The URL can be used to link to this page

Home My Public Portal About2022-09 Amending Chapter 30 Section 30-112 "Schedule of District, Use, and Setback Regulations" relating to outdoor dining regulationsORDINANCE NO. 2022-09 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 30, "ZONING AND LAND DEVELOPMENT REGULATIONS" OF THE VILLAGE CODE OF ORDINANCES, BY AMENDING SECTION 30-112 "SCHEDULE OF DISTRICT, USE, AND SETBACK REGULATIONS," RELATING TO OUTDOOR DINING REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council of the Village of Key Biscayne (the "Village") has adopted regulations regulating outdoor dining and off-street parking within the Village; and WHEREAS, the Village Council fords it periodically necessary to amend its Code of Ordinances in order to update regulations and procedures to implement planning goals and objectives; and WHEREAS, the Village Council desires to amend existing outdoor dining regulations; and WHEREAS, the Village Council, sitting in its capacity as the Local Planning Agency, has reviewed this Ordinance and recommends approval; and WHEREAS, the Village Council finds that this Ordinance is in the best interest of the Village's residents. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:I Section 1. Recitals. The above -stated recitals are true and correct and are incorporated herein by this reference. Section 2. Amendinff Section 30-112, "Supplemental Use Regulations," of the Village Code. That Section 30-112, "Supplemental Use Regulations," of the Code of Key Biscayne, Florida is hereby amended to read as follows: CHAPTER 30 — ZONING AND LAND DEVELOPMENT REGULATIONS *** ARTICLE V. — SCHEDULE OF DISTRICT, USE, AND SETBACK REGULATIONS *** Coding: are deletions to the existing words. Underlined words are additions to the existing words. Changes between first and second reading are indicated with dott144,e-s tig.11 and double underline. Sec. 30-112. - Supplemental Use Regulations. (k) Outdoor dining Dining Facility Regulations. Tables and chairs may be placed outside of a restaurant on private property that is located on individual sites or within Shopping Centers. The tables and chairs may be used for dining purposes as an accessory to an indoor restaurant facility, subject to compliance with the following criteria: (1) Outdoor dining will be subject to all federal, state, and county regulations. (-1--)al Tables and chairs shall not be placed in a manner that restricts direct pedestrian Access along a 44 -inch wide pathway from the entrance of a Shopping Center to a elevator or steps. Americans with Disabilities Act ("ADA") Shared -access paths in Shopping Centers must be a minimum of 44 inches wide. Access and ADA clearance requirements will consider space required for occupants as well as furniture; (2--)L3) Furniture is limited to planters, safety barriers., tables, eltairt seating, and umbrellas; (4) Safety barriers shall be required between vehicular and outdoor dining areas. Barriers must be visually screened to create a consistent design with other furnishings. (3)(5) Signage is prohibited on outdoor furniture; except for logos on umbrellas for goods sold on premises; {4)0.1 The applicant shall submit evidence that the owner of the Shopping Center permits Outdoor Dining Facilities on the Premises; f5-)0 Furniture which is composed solely of PVC, plastic laminate, €ib or similar materials is prohibited; (- (S) An Outdoor Dining Facility shall not require additional Parking; ( (9) The Building, Zoning, and Planning Director, or designee, may establish conditions as part of the approved Site Plan. An appeal of the Director's decision shall be decided by the Village Council; (S)(10) Outdoor music_or am•li lcation m.v b- associated with Outdoor Dining Facilities at a maximum decibel level of 65 dBA a mea ured with a calibrated Sound Level Meter• (10)(1-23(11) Tables and chairs at each restaurant shall have a consistent design and color; 4-34(12) No storage is permitted. Only actively used furnishings may be located in outdoor dining areas. (12) Tha estal.rant idin. ch Qutdoor Dining Facility shall provide bathroom f cilities ,,ml nee . ,ith the Florida Building Code: A {.ILAIIAI.LJ All 4L4LVIli SAl1LL YY 11I1 11I4 I ( }44-44f13) 3) Restaurants shall be responsible for all litter within a 300 - foot radius; (11)1- )L14_) All food preparation shall be from within the enclosed restaurant; (15) Pass through -windows, take- out windows, or- similar k'pes o do of wed -and (1£) A Site Plan, accompanied by all pertinent data, shall be submitted to and approved by the Village's Building, Zoning and Planning Department, Fire Department, and 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 and storage of all furniture, lighting, and other related services and functions associated with the request for approval, Site Plans must show safe and secure storage locations where furnishings will be located in the event of a storm or emergency. 