Ord No 19-21-2409ORDINANCE NO. 19-21-2409
An Ordinance amending the City of South Miami Land Development
Code, Chapter 20, Sections 20-3.6 (V) and 20-3.3(0), (E) and (F) to
reorganize sections of the Code concerning outside activities of businesses
and to provide further regulation of business activity.
WHEREAS, Section 20-3.3(E) controls and regulates outdoor seating and dining;
and
WHEREAS, outdoor seating and dining is one of the exceptions to the
requirements of Section 20-3.6(V) that restricts all business activity to the inside of a
building; and
WHEREAS, there are regulations in Section 20-3.3(E) that should apply equally
to all business activities that are allowed in Section 20-3.6(V) to be conducted outside of a
structure; and
WHEREAS, certain existing regulations do not provide a clear process for
providing procedural due process to business and property owners who are doing business
in the City; and
WHEREAS, since Section 20-3.6(V) does provide an exception for outdoor
seating/dining, it would be more appropriate for Section 20-3.3(E) to be incorporated into
Section 20-3.6(V) so that the regulations of business activities conducted outside of a
structure is consistently and equitably controlled; and
WHEREAS, an amendment to Section 20-3.3(E) has been enacted to allow
outdoor seating/dining on properties that are in the RM-24 zoning district if they are
contiguous to the Hometown District Overlay; and
WHEREAS, the amended Section 20-3.3(E) provides substantial regulation of
sound emanating from outdoor business activity; and
WHEREAS, sound emanating from businesses, including gyms, bars and
restaurants that is above the surrounding ambient noise level has a disturbing effect on the
quiet enjoyment of residential properties that abut, or that are across the street, from
businesses that generate noise; and
WHEREAS, the advent of high-intensity-interval-training (HIlT) in gyms poses
substantial acoustical problems. These gyms that provide HIlT include workouts that often
generate significant airborne and/or structure-borne noise and vibration. These noises and
vibrations have been known to create a nuisance to adjacent noise-sensitive spaces. In some
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Ord. No. 19-21-2409
of these HIlT activities, clients drop or throw weights on the floor or against the walls; and
jump, kick, and/or hit heavy implements against various objects ( e.g., tires) I; and
WHEREAS, sound emanating from businesses can create a nuisance since sound
can be detrimental to the health and welfare of residents of those neighborhoods that are in
close proximity to these businesses; and
WHEREAS, currently, Personal Skills Instruction Studios and Physical Fitness
facilities have specific restrictions on sound emanating from the structure in which the
business operates (see Land Development Code, Section 20-3.3(D) footnote ****); and
WHEREAS, the sound regulations concerning outside commercial activity should
apply to all businesses that are similarly situated; and
WHEREAS, the Planning Board has reviewed this proposed ordinance at the
Planning Board meeting held on July 13, 2021 and the proposal was denied approval by a
vote of 5 yeas and 2 nays.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The foregoing recitals are hereby ratified and incorporated by
reference as if fully set forth herein and as the legislative intent of this Ordinance.
Section 2. Chapter 20 Section 20-3.6(V) of the City of South Miami's Land
Development Code are hereby amended and will read as follows:
20-3.6 -Supplemental regulations.
***
(V) Commercial Activity Conducted Outside of a Building.
(l )No coFftFftercial activity conducted on Commercial Property, with the exception
of those uses and activities listed in Sections (3) afKl (4) and (5) below, shall be ~
allowed to be conducted outside of a Fully Enclosed Beuilding l:Jnless a proper
perFftit is issl:Jea pl:Jrsl:Jant to the regl:Jlations set ~orth in this Section. Outdoor
business activity that is not listed in paragraphs (3), (4) and (5) below may be
allowed on a temporary basis if a proper permit is issued for such activity. The
owner of any structure that houses commercial activity and-the operator of any
business on such property are prohibited from allowing any sound emanating from
within the building from being plainly audible at or inside the property line of any
property that is a single-family dwelling, two-family dwelling or townhouse, with the
exception of random, unintentional and intermittent sound created, or escaping from
the structure, when people enter or leave the structure.
I https:/ /www.salter-inc.com/wp-content/uploadsINO ISE-CON-20 19-Experiences-with-Gym -Noise-and-
Vibration-in-Mixed-Use-Buildings.pdf
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Ord. No. 19-21-2409
(2)_Private property. Outside retail merchandise display set out on private property
shall will be permitted subject to the following limitations and conditions;
(a) The outside merchandise display may only include items which are sold
inside the building of the business; the business must have a valid current
business tax receipt (occupational license);
(b) A restaurant may not have an outside display of retail merchandise;
(c) The outside display of retail merchandise may not be placed on any
vehicular parking spaces or in any area which blocks access to or from a
required vehicular parking area;
(d) The outside merchandise display may only occupy a maximum square
footage of ten (l0) percent of the gross square footage occupied by the
business inside the building; the posted permit as required by subseetioB
subparagraph U) below, must indicate the square footage of the business
inside the building and the square footage occupied by the outside display
of retail merchandise. Additional parking spaces are required for all
additional square footage of outdoor display;
(e) The outside merchandise display may only include retail merchandise that
can be immediately carried away by a customer after purchase; merchandise
which requires delivery to the customer or requires being carried by hand
truck or similar device is prohibited from being displayed outside the
business;
(f) The outside merchandise may only be displayed while the business is open
and must be removed on or before the close of business for each calendar
day;
(g) Retail merchandise display set out on private property must obtain a permit
from the Code Enforcement Department as set forth in the City's schedule
of fees;
(h) The outside display of retail merchandise permit regulations will be
enforced using procedures set forth in the Code of Ordinances;
(i) The outside display of retail merchandise permit may be revoked by the
City Manager upon finding that one (1) or more conditions of these
regulations were violated, or that the outside display of retail merchandise
is being operated in a manner which constitutes a public nuisance or in any
way constitutes a reasonable risk of potential liability to the City;
U) Any business purchasing an outside display of retail merchandise permit
consents to abide by the limitations and conditions set forth in this ordinance
and shall must display the required permit so that it is visible on the outside
of the building during any period when there is an outside display of retail
merchandise; a copy of this ordinance shaH must be furnished to all
businesses purchasing an outside display of retail merchandise permit.
(k) A business establishment may only place outdoor displays on private
property.
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Ord. No. 19-21-2409
(3) Recognized outside uses.
(a) The following permitted and licensed uses are recognized as commercial
activities b\:lsinesses 'Nhieh m\:lst that, by the nature of the business, are
required to be, or are more efficiently, conducted eond\:let eommereial
b\:lsiness outside of a building. However, the placement of retail
merchandise outside of a building by the listed businesses shaU must
nevertheless comply with the provisions, or req\:lire adherenee the
requirements, limitations and conditions concerning displays of
merchandise outside of a business as set forth in this Subsection (V). These
uses may be limited by the permitted use table in Section 20-3.3(D). All
property owners and business owners whose business activities is first
conducted in the City after October 1, 2021, and all restaurants no matter
when their activity began, must obtain a non-transferable annual permit for
the following activity:
(i) Agricultural farming activities on public property;
(ii) Vehicle repair and detailing;
(iii) Vehicle sales;
(iv) Motor vehicle service stations;
(v) Bicycle rentals, sales, and service;
(vi) Commercial nurseries;
(vii) Outdoor dining/seating areas when part of a permitted and licensed
restaurant.
(b) Required conditions of business activity outside of a Fully Enclosed
Structure:
(i) Outdoor business activity, other than a restaurant, that is first
conducted on or after October 1, 2021, and all restaurants with outdoor
seating/dining (the Use) are only allowed if the business enters into an
agreement with the City to comply with all of the conditions set forth
in this subparagraph (b)'
(ii) The Use must not Abut a single-family dwelling, two-family dwelling
or townhouse;
(iii)All structures that are associated with the outside activity must be
acoustically well-buffered so that no sound from within any building
that services outdoor activity is plainly audible at or inside the
property line of any property that is a single-family, two-family or
townhouses. with the exception of random, unintentional and
intermittent sound created, or escaping from the structure, when
people enter or leave the structure;
(iv)The owner of the property and operator of the business do not allow
outdoor vocal sounds, music or the use of any device that emits sound,
including but not limited to outdoor electronic speakers, handheld
electronic devices, or musical instruments, by anyone, including
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Ord. No. 19-21-2409
customers. or other sound emanating from the outdoor business
operations if the sound is plainly audible at or inside the property line
of any property on which there is a townhouse. single-family dwelling
or duplex (two-family dwelling) (Residential Property);
(v) Nothing contained herein is intended to authorize sound that would
otherwise be in violation of the City's Code, including the City's noise
ordinances.
(4) Special events exempted. Retail sales and activities associated with special
events such as, but not limited to, art fairs, art festivals, fund raising events,
and special promotion programs which have received a Special Events Permit
from the City sflal.l is not be required to obtain a permit for the outside display
of retail merchandise as set forth in this ofdiflanee Subsection (V).
(5) Resewed. Outdoor Seating/Dining.
(a) Definitions. Solely for the purposes of this Subsection (V)' the following
words, terms and phrases, when used in this Subsection (V) will have the
meanings ascribed to them in this Subsection, except where the context
clearly indicates a different meaning:
Abut or Abutting means that one lot or parcel is contiguous with another lot or
parcel or separated only by a right of way.
Applicant means the person or entity that applies for a permit.
City means the City of South Miami, except that when the context suggests an
individual will take some action on behalf of the City, the term City will be
interpreted to mean the City Manager or designee.
City Manager means the City Manager or the City Manager's designee.
Code compliance officer means the code compliance officers or code
enforcement officer, or any other authorized agent or employee of the City
whose duty it is to assure compliance with the City'S Land Development
Code or the City'S Code of Ordinances.
Commercial Properties means real estate that is used for business activities but
not including residential properties located in any residentially zoned
districts other than RM-24 and they are in or contiguous to the Hometown
District Overlay Zone.
Contiguous with a public right-or-way means outdoor locations that abut the
public right-of-way and are not completely separated from such right-of-way
by any permanent structures or walls.
Fully Enclosed Building means a building whose openings remain closed
except for the normal and reasonable opening of doors when entering or
leaving the building.
Menu board means a board allowing for the posting of a restaurant's menu and
fabricated in such a manner so as not to constitute a form of general
advertising or establishment identification.
Nuisance means any of the places or acts defined by Section 823.05, Fla. Stat.,
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Ord. No. 19-21-2409
Outdoor seating and dining means tables and/or seating that are situated
outdoors and where food and/or beverages are sold, served and/or consumed
or where they are intended to be sold, served and/or consumed and includes
sidewalk cafes.
Outdoor means an area outside of a permanent structure that mayor may not be
permanently covered with a roof.
Permanent Structure means a structure permanently affixed to the ground, which
has four walls and a roof and that might or might not have an opening to the
outdoor seating and dining areas.
Permittee means the recipient of an Outdoor Seating/Dining Permit under the
terms and provisions of this paragraph (5t
Permit Year means the City's fiscal year that commences on October 1 and that
ends on September 30 of the following calendar year.
Restaurant means a food service establishment that is maintained and operated
as a place where food and/or beverages are prepared and/or served and sold
for consumption within the premises, or a business establishment which has,
as an ancillary or secondary use, a part thereof where food and/or beverages
are prepared and/or served and sold for consumption within the premises.
Right-or-way. or public right-or-way, means land in which a governmental body
owns the fee title or has an easement devoted to or required for use as a
transportation facility including sidewalks and streets.
Sandwich board sign has the same definition as set forth in Section 20-4.3(8)
under the name "Sign, portable outdoor dining. "
Seating means any type of chair or other furniture provided for or used by
customers for the intended purpose of sitting while consuming beverages or
food.
Sidewalk means that portion of the right-of-way which is intended for use by
pedestrians and is located between the curb line or the lateral line of a street
and the adjacent property line.
Sidewalk care ("Cafe") means an outdoor seating and dining use located on a
right-of-way or on private property that is contiguous with a public right-of-
way and which is associated with a restaurant and is primarily characterized
by tables and chairs; may be shaded by awnings, canopies or umbrellas; and
may include such other sidewalk Cafe furniture as permitted and/or approved
pursuant to this paragraph (5).
Sign has the same meaning as provided for in Section 20-4.3 of this Code.
Street means that portion of a right-of-way improved, designed or ordinarily
used for vehicular traffic and/or parking.
Table means any furniture which is used for the placement of food or beverages.
(b) Outdoor seating/dining is permitted on all commercial properties located
anywhere in the City with the exception of commercial properties located
in the NR Neighborhood Retail, the RO Residential Office and RM-24
(Medium Density Multifamily Residential) zoned districts. Outdoor
seating/dining is only permitted in the NR Neighborhood Retail, the RO
Residential Office and RM-24 (Medium Density Multifamily Residential)
zoned districts if they are located within or contiguous to the Hometown
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Ord. No. 19-21-2409
District Overlay Zone (HD). If the property is outside of, but contiguous
to, the HD, it must be unified with a property that is within the HD and the
owner must have recorded a Unity of Title as to those parcels; and
(c) A permit application for outdoor seating and dining or a sidewalk cafe on
public property or on public rights-of-way or on private property contiguous
with a public right-of-way, must be filed with the Planning and Zoning
Department and approved by the City Manager prior to such use. The
application must include a layout (site plan) of the location of all tables,
chairs (including number and type of chairs), benches, and other furniture;
pedestrian ingress and egress; location of refuse containers; location of
approved outdoor speakers; 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). If applicable, the site
plan must clearly indicate which seats and tables are on private property and
which are on the public right-of-way. The City Manager may require that
an amended site plan be submitted in order to address specific problems. At
least seven (7) days prior to the City's Manager's decision on an application
for a property that is located in the NR Neighborhood Retail, the RO
Residential Office or RM-24 (Medium Density Multifamily Residential)
zoned district and located within or contiguous to the Hometown District
Overlay Zone (HD)' the City must post a sign on the subject property which
identifies the nature of the pending application and the means by which
questions or comments on the application may be directed. The City
Manager will consider any comments received by the public prior to issuing
a decision on the application.
(d) A permit for a sidewalk cafe or outdoor seating/dining areas and uses of the
public right-of-way and/or any private property contiguous with a public
right-of-way (hereinafter referred to as an "outdoor seating/dining permit")
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 outdoor seating/dining permit is not transferable in
any manner and it is strictly a conditional use permit. issued for a period of
one year, renewable annually via payment of the annual business tax receipt.
annual proof of compliance with the requirements of this ordinance,
including insurance and, if applicable, payment of the per seat fee set forth
below.
(e) The fee for outdoor seating/dining permit will be charged annually, and paid
at the same time as the applicant/permittee pays its business tax receipt, for
each outdoor seat located on public rights-of-way or on any private property
contiguous with a public right-of-way and/or any stand-alone table top with
no seating which is provided in conjunction with the sale of, or intended to
be used for. or in the course of, the consumption of beverages or food. If the
applicant has an existing restaurant, the initial fee will be prorated based on
the time remaining before the applicant's business tax receipt expires. The
permit fees to be charged will be set forth in the City's schedule of Fees.
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Ord. No. 19-21-2409
The permit fee will be added to the annual business tax receipt and the
payment of all outstanding violation fees for the main business. No outdoor
seating/dining permit will be issued while the applicant/permittee IS
delinquent in the payment of any money owed to the City.
(f) The applicant/permittee must provide the City with:
(i) A copy of the business tax receipt from the City of South Miami;
(ii) Copies of all required health department permits to operate a sidewalk
cafe or equivalent outdoor seating/dining restaurant;
(iii)A policy and/or certificate of insurance and an indemnification
agreement that is acceptable to the City Manager and that provides for
compliance with the City's insurance and indemnification requirements,
including:
a. Commercial general liability insurance in the amount of one million
dollars ($1,000,000.00) per occurrence for bodily injury and
property damage;
b. For sidewalk cafes and other outdoor seating/dining area that serve
alcoholic beverages, liquor liability insurance in the amount of one
million dollars ($1,000,000.00) per occurrence for bodily injury and
property damage;
c. A Workers' compensation and employers' liability policy as required
by the state of Florida;
d. The City must be named as an additional insured on this policy, and
an endorsement must be issued as part of the policy reflecting
compliance with this requirement to cover liability applicable to
outdoor seating/dining and/or sidewalk cafes as described in this
paragraph (5);
e. All policies must be issued by companies authorized to do business
in Florida and rated A-VIII or better per Best's Key Rating Guide.
latest edition. The City Manager may increase these insurance
requirements provided such requirements are applied to all parties
similarly situated;
f. Proof of insurance must be provided to the City as a requirement of
the permit. If such proof is a nonbinding certificate. the
applicant/permittee's insurance agent or carrier must annually advise
the City in writing. on a form acceptable to the City Manager under
penalty of perjury, of the insurance coverage being provided. the
term of the coverage and verifying that the outdoor seating/dining
area and the City are covered by the required insurance. Such
affidavit/declaration must include the policy number, company
name and company contact information and the form numbers of the
policy and all of the endorsements to the policy. City administrative
staff may contact the permittee's insurance company periodically to
verify the existence and continuance of such insurance; however,
this in no way relieves the insurance agent of the agent's duty to
provide truthful information to the City. Unless the owner or
operator of the outdoor seating/dining area provides the City with a
binding certificate of insurance and an endorsement to provide the
Page 8 of24
Ord. No. 19-21-2409
City with at least ten (10) days' advanced notice of intent to cancel
the policy, the owner or operator must pay the City a fee each time
the City contacts the insurance company, to cover the cost to verify
existence of coverage. Failure to comply with these requirements
will be deemed to be operating without a valid permit and. upon a
finding by the City Manager that such failure has occurred, will
cause an immediate suspension of the permit and the assessment of
a daily fine as set forth in the City'S schedule of fines until the permit
is revoked or the requirements are met. Applications for permits
must include an indemnification of the City for any and all liability
associated with the permittee's operation of the sidewalk
cafe/outdoor seating and dining area.
(g) It is a violation of this paragraph (5) to operate the sidewalk cafe/outdoor seating
and dining area in a manner that is inconsistent with the approved site plan or
constitutes a nuisance as defined in this Subsection 20-3.6(V), or that in any way
constitutes a unreasonable risk of injury to persons or damage to oroperty or
potential liability to the City
(h) An outdoor seating/dining permit may be temporarily expanded by the City
Manager upon receipt of a written request including a site plan during special
events.
(i) An outdoor seating/dining permit area must be kept in a neat and orderly
appearance and must be kept free from refuse and debris. The permittee is
responsible for daily cleaning and sweeping of the sidewalk cafe area and for the
cleanliness and maintenance of any outdoor planters immediately adjacent to the
outdoor seating/dining area. Cleaning includes twice-monthly pressure cleaning
or other appropriate cleaning methods. as determined by the City. Use of City
sidewalks for trash and garbage removal is prohibited.
G) A sidewalk cafe must 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
casements, handicap facilities. or access to any other public. residential or
commercial establishments. The width and location of the sidewalk pedestrian
passage through the sidewalk cafe must be as follows:
(i) If there is seating on one side of the sidewalk. a minimum of five (5)
feet of sidewalk must remain unobstructed by outdoor seating furniture
and the maneuvering of chairs. and clear for pedestrian passage;
(ii) If there is seating on two (2) sides of the sidewalk. a minimum of five
(5) feet of sidewalk between the two (2) seating areas must remain
unobstructed by outdoor seating furniture and the maneuvering of
chairs. and clear for pedestrian passage;
(iii)All outdoor furniture, including but not limited to, tables, chairs and
umbrellas (excluding outdoor planters). must be located a minimum of
eighteen (18) inches from the curb.
