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Ordinance 2000-3237 Revised 4/14/00 ORDINANCE NO. 2000-3237 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CODE OF THE CITY OF MIAMI BEACH ENTITLED "PUBLIC PROPERTY", ARTICLE IV ENTITLED"USES AND PUBLIC RIGHTS OF WAY", DIVISION 5 ENTITLED "SIDEWALK CAFES", SUBDIVISION II ENTITLED "PERMIT", BY AMENDING SECTION 82-382 ENTITLED "APPLICATION" BY REQUIRING THE INCLUSION IN THE SIDEWALK CAFE APPLICATION OF THE DIMENSIONS OF ALL OBJECTS RELATED TO THE CAFE, BY DELETING THE REQUIREMENT FOR AFFIDAVITS FROM PROPERTY OWNERS OF PROPERTIES IN FRONT OF WHICH THE SIDEWALK CAFE WILL BE LOCATED, BY AMENDING SECTION 82-383 ENTITLED "FEE, RENEWAL FEE; PENALTIES FOR LATE PAYMENTS FOR RENEWAL FEE," BY CONTINUING THE EXEMPTION OF FEES FOR THE OPERATION OF SIDEWALK CAFES IN THE NORTH BEACH AREA;BY AMENDING SECTION 82-384 ENTITLED "STANDARDS, CRITERIA AND CONDITIONS" BY DEFINING AN UNOBSTRUCTED PEDESTRIAN PATH, BY AMENDING THE REQUIREMENTS FOR ALLOWING SIDEWALK CAFES TO EXTEND A MAXIMUM OF FIFTY (50)FEET IN THE PUBLIC RIGHT-OF-WAY ON ONE SIDE OR THE OTHER OF A PERMITTEE'S BUSINESS, BY PROVIDING FOR REGULATION OF PLANTERS AND UMBRELLAS, BY PROVIDING REGULATIONS FOR THE AFTER HOURS STORAGE OF CAFE FURNITURE AND PROVIDING FOR FINES AND OTHER REMEDIES FOR VIOLATIONS OF THESE REGULATIONS, BY PROVIDING FOR CASE-BY-CASE APPROVAL OF OTHER NON- PERMANENT STRUCTURES ASSOCIATED WITH THE CAFE,BY DELETING PROVISIONS PERTAINING TO THE DURATION OF SPECIAL EVENTS PERMITS FOR LIVE ENTERTAINMENT AND SPEAKERS,BY PROVIDING THAT OUTDOOR SPEAKERS SHALL REQUIRE DESIGN REVIEW APPROVAL BY PLANNING DEPARTMENT STAFF,AND BY DELETING PROVISIONS REGARDING ADA REQUIREMENTS WHICH HAVE BEEN PHASED IN DUE TO THE PASSAGE OF TIME; PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, REPEALER, SEVERABILITY,AND AN EFFECTIVE DATE. WHEREAS,the Sidewalk Cafe Ordinance of the City of Miami Beach requires revision to more appropriately address the needs of pedestrians and the evolving business community; and WHEREAS, in an effort to address the business, aesthetic, and safety concerns of the Lincoln Road, Ocean Drive and North Beach Areas, certain revisions to the permit requirements of the Sidewalk Cafe Ordinance as well as the standards, criteria, and conditions require amendment. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Section 82-382 entitled"Application"of Chapter 82 entitled "Public Property" of the Code of the City of Miami Beach, Florida, is hereby amended to read as follows: Chapter 82 "Public Property" Article IV "Uses in Public Rights-of-Way" * * * Division 5. Sidewalk Cafes * * * Subdivision II. Permit * * * Sec. 82-382. Application. (a) Application for a permit to operate a sidewalk cafe shall include, but not be limited to, the following information: (1) The name, address and telephone number of the applicant. (2) The name and address of the restaurant. (3) A copy of a valid city occupational license to operate a restaurant in front of which the proposed sidewalk cafe will be. The number of chairs to be utilized for the sidewalk cafe must be included in the number of chairs authorized by the license. (4) A copy of a valid certificate of use for the restaurant in front of which the proposed sidewalk cafe will be. 2 (5) A copy of a current certificate of insurance in the amounts and categories required by section 82-385. • (6) A scaled drawing (to scale) which accurately depicts showing the layout and dimensions of the existing sidewalk area and adjacent private property, proposed location, size and number of tables, chairs, steps, planters, umbrellas, location of doorways, location of trees, parking meters, bus shelters, sidewalk benches, trash receptacles and any other sidewalk obstruction either existing or proposed within the pedestrian area. (7) Photographs, drawings or manufacturers' brochures fully describing the appearance and dimensions of all proposed tables, chairs, umbrellas or other objects related to the sidewalk cafe. (8) An affidavit from the owners of the properties in front of which the proposed location. (b) The annual application shall be accompanied by a nonrefundable base application fee as set forth in appendix A. (c) New Applications shall be reviewed for compliance with city ordinances and must be approved by the public works department; planning department, design and historic preservation division; fire department; office of risk management; code compliance department; finance department; and building services department. ' - -- ••: : :: •-: • -- in which (1)the total square footage of the sidewalk cafe arca remains the same and(2) the • __ :- - : Z l:/►iliW;4 iiiii:f:iiiiiiiiiiiiiiiiiiii/7iiiiii/liar N7iLiiiiiii1iliiii)t„: . • : •_ • • shall be p occsscd on an expedited basis by the licensing department. Applicants for :�R:il\R:�:1l:J�1i1►7►)l:Fill•NI :I:i�%l:l��:Il:�i/�i�� \i7� •ii�R:�iiA�i : :►R• �J • i :i violations, (3) lack of city imposed fines or liens, and (4) payment of any outstanding balances owed to the city. (Ord. No. 92-2808, § 1(39-32), 10-8-92; Ord. No. 97-3092, § 1(39-32), 9-10-97) SECTION 2. That Section 82-383 entitled"Fee, renewal fee; penalties for late payments for renewal fee” of the Code of the City of Miami Beach, Florida is hereby amended to read as follows: Sec. 82-383. Fee; renewal fee; penalties for late payments for renewal fee. 3 * * * (e) Notwithstanding any other paragraph or provision of this article, no square footage fee as required by this section shall be required for the operation of sidewalk cafes on 71st Street, Normandy Drive, Normandy Fountain Circle and/or Ocean Terrace between October 1, 1998,through September 30,x-999,2001. However, a permit must still be obtained and the $150.00 base application fee required by subsection 82-382(b) shall be paid. (Ord.No. 92-2808, § 1(39-30), 10-8-92; Ord.No. 95-2999, § 1, 6-21-95; Ord. No. 97-3092, § 1(39-31), 9-10-97; Ord. No. 98-3146, § 1, 10-21-98) SECTION 3. That Section 82-384 entitled "Standards, Criteria and Conditions" of Chapter 82 entitled "Public Property" of the Code of the City of Miami Beach, Florida, is hereby amended to read as follows: Sec. 82-384. Standards, criteria and conditions. (a) Sidewalk cafes are restricted to the sidewalk frontage of the licensed restaurant to which the permit is issued or within the sidewalk frontage of the building where the validly licensed restaurant is located„. ••- -- - - • - - • •-: : • - - :.• :• : ; •• -- . The area of the permit may also extend by a maximum total of 50 feet on one side and/or the other of the permittee's business, subject to the provisions of subsection(b) of this section. (b) An applicant for a sidewalk cafe permit may be permitted to extend by a maximum total of fifty (50)feet in the public right-of-way on one side and/or the other side of the applicant's restaurant. In order for if the subject area of the permit to extends to a public right-of-way in front of an adjacent owner's property, the permittee must obtain written permission for use of such area from the adjacent property owner. Such permission shall be based on considerations of accessibility for the adjacent property owner's patrons and the visibility of the front of the adjacent property owner's business. The revocation or suspension of such permission shall not operate to grant the permittee a refund of the annual permit fee or any other fees paid to the city for operation of a sidewalk cafe. (c) Permits will shall not be issued where the tables and chairs would be placed within five(5 feet of bus stops, taxi stands, fire hydrants, alleys, bike racks, or any type of public street furniture and/or fixtures. (d) No tables, or chairs, umbrellas or other fixtures will shall be permitted within five O feet of a pedestrian crosswalk or handicap corner curb cut. (e) Sidewalk cafes shall be located in such a manner that a distance of not less than five (5) feet 4 is maintained at all times as a clear and unobstructed pedestrian path. cxccpt on Lincoln - - -- - : -- . For the purposes of the minimum clear path, parking meters,traffic signs,trees and all similar obstacles shall constitute obstructions. The pedestrian path for Lincoln Road shall be five(5)feet located between the property-line, and additionally, a ten (10) foot clear path for emergency vehicles and trams shall be required, the centerline of Lincoln Road, the exact location of each path shall to be determined by the director, or the director's designee, with a recognition that the configuration of Lincoln Road varies from block to block and that the paths may merge overlap in certain locations - -. --. . .. - • - -- ; :• i ; : . , . - - I- -; : to. These paths shall be incorporated into the sidewalk cafe site map of Lincoln Road. (f) No object shall be permitted around the perimeter of an area occupied by tables and chairs which would have the effect of forming a physical or visual barrier discouraging the free use of the tables and chairs by the general public or which would have the effect of obstructing the pedestrian path or the public access between the north and south sides of Lincoln Road as reflected on the sidewalk cafe site map