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R5M-Sidewalk Cafe Distance Separation RequirementsCOMMISSION ITEM SUMMARY Condensed Title: First Reading to consider an Ordinance Amendment to create new regulations for sidewalk cafes located within a 1 00' radius of a residential district. Key Intended Outcome Supported: Maintain strong growth management policies. Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of businesses rate the effort put forth by the City to regulate development is "about the right amount." Item Summa /Recommendation: FIRST READING The proposed Ordinance would create new regulations for sidewalk cafes located within a 100' radius of a residential district. The Administration recommends that the City Commission discuss and consider the proposed Ordinance at First Reading and schedule a Second Reading Public Hearing for February_, 2014 if there is consensus for approval. Advisory Board Recommendation: On October 29, 2013, the Planning Board recommended that the City Commission NOT approve the proposed legislation by a vote of 6 to 1 (Jack Johnson Opposed). Financial Information: Source of Funds: D 1 2 3 OBPI Total Financial Impact Summary: Amount Account In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long-term economic impact (at least 5 years) of this proposed legislative action, and determined that there will be no measurable impact on the City's budget. City Clerk's Office Legislative Tracking: Richard Lorber or Thomas Mooney Sign-Offs: J Department Director _Assista~ City Manager l City rpanager U(__~ ./ f T:\.A.GENDA\2014\January\Sidewalk Cafe Distance Requirements-SUM 1st Rea .docx MIAMI BEACH 551 AGENDA ITEM DATE RS"M I-I ~-I<{ MIAMI BEACH City of Miomi Beoch, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.m1omibeochfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Member FROM: Jimmy L. Morales, City Manager DATE: January 15, 2014 FIRST READING SUBJECT Sidewalk Cafe Distance Separat1 n Requirements AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 82, "PUBLIC PROPERTY," ARTICLE IV, "USES IN PUBLIC RIGHTS-OF-WAY," DIVISION 5, "SIDEWALK CAFES," SUBDIVISION II, "PERMIT", SECTION 82-385, "MINIMUM STANDARDS, CRITERIA, AND CONDITIONS FOR OPERATION OF SIDEWALK CAFES," TO CREATE A REQUIRED DISTANCE SEPARATION OF 100 FEET FROM RESIDENTIAL DISTRICTS AND BY MODIFYING THE OPERATIONAL REQUIREMENTS OF SIDEWALK CAFES; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission discuss and consider the Ordinance at First Reading and schedule a Second Reading Public Hearing for February/March_, 2014 if there is consensus for approval. BACKGROUND On July 18, 2012, at the request of former Commissioner Gongora, the Mayor and City Commission approved a referral to the Land Use and Development Committee (LUDC) for a discussion regarding resolutions from "Miami Beach United" (MBU). These resolutions centered on the issue of compatibility of certain uses in proximity to residential uses, as well as the need to create safeguards while still allowing for flexibility of development. On November 5, 2012, the LUDC discussed the MBU proposals and requested that staff further analyze them and bring back options and recommendations. On December 19, 2012, the Committee referred to the Planning Board an ordinance to prohibit hotels in the West Avenue and Palm View corridors. The LUDC referred the balance of the MBU items (Sidewalk Cafes, and Compatibility with Nearby Single-Family Residential Zones) to a special LUDC meeting. On February 21, 2013 the Land Use Committee referred the proposed Ordinance pertaining to Sidewalk Cafes to the Planning Board for consideration. 552 Commission Memorandum Ordinance -Sidewalk Cafe Distance Separation Requirements January 15, 2014 ANALYSIS Page 2 of 5 The proposed Ordinance pertains to sidewalk cafes in close proximity to residential neighborhoods and is intended to address problematic cafe uses that generate late night noise and disruption. The MBU resolution, which was the genesis for this legislation, recommended that the following regulations be imposed on proposed sidewalk cafes located within 200 feet of residential zoning districts: • The banning of outdoor speakers and music • Alcohol shall not be served unless accompanied by food • A Sft pedestrian path shall be observed at all times • Closing hours shall be 9:00pm on weekdays and 11:00 pm on weekends • Residents within the special cafe zone shall be notified of a pending permit within the zone and have the ability to offer comments on the proposed application Planning Department staff examined these issues through the use of existing licensing data for sidewalk cafes and maps of residential areas. Map analysis shows that a buffer of 