4.4(16) Upon declaration of a Tropical Storm Watch or a Hurricane Watch by the National Hurricane Center, all furnishings must be removed or stored in a safe and secure manner. Section 3. Severabilitv. That 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 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. Codification. That it is the intention of the Village Council and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Village's Code of Ordinances, and 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. Conflicts. That all ordinances or parts of ordinances, resolutions or parts of resolutions, in conflict herewith, are repealed to the extent of such conflict. Section 6. Effective Date. That this Ordinance shall become effective immediately upon final adoption on second reading. PASSED on first reading on the 24th day of August , 2022. PASSED AND ADOPTED on second reading on the 11th day of October , 2022. MICHAEL W. DAVEY ATTEST: VILLAGE CLERK APPROVED AS TO FORM AND LEGALITY: WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. VILLAGE ATTORNEY MIAMI-DADE STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared MARIA MESA, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review fik/ a Miami Review. a daily (except Saturday. Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County. Honda. that the attached copy of advertisement. being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE - ORDINANCE - SECOND READING -OCT 11 , 2022 in the XXXX. Court. was published in said newspaper by print in the issues of and/or by publication on the newspapers webate, if authorized. on 09/30/2022 Affiant further says that the newspaper complies with all legal regwr-•• . publication in chapter 50. Florida Statu MARIA MESA personally known to me L) subscribed before me this SEPTEMBER A D 2022 •�,.*n •. BARBARA THOLLAS Commission 41111187442 Expires November 2, 2025 Banded Thru Troy Fair, Insurance 8OG-385.1519 PIP VILLAGE OF KEY BISCAYNE OFFICE OF THE VILLAGE CLERK PUBLIC NOTICE Notice is hereby given that the following ordinances will be considered on Second Reading by the Village Council of the Village of Key Biscayne at a meeting to be held on Tuesday. October 11, 2022 at 6:00 p,m" in the Council Chamber, located at 560 Crandon Boulevard, Key Biscayne. Florida: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTION 30-197 OF ARTICLE VIII, "SIGNS," OF CHAPTER 30 OF THE VILLAGE CODE OF ORDINANCES RELATING TO THE PLACEMENT OF SIGNS ON DECORATIVE ARCHITECTURAL FEATURES: PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 30, "ZONING AND LAND DEVELOPMENT REGULATIONS- OF THE VILLAGE CODE OF ORDINANCES, BY AMENDING SECTION 30-112 "SCHEDULE OF DISTRICT, USE, AND SETBACK REGULATIONS," RELATING TO OUTDOOR DINING REGULATIONS: PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION: PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 30, "ZONING AND LAND DEVELOPMENT REGULATIONS" OF THE VILLAGE CODE OF ORDINANCES, BY COMPREHENSIVELY AMENDING, CREATING, AND UPDATING REGULATIONS RELATING TO BICYCLE AND GOLF CART REQUIREMENTS: PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS: AND PROVIDING FOR AN EFFECTIVE DATE. of key ley t3iscayfie - Ore The proposed ordinances may be inspected by the public at the Office of the Village Clerk. Interested parties may appear in person at the Public Hearing or via Zoom and be heard with respect to the proposed Ordinances. Any person, wishing to address the Village Council on any item at this Public Hearing is asked to register with the Village Clerk prior to that item being heard. No registration is needed for joining via Zoom. Please call (305) 365-7569, Zoom Meeting ID: 231 627 8415 in order to participate and be heard with respect to the proposed Ordinances. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office of the Village Clerk, 88 West McIntyre Street, Suite 220, Key Biscayne, Florida 33149, telephone number (305) 365-5506, not later than two business days prior to such proceeding. Should any person desire to appeal any decision of the Village Council with respect to any matter to be considered at this meeting, that person shall insure that a verbatim record of the proceedings is made including all testimony and evidence upon which any appeal may be based (F.S. 286.0105). Comments of any interested party relative to this matter may be submitted in writing via email to p bliccomments®keybiscayne.fl.4ov or presented in person at the public hearing. 9/30 Jocelyn B. Koch Village Clerk 22-28/0000622861 M