Ord 05-05
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ORDINANCE NO. 5-05
AN ORDINANCE OF THE CI1Y COMMISSION OF THE
CI1Y OF DELRA Y BEACH, FLORIDA, AMENDING
SECTION 6.3.3, "SIDEWALK CAIÉ', OF THE LAND
DEVELOPMENT REGULATIONS, TO PROVIDE FOR A
PERMIT WITH AN APPLICATION FEE AND A FEE PER
SQUARE FOOTAGE OF SIDEWALK CAIÉ SPACE,
RENEWALS, APPLICABLILI1Y, REQUIRED
INFORMATION, PROCESSING, GEOGRAPHIC
LIMITATION, REGULATIONS REGARDING USE,
DESIGN AND MAINTENANCE, LIABILI1Y AND
INSURANCE; PENALTIES; DENIAL, REVOCATION AND
SUSPENSION OF PERMIT, JURISDICTION OF CODE
ENFORCEMENT BOARD, AND APPEALS, PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
WHEREAS, the City has permitted sidewalk cafes to be located in certain areas of the City;
and,
WHEREAS, the City desires to modify the Land Development Regulations governing
sidewalk caé ordinances in order to provide for the public health, safety, and welfare of the residents
of the City and its visitors.
NOW, THEREFORE, BE IT ORDAINED BY THE CI1Y COMMISSION OF THE
CI1Y OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Article 6.3, "Use and Work in the Public Right-of-Way", is hereby
amended by amending Section 6.3.3, "Sidewalk Cae' as follows:
Section 6.3.3 Sidewalk Cafe: A sidewalk cafe is a group of tables aftà with chairs and permitted
dee:6rati" e aad ae:e:essol} devie:es associated articles approved by the Cit;y 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 are allowed only when in compliance with this Section.
(A) Pennit and Fees R£quiKtI: 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 issued on a form whieft
shaY be provided by the City of Dekay Beach. Eagiaeer apOft reqaest. No permit shall be issued
until all the requirements of the this Section have been met. Permits shall not be transferable.
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1. Each permit shall be effective for one year. from January 1st until December 30th. Any permit
application received after July 1 st will pay one-half of the cost of the permit fee and the
permit shall expire December 30th of the same year.
2. The sidewalk café application fee is one hundred dollars ($100.00). The permit fee is $3.00
per square foot of approved sidewalk café space.
3. Renewals of a Sidewalk café permit and payment of fees must be submitted and approved
on or before October 1 st of each year.
(B) Ap!>licability: The provisions of this section shall apply to all existing and proposed
sidewalk cafes effective July 1. 2005. loeated withifl a SHeet right of wa,. HO'W ~ et, sidewa:Rí eafes
-whie:h eJåst as of Jt1:l, 1, 1998, shaY hJrie 90 d~s to e:offif'l, with the prov1sÏ6as of this seetioft,
indeding the reqt1irt:meat t6 8bœ1a a permit.
(C) Required Infonnation: In addition to the required permit application and permit
fee, the following must be provided at the time the application is submitted or renewed:
(1) A copy of a valid occupational license; and description of use.
(2) A sketch plan of the area between the store front and vehicular travel
surface, drawn to a minimum scale of 1" = 1 0' which shows:
(a) The sidewalk café area including square footage and dimensions:
(ft).(b) The store front and all openings (doors, windows);
tb7W 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 including dimensions;
~{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) adjacent to the proposed use area;
(ð7W Clear delineation of the boundary between private property and the
right-of-way including dimensions;
W!f). Delineation of "clear pedestrian pathways" and " elea:r àisœne:es II
"No Table Zones" as required by Subsection (F) (5):
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ORD. NO. 5-05
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-(t1W Proposed location of chairs; with tables, and other private features
such as but not limited to hostess stands. umbrellas. etc.;
(g1.(b). Proposed location of sidewalk caé barriers as required by Subsection
Œl.CZ);
(g1@ Photographs and/or manufacturer brochures depicting the chairs,
tables, umbrellas, menu boards and logos. and other private features
including, but not limited to, lighting to be used in the proposed
sidewalk cafe area.
ß) If the Permittee intends to use propert;y in front of an adjacent
business. the permittee 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 business(s). on a
form acceptable the Cit;y.
(3)
the City Attorney.
Proof of Insurance and a Hold Harmless Agreement in a form acceptable to
(D) Processing: The permit application including the Required Information as
requested in Subsection (C) above shall be submitted to the Community Improvement Department
for processing. The Cit} Eagiaeer shaY te,,"'Ïe ~ the permit applicatioft for eomp1:Ìftaee ~~ this
Section and shaY isstle permits ae:eord:iftgl,. The actioft of the Ci~ Eagiaeer ma, be appealed
ptJ:fstlaat to 8eetioa 2.4.7(E). Appeals shall be governed by Section 2.4.7ÇE).
(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 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. =Hie
side ~ alk caÉ operator ffit13t reeei~ e the pe:rtnÏssioft, Ïft a fuffti aee:eptahle to the Cït" &em aàjaee:ftt
htlsmesses befure esœbJishiag the side-waRr eaÉ Ífi &Oftt of sueh aàjaeeat htlsmesses. The sidewalk
caé shall not be established adjacent to a travel lane or on-street parking. unless there is no abilit;y to
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ORD. NO. 5-05
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establish a sidewalk café adjacent to the storefront. in which case a sidewalk café may be located
adjacent to a traffic lane or street parking as long as a five foot clear pedestrian path is provided.