(k) A sidewalk cafe on the public rights-of-way must be open and unenclosed. No
building structures of any kind is allowed in or over any portion of the outdoor
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Ord. No. 19-21-2409
seating/dining area located on public property, except by prior express written
authority of the City Manager.
(1) Tables, chairs and all other furniture used in the operation of an outdoor
seating/dining area on the public rights-of-way may 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 and,
where applicable, must have a minimum clearance height of seven (7) feet above
the sidewalk.
(m)A sidewalk cafe must apply for and receive advanced written specific approval
to provide amplified sound of any kind in the outdoor seating area. In the event
the City Manager determines that the amplified sound constitutes a nuisance as
defined in this Subsection 20-3.6(V), the City Manager will impose additional
conditions; in the event of a second offense, the City Manager will revoke the
approval authorizing the use of amplified sound. Sound must be kept at a low
volume so as to not disturb neighboring businesses, residences, or to be audible
in neighboring residential districts. Plans for amplified sound must be submitted
with the site plan. Each establishment must sign an agreement in order to have
amplified music.
(n) A sidewalk cafe on public rights-of-way is restricted to the length of the sidewalk
or public right-of-way immediately fronting the sidewalk cafe unless expressly
authorized in writing by the City Manager. The utilization of space extending
beyond the subject property frontage onto the immediately adjacent property
may be authorized by the City Manager with the express written approval of the
adjacent storefront owner; however, the seats and chairs in this location may not
block the adjacent storefront windows. This expansion is subject to annual
written consent provided by the property owners in front of whose properties the
outdoor seating/dining service would occur. The annual written consent form
must be provided to the City and must include an insurance policy naming the
City as an additional insured and a hold harmless clause in favor of the City.
(0) A sidewalk cafe must be at the same elevation as the adjoining sidewalk or public
right-of-way unless expressly authorized in writing by the City Manager.
(p) Carts and trays for serving food are permitted in the outdoor seating/dining area
but must comply with the provisions of paragraph 9(a) and (b)'
(q) The maximum number of outdoor seats may not exceed eighty (80) percent of
the number of indoor seating, except for restaurants with indoor seating of
twenty-five (25) seats or less which may have outdoor seats not to exceed one
hundred (100) percent of the number of indoor seats.
(r) During the operating hours all outdoor furniture must be securely placed as
shown on the approved site plan or as may be ordered by the City Manager in
writing. After operating hours, outdoor furniture must be neatly stacked to a
maximum height of five (5) feet without blocking the sidewalk. A City approved
cover may be required by the City Manager for chairs left outside when stacked.
(s) No person, property owner, lessee or restaurant may allow outdoor
seating/dining without a permit. Each day that outdoor seating/dining or similar
activity occurs without a permit or in violation of the site plan, constitutes a
separate incident of violation and results in a fine for each day of continued
Page 10 of24
Ord. No. 19-21-2409
violation. The continuing operation of a sidewalk cafe or any outdoor
seating/dining activity without a permit as required by this ordinance after the
receipt of a violation notice from the City Manager may also result in the
revocation of the restaurant business tax receipt pursuant to Section 13-16 of the
City Code.
(t) Any violation of the regulations and standards set forth in this paragraph (5)
constitutes a separate violation. The violator of a subsequent violation of any of
the regulations and standards set forth in this paragraph (5) will be fined for each
day of such continued violation as set forth in the City's schedule of fines. The
continuing operation of an activity governed by this paragraph (5) without a
permit or with a suspended permit or after the receipt of a violation notice from
the City Manager and the failure to timely cure the violation, may result in the
revocation of the business tax receipt of the person or entity responsible.
pursuant to Section 13-16 of the City Code.
(u) The City will issue twenty-four-hour warning notices for all non-life safety
violations of this paragraph (5) which must be corrected with twenty-four (24)
hours of receipt of such notice.
(v) No warning notices are required prior to the issuance of a violation for failure to
have a permit or for life safety violations and/or life safety or sidewalk cafe site
plan violations and such violations must be corrected immediately. Life safety
violations are defined as those conditions which, in the reasonable determination
and judgment of the City Manager, involve serious danger and/or risk to the
public health, safety or welfare (including, without limitation, blocking
pedestrian pathways and violations of the state accessibility code for building
construction). Life safety outdoor seating/dining site plan violations are defined
to include those instances where the permittee is operating outside of the
permitted outdoor seating/dining use area (as approved pursuant to this code)
such as where sidewalk cafe furniture is found outside the approved boundaries
of the outdoor seating/dining use site plan; but will not be deemed to include
instances where a chair or chairs are temporarily moved outside the approved
boundaries of site plan by a sidewalk cafe patron(s) unless it remains in such
unauthorized location for more than fifteen (15) minutes.
(w) If City personnel finds a violation of this ordinance after a twenty-four-hour
warning notice of such violation as been previously issued, then a notice of
violation will be issued to the violator. No such warning notice is required for
the failure to have a valid permit or for life safety violations of this paragraph
(5) and for life safety outdoor seating/dining site plan violations, and a violation
may be issued at any time.
(x) The City Manager or designee may order all furniture, including, but not limited
to, seats, tables, and planters to be removed in the event of a pending storm,
hurricane, or other declared emergency.
(y) Tables, chairs and other furniture on the sidewalk may be removed by the City,
and a reasonable fee charged for labor, transportation, and storage as well as a
fine which is initially set at two hundred fifty dollars ($250.00) and which will
be levied against the person or entity who owns and/or controls such furniture,
should the responsible person or entity fail to remove said items within thirtv-
Page 11 of24
Ord. No. 19-21-2409
six (36) hours of receipt of the City's notice to do so for any reason under this
paragraph (5), In the event of a pending storm, hurricane or other declared
emergency, the City Manager may reduce the thirty-six (36) hour time frame.
The City Manager will promulgate and review, as needed, regulations regarding
the storage and disposition of sidewalk cafe furniture under this paragraph (5).
(z) An outdoor seating/dining permit may be temporarily suspended by the City
Manager for public use/purpose, utility, sidewalk or road repairs. emergency
situations. The length of suspension will be determined by the City Manager as
necessary. Removal of all street furniture and related obstructions is the
responsibility of the permittee as well as the owner/operator of the outdoor
seating/dining area.
(e)Limited effeetive area.
(a)The rights and privileges granted ay this ordinanee are availaale only to
properties loeated vt'ithin the Zoning Use Distriets of SR, NR and TODD ~4U5.
(a)A ausiness estaalishment may only plaee outdoor displ~rs Oll private
property.
(6) Outdoor SeatinglDining Within the Downtown SoMi (DS) Zoning District.
(a) Outdoor seating and dining or a Sidewalk Cafe on private property within
the Downtown SoMi (DS) district is permitted upon approval of an outdoor
seating site plan filed with and subject to administrative approval by the
City Manager and the issuance of an outdoor seating and dining permit.
The application for such administrative site plan approval must include a
layout (site plan) of the location of all tables, chairs (including number and
type of chairs), benches, and other furniture; pedestrian ingress and egress;
location of refuse containers; location of approved outdoor speakers; 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). If applicable, the site plan must clearly indicate which
tables, chairs, benches. and other furniture are on private property versus
within a public right-of-way. Approval of outdoor seating/dining is subject
to the availability of sufficient parking for said use and that accessibility
and life safety standards are met, as based on adopted ordinances and
building codes effective within the City. In addition, outdoor seating and
dining within the DS district must comply with and is governed by
Subsection (V) paragraph (3)(b)(i) through (v) and (vii) and paragraph
(S)(m), (1), (u). (w) and (x).
(b) Outdoor seating/dining located within a public right-of-way that is adjacent
to or within the DS district is required to comply with the provisions of
paragraph (5) of this Subsection (V).
(7) A business license/Business Tax Receipt (BTR) or a permit to operate outside of
a structure may be revoked or suspended by the City Manager .
.cru. Suspension. The City Manager may suspend a permit or a BTR for up to
30 days upon a finding that one or more of these Subsection (V) regulations
Page 12 of24
Ord. No. 19-21-2409
have been violated or, in the case of a sidewalk cafe (Cafe) or Outdoor
Dining, the business is being operated in a manner that is inconsistent with
the approved site plan or constitutes a nuisance as defined in this
Subsection 20-3.6(V), or in any way constitutes an unreasonable risk of
injury to persons or damage to property or potential liability to the City
provided the following conditions are met;
(i) The City Manager is authorized to set the period of suspension,
but it must be established by the City Manager as an
administrative order that is consistently enforced against
businesses that are similarly situated;
(ii) the City Manager has given the business and property owner a
courtesy Notice of Civil Infraction (Citation) of the violation and
a reasonable time to correct the violation if the violation cannot be
immediately ceased;
(iii)A second violation of this Subsection (V);
(iv)The City Manager gives the business and property owner
reasonable notice of the hearing by personal service or in the same
manner as set forth in Chapter 48, Fla. Stat. for service of process,
or certified mail delivery, or if the business or property owner have
been communicating with the City by email, then service may be
by email to which the owner either responds or in which the owner
confirms receipt of the email. no later than ten (10) days prior to
the date of the hearing;
(v) The business and property owner are given a reasonable
opportunity to be heard and to present evidence and cross examine
witnesses
(vi)The City Manager finds by competent substantial evidence that
this Subsection (V) was violated (Substantiated Violation);
(vii) In lieu of a hearing held by the City Manager, the City Manager
may suspend the permit or BTR if the owner of the property and/or
business owner who conducts outside commercial activity has
been found to have violated this Subsection (V) by the City'S
Special Magistrate (Substantiated Violation) in accordance with
the procedure set forth in Section 2-25 of the City'S Code of
Ordinances.
(hl Revocation. The City Manager may revoke the BTR or permit after a
hearing if there have been three (3) or more violations of this Subsection
(V) within anyone 90-day period of time and
(i) The City Manager gives the business and property owner
reasonable notice of the hearing by personal service or in the same
manner as set forth in Chapter 48, Fla. Stat. for service of process,
or certified mail delivery, or if the business or property owner have
been communicating with the City by email. then service may be
by email to which the owner either responds or in which the owner
confirms receipt of the email, no later than ten (10) days prior to
Page 13 of24
Ord. No 19-21-2409
the date of the hearing and an opportunity to show cause why the
BTR or permit should not be revoked;
(ii) The business and property owner are given a reasonable
opportunity to be heard, to present evidence and to cross examine
witnesses.
!.£) Appeal. A decision by the City Manager to suspend (including a suspension
due to a noise violation governed by this Subsection (V) or to revoke a BTR or
permit for failure to comply with these regulations may be appealed by the
property or business owner to the City Commission pursuant to the appeal
procedure set forth in Section 13-105 of the City's Code of Ordinances.
Notwithstanding anything contained in Section 13-105 to the contrary, an
appeal must be filed with the City Clerk within thirty (30) days of receipt of
written notice of the City Manager's decision. An appeal of the City Manager's
decision stays the implementation of the City Manager's decision unless the
activity in question clearly meets the definition of a nuisance as defined in this
Subsection 20-3.6(V) The City Commission must hear and enter a decision
within sixty (60) days from the date the appeal is filed. The City Manager's
decision must be in writing and indicate the grounds for this action and the
provisions of the City's Code that have been violated, if any, and/or the
nuisance that exists as defined in this Subsection 20-3.6(V).
Section 3. Chapter 20 Section 20-3.3(0) and (E) of the City of South Miami's Land
Development Code are hereby amended and will read as follows:
20-3.3 -Permitted use schedule.
***
(D)
***
**** **** **** **** ****
Opticians or P P P
Optical
Goods
Personal P P P P
Skills
Instruction
Studio****
Photographic P P P
Studio
Physical S S S
Fitness
Facility****
****
P
P
P
P
Page 14 of24
**** **** **** **** ****
P P P P
P P P P P
P P P P
P P P P
**** ****
P
P
P
P
Ord. No. 19-21-2409
Physical P P P P P P P P
Therapist
**** **** **** **** **** **** **** **** **** **** ****
***
[Footnote]**** All aotivities must only ooour within a fully enolosed, soundproof
structure and all openings shall remain olosed exoept for immediate use when entering or
leaving the building. Evidenoe of such soundproofing shall be provided to the satisfaction of
the City. All businesses that adjoin or abut a single-family or multi-family zoned district may
not be open before 8:00 a.m. and must close on or before 7:00 p.m.; othePlJise if they are
not adjoining or abutting such districts they it shall not be open before 6:00 a.m. and it-they
must be closed on or before 10:00 p.m. No sound emanating from the premises may be
audible at the property line so as to disrupt the reasonable oonduot of basio human activities,
e.g., oontemplation, conversation or sleep. The fact that sound is audible at the property line
constitutes prima faoie evidenoe of a violation of this section of the Land Development Code.
Gross floor area of the use shall not exceed two thousand (2,000) square feet.
***
(E) Outdoor SeatinglDifling.
(1 ) Outdoor seatiflgfdiniflg is permitted on all commercial properties
located any\vhere in the City \vith the e~{ceptiofl of commercial properties located
on Rl.4 24 (~4edh:lm Deflsity ~4ultifamily Residential) :loned districts 'Nhich are
located v/ithin the Hometo'Nn District Overlay Zone (HD) afld in the NR
Neighborhood Retail and the RO Residefltial Office :loning districts. Outdoor
seatiflg/difling is only permitted ifl the NR Neighborhood Retail, the RO
Residential Office and R~4 24 (~4edium Density ~4ultifamily Residefltial) zoned
districts if they are located vlithifl or cOfltiguous to the Hometo'Nn District
O¥erlay Zone (HD) and operate uflder the follovling conditiofls:
(a) Outdoor seatiflg/difliflg is only allovled if the busifless that is seeking a
permit for this use enters iflto afl agreement vlith the City to comply vlith all of
the conditiofls set forth ifl this subparagraph (1 );
(b) The permit is flOt transferable;
(c) The use does flOt f\but a siflgle fam.ily d'Nelliflg, tvlO fam.ily dV/elling or
tovrFlhouse
(d) the use is acoustically \vell buffered so that flO soufld emaflating from
'.vithin the building that services outdoor diniflg is plainly audible at or inside the
property lifle of any property that is a siflgle family, t'liO fam.ily or to\vnRouse,
\vith the e~{eeption of ifltermitteflt souflds of short duration associated 'Nith doors
beiflg opefled behveen a buildiflg that services outdoor diniflg and afly outdoor
dining area;
(e) the ovmer of the property afld operator of the busifless do flOt allovl
outdoor music or siflgiflg or the use of aflY device that emits sound, iflcludiflg but
flOt limited to oHtdoor electroflic speal(ers, handheld electronic devices, or
m1:lsical instmmeflts, by aflYOfle, includiflg customers, if the soufld is plaiflly
Page 15 of24
P
**** ****
Ord. No. 19-21-2409
audiale at or inside tke property line of any property on v/kick tkere is a
tovl-llllouse, single family d,"'elling, or a duple}{ (t,"'o family dv;elling);
(f) If the property is outside of, aut contiguous to, the lID, it must ae unified
'Nith a property that is v/ithin the lID and the o\vner must have recorded a Unity
of Title as to those parcels.
(2) lA, permit application for outdoor seating and dining or a side'Nalk cafe on pualic
property or on pualic rights of 'Nay or on private property contiguous 'Nith a
pualic right of wa~', must ae filed 'Nith the Planning and Zoning Department and
approved by the City ~4anager prior to such use. The application must include a
layout (site plan) of the location of all taales, chairs (including HumBer and type
of chairs), aenches, and other furniture; pedestrian ingress and egress; location of
refuse containers; location of approved outdoor speakers; and other elements
necessary to illustrate the proposed outdoor seating/dining use and area (all
drawings must ae titled, indicate orientation, and ae at an acceptaale scale). If
applicaale, the site plan must clearly indicate wkich seats and taales are on private
property and ,"'hich are on the pualic right of 'Nay. The City ~4anager may require
that an amended site plan ae suamitted in order to address specific proal ems. p,t
least seven (7) days prior to the City's ~4anager' s decision on an application for a
property that is l!oned :NR Neighaorhood Retail, RO Residential Office or R}.4
24 that is locate in or contiguous to the lIometoVl-ll District Overlay Zone (lID),
the City must post a sign on the suBject property \vhich identifies the nature of
tke pending application and the means a~' \vhich questions or comments on the
application m~' ae directed. The City ~4anager must consider an~' comments
received a~' the pualic prior to issuing a decision on the application.
(3) The follo\ving 'Nords, terms and phrases, 'Nken used in this code, skall have the
meanings ascriaed to them in this section, except v/here the context clearly
indicates a different meaning:
:Aaut or Abutting means that one lot or parcel is contiguous vAth another lot or
parcel or separated only ay a right of V/~'.
l\pplicant means the person or entity that applies fur a permit. City means the City
of South ~4iami, except that \vhen the context suggests an individual'Nill take
some action on aehalf of the City, the term City shall ae interpreted to mean the
City ~4anager or designee.
City ~4anager means the City ~4anager or tke City ~4anager's designee.
Code compliance officer means the code compliance officers, or any otker
authoril!ed agent or emplo~'ee of tke City 'Nkose duty it is to assure compliance
'Nith the City's Land Development Code or the City'S Code of Ordinances.
Commercial Properties means real estate tkat is used for ausiness activities aut not
including residential properties located in any residentially l!oned districts other
than R~4 24 and tkey are in or contiguous to the lIometov/n District Overlay
~
Page 16 of24
Ord. No. 19-21-2409
Contigl:lOHS ,vith a pHblie right of 'Nay, for pHrposes of this seetion only, shall mean
ol:ltdoor loeations that abHt the pHblie right of '.vay and are not eompletely
separated from sHeh right of viay b~' an~' permanent struetHres or v/aUs.
~4enH board means a board aUol.ving for the posting of a restaHrant's menu and
fabrieated in sHeh a manner so as not to eonstitHte a form of general advertising
or establishment identifieation.
OHtdoor seating and dining means tables aRd/or seating that are situated oHtdoors
and 'Nhere food and/or be:verages are sold, served and/or eonsumed or ,vhere the~'
are intended to be sold, served and/or eonsl:lffied and inelHdes side,Yalk eares.
OHtdoor, for pHrposes of this seetion only, shall mean an area oHtside of a
permanent struetl:lre that m~' or m~' not be permanently eo\Zered ,vith a roof.
Permanent StruetHre, for pl:lrposes of this seetion only, shall mean a struetl:lfe
permanently affixed to the groHnd, vihieh has foHr viaUs and a roof and that might
or might not ha'fe an opening to the oHtdoor seating and dining areas.
Permittee means the reeipient of an Outdoor Seating/Dining Permit Hnder the terms
and provisions of this seetion and for pHrposes of this seetion only.
Permit Year means the City's fiseal year that eommenees on Oetober 1 and that
ends on September 30 of the follo'Ning ealendar year.
Restal:lral1t for purposes of this seetion only, means a food serviee establishment
that is maintained and operated as a plaee ,vhere food and/or be\'erages are
prepared and/or served and sold for eonsumption vii thin the premises, or a
bHsiness establishment v/hieh has, as an aneiUary or seeondary Hse, a part thereof
,vhere food and/or beverages are prepared and/or served and sold for eonsl:lmption
v/ithin the premises.
