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AGENDA
= HISTORIC PRESERVATION BOARD
7
Meeting Date: April 5, 2017 Time: 6:00 P.M.
Type of Meeting: Regular Meeting
Location: City Commission Chambers, City Hall, 100 NW 1st Avenue
I. CALL TO ORDER
II. ROLL CALL
III. APPROVAL OF AGENDA
IV. SWEARING IN OF THE PUBLIC
V. COMMENTS FROM THE PUBLIC
(NOTE: Comments on items that are NOT on the Agenda will be taken immediately prior to
Public Hearing Items.) Speakers will be limited to 3 minutes.
VI. ACTION ITEMS
A. Architectural Elevation Change (2017-024): Consideration of a color change to a
contributing structure.
Address: 4 East Atlantic Avenue - ROK BRGR, Old School Square Historic District
Applicant: Marc Falsetto (786) 395-9910; marcievqroup.com
Planner: Michelle Hoyland, Historic Preservation Planner; (561) 243-7040 ext. 6221;
hoylandm[�mydelraybeach.com
B. Amendment to the Sign Program/Sign Waiver (2017-073,074): Consideration of an
amendment to an existing sign program and a recommendation to the City Commission
regarding a waiver request.
Address: 4 East Atlantic Avenue - ROK BRGR, Old School Square Historic District
Applicant: Marc Falsetto (786) 395-9910; marc@jeygroup.com
Planner: Jennifer Buce, Assistant Planner; (561) 243-7040 ext. 6210;
buce(a�mydelraybeach.com
C. LDR Text Amendment: Consideration of Ordinance 17-17 to amend LDR Section 6.3.3,
"Sidewalk Cafes", to remove the reference to maintaining sidewalk cafes on "private" property,
amending Subsections (A)(2), "Permit and Fees" to add collection of leasing fees, amending
Subsection (F)(5); and adding Section (F)(5) & (6), "Regulations Governing Use, Design, and
Maintenance of a Sidewalk Café to establish regulations by geographical zones. A
recommendation to the Planning and Zoning Board will be made.
Planner: Mark E. Stivers, AICP, Principal Planner; 561.243.7040 ext. 6220
stiversmmydelraybeach.com
VII. REPORTS AND COMMENTS
❖ Board Members
❖ Staff
Historic Preservation Board Meeting Agenda: April 5, 2017
Page 2 of 2
VIII. ADJOURN
)(111" 41/1(
Michelle Hoyland
Historic Preservation Planner; HPB Board Liaison Posted on: March 28, 2017
The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate
in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact the City Manager at 243-7010 24 hours prior to the
program or activity in order for the City to reasonably accommodate your request. Adaptive listening devices are available for meetings in the
Commission Chambers.If a person decides to appeal any decision made by the Historic Preservation Board with respect to any matter considered at this
meeting or hearing,such persons will need a record of these proceedings,and for this purpose such persons may need to ensure that a verbatim record
of the proceedings is made. Such record includes the testimony and evidence upon which the appeal is to be based. The City does not provide or
prepare such record.Two or more City Commissioners may be in attendance.
DELRAY BEACH
r
All-America City
111
1993
2001 SIGN IN SHEET
2001
Historic Preservation Board
April 5, 2017
PRINT ADDRESS OR ITEM NO.
ORGANIZATION
FULL NAME
CNA PrVc - -voc-s C'l'c.)
Historic Preservati 'oard-Voting Sheet
—
VI.A VI.B VI.B VI.0
HPB MEETING
HELD: ATTEND ROK BRGR ROK BRGR ROK BRGR LDR Text
April 5, 2017 4 E. Atlantic 4 E Atlantic 4 E Atlantic Amendment
Ave Ave Ave Sidewalk
Color Chg. COA Waiver Café
Attorney: VOTE to VOTE to VOTE to VOTE to
Lynn Gelin Approve Approve Approve to Approve to
CC CC
5-0 5-0 5-0 5-0
Angela Budano P YZ Y2 Y1 Y2
John Klein A A A A A
Andrea Sherman P Y Y Y2 Y1
Bill Bathurst A A A A A
Andrea Harden P Y Y Y Y
Price Patton P Yi Y' Y Y
John Miller P Y Y Y Y
Page 1
***with additional conditions added by the Board
ADJOURNED: 7:00PM
a
HISTORIC PRESERVATION BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: April 5, 2017
ITEM: Rok Brgr (2017-073 and 074) Item before the Board is approval of a
Certificate of Appropriateness (COA) for an amendment to an existing
Blanket Sign Program on a building located at 4 E. Atlantic Avenue
(Rok Brgr) and a recommendation to the City Commission regarding a
waiver request to LDR section 4.6.7(E)(7) Design Standard Matrix a
wall sign not facing a dedicated street frontage.
1 1 •
RECOMMENDATION: Approval ! �yk -. T l .:::, . II
V
i
GENERAL DATA: *,• ..`' U-v ' ► ,- ,-_ .,,
4., ,.41p,e,,.1;-: , i,'
Applicant Art Signs
:4Owner/Agent Marc Falsetto
Location SE corner of Swinton k. - .. *II
Atlantic Avenue
.
