Ordinance 81-2275ORDINANCE NO. 81-2275
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA
AMENDING ORDINANCE NO. 1891 OF THE CITY OF MIAMI
BEACH, THE SAME BEING THE COMPREHENSIVE ZONING
ORDINANCE; PROVIDING FOR THE REPEAL OF SECTION 6-9
AND THE NEW ADDITION OF A NEW SECTION 6-9 CLARIFYING
PERMITTED AND CONDITIONAL USES IN THE C-3 CENTRAL
BUSINESS DISTRICT, COMMONLY KNOWN AS THE LINCOLN
ROAD SHOPPING DISTRICT; REPEALING ALL ORDINANCES IN
CONFLICT THEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA:
SECTION 1: That Section 6, Subsection 6-9 (B) of Ordinance 1891 of the City
of Miami Beach is hereby repealed.
Section 2: That Section 6 of Ordinance 1891 of the City of Miami Beach
is hereby amended by the addition of the following new subsection 6-9 (B)to read
as follows:
6-9 C-3 Central Business District
B. 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:
1. Any residential use in the RM -125 Multiple Family District.
2. Antique Stores.
3. Appliance Stores.
4. Art Goods Stores.
5. Artists Studios.
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, Private.
14. Confectionary or ice cream stores.
15. Dental Office.
16. Drug stores selling pharmaceutical and medical supplies.
17. Electronic Stores.
18. Florist Shops.
19. Fruit Shippers.
20. Gift Shops
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21. Greeting Card Stores.
22. Interior Design Shops, office and display only.
23. Jewelry Stores selling new or previously owned merchandise.
24. Leather Goods and Luggage Shops.
25. Linen Shops
26. Medical Offices.
27. Messenger Service.
28. Music Stores.
29. Newsstands.
30. Nite Clubs.
31. Optical Stores.
32. Photography Stores and Studios.
33. Picture Framing Shops.
34. Pottery Shops.
35. Printing and Developing Establishments.
36. Professional Offices.
37. Radio or television broadcasting station, studio, and office,
but not sending or receiving towers.
38. 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 be so arranged as to provide the public direct accessi-
bility 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. Shoe Stores.
40. Sporting Goods Store.
41. Tailor Shops.
42. Taxi -Cab Offices.
43. Telephone exchange or telegraph service station.
44. Theatre and Cinema.
45. Ticket Office.
46. Tobacco Shop.
47. Travel Bureau.
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48. 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.
1. Clubs, private.
2. Dance or music school, modeling school, or athletic
instruction.
3. Health studio or club, reducing salon, and massage
parlor.
4. 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 he permitted from Lincoln
Road.
5. Medical or dental clinic.
6. 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. The following uses may be permitted as a Conditional Use:
a. 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.
A suitable and appropriate plan or sketch showing the location
of the proposed use in relationship to the main use required
hereby, shall be submitted to the Planning Board for approval
prior to the issuance of any revocable permit granted by the
City Commission. In instances where the location of said
personal service use extends into the right-of-way of another
property owner, the owner of the proposed use shall be respon-
sible for securing a lease agreement with the affected property
owner prior to the execution of a revocable permit by the City
Commission.
b. Public and governmental buildings and uses.
c. Publicly owned and operated recreational facility, playground,
playfield, park and beach.
d. Public utilities or public service uses, strucures and appur-
tenances.
e. 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
PAGE 3
sub'ect to .rior findin•s and determinations b the Plannin•
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 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.
f. Uses not listed above which are similar in character to one
or more permitted uses, and which would not be inappropriate
in this District.
q.
51. Accessory uses or above uses.
Section 3: REPEALER: All ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
Temporary use for a period not to exceed 15 days.
Section 4: SEVERABILITY: If any section, sub -section, sentence, clause,
phrase, or portion of this Ordinance is, for any reason, held invalid or uncon-
stitutional by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and such holding shall
not affect the validity of the remaining portions of this Ordinance.
Section 5: This Ordinance shall become effective upon its passage in
accordance with law.
PASSED and ADOPTED this 2nd day of September, 1981.
Mayor
ATTEST:
City Clerk
1st Reading - July 15, 1981
2nd Reading - September 2, 1981
PAGE 4
APPROVED
LEGAL DE .
BY:
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