Ord 25-98ORDINANCE NO. 25-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ARTICLE 6.3, "USE
AND WORK IN THE PUBLIC RIGHT-OF-WAY", SECTION
6.3.3, SIDEWALK CAFE", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, BY ADDING
AN APPLICABILITY SECTION; PROVIDING THAT A SKETCH
PLAN AS OPPOSED TO A SITE PLAN SHALL BE SUBMITTED
WITH A PERMIT APPLICATION; EXPANDING THE GEOGRAPHIC
AREA IN WHICH A SIDEWALK CAFE MAY BE PERMITTED TO
INCLUDE ALL ZONING DISTRICTS IN WHICH RESTAURANTS
ARE ALLOWED; AMENDING THE REGULATIONS GOVERNING THE
USE, DESIGN AND MAINTENANCE OF A SIDEWALK CAFE;
PROVIDING FOR AN INCREASE IN THE AMOUNT OF
INSURANCE COVERAGE REQUIRED TO BE FURNISHED BY A
PERMITTEE; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the proposed text amendment at a public hearing
on June 15, 1998, and forwarded the change with a recommendation of
approval by a vote of 6 to 1; and
WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change is consistent with and furthers the
objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Six, "Infrastructure and Public
Property", Article 6.3, "Use and Work in the Public Right-of-Way",
Section 6.3.3, "Sidewalk Cafe", of the Land Development Regulations
of the City of Delray Beach, Florida, be, and the same is hereby
amended to read as follows:
Section 6.3.3 Sidewalk Cafe: A sidewalk cafe is a group of tables
and chairs and permitted decorative and accessory devices situated
and maintained upon the sidewalk and used for the consumption of food
and beverages sold to the public from an adjoining business.
Sidewalk cafes allowed only when in compliance with this section.
(A) Permit Required: It shall be unlawful for any person
to establish a sidewalk cafe at any site unless a valid permit to
operate a sidewalk cafe has been obtained for that site, from the
City pursuant to this section. The permit shall be requested on a
form which shall be provided by the City Engineer upon request. No
permit shall be issued until all the requirements of the section have
been met. Permits shall not be transferable.
(B) Applicability: The provisions of this section shall
apply to all existing and proposed sidewalk cafes located within a
street right-of-way. However, sidewalk cafes which exist as of July
1, 1998, shall have 90 days to comply with the provisions of this
section, including the requirement to obtain a permit.
(~) Required Information: In addition to the required
permit application and permit fee, the following must be provided at
the time the application is submitted:
(1) A copy of a valid occupational license;
(2) A ~ sketch plan of the area between the store
front and vehicular travel surface, drawn to a minimum scale of 1" =
10' which shows:
** The store front and all openings (doors,
windows);
The location of curb, sidewalk, and any
utility poles, fire hydrants, landscaping,
or other items within the right-of-way and
private property, between the curb and the
store front;
The location of any of the above items which
are within six feet (6') of the ends of the
proposed use area; and the location of
parking spaces (or use of the street)
adjacent to the proposed use area;
** Clear delineation of the boundary between
private property and the right-of-way;
Delineation of "clear pathways" and "clear
distances" as required by subsection (5);
** Proposed location of chairs, tables, and
other private features;
Photographs and/or manufacturer brochures
depicting the chairs, tables, umbrellas and
other private features including, but not
limited to, lighting to be used in the
proposed sidewalk cafe area.
(3) Proof of insurance and a hold harmless agreement
in a form acceptable to the City Attorney.
- 2 - Ord. No. 25-98
(gm) Processing: The City Engineer shall review the permit
application for compliance with this section and shall issue permits
accordingly. The action of the City Engineer may be appealed
pursuant to Section 2.4.7(E).
(~) Geographic Limitation: A permit for a sidewalk cafe
~ may be issued within those zoninq districts which allow
restaurants, subject to any limitations or restrictions of the
particular district.~/~~/~/¢~~/~~/~~/~¢~
(~E) Regulations Governing the Use, Design and Maintenance
of a Sidewalk Cafe:
(1) A sidewalk cafe shall only be established in
conjunction with a legally established restaurant and/or takeout food
store, where the food product is prepared, processed or assembled on
the premises (for example: deli, ice cream store, sandwich shop).
(2) A sidewalk cafe may only be established in front
of the business and such businesses immediately adjacent to the
business with which the sidewalk cafe is associated. The sidewalk
cafe operator must receive the permission, in a form acceptable to
the City, from adjacent businesses before establishing the sidewalk
cafe in front of such adjacent businesses.
(3) Alcoholic beverages may be consumed at a sidewalk
cafe.
(4) The use of the tables and chairs at a sidewalk
cafe shall be only for the customers of the business with which the
sidewalk cafe is associated.
(5) A clear pathway, parallel with the street, with a
minimum width of five feet (5') shall be maintained for through
pedestrian traffic. A greater width may be required as a condition
of approval.
(6) A clear distance with a minimum of five feet (5')
shall be provided from any alley, crosswalk, fire hydrant, or similar
situation. A greater clear distance may be required as a condition
of approval.
(7) In addition to previously approved business
signs, the sidewalk cafe may have the following advertising signs: ~
menu boards on the tables and logos upon table umbrellas. These
items shall not require further Site Plan Review and Appearance Board
approval and are an exemption to requirements with the City's sign
code.
- 3 - Ord. No. 25-98
(8) Use area and/or seating capacity realized through
a sidewalk cafe use and contiguous outdoor dining areas shall not
invoke provisions of the zoning code as they pertain to parking or
other matters.
(9) Food may be carried to tables by patrons or
served by a table waiter. Food shall not be prepared in the sidewalk
cafe area.
(10) Hours of operation shall be the same as the
associated businesses.
(11) The permit may be suspended upon written notice
of the City Manager or his/her designee of the sidewalk cafe, and
removal may be ordered by the City when repairs necessitate such
action. The City, however, may immediately remove or relocate all or
parts of the sidewalk cafe or order said removal or relocation in
emergency situations, without written notice.
(12) Tables, chairs, umbrellas, and any other objects
provided within a sidewalk cafe shall be maintained in a clean and
attractive manner and shall be in good repair at all times, ensuring
a tidy and neat appearance. Tables and chairs shall be moved inside
the buildinq, or stacked neatly aqainst the buildinq, at the close of
each business day.
(13) The sidewalk area covered by the permit shall be
maintained in a neat and orderly manner at all times and the area
shall be cleared of all debris and stains on a periodic basis during
the day and again at the close of each business day, ensuring a tidy
appearance.
(14) No tables, chairs, or any other part of sidewalk
cafes shall be attached, chained, or in any manner affixed to any
tree, post, sign or other fixtures, curb or sidewalk within or near
the permitted area.
(~_G) Liability and Insurance:
(1) Prior to the issuance of a permit, the applicant
shall furnish a signed statement that the permittee shall hold
harmless the City, its officers and employees and shall indemnify the
City, its officers and employees from any claims for damages to
property or injury to persons which may be occasioned by any activity
carried on under the terms of the permit.
- 4 - Ord. No. 25-98
(2) Permittee shall furnish insurance and insurance
certificate and maintain such public liability, food products
liability, and property damage insurance from all claims and damages
to property or bodily injury, including death, which may arise from
operations under the permit or in connection therewith. Such
insurance shall provide coverage of not less than one million dollars
($1,000,000) ~ /~~/~~ /~~ /~9/999~ for bodily
injury, and property damage respectively, per occurrence. Such
insurance shall name the City, its officers and employees as
additional insureds and shall further provide that the policy shall
not terminate or be canceled without thirty (30) days written notice
to the City.
(~) Denial, Revocation or Suspension of Permit; Removal
and Storage Fees; Concurrent Jurisdiction of the Code Enforcement
Board:
(1) The City Manager or his/her designee may deny,
revoke or suspend a permit of any sidewalk cafe in the City if it is
found that:
(a)
Any necessary business or health permit has
either been suspended, revoked or canceled,
or has lapsed.
(b)
The permittee does not have insurance which
is correct and effective.
(c)
Changing conditions of pedestrian or
vehicular traffic cause congestion
necessitating removal of the sidewalk cafe
in order to avoid danger to the health,
safety or general welfare of pedestrians or
vehicular traffic.
(d)
The permittee has failed to correct
violations of this subchapter or conditions
of permitting within three (3) days of
receipt of written notice of same.
(2) The City may remove or relocate or order the
removal or relocation of tables and chairs and other vestiges of the
sidewalk cafe and a reasonable fee charged for labor, transportation
and storage, should the permittee fail to remove said items within
thirty-six (36) hours of receipt of the written notice from the City
Manager ordering removal or relocation. However, in the event of an
emergency, no written notice of relocation or removal shall be given
and relocation and/or removal shall commence immediately.
- 5 - Ord. No. 25-98
(3) The permittee may appeal the order of the City
Manager pursuant to Section 6.3.3(I), below.
(4) The Code Enforcement Board shall have concurrent
jurisdiction over violations of this subchapter, but may only assess
fines for noncompliance with the requirements of this subchapter.
(I) Appeals.
(1) Appeals of the decision of the City Manager or
his/her designee shall be initiated within ten (10) days of a permit
denial, revocation or suspension, or of an order of removal or
relocation, by filing a written notice of appeal with the City
Manager.
(2) The City Manager shall place the appeal on the
first available regular City Commission agenda. At the hearing on
appeal, the City Commission shall hear and determine the appeal, and
the decision of the City Commission shall be final and effective
immediately.
(3) The filing of a notice of appeal by a permittee
shall not stay an order of the City Manager or his/her designee
regarding the suspension, revocation or denial of the permit, or the
relocation or removal of the vestiges of the sidewalk cafe. Vestiges
of the sidewalk cafe shall be removed as set forth in this
subchapter, pending disposition of the appeal and the final decision
of the City Commission.
(4) Appeals from the decision of the Code Enforcement
Board shall be to the circuit court and not to the City Commission.
Section 2. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective
immediately upon its passage on second and final reading.
- 6 - Ord. No. 25-98
PASSED AND ADOPTED in regular session on second and final
reading on this the 21st day of July , 1998.