However. a sidewalk café may be established adjacent to a landscape node.
(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) }~ dear path~ aJ, pa:raYcl with the street, ~~th a ~ ~';dth of fiye feet
(5') shaR he mftÎfttftÏfted for t:M6tlgh pedestrian ttaffie. }~ gfeater width may; he reqeired as a
eoaàiti6a 6f apprM aI.
(610). .L\ elea:r distanee with a ~ 6f fi~ e feet (5') shaR be provided from aft]
aYq, er6SS ~ aHr, fire h, dftnt, or siœ::iIM sÏtuati6ß. .L\ gfeater dear distaftee maJ be reqaired as a
eoftditioaal of appr~ at Sidewalk café operators shall maintain a clear pedestrian path of a
minimum 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 café
operator may provide for a five foot (5') clear pedestrian path commencing from the edge of the
impediment closest to the building façade 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 required. 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 sidewalk café 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
non-Adantic Avenue intersections. the "No Table Zone" shall be ten feet as measured above.
(}) The sidewalk café area is to be segregated from the pedestrian pathway by
means of barriers such as planters. railings or other similar moveable fixtures or other clearly visible
demarcation. The barrier shall not be located within the required clear pedestrian path.
~ !ID In addition to previously approved business signs, the sidewalk cafe may
have one of the following ad" eftlsÏftg signs:
(a) A wall mounted menu board sign that does not exceed three square feet
(3 sq.ft.).
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(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.
mefttl hða:rtb Oft the œàks aad logos epoft œbk tlffihrell8:s. These items free standing easel or art
object must be placed immediately in front of the business in the permitted sidewalk caé area. These
~ shall not require further Site Plan Review and Appearance Board approval and are an
exemption to requirements with the City's sign code. Portable signs shall be prohibited except as
allowed in Section 4.6.7ÇE)(3)(d) Grand Opening Portable Signs.
~ (2) 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.
~ .(1.Q) Food may be carried to tables by patrons or served by a table waiter. Food
shall not be prepared in the sidewalk cafe area.
fW1 !11l Hours of operation shall be the same as the associated businesses.
(11) The permit mit} be sespended ttpon 'W ritteft ftotiee of the Ci~ ~b.ftagt:r or
his/her desigRee of the side~aRr eaf, and remmal mR-J be ordered h} the Ci~ ~heft repft:Ïfs
aeeessiœte stieh ae:tion. The Cït, hO'W ~ er, mR-J immediate!, reffim e or reloeated aY Of parts of the
sidewalk eaÉ or order said remo y al Of reloe:atioft ia eœergt:fte, simatioas, withotit ~ titten ftotiee.
(12) Tahks, ehairs, 1:1fBèreDa, Mid ~ 6thU ðhjee:ts p16yitled withift a siàt:~a:Ik œ£
shaY he mft:Îfit1tÎfted in a ekaft aad attfteti~ e maflfiU aad shaR be in good repft:Ïf at aY times, eftstlfÏftg
a ~ aad aeat appeaftftee. Tahles aad ehøs shaR be mO"i ed iaside the bW:ldiag, sœeked Read,
aga:iftst the hötiàing, at dose of eae:h heSÌftess daJ.
(12) The area covered by the permit. including the sidewa1k 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 caéis located at least once a
week or more frequently. if needed and pick up all litter and debris including litter and debris in the
landscaped areas adjacent to the sidewalk caé area under permit.
(13) 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.
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(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.
(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) 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.
(H) Penalties for Violations. In addition to the remedies provided in Section 6.3.3(1). the
following penalties will be imposed upon the issuance of a written notice to the permittee shall be
given as follows:
1 st violation - a written warning
2nd violation - up to $100 fine
3rd violation - up to $175 fine
(I) Denial. Revocation. or Suspension of Pennit: Removal and Storage Fees:
Concurrent] uris diction of the Code Enforcement Board~; 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 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 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 permittee has failed to correct violations of this subchapter or
conditions of permitting within three (3) days of receipt of written notice
of same.
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ORD. NO. 5-05
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(e) If the permittee receives more than three (3) Code Enforcement
violations in a 12 month 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 pemitee may not
receive a new permit for six months.
(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 or his /her designee 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)
6.3.3 .(Jl, below.
The permittee may appeal the order of the City Manager pursuant to Section
(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.
(5) The sidewalk café permit may be suspended upon written notice of the City
Manager or his /her designee and removal may be ordered by the City when repairs necessitate such
action.
(6) In addition. the City may immediately remove or relocate all or parts of the
sidewalk café or order said removal or relocation in emergency situations. without written notice. In
an emergency or upon the issuance of a hurricane warning or notification of another weather
emergency by the county. the permittee 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.
(J) Ap!>eals:
(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.
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ORD. NO. 5-05
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(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 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 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4.
That this ordinance shall become effective April 1, 2005.
\ ~ PASSED ~DOPTED in regular session on second and final reading on this the
\. day of ~ , 2005.
