C4C-Ref- PB - Amend Ch 114 142 And 6 Pertaining To Alcoholic Beverage Regs -MaMIAMIBEACH
July 23,2014
October 1, 2014
December 10, 2014
January 14,2014
City of Miomi Beoch, I700 Convention Center Drive. Miomi Beoch, Florido 33 ,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members offthe City
FROM: Jimmy L. Morales, City Manager
DATE:
SUBJECT:
September 2,2015
REFERRAL TO THE PLANNINq BOARD PROPOSED ORDINANCES
AMENDING CHAPTER 114 AND CHAPTER 142 OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY CODE, AND CHAPTER 6 OF
THE CITY CODE, PERTAINING TO ALCOHOLIC BEVERAGE REGULATIONS
ADMI NISTRATION RECOMM EN DATION
Refer the proposed Ordinance Amendments to the Planning Board for consideration and
recommendation.
BACKGROUND
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.
The Mayor and the City Commission referred to the LUDC (ltem C4K) for
further discussion proposed amendments to the City Code pertaining to the
items listed above.
The LUDC discussed the proposed amendments and continued the item in
order for staff to further refine the legislation.
The LUDC recommended that the Mayor and City Commission refer the
subject Ordinance Amendments to the Planning Board.
The Mayor and the City Commission referred to the Planning Board (ltem
C4H) the proposed amendments to the City Code.
Agenda ltem C?C
Oate ?-2-tf186
Commission Memorandum
Referral to Planning Board - Alcohol Regulation Ordinances
September 2, 2015 Page 2 of 4
February 24, 2014 The Planning Board heard the proposed ordinances and continued the items
to the March 24th meeting.
March 24, 2014 The subject Ordinances were updated to reflect the changes recommended
by the Planning Board at the February 24, 2015 Planning Board meeting.
The Planning Board continued the items to the May 26th meeting.
May 26, 2014 The Planning Board continued the items to the July 28, 2015' meeting.
July 8, 2015 At the request of the Mayor and the City Commission, the subject ordinances
were removed from the Planning Board agenda and re-referred to the Land
Use and Development Committee for discussion.
The current sponsor of the proposed Ordinances is Commissioner Joy Malakoff.
On July 29, 2015, the Land Use Committee discussed the item and considered two (2) revised
versions:
"Option A": Clarifies and adds definitions in Chapter 114, consolidates the code language
pertaining to alcoholic beverage establishments into Chapter 6, clarifies language used in
Chapters 6 and 142 in regards to accessory uses and Neighborhood lmpact Establishment
thresholds, updates the code to align it with current State statues and adds new
neighborhood com patibility requirements.
"Option B': New language pertaining to hours of operation for alcoholic beverage
establishment South of Fifth Street.
After discussing the item, the Land Use Committee recommended that Option "B" be removed from
consideration and that Option "A", as slightly modified, be referred to the Planning Board.
ANALYSIS
Below is a summary of the proposed changes within the attached Ordinances separated by
Chapters:
Chapter 6, Alcoholic Beverages.
1. Consolidating all alcoholic beverage regulations into one chapter, instead of having
alcoholic beverage regulations scattered throughout the zoning code;
2. Updating language so that it coordinates with current State Statute and does not contradict
current state statutes regarding alcoholic beverage regulations, minimum distance
separations from schools, minimum hotel rooms, and language changes such as the term
Business Tax Receipt instead of occupational license;
3. Regulating the hours of sales of alcohol for off-premises package sales and consumption
for restaurants to the same hours as other retail package sales establishments;
4. Adding neighborhood compatibility requirements for all alcoholic beverage establishments,
instead of only having extra requirements for projects that go before a land use board;
5. Defining terms used in Chapter 6 that help interpreting existing and proposed provisions of
the code; and
6. Allowing supermarkets to have wine tastings without restricting the age to 21 years old for
the entire premises.
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Commission Memorandum
Referral to Planning Board - Alcohol Regulation Qrdinances
September 2, 201 5 Page 3 of 4
Chapter 1 1 4, Definitions.
1. Adding an "interpretation of terms or words section";
2. Clarifying the definition of apartment-hotels that are allowable in some residential zoning
districts;
3. Defining terms used in the existing code and the changes proposed in Chapter 6 and
Chapter 142 above;
Removing dated terminology not used in the code any longer;
Defining types of uses that are frequently used during the Certificate of Use (CU) process
when an establishment is receiving a Business Tax Receipt (BTR) and aligning the terms
used in the process with the terms used in the code, such as retail, hall for hire, personal
service uses, food service establishments, offices, and medical offices, etc;
Defining words that are often used in final orders when an establishment is receiving a
CUP, but that are not otherurise used in the code, to give direction to staff when enforcing
the provisions of the final orders;
Clarifying that disc jockey (DJ) falls under the definition of entertainment; and
Defining hall for hire, place of assembly, and supper club.
Chapter 142, Zoning Districts and Regulations.
1. Adding when applicable alcoholic beverage establishment uses into the use sections for the
individual zoning districts, instead of having a list in a separate section in Article V
Specialized Use Regulations, Division 4, Alcoholic Beverages;
Making off-premises package sales a prohibited use in residential zoning districts that allow
retail accessory uses (RM-2 an RM-3 zoning districts);
Using the term "entertainment establishment" whenever the term "dance hall" is used,
because in practice there cannot be a dance hall without entertainment. The reasoning
behind retaining dance hall is because the term entertainment was added at a later date
and there are past variances that would be effected. lt appears to be an oversight that the
term entertainment establishment was not added to the code in every place that mentioned
dance hall previously, such as the CD-3 zoning district on Lincoln Road;
Removing references to hours, location and size restrictions for alcoholic beverage
establishments from the zoning districts, as they were added in Chapter 6.
Adding a defined threshold for accessory uses based on a percentage of the floor area of
the main use, instead of having a more subjective determination left to the discretion of the
Planning Director. This largely impacts residential districts that allow hotels, but do not
allow stand-alone restaurant and bars, by setting definable standards that regulate the size
of accessory restaurant and bar uses;
6. Making outdoor, unenclosed or uncovered accessory uses a Conditional Use in RM-2
zoning districts;
Defining the type of accessory uses allowed in hotels and residential buildings in residential
districts, instead of having the determination of what is "customary" left to the discretion of
the Planning Director;
Changing the thresholds for neighborhood impact establishments to a clear and definable
square footage threshold established on the objective standard of overall size of the
establishment, instead of the occupant content. The current use of occupant contents as a
threshold can easily be manipulated by removing furniture, mislabeling areas on floor plans,
or excluding outdoor areas. The use of a square footage value will also cut down on last
minute struggles to fill space with planters and large furniture, when the occupant content
issued by the Fire Department is over what the original projections of the design
professional's drawings that were provided to the Planning Department;
Clarifying the criteria to be used when there are multiple neighborhood impact
establishments, alcoholic beverage establishments and/or entertainment establishments on
6.
