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4258 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 All ordinances or part of ordinances in conflict with this Ordinance are hereby repealed.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 1 I Page 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 21Page 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. E -1. Ordinance 4258 12/12/11 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 E -2. Ordinance 4258 12/12/11 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. E -3 Ordinance 4258 12/12/11 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. E -4. Ordinance 4258 12 /l2 /l1 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 E -5. Ordinance 4258 12/12/11 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 E -6. Ordinance 4258 12/12/11 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 E -7. Ordinance 4258 12/12/11 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 E -8. Ordinance 4258 12/12/11 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 E -9. Ordinance 4258 12/12/11 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 E -10. Ordinance 4258 12/12/11