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Home My WebLink AboutO-10854n J-91-138 1/30/91 ORDINANCE No. 1 0 O 5 4- AN ORDINANCE RELATING TO STREETS AND SIDEWALKS AND SIDEWALK CAFES; AMENDING SECTIONS 54-109, 54-110, 54-111, 54-112 AND 54-114 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY REDEFINING "CAFE ZONES"; PROVIDING AUTHORITY TO WAIVE SIDEWALK CAFE PERMIT FEE; CLARIFYING PERMIT APPLICATION FORM; ESTABLISHING CRITERIA FOR PERMIT APPLICATION REVIEW; AND CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission, after careful consideration of this matter, deems It advisable and In the best Interest of the general welfare of the City of Miami and Its inhabitants to amend the Code of the City of Miami, Florida, as amended, as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Sections 54-109, 54-110, 54-111, 54-112 and 54- 114 of the Code of the City of Miami, Florida, as amended, are hereby amended in the following particulars:1/ "CHAPTER 54 STREETS AND SIDEWALKS * * * ARTICLE VI. SIDEWALK CAFES * Sec. 54-109. Definitions. cafe zones means any public sidewalk area within the City of Miami that compiles with the requirements of Article VI of this Chapter. 1/ Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks Indicate omitted and unchanged material. All' figures are rounded to the nearest hundred dollars. 10854 West, amd the west, B'seayme Bay em the east, setith, , f 1 Northwest 4eth (7) Northwest 62md Street From 95 to Avenue, Northwest , Sec. 54-110. Reserved. Sec. 54-111. Permit Fee. The annual permit fee for establishing or maintaining a sidewalk cafe shall be twenty dollars ($20.00) per square foot of usable sidewalk area, as determined by -2- 10854 the department of public works. Said permit fee shall be walved by the Department of Public Works, upon the applicant's request, for any proposed sidewalk cafe, if said waiver request Is made before the sidewalk cafe permit is Issued, and the proposed sidewalk cafe site Is located In a _Community Development Target Area, as defined by the City of Miami Community Development Department Such waiver request shall require presentation of a form letter from the City of Miami's Community Development Department evidencing that the application site Is within a target area. The waiver period shall be slte-specific, transferable to a new operator at the same location, and shall run for one (1) consecutive 12 month period following the Initial permit approval for said location. Any transfer shall only be valid for the balance of the 12 months remaining. The permit fee shall be due and payable for all subsequent years of operation at such location Sec. 54-112. Permit Application. (a) Application for a permit to operate a sidewalk cafe shall be made at the department of public works In a form deemed appropriate by the director. Such application shall Include, but not be limited, to the following information: use For H11- Which la the SUbjeel: aF the applieatlem,- +4}(3) A copy of current liability Insurance; +&+(4) A drawing (minimum scale of one -forth (1/4) Inch equals one (1) foot showing the lay -out and dimensions of the existing sidewalk area and adjacent private property, proposed location size and number of tables, chairs, umbrellas, -3- 10854 0 locations of doorways, location of trees, parking meters, bus shelters, sidewalk benches, trash receptacles, and any other sidewalk obstruction either existing or proposed within the pedestrian area; and f6+(5)Photographs, drawings, or manufacturers' brochures fully describing the appearance of all proposed tables, chairs, umbrellas, or other objects related to the sidewalk cafe. (b) Applications shall be accompanied by a non- refundable application fee of one hundred fifty dollars ($150.00). the First year Permwlt Fee-,—s*ould tile be approyed. Sec. 54-114. Standards and Criteria for Application Review. The following standards and criteria shall be used in reviewing the drawing required in section 54-112(a) (6) . (4) : Section 2. All ordinances or parts of ordinances Insofar as they are Inconsistent or In conflict with provisions of this ordinance are hereby repealed. Section 3. If any section, part of this section, paragraph, clause, phrase or word of this Ordinance Is declared Invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. PASSED ON FIRST READING BY TITLE ONLY this 14--- th day of February , 1991. 