ATTEST:
- City C~erk -
First Reading July 7, 1998
Second Reading July 21, 1998
- 7 ~ Ord. No. 25-98
ORDINANCE NO. 25-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ARTICLE 6.3, "USE
AND WORK IN THE PUBLIC RIGHT-OF-WAY", SECTION
6.3.3, SIDEWALK CAFE", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, BY ADDING
AN APPLICABILITY SECTION; PROVIDING THAT A SKETCH
PLAN AS OPPOSED TO A SITE PLAN SHALL BE SUBMITTED
WITH A PERMIT APPLICATION; EXPANDING THE GEOGRAPHIC
AREA IN WHICH A SIDEWALK CAFE MAY BE PERMITTED TO
INCLUDE ALL ZONING DISTRICTS IN WHICH RESTAURANTS
ARE ALLOWED; AMENDING THE REGULATIONS GOVERNING THE
USE, DESIGN AND MAINTENANCE OF A SIDEWALK CAFE;
PROVIDING FOR AN INCREASE IN THE AMOUNT OF
INSURANCE COVERAGE REQUIRED TO BE FURNISHED BY A
PERMITTEE; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the proposed text amendment at a public hearing
on June 15, 1998, and forwarded the change with a recommendation of
approval by a vote of 6 to 1; and
WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change is consistent with and furthers the
objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Six, "Infrastructure and Public
Property", Article 6.3, "Use and Work in the Public Right-of-Way",
Section 6.3.3, "Sidewalk Cafe", of the Land Development Regulations
of the City of Delray Beach, Florida, be, and the same is hereby
amended to read as follows:
Section 6.3.3 Sidewalk Cafe: A sidewalk cafe is a group of tables
and chairs and permitted decorative and accessory devices situated
and maintained upon the sidewalk and used for the consumption of food
and beverages sold to the public from an adjoining business.
Sidewalk cafes allowed only when in compliance with this section.
(A) Permit Required: It shall be unlawful for any person
to establish a sidewalk cafe at any site unless a valid permit to
operate a sidewalk cafe has been obtained for that site, from the
City pursuant to this section. The permit shall be requested on a
form which shall be provided by the City Engineer upon request. No
permit shall be issued until all the requirements of the section have
been met. Permits shall not be transferable.
(B) Applicability: The provisions of this section shall
apply to all existing and proposed sidewalk cafes located within a
street riGht-of-way. However, sidewalk cafes which exist as of July
1, 1998, shall have 90 days to comply with the provisions of this
section, including the requirement to obtain a permit.
(~) Required Information: In addition to the required
permit application and permit fee, the following must be provided at
the time the application is submitted:
(1) A copy of a valid occupational license;
(2) A ~ sketch plan of the area between the store
front and vehicular travel surface, drawn to a minimum scale of 1" =
10' which shows:
** The store front and all openings (doors,
windows);
** The location of curb, sidewalk, and any
utility poles, fire hydrants, landscaping,
or other items within the right-of-way and
private property, between the curb and the
store front;
The location of any of the above items which
are within six feet (6') of the ends of the
proposed use area; and the location of
parking spaces (or use of the street)
adjacent to the proposed use area;
Clear delineation of the boundary between
private property and the right-of-way;
Delineation of "clear pathways" and "clear
distances" as required by subsection (5);
Proposed location of chairs,
other private features;
tables, and
Photographs and/or manufacturer brochures
depicting the chairs, tables, umbrellas and
other private features including, but not
limited to, lighting to be used in the
proposed sidewalk cafe area.
(3) Proof of insurance and a hold harmless agreement
in a form acceptable to the City Attorney.
- 2 - Ord. No. 25-98
(g~) Processing: The City Engineer shall review the permit
application for compliance with this section and shall issue permits
accordingly. The action of the City Engineer may be appealed
pursuant to Section 2.4.7(E).
(~) Geographic Limitation: A permit for a sidewalk cafe
~ ma~ be issued within those zoninq districts which allow
restaurants, subject to any limitations or restrictions of the
particular district.~/~~/~/~~/~~/~~/~
(EE) Regulations Governing the Use, Design and Maintenance
of a Sidewalk Cafe:
(1) A sidewalk cafe shall only be established in
conjunction with a legally established restaurant and/or takeout food
store, where the food product is prepared, processed or assembled on
the premises (for example: deli, ice cream store, sandwich shop).
(2) A sidewalk cafe may only be established in front
of the business and such businesses immediately adjacent to the
business with which the sidewalk cafe is associated. The sidewalk
cafe operator must receive the permission, in a form acceptable to
the City, from adjacent businesses before establishing the sidewalk
cafe in front of such adjacent businesses.
(3) Alcoholic beverages may be consumed at a sidewalk
cafe.
(4) The use of the tables and chairs at a sidewalk
cafe shall be only for the customers of the business with which the
sidewalk cafe is associated.
(5) A clear pathway, parallel with the street, with a
minimum width of five feet (5') shall be maintained for through
pedestrian traffic. A greater width may be required as a condition
of approval.
(6) A clear distance with a minimum of five feet (5')
shall be provided from any alley, crosswalk, fire hydrant, or similar
situation. A greater clear distance may be required as a condition
of approval.
(7) In addition to previously approved business
signs, the sidewalk cafe may have the following advertising signs: ~
menu boards on the tables and logos upon table umbrellas. These
items shall not require further Site Plan Review and Appearance Board
approval and are an exemption to requirements with the City's sign
code.
- 3 - Ord. No. 25-98
(8) Use area and/or seating capacity realized through
a sidewalk cafe use and contiguous outdoor dining areas shall not
invoke provisions of the zoning code as they pertain to parking or
other matters.
(9) Food may be carried to tables by patrons or
served by a table waiter. Food shall not be prepared in the sidewalk
cafe area.
(10) Hours of operation shall be the same as the
associated businesses.
(11) The permit may be suspended upon written notice
of the City Manager or his/her designee of the sidewalk cafe, and
removal may be ordered by the City when repairs necessitate such
action. The City, however, may immediately remove or relocate all or
parts of the sidewalk cafe or order said removal or relocation in
emergency situations, without written notice.
(12) Tables, chairs, umbrellas, and any other objects
provided within a sidewalk cafe shall be maintained in a clean and
attractive manner and shall be in good repair at all times, ensuring
a tidy and neat appearance. Tables and chairs shall be moved inside
the buildinq, or stacked neatly aqainst the buildinq, at the close of
each business day.
(13) The sidewalk area covered by the permit shall be
maintained in a neat and orderly manner at all times and the area
shall be cleared of all debris and stains on a periodic basis during
the day and again at the close of each business day, ensuring a tidy
appearance.
(14) No tables, chairs, or any other part of sidewalk
cafes shall be attached, chained, or in any manner affixed to any
tree, post, sign or other fixtures, curb or sidewalk within or near
the permitted area.
(~) Liability and Insurance:
(1) Prior to the issuance of a permit, the applicant
shall furnish a signed statement that the permittee shall hold
harmless the City, its officers and employees and shall indemnify the
City, its officers and employees from any claims for damages to
property or injury to persons which may be occasioned by any activity
carried on under the terms of the permit.
- 4 - Ord. No. 25-98
(2) Permittee shall furnish insurance and insurance
certificate and maintain such public liability, food products
liability, and property damage insurance from all claims and damages
to property or bodily injury, including death, which may arise from
operations under the permit or in connection therewith. Such
insurance shall provide coverage of not less than one million dollars
($1,000,000) ~ /~~ /~~ /~~ /~l~ for bodily
injury, and property damage respectively, per occurrence. Such
insurance shall name the City, its officers and employees as
additional insureds and shall further provide that the policy shall
not terminate or be canceled without thirty (30) days written notice
to the City.
(~) Denial, Revocation or Suspension of Permit; Removal
and Storage Fees; Concurrent Jurisdiction of the Code Enforcement
Board:
(1) The City Manager or his/her designee may deny,
revoke or suspend a permit of any sidewalk cafe in the City if it is
found that:
(a)
Any necessary business or health permit has
either been suspended, revoked or canceled,
or has lapsed.
(b)
The permittee does not have insurance which
is correct and effective.
(c)
Changing conditions of pedestrian or
vehicular traffic cause congestion
necessitating removal of the sidewalk cafe
in order to avoid danger to the health,
safety or general welfare of pedestrians or
vehicular traffic.
(d)
The permittee has failed to correct
violations of this subchapter or conditions
of permitting within three (3) days of
receipt of written notice of same.
(2) The City may remove or relocate or order the
removal or relocation of tables and chairs and other vestiges of the
sidewalk cafe and a reasonable fee charged for labor, transportation
and storage, should the permittee fail to remove said items within
thirty-six (36) hours of receipt of the written notice from the City
Manager ordering removal or relocation. However, in the event of an
emergency, no written notice of relocation or removal shall be given
and relocation and/or removal shall commence immediately.
- 5 - Ord. No. 25-98
(3) The permittee may appeal the order of the City
Manager pursuant to Section 6.3.3(I), below.
(4) The Code Enforcement Board shall have concurrent
jurisdiction over violations of this subchapter, but may only assess
fines for noncompliance with the requirements of this subchapter.
( I ) Appeals.
(1) Appeals of the decision of the City Manager or
his/her designee shall be initiated within ten (10) days of a permit
denial, revocation or suspension, or of an order of removal or
relocation, by filing a written notice of appeal with the City
Manager.
(2) The City Manager shall place the appeal on the
first available regular City Commission agenda. At the hearing on
appeal, the City Commission shall hear and determine the appeal, and
the decision of the City Commission shall be final and effective
immediately.
(3) The filing of a notice of appeal by a permittee
shall not stay an order of the City Manager or his/her designee
regarding the suspension, revocation or denial of the permit, or the
relocation or removal of the vestiges of the sidewalk cafe. Vestiges
of the sidewalk cafe shall be removed as set forth in this
subchapter, pending disposition of the appeal and the final decision
of the City Commission.
(4) Appeals from the decision of the Code Enforcement
Board shall be to the circuit court and not to the City Commission.
Section 2. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective
immediately upon its passage on second and final reading.
- 6 - Ord. No. 25-98
PASSED AND ADOPTED in regular session on second and final
reading on this the 21st
ATTEST:
- City C]ferk r !
day of
July , 1998.
M~W~OR ---
First Reading July 7, 1998
Second Reading July 21, 1998
- 7 - Ord. No. 25-98
M E M 0 R A N,D U M
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
AGENDA ITEM #/0D- - REGULAR MEETING OF JULY 21, 1998
ORDINANCE NO. 25-98 /SIDEWALK CAFES/
JULY 17, 1998
This is second reading and the second public hearing for Ordinance
No. 25-98 which amends the regulations governing the use, design
and maintenance of sidewalk cafes. The proposed changes are
outlined in the attached Planning Department memorandum.