Property Size 0.1483 Acres yit
am:
p ... OMU (Other Mixed Use) ��RwAtlanticAve EAtlanticAve
Future Land Use Ma � -
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Current Zoning (OSSHAD) Old School �� ~~ '- �� ,.'„
t4.' ,
Square Arts Districtcit , -4
Adjacent Zoning....North: (OSSHAD) '� ,
East: (OSSHAD) r~ .. a - - A- - t e _ ' A
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South: (OSSHAD) �. ,..4 I �- ` •
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West: CBD (Central Business .. ' u' Oro - -
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ITEM BEFORE THE BOARD
The action before the Board is approval of a Certificate of Appropriateness (COA) for an
amendment to an existing Blanket Sign Program on a building located at 4 E. Atlantic Avenue
(Rok Brgr) Individually Designated, pursuant to Land Development Regulations (LDR) Section
2.4.6(H) and a recommendation to the City Commission regarding a waiver request to LDR section
4.6.7(E)(7) Design Standard Matrix a wall sign not facing a dedicated street frontage.
BACKGROUND & PROJECT DESCRIPTION
The subject property consists of Lot 6, Block 69, Town of Delray. The site is zoned Old School
Square Historic Arts District (OSSHAD) and contains a masonry vernacular style building which is
considered a contributing building within the Old School Square Historic District. Constructed in
1910 by the Rhoden family, early Delray pioneers, the building served as a general store and
grocery store while the family lived in the apartment above. It is the oldest remaining, contributing
building on Atlantic Avenue. Over the years there have been numerous modifications to the
building including rehabilitation of the structure to comply with the Delray Beach Design Guidelines
and the Secretary of the Interior's Standards for Rehabilitation. The current proposal relates to the
portion of the building formerly occupied by Tryst.
In 1988, a blanket sign program was approved for four flat wall signs in rust brown, background
ivory border 7' 11" in length and 2' heigh as this is a multi-tenant building which consists of Rok
BRG, Bull Bar, Jimmy's Bistro, and retail. Any deviation from the established Blanket Sign
Program must result from action by the Historic Preservation Board.
In 2000, Historic Preservation Board approved a Certificate of Appropriateness (COA)for a sign for
the tenant Safari Steakhouse and again in 2004, for a sign for the tenant Sol Kitchen.
Attached is the current request to amend the Blanket Sign Program and the justification for the sign
waiver.
The request on the north elevation is grey painted letters with red internally illuminated reverse
channel letter that reads "ROK BRGR" The sign is 2'58" high by 7'66" wide for a total of 19'76" sq.
ft. The west elevation consists of internally illuminated channel letters that reads "ROK BRGR"
with the rest of the words"Craft Beer" "Burgers" "GastroPub" painted white. The sign is 11" high by
32'6" long for a total of 29'6" sq. ft.
ANALYSIS
Pursuant to LDR Section 2.4.6(H)(5), prior to approval, a finding must be made that any Certificate
of Appropriateness which is to be approved is consistent with Historic Preservation purposes
pursuant to Objective A-4 of the Land Use Element of the Comprehensive Plan and specifically
with provisions of Section 4.5.1, the Delray Beach Historic Preservation Design Guidelines, and the
Secretary of the Interior's Standards for Rehabilitation.
Future Land Use Element Objective A-4: The redevelopment of land and buildings shall provide
for the preservation of historic resources. The objective shall be met through continued adherence
to the City's Historic Preservation Ordinance and the following policies:
Policy A-4.1: Prior to approval or recommending approval of any land use or development
application for property located within a historic district or designated as a historic site, the Historic
Preservation Board must make a finding that the requested action is consistent with the provisions
4 E.Atlantic Avenue(2017—73,74)
HPB Meeting;Page 2 of 4
of Section 4.5.1 of the Land Development Regulations relating to historic sites and districts and the
"Delray Beach Historic Preservation Design Guidelines."
In addition to the above, the request also requires compliance with the regulations pertaining to
signage. These regulations have been included within the discussion and analysis below regarding
visual compatibility.
LDR Section 4.6.7(D) Aesthetic Qualifications:
(1) Applicability: The following subsection describes basic aesthetic qualifications which apply to
signs.
(2) Basis: The aesthetic quality of a building, or the entire neighborhood, is materially affected by
achieving visual harmony of the sign on or about a structure as it relates to the architecture of the
building or the adjacent surroundings. In addition, to the limitations on signs imposed on
Subsections (E) and (K), the following aesthetic considerations must be met.
a. Garishness: The overall effect of lettering, configuration or color of a sign shall not be
garish. "Garish" signs are those that are too bright or gaudy, showy, glaring, and or cheaply
brilliant or involving excessive ornamentation. Garish signs are not in harmony with and are
not compatible with the building or adjacent surroundings.
b. Scale and Conformity with Surroundings: The scale of the sign in terms of area, shall be
consistent with the scale of the building on which it is to be placed or painted and the
neighborhood or streetscape where it is to be located. Scale be considered in terms of
Subsection (E)(2)with respect to height and area.
c. Quality: All signs shall have a professional appearance that enhances the visual aesthetics
of the area.
STAFF COMMENT:
Although the proposed signage does not meet the criteria of the current Blanket Sign Program, the
proposed signage is not garish nor is it gaudy. It is in in harmony with the scale of the building and
its surrounding area and is aesthetically pleasing to the neighborhood.
The current blanket sign program is outdated and the owner of the building should consider an
update to the entire program to meet the needs of the tenants in the future. Therefore, positive
findings, can be made with respect to the subject LDR Section 4.6.7(p).
Pursuant to LDR Section 4.6.7(F)(2)(a), Blanket Sign Program, a Blanket Sign Program may be
required for a commercial property establishing the font, color, size and location of signs on a
multiple tenant building. A Blanket Sign Program shall be approved by the Historic Preservation
Board if the project is in the historic district or a historically designated site. After approval of a
Blanket Sign Program individual signs consistent therewith shall be administratively approved.