5I0 10854 PASSED AND ADOPTED ON SECOND AND FINAL READING this 14th CITY CLERK SUBMITTED BY: 9 � !S PRIETO-PORTAR, Ph.D., P.E. DIR CTOR OF PUBLIC WORKS LEGAL REVIEW: loci Jugl- E. MAXWELL (51 EF ASSISTANT ZITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: JO GE FER ANDEZ CI Y ATTORNE LJH/M/db/gc/M768 -5- 10854 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM UM TO: Honorable Mayor and Members of DATE: the City Commission FILE FE9 4 1991 SUBJECT: First Reading of Ordinance Amending the City Code FROM - Sidewalk Cafes REFERENCES Cesar H. Odl C I ty Manager ENCLOSURES: Ordinance RECOMMENDATION: The Department of Public Works recommends adoption of an ordinance amending Chapter 54 of the Code of the City of Miami entitled "Streets and Sidewalks" by amending Article VI entitled "Sidewalk Cafes" to allow sidewalk cafes In any part of the city the requirements of Article VI are met and to est blpish land clarify the requirements of the application form, review process and permit fee. BACKGROUND: The sidewalk cafe concept, now allowed In certain business areas Of the City, has proven to be .businesses, enhancingthe successful In revitalizing Successful merchants Ofactithose generally those areasis Merchants and business leaders outside of the established "cafe zones" enjoyed by the citizens and and specifically S.W. 8 Street (Calle Ocho), desire to expand the limits of the "cafe zonese sol otherexpressed business a areas can enjoy the same benefits of the sidewalk cafes. In order to expand the limits of the "ca a zones" order amended. The Public Works Department recommends City side be cafes in any part of the City9 ewalk VI are met. Those requirements rInclude trestrictingeSidewalnts of krtics to the sidewalk areas adjacent to a validly licensed restaurantfor take-out food establishment, The Public Works Department also recommends simplifying the permit application by eliminating the requirement for co of a valid certificate of use for the building a COPY where the food establishment Is located and establishment of the authority to waive a permit fee. for the first year If the Cosed ommunity If Target Area prop The flexlocationt Is Within" a establishing the permit fee will allow the speclfi q granted eyed In areas (Allapattah, Coconut Grove, Downtown, Edlson/Little River, Little Havana, Model City-,er, revitalizing benefits that Sidewalk cafes canown and bring t toan I a the area. 10-854 S _1 MIAMI REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookle Williams, who on lath says that she Is the Vice President of Legal Advertising of the Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF MIl1MI Ordinance No. 10854 Inthe ............................... Court, was published In said newspaper In the Issues of March 26, 1991 Afflant further says that the said Miami Review Is a newspaper published at Miami In said Dade County, Florida, and that the said nowapsper has heretofore been continuously published In said Dade County, each day (except Saturday, Sunday and Legal Holidays) and Florida,as been entered as second class mail matter at the ppost officye in Miami in said !f' cationdof the afor a ttachd copof y of adveear rtisemenh alnd says that she has neither paid nor promised any or corporation any discount, rebate, commission the urpose of securing this advertisement for the aid newspaper. ' 4,11d �-- SWotrt 16d subscribed before me this �p0.11 PC1,94 r . 26.thday of . • r .. ......., A.D. 19.91. �r ......... f�«* Of * L "OFFICIAL NOTARY SEAL" CHERYL H, MARMER MY COMM. EXP, 4112/92 r OpMitAI Cy Clerk p CESAR H. ODIO City Manager •s v. P' Ogof�Q,FLOQ�� i 1 April 9, 1991 Mrs. Priscilla Domenech Court Operations Officer 1351 N.W. 12th Street, Rm 7-701 Miami, FL 33125 Dear Mrs. Smith: Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 10854 10855 Please acknowledge receipt of. same by affixing your signature to the enclosed copy of this letter and return it to this office for our files. Thank you. Very truly yours, MATTY HIRAI City Clerk BY: 0-La1.L4:P DEPUTY CITY CLERK RECEIVED BY: w DATE: MH:vg Enc. a/s OFFICE OF THE CITY CLERK/City Hall/35o0 Pan American Drive/P.O.Box 330708/Miami, Florida 33233-0708/(305) 579-6065