C4H-Ref- Planning Board - Amendments To Chapter 6 Chapter 114 And Chapter 142 -MIAMIBEACH
City of Miomi Beoch, 1200 Convention Center Drive, Miomi Beoch, Florido 33.I39, www.miomibeochfl.gov
COAAMISSION MEMORAN DUM
SUBJECT: REFERRAL TO THE PLANNING BOARD -
PROPOSED AMENDMENTS TO CHAPTER 6, CHAPTER 114, AND GHAPTER
142 OF THE CITY CODE MODIFYING AND GLARIFYING DEFINITIONS,
REGULATIONS AND REQUIREMENTS FOR ALCOHOLIC BEVERAGE
ESTABLISHMENTS AND AGCESSORY USES, AND MODIFYING THRESHOLD
STANDARDS FOR NEIGHBORHOOD !MPACT ESTABLISHMENTS
ADMI NISTRATION REGOMMENDATION
Refer the proposed Ordinance Amendments to the Planning Board for consideration and
recommendation.
BACKGROUND
On July 9,2014, the Land Use and Development Committee (LUDC) proposed amendments to the
City Code pertaining to allowable Accessory Uses and Neighborhood lmpact Establishments as
part of a discussion of the following items:
1. Alcoholic Beverage Establishments (Chapter 6);
2. Requirements for determining the size and square footage of "Accessory Uses" in relation
to the main permitted use; and
3. The clarification of threshold standards for Neighborhood lmpact Establishments.
On July 23, 2014, the Mayor and the City Commission referred to the Land Use and Development
Committee (ltem C4K) for further discussion proposed amendments to the City Code pertaining to
the items listed above. On December 10, 2014, the Land Use Committee recommended thatthe
City Commission refer the subject Ordinance Amendments to the Planning Board.
The current sponsor of the proposed Ordinances is Commissioner Joy Malakoff.
BACKGROUND / ANALYSIS
Staff has identified areas of the alcoholic beverage section of the City Code (Chapter 6) that are in
need of updating and clarification. As part of this analysis, the applicable sections of Chapter 142,
pertaining to zoning districts and accessory use regulations were examined. The changes
proposed herein would eliminate contradictions within Chapter 6 regarding hours of operation and
would better coordinate with existing regulations located in the Land Development Regulations
(LDR's). Finally, standard language for all alcoholic beverage establishments has been proposed
regarding neighborhood compatibility, as well as extra security requirements in commercial areas
Agenda ttem CUH
Date l-lg-lS -
To: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: January 14,2015
City
181
Commission Memorandum
Referral to Planning Board - Alcoholic Beverage Ordinance
January 14, 2015 Page 2 of 2
and mixed use entertainment zoning districts.
ln addition to consolidating all the provisions for alcoholic beverage establishments into Chapter 6
in regards to location, hours, and areas, the proposed legislation also relocates the applicable
alcoholic beverage sections from the LDR's to Chapter 6. For clarification purposes, permitted
alcoholic beverage uses have been included in each individual zoning district in Chapter 142 of lhe
LDR's.
ln the process of identifying additional definitions that needed updating and clarification in Chapter
6, staff also identified definitions to update and clarify in Chapter 114 of the LDR's. Finally,
language that clarifies thresholds for accessory uses, and neighborhood impact establishments by
their overall size, instead of the occupant content, and provides criteria to be used when there are
multiple establishments on the same property is also proposed.
SUMMARY
Below is a summary of the proposed changes within the attached Ordinances:
1. Consolidating all alcoholic beverage regulations into one chapter (Chapter 6);
2. Adding applicable alcoholic beverage establishment uses in the individual zoning districts
(Chapter 142);
3. Adding a definition of accessory use based on a percentage of the floor area of the main
use (Chapter 142);
4. Clarifying the thresholds for neighborhood impact establishments (Chapter 142);
5. Providing criteria for multiple alcoholic beverage establishments and/or entertainment
establishments on one property;
6. Adding neighborhood compatibility requirements for all alcoholic beverage establishments
instead of only having extra requirements for projects that go before a land use board;
7. Adding extra security requirements for alcoholic beverage establishments in commercial
and mixed use districts;
8. Modifying the hours of operation for all alcoholic beverage establishments operating South
of Fifth Street and within close proximity to residential uses;
9. Adding a prohibition on retail alcohol sales in residential districts;
10. Clarifying the accessory use percentages applied to outdoor areas;
11. Creating a waiver for NIE's in the Convention Center zoning district (CCC);
12. Clarifying the definitions for certain types of transient uses that have allowable accessory
uses (e.9.'Apartment-Hotel').
13. Better defining what types of 'Accessory Uses' are permitted within hotels located in
residential districts.
ln addition to the foregoing, the draft Ordinances attached also include modifications
recommended by the Land Use Committee on December 10,2014.
CONCLUSION
ln accordance with the December 10, 2014 recommendation of the Land Use and Development
Committee, the Administration recommends that the Mayor and the City Commission refer the
attached Ordinance Amendments to the Planning Board.
JNMlTffi
T:\AGENDA\201SUanuary\Referral to Planning Board - Alcohol Ordinance MEMO.docx
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ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CIry OF
MIAMI BEACH, FLORIDA, AMENDING SUBPART A - GENERAL
ORDINANCES, CHAPTER 6 "ALGOHOLIC BEVERAGES" OF THE GODE OF
THE CITY OF MIAMI BEACH, AMENDING SUBPART B . LAND
DEVELOPMENT REGULATIONS CHAPTER 142 ARTICLE II. . DISTRICT
REGULATIONS, DIVISION 20. . TC NORTH BEACH TOWN CENTER
DISTRICTS, ARTICLE V. . ARTICLE V. . SPECIALIZED USE REGULATIONS
DIVISION 4. ALGOHOLIC BEVERAGES TO ENSURE THAT ALL
REGULATIONS RELATING TO ALCOHOL REGULATION ARE IN ONE
LOCATION; REMOVING ALL REGULATION OF ALCOHOLIC BEVERAGE
ESTABLISHMENTS FROM GHAPTER 142 AND PLACING THOSE
PROVISIONS lN CHAPTER 6; PROVIDING FOR DEFINITIONS; HOURS OF
OPERATION; DISTANCE SEPARATION; MINIMUM SEATS AND HOTEL
ROOMS; PROVIDING FOR NEIGHBORHOOD COMPATIBILIil CRITERIA;
PROVIDING FOR ENHANGED SECURITY PROVISIONS FOR CERTAIN
DISTRICTS WITH ALCOHOL ESTABLISHMENT USES; PROVIDING FOR
REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
WHEREAS, Alcoholic Beverages are addressed in Chapters 6, entitled "Alcoholic
Beverages," and in Chapter 142 entitled "Zoning District Regulations"; and
WHEREAS, to ensure that all regulations relating to alcoholic beverages are clear
and concise and in one location of the code that is logical and convenient to user; and,
WHEREAS, the amendment set forth below is necessary to accomplish the
objectives identified above.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 6, "Alcoholic Beverages" is amended, as follows:
Section 6-1. Purpose.
To achieve the purposes of this Chapter and to provide for the general welfare and safety of the
public, it is necessary that regulations be established relating to the location, size and hours of
operation, and patron age of uses that permit the sale and consumption of alcoholic beverages.
Section 6-2. Licenses.
(a) No vendor shall sell or distribute any alcoholic beverages without securing a license from
the Florida Division Of Alcoholic Beverages And Tobacco Of The Department Of Business
And Professional Regulation-ef{he*te ("State License"). A service charge as specified in
Appendix A shall be paid by an applicant requesting the review of an application to the state
for an ahene$e+everage State lLicense. The purpose of this charge is to defray the cost to
the City for the verifieatien ef a eerreet
preximity te plaees ef wership and/er seheels review of the reoulations enumerated in herein
Chapter 6, ien and any other zoning inspection
and/or review that may be applicable to the review of such an application.
