Ord. No. 19-87-1291ORDINANCE NO.19-87-1291
AN ORDINANCE OF THE MAYOR AND COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA,AMENDING ALL
SECTIONS OF CHAPTER XX OF THE CODE OF ORDINANCES
OF THE CITY BY ELIMINATING ALL ESTABLISHMENTS
SERVING ALCOHOLIC BEVERAGES FOR ON-PREMISES
CONSUMPTION FROM THE SCHEDULES OF USES PERMITTED;
ESTABLISHING A NON-CONFORMING USE FOR EXISTING
LICENSED ESTABLISHMENTS;ESTABLISHING STANDARDS
FOR SPECIAL USE PERMITS TO BE ISSUED FOR ANY
FUTURE ESTABLISHMENTS;PROVIDING FOR SEVERABILITY,
PROVIDING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH BE REPEALED,AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS,Chapter 20of the Code of Ordinances of the
City of South Miami provides for establishments serving alcoholic
beverages as uses permitted in the commercial and industrial
zones of the City;and
WHEREAS,in conjunction with the revisions to Chapter 4
of the Code of Ordinances,the Mayor and City Commission deem it
in the public interest to re-classify standards and uses permit
ted in the City for the provision of on-premises consumption of
alcoholic beverages.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.That Section 5-11-3-.03 is hereby amended
as follows:
5-11-3
.03.Eating Establishments,including a
restaurant,cafeteria or coffee shop,
provided that there shall be no sale for
on-premisesconsumptionofalcoholic
beverages except as provided by Section
5-18-2 herein;provided that there be
adequate ingress and egress which will not
create adverse traffic conditions,that a
public hearing be held bythe Commission to
determinetheoverall compatibility ofthe
proposed use with the neighborhood,and that
ithaveonlyinsideorpatioservice.Those
operationsofa walk-up,drive-in,quick
service,or fast-food nature,which serve
food in disposable or plastic containers are
not permitted.
Section 2.That Section 5-12-3-.03 is hereby amended
as follows:
5-12-3
.03.Eating Establishments,including a
restaurant,cafeteria or coffee shop,
provided that there shall be no sale for
on-premises consumption of alcoholic
beverages except as provided by Section
5-18-2 herein;provided that there be
adequate ingress and egress which will not
create adverse traffic conditions,that a
public hearing be held bythe Commission to
determine the overall compatibility of the
proposed use with the neighborhood,and that
it have only inside or patio service.Those
operations ofa walk-up,drive-in,quick
service,or fast-food nature,which serve
food in disposable or plastic containers are
not permitted.
Section 3.That Section 5-13-2 is hereby amended by
removing the following permitted uses:
bar or lounge
Section 4.That Section 5-13-3-.01 is hereby amended
as follows:
5-13-3 Special uses Permitted.
.01.Eating Establishments,including a
restaurant,cafeteria or coffee shop,
provided that there shall be no sale for
on-premises consumption of alcoholic
beverages except as provided by Section
5-18-2 herein;provided that the use has only
inside or patio service and no walk-up or
drive-in service.
Section 5.That Section 5-13-3R-.01 is hereby amended
as follows:
5-13-3R Special Uses Permitted.
.01.Eating Establishments,including a
restaurant,cafeteria or coffee shop,
provided that there shall be no sale for
on-premises consumption of alcoholic
beverages except as provided by Section
5-18-2herein;providedthattheusehasonly
inside or1 patio service andno walk-up or
drive-in service.
Section 6.That Section 5-14-2 is hereby amended by
limiting the permitted useof restaurants and cafeterias:
5-14-2 Uses Permitted.
Restaurants orCafeterias(excludingalcohol
icbeveragesaleexceptashereinprovided).
Section 7.That there is hereby created a new Section
5-18 as follows:
5-18-1 Alcoholic Beverages:Non-Conforming Uses
All uses in the City with a current and valid
alcoholic beverage license or which have
applied for a license for on-premises con
sumption on or before August 18,1987 shall
be deemed to be permitted non-conforming uses
and as such may continue until found to be
non-conforming pursuant to Article IX of this
Chapter XX or as permitted to exist pursuant
to Section 4-2 of Chapter 4 of the Code of
Ordinances.After August 18,1987,the right
to establish a use for the provision of
on-premises alcoholic beverage consumption
shall be as provided below.Prior to October
1,1987,the Director of Building,Zoning and
Community Development shall issue Occupation
al Licenses for all uses in existence as
provided above which shall designate the
proper use of the establishment as defined in
Section 4-6 of Article 4 of the Code of
Ordinances.Any subsequent change of use by
any applicant shall be in accord with the
provisions of this Article and Chapter 4 of
the Code of Ordinances.
5-18-2 Special Uses Permitted
Special use permits for the establishment of
any bar or lounge,restaurant serving
alcoholic beverages or nightclub,as all
terms are defined in Section 4-6 of Chapter 4
of the Code of Ordinances shall be as
follows:
a)Bars or lounges shall be specially
permitted in the following zoning
districts:C-2,C-3 and I.
b)Restaurants serving alcoholic beverages
shall be specially permitted in the
following zoning districts:C-2,C-2R,
C-3,I.
c)Nightclubs shall be specially permitted
in the following zoning districts:C-2.
Notwithstanding any other provision of the
"Uses Permitted"sections of Article V of the
Zoning Code,the above specifically permitted
districts are the exclusive districts where
such uses are permitted.
5-18-3ConditionsforIssuanceofSpecialUse
Permits.
.01 Compliance with all provisions of
Chapter 4 of the Code of Ordinances^
.02 Site Plan Approval.In addition to all
requirementsofSection11-5through11-5-6
oftheCodeof Ordinances,site planapproval
shall be required prior to the issuance ofa
specialusepermitforanyofthefollowing:
•
a)The construction of any new alcoholic
beverage establishment;
b)The construction of any new parking
spaces required or provided for the
building or structure in which an
existing or proposed alcoholic beverage
establishment is located.
c)The expansion of the gross floor area of
a building or structure in which an
existing or proposed alcoholic beverage
establishment is located.
In reviewing a site plan for an alcoholic
beverage establishment,the City shall
determine if all conditions,as set forth in
this Section have been met,whether
appropriate landscaping has been provided,
whether buffering ofan appropriate nature
has been provided between incompatible land
uses,and any other criteria germane to
health,safety and welfare of the community.
d)Site-Plan approval shall require four
affirmative votes for City Commission
approval.
Section 8.If any section,clause,sentence or phrase
of this ordinance is held tobe invalid or unconstitutional by
any court of competent jurisdiction,then said holding shall in
no way affect the validity of the remaining portions of this
ordinance.
Section 9.All ordinances or parts of ordinances in
conflict herewith shall be,and the same are,hereby repealed.
Section 10.This ordinance shall be effective
immediately upon passage.
PASSED AND ADOPTED th is (S
&
APPROVED
ATTE
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7
Sd and approved as to
CITY ATTORNEY
^A
PASSED ON 1ST READING:
PASSED ON 2ND READING:
8/4/87
10/6/87
Additions shown by underlinings
Deletions shown by
07-7-11
day of ,1987.