The URL can be used to link to this page

Home My WebLink AboutO-14154City of Miami ` Ordinance 14154 Legislation File Number: 10771 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 2/23/2023 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), SPECIFICALLY BY AMENDING ARTICLE 6, TITLED "SUPPLEMENTAL REGULATIONS", TO PROVIDE CLARIFICATION AND ADDITIONAL STANDARDS REGARDING OUTDOOR DINING AND OPEN AIR RETAIL; ALLOWING OUTDOOR DINING BY RIGHT IN CERTAIN CIRCUMSTANCES; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Mayor Francis X. Suarez, Commissioner Manolo Reyes WHEREAS, on October 22, 2009, Ordinance No. 13114 was adopted as the Zoning Ordinance of the City of Miami, Florida ("Miami 21 Code"); and WHEREAS, Article 6 of the Miami 21 Code currently provides that Outdoor Dining is permitted by Warrant; and WHEREAS, the Miami 21 Code does not provide any additional standards regarding Outdoor Dining; and WHEREAS, it is necessary to modify the Supplemental Regulations in Article 6 of the Miami 21 Code to establish additional guidance and standards for Outdoor Dining; and WHEREAS, it is appropriate to allow Outdoor Dining By Right in certain circumstances with certain standards within the Downtown Development Authority ("DDA") boundaries — rather than by process of Warrant; and WHEREAS, consideration has been given to the relationship of the proposed text amendment to the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan, the Miami 21 Code, and other City regulations; and WHEREAS, consideration has been given to the need and justification for the proposed text amendment, including changed or changing conditions that make the passage of the proposed text amendment necessary; and WHEREAS, the Planning, Zoning and Appeals Board (TZAB"), at its meeting on November 3, 2021, following an advertised public hearing, adopted Resolution No. PZAB-R- 21- 047 by a vote of seven to zero (7-0), Item No. PZAB. 1, recommending approval of the zoning text change as stated herein; and WHEREAS, the City Commission, after careful consideration of this matter, deems it in the best interest of the general welfare of the City and its residents to amend the Miami 21 Code as hereinafter set forth; City of Miami Page 1 of 4 File ID: 10771 (Revision: C) Printed On: 3/3/2023 File ID: 10771 Enactment Number: 14154 NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Article 6 of the Miami 21 Code is hereby amended in the following particulars:' "ARTICLE 6. SUPPLEMENTAL REGULATIONS 6.3 COMMERCIAL USES 6.3.2. Open Air Retail, Outdoor Dining, and Vending Carts OR QPeR o;r Retail 6.3.2.1 Open Air Retail Where permitted per Article 4, Table 3 and per conditions in Article 6, Table 13, Open Air Retail uses within open space, or partially open space including Plazas, Courtyards, Pedestrian Passages, and Roof Terraces may not count towards Floor Area and Floor Lot Ratio calculations if the retail elements, such as vending carts, kiosks, Retail Merchandising Units, or any other structures or furnishings, have wheels or are completely removable within twenty- four (24) hours. 6.3.2.2 Outdoor Dining Outdoor Dining may be allowed on private property within open space, or partially open space including Plazas, Courtyards, Pedestrian Passages, and Roof Terraces only when associated with a Food Service or Alcohol Service Establishment, as provided for in this Section. All tables, seating, furnishings, and other such associated material must be completely removable within twenty-four (24) hours. Outdoor Dining areas that contain up to fifty percent (50%) of the overall establishment's seatina caoacity. may not count towards Floor Area and Floor Lot Ratio calculations. Outdoor Dining areas containing seating in an amount greater than fifty percent (50%) of the overall establishment's seating capacity shall be counted toward Floor Area and Floor Lot Ratios and require parking per this Code, except within established Parking Trust Fund areas. Parking shall be calculated based on the total area occupied by the Outdoor Dining and according to the Miami 21 Code or applicable section of the City Code. Outdoor Dining is subject to all other provisions of City ordinances including but not limited to noise regulations per Chapter 36, alcohol regulations per Chapter 4, and Certificate of Use ' 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 an unchanged material. City of Miami Page 2 of 4 File ID: 10771 (Revision: C) Printed on: 3/3/2023 File ID: 10771 Enactment Number: 14154 regulations per Chapter 2 of the City Code, as amended. A Certificate of Use reflecting the Outdoor Dining use must be obtained. a. Outdoor Dining is permitted, By Right, subject to meeting all the following conditions: 1. The property requesting the Outdoor Dining is located within the Downtown Development Authority ("DDA") boundaries, as defined in Section 14-27 of the City Code. 2. The property requesting the Outdoor Dining does not abut T3-R, T3-L, T3-0, T4-R, T5-R, or T6-R parcels pursuant to the Miami 21 Zoning Atlas; 3. The Outdoor Dining is located on a property of no less than five thousand (5,000) square feet of lot area; 4. The Outdoor Dining is located wholly within the private property; 5. If the Outdoor Dining area is located between the Building and Frontage Line, a minimum five-foot wide clear pedestrian path must be maintained at all times. 5. The Outdoor Dining does not contain seating in an amount greater than 50% of the overall establishment's seating capacity. 6. The Outdoor Dining is not located on a Roof Terrace or above the first retail floor level. b. Outdoor Dining may be permitted by process of Warrant in the event that one (1) or more of the By Right conditions above are not met. 6.3.2.3 Vending Carts *„ Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of the Ordinance shall not be affected. Section 4. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Zoning Ordinance of the City of Miami, Florida, which provisions may be renumbered or relettered and that the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 5. In the event this Ordinance is challenged in court, this Ordinance will automatically be brought back to the City Commission to be repealed and revert back to the previous ordinance provisions. Section 6. This Ordinance shall become effective ten (10) days after final reading and adoption thereof.2 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become City of Miami Page 3 of 4 File ID: 10771 (Revision: C) Printed on: 3/3/2023 File ID: 10771 Enactment Number: 14154 APPROVED AS TO FORM AND CORRECTNESS: 1 i 4naindez, City Attor iey 2/28/2023 effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 4 of 4 File ID: 10771 (Revision: C) Printed on: 3/3/2023