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(b) Censideratien ef a request fer a private elub Cenditienal Use permit; ineluding the heurs ef
ines-as
Sec. 6-3. Hours of Sale@!g!!6.
(a) The hours of sale of alcoholic beverages, whether as a perml
shall require a State License. and shall be according to the following schedule, except as
may be otherwise provided pursuant to subsection (7) (Q):
(1) Retail stores for package sales only- off premises consu. Vendors
in mav
make sales of alcohol between the hours of 8:00 a.m. and midnight en-eny+ay-e++ne
week.
(2) Retail stores, including grocery, --aRC-convenience stores, and gasoline
service/filling stations - off premises consumption,
t*se+which primarily offer for sale products other than alcoholic beverages may make
sales of beer and wine in-sealed-+entainers-between the hours of 8:00 a.m. andmidnight@.
(3) All establishments with state licensure lieensed as an alcoholic beverageestablishments@-onpremiseconsumptiononly,eithe++s
ien
@in mav make sales of alcohol between the hours of 8:00 a.m.
and 5:00 a.m. en any day ef the week,
a. Restaurants with full kitchen facilities, serving full meals, Iicensed as
alcoholicbeverageestablishments@,butnotoperatingas
dance halls or entertainment establishments, may remain open 24 hours a day;
however, alcoholic beverages may not be offered for sale or on-premises
consumption between the hours of 5:00 a.m. and 8:00 a.m.
b. Restaurants with full kitchen facilities, serving full meals, licensed as
alcoholicbeverageestablishments@,andalsooperatingas
dance halls, or entertainment establishments, may remain open 24 hours a day;
however, alcoholic beverages may not be offered for sale or on-premises
consumption between the hours of 5:00 a.m. and 8:00 a.m., and dancing and
entertainment shall not be conducted between the hours of 5:00 a.m. and 10:00
a.m.
c.otheralcoholicbeverageestablishments@,not
containing restaurants with full kitchen facilities, shall close at 5:00 a.m. and_keep
remain closed. the place ef busine al{ow--any No patron or other
persons, other than those employed by the vendor EAy;-4e-remain on the
premises therei+between the hours of 5:00 a.m. and 8:00 a.m.
Nete, Fer purpeses ef this seetien; full kitehen faeilities shall mean having eemmereial
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must eentain grease trap intereepters' and meet all aBBlieable City' eeunty and
stat*ed€sr
(4) Off-premises package sales associated with alcoholic beveraqe establishments
other than retail stores shall be permitted between the hours of 8:00 a.m. and {{+o0p+ midniqht. fer all establishments lieensed as aleehelie beverage establishments,
(5) Consideration of a request for a private club Conditional Use permit, includino the
hours of operation. shall be pursuant to the Conditional Use Procedures and Review
Guidelines as listed in section 118-191 et seq. in
er aeeessery use; shall be eensidered pursuant te subseetien 6 2(a), Hours of operation
and the consumption of alcoholic beverages will be considered between the hours of
8:00 a.m. and 5:00 a.m., Monday through Sunday, provided that service is made only to
members and guests of members as provided under the ++*rs+rant-te Florida Statutes.
However, any private club permitted to remain open after 2:00 a.m. shall purehase-an
extra heurs lieense a provide for security in its premises by hiring private
security guards or off-duty police officers between the hours of 2:00 a.m. and 5:00 a.m.
each day. Private clubs securing a State Llicense frem the state Divisien ef aleehelie
@bycomplyingwiththerequirementsofFlorida'Statute.s561.20
for racquetball, tennis or golf course facilities may admit members at any time for use of
such facilities, but may not serve alcoholic beverages after 2:00 a.m. each day unlesssuchprivateclubistheholderofanextra-hoursand
complies with the above requirements.
the City may initiate preeeedlngs te reveke the Certifieate ef Use; eeeupatienal lieense er
vielatiens may be punished as seeend degree misdemeaners' as previded in F,S, SS
775,882 and775,883,
(6) Alcoholic beverage establishments set forth in subsections (3) and (5) permitted
to remain open to serve alcoholic beverages for on-premises consumption until 5:00
a.m. may continue to serve alcoholic beverages (i) until 7:00 a.m. on January 1 (New
Year's Day) or, if January 1 is on a Sunday, until 7:00 a.m. on Monday if the day that is
observed as a national holiday for New Year's Day is on Monday, and (ii) until 7:00 a.m.
during certain major event days or weekends as may be designated by the City
Commission or as may be designated by the City Manager following approval by the City
Commission, under the following conditions:
a. The police department and the code compliance Division of the City must
be notified by a letter, received no later than 15 business days prior to either (a)
January 1 or (b) the day on which alcohol sales are to be extended, stating that
the alcoholic beverage establishment intends to serve alcoholic beverages for
on-premises consumption until 7:00 a.m.;b. lf deemed reasonably necessary by the police chief, or the police chiefs
designee, off-duty police officers must be provided at the alcoholic beverage
establishment until 7:00 a.m.;c. There are no pending City Code violations against the alcoholic beverage
establishment;d. No delinquent or past due monies are owed to the City;
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e. Outdoor entertainment or open-air entertainment is not allowed;f. No violation of the City's noise ordinance shall be permitted;g. No violation of the approved fire code occupancy load shall be permitted;
h. All required City permits and licenses are current;i. The State License is current; andj. Any other conditions required by the City Manager in order to protect the
public health, safety, or welfare.
A Alcoholic beverage establishments set forth in subsections (3) and (5) permitted
to remain open to serve alcoholic beverages for on-premises consumption until 5:00
a.m. may continue to serve alcoholic beverages until 6:00 a.m. on the first day of
daylight savings time in the spring.
(g) Alcoholic beveraoe establishments located in the Performance Standard Districts
south of Fifth Street shall complv with the area and hours restrictions listed hereinafter
unless a Conditional Use is obtained pursuant to the section 1 18-191 , et seq.:
a. Anv open area above the qround floor shall not operate within the hours
of 8.00 p.m. and 10:00 a.m.
b. Anv oround floor outdoor or open area of an alcoholic beveraoe
establishment in a Residential Performance Standard District shall not operate
within the hours of 11:00 p.m. and 8:00 a.m.. Sundavs throuqh Thursdavs: and
within the hours of 12:00 p.m. midnioht and 8:00 a.m.. Fridavs and Saturdavs.
Sidewalk cafes mav not operate within the hours of 8:00 p.m. and 8:00 a.m.,
Sundavs throuqh Thursdavs: and within the hours of 10:00 p.m. and 8:00 a.m.,
Fridavs and Saturdavs.
c. Anv oround floor outdoor or open area of an alcoholic beveraoe
establishment_otsidewalk caf6 in a Commercial Performance Standard District
shall not operate within the hours of 2:00 a.m. and 8:00 a.m.
d. Anv oround floor outdoor or open area of an alcoholic beveraqe
establishment in a Commercial Performance Standard District that is within 100
feet of a propertv with a residential unit shall not ooerate within the hours of
11:00 p.m. and 8:00 a.m. Sundavs throuoh Thursdavs. and within the hours of
12:00 p.m. midniqht and 8.00 a.m. Fridavs and Saturdavs. and sidewalk cafes
within the hours of 8:00 p.m. and 8:00 a.m. Sundavs throuoh Thursdavs. and
within the hours of 10:00 p.m. and 8:00 a.m. Fridavs and Saturdavs.
