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To:Mayor Philip Levine Date: May 20,2015
Members of the City Commission
Jimmy Morales, City Manager
RaulAsuila, cityAttorney COMMISSION MEMORANDUM
Commissioner Jonah WolfsonFrom:
Subject:AN ORDINANCE OF THE MAYOR AND C]TY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82, ENTITLED "PUBLIC
PROPERTY," ARTICLE IV, ENTITLED "USES IN PUBLIC RIGHTS-OF-WAY,"
DIVISION 5, ENTITLED "SIDEWALK CAFES," SUBDIVISION 2, ENTITLED
"PERMIT," BY CREATING SECTION 82-389, ENTITLED "ADDITIONAL
MINIMUM STANDARDS, CRITERIA, AND CONDITIONS FOR OPERATION OF
SIDEWALK CAFES ON OCEAN DRIVE BETWEEN sTH STREET AND 15TH
STREET" TO PROVIDE MINIMUM STANDARDS FOR UMBRELLAS AND
AWNINGS, REQUIRE REGULAR MAINTENANCE OF UMBRELLAS, AND
PROVIDE PROHIBITIONS; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
lntroduction
The attached Ordinance is submitted for consideration by the Mayor and City
Commission. The ordinance modifies Chapter 82, at Article lV, Division 5, which regulates
Sidewalk Cafes. Section 82-389 was added to the code to reflect specific provisions relating to
utilization of umbrellas along the sidewalk cafes located on Ocean Drive between Sth Street and
1Sth Street (hereinafter Ocean Drive sidewalk cafes).
As you may be aware, there continues to exist the need for outdoor eating
establishments (sidewalk cafes) in certain areas of the city to provide a unique environment for
relaxation and food and/or beverage consumption. The existence of sidewalk cafes encourages
additional pedestrian traffic to these areas. However, due to the size of the sidewalks along
Ocean Drive, the presence of sidewalk cafes may impede the free and safe flow of pedestrian
traffic. As a result, there is a need for additional regulation and standards for the existence and
operation of sidewalk cafes along Ocean Drive between Sth Street and 15th Street, to facilitate
and ensure a safe environment in these areas, including regulations on umbrella installation and
use, particularly as the conditions on Ocean Drive deteriorated along the pedestrian pathway.
Currently there are large umbrellas attached to one another, which are then attached to awnings
projecting from the buildings, which results in a tunnel effect along the pedestrian pathway.
A majority of the buildings along Ocean Drive between Sth Street and 15th Street are
listed as contributing buildings within the Ocean Drive - Collins Avenue Local Historic District,
and the National Register of Historic Places Miami Beach Architectural District, the umbrellas
and awnings hide all the architectural beauty that is South Beach. Oversized umbrellas and
Agenda ttem RSB
Date S-Zdtf32
Sidewalk Cafe - Ocean Drive - Umbrellas
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May 20,2015
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awnings have the potential to block historically and aesthetically significant architectural
features.
ln order to protect the health, safety, welfare and tranquility of the community, has
established permit conditions and safety standards, including conditions and standards relating
to street furniture, for sidewalk cafes within the Ocean Drive sidewalk caf6 area, which are
necessary to protect and promote the general health, safety, and welfare of the residents of the
City. The draft ordinance is a second step by the City (the first step being the Mayor's
ordinance amendment as to the hours of alcohol consumption and sales at sidewalk cafes) to
protect the integrity of Ocean Drive.
Content of Ordinance:
The proposed supplemental regulations would provide the following requirements as it
relates to the use of umbrellas within the Ocean Drive sidewalk caf6 area:
(1) All umbrella canopies shall be supported by no more than one center post or one
cantilevered post.
(2) All umbrella canopies shall provide a minimum clearance of seven (7) feet in height as
measured from the sidewalk. The highest point of the umbrella canopy or frame shall not
exceed nine (9) feet in height as measured from the sidewalk.
(3) All umbrella canopies shall be installed parallel to the sidewalk. No canopy shall be
allowed to tilt or be installed on a bias. All open canopies shall remain in a horizontal
position, parallel to the sidewalk.
(4) All umbrella posts or frames shall be installed perpendicular to the sidewalk. No post
or frame may be allowed to tilt or be installed on a bias.
(5) When the canopy is closed the umbrella shall be removed from the sidewalk caf6 and
stored inside the permittee's restaurant, cafe, or bar.
All umbrella canopies shall be round or octagonal.
The umbrella canopy shall bear a circumference of no greater than 36 square feet.
(8) All umbrella bases shall be bolted down into the sidewalk, and the sidewalk cafe
permittee shall obtain a right-of-way revocable permit pursuant to chapter 82, article lll,
division 2 of this Code. The pole or frame shall be removable from the base.
(6)
(7)
(e)The minimum distance or spacing between umbrella canopies shall be two (2) feet.
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Sidewalk Cafe - Ocean Drive - Umbrellas
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.}i4ay 20,2075
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(10) Each sidewalk caf6 permit shall require a uniform color pattern for installed umbrellas
subject to planning staff approval. The umbrella canopy may consist of no more than two
colors. No umbrella canopies may contain fringes, scallops, or other ornamentation.
(11) The business name or logo may be placed on the umbrella, but may not exceed one
foot in height.
(12) All umbrella canopies shall be fire-retardant, pressure-treated or manufactured of fire-
resistant material.
(13) Rechargeable - battery operated lights facing the table may be installed on the post
or frame, within inside of canopy.
Advertising would be prohibited. Also prohibited would be the clipping, zipping, or fastening of
umbrellas together. No clear plastic or other material could be fastened to the umbrellas.
Further, no awnings or canopies other than those umbrellas specifically authorized in this new
ordinance, may be installed on or over a sidewalk cafe.
Fiscal lmpact: The City requires a sidewalk caf6 permit, and if the umbrella stands are to be
installed in the ROW permanently, a revocable right-of-way permit will be required. Each permit
has an associated fee, and as such there should not be any fiscal impact to the City from the
implementation of this Ordinance.
Recommendation
Approval of ordinance at first reading and schedule second reading, public hearing.
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SIDEWALK CAFE - OGEAN DRIVE . UMBRELLAS
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER
82, ENTITLED "PUBLIC PROPERTY," ARTICLE IV, ENTITLED
"usES lN PUBLIC RIGHTS-OF-WAY," DIVISION 5, ENTTTLED
"SIDEWALK CAFES," SUBDIVISION 2, ENTITLED ,,pERMlT,"
BY CREATING SECTION 82.389, ENTITLED "ADDITIONAL
MINIMUM STANDARDS, CRITERIA, AND CONDITIONS FOR
OPERATION OF SIDEWALK CAFES ON OCEAN DRIVE
BETWEEN sTH STREET AND 15', STREET,, To PRoVIDE
MINIMUM STANDARDS FOR UMBRELLAS AND AWNINGS,
REQUIRE REGULAR MAINTENANCE OF UMBRELLAS, AND
PROVIDE PROHIBITIONS; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, there continues to exist the need for outdoor eatlng establishments
(sidewalk cafes) in certain areas of the City to provide a unique environment for relaxation and
food and/or beverage consumption; and
WHEREAS, the existence of sidewalk cafes encourages additional pedestrian traffic to
these areas; and
WHEREAS, there is a need for additional regulation and standards for the existence and
operation of sidewalk cafes along Ocean Drive, between 5th Street and 1sth Street, to facilitate
and ensure a safe environment in these areas, including regulations on umbrella installation and
use; and
WHEREAS, since the inception of the Sidewalk Cafe Ordinance, the experience along
Ocean Drive has deteriorated along the pedestrian pathway; and
WHEREAS, currently there are large umbrellas attached to one another, which are then
attached to awnings projecting from the buildings; and
WHEREAS, this results in a tunnel effect along the pedestrian pathway; and
WHEREAS, a majority of the buildings along Ocean Drive between Sth Street and 1Sth
Street are listed as contributing buildings within the Ocean Drive - Collins Avenue Local Historic
District, and the National Register of Historic Places Miami Beach Architectural District, and the
umbrellas and awnings hide all the architectural beauty that is South Beach; and
WHEREAS, oversized umbrellas and awnings have the potential to block historically and
aesthetically significant architectural features; and
WHEREAS, the City, in order to protect the health, safety, welfare and tranquility of the
community, has established permit conditions and safety standards, including conditions and
standards relating to street furniture, for sidewalk cafes within the Ocean Drive sidewalk caf6
area, which are necessary to protect and promote the general health, safety, and welfare of the
residents of the City; and
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WHEREAS, the amendment set forth below is necessary to accomplish all of the above
objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CIry OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 82, Article lV, Division 5, Subdivision 2 is hereby amended as
follows:
CHAPTER 82
PUBLIC PROPERTY
ARTICLE IV. - USES IN PUBLIC RIGHTS.OF.WAY
***
DIVISION 5. . SIDEWALK CAFES
Subdivision ll. - Permit
(a) ln addition to the minimum standards, criteria, and conditions for operation of sideL
cafes codified in section 82-385 of this Code, which shall applv to all sidewalk cafes in- i
sidewalk cafes located on Ocean Drive between 5"' Street and 15"'Street (hereinafter Ocear:
Drive sidewalk cafes). ln the event of a conflict between this section and section 82-385
this Code, the more strinqent of the two provisions shall applv to Ocean Drive sidewalk cafe r
(b) Umbrellas.
