Ord No. 17-17ORDINANCE NO. 17-17
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING ARTICLE 6.3
"USE AND WORD IN THE PUBLIC RIGHT OF WAY" OF THE
LAND DEVELOPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH BY AMENDING SECTION 6.3.3 "SIDEWALK
CAFE" TO ELIMINATE REGULATIONS FOR SIDEWALK-
CAFES
IDEWALKCAFES LOCATED ON PRIVATE PROPERTY; AMENDING
SECTION 6.3.3 (A) "PERMIT AND FEES" TO ADD LEASING
FEES; AMENDING SECTION 6.3.3 (F) "REGULATIONS
GOVERNING THE USE, DESIGN, AND MAINTENANCE OF A
SIDEWALK CAFE" TO CREATE TWO ZONES; PROVIDING A
CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
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 (LDRs) governing
sidewalk Cafes to provide for the public health, safety and welfare of the residents of the City and its
visitors; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting
as the Local Planning Agency (LPA), has determined that the amendments are consistent with and
further the goals, objectives, and policies of the Comprehensive Plan; and
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on April 17, 2017, and voted 5 to 0 to recommend
that the amendments be approved; and '
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning Staff report; and
WHEREAS, the City Commission at duly notice public meetings on May 16 2017, and on June
13 2017, received and considered comments from the public and gave careful consideration to all
aspects of this Ordinance; and
WHEREAS, the City Commission has determined it to be in the best interest of the City of
Delray Beach that the LDRs be amended as described in this Ordinance. i
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF DELRAY
BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Atticle 6.3, "Use and Work in the Public Right of Way", Section 6.3.3
"Sidewalk Cafe", of the Land Development Regulations of the Code of Ordinances of the City of
Delray Beach, Florida, be and the same is hereby amended to read as follows:
Section 6.3.3 Sidewalk Cafe:
Definition: A "Ssidewalk Ceafe" is a geeup ef tables vAth ehai grouping of dining
furniture which may include tables and chairs aNd a e te�' Ytie es, - h e has been approved by
the City thtough a Sidewalk Cafe permit and is situated and maintained outside within a public
right-of-way, a portion of which may be located in a public pedestrian way (sid�walk� between the
building front (and/or side for cornet lots) and the curb at the edge of the roadway whethei! en
and such area is used for the consumption of food and beverages sold to the public
from an adjoining restaurant or other eligible business.R tables a~a eh.irs, &ad asseeiat
Sidewalk Cafes are allowed only
when in compliance with this Section.
(AB) Permit and Fees: It shall be unlawful for any person to establish a Sidewalk
Cafe at unless a valid permit to operate a Ssidewalk Cafe has been obtained r...�fut site,
from the City pursuant to this Section. The permit shall be issued on a form provided by the
City of Delfay Be . No permit shall be issued until all the requirements of this Section have
been met. Permits shall not be transferable. All permits shall comply with the following
(1) Each Sidewalk Cafe 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. In addition, should the initial
Sidewalk Cafe permit or anv renewal permit be cancelled for anv reason pursuant to this section.
a new application fee shall be required for any subsequent permits issued.
(2) The initial Sidewalk Cafe application fee
( along with the annual permit fee is $4.75 based upon per the square footage of
approved Ssidewalk Cafe space: -shall both be established by a resolution of the City
Commission. Additional "leasing fees" shall be collected for any Sidewalk Cafe located in the
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Florida Department of Transportation (FDOT) right-of-way along East A$antic Avenue and
along South Ocean Boulevard. The FDOT leasing fees will also be established by resolution of
the City Commission and collected based on the terms . outlined in the Lease Agreement
between the City and the FDOT, which may be amended from time to time.
(3) Renewals: Renewals of a Sidewalk Cafe permit and payment of fees
must be submitted and approved on or before July VY of each year.
(4) Late Renewal Fee: If a renewal payment is not submitted by July 1 st, it
shall be considered late and subject to a late fee of ten -percent (100/6), plus an additional five -
percent (5%o) late fee if payment is not received by the first of each month thereafter until paid,
provided that the total late fee shall not exceed twenty -percent (20%) of the permit fee. If a
renewal payment is not submitted by July 1st, the City has the right to immediately cancel the
Ssidewalk Cafe permit upon written notice to the permit holder and the City may also cancel
such hermit without notice if the tiavment. along with accrued late fees is not fullv paid by
October 1st. of any renewal period. [Amd. Ord. 56-09 10/20/091
5) Anv atinlicant that was issued a Cafe permit prior to this ordinance and
no longer meets the definition of a Sidewalk Cafe shall be eligible for one (1) one-year extension
of their Sidewalk Cafe permit after which the applicant shall be required to submit a site plan
modification (if the area of the Cafe is not shown on an approved site plan) or shall be required
to remove all Sidewalk Cafe elements.