Right of v/ay, or pl:lblie right of 'N~', for purposes of this seetion only, means land
in ,.vhieh a governmental body OViflS the fee title or has an easement de\'oted to
or reql:lired for Hse as a transportation faeility ine1Hding side,valks and streets.
Sandvrieh board sign shall have the same definition as set forth in Seetion 20 4.3 (B)
Hnder the name "Sign, portable oHtdoor dining."
Seating means any type of ehair or other furniture provided for or Hsed by
eHstomers for the intended purpose of sitting v/hile eonsHming beverages or food.
Sidev/alk means that portion of the right of 'N~' '.vhieh is intended for Hse by
pedestrians and is loeated behveen the eHrb line or the lateral line of a street and
the adjaeent property line.
Sidewalk eare ("Care") means an oHtdoor seating and dining Hse loeated on a right
of l.vay or on private property that is eontigHoHs v/ith a pHblie right of 'Nay and
\\'hieh is assoeiated '.vith a restal:lrant and is primarily eharaeterized by tables and
ehairs; m~' be shaded by all/nings, eanopies or Hmbrellas; and m~' ine1Hde sHeh
other side'.valk Care furnitHre as permitted and/or approved pHrsHant to this
seetion.
Sign shall have the same meaning as provided for in Seetion 20 4.3 of this eode.
Street means that portion of a right of w~' improved, designed or ordinarily used
for vehieHlar traffie and/or parking.
Table means any fumitHre v/hieh is Hsed for the plaeement of food or beverages.
(4) A. permit for a sidell/alk eare or oHtdoor seating/dining areas and Hses of the
pHblie right of 'Nay and/or an~' private property eontigHoHs '.vith a pHblie right
Page 17 of24
Ord. No. 19-21-2409
of 'N~' (hereinafter referred to as an "outdoor seating/dining permit") m~' be
approved, denied, or approved 'llith eonditions, modifieations, safeguards, or
stipulations appropriately and reasonably related to the intent, purposes,
standards, and requirements of the related regulations by the City ~4anager. Sueh
outdoor seatingtdining permit shall not be transferable in any mariller and is
strietly a eonditional use permit, issued for a period of one year, renelNable
arillually via payment of the aHnual business tax reeeipt, arJ-lual proof of
eomplianee \vith the requirements of this ordinanee, ineluding insuranee and, if
applieable, pa~'ment of the per seat fee set forth belolN.
(5) The fee for outdoor seating/dining permit shall be eharged arillually, and paid
at the same time as the 8flplieanltpermittee p~'S its business tax reeeipt, for eaeh
outdoor seat loeated on publie rights of \v~' or on any private property
eontiguous v/ith a publie right of IN~' aHdtor any stand alone table top 'Nith no
seating 'Nhieh is provided in eonjunetion v/ith the sale of, or intended to be used
for, or in the eourse of, the eonsumption of beyer ages or food. If the applieant has
an existing restaurant, the initial fee shall be prorated based on the time remaining
before the applieant's business tax reeeipt expires. The permit fees to be eharged
shall be set forth in the City'S Sehedule of Fees and Fines. The permit fee shall be
added to the annual business tm, reeeipt and the pa~'ment of all outstaHding
violation fees for the main business. No outdoor seatingtdining permit shall be
issued \vhile the applieanltpermittee is delinquent in the p~'ment of any mone~'
o'lled to the City.
(6) The applieanupermittee shall provide the City \vith:
(a) i'L eop~' of the business ta)( reeeipt from the City of South ~4iami.
(b) Copies of all required health department permits to operate a sidev/alk eafe
or equi'lalent outdoor seatingtdining restaurant.
(e) A poliey andtor eertifieate of insuraHee and an indemnifieation agreement
that is aeeeptable to the City ~4anager and that provides for eomplianee v/ith the
City's insUfaHee and indemnifieation requirements, ineluding the follolNing:
(i) Commereial general liability insuranee in the amount of one million dollars
($1,000,000.00) per oeeurrenee for bodily injury and property damage. The City
must be named as an additional insured on this polky, and an endorsement must
be issued as part of the poliey refleeting eomplianee "'ith this requirement to
eover liability applieable to outdoor seating/dining and/or side,,'alk eafes as
deseribed in this ordinanee.
(ii) For side'Nalk eafes and other outdoor seatingtdining area that serve aleoholie
beverages, liquor liability insuranee in the amount of one million dollars
($1,000,000.00) per oeeurrenee for bodily injury and property damage. The City
must be named as an additional insured on this polie~', and an endorsement must
be issued as part of the poliey refleeting eomplianee v/ith this requirement to
eoyer liability applieable to outdoor seating/dining andtor sidevlalk eafes as
deseribed in this ordinanee.
(iii) Workers' eompensation and employers' liability as required b~' the state.
lAJI polieies must be issued by eompanies authorized to do business in Florida and
rated fL VIII or better per Best's Key Rating Guide, latest edition. The City
Page 18 of24
Ord. No. 19-21-2409
~4anager may inerease these insuranee requirements provided sueh reql:lirements
are applied to all parties similarly situated.
Proof of insuranee shall be provided to the City as a requirement of the permit. If
sueh proof is a nonbinding eertifieate, the applieantlpermittee's insuranee agent
or earrier shall anflually advise the City in vrritiflg, on a form aeeeptable to the
City ~4anager l:lnder penalty of perjury, of the insuranee eoverage being provided,
the term of the eoverage and 'ilerifying that the ol:ltdoor seatingtdining area and
the City are eo\'ered b~' the required insuranee. Sl:leh affidavitfdeelaration shall
inelude the poliey number, eompany name and eompany eontaet information and
the form numbers of the poliey and all of the endorsements to the polie~'. City
administrative staff shall eontaet the permittee's insl:lranee eompan~' periodieally
to verify the e>dstenee and eontinuanee of sueh iflsuranee; hO'Ne\'er, this in no
\vay relie\'es the insuranee agent of the agent's duty to provide truthful
information to the City. Unless the OVlner or operator of the outdoor
seatingtdining area provides the City vlith a binding eertifieate of insuranee and
an endorsemeB-t to provide the City with at least ten (10) days' advaneed notiee of
intent to eaneel the poliey, the owner or operator shall pay the City a fee of
hventy five dollars ($25.00) eaeh time the City eOfltaets the insl:lFal1ee eompany,
to eover the eost to verify e>dstenee of eoverage. failure to eomply 'Nith these
requirements shall be deemed to be operating \vithol:lt a valid permit and, upon a
finding by the City ~4anager that sueh failure has oeeurred, shall eause an
immediate suspension of the permit and the assessment of a daily fine as set forth
in the City'S Sehedule of fees and fines until the permit is revoked or the
requirements are met. Applieations for permits shall inelude an indemnifieation
of the City for any and all liability assoeiated '.vith the permittee's operation of the
side'Nalk eafetoutdoor seating and dining area.
fit--1\n outdoor seatingtdining permit may be revoked or suspended by the City
~4anager.
(a) Suspension. The City manager may suspend a permit for 30 days upon
a finding that one or more eonditions of these regulations have been violated or
that the side'Nalk earetoutdoor seating and dining area is being operated in a
manner that is ineoflsistent 'Nith the approved site plan or eonstitutes a publie
nuisanee, or ifl any \'lay eonstitutes a reasonable risk of iRjury to persons or
damage to property or potential liability to the City provided the follo\\'ing
eonditions are met:
(i) the City ~4anager has given the business and property ov.tRer a prior
vKitten :Notiee of Civil Infraetion of the violation (Citation):
(ii) there is a subsequent violation that is the same or substantially similar
to and that oeel:lrs \'lithin 12 months of the violation for v/hieh the first }lJotiee of
Civil Infraetion (Citation) Vias issued;
(iii) the manager gives the violator reasonable notiee of the suspension or
termination hearing;
(iv) the violator is given a reasonable opportunity to be heard and to eross
e*amifle v/itnesses;
(v) The manager finds by eompetent substantial evidenee that this
Subseetion \\'as violated (Substantiated Violation);
Page 19 of24
Ord. No. 19-21-2409
(vi) In lieu of a hearing held by the City ~4anager, the manager may suspend
the permit if the owner of the property or business o\vner of the outdoor
seating/dining facility has been found to have violated this Subsection
(Substamiated Violation ) b~' the City's Special ~4agistrate in accordance with the
procedure set forth in Section 2 25 of the City's Code of Ordinances.
(b) Revocation. The City ~4anager m~' relt'oke the permit if there have been
three (3) or more Substantiated Violations, '?lithin any 30 d~' period of time.
(c) l\ppeal. A. decision by the City ~4anager to suspend (including a
suspension due to a noise violation governed by this Subsection (E)) or revolee a
permit for failure to comply v/ith the one or more conditions or regulations may
be appealed by the permittee to the City Commission pursuant to the appeal
procedure set forth in Section 13 105 of the City's Code of Ordinances.
Notwithstanding aflything contained in Section 13 105, an appeal must be filed
''lith the City Clerk ''1ithin thirty (30) d~'s of receipt ofvlritten notice of the City
~4anager's decision. l\n appeal of the City ~4anager's decision does not st~r the
implementation of the City ~4anager's decision. The City Commission must hear
and enter a decision 'Nithin siJ£ty (60) d~'s from the date the appeal is filed. The
City ~4anager's decision must be in writing and indicate the grounds for his action
and the provisions of the City'S Code that have been violated, if any, andlor the
public nuisaflce or risk upon \\'hich the decision of the City ~4anager \\'as
predicated. (6) An outdoor seating/dining permit may be temporarily
suspended by the City ~4anager for public use/purpose, utility, sidevlalle or road
repairs, emergenc~r situations, or violations of provisions contained herein. The
length of suspension shall be determined b~' the City ~4anager as necessary.
Removal of all street furniture and related obstructions shall be the responsibility
of the permittee as 'Nell as the oV/ner/operator of the outdoor seating/dining area.
(8) }\n outdoor seating/dining permit m~' be temporarily expanded by the City
~4anager upon receipt of a v.q=itten request including a site plan during special
events.
(9) .An outdoor seating/dining permit area shall be kept in a neat and orderly
appearance and shall be kept free from ref1:lse and debris. The permittee shall be
responsible for daily cleaning and sVleeping of the side\valk care area and for the
cleanliness and maintenance of any outdoor planters immediately adjacent to the
outdoor seating/dining area. CleaRing shall include t'Nice monthly pressure
cleaning or other appropriate cleaning methods, as determined by the City. Use
of City side'?lalks for trash and garbage remolt'al shall be prohibited.
( 1 0) A side\valk care shall not interfere 'Nith the free and unobstructed pedestrian
or vehicular circulation of traffic, public access to any street intersections,
crossllralks, public seating areas and conveniences, bus stops, alle~'s, service
casements, handicap facilities, or access to any other public, residential or
commercial establishments. The \vidth and location of the sidevlalle pedestrian
passage through the sidevlalk care shall be as follovls:
a) If there is seating on one side of the sidell/aIle, a minimum of five (5) feet of
sidevralle must remain unobstructed b~' outdoor seating furniture afld the
maneuvering of chairs, and clear for pedestrian passage;
Page 20 of24
Ord. No. 19-21-2409
a) If there is seating on !'ivo (2) sides of the sidevralk, a minimum of five (5) feet
of side'Nalk aetvleen the tVlO (2) seating areas must remain unoastructed ay
outdoor seating furniture and the maneuvering of chairs, and clear for pedestrian
passage;
c) :All outdoor furniture, including aut not limited to, taBles, chairs and umarellas
(excluding outdoor planters), shall ae located a minimum of eighteen (1 8) inches
ffom the cum.
(11) A sideviallc care on the pualic rights of way shall ae open and unenclosed.
Wo auilding structures ofan~r kind shall ae allo:v,ed in and over any portion of the
outdoor seatingtdining area located on puhlic property, e){cept a~r prior express
vlntten authority of the City l\4anager.
(12) TaBles, chairs and all other furniture used in the operation of an outdoor
seatingJdining area on the pualic rights of 'way shall not ae anchored or restrained
in any mar.J1er. Individual taBle umarellas, planters, or other such non stationary
elements may ae permitted ')lithin the outdoor seatingJdining area and, vmere
applicaBle, shall have a minimum clearance height of seven (7) feet aaove the
sidewalk.
(13) A. sidevlalk care must apply for and receh1e advanced vlfitten specific
approval to provide amplified sound of an~r kind in the outdoor seating area. In
the event the City l\4anager determines that the amplified sound constitutes a
pualic nuisance, the City l\4anager shall impose additional conditions; in the
event of a second offense, the City l\4anager shall revoke the appro\ral
authorizing the use of amplified sound. Sound must ae kept at a lo\v volume so
as to not distura neighaoring ausinesses, residences, or to ae audiale in
neighhoring residential districts. Plans for amplified sound must he suhmitted
vlith the site plan. Each estaalishment must sign an agreement in order to haNe
amplified music.
(14) Pi sidevlalk care on pualic rights of vlay shall ae restricted to the length of
the sidevialk or pualic right of viay immediately ffonting the side'walk care unless
expressly authorized in \''Fiting hy the City l\4anager. The utilization of space
e}ctending aeyond the suBject property ffontage onto the immediately adjacent
property m~' ae authorized ay the City l\4anager \vith the express \Yi'itten
appro\ral of the adjacent storeffont O'Nner; hovlever, the seats and chairs in this
location m~r not alock the adjacent storeffont vt'indovis. This expansion is subject
to annual \Yi'itten consent provided ay the property o'.vners in ffont of \vhose
properties the outdoor seatingtdining service 'Nould occur. The annual v/ritten
consent form shall ae provided to the City and shall include an insurance policy
naming the City as an additional insured and a hold harmless clause in favor of
the City.
(15) Pi side'Nalk care shall ae at the same elevation as the adjoining side\valk or
pualic right of ')l~r unless e}cpressly authorized in viriting h~r the City l\4anager.
(1 e) Carts and trays for serving food are permitted in the outdoor seating,ldining
area aut must comply 'Nith the provisions of Suasection 9(a) and (h).
(17) The maximum numaer of outdoor seats shall not e}cceed eighty (80) percent
of the numaer of indoor seating, except for restaurants vlith indoor seating of
Page 21 of24
Ord. No. 19-21-2409
hventy five (25) seats or less \'lHieH may Have outdoor seats not to exeeed one
Hundred (100) flereent of tHe number of indoor seats.
(18) During tHe oflerating Hours all outdoor furniture must be seeurely fllaeed as
SHOVffl on tHe aJ9flrOved site fllan or as may be ordered by tHe City ~4anager in
vHiting. l\fter operating Hours, outdoor fl:lFniture must be neatly staeked to a
mwdml:lm HeigHt of five (5) feet viitHoili bloeking tHe sidewalk. A City aflflroved
eover may be required by tHe City ~4anager for eHairs left outside ""'Hen staeked.
(19) No flerson, flroflerty O'Nner, lessee or restaurant sHaH allo\v outdoor
seating/dining on a flublie rigHt of 'Nay or any flrivate flroflerty eontiguol:ls witH a
flublie rigHt of way '.vitHout a flermit. EaeH da-y tHat ol:ltdoor seating/dining or
similar aetivity oeeurs 'Nitkoili a flermit or in violation of tHe site fllan, sHaH
eonstitute a seflarate ineident of violation and sHall result in a fine for eaeH da~' of
eontinued violation. THe eontinuing ofleration of a sidevialk eare or any ol:ltdoor
seating/dining aetivity vlitkout a flermit as required by tHis ordinanee after tke
reeeiflt of a violation notiee from tHe City ~4anager may also result in tHe
revoeation of the restaurant business ta-J( reeeiflt flursuant to Seetion 13 16 of tke
City Code.
(20) l\ny violation of ilie regulations and standards set fortk in tHis seetion skaH
eonstitute a seflarate violation and skall result in a fine for eaeH day of eontinued
violation in an amOHnt set fortk in tHe City's Sekedl:lle of Fees and Fines. A ..
subsequent violation of any of tHe regulations and standards set fortH in tHis
seetion sHaH result in a fine for eaeH day of sueH eontinued violation as set fortH
in the City's Sehedl:lle of Fees and Fines. Tke eontinuing ofleration of an aetivity
governed by tHis seetion vAtkout a flermit or v/ith a susflended flermit or after tHe
reeeipt of a violation notiee from tke City ~4anager and the faill:lfe to timely eure
the violation, may result in tke re\'oeation of the business ta}( reeeipt of the flerson
or entity resflonsible, pursuant to Seetion 13 16 of tke City Code.
(21) The City sHall issue t",,'enty four Hour ''laming notiees for all non life safety
violations of this seetion wHieh must be eorreeted 'Nitk twenty four (24) hours of
reeeipt of sueh notiee.
(22) ~tO vlaming notiees skall be required flrior to the issuanee of a violation for
failure to have a permit or for life safety violations and/or life safety or side\'lalk
eafe site fllan violations and sueH violations shall be eorreeted ifl1Fflediately. Life
safety violations are defined as those eonditions \vhieh, in the reasonable
determination and judgment of tHe City ~4anager, involve serious danger and/or
risk to the publie healtH, safety or 'tVelfare (ineluding, vlithout limitation, bloeldng
pedestrian pathvia~'s and violations of tke state aeeessibility eo de for building
eonstruetion). Life safety outdoor seating/dining site fllan violations are defined
to inelude those instanees 'NHere the permittee is operating outside of tke
permitted outdoor seating/dining use area (as aJ9proved pursuant to tHis eode)
sueh as \"here sidevlalk eare f1:lrniture is found outside the aflproved boundaries
of the outdoor seating/dining use site plan; bili shall not be deemed to inelude
instanees ""/here a ehair or ehairs are temflorarily moved outside tke aflproved
boundaries of site fllan by a sidevialk eafe flatron(s) unless it remains in suek
unauthori:led loeation for more than fifteen (15) minutes.
Page 22 of24
Ord. No. 19-21-2409
(23) IfCity flersormel fiRds a violatioR of this ordiRanee after a tVlenty fot:lr hot:lr
V/arFliRg notiee of sueh violatioR as beeR flreviously issued, theR a Rotiee of
violation shall be isst:led to the violator. ~J:o st:leh vlarFling Rotiee is reqt:lired for
the failt:lre to have a valid flermit or for life safety violatioRs of this seetioR and
for life safety ot:ltdoor seatiRg/diRiRg site flleA violatioRs, and a violatioR may be
isst:led at any time.
(24) The City ~4anager or desigRee m~' order all furniture, iReludiRg, but Rot
limited to, seats, tables, aRd flleAters to be removed iR the eveRt of a fleRdiRg
storm, harrieaRe, or other deelared emergeRey.
(25) Tables, chairs and other furniture OR the sidevlalk m~' be removed by the
City, and a reasoRable fee eharged for labor, transflortatioR, and storage as 'Nell
as a fiRe 'Nhieh shall be iRitially set at tV/O ht:lRdred fifty dollars ($250.00) and
,,,hieh shall be levied agaiRst the flerSOR or eRtity vmo O'¥IlS andfor eomrols sueh
furniture, should the reSfloRsible flerSOR or eRtity fail to remove said items 'NithiR
thirty six (3e) hot:lrs of reeeiflt of the City's Rotiee to do so for any reasoR t:lRder
this seetioR. IR the eveRt of a fleRdiRg storm, ht:lrrieeAe or other deelared
emergeney, the City ~4anager may reduee the thirty six (3e) hour time fraFfle. The
City ~4anager shall flrOmt:llgate and revievl, as Reeded, regt:llatioRS regardiRg the
storage and disflositioR of side''lalk eafe furniture uRder this sectioR.