(9) Alcoholic beveraoe establishments located in the North Beach Town Center and shall
not offer for sale the on-premises consumption of alcoholic beveraoes within the areas
and durino the hours listed hereinafter unless a Conditional Use is obtained pursuant to
the section 118-191. et seo.:
a. ln the TC-1 district. anv accessorv outdoor bar counters shall not be
operated or utilized between midnioht and 8:00 a.m.: however, accessorv
outdoor bar counters located within 100 feet of an apartment unit mav not be
operated or utilized between 8:00 p.m. and 8:00 a.m. However, outdoor
restaurant seatinq. not exceedino 40 seats, associated with indoor venues mav
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be permitted in anv open area above the qround floor until 8:00 p.m. with no
backoround music (amplified or nonamplified).
b. ln the TC-3 (c) district. anv alcoholic beveraqe establishment shall be
limited to beer and wine and close no later than 42 midniqht. subiect to limitations
established in the Conditional Use Process.
(10) The Citv Manaqer mav suspend the provisions of subsection (6) at anv time to
protect the public health. safetv, or welfare.
(b) ViolaflonVSpecial Masfer. Upon a findinq bv the special master that a violation of this
section has occurred. the Citv mav initiate proceedinos to revoke the Certificate of Use.
occupational license business tax receipt, or Certificate of Occupancv of the violator. ln
addition, this section mav be enforced and violations mav be punished as second deqree
misdemeanors. as provided in Florida Statutes Q$ 775.082 and 775.083.
Section 6-4. Location and use restrictions.(a) Generally. The following location and use restrictions are applicable for facilities selling or
offering alcoholic beverages for consumption:
(1) Educational facilities. No alcoholic beverage shall be sold or offered for
consumption in an alcoholic beveraoe establishment, includinq bottle clubs, in+
Gemmer€ia}-use within 300 feet of any property used as a public or private school
uses in the eivie and eenventlen eenter (CCC) distriet; hespital (HB) distriet er within 300
a. Restaurants operatinq with full kitchens and servino full meals for
consumption on the premises:
b. Civic and Convention Center (CCC) district;c. Hospital (HD) district: andd. Within 300 feet of a marina.
(2) Places of worship. No alcoholic beverage shall be sold or offered for
consumption in a eemmereial use; exeept in restaurants fer eensumptien en the
pr€mise€r in a alcoholic beveraoe establishment, includino bottle clubs. within 300 feet of
any property used as a place of worship, exceot in restaurants operatinq with full
kitchens and servino full meals for consumption on the premises.
(5) Filling station. No liquor as defined bv Florida Statute $ 568.01 shall be sold or
offered for consumption on or off the premises of any filling station.
ip=
(b) Determination of minimum distance separation.
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(1) For purposes of determining the minimum distance separation, the requirement
shall be measured by following a straight line from the main entrance or exit in which the
use associated with alcoholic beverages occurs to the nearest point of the property used
for a public or private school. ln cases where a minimum distance is required between
two uses associated with the alcoholic beverages for consumption on or off the premises
other than a public or private school, the minimum requirement shall be determined by
measuring a straight line between the principal means of entrance of each use.
(2) When a distance separation is required, a scaled survey drawn by a registered
land surveyor shall be submitted attesting to the separation of the uses in question. This
requirement may be waived upon the written certification by the planning anO+ning
director that the minimum distance separation has been met.
(c) Variances. Variances to the provisions of this section may be granted pursuant to the
procedure in section 1 18-351 . et seq.
Section 6-6. Minimum seats and hotel room requirements:
Vendors shall be permitted to sell alcoholic beveraoes within zonino districts if such district
permits as a permitted main use or accessorv use one of the followino: Restaurant. bar.
alcoholic beveraoe establishment, outdoor cafe. private club. hall for hire or oolf clubhouse
pursuant to the followinq standards:
(Q Permifted main uses:
a. Restaurants. alcoholic beveraoe establishments. and private clubs shall
be permitted to sell alcoholic beveraoes for consumption on the premises based
upon the followino: when beer and wine are served a minimum of 30 seats shall
be provided: and when, beer. wine and liquor are served, a minimum of 60 seats
shall be provided.
b. Outdoor cafes. when visible from or facinq a public street and associated
with (a) above. shall have a minimum of 20 seats in order to be permitted to sell
alcoholic beveraqes for consumption on the premises.
c. Outdoor cafes. when not visible from or on a public street, allev. or wav,
and associated with (a) above. shall have no minimum seatinq requirement and
shall be permitted to sell alcoholic beveraqes onlv for consumption on the
premises.
d. Golf clubhouse located on a qolf course shall be permitted to sell
alcoholic beveraoes onlv for consumption on the premises.
tA Accessory uses. Hotels, aoartment-hotels, or apartments. shall be permitted to
have accessorv uses on site. which sell alcoholic beveraoes pursuant to the following
minimum standards:
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a. Bars, alcoholic beveraqe establishments. restaurants, or private clubs
which have a minimum of 40 seats shall be permitted to sell alcoholic beveraoes
for consumption on or off the premises.
b. Outdoor cafes when visible from a public street which have a minimum of
20 seats are permitted to sell alcoholic beveraoes for consumption onlv on the
premises.
c. Outdoor cafes when not visible from a public street. allev. or wav. shall
have no minimum seatino requirement and shall be permitted to sell alcoholic
beveraqes onlv for consumption on the premises.
d. Golf clubhouse: when located on a oolf course. the sale of alcoholic
beveraqes is permitted onlv for consumption on the premises.
e. Hotels. when requestino a "S" Class State License shall be required to
demonstrate that thev complv with all applicable Florida Statutes.
Section 6-7. Exemptions.(a) Notwithstandino anv other provision of this Chaoter. the sale of beer for off-premises
consumption bv a vendor licensed bv the State shall be exempt from the reoulations in Section
6-4. and Section 6-6. However. the sale bv such vendor of alcoholic beveraqes other than beer
and of beer for on-premises consumption shall be conducted in accordance with the provisions
of Section 6-6.
(b) Nothino herein shall be construed to restrict sales of alcoholic beveraoes in the Civic and
Convention Center District or Government Use Districts.
Section 6-8. Neiqhborhood Compatibilitv Requirements.
Under the provisions of this Chapter, a new Certificate of Use and/or Business Tax Receipt shall
not be issued for anv alcoholic beveraqe establishment, without submittino evidence of
comolvino with the followino requirements:
(1) All alcoholic beverase establishments shall have a litter abatement proqram.
certified bv the Division of Sanitation. Such proqram shall include the followinq items:
a. AII trash receptacles. excludinq dumpsters, shall be located inside of a
structure and shall be placed in the public riqht-of-wav on pick-up davs onlv.
b. All oarbaoe pickups and service deliveries shall not take olace between 5
p.m. and 8 a.m.:
c. All litter shall be cleared from the site. the adiacent public riqht-of-wav and
anv accessorv parkino lot on a dailv basis:
d. The establishment shall sweep the public rioht-of-wav adiacent to the
petitioned site and anv accessorv parking lot dailv and shall periodicallv clear it
with a pressure washino hose as needed:
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(2) The establishment shall screen anv dumpster used in coniunction with site. which
is visible from the public rioht-of-wav or parkino area with a six-foot opaque fence with
oates. No dumpster is permitted to be placed within the public rioht-of-wav.
(3) Equipment and supplies shall not be stored in areas visible from adiacent streets.
allevs or nearbv buildinos.
(4) lf installino a kitchen, the establishment shall install an exhaust svstem, as
required bv Code. that will substantiallv reduce orease and smoke that would otherwise
escape to the surroundino area. This mav include the installation of a fan in connection
with the kitchen exhaust svstem within the interior of the buildino in order to reduce noise
levels.
