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3948ORDINANCE NUMBER ~qL/~ CITY OF SANFORD, FLORIDA AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SANFORD, FLORIDA, PROVIDING FOR THE SECTION 20 TO SCHEDULE "E" OF THE CITY OF SANFORD CODE/LAND DEVELOPMENT REGULATIONS RELATING TO SIDEWALK CAFES; PROVIDING FOR PURPOSE; PROVIDING FOR APPLICABILITY; PROVIDING FOR DEFINITIONS; PROVIDING FOR STANDARDS; PROVIDING FOR INSURANCE REQUIRMENTS AND iNDEMNIFICATION; PROVIDING FOR PROCEDURES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ENACTED BY THE CITIZENS OF THE CITY OF SANFORD, FLORIDA: SECTION 1. NEW SECTION 20 TO SCHEDULE "E" OF THE CITY OF SANFORD CODE/LAND DEVELOPMENT REGULATIONS. A new Section 20 to Schedule "E" of the City of Sanford Code/Land Development Regulations is hereby amended 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. SECTION 2. CONFLICTS. All ordinances or part of ordinances in conflict with this Ordinance are hereby repealed. SECTION 3. 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 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 4.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 ,, · ,' or other intention; that the word, Ordinance, may be changed to Section, "Article," appropriate word; provided, however, that Sections 1 (except for the Exhibit), 2 , 3, 4 and 5 shall not be codified. Ordinance No:-~_ ~r'~_~,~ Page 1 SECTION 5. EFFECTIVE DATE. This Ordinance shall take immediate effect upon enactment. PASSED and ADOPTED this ~ day of, 2005. ATTEST: J,~4ET DOUGHERTY, ~Y C~K CITY COMMISSION OF THE CITY OF SANFORD LIND~ KUItN, MAYOR CERTIFICATE I, Janet R Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify that a · - - ~ ' ~'rdinance No , ~qe4:~ PASSED ANI~ ADOPTE]D by the true and correct copy ot t~e foregoing City Commission of the City of Sanford, Florida, on the ~ . day o ~(~/o~ ., 2005z.v/,ps posted at tremont door o,f the City Hall in the City of Sanford,~'lorida, on the /(.Y ~ day of ff/j/~t~g~- ,2005. JANET DOUGHERTY As the City Clerk of the City of Sanford, Florida 0 rd in a nce N o.~ ~-ff ~ Page 2 SECTION 20.0 A. SIDEWALK CAFI~S Purpose. The purpose of this Section is to ensure 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 sidewalk cafrs in the Special Commercial - 3 (SC-3) zoning district. Applicability. Sidewalk cafrs may be permitted as accessory uses to immobile retail food and/or beverage establishments on public sidewalks and public plazas in the SC-3 zoning district. Definitions. Pedestrian Zone - the area of a sidewalk reserved for pedestrian traffic and which shall be kept free of any obstructions to traffic. Permit Area - the sidewalk area designated on a permit specifying the area of operation of a sidewalk cafr. Permittee - the person or entity operating a food service and/or beverage establishment who has received a permit authorizing a sidewalk cafe. Sidewalk Caf6 - a use of a public sidewalk 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 Caf6 Elements - all tables, chairs, umbrellas, plants, planters, awnings, barriers and any other items of the sidewalk cafr, which are approved in the sidewalk caf6 permit. '1/25/05 General Standards for Sidewalk Cafrs. 1. All sidewalk caf6 employees shall be subject to and comply with all applicable requirements and standards for a retail food establishment to include, but not be limited to, the following: · Patrons must wear shoes and shirts at all times. · All sidewalk cafrs must have an opening for ingress and egress at all times such that pedestrian traffic on the sidewalk may continue unimpeded. · All sidewalk cafrs shall adhere to the requirements of this Section and the size, design, layout and any other specifications approved by the City. 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 their sidewalk caf6 at all times during the operation of the sidewalk cafr. 3. All areas within and surrounding the sidewalk caf6 shall be maintained in a clean, neat and sanitary condition and shall be policed routinely by permittee to ensure Page 1 of 6 removal of all wrappings, litter, debris and food. The permittee shall accomplish a daily sanitary cleaning of the sidewalk caf& Sidewalks within and adjacent to the sidewalk caf6 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. The hours when service is permitted at the sidewalk cafe shall be during the business hours of the permittee. Cooking and food preparation within the permit area are prohibited and unlawful. The storage or mixture of alcoholic beverages in the sidewalk caf6 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 caf6 during the permitting process and is subject to review and approval. A sidewalk caf6 permit may not be transferred to another address or to another permittee. Complaints regarding sidewalk caf6s will be investigated by the City and violations of applicable Code provisions, ordinances or roles and regulations will result in citations being issued to the permittee and/or revocation of permittee's sidewalk caf6 permit. All sidewalk caf6 elements shall be secured inside by the permittee when a hurricane warning is issued. Design Standards. The following design standards shall apply to sidewalk caf6s: Space and clearances. a. A sidewalk caf6 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 sidewalk caf6 shall be considered an extension of the franchise. Therefore, the location of the sidewalk caf6 must be directly in front of the franchise. A sidewalk caf6 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. 