~Y~R ~
ATTEST:
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CI1Y CLERK
First Reading :2\ \S \ öS
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Second Reading
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ORD. NO. 5-05
MEMORANDUM
SUBJECT:
MAYOR AND CI1Y COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # \ Q~ - REGULAR MEETING OF MARCH 1. 2005
ORDINANCE NO. 5-05
TO:
FROM:
DATE:
FEBRUARY 25, 2005
This ordinance is before Commission for second reading and public hearing for a City initiated
amendment to Land Development Regulations (LDR) Section 6.3.3, "Sidewalk Café", to strengthen
requirements to mitigate issues and concerns identified in the Clean and Safe Committee studies of
the downtown area.
The initial ordinance establishing Sidewalk Cafés was adopted by the Commission in 1990 as part of
the City's Land Development Regulations (LDR). The ordinance was designed to permit and
encourage the use of both public and private sidewalks located within the Central Business District
for outside dining. With the renaissance and growth of downtown Delray Beach, the need to manage
this amenity, while protecting the charm and pedestrian-friendly atmosphere of the downtown, has
become increasingly more challenging. The Clean and Safe Committee recommended that the
Sidewalk Café Ordinance be revised with applicable sections changed to strengthen requirements to
mitigate the issues and concerns identified in their studies of the downtown area.
The Planning and Zoning Board held a public hearing at its meeting of January 24, 2005. Several
members of the public spoke on this issue. Most were supportive of the changes, but asked for
clarification of the language. The Board voted 5-0 to recommend to the City Commission approval
of the proposed amendment, based upon positive findings of fact and law contained in the staff
report and finding that the request is consistent with the Comprehensive Plan and meets the criteria
set forth in LDR Section 2.4.5(M) (Amendment to Land Development Regulations).
At the first reading on February 15,2005, the City Commission passed Ordinance No. 5-05.
Recommend approval of Ordinance No. 5-05 on second and final reading.
S:\City Clerk\agenda memos\Ord.5-05 Sidewalk Cafes.03.01.05
CITY COMMISSION DOCUMENTATION
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TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGER
LULA BUTLER, DIRECTOR OF COMMUNITY IMPROVEMENT ¿,8
JANET MEEKS, EDUCATION COORDINATOR
MEETING OF FEBRUARY 15, 2005
CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS SECTION 6.3.3 SIDEWALK CAFES
BACKGROUND
The initial ordinance establishing Sidewalk Cafés was adopted by the City Commission in 1990
as part of the City's Land Development Regulations (LOR's). The ordinance was designed to
permit and encourage the use of both public and private sidewalks located within the Central
Business District for outside dining. Most of the cafes have been established along the East
Atlantic Avenue corridor. Downtown Delray has become very successful with an exciting and
diverse mix of high-end restaurants growing from just a few sidewalk cafes in the early 1990's to
145 in January 2005. With the renaissance and growth of downtown Delray Beach, the need to
manage this amenity, while protecting the charm and pedestrian-friendly atmosphere of the
downtown, has become increasingly more challenging. The Clean and Safe Committee
recommended that the Sidewalk Café Ordinance be revised with applicable sections changed to
strengthen requirements to mitigate the issues and concerns identified in their studies of the
downtown area. Additional background and a detailed analysis of the text amendment are
provided in the attached Planning and Zoning Board staff report.
REVIEW BY OTHERS
Plannina and Zonina Board: The Planning and Zoning Board held a public hearing regarding
this item at its meeting of January 24, 2005. Several members of the public spoke on this issue.
Most were supportive of the changes, but asked for clarification of what the language meant.
The Board voted 5-0, (Kincaide absent), to recommend that the City Commission approve the
proposed amendment by adopting the findings of fact and law contained in the staff report.
RECOMMENDED ACTION
Move to approve the amendment to the Land Development Regulations, Section 6.3.3 by
adopting the findings of fact and law contained in the staff report and finding that the request is
consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the
Land Development Regulations, with second reading to occur on March 1, 2005.
Attachment: Planning & Zoning Board Staff Report of January 24, 2005
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DHRAY BEACH
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2001
PLANNING AND ZONING BOARD
MEMORANDUM STAFF REPORT
DELRAY B£ACH
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MEETING DATE: JANUARY 24, 2005
AGENDA ITEM: IV.B. - CITY-INITIATED LDR AMENDMENT TO SECTION 6.3.3
SIDEWALK CAFES.
ITEM BEFORE THE BOARD
~
The item before the Board is that of making a recommendation to the City Commission
regarding an amendment to the Land Development Regulations Section 6.3.3 Sidewalk
Cafes, pursuant to LDR Section 2.4.5(M)(5).
Pursuant to Section 1.1.6 (A), an amendment to the Land Development Regulations may
not be made until a recommendation is obtained from the Planning and Zoning Board.
BACKGROUND
I
The initial ordinance establishing Sidewalk Cafés was adopted by City Commission in
1990 as part of the City's Land Development Regulations (LDR's). The ordinance was
designed to permit and encourage the use of both public and private sidewalks located
within the Central Business District for outside dining. Most of the cafes have been
established along the East Atlantic Avenue corridor. Downtown Delray has become very
successful with an exciting and diverse mix of high-end restaurants growing from just a few
sidewalk cafes in the early 1990's to 145 in January 2005. With the renaissance and
growth of downtown Delray Beach, the need to manage this amenity while protecting the
charm and pedestrian-friendly atmosphere of the downtown has become increasing more
challenging.