(C) — (E) (These subsection shall be renumbered according and shall remain in full force and
effect as previously adopted)
(F) Regulations Governing Use, Design, and Maintenance of a Sidewalk Cafe:
(1) A Sidewalk Cafe shall only be established in conjunction with a legally
established restaurant or business where the food product is prepared, processed, or assembled
on the premises (for example: deli, ice cream store, sandwich shop) where the food product
preparation is the main or sole purpose of the business. These businesses shall be deemed
eligible to apply for a Sidewalk Cafe permit. A business that prepares, processes, or assembles
food on the premises, where such food preparation or assemblage is not the main or sole
purpose of the business shall not be allowed to establish a Sidewalk Cafe.
(2) A Sidewalk Cafe may only be established in the area between the curb of a
public roadway and in the front of the business or along a side street adjacent to the business on
a corner lot . The area may also
include portions of a public pedestrian ways(sidewalk) or a public plaza a -a stle . 7 -i --,*-,.,.---
ORD NO. 17-17
However,
businesses located on Atlantic Avenue which also have a side street frontage shall be allowed to
establish a Sidewalk Cafe along only one (1) of the street frontages (e.g. Sidewalk Cafe permitted
on either the side street or on Atlantic Ave, but not on both street frontages). The Ssidewalk
Cafe shall not be established adjacent to a travel lane or on -street parking, unless there is no
ability to establish a Ssidewalk Cafe adjacent to the storefront, in which case a Ssidewalk Cafe
may be located adjacent to a traffic lane or street parking as long as a six foot clear pedestrian
path is provided and the tables and associated chairs provide a minimum setback of five feet 5')
from the vehicular travel lane and associated curbing. This five feet Tsetback does not apply
when the tables are immediately adjacent to on -street parking.
(3) Alcoholic beverages may be consumed within Ssidewalk Cafe area.
(4) The use of the dining furniture shall be only for the customers
of the business with which the Ssidewalk Ceafe is associated. Tables, chairs, umbrellas, barriers
and other objects associated with a Ssidewalk Ceafe shall be of quality design, materials and
workmanship both to ensure the safety and convenience of users and to enhance the visual and
aesthetic quality of the urban environment, as previously approved by the City and as shown
and depicted in the approved Sidewalk Cafe permit. All tables, chairs, umbrellas, barriers and
associated objects must be located within the Sidewalk Cafe permit area. All umbrellas and
canopies must maintain a minimum seven feet /') clear area and shall not extend outside of the
Sidewalk Cafe area. All barriers shall be three LT) in height. See Figures 6.3.3 — 1&2 for more
� Umbrella may not extend past the
sidewalk cafe barrier.
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details.
Umbrella canopies shall be between 7 and 10 feet
in height.
All barriers shall be 3' in height
A clear pedestrian pathway of a minimum of 6' shall
be maintained at all times
Figure 6.3.3 —1 Sidewalk Cafe Cross section diagram
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Figure 6.3.3 — 2 Sidewalk Cafe Flan view diagram (Exam le
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Figure 6.3.3 — 2 Sidewalk Cafe Flan view diagram (Exam le
(5) Within "ZONE -1", defined as that area east -to -west between Swinton Avenue
and the Intracoastal Waterway, and north -to -south between NE 1" Street and SE 1St Street (see
Figure 6.3.3-3), the following regulations shall apply
a) When a Sidewalk Cafe operator provides a clear pedestrian hath of a
minimum of six feet (60, the operator can choose to place the associated
tables and chairs on either side of the pathway, but not on both sides.
The six foot 6' clear pedestrian path shall be parallel to the street
and/or alley
(b) In the event that a sig foot 60 clear pedestrian path adjacent to the curb
is interrupted by street furniture, trees; tree grates or similar
impediments, then the Sidewalk Cafe operator tnay provide for a six foot
(6') clear pedestrian path commencing from the edge of the impediment
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(5) Within "ZONE -1", defined as that area east -to -west between Swinton Avenue
and the Intracoastal Waterway, and north -to -south between NE 1" Street and SE 1St Street (see
Figure 6.3.3-3), the following regulations shall apply
a) When a Sidewalk Cafe operator provides a clear pedestrian hath of a
minimum of six feet (60, the operator can choose to place the associated
tables and chairs on either side of the pathway, but not on both sides.
The six foot 6' clear pedestrian path shall be parallel to the street
and/or alley
(b) In the event that a sig foot 60 clear pedestrian path adjacent to the curb
is interrupted by street furniture, trees; tree grates or similar
impediments, then the Sidewalk Cafe operator tnay provide for a six foot
(6') clear pedestrian path commencing from the edge of the impediment
ORD NO. 17-17
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closest to the building facade for a distance of six feet (6') towards the
building.
(c) If a Sidewalk Cafe operator provides a clear Pedestrian hath of a
minimum of seven feet (TD, the operator can Place the associated tables
and chairs on both sides of the pathway. The seven foot (T) clear
pedestrian path shall be parallel to the street and/or alley.
— — �anuum
MMI 11I 111111111:
11111 �� i1
Legend
I.� . Zone_?
