

Massage therapy center means an establishment that offers, sells, or provides manipulations of the tissues or other tactile stimulation of the human body with the hand, foot, arm, leg, elbow, or part of the torso, whether or not aided by any electrical or mechanical device: and may include bathing, hydrotherapy, thermal therapy, or application of chemicals, oils, lotions, or similar preparations to the human body.

The current regulations in the Art Deco/MiMo Commercial Character Overlay incorporate regulations that are applicable to the Ocean Terrace/Harding Town Site area of the overlay which limit the hours of massage therapy centers from 7:00 a.m. to 9:00 p.m., in order to minimize potential negative impacts from such establishments.

The proposed ordinance would make the restrictions on hours applicable to the entire North Beach Commercial Character Overlay. In addition, the ordinance provides additional regulations regarding the permitted locations of massage therapy centers as follows:

Permitted Use Locations
1. State certified schools for obtaining a massage therapy license.

2. Multi-family residential buildings, apartment hotels, suite hotels or hotels with at least 50 rooms, as an accessory use.

3. Fitness centers, gyms and wellness centers, as a component of the main use.

4. State licensed medical offices and clinics, such as physical therapy centers.

Conditional Use Locations
1. Within office buildings located in a commercial district, TC district, or TC-C district, provided the massage therapy center is located above the first floor.

2. Within multi-family residential buildings, apartment hotels, suite hotels or hotels with less than 50 units.

In all other locations in North Beach, massage therapy centers would be prohibited.

When properly regulated and operated, massage therapy centers provide beneficial services to the community, and the proposed regulations are intended to better define locations for massage therapy centers to operate.

PLANNING BOARD REVIEW
On June 27, 2023, the Planning Board held a public hearing and transmitted the proposed ordinance to the City Commission with a favorable recommendation (6-0).

UPDATE
The subject ordinance was approved at First Reading on July 26, 2023, with no changes. Additionally, in accordance with section 2.4.1.c.1 of the Land Development Regulations of the City Code, the City Commission waived the applicable application fees based upon the legislation implementing best practices in urban planning.

On September 13, 2023 Second Reading of the ordinance was deferred to the December 13, 2023 meeting of the City Commission, with no discussion. On December 13, 2023, the item was deferred to January 31, 2024, with no discussion.

BUSINESS IMPACT ESTIMATE
In accordance with Section 166.041(4), Florida Statutes, the City of Miami Beach is required to assess whether a Business Impact Estimate is required for the subject ordinance. As noted in the attached and published on the City's website on January 11, 2024, a Business Impact Estimate is not required for the subject ordinance as it implements an amendment to the Land Development Regulations.

LOBBYIST DISCLOSURE
In accordance with Resolution No. 2023-32857, adopted by the City Commission on December 13, 2023, the following information has been provided by the primary item sponsor as it relates to the subject ordinance amendment:

1. Was the Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No

2. If so, specify name of lobbyist(s) and principal(s): Not Applicable