4.
5.
7.
8.
2.
3.
4.
5.
7.
8.
9.
188
Commission Memorandum
Referral to Planning Board - Alcohol Regulation Ordinances
September 2, 2015 Page 4 of 4
one property or building site;
10. Creating a waiver for NIE's in the Convention Center zoning district (CCC) to mirror the
language in Government Use (GU) districts;
11.Adding language that gives clear direction as to when an NlE, outdoor entertainment
establishment, open air entertainment, and after-hours dance hall have lost their non-
conforming status.
A draft of the proposed changes and new definitions for Chapter 6, Chapter 114, and Chapter 142
are attached. ln each Ordinance, a modified applicability provision is also recommended.
Specifically, these Ordinances would not apply to an application filed for Land Use Board Approval
with the Planning Department on or before September 30,2015, or that date in which the Planning
Board transmits the Ordinances to the City Commission.
CONCLUSION
ln accordance with the July 29, 2015 recommendation of the Land Use and Development
Committee, the Administration recommends that the Mayor and the City Commission refer the
ffi.ffi#
rdinance Amendments to the Plannins Board.
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189
CHAPTER 114 _ DEFINITIONS
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
SEGTION 114.1, DEFINITIONS, BY MOD!FYING AND ADDING DEFINITIONS
TO CLARIFY ALCOHOLIG BEVERAGE AND USE REQUIREMENTS OF THE
CODE OF THE CITY OF MIAMI BEACH, PROVIDING FOR REPEALER;
SEVERABILITY; CODIFIGATION; AND AN EFFECTIVE DATE.
WHEREAS, Chapter 114 of 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. { 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 alwavs mandatorv and the word "mav" is permissive.
ii. The words "used" or "occupied" include the words intended, desioned or
arranoed to be used or occupied.
iii. The sinqular number includes the plural and the plural the sinqular, unless the
context clearlv indicates the contrarv"
iv. Words and terms not defined herein shall be interpreted in accord with their
normal dictionarv meanino and customarv usaqe.
QL 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, @isien; and having an inner lobby
through which all tenants must pass to gain access. Apartment Hotel uses mav contain suite
hotel units.
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Barmeansanalcoholicbeverageestablishmentwhichi#
derives a minimum of 5'1 percent of qross
revenue from the sale alcoholic beveraqes.
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
premises and not sold or supplied 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.
Busrness tax means the fees charoed and the method bv which the Citv qrants the
privileqe of enqaoinq in or manaqinq anv business, profession, or occupation within the Citv's
iurisdiction (formerlv known as an occupational license).
Certificateofuse(CU)meansadocumentissuedbythe
eeAe-eemplianee City allowing the use of a building and certifying that the use is in compliance
with all applicable City codes, regulations and ordinances.
Disc Jockey /abbreviafed D.J., DJ or deeiay) means a person who plavs recorded music
for an audience.
reeerded, amplified er nenamplified perbrmanee; (exeepting televisien; radie and/er reeerded
i
heurs between the heurs el5:00 a,m, and 10:00 a,m,; exeept as Brevided fer under subseetien
c+€'xu),
Enferfainmenf esfab/ishmenf means a commercial establishment includino, but not
limited to. restaurants, bars, halls for hire, bottle clubs, supper clubs. and alcoholic beveraqe
establishments that include live entertainment, disc iockev, patron dancino, and/or recorded
entertainment. Entertainment does not include television, radio and/or recorded background
music, plaved at a volume that does not interfere with normal conversation, and indoor movie
theater operations. Enterlainment establishments mav not operate between the hours of 5:00
a.m. and 10:00 a.m.. except as provided for under subsection 6-3(3)(b).
Food seryrce esfab/rshment includes but is not limited to anv restaurant, bakerv, bar.
bistro, caf6. coffee shop, cafeteria, delicatessen, ice cream parlor, lounqe, niohtclub, pub.
tavern, private, public, or nonprofit orqanization or institution routinelv servinq food. catering
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 eating or drinkinq establishment or operation where
food is served or provided for the public with or without charqe.
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Full cookinq facilities. residential and suite hotels shall mean having burners. ovens and
refriqeration units. Cookino 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 may have full cookinq facilities in units with a minimum of 400 square feet.
Ful/ krtchen facflffies. commercral shall mean havino commercial orade burners, ovens
and refriqeration units of sufficient size and quantitv to accommodate the occupancv content of
the establishment. Full kitchens must contain orease trao interceptors. and meet all applicable
Citv. countv and state codes.
Hal/ for hire means an establishment which rents space. and mav provide tables, chairs,
caterinq, decor, sound svstems, or other services in order to hold or host a private event.
Live enferfarnmenf shall mean and include all shows, live music, qames of sport and
performances of anv kind but shall not include adult entertainment.
Loadlno, off-sfreef means a loadinq space located on private propertv outside of anv
street right-of-wav or easement and desiqned to accommodate the temporarv parkinq of
vehicles used for bulk pickups and deliveries.
OeesBaflenal roense me
pursuant te ehapte
Orfice, buslness or professional means an establishment offerinq services or knowledqe
to the business communitv or to individuals, but excludinq a medical office. Such activities
would include but are not limited to accountino. brokeraqe, insurance, advertisinq, emplovment
services, real estate services, lawver and architect.
Office, medical means a licensed establishment offerinq medical services and
knowledqe to the communitv or individuals. Such activities mav include but shall not be limited
to phvsician, dentist, psvchologist, chiropractor, mental health therapist and phvsical therapists.
Operafor means the person who conducts, manaqes, maintains or controls, either
directlv or indirectlv, anv business or commercial establishment.
Pafron dancrno shall mean dancino bv patrons or ouests of an establishment or
business.
Personal servrce use means an establishment that provides services such as
barbershops, beautv salons, tailor, shoe repair shops, drv cleaninq. banks and financial service
institutions.
P/ace of Assemb/y means an establishment that mav have fixed seatinq, 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.
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Recorded enferfarnmenf means recorded music or recorded vocal entertainment or both,
amplified or non-amplified, but shall not include adult entertainment.
ere++nepremrses-
Resfauranf, Cafeferia means a food service establishment characterized tvpicallv bv the
selection of prepared food items bv customers as thev move in a line in front of the individual
food items or selected from an open self-serve area. An individual menu is not normallv
provided and food items are tvpicallv placed on the customer's plate or packaqed bv restaurant
emplovees or the customer. The food items are transported to adioininq tables bv the
customer.