The Planning and Zoning Board considered the text amendment at a
public hearing on June 15, 1998. The original proposal would have
limited the location of the clear pedestrian path to the street
side of the sidewalk; however, the Board amended that provision in
favor of one that requires only that the five foot wide clear
pedestrian path be parallel to the street. The Board also felt
that the required insurance coverage should be increased from
$300,000 to $1,000,000. The text as recommended by the Planning
and Zoning Board (6 to 1 vote, Robin Bird dissenting) is reflected
in Ordinance No. 25-98.
At first reading and the first public hearing on July 7, 1998, Mr.
Steven Pizzi with Goodness Gracious Cafe submitted a petition in
support of sidewalk cafes (copy attached). After discussion, the
Commission passed the ordinance with a 4 to 0 vote. A copy of the
minutes of that discussion is also included in the background
material.
Recommend approval of Ordinance No. 25-98 on second and final
reading.
ref:agmemol7
Cl~ COMMISSION DOCUMENTATION
TO:
FROM:
SUBJECT:
D~,~~~'r~,,.. MANAGER
PAUL DORLING, AC{/I'I~IG DIRECTOR OF PLANNING AND ZONING
MEETING OF JULY 7, 1998
APPROVAL OF AN AMENDMENT TO THE LAND DEVELOPMENT
REGULATIONS SECTION 6.3.3, SIDEWALK CAFES
BACKGROUND
Sidewalk cafes, located in the public right-of-way, have become an important aspect of the
revitalization of the downtown. Their expanding presence, while desirable, has highlighted the
need for additional controls to assure that the public sidewalks are kept clean, safe and orderly,
and that a clear pedestrian pathway is maintained. The proposed changes to the Land
Development Regulations (LDR) address these issues as follows:
· The required five foot wide clear pathway for pedestrian traffic is clarified to be parallel to the
street.
· Tables and chairs are required to be moved inside the building or stacked neatly against the
building at the close of each business day.
· The sidewalk is required to be cleaned, including stains, each day.
· The area in which sidewalk cafes may be permitted is expanded to include all zoning districts
in which restaurants are allowed.
· The permissibility of menu boards is clarified to be limited to those located on tables.
· Required insurance coverage is increased from $300,000 to $1,000,000.
· An applicability section is added whereby the regulations apply to existing and proposed
sidewalk cafes, and gives existing cafes 90 days in which to comply.
· The requirement to submit a site plan is changed to a sketch plan, which is less expensive to
produce.
Additional background and analysis can be found in the attached Planning and Zoning Board
Staff Report.
PLANNING AND ZONING BOARD CONSIDERATION
The Planning and Zoning Board considered the text amendment at a public hearing on June 15,
1998. Testimony was received from Mr. Steven Pizzi, who objected to proposed changes that
would have limited the location of the clear pedestrian path to the street side of the sidewalk,
requiring all tables to be located on the portion of the sidewalk closest to the building. In
discussion, the Board agreed to eliminate that provision in favor of one that requires only that the
pedestrian path be parallel to the street. The Board also determined that the current level of
insurance coverage required is insufficient, and recommended it be changed to $1,000,000,
consistent with other cities which allow sidewalk cafes. The Board then recommended approval
of the amendment, on a 6-1 vote (Robin Bird dissenting), with the modifications discussed. The
text as recommended by the Planning and Zoning Board is shown in Attachment "A".
RECOMMENDED ACTION
By motion, approve the attached amendment to LDR Section 6.3.3, Sidewalk Cafes, based on
positive findings with respect to LDR Section 2.4.5(M)(5).
Attachment "A"
S:~adv\cafe6
(4)
Amendment to the text of the Conservation Element
regarding the preparation of a program to preserve
or mitigate the development of Hurricane Pines
(environmental site on the south side of S.E. 10th
Street between Dixie and Federal Highways).
The City Manager presented Ordinance No. 24-98:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, ADOPTNG
COMPREHENSIVE PLAN AMENDMENT 98-1 PURSUANT TO
THE PROVISIONS OF THE "LOCAL GOVERNMENT
COMPREHENSIVE PLANNING AND LAND DEVELOPMENT
REGULATION ACT" FLORIDA STATUTES SECTIONS
163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"
ENTITLED "COMPREHENSIVE PLAN AMENDMENT 98-1"
AND INCORPORATED HEREIN BY REFERENCE; PROVID-
ING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 24-98 is on file in
the City Clerk's office.)
The City Attorney read the caption of the ordinance.
She stated Ordinance No. 24-98 is before the Commission for
consideration on first reading and a public hearing for the
transmittal of Comprehensive Plan Amendment 98-1, although a
request for a continuance has been received from the Seacrest
Homeowners Association.
Mayor Alperin opened the public hearing and asked if
there was anyone present who wished to give public input this
evening? There being no one who wished to address the Commis-
sion, Mayor Alperin asked for a motion to continue the transmit-
tal hearing on Comprehensive Plan Amendment 98-1 and considera-
tion of Ordinance No. 24-98 on first reading to the date certain
of July 21, 1998, at 7:00 p.m. in the City Commission Chambers.
Mr. Randolph so moved, seconded by Mr. Schmidt. Upon
roll call the Commission voted as follows: Mr. Randolph - Yes;
Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Ellingsworth - Yes.
Said motion passed with a 4 to 0 vote.
10.B. ORDINANCE NO. 25-98 (FIRST READING/FIRST PUBLIC HEAR-
ING): An ordinance amending LDR Section 6.3.3 pertaining to the
use, design and maintenance of sidewalk cafes. If passed, a
second public hearing will be scheduled for July 21, 1998.
The City Manager presented Ordinance No. 25-98:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
ARTICLE 6.3, "USE AND WORK IN THE PUBLIC
-13- 7-07-98
RIGHT-OF-WAY", SECTION 6.3.3, SIDEWALK CAFE",
OF THE LAND DEVELOPMENT REGULATIONS OF THE
CITY OF DELRAY BEACH, BY ADDING AN APPLICA-
BILITY SECTION; PROVIDING THAT A SKETCH PLAN
AS OPPOSED TO A SITE PLAN SHALL BE SUBMITTED
WITH A PERMIT APPLICATION; EXPANDING THE
GEOGRAPHIC AREA IN WHICH A SIDEWALK CAFE MAY
BE PERMITTED TO INCLUDE ALL ZONING DISTRICTS
IN WHICH RESTAURANTS ARE ALLOWED; AMENDING
THE REGULATIONS GOVERNING THE USE, DESIGN AND
MAINTENANCE OF A SIDEWALK CAFE; PROVIDING FOR
AN INCREASE IN THE AMOUNT OF INSURANCE
COVERAGE REQUIRED TO BE FURNISHED BY A
PERMITTEE; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 25-98 is on file in
the City Clerk's office.)
The City Attorney read the caption of the ordinance. A
public hearing was held having been legally advertised in compli-
ance with the laws of the State of Florida and the Charter of the
City of Delray Beach, Florida.
Mayor Alperin declared the public hearing open.
Steven Pizzi, owner of Goodness Gracious Cafe located
at 514 East Atlantic Avenue, submitted a petition signed by
business and professional people located in the Central Business
District in support of the cafe tables remaining outside of his
business. He stated he has adhered to all of the regulations
proposed for sidewalk cafes.
There being no one else who wished to speak on this
item, the public hearing was closed.
Mr. Schmidt stated he has a concern about the change on
the five foot clear pathway with the tables being measured from
the front of the building to just a five foot pathway that runs
parallel to the street. The reason for his concern is that the
current regulations, while they have not been enforced, have been
on the books for a good period of time and as time has gone on,
certain restaurant owners seem to be taking advantage of it and
the tables are creeping farther and farther out to Atlantic
Avenue. In some spots you either have to walk in the street or
you can see a path through the landscape node because the tables
are so far out on the sidewalk, pedestrians have no room to walk.
Mr. Schmidt felt it would be better and more easily enforced to
have the measurement come out from the front of the building and
go from there five feet over to the curb.
Mayor Alperin commented that at first, the five foot
clear pathway from the curb looks like it will be adequate, but
-14- 7-07-98
that it is not enough if you have obstructions like light poles
or utility boxes within that five feet, so we really need the
five feet in addition to whatever space those utilities take up,
so that the five foot clear should be from the obstruction to the
first table.
John Walker, Project Coordinator, stated the text
amendment as currently proposed requires a five foot clear
pathway that is parallel to the street and clear of any obstruc-
tions. He noted that what could happen with the way it is
currently written is that you could have an area where you have
tables on both the left and right hand sides, but there is five
feet of clear sidewalk through the tables. This is what was
recommended by the Planning and Zoning Board, and Mr. Walker felt
it will give Code Enforcement the ability to assure there is the
five foot clear walking space. Under the proposed ordinance,
parallel to the street does not mean adjacent to the curb but it
does mean basically a straight line as opposed to having to
zigzag through tables.
Mayor stated he is disappointed the Commission has to
be dealing with this ordinance at all. He felt that businesses
should realize the benefit they are getting from having the
tables allowed outside in the first place without taking advan-
tage of it as some businesses appear to be doing. The ordinance
has become necessary because the Commission needs to protect the
public and use of public right-of-way because of the abuses which
have occurred. Mayor Alperin also expressed concern that service
staff may end up using the five foot clear space while serving
customers and could create partial obstructions. He felt this
was something the restaurants will have to look at and control to
make sure the wait staff does not obstruct the five feet, since
he would not want to see the Commission have to legislate that as
well.
On question from Mr. Ellingsworth, the City Manager
stated that the code enforcement officials have the ability to
issue citations in the form of a Notice to Appear in those cases
where there are repeat violations.
Mr. Schmidt moved to approve Ordinance No. 25-98 on
FIRST Reading, seconded by Mr. Randolph. Upon roll call the
Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt -
Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion
passed with a 4 to 0 vote.
There being no further business, Mayor Alperin declared
the meeting adjourned at 7:20 p.m.
ATTEST:
City Clerk
-15- 7-07-98
TO THE CITY OF DELRAY
WE THE UNDERSIGNED AS BUSINESS AND PROFESSIONAL PEOPLE
LOCATED IN THE CENTRAL BUSINESS DISTRICT OF DELRAY BEACH,
FLORIDA WISH TO EXPRESS OUR SUPPORT FOR THE CAFE TABLES TO
REMAIN OUTSIDE OF GOODNESS GRACIOUS CAFE LOCATED AT 514 EAST
ATLANTIC AVENUE.
