HomeMy WebLinkAbout4258 Revise Schedule EOrdinance No. 2011- 4258
An ordinance of the City Commission of the City of Sanford, Florida
substantially revising and amending the provisions of Section 20.0 of
Schedule "E" of the City of Sanford Code/Land Development
Regulations relating to right of way use in property assigned the
Special Commercial (SC -3) zoning classification; providing for the
orderly use of sidewalks with regard to uses such as sidewalk cafes;
providing for a savings provision; providing for conflicts; providing
for severability; providing for codification and providing for an
effective date.
Be it enacted by the People of the City of Sanford, Florida:
Section 1. Revised Section 20.0 of Schedule "E" of the City of Sanford
Code /Land Development Regulations.
A substantially revised and amended Section 20.0 of Schedule "E" of the City of
Sanford Code/Land Development Regulations is hereby created to read as set forth in
the Exhibit to this Ordinance which, by this reference thereto is, incorporated herein as
if fully set forth herein verbatim. The entire text of Section 20.0 of Schedule "E" is
amended as a substantial and plenary revision and amendment.
Section 2. Savings.
The prior actions of the City of Sanford relating to activities and programs
regulating sidewalk cafes are hereby ratified and affirmed.
Section 3. Conflicts.
All ordinances or part of ordinances in conflict with this Ordinance are hereby
repealed.
Section 4. Severability.
If any section, sentence, phrase, word, or portion of this Ordinance is determined
to be invalid, unlawful or unconstitutional, said determination shall not be held to
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invalidate or impair the validity, force or effect of any other section, sentence, phrase,
word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or
unconstitutional.
Section 6.Codification.
It is the intention of the City Commission of the City of Sanford, Florida, and it is
hereby ordained that the provisions of this Ordinance as set forth in the Exhibit shall
become and be made a part of the Code of Ordinances of the City of Sanford, Florida;
that the Sections of this Ordinance may be renumbered or re- entered to accomplish
such intention; that the word, "Ordinance," may be changed to "Section," "Article," or
other appropriate word; provided, however, that Sections 1 (except for the incorporated
Exhibit), 2 , 3, 4, 5 and 6 shall not be codified.
Section 6. Effective Date.
This Ordinance shall take immediate effect upon enactment.
Passed and adopted this day of ' , 2011.
Attest:
City Commission of the City of
Sanford, Florida
Seminole Countw. Florida
j&eAK Y a
ffJanet Dougherty U Jeff T
City Clerk
Approved as to form and
legality:
William L. Colbert, Esquire
City Attorney
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SECTION 20.0 RIGHT OF WAY USE IN SPECIAL COMMERCIAL (SC -3) ZONING
A. Purpose. The purpose of this Section is to support the growth of business, cultural, artistic,
and creative endeavors, while ensuring public safety, the smooth flow of pedestrian travel
and unobstructed access to structures and facilities while also providing positive visual
amenities, enhanced business opportunities and enhanced quality of life for pedestrians
through the accommodation of the development of orderly use of sidewalks in the Special
Commercial (SC -3) zoning district.
B. Applicability. Right of way use may be permitted on public sidewalks and public plazas in
the SC -3 zoning district to accommodate sidewalk cafes, outdoor display, outdoor art,
outdoor entertainment, A -Frame signs, and planters as accessory uses to the following:
1. Immobile retail establishments;
2. Immobile food service establishments;
3. Immobile beverage establishments with a valid consumption -on- premise license or a
package license only.
Right of way use is generally prohibited for alcoholic beverage uses at sidewalk cafes except that
alcoholic beverage establishments with a quota lawfully possessing a State license which license
is assigned the 2 -COP or 4 -COP license classification permitting the sale of beer and wine may
serve beer and wine at sidewalk cafes; provided, however, that only beer and wine may be served
at sidewalk cafes in a manner authorized by controlling State law. The owner or operator of a
sidewalk cafe serving either beer or wine shall provide a copy of the State license authorizing
such sale at any time requested by City personnel.
C. Definitions.
Artwork — a sculpture, portable painting, earthwork, print, calligraphy, or other form of
physical hard media.
