10-21-08 Item 11I ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE
5 CODE OF ORDINANCES, AMENDING CHAPTER 4, ARTICLE I,
6 SECTION 4 -2 ENTILTED "DISTANCE REQUIREMENTS; NON -
7 CONFORMING USE; CERTIFICATE OF OCCUPANCY" IN
8 ORDER TO EXEMPT APPROVED MIXED USE PLANNED UNIT
9 DEVELOPMENTS (PUD -M) FROM THE DISTANCE
10 REQUIREMENTS GOVERNING ALCOHOLIC BEVERAGE
11 SERVICE AND RESDENTIAL USES; PROVIDING FOR
12 SEVERABILITY, ORDINANCES IN CONFLICT, AND
13 PROVIDING FOR AN EFFECTIVE DATE
14
15 WHEREAS, South Miami's Code of Ordinances requires planned unit developments to be so
16 related to general development patterns and the objectives of the city's adopted Comprehensive Plan as
17 to provide for the comfort and convenience of occupants, facilitate protection of surrounding
18 neighborhoods and alleviate traffic congestion; and
20 WHEREAS, Planned unit developments are reviewed by the Environmental Review and
21 Preservation Board pursuant to Section 20 -5.12 of the Land Development Code; and
22
23 WHEREAS, the Planning Board also reviews the plan unit development application and holds a
24 public hearing prior to transmitting its recommendation to the city commission; and
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26 WHEREAS, the City Commission as part of its review process conducts at a minimum one
27 public hearing where it evaluates the conceptual site plan, floor plan, elevations of all buildings and uses
28 as intended to be located, constructed and used; and
29
30 WHEREAS, as a result of the comprehensive review process afforded to planned unit
31 developments, Section 20 -3.7 (A) (3) provides that where there are conflicts between planned unit
32 developments and other sections of the Land Development Code, the regulations contained in Section
33 3.7 shall govern; and
34
35 WHEREAS, Section 20 -3.7 (E) of the Land Development Code establishes the requirements
36 and permitted uses for Mixed Use Planned Unit Developments (PUD -M); and
37
38 WHEREAS, Section 20- 3.7(E) (2) specifically enumerates "Eating and drinking places" as an
39 accessory use that may be permitted in a PUD -M development;
40
41 WHEREAS, the proposed amendment to Chapter 4 resolves potential conflicts between the
42 Land Development Code and the South Miami Code of Ordinances and allows residents within an
43 approved PUD -M development to have dining opportunities within their community;
44
45 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
46 OF THE CITY OF SOUTH MIAMI, FLORIDA:
1 Section 1: The distance requirements set forth in Sec. 4 -2, of the South Miami Code of Ordinances
2 between residential uses and alcoholic beverage uses, are hereby amended as set forth below
4 Sec. 4 -2. Distance requirements; nonconforming use; certificate of occupancy.
5 (a) Distance requirements.
6 (1) Distance from a church, school, or residential property shall be measured by following a straight
7 horizontal line from the nearest point of the property line of the property on which the proposed licensed
8 establishment is to be located to the nearest point of the property line of a church, school or residential
9 property.
10 (2) In all other cases, distance shall be measured by following a straight horizontal line from the nearest
11 point of the perimeter wall of the proposed establishment to the nearest point of the perimeter wall of the
12 existing establishment.
13 (3) No premises shall be used for the sale of alcoholic beverages where the proposed licensed
14 establishment is located less than the distance in feet from another use as indicated in the following
15 chart:
16
17
18 TABLE INSET:
Spacing
Bars/
Gift
Noncon
Required
Church
Residential
Restaurant
lounges
Night
Grocery
Sup
Package
forming
Clubs
kets
(feet)
uses
Restaurants
500
500
Bar /lounge
500
500
Nightclub
500
500
Grocery
500
store
Supennarkets
500
Package
500
500
stores
Gift baskets
Nonconfor
ming uses
20 * The spacing between residential properties and restaurants, bar /lounge and nightclub does not apply
21 within the Hometown District, as well as adjacent residential property outside of the Hometown District,
22 and does not apply within approved PUD -M developments as well as to adjacent residential property
23 outside of the roved PUD -M development. provided the alcoholic beverage uses are within and ancillary
24 to a restaurant which serves cooked, full course meals daily prepared on the premises.