(F) Outdoor SeatiRglDiRiRg \\'ithiA the DovlntO\\'fl So~4i (DS) ZoniRg Distriet.
(1) Outdoor seatiRg aRd diRiRg or a SideVlaU( Care OR flrivate flroflerty vlithiR the
DO'.¥Ilto\\'fl So~4i (DS) distriet is flermitted UflOR aIJflro'/al of aA outdoor seatiRg
site fllan filed v/ith eAd subjeet to admiRistrative aflflroval b~' the City ~4aRager.
The aIJfllieatioR for st:leh admiRistrative site fllaR aflflroval shall iRelt:lde a l~'ot:lt
(site fllan) of the 10eatioR of all tables, chairs (iRcludiRg Rumber and ~'fle of
ehairs), beRehes, aRd other furniture; fledestrian iRgress and egress; 10eatioR of
refuse eomaiRers; 10eatioR of aflflroved outdoor sfleakers; aRd other elemeRts
Reeessary to illustrate the flroflosed outdoor seatiRg/diRiRg use eAd area (all
drav/iRgs must be titled, iRdieate orieRtatioR, and be at aR aeeefltable seale). If
aIJfllieable, the site fllan mt:lst elearly iRdieate Vlhieh tables, ehairs, beRehes, and
other furniture are OR flrivate flroflerty verSt:lS ''lithiA a flublie right of W~'.
Ot:ltdoor seatiRg/diRiAg ,,,ithiA flrivate flroflerty shall be admiRistratively
aflflroved by the City MaRager flrovided that there exists st:lffieieRt flarkiRg for
said use eAd that aeeessibility aRd life safe~' staRdards are met, as based OR
adoflted ordiRanees and buildiRg eodes effuetive 'NithiR the Ci~'.
(2) Outdoor seatiRg/diRiRg ROt loeated vlithiR flrivate flroflerty aRd to be loeated
,,'ithiR a flublie right of viay adjaeeAt to aAd vlithiR the DS distriet shall be subjeet
to the flrovisioRS of SeetioA 20 3.3(E), South ~4iami Land DeveloflmeRt Code.
Section 4. Corrections. Conforming language or technical scrivener-type
corrections may be made by the City Attorney for any conforming amendments to be
incorporated into the final ordinance.
Section 5. Codification. The provisions of this ordinance will become and be
made part of the City of South Miami Land Development Code as amended; that the
Page 23 of24
Ord . No . 19 -21 -2409
sec t io n s o f t h is ordi nance may be ren umbe re d o r re -I e tt e r e d to a cco mpli s h s uc h in te nt io n ;
a nd th at t he wo rd "o rdin a nce" m ay b e c h a nged to "secti o n" o r oth e r a ppropria te w ord.
S c ction 6. O rdinan c es in Conflict. A ll o rd in a nce s o r parts o f o rdin a n ces a nd a ll
section s a nd parts o f sec t io n s o f o rdin an c e s in d i rec t co nflict he rewit h are he re by re p eale d .
S ection 7. S everabili ty . If a ny se cti o n, cl a us e , s e nten ce, o r phrase of thi s
o rdin a nc e is fo r a n y rea s o n he ld i nva li d o r u nc o n s t itutional by a c o urt o f co mpe t e nt
juri sd ic ti o n, t hi s h o ldin g w i ll no t affe c t th e vali dity of t he rema in in g porti o ns of th is
o rdin a nce.
S ection 8. Effec t ive Da tc . Th is o rd in a n ce w il l beco m e effecti ve upo n e na c t m e nt.
PASSE D A N D EN ACTE D t h is ~ day of Sep te m ber. 202 1.
A TT ES T:
I sl Rea ding -8/17 /2 1
2 nd Read in g -917 12 1
REA D AN D
LA N GUAG
EXEC:J.J,:Fft1JN
Page 24 of 24
A PPRO VE D:
COMM ISS ION V OTE :
May o r Philips :
Co mmi ss io n e r G il:
Comm iss io n e r Ha rri s:
4-1
Yea
Yea
Yea
Co mmi s s io ne r Li e bma n: Nay
Co m m is s io ne r Co rey : Yea
City Commission Agenda Item Report
Meeting Date: Septem ber 7, 2021
Submitted by: Thomas Pepe
Submitting Department: City Attorney
Item Type: Ordinance
Agenda Section:
Subject:
Agenda Item No: 19.
An Ordinance amending the City of South Miami Land Development Code, Chapter 20, Sections 20-3.6 (V) and
20-3.3(D), (E) and (F) to reorganize sections of the Code concerning outside activities of businesses and to
provide further regulation of business activity. 3/5 (City Attorney)
Suggested Action:
Attachments:
Ordinance_amending_20-3.3_E_and_20-3.6_V _AW-rev4CArevClean (4).docx
Ordinance_amending_20-3.3_E_and_20-3.6_V _AW-rev4CArevClean CC1st ReadingProposed 2nd Reading
Amend.docx
Ordinance amending 20-3.3{E) and 20-3.6{V) AW-rev4CArevCleanrev4 Outdoor with underline&StrikeOuts.docx
20-3.6_ V _ (l).docx
Comparison of EXisting Sec 20-3.3{E) vs Amended Sec 20-3.6{V)(S)ver3.docx
PB-21-007 Final PB Regular Meeting Minutes Excerpt -07-13-2021.pdf
1
20-3.6{V)
{V)Commercial Activity Conducted Outside of a Building.
(1) No commercial activity with the exception of those uses and activities listed in Sections (3)
and (4) below shall be allowed to be conducted outside of a building, unless a proper permit is
issued pursuant to the regulations set forth in this section.
(2) Private property. Outside retail merchandise display set out on private property shall be
permitted subject to the following limitations and conditions;
(a) The outside merchandise display may only include items which are sold inside the
building of the business; the business must have a valid current business tax receipt
(occupational license);
(b) A restaurant may not have an outside display of retail merchandise;
(c) The outside display of retail merchandise may not be placed on any vehicular parking
spaces or in any area which blocks access to'or from a required vehicular parking area;
(d) The outside merchandise display may only occupy a maximum square footage of ten (10)
percent of the gross square footage occupied by the business inside the building; the posted
permit as required by subsection (j) below, shall indicate the square footage of the business
inside the building and the square footage occupied by the outside display of retail
merchandise. Additional parking spaces are required for all additional square footage of
outdoor display;
(e) The outside merchandise display may only include retail merchandise that can be
immediately carried away by a customer after purchase; merchandise which requires
delivery to the customer or requires being carried by hand truck or similar device is
prohibited from being displayed outside the business;
(f) The outside merchandise may only be displayed while the business is open and must be
removed on or before the close of business for each calendar day;
(g) Retail merchandise display set out on private property must obtain a permit from the
Code Enforcement Department as set forth in the City's Schedule of Fees;
(h) The outside display of retail merchandise permit regulations will be enforced using
procedures set forth in the Code of Ordinances;
(i) The outside display of retail merchandise permit may be revoked by the City Manager
upon finding that one (1) or more conditions of these regulations were violated, or that the
outside display of retail merchandise is being operated in a manner which constitutes a
public nuisance or in any way constitutes a reasonable risk of potential liability to the City;
79
(j) Any business purchasing an outside display of retail merchandise permit consents to abide
by the limitations and conditions set forth in this ordinance and shall display the required
permit so that it is visible on the outside of the building during any period when there is an
outside display of retail merchandise; a copy of this ordinance shall be furnished to all
businesses purchasing an outside display of retail merchandise permit.
(3) Recognized outside uses. The following permitted and licensed uses are recognized as
businesses which must conduct commercial business outside of a building: however, the
placement of retail merchandise outside of a building by the listed businesses shall nevertheless
comply with the provisions or require adherence to the requirements, limitations and conditions
concerning displays of merchandise outside of a business:
(a)Agricultural farming activities on public property;
(b)Vehicie repair and detailing;
(c)Vehicie sales;
(d)Motor vehicle service stations;
(e)Bicycie rentals, sales, and service;
(f)Commercial nurseries;
(g)Outdoor dining/seating areas when part of a permitted and licensed restaurant.
(4) Special events exempted. Retail sales and activities associated with special events such as, but
not limited to, art fairs, art festivals, fund raising events, and special promotion programs which
have received a Special Events Permit from the City shall not be required to obtain a permit for
the outside display of retail merchandise as set forth in this ordinance.
(S) Reserved.
(6) Limited effective area.
(a) The rights and privileges granted by this ordinance are available only to properties located
within the Zoning Use Districts of SR, NR and TODD-MUS.
(b) A business establishment may only place outdoor displays on private property.
80
20-3.3 -Permitted use schedule.
(A) Type of Permitted Uses.
***
(E) Outdoor Seating/Dining.
(1) Outdoor seating/dining is permitted on all commercial properties located anywhere in
the City with the exception of commercial properties located on RM-24 (Medium
Density Multifamily Residential) zoned districts which are located within the Hometown
District Overlay Zone (HD) and in the NR Neighborhood Retail and the RO Residential
Office zoning districts. Outdoor seating/dining is only permitted in the NR
Neighborhood Retail, the RO Residential Office and RM-24 (Medium Density
Multifamily Residential) zoned districts if they are located within or contiguous to the
Hometown District Overlay Zone (HD) and operate under the following conditions:
(a) Outdoor seating/dining is only allowed if ~he business that is seeking a permit
for this use enters into an agreement with the City to comply with all of the
conditions set forth in this subparagraph (1);
(b) The permit is not transferable;
(c) The use does not Abut a single-family dwelling, two-family dwelling or
townhouse
(d) the use is acoustically well-buffered so that no sound emanating from within the
building that services outdoor dining is plainly audible at or inside the property
line of any property that is a single-family, two-family or townhouse, with the
exception of intermittent sounds of short duration associated with doors being
opened between a building that services outdoor dining and any outdoor dining
area;
(e) the owner of the property and operator of the business do not allow outdoor
music or singing or the use of any device that emits sound, including but not
limited to outdoor electronic speakers, handheld electronic devices, or musical
instruments, by anyone, including customers, if the sound is plainly audible at
or inside the property line of any property on which there is a townhouse, single-
family dwelling, or a duplex (two-family dwelling);
(f) If the property is outside of, but contiguous to, the HD, it must be unified with a
property that is within the HD and the owner must have recorded a Unity of Title
as to those parcels.
(2) A permit application for outdoor seating and dining or a sidewalk cafe on public
property or on public rights-of-way or on private property contiguous with a public
right-of-way, must be filed with the Planning and Zoning Department and approved by
the City Manager prior to such use. The application must include a layout (site plan) of
the location of all tables, chairs (including number and type of chairs), benches, and
other furniture; pedestrian ingress and egress; location of refuse containers; location of
approved outdoor speakers; and other elements necessary to illustrate the proposed
81
outdoor seating/dining use and area (all drawings must be titled, indicate orientation,
and be at an acceptable scale). If applicable, the site plan must clearly indicate which
seats and tables are on private property and which are on the public right-of-way. The
City Manager may require that an amended site plan be submitted in order to address
specific problems. At least seven (7) days prior to the City's Manager's decision on an
application for a property that is zoned NR Neighborhood Retail, RO Residential Office
or RM-24 that is locate in or contiguous to the Hometown District Overlay Zone (HD),
the City must post a sign on the subject property which identifies the nature of the
pending application and the means by which questions or comments on the application
may be directed. The City Manager must consider any comments received by the public
prior to issuing a decision on the application.
(3) The following words, terms and phrases, when used in this code, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Abut or Abutting means that one lot or parcel is contiguous with another lot or
parcel or separated only by a right of way.
Applicant means the person or entity that applies for a permit.
City means the City of South Miami, except that when the context suggests an
individual will take some action on behalf of the City, the term City shall be interpreted
to mean the City Manager or designee.
City Manager means the City Manager or the City Manager's designee.
Code compliance officer means the code compliance officers, or any other
authorized agent or employee of the City whose duty it is to assure compliance with the
City's Land Development Code or the City's Code of Ordinances.
Commercial Properties means real estate that is used for business activities but not
including residential properties located in any residentially zoned districts other than
RM-24 and they are in or contiguous to the Hometown District Overlay.
Zone. Contiguous with a public right-oJ-way, for purposes' of this section only, shall
mean outdoor locations that abut the public right-of-way and are not completely
separated from such right-of-way by any permanent structures or walls.
Menu board means a board allowing for the posting of a restaurant's menu and
fabricated in such a manner so as not to constitute a form of general advertising or
establishment identification.
Outdoor seating and dining means tables and/or seating that are situated outdoors
and where food and/or beverages are sold, served and/or consumed or where they are
intended to be sold, served and/or consumed and includes sidewalk cafes.
Outdoor, for purposes of this section only, shall mean an area outside of a
permanent structure that mayor may not be permanently covered with a roof.
82
Permanent Structure, for purposes of this section only, shall mean a structure
permanently affixed to the ground, which has four walls and a roof and that might or
might not have an opening to the outdoor seating and dining areas.
Permittee means the recipient of an Outdoor Seating/Dining Permit under the
terms and provisions of this section and for purposes of this section only.
Permit Year means the City's fiscal year that commences on October 1 and that ends
on September 30 of the following calendar year.
Restaurant for purposes of this section only, means a food service establishment
that is maintained and operated as a place where food and/or beverages are prepared
and/or served and sold for consumption within the premises, or a business
establishment which has, as an ancillary or secondary use, a part thereof where food
and/or beverages are prepared and/or served and sold for consumption within the
premises.
Right-oj-way, or public right-oj-way, for purposes of this section only, means land
in which a governmental body owns the fee title or has an easement devoted to or
required for use as a transportation facility including sidewalks and streets.
Sandwich board signshall have the same definition as set forth in Section 20-4.3{8}
under the name "Sign, portable outdoor dining."
Seating means any type of chair or other furniture provided for or used by
customers for the intended purpose of sitting while consuming beverages or food.
Sidewalk means that portion of the right-of-way which is intended for use by
pedestrians and is located between the curb line or the lateral line of a street and the
adjacent property line.
Sidewalk caje ("Caje") means an outdoor seating and dining use located on a right-
of-way or on private property that is contiguous with a public right-of-way and which is
associated with a restaurant and is primarily characterized by tables and chairs; may be
shaded by awnings, canopies or umbrellas; and may include such other sidewalk Cafe
furniture as permitted and/or approved pursuant to this section.
Sign shall have the same meaning as provided for in Section 20-4.3 of this code.
Street means that portion of a right-of-way improved, designed or ordinarily used
for vehicular traffic and/or parking.
Table means any furniture which is used for the placement of food or beverages.
(4) ~ A permit for a sidewalk cafe or outdoor seating/dining areas and uses of the public
right-of-way and/or any private property contiguous with a public right-of-way
{hereinafter referred to as an "outdoor seating/dining permit"} 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 outdoor
seating/dining permit shall not be transferable in any manner and is strictly a
83
conditional use permit, issued for a period of one year, renewable annually via payment
of the annual business tax receipt, annual proof of compliance with the requirements
of this ordinance, including insurance and, if applicable, payment of the per seat fee set
forth below.
(5) ~ The fee for outdoor seating/dining permit shall be charged annually, and paid at
the same time as the applicant/permittee pays its business tax receipt, for each outdoor
seat located on public rights-of-way or on any private property contiguous with a public
right-of-way and/or any stand-alone table top with no seating which is provided in
conjunction with the sale of, or intended to be used for, or in the course of, the
consumption of beverages or food. If the applicant has an existing restaurant, the initial
fee shall be prorated based on the time remaining before the applicant's business tax
receipt expires. The permit fees to be charged shall be set forth in the City's Schedule
of Fees and Fines. The permit fee shall be added to the annual business tax receipt and
the payment of all outstanding violation fees for the main business. No outdoor
seating/dining permit shall be issued while the applicant/permittee is delinquent in the
payment of any money owed to the City.
(6) ~ The applicant/permittee shall provide the City with:
(a) A copy of the business tax receipt from the City of South Miami.
(b) Copies of all required health department permits to operate a sidewalk cafe or
equivalent outdoor seating/dining restaurant.
(c) A policy and/or certificate of insurance and an indemnification agreement that is
acceptable to the City Manager and that provides for compliance with the City's
insurance and indemnification requirements, including the following:
(i) Commercial general liability insurance in the amount of one million dollars
($1,000,000.00) per occurrence for bodily injury and property damage. The City
must be named as an additional insured on this policy, and an endorsement
must be issued as part of the policy reflecting compliance with this requirement
to cover liability applicable to outdoor seating/dining and/or sidewalk cafes as
described in this ordinance.
(ii) For sidewalk cafes and other outdoor seating/dining area that serve alcoholic
beverages, liquor liability insurance in the amount of one million dollars
($1,000,000.00) per occurrence for bodily injury and property damage. The City
must be named as an additional insured on this policy, and an endorsement
must be issued as part of the policy reflecting compliance with this requirement
to cover liability applicable to outdoor seating/dining and/or sidewalk cafes as
described in this ordinance.
(iii) Workers' compensation and employers' liability as required by the state.
All policies must be issued by companies authorized to do business in Florida and rated
A-VIII or better per Best's Key Rating Guide, latest edition. The City Manager may
increase these insurance requirements provided such requirements are applied to all
parties similarly situated.
84
Proof of insurance shall be provided to the City as a requirement of the permit. If such
proof is a nonbinding certificate, the applicant/permittee's insurance agent or carrier
shall annually advise the City in writing, on a form acceptable to the City Manager under
penalty of perjury, of the insurance coverage being provided, the term of the coverage
and verifying that the outdoor seating/dining area and the City are covered by the
required insurance. Such affidavit/declaration shall include the policy number, company
name and company contact information and the form numbers of the policy and all of
the endorsements to the policy. City administrative staff shall contact the permittee's
insurance company periodically to verify the existence and continuance of' such
insurance; however, this in no way relieves the insurance agent of the agent's duty to
provide truthful information to the City. Unless the owner or operator of the outdoor
seating/dining area provides the City with a binding certificate of insurance and an
endorsement to provide the City with at least ten (10) days' advanced notice of intent
to cancel the policy, the owner or operator shall pay the City a fee of twenty-five dollars
($25.00) each time the City contacts the insurance company, to cover the cost to verify
existence of coverage. Failure to comply with these requirements shall be deemed to be
operating without a valid permit and, upon a finding by the City Manager that such
failure has occurred, shall cause an immediate suspension of the permit and the
assessment of a daily fine as set forth in the City's Schedule of Fees and Fines until the
permit is revoked or the requirements are met. Applications for permits shall include an
indemnification of the City for any and all liability associated with the permittee's
operation of the sidewalk cafe/outdoor seating and dining area.
(7) f§1 An outdoor seating/dining permit may be revoked or suspended by the City
Manager.
(a) Suspension. The City manager may suspend a permit for 30 days upon a finding
that one or more conditions of these regulations have. been violated or that the
sidewalk cafe/outdoor seating and dining area is being operated in a manner that
is inconsistent with the approved site plan or constitutes a public nuisance, or in
any way constitutes a reasonable risk of injury to persons or damage to property
or potential liability to the City provided the following conditions are met:
.ill the City Manager has given the business and property owner a prior written
Notice of Civil Infraction of the violation (Citation):
ill there is a subsequent violation that is the same or substantially similar to and
that occurs within 12 months of the violation for which the first Notice of Civil
Infraction (Citation) was issued;
1ilil the manager gives the violator reasonable notice of the suspension or
termination hearing;
11Y1 the violator is given a reasonable opportunity to be heard and to cross
examine witnesses;
M The manager finds by competent substantial evidence that this Subsection was
violated (Substantiated Violation);
85
bill In lieu of a hearing held by the City Manager, the manager may suspend the
permit if the owner of the property or business owner of the outdoor
seating/dining facility has been found to have violated this Subsection
(Substantiated Violation) by the City's Special Magistrate in accordance with
the procedure set forth in Section 2-25 of the City's Code of Ordinances.