STAFF COMMENT:
The proposed sign does not meet the current Blanket Sign Program as it requires unified signage,
with specific finishes, fonts, sizes, and colors.
As stated above, the Blanket Sign Program is outdated, and it might be in the best interest of the
owner of the building to update the Program to accommodate any future tenants as this building is
a multi-tenant building with several restaurants, commercial use and office space upstairs.
Pursuant to LDR Section 4.6.7 (E)(7), Design Standard Matrix, the following matrix sets forth the
standards for various types of signs when located in various zoning districts or defined by use.
Per LDR Section 4.4.24(F), the following locations shall be subject to the development standards
of the Commercial Core (CC) within CBD zoning District, excluding exceptions to the height
limitations provided in Section 4.3.4(J)(4):(a) Lots 1-7, Lots 16-18 and 19-24 Block 69. In the
4 E.Atlantic Avenue(2017—73,74)
HPB Meeting;Page 3 of 4
Central Business District (CBD) one wall sign per business facing a dedicated street frontage is
allowed. The applicant has applied for signage interior to the restaurant space, therefore requiring
a waiver to LDR section 4.6.7(E)(7).
Pursuant to LDR Section 2.4.7(B)(5), Waivers: Findings, the granting body shall make findings
that,
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c)Shall not create an unsafe situation; and
(d) Does not result in the grant of a special privilege that the same waiver would be granted
under similar circumstances on other property for another applicant or owner.
The applicant has provided a justification for the waiver in the attached letter.
The granting of this waiver will not adversely affect the neighboring area, diminish the provision of
public facilities and is not creating an unsafe situation. The signage is complimentary to the
building and coordinates with the signage on the north elevation. Several waivers have been
granted for wall signs not facing dedicated street frontage such as Chase Bank, Burger King and
Delray Boxing.
LDR Sections 4.5.1(E)(5) and 4.5.1(E)(8) provide guidelines in evaluating Certificates of
Appropriateness for the alteration or addition of exterior architectural features. The applicable
guidelines are as follows:
Pursuant to LDR Section 4.5.1(E)(4), a historic site, building, structure, improvement, or
appurtenance within a historic district shall only be altered, restored, preserved, repaired,
relocated, demolished, or otherwise changed in accordance with the Secretary of the Interior's
Standards for Rehabilitation, and the Delray Beach Historic Preservation Design Guidelines, as
amended from time to time.
STAFF COMMENT:
No direct reference is made to signage affecting historic structures, sites, or districts; however,
there is specific intent to project the importance of preserving "character-defining" and distinctive
features, and discussing scale and compatibility within historic districts such as the following
Standard:
New additions, exterior alterations, or related new construction shall not destroy historic
materials that characterize the property. The new work shall be differentiated from the old
and shall be compatible with the massing, size, scale, and architectural features to protect
the historic integrity of the property and its environment. (Standard 9)
The intent of this Standard has been met as the integrity of the historic building will not be
compromised. Therefore, positive findings can be made, subject to the recommended revisions.
ALTERNATIVE ACTIONS •
Amend Blanket Skin Program
A. Continue with direction.
4 E.Atlantic Avenue(2017—73,74)
HPB Meeting;Page 4 of 4
B. Move approval of the Certificate of Appropriateness (2017-73,74) to amend the Blanket Sign
Program and the recommendation to the City Commission regarding a waiver request to LDR
Section 4.6.7(E)(7), Design Standard Matrix, to allow a wall sign to face the west elevation
(interior to the site)for 4 E. Atlantic Avenue (ROK BRGR), 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 LDR Section 2.4.6(H)(5) and the Secretary
of the Interior's Standards for Rehabilitation.
C. Move denial of the Certificate of Appropriateness (2017-73,74) to amend the Blanket Sign
Program and to the City Commission regarding waiver request to LDR Section 4.6.7(E)(7),
Design Standard Matrix, to allow a wall signs to face the west elevation (interior to the site) for
4 E. Atlantic Avenue (ROK BRGR), 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 criteria set forth in LDR Section 2.4.6(H)(5), and the Secretary of the Interior's
Standards for Rehabilitation (motion to be made in the affirmative).
RECOMMENDATION
Move approval of the Certificate of Appropriateness (2017-73,74) to amend the Blanket Sign
Program for 4 E. Atlantic Avenue (ROK BRGR), 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 the Land Development Regulations and the Secretary of the
Interior's Standards for Rehabilitation.
Move approval of the recommendation to the City Commission regarding waiver request to LDR
Section 4.6.7(E)(7), Design Standard Matrix, to allow a wall sign to face the west elevation (interior
to the site) located at 4 E. Atlantic Avenue (ROK BRGR) based upon positive findings, pursuant
LDR Section 2.4.7(B)(5).
Report Prepared by: Jennifer Buce, Assistant Planner
Attached: Sign Design
Justification Letter
COLORS SHOWN ON DRAWING ARE FOR PRESENTATION PURPOSES.
INTERNALLY—ILLUMINATED REVERSE CHANNEL LETTER AND PAINTED GRAPHICS ON BUILDING FASCIA ALL COLORS MUST BE CONFIRMED AND INITIALED BY PROJECT MANAGER BEFORE PAINTING.
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ROK
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Lvi L D U Q®2 Q D GA Ota ®Q ASP Q O p LO D 7 (all remaining graphics are painted on wall)
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Scale:1" = 1'-0"Square footage:19.8
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Channel letter face color Red
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Painted letters and graphics: White.Dark grey
RED Letter depth.3" t'.
