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Ord 51-05 (" /',\ ORDINANCE NO.51-05 AN ORDINANCE OF THE CIlY COMMISSION OF THE CIlY OF DELRA Y BEACH, FLORIDA, AMENDING ARTICLE 6.3, "USE AND WORK IN THE PUBLIC RIGHT- OF-WAY" TO ADD "SIDEWALK CAFÉ" TO THE TITLE AND AMENDING SECTION 6.3.3, "SIDEWALK CAFÉ" OF THE LAND DEVELOPMENT REGULATIONS TO PROVIDE FOR A REVISED DEFINITION OF SIDEWALK CAFÉ AND BY AMENDING 6.3.3(A) TO PROVIDE FOR PERMIT COMPLIANCE DATES; AMENDING SECTION 6.3.3(1) AND 6.3.3(J) ADDING STANDARDS FOR DENIAL, SUSPENSION, REVOCATION, OR APPEALS AND CLARIFYING THE JURISDICTION OF THE CODE ENFORCEMENT BOARD; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN i EFFECTIVE DATE. i 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 CIlY COMMISSION OF THE CIlY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the tide to Article 6.3, "Use and Work in the Public Right of Way" is hereby amended to read as follows: ARTICLE 6.3 USE AND WORK IN THE PUBLIC RIGHT OF WAY; SIDEWALK CAFÉS Section 2. That Article 6.3 is hereby amended by amending Section 6.3.3, "Sidewalk Café" as follows: Section 6.3.3 Sidewalk Café: A sidewalk café is a group of tables with chairs and associated articles approved by the City situated and maintained tlpOft die sidewalk outside whether on public or private property (excluding interior cOur1;yard seating which is subject to parking requirements) 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 café permit area. Sidewalk cafés are allowed only when in compliance 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 pursuant to this Section. The permit shall be issued on a form provided by the City of Dekay Beach. No permit shall be issued until all the requirements of this Section have been met. Permits shall not be transferable. 1. Each permit shall be effective for one year, from JMl1:1ary ~ 1st until Deeember June 30th. Any permit application received after.fttlr!M December 31st will pay one-half of the cost of the permit fee and the permit shall expire Deeemhcr June 30th of the same year. I 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 Oetober.JyJ¡..l 51 of each year. Section 3. That Article 6.3, Section 6.3.3, "Sidewalk Café", Section 6.3.3(1), ''Denial, Revocation, or Suspension of Permit; Removal and Storage Fees; Concurrent Jurisdiction of the Code Enforcement Board; Emergencies" is hereby amended to read as follows: (I) Denial, Revocation, or Suspension of Permit; Removal and Storage Fees; Concurrent Jurisdiction of the Code Enforcement Board; Emergencies: (1) The City Manager or his/her designee may deny, revoke, or suspend a permit of any sidewalk café 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 café, in order to avoid danger to the health, safety or general welfare of pedestrians or vehicular traffic. 2 ORDINANCE NO. 51-05 i I (" /,,\ (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. (e) If the permittee reCeIves more than three (3) Code Enforcement violations in a 12 month period &om 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 permitee may not receive a new permit for six months. (() The Sidewalk Café 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 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 &om 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) The permittee may appeal the order of the City Manager pursuant to Section 6.3.30), below. (4) The Code Enforcement Board shall have concurrent jurisdiction over violations of this subchapter, btit mld may only assess fines for noncompliance with the reqwemeflts of this sooehapter in accordance with Chapter 37 of the Code of Ordinances. (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. 3 ORDINANCE NO. 51-05 I (' /",\ Section 4. That Article 6.3, Section 6.3.3, "Sidewalk Café", is hereby amended by amending Section 6.3.30), "Appeals", to read as follows: 0) Appeals: (1) Appeals of the decision of the City Manager or his/her designee shall be initiated within ten (10) days of a permit denial, revocation or suspension. or of an order of removal or relocation, by filing a written notice of appeal with the City Manager. (2) The City Manager shall place the appeal on the first available regular City Commission agenda. At the hearing on appeal, the City Commission shall hear and determine the appeal, and the decision of the City Commission shall be final and effective immediately. The City Commission shall apply the standards set forth in 6.3.3(1). (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 café. Vestiges of the sidewalk café 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 5. 