of Lincoln Road except that tThe director may permit the use of plant containers (planters), the number and size to be reviewed by the planning director at time of application. Placement of planters on permitted sidewalk cafe areas shall be five (5) feet centers (5'-0"o.c.) or greater. The weight of planters shall be a major consideration, as it shall be the permittee's responsibility to remove said planters expeditiously in case of emergency or other special circumstances. Maximum size of planters shall not exceed the following: 1. Rectangular planters: 30" long, by 15" wide by 20" high. 2. Round planters: 24" diameter by 24" high. Planters 20" or higher shall be on rollers or on rolling bases. Plants shall be properly maintained and distressed plants shall be promptly replaced. Because plant fertilizers contain material than can stain the sidewalks, water drainage from any plants onto the sidewalk shall not be allowed. Potted plants shall have saucers or other suitable systems to retain seepage. Hedges or other types of landscape which form a solid visual barrier in excess of 18" in width shall not exceed four (4) feet in height. (g) Tables,chairs,umbrellas and other permissible objects, including planters, shall be approved by the planning director prior to the issuance of the sidewalk cafe permit. Such permissible materials provided with the sidewalk cafe shall be of high quality design, materials, size, elevation and workmanship to ensure the safety and convenience of the public. of-users-am! - •- - director prior to the issuance of the sidewalk cafe permit. 5 (h) Umbrellas and other decorative material shall be fire-retardant, pressure-treated or manufactured of fire-resistiveant material. -- - ;' . : . . - • A :•:1-- - - ., - -; - - -f WI : ; - ; •'- - , -. •;1 • ;II :1 : ; • All umbrellas shall be reviewed and approved on a case-by-case basis by the planning director based on compatibility with the surrounding urban area,the number, and proposed location of such umbrellas. No portion of an umbrella shall be less than 6'8" (80") above the sidewalk. Signs are prohibited on umbrellas, chairs, tables and other permissible fixtures which are located on the public right-of-way, except that the establishment name and/or its logo is permitted on umbrellas. Lettering and/or logos may not exceed six inches in height. (I) Prior to issuance or renewal of a sidewalk cafe permit,the city's finance director shall certify • that there are no outstanding fines, monies, fees, taxes or other charges owed to the city by the person requesting a sidewalk cafe permit. A sidewalk cafe permit will not be issued until all outstanding debts to the city are paid in full. (j) For new applications, Only eone menu board attei-ertly plus one specials board shall be permitted per sidewalk cafe for every 50 feet of frontage.The location,size,design,materials and color of the menu board and specials board shall be approved by the dir ceroi planning director, :--•:- ;1- : -•- : •- : --- : ": - prior to the issuance of a sidewalk cafe permit, and the menu board and specials board location shall be shown on the permit exhibit. The menu board and specials board shall not be a sandwich board or A-frame sign. All existing menu his 29 1' (k) Each permit shall be effective for one year, from October 1 until September 30. (1) The permit issued may be transferred to a new owner only for the location and area listed on the permit. The transferred permit shall be valid only for the remainder of the period for which it was originally issued. (m) The director may require the temporary removal of sidewalk cafes when street, sidewalk or utility repairs necessitate such action. If such temporary removal exceeds 15 days, the director shall prorate the remaining permit fee for each additional day the sidewalk cafe is removed and apply a credit toward the following year's permit fee, or if requested to do so by the permittee, refund the remaining fee to the permittee. (n) The director may cause the immediate removal or relocation of all or parts of the sidewalk cafe in emergency situations or for safety considerations. (o) The city and its officers and employees shall not be responsible for sidewalk cafe fixtures relocated during emergencies. 