200 feet from residential districts would subject almost all sidewalk cafes to the proposed restrictions; staff believed this was too broad. Staff suggested to the LUDC that additional regulations could be applied to proposed new sidewalk cafes which are 100 feet or less from nearby residential zones. Although this would not include the vast majority of cafes on Lincoln Road, it would capture those proposed cafes on the side streets adjacent to Lincoln Road, and other areas located close to residential uses. The LUDC also referred the item to the Planning Board with a recommendation that the hours of operation be limited to 12 midnight for weekdays, and 2:00AM for weekends. Another option proposed by staff was to impose a set of mandatory conditions on operations that would require Conditional Use approval from the Planning Board for any newly proposed sidewalk cafe located within 100 feet of a residential neighborhood. In this regard, applications can be reviewed on a case-by-case basis, with some areas potentially being exempted where such prohibition is not needed, and other areas controlled very strictly as conditions warrant. A similar ordinance currently requires the same review and approval for parking lots within 100 feet of a residential district or use, so the concept could be applied in the same way to sidewalk cafes. PLANNING BOARD REVIEW At the May 28, 2013 meeting, the Planning Board reviewed the proposed Ordinance, provided additional comments and recommendations, and continued the item to a date certain of August 27, 2013. On August 27, 2013 after limited discussion, the item was continued to a date certain of October 29, 2013. The following was discussed and presented at the August 27, 2013 meeting: • Staff clarified the 1 00 foot radius as being measured from the boundary of the residential zoning district to the designated area of the sidewalk cafe. The ordinance would apply to all sidewalk cafes within the buffer zone, regardless of alcohol service. It would not apply to outdoor seating located on private property, which is not governed by the sidewalk cafe ordinance (See attached boundary maps for North Beach and South Beach). • The proposed closing hours of any sidewalk cafe located within the 100 foot 553 Commission Memorandum Ordinance -Sidewalk Cafe Distance Separation Requirements January 15, 2014 Page 3 of 5 radius were changed to 11 :00 pm Sunday through Thursday, and 1 :00 am Friday and Saturday nights. • Staff also included a provision to allow existing sidewalk cafes, which may be nonconforming with respect to this ordinance, to maintain their current operation under an existing or renewed license, with no further extension of any nonconformity. Staff also recommended the following provisions under which any existing nonconforming sidewalk cafe license may be revoked or modified: 1) A nonconforming sidewalk cafe which remains idle or unused for a continuous period of six months shall not again be used except in conformity with these regulations. 2) Failure to comply with all of the m1mmum standards criteria and conditions for operation of sidewalk cafes outlined in this ordinance, as determined by The City Manager or his designee, may result in a revocation/modification of any non-conforming sidewalk cafe license. 3) Should there be three (3) valid complaints, (as determined by Code Compliance) about loud, excessive, unnecessary, or unusual noise, within any 6 month time period, any previously licensed nonconformities shall cease to exist, and a sidewalk cafe shall only be permitted to continue in conformity with these regulations. On October 29, 2013, the Planning Board discussed the proposed Ordinance again. At this meeting, staff provided a summary of meetings with various stakeholders in the matter, including MBU representatives and sidewalk cafe owners/operators. The purpose of these meetings was to further refine the proposed Ordinance. In this regard the following changes were incorporated into the Ordinance: 1) In consideration of the differing neighborhood characteristics throughout the City, the following areas were exempted from the Ordinance changes: a) Sidewalk cafes located within a CD-2 zoning district when the sidewalk cafe fronts solely on an MXE zoning district. (This refers to the CD-2 district between 73rd and 75th Street, and the CD-2 district along Washington Avenue between 61h Street and 16th Street). b) Sidewalk cafes located within an MXE, CD-2, CD-3, TC-1, or TC-2 zoning district when the sidewalk cafe fronts on Collins Avenue and is not facing an RM-1 or RM-2 zoning district. (This refers to the noted districts located on Collins Avenue between 651h Street and 72nd Street). Due to the specific nature of this area, which generally has higher ambient noise levels due to the high volume traffic along the two to three lanes of Collins Avenue, staff had recommend that these areas be excluded. 2) The hours of operation were changed to 12:00 Midnight, seven days a week; however the ability for an applicant to extend the hours of operation of a sidewalk cafe until 2:00 am through the Conditional Use process was reinstated. An added benefit of the Conditional Use review by the Board is that all property owners located within 375 feet of the sidewalk cafe would be notified through the public noticing process. 3) The provision to allow an existing sidewalk cafe, which may be noncoforming 554 Commission Memorandum Ordinance -Sidewalk Cafe Distance Separation Requirements January 15, 2014 Page 4 of 5 with respect to this ordinance, to maintain their current operation under an existing or renewed license, was retained as previously proposed. It was also noted that although the rear of properties along most of Alton Road between 61h Street and Dade Blvd. would be included in the buffer zone, no portion of the front of any property along Alton Road (where a sidewalk cafe is likely to be located) would be subject to the additional restrictions of this Ordinance revision as they are located outside of the 1 00 foot buffer zone. The Planning Board reviewed the proposed Ordinance again on October 29, 2013, and recommended that the City Commission NOT approve the proposed legislation by a vote of 6 to 1 (Jack Johnson Opposed). FISCAL IMPACT In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not expected to have any tangible fiscal impact. SUMMARY The proposed Ordinance amendment has undergone a great deal of scrutiny, as well as a number of revisions, since it was referred to the Planning Board almost a year ago. Notwithstanding the modifications made to the Ordinance, as well as the numerous meetings between MBU and sidewalk cafe operators, the Planning Board did not recommend moving the proposed Ordinance forward. The majority of the Planning Board, after much discussion, concluded that the proposed changes to the existing sidewalk cafe regulations were not warranted. Although Planning Department Staff was supportive of the proposed legislation at the Planning Board level, the Administration has some concerns with regard to the legislation moving forward, in light of the recommendation of the Planning Board. If the Commission should elect to move forward with the proposed Ordinance, the Administration would recommend that the ability for the requirements in the proposed Ordinance to be waived by the Planning Board as part of a Conditional Use Permit be waived and that the proposed hours of operation be modified to not extend past 1:00AM on the weekends and 11:00 PM on the weekdays. The Administration would further suggest that Section 82-385(v)(4) of the Planning Board transmitted version be deleted. This particular subsection pertains to the establishment of 'Nonconforming' cafes and would be very difficult to administer over time, as all sidewalk cafe licenses are renewed yearly. Moreover, as these particular cafe licenses are on public property, the City controls all facets of the renewal process. CONCLUSION The Administration recommends that the City Commission discuss and consider the Ordinance at First Reading and schedule a Second Reading Public Hearing for February, 2014 if there is consensus for approval. If the Commission elects to move forward with the proposed Ordinance, the Administration recommends the following changes: 555 Commission Memorandum Ordinance -Sidewalk Cafe Distance Separation Requirements January 15, 2014 waived by the Planning Board as part of a Conditional Use Permit. Page 5of 5 2. Modify the hours of operation to not extend past 1:00 AM on the weekends and 11 :00 PM on the weekdays. 3. Delete Section 82-385(v)(4) of the proposed Ordinance, pertaining to Nonconformances. JLM/JGG/RGL/TRM T:\AGENOA\2014\January\Sidewalk Cafe Distance Requirements-MEM 1st Read.docx 556 n Sidewalk cafe within 1OOft of residential zoning • Sidewalk cafe ~~~~·· Residental zoning D 1 00' buffer of residential zoning 0 Sidewalk cafe with· s·d rn 1OOft f J ewalk ca~ o residential . e zonrng • Residental . zonrng .,..