Ordinance 2025-4763 RO District Regulations for Alcohol Sales in Nonconforming Uses— LDR Amendment
ORDINANCE NO. 2025-4763
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
�CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, SUBPART B, ENTITLED, "LAND
DEVELOPMENT REGULATIONS," BYAMENDING CHAPTER 2 OF THE
MIAMI BEACH RESILIENCY CODE, ENTITLED "ADMINISTRATION
AND REVIEW PROCEDURES," ARTICLE XII, ENTITLED
"NONCONFORMITIES," BY AMENDING SECTION 2.12.5, ENTITLED
"NONCONFORMING USE OF BUILDINGS," TO ESTABLISH
REQUIREMENTS FOR NONCONFORMING CAFES SERVING
ALCOHOL AND LOCATED ON ALTON ROAD; BY AMENDING
CHAPTER 7, ENTITLED "ZONING DISTRICTS AIVD REGULATIONS,"
ARTICLE II, ENTITLED, "DISTRICT REGULATIONS," DIVISION 7.2.9,
ENTITLED "RO RESIDENTIAL/OFFICE DISTRICT," BY AMENDING
SECTION 7.2.9.2, ENTITLED "USES (RO)," TO ALLOW ALCOHOL
SALES IN EXISTING CAFES SUBJECT TO SPECIFIED CONDITIONS;
PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND
AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach (the "City") has the authority to enact laws which
promote the public health, safety and general welfare of its citizens; and
WHEREAS, certain nonconforming cafe uses located on Alton Road in the Residential
Office (RO) zoning district are uniquely valuable neighborhood amenities; and
WHEREAS, nonconforming cafes located on Alton Road in the RO district provide
residents with access to food and beverage establishments within walkable distances, which
promotes pedestrianism, reduces traffic, and improves quality of life of residents; and
WHEREAS,the amendments set forth below are necessary to accomplish all of the above
objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 2, "Administration and Review Procedures", Article XII "Nonconformities,"
is hereby amended as follows:
CHAPTER 2. ADMINISTRATION AND REVIEW PROCEDURES
* * *
ARTICLE XII. NONCONFORMITIES
� * � *
2.12.5 NONCONFORMING USE OF BUILDINGS
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* * �
d. Notwithstandinq the provisions of this article, a nonconforminq cafe located in a Residential
Office (RO) district on Alton Road existinq as of January 1, 2025, mav be authorized to sell beer
and wine, subiect to compliance with the followinq conditions:
1. Alcoholic beveraqes shall be limited to beer and wine for consumqtion on premises only.
The retail or packaqe sale of beer or wine, for off-premises consumption, shall be
prohibited.
2. The sale of beer and wine shall not commence prior to 11:30 a.m. and shall conclude no
later than 10:00 p.m. for existinq indoor seatinq and no later than 8:00 p.m. for existinq
outdoor seatinq, seven days a week, including holidays. �
3. There shall be no increase in the patron occupancv within the interior or exterior of the
cafe establishment, nor shall the area of the cafe be permitted to expand.
4. There shall be no more than 10 seats permitted within the interior and/or exterior of the
cafe establishment.
5. As applicable to anv non-conforminq cafe authorized to serve beer and wine under this
subsection (d), the permitted hours of sale for alcoholic beveraqes shall be subiect to
future modifications bv the Citv Commission, pursuant to the Citv's express statutory
authoritv to requlate hours of sale for alcoholic beveraqes as set forth in Sec. 562.14,
Florida Statutes.
SECTION 2. Chapter 7, "Zoning Districts and Regulations", Article II. "District Regulations", is
hereby amended as follows:
CHAPTER 7. ZONING DISTRICTS AND REGULATIONS
* * �
ARTICLE II. DISTRICT REGULATIONS
* � *
7.2.9 RO RESIDENTIAL/OFFICE DISTRICT
* * *
7.2.9.2 Uses (RO)
* * *
d. Supplemental Prohibited Uses Regulations (RO)
The Supplemental Prohibited Uses Regulations are as follows:
Page 2 of 3
1. Alcoholic beverage establishments pursuant to the regulations set forth in chapter 6 in
General Ordinances, are a prohibited use. Notwithstandinq the foreqoinq, alcohol sales
mav be permitted for existinq cafes meetinq the criteria set forth in section 2.12.5.d.
2. All uses not listed as a main permitted or conditional use are also prohibited, unless �
otherwise specified.
SECTION 3. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be
and the same are hereby repealed.
SECTION 4. CODIFICATION.
It is the intention of the City Commission, 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 as amended;
that the sections of this ordinance may be renumbered or relettered to accomplish such intention;
and that the word "ordinance" may be changed to "section" or other appropriate word.
SECTION 5. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be.affected by such invalidity. �
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten (10) days following adoption.
PASSED AND ADOPTED this a3 day of �l`� o�.S',
.
