PZ.10 - Clarify Food Service Outdoor Dining

WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, which has been amended from time to time (“Miami 21 Code”); and WHEREAS, the Office of the City Manager appointed a Steering Committee to evaluate existing Miami 21 Code entitlements with the intent of identifying opportunities for process improvements and recommending legislative amendments (“Entitlement Reform Program”); and WHEREAS, Section 561.20(2)(a)(4), Florida Statutes, establishes the minimum criteria for food service establishments to qualify for a special alcoholic beverage license, including requirements for a minimum of 2,000 square feet of service area, at least 120 physical seats, the ability to serve meals to 120 persons at one time, and the derivation of at least 51 percent (51%) of gross revenue from food and nonalcoholic beverages; and WHEREAS, clarification of applicable State alcoholic beverage licensing criteria is necessary to ensure consistent interpretation and application of local Outdoor Dining regulations; and WHEREAS, it is desirable to generally allow Outdoor Dining By Right on properties that directly front those thoroughfares that have high-frequency transit areas such as a Transit Corridors and Transit Orientated Development (“TOD”) designated areas; and WHEREAS, there are opportunities to clarify the existing Outdoor Dining regulations to ensure consistency in application review and timelines; and WHEREAS, the proposed amendments introduce clear standards and streamlined By Right processes for Outdoor Dining while maintaining appropriate safeguards to ensure compatibility with surrounding neighborhoods and adjacent properties; and WHEREAS, the Planning, Zoning and Appeals Board (“PZAB”), at its meeting on March 18, 2026, following an advertised public hearing, adopted Resolution No. PZAB-R-26-012 by a vote of eight to zero (8 - 0), Item No. PZAB. 1, recommending approval, as amended, of the Miami 21 Code text amendment; and WHEREAS, the PZAB also recommended that the City’s Planning Department continue to study whether to allow micro and small outdoor dining uses in third layer By Right when not abutting T3 or T4 in the rear; and WHEREAS, consideration has been given to the relationship of the proposed amendments to the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan (“MCNP”), the Miami 21 Code, and other applicable City regulations; and WHEREAS, consideration has been given to the need and justification for the proposed change, including changed or changing conditions that make the passage of the proposed change necessary; and WHEREAS, after careful consideration, the Planning, Zoning and Appeals Board (“PZAB”) finds that adoption of the proposed amendments is in the best interest of the general welfare of the City of Miami and its residents and recommends approval of the ordinance; 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 and incorporated as if fully set forth in this Section. Section 2. Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended, (“Miami 21 Code”) is further amended by making modifications to Article 6 in the following particulars : “ARTICLE 6: SUPPLEMENTAL REGULATIONS \*\*\* 6.1 INTENT AND EXCLUSIONS \*\*\* Table 13: T4 - GENERAL URBAN ZONE \*\*\* | | | | | | --- | --- | --- | --- | | T4 | RESTRICTED | LIMITED | OPEN | | ALCOHOL SERVICE ESTABLISHMENT | | Establishments with a valid alcohol beverage license shall be subject to Chapter 4 of the City Code, entitled “Alcoholic Beverages.”
Establishments occupying more than 5,000 square feet of Floor Area shall require an Exception with approval by the City Commission. Establishments located within an Entertainment District as defined within Section 4-9 6 of the City Code shall not be subject to an Exception permit. | Establishments with a valid alcohol beverage license shall be subject to Chapter 4 of the City Code, entitled “Alcoholic Beverages.”
Establishments occupying more than 5,000 square feet of Floor Area shall require an Exception with approval by the City Commission. Establishments located within an Entertainment District as defined within Section 4-9 6 of the City Code shall not be subject to an Exception permit. | | FOOD SERVICE ESTABLISHMENT | | Establishments with a valid alcohol beverage license shall be subject to Chapter 4 of the City Code, entitled “Alcoholic Beverages.”
Establishments under 2,500 square feet of Floor Area with a valid 4COP alcohol beverage license shall require a Warrant.
Establishments proposing to activate a valid alcohol beverage license shall be subject to Chapter 4 of the City Code, entitled “Alcoholic Beverages,” and in accordance with applicable State law.
