Sidewalk Cafe Ordinance - City of Tampa

iii.iv.every parcel of land within a distance of onehundred fifty (150) feet, excluding roads or streets,in all directions from the proposed sidewalk cafewhich is the subject of the application. This noticeshall be mailed to such owner at his usual postoffice address, by certificate of mailing. ed+w&The applicant shallprepare an affidavit showing: @i. the lands that liewithin one hundred fifty (150) feet, excluding roadsand streets, in all directions from the subjectproperty; mii. the names of the owners of suchlands, Niii. the date and post office address towhich each copy of the notice was mailed. Theapplicant shall attach to the affidavit cxps-ef the-certificate .. .ce;?W - ofmail@ showing the date the notices were mailedand a photograph of the sign as posted on theproperty. The affidavitsf ekecc:? %kci-~tttil-and aphotograph of the sign as posted on the propertyshall be filed with the city clerk not less than five(5) days prior to the date of the public hearing. IThe official shall provide a sign to be posted by theapplicant in a conspicuous place on and near thefront of the property where the proposed sidewalkcafee is to be located, fifteen (15) days prior to the Ischeduled public hearing. The sign, which may becardboard, metal or other substance, shall be of asize of not less than eighteen (1 8) inches by twentyfour(24) inches upon which shall appear thefollowing information:IPublic Notice--Sidewalk Cafge Hearing Before City ICouncil, City of Tampa, City Council Chambers,City Hall (insert date and hour of hearing).The applicant shall pay a fee, as established by thecity council, at the time of filing. No fees shall berefunded unless the sidewalk cafie application has Ibeen unnecessarily filed due to administrative errorand without the applicant's fault. In such cases thecity council, by a majority vote, may authorize thedirector of finance to refund the fee.v. If the notices of the time and date of the public-hearingare notmailed to property owners as required herein, or the

equide sign is no1 pwkd on and near the ti-ont ofthe property as required herein,vi.with the u q 3 w + & 4 wand aphotograph of the sign as posted on the property, isnot filed with the city clerk as rcquircd hcrcin at4J2&+k+%-&y+Fwtk&e-'.'* then public hearincr shall becontinued for no less than rour (4) weeks and theapplicant shall be required to amend &hisapplication as provided herein. 7'herc shall only beonc continuance permitted for failurc to meet therecluirements herein, accordingly. in the ewteeeventof a second violation the petition shall be deemed1% ithdrawn and the petitioner mill be required to filetlic pt'tition ancu.Amended application. An application may beamended to correct an error or omission. If thisamendment requires re_advertisement of the notice Iof public hearing, the applicant shall pay anamendment fee, as established by resolution of thecity council, to cover the cost and expenses as aresult of the amendment at the time the amendmentis filed.4. After completion of the public hearing, the city councilshall approve, approve with conditions or deny thesidewalk cafrjt! application.5. The official shall cause notice of the disposition of theapplication to be sent to the applicant. The official, in thecase of approval or approval with conditions, shall issue apermit in accord with the council's actions upon submissionby the applicant of the items listed in section 22-225 of thisCode.(3) Reapplication. Any current holder of a sidewalk caf& permit shall reapplyfor a new permit, subicct to thc applicable conditions abovc,if changes areproposed to the permitted sidewalk cafe.Section 4. That Sec. 22-225. Permit Issuance, is hereby amended as follows.The change in insurance coverage limits made effective herein shall be applicable to allpermits and renewals issued subsequent to enactment of this ordinance.ISec. 22-225. Permit issuance.

(a) Prior to the issuance of a permit, the applicant shall furnish the officialwith the following:A copy of a valid City of Tampa occupational license tax receipt asrequired by this Code;Copies of all required health department permits to operate a sidewalkcafe;A properly executed certificate of insurance on forms which are to befurnished by the city providing commercia~eneraliability insurance inthe amount of one million " i..Pdodars ($5~00,000.00)combined single limit each occurrence. All insurance shall be fromcompanies duly authorized to do business in the State of Florida. Allliability policies shall provide that the city is an additional insured as tothe operation of the sidewalk cafe and shall provide the severability ofinterest provision. Thirty (30) days' written notice must be given the cityof any cancellation or reduction in the policy coverages;A fully executed sidewalk cafe lease, which includes a hold harmlessprovision holding the city harmless from any and all liability arising out ofthe issuance of a sidewalk cafe permit and/or execution of a sidewalk cafelease.The sidewalk cafe permit fee.Upon approval of an application and submission of the aforesaid items, theofficial shall issue a sidewalk cafe permit.Section 5.follows:That Sec. 22-226. Conditions of Permit, is hereby amended asThe permit shall be issued on the form provided by the official. In addition tonaming the permittee and any other information deemed appropriate by the official, thepermit shall be subeject to the following conditions:(1) Permit Period: Each permit shall be effective for one (1) year subject toannual renewal;/2) f'cwnitkc. AJon-transferability: The permit tswAshall be issued pewtwlto the applicant restaurant (the '*permittee2 + and shall not betransferable in any manner;/3) Removal for Right of Wav Development or Maintenance: The official mayrequire the removal, temporary or permanent, of the sidewalk caf& whenredevelopment of the street or sidewalk, or utility repairs necessitates suchaction, or the permittee fails to comply with the criteria set forth in thissubdivision;