The Clean & Safe Committee established by the Downtown Development Authority (DDA),
was organized to address the cleanliness, maintenance standards and overall appearance
of the area. The Committee consisted of business and property owners, and City staff
from various departments, who met over the past 12 months and identified a number of
concerns and undesirable conditions. Some of the major issues were related to sidewalk
cafés as follows:
· The surface of most of the sidewalks were dirty. The frequency of pressure cleaning
was inadequate for the amount of traffic and services being provided.
· Restaurant owners were routinely in violation of their liquor license requirements.
· Encroachment of tables and chairs into the required 5' pedestrian pathway had
become routine.
· Sidewalk cafés were being established without City approval.
· Expansion of café service areas beyond the approved boundaries was widespread.
IV.B
Planning and Zoning Board Staff Report
LDR Amendment -Sidewalk Cafe Ordinance
Page 2
. The public consumption and sale of alcoholic beverages in particular along the East
Atlantic Avenue corridor was a growing concern
Sidewalk Cafés are a highly desired amenity which have been a tremendous draw for
customers into the downtown and an important revitalization tool. While there continues to
be strong support to encourage outside dining within the CBD, the Committee
recommended that the Sidewalk Café Ordinance be revised with applicable sections
changed to strengthen requirements to mitigate the issues and concerns identified.
The proposed changes were reviewed at staff level and the Clean & Safe committee. After
some modifications five (5) local restaurant owners with sidewalk cafés were invited to a
meeting at City Hall where the proposed changes were presented. The business owners
were supportive of the changes and felt that they were reasonable and fair. However, they
weren't sure if the fee should be based on the number of seats, tables or by square
footage of the café area. Staff agreed to do some additional research and consideration of
the most appropriate method of assessing the permit and annual renewal fee which is
discussed below under the Analysis.
ANAL YSIS
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Fees:
Currently the code requires a flat permit fee of $50 which is renewable each year for any
size sidewalk café. Our research found that most Cities required additional parking for
outdoor dining areas and a fee assessed on either a per seat or square foot basis for cafés
established on the public right-of-way.
Staff felt that it was too difficult to charge on a per seat or table basis as restaurants
frequently change the seating arrangements based on the number of people being seated
(2, 4 or 6 tops); that the number of tables may be increased during a special event or
decreased during the summer months when business is slower. It was determined that
the most equitable method of assessing the new fee is by square footage. The square
footage for this purpose is inclusive of both the public and private sidewalk areas since the
City does not require additional parking for the expanded service area. Staff is therefore
recommending a $3 per square foot fee be assessed for each area applied for use as
a sidewalk café, minus the 5' clear pedestrian path. The fee would be renewable each
year.
For example, a small ice cream shop with 100 square feet of sidewalk café area
(accommodates 1-2 tables) assessed at $3 per square foot would be charged a permit fee
of $300. A large restaurant with 560 square feet (which may accommodate up to 15
tables) would be charged a permit fee of $1,680.
Planning and Zoning Board Staff Report
LDR Amendment -Sidewalk Cafe Ordinance
Page 3
Reaulations:
Pedestrian Path and Barriers - New language is provided to clarify that the 5' pedestrian
path must be clear of obstacles at all times and maintained parallel to the street. A
sidewalk café shall not directly abut the on-street parking, if possible to avoid safety issues
and conflicts between vehicles and tables. In addition, sidewalk cafés must be segregated
from the pedestrian pathway with a barrier or demarcation of owner's choice. This would
help to ensure that the 5' pathway is kept clear and the tables and chairs are being
maintained within the approved area of the sidewalk café. Also a "No Table Zone" has
been established at intersections to provide adequate space for pedestrians and access to
the handicap ramps at the intersection.
Signs - Menu board signs will be allowed as part of the sidewalk café permit that does not
require additional approval from the Site Plan Review and Appearance Board or the
Historic Preservation Board as applicable. These signs must be placed immediately in
front of the business and within the permitted sidewalk café area. Portable signs shall be
prohibited except as allowed under Grand Opening Portable Signs [LDR Section
4.6.7(E)(3)(d)].
Cleanliness - Language has been added to require the permittee to be responsible to
clean the sidewalk surface at least once a week or more frequently if needed.
Liability - A section has been added which provides for penalties and violations. The
permittee will receive three warnings in which fines will be assessed. However, after the
third violation notice, the sidewalk café permit will be terminated and cannot be renewed
for six months. This is a very stiff penalty and should help with enforcement issues.
REQUIRED FINDINGS
LDR Section 2.4.5(M)(5). Amendment to the Land Development Reaulations,
Findinas: In addition to the provisions of Section 1.1.6(A), the City Commission
must make a finding that the text amendment is consistent with and furthers the
Goals, Objectives, and Policies of the Comprehensive Plan.
Future Land Use Element Objective C-4:
The Central Business District (CBD) represents the essence of what is Delray Beach i.e. a
"village like, community by the sea". The continued revitalization of the CBD is essential to
achieving the overall theme of the City's Comprehensive Plan of'~ City Set Apart In South
Florida". The following policies and activities shall be pursued in the achievement of this
objective.