Establishments not meeting Section 561.20(2)(a)(4), Florida Statutes, outlining the minimum square footage of bona fide Food Service Establishment service area and a minimum seating capacity shall obtain a Warrant to activate a valid 4COP Quota alcohol beverage license. | Establishments with a valid alcohol beverage license shall be subject to Chapter 4 of the City Code, entitled “Alcoholic Beverages.”
Establishments under 2,500 square feet of Floor Area with a valid 4COP alcohol beverage license shall require a Warrant.
Establishments proposing to activate a valid alcohol beverage license shall be subject to Chapter 4 of the City Code, entitled “Alcoholic Beverages,” and in accordance with applicable State law.
Establishments not meeting Section 561.20(2)(a)(4), Florida Statutes, outlining the minimum square footage of bona fide Food Service Establishment service area and a minimum seating capacity shall obtain a Warrant to activate a valid 4COP Quota alcohol beverage license. | \*\*\* Table 13: T5 - URBAN CENTER ZONE \*\*\* | | | | | | --- | --- | --- | --- | | T5 | RESTRICTED | LIMITED | OPEN | | ALCOHOL SERVICE ESTABLISHMENT | | Establishments with a valid alcohol beverage license shall be subject to Chapter 4 of the City Code, entitled “Alcoholic Beverages”.
Establishments occupying more than 5,000 square feet of Floor Area shall require an Exception with approval by the City Commission. Establishments located within an Entertainment District as defined within Section 4-9 6of the City Code shall not be subject to an Exception permit. | Establishments with a valid alcohol beverage license shall be subject to Chapter 4 of the City Code, entitled “Alcoholic Beverages”.
Establishments occupying more than 5,000 square feet of Floor Area shall require an Exception with approval by the City Commission. Establishments located within an Entertainment District as defined within Section 4-9 6of the City Code shall not be subject to an Exception permit. | | FOOD SERVICE ESTABLISHMENT | | Establishments with a valid alcohol beverage license shall be subject to Chapter 4 of the City Code, entitled “Alcoholic Beverages.”
Establishments under 2,500 square feet of Floor Area with a valid 4COP alcohol beverage license shall require a Warrant.
Establishments proposing to activate a valid alcohol beverage license shall be subject to Chapter 4 of the City Code, entitled “Alcoholic Beverages,” and in accordance with applicable State law.
Establishments not meeting Section 561.20(2)(a)(4), Florida Statutes, outlining the minimum square footage of bona fide Food Service Establishment service area and a minimum seating capacity shall obtain a Warrant to activate a valid 4COP Quota alcohol beverage license. | Establishments with a valid alcohol beverage license shall be subject to Chapter 4 of the City Code, entitled “Alcoholic Beverages.”
Establishments under 2,500 square feet of Floor Area with a valid 4COP alcohol beverage license shall require a Warrant.
Establishments proposing to activate a valid alcohol beverage license shall be subject to Chapter 4 of the City Code, entitled “Alcoholic Beverages,” and in accordance with applicable State law.
Establishments not meeting Section 561.20(2)(a)(4), Florida Statutes, outlining the minimum square footage of bona fide Food Service Establishment service area and a minimum seating capacity shall obtain a Warrant to activate a valid 4COP Quota alcohol beverage license. | \*\*\* Table 13: T6 - URBAN CORE ZONE \*\*\* | | | | | | --- | --- | --- | --- | | T6 | RESTRICTED | LIMITED | OPEN | | ALCOHOL SERVICE ESTABLISHMENT | | Establishments with a valid alcohol beverage license shall be subject to Chapter 4 of the City Code, entitled “Alcoholic Beverages.”
Establishments occupying more than 5,000 square feet of Floor Area shall require an Exception with approval by the City Commission. Establishments located within an Entertainment District as defined within Section 4-9 6 of the City Code shall not be subject to an Exception permit. | Establishments with a valid alcohol beverage license shall be subject to Chapter 4 of the City Code, entitled “Alcoholic Beverages.”
Establishments occupying more than 5,000 square feet of Floor Area shall require an Exception with approval by the City Commission. Establishments located within an Entertainment District as defined within Section 4-9 6 of the City Code shall not be subject to an Exception permit. | | FOOD SERVICE ESTABLISHMENT | | Establishments with a valid alcohol beverage license shall be subject to Chapter 4 of the City Code, entitled “Alcoholic Beverages.”