declaration of a state of enlergenu. upon the issuance of a tropical stormor hurricane warnin@ or warning of severe inclement \,eather by thecounty, thc pcrniittcc shall forthwith place indoors all tablcs. chairs andothcr cquipmcnt locatccl 011 tlic public rieht of wn!.. 'l'hc issuancc of such awarning shall constitute an clnergenc! situation, lhereforc. violation ofthis subsection may&& rcsuh in a fine not to exceed-$SOO.OO--fifte.The city's officers and employees niavimmediately remove all or parts of the sidewalk cafe in an emergencysituation. An, and all costs incurrccl bv tlic city fix rcmoval or storagc ofside~alh cafe tables. chairs and other equipment -shallbe theresponsibility of the permittee. In the event the city removes sidewalkcafe tables, chairs and other equipment pursuant to this ordinance, the cityshall provide each applicable permittee written notice of removal, noticeof costs assessed or a fine, and thirty (30) days to recover all sidewalk cafetables. chairs and other equipment removed pursuant to this subsection.The cGtv is not responhible for any damaces or loss of equipmentremoved pursuant to this subsection.>... . ,H+- -. . tep--fctr-r - .. ?'he- peFm*--fkifCI be teym+bh, >>mr... .. . ., -~f";r""""""""specifically limited to the area shown on the exhibit attached to and madepart of the permit;(68) P~>rn~lr ,S'~o[)e: The permit covers only the public right-of-way. Tables,chairs and other equipment &&&-will be governed by other applicableregulations.Section 6. That Sec. 22-227. Operational ,wGlli&lines is herebyamended as follows:(a)Location requirements.1 ) (+The width of the sidewalk caf& is restricted to;I. -the siden alk frontage of the propert? subject of the permit&...8..,+How\.er. thearca of tlic permit mnv also cxtcnd b!. a nla~imum of 50 feet onone side andlor the other of the permittee's business. subiect to!he provi~ions ofs~ibseclio~~ (ii) oftliis scction...11. An applicanl for a sidebiallh cafi permil mav be permitted toextend by a maximum of fifty (50) conti~uous feet in the publicright-of-wn, on one side andlor tlie othcr side of the applicant's

propert\ so lonz as the applicanls property ahuts the public ri~htof \jay. In order for the subiect area of the permit to extend to apublic right of'uav in front of' an adiaccnt owner's propcrtv, thcapplicant must obtain \krittcn pcrmission for uscof such areafrom the adjacent propertv o\vner(s) for a minimum period ofone (I ) \'car. Such permis4on shall at all times take intoconsideration applicable fecleral. state and local accessibilitv and,afi.ty requirements. 'I'hc revocation or suspension of suchpcr~nission shall not operate to crrant the permittee a rcfulid of theannual permit fee or an) other Tees paid to the city for operationof a sidecvalk cal'i. The part\ revoliiny or susprndin~ suchpermission shall have a continuing dut) to inform the cit!. in\vritino. of thc revocation: i~pon receipt of said notice the arca ofthc pcmiit shall he automatically constricted to cxcludc tlic arcasubiect of the revocalion. In the e~ent the 50 Toot allowable areaincludes co~~sent from more than one adjacent owner. and therevocation by one o\vner nil1 result in breaking the contiguousquality of thc sidewalk cafc area extending from a particular sideof thc permittee's property, then that cntirc sick of'tlic sidcwalhcar6 shall constrict to the permittee's property boundarv.regardless or the continuing consent of the_ other properlvo\\ner(s) on the affected side or reinstatement of consent by the01 icrinal revoking partv.An adequate pedestrian right-of-way of no less than four (4) feet-shall bemaintained for each cafe and shall be reviewed by the traffic engineer ortheir designee to determine the appropriate width based on the existingand projected pedestrian demand. The pedestrian walkway shall be on theoutside of the sidewalk cafe and not through the middle of the cafe. Theoperational hours of the cafe shall be determined by the transportationmanager or hidher designee through the permitting process. The minimumdistance shall be measured from the portion of the sidewalk cafe boundarywhich is nearest either the curb line or the nearest obstruction. In no eventmay recesses in the sidewalk cafe boundary be used to satisfy thisunobstructed width requirement, except that the comers of the sidewalkcafe may be rounded or mitered. Sidewalk cafes shall maintain a clearanceof four (4) feet around the comers of the sidewalk cafes measured inradius. For the purpose of the minimum clear path, but not the clearancefrom corners of the sidewalk cafes, parking meters, traffic signs and treeswhich have grating flushed to grade without fences or guards shall notcount as obstructions.(3) 'I'hcbou~lclarv of a sSidewalk cafges shall at all times maintain a minimunl. .pedestrian path -four(4) feet from large obstructions. No- tables. or chairs. umbrellas or other fixtures shall be pemitted \sithin four(4) tket of a pedestrian crosswalk or corner curb cut For the purpose ofthis section, large obstructions shall be bus stops shelters, newsstands,I