Outdoor Art — use of a public sidewalk, right of way, or plaza by an eligible establishment for
the creation of artworks.
Outdoor Art Zone — the area permitted for the use of artist(s) for the creation of artworks.
Outdoor art zones may include seating for the artist, easel, moveable workstation for art
supplies, mechanical equipment for the creation of artworks, such as a lathe.
Outdoor Entertainment — use of a public sidewalk, right of way, or plaza by a retail, food
service and /or beverage establishment for live entertainment. The use will be characterized
by live music and /or other performing acts such as dance, juggling, magicians, face painters,
balloon modeling, portrait painters, caricature artists, performance of acts of skill, and other
types of approved entertainment within a specified area.
Pedestrian Zone — the area of a sidewalk reserved for pedestrian traffic and which shall be
kept free of any obstructions to traffic.
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Permit Area — the sidewalk area designated on a permit specifying the area of operation for
the approved right of way use.
Permittee — the person or entity operating a retail, food service and/or beverage establishment
who has received a permit authorizing right of way use.
Planter — is a container in which plants are grown and includes hanging baskets, flower
boxes, and pots.
Right of Way Use Permit — a permit issued by approval of the Administrative Official and/or
the Development Review Team for right of way use based on the conditions outlined herein.
Sidewalk Cafe — a use of a public sidewalk, right of way, or plaza by a food service and/or
beverage establishment for the serving of food and beverages. The use will be characterized
by the outdoor use of tables, chairs and umbrellas and appurtenant items associated with the
use.
Sidewalk Cafe Elements — all tables, chairs, umbrellas, plants, planters, awnings, barriers and
any other items of the sidewalk cafe, which are approved in the right of way use permit.
D. General Standards for Right of Way Use.
1. All employees shall be subject to and comply with all applicable requirements
including, but not limited to, the following:
• Patrons shall wear shoes and shirts at all times.
• All permit areas shall have an opening for ingress and egress at all times such
that pedestrian traffic on the sidewalk may continue unimpeded.
• All right of way uses shall adhere to the requirements of this Section and the
size, design, layout and any other specifications approved by the City.
• Employees and/or performers shall be fully clothed at all times in attire which
shall not be offensive to the general public as determined by the
Administrative Official utilizing contemporary community standards and
subject to appeal in accordance with the provisions of this Code.
• All outdoor entertainment shall promote a family friendly atmosphere and
may not use elements that are inconsistent or incompatible with
contemporary community standards.
2. Where the City has installed a permanent structure such as a parking meter, planter,
light pole or other device, the permittee shall accommodate the required clearance for
pedestrian passage. Permittees shall respect the rights of pedestrians traveling past
the permit area at all times during the operation of the right of way use.
All areas within and surrounding the permit area shall be maintained in a clean, neat,
safe, and sanitary condition and shall be policed routinely by the permittee to ensure
removal of all wrappings, litter, debris and food. The permittee shall accomplish a
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daily sanitary cleaning of the permit area. Sidewalks within and adjacent to the
permit area shall be swept daily and washed down as needed with mild soap and
water. The permittee shall not wash garbage cans or any other container, or other
personal property of any nature on the sidewalks. All cleaning shall be performed by
the permittee in accordance with applicable Federal and State regulations. The
permittee shall not use bleach or harsh chemicals on the sidewalk.
4. The hours when service is allowed within the permit area shall be during the business
hours of the permittee.
5. Cooking and food preparation within the permit area are prohibited and unlawful.
6. All areas permitted for outdoor art shall use plain brown masking paper (contractor's
paper) to protect the work area from damage as well as to delineate the work space.
The paper shall be of a suitable thickness to prevent damage to the sidewalk/work
area, and shall be secured to the sidewalk with removable tape all as determined by
the City.
7. The use of flammable materials, fire, and aerosols within the permit area are
prohibited and unlawful.
8. It is prohibited and unlawful for a performer or entertainer to accost any person for
the purpose of performing or soliciting donations for performance.