1 (4) Exceptions fiom the aforementioned distance requirements from residential. Premises located in
2 zoning districts which permit restaurants and which are located along Bird Road and U.S. 1 (South Dixie
3 Highway) may serve wine and beer as part of an approved restaurant use where no bar is provided,
4 where food is served in conjunction with alcoholic beverages within or upon the premises at approved
5 seating only, and where a permanent, opaque buffer is provided between the premises and any and all
6 adjoining properties which are zoned residential. Distance requirements from churches and schools shall
7 be observed for all properties along Bird Road and U.S. 1 (South Dixie Highway).
8 (b) Compliance prerequisite to issuance of licenses, permits, certificates. No certificate of use or
9 occupancy, license, building or other permit shall be issued to any person, firm, or. corporation for the
10 sale of alcoholic beverages to be consumed on or off the premises where the proposed place of business
11 does not conform to the requirements of subsection (a) of this section.
12 (c) Violating uses declared nonconforming; abandonment. The uses referred to in subsection (a) of
13 this section that are in violation of the provisions thereof shall be deemed to be nonconforming, and as
14 such may continue until there is an abandonment thereof. Once a nonconforming use is abandoned it
15 shall not be reestablished unless it can conform to the requirements of this chapter. Abandonment shall
16 consist of a change of use or of a suspension of active business with the public for a period of six (6)
17 months, or prior to the end of the period, on a written declaration of abandonment by the tenant and
18 owner of the premises if under lease, and if not, by the. owner. _ _ L -
19- (d) Sketch indicating location. For the purpose of establishing the distance between alcoholic beverage
20 uses and any other use, the applicant for such use shall furnish a certified survey. Such survey shall
21' indicate the distance in feet between the proposed place and any other use.
22 (e) Reserved.
23 (f) Reserved.
24 (g) Reserved.
25 (h) Certificate of occupancy void after thirty (30) days if premises not established. All alcoholic
26 beverage uses must be established on the premises within thirty (30) days of the date of issuance of a
27 certificate of use and occupancy, otherwise said certificate of use and occupancy shall be null and void.
28 (i) Compliance prerequisite to issuance of license. Anything to the contrary notwithstanding, no liquor
29 license of any type may be used in a manner contrary to this chapter. The tax collector shall issue no
30 license unless a current certificate of use or occupancy in the applicant's name accompanies the
31 application. The license as issued shall note thereon any special limitations or restrictions applicable due
32 to the zoning on the property.
33 0) Application of state law, zoning requirements. Nothing herein, however, shall be deemed and
34 attempt to modify any prohibition or make less restrictive any requirements by the laws of the State of
35 Florida, or any requirement or restriction established by Chapter 20 of this Code [the city zoning
36 ordinance].
37 (Ord. No. 128, § 2, 9- 24 -40; Ord. No. 153, 5- 21 -46; Ord. No. 161, 7 -1 -47; Ord. No. 379, §§ 1, 2; Ord.
38 No. 391, § 1, 11- 19 -57; Ord. No. 453, § 1, 12- 20 -60; Ord. No. 1289, §§ 1, 2, 10 -6 -87; Ord. No. 1289A,
39 §§ 1, 2, 11 -3 -87; Ord. No. 1448, §§ 2 - -5, 6- 12 -90; Ord. No. 1558, § 1, 6- 14 -94; Ord. No. 1651, § 1, 2 -3-
40 98; Ord. No. 1749, § 1, 8 -7 -01)
41 State law references: Authority to restrict location of vendors by zoning ordinance, § 561.44 et seq.,
42 Florida Statutes.
43
44 Section 2: All ordinances, resolutions and parts thereof, in conflict with this ordinance shall not be in
45 force and effect during the time period of this ordinance.
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Section 3: If any section, clause, sentence, or phrase of this ordinance if for any reason held invalid
or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the
remaining portions of this ordinance.
Section 4. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are
repealed.
Section 5. This ordinance shall take effect immediately upon approval.
PASSED AND ADOPTED this day of 2008
ATTEST: APPROVED:
CITY CLERK MAYOR
1 st Reading -
2 °a Reading-
READ AND APPROVED AS TO FORM:
.Luis R. Figueredo,
Nagin, Gallop & Figueredo, P.A.,
Office of City Attorney
MIAMI 1635421.2 7743027649
10/17/08
CITY COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Wiscombe:
Commissioner. Palmer:
Commissioner Beckman: