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.
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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
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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
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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) ~
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(no)_
(no)_
(no)_
(no)_
(no)_