fll All umbrella canopies shall be supported bv no more than one center post or
one cantilevered post.
All umbrella canopies shall provide a minimum clearance of seven (7) feet in
heiqht as measured from the sidewalk. The hiqhest point of the umbrella
canopv or frame shall not exceed nine (9) feet in heiqht as measured from the
sidewalk.
All umbrella canopies shall be installed parallel to the sidewalk. No canon:,
shall be allowed to tilt or be installed on a bias. All open canopies shall remarir
in a horizontal position, parallel to the sidewalk.
@
G)
36
tA All umbrella posts or frames shall be installed perpendicular to the side,"
No post or frame mav be allowed to tilt or be installed on a bias.
(!) When the canopv is closed the umbrella shall be removed from the sidew.iii.
caf6 and stored inside the permittee's restaurant, cafe, or bar.
(Q) All umbrella canopies shall be round or octaoonal.
A The umbrella canopv shall bear a circumference of no qreater than 36 square
feet.
(g) All umbrella bases shall be bolted down into the sidewalk, and the sidewalk
cafe permittee shall obtain a rioht-of-wav revocable permit pursuant to chapter
82, article lll, division 2 of this Code. The pole or frame shall be removable
from the base.
€) The minimum distance or spacino between umbrella canopies shall be two ,,.
feet.
fl_Q Each sidewalk caf6 permit shall require a uniform color pattern for installer
umbrellas subiect to planninq staff approval. The umbrella canopy mav consi::
of no more than two colors. No umbrella canopies mav contain frinr,
scallops. or other ornamentation.
fl! The business name or loqo mav be placed on the umbrella, but mav rr,
exceed one foot in heioht.
(12) All umbrella canopies shall be fire-retardant, pressure-treated or manufactured
of fire-resistant material.
(!O Recharqeable - batterv operated liqhts facinq the table mav be installed on the
post or frame. within inside of canopv.
Prohibitions.
fl) No advertisinq mav be placed or installed on umbrellas.
tA No umbrella canopv mav be clipped, zipped, or otheruvise fastened to another
umbrella. Clear plastic or other materials mav not be fastened, rolled or:
otheruvise be attached to umbrella edqes in order to create an enclosure.
(Q Candles, oas liqhtinq, or electric liqhtinq other than the liqhtinq authoriz '
pursuant to subsection (b)(12) shall not be installed on umbrellas.
g) No awninos or canopies other than those umbrellas specificallv authorized in
subsection (b) mav be installed on or over a sidewalk cafe.
37
Secs. g!-388 82-390-824'1 0. Reserved.
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
re-lettered 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 are hereby repealed.
SECTION 4. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shalltake effect ten days following adoption.
PASSED and ADOPTED this day of ,2015.
MAYOR
ATTEST:
CITY CLERK
APPROVED AS
FORM AND LANGUAGE
& FOR EXECUTION
TO
City Attorney Date
First Reading:
Second Reading:
Sponsor: Commissioner Jonah Wolfson
Underscore denotes new language
S+ike$reug+d e notes rem oved lan g u ag e
APPROVED AS TO
FORM & LANGUAGE
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