O-625-00 ORDINANCE NO. 625-00
AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES
VILLAGE, FLORIDA, AMENDING ZONING ORDINANCE NO. 270, BY
ADDING SECTION 226.5 DEFINING OPEN AIR CAFES,AND BY
ADDING A DIVISION,TO BE NUMBERED 19, "OPEN AIR CAFES",
ALLOWING FOR OPEN AIR CAFES ON PUBLIC PROPERTY,
AND/OR PRIVATE PROPERTY, AS AN ACCESSORY,
"CONDITIONAL SPECIAL USE"TO A RESTAURANT,PERMITTED
USE IN B-1 DISTRICTS, PROVIDING FOR STANDARDS THAT MUST
BE MET AS PART OF THE PERMITTING PROCESS, PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Village has been approached by business owners requesting that open air
cafes be considered as a permitted use within the established B-1 business district in Miami Shores
Village; and
WHEREAS,the Village's regulations presently do not provide for open air cafe dining; and,
WHEREAS, strict standards will ensure that open air cafe dining in the B-1 zoning district
will be compatible with the surrounding community and provide adequate sidewalk space for the flow
of pedestrian traffic; and
WHEREAS,the Village Council of Miami Shores Village has deemed it to be in the best
interests of the citizens and residents to amend the Miami Shores Village Zoning Ordinance No. 270,
to provide for open air cafe dining as a conditional special use accessory to a restaurant in the B-1
District, subject to standards as set forth below,
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF MIAMI
SHORES VILLAGE, FLORIDA;
SECTION 1. That the Code of Ordinances of Miami Shores Village, Zoning Ordinance
No. 270, is hereby amended,by the addition of Section 226.5 to define open air cafes, which said
Section reads as follows:
An open-air cafe is an outdoor dining area located on a public sidewalk or right-of-way, or on
private property, adjacent to and a part of a conventional, established restaurant;providing
tables, chairs or benches,where patrons may consume food and beverages provided by the
restaurant.
SECTION 2. That the Code of Ordinances of Miami Shores Village,Zoning Ordinance
No. 270, is hereby amended,by the addition of Article V, Division 19 and Section 541 to be known as
Open Air Cafes, Open Air Cafe Regulations respectively,which said Section reads as follows:
1) An applicant for an open air cafd in conjunction with a restaurant, and in accordance with the
terms of this Ordinance, shall be referred to the Planning Board which shall transmit to the
Village Council a report and recommendation as to the disposition thereof. Thereafter,upon
consideration of the Planning Board's report and recommendation,the Village Council may
accept, modify or reject such recommendation, and may approve such open-air Cafd in
conjunction with a restaurant as a conditional special use accessory to a restaurant in the B-1
Zoning District, subject to all Code requirements and subject to the additional conditions and
restrictions contained in this Ordinance.
2) Each application for such use shall be filed on the appropriate application form with the
Planning&Zoning Department and be submitted to the Village Council for review. Such
application shall include a site plan delineating the floor plan of the existing restaurant, and
the proposed open air cafd, including tables, chairs and restrooms. The site plan shall also
show the existing parking, any existing landscaping,proposed lighting, layout of all tables,
chairs, benches, and other furniture, and pedestrian ingress and egress. An open air cafd
located on sidewalks must remain at the elevation of the existing sidewalk.
3) Each application filed seeking to obtain approval for an open air cafd shall, in the case of a
lease or sublease,be accompanied by a written statement from the landlord and owner of the
underlying property, consenting to the use of the real property as an open air cafd.
4) An annual administrative fee of$250.00 will be charged for the issuance of an open air cafd
"conditional special use"permit in addition to the Occupational License Tax charged by the
Village. The open air cafd permit expires annually and creates no vested rights to renewal and
is not transferrable, or portable.
5) The operation of the open air cafd shall not interfere with pedestrian or vehicular traffic on the
adjoining streets, alleys or sidewalks. The open air cafd shall not obstruct public access to any
crosswalks,public seating areas,transit stops, service easements, handicap facilities or access
to adjacent commercial establishments.
6) An open air cafd shall not occupy an area of more than 30%of the total area of the primary
restaurant operation appurtenant thereto.
7) Open air cafd areas shall not be permitted facing a residential zoning district.
