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PB26-0866
PB26-0866, RM-2 ACCESSORY USE REGULATIONS.
RM-2 ACCESSORY USE REGULATIONS
The following summaries were generated by AI from the official documents linked below. They may contain errors. Please refer to the original documents for authoritative information.
Proposal
The proposed ordinance amends Section 7.2.5.2 of the Miami Beach Resiliency Code to allow rooftop alcoholic beverage establishments as accessory uses for contributing hotel structures fronting Collins Avenue within the Collins Waterfront Historic District, subject to conditional use permit approval and operational restrictions. This addresses an unintended consequence of Ordinance 2023-4574, which expanded the definition of a Neighborhood Impact Establishment (NIE) to include rooftop alcoholic beverage establishments within 200 feet of a residential unit, effectively prohibiting such uses in the RM-2 district. The amendment restores regulatory flexibility for historic hotels while maintaining safeguards for adjacent residential areas.
Staff Recommendation
APPROVAL
Transmit the proposed ordinance amendment to the Mayor and City Commission (City Commission) with a favorable recommendation.
Conditions:
All rooftop operations shall cease no later than 12:00 a.m. Monday through Thursday, and no later than 1:00 a.m. on Saturday and Sunday
Entertainment of any kind shall not be permitted; only recorded music played at or below ambient volume levels may be permitted
Rooftop seating shall not exceed 150 seats
Establishment must be located on the top floor of a contributing hotel structure fronting Collins Avenue within the Collins Waterfront Historic District
Conditional Use Permit approval from the Planning Board is required
Compliance Findings:
✗ Comprehensive Plan: Consistent
✗ Land Development Regulations: Compliant
Key Issues
Unintended prohibition of rooftop alcoholic beverage establishments in RM-2 caused by Ordinance 2023-4574 expanding the NIE definition
Need to balance historic hotel operations and guest amenities with protection of adjacent residential uses
Operational hours restrictions: rooftop operations must cease by 12:00 a.m. Monday-Thursday and 1:00 a.m. Saturday-Sunday
Entertainment of any kind is prohibited; only recorded music at or below ambient volume levels is permitted
Rooftop seating is capped at 150 seats
Applicability limited to contributing hotel structures fronting Collins Avenue within the Collins Waterfront Historic District
Conditional Use Permit review required by the Planning Board for each establishment