Resfauranf, sfandard means a food service establishment whose principal business is
the sale of foods and beveraqes to the customer in a readv-to-consume state. and where
customers are normallv orovided with an individual menu, are served their food or beveraqes on
nondisposable service ware bv a restaurant emplovee at a table or counter for consumption.
Resfauranf, fake-ouf means a food service establishment whose principal business is
the sale of foods and beveraoes to the customer in a readv-to-consume state for carrv-out with
consumption off the premises, and which has all of the followinq characteristics:
(a) Food items are served primarilv in paper, plastic or other disposable containers.
(b) The restaurant provides rapid customer service bv preparinq the menu items in
advance of the customer's order or bv havino the items in a readv-to-assemble condition.
Refa/ estab/ishmenf means anv store, merchant or organization sellinq merchandise to
the qeneral public.
Schoo/ means a facilitv providinq a curriculum of elementarv and secondary academic
instruction. includinq kinderqartens. elementarv schools. iunior hioh schools, hiqh schools and
comparable private schools.
issiv+
Supoer c/ub means a standard restaurant havinq a minimum enclosed
dininq/entertainment area of 4,000 square feet and providino entertainment. but not adult
entertainment. The dinino/entertainment area shall be composed of restaurant tables and
seatino and an entertainment staqe area and/or dance floor. The dinino area must occupv a
minimum of fiftv (50) percent of the oross floor area of the establishment. A supper club must
provide full and continual food service throuqhout the periods of its operation. No more than
twentv (20) percent of the seatinq 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
193
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 September 30, 2015.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of 2016.
MAYOR
ATTEST:
CITY CLERK APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
City Attorney Date
First Reading:_,2015
Second Reading:_, 2016
Verified by
Thomas Mooney, AICP
Planning Director
Underscore denotes new language
S+rike$+eugh denotes removed language
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194
CHAPTER 142_ ZONING DISTRICTS AND ALCOHOLIC BEVERAGES
ORDINANCE NO.
AN ORDINANGE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142 "ZON'NG DISTRICTS
AND REGULATIONS;" ARTICLE ll, "DISTRICT REGULATIONS", DIVISION 3,..RESIDENTIAL MULTIFAMILY DISTRICTS" DIVISION 4, "CD.l
COMMERCIAL, LOW INTENSITY DISTRICT'' DIVISION 5, "CD-2
coMMERCIAL, MEDIUM tNTENS|W DISTRICT" DtVtStON 6, "cD-3
GOMMERCIAL, HIGH INTENSITY DISTRICT'' DIVISION 7, "CCC CIVIG AND
CONVENTION CENTER DISTRICT" DIVISION 8, "GC GOLF COURSE
DISTRICT" DIVISION 9, "GU GOVERNMENT USE DISTRICT" DIVISION 10,
"HD HOSPTTAL D|STRIGT" DIV|SION 11, "t-1 LIGHT INDUSTRIAL DISTRICT"
DIVISION 12, "MR MARINE RECREATION DISTRICT;" DIVISION 13, "MXE
MIXED USE ENTERTAINMENT DISTRIGT;" DIVISION 16, "WD-1
WATERWAY DISTRICT" DIVISION 17, "WD.2 WATERWAY DISTRICT"
DIVISION 18, "PS PERFORMANCE STANDARD DISTRIGT" DIVISION 20,..TC NORTH BEACH TOWN CENTER DISTRIGTS" TO MODIFY, CLARIFY
AND EXPAND MAIN PERMITTED, CONDITIONAL,AND PROHIBITED USES
RELATED TO ALCOHOLIC BEVERAGES; BY AMENDING ARTICLE V,..SPECIALIZED USE REGULATIONS" BY DELETING DIVISION 4,.,ALCOHOLIG BEVERAGES," BY AMENDING DIVISION 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; GODIFIGATION; 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 BEAGH, FLORIDA:
SECTION f . That Chapter 142, "Zoning Districts and Regulations" is amended, as follows:
DIVISION 3. . RESIDENTIAL MULTIFAMILY DISTRICTS
1
195
Subdivision lV. - RM-2 Residential Multifamily, Medium lntensity
Sec.142-212. - Main permitted uses.
The main permitted uses in the RM-2 residential multifamily, medium intensity district are single-
family detached dwellings; townhomes; apartments; apartment-hotels; hotels; except that in the
"West Avenue Corridor", defined in this Subdivision as that area bordered by Collins Canal to
the north, Alton Road to the east, Biscayne Bay to the West and 6th Street to the south,
apartment-hotel or hotel uses are only permitted if issued a building permit or occupational
license prior to May 28, 2013, or are approved by the Design Review Board pursuant to a
complete application filed and pending prior to May 28, 2013, in which event they shall be
considered a "Legal Conforming Use." A property that has a "Legal Conforming Use" as used in
this Subdivision prior to May 28, 2013, may retain all, and apply for new, expansions and
modifications to, permitted, conditional and /or accessory uses permitted in the zoning category
as of May 28, 2013, and apply for building permits to add, improve and/or expand existing
structures, or construct new structures for permitted, conditional and/or accessory uses
permitted in the zoning category, if FAR remains available, and offices that are incidental and
customary to a hotel in the RM-3 district fronting Collins Avenue located no more than 1,200
feet from the RM-3 hotel property. For purposes of this section, the distance between the RM-3
hotel property and the RM-2 office property shall be measured by following a straight line
between the properties' boundaries; further that office property shall be governed by a restrictive
covenant approved as to form by the City Attorney, recorded in the public records, stipulating
that the office use may only remain as long as the hotel use continues.
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 and u€es-+ha+-se#e alcoholic beverages-eglab[ghmenls
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 beveraqes,
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. $
509.032(7), and unless they are a legal conforming use. Properties that voluntarily cease to
196
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 eenCe-hotel, shall not be deemed to be ceasing
hotel operations pursuant to the preceding sentence.
***
Subdivision V. - RM-3 Residentia! Multifamily, High lntensity
$ec. 142-242. - Main permitted uses.
The main permitted uses in the RM-3 residential multifamily, high intensity district are single-
family detached dwelling; townhomes; apartments; apartment-hotels; and hotels, except that in
the "West Avenue Corridor," defined in this Subdivision as that area bordered by Collins Canal
to the north, Alton Road to the east, Biscayne Bay to the West and 6th Street to the south,
apartment-hotel or hotel uses are only permitted if issued a building permit or occupational
license prior to May 28, 2013, or are approved by the Design Review Board pursuant to a
complete application filed and pending prior to May 28, 2013, in which event they shall be
considered a "Legal Conforming Use." A property that has a "Legal Conforming Use" as used in
this Subdivision prior to May 28, 2013, may retain all, and apply for new, expansions and
modifications to, permitted, conditional and accessory uses permitted in the zoning category as
of May 28, 2013, and apply for building permits to add, improve and/or expand existing
structures, or construct new structures for permitted, conditional and/or accessory uses
permitted in the zoning category, if FAR remains available.
