The URL can be used to link to this page

Home My WebLink AboutO-13653City of Miami Ordinance 13653 Legislation City Hall 3500 Pan American 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 Page 1 of 4 File ID: 1231 (Revision:) Printed On: 3/18/2025 File ID: 1231 Enactment Number: 13653 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 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 Page 2 of 4 File ID: 1231 (Revision:) Printed on: 3/18/2025 File ID: 1231 Enactment Number: 13653 6.3 COMMERCIAL USES 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. City of Miami Page 3 of 4 File ID: 1231 (Revision:) Printed on: 3/18/2025 File ID: 1231 Enactment Number: 13653 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. *„ 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, City ttor 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 Page 4 of 4 File ID: 1231 (Revision:) Printed on: 3/18/2025