Future Land Use Element Policv C-4.1: The Central Business District (CBD) Zoning
District regulations shall facilitate and encourage rehabilitation and revitalization and shall,
at a minimum, address the following:
Planning and Zoning Board Staff Report
LOR Amendment -Sidewalk Cafe Ordinance
Page 4
o deletion of inappropriate uses
o Incentives for locating retail on the ground floor with office and residential use on
upper floors
o Accommodating parking needs through innovative actions
o Incentives for dinner theaters, playhouses, and other family oriented activities
o Allowing and facilitating outdoor cafes
o Incentives for mixed use development and rehabilitations
o Elimination of side yard setback requirements
o Allow structural overhang encroachments into required yard areas
The proposed changes to the Ordinance helps to better facilitate and manage sidewalk
cafes that is an amenity that continues to help with the revitalization of the CSO and
therefore furthers the Goals, Objectives, and Policies of the Comprehensive Plan in
accordance with LOR Section 2.4.5(M)(5).
REVIEW BY OTHERS
~
Downtown Development Authority (DDA): The proposed amendment was reviewed by
the OOA at its January 10, 2005 meeting. The DDA recommended approval of the
proposed changes but requested that the Ordinance be revised to clarify how the 5'
pedestrian pathway was to be measured and if tables could be placed adjacent to a travel
lane.
West Atlantic Redevelopment Coalition (WARC): The proposed amendment was
reviewed by W ARC on January 12, 2005 and recommended approval of the amendment
with a recommendation that new businesses be exempt from paying the permit fee for one
year to allow the businesses time to get established.
Community Redevelopment Agency (CRA): The proposed amendment was reviewed
by the CRA on January 13, 2005 and recommended approval of the amendment and did
not support WARC's recommendation. However, if WARC's recommendation is
considered, that it only applies to the West Atlantic Avenue corridor.
Community Input Meeting: Staff held a community input meeting regarding the
amendment on January 19, 2005. The meeting was attended by a five business owners,
and two residents. While they were not opposed to the pressure cleaning requirement,
they noted it is a big expense for a smaller operator. The residents voiced concerns with
allowing tables to be placed along the curb adjacent to parked cars based on safety
Planning and Zoning Board Staff Report
LDR Amendment -Sidewalk Cafe Ordinance
Page 5
issues. The business owners requested that the size of the menu board on a free standing
easel be changed to allow a sign face of 2' x 3' as this was a standard size in the industry.
No one voiced concerns with the proposed new permit fee
The attached Ordinance was revised to address the OOA concerns to clarify the language
regarding the 5' pathway and where the tables and chairs are to be placed. The size of the
menu board was changed to the larger size to accommodate the wishes of the business
owners. In addition, the date for the provisions of this section to be effective was changed
from April 1 st to July 1, 2005 to allow more time for the existing owners to comply.
ALTERNATIVE ACTION
1
1. Continue with direction.
2. Recommend to the City Commission approval of the proposed text amendment to
LOR Section 6.3.3 Sidewalk Café by adopting the findings of fact and law contained
in the staff report and finding that the request is consistent with the Comprehensive
Plan and meets the criteria set forth in LOR Section 2.4.5 (M) (5).
3. Recommend to the City Commission denial of the proposed text amendment to
LOR Section 6.3.3 Sidewalk Café by adopting the findings of fact and law contained
in the staff report and finding that the request is inconsistent with the
Comprehensive Plan and does not meet the criteria set forth in LOR Section 2.4.5
(M) (5).
II
RECOMMENDED ACTION
~
Recommend to the City Commission approval of the proposed amendment to LOR Section
6.3.3 Sidewalk Cafe by adopting the findings of fact and law contained in the staff report
and finding that the request is consistent with the Comprehensive Plan and meets the
criteria set forth in LOR Section 2.4.5 (M) (5).
Attachments
. Proposed Ordinance
ORDINANCE NO. 5-05
AN ORDINANCE OF THE CI1Y COMMISSION OF THE
CI1Y OF DELRA Y BEACH, FLORIDA, AMENDING
SECTION 6.3.3, "SIDEWALK CAFÉ", OF THE LAND
DEVELOPMENT REGULATIONS, TO PROVIDE FOR A
PERMIT WITH AN APPLICATION FEE AND A FEE PER
SQUARE FOOTAGE OF SIDEWALK CAFÉ SPACE,
RENEWALS, APPLICABLILI1Y, REQUIRED
INFORMATION, PROCESSING, GEOGRAPHIC
LIMITATION, REGULATIONS REGARDING USE,
DESIGN AND MAINTENANCE, LIABILI1Y AND
INSURANCE; PENALTIES; DENIAL, REVOCATION AND
SUSPENSION OF PERMIT, JURISDICTION OF CODE
ENFORCEMENT BOARD, AND APPEALS, PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
WHEREAS, the City has permitted sidewalk cafes to be located in certain areas of the City;
and,
WHEREAS, the City desires to modify the Land Development Regulations governing
sidewalk café ordinances in order to provide for the public health, safety, and welfare of the
residents of the City and its visitors.