$ec.142-244. - Accessory uses.
The accessory uses in the RM-3 residential multifamily, high intensity district are as follows:
(2) t+ses+ha++ewea Alcoholic beverages establishments rs
pursuant to the requlations set forth in Chapter 6.
(3) Accessory outdoor bar counters, pursuant to the requlations set forth in Chapter 6. pr€vided
that the aeeessery eutdeer bar eeunter is net eperated er utilized between midnight and 8:00a+;+eweve++er @ a property with an
p,m=-anA+S0+"+
(+
let width (59 feet minimum) frem any preperty line adjaeent te a preperty with an apartment unit
197
IO RM-3 properties within the "West Avenue Corridor" may not have accessory outdoor
entertainment establishments. Notwithstanding the foregoing, a property that had a Legal
Conforming Use as of May 28,2013, shall have the right to apply for and receive special event
permits that contain entertainment uses.
Sec.142-245. - Prohibited uses.
The prohibited uses in the RM-3 residential multifamily, high intensity district is are off-premise
packaqe sales of alcoholic beveraoes and accessory outdoor bar counterg, except as provided
in Section 142-244.# -and{Eor properties located within the West Avenue Corridor, hotels
and apartment-hotels, except to the extent preempted by Florida._S,latutes S 509.032(7), and
unless a legal conforming use. Properties that voluntarily cease to operate as a hotel for a
consecutive three-year period shall not be permitted to later resume such hotel operation.
Without limitation, (a) involuntary hotel closures due to casualty, or (b) cessation of hotel use of
individual units of a condo-hotel, shall not be deemed to be ceasing hotel operations pursuant to
the preceding sentence.
DIVISION 4, . CD.l COMMERCIAL, LOW INTENSITY DISTRICT
Sec. 142-272, - Main permitted uses.
The main permitted uses in the CD-1 commercial, low intensity district are commercial uses;
apartments; bed and breakfast inn (pursuant to s$ection 142-1401); religious institutions with an
occupancy of 199 persons or less, and uses{ha*-serye alcoholic beverages establishments as
listed in artiele V, divisien I ef this ehapter' pertaining te aleehelie beverage+ .'ursuant to the
requlations 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; apartmenVhotels; hotels; religious institutions with an occupancy of 199
persons or less and uses-tha$sen*e alcoholic beverages establishments @
divisien I ef this ehapter; pertaining te aleehelie beverages (aleehelie beverages) pursuant to
the requlations set forth in Chapter 6.
Sec. 142-303. - Conditional uses.
(a) The conditional uses in the CD-2 commercial, medium intensity district include the following:
(1) Adult congregate living facilities;
(2) Funeral homes;
(3) Nursing homes;
(4) Religious institutions;
(5) Pawnshops;
(6) Video game arcades;
(7) Public and private institutions;
(8) 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;
(1 1) Outdoor entertainment establishments;
198
(1 2) Neighborhood impact establishments;
(13) Open air entertainment establishments;
(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 ( Aleehelie 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.
Sec. 142-304. -Accessory uses.
The accessory uses in the CD-2 commercial, medium intensity district are as required in article
lV, division 2 of this chapter; and accessory outdoor bar counters, pursuant to the requlations
set forth in Chapter 6. previded that the aeeessery eutdeer bar eeunter is net eperated er
utilized between midnight and 8:00 a,m,; hewever; fer ^ ^'^^^*" an aeeessery eutdeer bar
eeunter whieh is adjaeent te a preperty with an apartment unit; ; the aeeessery eutdeer bar
eeunter may net be eperated er utilized between 8,00 p,rn' and 8:00 a'm,
Sec. 142-305. - Prohibited uses.
The prohibited uses in the CD-2 commercial, medium intensity district are accessory outdoor
bar counters, except as provided in this divisien Article lV. Division 2 of this chapter and in
Chapter 6. Except as otheruvise provided in these land development regulations, prohibited
uses in the CD-2 commercial medium intensity district in the Sunset Harbour Neighborhood,
generally bounded by Purdy Avenue, 20th Street, Alton Road and Dade Boulevard, also include
alcoholic beveraqe establishments (not also operatinq as a full restaurant with a full kitchen.
servino full meals): dance halls. entertainment establishments: outdoor entertainment
establishment; neighborhood impact establishment; and open air entertainment establishment.
199
DIVISION 6. - CD.3 COMMERCIAL, HIGH INTENSITY DISTRICT
Sec. 142-332. - Main permitted uses.
The main permitted uses in the CD-3 commercial, high intensity district are commercial uses;
apartments; apartmenVhotels; hotels, alcoholic beveraoe establishments pursuant to the
requlations 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
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 tratfic, unless
the office area is located in a mezzanine, or at least 75 feet back from the storefront; also
apartments, apartment/hotels and hotels located on that portion of Lincoln Road shall comply
with section 142-335. Dance halls 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 hotel with a minimum of 100 hotel units.
Sec. 142-334. - Accessory uses.
The accessory uses in the CD-3 commercial, high intensity district are as follows:
(1) Those uses permitted in Article lV, Division 2 of this chapter.
(2) Accessory outdoor bar counters, pursuant to the requlations set forth in Chapter 6. previCed
that the aeeessery eutdeer bar eeunter i+net eperated er utilized between midnight and 8:00
@
Sec. 142-335. - Prohibited uses.
The prohibited uses in the CD-3 commercial, high intensity district are pawnshops; secondhand
dealers of precious metals/precious metals dealers; and accessory outdoor bar counter, except
as provided in this divisien Article lV, Division 2 of this chapter and in Chapter 6.
DIVISION 7. CCC CIVIC AND CONVENTION CENTER DISTRICT
Sec. {42-362. - Main permitted uses.
The main permitted uses in the CCC civic and convention center district are parking lots,
garages, performing arts and cultural facilities; hotel; alcoholic beveraqe establishments
6
200
pursuant to the requlations 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 neiohborhood impact establishment mav be waived bv the Citv
Commission, othenrvise Tthere are no conditional uses in the CCC, Civic and Convention Center
District
DIVISION 8. . GC GOLF COURSE DISTRIGT
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 beveraqes pursuant to the requlations set forth
in Chapter 6.
