Ord 37-10ORDINANCE N0.37-10
AN ORDINANCE OF THE QTY COMM[SSION OF THE QTY
OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE QTY OF DELRAY
BEACH, BY AMENDING SECTION 6.3.3, "SIDEWALK CAFE";
TO PROVIDE CLARIFICATION ON SIDEWALK CAFES;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the P1aiuZing and Zoning Board reviewed the
proposed text amendment at a public hearing held on September Z0, 2010 and voted 7 to 0 to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the PlacuZUlg and Zoning Board,
sitting as the Local Planning Agency, has determined that the change is consistent with and furthers
the goals, objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan
NOW, THEREFORE, BE IT ORDAINED BY THE QTY COMMISSION OF THE
QTY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein
Section 2. That Section 6.3.3, "Sidewalk Cafe", of the Land Development Regulations
of the City of Delray Beach, 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 with chairs and associated articles
approved by the City situated and maintained outside whether on public or private property,
(excluding interior courtyard seating which is subject to parking regturerr~zts) and used for the
consumption of food and beverages sold to the public from an adjoining business. All tables and
chairs and associated articles must be located within the sidewalk cafe pemut area. Sidewalk cafes
allowed only when incompliance with this Section
(A) Permit and Fees: 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
plusuant to this Section The pemut shall be issued on a form provided by the City of Delray
Beach No pem~it shall be issued until all the requirerrtients of this Section have been met. Permits
shall not be tr~~u~sfer~ble.
(1) Each permit shall be effective for one year, from July 1st until June 30th. Any new
permit application received after July 1st until December 31st will pay the full cost of the permit fee
and the permit shall expire June 30th of the following year. Any new permit application received
after December 31st will pay one-half of the cost of the permit fee and the permit shall expire June
30th of the same year.
(2) The sidewalk cafe application fee is one htmdred ~ dollars ($150.00 489:99). The
pemut fee is $4.50 3:98 per square foot of approved sidewalk cafe space.
(3) Renewals of a Sidewalk cafe pem~it and payment of fees must be submitted and
approved on or before July 1st of each year.
(4) Late Renewal Fee: If a renewal payment is not submitted by July 1st, it shall be
considered late and subject to a late fee of ten percent (10%), plus an additional five-percent (5%)
late fee if payment is not received by the first of each month thereafter until paid, provided that the
total fee shall not exceed twentypercent (20%). If a renewal payment is not submitted by July 1st,
the City has the right to immediately cancel the Sidewalk Cafe permit upon written notice to the
permit holder.
(B) Applicability. The provisions of this section shall apply to all existing and proposed
sidewalk cafes effective July 1, 2005.
(C) RegLrired Infom~ation: In addition to the regtrired permit application and pemut fee, the
following must be provided at the time the application is submitted or renewed:
(1) A copy of a valid ee~atie~lieer~se business tax receipt; and description of use.
(2) A sketch plan of the area between the store front and vehicular travel surface or
public space, drawn to a minimum scale of 1" = 10' which shows:
(a) The sidewalk cafe area including square footage and dimensions;
(b) The store front and all openulg~ (doors, wincbws);
(c) The location of curb, sidewalk, and any utility poles, fire hydrants, landscaping, or
other items, within the right-of-way and private property, betv~eri the curb and
the store front including dimensions;
2 ORD NO. 37-10
(d) 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
or public space) adjacent to the proposed use area;
(e) Clear delineation of the boundary bet~~ert private properly and the right-of-way
including dimecnsions;
(f) Delineation of "clear pedestrian pathways" and "No Table Zones' as regi,rired by
Subsection (F) (5);
(g) Proposed location of chaos with tables, and other private features such as but not
limited to hostess stands, umbrellas, etc.;
(h) Proposed location of sidewalk cafe barriers as required by Subsection (F) (7);
(i) Photographs and/or manufacturer brochures depicting the chairs, tables,
umbrellas, menu boards and logos, and other temporary private features
including, but not limited to, lighting, plan= terms, %pes, stanchions and other
~u--~ to be used in the proposed sidewalk cafe area
(j) If the Permittee intends to use property in front of an adjacent business, the
pemnittee must submit a notarized statement from the adjacent business owner(s)
indicating the adjacent busines owner has allowed the use of the sidewalk in the
front of their busines(s), on a form acceptable to the City.
