C4G-Ref- LUDC - Accessory Uses Permitting Restaurants In Historic Structures -EMIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
TO:
FROM:
DATE:
SUBJECT:
Jimmy Morales, City Manager
Rafael E. Granado, City Clerk
Jose Smith, City Attorney
Jorge R. Exposito, Commissioner
October 9, 2013
Referral to Land Use Committee:
RM2
MEMORANDUM
Please place this item on the October 16,2013, Commission Meeting Agenda for the referral to
Land Use Committee for consideration of establishing acceptable accessory uses permitting
restaurants in contributing historic structures within the RM2 cultural arts neighborhood
overlay district. ·
We trust that you will find all in good order. Should you have any questions, please feel free to
contact my Aide, Nattaly Cuervo at 6457.
Best regards,
JE/nc
VVe are committed to provkiing excelienr oubl,c seNicc! and'"-',., •. to of! ,vi!."J live. work. and play in our vilwmr. rropical, hi: Agenda Item C t(' G-
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Date IO-Ib -£3
ORDINANCE NO.--------
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, 11ZONING
DISTRICTS AND REGULATIONS," ARTICLE IV, "SUPPLEMENTARY
DISTRICT REGULATIONS," DIVISION 2, "ACCESSORY USES,"
SECTION 142·902, ''PERMITIED ACCESSORY USES," PERMITIING
RESTAURANT USES IN CONTRIBUTING HISTORIC STRUCTURES IN
THE RM·2 DISTRICT WITHIN THE CULTURAL ARTS
NEIGHBORHOOD DISTRICT OVERLAY; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. Chapter 142, "Zoning Districts and Regulations," Article IV, "Supplementary
District Regulations," Division 1, "Accessory Uses," Section 142-902, of the Land Development
Regulations, are hereby amended to read as follow:
ARTICLE IV, Supplementary District Regulations
* * *
DIVISION 2. Accessory Uses
* * *
Sec. 142-902. Permitted accessory uses.
The following are permitted accessory uses:
(1) a. Hotels not located in the RM-1 or RM-2 district are permitted to have any
accessory use that is customarily associated with the operation of a hotel or
apartment building.
b. Hotels located in the RM-2 district are permitted to have any accessory use that
is customarily associated with the operation of a hotel or apartment building,
except for dance halls, entertainment establishments, neighborhood impact
establishments, outdoor entertainment establishments or open air
entertainment establishments.
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c. Where permitted, hotels located in the RM-1 district may have accessory uses
based upon the below criteria:
1. A dining room operated solely for registered hotel visitors and their
guests, located inside the building and not visible from the street, with no
exterior signs, entrances or exits except as required by the South Florida
Building Code.
2. Other accessory uses customarily associated with the operation of an
apartment building, as referenced in subsection 142-902(2), for the use
of registered hotel visitors and their guests only.
(2) Apartment buildings may have accessory uses based upon the below criteria:
a. Mechanical support equipment and administrative offices and uses that
maintain the operation of the building.
b. Washers and dryers shall be located inside a structure or not visible from a right-
of-way.
c. A dining room which is operated solely for the residents in the building shall be
located inside the building and shall not be visible from the street with no
exterior signs, entrances or exits except for those required by the South Florida
Building Code. However, a dining room shall not be allowed in the RM-1 district
except for those dining rooms associated with adult congregate living facilities.
d. Public telephones and vending machines shall only be permitted to be located
inside buildings; however, one public telephone may also be permitted outside,
as long as it is not located in a required front yard, required side yard facing a
street, or on a facade facing a street; the exact location and manner of
placement of all public telephones shall be subject to design review approval.
One automatic teller machine shall be permitted on the exterior walls of
buildings, when associated with an accessory commercial use allowed under
subsection 142-902(2)e., except in historic districts. The exact location and
manner of placement for automatic teller machines shall be subject to design
review approval.
e. Buildings in the RM-3 and R-PS4 districts may have commercial, office, eating or
drinking uses with access to the street if they are either located in the ground
floor space, subterranean level or in the highest floor of a building; however,
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office space, when located on the ground floor, shall be at least 50 feet from the
front property line.
f. Solarium, sauna, exercise studio, health club or massage service for use by
residents or open to the public by an individual licensed by the state or other
appropriate agencies.
g. Any accessory commercial use as permitted herein shall be located on the lobby
or first floor if there are no apartment units on such levels. This provision shall
not apply to home based business offices as provided for in section 142-1411.
h. Family day care centers as defined in subsection 142-905(b)(l).
i. One property management office for the purpose of managing residential units
within the building as well as residential units located in other buildings under
common beneficial ownership, as long as the total number of units does not
exceed a maximum of 100 units.
j. Buildings in the RM-2 district in the area bounded by Indian Creek Drive, Collins
Avenue, 41st Street and 44th Street that face the RM-3 district may have
restaurant, coffee house, sundry shops, or food market uses located in ground
floor space not to exceed 70% of the ground floor. These uses may have direct
access to the street. Dance halls, entertainment establishments, neighborhood
impact establishments, outdoor entertainment establishments, or open air
entertainment establishments are not permitted. Outdoor music (including
background music) is prohibited. Any outdoor uses on Indian Creek Drive shall be
limited to no later than 11:00 p.m. Parking requirements for accessory
commercial uses in newly constructed buildings must be satisfied by providing
the required parking spaces, and may not be satisfied by paying a fee in lieu of
providing parking. There shall be no variances from these provisions.
k. Contributing structures in the RM-2 district within the Cultural Arts
Neighborhood District Overlay (CANDO) district that have historically operated a
restaurant are permitted to operate a restaurant open to the public which does
not exceed 90 seats.
SECTION 2. Repealer.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
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SECTION 3. Severability.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions ofthis ordinance.
SECTION 4. Codification.
It is the intention ofthe 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 a 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 5. Effective Date.
This Ordinance shall take effect the_ day of __ _~ 2013.
PASSED and ADOPTED this __ day of-------' 2013.
ATTEST:
MATTI HERRERA BOWER, MAYOR
RAFAEL E. GRANADO, CITY CLERK
Underline denotes additions and strike tl:lrel-:lgl:l denotes deletions
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