2016-4005 Ordinance CHAPTER 142—ZONING DISTRICTS AND ALCOHOLIC BEVERAGES
ORDINANCE NO 2016-4005
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142 "ZONING DISTRICTS
AND REGULATIONS;" ARTICLE II, "DISTRICT REGULATIONS", DIVISION 3,
"RESIDENTIAL MULTIFAMILY DISTRICTS" DIVISION 4, "CD-1
COMMERCIAL, LOW INTENSITY DISTRICT" DIVISION 5, "CD-2
COMMERCIAL, MEDIUM INTENSITY DISTRICT" DIVISION 6, "CD-3
COMMERCIAL, HIGH INTENSITY DISTRICT" DIVISION 7, "CCC CIVIC AND
CONVENTION CENTER DISTRICT" DIVISION 8, "GC GOLF COURSE
DISTRICT" DIVISION 9, "GU GOVERNMENT USE DISTRICT" DIVISION 10,
"HD HOSPITAL DISTRICT" DIVISION 11, "I-1 LIGHT INDUSTRIAL DISTRICT"
DIVISION 12, "MR MARINE RECREATION DISTRICT;" DIVISION 13, "MXE
MIXED USE ENTERTAINMENT DISTRICT;" DIVISION 16, "WD-1
WATERWAY DISTRICT" DIVISION 17, "WD-2 WATERWAY DISTRICT"
DIVISION 18, "PS PERFORMANCE STANDARD DISTRICT," DIVISION 20
"TC NORTH BEACH TOWN CENTER DISTRICTS," TO DELINEATE ALL
ALCOHOLIC BEVERAGE ESTABLISHMENTS AS RELATED MAIN
PERMITTED, CONDITIONAL, AND PROHIBITED USES BY ZONING
DISTRICT; MODIFYING CHAPTER 142, ARTICLE V, "SPECIALIZED USE
REGULATIONS," TO DELETE DIVISION 4, AND SECTION 143-1301,
ENTITLED "PERMITTED DISTRICTS; STRIKING ALCOHOL REGULATIONS
RELATING TO HOURS OF OPERATION, MINIMUM SEAT AND HOTEL
ROOMS FROM CHAPTER 142 "ZONING DISTRICTS AND REGULATIONS",
ARTICLE II "DISTRICT REGULATIONS;" AND MODIFYING CHAPTER 142,
ARTICLE V "SPECIAL USE REGULATIONS," AT DIVISION 4 "ALCOHOLIC
BEVERAGES," BY STRIKING SECTIONS 142-1302 AND 142-1303;
PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION;
EXCEPTIONS; AND AN EFFECTIVE DATE.
WHEREAS, Chapter 142 of the City Code, entitled "Zoning Districts and Regulations,"
includes specialized use regulations that address alcoholic beverages; and
WHEREAS, Chapter 6 of the City Code entitled "Alcoholic Beverages", which regulates
the hours of operation of and size of such establishments; and
WHEREAS, Chapter 142 shall be amended to ensure that each districts lists whether
alcoholic beverage establishments are permitted, not permitted or conditional uses; and
WHEREAS, to ensure that all regulations relating to alcoholic beverages are clear,
concise and in one location of the code that is logical and convenient to the user; and
WHEREAS, the amendment set forth below is necessary to accomplish the objectives
identified above.
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NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 142, "Zoning Districts and Regulations" is amended, as follows:
DIVISION 3. - RESIDENTIAL MULTIFAMILY DISTRICTS
* * *
Subdivision IV. - RM-2 Residential Multifamily, Medium Intensity
* * *
Sec. 142-214. -Accessory uses.
The accessory uses in the RM-2 residential multifamily, medium intensity district are as required
in article IV, division 2 of this chapter and uses that serve alcoholic beverages-establishments
-e - -•- - ' - -•-•- - - - - , - - - -- _ •- - -- - pursuant to the
regulations set forth in Chapter 6. RM-2 properties within the Palm View, or West Avenue
corridors may not have accessory outdoor entertainment establishments. Notwithstanding the
foregoing, a property that had a legal conforming use as of May 28, 2013, shall have the right to
apply for and receive special event permits that contain entertainment uses.
* * *
Subdivision V. - RM-3 Residential Multifamily, High Intensity
Sec. 142-244. -Accessory uses.