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Letter style:logotype ' wk : ;. l f
Illumination:Red LEDs I ' ��' "ram
Allowed sq.ft.:30 }(U_ ,/Y rA �Y .F.� _........-... BULL BAR
Proposed sq.ft.:19.8 _ - /, ,,V'>skyr >� 4
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Scala.1/8"= 1'-U"
(..fie . SIGN CLIENT APPROVAL Rewsions: SALES REP:Brad Drawn bin Carlos
B35 Nw r,_Ave.Fe.Lautldydnlq C is ROK BRGR -
7.9547t+3.44m brad(ylaepc� -- INTERNALLY-ILLUMINATED REVERSE CHANNEL LEITERS • —Cg)MPANv 4EAtlantic BLVD.,Delray Beach,FL - DATE o3/09ho17 Paget
Any party necepttog Ihis document does so In confidence and agrees that It should not be duplicated,in whole or in part,nor disclose to others,without the written consent of the client.Reference copy list for ropy/graphic specific to each sign location.Contractor shall verify ail conditions on site and notify any variation from what is shown on the drawings before proceeding with latalcation.
•
INTERNALLY-ILLUMINATED REVERSE CHANNEL LETTER AND PAINTED GRAPHICS ON BUILDING FASCIACOLORS SHOWN ON DRAWINGYPROJECT FOR MANAGER BEFOREO PURPOSES.
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ALL COLORS MUST BE CONFIRMED AND INITIALED BY MANAGER PAINTING.
A FLIj 0 E3 00EzEE 0a0J30pu3
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-- ----- ----------- --------- ----------------- ----
REVERSE CHANNEL LETTERS
Scale:3/8"= r-o" (all remaining graphics are painted on •
wall)
-- — 52-0"
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Painted copy:White
Channel Letter color:Red CRAFT BEER * BURGERS * GASTROPUB
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Letter depth:3"
Letter style:logotype
RED Illumination:Red LEOs +
Allowed sq.ft.:30
Proposed sq.ft.:29.94
WI I ITE-
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Scale:1/8"= 1'-0"
SIGN it NW r_Avc.Ft.Wudarddfa = CLIENT APPROVAL Rewions:
(itROK BRGR SALES REP:Brad Drawn by:Carlos
�,.�'' COM PA T.9,4.763.44to htad@attdI / r .. gEAtlantic BLVD.,Delray Beach,FL INTERNALLY-ILLUMINATED REVERSE CHANNEL LETTERS
- - --�-- Y DATE:03/03/1o17 Page:3
no,NV y a.„y,t�iy;INS document does so in confidence and agrees that It should not be duplicated,In whole or In port.nor disclose to other,without the written consent Oche dlent.Reference copy list for copy/graphic specific to each sign location.Contractor shall verify all conditions on site and notify any variation from what Is shown on the drawings before proceeding with fa&icotion.
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COMPANY BUSENESS IDENTIFICATION SINCE 1947
•
•
JUSTIFICATION LETTER
WAIVER REQUEST
ROK BRGR
January 9, 2017
This is to request a waiver from the Master & Blanket Sign Program for Rok Brger .
per LDR Section 2.4.7(B). Rok Brgr claims lack of visibility for their signage and
believe it has caused a hardship for their recognition and exposure. The
requested signage on the east elevation will help to give them the needed
visibility to attract customers.
835 NW 6th Avenue, Ft. Lauderdale, FL. 33311 Phone: 954,763.4410 Fax: 954.763-2736
Nationwide (888)763-4410 Web site: www.artsignft_com E-mail: ' xr Cartsignft.com
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Document Path: S:\Planning &Zoning\DBMS\GIS\Project Maps\Location Maps\4 E.Atlantic Avenue.mxd
4,
HISTORIC PRESERVATION BOARD
STAFF REPORT
MEETING DATE: April 5, 2017
ITEM: VI.0
AGENDA ITEM: CITY INITIATED AMENDMENT TO REVISE LDR SECTION 6.3.3
"SIDEWALK CAFE" TO ELIMINATE OPERATION ON PRIVATE
PROPERTY; AND BY AMENDING SECTION 6.3.3(A)(2) TO ADD
LEASING FEES; SECTION 6.3.3(F)(5) AND (6) TO PROVIDE
REGULATIONS FOR GEOGRAPHICAL ZONES; AND PROVIDE A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
ITEM BEFORE THE BOARD
The item before the Board is that of making a recommendation to the City Commission regarding
Ordinance 17-17 which is a City-initiated amendment to LDR Section 6.3.3, "Sidewalk Cafes", to
remove the reference to maintaining sidewalk cafes on "private" property, amending Subsections
(A)(2), "Permit and Fees" to add collection of leasing fees, amending Subsection (F)(5); and adding
Section (F)(6), "Regulations Governing Use, Design, and Maintenance of a Sidewalk Café to
establish regulations by geographical zones.
Sidewalk Cafes are regulated in the LDR's under ARTICLE 6.3 USE AND WORK IN THE PUBLIC
RIGHT OF WAY. This amendment will remove the reference and confusion of regulating sidewalk
cafes on "private" property under this Article and establish clear pedestrian pathway widths by
Geographical Zones to better manage the downtown core area to accommodate different
pedestrian thresholds.
LDR AMENDMENT BACKGROUND & DESCRIPTION
In February of 2015, the City Commission approved Ordinance No.03-15 that modified the Sidewalk
Cafe regulations increasing setbacks from curbing from 2' to 5' and the width of the pedestrian
pathways from 5' to 6'. Increasing the dimensions was to improve safety issues and pedestrian
flow. The Ordinance had a provision to allow the existing dimensions to prevail until the next permit
renewal cycle which occurred in July 2015.
