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Home My WebLink AboutCC Legislation (Version 2)Est,ab . . • .., • ity of la Legislation Ordinance City Hai! 3500 Pan American Drive Miami, FL 33133 ww.mam9DV.COm File Number: 07-01014zt Final. Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 9, SECTION 906.9 TEMPORARY SPECIAL EVENTS; SPECIAL PERMITS; CRITERIA, IN ORDER TO ALLOW FOR A SPECIAL EVENT VENDING SUBDISTRICT ALONG SW 8TH STREET BETWEEN SW 10TH AND 27TH AVENUES; ALLOWING FOR EXCEPTIONS BY CLASS !SPECIAL PERMIT; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting held on September 5, 2007, Item No. 2, following an advertised public hearing, adopted Resolution No. PAB 07-035 by a vote of nine to zero (9-0), recommending APPROVAL as presented; and 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 citizens to amend its Zoning Ordinance as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA, AS FOLLOWS: Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City of Miami Zoning Ordinance is hereby amended by amending Article Subsection 906 as follows: {1} Article 9 Section 906 Accessory uses and structures. * 906.9. Temporary special events; special permits; criteria. Where a temporary carnival, festival, fair or similar type event is permissible on privately owned or City -owned land by a Class I Special Permit, shall be subject to the applicable criteria in Section 1305.1.1 in addition, the following conditions, criteria and limitations apply: (a) Temporary events which include mechanical rides are permissible only on Thursdays, Fridays, Saturdays and Sundays and/or legal holidays, unless other days are approved by the City Commission. Otherwise, on all other days, these events shall be permitted only at Watson Island, City ofMiami Page 1 of 5 Printed On: 9/17/2007 File Nw ber 07-01O14zt Virginia Key and Bicentennial Park and the facilities and parking lots of Miami Marine Stadium, and the Orange Bowl Stadium. (b) Temporary events not including rechanical rides are permissible on any day of the week, (c) Except as authorized below in Section 906.9.2, no No more than two (2) temporary events shall be permitted, per site, each for a maximum of two (2) weeks, on private property per year; no more than ten (10) temporary events shall be permitted, per site, each for a maximum of two (2) weeks, on public property per year; unless approved by the city commission. The limitation of two (2) temporary events per site on private property per year may be waived by a four -fifths ( 4/5) affirmative vote of the city commission, to permit not more than a total of four (4) temporary events per site on private property per year. (d) Adjacent property owners and residcntc the office of the Commissioner for the area shall be notified of the temporary event by the applicant, and the applicant shall submit to the zoning administrator an affidavit signed by the rccidentc adiacent property owners certifying such notice before the Class 1 Special Permit is approved. (e) Temporary events proposed on public property must be approved by other city departments, prior to the issuance of a Class I Special Permit. (f) The city manager is authorized to establish required procedures and to attach any further limitations or conditions deemed essential for the health and general welfare of the public. 906.9.2. Special Event subdistricts; Class I required. The limitation of not more than two (2) temporary events permitted, per site, each for a maximum of two (2) weeks, as specified above, may be waived by Class I Special Permit for designated special event vending districts as specified below. Definitions: Pushcart or cart is defined as a functional two wheeled vehicle capable of being propelled solely by a single human. Stand is defined as any pushcart, cart or wheeled vehicle which may be moved without the assistance of a motor and which is not required to be licensed and registered by the state department of highway safety and motor vehicles, used for displaying, storing, or transporting of articles offered for sale by a vendor. Vending is defined as the act of selling, offering for sale, transferring, or offering to transfer merchandise to another for pecuniary gain_ Vending year is defined as the one-year for which a Class I permit is issued for vending activities ny of Miami Page 2 of 5 Printed On: 9/17/2007 unb&r 07-01Q14z( Vending zone is defined as a rectangular pursuant to this section- 906,9.2.1. Little Havana Special Event Vending That portion of SW 8th Street from SW 10th Avenue to SW 27th Avenue is hereby designated as a special event vending subdistrict. Special Event Vending shall be permissible by Class 1 Special Permit for a one year vending period subject to the following criteria: 1. Each individual vendor shall be required to obtain a Class l Special permit on an annual basis. 2. Vending shall be limited to arts and crafts items only; no mass produced or food items may be sold. 3. Vending shall be conducted from completely movable carts or vending stands; no permanent structures shall be permitted for vending activities. 4. Vending carts, if used, shall be subject to design review. The following are the size requirements for vending stands and carts. The stand or cart used for vending shall not exceed 31/2 feet in width and 6 feet in length and 5 feet in height exclusive of the height of umbrellas, canopies, or other coverings. The cart must be capable of being pushed by one (1) person, with at least two (2) functional wheels and positive wheel locking devices. The wheels of the cart must be locked while the vendor is conducting business and the cart must be removed after business hours on a daily basis. 5. Vending shall not be permitted 7 days per week. Vending activities shall be limited to weekends, holidays and other community festival days and shall further be limited to the hours of 9 a.m. to 11 p.m. 6. Vending activities must take place completely on private property; vending on public right of way is not permissible under this section of the zoning code. 7. Vending zones shall not be placed in any required parking space. 8. No advertising, except the posting of prices, shall be permitted on or attached to any stand, cart except to identify the name of the vendor and/or product. 9. The following shall be prohibited conduct; No vendor shall: o Leave any stand, cart or motor vehicle unattended. o Allow or keep any animals in motor vehicles, carts or stands. o Leave any location or vending zone without first picking up, removing, and disposing of all trash and refuse remaining within a 15-foot radius. Each vendor shall be responsible for maintaining a 15-foot radius trash and refuse clear area around him/her. Said area shall overlap other vendor cleanup areas and no vendor shall leave a location, or vending zone, without cleaning up as required. c Allow any items relating to the operating of the vending business to be placed anywhere other than in, on, or under the stand, cart. City of Miami Page 3 of 5 Printed On: 9/17/2007 File Number: 07-01014zi Solicit or conduct business with persons in rnotorvehiciesocated on traffi lanes of blic streets and hi hwa o Sell anything other than that for which he is permitted to vend. 0, Use any no se -making device. o Allow any animals to remain within 25 feet of a stand or cart for a period longer than necessary to complete a sale to the person having possession; or control of said animals. o Vend from a motor vehicle. Applications for such special event vending shall include the following: 1 A description of the arts and crafts item to be sold. 2. Plans and/or photographs of the vending cart or vending stand to be used along with photographs and a site plan of the location along SW 8th Street where the vending zone will be located. *ri Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 4. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. This Ordinance shall become effective thirty (30) days after approval at second reading, unless vetoed by the Mayor within ten 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. APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ CITY ATTORNEY Footnotes : City of Miami Page 4 of 5 Printed On: 9/7 7/2007 File Number 07-01014zt ill 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. Cite of Miami Page 5 of 5 Printed On: 9/17/ 007