existing planters or any other object greater than fifteen (1 5) square feet inarea.(4) (+-Access to fire hydrants, fire hose connections for sprinklersystems, and entrances and exits of all buildings shall not be obstructed atany time by barriers or seating. The twenty (20) feet fire lane shall not beobstructed at any time.{5) No obiect shall be permitted around the perimeter of an area occupied b?tables and chairs nhich ~vould have the effect of forming a ph\sical or\ isual barrier tliscouraping the free use of thc tablcs and chairs by tliezcncral public or nhich LLWII~ lime the effect of obstructinp theu-pedestrian path.Appropriate lighting of the sidewalk cafije is required;Use of landscaping and planters is permissible;All signage must be in compliance with this Code. . .- L.. .73 S -. . . i . , . e . n s areprohibited on un~brcllas. chairs, tables and other ~ennissiblc tisti~rcswhich are located on the public rkht oS wa\, except that the establishment. identified on the pcrmil andlor its loo shall be ifperniittecl on umbrellas.Use of removable barriers to define the sidewalk cafe@ are permissible;No heating, - cooking - or open flames are permitted in the sidewalkdecafk. Howejtr. space heaters are permitted provided that they are anoutdoor approvcd tvpe. are located in accordance with the manufacturer'sreco~nmcndation~. and arc located at lcast tlvo fcct from thc cdgc of anyu~nbrella canvas. an) fbliaze, or anv other llam~nable object or material;(6) No food preparation, plastic food displays, Pood storasre, or reli-irrerationapparatus sliall be alloued 011 tlie public right of \\a).(3)llmbrellas and other decorative material shall be tire-retardant, pressuretreatedor nmiufacti~red of tire-resistant niaterial. No portion of ani~liibrclla shall bc less than six feet eight inchcs (80 inchcs) above thesidcnnlk. An applicant wcking authoritv to build an awning over thesidenalk cafi area, escludinz that area ofrinht-of-wa) on one side and/orthe other side of the applicant's propertv. niay seek approvaladministratively in such manner as provi~led for in Sectio1~27-455(c) ofthis C'odc.(8) Sidewalk cafe€ seating shall be counted in determining the rcauire~~ientsfur parking and bathroom l'acilities ol' the restaurant subiect nP tlie permit.Section 7. That Section 27-455(g), Development Design Standards,

Encroachments, is hereby amended as follows:(g) Encroachments. Encroachments into the public right-of-way for awnings,awning signs or architectural features may be authorized administratively through. .the commercial site plan review p r o c e s s , x*provided . .the projectionscomply with the following criteria:Such features shall be at least eight (8) feet above grade and have amaximum projection into the right-of-way of six (6) feet. or. in the case ofsidcwalk cafes, a maximum proicction adcqt~iltc to cover thc area of thesidcwalk cafe.Building columns are prohibited from projecting into the right-of-way.In such manner as provided in the transportation technical manualauthorized by this code, a copy of which is on tile with the city clerk,&ncroachments shall leave street corners free of obstruction to allow forsafe traffic movement and proper placement of utilities.Proper lighting underneath anxings, annincr signs and architecturalf c a t ~ ~ r shall c s be ~ provided ~ and maintained by the propertyowner.A hold harmless agreement must be signed by the owner and submitted to,and approved by, the city attorney's office prior to issuance of buildingpermits.A separate encroachment application for awning signs will not be requiredprovided the projections comply with section 27-455(f)(3) and a hold harmless agreementis provided. Encroachments into the public right-of-way for awnings, awning signs orarchitectural features authorized prior to June 1, 2005 are exempt from the requirementsof this section.IISection 8. That should a court of competent jurisdiction declare any part ofthis ordinance invalid the remaining parts hereof shall not, in any way, be affected bysuch determination as to the invalid part.Section 9. That all ordinances or parts of ordinances in conflict herewith arehereby repealed to the extent of any conflict.

law.Section 10.That this Ordinance shall take effect immediately upon becoming aPASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITYOF TAMPA, FLORIDA, ON NOV 1 0 2005ATTEST:CITY COUNCIL:PREPARED AND APPROVED BY: APPROVED BY ME ON Pfov 1 0 2005EISlDocGendaROLAND0 J. SANTIAGO, ESQ.ASSISTANT CITY ATTORNEY