6 (p) The permit shall be specifically limited to the subject area shown on the approved site plan as well as other required exhibits attached to and made a part of the permit. No permit shall be granted on Lincoln Road in an area designated as restricted for special and cultural events, unless approved for temporary use by the director. Such area will be designated in the city-approved sidewalk cafe site map. (q) The permittee shall use positive action to assure that its use of the sidewalk in no way interferes with other sidewalk users or limits their free, unobstructed passage. (r) A sidewalk cafe permit shall only be issued to a full-service restaurant. No sidewalk cafe permit shall be issued to a restaurant whose occupational license or certificate of use is limited to take-out service. (s) Tables, chairs, umbrellas and other permissible objects provided with a sidewalk cafe shall be maintained with a clean and attractive appearance and shall be in good repair at all times. (t) The area covered by the permit and the sidewalk and roadway immediately adjacent to it shall be maintained in a neat and orderly appearance at all times by the permittee, and the area shall be cleared of all debris as needed during the day, and again at the close of each business day and as determined by the director. The permittee shall also be responsible to pressure clean the floor surface on which the sidewalk cafe is located at least once a week, or more frequently. as needed. (u) No advertising signs or business identification signs shall be permitted in the public right-of-way except as permitted in subsection(h) of this section. (v) All tables, chairs, umbrellas, plants, planters, or any other items or parts of items shall be readily removable, and shall not be physically No tables, chairs or any othcr parts of s:a..__...,," a f . .hall be attached, chained or in any other manner affixed to any structure. tree, post, sign or other fixture, curb or sidewalk within or near the permitted area. (w) The permit covers only the public sidewalk. Tables and chairs on private property will be governed by other applicable regulations.No additional outdoor seating authorized pursuant to this division shall be used for calculating seating requirements pertaining to location of, applications for or issuance of a liquor license for any establishment; nor shall the outdoor seating be used as the basis for computing required seating for restaurants and dining rooms, or as grounds for claiming exemption from such requirements under the provisions of any city ordinance or state law. (x) No food preparation, plastic food displays, food storage, or refrigeration apparatus or equipment,Qt fire or fire apparatus or equipment, shall be allowed on the public sidewalk, whether or not such area is covered by this a sidewalk cafe permit. However. space heaters are permitted provided that they are an outdoor approved type.are located in accordance with 7 the manufacturer's recommendations, and are located at least two (2) feet from the edge of any umbrella canvas, any foliage, or any other flammable object or material. (y) Upon the issuance of a hurricane warning by the county, the permittee shall forthwith place indoors all tables, chairs and other equipment located on the sidewalk. The issuance of such a hurricane warning shall constitute an emergency situation as referenced in this division. Violation of this subsection shall result in the issuance of an immediate $500.00 fine. As additional means of enforcement, the city may remove any sidewalk cafe equipment found on public property two hours after the issuance of a hurricane warning. Any and all costs incurred by the city for removal or storage of sidewalk cafe equipment shall be the responsibility of the cafe owner. The city is not responsible for any damages or loss of equipment which is lawfully confiscated. (z) Only the sidewalk cafe equipment specifically shown on the approved diagram and not otherwise prohibited shall be allowed in the permit area. The estimated chair count per table may vary within the prescribed area, provided that the chairs remain within the approved sidewalk cafe area. No storage of chairs, tables, dishes, silverware or other sidewalk cafe equipment shall be allowed in the permit area, in any portion of the public right-of-way or outside the structural confines of the building in which the restaurant is located. The stacking or piling up of sidewalk cafe furniture on the public-right-of way shall be prohibited in all sidewalk cafe locations within the city, except that tables and closed-up umbrellas may remain on the public right-of-way as long as they are placed in an orderly manner. However, Rrestaurants and their sidewalk cafes located on Lincoln Road that do not open for breakfast or serve food before 10:00 a.m. shall, at the close of business, remove all chairs, service carts, menu and "specials" boards and store them inside the premises of the main restaurant. It is strongly recommended that service carts and bussing accessories be located inside the restaurant., however, the permittee may maintain such nonpermanent structures as rolling service stations in the permit area during hours of operation, subject to review and approval by the planning director on a case-by-case basis. Said approval shall be based on location and size of the service carts. Rolling service stations, service carts, and bussing accessories shall not be permitted to be placed within five(5) feet of the walls, columns, or posts of the Lapidus structures, or in front of storefronts on Lincoln Road. (aa) Outdoor speakers mounted on the exterior walls of buildings of a certain size,dimension, and color shall be deemed automatically app ovcd as to design review by Planning require design review approval by Planning Department staff on a case-by-case basis. The placement and size of outdoor speakers shall be subject to administrative approval by Planning Department staff in accordance with Section 118-260 of the City Code. (aabb) There shall be no live entertainment or speakers placed in the permit area unless permitted as a special event. - - --. •-- . -- : 0 . . . ' . :; -- :- - - -: . , , - 8 Conditions such as hours and days of operation and audio levels will be regulated by the special events office, and these may vary during the year. (bbcc) The permittee shall comply with the following design requirements regarding outdoor seating: clear knee space under tables: 27 inches in height, 30 inches in width, 19 inches in depth and 34 inches in maximum table height to top of table. Alternatively, equivalent accessible seating may be provided. An acceptable example of equivalent seating would be a round table of 36 inches diameter, four inches stem and base with individual supports. The pedestal and base shall not encroach in the clear floor area. - -- : • - or- -- - : • • • : : .-� •• ; - :I : - • -,.- :. V. • :, • _ - .. - , • : -- : •e • - V NO -., -- '• For sidewalk cafe permits issued after September 20, 1997, 20 percent of the outdoor seating, but not less than two tables, shall comply immediately. (eek) The permittee shall comply with the state accessibility code for building construction,which lists the following requirements which apply to sidewalk cafes: (1) In new construction, all dining areas shall be accessible. In alterations, accessibility to all parts of outdoor seating areas is not required provided that the same services and decor are provided in accessible space usable by the general public and are not restricted to use by people with disabilities. (2) The accessibility route shall be a minimum of 44 inches continuously. If an accessible route has less than 60 inches clear width, then passing at least 60 inches by 60 inches shall be located at reasonable intervals, not to exceed 200 feet. (3) Objects,including umbrellas,mounted with their leading edges at or below 27 inches above the finished floor may protrude any amount. Freestanding objects mounted on posts or pylons may overhang 12 inches maximum from 27 inches to 80 inches above the ground or finished floor.Protruding objects shall not reduce the clear width of an accessible route or maneuvering space. (Mee) A copy of the site plan.as approved in conjunction with the current sidewalk cafe permits tall be maintained on the permittee's premises and shall be available for inspection by city personnel at all times. SECTION 3. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. 9 SECTION 4. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention,and the word"ordinance" may be changed to "section", "article," or other appropriate word. SECTION 5. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect on the 22nd day of April , 2000. PASSED AND ADOPTED this 12th day of April 2000. MAYOR ATTEST: 1 Ij 4 C TY CLE' F:\ATTO\TURMORDINANC\SIDECAF9.AMD 4/14/0 1st reading 3/15/00 2nd reading 4/12/00 APPROVED AS TO FORM& LANGUAGE & FOR EXECUTION . / 4147/0 .. 