The accessory uses in the RM-3 residential multifamily, high intensity district are as follows:
* * *
(2) Uses t�seve Alcoholic beverages establishments - -- •' - - - - _- - - -
--- - - , e"' -•••'e - - -:•: - e" - - - - pursuant to the regulations set forth in Chapter 6.
(3) Accessory outdoor bar counters, pursuant to the regulations set forth in Chapter 6. provided
that the accessory outdoor bar counter is not operated or utilized between midnight and 8:00
a.m.; however, for an accessory outdoor bar counter which is adjacent to a property with an
apartment unit, the accessory outdoor bar counter may not be operated or utilized between 8:00
p.m. and 8:00 a.m.
(4) Oceanfront hotels with at least 100 hotel units may operate and utilize an accessory outdoor
bar counter, notwithstanding the above restriction on the hours of operation, provided the
accessory outdoor bar counter is (i) located in the rear yard, and (ii) set back 20 percent of the
• lot width (50 feet minimum) from any property line adjacent to a property with an apartment unit
thereon.
* * *
Sec. 142-245. - Prohibited uses.
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The prohibited use in the RM-3 residential multifamily, high intensity district is accessory
outdoor bar counter, except as provided in Section 142-244. d For properties located within
the West Avenue Corridor, hotels and apartment-hotels, except to the extent preempted by
F-lorida Statutes § Section 509.032(7), and unless a legal conforming use. Properties that
voluntarily cease to operate as a hotel for a consecutive three-year period shall not be permitted
to later resume such hotel operation. Without limitation, (a) involuntary hotel closures due to
casualty, or (b) cessation of hotel use of individual units of a condo-hotel, shall not be deemed
to be ceasing hotel operations pursuant to the preceding sentence.
* * *
DIVISION 4. -CD-1 COMMERCIAL, LOW INTENSITY DISTRICT
Sec. 142-272. - Main permitted uses.
The main permitted uses in the CD-1 commercial, low intensity district are commercial uses;
apartments; bed and breakfast inn (pursuant to Section 142-1401); religious institutions with an
occupancy of 199 persons or less, and uses that serve alcoholic beverages establishments as
• -e - - - - - - - - °- _- - - pursuant to the
regulations set forth in Chapter 6.
* * *
DIVISION 5. CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT
Sec. 142-302. - Main permitted uses.
The main permitted uses in the CD-2 commercial, medium intensity district are commercial
uses; apartments; apartment/hotels; hotels; religious institutions with an occupancy of 199
persons or less and uses that serve alcoholic beverages establishments as-listed in article o,•' - - - -- - - - . - - - . - - pursuant to
- - - - -- - - - - - - -
the regulations set forth in Chapter 6.
* * *
Sec. 142-304. -Accessory uses.
The accessory uses in the CD-2 commercial, medium intensity district are as required in article
IV, division 2 of this chapter; and accessory outdoor bar counters, pursuant to the regulations
set forth in Chapter 6. provided that the accessory outdoor bar counter is not operated or
utilized between midnight and 8:00 a.m.; however, for an accessory outdoor bar counter which
is adjacent to a property with an apartment unit, , the accessory outdoor bar counter may not be
operated or utilized between 8:00 p.m. and 8:00 a.m.
* * *
Sec. 142-305. - Prohibited uses.
The prohibited uses in the CD-2 commercial, medium intensity district are accessory outdoor
bar counters, except as provided in Article IV, Division 2 of this chapter and in
Chapter 6. Except as otherwise provided in these land development regulations, prohibited
uses in the CD-2 commercial medium intensity district in the Sunset Harbour Neighborhood,
generally bounded by Purdy Avenue, 20th Street, Alton Road and Dade Boulevard, also include
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alcoholic beverage establishments (not also operating as a full restaurant with a full kitchen,
serving full meals); dance halls; entertainment establishments; outdoor entertainment
establishment; neighborhood impact establishment; and open air entertainment establishment.
* * *
DIVISION 6. - CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT
Sec. 142-332. - Main permitted uses.
The main permitted uses in the CD-3 commercial, high intensity district are commercial uses;
apartments; apartment/hotels; hotels, alcoholic beverage establishments pursuant to the
regulations set forth in Chapter 6, and religious institutions with occupancy of 199 persons or
less. : : - - - - - _ _ ..• -- e - - .. _.