(b) Revocation. The City Manager may revoke the permit if there have been three (3)
or more Substantiated Violations, within any 30-day period of time.
(c) Appeal. A decision by the City Manager to suspend (including a suspension due to
a noise violation governed by this Subsection (E)) or revoke a permit for failure to
comply with the one or more conditions or regulations may be appealed by the
permittee to the City Commission pursuant to the appeal procedure set forth in
Section 13-105 of the City's Code of Ordinances. Notwithstanding anything
contained in Section 13-105, an appeal must be filed with the City Clerk within
thirty (30) days of receipt of written notice of the City Manager's decision. An
appeal of the City Manager's decision does not stay the implementation of the
City Manager's decision. The City Commission must hear and enter a decision
within sixty (60) days from the date the appeal is filed. The City Manager's decision
must be in writing and indicate the grounds for his action and the provisions of
the City's Code that have been violated, if any, and/or the public nuisance or risk
upon which the decision of the City Manager was predicated.
(8) {i} An outdoor seating/dining permit 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 permittee as well as the
owner/operator of the outdoor seating/dining area.
(9) (7) An outdoor seating/dining permit may be temporarily expanded by the City
Manager upon receipt of a written request including a site plan during special events.
(10) ~ An outdoor seating/dining permit area shall be kept in a neat and orderly
appearance and shall be kept free from refuse and debris. The permittee shall be
responsible for daily cleaning and sweeping of the sidewalk cafe area and for the
cleanliness and maintenance of any outdoor planters immediately adjacent to the
outdoor seating/dining area. Cleaning shall include twice-monthly pressure cleaning or
other appropriate cleaning methods, as determined by the City. Use of City sidewalks
for trash and garbage removal shall be prohibited.
(11) {Q} A sidewalk cafe 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 casements, handicap
facilities, or access to any other public, residential or commercial establishments. The
width and location of the sidewalk pedestrian passage through the sidewalk cafe shall
be as follows:
86
a) If there is seating on one side of the sidewalk, a minimum of five (5) feet of sidewalk
must remain unobstructed by outdoor seating furniture and the maneuvering of
chairs, and clear for pedestrian passage;
b) If there is seating on two (2) sides of the sidewalk, a minimum of five (5) feet of
sidewalk between the two (2) seating areas must remain unobstructed by outdoor
seating furniture and the maneuvering of chairs, and clear for pedestrian passage;
c) All outdoor furniture, including but not limited to, tables, chairs and umbrellas
(excluding outdoor planters), shall be located a minimum of eighteen (18) inches
from the curb.
(12) ~ A sidewalk cafe on the public rights-of-way shall be open and unenclosed. No
building structures of any kind shall be allowed in and over any portion of the outdoor
seating/dining area located on public property, except by prior express written
authority of the City Manager.
(13) ~ 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 and, where applicable, shall
have a minimum clearance height of seven (7) feet above the sidewalk.
(14) ~ A sidewalk cafe must apply for and receive advanced written specific approval to
provide amplified sound of any kind in the outdoor seating area. In the event the City
Manager determines that the amplified sound constitutes a public nuisance, the City
Manager shall impose additional conditions; in the event of a second offense, the City
Manager shall revoke the approval authorizing the use of amplified sound. Sound must
be kept at a low volume so as to not disturb neighboring businesses, residences, or to
be audible in neighboring residential districts. Plans for amplified sound must be
submitted with the site plan. Each establishment must sign an agreement in order to
have amplified music.
(15) ~ A sidewalk cafe on public rights-of-way shall be restricted to the length of the
sidewalk or public right-of-way immediately fronting the sidewalk cafe unless expressly
authorized in writing by the City Manager. The utilization of space extending beyond
the subject property frontage onto the immediately adjacent property may be
authorized by the City Manager with the express written approval of the adjacent
storefront owner; however,' the seats and chairs in this location may not block the
adjacent storefront windows. This expansion is subject to annual written consent
provided by the property owners in front of whose properties the outdoor
seating/dining service would occur. The annual written consent form shall be provided
to the City and shall include an insurance policy naming the City as an additional insured
and a hold harmless clause in favor of the City.
(16) ~ A sidewalk cafe shall be at the same elevation as the adjoining sidewalk or public
right-of-way unless expressly authorized in writing by the City Manager.
(17) ~ Carts and trays for serving food are permitted in the outdoor seating/dining area
but must comply with the provisions of Subsection 9(a) and (b).
87
(18) ~ The maximum number of outdoor seats shall not exceed eighty (80) percent of
the number of indoor seating, except for restaurants with indoor seating of twenty-five
(25) seats or less which may have outdoor seats not to exceed one hundred (100)
percent of the number of indoor seats.
(19) ~ During the operating hours all outdoor furniture must be securely placed as
shown on the approved site plan or as may be ordered by the City Manager in writing.
After operating hours, outdoor furniture must be neatly stacked to a maximum height
of five (5) feet without blocking the sidewalk. A City approved cover may be required by
the City Manager for chairs left outside when stacked.
(20) ~ No person, property owner, lessee or restaurant shall allow outdoor
seating/dining on a public right-of-way or any private property contiguous with a public
right-of-way without a permit. Each day that outdoor seating/dining or similar activity
occurs without a permit or in violation of the site plan, shall constitute a separate
incident of violation and shall result in a fine for each day of continued violation. The
continuing operation of a sidewalk cafe or any outdoor seating/dining activity without
a permit as required by this ordinance after the receipt of a violation notice from the
City Manager may also result in the revocation of the restaurant business tax receipt
pursuant to Section 13-16 of the City Code.
(21) ~ Any violation of the regulations and standards set forth in this section shall
constitute a separate violation and shall result in a fine for each day of continued
violation in an amount set forth in the City's Schedule of Fees and Fines. A subsequent
violation of any of the regulations and standards set forth in this section shall result in
a fine for each day of such continued violation as set forth in the City's Schedule of Fees
and Fines. The continuing operation of an activity governed by this section without a
permit or with a suspended permit or after the receipt of a violation notice from the
City Manager and the failure to timely cure the violation, may result in the revocation
of the business tax receipt of the person or entity responsible, pursuant to Section 13-
16 of the City Code.
(22) ~ The City shall issue twenty-four-hour warning notices for all non-life safety
violations of this section which must be corrected with twenty-four (24) hours of receipt
of such notice.
(23) ~ No warning notices shall be required prior to the issuance of a violation for failure
to have a permit or for life safety violations and/or life safety or sidewalk cafe site plan
violations and such violations shall be corrected immediately. Life safety violations are
defined as those conditions which, in the reasonable determination and judgment of
the City Manager, involve serious danger and/or risk to the public health, safety or
welfare (including, without limitation, blocking pedestrian pathways and violations of
the state accessibility code for building construction). Life safety outdoor seating/dining
site plan violations are defined to include those instances where the permittee is
operating outside of the permitted outdoor seating/dining use area (as approved
pursuant to this code) such as where sidewalk cafe furniture is found outside the
approved boundaries of the outdoor seating/dining use site plan; but shall not be
deemed to include instances where a chair or chairs are temporarily moved outside the
88
approved boundaries of site plan by a sidewalk cafe patron(s) unless it remains in such
unauthorized location for more than fifteen (15) minutes.
(24) ~ If City personnel finds a violation of this ordinance after a twenty-four-hour
warning notice of such violation as been previously issued, then a notice of violation
shall be issued to the violator. No such warning notice is required for the failure to have
a valid permit or for life safety violations of this section and for life safety outdoor
seating/dining site plan violations, and a violation may be issued at any time.
(25) ~ The City Manager or designee may order all furniture, including, but not limited
to, seats, tables, and planters to be removed in the event of a pending storm, hurricane,
or other declared emergency.
(26) ~ Tables, chairs and other furniture on the sidewalk may be removed by the City,
and a reasonable fee charged for labor, transportation, and storage as well as a fine
which shall be initially set at two hundred fifty dollars ($250.00) and which shall be
levied against the person or entity who owns and/or controls such furniture, should the
responsible person or entity fail to remove said items within thirty-six (36) hours of
receipt of the City's notice to do so for any reason under this section. In the event of a
pending storm, hurricane or other declared emergency, the City Manager may reduce
the thirty-six (36) hour time frame. The City Manager shall promulgate and review, as
needed, regulations regarding the storage and disposition of sidewalk cafe furniture
under this section.
(F) Outdoor Seating/Dining Within the Downtown SoMi (OS) Zoning District.
(1) Outdoor seating and dining or a Sidewalk Cafe on private property within the Downtown
SoMi (OS) district is permitted upon approval of an outdoor seating site plan filed with
and subject to administrative approval by the City Manager. The application for such
administrative site plan approval shall include a layout (site plan) of the location of all
tables, chairs (including number and type of chairs), benches, and other furniture;
pedestrian ingress and egress; location of refuse containers; location of approved
outdoor speakers; 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). If applicable, the site plan must clearly indicate which tables,
chairs, benches, and other furniture are on private property versus within a public right-
of-way. Outdoor seating/dining within private property shall be administratively
approved by the City Manager provided that there exists sufficient parking for said use
and that accessibility and life safety standards are met, as based on adopted ordinances
and building codes effective within the City.
(2) Outdoor seating/dining not located within private property and to be located within a
public right-of-way adjacent to and within the DS district shall be subject to the
provisions of Section 20-3.3(E), South Miami Land Development Code.
89
Sec. 20-3.3 (E)
(current LDC language)
NOTE THAT ALL OF THE EXISTING TEXT FROM SECTION
20-3.3(E) IS IN THIS COLUMN BUT IT IS NOT IN THE
SAME ORDER AS IT APPEARS IN SECTION 20-3.3(E).
IN ORDER TO MAKE IT EASIER TO COMPARE THE
EXISTING TEXT OF 20-3.3(E) TO THE PROPOSED
INCORPORATION OF SUBSECTION (E) INTO THE
SECTION 20-3.6(V), IT HAS BEEN DISASSEMBLE AND
THE APPROPRIATE PARTS ARE PUT OPPOSITE THE
PROPOSED AMENDMENT TO 20-3.6(V) THAT DEALS
WITH THE SAME SUBJECT MATTER.
Sec. 20-3.6(V)
(TFP changes)
(V) Commercial Activity Conducted Outside of a Bui/ding.
(1) No commercial activity conducted on Commercial Property,
with the exception of those uses and activities listed in
Sections (3) aREl (4) and (5) below, shall be is allowed to be
conducted outside of a Fully Enclosed 8Building unless a
proper permit is issued pursuant to the regulations set forth in
this Section. Outdoor business activity that is not listed in
paragraphs (3), (4) and (5) below may be allowed on a
temporary basis if a proper permit is issued for such activity.
The owner of any structure that houses commercial activity
and-the operator of any business on such property are
prohibited from allowing any sound emanating from within the
building from being plainly audible at or inside the property
line of any property that is a single-family dwelling, two-family
dwelling or townhouse, with the exception of random.
unintentional and intermittent sound created. or escaping
from the structure. when people enter or leave the structure.
NOTE THAT THIS UNDERLINED SENTENCE 'IN RED
ABOVE ISCURRENTL Y THE BASIC REQUIREMENTS IN
20-3.3(El FOR OUTDOOR SEATING. SEE20~3.3(E)(1')(d)
BELOW IN THE LEFT-HAND COLUMN
Page 1 of 27 90
(2) _Private property. Outside retail merchandise display set out
on private property sAaU will be permitted subject to the
following limitations and conditions;
Page 2 of 27
(a) The outside merchandise display may only include
items which are sold inside the building of the
business; the business must have a valid current
business tax receipt (occupational license);
(b) A restaurant may not have an outside display of retail
merchandise;
(c) The outside display of retail merchandise may not be
placed on any vehicular parking spaces or in any area
which blocks access to or from a required vehicular
parking area;
(d) The outside merchandise display may only occupy a
maximum square footage of ten (10) percent of the
gross square footage occupied by the business inside
the building; the posted permit as required by
sl:Jbsestion subparagraph (j) below, must indicate the
square footage of the business inside the building and
the square footage occupied by the outside display of
retail merchandise. Additional parking spaces are
required for all additional square footage of outdoor
display;
(e) The outside merchandise display may only include
retail merchandise that can be immediately carried
away by a customer after purchase; merchandise
which requires delivery to the customer or requires
being carried by hand truck or similar device is
prohibited from being displayed outside the business;
(f) The outside merchandise may only be displayed while
the business is open and must be removed on or
before the close of business for each calendar day;
(g) Retail merchandise display set out on private property
must obtain a permit from the Code Enforcement
Department as set forth in the City's schedule of fees;
91
(h) The outside display of retail merchandise permit
regulations will be enforced using procedures set forth
in the Code of Ordinances;
(i) The outside display of retail merchandise permit may
be revoked by the City Manager upon finding that one
(1) or more conditions of these regulations were
violated, or that the outside display of retail
merchandise is being operated in a manner which
constitutes a public nuisance or in any way constitutes
a reasonable risk of potential liability to the City;
0) Any business purchasing an outside display of retail
merchandise permit consents to abide by the
limitations and conditions set forth in this ordinance
and sRaJI must display the required permit so that it is
visible on the outside of the building during any period
when there is an outside display of retail merchandise;
a copy of this ordinance sRaJI must be furnished to all
businesses purchasing an outside display of retail
merchandise permit.
(k) A business establishment may only place outdoor
displays on private property. [NOTE THAT THIS
SUBPARAGRAPH (k) IS THE SAME AS EXISTING
20-3.BN)(B)(b) BUT INSERTED HERE RATHER
THAN IN PARAGRAPH (B) (b) SINCE THIS IS THE
SECTION THAT DEALS WITH DISPLAYS.]]
(3) Recognized outside uses.
The following permitted and licensed uses are recognized as
commercial activities businesses vlhich must that. by the
nature of the business. are required to be. or are more
efficiently. conducted conduct commeFGial business outside of
a building. However, the placement of retail merchandise
outside of a building by the listed businesses sRaJI must
nevertheless comply with the provisions, or require adherence
the requirements, limitations and conditions concerning
displays of merchandise outside of a business as set forth in
this Subsection (V) and all property owners or business
Page 3 of 27 92
owners who first conduct this activ it' after August 2021
must obtain a non-transferable Qermi ti for such activity : NOTE
THAT PERMITS FOR OUTDOOR DINING ARE CURRENTLY
NON-TRANSFERABLE SEE 20 -3.3(E)(1 )(b) BELOW IN THE
LEFT-HAND COLUMN
(a)
( i) Agricu ltural farming activities on public property ;
( ii) Vehicle repair and detailing ;
(ii i) Vehicle sales ;
(iv) Motor ve hicle service stations ;
(v) Bicycl e rentals , sa les , and service ;
20 -3.3(E)(1 ) (vi) Commercia l nurseries ;
I HAVE HIGHLIGHTED THE PA RTS IN 20-3.3(E) BELOW (vii) Outdoor dining/seating areas when part of a
THAT ARE THE SAME , OR THAT COMES CLOSEST TO , permitted and licensed restaurant.
THE REVISED TE XT IN 20-3 .6(V) THAT IS IN THE (b) Re guired conditions of business activit' outs ide of a
OPPOSITE (RIGHT-HAND ) COLUMN OF THIS TABLE Fully Enclosed Structure :
(a) Outdoor seating/dining . is on ly all owed if the (i) Outdoorousiness activiN (the Use) that is first
business that is seeking a permit for this use co nducted on or after , 2021 , is only
e nters into an agreement with the City to comply allowed if the business enters into an agreement
with all of the conditions set forth in this with the Citv to comQ ly with all of the conditions
subparagraph ,l.2.l ; set forth in this subQaragraQh (3)(b).
(b) The permit is not transferal:il e ; TRANSFERRED (ii) The Use must not Abut a single -fam ily dwelling ,
TO (1) ABOVE IN RIGHT HAND COLUMN two -family dwelling or townhouse;
(c) The use does not Abut a single-famil y dwe llin g, (iii) A ll structures that are associated with the outside
two-family dwelling or townhouse activity must be acoustically well-buffered so that
(d) the use is acoustically well-buffered so that no no sound from within any building that services
sou nd emanat ing from within the building that outdoor activity is Qlainlll audible at or inside the
services outdoor dining is plainly audible at or QroQerty line of anll QroQe[)y that is a single-
inside the property line of any property that is a family, two-familll or townhouses, with the
single-family , two-family or townhouse , with the exceQtion of random , unintentional and
exception of intermittent sounds of short duration intermittent sound created , or escaQing from the
associated with doors being opened between a structure, when QeoQle enter or leave the
building that services outdoor dining and any structu re ;
outdoor dining area ; (iv ) The owner of the QroQertli and oQerator of the
business do not allow outdoor music or sinaina or
Page 4 of 27 93
(e) the owner of the property and operator of the
business do not allow outdoor music or singing or
the use of any device that emits sound. including
but not limited to outdoor electronic speakers,
handheld electronic devices, or musical
instruments. by anyone. including customers, if
the sound is plainly audible at or inside the
property line of any property on which there is a
townhouse. single-family dwelling, or a duplex
(two-family dwelling);
***
20-3.3(E) Outdoor Seating/Dining.
(1) Outdoor seating/dining is permitted on all
commercial properties located anywhere in the City
with the exception of commercial properties located
on RM-24 (Medium Density Multifamily Residential)
zoned districts which are located within the
Hometown District Overlay Zone (HD) and in the
NR Neighborhood Retail and the RO Residential
Office zoning districts. Outdoor seating/dining is
. only permitted in the NR Neighborhood Retail, the
RO Residential Office and RM-24 (Medium Density
Multifamily Residential) zoned districts if they are
located within or contiguous to the Hometown
the use of any device that emits sound. including
but not limited to outdoor electronic speakers.
handheld electronic devices. or musical
instruments. by anyone. including customers. if
the sound is plainly audible at or inside the
property line of any property on which there is a
townhouse. single-family dwelling or duplex (two-
family dwelling) (Residential Property);
(4) Special events exempted. Retail sales and activities
associated with special events such as, but not limited to,
art fairs, art festivals, fund raising events, and special
promotion programs which have received a Special
Events Permit from the City sAaB !§....not ge required to
obtain a permit for the outside display of retail
merchandise as set forth in this ordinanoo Subsection
M·
(5) ResePJod. Outdoor Seating/Dining.
Page 5 of 27 94
District Overlay Zone (HD) and operate under the
following conditions:
THE ABOVE PARAGRAPH HAS BEEN REVISED.