9. Live music entertainment is limited to a maximum of 2 performers using hand held
acoustic instruments.
10. All live entertainment which incorporates sound into the performance shall be limited
to the hours of 5PM through 9PM Monday through Thursday, from 2PM though
9PM on Friday and Saturday, and from 2PM through 6PM on Sunday.
11. All outdoor entertainment and performing acts shall abide by the City's noise
ordinance and may not produce sounds which constitute a nuisance or obscenity.
Permittees are required to sign off on receipt and acknowledgement of the City's
noise ordinance. No entertainer /performer may amplify sound electronically or
otherwise.
12. All outdoor entertainment and performing acts shall abide by the city's adult
entertainment ordinance. Permittees are required to sign off on receipt and
acknowledgement of the City's adult entertainment ordinance.
13. The use of flammable materials, flame, pyrotechnics, chemicals, and aerosols within
the permit area is prohibited and unlawful. No entertainer /performer may use any
knife, sword, torch, flame, axe, saw, firearm, or other hazardous or potentially
hazardous material, equipment, animal, or object that can cause serious bodily harm
to any person, or engage in any activity that can cause serious bodily injury to any
person.
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14. An entertainer /performer will be liable for any damages or injury to the public
resulting from his/her entertainment activities, and will hold the City, its officials and
employees, harmless against any and all liability, loss, costs, damages, or expenses
which may accrue to the City by reason of negligence, default, or misconduct of any
entertainer.
15. An entertainer /performer may not block or obstruct the free movement of pedestrians.
A police officer, fire official, code enforcement official, or other authorized City
official may disperse any portion of that crowd that is blocking the public way. If the
entertainer /performer cannot conduct a performance without blocking public passage,
such City officials may cause the entertainer /performer to leave location.
16. The storage or mixture of alcoholic beverages in the sidewalk cafe area is prohibited
and unlawful. Equipment necessary for the dispensing of any other items shall be
reported as part of the operation of the sidewalk cafe during the permitting process
and is subject to review and approval.
17. Sidewalk cafes shall be permitted to serve alcohol only to patrons who are seated in
the establishments' designated cafe seating area.
18. Outdoor dining on private property adjacent to and /or visible from the public right of
way shall adhere to the requirements outlined herein.
19. A right of way use permit may not be transferred to another address or to another
permittee.
20. Approved right of way uses shall abide by the City's noise ordinance.
21. Complaints regarding right of way uses will be investigated by the City and
violations of applicable Code provisions, ordinances or rules and regulations will
result in citations being issued to the permittee and/or revocation of permittee's right
of way use permit.
22. It is the responsibility of the permittee to adequately secure or remove all outdoor
components during periods of high winds. All permitted features shall be secured
inside by the permittee when a hurricane warning is issued. The issuance of such a
warning shall constitute an emergency situation. The City and its officers and
employees shall not be responsible for property and fixtures relocated during
emergencies.
E. Design Standards. The following design standards shall apply to all right of way use
permits:
1. Space and clearances.
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a. Right of way use may only be permitted on a sidewalk with a minimum width
of ten (10') feet from the property line to face of curb. The area designated
for the right of way use shall be considered an extension of the franchise.
Therefore, the location of the right of way use will be restricted to the length
of the sidewalk or public right of way immediately fronting (measured
parallel to the front lot line) the business and may not extend beyond the
frontage of the business.
b. Right of way uses shall maintain a clear pedestrian zone of six feet (6')
minimum at all times. In areas of higher pedestrian traffic or activity, or in
conditions that suggest the need for additional clearance, all as determined by
the City, a clear pedestrian path greater than six feet (6') may be required by
the City. This area shall be free of any obstructions such as trees, parking
meters, utility poles and the like in order to allow adequate pedestrian
movement.