GOODNESS GRACIOUS CAFE IS A RESPECTED, WELL ESTABLISHED
BUSINESS. THE CAFE TABLES HAVE BEEN LOCATED ON THE 500 BLOCK
OF ATLANTIC AVENUE FOR THE PAST FOUR YEARS AND ATTRACT CUSTOMERS
TO OUR AREA. THE CAFE IS VERY BUSY IN SEASON AND THESE TABLES
ARE ALWAYS BUSY. WE FEEL CUSTOMERS WOULD BE INCONVIENIECED BY
WAITING IN THE SUN FOR ANOTHER TABLE INSTEAD OF ENJOYING THEIR
FAVORITE OUTDOOR TABLE.
THANK YOU!
NAME~.., BU~SINESS AND ADDRESS
ATTACHMENT A
Sidewalk Cafe Regulations
Section 6.3.3 Sidewalk Cafe: A sidewalk cafe is a group of tables and
chairs and permitted decorative and accessory devices situated and maintained
upon the sidewalk and used for the consumption of food and beverages sold to
the public from an adjoining business. Sidewalk cafes allowed only when in
compliance with this Section.
(A) Permit Required: It shall be unlawful for any person to establish a
sidewalk cafe at any site unless a valid permit to operate a sidewalk cafe has
been obtained for that site, from the City pursuant to this Section. The permit
shall be requested on a form which shall be provided by the City Engineer upon
request. No permit shall be issued until all the requirements of the Section have
been met. Permits shall not be transferable.
(B) Applicability: The provisions of this section shall apply to all
existing and proposed sidewalk cafes located within a street right-of-way.
However, sidewalk cafes which exist as of July 1, 1998 shall have 90 days to
comply with the provisions of this section, including the requirement to obtain a
permit.
(CB) Required Information: In
application and permit fee, the following
application is submitted:
addition to the required permit
must be provided at the time the
(1) A copy of a valid occupational license;
(2) A sketch ~Ae plan of the area between the store front and
vehicular travel surface, drawn to a minimum scale of 1" = 10' which shows:
The store front and all openings (doors, windows);
The location of curb, sidewalk, and any utility poles,
fire hydrants, landscaping, or other items, within the
right-of-way and private property, between the curb
and the store front.
The location of any of the above items which are
within six feet (6') of the ends of the proposed use
area; and the location of parking spaces (or use of
the street) adjacent to the proposed use area;
Clear delineation of the boundary between private
property and the right-of-way;
Delineation of "clear pathways" and "clear distances"
as required by Subsection (5);
Proposed location of chairs, tables, and other private
featu res;
Photographs and/or manufacturer brochures
depicting the chairs, tables, umbrellas and other
private features including, but no limited to, lighting to
be used in the proposed sidewalk cafe area.
(3) Proof of Insurance and a Hold Harmless Agreement in a
form acceptable to the City Attorney.
(D_G) Processing: The City Engineer shall review the permit application
for compliance with this Section and shall issue permits accordingly. The action
of the City Engineer may be appealed pursuant to Section 2.4.7(E).
(ED) Geographic Limitation: A permit for a sidewalk cafe may shcll be
issued within those zoninq districts which allow restaurants, subiect to any
limitations or restrictions of the particular district. ""' ..... ..,~,.... ,~,.. ,.-...,,..., D, ,,....,,-,,.,.
(_FE-) Regulations Governincj the Use, Design, and Maintenance of a
Sidewalk Cafe:
(1) A sidewalk cafe shall only be established in conjunction with
a legally established restaurant and/or takeout food store, where the food
product is prepared, processed, or assembled on the premises (for example:
deli, ice cream store, sandwich shop).
(2) A sidewalk cafe may only be established in front of the
business and such businesses immediately adjacent to the business with which
the sidewalk cafe is associated. The sidewalk cafe operator must receive the
permission, in a form acceptable to the City, from adjacent businesses before
establishing the sidewalk cafe in front of such adjacent businesses.
(3) Alcoholic beverages may be consumed at a sidewalk cafe.
(4) The use of the tables and chairs at a sidewalk cafe shall be
only for the customers of the business with which the sidewalk cafe is
associated.
(5) A clear pathway, parallel with the street, with a minimum
width of five feet (5') shall be maintained for through pedestrian traffic. A greater
width may be required as a condition of approval.
(6) A clear distance with a minimum of five feet (5') shall be
provided from any alley, crosswalk, fire hydrant, or similar situation. A greater
clear distance may be required as a conditional of approval.
(7) In addition to previously approved business signs, the
sidewalk cafe may have the following advertising signs: a-menu boards on the
tables, and Iogos upon table umbrellas. These items shall not require further
Site Plan Review and Appearance Board approval and are an exemption to
requirements with the City's sign code.
(8) Use area and/or seating capacity realized through a
sidewalk cafe use and contiguous outdoor dining areas shall not invoke
provisions of the zoning code as they pertain to parking or other matters.
(9) Food may be carried to tables by patrons or served by a
table waiter. Food shall not be prepared in the sidewalk cafe area.
(10) Hours of operation shall be the same as the associated
businesses.
(11) The permit may be suspended upon written notice of the
City Manager or his/her designee of the sidewalk cafe, and removal may be
ordered by the City when repairs necessitate such action. The City however,
may immediately remove or relocate all or parts of the sidewalk cafe or order
said removal or relocation in emergency situations, without written notice.
(12) Tables, chairs, umbrellas, and any other objects provided
within a sidewalk cafe shall be maintained in a clean and attractive manner and
shall be in good repair at all times, ensuring a tidy and neat appearance. Tables
and chairs shall be moved inside the building, or stacked neatly against the
building, at the close of each business day.
(13) The sidewalk area, covered by the permit, shall be
maintained in a neat and orderly manner at all times and the area shall be
cleared of all debris and stains on a periodic basis during the day and again at
the close of each business day, ensuring a tidy appearance.
(14) No tables, chairs, or any other part of sidewalk cafes shall
be attached, chained, or in any manner affixed to any tree, post, sign or other
fixtures, curb or sidewalk within or near the permitted area.
(GF) Liability and Insurance:
(1) Prior to the issuance of a permit, the applicant shall fumish a
signed statement that the permittee shall hold harmless the City, its officers and
employees and shall indemnify the City, its officers and employees from any
claims for damages to property or injury to persons which may be occasioned by
any activity carried on under the terms of the permit.
(2) Permittee shall furnish insurance and insurance certificate
and maintain such public liability, food products liability, and property damage
insurance from all claims and damages to property or bodily injury, including
death, which may arise from operations under the permit or in connection
therewith. Such insurance shall provide coverage of not less than one million
($1 000) ~¢-~nn nnn~ for bodily injury,
dollars ,000, *"-'-'" "' '"'"~"~ *~' ...... '~ '~"'""'" ~,, ....... /
and property damage respectively, per occurrence. Such insurance shall name
the City, its officers and employees as additional insureds and shall further
provide that the policy shall not terminate or be canceled without thirty (30) days
written notice to the City.
(HG) Denial, Revocation, or Suspension of Permit; Removal and
Storage Fees; Concurrent Jurisdiction of the Code Enforcement Board:
(1) The City Manager or his/her designee may deny, revoke, or
suspend a permit of any sidewalk cafe in the City if it is found that:
(a) Any necessary business or health permit has either
been suspended, revoked, or canceled or has lapsed.
(b) The permittee does not have insurance which is
correct and effective.
(c)
Changing conditions of pedestrian or vehicular traffic
cause congestion necessitating removal of the
sidewalk cafe, in order to avoid danger to the health,
safety or general welfare of pedestrians or vehicular
traffic.
(d)
The permit-tee has failed to correct violations of this
subchapter or conditions of permitting within three (3)
days of receipt of written notice of same.
(2) The City may remove or relocate or order the removal or
relocation of tables and chairs and other vestiges of the sidewalk cafe and a
reasonable fee charged for labor, transportation, and storage, should the
permittee fail to remove said items within thirty-six (36) hours of receipt of the
written notice from the City Manager ordering removal or relocation. However, in
the event of an emergency, no written notice of relocation or removal shall be
given and relocation and/or removal shall commence immediately.
(3) The permittee may appeal the order of the City Manager
pursuant to Section 102.69.
(4) The Code Enforcement Board shall have concurrent
jurisdiction over violations of this subchapter, but may only assess fines for
noncompliance with the requirements of this subchapter.
S:\adv\cafe5
MEETING OF:
AGENDA ITEM:
June 15, 1998
IV. E. AMENDMENT TO LAND DEVELOPMENT REGULATIONS
SECTION 6.3.3, SIDEWALK CAFE
The item before the Board is that of making a recommendation to the City Commission
regarding a change in the regulations governing the use, design, and maintenance of a
sidewalk cafe.
Regulations governing the placement of sidewalk cafes in the right-of-way were
adopted in 1996. Since then, a number of such cafes have been established along
Atlantic Avenue. They have become an integral part of the visible redevelopment of the
Downtown, and are desired by both restaurants and their customers. Continuation of
clean, attractive sidewalk cafes is clearly positive, setting a casually elegant tone for
dining along the avenues of the City, and drawing an expanded customer base to the
area.
The very popularity of sidewalk cafes has highlighted the need for additional controls.
Outdoor tables are expanding into the pedestrian travel space of the sidewalk. Tables
and chairs are left out overnight, creating a cluttered look along the avenue. Sidewalk
cafe areas are not consistently cleaned, leaving litter and stains on the paver block
sidewalk. These problems are not widespread, or damaging to the point that sidewalk
cafes should be eliminated, but they do point out the need for stricter control and
enforcement. The needed control can be accomplished through modifications to the
existing regulations, and consistent enforcement of the permit requirements.
Overview Of Current Regulations
The regulations governing the use, design, and maintenance of sidewalk cafes, are
expressed in Section 6.3.3 of the Land Development Regulations. These regulations
refer only to the portion of a sidewalk cafe that is within the public right-of-way, and limit
sidewalk cafes to the Central Business District (CBD) zoning district. The highlights of
the regulations are paraphrased as follows:
P&Z Board Memorandum Staff Report
Amendment To The Land Development Regulations Section 6.3.3, Sidewalk Cafe
Page 2
A permit is required to establish and operate a sidewalk cafe. The permit process
includes a review of the occupational license of the applicant business, the plans for the
sidewalk cafe and its furniture (tables, chairs, umbrellas, etc.), and proof of insurance.