Establishments under 2,500 square feet of Floor Area with a valid 4COP alcohol beverage license shall require a Warrant.
Establishments proposing to activate a valid alcohol beverage license shall be subject to Chapter 4 of the City Code, entitled “Alcoholic Beverages,” and in accordance with applicable State law.
Establishments not meeting Section 561.20(2)(a)(4), Florida Statutes, outlining the minimum square footage of bona fide Food Service Establishment service area and a minimum seating capacity shall obtain a Warrant to activate a valid 4COP Quota alcohol beverage license. | Establishments with a valid alcohol beverage license shall be subject to Chapter 4 of the City Code, entitled “Alcoholic Beverages.”
Establishments under 2,500 square feet of Floor Area with a valid 4COP alcohol beverage license shall require a Warrant.
Establishments proposing to activate a valid alcohol beverage license shall be subject to Chapter 4 of the City Code, entitled “Alcoholic Beverages,” and in accordance with applicable State law.
Establishments not meeting Section 561.20(2)(a)(4), Florida Statutes, outlining the minimum square footage of bona fide Food Service Establishment service area and a minimum seating capacity shall obtain a Warrant to activate a valid 4COP Quota alcohol beverage license. | \*\*\* Table 13: D – DISTRICT \*\*\* | | | | | | --- | --- | --- | --- | | D | D1 - WORKPLACE | D2 - INDUSTRIAL | D3 - WATERFRONT INDUSTRIAL | | | | Establishments with a valid alcohol beverage license shall be subject to Chapter 4 of the City Code, entitled “Alcoholic Beverages.”
Establishments occupying more than 5,000 square feet of Floor Area shall require an Exception with approval by the City Commission. Establishments located within an Entertainment District as defined within Section 4-9 6of the City Code shall not be subject to an Exception permit. | Establishments with a valid alcohol beverage license shall be subject to Chapter 4 of the City Code, entitled “Alcoholic Beverages.”
Establishments occupying more than 5,000 square feet of Floor Area shall require an Exception with approval by the City Commission. Establishments located within an Entertainment District as defined within Section 4-9 6of the City Code shall not be subject to an Exception permit. | | FOOD SERVICE ESTABLISHMENT | | Establishments with a valid alcohol beverage license shall be subject to Chapter 4 of the City Code, entitled “Alcoholic Beverages.”
Establishments under 2,500 square feet of Floor Area with a valid 4COP alcohol beverage license shall require a Warrant.
Establishments proposing to activate a valid alcohol beverage license shall be subject to Chapter 4 of the City Code, entitled “Alcoholic Beverages,” and in accordance with applicable State law.
Establishments not meeting Section 561.20(2)(a)(4), Florida Statutes, outlining the minimum square footage of bona fide Food Service Establishment service area and a minimum seating capacity shall obtain a Warrant to activate a valid 4COP Quota alcohol beverage license. | Establishments with a valid alcohol beverage license shall be subject to Chapter 4 of the City Code, entitled “Alcoholic Beverages.”
Establishments under 2,500 square feet of Floor Area with a valid 4COP alcohol beverage license shall require a Warrant.
Establishments proposing to activate a valid alcohol beverage license shall be subject to Chapter 4 of the City Code, entitled “Alcoholic Beverages,” and in accordance with applicable State law.