(5) Anv outdoor or rooftop areas utilized as part of the alcoholic beveraoe
establishment shall complv with the followinq operational and noise attenuation
requirements and limitations:
a. Outdoor bar counters within 100 feet of a propertv with a residential use
shall require Conditional Use approval.
b. No exterior loudspeakers are permitted except those necessarv for fire
and life safetv purposes. unless approved pursuant to the Conditional Use
Procedures and Review Guidelines as listed in section 1 18-191 . et seq.:
c. All entertainment is prohibited in the exterior spaces of the propertv
unless approved pursuant to the Conditional Use Procedures and Review
Guidelines as listed in section 118-191, et seq.:
d. Rooftop accessorv bar counters shall require either Desion Review or
Historic Preservation Board approval:
e. All rooftop food and beveraoe services shall cease no later than 8:00
p.m., unless hours of operation are extended pursuant to the Conditional Use
Procedures and Review Guidelines as listed in section 118-191. et seq.:
Section 6-9. Securitv Requirements for Commercial Districts and the Mixed Use
Entertainment Districts
(a) Conditions for approval in the specified districts above. \Nhenever an alcoholic beverase
establishment is located within a Commercial District and the Mixed Use Entertainment
District and the establishment is approved for alcoholic beveraoe sales for on-site
consumption. the establishment shall complv with the followinq:
([) Secunty. lf, at anv time. the propertv use is a alcoholic beveraoe establishment
and/or an entertainment establishment as defined in this Chapter and Chapter 142, the
followino shall be provided. on site:
a. Exterior securitv officers consistinq of off-dutv (extra-dutv) sworn law
enforcement officers, of a number as determined appropriate in an application to
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the law enforcement aqencv requestinq the same, which number shall not be
less than two (2). orovided however. one (1) exterior securitv officer mav be
permitted in the event two (2) immediatelv adiacent establishments mutuallv
utilize the same two (2) officers. and said arranqement is approved bv the Citv of
Miami Beach Police Department. Exterior securitv officers shall onlv be required
if the establishment is an entertainment establishment.
b. lnterior securitv personnel of a number equalinq one (1) securitv officer
per one hundred (100) occupants. for establishments with an occupant load in
excess of 99 persons.
c. When required. interior and exterior securitv personnel shall be provided
for all hours the premises is open to the public.
ARTICLE I!. CONDUCT
Section. 6-36. Definitions.
The following words, terms and phrases, when used in this e#iele Chapter, shall have the
meanings ascribed to them in this section or if not defined in this Chapter. the meanino ascribed
to them in Chaoters 114 and 142, except where the context clearly indicates a different
meaning:
A/coholic beveraoe sa/es-On premlses means the sale of beveraoes in open containers for
consumption on the premises onlv.
A/coholic beveraoe sa/es-Packaoe means the sale of beveraoes in sealed containers for
consumption off the premises.
Ful/ krtchen faclrties means havinq commercial orade burners, ovens and refrioeration units of
sufficient size and quantitv to accommodate the occupancv content of the establishment. Full
kitchen facilities must contain orease trap interceptors, and meet all applicable Citv, countv and
state codes.
PrmarTv means that more than fiftv (50) percent of the floor area of a retail establishment shall
be dedicated to the sale of alcoholic beveraoes. And in the instance of a restaurant. at least
fiftv-one (51) percent of the qross income of the restaurant must be derived from the sale of
prepared food.
Schoo/ means a facilitv providino a curriculum of elementarv and secondarv academic
instruction. includinq kinderqartens. elementarv schools. iunior hioh schools, hioh schools and
comparable private schools.
Section 6-37. violations and penalties.
* * *
Upon a finding by the appropriate administrative official or agency that a violation of this article
has occurred, the City shall initiate proceedings to revoke the Business Tax Receipt, Certificate
191
ofUse,@orCertificateofoccupancy,whicheverisappropriate.Additionally,
this article may be enforced and violations may be punished as follows.
Subpart B - LAND DEVELOPMENT REGULATIONS
Ghapter 142 -ZONING DISTRIGTS AND REGULATIONS
ARTICLE I!.. DISTRIGT REGULATIONS
* * *
DIVISION 20. . TG NORTH BEAGH TOWN CENTER DISTRICTS
Sec.142-736. Main permitted uses, Gonditiona! 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
beveraoe establishments pursuant to the reoulations 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). +he+revisiens-ef
c
(3) The accessory uses in the TC-1 District are those uses permitted in Article lV,
Division 2 of this Chapter; alcoholic beveraoe establishments and accessorv outdoor
bar counters pursuant to the reoulations set forth in Chapter 6. @
utilized between rnidnight and 8:00 a,m,; hewever' aeeessery eutdeer bar eeunters
@
(4) The prohibited uses in the TC-1 district are pawnshops, and alcoholic
beverage establishments located in any open area above the ground floor (any area
that is not included in the FAR calculations), except as provided in this Division.
Hewever; eutdeer restaurant seating, net exeeeding 40 seats' asseeiated with indeer
venues may be permitted in any epen area abeve the greund fleer until 8:00 p,m, with
ne baekgreund musie (amplified er nenamplified),
(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
10
192
institutions; schools; and commercial or noncommercial parking lots and garages (with
accessory commercial uses) in accord with subsection 130-68(9).
a. ln 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, Iocated on the ground floor of buildings. Such
neighborhood-oriented retail and service uses shall be limited to antique
stores; arllcraft 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 reoulations set forth in Chapter 6. with aleehel limited te beer and wine
@lnaddition,fullservicerestaurantsservingalcoholic
beverages pursuant to the reoulations set forth in Chapter 6 er ang!_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.
IO The accessory uses in the TC-3 district are those uses customarily associated
with the district purpose, as set forth in article lV, 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 orSars
alcoholic beveraqe establishments pursuant to the reoulations 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 M alcoholic beveraqe 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
may have a maximum of 40 seats in the aggregate on the site. The number ofunitsshallbethosethatresultafteranyrenovation.@
ARTICLE V. . SPECIALIZED USE REGULATIONS
DtvtsloN 4. - ALcoHoLtc BEVERAGES . * *
11
193
Venders shall be permitted te sell aleehelie beverages within the zening distriets listed in -^^+r^^
t tZ tg0l if suoh di
Win+*s.
te sell aleehelie beverages fer eensumptien en the premises based upen the fellewing;
when beer and wine are served a minimum ef 30 seats shall be previded; and when,
pr€mise€r
e, eutdeer eafes; when net visible frern er en a publie street, alley, er way, shall have ne
@ises,
d, Gelf elubheuse; when leeated en a gelf eeurse; the sale ef aleehelie beverages ispermi@ien en the premises,
ing__a
MXE distriet shall be permitted te have aeeessery uses whieh sell aleehelie beverages pursuant
ises,
e, eutdeer eafes when net visible frem a publie street' alley' er way, shall have ne
@ises-
* Gelf elubheuse; when leeated en a gelf eeursq the sale ef aleel,elie beverages is
(3) /4eeessery sses whr'€f, se// a/eehelio 6everages,/Aeeessery uses whieh sell aleehelie
iet use regulatiens
in seetien 142 746,
@ien
(a) Netwithstanding any ether previsien ef this Divisien, the sale ef beer fer eff premises
ie
Hewever; the sale by sueh vender ef aleehelie beverages ether than beer and ef beer fer en
12
194
premises eensumptien shall be eendueted in aeeerdanee with the previsiens ef seetiens and
112 1392,
(b) Nething herein shall be eenstrued te restriet sales ef aleehelie beverages in the eivie and
SEGTION 2. CODIFIGATION.
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-letteied 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 are and the same are hereby
repealed.
SECTION 4. SEVERABILIW.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EXCEPTIONS.
This Ordinance shall not apply to an application filed for Land Use Board Approval with
the Planning Department on or before February 241h', 2015.
SECTION 6. EFFECTIVE DATE.
This Ordinance shalltake effect ten days following adoption.
PASSED and ADOPTED this day of 2015.
MAYOR
ATTEST:
GITY CLERK
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
13
City Attorney Date
195
First Reading: March _,2015
Second Reading: April_, 2015
Verified by:
Thomas Mooney, AICP
Planning Director
Underscore denotes new language
S+riXe+nreugh denotes removed language
T:\AGENDAVOl5Uanuary\Referral to Planning Board - Chapter 6 ORD.docx
14
196
ORDINANCE NO.
AN ORDINANGE OF THE MAYOR AND CITY COMMISSION OF THE CIry OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142 "ZONING DISTRICTS
AND REGULATIONS;" ARTICLE l!, "DISTRICT REGULATIONS", DIVISION 3,
"RESIDENTIAL MULTIFAMILY DISTRICTS" DIVISION 4, "CD-l
GoMMERCIAL, LOW INTENSITY DISTRICT" DIVISION 5, "CD-2
coMMERCIAL, MEDTUM INTENSITY DISTRICT" D|VISION 6, "CD-3
COMMERCIAL, HIGH INTENSITY DISTRICT'' DIVISION 7, "CCC C!V!C AND
GONVENTION CENTER DISTRICT" DIVISION 8, "GC GOLF COURSE
DISTRICT" DIVISION 9, "GU GOVERNMENT USE DISTRICT" DIVISION 10,
..HD HOSPITAL DISTRICT" DIVISION 11, "1.1 LIGHT INDUSTRIAL DISTRICT"
DIVISION 12, "MR MARINE RECREATION DISTRIGT;" DIVISION 13, "MXE
MIXED USE ENTERTAINMENT DISTRICT;" DIVISION 16, "WD-l
WATERWAY DISTRIGT'' DIVISION 17, "WD.2 WATERWAY DISTRICT"
DIVISION 18, "PS PERFORMANCE STANDARD DISTRICT" TO MODIFY,
CLARIFY AND EXPAND MAIN PERMITTED, CONDITIONAL,AND
PROHIBITED USES RELATED TO ALCOHOLIC BEVERAGES; BY
AMENDING ARTICLE V, "SPEGIALIZED USE REGULATIONS'' BY
DELETING DIVISION 4, "ALCOHOLIG BEVERAGES," BY AMENDING
D!V!S!ON 6, "ENTERTAINMENT ESTABLISHMENTS" TO MODIFY AND
CLARIFY REGULATIONS RELATING TO ALCOHOL BEVERAGES; BY
AMENDING THE NEIGHBORHOOD IMPACT ESTABLISHMENT THRESHOLD
REQUIREMENTS AND CREATING NEW DEFINITIONS; PROVIDING FOR
REPEALER; SEVERABILITY; CODIFICATION; 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.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 142, "Zoning Districts and Regulations" is amended, as follows:
DIVISION 3. . RESIDENTIAL MULT!FAMILY DISTRIGTS
Subdivision lV. - RM-2 Residential Multifamily, Medium lntensity
1
197
Sec.142-214. - Accessory uses.
The accessory uses in the RM-2 residential multifamily, medium intensity district are as required
in article lV, division 2 of this chapter s6d uses{haSsewe alcoholic beverage+eslab[Shmenls
Pursuant to the
requlations 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.
Sec.142-215. - Prohibited uses.
The prohibited uses in the RM-2 residential multifamily, medium intensity district are
accessory outdoor entertainment establishment, accessory open air entertainment
establishment, as set forth in article V, division 6 of this chapter; off-premise packaoe sales of
alcoholic beveraoes. and accessory outdoor bar counter; and for properties located within the
Palm View, and West Avenue corridors, hotels and apartment-hotels, except to the extent
preempted by F.S. S 509.032(7), and unless they are 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.
Subdivision V. - RM-3 Residential Multifamily, High lntensity
Sec.142-244. - Accessory uses.
The accessory uses in the RM-3 residential multifamily, high intensity district are as follows:
(2) +J€es+ha+sepv€ Al coh o I ic beve ra g es esta bl is h ments @ivisien
4 ef this ehapter; eertaining te aleehelie beverages pursuant to the requlations set
forth in Chapter 6.
Sec.142-245. - Prohibited uses.
The prohibited uses in the RM-3 residential multifamily, high intensity district is are off-premise
packaqe sales of alcoholic beveraoes and .accessory outdoor bar counterg, except as provided
198
in Section 142-244.For properties located within the West Avenue Corridor, hotels and
apartment-hotels, except to the extent preempted by F.lorida Statutes S 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.l COMMERCIAL, LOW INTENSITY DISTRIGT
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-sene alcoholic beverages establishments as
listed in artiele V, pursuant to the
reoulations 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; apartmenUhotels; hotels; religious institutions with an occupancy
of 199 persons or less and uses.-thel+en*e alcoholic beverages establishments es--Jisted-in
artiete V; aivisien
pursuant to the reoulations set forth in Chaoter 6.
Sec. 142-303. - Conditiona! uses.
(a) The conditional uses in the CD-2 commercial, medium intensity district include the following:
flf Adult congregate living facilities;
(!) Funeral home;
(Q Nursing homes;
(4) Religious institution;
(!) Pawnshops;
fQ Video game arcades;
(Q Public and private institutions;
(€) Schools;
[9) Any use selling gasoline;
(10) New construction of structures 50,000 square feet and over (even when divided by a
district boundary line), which review shall be the first step in the process before the
review by any of the other land development boards;
199
(1 1) Outdoor entertainment establishment;
(1 2) Neighborhood impact establishment;
(13) Open air entertainment establishment;
(14) Storage and/or parking of commercial vehicles on a site other than the site at which the
associated commerce, trade or business is located. See Section 142-1103.
(b) Sunsef Harbour Neighborhood. ln addition to the conditional uses specified in section 142-
303(a), and subject to the conditional use criteria in section 118-192(a), conditional 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 shall also
include the following:
(1) Main use parking garages;
(2) Restaurants with alcoholic beverage licenses (alcoholic beverage establishments) with
more than 100 seats or an occupancy content (as determined by the Fire Marshall) in
excess of 125, but less than 199 persons and a floor area in excess of 3,500 square
feet.
(c) North Beach Neighborhood. ln addition to the conditional uses specified in section 142-
303(a), and subject to the conditional use criteria in section 118-192(a), conditional uses in
the CD-2 commercial, medium intensity district in the North Beach neighborhood (located
north of 65th Street), shall also include the following:
(1) Alcoholic beverage establishments (not also operating as a full restaurant with a full
kitchen, serving full meals);
(2) Dance halls;
(3) Entertainment establishments.
(4) Restaurants with alcoholic beveraoe licenses (alcoholic beveraoe establishments) with
more than 100 seats or an occupancv content (as determined bv the Fire Marshall) in
excess of 125. but less than 199 persons and a floor area in excess of 3.500 square
feet.
DIVISION 6. . CD.3 COMMERCIAL, HlGH INTENSIry DISTRICT
Sec. 142-332. - Main permitted uses.
The main permitted uses in the CD-3 commercial, high intensity district are commercial uses;
apartments; apartmenUhotels; hotels, alcoholic beveraoe establishments pursuant to the
reoulations set forth in Chapter 6. and religious institutions with occupancy of 199 persons or
less. Oceanfront properties in the architectural district shall not be permitted to have new retail
and/or office areas totaling more than 250 square feet unless the building is rehabilitated
according to the South Florida Building Code, the city property maintenance standards, and fire
prevention and safety codes and if it is a historic structure the U.S. Secretary of the lnterior
200
Standards for Rehabilitation and Guidelines for Rehabilitating Historic Structures. 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, apartmenVhotels and hotels located on that portion of Lincoln Road shall comply
with section 142-335. Dance halls and entertainment establishments (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 and
entertainment establishment is located within a hotelwith a minimum of 100 hotel units.
