Ord. No. 10-97-1631ORDINANCE NO. 10 -97 -1631
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CREATION OF
SECTION 20 -3.3 (E) AND AMENDMENT OF SECTION 20 -7.29
(A), (B) AND (C) OF THE LAND DEVELOPMENT, IN ORDER TO
PERMIT OUTDOOR CAFES ON PUBLIC AND PRIVATE PROPERTY FOR
ALL BUSINESS DISTRICTS IN THE CITY WITH THE EXCEPTION
OF THE "RO" RESIDENTIAL OFFICE ZONING DISTRICT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on October 19, 1993, the City Commission voted to
adopt Ordinance No. 19 -93 -1545, the Hometown District Overlay
Ordinance, which created pre - approved outdoor dining locations on
both public and private property, in order to provide for the
creation of sidewalk and other outdoor cafe operations; and,
WHEREAS, on July 18, 1995, the City Commission voted to
adopt Ordinance No. 9 -95 -1582 which created Section 20 -7.9 of the
Hometown District Overlay Ordinance to provide for a method to
permit and regulate outdoor seating /dining uses and areas; and,
WHEREAS, only three locations within the Hometown District
are approved to operate outdoor seating /dining operations and
such use is not permitted anywhere else within the City; and,
WHEREAS, entrepreneurs and property owners in the Hometown
District and in other commercial areas of the City have from time
to time expressed a desire to operate sidewalk cafes and other
outdoor seating /dining establishments on the premises of their
commercial properties which are not part of the three locations
currently permitted under the Hometown District; and,
WHEREAS, the City Commission desires to create, promote and
encourage an environment which offers equal opportunities for all
commercial business owners and property owners within the City.
WHEREAS, the City Administration is recommending that the
current fee for Outdoor Seating /Dining Uses be amended; and,
WHEREAS, the Mayor and the City Commission find that it is
in the public interest to offer equal opportunity in the City.
Citywide Cafe Ordinance: 2nd Reading April 1, 1997 1
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION • THE CITY • SOUTH MIAMI, FLORIDA:
Section 1. Section 20-3.3 (E) is created to read as follows:
(E) Outdoor Seating/Dining for All Commercial Properties, except
for properties in the "ROff Residential office zoning district
(1) An application must be filed which shall include layout of all
tables, chairs, benches, and other furniture; pedestrian ingress
and egress; location of refuse containers; and other elements
necessary to illustrate the proposed outdoor seating/dining use
and area (all drawings must be titled, indicate orientation, and
be at an acceptable scale).
(2) Outdoor seating/dining areas and uses of the public right-of-way
and/or any private property may be approved, denied, or approved
with conditions, modifications, safeguards, or stipulations
appropriately and reasonably related to the intent, purposes,
standards, and requirements of the related regulations, by the
City Manager. Such permit shall not be transferable in any
manner, and is strictly a conditional use permit, issued for a
period of one year, renewable annually via payment of the annual
occupational license fee for such outdoor seating/dining uses.
(3) The fee for outdoor dining/seating use and area will be waived
for the first year of operation, and shall be charged annually in
the amount of $250.00; the permit fee shall be added to the
occupational license fee for the main business.
(4) The applicant shall provide an Indemnity Agreement that is
acceptable to the City Manager. This agreement will include
specification of liability insurance provided.
(5) The conditional use permitting of outdoor seating/dining use and
area may be revoked by the City Manager upon finding that one or
more conditions of these regulations have been violated, or that
the outdoor seating/dining area and use are being operated in a
manner that constitutes a public nuisance, or in any way that
constitutes a reasonable risk of potential liability to the City.
(6) outdoor seating/dining use and area may be temporarily suspended
by the City Manager for public use/purpose, utility, sidewalk or
road repairs, emergency situations or violations of provisions
contained herein. The length of suspension shall be determined
by the City Manager as necessary. Removal of all street
furniture and related obstructions shall be the responsibility of
the owner/operator of the outdoor seating/dining.
Citywide Caf6 Ordinance: 2nd Reading April 1, 1997 2
(7) Outdoor seating/dining area shall be kept in a neat and orderly
appearance and shall be kept free from refuse and debris.
