O-711-15 ORDINANCE NO. 711-15
AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL, AMENDING THE
VILLAGE'S CODE OF ORDINANCES, "ZONING APPENDIX A" TO ADD WINE AND
CRAFT BEER CAFE TO THE LIST OF PERMITTED USES IN THE B-1 and B-2
ZONING DISTRICTS WITHIN THE SCHEDULE OF REGULATIONS; TO ALLOW FOR
THE CONSUMPTION OF ALCOHOLIC BEVERAGES ON PREMISES CONDITIONAL
ON MEETING CERTAIN CRITERIA; TO PROVIDE FOR OFF-STREET PARKING
REGULATIONS; AND TO DELETE AND RESERVE SEC. 610 GRANTING OF
SPECIAL APPROVAL TO RESTAURANTS FOR CONSUMPTION OF BEER AND
WINE ON PREMISES; PROVIDING FOR CONFLICTS, PROVIDING FOR
SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, During the regularly scheduled Council Meeting of Tuesday, May 5, 2015,
the Village Council directed the Administration to draft an ordinance amending the Village's
Alcoholic Beverage code; and,
WHEREAS, In accordance with the directives of the Village Council, the Administrative
Staff has cooperatively drafted an ordinance amending Chapter 4 of the Code of Ordinances,
such amendment necessitating corresponding amendments to the Village's Zoning Appendix A;
and,
WHEREAS, In accordance with the directives of the Village Council, the Village Planning
and Zoning Board held public hearings and forwarded a report and recommendation on
changes to the Village's Zoning Appendix A; and,
WHEREAS, taken together, the two ordinances will properly amend the Zoning
Appendix A and Chapter 4 of the Village's Code of Ordinances;
NOW, THEREFORE, BE IT ORDAINED BY THE MIAMI SHORES VILLAGE COUNCIL
that the Village's Zoning Appendix A shall be amended to add the following:
Section 1. "Wine and Craft Beer Cafes" and "Restaurants", shall be added to the Schedule
of Regulations and shall stand amended to read as follows:
Site Plan Review By the Permitted Uses
Planning Board as Provided in
Article VI.
B-1 No use of any kind except for Food operations:
restaurants and wine and craft Restaurants: Subject to
beer cafes shall be established Chapter 4 Alcoholic Beverages
except in accordance with a site and Sec. 4-2 Special approval
plan approved by the planning required, if applicable.
board as provided in Article VI,
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and no building shall be erected Wine and craft beer cafes:
or altered in exterior appearance Subject to Chapter 4 Alcoholic
except in accordance with a Beverages and Sec. 4-2
design thereof approved by the Special approval required, if
planning board as provided in applicable.
Article VI.
B-2 No use of any kind except for 9. Food operations:
restaurants and wine and craft a. Restaurants: Subject to
beer cafes shall be established Chapter 4 Alcoholic Beverages
except in accordance with a site and Sec. 4-2 Special approval
plan approved by the planning required, if applicable.
board as provided in Article VI,
and no building shall be erected b. Wine and craft beer cafes:
or altered in exterior appearance Subject to Chapter 4 Alcoholic
except in accordance with a Beverages and Sec. 4-2
design thereof approved by the Special approval required, if
planning board as provided in applicable.
Article VI.
Section 2. Sec. 501 (2), Prohibited Uses, shall stand amended to read as follows:
The sale of alcoholic beverages, as the same is defined in Florida Statutes 1955, Chapter
561.01 for consumption on the premises, except as permitted under Chapter 4 of the Code.
Section 3. Sec. 521 Restaurants (A) Minimum Off-Street Parking Schedule Requirements
by Usage, shall stand amended to read as follows:
Restaurant, wine and 1 space/25,000 sq. ft. building
beer cafes: floor area.
A. Sit Down New construction 1 space/100 sq.
ft. There shall be no off-street
parking requirement for any
restaurant, wine and craft beer
cafe or alcoholic beverage
establishment located in a
building for which a certificate of
occupancy was issued on or
before December 31, 2015. New
construction shall be defined as
any new principal building or
structure for which a certificate of
occupancy was issued on or after
January 1, 2016, or any addition
or improvement to a building or
structure the cost of which
exceeds fifty percent 50% of the
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total assessed value of the
building or structure before the
improvement.
Section 4. The text contained in Sec. 610 as amended shall be covered in Chapter 4
Alcoholic Beverage. New Zoning Appendix Sec. 610 shall be "reserved" for future use.
Section 5. All ordinances or parts of ordinances in conflict herewith or inconsistent
herewith, are hereby repealed, but only insofar as such ordinances may be inconsistent or in
conflict with this Ordinance.
Section 6. If any section, sentence, clause or phrase of this Ordinance is held to be
invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no
way effect the validity of the remaining portions of this Ordinance, which shall be deemed to be
severable therefrom.
Section 7. This Ordinance shall become effective immediately upon second and final
reading.
APPROVED ON FIRST READING this 21st day of July .1 2015.
ADOPTED ON SECOND AND FINAL READING this 3�d day of November , 2015.
� Atw�
Alice Burch, Mayor
ATTEST:
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Barbara A. Estep, MM
Village Clerk
APPROVED AS TO FORM:
r
Richard Sarafan, Village AXtorney
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