DIVISION 7. CCC CIVIC AND CONVENTION CENTER DISTRICT
Sec. f 42-362. - Main permifted 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 reoulations 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.
Sec. 142-363. - Conditional uses.
Conditional use approval for a neiqhborhood impact establishment mav be waived bv the Citv
Commission. otherwise Tthere are no conditional uses in the CCC, Civic and Convention Center
District
DIVISION 8. . GC GOLF GOURSE DISTRICT
Sec. 142-394. - Accessory uses.
The accessory uses in the GC golf course district are as required in article lV, division 2 of this
chapter and the sale or distribution of alcoholic beveraoes pursuant to the reoulations set forth
in Chapter 6.
DIVISION 9. . GU GOVERNMENT USE DISTRIGT
Sec.142422. -Main permitted uses.
The main permitted uses in the GU, Government Use District, are government buildings and
uses, including but not limited to parking lots and garages; parks and associated parking;
schools; performing arts and cultural facilities; alcoholic beveraqe establishments pursuant to
201
the reoulations set forth in Chapter 6. monuments and memorials. Any use not listed above
shall only be approved after the city commission holds a public hearing. See subsection 142-
425(e) for public notice requirements. * * *
DIVISION 10.. HD HOSPITAL DISTRICT
Sec. 142-452. - Permitted uses.
ln 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. Permitted uses that sell, serve er
etherwise distribute aleehelie beverages in this distriet shall eemply with the standards and
regulatiens feund in artiele V; divisien I ef this ehapter The sale of alcohol within the HD shall be
requlated pursuant to the requirements of Chapter 6.
DIVISION 11. I-1 LlGHT !NDUSTRIAL DISTRICT
}ec.142482. - Main permitted uses.
The main permitted uses in the l-1, Urban Light lndustrial 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, stanCad restaurant, alcoholic beveraoe establishments pursuant to the
requlations set forth in Chapter 6 , video rental, bank;
DIVISION 12. . MR MARINE REGREATION DISTRICT
Sec. 142-514. -Accessory uses.
The accessory uses in the MR, Marine Recreation District, are as required in article lV,
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 beveraqe
establishments pursuant to the reoulations set forth in Chapter 6.
***
DIVISION 13.. MXE MIXED USE ENTERTAINMENT DISTRICT
Sec. 142-543. -Accessory uses.
***
202
The accessory uses in the MXE, Mixed Use Entertainment District, are as follows. See
also Article lV, Division 2, of this Chapter. Net+Uses that serve alcoholic beverages are also
subject to the regulations
Sec. 142-546. - Additiona! restrictions for lots fronting on Ocean Drive, Ocean Terrace
and Gollins Avenue.
ln 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:
(2)ThebuildingSmaycontainoffices,retail,ice
establishments. alcoholic beveraoe 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.l WATERWAY DISTRICT
Sec. 142-634. - Accessory uses.
The accessory uses in the WD-1, Waterway District, are as required by Article lV, Division 2 of
this Chapter and as delineated I
DIVISION 17. -WD.2 WATERWAY DISTRICT
*
Sec. 142-664. - Accessory uses.
The accessory uses in the WD-2, Watenray District, are as required in Article lV, Division 2 of
this Chapter and as delineated I
DIVISION 18. PS PERFORMANCE STANDARD DISTRICT
203
Sec. 142-693. Permifted uses.
(a)
The following uses are permitted in the performance standard districts:
ingle-family; townhome;
apartmenVhotel
1,2,3, 4
nters, provided that the
outdoor bar counter
not operated or utilized
midnight and 8:00
.m.; however, for€R accessory
bar counters shAlfilg!
, accessory
oor bar counters
re permitted in
least 100 hotel units
n the R-PS4 district*.
blishments and open air
inment establishments
district, this use
permitted, as an
USC IN
hotels with
or more hotel
thborhood impact
blishments
204
Jnits, as a conditional
rse. Access to the
establishment shall be
rnly from the interior
obby of the hotel and
rot from the street.
\ccessory D*D*)*)*
The following uses are permitted in the performance standard district:
P-Main permitted use C-Conditional use N-Not permitted
* - Accessory use only
Floor area in the RM-PS1 district refers to total floor area in project. Commercial
uses in RM-PS1 are limited to stores and restaurants.
ln districts that allow commercial and hotel uses above. alcoholic beveraoe
establishments are permitted pursuant to the reoulations set forth in Chapter 6.
***
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 requirements 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).
premises in restaurants shall net apply te this distriet,
(3) The accessory uses in the ,L-', t,ruict are those uses permitted in Article lV,
Division 2 of this Chapter; alcoholic beveraqe establishments and accessorv outdoor
bar counters pursuant to the reoulations set forth in Chapter 6; @
utilized between midnight and 8,90 a,m,; hewever; aeeessery eutdeer bar eeunters
@
(4) The prohibited uses in the TC-1 district are pawnshops, and alcoholic
beverage establishments located in any open area above the ground floor (any area
that is not included in the FAR calculations), except as provided in this Division.
Hewever; eutdeer restaurant seating; net exeeeding 40 seats; asseeiated with indeer
205
venues may be permitted in any epen area abeve the greund fleer until 8:00 p,m=with
ne baekgreund musie (amplified er nenamplified),
(c) Land uses in the TC-3 Town Center Residential Office District shall be regulated as
follows:
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. ln 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; arllcraft 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 reoulations set forth in Chapter 6
@lnaddition,ful|servicerestaurantsservingalcoholic
beverages pursuant to the reoulations set forth in Chapter 6 e+ ang!_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.
The accessory uses in the TC-3 district are those uses customarily associated with
the district purpose, as set forth in article lV, 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-Sars
alcoholic beveraoe establishments pursuant to the reoulations 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 bars that serve aleehel alcoholic beveraqe establishments on
the entire site shall not exceed 1.5 personsr per hotel and/or apartment unit.
For a hotel or apartment property of less than 32 units, the restaurant or bar
may have a maximum of 40 seats in the aggregate on the site. The number ofunitsshallbethosethatresultafteranyrenovation.@
(2)
G)
10
206
limitatiens established in the Cenditienal Use preeess,
Sec. 142-901. - General provisions.
Accessory uses shall comply with the following general provisions:
(1) Accessory uses shall be located on the same lot as the main permitted use, except for
required parking which may be located within 1,200 feet of the property The distance
separation shall be measured by following a straight line from the lot on which the main
permitted use is located to the lot where the parking lot or garage is located.
(2) Accessory uses shall be incidental to and customarily associated with the main
permitted use-., in accordance with @ieq
the plannirg and zening direeter sray require the applieant te previde evidenee that sueh
(3) Accessorv uses in residential districts shall comply with the followinq. whether covered or
uncovered:
a. ln the RM-1 zonino district. individual accessorv uses. or the total
aqoreqate area of multiple accessorv uses. shall not occupv more than twentv
(20) percent of the floor space of the total primarv use.
b. ln the RM-2 zonino district. individual accessorv uses. or the total
aooreoate area of multiple accessorv uses. shall not occupv more than thirtv (30)
oercent of the floor space of the total primarv use.
c. ln the RM-3 zoninq. individual accessorv uses. or the total aqoreqate area
of multiple accessorv uses, shall not occupv more than fortv (40) percent of the
floor space of the total primarv use.
d. Anv outdoor. unenclosed or uncovered accessorv use servino alcohol
and located in an RM-2 district shall require Conditional Use approval.
