Ord. No. 26-91-1491AORDINANCE NO.26-91 -149lA•
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITYOFSOUTHMIAMI,FLORIDA;AMENDING SECTION 0-2 OF tSr
LAND DEVELOPMENT CODE OF THE CITY OF SOUTHHIAMI To PROVIDESPECIFICDEFINITIONSFORCATERINGSERVICES•RESTAURANTACCESSORY;RESTAURANT,GENERAL;AND RESTAURANT SaLK-UP-
DELETING EATING PLACE DEFINITION FROM SECTION 20-2 3
DELETING EATING PLACE FROM SECTION 20-3.3 (D)-DELETING
EATING PLACE (ACCESSORY)FROM SECTION 20-33 (D)PROVI^INT
SECTIONR2nAI,U/LSIAURANT CATEG0*^AS SPECIAL USE SISECTION20-3.3(E);PROVIDING SPECIAL USE CONDITIONS FOR
RESTAURANT,CONVENIENCE;RESTAURANT,GENERAL;AND
sfveraH?mtvWA!;5"DP IN SECTI0N 20-3:a (b)<<>PROVIDING FORSEVERABILITY;PROVIDING FOR ORDINANCES IN CONFLICT-ANDPROVIDINGANEFFECTIVEDATE.UU'AND
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.Thac Section 20-2.3,DEFINITIONS,be amended
r oilows:as
CATERING SERVICES:Shall mean the business of providing for
special events such as wedding receptions,parties or corporate
entertainment.Such services may include auxiliary duties such'as
the hiring ot help to serve prepared food,arranging for flowers
providing for decoration,and renting of equipment for such
even t s•
RESTAURANT,ACCESSORY:Shall mean an establishment where the
principal business is the sale of food and beverages to the
customer in a ready-to-consume state and where the design or
principal raethod of operation consists of a small specialty
restaurant having floor area exclusively within an office center
sharing common parking facilities with other businesses within '
the office center,and having access to a common,interior
pedestrian and delivery service,but excludes any service to a
customer in a motor vehicle.Seating must be provided for all
patrons and signage outside the center is prohibited.
RESTAURANT CONVENIENCE:Snail mean an establishment where the
principal business is the sale of food and beverages to the
customer in a ready-co-consume state and where the design or
principal method of operation is that of a fast-food or drive-in
restaurant offering quick food service,where orders are
generally not taken at the customer's table,where food is
?•""aL,SKrVed in dlsP°sa"le wrapping or containers,and where
motoravehiciraS?H<ma>'^"CVed dlrecclV «>the customer in amotorvehicle.This use may include delivery service with CitvCommissionapproval.civile »un nty
RESTAURANT GENERAL:Shall mean an establishment where the
principal business is the sale of food and beverages to the
customer in a ready-to-consume state and where the design orprincipalmethodofoperationconsistsofeitherofthe
roil owing:
Sit-down restaurants where customers are normally provided
with an individual menu and food and beverages are generally
served in non-disposable containers bya restaurant employee at
the same table or counter at which said items are consumed;or,
Cafeteria-type restaurants where food and beverages are
generally served in non-disposable containers and consumed onthe
premises.All such cafeteria-type establishments shall provide
only inside or patio service on privateproperty.
Catering service shall be allowed as an additional use
the SR zoning district.