A sidewalk cafe may only be established in conjunction with an existing restaurant or
takeout food store. The cafe may only be established in front of the associated
business and those adjacent businesses which give the cafe operator written
permission. The use of the tables and chairs shall be only for customers of the
associated business. Hours of operation shall be the same as the associated business.
These requirements prohibit free-standing sidewalk cafe businesses, tie the operation
of a cafe to an established indoor business, and limit the expansion of the outdoor
seating onto unwilling neighbors.
A minimum five foot wide clear pathway is required to permit free movement of
pedestrian through traffic. A minimum five foot clearance is also required from alleys,
crosswalks and fire hydrants. These regulations are directed at maintaining public
safety and freedom of movement in the public right*of-way.
Advertising signs are restricted to a menu board and Iogos on table umbrellas.
Furniture for the sidewalk cafe must be maintained and cleaned, and may not be
permanently affixed. The sidewalk in the cafe area must also be maintained and
cleared of debris and litter. These regulations are meant to maintain a clean and
attractive appearance to the sidewalk cafe.
Insurance and a hold harmless agreement are required to protect the City from claims.
The City's approach to regulating sidewalk cafes in public rights-of-way is similar to that
of other local governments. Several Florida municipalities were contacted to identify
the common elements of regulations. The following table generalizes the regulatory
approach of four municipalities compared with Delray Beach. Notes which further
explain how sidewalk cafes are regulated can be found in Attachment 1.
De raY Ft Naples HO I~O~ west
~ Beach Lauderdate : Palm
BeaCh
Allowed in R/W under permit X x x X x
Geographic Restriction X X X
Clear Pathway Rec~uired X X X X X
-2-
P&Z Board Memorandum Staff Report
Amendment To The Land Development Regulations Section 6.3.3, Sidewalk Cafe
Page 3
BeaCh
Si~]ns Restricted X X X X
Hours Restricted X X X
Furniture Type/St~le Restricted X X X
Maintenance Required X X X X
Insurance Required X X X X
Common Elements For Sidewalk Cafe Regulations:
· They are allowed in public rights-of-way, subject to permit requirements;
· They are confined to specific geographic areas;
· There is a clear path required to allow pedestrian use of the sidewalk;
· Advertising signs are controlled within the right-of-way;
· The type or style of furniture must be compatible with other outdoor furniture in the
vicinity;
· The permitee is responsible for clean-up of the sidewalk area and furniture
maintenance;
· Insurance is required, for bodily injury and property damage.
Problems Identified In Delray Beach
Regulation of sidewalk cafes was a topic of discussion at the Joint Venture meeting of
March 11, 1998. The discussion highlighted several problems related to the regulation
of cafes.
In its effort to promote redevelopment in the Downtown, the City has not strictly
enforced the existing sidewalk cafe regulations. At the present time, there are twelve
sidewalk cafes in operation that encroach into the public right-of-way. None of these
cafes have permits as stipulated in the regulations. This lack of enforcement has led to
a number of problems which affect the appearance of the streetscape and impact
businesses and customers in the Downtown.
The area used by sidewalk cafe furniture is expanding, such that in many areas it
encroaches on the free flow of pedestrians along the sidewalk. The pedestrian path is
-3-
P&Z Board Memorandum Staff Report
Amendment To The Land Development Regulations Section 6.3.3, Sidewalk Cafe
Page 4
sometimes provided through the cafe, with tables placed near the building and near the
curb. Tables and chairs are also encroaching into the frontage of adjacent businesses,
and furniture is often left out on the sidewalk after business hours. In most cases,
tables and chairs are neatly stacked against the building, however, some cafes leave
furniture in place on the sidewalk. Clean-up is not uniform, resulting in some locations
with litter and stains on the public sidewalk.
The problems experienced with existing sidewalk cafes, as well as the popularity of
these cafes, point to the need to strictly enforce the existing regulations. In addition,
there are modifications that could clarify the intent of the regulations and make
enforcement easier.
Areas Where Delray Beach Regulations Could Be Modified:
· Addition of a requirement to wash the sidewalk regularly to remove stains.
· Addition of a requirement to remove the furniture from the sidewalk at closing, or at
least stack it against the building.
· Restriction on the location of the tables and chairs such that the pedestrian path is
near the curb.
A draft of the staff report was reviewed by the following agencies, all of which
expressed agreement with the recommendations:
Joint Venture
Downtown Development Authority
Community Redevelopment Agency
March 11, 1998
April 15, 1998
April 23, 1998
In addition, the draft was distributed by the Joint Venture staff to the operators of
existing sidewalk cafes for their comment. Any comments received will be reported at
the Planning and Zoning Board meeting.
Sidewalk cafes should continue to be allowed in the public right-of-way, so long as their
location will not interfere with pedestrian movement along the sidewalk. The
geographic restriction which currently allows sidewalk cafes only in the CBD can be
expanded to allow this use in all zoning districts which allow restaurants.
-4-
P&Z Board Memorandum Staff Report
Amendment To The Land Development Regulations Section 6.3.3, Sidewalk Cafe
Page 5
Since regulations have not been strictly enforced, it is appropriate to notify the cafe
operators of the regulations and permit requirement, allowing a reasonable time (90
days) to come into compliance. After the grace period, non-compliant cafes should be
cited.
Regulation of the operation of sidewalk cafes, especially those dealing with the location
of tables and chairs, and the maintenance of clearances for pedestrian flow and public
structures, should be enforced by Police as well as Code Enforcement officers. This
additional enforcement would protect public safety during evening hours.
Several modifications should be made to the Land Development Regulations to clarify
the intent of the sidewalk cafe regulations. The proposed modifications are found in
Attachment 2.
Recommend that the City Commission approve the attached changes to LDR Section
6.3.3 "Sidewalk Cafes".
Attachments: 1 and 2
S:~adv\cafel
-5-
ATTACHMENT 1
Notes on the Comparison of Sidewalk Cafe Recjulations
Allowed on public riqht-of-way
Delray Beach: Yes
Fort Lauderdale: Yes
Naples: Yes
Hollywood: Yes
West Palm Beach: Yes
Geocjraphic restriction
Delray Beach: CBD only
Fort Lauderdale: Zoning districts which allow restaurants
Naples: Fifth Avenue Special Overlay District only
Hollywood: Cafe Zones (4 permanent zones plus Broadwalk, which is
temporary and has separate criteria)
West Palm Beach: Zoning districts which allow restaurants
Clear pathway required
Delray Beach: Min. 5' for pedestrian path; 5' from fire hydrant, crosswalk,
etc.
Fort Lauderdale: Min 5' for pedestrian path; 5' from bus stops, sight triangles,
cross walks, etc.
Naples: Min. 5' for pedestrian path
Hollywood: Min. 3' for pedestrian path, min 5' from bus stops, service
windows, etc., min 2' from crosswalks
West Palm Beach: Min. 6' for pedestrian path
Delray Beach:
Fort Lauderdale:
Naples:
Hollywood:
West Palm Beach:
Delray Beach:
Fort Lauderdale:
Naples:
Hollywood:
West Palm Beach:
Advertising signs restricted
Menu board, Iogos on umbrellas
None allowed
Menu board
Menu board
Menu board
Hours when tables may be set up
Same as main business
Same as main business
Not addressed
Tables may remain set up at all times
Same as business
Furniture type/style restricted
No
Compatible with uses in the immediate vicinity.
Yes, requires board approval
Compatible with uses in the immediate vicinity.
No
Maintenance of area required
Delray Beach: Debris clean-up, furniture maintenance, furniture may not be
anchored.
Fort Lauderdale: Furniture must be removed at closing, Debris clean-up,
furniture maintenance
Not addressed
Naples:
Delray Beach:
Fort Lauderdale:
Naples:
Hollywood:
West Palm Beach:
Hollywood:
West Palm Beach:
Insurance required
Delray Beach:
Fort Lauderdale:
Naples:
Hollywood:
West Palm Beach:
Furniture may remain at all times, furniture maintenance,
debris removal, furniture may not be anchored
Furniture must be removed at closing, Debris clean-up,
furniture maintenance
Hold harmless agreement, and bodily injury and property
damage insurance ($300,000 ea.)
Hold harmless agreement, and bodily injury and property
damage insurance ($1,000,000 ea.)
Not addressed
Hold harmless agreement, and bodily injury and property
damage insurance ($1,000,000 ea.)
Hold harmless agreement, and bodily injury and property
damage insurance ($1,000,000 ea.)
S:\adv\Cafe2
'A PUBLIC HEARING will be h~ld
'7:~ P.M m ~Y, ~Y It,
t~ (~ af any c~fi~ati~ ~
~i~ ~h ~ ~ by ~ C~mi~
~, )~ N,W. 1~ Av~, ~Jr~y
~ch, F~a, at ~ich time ~e
C~mi~ will ~i~ ~ir a~
t~. T~ ~ ~di~ may
C~ at Ci~ Hall, 1~ N.W. 1st Ave
~y ~r~h Fr~ay, excel ~li-
~. All iHt~ ~di~ are invit~
~ ~ a~ ~ ~rd wi~ r~ to
~ ORDINANCE OF THE CITY C~
~I~ION OF THE CITY OF DELRAY
B~CH, FLORID~ ~ENDING AR-
TICLE 6.3, "USE AND WORK IN THE
PUBLIC RIGHT OF WA~, SECTION
6.~, SIDEWALK CAFE, OF THE
~ND DEVELOPMENT REGULA*
TIONS OF THE CITY OF DELRAY
BEACH, BY ADDING AN APPLICA-
'BILITY SECTION; PROVIDING
THAT A SKETCH P~N AS OP.
D TO A SITE PLAN SHALL BE
ITTED WITH A PERMIT AP.
I~TION; EXPANDING THE
~RAPHIC AREA IN ~ICH A
SIDEWALK CAPE ~Y BE PERMIT-
TED TO INCLUDE ALL ZONING DID
T~ICTS IN WHICH RESTAURANTS
i ~RE A~ED; ~ENDING THE
REBU~TIONS ~VERNING THE
U~E, DESIGN AND ~INTENANCE
G-A SI~WALK CAFE; PROVID
FOR AN INCREASE IN THE
~UNT OF iNSURANCE COVER*
~GE RE~IRED TO BE FUR*
N~SHED BY A PER~ITTEE;
~NG A GENERAL REPEALER
C~SE, A ~VING C~USE, AND
AN EFFECTIVE DATE.
