HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
File ID: 14154
Title: 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.
APPLICANT(S): Arthur Noriega V, City Manager on behalf of City of Miami
PURPOSE: This legislation clarifies regulations regarding outdoor dining. This will allow
outdoor dining by -right in particular areas of the city and under stipulated conditions.
Outdoor dining may be permitted by Warrant in other circumstances.
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PLANNING, ZONING AND APPEALS BOARD: On November 3, 2021, recommended
approval, by a vote of 7-0.
City of Miami File ID: 10771 (Revision: C) Printed On: 3/3/2023
City of Miami City Hall
Legislation 3500 Pan Ameican Drive
Miami, FL 33133
Ordinance www.miamigov.com
Enactment Number:14154
File Number: 10771 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.
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 File ID: 10771 (Revision: C) Printed On: 3/3/2023
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 nron Air 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 seating capacity, 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
regulations per Chapter 2 of the City Code, as amended. A Certificate of Use reflecting the
Outdoor Dinina use must be obtained.
a. Outdoor Dining is permitted, By Right, subject to meeting all the following conditions:
' 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 File ID: 10771 (Revision: C) Printed On: 3/3/2023
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
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein. whichever is later.
City of Miami File ID: 10771 (Revision: C) Printed On: 3/3/2023
APPROVED AS TO FORM AND CORRECTNESS:
Vyt6riai dez,City Attor iey 12127/2022 ria i " dez, Cify Attor iey 1/31/2023
City of Miami File ID: 10771 (Revision: C) Printed On: 3/3/2023