AND MOVED TO 20-3.6(V)(5)(b). See below in the
right-hand column of this document for new 20-
3.6(V)(5)(b)
(a) Outdoor seating/dining is only allowed if the
business that is seeking a permit for this use
enters into an agreement with the City to comply
with all of the conditions set forth in this
subparagraph (1);
(b) The permit is not transferable;
(c) The use does not Abut a single-family dwelling,
two-family dwelling or townhouse
(d) the use is acoustically well-buffered so that no
sound emanating from within the building that
services outdoor dining is plainly audible at or
inside the property line of any property that is a
single-family, two-family or townhouse, with the
exception of intermittent sounds of short duration
associated with doors being opened between a
building that services outdoor dining and any
outdoor dining area;
(e) the owner of the property and operator of the
business do not allow outdoor music or singing or
the use of any device that emits sound, including
but not limited to outdoor electronic speakers,
handheld electronic devices, or musical
instruments, by anyone, including customers, if
the sound is plainly audible at or inside the
property line of any property on which there is a
townhouse, single-family dwelling, or a duplex
(two-family dwelling);
(a), (b), (e)f (d) and (e) above has. been REVISED
AND MOVED TO 20-3.6(V)(3)(b) See ABOVE and in
the right-hand column of this document for new 20-
3.6(V)(3)(b) that addresses sound emanating from all
business, not just outdoor dining.
Page 6 of 27 95
(f) If the property is outside of, but contiguous to, the
HD, it must be unified with a property that is within
the HD and the owner must have recorded a
Unity of Title as to those parcels. THIS
PARAGRAPH IS LOCATED IN 20-3.6(V)(b)
I HAVE HIGHLIGHTED THE PART IN 20-3.3(E) BELOW
THAT WAS DELETED BEFORE THE DEFINITION WAS
COPIED TO THE DEFINITIONS IN 20-3.6(V)(5)(a) AND I
HAVE HIGHLIGHTED THE TEXT IN 20-3.6(V)(5)(a) THAT
HAS BEEN ADDED TO THE DEFINITIONS THAT ARE IN
THE OPPOSITE (RIGHT-HAND) COLUMN OF THIS
TABLE
(3)The following words, terms and phrases, when used in this .c.ru.
code, shall have the meanings ascribed to them in this
section, except where the context clearly indicates a
different meaning:
@Definitions. Solely for the purposes of this Subse?tio~ (V).
the following words. terms and phrases. when used In this
Subsection (V) will have the meanings ascribed to them in this
Subsection. except where the context clearly indicates a
different meaning:
Abut or Abutting means that one lot or parcel is contiguous
with another lot or parcel or separated only by a right of way.
Applicant means the person or entity that applies for a
permit.
City means the City of South Miami, except that when the
context suggests an individual will take some action on behalf
of the City, the term City shall be interpreted to mean the City
Manager or designee.
City Manager means the City Manager or the City
Manager's designee.
Abut or Abutting means that one lot or parcel is
contiguous with another lot or parcel or separated only by a
right of way.
Applicant means the person or entity that applies for a
permit.
City means the City of South Miami. except that when the
context suggests an individual will take some action on behalf
of the City. the term City will be interpreted to mean the City
Manager or designee.
City Manager means the City Manager or the City
Manager's designee.
Page 7 of 27 96
Code compliance officer means the code compliance
officers, or any other authorized agent or employee of the City
whose duty it is to assure compliance with the City's Land
Development Code or the City's Code of Ordinances.
Commercial Properties means real estate that is used for
business activities but not including residential properties
located in any residentially zoned districts other than RM-24
and they are in or contiguous to the Hometown District
Overlay Zone.
Contiguous with a public right-of-way, for purposes of this
section only, shall mean outdoor locations that abut the public
right-of-way and are not completely separated from such right-
of-way by any permanent structures or walls.
Menu board means a board allowing for the posting of a
restaurant's menu and fabricated in such a manner so as not to
constitute a form of general advertising or establishment
identification.
Code compliance officer means the code compliance
officers or code enforcement officer. or any other authorized
agent or employee of the City whose duty it is to assure
compliance with the City's Land Development Code or the
City's Code of Ordinances.
Commercial Properties means real estate that is used for
business activities but not including residential properties
located in any residentially zoned districts other than RM-24
and they are in or contiguous to the Hometown District
Overlay Zone.
Contiguous with a public right-of-wav means outdoor
locations that abut the public right-of-way and are not
completely separated from such right-of-way by any
permanent structures or walls.
Fully Enclosed Building means· _a"bl:JilailJg~w.hose :openings
remain closed' except for. thenormaEsnd:·reasona-bie.openlng
of doorswlien' entering orleaving';the 'btiilding~
Menu board means a board allowing for the posting of a
restaurant's menu and fabricated in such a manner so as not
to constitute a form of general advertising or establishment
identification.
Nuisance means any of the places or acts defined by
Section 823 .. 05. Fla. Stat.. as a nuisance or any structure.
place or activity that tends to annoy thecomniunity,injure the
health of the citizens in general. or corrupt the public morals or
becomes manifestly injurious to the morals .or manners of the
people or an activity that disturbs the free use of 'one's
property or renders ordinarY use or occupation of it physically
uncomfortable. See Jones v. TraWick. 75 'S0.2d 785
(Fla.1954); Mayflower Holding Co. -v. Warrick. 143 Fla. 125.
196 So. 428 (1940); Bunyak v. Clyde J. Yancey and Sons
Dairy. Inc .. 438 So.2d 891 (Fla. App. 1983>'
Page 8 of 27 97
Outdoor seating and dining means tables and/or seating
that are situated outdoors and where food and/or beverages are
sold, served and/or consumed or where they are intended to be
sold, served and/or consumed and includes sidewalk cafes.
Outdoor:, for purposes of this seation only, shall mean an
area outside of a permanent structure that mayor may not be
permanently covered with a roof.
Permanent Structure, for purposes of this seGtion only,
&RaIl mean a structure permanently affixed to the ground, which
has four walls and a roof and that might or might not have an
opening to the outdoor seating and dining areas.
Permittee means the recipient of an Outdoor
Seating/Dining Permit under the terms and provisions of this
section and for purposes of this sestion only.
Permit Year means the City's fiscal year that commences
on October 1 and that ends on September 30 of the following
calendar year.
Restaurant for purposes of this seGtion only, means a food
service establishment that is maintained and operated as a
place where food and/or beverages are prepared and/or served
and sold for consumption within the premises, or a business
establishment which has, as an ancillary or secondary use, a
part thereof where food and/or beverages are prepared and/or
served and sold for consumption within the premises.
Right-of-way, or public right-of-way, for purposes of this
seGtion only, means land in which a governmental body owns
the fee title or has an easement devoted to or required for use
as a transportation facility including sidewalks and streets.
Outdoor seating and dining means tables and/or seating
that are situated outdoors and where food and/or beverages
are sold. served and/or consumed or where they are intended
to be sold. served and/or consumed and includes sidewalk
cafes.
Outdoor means an area outside of a permanent structure
that mayor may not be permanently covered with a roof.
Permanent Structure means a structure permanently
affixed to the ground. which has four walls and a roof and that
might or might not have an opening to the outdoor seating and
dining areas.
Permittee means the recipient of an Outdoor
Seating/Dining Permit under the terms and provisions of this
paragraph (5).
Permit Year means the City's fiscal year that commences
on October 1 and that ends on September 30 of the following
calendar year.
Restaurant means a food service establishment that is
maintained and operated as a place where food and/or
beverages are prepared and/or served and sold for
consumption within the premises. or a business establishment
which has. as an ancillary or secondary use. a part thereof
where food and/or beverages are prepared and/or served and
sold for consumption within the premises.
Right-of-wav. or public right-of-way. means land in which
a governmental body owns the fee title or has an easement
devoted to or required for use as a transportation facility
including sidewalks and streets.
Sandwich board sign has the same definition as set forth
in Section 20-4.3(8) under the name "Sign. portable outdoor
dinino."
Page 9 of 27 98
Sandwich board sign shall have the same definition as set
forth in Section 20-4.3(8) under the name "Sign, portable
outdoor dining."
Seating means any type of chair or other furniture provided.
for or used by customers for the intended purpose of sitting
while consuming beverages or food.
Sidewalk means that portion of the right-of-way which is
intended for use by pedestrians and is located between the
curb line or the lateral line of a street and the adjacent property
line.
Sidewalk cafe ("Cafe") means an outdoor seating and
dining use located on a right-of-way or on private property that
is contiguous with a public right-of-way and which is associated
with a restaurant and is primarily characterized by tables and
chairs; may be shaded by awnings, canopies or umbrellas; and
may include such other sidewalk Cafe furniture as permitted
and/or approved pursuant to this section.
Sign shall have the same meaning as provided for in
Section 20-4.3 of this code.
Street means that portion of a right-of-way improved,
designed or ordinarily used for vehicular traffic and/or parking.
Table means any furniture which is used for the placement
of food or beverages.
20-3.3(E)(1 ).
Seating means any type of chair or other furniture
provided for or used by customers for the intended purpose of
sitting while consuming beverages or food.
Sidewalk means that portion of the right-ot-way which is
intended for use by pedestrians and is located between the
curb line or the lateral line of a street and the adjacent
property line.
Sidewalk cafe ("Cafe") means an outdoor seating and
dining use located on a right-ot-way or on private property that
is contiguous with a public right-of-way and which is
associated with a restaurant and is primarily characterized by
tables and chairs; may be shaded by awnings. canopies or
umbrellas; and may include such other sidewalk Cafe furniture
as permitted and/or approved pursuant to this paragraph (5)'
Sign has the same meaning as provided for in Section 20-
4.3 ot this Code.
Street means that portion ot a right-of-way improved.
designed or ordinarily used for vehicular traffic and/or parking.
Table means any furniture which is used for the
placement of food or beverages.
(1) Outdoor seating/dining is permitted on all commercial !Ql ffi Outdoor seating/dining is permitted on all commercial
properties located anywhere in the City with the properties located anywhere in the City with the exception of
exception of commercial properties located on RM-24 commercial properties located on RM-24 (Medium Density
(Medium Density Multifamily Residential) zoned districts Multifamily Residential) zoned districts which are located
which are located within the Hometown District Overlay within the Hometown District Overlav Zone (HD) and in the
Page 10 of 27 99
Zone (HD) and in the NR Neighborhood Retail and the
RO Residential Office zoning districts. Outdoor
seating/dining is only permitted in the NR Neighborhood
Retail, the RO Residential Office and RM-24 (Medium
Density Multifamily Residential) zoned districts if they are
located within or contiguous to the Hometown District
Overlay Zone (HD) and operate under the following
conditions:
20-3.3(E)(1 )(f)
(g) If the property is outside of, but contiguous to, the HD,
it must be unified with a property that is within the HD
and the owner must have recorded a Unity of Title as to
those parcels.
20-3.3(E)(2)
NR Neighborhood Retail and the RO Residential Office
zoning districts. Outdoor seating/dining is only permitted in
the NR Neighborhood Retail. the RO Residential Office and
RM-24 (Medium Density Multifamily Residential) zoned
districts if they are located within or contiguous to the
Hometown District Overlay Zone (HD).
If the property is outside of, but contiguous to, the HD, it
must be unified with a property that is within the HD and the
owner must have recorded a Unity of Title as to those
parcels: and
(2) A permit application for outdoor seating and dining or a !m £a)A permit application for outdoor seating and dining or a
sidewalk cafe on public property or on public rights-of-sidewalk cafe on public property or on public rights-of-way or
way or on private property contiguous with a public right-on private property contiguous with a public right-of-way,
of-way, must be filed with the Planning and Zoning must be filed with the Planning and Zoning Department and
Department and approved by the City Manager prior to approved by the City Manager prior to such use. The
such use. The application must include a layout (site application must include a layout (site plan) of the location of
plan) of the location of all tables, chairs (including all tables, chairs (including number and type of chairs)'
number and type of chairs), benches, and other benches, and other furniture: pedestrian ingress and egress:
furniture; pedestrian ingress and egress; location of location of refuse containers; location of approved outdoor
refuse containers; location of approved outdoor speakers; and other elements necessary to illustrate the
speakers; and other elements necessary to illustrate the proposed outdoor seating/dining use and area (all drawings
proposed outdoor seating/dining use and area (all must be titled, indicate orientation, and be at an acceptable
drawings must be titled, indicate orientation, and be at scale). If applicable, the site plan must clearly indicate which
an acceptable scale). If applicable, the site plan must seats and tables are on private property and which are on the
clearly indicate which seats and tables are on private public right-of-way. The City Manager may require that an
property and which are on the public right-of-way. The amended site plan be submitted in order to address specific
City Manager may require that an amended site plan be problems. At least seven (7) days prior to the City's
submitted in order to address specific problems. At least Manager's decision on an application for a property that is
seven (7) days prior to the City's Manager's decision on located in the NR Neighborhood Retail. the RO Residential
an application for a property that is zoned NR Office or RM-24 (Medium Density Multifamily Residential)
Neighborhood Retail, RO Residential Office or RM-24 zoned district and located within or contiouous to the
Page 11 of 27 100
that is locate in or contiguous to the Hometown District
Overlay Zone (HD), the City must post a sign on the
subject property which identifies the nature of the
pending application and the means by which questions
or comments on the application may be directed. The
City Manager must consider any comments received by
the public prior to issuing a decision on the application.
(4) A permit for a sidewalk cafe or outdoor seating/dining
areas and uses of the public right-of-way and/or any
private property contiguous with a public right-of-way
(hereinafter referred to as an "outdoor seating/dining
permit") 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 outdoor
seating/dining 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 business tax receipt, annual proof of
compliance with the requirements of this ordinance,
including insurance and, if applicable, payment of the
per seat fee set forth below.
Hometown District Overlay Zone (HDt the City must post a
sign on the subject property which identifies the nature of the
pending application and the means by which questions or
comments on the application may be directed. The City
Manager will consider any comments received by the public
prior to issuing· a decision on the application.
!.Ql £41A permit for a sidewalk cafe or outdoor seating/dining
areas and uses of the public right-of-way and/or any private
property contiguous with a public right-of-way (hereinafter
referred to as an "outdoor seating/dining permit") 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 outdoor
seating/dining permit is not transferable in any manner and it
is strictly a conditional use permit. issued for a period of one
year, renewable annually via payment of the annual business
tax receipt. annual proof of compliance with the requirements
of this ordinance. including insurance and, if applicable,
payment of the per seat fee set forth below,
(5) The fee for outdoor seating/dining permit shall be !ru. @The fee for outdoor seating/dining permit will be charged
charged annually, and paid at the same time as the annually, and paid at the same time as the
applicant/permittee pays its business tax receipt, for applicant/permittee pays its business tax receipt. for each
each outdoor seat located on public rights-of-way or on outdoor seat located on public rights-of-way or on any private
any private property contiguous with a public right-of-property contiguous with a public right-of-way and/or any
way and/or any stand-alone table top with no seating stand-alone table top with no seating which is provided in
which is provided in conjunction with the sale of, or conjunction with the sale of, or intended to be used for, or in
intended to be used for, or in the course of, the the course of, the consumption of beverages or food. If the
consumption of beverages or food. If the applicant has applicant has an existing restaurant. the initial fee will be
an existing restaurant, the initial fee shall be prorated prorated based on the time remaining before the applicant's
based on the time remaining before the applicant's business tax receipt expires. The permit fees to be charged
business tax receipt expires. The permit fees to be will be set forth in the City's schedule of Fees. The permit fee
charged shall be set forth in the City's Schedule of Fees will be added to the annual business tax receipt and the
and Fines. The permit fee shall be added to the annual oavment of all outstandina violation fees for the main
Page 12 of 27 101
business tax receipt and the payment of all outstanding
violation fees for the main business. No outdoor
seating/dining permit shall be issued while the
applicant/permittee is delinquent in the payment of any
money owed to the City.
THE DELETED TEXT IN 20-3.3(E)(6) BELOW WAS
UNNECESSARILY DUPLICATED AND WHEN THIS
SUBSECTION WAS TRANSFERRED TO 20-3.6(V)(g),
IN THE RIGHT-HAND COLUMN, THE DELETED TEXT
WAS GIVEN ITS OWN PARAGRAPH. THE
DELETIONS BELOW AND THE INCLUSION OF THAT
TEXT IN THE RIGHT-HAND COLUMN HAVE BEEN
HIGHLIGHTED.
(6) The applicant/permittee sRaII provide the City with:
(a) A copy of the business tax receipt from the City
of South Miami.
(b) Copies of all required health department permits
to operate a sidewalk cafe or equivalent outdoor
seating/dining restaurant.
(c) A policy and/or certificate of insurance and an
indemnification agreement that is acceptable to
the City Manager and that provides for
compliance with the City's insurance and
indemnification requirements, including tRe
follo'lJing:
ill Commercial general liability insurance in
the amount of one million dollars
($1,000,000.00) per occurrence for bodily
injury and property damage. The City ml:lst
be RameEi as an aEiditioRal iRsl:IFed on this
polisy, aREI an eRdoFSemeRt ml:lst be issl:led
... ~ .... '"ll .... ".f, +"' ........ "liAU n . .a.. .'
-~r----""'!" -.... -1""-"-.1 • '::J --..... ""_ •• _-
business. No outdoor seating/dining permit will be issued
while the applicant/permittee is delinquent in the payment of
any money owed to the City.
ill OOThe applicant/permittee must provide the City with:
ill A copy of the business tax receipt from the City of
South Miami;
!ill Copies of all required health department permits to
operate a sidewalk cafe or equivalent outdoor
seating/dining restaurant:
ill1l A policy and/or certificate of insurance and an
indemnification agreement that is acceptable to the
City Manager and that provides for compliance with
the City's insurance and indemnification
requirements. including:
(i) Commercial general liability insurance in the amount
of one million dollars ($1.000.000.00) per occurrence
for bodily injury and property damage;
Page 13 of 27 102
v/ith this Fe~l::IireFRent to sover liability
applisaele to ol::ltdoor seatingl-dining and/or
side'lJalk safes as elessrieed in tRis
oFEiinaFlse.
!ill For sidewalk cafes and other outdoor
seating/dining area that serve alcoholic
beverages, liquor liability insurance in the
amount of one million dollars
($1,000,000.00) per occurrence for bodily
injury and property damage. Tl=le City RU:JSt
be names as an additional iFlsl::lred OFl tl=lis
policy, and aFlendorsement ml::lstee issl::Ied
as part of tl=le polioy refiesting somplianse
't/itt:. tl=lis re~l::Iirement to sover liability
applisable to Ol::lkiOOF seatiFlg/dining and/or
side'.-lalk saMsas desoFieedin tl=lis
ordinance.
!illl Workers' compensation and employers'
liability as required by the state.
All policies must be issued by companies authorized
to do business in Florida and rated A-VIII or better per
Best's Key Rating Guide, latest edition. The City
Manager may increase these insurance requirements
provided such requirements are applied to all parties
similarly situated.