'ti, '+rMletv Dols 10 CITY OF MIAMI BEACH er CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci.m iam i-beach.fl.us COMMISSION MEMORANDUM NO. 1 -oo TO: Mayor Nelsen O.Kasdin and DATE: April 12,2000 Members of the City Commission • FROM: Lawrence A.Levy 11� City Manager PUBLIC HEARING - SECOND READING SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CODE OF THE CITY OF MIAMI BEACH ENTITLED "PUBLIC PROPERTY", ARTICLE IV ENTITLED "USES AND PUBLIC RIGHTS OF WAY", DIVISION 5 ENTITLED "SIDEWALK CAFES", SUBDIVISION II ENTITLED "PERMIT", BY AMENDING SECTION 82-382 ENTITLED "APPLICATION" BY REQUIRING THE INCLUSION IN THE SIDEWALK CAFE APPLICATION OF THE DIMENSIONS OF ALL OBJECTS RELATED TO THE CAFE, BY DELETING THE REQUIREMENT FOR AFFIDAVITS FROM PROPERTY OWNERS OF PROPERTIES IN FRONT OF WHICH THE SIDEWALK CAFE WILL BE LOCATED,BY AMENDING SECTION 82-383 ENTITLED "FEE, RENEWAL FEE; PENALTIES FOR LATE PAYMENTS FOR RENEWAL FEE," BY CONTINUING THE EXEMPTION OF FEES FOR THE OPERATION OF SIDEWALK CAFES IN THE NORTH BEACH AREA;BY AMENDING SECTION 82-384 ENTITLED "STANDARDS, CRITERIA AND CONDITIONS" BY DEFINING AN UNOBSTRUCTED PEDESTRIAN PATH, BY AMENDING THE REQUIREMENTS FOR ALLOWING SIDEWALK CAFES TO EXTEND A MAXIMUM OF FIFTY (50) FEET IN THE PUBLIC RIGHT-OF-WAY ON ONE SIDE OR THE OTHER OF A PERMITTEE'S BUSINESS, BY PROVIDING FOR REGULATION OF PLANTERS AND UMBRELLAS, BY PROVIDING REGULATIONS FOR THE AFTER HOURS STORAGE OF CAFE FURNITURE AND PROVIDING FOR FINES AND OTHER REMEDIES FOR VIOLATIONS OF THESE REGULATIONS, BY PROVIDING FOR CASE-BY-CASE APPROVAL OF OTHER NON- PERMANENT STRUCTURES ASSOCIATED WITH THE CAFE, BY DELETING PROVISIONS PERTAINING TO THE DURATION OF SPECIAL EVENTS PERMITS FOR LIVE ENTERTAINMENT AND SPEAKERS, BY PROVIDING THAT CERTAIN OUTDOOR SPEAKERS MOUNTED ON THE EXTERIOR WALLS OF BUILDINGS SHALL BE DEEMED AUTOMATICALLY APPROVED AND THAT ALL OTHER SUCH SPEAKERS SHALL REQUIRE DESIGN REVIEW APPROVAL BY AGENDA ITEM 5 IS DATE 14-12 -OO F:\CMGR\SALL\RONNIE\SIDEWALK\SIDEWALK 412 Sidewalk Cafe Ordinance Commission Memorandum April 12, 2000 Page Two PLANNING DEPARTMENT STAFF ON A CASE-BY-CASE BASIS,AND BY DELETING PROVISIONS REGARDING ADA REQUIREMENTS WHICH HAVE BEEN PHASED IN DUE TO THE PASSAGE OF TIME; PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, REPEALER, SEVERABILITY,AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Adopt the Ordinance. ANALYSIS The Sidewalk Cafe Ordinance regulates the use of the public right-of-way by private businesses. A revocable permit is issued once specific criteria is met, and a charge is assessed at the rate of$10 per sq. ft. annually once the site plan for the outdoor area is approved by the Administration. The proposed list of amendments are a result of concerns raised by the business community, area residents, the Barrier Free Committee, and the Administration. The amendments clarify requirements at the time of application(Section 82-382), fees for the North Beach area(Section 82- 383), and standards, criteria and conditions for approval of a permit (Section 82-384). A series of workshops culminated in the Ordinance being brought forward to the City Commission at the November 17, 1999 meeting. The item was deferred at that meeting, and Commissioner Luis Garcia volunteered to work with the affected restaurants and businesses to look at their specific concerns, and to begin with the premise that different areas needed to be dealt with accordingly. Several community meetings and "walking tours" have been held since then and the restaurant community,as well as the business community have been in attendance. Input has been sought from the sidewalk cafe operators in an effort to draft legislation that is not overly regulatory, streamlines the application and renewal process, and improves pedestrian circulation and retail business accessibility. A publicly noticed workshop was held to gather additional input from the public on March 9, 2000. On March 15, 2000 the City Commission approved the Ordinance on first reading and directed the Administration to hold another workshop prior to the second reading of the Ordinance on April 12, 2000 for the purpose of further clarifying elements of the Ordinance. A Workshop was held(see attached sign-in sheet)on March 29, 2000,and yet another scheduled for Friday, April 7, 2000, to review the Ordinance in final form prior to returning to the Commission. In addition, block-by-block site maps have been prepared and reviewed for Lincoln Road. E:\CMGR\S AL L\RONNIE\SIDEWALK\SIDEW ALK.112 Sidewalk Cafe Ordinance Commission Memorandum April 12, 2000 Page Three Highlights of the Ordinance include the following: • Section 82-382 of the Sidewalk Cafe Ordinance addresses the application process and, as proposed, requires that a restauranteur seeking to "lease" the public right-of-way provides a scaled site plan which clearly identifies all uses and furniture within that space, and identifies the sizes(dimensions) of each space (a-5, a-6). Section 82-383 proposes to extend the exemption through September of the Year 2001 for square foot charges in North Beach(by Ordinance it had expired in September of 