C. Right of way use elements shall not interfere with any utilities or other
facilities such as telephone poles, fire hydrants, trash receptacles, trees, posts,
curbs, signs, parking meters, mailboxes, or benches located on the sidewalk
or public right -of -way.
d. Right of way uses shall not impinge or encroach upon any required clear
distances for maneuvering around entrances or exits. The permitted area shall
be accessible to disabled patrons and employees, and buildings adjacent to a
dining area shall have adequate ingress and egress as required by applicable
codes and ordinances.
e. Right of way uses shall be located a minimum five feet (5') from pedestrian
crosswalks, handicap corner cuts, bus stops, taxi - stands, fire hydrants,
driveways and alleys, and ten feet (10') from intersections. These
requirements may be modified by the City upon application by the permitted
and issuance of a development order, through the City's variance processes,
when it is found and determined by the City that unusual circumstances exist
that justify the modification.
2. Furniture, objects, structures and decor.
a. Right of way use elements may consist of some or all of the following:
removable barriers, operable facades, cafe umbrellas, outdoor tables and
chairs, fans, and outdoor radiant heating.
b. Right of way use elements shall be of quality design, materials and
workmanship, as determined by the City, to ensure the safety and
convenience of users and to enhance the visual and aesthetic quality of the
urban environment. Tables and related fixtures shall be of significant weight
to prevent easy toppling in significant winds as determined by the City. Right
of way use elements shall be of uniform color, design and style. All elements
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shall be of commercial grade. Tables and chairs shall be of wrought iron, cast
aluminum, steel, heavy grade commercial wood such as farmed exotics or
similar materials. Indoor furniture, tables and chairs of plastic, PVC or
residential grade are prohibited. A photograph, brochure or design plan shall
be submitted to the City for review and approval of the types of furniture,
menu boards or other elements to be used by the applicant.
C. All hanging baskets, flower boxes and pots shall be made for outdoor use. A
photograph or brochure will be required for approval of the planter(s)
proposed by the applicant.
d. Planters shall be potted with live plants and flowers during temperate months,
and removed during the remainder of the year. To promote a vibrant and
interactive sidewalk environment, plant material shall not exceed 48" in
height measured from the pavement.
e. If movable planters are used, they shall be at least 20" in height and no wider
than 2' at the base. Moveable planters may only be constructed of wood or
metal.
f. Tables and chairs shall be placed in the area designated for the right of way
use only. Appropriate density of tables and chairs will be subject to review
and approval by the Administrative Official and/or the Development Review
Team and may be affected by specific conditions of the location. Table sizes
shall be kept to a minimum in order to not cause crowding, a disturbance or a
nuisance. The maximum allowable dimension for tables shall be thirty -six
(36) inches in diameter, thirty -six (36) inches in width or length, and thirty
(30) inches in height.
g. Permanent structures prohibited and unlawful. All right of way use elements
shall not be attached permanently to the sidewalk or public right -of -way. The
permittee shall be responsible for the restoration of the sidewalk or public
right -of -way if any damage is caused as a result of the issuance of a right of
way use permit.
h. It is prohibited and unlawful to permanently or temporarily anchor anything
to any portion of the right -of -way.
i. It is prohibited and unlawful to attach any sign that is not included on the
approved plan to any right of way use element. A -Frame signs shall be free-
standing and may not be secured to the sidewalk.
j. Paper, plastic and Styrofoam products for the consumption of food or
beverages are prohibited and unlawful. The Administrative Official and/or
Development Review Team may exempt a caf6 from this regulation upon a
finding that the caf6 is self - service and does not employ a wait staff and upon
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a finding that the permittee shall be responsible for the proper disposal of all
products associated with food consumption in his own trash receptacles.
k. No awning, canopy, or covering of any kind, except individual table umbrellas,
are permissible over any portion of the outdoor dining located on public property.
Fencing, railing, plantings, or approved cafe barriers maybe erected to delineate
the outdoor seating area in the public right of way with the approval of the
Administrative Official and /or the Development Review Team. Such
appurtenances may not be permanently or temporarily anchored to any portion of
the right -of -way.
Displays shall generally be located directly in front of the storefront for which it
is intended. Doorways shall not be blocked.
m. Displays shall not hang from aerial braces but shall rest on the ground.
n. Displays shall not be allowed when the business is not open.
o. Displays shall not exceed thirty (30) inches in height.
p. Displays shall not project more than twenty four (24) inches from the building
wall facing the street.
q. Displays shall be not more than two thirds (2/3) of the window area as measured
in square feet.