.. - - - - - • -•.. • _ --
-- -- - -- - - - -e.. --
- - '=- - - - - - - -- _-'-- '-- - .-'- =• • - ' - - •- - -- - - . Offices are
prohibited on the ground floor on that portion of Lincoln Road which is closed to traffic, unless
the office area is located in a mezzanine, or at least 75 feet back from the storefront; also
apartments, apartment/hotels and hotels located on that portion of Lincoln Road shall comply
with section 142-335. Dance halls (as defined in section 114-1 of this Code) not also operating
as restaurants with full kitchens and serving full meals and licensed as alcoholic beverage
establishments are prohibited on properties having a lot line adjoining Lincoln Road, from the
Atlantic Ocean to Biscayne Bay, unless the dance hall is located within a hotel with a minimum
of 100 hotel units.
* * *
Sec. 142-334. -Accessory uses.
The accessory uses in the CD-3 commercial, high intensity district are as follows:
(1) Those uses permitted in Article IV, Division 2 of this chapter.
(2) Accessory outdoor bar counters, pursuant to the regulations set forth in Chapter 6. provided
that the accessory outdoor bar counter is not operated or utilized between midnight and 8:00
a.m.; however, for an accessory outdoor bar counter which is adjacent to a property with an
apartment unit, , the accessory outdoor bar counter may not be operated or utilized between
8:00 p.m. and 8:00 a.m. •-• - - -e- • - - -- - •• - e e- -- e --
thereon.
* * *
Sec. 142-335. - Prohibited uses.
The prohibited uses in the CD-3 commercial, high intensity district are pawnshops; secondhand
dealers of precious metals/precious metals dealers; and accessory outdoor bar counter, except
as provided in this Article IV, Division 2 of this Chapter and in Chapter 6.
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* * *
DIVISION 7. CCC CIVIC AND CONVENTION CENTER DISTRICT •
* * *
Sec. 142-362. - Main permitted uses.
The main permitted uses in the CCC civic and convention center district are parking lots,
garages, performing arts and cultural facilities; hotel; alcoholic beverage establishments
pursuant to the regulations set forth in Chapter 6, merchandise mart; commercial or office
development; landscape open space; parks. Any use not listed above shall only be approved
after the City Commission holds a public hearing. See section 142-367 for public notice
requirements.
* * *
DIVISION 8. -GC GOLF COURSE DISTRICT
* * *
Sec. 142-394. -Accessory uses.
The accessory uses in the GC golf course district are as required in article IV, division 2 of this
chapter and the sale or distribution of alcoholic beverages pursuant to the regulations set forth
in Chapter 6.
* * *
DIVISION 10. - HD HOSPITAL DISTRICT
* * *
Sec. 142-452. - Permitted uses.
In the HD, Hospital District, no land, water or structure may be used, in whole or in part, except
for one or more of the following permitted uses. '- --• -e - - - - , - ‘ - _ - -- -
: - The sale of alcohol within the HD shall be regulated
pursuant to the requirements of Chapter 6.
* * *
DIVISION 11. 1-1 LIGHT INDUSTRIAL DISTRICT
Sec. 142-482. - Main permitted uses.
The main permitted uses in the I-1, Urban Light Industrial District, are those uses that are
consistent with the district purpose including the following:
* * *
13) Commercial uses that provide support services to the light industrial uses and to
the adjacent RM-3 residents, including but not limited to retail sales, photocopying,
coffee shop, standard restaurant, alcoholic beverage establishments pursuant to the
regulations set forth in Chapter 6, video rental, bank;
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* * *
DIVISION 12. - MR MARINE RECREATION DISTRICT
* * *
Sec. 142-514. -Accessory uses.
The accessory uses in the MR, Marine Recreation District, are as required in article IV, division
2 of this chapter. Accessory uses in this district shall be any use that is customarily associated
with a main permitted use;, including but not limited to alcoholic beverage establishments
pursuant to the regulations set forth in Chapter 6.
* * *
DIVISION 13. - MXE MIXED USE ENTERTAINMENT DISTRICT
* * *
Sec. 142-543. -Accessory uses.
The accessory uses in the MXE, Mixed Use Entertainment District, are as follows.
Those uses permitted in Article IV, Division 2 of this chapter. See-alse-Acti cle IV, Division 2,
of this article. Note:
Uses that serve alcoholic beverages are also subject to the regulations ef-aFtiGle-VdtvisiGR
,
/1 of this chapter. set forth in Chapter 6.