NOW, THEREFORE, BE IT ORDAINED BY THE CI1Y COMMISSION OF THE
CI1Y OF DELRA Y BEACH, FLORIDA, AS FOILOWS:
Section 1. That Article 6.3, "Use and Work in the Public Right-of-Way", is hereby
amended by amending Section 6.3.3, "Sidewalk Café" as follows:
Section 6.3.3 Sidewalk Cafe: A sidewalk cafe is a group of tables tiià with chairs aHd permitted
deeor8:ti~ e aad aeee330~ cleviee3 associated articles approved by the City 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 are allowed only when in compliance with this Section.
(A) Permit and Fees Requir£EI: 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 reqae3ted issued on a form wftieh
shall be provided by the City of Delray Beach. Eagineer \:1pOH reqee3t. No pennit shall be issued
until all the requirements of the this Section have been met. Pennits shall not be transferable.
1. Each pennit shall be effective for one year. from T anuary 1 st until December 30th. Any permit
application received after Tuly 1 st will pay one-half of the cost of the pennit fee and the
permit shall expire December 30th of the same year.
2. The sidewalk café application fee is one hundred dollars ($100.00). The permit fee is $3.00
per square foot of approved sidewalk café space.
3. Renewals of a Sidewalk café pennit and payment of fees must be submitted and approved
on or before October 1 st of each year.
(B) Applicability: The provisions of this section shall apply to all existing and proposed
sidewalk cafes effective Tuly 1. 2005. loeated ~ithi.a a 3tfeet :right of ~a,. Ho~e~ei', 3idewalk eafe3
~ meh. eJff3t a3 ef J t1:l, 1, 1998, 3ftaY ftJri e 90 dft'Y3 to eOffif'I, ~ ith the pro y i3iofl3 of thi3 3eetioa,
indtldffig the reqefremeat to oeœ1a a permit.
(C) Required Information: In addition to the required pennit application and permit
fee, the following must be provided at the time the application is submitted or renewed:
(1) A copy of a valid occupational license; and description of use.
(2) A sketch plan of the area between the store &ont and vehicular travel
surface, drawn to a minimum scale of 1 II = 10' which shows:
(a) The sidewalk café area including square footage and dimensions:
(ft).(b) The store &ont and all openings (doors, windows);
tb7W 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 including dimensions;
~{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) adjacent to the proposed use area;
(ð7W Clear delineation of the boundary between private property and the
right-of-way including dimensions;
~{.f) Delineation of "clear pedestrian pathways" and "dear àistaat:t:3 "
"No Table Zones" as required by Subsection (F) (5):
2
ORD. NO. 5-05
~f.g,). Proposed location of chairs; with tables, and other private features
such as but not limited to hostess stands. umbrellas. etc.;
fg)!h) Proposed location of sidewalk café barriers as required by Subsection
(F) (1);
fg).(i) Photographs and/or manufacturer brochures depicting the chairs,
tables, umbrellas, menu boards and logos. and other private features
including, but no limited to, lighting to be used in the proposed
sidewalk cafe area.
.(j) If the Permittee intends to use propert;y in &ont of an adjacent
business. the permittee must submit a notarized statement &om the
adjacent business owner(s) indicating the adjacent business owner has
allowed the use of the sidewalk in the front of their business(s). on a
form acceptable the Cit;y.
(3)
the City Attorney.
Proof of Insurance and a Hold Harmless Agreement in a form acceptable to
(D) Processing: The permit application including the Required Information as
requested in Subsection (C) above shall be submitted to the Community Improvement Department
for processing. The Ci~ Eagineer 3haR re~ iew the permit applieatioa fur eOffif'liaaee \\ ith thi3
8eetioH aad 3h.aY i33tle permit3 aeeordingl,. The aetioH of the City EHgineer m~ be appealed
ptlfstlaat to SeetioH 2.4.7(B). 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 legafiy
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. =ate
side ~ aliI: eafé operater fftt1:3t reeei~ e the pelfnÏ33ioa, in a fo1'fti aee:eptsble to the C~, from adjaeeftt
btlsÌtiesses before e3tsbli3hing the 3ide ~ a:Ik eafé .Ïfl freftt of 3\:leh adjaeeftt btl3inesses. The sidewalk
café shall not be established adjacent to a travel lane or on-street parking. unless there is no ability to
3
ORD. NO. 5-05
establish a sidewalk café adjacent to the storefront. in which case a sidewalk café may be located
adjacent to a traffic lane or street parking as long as a five foot clear pedestrian path is provided.
However. a sidewalk café may be established adjacent to a landscape node.
(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) }~ dear path ~ ay, paraRe! with the 3tfeet, ~~th a ~ width of fi~ e feet
(5') 3haR be æa:iflœifted for thrOtlgh. pede3tfÍftH ttaffie. f~ greater ~1.dth æa, be required a3 a
eOHclitioa of apprffl ale
~æ f~ elea:r distsaee with a mifl.imt1œ. of fi~ e feet (5') 3hall ee provitled from a~
aRe" er033 ~ aRt:, itre h, draßt, or 3Ïfni:lM simatioß. }~ greater dea:r àistilaee may be required as a
eOßàitioaal of appr~ ale Sidewalk café operators shall maintain a clear pedestrian path of a
minimum 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 café
operator may provide for a five foot (5') clear pedestrian path commencing from the edge of the
impediment closest to the building façade for a distance of five feet (5') towards the building. In
areas of higher pedestrian traffic or activit;y or if conditions are such that additional clearance is
required to assure safe pedestrian travel. additional clear space shall be required. 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 sidewalk café 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
non-Adantic Avenue intersections. the "No Table Zone" shall be ten feet as measured above.