DIVISION 9. . GU GOVERNMENT USE DISTRICT
$ec.142-422. - 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
the requlations 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, exceptforoneormoreofthefollowingpermitteduses.ise
iens
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 11.1.1 LIGHT INDUSTRIAL DISTRICT
Sec.142-482. - 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, s+and€+d restaurant, alcoholic beveraoe establishments pursuant to the
reoulations set fo(h in Chapter 6 , video rental, bank;
201
DIVISION 12. - MR MARINE RECREATION DISTRICT
Sec. 142-514. -Accessory uses.
The accessory uses in the MR, Marine Recreation District are as required in article lV, division
2 of this chapter. Accessory uses in this district shall be any use that is customarily associated
with a main permitted use; includinq but not limited to-and alcoholic beveraqe establishments
pursuant to the reoulations set forth in Chapter 6.
DIVISION 13. - MXE MIXED USE ENTERTAINMENT DISTRICT
Sec. 142-543. - Accessory uses.
The accessory uses in the MXE. Mixed Use Entertainment District, are as follows.
fl) Those uses permitted in Article lV, Division 2 of this chapter.
@
(!) Uses that serve alcoholic beverages are also subject to the regulations e+a*ie+e+;-divisien
(Q Accessory outdoor bar counters, pursuant to the reoulations set forth in Chapter 6.
previded that the aeeessery eutdeer bar eeunter is net eperated er utilized between midnight
is
(3) Oeeanfrent hetels with at least 100 hetel units may eperate and utilize an aeeessery eutdeer
ef this seetien; previded the aeeessery eutdeer bar eeunter is leeated in the rear yard and set
Sec. 142-546. - Additional restrictions for lots fronting on Ocean Drive, Ocean Terrace
and Collins 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) Su€h-Ihe_buildings may contain offices ,
retail,
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 ,I6. - WD-l WATERWAY DISTRICT
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202
Sec. 142-634. - Accessory uses.
The accessory uses in the WD-1, Watenruay District are as required by Article lV, Division 2 of
this Chapter and as delineated i
DIVISION 17. . WD.zWATERWAY DISTRICT
Sec. 142-664. -Accessory uses.
The accessory uses in the WD-2. Watenrvay District, are as required in Article lV, Division 2 of
this Chapter and as delineated I
DIVISION 18. PS PERFORMANCE STANDARD DISTRICT
Sec. 142-593. Permitted uses.
(a) The following uses are permitted in the performance standard districts:
I Use
ategory
ngle-family;
partment;
partmenVhotel
utdoor bar counters
re permitted in
least 100 hotel units
n the R-PS4 district"
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203
#h+€his-ad1a€en{
.^ ^ ^,^^^,+., ...i+L
ln-apa#men+
rn+ffi
r€€essofy
rutdeer-loa+
;eun+e++ay-n+
ae+pera+eg€r
rtifizeC-be+ween
+gg+,m,and
*€O-a-m=
Jutdoor
:ntertainment
:stablishments
and open air
:ntertainment
:stablishments
!
\eighborhood
mpact
:stablishments
!!
lowever, in the R-PS4
listrict, this use is
rermitted, as an
rccessory use in
rceanfront hotels with
250 or more hotel
rnits, as a conditional
rse. Access to the
lstablishment shall be
>nly from the interior
obby of the hotel and
rot from the street.
\ccessory )*)*)*
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.
(i) Notwithstanding the uses permitted in (a) and (d) above, in all districts except GU,
government use district, no alcoholic beverage establishment, or restaurant, may be
licensed or operated as a main permitted, conditional, or accessory use in any open
area above the ground floor (any area that is not included in the FAR calculations)
located south of 5th Street. Except that:
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204
(1) Outdoor restaurant seating, not exceeding 40 seats, associated with indoor venues
may be permitted in the areas described in this subsection (i) before 8:00 p.m. with
no background music (amplified or nonamplified).
(2)
No commercial activity may be permitted on areas as described in this subsection (i)
between the hours of 8:00 p.m. and 10:00 a.m.
(3)
Nothing herein shall prohibit residents of a multifamily (apartment or condominium)
building, or hotel guests and their invitees to use these areas as described in this
subsection (i), which may include a pool or other recreational amenities, for their
individual, personal use.
Variances from this subsection (i) shall not be permitted. Special events shall not be
permitted in the areas described in this subsection (i).
() ln districts that allow commercial and hotel uses above. alcoholic beveraoe establishments
are permitted pursuant to the requlations set forth in Chapter 6, but not in contravention of
section (i) herein.
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
beveraqe 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). The previsiens ef subseetien ^
(3) The accessory uses in the TC-1 District are those uses permitted in Article lV,
Division 2 of this Chapter; alcoholic beveraqe establishments and accessorv outdoor
bar counters pursuant to the requlations set forth in Chapter 6: @
W
(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.
venues may be permitted in any epen area abeve the greund fleer until 8:00 p,m, with
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205
(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 requlations set forth in Chapter 6. with aleehel limited te beer and wine
@lnaddition,fullservicerestaurantsservingalcoholic
beverages pursuant to the requlations set forth in Chapter 6 er anglwith 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 or4ars
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 bars that serve aleehel alcoholic beverage establishments on
the entire site shall not exceed 1.5 persons. per hotel and/or apartment unit.
For a hotel or apartment property of less than 32 units, the restaurant or bar
may have a maximum of 40 seats in the aggregate on the site. The number ofunitsshallbethosethatresultafteranyrenovation.@
premises and shall be limited te elesingF ne later than 12 midnight subjeet te
limitatiens established in the Cenditienal Use preeese,
DIVISION 2. - ACCESSORY USES
Sec. 142-901. - General provisions.
(2)
tgl
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206
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 w @ieq
the planning and zening direeter may require the applieant te previde evidenee that sueh
(3) Accessorv uses in residential districts shall comply with the followinq. whether covered
or uncovered:
ln the RM-1 zonino district. the floor area of individual accessorv uses. or the total
aqqreqate floor area of multiple accessorv uses. shall not occupv more than twentv
(20) percent of the floor area of the main permitted use.
ln the RM-2 zonino district, the floor area of individual accessorv uses. or the total
aqqreqate floor area of multiple accessorv uses, shall not occupv more than thirtv
(30) percent of the floor area of the main permitted use. The Plannino Board mav
allow up to thirtv-five (35) percent throuqh the conditional use process.
ln the RM-3 zoninq. the floor area of individual accessorv uses, or the total
aqqreoate floor area of multiole accessory uses, shall not occupv more than fortv
(40) percent of the floor area of the main permitted use. The Plannino Board mav
allow up to fortv-nine (49) percent throuqh the conditional use process.
Anv outdoor, unenclosed or uncovered accessory use servinq alcohol and located
in an RM-2 district shall reouire Conditional Use approval.
The percentaoes contained in this section 142-901 (3) do not include required
parkino.