;AN~RDINANCE OF THE CITY
~ MI~ION OF THE CITY OF DELRAY
~ACH, FLOROA, ~ENDING
~E t, ~ENERAL REGU~TIONS',
C~ER ~, ~MERGENCY ~N*
AGEMEN~, OF THE CODE OF OR*
DI~NCES OF THE CITY OF DEL-
RAY BEACH, BY ~ENDING SEC*
VIDE FOR DEFINITIONS FOR THE
TER~ ~AVERAGE RETAIL PRICE',
ENFORCE*
MENT OFFICIAL~, AND ~UEL
PRODUC~; ~ENDING SECTION
~5.~, ~ECLARATION OF A STATE
OF E~ERGENC~, TO PROVIDE
FOR A REV/SION TO RESO:UTION
D RE'TiNG TO PROHIBITING
PRICE GOUGING; ENACTING A
PROVISION FOR PROHIBITION OF
PRICE ~UGING; ~END~NG
~RESOLUTION ~, PROV~DING A
~VING C~USE, A GENERAL RE-
PEALER CLAUSE, AND AN EFFEC-
TIVE DATE.
P~ ~ ~vJ~ ~ ~f ~ ~ ~
C~ ~ ~1 any ~is~ ~ by
t~ Cl~ C~mi~i~ with r~ ~
any ~fl~ ~si~ Of ~Js ~riflg,
~b ~ will ~ a rK~d ~ ~
~ may ~ ~ ~re ~ a w.
~F.S 2~.01~.
CITY ~ DELRAY BEACH
Ali~ ~cGr~ H.~
C~ C~
P~ll~: July )0, ~
~ Ra~ N~
CiTY OF Da. RAY
NO11CE OF CHANGES IN THE REGULA110NS
GOVERNING THE USE, DESIGN AND
MAINTENANCE OF SIDEWALK CAFES
The City Commission .of the City of Delray Beach, Florida, proposes
to adopt the following ordinance:
ORDINANCE NO. 25-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ARTICLE 6.3, "USE AND
WORK IN THE PUBLIC RIGHT-OF-WAY, SECTION 6.3.3,
SIDEWALK CAFE", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, BY ADDING
AN APPLICABILITY SECTION; PROVIDING THAT A SKETCH
PLAN AS OPPOSED TO A SITE PLAN SHALL BE SUBMITrED
WITH A PERMIT APPLICATION; EXPANDING THE GEOGRAPHIC
AREA IN WHICH A SIDEWALK CAFE MAY BE PERMITTED TO
INCLUDE ALL ZONING DISTRICTS IN WHICH RESTAURANTS
ARE ALLOWED; AMENDING THE REGULATIONS GOVERNING
THE USE, DESIGN AND MAINTENANCE OF A SIDEWALK CAFE;
PROVIDING FOR AN INCREASE IN THE AMOUNT OF
INSURANCE COVERAGE REQUIRED TO BE FURNISHED BY A
PERMITTEE; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
The City Commission will conduct two (2) Public Hearings for the
purpose of accepting public testimony regarding the proposed
ordinance. The first Public Hearing will be held on TUESDAY,
JULY 7, 1998 AT 7:00 RM. (or at any continuation of such meeting
which is set by the Commission), in the Commission Chambers at
City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. If the
ordinance is passed on first reading, a second Public Hearing will
be held on TUESDAY, JULY 21, 1998, AT 7:00 RM. (or at any
continuation of such meeting which is set by the Commission).
All interested citizens are invited to attend the public hearings and
comment upon the proposed ordinance or submit their comments in
writing on or before the date of these hearings to the Planning and
Zoning Department. For further information or to obtain a copy of
the proposed ordinance, please contact the Planning and Zoning
Department, City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida
33~.~ (Phone 561/243-7040), between the hours of 8:00 a.m. and
5:00 p.m., Monday through Friday, excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL
ANY DECISION MADE BY THE CITY COMMISSION WITH
RESPECT TO ANY MATTER CONSIDERED AT THESE
HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A
VERBATIM RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE
CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD.
PURSUANT TO FS. 286.0105.
PUBLISH: Boca Raton News
June 29,1998
'July15,1998
Ad#774860
CITY OF DELRAY BEACH
Alison MacGregor Harty
City Clerk
NO11CE OF ClIANGES IN mE REGULATIONS
GOVERNING THE USE, DESIGN AND
' M ABIiTNAN OF SIDBNALK OAFES
The City Commission of the City of Delray Beach, Florida, proposes
to adopt the following ordinance:
ORDINANCE NO. 25-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ARTICLE.6.3, 'USE AND
WORK IN THE PUBLIC RIGHT-OF-WAY, SECTION 6.3.3,
SIDEWALK CAFE", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELI{AY BEACH, BY ADDING
AN APPLICABILITY SECTION; PROVIDING THAT A .SKETCH
PLAN AS OPPOSED TO A SITE PLAN SHALL BE SUBMITTED
WITH A PERMIT APPLICATION; EXPANDING THE GEOGRAPHIC
AREA IN WHICH A SIDEWALK CAFE MAY BE PERMITTED TO
INCLUDE ALL ZONING DISTRICTS IN WHICH RESTAURANTS
ARE ALLOWED; AMENDING THE REGULATIONS GOVERNING
THE USE, DESIGN AND MAINTENANCE OF A SIDEWALK CAFE;
PROVIDING FOR AN .INCREASE IN THE AMOUNT OF
INSURANCE COVERAGE REQUIRED TO BE FURNISHED BY A
PERMITTEE; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN .EFFECTIVE DATE.
The City Commission will conduct tWo (2) Publi~: Hearings for the
purpose of accepting public testimony regarding the proposed
ordinance. The first Public Hearing will be held on TUESDAY,
JULY 7, 1998 AT 7:00 RM. (or at any continuation of such meeting
which is set by the Commission), in {he Commission Chambers at
City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. If the
ordinance is passed on first reading, a second Public Hearing will
be held on TUESDAY, JULY 21, 1998, AT 7:00 P.M. (or at any
continuation of such meeting which is set by the Commission).
All interested citizens are invited to attend' the public hearings and
COmment upon the proposed ordinance or submit their comments in
writing on or before the date of these hearings to the Planning and
Zoning Department. For further information or to obtain a copy of
the proposed ordinance, please contact the Planning and Zoning
Department, City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida
3~.~. (Phone 561/243-7040), betWeen the hours of 8:00 a.m. and
5:00 p.m., Monday'through Friday, excluding holidays. '
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL
ANY DECISION MADE BY THE CITY COMMISSION WITH
RESPECT TO ANY MATTER CONSIDERED AT THESE
HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A
VERBATIM RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE
CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD.
PURSUANT TO F.S. 286.0105.
PUBLISH: Boca Raton News CITY OF DELRAY BEACH
June 29, 1998 Alison MacGregor Harty
July 15, 1998 .... City Clerk
Ad ,f'77_4860
CITY OF DELRAY BEACH
NOTICE OF CHANGES IN THE REGULATIONS GOVERNING
THE USE, DESIGN AND MAINTENANCE OF SIDEWALK CAFES
The City Commission of the City of Delray Beach,
proposes to adopt the following ordinance:
Florida,
ORDINANCE NO. 25-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING ARTICLE 6.3, "USE AND WORK IN THE PUBLIC
RIGHT-OF-WAY", SECTION 6.3.3, SIDEWALK CAFE", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY ADDING AN
APPLICABILITY SECTION; PROVIDING THAT A SKETCH PLAN AS OPPOSED TO
A SITE PLAN SHALL BE SUBMITTED WITH A PERMIT APPLICATION;
EXPANDING THE GEOGRAPHIC AREA IN WHICH A SIDEWALK CAFE MAY BE
PERMITTED TO INCLUDE ALL ZONING DISTRICTS IN WHICH RESTAURANTS
ARE ALLOWED; AMENDING THE REGULATIONS GOVERNING THE USE, DESIGN
AND MAINTENANCE OF A SIDEWALK CAFE; PROVIDING FOR AN INCREASE IN
THE AMOUNT OF INSURANCE COVERAGE REQUIRED TO BE FURNISHED BY A
PERMITTEE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
The City Commission will conduct two (2) Public Hearings for the
purpose of accepting public testimony regarding the proposed
ordinance. The first Public Hearing will be held on TUESDAY,
JULY 7, 1998, AT 7:00 P.M. (or at any continuation of such
meeting which is set by the Commission), in the Commission
Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach,
Florida. If the ordinance is passed on first reading, a second
Public Hearing will be held on TUESDAY, JULY 21, 1998, AT 7:00
P.M. (or at any continuation of such meeting which is set by the
Commission).
Ail interested citizens are invited to attend the public hearings
and comment upon the proposed ordinance or submit their comments
in writing on or before the date of these hearings to the
Planning and Zoning Department. For further information or to
obtain a copy of the proposed ordinance, please contact the
Planning and Zoning Department, City Hall, 100 N.W. 1st Avenue,
Delray Beach, Florida 33444 (Phone 561/243-7040), between the
hours of 8:00 a.m. and 5:00 p.m., Monday through Friday,
excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION
MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED
AT THESE HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH
RECORD. PURSUANT TO F.S. 286.0105.
PUBLISH:
The News
June 29, 1998
July 15, 1998
CITY OF DELRAY BEACH
Alison MacGregor Harty
City Clerk
Instructions to NewspaDer: This ad is not to be placed in the
legal ads/classified section of the newspaper. It must be at
least two standard columns wide and ten inches long. The entire
headline [NOTICE OF CHANGES IN THE REGULATIONS GOVERNING THE USE,
DESIGN AND MAINTENANCE OF SIDEWALK CAFES] must be an 18 point
bold headline. Thank you.
REF:CAFENOTC.DOC
TO:
FROM:
RE:
DATE:
ALISON MACGREGOR HART"Y, CITY CLERK
~JA~SM IN2LLEN, PLAN N ~: R
PREPARATION OF ADVERTISEMENT FOR THE CITY
COMMISSION MEETING OF JULY 7, 1998
JUNE 17, 1998
Please prepare the necessary advertisement and ensure that the
following item is scheduled for public hearings at the July 7th and July
21st City Commission meetings.
Amendment to the Land Development Regulations Section 6.3.3
"Sidewalk Cafe"
Please prepare the necessary advertisement for the Transmittal of
Comprehensive Plan Amendment 98-1. This item will be considered at
the City Commission meeting of July 7, 1998.