Di Accessory outdoor bar counters, pursuant to the regulations set forth in Chapter 6, provided
that the accessory outdoor bar counter is not operated or utilized between midnight and
8:00 a.m.; however, for an accessory outdoor bar counter which is adjacent to a property
with an apartment unit, the accessory outdoor bar counter may not be operated or utilized
between 8:00 p.m. and 8:00 a.m.
fit) Oceanfront hotels with at least 100 hotel units may operate and utilize an accessory outdoor
bar counter, notwithstanding the restriction on the hours of operation, set forth in subsection (1)
of this section, provided the accessory outdoor bar counter is located in the rear yard and set
back 20 percent of the lot width (50 feet minimum) from any property line adjacent to a property
with an apartment unit thereon.
* * *
Sec. 142-546. -Additional restrictions for lots fronting on Ocean Drive, Ocean Terrace
and Collins Avenue.
In the MXE, Mixed Use Entertainment District, permitted uses in existing buildings at the time of
adoption of this section with two stories or less fronting on Ocean Drive or Ocean Terrace and
any building fronting on Collins Avenue from Sixth Street to 16th Street shall comply with the
following:
* * *
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(2) Such The buildings may contain offices ••--'-- - - -- - - - • -- - - - - - -- ,
retail, eating or drinking uses food service establishments, alcoholic beverage
establishments and residential uses or any combination thereof. Medical and dental
office shall be prohibited uses in the MXE districts. Commercial uses located above
the ground floor shall only have access from the interior of the building; no exterior
access shall be permitted, unless a variance from this requirement is granted.
* * *
DIVISION 16. -WD-1 WATERWAY DISTRICT
* * *
Sec. 142-634. -Accessory uses.
The accessory uses in the WD-1, Waterway District.,are as required by Article IV, Division 2 of
this Chapter and as delineated in Chapter 6, as it relates to alcoholic beverage establishments.
* * *
DIVISION 17. -WD-2 WATERWAY DISTRICT
* * *
•
Sec. 142-664. -Accessory uses.
The accessory uses in the WD-2, Waterway District, are as required in Article IV, Division 2 of
this Chapter and as delineated in Chapter 6, as it relates to alcoholic beverage.
* * *
DIVISION 20. -TC NORTH BEACH TOWN CENTER DISTRICTS
* * *
Sec. 142-736. Main permitted uses, Conditional Uses, accessory uses, and prohibited
uses.
(a) Land uses in the TC-1, Town Center Core District shall be regulated as follows:
(1) The main permitted uses in the TC-1 District are commercial uses; alcoholic
beverage establishments pursuant to the regulations set forth in Chapter 6;
apartments; apartments/hotels; hotels. The ground story frontage along 71st Street
and Collins Avenue shall be governed by subsection 142-737(c). The provisions of
chapter 6 concerning distance separation for consumption of
alcoholic beverages on-premises in restaurants shall not apply to this district.
* * *
(3) The accessory uses in the TC-1 District are those uses permitted in Article IV,
Division 2 of this Chapter; alcoholic beverage establishments and accessory outdoor
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bar counters pursuant to the regulations set forth in Chapter 6; and accessory outdoor
bar counters, provided that the accessory outdoor bar counter is not operated or
utilized between midnight and 8:00 a.m.; however, accessory outdoor bar counters
located within 100 feet of an apartment unit may not be operated or utilized between
8:00 p.m. and 8:00 a.m.
* * *
(c) Land uses in the TC-3 Town Center Residential Office District shall be regulated as
follows:
* * *
(2) The Conditional Uses in the TC-3 District are hotel, adult congregate living
facility; day care facility; nursing home; religious institutions; private and public
institutions; schools; and commercial or noncommercial parking lots and garages (with
accessory commercial uses) in accord with subsection 130-68(9).
a. In areas designated TC-3(c) on the zoning map, the following uses may
be permitted as Conditional Uses in addition to the uses in paragraph (2)
above: neighborhood-oriented retail and services uses, limited to 2,500 square
feet or less per establishment, located on the ground floor of buildings. Such
neighborhood-oriented retail and service uses shall be limited to antique
stores; art/craft galleries; artist studios; bakery or specialty food stores; barber
shops and beauty salons; coffee shop or juice bar; dry cleaner or laundry with
_ off-site processing (dry cleaning receiving station); newspapers, magazines
and books; photo studio; shoe repair; tailor or dressmaker; and food service
establishments with 30 seats or less (including outdoor cafe seating) pursuant
to the regulations set forth in Chapter 6. with alcohol limited to beer and wine
and closing no later than 12 midnight subject to limitations established in the
Conditional Use process. In addition, full service restaurants serving alcoholic
beverages pursuant to the regulations set forth in Chapter 6 of and with 30
seats or more may be permitted only on waterfront properties with a publicly
accessible waterfront walkway in the area located south of 71st Street.