(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
is eustemarily asseeiated with ene ef the main permitted uses and if the planning andzeni ia,
ien-
a.
b.
c.
d.
e.
13
207
e, That the neeessary safeguards will be previded fer the preteetien ef surreunding
preperty; persens and neigl"berheed values,
@
(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 S€u+h 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 end+entng Qirector's decision pertaining to any finding shall be
to the Board of Adjustment as provided in chapter 118, article lX, and shall be
considered as an appeal of an administrative decision.
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. drinkinq establishments. outdoor and sidewalk caf6s, hotel
manaqement offices. and retail uses use in accordance with the requlations herein, as
well as accessory uses customarilv associated with the operation of an apartment
buildinq, as specified in subsection 142-902(2).
in+
b. Hotels located in the RM-2 district are permitted to have any accessory
restaurants, use in accordance with the reoulations
herein. ing,
exeepf--fer--dQance halls, entertainment establishments, neighborhood impact
establishments, outdoor entertainment establishments or open air entertainment
establishments shall be prohibited in an RM-2 district.
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208
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:
e. Buildings in the RM-3 and R-PS4 districts may have.
1. Commercial, office, eating or drinking uses with access from the main
lobby or from the street if they are either located on the ground floor,
subterranean level or on the highest floor of a building.
2. A retail store and / or a caf6 with less than 30 seats mav occuov space on
the amenitv level of an apartment buildino located within a RM-3 district that is
onlv open to residents and their ouests.
3. Office space, when originally constructed on the second level of an
existing building may be retained or re-introduced. When located on the ground
floor, office space shall be at least 50 feet from the front property line.
ARTICLE V. . SPECIALIZED USE REGULATIONS
DMSIEN 4- AICEHEtIE BEVERAGES
Venders may be pennitted te sell er distribute aleehelie beverages, either fer
(1) RM 2 multiple family' medium intensity,
(4) CD 2 eemmereial' medium intensity,
ffiffi
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209
(1 l) R PS3 residentialmedium high density,
(16) C PS1 eemmereial limited mixed use,(17) C PSZ eemmereial general mixed use,(18) C PS3 eernmereial inteneive mixed use,(19) C PS4 eemmereial intensive phased bayside,
tee
Venders shall be permitted te sell aleehelie beverages within the zening distriets listed in '^^+i^^
t+Z tA01 if sueh dl
'ngr
(#mi$ed-rnain-ases,
upen the fellewing; when beer and wine are served a minimum ef 30 seats
@
@+ses.e, Outdeer eafes; when net visible frern er en a publie street; alley; er vrray; shall
ie
lSeSrd, Gelf elubheuse; when leeated en e gelf eeurse; the sale ef aleehelie
tSeS-
ing
have a minimum ef l0 seats shall be permitted te sell aleehelie beverages fer
ises'
pr€mises-
e, eutdeer eafes when net visible frem a publie street; alley; er way; shall have
ne minimum seating requirement and shall be permitted te sell aleehelie
ises-
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210
d, Gelf elubheuse; when leeated en a gelf eeurse; the sale ef aleehelie
tSeS=
(3) {4eeessery gses kvhr'6h se// a/eehelio 6everages,/ Aeeessery uses whieh sell
@ien
(a) Netwithstanding any ether previsien ef this divisien; the sale ef beer fer eff premises
regulatien ef the state shall be exempt frem the regulatiens in '^^+r^^ ^ ; and seetiens
t ta tA0l and 1 12 130
than beer and ef beer fer en premises eensumptien shall be eendueted in aeeerdanee
with the previsiens ef seGtiens 1 ^ 12^1 and 1 ^ 12^^
(b) Nething herein shall be eenstrued te restriet sales ef aleehelie beverages in the eivie
DIVISION 6. ENTERTAINMENT ESTABLISHMENTS AND NEIGHBORHOOD IMPACT
ESTABLISHMENTS
***
Sec. 142-1 361. Definitions.
rnterfatnn?enf means an
nenamplified' played at a velume that dees net interfere with nermal eenversatien,
Enferfarnmenf esfab/ishmenf means a commercial establishment includinq. but not limited to,
restaurants, bars, and alcoholic beveraqe establishments that include live enterlainment, disc
iockev, patron dancing, and/or recorded entedainment. Entefiainment does not include
television, radio and/or recorded backqround music. plaved at a volume that does not interfere
with normal conversation, and indoor movie theater operations.
Hours of operation of enteftainment establishments. Enteriainment establishments mav not
operate between the hours of 5:00 a.m. and 10:00 a.m.
Liye enferfarnmenf shall mean and include all shows, live music, qames of sport and
performances of anv kind but shall not include adult entertainment.
N eigh borh ood impact e stablish menf means:
(1) An alcoholic beverage establishment, place of assembly or
restaurant, not also operating as an entertainment establishment or dance hall (as
defined in section 114-1), with an eeeupant eentent ef 300 er mere persens as
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211
6,000 square feet or more of oross floor area
inclusive of outdoor areas associated with food and beveraqe services; or
(2) An alcoholic beverage establishment, place of assembly or
restaurant, which is also operating as an entertainment establishment or dance hall (as
defined in section 114-1), with
3,500 square feet or more of qross floor area
inclusive of outdoor areas associated with food and beveraoe services.
(3) For purposes of this section. an alcoholic beveraqe establishment shall include
multiple establishments in one buildinq site unless both criteria (a) and (b) below are
met:
a. The alcoholic beverage establishments have separate Business Tax
Receipts.
b. The alcoholic beveraqe establishments are completelv self-contained
and do not share anv inqress or eqress points.
Pafron dancrnq shall mean dancino bv patrons or quests of an establishment or business.
Recorded enferfarnmenf means recorded music or recorded vocal entertainment or both,
amplified or non-amplified, but shall not include adult entertainment.
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 September 30, 2015.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
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PASSED and ADOPTED this day of 2016.
MAYOR
ATTEST:
CITY CLERK APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
City Attorney Date
First Reading:_, 2015
Second Reading:_, 2016
Verified by:
Thomas R. Mooney, AICP Planning Director
Underscore denotes new language
S+ri*e+n+eugh denotes removed language
T:\AGENDA\201S\September\PLANNING\Referral to Planning Board -Alcohol Regulations Ch 142 ORD.docx
19
213
CHAPTER 6 - ALGOHOLIC BEVERAGES
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING SUBPART A . GENERAL
ORDINANCES, CHAPTER 6 "ALCOHOLIC BEVERAGES" OF THE CODE 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. ALCOHOLIC BEVERAGES TO ENSURE THAT ALL
REGULATIONS RELATING TO ALCOHOL REGULATION ARE IN ONE
LOCATION; REMOVING ALL REGULATION OF ALCOHOLIC BEVERAGE
ESTABLISHMENTS FROM CHAPTER 142 AND PLACING THOSE
PROVISIONS lN CHAPTER 6; PROVIDING FOR DEFINITIONS; HOURS OF
OPERATION; DISTANCE SEPARATION; MINIMUM SEATS AND HOTEL
ROOMS; PROVIDING FOR NEIGHBORHOOD COMPATIBILITY CRITERIA;
PROVIDING FOR ENHANCED SEGURITY PROVISIONS FOR CERTAIN
DISTRICTS WITH ALCOHOL ESTABLISHMENT USES; PROVIDING FOR
REPEALER; SEVERABILIW; CODIFIGATION; 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 BEAGH, 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-the+*ate ("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 el€€h€+i€+eve+age 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 requlations enumerated in herein
214
Chapter 6, ieR and any other zoning inspection
and/or review that may be applicable to the review of such an application.
