Ordinance 85-2478 ORDINANCE NO. 85-2478
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE
NO. 1891; PROVIDING FOR AN AMENDMENT TO THE C-1
NEIGHBORHOOD BUSINESS DISTRICT BY DELETING
PRIVATE CLUBS, LODGES, FRATERNITIES AND
SORORITIES, AND MEETING HALLS FROM THE PERMITTED
USE CLASSIFICATION AND LISTING SAME AS A
CONDITIONAL USE; DELETING PRIVATE MEETING PLACES
NOT OPERATED FOR PROFIT AND LISTING MEETING
HALLS AS A CONDITIONAL USE IN THE C-1 DISTRICT;
PROVIDING FOR AN AMENDMENT TO THE C-3 CENTRAL
BUSINESS DISTRICT BY DELETING PRIVATE CLUBS AS A
PERMITTED USE AND LISTING SAME AS A CONDITIONAL
USE; PROVIDING FOR AN AMENDMENT TO SECTION 29-1(B)
BY REQUIRING THAT CONSIDERATION OF A REQUEST FOR
PRIVATE CLUB OCCUPATIONAL LICENSE OR BUILDING
PERMIT, INCLUDING THE PERMITTED HOURS OF
OPERATION, SHALL BE PURSUANT TO THE CONDITIONAL
USE PROCEDURES AND REVIEW GUIDELINES AS LISTED IN
SECTION 7 OF ZONING ORDINANCE NO. 1891; PROVIDING
FOR AN AMENDMENT TO SECTION 29-1, C-4 PERTAINING
TO THE HOURS OF OPERATION AND CONSIDERATION OF
SAME PURSUANT TO CONDITIONAL USE PROCEDURES
AND REVIEW GUIDELINES; PROVIDING FOR INCLUSION IN
THE ZONING ORDINANCE NO. 1891, REPEALER,
SEVERABILITY, AND AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA:
Dashed WeFds = Deleted Language
Underline Words = New Language
SECTION 1: That Section 6, Sub-Section 6-8(B) of Ordinance No. 1891 is hereby
amended to read as follows:
6-8B. USES PERMITTED. No land, water or structure may be used in whole or in
part, except for one or more of the following uses. Permitted uses that
sell, serve or otherwise distribute alcoholic beverages in this district shall
comply with the standards and regulations found in Section 29.
1. Any use permitted in RM-60 Multiple Family District except
those uses listed as Conditional Uses.
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•
2. Automobile parking lot, open or enclosed, commercial or non-
commercial.
3. Automatic ice distribution station or other drive-in automatic
vending machine station. Groups of vending machines shall be
contained in a completely enclosed building.
4. Retail bakery with sale of bakery products only and no baking
on the premises.
5. Banks, savings and loan associations.
6. Bar.
7. Bicycle store, rental or sales, and bicycle repair shop.
8. Drug Store.
9. Garden shop, florist shop, greenhouse, nursery and landscape
office.
10. Grocery Store.
11. Office, professional or business.
12. Personal service uses, conducted entirely within completely
enclosed buildings. Such uses include barber shops, beauty
parlors, photographic or artists studios, photographic developing
or printing establishment, picture framing shop, shoe repair
shop, tailor shop, travel bureau, ticket office, messenger
service, taxicab office, newsstand, telephone exchange or
telegraphic service stations, dry cleaning or laundry receiving
stations, hat cleaning and blocking, self-service or coin
operated laundry or dry cleaning establishment and other
personal services uses of similar character.
13. Post office.
44: P44vate e4e3; (edge; fFateFRfty; seFeFtty; meetfag ha44 and etheF
pFtvate meet}Rg pfaees Ret epeFated fey pFeftt:
f5T 14. Repair or rental of household appliances, tools, bicycles, and
items of a similar character, provided all activities, including
storage and display, are conducted entirely within completely
enclosed building.
46: 15. Restaurant with or without outdoor table service but not a
drive-in restaurant.
47: 16. Retail stores, provided that all activities, including sale,
storage and display, are conducted entirely within completely
enclosed building.
48: 17. Theatres.
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49: 18. Tutorial Center.
20: 19. The following uses may be permitted as a conditional use:
a. Adult congregate living facilities subject to the
mandatory requirements and review criteria set forth in
Section 28, Adult Congregate Living Facilities.
b. Automobile parking lot, open or enclosed, non-commercial
provided such use is accessory to a primary use in
accordance with the provisions of Section 9-3 of the
Ordinance. For the purpose of this Section a written
agreement shall be construed as a Unity of Title and shall
be recorded in the Circuit Court.
c. Churches, synagogues and temples.
d. Club, private including lodge, fraternity, sorority, and
meeting halls.
d: e. Day nursery.
e: f. Filling station, but with no lighting fixture or illuminated
sign extending to a height greater than 15 feet.