Proof of insurance shall be provided to the City as a
requirement of the permit. If such proof is a
nonbinding certificate, the applicant/permittee's
(ii) For sidewalk cafes and other outdoor seating/dining
area that serve alcoholic beverages, liquor liability
insurance in the amount of one million dollars
($1,000,000 .. 00) per occurrence for bodily injury and
property damage:
(iii) A Workers' compensation and employers' liability
policy as required by the state of Florida:
(iv) The City must be named as an .additional insured on
this policy. and an endorsement musf'beissued as
part.of the policY reflecting 'compliance with .this
requirement to cover liabili1y,applicable;,fo, outdoor
seating/diningand/or sidewalk caf~s 'as.described in
this paragraph (5);
(v) All policies must be issued by companies authorized
to do business in Florida and rated A-VIII or better per
Best's Key Rating Guide, latest edition. The City
Manager may increase these insurance requirements
provided such requirements are applied to all parties
similarly situated:
(vi) Proof of insurance must be provided to the City as a
reauirement of the permit. If such proof is a
Page 14 of 27 103
insurance agent or carrier shall annually advise the
City in writing, on a form acceptable to the City
Manager under penalty of perjury, of the insurance
coverage being provided, the term of the coverage
and verifying that the outdoor seating/dining area and
the City are covered by the required insurance. Such
affidavit/declaration shall include the policy number,
company name and company contact information and
the form numbers of the policy and all of the
endorsements to the policy. City administrative staff
shall contact the permittee's insurance company
periodically to verify the existence and continuance of
such insurance; however, this in no way relieves the
insurance agent of the agent's duty to provide truthful
information to the City. Unless the owner or operator
of the outdoor seating/dining area provides the City
with a binding certificate of insurance and an
endorsement to provide the City with at least ten (10)
days' advanced notice of intent to cancel the policy,
the owner or operator shall pay the City a fee of
twenty-five dollars ($25.00) each time the City
contacts the insurance company, to cover the cost to
verify existence of coverage. Failure to comply with
these requirements shall be deemed to be operating
without a valid permit and, upon a finding by the City
Manager that such failure has occurred, shall cause
an immediate suspension of the permit and the
assessment of a daily fine as set forth in the City's
Schedule of Fees and Fines until the permit is
revoked or the requirements are met. Applications for
permits shall include an indemnification of the City for
any and all liability associated with the permittee's
operation of the sidewalk cafe/outdoor seating and
dining area.
Page 15 of 27
nonbinding certificate, the applicant/permittee's
insurance agent or carrier must annually advise the
City in writing, on a form acceptable to the City
Manager under penalty of perjury, of the insurance
coverage being provided, the term of the coverage
and verifying that the outdoor seating/dining area and
the City are covered by the required insurance. Such
affidavit/declaration must include the policy number,
company name and company contact information and
the form numbers of the policy and all of the
endorsements to the policy. City administrative staff
may contact the permittee's insurance company
periodically to verify the existence and continuance of
such insurance: however, this in no way relieves the
insurance agent of the agent's duty to provide truthful
information to the City. Unless the owner or operator
of the outdoor seating/dining area provides the City
with a binding certificate of insurance and an
endorsement to provide the City with at least ten (10)
days' advanced notice of intent to cancel the policy,
the owner or operator must pay the City a fee each
time the City contacts the insurance company, to
cover the cost to verify existence of coverage. Failure
to comply with these requirements will be deemed to
be operating without a valid permit and, upon a
finding by the City Manager that such failure has
occurred, will cause an immediate suspension of the
permit and the assessment of a daily fine as set forth
in the City's schedule of fines until the permit is
revoked or the requirements are met. Applications for
permits must include an indemnification of the City for
any and all liability associated with the permittee's
operation of the sidewalk cafe/outdoor seating and
dining area.
104
20-3.3(E)(7) I HAVE TAKEN THIS PARAGRAPH (7) OUT OF
SEQUENCE TO SHOW YO U WHERE SOME OF ITS
LANGUAGE IS LO CATED IN 20-3.6(V)
(7) An outdoor seating/dining permit may be revoked or
suspended by the City Manager.
(a) Suspension. The City manager may suspend a
permit for 30 days upon a finding that one or more
conditions of these regulations ha ve been violated
or that the sidewalk cafe/outdoor seating and
dining area is bein fL operated in a manner that is
Inconsistent witli the approvea site plan on
constitutes a !*'9Iis nuisance, or in any waYi
constitutes a reasonable risk of injury to persons o n
ag r f:l .. .!Y .~ ...... """': provided the following conditions are met:
[THIS SECTION 20-3.3(E)(7) HAS BEEN MOVED
TO THE END OF THE NEW AMENDED 20-3.6(V).
See right-hand co lumn of this document for new
20 -3 .6(V)(7) otlier than for tlie language tliat i
is lighted in b ue which is included in the new 20-
6 V)(§)(h
(8) An outd oo r seating/dining permit may be temporarily
suspended by the City Manager for public
use /purpose , utility , sidewalk or road repairs ,
emergen cy situations, or vio lations of provisions
contained herein . The length of suspension shall be
determined by the City Manager as necessary .
Removal of all street furniture and relat ed obstructions
shall be the responsibility of the permittee as well as
the owner/operator of the outdoor seating/dining area .
[THIS SECTION 20-3.3(E)(8) HAS BEEN MOVED
TO THE END OF THE NEW AMENDED 20-
f9.l It is a v iolation of this paragraph (5) to operate the
sidewalk cafe/outdoor seating and dining area in
manner that is inconsistent with the approved site plan 0
constitutes a nuisance as defined in this Subsection 20-
3.6(V), or that in any way constitutes a unreasonable risk
of injury to persons or damage to property or potential
liability to the City .
NOTE THAT THE BLUE HIGHLIGHTING ABOVE
DENOTES THAT THIS LANGUAGE. IS FROM 20-
3.3(E)(7 ). SEE THE LEFT-HAND COLUMN FOR THE
EXISTING TE XT FOR EXC ERPTS FROM PARAGRAPH
(7). MOST OF PARAGRAPH (7) HAS BEEN
INCORPORATED AT TH E END OF THIS COLUMN.
SE E SECTION 20-3.6(V)(7)
Page 16 of 27 105
3.6(V)(5)(aa). See right-hand column of this
document for new 20-3.6(V)(5)(aa)
(9) An outdoor seating/dining permit may be temporarily
expanded by the City Manager upon receipt of a
written request including a site plan during special
events.
(10) An outdoor seating/dining permit area shall be kept in
a neat and orderly appearance and shall be kept free
from refuse and debris. The permittee shall be
responsible for daily cleaning and sweeping of the
sidewalk cafe area and for the cleanliness and
maintenance of any outdoor planters immediately
adjacent to the outdoor seating/dining area. Cleaning
shall include twice-monthly pressure cleaning or other
appropriate cleaning methods, as determined by the
City. Use of City sidewalks for trash and garbage
removal shall ee prohibited.
(11) A sidewalk cafe 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 casements, handicap
facilities, or access to any other public, residential or
commercial establishments. The width and location of
the sidewalk pedestrian passage through the sidewalk
cafe shall be as follows:
a) If there is seating on one side of the sidewalk, a
minimum of five (5) feet of sidewalk must remain
unobstructed by outdoor seating furniture and
the maneuvering of chairs, and clear for
pedestrian passage;
!bl @ An outdoor seating/dining permit may be temporarily
expanded by the City Manager upon receipt of a written
request including a site plan during special events.
ill
ill
f4m An outdoor seating/dining permit area must be kept
in a neat and orderly appearance and must be kept free
from refuse and debris. The permittee is responsible for
daily cleaning and sweeping of the sidewalk cafe area
and for the cleanliness and maintenance of any outdoor
planters immediately adjacent to the outdoor
seating/dining area. Cleaning includes twice-monthly
pressure cleaning or other appropriate cleaning
methods, as determined by the City. Use of City
sidewalks for trash and garbage removal is prohibited.
M A sidewalk cafe must 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 casements, handicap
facilities, or access to any other public, residential or
commercial establishments. The width and location of
the sidewalk pedestrian passage through the sidewalk
cafe must be as follows:
ill a}--If there is seating on one side of the
sidewalk, a minimum of five (5) feet of sidewalk
must remain unobstructed by outdoor seating
Page 17 of 27 106
b) If there is seating on two (2) sides of the
sidewalk, a minimum of five (5) feet of sidewalk
between the two (2) seating areas must remain
unobstructed by outdoor seating furniture and
the maneuvering of chairs, and clear for
pedestrian passage; .
c) All outdoor furniture, including but not limited to,
tables, chairs and umbrellas (excluding outdoor
planters), shall be located a minimum of
eighteen (18) inches from the curb.
(12) A sidewalk cafe on the public rights-of-way &RaIl be
open and unenclosed. No building structures of any
kind shall be allowed in and over any portion of the
outdoor seating/dining area located on public
property, except by prior express written authority of
the City Manager.
(13) 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
and, where applicable, shall have a minimum
clearance height of seven (7) feet above the sidewalk.
furniture and the maneuvering of chairs. and
clear for pedestrian passage;
!ill. tH-If there is seating on two (2) sides of the
sidewalk. a minimum of five (5) feet of sidewalk
between the two (2) seating areas must remain
unobstructed by outdoor seating furniture and
the maneuvering of chairs. and clear for
pedestrian passage;
(iii) m All outdoor furniture. including but not
limited to. tables. chairs and umbrellas
(excluding outdoor planters). must be located a
minimum of eighteen (18) inches from the curb.
ill f.4:¢i A sidewalk cafe on the public rights-of-way must be
open and unenclosed. No building structures of any kind
is allowed in or over any portion of the outdoor
seating/dining area located on public property. except by
prior express written authority of the City Manager.
.ill ~ Tables. chairs and all other furniture used in the
operation of an outdoor seating/dining area on the public
rights-of-way may 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 and. where applicable.
must have a minimum clearance height of seven (7) feet
above the sidewalk.
(14) (12)A sidewalk cafe must apply for and receive !ml f44.i A sidewalk cafe must apply for and receive
advanced written specific approval to provide advanced written specific approval to provide
amplified sound of any kind in the outdoor seating amplified sound of any kind in the outdoor seating
area. In the event the City Manager determines that area. In the event the City Manager determines that
the amplified sound constitutes a ............ :-nuisance, the the amolified sound constitutes nuisance as defined in
Page 18 of 27 107
City Manager shall impose additional conditions; in
the event of a second offense, the City Manager shall
revoke the approval authorizing the use of amplified
sound. Sound must be kept at a low volume so as to
not disturb neighboring businesses, residences, or to
be audible in neighboring residential districts. Plans
for amplified sound must be submitted with the site
plan. Each establishment must sign an agreement in
order to have amplified music.
(15) A sidewalk cafe on public rights-of-way shall Be
restricted to the length of the sidewalk or public right-
of-way immediately fronting the sidewalk cafe unless
expressly authorized in writing by the City Manager.
The utilization of space extending beyond the subject
property frontage onto the immediately adjacent
property may be authorized by the City Manager with
the express written approval of the adjacent storefront
owner; however, the seats and chairs in this location
may not block the adjacent storefront windows. This
expansion is subject to annual written consent
provided by the property owners in front of whose
properties the outdoor seating/dining service would
occur. The annual written consent form shall be
provided to the City and shall include an insurance
policy naming the City as an additional insured and a
hold harmless clause in favor of the City.
(16) A sidewalk cafe shall be at the same elevation as the
adjoining sidewalk or public right-of-way unless
expressly authorized in writing by the City Manager.
(17) Carts and trays for serving food are permitted in the
outdoor seating/dining area but must comply with the
provisions of Subsection 9(a) and (b).
this Subsection 20-3.6Nt the City Manager will impose
additional conditions; in the event of a second
offense. the City Manager will revoke the approval
authorizing the use of amplified sound. Sound must
be kept at a low volume so as to not disturb
neighboring businesses. residences. or to be audible in
neighboring residential districts. Plans for amplified
sound must be submitted with the site plan. Each
establishment must sign an agreement in order to have
amplified music.
!nl 00 A sidewalk cafe on public rights-of-way is
restricted to the length of the sidewalk or public right-of-
way immediately fronting the sidewalk cafe unless
expressly authorized in writing by the City Manager. The
utilization of space extending beyond the subject
property frontage onto the immediately adjacent
property may be authorized by the City Manager with
the express written approval of the adjacent storefront
owner; however. the seats and chairs in this location
may not block the adjacent storefront windows. This
expansion is subject to annual written consent provided
by the property owners in front of whose properties the
outdoor seating/dining service would occur. The annual
written consent form must be provided to the City and
must include an insurance policy naming the City as an
additional insured and a hold harmless clause in favor of
the City.
!Ql {48} A sidewalk cafe must be at the same elevation as
the adjoining sidewalk or public right-of-way unless
expressly authorized in writing by the City Manager.
!Ql £fA Carts and trays for serving food are permitted in the
outdoor seating/dining area but must comply with the
provisions of paragraph 9(a) and (b).
Page 19 of 27 108
(18) The maximum number of outdoor seats shall not
exceed eighty (80) percent of the number of indoor
seating, except for restaurants with indoor seating of
twenty-five (25) seats or less which may have outdoor
seats not to exceed one hundred (100) percent of the
number of indoor seats.
(19) During the operating hours all outdoor furniture must
be securely placed as shown on the approved site
plan or as may be ordered by the City Manager in
writing. After operating hours, outdoor furniture must
be neatly stacked to a maximum height of five (5) feet
without blocking the sidewalk. A City approved cover
may be required by the City Manager for chairs left
outside when stacked.
(20) No person, property owner, lessee or restaurant sRaJI
allow outdoor seating/dining on a public right-of-way
or any private property contiguous with a public right-
of-way without a permit. Each day that outdoor
seating/dining or similar activity occurs without a
permit or in violation of the site plan, shall constitute a
separate incident of violation and shall result in a fine
for each day of continued violation. The continuing
operation of a sidewalk cafe or any outdoor
seating/dining activity without a permit as required by
this ordinance after the receipt of a violation notice
from the City Manager may also result in the
revocation of the restaurant business tax receipt
pursuant to Section 13-16 of the City Code.
fgl f.4m The maximum number of outdoor seats may not
exceed eighty (80) percent of the number of indoor
seating. except for restaurants with indoor seating of
twenty-five (25) seats or less which may have outdoor
seats not to exceed one hundred (100) percent of the
number of indoor seats.
l!1 £.:I.E» During the operating hours all outdoor furniture must
be securely placed as shown on the approved site plan
or as may be ordered by the City Manager in writing.
After operating hours. outdoor furniture must be neatly
stacked to a maximum height of five (5) feet without
blocking the sidewalk. A City approved cover may be
required by the City Manager for chairs left outside when
stacked.
!§l f#'» No person. property owner. lessee or restaurant may
allow outdoor seating/dining on a public right-of-way or
any private property contiguous with a public right-of-way
without a permit. Each day that outdoor seating/dining or
similar activity occurs without a permit or in violation of the
site plan. constitutes a separate incident of violation and
results in a fine for each day of continued violation. The
continuing operation of a sidewalk cafe or any outdoor
seating/dining activity without a permit as required by this
ordinance after the receipt of a violation notice from the
City Manager may also result in the revocation of the
restaurant business tax receipt pursuant to Section 13-16
of the City Code.
(21) Any violation of the regulations and standards set ill @ Any violation of the regulations and standards set
forth in this sootion s~all constitute a separate forth in this paragraph (5) constitutes a separate violation
violation and shall result in a fine for each day of and will be fined for each day of continued violation in an
continued violation in an amount set forth in the City's amount set forth in the City's schedule of fines. A
Schedule of Fees and Fines. A subsequent violation subsequent violation of any of the regulations and
of any of the regulations and standards set forth in standards set forth in this paragraph (5) will be fined for
this sootion s~all Fes~lt in a fine for each day of such each dav of such continued violation as set forth in the
Page 20 of 27 109
continued violation as set forth in the City's Schedule
of Fees and Fines. The continuing operation of an
activity governed by this section without a permit or
with a suspended permit or after the receipt of a
violation notice from the City Manager and the failure
to timely cure the violation, may result in the
revocation of the business tax receipt of the person or
entity responsible, pursuant to Section 13-16 of the
City Code.
(22) The City shall issue twenty-four-hour warning notices
for all non-life safety violations of this section which
must be corrected with twenty-four (24) hours of
receipt of such notice.
(23) No warning notices shall be required prior to the
issuance of a violation for failure to have a permit or
for life safety violations and/or life safety or sidewalk
cafe site plan violations and such violations shall be
corrected immediately. Life safety violations are
defined as those conditions which, in the reasonable
determination and judgment of the City Manager,
involve serious danger and/or risk to the public health,
safety or welfare (including, without limitation,
blocking pedestrian pathways and violations of the
state accessibility code for building construction). Life
safety outdoor seating/dining site plan violations are
defined to include those instances where the
permittee is operating outside of the permitted
outdoor seating/dining use area (as approved
pursuant to this code) such as where sidewalk cafe
furniture is found outside the approved boundaries of
the outdoor seating/dining use site plan; but shall not
be deemed to include instances where a chair or
chairs are temporarily moved outside the approved
boundaries of site.plan by a sidewalk cafe patron(s)
unless it remains in such unauthorized location for
more than fifteen (15) minutes.
City's schedule of fines. The continuing operation of an
activity governed by this paragraph (5) without a permit
or with a suspended permit or after the receipt of a
violation notice from the City Manager and the failure to
timely cure the violation. may result in the revocation of
the business tax receipt of the person or entity
responsible. pursuant to Section 13-16 of the City Code.
M ~ The City will issue twenty-four-hour warning notices
for all non-life safety violations of this paragraph (5)
which must be corrected with twenty-four (24) hours of
receipt of such notice.
M ~ No warning notices are required prior to the
issuance of a violation for failure to have a permit or for
life safety violations and/or life safety or sidewalk cafe
site plan violations and such violations must be corrected
immediately. Life safety violations are defined as those
conditions which. in the reasonable determination and
judgment of the City Manager. involve serious danger
and/or risk to the public health. safety or welfare
(including. without limitation. blocking pedestrian
pathways and violations of the state accessibility code for
building construction). Life safety outdoor seating/dining
site plan violations are defined to include those instances
where the permittee is operating outside of the permitted
outdoor seating/dining use area (as approved pursuant
to this code) such as where sidewalk cafe furniture is
found outside the approved boundaries of the outdoor
seating/dining use site plan: but will not be deemed to
include instances where a chair or chairs are temporarily
moved outside the approved boundaries of site plan by a
sidewalk cafe patron(s) unless it remains in such
unauthorized location for more than fifteen (15) minutes.
Page 21 of 27 110
(24) If City personnel finds a violation of this ordinance
after a twenty-four-hour warning notice of such
violation as been previously issued, then a notice of
violation shall be issued to the violator. No such
warning notice is required for the failure to have a
valid permit or for life safety violations of this section
and for life safety outdoor seating/dining site plan
violations, and a violation may be issued at any time.
(25) The City Manager or designee may order all furniture,
including, but not limited to, seats, tables, and
planters to be removed in the event of a pending
storm, hurricane, or other declared emergency.
(26) Tables, chairs and other furniture on the sidewalk
may be removed by the City, and a reasonable fee
charged for labor, transportation, and storage as well
as a fine which shall be initially set at two hundred fifty
dollars ($250.00) and which shall be levied against
the person or entity who owns and/or controls such
furniture, should the responsible person or entity fail
to remove said items within thirty-six (36) hours of
receipt of the City's notice to do so for any reason
under this section. In the event of a pending storm,
hurricane or other declared emergency, the City
Manager may reduce the thirty-six (36) hour time
frame. The City Manager shall promulgate and
review, as needed, regulations regarding the storage
and disposition of sidewalk cafe furniture under this
s8otioR.
(w) ~ If City personnel finds a violation of this ordinance
after a twenty-four-hour warning notice of such violation
as been previously issued. then a notice of violation will
be issued to the violator. No such warning notice is
required for the failure to have a valid permit or for life
safety violations of this paragraph (5) and for life safety
outdoor seating/dining site plan violations. and a violation
may be issued at any time.
00 ~ The City Manager or designee may order all
furniture. including. but not limited to. seats. tables. and
planters to be removed in the event of a pending storm.
hurricane. or other declared emergency.