As the Clean and Safe staff started monitoring and enforcing the new sidewalk regulations, many
of the sidewalk cafe operators could not meet the requirements which resulted in the decrease of
the number of tables and chairs. Through this process it became apparent that the regulations were
not meeting the goals and values of the City as it resulted in many Sidewalk Cafe Operator
complaints that lead to 8 waiver requests and a Commission who wished to be supportive of the
economic benefits of the sidewalk cafes while ensuring the safety of pedestrians and ADA
requirements were met.
In November of 2015 at a workshop meeting, staff presented to the City Commission the challenges
of the regulations and obtained their input. The outcome of those discussion resulted in
recommendations to remove the reference of sidewalk cafes on private property as they felt the
property owners should be responsible for regulating ADA Requirements and set different
Historic Preservation Board Meeting of 04.05.17
LDR Amendments re: Ordinance XX-17 Revisions to§6.3.3 Sidewalk Cafe
pedestrian pathway widths based on geographical areas of the City. For instance, that area along
Atlantic Avenue between Swinton Avenue and the Intracoastal has the most number of cafes and
pedestrians that impact the sidewalks. Therefore their widths would be wider than in other areas of
the city outside of the downtown core where the pedestrian flow is less impacting.
As the amendment to the Ordinance was being created, the City was contacted by the Florida
Department of Transportation (FDOT) requesting the City enter into a "leasing agreement" to collect
rental fees for those cafes and valet ques located in their right-of-ways along East Atlantic Avenue
and on South Ocean Boulevard (affects approximately 12 cafes). This Leasing Agreement between
the City of Delray Beach and the FDOT was just recently approved at the City Commission meeting
of May 17, 2016. The ability to collect those fees has been included in the Ordinance.
The proposed new sections will read as follows:
Permit and Fees:
6.3.3 (A)(2): The sidewalk café application fee is one hundred fifty dollars ($150.00).
The permit fee is $4.75 per square foot of approved sidewalk café space. Additional "leasing
fees" shall be collected for any sidewalk cafe located in the Florida Department of
Transportation right-of-way along East Atlantic Avenue and along South Ocean Boulevard.
Leasing fees will be established by the City by Resolution and collected based on to the terms
outlined in the Lease Agreement between the City of Delray Beach and the Department of
Transportation which may be amended from time to time.
Regulations Governing the Use, Design, and Maintenance of a Sidewalk Cafe:
6.3.3(F)(5) Within "ZONE-1" defined as that area East-to-West between Swinton Avenue
and the Intercostal Waterway on Atlantic Avenue, and North-to-South between NE/SE 1st
Streets (see Map), the following regulations shall apply:
(a) When a sidewalk café 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 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 a six foot (6') 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 six foot (6') clear pedestrian path
commencing from the edge of the impediment closest to the building facade
for a distance of six feet (6') towards the building.
(c) If a sidewalk café operator provides a clear pedestrian path of a minimum of
seven feet (7') the operator can place the associated tables and chairs on
both sides of the pathway. The seven foot (7') clear pedestrian path shall be
parallel to the street and/or alley.
(d) 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.
6.3.3 (F)(6) Within `ZONE-2" as defined as all other geographical areas of the City other than
that which is described in Zone 1 above, the following regulations shall apply:
(a) When a sidewalk café operator provides a clear pedestrian path of a minimum
of six feet (6') the operator can choose to place the associated tables and
2
4.
Historic Preservation Board Meeting of 04.05.17
LDR Amendments re: Ordinance XX-17 Revisions to§6.3.3 Sidewalk Cafe
chairs on either side or both sides of the pathway. In either case, the six foot
(6') clear pedestrian path shall be parallel to the street and/or alley.
(b) When the sidewalk café is established on one side of the six foot (6') clear
pedestrian path adjacent to the curb and is interrupted by street furniture,
trees, tree grates or similar impediments, then the sidewalk café 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 (6')
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.
ANALYSIS OF PROPOSED LDR TEXT AMENDMENT
Pursuant to LDR Section 2.4.5(M)(1), amendments to the Land Development Regulations may be
initiated by the City Commission, Planning and Zoning Board or City Administration; or an
individual.
STAFF COMMENT:
The proposed amendments were initiated by the City Commission at its November 10, 2015
meeting.
Pursuant to LDR Section 2.4.5(M)(5),Findings, in addition to LDR 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.
A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the
following applicable Objectives and Policies were noted:
FUTURE LAND USE
TRANSPORTATION
• Goal Area C: A conzenient safe and efficient transportation netzeork zehich emphasized safety and zehich
nrets the needs of residents, loth dear--n and and seasonal, shall be created Its focus shall he upon azoicling
congestion and accommodating all forms of trazel through the City.
Sidewalks are a critical element in the multi-modal transportation network here in the
City and in particular the downtown core area. Providing a safe and efficient flow of
pedestrian thresholds will help to eliminate congestion.
• Objective C-2: Existing conditions zehid) impose obstades to aanmrrxxlating this Gad of proouding safer
bicycl4 pedestrian,autonhle and public transportation shall be rectified
Creating geographical regulations to help with managing the pedestrian thresholds in
different areas of the community will increase safety.
• Objective D-2: Facilities which accommodate the nerds of the handicappa4 pedestrians and bicyclists shall
he assessed and required during dezelopnvnt reziezee co plying zeith state and national standards.
The amendments to the Ordinance is to accommodate the needs of the handicapped
and pedestrians by increasing the dimensions for clear pathways. These factors will be
addressed as part of the review process for sidewalk Café Permits.