€:g_ Municipal buildings and uses.
g: h. Undertaking establishment or funeral home.
/47 i. Temporary use for a period not to exceed 15 days.
247 20. Accessory uses for above uses.
SECTION 2: That Section 6, Sub-Section 6-10B of Ordinance No. 1891 is
hereby amended to read as follows:
6-108. USES PERMITTED. No land, water or structure may be used in whole
or in part except for one or more of the following permitted uses.
Permitted uses that sell, serve or otherwise distribute alcoholic
beverages in this district shall comply with the standards and
regulations found in Section 29.
1. Any residential use in RM-125 Multiple Family District.
2. Antique stores.
3. Appliance stores.
4. Art goods stores.
5. Artists studios.
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6. Bakeries, baking not permitted on premises.
7. Banks, including savings and loan associations.
8. Barber shops.
9. Beauty parlors.
10. Bicycle stores.
11. Book stores.
12. Clothing and costume stores, selling new merchandise or
rentals.
13: Club; PFtvate
44: 13. Confectionary or ice cream stores.
13: 14. Dental office.
46: 15. Drug stores selling pharmaceutical and medical supplies.
47: 16. Electronic stores.
48: 17. Florist shops.
49: 18. Fruit shippers.
28: 19. Gift shops.
24: 20. Greeting card stores.
22: 21. Interior design shops, office and display only.
23: 22. Jewelry stores selling new or previously owned merchandise.
24: 23. Leather goods and luggage shops.
23: 24. Linen shops.
26: 25. Medical offices.
27: 26. Messenger service.
28: 27. Music stores.
29: 28. Newsstands.
39: 29. Nite clubs.
31: 30. Optical stores.
32: 31. Photography stores and studios.
33: 32. Picture framing shops.
34: 33. Pottery shops.
33: 34. Printing and developing establishments.
36: 35. Professional offices.
37: 36. Radio or television broadcasting station, studio, and office, but
not sending or receiving towers.
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38: 37. Restaurants in which the roofed-in floor area of the room or
portion of the building wherein food is served to guests is not
less than 400 square feet with not less than 75 percent of the
total of such roofed-in floor area being utilized for the seating
of guests at tables or booths. The ratio of the number of seats
at tables and booths to the number of seats at counters shall be
not less than three to one, and the total number of seats shall
not exceed the ratio of ten (10) square feet of such roofed-in
area to one guest. Toilet facilities shall he so arranged as to
provide the public direct accessibility thereto from within such
roofed-in floor area, provided however, that the foregoing
requirements shall not be applicable if the preparation and
serving of food or beverages is a customary incident to the uses
or businesses permitted in or by this section. Such restaurants
and cafes having sidewalk cafes may also sell finished pastry
products such as donuts, danishes, and coffee on a carry out
basis.
39: 38. Shoe stores.
48: 39. Sporting goods stores.
44: 40. Tailor shops.
42; 41. Taxi-Cab offices.
43: 42. Telephone exchange or telegraph service station.
44: 43. Theatre and cinema.
45: 44. Ticket office.
46: 45. Tobacco shop.
47: 46. Travel bureau.
48: 47. a. The following uses shall be permitted throughout the
District with the exception of properties abutting Lincoln
Road between Alton Road and the Atlantic Ocean where
such uses shall only be located above the first floor level.
4: CIel3s; pi4vate;
2: 1. Dance or music school, modeling school, or athletic
instruction.
3: 2. Health studio or club, reducing salon, and massage
parlor.
4: 3. Hotel, apartment, apartment hotel. Entrances and
lobbies shall be permitted on the first floor level
provided that commercial uses front on Lincoln
Road. Access to the lobby shall be permitted from
Lincoln Road.
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3: 4. Medical or dental clinic.
6: 5. Offices, business and professional.
b. The following uses shall not be permitted on properties
fronting on Lincoln Road from Alton Road to the Atlantic
Ocean.
1. Religious institutions.
2. Stores selling staple foodstuffs, household supplies,
meats, produce, and dairy products.
3. Stores in which the principal products sold or
exhibited include surgical supplies, hospital supplies,
medical devices, prosthetic or orthopedic devices.