(3) Proof of Insurance and a Hold Harnnless Agreement in a form acceptable to the City
Attorney.
(D) Procesir~ The pemnit application including the Required Infom~ation as requested in
Subsection (C) above shall be submitted to the Commtmity Improvement Department for
procesing. Appeals shall be governed by Section 2.4.7(E ).
(E) Geographic Limitation A permit for a sidewalk cafe may be issued within those zoning
districts which allow restaurants, subject to any limitations or restrictions of the particular district.
(F) Regulations Governing the Use, Design, and Maintenance of a Sidewalk Cafe:
(1) A sidewallc cafe shall only be established in corytmction with a legally established
restaurant or business, where the food product is prepared, processed, or
assernbled on the premises (for example: deli, ice cream store, can store sandwich shop) where
the food product preparation is the main or sole purpose of the business A business that prepares
ORD NO. 37-10
(2) A sidewalk cafe may only be established in front of the business or along a side street
adjacent to the business, or public space, and such b~inesses imrrediately adjacent to the business
with which the sidewalk cafe is associated The sidewalk cafe shall not be established adjacent to a
travel lane or on-street parking, unless there is rw ability to establish a sidewalk cafe adjacent to the
storefront, in which case a sidewalk cafe maybe located adjacent to a traffic lane or street parking as
(3) Alcoholic beverages maybe consLmied at a sidewallc cafe.
(4) The i.~e of the tables and chairs at a sidewalk cafe shall be only for the customers of
the business with which the sidewakc cafe is associated Tables, chairs, umbrellas, barriers and other
Sidewalk Cafe permit.
(5) Sidewalk cafe operators shall maintain a clear pedestrian path of a minirruun of five
feet (5') at all times. The five foot (5~ clear pedestrian path shall be parallel to the street and/or
alley. In the event a five foot (5') clear pedestrian path adjacent to the curb is interrupted by street
furniture, trees, tree grates or similar impediments, then the sidewalk cafe operator may provide for
a five foot (5~ clear pedestrian path commencing from the edge of the impediment closest to the
building facade for a distance of five feet (5~ towards the building. In areas of higher pedestrian
traffic or activity or if conditions are such that additional clearance is required to assure safe
pedestrian travel, additional clear space shall be regLrired. A clear pedestrian path greater than five
feet (5~ may be required on sidewalks with an adjacent traffic lane.
(6) A "No Table Zone' is hereby established. No sidewallc cafe tables or chairs shall be
located within the "No Table Zone". The "No Table Zone" is that area located at the intersections
of Atlantic Avenue with any side street, within fifteen feet (15') of the extended curb line. The
fifteen feet (15') will be measured perpendicular to the street from the extended curb. For norr
Atlantic Avenue intersections, the "No Table Zone' shall be ten feet as measured above.
(~ The sidewalk cafe area is to be segregated from the pedestrian pathway by means of
barriers such as planters, railings or other similar rroveable fixtures or other dearly visible
demarcation. No part of the ~e barrier s1~all nat be located within the ~ 5' clear pedestrian
pathway as defined in subsection (5~above.
4 ORD NO. 37-10
(8) In addition to previously approved business signs, the sidewalk cafe may have one of
the following signs:
(a) A wall rrounted menu board sign that does not exceed three square feet (3 sq.ft.).
(b) A free standing easel or art object that does not exceed five feet (5') in height that
holds a menu board with a sign face not to exceed six square feet (2 ft. x 3 ft.).
(c) Logos upon table umbrellas.
The free standing easel or art object must be placed iinxr>ediately in front of the business in the
permitted sidewalk cafe area. These signs shall not require further Site Plan Review and Appearance
Board approval and are an exemption to regLrireirents with the Cit}~s sign code. Portable signs shall
be prohibited except as allowed in Section 4.6.7(E)(3)(d) Grand Opening Portable Signs.
(9) 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.