.M. ~ Tables. chairs and other furniture on the sidewalk
may be removed by the City. and a reasonable fee
charged for labor. transportation. and storage as well as
a fine which is initially set at two hundred fifty dollars
($250.00) and which will be levied against the person or
entity who owns and/or controls such furniture. should
the responsible person or entity fail to remove said items
within thirty-six (36) hours of receipt of the City's notice to
do so for any reason under this paratiraph}5t In the
event of a pending storm. hurricane or other declared
emergency. the City Manager may reduce the thirty-six
(36) hour time frame. The City Manager will promulgate
and review. as needed. regulations regarding the storage
and disposition of sidewalk cafe furniture under this
paragraph (5),
SEE SECTION 20-3.3(E)(8) ABOVE FOR THE SAME g} ~ An outdoor seating/dining permit may be
LANGUAGE AS IN THE RIGHT-HAND COLUMN temporarily suspended by the City Manager for public
ACROSS FROM HERE IN 20-3.6(V)(5)(aa) use/purpose. utility. sidewalk or road repairs. emergency
situations. The length of suspension will be determined
by the City Manager as necessary. Removal of all street
furniture and related obstructions is the responsibility of
the permittee as well as the owner/operator of the
outdoor seatina/dinina area.
Page 22 of 27 111
(F) Outdoor Seating/Dining Within the Downtown SoMi
(OS) Zoning District.
(1 )Outdoor seating and dining or a Sidewalk Cafe on
private property within the Downtown SoMi (~S) di.strict
is permitted upon approval of an outdoor seating site
plan filed with and subject to administrative approval by
the City Manager. The application for such
administrative site plan approval shall include a layout
(site plan) of the location of all tables, chairs (including
number and type of chairs), benches, and other
furniture; pedestrian ingress and egress; location of
refuse containers; location of approved outdoor
speakers; 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). If applicable, the site plan must
clearly indicate which tables, chairs, benches, and other
furniture are on private property versus within a public
. /d··." ,,,,i""'i~ .: .. -~-right-of-way. Outdoor seating Inin M .......... ~ ,,~ .. .....
(6) limiteel e#eoti'/e.aFea.
(a)The rights aREI privileges graRteEi ey th!s?FeliFlaRse .a~
a¥a'ilaele o.Rly to properties loaateel \ .... lthln.theZonlAg U~e
Distriots of SR, NR anEi TGOD MU5.
[NOTE: THEPARAGRAPHABOV~ IS FRO~ EXISTING.
SECTION 20-3.6(V)(6) and the proposal IS to delete this
language in entirely.]
(1;)/\ bYsin8ss establishment may oRly plase oYtEioor elisplays OR
pri'late property.
[NOTE: THIS IS FROM EXISTING SECTION 20-3.6(V)(6) and
the proposal is to relocate it to . SECTION 20-3.6(V)(10(k)
ABOVE WHERE ALL THE OTHER REGULATIONS
CONCERNING DISPLAYS ARE LOCATED..]
(6) {F} Outdoor Seating/Dining Within the Downtown SoMi (OS)
Zoning District.
(a) t41. Outdoor seating and dining or a Sidew~lk Cafe. on.
private property within the Downtown SoMI (OS) district
but that is not adjacent to a right otway is permitted
upon approval of an outdoor seating site plan fi~ed with
and subject to administrative approval by the City
Manager and the issuance ot a outdoor se~ti~g a~d
dining permit. The application for such administrative
site plan approval must include a layout (site plan) of
the location of all tables. chairs (including number and
type of chairs). benches. and other furniture: pedestrian
ingress and egress: location of refuse containers:
location of approved outdoor speakers: 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 accept~bl~
scale). If applicable. the site plan must clearly indicate
Page 23 of 27 112
~fe~erty shall Be administfatively a~~f9ved By the City which tabl es , chairs . benches , and other furniture are
Managef ~f9vided that them e xis ts suffi cie nt parking for on Qrivate QroQerlY versus within a Qublic right-of-way .
said use and that accessibili ty and li fe sa f ety standards AQQroval of outdoor seati ng /dining is subject to the
are met , as based on adopted ordinances and building exists suffi ci ent Qarking for sa id use and tha t
code s effecti ve within the C ity . acce ssibility and life safetv standards are me t, as
based on adoQted ordinances and building codes
effec tiv e w ithin the Citv . In addition , outdoor seating
and dining within the DS district must comQ ly with and
is governed by QaragraQh (5)(bHi) through (v ) and (vii)
and QaragraQh (5)(h ), (i) and (D .
(2)Outd oo r seating /dining net lecated wi thin ~fiva te (b) ~Outdoor seating /din i ng located within a Qublic right-
~f9~erty and te Be lo cated wi thin a p ubli c right-of-w ay of-way adjacent to or within th e DS dis tri ct is reguired
adjace nt to and w ithin th e DS dis t ric t shall Be s t,/9jecl to to comQly w ith the Qrovis ions of QaragraQh (5) of this
th e pro vis ions of Sec t io n 20-3.3(E), South M ia mi Land Subsection (V).
Developme nt Code.
NOTE THAT WHILE THE FOLLOWING PARAGRAPH (7)
IS NEW TO BOTH 20-3 .3(E) AND 20-3 .6(V), THERE ARE
20 -3.3(E)(7) SIMILARITIES WITH PORTIONS OF 20-3.3(E)(7) WHICH
THE FOLLOWING IS THE EXISTING LANGUAGE FROM 20-ARE DUPLICATED IN THE LEFT-HAND COLUMN AND
3.3(E)(7) THAT HAS BEEN TAKEN OUT OF ORDER TO HIGHLIGHTED IN BLUE IN BOTH COLUMNS.
SHOW YOU WHERE IT NOW EX IST IN THE AMENDMENT
TO 20 -3 .6(V)
7) An outd oor seating/dining perm it may oe revO KeO..Q.!i (7) A business license/Business Ta x Re ceiQt (BTR) or a Qermi ti sus pende o oy the City Man ager to oQerate outside of a structure may be revoked o ~
5usQended by the City Manager. ..
fill SusQension . The Citv Ma nager may susQend a Qermi t '(a) S uspens ion. Th e C ity manage r may su spend a,
ermi t f or 30 days upon a finding that one or more 6 r a BTR for uQ to 30 days uQon a finding that one o ~
conditions of these regulations have been violate ~ more of these Subsection (V) regulations have bee n
or that the sidew al k cafe /outdoor seating and violated or, i n the case of a sidewalk cafe (Cafe) o n
dining area is being operated in a manner that i ~ Outdoor Dining, the business is being oQerated in a
i ncons istent with the approved s ite plan ~~ fnanner that is inconsistent with the aQQroved site Qla il
constitutes a I*IaIis nuisance , or in any wa ~ b r constitutes a nuisance as defined in this Subsection
constitutes a .rn.aS.Q nable risk of injury to persons on 20-3 .6(V), or in any way constitutes an unreasonabl e
hsk of iniurv to persons or damaae to propertv a n
Page 24 of 27 113
tlamage to property or potential liability to the Ci ~
Rr . e t e ollowing contlitions are met.
lli the City Manager lias given tlie business ana
property owner a prior written Notic of Civi
Infraction of t 'olation Citation):
fill there is a subsequent violation tliat is tlie same
or substantially similar to and that occurs within
~ 2 months of the violation for which the fir
Notice of Civil Infraction (Citation)~~
iliil the manager gives the violator reasonable
)1otice of the suspension or termination hearing
liYlthe violator is given a reasonable oppoltunilY to
be heard and to cross examine witnesses ;
v The manager finds by competent substantia!
evidence that this Subsection was violate
,(Substantiated Violation)
Page 25 of 27
otential liabili to the Ci rovided the followin
conditions are met;
(i) The City Manager is authorized to set the period
of suspension but it must be established by the
City Manager as an administrative order that is
consistently enforced against businesses that are
similarly situated;
(i i) the City Manager has given tlie business and
property owner a courtesy Notice of Civillnfractio rl
(Citation) of the violation and a reasonable time to
correct the violation if the violation cannot be
immediately ceased;
(iii) A second violation of this Subsection (V);
(iv) The City Manager giv es the business and property
owner reasonable notice of the hearing by
personal service or in the same manner as set
forth in Chapter 48. Fla . Stat. for service of
process , or certified mail deliverv. or if the
business or property owner have been
communicating with the City by email . then
service may be by email to which the owner either
responds or in which the owner confirms receipt of
the email . no later than ten (10) days prior to the
date of the hearing;
(v) The business and property owner are given a
reasonable opportunity to be heard and to present
evidence and cross examine witnesses;
(vi) The manager finds by competent substantial
evidence that this Subsection (V) was violated
Substantiated Violation'
114
(vii) In lieu of a hearing held b~ the CilY Manager, the rYllln lieu of a tiearing held by the City Manage ~ CilY Manager ma~ s usl2end the l2erm it or BTR if the manager may suspend the permit if thj the owner of the I2rol2ertv and/or business owner owner of the property or business owner of the who conducts outside commercia l activit~ has outdoor seating/dining facility has been found t5 been found to have violated this Subsection (V) b~ have violated this Subsection (SUbstanllate~ the CilY 's Sl2ecial Magistrate (Substantiated
tviolation ) by the City 'S SpeCial Maglstrate~J Violation) in accordance with the I2rocedure set accordance with the procedure set forth i forth in Section 2-25 of the Citv 's Code of pection 2-25 of the City's Code of Ordinances Ordinances.
(b) Revocation . The City Manager may revoke th ~
ill Revocation . The CilY Manager ma~ revoke the BTR or permit if there . have been . three (3) or morE]
Substantiated Violations , within any 30-day pe!l2f! l2ermit after a hearing if there have been three (3) or more
of time ! violations of this Subsection (V) within an~ one 90-da~
l2eriod of time and
(i) The CilY Manager g ive s the business and
I2rol2ertv owner reasonable notice of the hearing
b~ l2ersonal service or in the same manner as
set forth in Chal2ter 48, Fla. Stat. for service of
I2rocess, or certified mail delive[l1 , or if the
business or I2rol2ertv owner have been
communicating with the Cit~ b~ email, then
service ma~ be b ~ e m a il to which t he owner
either resl20nds or in which the owner confirms
receil2t of the emai l, no later than ten (1 0) da~s
I2rior to the date of the hearing and an
Ol2l2ortunitv to show cause wh~ the BTR or
l2ermit shou ld not be revoked;
(ii ) The business and I2rol2ertv owner is given a
reasonab le Ol2l2ortunitv to I2resent ev idence and
cross e xamine witnesses .
.(c) Appeal. A aecision oy ttie City Manager to suspe~ [<j Al2l2eal. A decision b~ the Cit~ Manager to susl2end
(including a suspens ion due to a nOise vlolatlo (inciudinQ a su~ens i on due to a no ise vio lation_governed
Page 26 of 27 115
governed by this Subsection (E)) or revoke a perrnil
tor failure to comply with the one or more condition ~
or regulations may be appealed by the permittee t9
the City Commission pursuant to the appeal
procedure set forth in Section 13-105 of the City'~
Code of Ordinances. Notwithstanding anythin~
contained in Section 13-105, an appeal must be
filed with the City Clerk within thirty (30) days o~
receipt of written notice of the City Manager's
decision . An appea l of the City Manager's decisi~h~
does not stay the implementation of the Ci:'J
Manager's decision. The City Commission must
rea r and enter a decision within sixty (50) day~
Trom the date t he appeal is filed . The Ci ~
Manager's decision must be in writing and indicate
the grounds for his action and the provisions of th j
City's Code that have been vio lated , if any , and /or
the ~ nuisance or risk upon wh ich the de c,i§lQn
of the City Manager was pred icatecU
by this Subsection (V) or to revoke a BTR or permit for
failure to comply with these regulations may be appealed
by the property or business owner to the City Commission
pursuant to the appeal procedure set forth in Section 13-
105 of the City 's Code of Ordinances. Notwithstanding
anything contained in Section 13-105 to the contrary, an
appeal must be filed with the City Clerk within thirty (30)
days of receipt of w ritten notice of the City Manager's
decision. An appea l of the City Manager's decision stays
the implementation of the City Manager's decision unless
the activity in question clearly meets the definition of a
nuisance as defined in this Subsection 20-3 .5(V) The
City Commission must hear and enter a decision w ithin
s ixty (50) days from the date the appeal is filed . The City
Manager's decision must be in writing and indicate the
grounds f o r this action and the provisions of the City's
Code that ha ve been vio lated , if any, and/or the nuisan ce
that ex ists as defined in this Subsection 20 -35(V).
Pag e 27 of 27 116
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting Minutes Excerpt
Tuesday, July 13, 2021
CITY COMMISSION CHAMBERS
07:00 P.M.
The City of South Miami Code of Ordinances, Section BA-5, requires that all lobbyists, as defined in that section,
must register with the City Clerk before engaging in any lobbying activities and in most cases pay an annual fee of
$500.00 and an additional $100 for each additional issue. This applies to all persons who are retained with or
without compensation to influence any action, decision, recommendation of someone with the city, including the
city manager, city attorney, department heads, city personnel, or members of the city commission or members of
any city board, concerning a matter that could foreseeably be address by the city commission or a city
board. There are some exceptions and exemptions. The following are not considered to be lobbyist: a
representative of a principal at a quasi-judicial hearing, experts who present scientific or technical information at
public meetings, representatives of a neighborhood association without compensation and representatives of a
not-for-profit community based organization for the purpose of requesting a grant who seek to influence without
special compensation.
Individuals who wish to view or listen to the meeting in its entirety, audio and video versions of the
meeting can be found on the city's website (www.southmiamifl.gov).
I. Call to Order
Action: Ms. Bonich called the meeting to order at 7:02 P.M.
Mr. Pepe provided the Board and public with the rules for the meeting.
II. Roll Call
Board Members Present Constituting a Quorum: Ms. Lisa Bonich (Chairperson), Mr. Jay Miller (Vice-
Chairperson), Mr. Orlando Borges, Mr. Lee Jacobs, Mr. Subrata Basu, Ms. Michelle Readon, and Ms.
Guirla H. Dodard.
Board Members Absent: None
City Staff Present: Ms. Shari Kamali (City Manager), Ms. Jane Tompkins (Planning Director), and Mr.
Marcus Lightfoot (Senior Planner/Zoning Administrator).
City Staff Absent: None.
City Attorney: Mr. Thomas Pepe.
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117
III. Administrative Matters
1. Introduction of New Planning Board Member
Ms. Bonich introduced the Board to Ms. Michelle Readon and Ms. Guirla H. Dodard, the newly
appointed Planning Board members.
IV. Public Hearings:
1. PB-21-007
Applicant: The City of South Miami
An Ordinance amending the City of South Miami Land Development Code, Chapter 20, Sections
20-3.6 (V) and 20-3.3(E) and (F) to reorganize sections of the Code concerning outside activities
of businesses and to provide further regulation of business activity.
Applicant: The City of South Miami, represented by Ms. Jane Tompkins, AICP (Planning Director)
Mr. Pepe presented the item to the Board.
Ms. Bonich asked if this ordinance came about because of the ongoing issue with Stunna's Fit. Mr.
Pepe stated it wasn't born from it but because of the issue, he started to review the LDe.
Ms. Bonich then stated that the ordinance looks to mostly affect restaurants and shops, but it also
looks like Stunna's Fit was added as well. Mr. Pepe stated that because all businesses should be
treated equal with regards to noise, but the ordinance has nothing to do with them.
Mr. Borges asked if Stunna's Fit had a valid business license and if they are violating any of the
City's Codes. Mr. Pepe responded that because of ongoing litigation, he could not respond to Mr.
Borges' question.
Mr. Miller stated that the ordinance is giving all businesses the same avenue of hearing should
the City decide to cite them. Mr. Miller then stated that what makes the fitness businesses and
grocery stores stand out is the fact that the noise generated by bars and restaurants tends to
occur during the evening hours and that opinion is too narrow. There can be noise violations at
any point during the day and neighboring property owners are affected by it. By proposing the
ordinance, the City is giving the businesses a more defined way to appeal. Mr. Pepe stated that
the proposed changes do not discriminate against the myriad of businesses in the City.
Ms. Bonich asked if a business had a noise complaint, what were the steps for appealing it. Mr.
Pepe responded that previously, they would have followed the Code Enforcement section, Section
2-24 of the City's Code of Ordinances. Previously, the City Manager had the power to
suspend/revoke an outdoor seating permit and there was no procedure or due process set into
place. The draft ordinance corrects this issue and adds a due process procedure to the LDe. Ms.
Bonich then asked what would happen to businesses like Stunna's Fit before the draft ordinance
was introduced. Mr. Pepe responded that previously, the City Manager could also suspend/revoke
the business license or Business Tax Receipt (BTR) for a business as well without any due process
or procedure. Mr. Pepe then stated that the section of the Code regarding BTR's should be added
2
118
to the ordinance prior to review by the City Commission so that all situations where the City
Manager can suspend/revoke a permit or BTR is addressed.
Ms. Bonich asked about the number of BTR's that have been revoked, to which Mr. Pepe could
not provide the Board with an answer.
Ms. Dodard asked if the ordinance will introduce a process and protect businesses that produce
a certain amount of noise. Mr. Tompkins stated yes and added that the ordinance will set the
ground rules for the City Manager to follow.
Mr. Borges stated that he doesn't see how this ordinance protects the small businesses.
Mr. Borges asked if the owner of Stunna's Fit was suing the City, to which Mr. Pepe stated no. he
added that there is Code Enforcement action against the business. Mr. Borges then asked again if
they have a valid BTR and if they were violating any of the City's regulations, to which Mr. Pepe
stated yes.
The Chairperson opened the floor to public comments on PB-21-007 •
• None
The Chairperson closed the floor to public comments on PB-21-007.
With no further discussion, the Board made a motion on the item.
Motion: Mr. Borges moved to deny PB-21-007. The motion was seconded by Ms. Bonich.
The Board discussed the motion. After discussing the motion, Mr. Borges withdrew his motion to
deny PB-21-007.
Motion: Mr. Miller moved to approve PB-21-007. The motion was seconded by Mr. Basu.
The Board then discussed the new motion.
Mr. Basu stated that the ordinance was a good direction to go to but would like the City Attorney
to take a second look at it.
Mr. Miller then withdrew his motion to approve PB-21-007. Mr. Borges then made a new motion
for the Board to consider.
Motion: Mr. Borges moved to deny PB-21-007. The motion was seconded by Ms. Bonich.
Vote: Yes 5. No 2 (Miller. Basu)
Ms. Bonich: Yes
Ms. Dodard: Yes
Mr. Miller: No
Ms. Readon: Yes
Mr. Borges: Yes
3
119
Mr. Basu: No
Mr. Jacobs: Yes
The motion to deny PB-21-007 was approved by the Board.
V. Public Comments/New Business
The Chairperson opened the floor for public comments and any new business:
Public Comments Section
There were no Public Comments.
New Business Section
There was no business discussed.
The Chairperson closed the floor for public comments and any new business.
VI. Approval of the Minutes
1. Planning Board Regular Meeting Minutes of May 11, 2021:
Motion: Mr. Miller moved to approve the meeting minutes as presented. The motion was
seconded by Ms. Bonich.
Vote: Yes 5, No 0 (None)
Mr. Borges: Yes
Ms. Bonich: Yes
Mr. Miller: Yes
Mr. Basu: Yes
Mr. Jacobs: Yes
Ms. Dodard: Abstain
Ms. Readon: Abstain
The motion to approve the meeting minutes was unanimously approved by the Board.
VII. Future Meeting Date: August 10, 2021
---------------~--------------------------
VIII. Adjournment
The meeting was adjourned at 10:18 P.M.
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