(7) The sidewalk café area is to be segregated &om the pedestrian pathway by
means of barriers such as planters. railings or other similar moveable fixtures or other clearly visible
demarcation. The barrier shall not be located within the required clear pedestrian path.
f71 .(8) In addition to previously approved business signs, the sidewalk cafe may
have one of the following atl, ertisiag signs:
(a) A wall mounted menu board sign that does not exceed three square feet
(3 sq.ft.).
4
ORD. NO. 5-05
(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 four
square feet (~. 2 ft. x 3 ft.).
(c) Logos upon table umbrellas.
meRtl eoa:rth OH the table3 aRd 10go3 öpOH table U1Ilerella3. These iæms free standing easel or art
object must be placed immediately in front of the business in the permitted sidewalk café area.
These signs shall not require further Site Plan Review and Appearance Board approval and are an
exemption to requirements with the City's sign code. Portable signs shall be prohibited except as
allowed in Section 4.6.7(E)(3)(d) Grand Opening Portable Signs.
~ .(2) 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.
~ .aID Food may be carried to tables by patrons or served by a table waiter. Food
shall not be prepared in the sidewalk cafe area.
fW7 .(11) Hours of operation shall be the same as the associated businesses.
(11) The permit may be 3t13peacled öpoa ~ :rittea ßotiee ef the Ci~ 1fMlager er
hi3/her de3igftee of the 3icle~a:Ik eafé, and reme~ al may be ordered b, the Ci~ ~heß rep8:Ïf3
Heee33itate 3t1eh aetioa. The Ci~ ho ~ e.. er, mft'Y immediate!, remove or re!oeated aD or paf't3 of the
3ide ~ alk eafé or order 3a1d remu\ al Of re!oeatieft Ïfi emergeße, 3imatioH3, ~~thO\1t ~ :ritteß Hotiee.
(12) Table3, ehairs, ttfBbrdla, and a~ ather objeet3 pre~'Ïcled ~tftin a sitte~tik
eafé 3haR be maintained in a deaß aHd attfaeti, e maaßer aHd shall be in gaod repair at all ì:Ì:tfte3,
ea3tlfÏ:ng a tidy aad ßeat appea:raßee. Table3 aHd œ8.:Í:rs shaY be m~ ed Ïfiside the buildffig, staeked
Heat!, agatn3t the bWldffig, at 003e ef eaeh btl3ines3 day.
(12) 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 pennittee shall also be
responsible to pressure clean the sidewalk surface on which the sidewalk café is located at least once
a week or more frequendy. if needed and pick up all litter and debris including litter and debris in the
landscaped areas adjacent to the sidewalk café area under permit.
(13) 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 pennitted area.
5
ORD. NO. 5-05
(G) Liability and Insurance:
(1) Prior to the issuance of a permit, the applicant shall furnish a signed
statement that the pennittee 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) Pennittee 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) 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.
(H) Penalties for Violations. In addition to the remedies provided in Section 6.3.3(1). the
following penalties will be imposed upon the issuance of a written notice to the permittee shall be
given as follows:
1 st violation - a written warning
2nd violation - up to $100 fine
3rd violation - up to $175 fine
(I) Denial. Revocation. or Suspension of Permit: Removal and Storage Fees:
Concurrent Jurisdiction of the Code Enforcement Boardf; 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 necessary business or health pennit has either been suspended,
revoked, or canceled or has lapsed.
(b) The pennittee does not have insurance which is correct and effective.
(c) Changing conditions of pedestrian or vehicular traffic cause
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 pennittee has failed to correct violations of this subchapter or
conditions of permitting within three (3) days of receipt of written notice
of same.
6
ORD. NO. 5-05
(e) If the permittee receives more than three (3) Code Enforcement
violations in a 12 month 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 pemitee may not
receive a new permit for six months.
(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 or his /her designee 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)
6.3.3 -0), below.
The pennittee may appeal the order of the City Manager pursuant to Section
(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.
(5) The sidewalk café permit may be suspended upon written notice of the City
Manager or his /her designee and removal may be ordered by the City when repairs necessitate such
action.
(6) In addition. the Cit;y may immediately remove or relocate all or parts of the
sidewalk café or order said removal or relocation in emergency situations. without written notice. In
an emergency or upon the issuance of a hurricane warning or notification of another weather
emergency by the county. the permittee 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.
0) ApJ'eals:
(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.
7
ORD. NO. 5-05
(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 &om the decision of the Code Enforcement Board shall be to the
circuit court and not to the City Commission.
Section 2. That should any section or proVlslon 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 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4.
That this ordinance shall become effective April 1, 2005.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of , 2005.