(10) Food maybe carved to tables by patrons or served by a table waiter. Feexet
The use of food preparation stations trash receptacles and
cash resters are prohibited within the sidewalk cafe area
(11) The use of carpeting artificial turf or other surfaces of an~ldnd must be approved as
mart of the sidewalk cafe application
X12) All services provided to patrons of a sidewalk cafe and all patron activity (i.e., sitting
dining) shall occur within the designated sidewalk cafe area and shall not impinge on the
required 5' clear distance for pedestrian passage at any time
13 (~-} Hours of operation shall be the same as the associated businesses.
14 (~} The area covered by the permit, including the sidewakc, curb and gutter
immediately adjacent to it, shall be maintained in a clean, neat, attractive 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 dose of each business day, ensuring a tidy appearaiue. The permittee shall also be
responsible to pressure clean the sidewalk surface on which the sidewalk cafe is located at least once
a week or more frequently, if needed and pickup all litter and debris including litter and debris in the
landscaped areas adjacent to the sidewalk cafe area antler permit.
ORD NO. 37-10
(c) Changing conditions of pedestrian or vehicular traffic cat.~e congestion
necessitating removal or modification of the sidewalk cafe, in order to avoid
danger to the health, safety or general welfare of pedestrians or vehicular traffic.
(d) The permtttee has failed to correct violations of this subchapter or conditions of
permitting within three (3) days of receipt of written notice of same.
(e) If the permtttee receives xrore than three (3) Code Enforcement violations
and/or civil violations in a 12 rronth period from the issuance of its permit for
non-compliance to this Section, the permit shall be terminated and no refunds of
the permit application fee shall be granted The permittee may not receive a new
pem~it for six months.
(f) The Sidewallc Cafe does not enhance or conform to the aesthetic ambiance of the
area or is not compatible with other adjacent businesses or sidewalk cafes.
(2) The City many remove or relocate or order the removal or relocation of tables and
chaos and other vestiges of the sidewallc 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 or his/her designee ordering rerroval or relocation
However, in the event of an emergency, no written notice of relocation or rerroval shall be given
and relocation and/or retroval shall commence imrnediately.
(3) The permittee may appeal the order of the City Manager pursuant to Section 6.3.3Q),
below
(4)
_ines for noncompliance shall be in accordance with Chapter
37 of the Code of Ordinances.
(5) The sidewalk cafe permit maybe suspended upon written notice of the City Manager
or his/her designee and rerrtioval maybe ordered by the City when repairs necessitate such action.
(6) In addition, the City may irrurediately rerrove or relocate all or parts of the sidewalk
cafe or order said removal or relocation in emergency situations, without written notice. In an
emergency or upon the issuance of a hurricarue warning or notification of another weather
emergency by the county, the pemuttee shall forthwith place indoors all tables, chairs, and other
equipment located on the sidewalk. Failure to comply shall result in violation of this subsection
which shall result in the issuance of a fine not to exceed $500.00.
Q) Appeals:
~ ORD NO. 37-10
(1) Appeals of the decision of the City Managex 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 detern~ine the appeal, and the
decision of the City Commission shall be final and effective imnuxdiately. The City Commission
shall apply the standards set forth in 6.3.3(I).
(3) The filing of a notice of appeal by a pemiittee shall not stay an order of the City
Manager or his/her designee regarding the suspension, revocation or ciecual 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 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 all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed
Section 5. That this ordinance shall become effective ururecliately upon its passage on
sAeacond and final reading.
r~\~''~ PASS AND OPTED in regular session o and and final g on this the
°'~ day of `J~1,s~ , 2010.
fah
ATTEST MAYO R
va~rv
City Clerk
First Rea ' ~ ~~ `~
Second R ~~ ~ ~~
ORD NO. 37-10
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: October 25, 2010
Page 1 of 1
SUBJECT: AGENDA ITEM 10 A -REGULAR COMMISSION MEETING OF NOVEMBER 2.2010
ORDINANCE NO. 37-10
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading to consider a city initiated amendment to the
Land Development Regulations (LDR) Section 6.3.3., "Sidewalk Cafe", amending the regulations.