(bI Gensideratien ef a request fer a private elub Cenditienal Use permit; ineluding the heurs ef
eperatien, shall be pursuant te the Cenditienal Use Preeedures and Review Guidelines as
Sec. 6-3. Hours of Sale/Violations.
(a) The hours of sale of alcoholic beverages. whether as a permitted main or accessory use,
shall require a State License, and shall be according to the following schedule, except as
may be otherwise provided pursuant to subsection (7) ($-):
(1) Retail stores for package sales only - off premises consum
. Vendors
aleehelie beverages and tebaeee fer the sale ef liquer and ether aleehelie beverages fer
eensumptien eff th in mav
make sales of alcohol onlv for off premises consumption between the hours of 8:00 a.m.
andmidnight@
(2) Retail stores, including grocery, --anC-convenience stores, and gasoline
service/filling stations, hich primarily otfer
for sale products other than alcoholic beverages may make sales of beer and wine onlv
for off oremises consumption +eaied-eentainers-between the hours of 8:00 a.m. and
midnight@.
(3) All alcoholic beveraqe establishments with state licensure lieensed-as-alooHie
-on premise consumption only, either
shall enly effer fer sale the en premises
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, Iicensed 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
entertainmentshall 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 al{€urepy No patron or other
persons, other than those employed by the vendor 4gyt-{e-remain on the
premises therei+between the hours of 5:00 a.m. and 8:00 a.m.
215
Nete: Fer purpeses ef this seetien, full kitehen faeilities shall mean having eemmereial
ies
must eentain grease trap intereepters; and meet all applieable City; eeunty and
s*ate-eede+
(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 1-{+€g
p,m- midniqht. fer all establishments lieensed as aleehelie beverage establishments,
(5) Consideration of a request for a private club Conditional Use permit, includinq the
hours of operation. shall be pursuant to the Conditional Use Procedures and Review
Guidelines as listed in section 118-191 et seq. tt+
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 +u+suant{e Florida Statutes.
However, any private club permitted to remain open after 2:00 a.m. shall purehese+n
extra heurs lieense and must 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 unless
suchprivateclubistheholderofanextra-hoursand
complies with the above requirements.
(6) Upen a finding by the speeial master that a vielatien ef this seetien has eeeurred;
the City may initiate preeeedings te reveke the Certifieate ef Use; eeeupatienal lieense er
eertifieate ef OeeuBaney ef the vielater, ln additien; this seetien may be enfereed and
vielatiens may be punished as seeend degree misdemeaners; as previded in F,S' $S
7a5.082 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 laterthan 15 business days priorto 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.;
216
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;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 ef Flerida aleehelie beverage lLicense is current; andj. Any other conditions required by the City Manager in order to protect the
public health, safety, or welfare.
g) 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.
(8) Alcoholic beveraoe establishments located in the North Beach Town Center and
shall not otfer for sale the on-premises consumption of alcoholic beveraqes within the
areas and durinq the hours listed hereinafter unless a Conditional Use is obtained
pursuant to the section 1 18-191 , et seq.:
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 on a propertv within 100 feet of a propertv with a
residential unit mav not be operated or utilized between 8:00 p.m. and 8:00 a.m.
However. outdoor restaurant seatino, not exceedino 40 seats. associated with
indoor venues mav be permitted in anv open area above the oround floor until
8:00 p.m. with no backoround music (amplified or nonamplified).
b. ln the TC-3 (c) district. anv alcoholic beveraoe establishment shall be
limited to beer and wine and close no later than {2 midnioht. subiect to limitations
established in the Conditional Use Process.
(9) The Citv Manaoer mav suspend the provisions of subsection (6) at anv time to
protect the public health. safetv. or welfare.
(b) ViolafionVSpecral Masfer. Upon a findino bv the special master that a violation of this
section has occurred, the Citv mav initiate proceedinos to revoke the Certificate of Use,
Business Tax Receiot. or Certificate of Occupancy of the violator. ln addition. this section
mav be enforced and violations mav be punished as second deoree misdemeanors, as
provided in Florida Statutes SS 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
offeri ng alcohol ic beverages for consu m ption :
(1) Educational facilities. No alcoholic beverage
eensumptien establishment, includinq bottle clubs. shall be located in€-€epf,pner€ial{sq
within 3Og 500 feet of any property used as a public or private school-eperated-fer+he
217
ina'
provided. however, for the followinq exceptions:
a. Civic and Convention Center (CCC) district:
b. Hospital (HD) district, and
c. Within 300 feet of a marina.
(2) Places of worship. No alcoholic beverage shall be sold or offered for
consumption in a--eeramerei
pr€mises, in a alcoholic beveraoe establishment. includino bottle clubs. within 300 feet of
any property used as a place of worship, except in restaur
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.
(8) Eeftle e/gbs, There shall be ne bettle elubs within 300 feet ef any preperty used
rp
(b) Determination of minimum distance separation.
(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 ang-zen+ng
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 118-351, et seq.
Sec. 6-5. Patron age restrictions.
It shall be unlaMul for persons under the age of 21 to patronize, visit, loiter, be
admitted or allowed access, in any alcoholic beverage establishment, as defined in
section 114-1 of this Code, except as hereinafter provided. This restriction shall not
apply to:
(1) Persons employed by or at the alcoholic beverage establishments;
(a)
218
(2) Persons accompanied by either of their parents (natural, adoptive, or
stepparent) or legal guardian (appointed by a court);
(3) Alcoholic beverage establishments also licensed and operating as restaurants,
containing a full kitchen of appropriate size to serve the occupancy load of the
establishment, serving full meals at all times. ln the case of hotels, supermarkets, and
other similar multiuse establishments, this restriction applies only to those areas of the
establishment operating primarily as an alcoholic beverage establishment, and not
also operating as a restaurant as.deseribed-abeve; and
(4) Alcoholic beverage establishments also licensed and operating as motion
picture theaters, subject to compliance with subsection 6-4(a)(4).