3. Umbrellas. Umbrellas may be utilized if approved by the Administrative Official
and/or Development Review Team as a part of the permitting process. The use of
removable umbrellas may be permitted provided they do not interfere with street
trees or encroach into the pedestrian zone. No portion of the umbrella shall be less
than seven feet (7') above the sidewalk. Umbrella structures shall be designed to be
secure during windy conditions and shall be weather resistant. Umbrellas shall be
made of canvas or other non -vinyl materials, and shall be cleaned and maintained
regularly. Solid - colored umbrellas are recommended; fluorescent colors are
prohibited. Umbrellas shall match in all visual qualities, including dimension, color,
texture, and fabric as determined by the City. Umbrellas shall be designed for
outdoor commercial use, shall be freestanding or table- anchored, and shall not be
fastened to the ground.
4. Removable Barriers. Removable, freestanding barriers may be used to establish the
boundary of right of way use areas. Removable barriers may include caf6 barriers,
rope and stanchions, chains and bollards, planter boxes or freestanding fences
(between 20" to 36" in height). Barriers for right of way use zones may not be
anchored to the ground, to buildings, to trees, or to other street furniture. If used as
removable barriers for sidewalk cafes, planter boxes shall be made of safe, sturdy,
durable and attractive materials. They shall be 20" to 30" in height, and no wider than
2' at the base, but shall, at all times, be subject to City approval. Planters shall be
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potted with live plants and flowers at all times and plant material shall not exceed
48" in height measured from the pavement. Removable barriers may be allowed by
the City provided the permittee obtains all necessary approvals for such removable
barriers from the Administrative Official and /or Development Review Team and
from the Historic Preservation Board, if applicable.
5. Lighting. Lighting may be utilized if approved by the Administrative Official and/or
Development Review Team as a part of the permitting process. Any such lighting
shall compliment the existing building and shall not cause a glare to passing
pedestrians or vehicles. Electrical wires are prohibited and unlawful in the permitted
area. Possible alternative lighting sources include tabletop candles or low wattage
battery operated fixtures. Additional lighting may be attached to the permittee's
adjacent establishment provided permittee obtains all necessary approvals for such
lighting from the City and the Historic Preservation Board, if applicable.
6. Outdoor heaters. Outdoor heaters may be utilized upon the approval of the
Administrative Official and /or Development Review Team as a part of the sidewalk
cafe permitting process. All heaters shall be UL (Underwriters Laboratories, Inc.)
approved or FM (Factory Mutual) approved.
7. Vending machines, carts prohibited. Vending machines, carts, or objects for the
sale of goods are prohibited and unlawful in the permitted area.
8. Service and use. All services provided to patrons and all patron activity (i.e.,
sitting, dining, waiting, etc.) shall occur within the designated permitted area, and
shall not impinge or encroach upon the required clear distance for pedestrian passage
at any time. Supervision of the permitted area to ensure that the conduct of patrons
and operations are in compliance with this Section is the responsibility of the
permittee. Subject to the requirements of this Section the permittee shall, as part of
the right of way use permit, be entitled to remove or exclude persons from the permit
area during hours of business operation consistent with all applicable law. No cover
charge or minimum purchase may be required for admittance to a permitted area in
the public right -of -way.
F. Insurance required.
1. Each permittee shall furnish to the City a certificate of insurance evidencing
commercial general liability, public liability, food products liability (food serving
establishments only), 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.
2. The insurance shall have limits of not less than $1,000,000 per occurrence,
$1,000,000 in the aggregate combined single limit, for bodily injury, personal injury
and property damage liability. The insurance shall provide for thirty (30) days prior
written notice to be given to the City if coverage is substantially changed, canceled or
non - renewed. At least 10 days prior to the expiration date of insurance coverage, the
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permittee agrees to deliver to the Planning and Development Services Department a
certificate of insurance naming the City as additional insured. All insurance
requirements shall be subject to approval by the City's risk manager.