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 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That this ordinance shall become effective -J ~ I q , 2005. , t 4 ORDINANCE NO. 51-05 I (' " /'\ PASSED AND ADOPTED in regular session on second and final reading on this the I~ dayof~ð ,2005. ~l~ MAYOR I ATTEST: - \O~l¥ J ACTING CIlY CLE First Reading 07 /~/~-S , Second Reading f:;;)Y' ~/ ".OmS I 5 ORDINANCE NO. 51-05 I Ii MEMORANDUM TO: MAYOR AND CIlY COMMISSIONERS FROM: CITY MANAGER rJ¡t 1 SUBJECT: AGENDA ITEM # \08 - REGULAR MEETING OF ]UL Y 19. 2005 ORDINANCE NO. 51-05 (AMENDMENT TO LAND DEVELOPMENT REGULATIONS ARTICLE 6.3, "USE AND WORK IN THE PUBLIC RIGHT-OF-WAY") DATE: JULY 15,2005 This ordinance is before Commission for second reading and public hearing for a City initiated amendment to Land Development Regulations (LDR), Article 6.3, "Use and Work in the Public Right-of-Way", relating to Sidewalk Cafes. On March 1,2005, the Commission approved an amendment to LDR Section 6.3.3, "Sidewalk Café", in response to concerns raised by the Clean & Safe Committee. While Sidewalk Cafes are a highly desired amenity which have been a tremendous draw for customers into the downtown area and a revitalization tool, the Committee recommended that the ordinance be revised to strengthen requirements to mitigate the issues and concerns that were identified. The proposed amendment provides clarification to the definition of Sidewalk Café; provides for permit compliance dates; standards for denial, suspension, revocation, or appeals; and clarifies the jurisdiction of the Code Enforcement Board. With respect to changes to the definition, it clarifies that Sidewalk Cafes are outside seating which occurs on either public or private property. The Planning and Zoning Board held a public hearing at its meeting of June 20, 2005. There was no public testimony regarding the proposed changes. After discussing the amendment, the Board voted 7 -0 to recommend to the City Commission approval of the proposed amendment, 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 LDR Section 2.4.5(M) (Amendment to Land Development Regulations). At the first reading on July 5,2005, the Commission passed Ordinance No. 51-05. Recommend approval of Ordinance No. 51-05 on second and final reading. s:\Ctty Clerk\agenda memos Ord 51-05 SIdewalk Cafes 6.3 071905 cK Ø1 I CITY COMMISSION DOCUMENTATION 11 TO: D~HA CITY MANAGER \ THRU: PAUL DORLlNG, ZONING FROM: JEFFREY A. CO SUBJECT: MEETING OF JULY 5, 2005 CITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS ARTICLE 6.3 "USE AND WORK IN THE PUBLIC RIGHT-OF-WAY" RELATING TO SIDEWALK CAFÉS. II BACKGROUND I ANALYSIS II On March 1, 2005, the City Commission approved an amendment to LDR Section 6.3.3 concerning Sidewalk Cafes in response to concerns raised by the Clean & Safe Committee, established by the Downtown Development Authority While Sidewalk Cafes are a highly desired amenity which have been a tremendous draw for customers into the downtown area and are a revitalization tool, the Committee recommended that the ordinance be revised to strengthen requirements to mitigate the issues and concerns that were identified. The proposed amendment provides clarification to the definition of Sidewalk Café; provides for permit compliance dates; standards for denial, suspension, revocation, or appeals; and clarifies the jurisdiction of the Code Enforcement Board. With respect to changes to the definition it clarifies that sidewalk cafes are outside seating which occurs on either public or private property. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. The proposed LDR amendment provides clarification to the existing ordinance. While the amendment does not fulfill a specific Goal, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. I PLANNING AND ZONING BOARD CONSIDERATION I At its meeting of June 20, 2005, the Planning and Zoning Board held a public hearing regarding the amendment. There was no public testimony regarding the proposed changes. After discussing the amendment, the Board voted 7-0 to recommend to the City Commission approval of the proposed amendment, 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. II RECOMMENDED ACTION II Approve on first reading the ordinance amending Land Development Regulations Article 6.3 Use and Work in the Public RiQht-of-Wav concerning Sidewalk Cafes 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 July 19, 2005. Attachments: Proposed Ordinance \~ ORDINANCE NO.51-05 AN ORDINANCE OF THE CIlY COMMISSION OF THE CIlY OF DELRA Y BEACH, FLORIDA, AMENDING ARTICLE 6.3, "USE AND WORK IN THE PUBLIC RIGHT- OF-WAY" TO ADD "SIDEWALK CAFÉ" TO THE TITLE AND AMENDING SECTION 6.3.3, "SIDEWALK CAFÉ" OF THE LAND DEVELOPMENT REGULATIONS TO PROVIDE FOR A REVISED DEFINITION OF SIDEWALK CAFÉ AND BY AMENDING 6.3.3(A) TO PROVIDE FOR PERMIT COMPLIANCE DATES; AMENDING SECTION 6.3.3(1) AND 6.3.30) ADDING STANDARDS FOR DENIAL, SUSPENSION. REVOCATION, OR APPEALS AND CLARIFYING THE JURISDICTION OF THE CODE ENFORCEMENT BOARD; 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 CIlY COMMISSION OF THE CIlY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the title to Article 6.3, "Use and Work in the Public Right of Way" is hereby amended to read as follows: ARTICLE 6.3 USE AND WORK IN THE PUBLIC RIGHT OF WAY; SIDEWALK CAFÉS Section 2. That Article 6.3 is hereby amended by amending Section 6.3.3, "Sidewalk Café" as follows: Section 6.3.3 Sidewalk Café: A sidewalk café is a group of tables with chairs and associated articles approved by the City situated and maintained upon the sid~'a1k outside whether on public or private property (excluding interior cOur1;yard seating which is subject to parking requirements) 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 café permit area. Sidewalk cafés are allowed only when in compliance 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 pursuant to this Section. The permit shall be issued on a form provided by the City of Dekay Beach. No permit shall be issued until all the requirements of this Section have been met. Permits shall not be transferable. 1. Each permit shall be effective for one year, from J aauMy .IYb: 1 st until DeeemBer June 30th. Any permit application received after.fölrlM December 31st will pay one-half of the cost of the permit fee and the permit shall expire December June 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 Oetober~lsl of each year. Section 3. That Article 6.3, Section 6.3.3, "Sidewalk Café", Section 6.3.3(1), "Denial, Revocation, or Suspension of Permit; Removal and Storage Fees; Concurrent Jurisdiction of the Code Enforcement Board; Emergencies" is hereby amended to read as follows: (I) Denial, Revocation, or Suspension of Permit; Removal and Storage Fees; Concurrent Jurisdiction of the Code Enforcement Board; Emergencies: (1) The City Manager or his/her designee may deny, revoke, or suspend a permit of any sidewalk café 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 café, in order to avoid danger to the health, safety or general welfare of pedestrians or vehicular traffic. 2 ORDINANCE NO. 51-05 (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. (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 permitee may not receive a new permit for six months. (t) The Sidewalk Café 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 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) The permittee may appeal the order of the City Manager pursuant to Section 6.3.3 0), below. (4) The Code Enforcement Board shall have concurrent jurisdiction over violations of this subchapter, ffiH and may only assess fines for noncompliance with the requirem:eat3 of thi3 subchapter in accordance with Chapter 37 of the Code of Ordinances. (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. 