3
Historic Preservation Board Meeting of 04.05.17
LDR Amendments re: Ordinance XX-17 Revisions to§6.3.3 Sidewalk Cafe
STAFF ANALYSIS:
The proposed amendments to LDR Section 6.3.3 Sidewalk Cafe strengthens the language to
better manage pedestrian flow in the downtown corridor while maintaining the economic benefits
of the cafes and meets the goals and intent of Comprehensive Plan. The revised fee structure
also accommodates the lease changes from FDOT. City staff and elected officials are working to
make sure that the pedestrian access on public rights-of-way is adequate to meet safety and ADA
requirements.
RECOMMENDED ACTION
Recommend approval to the City Commission of the Draft Ordinance for a City-initiated LDR
amendment to revise Section 6.3.3, "Sidewalk Cafes", to remove the reference to maintaining
sidewalk cafes on "private" property, amending Subsections (A)(2) to add leasing fees and
amending Subsection (F) to establish "regulations" by geographical zones; by adopting the findings
of fact and law contained in the staff report, and finding that the amendments and approval thereof
is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M).
Report by: Mark E Stivers, AICP, Principal Planner
Janet Meeks, Education Coordinator
Attachment: Draft Ordinance
4
r
DRAFT
ORDINANCE 17-17
AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT REGULATIONS
OF THE CITY OF DELRAY BEACH; AMENDING
SECTION 6.3.3 SIDEWALK CAFE TO ELIMINATE
REGULATIONS FOR SIDEWALK CAFES LOCATED ON
PRIVATE PROPERTY, PROVIDE GEOGRAPHIC
REGULATIONS, LEASING FEES; 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 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 March 20, 2017, and voted to
recommend that the changes be approved; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
staff report; and
WHEREAS, the City Commission at duly notice public meetings on 2017, and
on 2017, received and considered comments from the Planning and Zoning Board and
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 Land Development Regulations be amended as described in this ordinance.
R,
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 Section 6.3.3 "Sidewalk Café"of the Land Development Regulations of the
Code of Ordinances of the City of Delray Beach, Florida,be and the same is hereby amended as
follows:
Section 6.3.3 Sidewalk Cafe: A sidewalk cafe is a group of tables with chairs and
associated articles approved by the City situated and maintained outside
er—pfivate—prepept (exeluding—intefier—c-euftt,ar-d—seating—whieh—is—sabjeet—te—pafking
requirements) within a public right-of-way 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 cafes are
allowed only when in compliance with this Section. [Amd. Ord. 51-05 7/19/05]; [Amd.
Ord. 5-05 3/1/05]
(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 Delray Beach. 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: [Amd. Ord. 5-05 3/1/05]
(1)Each permit shall be effective for one year, from July 1st until June 30th. Any
new permit application received after July 1st until December 31st will pay the full cost of
the permit fee and the permit shall expire June 30th of the following year. Any new permit
application received after December 31st will pay one-half of the cost of the permit fee and
the permit shall expire June 30th of the same year. [Amd. Ord. 56-09 10/20/09]; [Amd.
Ord. 51-05 7/19/05]; [Amd. Ord.5-05 3/1/05]
(2)The sidewalk café application fee is one hundred fifty dollars ($150.00). The
permit fee is $4.75 per square foot of approved sidewalk café space within the public right-
of-way. Additional "leasing fees" shall be collected for any sidewalk cafe located in the
Florida Department of Transportation right-of-way along East Atlantic Avenue and along
South Ocean Boulevard. Leasing fees will be established by the City by Resolution and
collected based on the terms outlined in the Lease Agreement between the City of Delray
Page 2 of 12 ORD 17-17
Beach and the Department of Transportation which may be amended from time to time.
[Amd. Ord. 23-12 8/7/12]; [Amd. Ord. 37-10 11/2/10]; [Amd. Ord. 5-05 3/1/05]
(3)Renewals of a Sidewalk café permit and payment of fees must be submitted
and approved on or before July lst of each year. [Amd. Ord. 51-05 7/19/05]; [Amd. Ord.
5-05 3/1/05]
(4) Late Renewal Fee: If a renewal payment is not submitted by July 1st, it shall
be considered late and subject to a late fee of ten-percent (10%), plus an additional five-
percent (5%) late fee if payment is not received by the first of each month thereafter until
paid, provided that the total fee shall not exceed twenty-percent (20%). If a renewal
payment is not submitted by July 1st, the City has the right to immediately cancel the
Sidewalk Café permit upon written notice to the permit holder. [Amd. Ord. 56-09
10/20/09]
(B) Applicability: The provisions of this section shall apply to all existing and
proposed sidewalk cafes effective July 1, 2005. [Amd. Ord. 5-05 3/1/05]; [Amd. Ord.
25-98 7/21/98]
(C) Required Information: In addition to the required permit application and permit
fee, the following must be provided at the time the application is submitted or renewed:
[Amd. Ord. 5-05 3/1/05]; [Amd. Ord. 25-98 7/21/98]
(1) A copy of a valid business tax receipt; and description of use. [Amd. Ord. 37-
10 11/2/10]; [Amd. Ord. 5-05 3/1/05]
(2) A sketch plan of the area between the store front and vehicular travel surface or
public space, drawn to a minimum scale of 1" = 10' which shows: [Amd. Ord. 37-10
11/2/10]; [Amd. Ord. 25-98 7/21/98]
(a) The sidewalk café area including square footage and dimensions; [Amd.
