2002-3387 Ordinance
ORDINANCE NO. 2002-3387
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
CHAPTER 82, "PUBLIC PROPERTY," ARTICLE IV, "USES
IN PUBLIC RIGHTS-OF-WAY," DIVISION 5, "SIDEWALK
CAFES," BY CREATING A NEW SECTION 82-384(ff),
ALLOWING LIMITED DISPLAYS OF FOOD SERVED AT
SIDEWALK CAFES ON PRIVATE PROPERTY ADJACENT
TO THE CAFE, PROVIDING FOR REVIEW AND DESIGN
CRITERIA OF DISPLAY CASES AND RELATED MATTERS;
AMENDING CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS," ARTICLE IV, "SUPPLEMENTARY
DISTRICT REGULATIONS," DIVISION 1 , "GENERALLY,"
SECTION 142-874, "REQUIRED ENCLOSURES," TO
PROVIDE FOR THE ABOVE DISPLAYS; AND SETTING THE
FEE FOR DESIGN AND HISTORIC PRESERVATION BOARD
REVIEW OF REQUESTS TO INCREASE THE SIZE OF
SIDEWALK CAFE DISPLAYS AT $200.00; PROVIDING FOR
REPEALER, CODIFICATION, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission has previously adopted regulations allowing
the permitting, where appropriate, of outdoor sidewalk cafes, and
WHEREAS, the City Commission has deemed it desirable to allow limited
displays of food in connection with sidewalk cafes; and
WHEREAS, this proposed ordinance accomplishes the purposes stated
above.
NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH:
SECTION 1: That Chapter 82, "Public Property," Article IV, "Uses in Public Rights-of-way,"
Division 5, "Sidewalk Cafes," is hereby amended by creating a new section 82-384(ff), as
follows:
(ff) A restaurant with a valjd sidewalk cafe permit mav place a limited sample of food
available at the restaurant on displav on private property in front of the restaurant. The
displav shall be subiect to review under sections 82-382(c) and 82-384(0), which includes
desiqn and historic preservation staff review and approval. The display mav be
refriqerated. in a case no oreater than five feet wide. bv four feet deep and five feet hiqh. or
a case of similar capacity. unless a larqer displav is approved by the Desiqn Review or
Historic Preservation Board, whichever by law has jurisdiction. Placement of the display
shall minimize connections necessary for plumbinq, electrical or other utilities. which shall
be installed accordinq to applicable code. No advertisinq or siqns may be placed on the
display. and no sales of food may be made from the display.
SECTION 2: That Chapter 142, "Zoning Districts And Regulations," Article IV,
"Supplementary District Regulations," Division 1, "Generally," Section 142-874, "Required
Enclosures," is hereby amended as follows:
Sec. 142-874. Required enclosures.
(a) Store enclosures. In all use districts designated in these land development
regulations, the sale, or exposure for sale or rent, of any personal property, including
merchandise, groceries or perishable foods, such as vegetables and fruits, is prohibited,
unless such sale, or exposure for sale, is made from a substantially enclosed, permanent
building or structure; provided, however, that nothing herein contained shall be deemed
applicable to filling stations, automobile service stations or repair shops; uses having
revocable permits or beach concessions operated or granted by the city, newsracks or
newspaper stands, or displays at sidewalk cafes as permitted in section 82-384(ff),
wherever such uses are otherwise permissible.
SECTION 3: Appendix A, Fee Schedule, of the Code of Ordinances, is hereby amended
to read:
Subpart A. General Ordinances
* * *
Chapter 82. Public Property
* * *
Section 82-384(ff) Application to Desiqn Review or Historic Preservation Board pertaininq
to the size of food display cases associated with sidewalk cafes and related restaurants.
200.00
SECTION 4. REPEALER.
All ordinances or parts of ordinances and all sections and parts of sections in
conflict herewith be and the same are hereby repealed.
SECTION 5. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the
provisions of this ordinance shall become and be made part of the Code of the City of
Miami Beach as amended; that the sections of this ordinance may be renumbered or
relettered to accomplish such intention; and that the word "ordinance" may be changed to
"section" or other appropriate word.
SECTION 6. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 7. EFFECTIVE DATE.