The City, its officers and employees shall be named as an additional insured on a
primary, noncontributory basis for any liability arising directly or indirectly from the
operation of a right of way use; and the permittee shall indemnify, defend and hold
the City harmless from any loss that results directly or indirectly from the permit
issuance or the operation of the right of way use.
4. If alcoholic beverages will be served at a sidewalk cafe, the permittee shall provide
proof of liquor liability insurance for the sidewalk caf6, with limits of not less than
$1,000,000 in such type as shall be acceptable to the City. All insurance requirements
shall be subject to approval by the City's risk manager.
5. Each permittee shall maintain the insurance coverage required under this Section
during the permit period. The certificate(s) of insurance shall be presented to the
Administrative Official prior to the issuance of a permit under this Section. Failure of
the permittee to maintain the insurance required by this Section shall result in the
revocation of the right of way use.
6. 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 that may be occasioned by any activity carried on under
the terms of the permit. Acceptance of the permit shall act as acceptance of this
condition and requirement.
G. Procedures.
All right of way use elements shall be subject to review and approval by the
Administrative Official and/or Development Review Team which shall approve,
approve with conditions or deny the application for a right of way use permit. If
located in a historic district, the right of way use elements shall also obtain a
certificate of appropriateness.
2. In reviewing right of way use elements, the Administrative Official and/or
Development Review Team shall consider the character and appropriateness of
design including, but not limited to, scale, texture, materials, color and the relation of
elements to the adjacent establishments, to features of structures in the immediate
surroundings, as well as to the streetscape and adjacent neighborhood(s), if
applicable.
3. No permit shall be issued pursuant to this Section unless the Administrative Official
has determined the following by clear and convincing evidence:
a. There are no outstanding code enforcement violations, fines, fees, taxes or
other charges due and owed to the City by the applicant or the owners of the
real property on which the right of way use is to be located. All outstanding
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debts to the City shall be paid in full prior to the issuance of a right of way
use permit.
b. The applicant has supplied all of the information required on or by the
application, and any additional information requested by the Administrative
Official and /or Development Review Team.
C. All of the requirements of this Section have been met.
4. The Administrative Official and/or Development Review Team may impose
conditions upon the issuance of a right of way use permit in order to protect the use
of adjacent right -of -way for its intended purpose, to prevent congestion of vehicular
or pedestrian traffic flow and to otherwise carry out the purpose and intent of this
Section, this Article and this Code.
5. The approval of a right of way use permit is conditional at all times. A right of way
use permit may be revoked or suspended by the Administrative Official and /or
Development Review Team upon a finding that 1 or more of the conditions of this
section have occurred, or the right of way use zone is being operated in a manner
which constitutes a nuisance, that the use unduly impedes or restricts the movement
of pedestrians, or that the use in any way constitutes a public liability or a danger to
the public. The revocation or suspension will be in writing, setting forth specific
reasons and providing an effective date. Grounds for revocation or suspension of a
right of way use permit may be based on (but are not limited to) the following:
a. Any necessary business or health permit or license has been suspended, revoked
or canceled.
b. The permittee does not have insurance which is correct and effective in the
minimum amounts required by the city.
c. Upon receipt of evidence that the permittee has violated state alcoholic beverage
requirements.
d. The permittee exceeds the approved square footage by placing any additional
tables, chairs, or other elements within and beyond the approved area.
e. The permittee has failed to correct violations of this division or conditions of this
permit within 72 hours of receipt of a Code Enforcement notice of such
violations delivered in writing to the permittee.
6. Right of way use permits shall be subject to review, approval and renewal based on
the right of way use regulations in place at the time of renewal and no vested right of
any type or nature shall inure to a permittee and all permits issued shall be subject to
this condition. Acceptance of the permit shall act as acceptance of this condition and
requirement.
7. Fees shall be established by resolution of the City Commission.
T: \Development Review \03 -Land Development \201 I 'Schedule E Revisions \City Commission Meeting 12.12.201 V Schedule E 20 -Ord 4258 approved on Dec 12 2011doc
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