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File ID: 1231
Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION TO AMEND
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, MORE SPECIFICALLY BY AMENDING ARTICLE 1, SECTION
1.2, ENTITLED "DEFINITION OF TERMS", TO ADD MICROBREWERY;
AND BY AMENDING ARTICLE 6, TO ADD SECTION 6.3.6, ENTITLED
"MICROBREWERIES"; CONTAINING A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami.
PURPOSE: This will modify Article 1 of the Miami 21 Zoning Code, more specifically by adding
the definition of "Microbrewery" in Article 1, Section 1.2. This will also amend Article 6 of the
Miami 21 Zoning Code to establish supplemental regulations for Microbreweries, to be permitted
as Alcohol Service Establishments, only in Cultural Specialty Districts.
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommended approval.
PLANNING, ZONING AND APPEALS BOARD: Recommended approval on September 21,
2016, by a vote of 7-0.
60-day Public Comment Period: August 31, 2016 — October 29, 2016
City of Miami File ID: 1231 (Revision:) Printed On: 1/16/2025
City of Miami
Legislation
Ordinance
Enactment Number:13653
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
File Number: 1231 Final Action Date: 12/8/2016
AN ORDINANCE OF THE MIAMI CITY COMMISSION TO AMEND
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, MORE SPECIFICALLY BY AMENDING ARTICLE 1, SECTION 1.2,
ENTITLED "DEFINITION OF TERMS", TO ADD MICROBREWERY; AND
BY AMENDING ARTICLE 6, TO ADD SECTION 6.3.6, ENTITLED
"MICROBREWERIES"; CONTAINING A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, On October 22, 2009, Ordinance No. 13114, the Zoning Ordinance of the
City of Miami, Florida was adopted as the City of Miami's Zoning Ordinance ("Miami 21 Code");
and
WHEREAS, Microbreweries have become effective economic redevelopment tools and
local -business incubators in many municipalities; and
WHEREAS, Breweries are currently permitted under the Manufacturing and Processing
Use category, which is limited to District Transect Zone designations (D1, D2, and D3); and
WHEREAS, Microbreweries have emerged in the Wynwood neighborhood, previously
zoned D1, and are characterized by low -to -moderate volume distribution and prominent
commercial components; and
WHEREAS, it has been determined that moderate -scale beer brewing operations, can
be reasonably permitted in other areas of the City of Miami; and
WHEREAS, the boundaries of existing Cultural Specialty Districts were drawn to
minimize the impacts of concentrated alcohol service establishments on residential
neighborhoods, and as such, these areas have an established resiliency to the potential impacts
of deliveries, distribution, and manufacturing functions associated with Microbrewery operations;
and
WHEREAS, best practices of other municipalities have been contemplated in crafting
supplemental nuisance abatement regulations, further minimizing the impact of microbrewery
operations; and
WHEREAS, On May 24, 2016, pursuant to Section 7.1.2.2 of the Miami 21 Code the
Planning and Zoning Director issued Determination of Use No. 2016-02 "Microbrewery
Determination of Use", attached and incorporated herein as Exhibit "A", to distinguish
Microbreweries from Breweries, and to craft supplemental regulations governing their
establishment; and
City of Miami File ID: 1231 (Revision:) Printed On: 1/16/2025
WHEREAS, Determination of Use No. 2016-02 establishes that Microbreweries may be
permitted as Alcohol Service Establishments as long as they are within a Cultural Specialty
District and adhere to specific supplemental nuisance abatement regulations; and
WHEREAS, Pursuant to Article 7, Section 7.1.2.2(b) of the Miami 21 Code, since the
Planning Director finds that the "particular Use or class of Use or characteristics of Use are
likely to be common or recurrent, and that omission of specific reference in the Miami 21 Code
is likely to lead to public uncertainty and confusion", it is necessary to rectify the omission of
Microbreweries from the Miami 21 Code; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting of
September 21, 2016, Item No. PZAB.4, following an advertised hearing, adopted Resolution No.
PZAB-R-16-051 by a vote of seven to zero (7-0), recommending approval of this item to the City
Commission; and
WHEREAS, the City Commission, after careful consideration of this matter, deems it
advisable and in the best interest of the general welfare of the City and its citizens to amend the
Miami 21 Code as hereinafter set forth;
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. The Miami 21 Code is hereby amended by making modifications to Article 1
and Article 6 in the following particulars:1
CC*
ARTICLE 1. DEFINITIONS
1.2 DEFINITIONS OF TERMS
Microbrewery: An establishment that is primarily a manufacturing facility, where beer is
produced for wider distribution and consumption on premises, with a maximum production of
15,000 barrels of beer per year. The establishment shall include retail sales, a tasting room,
and/or a restaurant where beer manufactured onsite is served. See Article 6.
ARTICLE 6. SUPPLEMENTAL REGULATIONS
6.3 COMMERCIAL USES
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 an
unchanged material.
City of Miami File ID: 1231 (Revision:) Printed On: 1/16/2025
6.3.6 Microbreweries:
The purpose and intent of these regulations are to: Establish baseline nuisance abatement
standards beyond those prescribed in Miami 21 Code; to allow Microbreweries in mixed -use
areas; to encourage beer manufacturers and distributors to provide retail sales and/or an
opportunity to consume on premises; and to promote compatibility of Microbreweries and the
surrounding land uses.
a. Building disposition and configuration
1. Microbreweries will be limited to the first story of the Principal Building and a
maximum area of 20,000 square feet.
2. The retail and/or consumption component of a Microbrewery shall be located on a
Principal Frontage.
3. The manufacturing and distribution functions of a Microbrewery shall be within a
fully enclosed structure or Building.
4. Unless otherwise stated herein, Microbreweries shall be subject to the regulations
of the underlying Transect Zone.
b. Permitting
Microbreweries may be permitted as Alcohol Service Establishments provided that they
are located within a cultural specialty district, as defined in Chapter 4 of the Code of the
City of Miami, Florida, as amended ("City Code"). All proposed Microbreweries shall be
required to obtain a Certificate of Use for the appropriate alcohol category as defined in
Sec. 4-2 of the City Code.
c. Offsite impact standards
1. Vibration standard — In general; a person of normal sensitivities should not be
able to feel any vibrations. (0.002g peak)
(a) Vibrations lasting less than five (5) minutes per day are exempt.
(b) Vibrations from vehicles that leave the site are exempt.
2. Odor standard — In general; continuous, frequent, or repetitive odors may not be
produced. The odor threshold is the point at which an odor may just be detected.
3. Sound standard — In general; continuous, frequent, or repetitive sounds may not
be produced.
Sound standards are further defined in Chapter 36 of the City Code.
4. Measurements for compliance with these standards are made from the property
line of abutting properties.
*„
City of Miami File ID: 1231 (Revision:) Printed On: 1/16/2025
Section 3. If any section, part of a section, paragraph, clause, phrase or word of
this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be
affected.
Section 4. It is the intention of the City Commission that the provisions of this Ordinance
shall become and be made a part of the Miami 21 Code, which provisions may be renumbered
or relettered and that the word "ordinance" may be changed to "section", "article", or other
appropriate word to accomplish such intention.
Section 5. This Ordinance shall become effective thirty (30) days after final reading
and adoption thereof:2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity Attor ey ) 11/7/2016
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
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.
City of Miami File ID: 1231 (Revision:) Printed On: 1/16/2025