Thanks.
TO:
FROM:
CITY COMMISSION DOCUMENTATION
DAVID T. HARDEN, CITY MANAGER
PAUL DORLING, ACTING DIRECTOR OF PLANNING AND ZONING
SUBJECT:
MEETING OF JULY 7, 1998
APPROVAL OF AN AMENDMENT TO THE
REGULATIONS SECTION 6.3.3, SIDEWALK CAFES
LAND DEVELOPMENT
BACKGROUND
Sidewalk cafes, located in the public right-of-way, have become an important aspect of the
revitalization of the downtown. Their expanding presence, while desirable, has highlighted the
need for additional controls to assure that the public sidewalks are kept clean, safe and orderly,
and that a clear pedestrian pathway is maintained. The proposed changes to the Land
Development Regulations (LDR) address these issues as follows:
· The required five foot wide clear pathway for pedestrian traffic is clarified to be parallel to the
street.
· Tables and chairs are required to be moved inside the building or stacked neatly against the
building at the close of each business day.
· The sidewalk is required to be cleaned, including stains, each day.
· The area in which sidewalk cafes may be permitted is expanded to include all zoning districts
in which restaurants are allowed.
· The permissibility of menu boards is clarified to be limited to those located on tables.
· Required insurance coverage is increased from $300,000 to $1,000,000.
· An applicability section is added whereby the regulations apply to existing and proposed
sidewalk cafes, and gives 90 days in which to comply.
· The requirement to submit a site plan is changed to a sketch plan, which is less expensive to
produce.
Additional background and analysis can be found in the attached Planning and Zoning Board Staff
Report.
PLANNING AND ZONING BOARD CONSIDERATION
The Planning and Zoning Board considered the text amendment at a public hearing on June 15,
1998. Testimony was received from Mr. Steven Pizzi, who objected to proposed changes that
would limit the location of the clear pedestrian path to the street side of the sidewalk and require
all tables to be located on the portion of the sidewalk closest to the building. In discussion, the
Board agreed to eliminate that provision in favor of one that requires only that the pedestrian path
be parallel to the street. The Board also determined that the current level of insurance coverage
required is insufficient, and changed it to $1,000,000. The Board then recommended approval of
the amendment, on a 6-1 vote, with the modifications discussed. The text as approved by the
Planning and Zoning Board is shown in Attachment 'A'.
RECOMMENDED ACTION
By motion, approve the attached amendment to LDR Section 6.3.3, Sidewalk Cafes, based on
positive findings with respect to LDR Section 2.4.5(M)(5).
Attachment "A"
S:~adv\cafe6
MEETING OF:
AGENDA ITEM:
June 15, 1998
IV. E. AMENDMENT TO LAND DEVELOPMENT REGULATIONS
SECTION 6.3.3, SIDEWALK CAFE
The item before the Board is that of making a recommendation to the City Commission
regarding a change in the regulations governing the use, design, and maintenance of a
sidewalk cafe.
Regulations governing the placement of sidewalk cafes in the right-of-way were
adopted in 1996. Since then, a number of such cafes have been established along
Atlantic Avenue. They have become an integral part of the visible redevelopment of the
Downtown, and are desired by both restaurants and their customers. Continuation of
clean, attractive sidewalk cafes is clearly positive, setting a casually elegant tone for
dining along the avenues of the City, and drawing an expanded customer base to the
area. -
The very popularity of sidewalk cafes has highlighted the need for additional controls.
Outdoor tables are expanding into the pedestrian travel space of the sidewalk. Tables
and chairs are left out overnight, creating a cluttered look along the avenue. Sidewalk
cafe areas are not consistently cleaned, leaving litter and stains on the paver block
sidewalk. These problems are not widespread, or damaging to the point that sidewalk
cafes should be eliminated, but they do point out the need for stricter control and
enforcement. The needed control can be accomplished through modifications to the
existing regulations, and consistent enforcement of the permit requirements.
Overview Of Current Regulations
The regulations governing the use, design, and maintenance of sidewalk cafes, are
expressed in Section 6.3.3 of the Land Development Regulations. These regulations
refer only to the portion of a sidewalk cafe that is within the public right-of-way, and limit
sidewalk cafes to the Central Business District (CBD) zoning district. The highlights of
the regulations are paraphrased as follows:
P&Z Board Memorandum Staff Report
Amendment To The Land Development Regulations Section 6.3.3, Sidewaik Cafe '
Page 2
A permit is required to establish and operate a sidewalk cafe. The permit process
includes a review of the occupational license of the applicant business, the plans for the
sidewalk cafe and its furniture (tables, chairs, umbrellas, etc.), and proof of insurance.
A sidewalk cafe may only be established in conjunction with an existing restaurant or
takeout food store. The cafe may only be established in front of the associated
business and those adjacent businesses which give the cafe operator written
permission. The use of the tables and chairs shall be only for customers of the
associated business. Hours of operation shall be the same as the associated business.
These requirements prohibit free-standing sidewalk cafe businesses, tie the operation
of a cafe to an established indoor business, and limit the expansion of the outdoor
seating onto unwilling neighbors.
A minimum five foot wide clear pathway is required to permit free movement of
pedestrian through traffic. A minimum five foot clearance is also required from alleys,
crosswalks and fire hydrants. These regulations are directed at maintaining public
safety and freedom of movement in the public right-of-way.
Advertising signs are restricted to a menu board and Iogos on table umbrellas.
Furniture for the sidewalk cafe must be maintained and cleaned, and may not be
permanently affixed. The sidewalk in the cafe area must also be maintained and
cleared of debris and litter. These regulations are meant to maintain a clean and
attractive appearance to the sidewalk cafe.
Insurance and a hold harmless agreement are required to protect the City from claims.
The City's approach to regulating sidewalk cafes in public rights-of-way is similar to that
of other local governments. Several Florida municipalities were contacted to identify
the common elements of regulations. The following table generalizes the regulatory
approach of four municipalities compared with Delray Beach. Notes which further
explain how sidewalk cafes are regulated can be found in Attachment 1.
Delray Ft, Naples HOllyWOOd west
Beach LaUderdale Palm
Beach
Allowed in R/W under permit X X X X X
Geo~lraphic Restriction X X X
Clear Pathway Recruited X X X X X
-2-
P&Z Board Me~norandum Staff Report
Amendment To The Lar~d Development Regulations Section 6.3.3, Sidewalk Cafe
Page 3
Delray Ft. Naples Hollywood West
Beach Lauderdale Palm
Beach
Si~]ns Restricted X X X X
Hours Restricted X X X
Furniture Type/Style Restricted X X X
Maintenance Required X X X X
Insurance Required X X X X
Common Elements For Sidewalk Cafe Regulations:
· They are allowed in public rights-of-way, subject to permit requirements;
· They are confined to specific geographic areas;
· There is a clear path required to allow pedestrian use of the sidewalk;
· Advertising signs are controlled within the right-of-way;
· The type or style of furniture must be compatible with other outdoor furniture in the
vicinity;
· The permitee is responsible for clean-up of the sidewalk area and furniture
maintenance;
· Insurance is required, for bodily injury and property damage.
Problems Identified In Delray Beach
Regulation of sidewalk cafes was a topic of discussion at the Joint Venture meeting of
March 11, 1998. The discussion highlighted several problems related to the regulation
of cafes.
In its effort to promote redevelopment in the Downtown, the City has not strictly
enforced the existing sidewalk cafe regulations. At the present time, there are twelve
sidewalk cafes in operation that encroach into the public right-of-way. None of these
cafes have permits as stipulated in the regulations. This lack of enforcement has led to
a number of problems which affect the appearance of the streetscape and impact
businesses and customers in the Downtown.
The area used by sidewalk cafe furniture is expanding, such that in many areas it
encroaches on the free flow of pedestrians along the sidewalk. The pedestrian path is
-3-
P&Z Board Memorandum Staff Report
Amendment To The Land Development Regulations Section 6.3.3, Sidewalk Cafe'
Page 4
sometimes provided through the cafe, with tables placed near the building and near the
curb. Tables and chairs are also encroaching into the frontage of adjacent businesses,
and furniture is often left out on the sidewalk after business hours. In most cases,
tables and chairs are neatly stacked against the building, however, some cafes leave
furniture in place on the sidewalk. Clean-up is not uniform, resulting in some locations
with litter and stains on the public sidewalk.
The problems experienced with existing sidewalk cafes, as well as the popularity of
these cafes, point to the need to strictly enforce the existing regulations. In addition,
there are modifications that could clarify the intent of the regulations and make
enforcement easier.
Areas Where Delray Beach Regulations Could Be Modified:
· Addition of a requirement to wash the sidewalk regularly to remove stains.
· Addition of a requirement to remove the furniture from the sidewalk at closing, or at
least stack it against the building.
· Restriction on the location of the tables and chairs such that the pedestrian path is
near the curb.
A draft of the staff report was reviewed by the following agencies, all of which
expressed agreement with the recommendations:
Joint Venture
Downtown Development Authority
Community Redevelopment Agency
March 11, 1998
April 15, 1998
April 23, 1998
In addition, the draft was distributed by the Joint Venture staff to the operators of
existing sidewalk cafes for their comment. Any comments received will be reported at
the Planning and Zoning Board meeting.
Sidewalk cafes should continue to be allowed in the public right-of-way, so long as their
location will not interfere with pedestrian movement along the sidewalk. The
geographic restriction which currently allows sidewalk cafes only in the CBD can be
expanded to allow this use in all zoning districts which allow restaurants.
-4-
P&Z Board Memorandum Staff Report
Amendment To The Land Development Regulations Section 6.3.3, Sidewalk Cafe
Page 5
Since regulations have not been strictly enforced, it is appropriate to notify the cafe
operators of the regulations and permit requirement, allowing a reasonable time (90
days) to come into compliance. After the grace period, non-compliant cafes should be
cited.
Regulation of the operation of sidewalk cafes, especially those dealing with the location
of tables and chairs, and the maintenance of clearances for pedestrian flow and public
structures, should be enforced by Police as well as Code Enforcement officers. This
additional enforcement would protect public safety during evening hours.
Several modifications should be made to the Land Development Regulations to clarify
the intent of the sidewalk cafe regulations. The proposed modifications are found in
Attachment 2.
Recommend that the City Commission approve the attached changes to LDR Section
6.3.3 "Sidewalk Cafes".