Q The accessory uses in the TC-3 district are those uses customarily associated
with the district purpose, as set forth in article IV, Division 2 of this Chapter, except
that hotels may have accessory uses based upon the criteria below:
•
* * *
b Hotels in the TC-3(c) district may include accessory restaurants or-tears
alcoholic beverage establishments pursuant to the regulations set forth in
Chapter 6 when approved as part of the Conditional Use. Such accessory
restaurants or bars that serve alcohol shall be limited to a maximum of 1.25
seats per hotel or apartment unit for the entire site. The patron occupant load,
as determined by the planning director or designee, for all accessory
restaurants and alcoholic beverage establishments on
the entire site shall not exceed 1.5 persons, per hotel and/or apartment unit.
For a hotel or apartment property of less than 32 units, the restaurant or bar
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may have a maximum of 40 seats in the aggregate on the site. The number of
units shall be those that result after any renovation. Accessory restaurants and
bars shall be permitted to sell alcoholic beverages for consumption only on the
premises and shall be limited to closing no later than 12 midnight subject to
limitations established in the Conditional Use process.
* * *
ARTICLE V. -SPECIALIZED USE REGULATIONS
`ec. 1/A 2-4 304. Permitted district .
Vendors may be permitted to sell or distribute alcoholic beverages, either for
(1) RM 2 multiple family, medium intensity.
{2) RM 3 multiple family, high intensity.
{3) CD 1 commercial, low intensity.
{4) CD-2 commercial, medium intensity.
{5) CD 3 commercial -ig-1 tensity.
{6) CCC convention center district.
{7) HD hospital district.
{8) 11 industrial, light.
(9) MR marine recreational.
{10) MXE mixed use entertainment.
(11) WD-1 waterway district.
{12) WD 2 waterway district.
{13) R-PS2 residential medium density.
(14) R PS3 residential medium high density.
{15) R PSI residential high density.
{17) C-PS2 commercial general mixed use.
(18) C-PS3 commercial intensivc mixed-use.
{19) C-PS4 commercial intensive phased bayside.
{20) RM PSI residential limited mixed use development.
(21) TC-1 North Beach Town Center core.
{22) TC-2 North Beach Town Center mixed use.
(23) TC-3 North Beach Town Center residential/office.
- - a-e - : _ e _ e ee e _
(1) Permitted main uses.
- .. -- ': : -r - ..•.•.. .. : _ - _ e _
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seats in order to be permitted to sell alcoholic beverages for consumption on the
premises.
•
d. Golf clubhouse; when located on a golf course, the sale of alcoholic bcvcra- - is
{2) Accessory uses. Hotels, apartment hotels, or apartments, or any mixed use having a
a. Bars, alcoholic beverage establishments, restaurants, or private clubs which
have a minimum of 10 seats shall be permitted to sell alcoholic beverages for
e.
S. •d. _ - - - - -- -; .. -- - -- "- - - ee -e- -- •" - - - - -- - '_ a- . - __- •
.- - .•. . - .. .r in section 142 716.
, 4„2_1303. ExemptienT
{a) Notwithstanding any other provision of this Division, the sale of bcer for off-premises
shall be exempt from the regulations in section 6 4, and sections 112 1301 and 112 1302.
142 1302.
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SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and, the word "ordinance" may be changed to
"section", "article", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILITY. •
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this 9 day of h?Qrck. 2016.
Philip Levin-,,-Ma A�
: r e N
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Raf,-elanado, City 1 Jerk
•
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• ORP ORATED' APPROVED AS TO
�jjFORM AND LANGUAGE
& FOR EXECUTION
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•
City Attorney, Date
First Reading: February 10, 2016
,61A6
Second Reading: March 9, 016
Verified by:
Thomas R. Mooney, AIC
Planning Director
Underscore denotes new language
denotes removed language
T:WGENDA\2016\February\Planning\Alcohol Regs Ch 142 First Reading ORD.docx
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