2
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this 11th day
MAYOR
ATTEST:
~rP~
CITY CLERK
(Ordinance No. 2002-3387)
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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Date
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CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that public hearings will be held by the MQOr inCs GitY'
Commission of the City of Miami Beach, Florida, In the Commission Cham.... 3Id llIiaI;
City Hall, 1700 Conventlon Center DrIve, Miami Beach, Florida, on WedllldJIY. hu!ut!;
11,2002, at \be limes 1Is1lld below, to consider the following on flrstriad/ng:, ",'
111'.301....: ", .'.' .
AN ORDINANCE AMENDING CHAPTER 82, "PU8L1C PROPERTY," ARTIClE 1v,..lISQ IN
PUBLIC RIGHTS-OF-WAY," DMSJON 5, "SIDEWALK CAFES," BY CREATING A NEW SECIlON
82'384(FFj, ALLOWING LIMITED DISPLAYS OF FOOD SERVED AT SIDEWAlK ~ ON
PRIVATE PROPERTY ADJACENT TO THE CAFE, PROVIDING FOR REVIEW AND DESIGN
CRITERIA OF DISPLAY CASES AND RELATED MATTERS; AMENDING CIlAPTER 142,
"ZONING DISTllICTSAND REGUlATIONS," ARTIClE IV, . >)
at2:30p.m.: . , .' ....\
AN ORDINANCE AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF
THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 118, ENTITLED"ADMNSTlIATlON'
AND REVIEW PROCEDURES", ARTIClE X, ENTfirLED "HISTORIC PRESERVATION., llMSlON
2, ENTITLED "HISTORIC PRESERVATION BOARD REVIEW OF PROJECTS", BY AMENDING'
SECTION 118-532 TO ClARIFY AND EXPAND PROCEDURES FOR THE MAINTENANCE Of
DESIGNATED PROPERTIES TO PREVENT DEMOLITION BY NEGLECT; PROVlDING'1'OIl
REPEALER, CODIFICATION, SEVERABIUTY AND AN EFFECTIVE DATE.
Inquiries may be directed to the Planning Department at (305) 673-7550.
ALL INTERESTED PARTIES are Invited to appear at this meeting, or be repntSenled by 111
agent, or to express their views In writlng addressed to the City Commission, c/o the f;ilIr
Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, florida 33139-
Copies of these ordinances are available for public inspection during normal bualnese
hours in the CIty Clerk's Office, 1700 Convention Center Drive, 1 st Floor, CIty Hall, MI8mI
Beach, Florida 33139, This meeting may be continued and under such clrcum8l8ncea
addttlonallegal noll~e would not be provided,
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Robert E. Parcher, CIty CIllI1I
City of Miami Beach
Pursuant to SeclIon 286,0105. Fla. Stat., the City hereby advises the public that " ..
person decides to appeal any deCIsion made by the City Commission with respect III iny
matter cOllsldered at its meeting or its hearing, such person must ensure that a W8It81Irit
record of the proceedings Is made, which record includes the testimony and evtdence
upon which the appeal is to be baaed; This notice does not constitute consent by the f;ilIr
for the introduction or admission of otherwise inadmissible or irrelevant evldellce, nor
does tt authorlza challenges or appeals not otherwise allowed by law,
In accordance with the Americans with Disabilities Act of 1990, persons ri8tldlng special
accommodation to participate In this proceeding should contact the CIty Clerk's olIfce no
-. Iaterthll!1 fou~'ll8ys~I.mtothe... P~IlIinI, 1e,lephonl'(305). 1673.-7411 ftlr.~.,. .:,~
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CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
m
Condensed Title:
An Ordinance Of The Mayor And City Commission Allowing Limited Displays Of Food Served At Sidewalk
Cafes On Private Property Adjacent To The CaUl.
Issue:
Should the City Commission approve the display of food served at sidewalk cafes?
Item Summary/Recommendation:
Approve the Ordinance after the second reading and public hearing.
Adviso Board Recommendation:
The Commission's Land Use and Development Committee considered the amendment on May 13, 2002.
On August 13, 2002, the Historic Preservation Board considered the amendment and recommended it for
approval subject to modifications reflected in the ordinance.