BACKGROUND
At the first reading on October 5, 2010, the Commission tabled this item to the October 19, 2010
Regular Meeting. Commission passed Ordinance No. 37-10 on first reading at the October 19, 2010
meeting.
RECOMMENDATION
Recommend approval of Ordinance No. 37-10 on second and final reading.
http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=3941&MeetingID=275 11/3/2010
AN ORDINANCE OF THE QTY COMMISSION OF THE QTY
OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE QTY OF DELRAY
BEACH, BY AMENDING SECTION 6.3.3, "SIDEWALK CAFE";
TO PROVIDE CLARIFICATION ON SIDEWALK CAFES;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
Q.AUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the PlaiuZing and Zoning Board reviewed the
proposed text amendment at a public hearing held on September 20, 2010 and voted 7 to 0 to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the P1aiuZUlg and Zoning Board,
sitting as the Local Planning Agency, has determined that the change is consistent with and furthers
the goals, objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Plaiuling and Zoning Staff Report; and
WHEREAS, the City Con~unission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE QTY COMNIISSION OF THE
QTY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein
Section 2. That Section 6.3.3, "Sidewalk Cafe", of the Land Development Regulations
of the City of Delray Beach, 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 with chairs and associated articles
approved by the City situated and maintained outside whether on public or private property,
(excluding interior courtyard seating which is subject to parking regLUrerrtients) and used for the
consumption of food and beverages sold to the public from an adjoining business. All tables and
chairs and associated articles must be located within the sidewalk cafe permit area Sidewalk cafes
allowed only when incompliance with this Section
(A) Permit and Fees: 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
p~nsuant to this Section The permit shall be issued on a form provided by the City of Delray
Beach. No permit shall be issued until all the regmmiremrents of this Section have been rret. Permits
shall not be transferable.
(1) Each permit shall be effective for one year, from July 1st until June 30th. Any new
pemut application received after July 1st until Decerrmber 31st will pay the full cost of the permit fee
and the permit shall expire June 30th of the following year. Any new permit application received
after December 31st will pay orie-half of the cost of the permit fee and the perrrrit shall expire Jame
30th of the same year.
(2) The sidewalk cafe application fee is one htn~c}red collars ($150.00 ~A9). The
permit fee is $4.50 X98 per square foot of approved sidewalk cafe space.
(3) Renewals of a Sidewalk cafe permit and payment of fees must be submitted and
approved on or before July 1st of each year.
(4) Late Renewal Fee: If a renewal payment is not submitted by July 1st, it shall be
considered late and subject to a late fee of ten-percent (10%), plus an additional five-percent (5%)
late fee if payment is not received by the first of each month thereafter until paid, provided that the
total fee shall not exceed twenty~pereent (20%). If a renewal payment is not submitted by July 1st,
the City has the right to inuriediately cancel the Sidewalk Cafe pemmit upon written notice to the
permit holder.
(B) Applicability. The provisions of this section shall apply to all existing and proposed
sidewalk cafes effective July 1, 2005.
(C) Required Information: In addition to the required permit application and permit fee, the
following must be provided at the time the application is submitted or xm~mewed:
(1) A copy of a valid eec~atie>~lieepse business tax receipt; and description of use.
(2) A sketch plan of the area betmneen the store front and vehicular travel surface Q
lic e drawn to a minimturm scale of 1" = 10' which shows:
(a) The sidewalk cafe area including square footage and durensions;
(b) The store front and all openings (doors, windows);
(c) The location of curb, sidewalk, and any utility poles, fire hydrants, landscaping, or
other items, within the right-of-way and private property, bet~en the curb and
the store front including dimensions;
2 ORD NO. 37-10
(d) 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
or public space) adjacent to the proposed use area;
(e) Clear delineation of the botmdary behtieen private property and the right-of-way
including dimensions;
(f) Delineation of "clear pedestrian pathways' and "No Table Zones" as required by
Subsection (F) (5);
(g) Proposed location of chairs with tabkes, and other private features such as but not
limited to hostess stands, umbrellas, etc.;
(h) Proposed location of sidewalk cafe barriers as required by Subsection (F) (7);
(i) Photographs and/or manufacturer brochures depicting the chairs, tables,
umbrellas, menu boards and logos, and other temporary private features
including, but not limited to, lighting. nlan,~ tern, ropes, stanchions and other
gc~w~ to be used in the proposed sidewalk cafe area.