7/25/05 Page 2 of 6 Sidewalk cafes shall not interfere with any utilities or other facilities such as telephone poles, fire hydrants, signs, parking meters, mailboxes, or benches located on the sidewalk or public right-of-way. Sidewalk caf6s shall not impinge or encroach upon any required clear distances for maneuvering around entrances or exits. The dining area of a sidewalk caf6 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. A sidewalk caf6 shall be located five feet (5') from 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. Furniture, objects, structures and d~cor. a. Sidewalk caf~ 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. The tables and related fixtures shall be of significant weight to prevent easy toppling in significant winds as determined by the City. A caf6's elements shall be of uniform design and style. All elements shall be of commercial grade. Caf6 tables and chairs shall be of wrought iron, cast aluminum, steel, heavy grade commercial wood such as farmed exotics or similar materials. Tables and chairs of plastic, PVC or residential grade shall be prohibited. b. It is prohibited and unlawful to permanently or temporarily anchor anything to any portion of the right-of-way. c. It is prohibited and unlawful to attach any sign to any sidewalk caf6 element. Tables and chairs for sidewalk dining shall be placed in the area designated for sidewalk dining only. Appropriate density of tables and chairs will be subject to review and approval by the Administrative Official and Design Review Committee 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. Permanent structures in sidewalk cafes are prohibited and unlawful. All sidewalk caf6 elements shall not be attached permanently to the sidewalk or public right-of-way. The permittee shall be responsible for the 7/25/05 Page 3 of 6 restoration of the sidewalk or public right-of-way if any damage is caused as a result of the issuance of the usage as a sidewalk caf& Paper, plastic and Styrofoam products for the consumption of food or beverages are prohibited and unlawful. The Administrative Official may exempt a caf6 from this regulation upon a finding from the Development Review Team that the caf6 is self-service and does not employ a wait staff and upon a finding that the permittee shall be responsible for the proper disposal of all products associated with food consumption in his own trash receptacles. Umbrellas. Umbrellas may be utilized if approved by the Administrative Official upon a favorable recommendation by the Development Review Team as a part of the sidewalk caf6 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. Lighting. Lighting for sidewalk caf6s may be utilized if approved by the Administrative Official upon a favorable recommendation by the Development Review Team as a part of the sidewalk caf~ permitting process. Any such lighting shall compliment the existing building and sidewalk caf~ design and shall not cause a glare to passing pedestrians or vehicles. Electrical wires are prohibited and unlawful in the sidewalk caf6 area. Possible altemative 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. Outdoor heaters. Outdoor heaters may be utilized upon the approval of the Administrative Official upon a favorable recommendation by the Development Review Team as a part of the sidewalk caf6 permitting process. All heaters shall be UL (Underwriters Laboratories, Inc.) approved or FM (Factory Mutual) approved. Vending machines, carts prohibited. Vending machines, carts, or objects for the sale of goods are prohibited and unlawful in a sidewalk caf& Service and use. All services provided to patrons of a sidewalk caf6 and all patron activity (i.e., sitting, dining, waiting, etc.) shall occur within the designated sidewalk caf6 area, and shall not impinge or encroach upon the required clear distance for pedestrian passage at any time. Supervision of the sidewalk caf6 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 sidewalk caf6 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 7/25/05 Page 4 of 6 7/25/05 purchase may be required for admittance to a sidewalk cafe area in the public right-of-way. Insurance required. Each permittee shall furnish to the City a certificate of insurance evidencing commercial general liability, public liability, food products liability, and property damage insurance from all claims and damages to property or bodily injury, including death, which may arise from operations under the permit or in connection therewith. 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. 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 sidewalk cafe; 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 sidewalk cafe. If alcoholic beverages will be served at a sidewalk cafe, the permittee shall provide proof of liquor liability insurance for the sidewalk cafe, with limits of not less than $1,000,000 in such type as shall be acceptable to the City. 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 sidewalk caf6 permit. 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 carded on under the terms of the permit. Acceptance of the permit shall act as acceptance of this condition and requirement. Procedures. All sidewalk caf6 elements shall be subject to review and approval by the Development Review Team which shall make a recommendation to the Administrative Official to approve, approve with conditions or deny the application for a sidewalk caf6 permit. If located in a historic district, the sidewalk caf6 elements shall also obtain a Certificate of Appropriateness. In reviewing sidewalk caf6 elements, the Development Review Team shall consider their character and appropriateness of design including, but not limited Page 5 of 6 to, scale, texture, materials, color and the relation of the sidewalk caf6 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. 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 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 sidewalk caf6 is to be located. b. The applicant has supplied all of the information required on or by the application, and any additional information requested by the Administrative Official. c. All of the requirements of this Section have been met. The Administrative Official may impose conditions upon the issuance of a sidewalk caf6 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. Sidewalk caf6 permits shall be subject to review, approval and renewal annually. Fees shall be established by resolution of the City Commission. 7/25/05 Page 6 of 6