EQUITABLE ESTOPPEL AND NONCONFORMANCE PROVISIONS - ALCOHOL HOURS OF SALE

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 118, ENTITLED “ADMINISTRATION AND REVIEW PROCEDURES,” BY AMENDING ARTICLE III, ENTITLED “AMENDMENT PROCEDURE,” BY AMENDING SECTION 118-168, ENTITLED “PROPOSED LAND DEVELOPMENT REGULATION AMENDMENTS; APPLICATION OF EQUITABLE ESTOPPEL TO PERMITS AND APPROVALS,” AND BY AMENDING ARTICLE IX, ENTITLED “NONCONFORMANCES,” SECTION 118-390, ENTITLED “PURPOSE/APPLICABILITY” AND SECTION 118-393, ENTITLED “NONCONFORMING USE OF BUILDINGS,” TO CLARIFY, CONSISTENT WITH FLORIDA LAW, THAT THE PROVISIONS OF THESE SECTIONS DO NOT APPLY TO ALCOHOL HOURS OF SALE; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.

PLANNING ANALYSIS
The following is a summary of the proposed amendments to Chapter 118 of the City Code:

Section 118-68 - Proposed land development regulation amendments; application of equitable estoppel to permits and approvals.
An additional exception provision has been added to clarify that this section shall not apply to any proposed amendment to this Code, including the repealer of an existing provision, that modifies the permitted hours for the sale or service of alcoholic beverages at alcoholic beverage establishments.

Section 118-390 – Purpose and Applicability
A new subsection has been added pertaining to alcohol hours of sale and legislative intent. Specifically, a nonconforming use shall be required to comply with any applicable amendments to this Code, including the repealer of an existing provision, that modifies the permitted hours for the sale or service of alcoholic beverages at alcoholic beverage establishments.

PLANNING BOARD REVIEW
The Planning Board is scheduled to hold a public hearing on April 26, 2022 and transmit the Ordinance to the City Commission with a recommendation. The Administration will update the City Commission on the Planning Board recommendation at the Commission meeting.

APPLICATION FEE WAIVER
The subject amendment is being referred on a comprehensive, citywide basis, and not on behalf of a private applicant or third party. Pursuant to section 118-162(c) of the Land Development Regulations of the City Code, amendments to the City Code require the payment of the applicable fees in section 118-7 and Appendix A. These fees may be waived by a five-sevenths (5/7ths) vote of the City Commission, based upon one or more of the following circumstances:

1. The City Manager determines, in writing, that the proposed amendment is necessary due to a change in federal or state law, and/or to implement best practices in urban planning;

2. Upon written recommendation of the city manager acknowledging a documented financial hardship of a property owner(s) or developer(s); and/or

3. If requested, in writing, by a non-profit organization, neighborhood association, or homeowner's association for property owned by any such organization or association, so long as the request demonstrates that a public purpose is achieved by enacting the applicable amendment.

The City Manager has determined that the proposed amendment is necessary to implement best practices in urban planning.