(j) If the Permittee intends to use property in front of an adjacent business, the
perrnittee must submit a notarized statement from the adjacent business owner(s)
indicating the adjacent business owner has allowed the use of the sidewalk in the
front of their busines(s), on a form acceptable to the City.
(3) Proof of Insurance and a Hold Harmles Agreement in a form acceptable to the City
Attorney.
(D) Processing The pemut application including the Required Infom~ation as requested in
Subsection (C) above shall be submitted to the Comtruuuty Improvement Department for
processing. Appeals shall be governed by Section 2.4.7(E ).
(E) Geographic Limitation A permit for a sidewalk cafe may be issued within those zoning
districts which allow restaurants, subject to any limitations or restrictions of the particular district.
(F) 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 or busines, where the food product is prepared, processed, or
assembled on the premisE~s (for example: deli, ice cream store, can store sandwich shop) where
the food prodtrt preparation is the main or sole purpose of the business A busines that prepares
ORD NO. 37-10
(2) A sidewalk cafe may only be established in front of the business or along a side street
adjacent to the business, or public space, and such businesses immediately adjacent to the business
with which the sidewalk cafe is associated The sidewalk cafe shall not be established adjacent to a
travel lane or on street parking, unless there is no ability to establish a sidewalk cafe adjacent to the
storefront, in which case a sidewalk cafe may be located adjacent to a traffic lane or street parking as
long as a five foot clear pedestrian path is provided and the tables and associated chairs provide a
(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 Tables, chairs, umbrellas, barriers and other
urban environment as previously any the City and as shown and depicted in the approved
Sidewalk Cafe permit.
(5) Sidewalk cafe operators shall maintain a clear pedestrian path of a minirruun of five
feet (5') at all times. The five foot (5') clear pedestrian path shall be parallel to the street and/or
alley. In the event a five foot (5') clear pedestrian path adjacent to the curb is interrupted by street
furniture, trees, tree grates or similar irr~edirrtients, then the sidewalk cafe operator may provide for
a five foot (5') clear pedestrian path commencing from the edge of the irripedirr~ent closest to the
building facade for a distance of five feet (5~ towards the building. In areas of higher pedestrian
traffic or activity or if conditions are such that additional clearance is required to assure safe
pedestrian travel, additional clear space shall be regLrired. A clear pedestrian path greater than five
feet (5~ maybe on sidewalks with an adjacent traffic lane.
(6) A "No Table Zone" is hereby established. No sidewalk cafe tables or chairs shall be
located within the "No Table Zone". The "No Table Zone" is that area located at the intersections
of Atlantic Avenue with any side street, within fifteen feet (15') of the extended curb line. The
fifteen feet (15') will be measured perpendicular to the street from the extended curd. For non-
Atlantic Avenue intersections, the "No Table Zone" shall be ten feet as measured above.
(~ The sidewalk cafe area is to be segneg~ted from the pedestrian pathway by means of
barriers such as planters, railings or other similar rroveable fixttu~es or other clearly visible
demarkation No part of the ~e barrier shall net be located within the regLrired 5' clear pedestrian
pathway as defined in subsection (5~ above.
4 ORD NO. 37-10
(3) Alcoholic beverages may be consurr~ed at a sidewalk cafe.
(8) In addition to previously approved business signs, the sidewalk cafe may have one of
the following signs:
(a) A wall rrounted menu board sign that does not exceed three square feet (3 sq.ft.).
(b) A free standing easel or art object that does root exceed five feet (5') in height that
holds a menu board with a sign face not to exceed six square feet (2 ft. x 3 ft.).
(c) Logos upon table umbrellas.
The free standing easel or art object must be placed immediately in front of the business in the
permitted sidewalk cafe area These signs shall not require further Site Plan Review and Appearance
Board approval and are an exemption to regtrix~errients with the Gt~s sign code. Portable signs shall
be prohibited except as allowed in Section 4.6.7(E)(3)(d) Grand Opening Portable Signs.
