Loading...
HomeMy WebLinkAboutOrdinance 98-56 ORDINANCE NO. 98- 5 ~ AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 33-13 TO DELETE ANY REFERENCE TO OUTDOOR PATIO AND TABLE SERVICE IN CONNECTION WITH RESTAURANT AND PROVIDING INSTEAD AN AMENDMENT TO THE CODE OF ORDINANCES OF THE CITY TO PROVIDE FOR A NEW SECTION ENTITLED OPEN-AIR CAFE; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS OF THE MIAMI- DADE COUNTY CODE; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. WHEREAS, Section 8.3 of the Charter of the City of Sunny Isles Beach has adopted the Zoning Code of Miami-Dade County, in effect on June 16, 1997, as the regulating Code of the City; and WHEREAS, the Building, Planning and Zoning Department and this City Commission desire to eliminate outdoor cafes as an unusual use and finds that it is in the public interest to amend the code to allow for open-air cafes as an accessory use to existing restaurants; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Section 33-13 entitled "Unusual Uses" of the Miami-Dade County Code is hereby amended to delete any references "outdoor patios and table service in connection with a restaurant and instead the Code ofthe City of Sunny Isles Beach, Florida shall include a new section which shall read as follows: Sec. 1. Open-Air Cafe in Conlunction with a Restaurant (or Food Establishment). An open-air cafe in conjunction with a restaurant or food establishment shall be as an accessory use to a restaurant or food establishment in a Business District (BU-l, BU-IA, BU-2, BU-3) and shall comply with all code requirements and shall be subject to the following additional conditions and restrictions: a. A site plan, drawn to scale, which shall have been approved by the Building, Planning and Zoning Department staff shall be submitted and approved by the Director of the Department. Such plan shall include the floor plan of the existing restaurant, including tables, chairs and restrooms, and the proposed open-air cafe. The plan shall also show the existing parking, any proposed landscaping, location of refuse containers, proposed lighting, layout of all tables, chairs, benches, and other furniture, and pedestrian ingress and egress. An open-air cafe located on sidewalks must remain at the elevation of the existing sidewalk. Parking requirements of Section 33-124 of the code of Miami-Dade shall still apply. All provisions Outdoor Cafe Ord. -1- Outdoor Cafe Ord, ofthe South Florida Building Code with respect to handicapped accessibility and restroom fixtures shall apply. b. The operation of such open-air cafe shall not be conducted in such a way as to become a public nuisance and that the operation of such business shall not interfere with the circulation of pedestrian or vehicular traffic on the adjoining streets, alleys or sidewalks. A minimum space offorty inches (44") shall be allowed for pedestrian circulation. The space for such use shall not extend beyond the interior wall which is perpendicular to the front or rear wall. c. The service of patrons ofthe open-air cafe shall be at tables only and no counter service, self-service or pass through window shall be permitted. d, The open-air cafe shall not occupy an area of more than thirty percent (30%) of the total area of the primary restaurant operation. e. The open-air cafe shall be unenclosed and shall be open except that it may be covered with a canvas cover or structural canopy of a building's arcade, loggia or overhang as may be permitted by the code. In the event such covering or canopy is utilized, the permitting requirements of ~301.1, South Florida Building Code shall apply. f. All kitchen equipment used to service the open-air cafe shall be located within the kitchen of the primary restaurant. g. The open-air cafe shall be kept in a neat and orderly appearance and shall be kept free from refuse and debris. After the close of business, all tables and chairs shall be removed from. the premises unless they are properly secured. h. No additional signage shall be permitted in the open-air cafe area. i. No outdoor speaker, stereo system, live bands, or outdoor entertainment shall be allowed. j, An initial application. fee shall. be charged in accordance with the adopted fee schedule prescribed by code. k. In reviewing any site plan open-air cafe, the Department may prescribe appropriate conditions and safeguards in conformity with the provisions of the code. Violations of such conditions and safeguards, when made a part of the ten-ns under which the open-air cafe is approved, shall be deemed grounds for revocation ofthe accessory use and punishable as a violation of the code. 1. Seating and tables employed for an open air cafe shall comply with -2- accessibility standards of 99553.501-553.513, Florida Statutes (1997). Section 2. Repeal of Conflicting Provisions. Any sections ofthe Zoning Code of Miami-Dade County, as made applicable to the City pursuant to Section 8.3 of the Charter, in conflict with the provisions of this ordinance are hereby repealed. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of the Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Codification. It is the intention of the City Commission, and it is hereby ordained that the provisions ofthis Ordinance shall become and made a part ofthe City of Sunny Isles Beach Code. Sections of this Ordinance may be renumbered or re-lettered to accomplish such intentions and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. This Ordinance shall be effective within ten. (10) days after adoption on second reading. PASSED AND ADOPTED on first reading the 12th day of November, 1998. PASSED AND ADOPTED on second reading this \":\-~ day of l)uo .~ , 1998. ATTEST: rtCftL-i~~~ Rl'chard'Brown-Morilla, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Motion by: "i~ u.u:tsl~ Second by:~ ~ UQ. , .A r Outdoor Cafe Ord, -3- VOTE: 5-0 Mayor David Samson Vice Mayor Irving Turetsky Commissioner Lila Kauffman Commissioner Daniel Iglesias Commissioner Connie Morrow (yes) ./ (yes) ~ (yes) -V (yes) --;7 (yes) ~ Outdoor Cafe Ord. -4- (no)_ (no)_ (no)_ (no)_ (no)_