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Home My Public Portal About1998-07 Amending Chapter 30 Zoning by creating Business Use RegulationsORDINANCE NO. 98-7 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA (THE "VILLAGE"), AMENDING CHAPTER 30 "ZONING" OF THE VILLAGE CODE BY CREATING ARTICLE V "BUSINESS USE REGULATIONS" CONSISTING OF SECTION 30-100 "OUTDOOR DINING FACILITY REGULATIONS", TO PROVIDE REGULATIONS CONCERNING OUTDOOR DINING FACILITIES AT RESTAURANTS WITHIN THE VILLAGE; PROVIDING FOR MODIFICATION OF APPLICABILITY OF THE REGULATION OF OUTDOOR DINING FACILITIES AS UNUSUAL USES UNDER MIAMI-DADE COUNTY ZONING CODE WITHIN THE VILLAGE; PROVIDING FOR PENALTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF INTERIM ENFORCEMENT POLICY; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Village Council finds it appropriate to amend the Village's land development regulations so as to regulate outdoor dining facilities at restaurants through the criteria provided in this Ordinance, in lieu of simply utilizing the unusual use zoning approach as described in Section 33-13 and Section 33-311(d) of the Miami -Dade County Zoning Code; and WHEREAS, the Village Council desires to amend the land development regulations provided by Chapter 30 "Zoning" of the Village Code in a manner which will further enhance the quality of life in the Village; and WHEREAS, this Ordinance shall serve to accomplish such purpose; and WHEREAS, in accordance with Section 20-1 of the Village Code, the Village Council has been designated as the local planning agency for the Village pursuant to Section 163.3174, Florida Statutes; and WHEREAS, the Village Council has reviewed this Ordinance and has determined that the regulations provided herein are consistent with the applicable provisions of the Comprehensive Plan of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Article Created. That Article V "Business Use Regulations" of Chapter 30 "Zoning" of the Code of the Village of Key Biscayne is hereby created by creating Section 30-100 "Outdoor Dining Facility Regulations" to read as follows: Article V. Business Use Regulations. Section 30-100. Outdoor Dining Facility Regulations. A. Notwithstanding the provisions of Section 33-13 and Section 33-311(d) of the Miami -Dade County Code (the "County Code"), as made applicable within the Village pursuant to Section 30-21 of the Village Code and Village Charter Section 4.13, outdoor dining facilities at restaurants which meet the criteria of paragraph C of this section, may be authorized and approved by the Village pursuant to this section, in lieu of the unusual use regulatory criteria for outdoor dining facilities which are provided by the above described provisions of the County Code. However, unless otherwise specified by ordinance of the Village, applications not meeting the criteria set forth in paragraph C of this section, may be processed by the Village for consideration as an unusual use in accordance with such County Code provisions, upon appropriate application. This section shall apply only to outdoor dining facilities located in the BU -1 Neighborhood Business District as described on the attached map. The term "Outdoor Dining Facility", as used herein means a use located on private property which has outdoor table service of food and beverages which are prepared in an adjacent or attached restaurant, for consumption on the premises. It is characterized by tables and chairs and may be shaded by canopies, awnings or umbrellas. B. Shopping centers may generally provide tables, chairs and benches so long as such furniture has a consistent design and color and meets all applicable codes, provided that the Village staff review and approve a site plan for such furniture. There shall be no outdoor dining service to such shopping center furniture nor shall there be a concentration of furniture at any one location in the center. 2 C. Outdoor furniture to be utilized by restaurant facilities located on individual sites or within shopping centers for outdoor dining purposes as an accessory to restaurant facility use may be permitted as an Outdoor Dining Facility, subject to compliance with the following criteria: Tables and chairs shall not be placed in a manner which restricts direct pedestrian access along a forty-four (44) inch wide pathway from the entrance of a shopping center to an elevator or steps. Tables and chairs shall not be placed in a manner which violates the Americans with Disabilities Act ("ADA"). Furniture is limited to tables, chairs, and umbrellas. Signage is not permitted on outdoor furniture. The owner of the shopping center shall submit evidence that an Outdoor Dining Facility is permitted on the premises. Furniture which is composed of PVC, plastic, fiberglass, formica, or similar materials is prohibited. An Outdoor Dining Facility shall not be required to comply with motor vehicle parking regulations. The Building, Zoning, and Planning Director may establish reasonable conditions as part the approved site plan. An appeal of the Director's decision shall be decided by the Village Council. There shall be no outdoor music or amplification associated with the Outdoor Dining Facilities. Tables and chairs that are not permanently attached to the floor shall be stored inside the enclosed restaurant unit providing such service, when such unit is closed. Tables and chairs at each restaurant shall have a consistent design and color and the arrangement shall meet all applicable codes, including public accessibility. Tables and chairs shall be located directly in front of the restaurant unit served. 