(9) Use area and/or seating capacity realized through a sidewalk cafe i.~se and contiguous
outdoor dining areas shall not invoke provisions of the zoning code as they pertain to parking or
other rrtiztters.
(10) Food may be carried to tables by patrons or served by a table waiter. Peeet
The use of food preparation stations, trash receptacles and
cash resters are prohibited within the sidewalk cafe area
X11) The use of carpeting artificial turf or other surfaces of any kind must be approved as
mart of the sidewalk cafe application
(12) All services provided to patrons of a sidewalk cafe and all patron activity~i.e., sitting
dining etc.) shall occur within the designated sidewalk cafe area and shall not impinge on the
rggtrired 5' clear distance for pedestxian_passage at any time.
(-1-1.-} Hours of operation shall be the same as the associated busiruesses.
14 (~ The area covered by the permit, including the sidewalk, curb and gutter
immediately adjacent to it, shall be maintained in a clean, neat, attractive 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. The permittee shall also be
responsible to pressure clean the sidewalk surface on which the sidewalk cafe is located at least once
a week or rriore frequently, if needed and pickup all litter and debris including litter and debris in the
landscaped areas adjacent to the sidewalk cafe area under perrrut.
ORD NO. 37-10
15 (~ 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, each or sidewalk within or near the
permitted area
(G) Liability and Insurance:
(1) Prior to the issuance of a permit, the applicant shall famish 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 terns of the permit.
(2) Permittee shall famish 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) for bodily injury, and property damage respectively, per occurrence. Such icisurarice
shall name the City, its officers and employees as additional insureds and shall further provide that
the policy shall not tem~inate or be canceled without thirty (30) days written notice to the City.
(I-I) Penalties for Violations: In addition to the remedies provided in Section 6.3.3(I), the
following penalties will be imposed upon the issuance of a written notice to the permittee shall be
given as follows:
1~ violation - a written warning
2nd violation - up to $~A8150 fine
3rd violation - up to $~5 250 fine
(I) Denial, Revocation, or Suspension of Permit; Removal and Storage Fees; went
Jurisdiction of the Code Enforcecrent Board or Civil Violations; Emergencies:
(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 rvecessary business or health permit has either been s'~ revoked, or
canceled or has lapsed.
(b) The permittee cloes not have irestffacue which is correct and effective.
ORD NO. 37-10
(c) Changing conditions of pedestrian or vehicular traffic cause congestion
necessitating rerrloval or modification of the sidewalk cafe, in order to avoid
danger to the health, safety or gerueral welfare of pedestrians or vehicular traffic.
(d) The perrruttee has failed to correct violations of this subchapter or conditions of
permitting within three (3) days of receipt of written notice of same.
(e) If the pem~ittee receives more than three (3) Code Enforcement violations
and/or civil violations in a 12 rronth period from the issr.>arue of its permit for
non compliance to this Section, the permit shall be terrninated and no refunds of
the permit application fee shall be granted The perrnittee may not receive a new
pemut for six months.
(f) The Sidewalk Cafe cbe`s not enhance or conform to the aesthetic ambiance of the
area or is not compatible with other adjacent businesses or sidewalk cafes.
(2) The City many rerrove or relocate or order the rerrtioval 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 rerrove said items within thirt}~six (36) hours of receipt of
the written notice from the City Manager or his/her' designee ordering rerroval or relocation
However, in the event of an emergency, no written notice of relocation or rerroval shall be given
and relocation and/or rerroval shall comrrlence immediately.
(3) The permittee may appeal the order of the City Manager pursuant to Section 6.3.3Q),
below
/4) TL, /-' ,.1 1~ F ~ a R a 1, 11 1,,, .«...,,~~ «-:~.a;,.a;.,,, .. ~,l~E:,,.,~ .,[
ll _ir~es for noncompliance shall be in accordance with Chapter
37 of the Code of Ordinances.