(4) Off-street parking and loading spaces shall be considered as accessory uses in all
districts.
(5) A use ether than these listed in this divisien may be eensidered as an aeeessery use if it
i
zening directer fin ry criterie=
te+
11
207
e, That the neeessary safeguards will be previded fer the preteetien ef surreunding
d, That the publie health; safety, merals and general welfare ef the eemmunity will net
@
(6) nn+eeupa+iena++ieense A business tax receipt or building permit, whichever is being
requested, shall only be approved for an accessory use if the building complies with all
of the following mandatory requirements.
a. All structures shall conform to the South Florida Building Code, the property
maintenance standards and the fire prevention and life safety code.
b. The existing building and the proposed improvements shall be built in a manner that
is substantially consistent with the design recommendations in a neighborhood plan
for the area if one exists, and if the building is a historic structure, then the U.S.
Secretary of the lnterior Standards for Rehabilitation of Historic Buildings as
amended shall be used.
c. The minimum and average floor area requirements for the units as set forth in article
ll, division 13 of this chapter shall be met.
(7) Appeal of the planning and zoning director's decision pertaining to any finding shall be
to the board of adjustment as provided in chapter 1 18, article lX, and shall be considered
as an appeal of an administrative de*cision.
*
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 accessorv
restaurants. drinkins establishments. outdoor and sidewalk caf6s, hotel manaqement
offices, and retail uses use in accordance with the requlations herein, as well as
accessorv uses customarilv associated with the operation of an apartment building, as
referenced in subsection 142-902(2), for the use of reqistered hotel visitors and their
ouests onlv. that is eustemarily asseeiated with the eperatien ef a hetel er apartment
bt+ilding*
b. Hotels located in the RM-2 district are permitted to have any accessory restaurants,
and hotel manaoement offices use in accordance with the requlations herein tha*
eustemarily asseeiated with the eperatien ef a hetel er apartment building, exeept-{er
dQance halls, entertainment establishments, neighborhood impact establishments,
12
208
outdoor entertainment establishments or open air entertainment establishments shall be
prohibited in an RM-2 district.
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.
ARTICLE V. . SPECIALIZED USE REGULATIONS
BTVISION 4. AICOHOIIC BEVERAGES
Venders may be permitted te sell er distribute aleehelie beverages; either fer
(1) RM 2 multiple family; medium intensity,
(4) CD 2 eemmereial; medium intensity,
ffiffi
(14) R PS3 residential medium high density,
(16) C PS1 eemmereial limited mixed use,(17) C PSZ eemmereial general mixed use,(18) C PS3 eemmereialintenslve mixed use,
(19) C PS4 eemmereial intensive phased bayside,
iee
13
209
Venders shall be permitted te sell aleehelie beverages within the zening distriets listed in -^^+r^^
t tZ tgOl if sueh dl ing:
Restaurant; bari aleehelie beverage establishment; eutdeer eafe' private elub' er gelf elubheuse
$-+ern*ea-nain-uses.
snatt ge previded;W
minimum ef 20 seats in erder te be permitted te sell aleehelie beverages fer
@ise+e, Outdeer eafes; when net visible frem er en a publie street; alley; er way, shall
have ne minimum seating requirement and shall be permitted te sell aleehelie
ises'
ie
ises
ing
tSeS-
pr€m+s€s;
e, eutdeer eafes when net visible frem a publie street; alley; er way; shall have
ises-d, Gelf elubheuse; when leeated en a gelf eeurse; the sale ef aleehelie
ises-
(3\ /4eeesse4,, sses whr'eh se// a/eehelio 6everages,/ Aeeessery uses whieh sell
@ien
ises
regulatien ef the state shall be exempt frem the regulatiens in -^^+:^^ ^ , and seetiens
t+Z tagt ana t+a taO
than beer and ef beer fer en premises eensumptien shall be eendueted in aeeerdanee
with the previsiens ef seetiens 4 ^ 4 2n1 and 1 ^ 1r^^
(b) l,',lething herein shall be eenstrued te restriet sales ef aleehelie beverages in the eivie
14
210
DIVISION 6. ENTERTAINMENT
ESTABLISHMENTS
ESTABLISHMENTS AND NEIGHBORHOOD IMPACT
***
Sec. 142-1361. Definitions.
nenarnplified; played at a velume that dees net interfere with nermal eenversatien,
Enferfarnmenf esfabfshmenf means a commercial establishment includino, but not limited to.
restaurants. bars. and alcoholic beveraoe establishments that include live entertainment, oatron
dancinq. and/or recorded entertainment. Entertainment does not include television, radio and/or
recorded backoround music, plaved at a volume that does not interfere with normal
conversation, and indoor movie theater operations.
Hours of operation of entertainment establishments. Entertainment establishments mav not
operate between the hours of 5:00 a.m. and 10:00 a.m.
Live enferfainmenf shall mean and include all shows. live music, oames of sport and
performances of anv kind but shall not include adult entertainment.
Neighborhood impact establishmenf means:
(1) An alcoholic beverage establishment. place of assemblv or
restaurant, not also operating as an entertainment establishment or dance hall (as
defined in section 114-1), with
6,000 square feet of oross floor area inclusive of
outdoor areas associated with food and beveraqe services; or
(2) An alcoholic beverage establishment. place of assemblv or
restaurant, which is also operating as an entertainment establishment or dance hall (as
defined in section 114-1), with
3.500 square feet of qross floor area inclusive of
outdoor areas associated with food and beveraoe services.
(3) For ourposes of this section. an alcoholic beveraoe establishment shall include
multiple establishments in one buildino site unless both criteria (a) and (b) below are
met:
a. The alcoholic beveraoe establishments have separate Business Tax
Receipts.
15
211
b. The alcoholic beveraoe establishments are completelv self-contained
and do not share anv inoress or eoress points.
Pafron dancino shall mean dancinq bv patrons or ouests of an establishment or business.
Recorded enferfalnmenf means recorded music or recorded vocal entertainment or both.
amplified or non-amplified. but shall not include adult entertainment.
Sec. 142-1365. Discontinuance of a ieiJhbirhood tmpact Establishment. Outdoor
Entertainment Establishment. Open Air Entertainment Establishment. or After-Hours
Dance Hall.
No buildinq. structure, land, or portion thereof. used in whole or in part for a Neiqhborhood
lmpact Establishment. Outdoor Entertainment Establishment, Open Air Entertainment
Establishment. or After-Hours Dance Hall. which remains idle or unused for a continuous period
of six months, or for 18 months durino anv three (3)-vear period shall automaticallv discontinue
the use. A new Conditional Use pursuant to the section 118-191 et seq. and 142-1362 et seq.
mav be applied for.
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.
SEGTION 4. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EXCEPTIONS.
This Ordinance shall not apply to an application filed for Land Use Board Approval with
the Planning Department on or before February 24t ,2015.
SEGTION 6. EFFEGTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of
16
MAYOR
2015.
212
ATTEST:
GITY CLERK
First Reading
Second Read
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
City Attorney Date
: March _,2015
ing: April _,2015
Verified by:
Thomas Mooney, AICP
Planning Director
Underscore denotes new language
S+rit<e$reugh denotes removed lang uage
T:\AGENDA\201SUanuary\Referral to Planning Board - Chapter 142 ORD.docx
17
213
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING SUBPART B - LAND DEVELOPMENT
REGULATIONS, CHAPTER 114 "GENERAL PROVISIONS" , AMENDING
SECTION 114-1, DEFINITIONS, BY MODIFYING AND ADDING DEFINITIONS
TO CLARIFY ALCOHOLIC BEVERAGE AND USE REQUIREMENTS OF THE
CODE OF THE CITY OF MIAMI BEACH, PROVIDING FOR REPEALER;
SEVERABILITY; CODIFICATION; AND AN EFFEGTIVE DATE.