Establishments not meeting Section 561.20(2)(a)(4), Florida Statutes, outlining the minimum square footage of bona fide Food Service Establishment service area and a minimum seating capacity shall obtain a Warrant to activate a valid 4COP Quota alcohol beverage license. | \*\*\* 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 Dining use must be obtained. a.Outdoor Dining is permitted, By Right, subject to meeting all the following conditions: 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-O,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. 6.The Outdoor Dining does not contain seating in an amount greater than 50% oftheoverall establishment’s seating capacity. 7.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. General Standards 1.All Outdoor Dining shall conform to the following standards: a.Outdoor Dining shall only be permitted when associated with a Food Service Establishment or Alcohol Service Establishment, as allowed for in Article 4, Table 3: Building Function: Uses. b.Outdoor Dining shall be located on private property within Open Spaces, that may or may not be covered, including Plazas, Courtyards, Pedestrian Passages, and Roof Terraces. c.Dining may also be permitted within the Public Right-of-Way, subject to the approval of a Sidewalk Café or Street Café permit, per the City Code, Chapter 54, titled ‘Streets and Sidewalks.’ d.Outdoor Dining shall not be allowed within the Waterfront Walkway, as defined in Article 3, Section 3.11, titled ‘Waterfront Standards.’ e.All non-fixed tables, seating, furnishings, and other associated elements shall be completely removed within twenty-four (24) hours of an applicable public safety notice. f.Outdoor Dining shall require parking per this Code when all of the following conditions apply: i.Not located within a TOD or Transit Corridor; and ii.The Outdoor Dining area includes more than fifty (50) seats; and iii.There are more seats provided outdoors than indoors. g.For Outdoor Dining projects that require parking through this provision, the amount shall be calculated based on the total area occupied by the Outdoor Dining. For projects located within an established Parking Trust Fund area, the parking may be satisfied through a payment per Chapter 35 of the City Code. h.Outdoor Dining that is located between the Building Façade and Frontage Line, shall maintain a minimum six-foot wide clear pedestrian path, measured from the back of curb, including all associated dining elements such as seats, tables, umbrellas, planters, etc. i.Place outdoor refuse containers, orientate outdoor speakers, and locate ingress/egress in a way that mitigates potential noise, smell, and visual ambient impacts on neighbors. j.Outdoor Dining shall be subject to all other applicable City Code regulations, as amended, including, but not limited to, noise (Chapter 36), alcohol (Chapter 4), and Certificate of Use (Chapter 2). Approval Process 1.Outdoor Dining shall be By Right when: a.Wholly contained within the First and/or Second Layer; and b.Placed on the Ground Level; and c.Not located within the Miami Modern (MiMo) / Biscayne Boulevard (BiBo) Historic District; and d.When the following criteria are met: | | | | --- | --- | | Scale | Criteria | | I.Micro | Up to ten (10) seats; when Abutting a T3 Transect Zone no outside music or amplified noise. | | II.Small | Up to twenty (20) seats; except when Abutting a T3 Transect Zone. | | III.Medium | Up to fifty (50) seats; when all the following are met:
a.Located:
i.Within a TOD; and/or
ii.Directly fronting a thoroughfare that qualifies as a Transit Corridor; and/or
iii.Within the Downtown Development Authority (“DDA”) boundary; and/or
iv.Within the Urban Central Business District; and/or
v.Within a SpecialtyDistrict (as defined in Chapter 4 of the City Code); and/or
vi.Within an Entertainment District (as defined in Chapter 4 of the City Code); and/or
vii.Within a D1 or D2 Transect.
b.Greater than 150 feet from a T3 Transect Zone or 75 feet with no outside music or amplified noise. (Distances measured from the Property line.) | | IV.Large | Fifty-one (51) seats or more; approval may be by process of Warrant. | 2.When the above By Right criteria are not met, approval may be by process of Warrant. 3.Prior to operating the Outdoor Dining, the following approvals shall be obtained: a.Building permit, that includes compliance with accessibility and life safety standards; and b.Certificate of Occupancy; and c.Certificate of Use, reflecting the Outdoor Dining Use. 4.Warrant applications shall be reviewed per the criteria set out in Article 7, Section 7.1.2.4 and reference a concurrent Building Permit application. 5.Any Outdoor Diningassociated with an existing Alcohol Service Establishment that essentially results in an expansion of the Alcohol Service Establishment shall require an Exception or Warrant, as applicable pursuant to Article 4, Table 3 and/or Chapter 4 of the City Code, as amended, titled “Alcoholic Beverages,” to authorize alcohol service within the Outdoor Dining area.” Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinanceisdeclaredinvalid,theremainingprovisionsofthisOrdinanceshallnotbeaffected. Section 4.The City Commission approves that the provisions of this Ordinance shall become and be made a part of the Miami 21 Code, which provisions may be renumberedorreletteredandthattheword“Ordinance”maybechangedto“Section,”“Article,” or other appropriate word to accomplish such intention. Section 5. This Ordinance shall become effective ten (10) days after adoption by the City Commission.