8) Open air cafd areas shall be restricted to the length of the sidewalk or public right of way
immediately fronting the established restaurant. The space for such use shall not extend
beyond the plane of the interior wall which is perpendicular to the front or rear wall closest to
such use. All open air cafd areas shall be set-back from any right-of-way landscaping or paved
roadway by no less than five (5)feet.
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9) All kitchen and/or beverage service equipment used to service the open air cafe area shall be
located within the kitchen of the primary restaurant appurtenant thereto. The service of
patrons of the open air cafe shall be at tables only and no counter service, self service or pass
through window shall be permitted.
10) The owner/operator of the open air cafe shall be responsible for maintaining the establishment
in a clean and safe condition at all times. After the close of business, all outdoor items and
tables and chairs shall be removed from the premises. Open air cafe garbage shall be placed
with the established restaurant's garbage.
11) Notwithstanding any other provisions of the Code,no additional fixed signage shall be
allowed for the open air cafe. For the purpose of displaying the menu items,temporary menu
boards on stanchions with removable letters may be located outside during operating hours
provided that they are relocated within the restaurant at the close of business daily.
12) No outdoor speaker, stereo system, live bands, or outdoor entertainment shall be allowed for
open air cafes.
13) The open air cafe hours of operation shall be no greater than those of the principal restaurant
appurtenant thereto.
14) Parking requirements shall be calculated as for restaurants,however the first 100 square feet
of the open air cafe is exempt from providing additional spaces.
15) Awnings shall be allowed provided that they are totally supported by the building and a 7'
height clearance is maintained. Individual table umbrellas shall not extend outside of the set
back requirement as set forth above and must also maintain a 7'height clearance. Approval of
awning/umbrella color selection shall be required as part of the special approval process.
16) There shall be no permanent fencing,railings,plantings or other barriers installed or erected to
delineate the open air cafe. The sidewalk right-of-way shall not be drilled or altered to
accommodate poles,posts, or similar type items.
17) The owner/operator of every open air cafe, as a precondition of such use, shall provide the
Village with a hold harmless agreement indemnifying the Village from any claims for
damages to property or injury to persons relating to such open air cafes, in a form reasonably
acceptable to the Village Attorney.
18) The owner/operator of every open air cafe, as a precondition of such use, shall furnish the
Village proof of applicable insurance coverage(s) in an amount no less than one million
dollars ($1,000,000) each, for bodily injury and property damage per occurrence. Such
insurance shall include the provision that the policy shall not be terminated or cancelled prior
to the expiration of the annual open air cafe permit,without thirty(30) days written notice to
the Miami Shores Village Manager. Said insurance policies shall name Miami Shores Village
as an additional insured. Lapse or absence of said insurance shall be grounds for revocation of
the open air cafe permit.
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19) In approving an open air caf6,the Village Council may prescribe appropriate conditions and
safeguards in conformity with the provisions of the Code. Violations of such conditions and
safeguards or of the provisions of this section,when made a part of the terms under which the
open air cafe is approved, shall be deemed grounds for revocation of the conditional special
use, and punishable as a violation of the Code.
SECTION 3. It is the intention of the Village Council, and it is hereby ordained,that the
provisions of this Ordinance shall become and be made a part of the Code of Ordinances of Miami
Shores Village,Florida, and that the Sections of this Ordinance may be renumbered, relettered, and
the word"Ordinance"may be changed to "Section", "Article" or such other word or phrase in order
to accomplish such intention.
SECTION 4. The provisions of this Ordinance being inseparable, in the event any part
of this Ordinance is found to be invalid,then all of the provisions of this Ordinance shall be void, and,
in such event, open air cafes shall be deemed to be a prohibited use in all Zoning Districts of Miami
Shores Village, Florida, as was the case prior to enactment of this Ordinance.
SECTION 5. All Ordinances or parts of Ordinances in conflict herewith are hereby modified
or repealed solely to the extent of such conflict.
SECTION 6. This Ordinance shall become effective immediately upon its passage and
adoption following the second and final reading.
PASSED ON FIRST READING,this 5' day of September ,2000.
PASSED AND ADOPTED ON SECOND READING,this 19' day of September.2000.
Mark S. Ulmer,Mayor
ATTEST:
/—&&g
Barbara A. Fugazzi, M
Village Clerk
APPROVED AS TO FORM:
chard Sarafan
Village Attorney
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