WHEREAS, Chapter 114 ol the City Code, entitled "General Provisions," provides
definitions; and
WHEREAS, to ensure that the all the definitions are clear and concise and are located in
one area of the code that is logical and convenient to the user; and
WHEREAS, the amendment set forth below is necessary to accomplish the above
objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SEGTION 1. Chapter 114, entitled "General Provisions" is amended, as follows:
Sec. I 14-1. Definitions.
(a). lnterpretation of terms or words.
For the purpose of this chapter, certain terms or words used in this chapter shall be interpreted
as follows:
i. The word "shall" is always mandatory and the word "may" is permissive.ii. The words "used" or "occupied" include the words intended, designed or
arranged to be used or occupied.iii. The singular number includes the plural and the plural the singular, unless the
context clearly indicates the contrary.iv. Words and terms not defined herein shall be interpreted in accord with their
normaldictionary meaning and customary usage.
(b) The following words, terms and phrases when used in this Subpart B or Chapter 6 of
Subpart A, shall have the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning: * * *
Apartment hotel means a building containing both apartment units and hotel units, with
at least 25% beinq apartment units, underresident isieq and having an inner lobby
through which all tenants must pass to gain access. Apartment Hotel uses mav contain suite
hotel units.
Boffle c/ub means a commercial establishment. operated for a profit. whether or not a
profit is actuallv made. wherein patrons consume alcoholic beveraqes brouqht onto the
214
premises and not sold or supolied to the patrons bv the establishment. whether the patrons
brinq in and maintain custodv of their own alcoholic beveraqes or surrender custodv to the
establishment for dispensino on the premises.
Eusrness fax means the fees charled anJ the method bv which the Citv orants the
privileqe of enqaoinq in or managinq anv business. profession. or occupation within the Citv's
iurisdiction (formerlv known as an occupational license).
Certificateofuse(CU)meansadocumentissuedbythe
€eCe+emplten€e City allowing the use of a building and certifying that the use is in compliance
with all applicable City codes, regulations and ordinances.
Drsc Jockey /abbrevrafed D.J., DJ or deelav) means a person who plavs recorded music
for an audience.
i,te+r
reeerded; amplified er nenamplified perfermanee; (exeepting televisien; radie and/er reeerded
indeer mevie theater eperatiens), Entertainment establishment+ may net eperate between the
heurs between the heurs ef 5,00 a,m, and 10,00 a,m,; exeept as previded fer under subseetien
G+€xs')=
Enferfarnmenf esfabrshmenf means a commercial establishment includinq, but not
limited to. restaurants, bars. and alcoholic beveraoe establishments that include live
entertainment, disc iockev, patron dancino. and/or recorded entertainment. Entertainment does
not include television, radio and/or recorded backoround music. plaved at a volume that does
not interfere with normal conversation. and indoor movie theater operations. Entertainment
establishments mav not operate between the hours between the hours of 5:00 a.m. and 10:00
a.m., except as provided for under subsection 6-3(3)(b).
Food service esfab/ishmenf includes but is not limited to anv restaurant: bakerv. bar.
bistro. caf6. coffee shop: cafeteria: delicatessen: ice cream parlor: lounoe: niqhtclub: pub.
tavern: private. public, or nonprofit oroanization or institution routinelv servino food. caterino
kitchen: commissarv or similar place in which food or drink is prepared for sale or for service on
the premises or elsewhere: and anv other eatinq or drinkinq establishment or operation where
food is served or provided for the public with or without charqe,
Ful cookrno facflffies. resrdenfial anJ sur]fe hlfels shall mean havinq burners, ovens and
refriqeration units. Cookinq facilities in units of less than 550 square feet shall be limited to one
microwave oven and one five-cubic-foot refrioerator except historic district suites hotels or
apartments mav have full cookinq facilities in units with a minimum of 400 square feet.
215
Ful/ krtchen facflrties, commercral shall mean havino commercial qrade burners. ovens
and refriqeration units of sufficient size and quantitv to accommodate the occupancv content of
the establishment. Full kitchens must contain orease trap interceptors, and meet all applicable
Citv. countv and state codes.
Hal/ for hire means an establishment which rents space, and mav provide tables, chairs,
caterino. decor. sound svstems. or other services in order to hold or host a private event.
Lrye enfedarnmenf shall mean and include all shows. live music. oames of sport and
performances of anv kind but shall not include adult entertainment.
Loadrno. off-sfreef means a loadino space located on orivate propertv outside of anv
street riqht-of-wav or easement and desioned to accommodate the temporary parkino of
vehicles used for bulk oickups and deliverieg. * *
OeesBafrenal /,6ense me
pursuant te ehapte
OrTice. busrness or professional means an establishment offerino services or knowledoe
to the business communitv or to individuals. but excludinq a medical office. Such activities
would include but are not limited to accountinq, brokeraoe. insurance, advertisino, emplovment
services. real estate services. lawver and architect.
Office, medical means an establishment offerino medical services and knowledoe to the
communitv or individuals. Such activities mav include but shall not be limited to phvsician.
dentist. psvcholooist, chiropractor. mental health therapist and phvsical therapists.
Operafor means the person who conducts. manaoes. maintains or controls, either
directlv or indirectlv. anv business or commercial establishment.
Pafron dancrno shall mean dancinq bv patrons or ouests of an establishment or
business.
Personal service use means an establishment that provides services such as
barbershops. beautv salons. tailor. shoe repair shops. drv cleanino. banks and financial service
institutions.
P/ace of Assemb/v means an establishment that mav have fixed seatino, that is not used
for retail sales and service. restaurant, office or hotel, and mav include a "hall for hire" use
whether for a private event or a public event. * * *
Recorded enferfarnmenf means recorded music or recorded vocal entertainment or both.
amplified or non-amplified. but shall not include adult entertainment.
Restaurant means
purenaseg gy the pu
216
sellino of food. to the customer for consumption on the premises or for take-out bv customers.
Food shall be continuouslv readv to be prepared, served. and sold durino all business
operational hours for a restaurant use. All restaurants shall be appropriatelv licensed as a
restaurant or similar food service-tvpe use bv all applicable aqencies.
Refa/ esfab/ishmenf means anv store, merchant or orqanization sellinq merchandise to
the oeneral public. * * *
Schoo/ means a facilitv providino a curriculum of elementarv and secondarv academic
instruction, includinq kinderoartens. elementarv schools. iunior hioh schools. hioh schools and
comparable private schools.
issive=
Supper c/ub means a restaurant havino a minimum enclosed dinino/entertainment area
of 4,000 square feet and providino entertainment. but not adult entertainment. The
dininq/entertainment area shall be composed of restaurant tables and seatino and an
entertainment staoe area and/or dance floor. The dinino area must occupv a minimum of fiftv
(50) percent of the qross floor area of the establishment. A supper club must provide full and
continualfood service throuohout the periods of its operation. No more than twentv (20) percent
of the seatino area. mav be removed to accommodate special performances.
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.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EXCEPTIONS.
This Ordinance shall not apply to an application filed for Land Use Board Approval with
the Planning Department on or before February 24th,2015.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of
MAYOR
2015.
217
ATTEST:
CITY CLERK
First Reading: March _,2015
Second Reading: April _, 2015
Verified by:
Thomas Mooney, AICP
Planning Director
Underscore denotes new language
Str+*et+reugh denotes removed language
T:\AGENDA\201SUanuary\Referral to Planning Board - Chapter 114 ORD.docx
City Attorney Date
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
218