Attachments: 1 and 2
S:\adv\cafel
-5-
ATTACHMENT 1
Notes on the Comparison of Sidewalk Cafe Regulations
Allowed on public right-of-way
Delray Beach: Yes
Fort Lauderdale: Yes
Naples: Yes
Hollywood: Yes
West Palm Beach: 'Yes
Geographic restriction
Delray Beach: CBD only
Fort Lauderdale: Zoning districts which allow restaurants
Naples: Fifth Avenue Special Overlay District only
Hollywood: Cafe Zones (4 permanent zones plus Broadwalk, which is
temporary and has separate criteria)
West Palm Beach: Zoning districts which allow restaurants
Clear pathway required
Delray Beach:
Fort Lauderdale:
Naples:
Hollywood:
Min. 5' for pedestrian path; 5' from fire hydrant, crosswalk,
etc.
Min 5' for pedestrian path; 5' from bus stops, sight triangles,
cross walks, etc.
Min. 5' for pedestrian path
Min. 3' for pedestrian path, min 5' from bus stops, service
windows, etc., rain 2' from crosswalks
West Palm Beach: Min. 6' for pedestrian path
Advertising signs restricted
Delray Beach: Menu board, Iogos on umbrellas
Fort Lauderdale: None allowed
Naples: Menu board
Hollywood: Menu board
West Palm Beach: Menu board
Hours when tables may be set up
Delray Beach: Same as main business
Fort Lauderdale: Same as main business
Naples: Not addressed
Hollywood: Tables may remain set up at all times
West Palm Beach: Same as business
Furniture type/style restricted
Delray Beach: No
Fort Lauderdale: Compatible with uses in the immediate vicinity.
Naples: Yes, requires board approval
Hollywood: Compatible with uses in the immediate vicinity.
West Palm Beach: No
Maintenance of area required
Delray Beach:
Fort Lauderdale:
Debris clean-up, furniture maintenance, furniture may not be
anchored.
Furniture must be removed at closing, Debris clean-up,
furniture maintenance
Naples: Not addressed
Hollywood:
West Palm Beach:
Insurance required
Delray Beach:
Fort Lauderdale:
Naples:
Hollywood:
West Palm Beach:
S:\adv\Cafe2
Furniture may remain at all times, furniture maintenance,
debris removal, furniture may not be anchored
Furniture must be removed at closing, Debris clean-up,
furniture maintenance
Hold harmless agreement, and bodily injury and property
damage insurance ($300,000 ea.)
Hold harmless agreement, and bodily injury and property
damage insurance ($1,000,000 ea.)
Not addressed
Hold harmless agreement, and bodily injury and property
damage insurance ($1,000,000 ea.)
Hold harmless agreement, and bodily injury and property
damage insurance ($1,000,000 ea.)
ATTACHMENT 2
Sidewalk Cafe Requlations
Section 6.3.3 Sidewalk Cafe: A sidewalk cafe is a group of tables and
chairs and permitted decorative and accessory devices situated and maintained
upon the sidewalk and used for the consumption of food and beverages sold to
the public from an adjoining business. Sidewalk cafes allowed only when in
compliance with this Section.
(A) Permit Required: It shall be unlawful for any person to establish a
sidewalk cafe at any site unless a valid permit to operate a sidewalk cafe has
been obtained for that site, from the City pursuant to this Section. The permit
shall be requested on a form which shall be provided by the City Engineer upon
request. No permit shall be issued until all the requirements of the Section have
been met. Permits shall not be transferable.
(B) Al~plicability: The provisions of this section shall apply to all
existin.q and proposed sidewalk cafes located within a street riqht-of-way.
However, sidewalk cafes which exist as of July 1, 1998 shall have 90 days to
comply with the provisions of this section, including the requirement to obtain a
permit.
(CB) Required Information: In addition
application and permit fee, the following must be
application is submitted:
to the required permit
provided at the time the
(1) A copy of a valid occupational license;
(2) A sketch clio plan of the area between the store front and
vehicular travel surface, drawn to a minimum scale of 1" = 10' which shows:
* The store front and all openings (doors, windows);
The location of curb, sidewalk, and any utility poles,
fire hydrants, landscaping, or other items, within the
right-of-way and private property, between the curb
and the store front.
The location of any of the above items which are
within six feet (6') of the ends of the proposed use
area; and the location of parking spaces (or use of
the street) adjacent to the proposed use area;
Clear delineation of the boundary between private
property and the right-of-way;
Delineation of "clear pathways" and "clear distances"
as required by Subsection (5);
Proposed location of chairs, tables, and other private
features;
Photographs and/or manufacturer brochures
depicting the chairs, tables, umbrellas and other
private features including, but no limited to, lighting to
be used in the proposed sidewalk cafe area.
(3) Proof of Insurance and a Hold Harmless Agreement in a
form acceptable to the City Attorney.
(DC=,) Processing: The City Engineer shall review the permit application
for compliance with this Section and shall issue permits accordingly. The action
of the City Engineer may be appealed pursuant to Section 2.4.7(E).
(_ED) Geographic Limitation: A permit for a sidewalk cafe may chc!l be
issued within those zoninq districts which allow restaurants, subiect to any
limitations or restrictions of the particular district. "",fy '"~*~'~" *~'" ""-'-*"'-' ~. ,"~'---'-,-
(FE-) Regulations Governing the Use, Design, and Maintenance of a
Sidewalk Cafe: -
(1) A sidewalk cafe shall only be established in conjunction with
a legally established restaurant and/or takeout food store, where the food
product is prepared, processed, or assembled on the premises (for example:
deli, ice cream store, sandwich shop).
(2) A sidewalk cafe may only be established in front of the
business and such businesses immediately adjacent to the business with which
the sidewalk cafe is associated. The sidewalk cafe operator must receive the
permission, in a form acceptable to the City, from adjacent businesses before
establishing the sidewalk cafe in front of such adjacent businesses.
(3) Alcoholic beverages may be consumed at a sidewalk cafe.
only for the
associated.
(4) The use of the tables and chairs at a sidewalk cafe shall be
customers of the business with which the sidewalk cafe is
(5) A clear pathway with a minimum width of five feet (5') shall
be maintained for through pedestrian traffic. The clear pathway shall be
measured from curbs, planters, tree grates, columns and other obstructions, and
shall be located on the street side of the sidewalk. This will require the
placement of all tables and chairs on the portion of the sidewalk closest to the
building. A greater width may be required as a condition of approval.
(6) A clear distance with a minimum of five feet (5') shall be
provided from any alley, crosswalk, fire hydrant, or similar situation. A greater
clear distance may be required as a conditional of approval.
(7) In addition to previously approved business signs, the
sidewalk cafe may have the following advertising signs: a-menu boards on the
tables, and Iogos upon table umbrellas. These items shall not require further
Site Plan Review and Appearance Board approval and are an exemption to
requirements with the City's sign code.
(8) Use area and/or seating capacity realized through a
sidewalk cafe use and contiguous outdoor dining areas shall not invoke
provisions of the zoning code as they pertain to parking or other matters.
(9) Food may be carried to tables by patrons or served by a
table waiter. Food shall not be prepared in the sidewalk cafe area.
(10) Hours of operation shall be the same as the associated
businesses.
(11) The permit may be suspended upon written notice of the
City Manager or his/her designee of the sidewalk cafe, and removal may be
ordered by the City when repairs necessitate such action. The City however,
may immediately remove or relocate all or parts of the sidewalk cafe or order
said removal or relocation in emergency situations, without written notice.
(12) Tables, chairs, umbrellas, and any other objects provided
within a sidewalk cafe shall be maintained in a clean and attractive manner and
shall be in good repair at all times, ensuring a tidy and neat appearance. Tables
and chairs shall be moved inside the building, or stacked neatly against the
building, at the close of each business day.
(13) The sidewalk area, covered by the permit, shall be
maintained in a neat and orderly manner at all times and the area shall be
cleared of all debris and stains, on a periodic basis during the day and again at
the close of each business day, ensuring a tidy appearance.
(14) No tables, chairs, or any other part of sidewalk cafes shall
be attached, chained, or in any manner affixed to any tree, post, sign or other
fixtures, curb or sidewalk within or near the permitted area.
(GF-) Liability and Insurance:
(1) Prior to the issuance of a permit, the applicant shall furnish a
signed statement that the permittee shall hold harmless the City, its officers and
employees and shall indemnify the City, its officers and employees from any
claims for damages to property or injury to persons which may be occasioned by
any activity carried on under the terms of the permit.
(2) Permittee shall furnish insurance and insurance certificate
and maintain such public liability, food products liability, and property damage
insurance from all claims and damages to property or bodily injury, including
death, which may arise from operations under the permit or in connection
therewith. Such insurance shall provide coverage of not less than three hundred
thousand dollars ($300,000) for bodily injury, and property damage respectively,
per occurrence. Such insurance shall name the City, its officers and employees
as additional insureds and shall further provide that the policy shall not terminate
or be canceled without thirty (30) days written notice to the City.
(HG) Denial, Revocation, or Suspension of Permit; Removal and
Storage Fees; Concurrent Jurisdiction of the Code Enforcement Board:
(1) The City Manager or his/her designee may deny, revoke, or
suspend a permit of any sidewalk cafe in the City if it is found that:
(a) Any necessary business or health permit has either
been suspended, revoked, or canceled or has lapsed.
(b) The permittee does not have insurance which is
correct and effective.
(c)
Changing conditions of pedestrian or vehicular traffic
cause congestion necessitating removal of the
sidewalk cafe, in order to avoid danger to the health,
safety or general welfare of pedestrians or vehicular
traffic.
(d)
The permittee has failed to correct violations of this
subchapter or conditions of permitting within three (3)
days of receipt of written notice of same.
(2) The City may remove or relocate or order the removal or
relocation of tables and chairs and other vestiges of the sidewalk cafe and a
reasonable fee charged for labor, transportation, and storage, should the
permittee fail to remove said items within thirty-six (36) hours of receipt of the
written notice from the City Manager ordering removal or relocation. However, in
the event of an emergency, no written notice of relocation or removal shall be
given and relocation and/or removal shall commence immediately.
(3) The permittee may appeal the order of the City Manager
pursuant to Section 102.69.
(4) The Code Enforcement Board shall have concurrent
jurisdiction over violations of this subchapter, but may only assess fines for
noncompliance with the requirements of this subchapter.
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