3 ORDINANCE NO. 51-05 Section 4. That Article 6.3, Section 6.3.3, "Sidewalk Café", is hereby amended by amending Section 6.3.30), "Appeals", to read as follows: (J) Appeals: (1) Appeals of the decision of the City Manager or his/her designee shall be initiated within ten (10) days of a permit denial, revocation or suspension, or of an order of removal or relocation, by filing a written notice of appeal with the City Manager. (2) The City Manager shall place the appeal on the first available regular City Commission agenda. At the hearing on appeal, the City Commission shall hear and determine the appeal, and the decision of the City Commission shall be final and effective immediately. The City Commission shall apply the standards set forth in 6.3.3(1). (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 café. Vestiges of the sidewalk café 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 5. 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 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That this ordinance shall become effective , 2005. 4 ORDINANCE NO. 51-05 PASSED AND ADOPTED in regular session on second and final reading on this the day of . 2005. MAYOR ATTEST: ACTING CIlY CLERK First Reading Second Reading 5 ORDINANCE NO. 51-05 c-c <, CVUídOJ\V1¿ (y&' 00 · 24 Friday. July 8, 2005 - Boca RatoolDelray 8each News . www.bocanews.com -ŒÐ-I-ŒÐ- LEGAL NOTICES I LEGAL NOTICES HtHI:.IN A':;j A LUGAl HI:)'I UHIl,; 51 IE-, Pursuant to F S 286 0105 PROVIDING fOR THE AMENDMENT OF THE "ZDMNG MAP OF DElAAY CITY OF OElAAY BEACH BEACH. FLORIDA, APRIL 2005". PRO· Chevoll" 0 Nub'" VIDING A GENERAL REPEALER ~ItyCIerk CLAUSE. A SAVING ClAUSE. AND AN EfÆCTIVE DATE I PUBLISH Fnday. July 8, 2005 Boca AatorVDelr,¡y Beach News 100 ORDINANCE NO. 51-(15 Ad #123049 AN ORDINANCE OF THE CITY COM· ANNOUNCEMENTS MISSION OF THE CITY OF DéLRAY --I 100 J-- BEACH. flORIDA, AMENDING ARTI· CLE 6.3. "USE AND WORK IN THE PUBLIC RIGHT-oF·WAY" TO ADO LEGAl NOTICES 'SIDEWALK CAfÉ" TO THE TITI.f AND AMENDING SECTION 6 3.3. "SIDE· WAlK CAfF OF THE lAND DEVELOp· çrn Ut" Ul:LllAJ IIUÇft, fLUIUDA MENT REGUlATIONS. TO PROVIDE I FOR A R~ED DEFlNmON OF SIDE· _Of__ WAlK AND BY AMENDING , A PUBLIC HEARING will be hetI 00 the 6 3.3~) TO pROVIDE FDA PERMIT COM lIANCE DATES. AMENDING ¡ ~~~~~ ~T~N ST~£¡DSAN~R g~1Á~ at any conIInuabon of such mee1Jng SUSPENSION. REVOCATION. OR _ is set by.the CommIssIon). 10 1I>e ~~~~Tj~Jlf g~~~ CO~~ I CIty CommIssIon Chambers. 100 N W ~V:::'r:~~ ENFORCEMENT BOARD; PROVIDING A SAVING CLAUSE, A GENERAL COI1SIder _ adoption The ]fO )Osed REPEAlER ClAUSE. AND AN EFÆC· ordmances may be Iflspeded at 1I>e TlVEDATE Office 01 !he City Clerk at CIty Hall, 100 , ~..wœ:..,~"'~8~A:ï ORDlNANŒ NO. 52-115 ;:J~~~'== AN ORDINANCE OF THE CITY COM- j MISSION OF THE CITY OF OElAAY are IIMIEd In attend and be heard _ BEACH. flORIDA, AMENDING CHAP- respect In !he ]fO )Osed ordinances TER 35. "EMPlOYEE POUCIES AND BENEFITS". SUBHEADING "RETlRE- ORDINANCE NO._ MENT PLAN", OF THE CODE OF DRDI· AN ORDINANCE OF THE CITY COM- NANCES OF THE CITY OF DELRAY BEACH, FLORIDA. BY AMENDING MISSION OF THE CITY OF DElAAY SECTION 35097. "RETIREMENT BEACH. FLORIDA, AMENDING THE INCOME. BASIS, AMOUNT. AND PAY- lAND DEVElOPMENT REGULATIONS MENT', TO PROVIDE A COAREGnDN OF THE CODE OF ORDINANCES. BY TO THE LETTERING CHANGING THE AMENDING SECTION 2 4 3~ IfMg,JT :~~tjM~I: "ÆES". SUBSECTION ~) 1. "DEVELOPMENT' APPUCA . AND TO ENSURE THAT FORMER SEe- I PROVIDE FOR AN INCREASE IN THE TlON "C" IS IN AJlL FORCE AND DEVElOPMENT APPUCATlDN ÆES. EFFECT. PROVIDING A GENERAL PROVIDING A SAVING ClAUSE. A REPEALER CLAUSE, A VAlIDITY GENERAl REPEAlER ClAUSE. AND ClAUSE. AND AN EFFECTIVE DATE AN EFftCTIVE DATE ORDINANCE NO. 5IHI5 Please be advised 1I1at rt a person decides In appeal any decision made AN ORDINANCE OF THE CITY COM- by !he CIty CommissIon WItfi respect to any matter COOSIdered at these hear- MISSION OF THE CITY OF DRRAV rngs soch person may need to ensure BEACH. flORIDA, OESIGNATlM> TH£ Ihat a verbaIIm record Inclu<les 1I1e tes- SEWElL C BIGGS HOUSE. LOCATED bmony and <Mdenœ upon whICh the AT 212 SEABREEZE AVENUE. AS appeal IS to be based The C~dœs MORE PAfU1CULAAW. DESCRŒ~D~ ¡' rtbt"mvme"nl!t ~ !uð1 r1 "'