Figuxe 6.3.3 - 3 - Sidewalk Cafe Zone 1
d) For Sidewalk Cafes with permits approved prior to the effective date of
this ordinance, the dimensions of approved pedestrian paths will prevail
until the next annual permit renewal. In the event of any dispute as to
the placement and/or dimension of any required pedestrian path within
any ZONE, the Planning Zoning and Building Director, or a designee of
the Ditectot, shall make the final determination in order to bring the
operator into conformance with any pedestrian pathway regulations set
forth herein.
(6) Within "ZONE -2" as defined as all other geographical areas of the Citi the
following tegulations shall ply
Ua) When a Sidewalk Cafe operator provides a clear pedestrian path of a
minimum of six feet (6'), the operator can choose to place the associated
tables and chairs on either side or both sides of the pathway. In either
ORD NO. 17-17
case, the six foot 6') clear pedestrian path shall be parallel to the street
and/or alley.
f b) When the Sidewalk Cafe is established on one side of the six foot ( '
clear pedestrian path adjacent to the curb and is interrupted by street
furniture, trees, tree grates or similar impediments, then the Sidewalk
Cafe operator may provide for a six foot (6') clear pedestrian path
commencing from the edge of the impediment closest to the building
facade for a distance of six feet (Q towards the building,
(c) For Sidewalk Cafes with permits approved prior to effective date of this
ordinance, the dimensions of approved pedestrian paths will prevail until
the next annual permit renewal.
{F 0 A "No Table Zone" is hereby established. No Seidewalk 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 non -Atlantic Avenue intersections, the "No Table Zone" shall be ten (10') feet as
measured above.
e � The Sidewalk Cafe 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. No part of the barrier shall be located within the required -5- clear
pedestrian pathway as defined in subsection (5) and 6 above.
{S} �9) In addition to previously approved business signs, the Sidewalk Cafe may have
one W additional business sign
(a) The business sign shall not
exceed twee four square feet (3 4 sq. ft.).
(b) The business sign shall not
exceed &e feet (9 forty-two inches (42") in height.
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{ N . 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.
kl-(} 411Food may be carried to tables by patrons or served by a table
waiter/waitress for all uses that have been assessed restaurant parking requirements. All other
uses that have been assessed general commercial parking requirements, but otherwise qualifying
for Sidewalk Cafe permit, shall be for take-out food only (food may be carried to tables by
patrons; no waiter/waitress service is allowed). The use of food preparation stations, trash
receptacles and cash registers are prohibited within the Sidewalk Cafe area.
{} 4L2 The use of carpeting, artificial turf, or other services of any kind must be
approved as a part of the Sidewalk Cafe application.
{} 40 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 required ..leas. dista rte clear pedestrian pathways as provided for in
subsectionsF((5) and (6) above for pedestrian passage at any time. Chairs shall be arranged
parallel to the clear pedestrian path so that they do not encroach into the clear pedestrian path
to accommodate patrons.
{} 414Hours of operation shall be the same as the associated businesses.
"415� 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 more frequently, if needed and pick up all litter and debris including litter
and debris in the landscaped areas adjacent to the Sidewalk Cafe area under permit.
{I5} 416 No tables, chairs, or any other part of Sidewalk Cafes shall be attached,
chained, or in any manner affixed to any tree, post; sign or other fixtures, curb or sidewalk
within or near the permitted area.
(G) — (H) (These subsection shall remain in full force and effect as previously adopted)
(1) Denial, Revocation, or Suspension of Permit; Removal and Storage Fees;
Jurisdiction of the Code Enforcement Board or Civil Violations; Emergencies:
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(1) In addition to the remedies for late fees set forth hereinabove at
subparagra hh (A)(4), Tthe 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.
(e) If the permittee receives more than three (3) Code Enforcement
violations and/or civil violations in a twelve (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 permittee may not
receive a new permit for six months.
(fl The Sidewalk Cafe does not enhance or conform to the aesthetic
ambiance of the area or is not compatible with other adjacent
businesses or Sidewalk Cafes.
T(2) through (6) —Q) (These subsection shall remain in full force and effect as
previously adopted)
Section 3. Repeal of Conflicting Ordinances. All ordinances or parts thereof or parts of
the Code conflicting or inconsistent with the provisions of this ordinance are hereby repealed.
Section 4. Severability. If any word, clause, sentence, paragraph, section or part thereof
contained in this Ordinance is declared to be unconstitutional, unenforceable, void or inoperative by a
court of competent jurisdiction, such declaration shall not affect the validity of the remainder of this
ordinance.
Section 5. Inclusion in Code. This ordinance shall be codified in the Code of Ordinances of
the City of Delray Beach, Florida.
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Section 6. Effective Date. The provisions of this Ordinance shall become effective
immediately upon adoption.
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PASSED AND ADOPTED in regular session on second and final reading on this 13 day of une,
2017.
ATTEST:
City Clerk
First Reading: May 16, 2017
Second Reading: Tune 13, 2017
Carp D. Glickstein, Mayor
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