-,---I 1 00' buff er of residential . zonrng SIDEWALK CAFE DISTANCE SEPARATION REQUIREMENTS ORDINANCE NO. _____ _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 82, "PUBLIC PROPERTY," ARTICLE IV, "USES IN PUBLIC RIGHTS-OF-WAY," DIVISION 5, "SIDEWALK CAFES," SUBDIVISION II, "PERMIT," SECTION 82-385, "MINIMUM STANDARDS, CRITERIA, AND CONDITIONS FOR OPERATION OF SIDEWALK CAFES," TO CREATE A REQUIRED DISTANCE SEPARATION OF 100 FEET FROM RESIDENTIAL DISTRICTS AND BY MODIFYING THE OPERATIONAL REQUIREMENTS OF SIDEWALK CAFES; PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission have deemed it in the public health, safety and welfare of the City to modify existing requirements, standards and procedures for the operation of sidewalk cafes; and WHEREAS, the Mayor and City Commission deem it appropriate to create distance separation requirements for sidewalk cafes within 100 feet of a residential district, in order to protect the health, safety and welfare in Miami Beach; and WHEREAS, the City of Miami Beach Planning Board has considered the ordinance on October 29, 2013 and voted 6-1 to NOT recommend approval of this proposed amendment to the Code; and WHEREAS, the amendments set forth below are necessary to accomplish all of the above objectives. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. SECTION 1. That Chapter 82, "Public Property," Article IV, "Uses in Public Rights-Of-Way," Division 5, "Sidewalk Cafes," Subdivision II, "Permit", Section 82-385, "Minimum Standards, Criteria, And Conditions For Operation Of Sidewalk Cafes," is hereby amended as follows: * * * Sec. 82-385. -Minimum standards, criteria, and conditions for operation of sidewalk cafes. (a) The permittee shall take any and all actions to assure that its use of the public right-of-way in no way interferes with patrons of other sidewalk cafes, or limits their free, unobstructed passage thereto. (b) Sidewalk cafes shall be located in such a manner that a distance of not less than five feet is maintained at all times as a clear and unobstructed five-foot pedestrian path around public amenities and areas such as, by way of example, fountains, landscaped areas (excluding city planters), and seating/shade structures. Notwithstanding the preceding, the city manager, in his reasonable judgment and discretion, and on a case-by-case basis, may approve and allow for a pedestrian path of less than five feet where an applicant/permittee's sidewalk cafe operation would be significantly impacted. In considering such cases, and in determining whether an applicant/permittee is "significantly impacted," the city manager may apply the criteria set forth 1 559 in subsections 82-384 (c)(1 )-(4). A five-foot pedestrian path shall also be required and established where the city manager, in his reasonable judgment and discretion, determines that the operation of a sidewalk cafe inhibits pedestrian access to an adjacent business establishment or adversely affects the visibility of an adjacent storefront. (c) No tables, chairs, umbrellas, or other sidewalk cafe furniture shall be permitted within ten feet of a bus bench and/or bus shelter. A distance of five feet shall be maintained from taxi stands, fire hydrants, bike racks, directory signage/kiosks, and/or other similar public street furniture and/or fixtures. (d) No tables, chairs, umbrellas or other sidewalk cafe furniture shall be permitted within five feet of an alley, pedestrian crosswalk, or corner curb cut. (e) The pedestrian path for Lincoln Road shall be a 12-foot clear path for emergency and maintenance vehicles. The exact location of the path on each block shall be determined by the city manager, in his reasonable judgment and discretion, and shall be incorporated into the sidewalk cafe site map of Lincoln Road. (f) No object shall be permitted around the perimeter of an area occupied by tables and chairs which would have the effect of forming a physical or visual barrier discouraging the free use of the tables and chairs by the public, or (in the case of Lincoln Road) which would have the effect of obstructing the pedestrian path or public access between the north and south sides of Lincoln Road. (g) The area covered by a sidewalk cafe permit, and the sidewalk and street immediately adjacent to it, shall be maintained in a clean, neat and orderly appearance at all times by the permittee. The area of the sidewalk, curb and gutter immediately adjacent to the sidewalk cafe shall be cleared of all debris during hours of operation, and again at the close of each business day, or as may otherwise be determined by the city manager. The permittee shall be responsible for pressure cleaning the floor surface on which the sidewalk cafe is located at the close of each business day. The city shall pressure wash the right-of-way from time to time in accordance with such schedule as shall be established in the reasonable judgment and discretion of the city manager. In establishing said schedule, the city manager shall use reasonable efforts to assure that the city's pressure cleaning of the public right-of-way occurs at such times as will cause the least disruption to sidewalk cafe operations. (h) Tables, chairs, umbrellas and any other sidewalk cafe furniture shall be maintained in a clean, attractive, and orderly appearance, and shall be maintained and kept in good repair at all times. (i) All sidewalk cafe furniture shall be of high quality, design, materials, and workmanship so as to ensure the safety and convenience of the public. U) Only the sidewalk cafe furniture specifically shown on the approved sidewalk cafe site plan shall be allowed in the permit area. (k) All tables, chairs, umbrellas, and any other sidewalk cafe furniture shall be readily removable, and shall not be physically attached, chained, or in any other manner affixed to any public structure, street furniture, signage, and/or other public fixture, or to a curb and/or public right-of-way. (I) The stacking or piling up of chairs shall be prohibited on the right-of-way. On Lincoln Road Mall, tables, chairs and closed-up umbrellas may only remain on the right-of-way (within the permit area) as long as they are placed in an orderly manner. Notwithstanding the foregoing, on Lincoln Road Mall tables, chairs and closed-up umbrellas may remain on the right-of-way as long as 80 percent of the restaurants on Lincoln Road Mall are open for lunch beginning at 11:00 a.m. The city will make this determination on two separate times during each permit year. The first determination shall be made on October 1, with the second determination being made on April 1 of each year. The phrase "open for lunch" shall be defined by the serving of meals to patrons during the lunch hour. If the city determines that less than 80 percent of the restaurants on Lincoln Road Mall are open for lunch on either October 1 or April 1 of a permit year, then the 2 560 following regulation shall apply to all restaurants on Lincoln Road Mall. Any and all other sidewalk cafe furniture including without limitation, rolling service stations, service carts and bussing stations, may only be maintained in the permit area during hours of operation provided however, that planters that cannot be readily removed may remain within the permit area subject to the provisions of subsection (s) hereof. On Lincoln Road Mall, rolling service stations, service carts, and bussing stations shall not be permitted to be placed within five feet of the walls, columns, or posts of the Lapidus structures, city planters, or in front of other storefronts and/or business establishments. Notwithstanding anything contained in this subsection (1), the city manager may require a permittee to store its tables, chairs and/or umbrellas off of the right- of-way if, in his reasonable judgment and discretion, the city manager determines that the sidewalk cafe permit area and immediately adjacent public right-of-way are not being adequately maintained in accordance with this division. (m) No storage of dishes, silverware or other similar sidewalk cafe equipment shall be allowed in the permit area, or in any other portion of the public right-of-way, or outside the structural confines of the building in which the restaurant is located, during non-business hours. (n) There shall be no live entertainment or speakers placed in the permit area unless expressly permitted as a special event. Conditions such as hours and days of operation and audio levels will be regulated by the city's special events office, and these may vary during the year. (o) One menu board and one specials board shall be permitted, per sidewalk cafe, for every 50 feet of frontage. (p) No food preparation, food storage, refrigeration apparatus or equipment, or fire apparatus or equipment, shall be allowed on the right-of-way. (q) No food displays shall be permitted on the public right-of-way. No advertising signs or business identification signs shall be permitted on the public right-of-way except that the restaurant name and/or its logo may be permitted on umbrellas but such logos and/or lettering may not exceed six inches in height. (r) Umbrellas shall be fire-retardant, pressure-treated or manufactured of fire-resistant material. No portion of an umbrella shall be less than six feet eight inches above the right-of-way. Two or more umbrellas may not be clipped, zipped or otherwise fastened together in order to form a tentlike structure. Clear plastics or other materials may not be fastened, rolled or otherwise be attached to umbrella edges in order to create an enclosure. (s) The city manager may permit the use of planters manufactured of terra-cotta or polymer materials, with the number and size to be reviewed at time of application. Placement of planters within sidewalk cafe areas shall be five feet apart or greater. It shall be the permittee's responsibility to immediately remove planters, upon