HomeMy WebLinkAboutCC Legislation (Version 2)City of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 08-01109zt Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING CHAPTER 4/ARTICLE I OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED "ALCOHOLIC BEVERAGES/IN GENERAL,"
MORE PARTICULARLY BY AMENDING SECTION 4-2, ENTITLED
"DEFINITIONS," AND SECTION 4-11, ENTITLED "EXCEPTIONS TO DISTANCE
REQUIREMENTS," TO CREATE THE MIAMI MODERN (MIMO)/BISCAYNE
BOULEVARD HISTORIC SPECIALTY DISTRICT, WAIVING DISTANCE
EXEMPTIONS FOR ESTABLISHMENTS SERVING ALCOHOLIC BEVERAGES;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Miami ("City") designated the Miami Modern (MiMo)/Biscayne
Boulevard Historic District in 2006; and
WHEREAS, the designation of an historic district is an honor for the community and its
residents and a city's long-term commitment to nurture a special neighborhood; and
WHEREAS, the designation of an historic district is a signal by the City that the neighborhood
is important to preserve and requires special treatment by both the City, the property owners, residents
and commercial business entrepreneurs; and
WHEREAS, the designation of an historic district adds certain restrictions on property owners
regarding design guidelines for restoration and new infill structures, review of demolition permits, and
restrictions on land use; and
WHEREAS, due to historic district guidelines imposed by the City, the City administration and
elected officials are encouraged to enact economic and zoning incentive measures that will stimulate
property owners to restore historic buildings, re -adapt the uses of their existing structures and develop
new infill within the zoning; and
WHEREAS, it is important to attract new property owners and entrepreneurs to redevelop the
historic district; and
WHEREAS, Chapter 4, Article I, Section 4-11 of the Code of the City of Miami, Florida, as
amended ("City Code"), allows for certain distance exemptions from distance separation requirements;
and
WHEREAS, the City has previously approved exemptions from certain distance separation
requirements to promote cultural resources by creating specialty districts, which has helped foster
economic growth in those districts; and
WHEREAS, the exemptions from certain distance requirements for establishments serving
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alcoholic beverages in the Miami Modern (MiMo)/Biscayne Boulevard Historic Specialty District will
enhance and promote the area; and
WHEREAS, the City Commission finds that the waiving of the distance requirements near
schools promotes the public health, safety, and general welfare of the community;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2.
Sec. 4-2. Definitions.
Chapter 4, Article I of the City Code is amended in the following particulars:{1}
"CHAPTER 4
ALCOHOLIC BEVERAGES
ARTICLE I. IN GENERAL
*
(a) For the purposes of this section, the following words and phrases shall have the meanings
respectively ascribed to them, the type of license required by the state is indicated in parenthesis:
* * *
Miami Modern (MiMo)/Biscayne Boulevard Historic Specialty District: the area located between
NE 50th Street and NE 77th Street on the East and West side of Biscayne Boulevard.
Sec. 4-11. Exceptions to distance requirements.
*
*
(I) The restrictions as to distances between establishments as hereinabove set forth shall not
be applicable to Properties located in the Miami Modern (MiMo)/Biscayne Boulevard Historic
Specialty District as defined in Section 4-2 herein, subject to the following to the following
limitations:
(1) Intent. It is intended that the herein exception to the distance requirements be
applied to restaurants only, as defined in Section 4-2 herein.
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File Number: 08-01109zt
(2) Permitted main uses.
Restaurants, as defined in Section 4-2 herein, within Properties shall be
permitted to sell alcoholic beverages for consumption on the premises when a
minimum of 30 seats are provided.
(3) Accessory uses.
Restaurants, as defined in Section 4-2 herein, which have a minimum of 30
seats and are located within hotels, apartment -hotels, or apartments, or any
mixed use in a Property having a minimum of 30 apartment units or a minimum
of 30 hotel units and which are located in the Miami Modern (MiMo)/Biscayne
Boulevard Historic Specialty District shall be permitted to sell alcoholic
beverages for consumption on the premises.
Section 3. If any section, part of section, paragraph, clause, phrase or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof. {2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
Footnotes:
{1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted
and unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date
stated herein, whichever is later.
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