ATTEST:
Steven Meiner, Mayor
JUL � 5 1025
Rafael E. ranado, City Clerk l�•B„�,, APPROVED AS TO
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�''�"4�c•H 2�,���` City Atto ney �� Date
First Reading: May 21, 2025 "�������"
Second Reading: July 23, 2 25
Sponsored by Commissioner Laura Dominguez
Verified by:
Thomas R. ooney, AICP
Planning Director
T:Wgenda�2025\05 May 21,2025\Planning\RO District Regulations Alcohol Sales in Nonconforming Uses-LDR-First Reading
ORD.docx
Page 3 of 3
Ordinances - R5 R
I��ANII �E�� H
. COMMtSSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: July 23, 2025 10:46 a.m. Second.Reading Public Hearing
TITLE: RO DISTRICT REGULATIONS FOR ALCOHOL SALES IN NONCONFORMING
USES— LDR AMENDMENT
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI
BEACH, SUBPART B, ENTITLED, "LAND G�VELOPMENT REGULATIONS," BY
AMENDING CHAPTER 2 ENTITLED "ADMINISTRATION AND REVIEW
PROCEDURES",ARTICLE XII, ENTITLED"NONCONFORMITIES," BY AMENDING
SECTION 2.12.5, ENTITLED "NONCONFORMING USE OF BUILDINGS," TO
ESTABLISH REQUIREMENTS FOR NONCONFORMING CAFES SERVING
ALCOHOL AND LOCATED ON ALTON ROAD; BY AMENDING CHAPTER 7
ENTITLED, "ZONfNG DISTRICTS AND REGULATIONS", ARTICLE II, ENTITLED,
"GEIVERAL TO ALL ZONING DISTRICTS", DIVISION 7.2.9 ENTITLED, "RO
, RES�DENTIAUOFFICE DISTRICT," BY AMENDING SECTION 7.2.9.2, ENTITLED
" USES (RO)," TO ALLOW ALCOHOL SALES IN EXISTlNG CAFES; PROVlDING
FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
RECOMMENDATlON
The Administration recommends that the Mayor and City Commission (City Commission) adopt
the ordinance.
BACKGROl1ND/HISTORY
On December 11, 2024, at the requesf of Commissioner Laura Dominguez, the City Commission
referred a proposal pertaining to alcohol sales in the Residential Office (RO) district (C4 J) to the
Land Use and Sustainability Committee (LUSC). On January 16, 2025, the LUSC recommended
that the City Commission refer applicable amendments to the Planning Board, in accordance with �
the recommendations in the LUSC memorandum, and the following:
1. The number of seats shall not exceed ten,(10).
2. A vesting provision shall be included.
On February 26, 2025, at the request of Commissioner Laura Dominguez, the City Commission
referred the subject ordinances to the Planning Board (C4 D}.
ANALYSIS
Properties along the east side of Alton Road, between 12th and 14th Streets, are currently zoned
Residential Office (RO) on the City's zoning map. This area was rezoned from commercial (CD-
2) to RO in 1998. At present, alcoholic beverage establishments, including restaurants serving
beer and wine, are not permitted in the RO district.
The awner of a plant and garden nursery, located at 1239 Alton Road, which also operates an
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accessory cafe and bakery, has proposed adding the sale of alcoholic beverages {beer and wine
only)to the cafe. The nursery and cafe are considered non-conforming uses, as they predate the
1998 zoning change. Although these uses are allowed to continue, they cannot be expanded.
Therefore, permitting alcohol sales at the premises would constitute an expansion of a non-
conforming use.
To facilitate the sale of alcohol at this location, the attached ordinance amending the Land
Development Regulations of the City Code (LDRs) is proposed. The following is a summary of
the proposed amendments:
1. Chapter 2, Article VII of the LDRs, pertaining to nonconformances, will be amended to permit
the expansion of a non-conforming cafe in the RO district and affow the limited sale of beer
and wine, in accordance with specified requirements and criteria.
2. Cfiapter 7, Article II of the LDRs, regarding the development regulations in the R�district, will
be amended to permit, on a limited basis, the sale of alcoholic beverages within existing cafes
in the RO district, in accordance with the specified requirements and criteria in Chapter 2.
fn addition to the proposed LDR amendments, a separate, companion amendment to Policy RLU
1.1.1 of the Comprehensive Plan, pertaining to the RO future land use classification is also
proposed_ Specifically, the Comprehensive Plan is proposed to be amended to include the sale
of beer and wine, as an accessory use to existing cafes, in accordance with the requirements
more specifically described in the LDRs.
The area along the east side of Alton Road, between 12th and 14th Streets, was re-zoned to RO
primarily due to its proximi�y to an established single-family zoning district to the east. The alley
(Lenox Court) separates the properties in the RO district from the residential homes on Lenox
Avenue. Given this context, careful consideration has been given in drafting the proposed
amendments to regulate alcohol sales in this area. Since the proposal is limited to existing cafes
and the sale of alcohol would only be allowed under specific conditions, the overall impact of
these changes is anticipated to be minimal.
PLANNING BOARD REVIEW
On April 8, 2025, the Planning Board held a public hearing and transmitted the proposed
ordinance to the City Commission with a favorable recommendation (7-0}.
UPDATE
On May 21, 2025, the City Commission approved the subject ordinance at First Reading, with no
changes.
FISCAL IMPACT STATEMENT '
No Fiscal Impact Expected
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY) �
If applicable, the Business lmpact Estimate (BIE) was published on: 6/20/2025
See BIE at: https://www.miamibeachfl.aov/citv-halllcitv-clerk/meetinp-notices/
FINANCIAL INFORMATION
Not Applicable
CONCLUSION
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The Administration recommends that the City Commission adopt the ordinance.
Appiicable Area
South Beach ,
Is this a "Residents Ripht to Know" item, Is this item related to a G.O. Bond
pursuant to Citv Code Section 2-17? Prolect? �
Yes No
Was this Actenda Item initiallv reQuested bv a lobbvist which, as defined in Code Sec. 2-481,
includes a principal enQaQed in lobbvinq? Yes
If so, specify the name of lobbyist(s) and principal(s): Gus Gutierrez, Alton Road Nursery
Department
Planning �
Sponsor(s)
�
Commissioner Laura Dominguez
Co-sQonsor(s)
Condensed Title
10:46 a_m. 2nd Rdg, RO Dist Regs/Alcohol Sales in Nonconf Uses-LDR Amendment. (LD) PL
5/7
Previous Action (For Citv Clerk Use Onlv) •
First Reading Public Hearing on 5/21/2025 - R5 L
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