On September 24, 2002 the Planning Board considered the amendment and voted to recommend against
ado tion of the ordinance.
Financial Information:
Source of
Funds:
D
Finance Dept.
Ci Clerk's Office Le islatlve Trackin
Jorge G. Gomez, Planning Department
GULAR\Sidewalk cafe sum 12-11-02.doc
AGENDA ITEM
DATE
I?S"A
/J. ~/ /-orA
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.ci.miami-beach.fl.us
COMMISSION MEMORANDUM
From:
Mayor David Dermer and
City Commission
Jorge M. Gonzalez ~ ~
City Manager 0
Murray H. Dubbi~\~ ~
City Attorney 1'1<4\
Date: December 11, 2002
To:
SECOND READING
Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82, "PUBLIC
PROPERTY," ARTICLE IV, "USES IN PUBLIC RIGHTS-OF-WAY,"
DIVISION 5, "SIDEWALK CAFES," BY CREATING A NEW SECTION 82-
384(ff), ALLOWING LIMITED DISPLAYS OF FOOD SERVED AT
SIDEWALK CAFES ON PRIVATE PROPERTY ADJACENT TO THE CAFE,
PROVIDING FOR REVIEW AND DESIGN CRITERIA OF DISPLAY CASES
AND RELATED MATTERS; AMENDING CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS," ARTICLE IV, "SUPPLEMENTARY
DISTRICT REGULATIONS," DIVISION 1 , "GENERALLY," SECTION 142-
874, "REQUIRED ENCLOSURES," TO PROVIDE FOR THE ABOVE
DISPLAYS; AND SETTING THE FEE FOR DESIGN AND HISTORIC
PRESERVATION BOARD REVIEW OF REQUESTS TO INCREASE THE
SIZE OF SIDEWALK CAFE DISPLAYS AT $200.00; PROVIDING FOR
REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Approve the Ordinance after the second reading and public hearing.
ANALYSIS
In October, 2000 the City issued a Notice of Violation to South Beach Stone Crabs on
Lincoln Road for its placement of a refrigerated display case in front of its establishment for
the display of fresh stone crabs, without obtaining a Certificate of Appropriateness as
required by the Land Development Regulations. After the business failed to comply, in
January 2001, the City Attorney's Office filed a complaint in Miami-Dade County Circuit
Court to enjoin the business from maintaining the display case.
Following an Executive Session that the Commission held to discuss possible settlement of
this matter, the Commission directed the City Attorney's Office to work with the
Administration to prepare regulations that would resolve this matter, but at the same time
treat other restaurants similarly.
The subject display case is located within a small portion of the private property remaining
in front of the restaurant. The proposed regulation would allow restaurants with sidewalk
cafe permits that have available private property in front of their restaurants to place a food
display case on that private property, subject to certain size limitations and design criteria
and review.
The Commission's Land Use and Development Committee considered the amendment on
May 13, 2002. The City Commission on May 29,2002 referred the amendment to the
Historic Preservation Board and Planning Board for review and recommendation, and the
Commission at the time of the referral adopted a motion imposing the additional
requirement that no sale of food occur directly from the display case.
On August 13, 2002, the Historic Preservation Board considered the amendment and
recommended it for approval subject to the following changes: (1) all displays are subject
to staff level design and historic preservation review, (2) displays larger than four feet wide
and three feet deep shall require either Design Review Board or Historic Preservation
Board approval, and (3) the fee for Design Review Board or Historic Preservation Board
review shall be $200. These recommendations have been incorporated into the proposed
ordinance.
On September 24, 2002 the Planning Board considered the amendment and voted to
recommend against adoption of the ordinance. The Planning Board requested that a
proposal that considers the broader issue of store enclosures and the requirement that
merchandise be displayed from "substantially enclosed" structures be drafted in order to
clarify the ambiguous language that has led to an adverse court decision allowing counters
and displays in storefronts.
On first reading the Commission requested that the Administration investigate alternatives
to the dimensions specified in the ordinance for refrigerated display cases. The Planning
Department has concluded that the industry uses dimensions such as contained in the
ordinance. The Administration recommends adding flexibility to the dimensions, and has
included in the ordinance proposed language to accomplish this purpose.
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