Ordinance 98-56 - Laserfiche WebLink

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ORDINANCE NO. 98- 5 ~ AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 33-13 TO DELETE ANY REFERENCE TO OUTDOOR PATIO AND TABLE SERVICE IN CONNECTION WITH RESTAURANT AND PROVIDING INSTEAD AN AMENDMENT TO THE CODE OF ORDINANCES OF THE CITY TO PROVIDE FOR A NEW SECTION ENTITLED OPEN-AIR CAFE; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS OF THE MIAMI- DADE COUNTY CODE; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. WHEREAS, Section 8.3 of the Charter of the City of Sunny Isles Beach has adopted the Zoning Code of Miami-Dade County, in effect on June 16, 1997, as the regulating Code of the City; and WHEREAS, the Building, Planning and Zoning Department and this City Commission desire to eliminate outdoor cafes as an unusual use and finds that it is in the public interest to amend the code to allow for open-air cafes as an accessory use to existing restaurants; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Section 33-13 entitled "Unusual Uses" of the Miami-Dade County Code is hereby amended to delete any references "outdoor patios and table service in connection with a restaurant and instead the Code ofthe City of Sunny Isles Beach, Florida shall include a new section which shall read as follows: Sec. 1. Open-Air Cafe in Conlunction with a Restaurant (or Food Establishment). An open-air cafe in conjunction with a restaurant or food establishment shall be as an accessory use to a restaurant or food establishment in a Business District (BU-l, BU-IA, BU-2, BU-3) and shall comply with all code requirements and shall be subject to the following additional conditions and restrictions: a. A site plan, drawn to scale, which shall have been approved by the Building, Planning and Zoning Department staff shall be submitted and approved by the Director of the Department. Such plan shall include the floor plan of the existing restaurant, including tables, chairs and restrooms, and the proposed open-air cafe. The plan shall also show the existing parking, any proposed landscaping, location of refuse containers, proposed lighting, layout of all tables, chairs, benches, and other furniture, and pedestrian ingress and egress. An open-air cafe located on sidewalks must remain at the elevation of the existing sidewalk. Parking requirements of Section 33-124 of the code of Miami-Dade shall still apply. All provisions Outdoor Cafe Ord. -1-