written and/or verbal notice from the city manager, in case of emergency or other circumstances as provided in this division. Maximum size of planters shall not exceed the following: ( 1) Rectangular planters: 30 inches long, by 15 inches wide by 20 inches high. (2) Round planters: 24 inches diameter by 24 inches high. (3) Planters 20 inches or higher shall be on rollers or on rolling bases. (4) The combination of planters and plant height should not exceed a table height of 34 inches. Plants shall be properly maintained. Distressed plants shall be promptly replaced. Plant fertilizers which contain material that can stain the sidewalks shall not be allowed. Water drainage from any plants onto the sidewalk shall not be allowed. Potted plants shall have saucers or other suitable systems to retain seepage. (t} Permittees may make written request to the city manager to use city electricity for powering floor fans during the summer months. Summer months are defined as the period beginning on May 1, and ending on September 30. The city manager will make electrical outlets operable upon payment of a flat fee, which fee shall be determined, and may be adjusted from time to time, in the reasonable judgment and discretion of the city manager, for each of the calendar days during the summer months. City electrical outlets will be restricted to powering floor fans 3 561 only. Using the electrical outlets for powering lights, menu board lighting, and any other electrical device is strictly prohibited. Permittees violating this restriction will have the electrical boxes deactivated and forfeit any monies paid for electrical use. Fans must be UL approved for outdoor use. Extension cords are not allowed. (u) No permit shall be granted on Lincoln Road in an area designated in the sidewalk cafe site map as restricted for special and cultural events; provided however, that the city manager may approve temporary use of such area(s), on a case by case basis, and only for a defined, limited time. (v) For sidewalk cafes located within a 100 feet radius of a residential district (such radius shall be measured from the boundary of the residential zoning district to the designated area of the sidewalk cafe), the following shall apply, unless waived by the Planning Board as part of a Conditional Use Permit: however in no case shall the hours of operation extend past 2:00a.m.: (1) No outdoor speakers shall be permitted; (2) Alcoholic beverages shall only be permitted when served in conjunction with food service. (3) The hours of operation for sidewalk cafes shall not extend past 12:00 midnight. seven days a week. (4) Nonconforming sidewalk cafes. For existing sidewalk cafes which are nonconforming with respect to Section 82-385 (v), and which were licensed prior to 2013, the following shall apply: (a) Existing nonconformances shall not be further extended. (b) A nonconforming sidewalk cafe which remains idle or unused for a continuous period of six months. shall not again be used except in conformity with these regulations. (c) Failure to comply with all of the minimum standards criteria and conditions for operation of sidewalk cafes outlined in this ordinance. as determined by the City Manager or his designee. may result in a revocation/modification of any non-conforming sidewalk cafe license. (d) Should there be three (3) valid complaints. (as determined by Code Compliance) about loud, excessive, unnecessary, or unusual noise, within any 6 month time period, any previously licensed nonconformities shall cease to exist, and a sidewalk cafe shall only be permitted to continue in conformity with these regulations. (5) The following shall be exempt from the provisions of Section 82-385 (v)( 1-4) above: (a) Sidewalk cafes located within a C0-2 zoning district when the sidewalk cafe fronts solely on an MXE zoning district. (b) Sidewalk cafes located within an MXE, C0-2, CD-3, TC-1, or TC-2 zoning district when the sidewalk cafe fronts on Collins Avenue and is not facing an RM-1 or RM-2 zoning district. SECTION 2. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, 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, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the 4 562 remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED AND ADOPTED this __ day of _______ ,, 2014. MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION First Reading: January 15, 2014 Second Reading: February __ , 2014 Verified by:------------ Richard G. Lorber, AICP, LEED AP Acting Planning Director Underscore denotes new language 01/02/2014 dJJ&,(- ycity Attorney"f':;:/- T:\AGENDA\2014\January\Sidewalk Cafe Distance Requirements-ORD 1st Read.docx 5 563 Date THIS PAGE INTENTIONALLY LEFT BLANK 564