in
In either the case of Sit-down or Cafeteria-type restaurants,
public streets,rights-of-way and sidewalks may not be used for
patio or street-side services of any kind.This use may include
takeout service,but exclude any service to a customer in a motor
vehicle.Seating must be provided for all patrons dining on the
premises •
RESTAURAN
principal
customer
principal
offering
at a coun
wrapping
carried o
property •
vehicle,
approval •
T,WALK-UP:
business i
in a ready-
method of
quick food
ter,where
or containe
ut or consu
This use
but may inc
Shall mean an establishment where the
s the sale of food an and beverages to the
to-consume state and where the design or
operation is that ofa storefront restaurant
service to pedestrian where orders are taken
food is generally served in disposable
rs,and where food an beverages may be
med at tables in a patio area on private
excludes any service to a customer in a motor
lude delivery service with City Commission
Section 2-That Section 20-3.3 (E)of the Permitted Use
Schedule be amended to delete the following:
Bate4ng-P4aee
Bating-Piaee-f accessory•)•«
ZONING DISTRICTS
•S •8 •6
•S •S
C
O
N
D
S
—4-
•46-
Section 3.That Section 20-3.3 (E)of the Permitted Use
Schedule be amended to include the following:
P
A
R
K
G
iZONING DISTRICTS
C
0
P
A
R
0
L
0
H
0
N
R
s
R
G
R
I
N
D
S
R
K
G
Restaurant.Accessory
KSStaUXant,Conveniens
Restaurant Genera1
S s
s §
16
4U)
N/A
7
Restaurant.Wfiik Up
S
fc»..,**-4(b)7
7
^p^^m^%
Section 4.That Section 20-3.4 (B)(4)of i-he <;„=,....i nConditionsbeamendedtocontainthefollowing:P "
(4)Res taurants
(a)Restaurant,convenience
se
i.No vehicular ingress nor egress shall be
permitted along streets and rights-of-way bordering residentialzoningdistrictsintheCityofSouthMiami.Pub^fc streets
rights-of-way,sidewalks and required setbacks may not be used
for patio or street-side services of any kind.
approval,disapproval^m^fHation^f\^\\""?"C°"—dprojectspecificationsinr1„Hi„!T lte Plans and
circulation,landscaping Tot size ^llmlted C°'trafficarrangementfor^is^ltcAl^ll^rlltT*^^^
(b)Restaurant,general
or patio service^privatTp^"8 %ha"P'-ide only lnslde
»ay,sidewalks and required setback.'Publi<=stre"s,rights-of-street-side services of any kinS?*""be """for P"io or
ii.No services
shallbe permitted.ofa drive-in or of a fast food nature
approval :"isaJph^0Cva\t^^::^f%i-t^^l revied raend
Project specifications for thL Sp^U^e Pe^it?1*"8 ^
(c)Restaurant,walk-up
i.Containers forthe property disposal of wastematerialsmustbeprovidedbytherydlSpOSalofwasc*the hours of operation The n.^K restaurant at all times during
be that approved bT h r^f *™bJT °f re^*red containers shallbethatapprovedbytheCitvCnZ<7 re^uir^containerkePtcleanandwelllltn'ltl^T lit "HuJ?'*C°^^•»"be
ii •
and rights-of-NWa0ySbU^df^n1gi^sidh:ntiaie l"?"?^'"•"'City of South Miami.residential zoning districts in the
ill
iv.
V.
This use excludes any service r n ,motor vehicle,but may include ,)Ii>e t0 a customer in a
Commission approval™seating?dellvery service with Cityconsumedatinsileta"5 tr T r'«?lr"dS f»od may be
property.Public streets riShr V""°""°n Priv«e-all not be used for^treet-f^^v^of^11^"^'
any alcoholic be°veraBesPfoT"""""ay Sel1 0r °ffer for «!•including deliv^a^any time:UmPti0n °°"°"the Poises,
approval,disapproval ^r I ^ShaU r6View and ^commend
specifications'induiing but m^"°5 ^Sit6 planS andcirculation,facility access and facil^t0>pedesCria"Special Use.access and facility arrangement for this
-^S^^fsiiM ll^^i^js^\*i&?&$*^^^^^^^^^^^^i.Wg&g^i
(d)
1.
'
>.
Restaurant,densit y
Respective restaurant sitesshall not be allowed to
ccupy more than the following percentage of the allowable first
loor building area of any of the following zoning districts:
NR
I
GR
SR
5%
10%
25%
25%
Section 5.If any section,clause,sentence,or phrase of
this Ordinance is held to be invalid or unconstitutional by any
court of competent jurisdiction,then said holding shall in no
way affect the validity of the remaining portions of this
0 rdinance.
Section 6.All Ordinance or parts of Ordinances in
conflict herewith be,and the same are hereby repealed.
Section 7.This Ordinance will take effect immediately at
thetimeofits passage.
PASSED AND ADOPTED this 19th day of November,1991.
APP RO VED:
T:A
L
City Clerk
READAND APPROVED AS TO FORM:
City Attorney