(5) The sidewalk cafe permit maybe suspended upon written notice of the City Manager
or his/her designee and removal maybe ordered by the City w~Yben repairs necessitate such action
(6) In addition, the City may immediately remove or relocate all or parts of the sidewalk
cafe or order said removal or relocation in ey situations, without written notice. In an
emergency or upon the issuance of a hurricane wanvng or notification of another weather
emergency by the county, the perrnittee shall forthwith place indoors all tables, chairs, and other
equipment located on the sidewalk Failure to comply shall result in violation of this subsection
which shall result in the issuance of a fine not to exceed $500.00.
Q) Appeals.
~ ORD NO. 37-10
(1) Appeals of the decision of the City Manager or his/her designee shall be initiated
within ten (10) days of a pem~it denial, revocation or suspension, or of an order of rerroval 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 Conunission
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. The City Commission
shall apply the standards set forth in 6.3.3(I).
(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 rerroval 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 3. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or vwrd 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 all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading
PASSED AND ADOPTED in regular session on second and final reading on this the
day of , 2010.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading;
g ORD NO. 37-10
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Paul Dorling, AICP, Director of Planning and Zoning
THROUGH: City Manager
DATE: October 13, 2010
Page 1 of 2
SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF OCTOBER 19, 2010
ORDINANCE N0.37-10
ITEM BEFORE COMMISSION
Consideration of acity-initiated amendment to the Land Development Regulations (LDRs) that will
modify and provide additional clarification to the regulations for sidewalk cafes.
BACKGROUND
Section 6.3.3 of the Land Development Regulations identifies the permitting process, associated fees,
and regulations governing the use, design and maintenance of sidewalk cafes. The proposed
modifications provide additional clarification as to where sidewalk cafes can locate, what businesses
can utilize sidewalk cafes, provide for minimum setbacks from vehicular travel lanes and outline certain
operational functions that are prohibited within the sidewalk cafe area. The proposed changes also
increase the application, permit and penalty fees associated with the use. In summary, the following
substantial changes are proposed:
-Clarifies that retail businesses with food sales as an accessory use are not eligible for sidewalk cafe
permits. These changes are necessary to address on going issues as well as evolving concerns related to
the proliferation of sidewalk cafes in association with primarily retail uses;
-Provides clarification that certain operational functions (food prep, trash receptacles, and cash
registers) are prohibited in the sidewalk cafe area;
-Expands the area where sidewalks cafes can occur to include areas adjacent to public spaces and areas
between the side street and the building in addition to the current language which allows the use only in
areas between the front of the building and the street;
-Increases the application, permit and penalty fees;
-Includes aesthetic changes, including a requirement that street furniture associated with the cafe use be
of a quality design, materials and workmanship that will enhance the visual and aesthetic quality of the
http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=3915&MeetingID=274 10/25/2010
Coversheet
Page 2 of 2
urban environment. The changes also require aesthetic approval of elements such as carpeting, artificial
turf or other surfaces; and
-Requires a minimum two foot setback for tables and associated chairs when they are located
immediately adjacent to a vehicular travel lane.
REVIEW BY OTHERS
The Community Redevelopment Agency unanimously recommended approval at their September 23,
2010 meeting, but recommending the fee increase be limited to 30%. The Downtown Development
Authority unanimously recommended approval at their September 13, 2010 meeting, with clarification
of a 5-foot wide clear area as opposed to 6 feet (this change is reflected in the current ordinance).
The Planning and Zoning Board voted 7 - 0 recommending approval at their September 20, 2010
meeting, with the conditions that 1) markers be placed that are both permanent and visible to mark the
5-foot wide area referred to in the ordinance and, 2) that staff is to advise applicants to provide public
safety measures as part of their application. The City Commission considered the ordinance on first
reading at their meeting of October 5, 2010 where you recommended continuance. Staff was directed to
add language that required a minimum 2' setback for any tables or chairs located immediately adjacent
toa vehicular travel lane. This change has been added to the ordinance.
RECOMMENDATION
By motion, approve on first reading Ordinance No. 37-10 for acity-initiated amendment to the Land
Development Regulations, by adopting the findings of fact and law contained in the staff report and
finding that the amendment is consistent with the Comprehensiv
Section 2.4.5(M) of the Land Development Regulations.
http://itwebapp/AgendaIntranet/Bluesheet.aspx`?ItemID=3915&Me
PLANNING AND ZONING BOARD STAFF REPORT
MEETING DATE: SEPTEMBER 20, 2010
AGENDA NO: V.E
AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS SECTION 6.3.3 (SIDEWALK CAFE).