3 The restaurant providing such Outdoor Dining Facility shall provide restroom facilities in accordance with the South Florida Building Code. 13. Restaurants shall have any disposable tableware and accessories marked with its trademark or indicia of ownership and shall be responsible for all litter within a 300' radius. 14. All food preparation shall be from within the enclosed restaurant. 15. Pass -through windows, take-out windows, or similar types of windows are not permitted. 16. A complete site plan, accompanied by all pertinent data, must be submitted to and approved by the Village's Building, Zoning and Planning Department, Fire Department, Police Department. Such site plan shall be revocable at the will of the Village if any of the criteria or conditions of approval are violated or if new regulations are adopted by the Village and not satisfied by the restaurant facility. Site plans shall describe the location of all furniture, lighting and other related services and functions associated with the request for approval. D. Applications for approval pursuant to this section must be jointly filed by the authorized applicant for the entire property within which all restaurant facilities proposing to engage in an Outdoor Dining Facility use are located, so that the compatibility of uses is promoted and piecemeal review is avoided. Section 2. Conflict. To the extent that the provisions of this Ordinance conflict with the provisions of Section 33-13 and Section 33-311(d) of the Miami -Dade County Zoning Code concerning outdoor dining facilities as an unusual use, the provisions of this Ordinance shall prevail. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid 4 or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in Code. It is the intention of the Village Council, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of the Village of Key Biscayne, Florida; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Penalty. Any person who violates any provisions of this ordinance shall, upon conviction, be punished by a fine not to exceed $500 or imprisonment in the County jail not to exceed sixty (60) days or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate violation. This ordinance shall be subject to enforcement under the Local Government Code Enforcement Act, Chapter 162, F.S., as amended. Enforcement may also be by suit for declaratory, injunctive or other appropriate relief in a court of competent jurisdiction. Section 6. Applicability. Nothing in this Ordinance shall be applied in a manner which conflicts with the conditions of development orders previously issued or which retroactively conflicts with the adjudications previously made by Special Masters of the Village in code enforcement proceedings. Section 7. Repeal. Resolution No. 98-37, providing an interim enforcement policy concerning the use of outdoor dining facilities for restaurants within the Village, is hereby repealed, effective upon the adoption of this Ordinance. 5 Section 8. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. PASSED AND ADOPTED on first reading this 25th day of August, 1998. PASSED AND ADOPTED on second reading this 13th day of October, 1998. ATTEST: 3-3. - F. FESTA, MAYOR ... �7 _\ At \• 174 '1-,:',. 0.1i.:‘,\S \F y. CHITA H. ALVAREZ, VILLAGE CLERK `S r ;a '' 'y`', mot.). APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD J. WEISS, VILLAGE ATTORNEY 103001 \Ordinances\Outdoor Dining Facility Regulations 6 PUBLISHED DAILY MIAMI-DADE-FLORIDA The V iami Herald PublishingCompany STATE OF FLORIDA COUNTY OF DADE Before the undersigned authority personally appeared: HIRAM LOPEZ who on oath says that he/she is" CUSTODIAN OF RECORDS of The Miami Herald, a daily newspaper published at Miami in Dade County, Florida; that the attached copy of advertisement was published in said newspaper in the issues of: SEPTEMBER 20, 1998 NEIGHBORS ZONE 3 PAGE 18 Affiant further says that the said The Miami Herald is a newspaper published at Miami, in the said Dade County, Florida and that the said newspaper has heretofore been continuously published in said Dade County, Florida each day and has been entered as second class mail matter at the post office in Miami, in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspapers(s). LLdII` ` c Sworn to and subscribed before a th 23rd DAY OF SEPTEMBER 1998 My Commission NOTARY E L Expires: October 17, 2001 VIRGINIA J GALLON Virginia J. Qallon /% _ NOrARYPUB STATE OF FLORIDA COMMVISION NO. Ct 82 28 COMMISSION EX . OCT.7 `,j� 1 k r,ili1 I'laz , Alit mi, Florida 33132-1693 (305) 350-2111