(8) Outdoor seating/dining use and area shall not interfere with the
free and unobstructed pedestrian or vehicular circulation of
traffic, public access to any street intersections, crosswalks,
public seating areas and conveniences, bus stops, alleys, service
easements, handicap facilities, or access to any other commercial
establishments. The width and location of the passage is to be
determined by the City's Planning Division.
(9) Outdoor seating/dining area on the public rights-of-way shall be
open and un-enclosed. No building structures of any kind shall
be allowed in and over any portion of the outdoor seating/dining
area located on public property.
(10) Tables, chairs and all other furniture used in the operation of
an outdoor seating/dining area on the public rights-of-way shall
not be anchored or restrained in any manner. Individual table
umbrellas, planters, or other such non-stationary elements may be
permitted within the outdoor seating/dining area.
(11) Outdoor seating/dining use and area on public rights-of-way shall
be restricted to the length of the sidewalk or public right-of-
way immediately fronting the caf6 or other establishment. The
utilization of space extending on either side beyond the subject
property frontage may be authorized subject to annual written
consent provided by the property owners in front of whose
properties the outdoor seating/dining service would occur.
(12) Outdoor seating/dining area shall be at the same elevation as the
adjoining sidewalk or public right-of-way.
(13) Carts and trays for serving food are permitted in the outdoor
seating/dining area.
(14) Outdoor seating/dining use and area shall not be provided with
amplified sound of any kind.
Section 2. Section 20-7.29 is amended to read as follows:
Sec. 20-7.9 Outdoor Seating/Dining Uses and Areas
in additien te the L-eefairements ef Seetiens 20 7.3 anel 29 7.4, t
ADP shall alse An application may be accepted for any proposed
siting of outdoor seating /dining uses and areas for any property
within the Hometown District, including, but not limited to those
areas which are designated as pre-approved on the Regulating Plan.
An application must be filed which shall include the layout of all
tables, chairs, benches, and other furniture; pedestrian ingress
Citywide Caf6 Ordinance: 2nd Reading April 1, 1997 3
and egress; location of refuse containers; and other elements
necessary to illustrate the proposed outdoor seating/dining use
and area (all drawings must be titled, indicate orientation, and
be at an acceptable scale). At the tifRe ef filing, the Appl lean
t-
fft:ast sabmit the neniFef:andable Eeview fee ef $250. 90.
B. Outdoor seating/dining area and use of the public right-of-way
and/or any private property may be approved, denied, or approved
with conditions, modifications, safeguards, or stipulations
appropriately and reasonably related to the intent, purposes,
standards, and requirements of the related regulations, by the
City Manager. Such permit shall not be transferable in any
manner, and is strictly a conditional use permit, issued for a
period of one year, renewable annually via -payment of the annual
occupational license fee for the outdoor seating /dining use.
C. The fee for outdoor dining/seating use and area will be waived for
the first year of operation of the subject property, and shall be
charged annually in the amount of ten dellaL-s ($!0.00) per sEfaare
feet- ef sidewalk area $250; the area shall be defined by
berdeL- lines ineiiiding all seating ai-eas and etheE eleffients
ineluded in the eutdeer seating�dining avea. The permit fee shall
be added to the occupational license fee for the main business.
Section 3. If any section, clause, sentence, or phrase of
this ordinance is for any reason held invalid or unconstitutional
by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this ordinance.
Section 4. All ordinances or parts of ordinances in conflict
with the provisions of this ordinance are hereby repealed.
Section 5. This ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this 1"t day of April, 1997.
ATTEST:
CITY CLERK
1st Reading - 2/18/97
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AS TO FORM:
CITY ATTORNEY
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VICE MAYOR
COMMISSION VOTE: 4'0
Vice Mayor Robaina: Yea
Commissioner Price: Yea
Commissioner Bethel: Yea
Commissioner Young: Yea
c:\ \ ldc \ Caf6-Ord. doc
Citywide Caf6 Ordinance: 2nd Reading April 1, 1997 4