Ord. 5-05 3/1/05]
(b) The store front and all openings (doors, windows); [Amd. Ord. 5-05
3/1/05]
(c) The location of curb, sidewalk, and any utility poles, fire hydrants,
landscaping, or other items, within the right-of-way and private property,
Page 3 of 12 ORD 17-17
I
between the curb and the store front including dimensions; [Amd. Ord. 5-
05 3/1/05]
(d) The location of any of the above items which are within six feet (6') of the
ends of the proposed use area; and the location of parking spaces (or use of
the street or public space) adjacent to the proposed use area; [Amd. Ord.
37-10 11/2/10]; [Amd. Ord. 5-05 3/1/05]
(e) Clear delineation of the boundary between private property and the right-of-
way including dimensions; [Amd. Ord. 5-05 3/1/05]
(f) Delineation of "clear pedestrian pathways" and "No Table Zones" as
required by Subsection(F) (5); [Amd. Ord. 5-05 3/1/05]
(g) Proposed location of chairs with tables, and other private features such as
but not limited to hostess stands, umbrellas, etc.; [Amd. Ord.5-05
3/1/05]
(h) Proposed location of sidewalk café barriers as required by Subsection (F)
(7); [Amd. Ord. 5-05 3/1/05]
(i) Photographs and/or manufacturer brochures depicting the chairs, tables,
umbrellas, menu boards and logos, and other temporary private features
including, but not limited to, lighting, planters, ropes, stanchions and other
equipment to be used in the proposed sidewalk cafe area. [Amd. Ord. 37-
10 11/2/10]; [Amd. Ord.5-05 3/1/05]
(j) If the Permittee intends to use property 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 to the City.
[Amd. Ord. 5-05 3/1/05]
(3) Proof of Insurance and a Hold Harmless Agreement in a form acceptable to the
City Attorney.
(D) Processing: The permit application including the Required Information as
requested in Subsection (C) above shall be submitted to the Community Improvement
Page 4 of 12 ORD 17-17
J •
Department for processing. Appeals shall be governed by Section 2.4.7(E). [Amd. Ord. 5-
05 3/1/05]; [Amd. Ord. 25-98 7/21/98]
(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. [Amd. Ord. 25-98 7/21/98]
(F) Regulations Governing the Use, Design, and Maintenance of a Sidewalk Cafe:
[Amd. Ord. 25-98 7/21/98]
(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. 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 café. [Amd. Ord. 10-12 4/3/12]; [Amd. Ord. 37-10 11/2/10]
(2) A sidewalk café may only be established in front of the business or along a side
street adjacent to the business, or in front of public open space plazas adjacent to the
business, and such businesses immediately adjacent to the business with which the
sidewalk cafe is associated. However, restaurants located on Atlantic Avenue with a side
street frontage shall only be allowed to establish a sidewalk café along one of the street
frontages. The sidewalk café shall not be established adjacent to a travel lane or on-street
parking, unless there is no ability to 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 six foot clear pedestrian path is provided and the tables and associated chairs
provide a minimum setback of 5' from the vehicular travel lane and associated curbing.
This 5' setback does not apply when the tables are immediately adjacent to on street
parking. [Amd. Ord. 03-15 02/24/2015]; [Amd. Ord. 10-12 4/3/12]; [Amd. Ord. 37-10
11/2/10]; [Amd. Ord. 5-05 3/1/05]
(3) Alcoholic beverages may be consumed within sidewalk cafe area.
(4) The use of the tables and chairs shall be only for the customers of the business
with which the sidewalk cafe is associated. Tables, chairs, umbrellas, barriers and other
objects associated with a sidewalk café shall be of quality design, materials and
workmanship both to ensure the safety and convenience of users and to enhance the visual
Page 5 of 12 ORD 17-17
and aesthetic quality of the urban environment, as previously approved by the City and as
shown and depicted in the approved Sidewalk Café permit. [Amd. Ord. 37-10 11/2/10]
Deleted number(5) and renumbered. [Amd. Ord. 5 05 3/1/05]
(5) Sidewalk café operators shall maintain a clear pedestrian path of a minimum of
six feet (six') at all times. The six foot (6') clear pedestrian path shall be parallel to the
street and/or alley. In the event a six foot (6') 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 six foot (6') clear pedestrian path commencing from the
edge of the impediment closest to the building facade for a distance of six feet (6') 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
with an adjacent traffic lane. For sidewalk cafes with permits approved prior to [effective
date of this ordinance], the dimensions of approved pedestrian paths will prevail until the
next permit-ram al [A m . Ord. 03-15 02/247 51' [A„ d. Ord. 5 05 3/1/0055l]
(5) Within "ZONE-1" defined as that area East-to-West between Swinton Avenue
and the Intracoastal Waterway on Atlantic Avenue, and North-to-South between NE/SE 1st
Streets (see Map), the following regulations shall apply:
(a) 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 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 a six foot (6') 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 six foot (6') clear
pedestrian path commencing from the edge of the impediment closest to
the building façade for a distance of six feet (6') towards the building.
(c) If a sidewalk café operator provides a clear pedestrian path of a minimum
of seven feet (7') the operator can place the associated tables and chairs on
both sides of the pathway. The seven foot (7') clear pedestrian path shall
be parallel to the street and/or alley.
(d) 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.
Page 6 of 12 ORD 17-17
(6) Within "ZONE-2" as defined as all other geographical areas of the City, the
following regulations shall apply:
(a) When a sidewalk café 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 case,
the six foot (6') clear pedestrian path shall be parallel to the street and/or
alley.