ITEM BEFORE THE BOARD
The item before the Board is to make a recommendation to the City Commission regarding a ciry-
initiated amendment to Land Development Regulations (LDRs) Section 6.3.3 (Sidewalk Cafe) to
modify and provide additional clarification with respect to the use.
Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may
not be made until a recommendation is obtained from the Planning and Zoning Board.
BACKGROUND/ANALYSIS
Section 6.3.3 of the LDRs indentifies the permitting process, associated fees, and regulations
governing the use, design and maintenance of sidewalk cafes. The proposed modifications provide
additional clarification as to where sidewalk cafes can locate, what businesses can utilize sidewalk
cafes, and outlines certain operational functions that are prohibited within the sidewalk cafe area.
The proposed changes also increase the application, permit and penalty fees associated with the
use. In summary, the following substantial changes are proposed:
• Clarify that retail businesses with food sales as an accessory use are not eligible for
sidewalk cafe permits;
• Provide clarification that certain operational functions (food prep, trash receptacles, and
cash registers) are prohibited in the sidewalk cafe area;
• Expansion of the area where sidewalks cafes can occur to include areas adjacent to public
spaces and areas between the side street and the building in addition to the current
language which allows the use only in areas between the front of the building and the
street;
• Increase the application, permit and penalty fees; and
• Include aesthetic changes, including a requirement that street furniture associated with the
cafe use be of a quality design, materials and workmanship that will enhance the visual and
aesthetic quality of the urban environment. The changes also require aesthetic approval of
elements such as carpeting, artificial turf or other surfaces.
These changes are necessary to address on going issues as well as evolving concerns related
to the proliferation of sidewalk cafes in association with primarily retail uses.
REQUIRED FINDINGS
Comprehensive Plan Conformance
LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text
amendment is consistent with and furthers the Goals, Objectives and Policies of the
Comprehensive Plan. A thorough review of the Comprehensive Plan was conducted and while
there are no specific goals, objectives, or policies to which this amendment would apply, the
amendment is not inconsistent with the Comprehensive Plan.
REVIEW BY OTHERS
The amendment was reviewed by the Downtown Development Authority at their meeting of
September 13, 2010 and they unanimously recommended approval subject to a condition which
has been incorporated into the ordinance.
The Community Redevelopment Agency was scheduled to consider the amendment at their
September 16, 2010 meeting however the meeting was canceled. The CRA will consider the
amendment prior to second reading by City Commission and their recommendation will be
presented to City Commission.
Courtesy Notices
Courtesy notices were provided to the following homeowner and civic associations:
^ Neighborhood Advisory Council
^ Progressive Residents of Delray (PROD)
Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting.
ASSESSMENT AND CONCLUSION
The amendment is consistent with the City's Comprehensive Plan and is necessary to address on
going issues as well as evolving concerns related to the proliferation of sidewalk cafes in
association with primarily retail uses.
ALTERNATIVE ACTIONS
A. Continue with direction.
B. Move a recommendation of approval to the City Commission of the amendment to Land
Development Regulations, Section 6.3.3, "Sidewalk cafe", by adopting the findings of fact
and law contained in the staff report, and finding that the text amendment and approval thereof
is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section
2.4.5(M)
C. Move a recommendation of denial to the City Commission of the amendment to Land
Development Regulations, Section 6.3.3, "Sidewalk cafe", by adopting the findings of fact
and law contained in the staff report, and finding that the text amendment and approval thereof
is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR
Section 2.4.5(M) (motion to be made in the affirmative).
2
RECOMMENDED ACTION
Recommend approval of the amendment to Land Development Regulations, Section 6.3.3,
"Sidewalk cafe", by adopting the findings of fact and law contained in the staff report, and finding
that the text amendment and approval thereof is consistent with the Comprehensive Plan and
meets the criteria set forth in LDR Section 2.4.5(M).
Attachment:
^ LDR Text Modification
3