MAYOR
ATTEST:
CI1Y CLERK
First Reading
Second Reading
8
ORD. NO. 5-05
Date: February 9, 2005
Agenda Item No. \~f\
AGENDA REQUEST
Agenda request to be placed on:
_X_ Regular
_ Special
_ Workshop
Consent
When: February 15,2005
Description of Agenda Item:
Consideration of an Amendment to the Land Development Regulations, Section
6.3.3, Sidewalk Cafes
Ordinance/Resolution Required: Yes / No
Draft Attached: Yes / No
Recommendation: Approval
d'~
Department Hea SIgnature:
~
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No
Funding Alternatives:
Account # & Description:
(if applicable)
City Manager Review:
Approved for agenda:@/ No ~.J\¡
Hold Until: L/ I - \
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved
étlA.-òl t4ln¿
(~)
C, ê'
32 Thursday, February 17/Friday, February 18, 2005 - Boca RatonIDelray Beach News· www.bocanewS.com
L/OS
'0
100
ANNOUNCEMENTS
~
LEGAL NOTICES
Çff1' Uf DURAY IIUI:II, fLUIIIDA
NOTICE OF PUIUC HEARING
À PUBLIC HEARING WlP be held on the
:.'~~=~&~~~
at any continuation of such meeting
~~~~~~
1st Avenue. Delray Beach. Ronda, at
whICh bme the City Comnussion will
consider their adopbon The proposed
ordinance may be inspected at the
Office of the City Cieri< at City Haft. 100
~~V:~O:r;r8~in ~
~~h~~~r,r:= ~~
are invited to attend and be heard WIth
respect to the proposed ordmances
ORDINANCE NO. 5-05
AN ORDINANCE OF THE CI1Y C0M-
MISSION OF THE Cl1Y OF DElRA Y
~~6.3~?~~~~~~~P~
THE lAND DEVELOPMENT REGULA-
TIONS, TO PROVIDE FOR A PERMIT
WITH AN APPLICATION ÆE AND A
ÆE PER SOl)ARE FOOTAGE OF SIDE-
WALK CAFE SPACE. RENEWALS.
APPLIGABLlLl1Y. REQUIRED INFOR-
MATION. PROCESSING. GEOGRAPH-
IC LIMITATION, REGULATIONS
REGARDING USE. DESIGN AND
MAINTENANCE, LIABILITY AND
INSURANCE; PENALTIES, DENIAL.
~ 100 ~ ~
LEGAL NOTICES LEGAL NOTICES
HI:VOCAIIUN ANU ðUðl'l:NðlUN Uf'
PERMIT. JURISDICTION OF CODE
ENFORCEMENT BOARD, AND
APPEALS, PROVIDING A SAVINGS
CLAUSE. A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE
ORDINANCE NO. !HIS
AN ORDINANCE OF THE CI1Y COM-
MISSION OF THE CITY OF DRRAY
BEACH, FLORIDA. AMENDING SEC-
TION 36.05 OF THE CITY CODE, "BID-
DING PROCEDURES", CLARIFYING
THE USE OF CONSTRUCTION MAN-
AGEMENT AT RISK CONTRACTS;
AMENDING SECTION 36.11 "DEFINI-
TIONS", PROVIDING FOR THE DEAN-
mON OF CONSTRUCTION MA.~GE-
MENT AT RISK CONTRACTS. PRO-
VIDING A SAVING CLAUSE, A GENER-
AL REPEALER CLAUSE AND AN
EFÆCTlVE DATE.
ORDINANCE NO. 11H15
AN ORDINANCE OF THE CITY COM-
MISSION OF THE CI1Y OF DRRAY
BEACH, FLORIDA, REPEALING AND
REPLACING CHAPTER 93 OF THE
CITY CODE, TO BE REFERRED TO AS
"THE CITY OF DRRAY BEACH CABLE
TELEVISION ORDlNANCF', PROVID-
ING A CODIRCATION CLAUSE; PRO-
VIDING FOR AUTHORITY FOR CABLE
TELEVISION SYSTEMS TO OPERATE.
CONSTRUCT AND MAINTAIN A
CABLE TElEVISION SYSTEM IN THE
RIGHTS-OF-WAY OF THE CITY OF
DELRAY BEACH, FLORIDA, PROVID-
ING PROCEDURES, REQUIREMENTS,
AND ÆES RELATING TO CABLE TELE-
VISION TO REFlECT CHANGES IN
APPLICABLE LAW TO BETTER
ENSURE THAT USE OF CITY STREETS
BY CABLE SYSTEMS SERVES THE
PUBLIC INTEREST; PROVIDING FOR
CUSTOMER SERVICE REQUIRE-
MENTS; PROVIDING A CONFLICTS
CLAUSE. A SEVERABILITY CLAUSE,
AND AN EffECTIVE DATE; AND FOR
OTHER PURPOSES
Please be advised that if a person
decides to appeal any decision made
by the City Commission with respect to
any matter con5Idered at these hear-
IngS, sucn person may nee(! to ensure
that a verbabm record mcludes the tes-
=~ ~I~~/~ ~r~
~r:~:~ p'~r ~f05~uch record.
CITY OF DELRAY BEACH
CheveI/e D. NœIn
City Clerk
PUBLISH: February 17. 2005
Boca RatOlll1Jelray Beach News
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