(b) When the sidewalk café is established on one side of the six foot (6') clear
pedestrian path adjacent to the curb and is interrupted by street furniture,
trees, tree grates or similar impediments, then the sidewalk café operator
may provide for a six foot (6') clear pedestrian path commencing from the
edge of the impediment closest to the building façade for a distance of six
feet(6') 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.
(6)(7) 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-Atlantic Avenue intersections, the "No Table Zone" shall
be ten(10') feet as measured above. [Amd. Ord. 5-05 3/1/05]
(7)(8) 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. No part of the barrier shall be located within the required 5'
clear pedestrian pathway as defined in subsection (5) and (6) above. [Amd. Ord. 37-10
11/2/10]; [Amd. Ord. 5-05 3/1/05]
(8)(9) In addition to previously approved business signs, the sidewalk cafe may
have one of the following signs: [Amd. Ord. 5-05 3/1/05]
(a) A wall mounted menu board sign that does not exceed three square feet (3
sq.ft.). [Amd. Ord. 5-05 3/1/05]
Page7of12 ORD 17-17
(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. or 6 sq. ft.). [Amd. Ord. 5-05 3/1/05]
(c) Logos upon table umbrellas. [Amd. Ord. 5-05 3/1/05]
The 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. [Amd. Ord. 5-05 3/1/05]
(9)(10) 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. [Amd. Ord. 5-05 3/1/05]
(10)(11)Food 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 café 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 café area.
[Amd. Ord. 10-12 4/3/12]; [Amd. Ord.37-10 11/2/10]; [Amd. Ord. 5-05 3/1/05]
(11)(12)The use of carpeting, artificial turf, or other services of any kind must be
approved as a part of the sidewalk café application. [Amd. Ord. 37-10 11/2/10]
(12)(13)All services provided to patrons of a sidewalk café and all patron activity
(i.e., sitting, dining, etc.) shall occur within the designated sidewalk café area, and shall not
impinge on the required 5' c ea..dista„ce clear pedestrian pathway as defined in subsection
(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. [Amd. Ord.37-10 11/2/10] [Amd. Ord. 03-15 02/24/2015]
(13)(14)Hours of operation shall be the same as the associated businesses. [Amd.
Ord. 37-10 11/2/10]; [Amd. Ord. 5-05 3/1/05]
(11)(15)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
Page 8 of 12 ORD 17-17
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 café 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
café area under permit. [Amd. Ord. 37-10 11/2/10]; [Amd. Ord. 5-05 3/1/05]
(15)(16)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. [Amd. Ord. 37-10 11/2/10]; [Amd. Ord. 5-05 3/1/05]
(G) Liability and Insurance: [Amd. Ord. 25-98 7/21/98]
(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. [Amd. Ord.
25-98 7/21/98]
Enacted a new letter (H) and relettered. [Amd. Ord. 5-05 3/1/05]
(H) Penalties for Violations: In addition to the remedies provided in Section 6.3.3(I),
the following penalties will'be imposed upon the issuance of a written notice to the
permittee shall be given as follows: [Amd. Ord. 5-05 3/1/05]
1st violation—a written warning [Amd. Ord. 5-05 3/1/05]
2nd violation—up to $150 fine [Ord.37-10 11/2/10]; [Amd. Ord. 5-05 3/1/05]
Page 9 of 12 ORD 17-17
3`d violation—up to $250 fine [Ord. 37-10 11/2/10]; [Amd. Ord. 5-05 3/1/05]
(I) Denial, Revocation, or Suspension of Permit; Removal and Storage Fees;
Jurisdiction of the Code Enforcement Board or Civil Violations; Emergencies: [Ord.
37-10 11/2/10]; [Amd. Ord.5-05 3/1/05]; [Amd. Ord.25-98 7/21/98]
(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. [Amd. Ord. 5-05 3/1/05]
(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
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 pemittee may not receive a new permit for six months. [Ord. 37-10
11/2/10]; [Amd. Ord. 5-05 3/1/05]
(f) 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. [Amd. Ord. 51-05 7/19/05]
(2) The City many remove or relocate or order the removal or relocation of tables
and chairs and other vestiges of the sidewalk café 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
Page 10 of 12 ORD 17-17
of relocation or removal shall be given and relocation and/or removal shall commence
immediately. [Amd. Ord. 5-05 3/1/05]
(3) The permittee may appeal the order of the City Manager pursuant to Section
6.3.3(J), below. [Amd. Ord. 5-05 3/1/05]; [Amd. Ord. 25-98 7/21/98]
(4) Fines for noncompliance shall be in accordance with Chapter 37 of the Code of
Ordinances. [Ord. 37-10 11/2/10]; [Amd. Ord. 51-05 7/19/05]
(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. [Amd. Ord. 5-05 3/1/05]
(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
S500.00. [Amd. Ord. 5-05 3/1/05]
(J) Appeals: [Amd. Ord. 5-05 3/1/05]; [Amd. Ord. 25-98 7/21/98]
(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. [Amd.
Ord. 25-98 7/21/98]
(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(I). [Amd.
Ord. 51-05 7/19/05]; [Amd. Ord. 25-98 7/21/98]
(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. [Amd. Ord. 25-98 7/21/98]
Page 11 of 12 ORD 17-17
(4) Appeals from the decision of the Code Enforcement Board shall be to the
circuit court and not to the City Commission. [Amd. Ord.25-98 7/21/98]
Section 7. 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 immediately upon its passage on second
and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this
day of , 2017.
Cary D. Glickstein, Mayor
ATTEST:
City Clerk
First Reading
Second Reading
Page 12 of 12 ORD 17-17
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