49 48. The following uses may be permitted as a conditional use:
a. Adult congregate living facilities subject to the
mandatory requirements and review criteria set forth in
Section 28, Adult Congregate Living Facilities.
b. Personal service uses such as postal station, theatre
ticket outlet, artists studios, book stores, music stores,
florists, gift shops, greeting card store, fruit shippers
selling prepackaged gift boxes and newsstands when
associated with an existing store on Lincoln Road Mall
may be located in the public right-of-way within a
distance not to exceed 400 feet from such store for the
sale of goods and services customarily associated with an
existing permitted store. Such uses shall be subject to
review and approval by the Planning Board. Such uses will
not constitute or create unreasonable obstructions to the
prior and paramount right of the public for passage upon
public ways.
c. Clubs private.
e: d. Public and governmental buildings and uses.
d: e. Publicly owned and operated recreational facility,
playground, playfield, park and beach.
e: f. Public utilities or public service uses, structures and
appurtenances.
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€:& Sidewalk cafes, when associated with an existing
restaurant on Lincoln Road Mall, may be located in the
public right-of-way within a distance not to exceed 400
feet from such restaurant subject to prior findings and
determinations by the Planning Board that such permitted
sidewalk cafes will not constitute or create unreasonable
obstructions to the prior and paramount right of the
public for passage upon the public way. A suitable and
appropriate plan or sketch showing the proposed location
of said sidewalk cafe in relationship to the main
restaurant or cafe required hereby, and the proposed
seating arrangement to be utilized by said sidewalk cafe
shall be submitted to the Planning Board and the City
Commission for approval prior to the issuance of any
revocable permit for such sidewalk cafe. In instances
where the location of said sidewalk cafe extends into the
right-of-way of another property owner, the owner of the
proposed use shall be responsible for securing a lease
agreement with the affected property owner prior to the
execution of a revocable permit by the City Commission.
g: h. Uses not listed above which are similar in character to
one or more permitted uses, and which would not be
inappropriate in this District.
b, i. Temporary use for a period not to exceed 15 days.
507 49. Accessory uses for above uses.
SECTION 3: That Section 29, Sub-Section 29-1, C-4 of Ordinance No. 1891 is
hereby amended to read as follows: •
SECTION 29
LIQUOR CONTROL REGULATIONS
29-1 GENERAL PROVISIONS
B. Licenses
No vendor shall sell or distribute any alcoholic beverages without
securing an occupational license from the City and a license from the
State Beverage Department. Prior to receiving a City of Miami
Beach occupational license, the locations must be approved as to
zoning pursuant to the provisions of this Ordinance.
I) Consideration of a request for a Private Club Occupational
License or a building permit, including the hours of operation,
shall be pursuant to the Conditional Use Procedures and Review
Guidelines as listed in Section 7 of these regulations.
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29-C-4 Private Clubs, either as a permitted main or accessory use, shall be
considered pursuant to Section 29-1, B-l. Hours of operation and the
consumption of alcoholic beverages will be considered between the
hours of 8:00 a.m. to 8+99 a.m. 5:00 a.m., Monday through Sunday,
provided that service is made only to members and guests of
members pursuant to Florida Statutes. However, any private club
permitted to remain open after 2:00 a.m. shall purchase an extra
hours license aad aey p4vate Efab peFrni-tted to FerRaiR epeR aftef
5+99 a:rm: and must provide for security in its premises by hiring
private security guards or off-duty policemen between the hours of
3+99 a:rR 2:00 a.m. to 8+99 a:-R. 5:00 a.m. each day. Private clubs
which secure a license from the Division of Alcoholic Beverages and
Tobacco by complying with the requirements of Florida Statutes
561.20 for racquetball, tennis or golf course facilities, may admit its
members at any time for use of such facilities, but may not serve
alcoholic beverages after 2:00 a.m. each day unless it is the holder
of an extra hours license and complies with the above requirements.
SECTION 4: INCLUSION IN ZONING ORDINANCE NO. 1891.
It is the intention of the City Commission, and it is hereby ordained that the
provisions of this Ordinance shall become and be made a part of the City of
Miami Beach Zoning Ordinance No. 1891 as amended; that the sections of this
Ordinance may be renumbered or relettered to accomplish such intention; and
that the `ordinance" may be changed to "section" or other appropriate word.
SECTION 5: REPEALER. All Ordinances or parts of Ordinances in conflict
herewith be and the same are hereby repealed.
SECTION 6: SEVERABILITY: If any section, sub-section, sentence, clause,
phrase, or portion of this Ordinance is, for any reason, held invalid or
unconstitutional by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision, and such hold shall not
affect the validity of the remaining portions of this Ordinance.
SECTION 7: EFFECTIVE DATE:
This Ordinance shall take effect ten (10) days after
adoption, on the 15 day of June , 1985.
PASSED and ADOPTED the 5th day of June , 1985.
MAYOR
ATTEST:
44_7 FORM APPROVE3
CITY CLERK LEGAL. DEPARTMENT
1st Reading - May 15, 1985 ga/v2nd Reading - June 5, 1985eit
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