1999). Section 82-384 of Chapter 82 entitled "Public Property" addresses Standards, Criteria and Conditions under which a sidewalk cafe permit may be operated. Subsection"b"enables a permittee to extend a maximum of fifty(50)feet in the public right-of-way on one side or the other of the existing restaurant with the written permission of the adjacent property owner. Visibility and accessibility to the adjacent property owner's business shall serve as criteria for approval of the extension. Subsection "e" of Section 82-384 amends the Ordinance specifically for Lincoln Road. It requires an additional five(5)foot clear pedestrian path from the front property line, and reduces the twelve (12) foot clear path now required for emergency vehicles and trams to ten(10) feet(approved by the Fire Department). The popularity of Lincoln Road and the concomitant increase in pedestrian activity have necessitated these Ordinance revisions. Many retail store owners on the Road have requested that pedestrian traffic not be limited in front of their storefronts as is the case with the current Ordinance. The Ordinance proposes that the public right-of-way directly under storefront awnings and overhangs, should be for the use of general public, and should not be permitted as restaurant table service. The exception is made where restaurants"cluster"side by side,and/or wrap the corner of the block. The Ordinance also recognizes that the path may vary from block to block, and in some cases the two paths may overlap as indicated on the site map. The Ordinance recognizes constraints imposed by the streetscape design and allows for case-by-case review. Further revisions to the criteria and standards section of the Ordinance include the use of rollers under planters that are 20" or higher, as well as specifying acceptable plant size and required maintenance(82-384(f)). Safe use of space heaters(previously not permitted) is also addressed(d). The volume of pedestrians on our public streets has placed tremendous demands on the City's cleaning crews. To reinforce the obligation of cafe owners to keep their area clean, and pressure cleaned, Section 82-384(t) has been amended to specify pressure cleaning requirements. The placement of service carts and bussing stations has also been addressed in(z). F:\CMGR\SALL\RONNIE\SIDEWALK\SIDEWALK 412 Sidewalk Cafe Ordinance Commission Memorandum April 12, 2000 Page Four As proposed, stacking of furniture is prohibited, but tables and closed umbrellas may remain provided that they are placed in an orderly manner. On Lincoln Road, those cafes not open for breakfast or by 10:00 a.m.,would be required to remove and store all moveable cafe furniture except tables themselves(z);and no fixtures may be affixed to any structures(v),which will serve to protect the Lapidus structures. Recent hurricanes have given rise to the need to include an immediate fine of$500 if the City's emergency plans are not adhered to. When a hurricane warning is issued by the County, all furniture and fixtures on the sidewalk must be removed within two (2)hours of notification. To do otherwise would put adjacent businesses, property owners, the public, and the City in jeopardy (Section 82- 384(y). Section 82-384(aa) has been added at the request of permittees, in an effort to acknowledge the ability to have Planning Department approved speakers mounted on the exterior of their premises. Live entertainment in the public right-of-way (82-384(bb)) is currently permitted only as a special event. (On Ocean Drive,porch front entertainment must receive Conditional Use approval from the City's Planning Board.) No new entertainment permits have been authorized on Lincoln Road, and all existing permits expired as of September 30, 1999. The Special Events office is now working with the restaurants, Lincoln Road Marketing, Inc., and the Planning Department to create a live entertainment program for Lincoln Road. In summary,the Sidewalk Cafe Ordinance needs these revisions to more appropriately address the great success and popularity of outdoor dining and its effects on the surrounding environs. An enormous amount of community input has shaped this Ordinance which seeks to balance public right-of-way concerns with those of private entrepreneurs. The City Commission should adopt this Ordinance as amended. LAL: :j ah F:\CMGR\SALL\RONNIE\SIDEWALK\SIDEWALK.412 • Cl..) a - "0 � G C g o • = u 00 - o — _ ' rr) •— • - o I1 11 00 0 2 '0 k 2 +4 § c ' 7 " © ' - '« ° qcip P4 2 8 \ O / Q •,.G + _ to E § 2 ] 2 -El, o u o —#ms U & Q « = W k Cl)' ~ / ' 0 • R ° t u & '- o '2 ? 2 ƒ