(5) Supermarkets conductino wine tastinqs upon a premises authorized to sell
beer and wine bv packaoe or for consumption on premises. provided that the conduct
of the wine tastinq shall be limited to and directed toward the qeneral public of the aoe
of leqal consumption.
Section 6-6. Minimum seats and hotel room requirements:
Vendors shall be permitted to sell alcoholic beveraqes within zonino districts if such district
permits as a permitted main use or accessory use one of the followinq: Restaurant, bar.
alcoholic beveraoe establishment. outdoor cafe. private club. hall for hire or qolf clubhouse
pursuant to the followinq standards:
(Q Permitted 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 seatino requirement and
shall be permitted to sell alcoholic beveraoes onlv for consumption on the
premises.
d. Golf clubhouse located on a oolf course shall be permitted to sell
alcoholic beveraoes onlv for consumption on the premises.
tA Accessory uses. Hotels. apartment-hotels, or apartments. when permitted under
Chapter 142. shall be permitted to have accessorv uses on site. which sell alcoholic
beveraoes pursuant to the followino minimum standards:
219
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 40 seats
shall be provided.
b. Outdoor cafes when visible from a public street which have a minimum of
20 seats are oermitted to sell alcoholic beveraqes 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
beveraoes 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.
IO Variance requests from subsections (1) and (2) above shall not be permitted to
exceed 30% of the required number of seats.
Section 6-7. Exemptions.(a) Notwithstandinq anv other provision of this Chapter. 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 beveraoes 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 beveraoe establishments shall have a litter abatement prooram.
certified bv the Division of Sanitation. Such prooram shall include the followinq items:
a. All 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 oarbaqe pickups and service deliveries shall not take place between 5
p.m. and 8 a.m.:
c. All litter shall be cleared from the site, the adiacent public rioht-of-wav and
anv accessory oarkino lot on a dailv basis:
220
d. The establishment shall sweep the public riqhGof-wav adiacent to the
petitioned site and anv accessory parkino lot dailv and shall clean such public
rioht-of-wav with a pressure washino hose a minimum of once per week.
(2) The establishment shall screen anv dumpster used in coniunction with site. which
is visible from the public riqht-of-wav or parkino area with a six-foot opaque fence with
oates. No dumpster is permitted to be placed within the public riqht-of-wav.
(3) Equipment and supplies shall not be stored in areas visible from adiacent streets,
allevs or nearbv buildinos.
(4) lf installinq 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 surroundinq area. This mav include the installation of a fan in connection
with the kitchen exhaust svstem within the interior of the buildinq in order to reduce noise
levels.
(5) Anv outdoor or rooftop areas permitted to be utilized as part of an alcoholic
beveraoe establishment shall complv with the followinq operational and noise
attenuation requirements and limitations not in contravention of district- specific
provisions of the Land Development Reoulations:
a. Outdoor bar counters which are within 100 feet of a propertv with a
residential use shall require Conditional Use approval.
b. Outdoor bar counters. where permitted. shall not be operated or utilized
between midnioht and 8:00 a.m.: however, for a propertv with an accessorv
outdoor bar counter that is within 100 feet of a propertv with a residential use. the
accessorv outdoor bar counter mav not be operated or utilized between 8:00
p.m. and 8:00 a.m.
c. Oceanfront hotels with at least 100 hotel units mav operate and utilize an
accessorv outdoor bar counter. notwithstandino the above restriction on the
hours of operation. provided the accessorv outdoor bar counter is (i) located in
the rear vard, and (ii) set back 20 percent of the lot width (50 feet minimum) from
anv propertv line adiacent to a propertv with an apartment unit thereon.
d. 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.:
e. All entertainment is orohibited in the exterior spaces of the oropertv
unless approved pursuant to the Conditional Use Procedures and Review
Guidelines as listed in section 1 18-191 , et seo.,
L Rooftop accessorv bar counters shall require either Desion Review or
Historic Preservation Board approval. as applicable:
g;= ln residential districts, rooftop food and beveraoe services shall cease no
later than 11:00 p.m., unless hours of operation are extended pursuant to the
221
Conditional Use Procedures and Review Guidelines as listed in section 118-191.
et seq.;
h. For all alcoholic beveraoe establishments located in residential districts,
except the RM-3 zoninq district. onlv tables and chairs shall be permitted at the
oround level or first floor. Anv other type of furniture, includinq, but not limited to.
sofas, love seats. benches and picnic tables, shall require the review and
aporoval of the Desiqn Review Board. Historic Preservation Board. or Planninq
Board, as applicable.
(6) The principle means of inqress and eqress shall be from a public street or public
sidewalk. A public or private allev wav. a private road or a public park shall not be
permitted as a means of inoress. This shall not be applicable to Lincoln Lane North,
Lincoln Lane South. Collins Court, Washinqton Avenue or within the Mixed-Use
Entertainment (MXE) zonino district.
ARTICLE II. CONDUCT
Section. 6-36. Definitions.
The following words, terms and phrases, when used in this a#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 Chapters 1'14 and 142, except where the context clearly indicates a different
meaning:
A/coholic beyeraqe sa/es-On premises means the sale of beveraqes in open containers for
consumption on the premises onlv.
A/coholic beyeraqe sa/es-Packaqe means the sale of beveraqes in sealed containers for
consumption off the premises.
Ful/ krtchen faclrfies means havinq commercial qrade burners. ovens and refrioeration units of
sufficient size and quantitv to accommodate the occupancv content of the establishment. Full
kitchen facilities must contain qrease trap interceptors, and meet all applicable Citv, countv and
state codes.
PdmanTy means that more than fiftv (50) percent of the floor area of a retail establishment shall
be dedicated to the sale of alcoholic beveraqes. And in the instance of a restaurant, at least
fiftv-one (5'1) percent of the qross income of the restaurant must be derived from the sale of
prepared food and non-alcoholic beverages.
Schoo/ means a facilitv providinq a curriculum of elementarv and secondarv academic
instruction, includino kinderoartens, 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
222
of Use, e€€upatr€na++i€e+se or Certificate of Occupancy, whichever is appropriate. Additionally,
this article may be enforced and violations may be punished as follows:
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.
SEGTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith are and the same are hereby
repealed.
SECTION 4. SEVERABILIry.
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 September 30, 2015, inclusive of hours of operation
specified in the Land Use Board's final order.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of 2016.
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
10
City Attorney Date
223
First Reading:_, 2015
Second Reading:_, 2016
Verified by.
Thomas Mooney, AICP
Planning Director
Underscore denotes new language
S++Xe$reugh denotes removed language
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