Standards and criteria for application review.
Miami City Code § 54-227
in effectSec. 54-227. - Standards and criteria for application review.
The following standards and criteria shall be used in reviewing the drawing required in subsection 54-225(a)(5):
(1) Sidewalk and/or street cafes are restricted to the frontage of the licensed restaurant or food service establishment to which the permit is issued; or within the contiguous frontage of the building where the licensed restaurant or food service establishment is located, provided that written approval is supplied by the building owner and any affected lessee.
(2) No tables and chairs will be permitted within five feet of a pedestrian crosswalk, fire hydrant, bus stop, taxistand, or counter service window.
(3) Sidewalks shall be a minimum of nine feet in width, not including the curb. Subject to written approval of the property owner, a warrant issued in accordance with the Miami 21 Code and approval of the director of the resilience and public works department, or his/her designee, a portion of the required nine feet of width may be provided on an Americans with Disabilities Act ("ADA") compliant sidewalk located on private property abutting the right-of-way line. All regulations stated in this article, except the permit fee, shall be applicable to any areas of private property included in the sidewalk permit application.
(4) Sidewalk cafes shall be located in such a manner that a minimum five-foot-wide clear pedestrian path is maintained at all times. In areas of congested pedestrian activity, the director is authorized to require a wider pedestrian path, as circumstances dictate. The pedestrian path zone surrounding the sidewalk cafe area shall not be encumbered in any way by the placement of menu boards, planters, or bicycles affixed or leaned against the sidewalk cafe enclosure. Menu boards will be allowed within the sidewalk cafe footprint and shall have no advertising other than the menu and restaurant information.
(5) Street cafes shall be protected and separated from traffic at all times with American Association of State Highway Transportation Officials' ("AASHTO") approved temporary water filled barriers, temporary concrete barrier systems, or other AASHTO approved traffic impact products to form a physical barrier around the street cafe perimeter to be paid for and maintained by the permittee. All physical barriers shall not be more than 36 inches in height. Items placed along the perimeter of a street cafe shall not be located within street intersection visibility triangle as defined in section 54-1 of the City Code and shall not reduce the existing travel lanes' width. Proposed material and design of screening shall be paid for and maintained by the permittee upon approval by the resilience and public works department. No rigid materials are permitted to be used along the traffic side of the temporary barriers. Glare screens shall not be permanently attached to the barrier walls and may require removal during non-business hours. Endorsements/advertising are not permitted on enclosures, umbrellas, tableware, and covers except for the name and/or logo of the restaurant and/or government, business improvement district, community development agency, or special district entity.
(6) Objects used to form a physical barrier around the sidewalk cafe perimeter shall be permitted upon approval by the resilience and public works department. All physical barriers shall have a two-foot clear path every 25 feet and shall not be more than 36 inches in height. Items placed along the perimeter of a sidewalk cafe shall not be located within street intersection visibility triangles as defined in section 54-1 of the City Code. Proposed materials and design shall be approved by the resilience and public works department prior to placement by the permittee. No obstructions of stormwater structures or gutters are allowed at any time. Glare screens shall not be permanently attached to the sidewalk, shall not be more than 36 inches in height, and shall be removed during non-business hours. Endorsements/advertising are not permitted on enclosures, umbrellas, tableware, and covers except for the name and/or logo of the restaurant and/or government, business improvement district, community development agency, or special district entity, as applicable.
(7) No portion of any object placed in the sidewalk cafe shall extend into the five-foot pedestrian path.
(8) Tables, chairs, umbrellas, decking, and any other objects provided with the sidewalk and/or street cafe shall be of quality design, materials, and technique; both to ensure the safety and convenience of users, and to enhance the visual and aesthetic quality of the urban environment. Design, materials, and colors shall be harmonious with an urban environment so as to reduce visual clutter and enhance aesthetics. Landscape maintenance must be done on a regular basis to ensure the health of plant materials.
(9) Awnings, umbrellas and other decorative material shall be fire retardant pressure treated, or manufactured of fire resistive material.
(10) In certain areas within city where streetscape enhancements have been installed changes are not permitted to the sidewalk paving and must not be damaged by enclosures, signage, etc. Sidewalk and/or street cafe owner shall preserve and protect all existing trees and plantings in the public right-of-way to the satisfaction of the resilience and public works department and replace, entirely at the permittee's expense, any trees that are damaged as a result of the sidewalk and/or street cafe. Trees shall not be used to support wires or to place any signs, screws, nails, staple, ropes, brackets, banding or other hardware.
(11) Sidewalk cafe furnishings and fixtures, including any required bar unit, servers' work station, or greeting stations shall be portable and shall not be permanently attached to the wall of the abutting building, the sidewalk, or screen. Bus stations shall not be permitted.
(12) Umbrella height must be 84 inches above the sidewalk (highest point of the sidewalk if not level).
(13) A greeting station can be located closer to the sidewalk, but shall remain within the confines of the sidewalk cafe footprint and a clear path maintained for an unobstructed access to the main entrance, and along the pedestrian clear path area.
(14) Planters may be placed within the sidewalk and/or street cafe but must be secured to ensure that they do not move. If planters are on wheels they must be locked.
(15) Umbrellas and screens may be supported by a socket in the sidewalk. The resilience and public works department must approve the coring and capping method in advance and holes must be filled or capped when not in use.
(16) Lighting, fans and heaters are optional items. Light levels shall be low and only directed towards the sidewalk cafe and not the street. Lighting, fans, and heaters shall comply with established standards and criteria and with all applicable codes.
(17) All portions of the sidewalk cafe that are located on private property not within the public right-of-way shall comply with city zoning regulations.
(Ord. No. 9848, § 1, 6-14-84; Ord. No. 10217, § 1, 1-8-87; Ord. No. 10693, § 1, 1-11-90; Ord. No. 10854, § 1, 3-14-91; Code 1980, § 54-114; Ord. No. 13123, § 2, 1-14-10; Ord. No. 13585, § 2, 1-14-16; Ord. No. 13676, § 2, 4-27-17; Ord. No. 13792, § 1, 10-11-18; Ord. No. 14035, § 2, 11-18-21)
Source: City of Miami, Florida, City Code, City Charter, Special Acts and Related General Laws (Municode Library, library.municode.com)URL: https://library.municode.com/fl/miami/codes/code_of_ordinances?nodeId=PTIITHCO_CH54STSI_ARTVISISTCA_S54-227STCRAPREFetched: 11/1/2026