O01-16ORDINANCE NO. O 1-//~
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA
AMENDING LAND DEVELOPMENT REGULATIONS
AS FOLLOWS: CHAPTER 2 ZONING, SECTION 6.
COMMERCIAL DISTRICT REGULATIONS AND USE
PROVISIONS; CREATING A NEW SECTION 17
ENTITLED "SIDEWALK CAFES"; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND
AN EFFECTIVE DATE.
WHEREAS, Sidewalk cafes are one of the major supporting factors in the
success of many downtowns of surrounding communities, contributing to life,
entertainment and a special ambiance along the streetscape and creating true urban public
spaces; and;
WHEREAS, the adoption of this Ordinance allows for sidewalk seating to be an
accessory use to existing restaurants and nightclubs, provided the applicant meets
,ermitting requirements; and
NOW THEREFORE, BE IT ORDAINED BY TI~E CITY COMMISSION
)F THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing whereas clauses are tree and correct and are now
:atified and confirmed by the City Commission.
Section 2. That Chapter 2 Zoning, Section 6. Commercial district regulations
md use provisions, Subsection B. is hereby amended by adding the words and figures in
underlined type, as follows:
B. C-2 NEIGHBORHOOD COMMERCIAL DISTRICT. These district
regulations will provide...
1. Uses permitted. Within any C-2 neighborhood commercial zoning
Jistrict ....
kk. Restaurants, including serving of alcoholic beverages only in
connection with the serving of meals. Sidewalk cafes, as an accessory use to a
duly licensed restaurant within the Community Redevelopment Area (CRA).
Section 3. That Chapter 2. Zoning, Section 6. Commercial district
regulations and use provisions, Subsection C. is hereby amended by adding the
words and figures in underlined type, as follows:
C. C~3 COMMUNITY COMMERCIAL DISTRICT. These district
regulations are to encourage the development of appropriate intensive retail
commercial facilities...
d. Bars, cocktail lounges, subject to the provision of Chapter 3 of the
City of Boynton Beach Code of Ordinances. Such uses shall be a conditional
use (*) if located within six hundred (600) feet of property lying within a
residential zoning district as measured by direct distance between property lines.
Sidewalk cafes, as an accessory use to a duly licensed restaurant or a nightclub
within the Community Redevelopment Area (CRA).
Section 4. That Chapter 2. Zoning, Section 6. Commercial district
regulations and use provisions, is hereby amended by creating a new subsection
17. entitled "Sidewalk Cafes" as follows:
·
Sec. 17. Sidewalk caf6.
A. DEFINITIONS
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except when the context clearly indicates a
different meaning.
Permittee shall mean the lawful holder of a sidewalk caf~ permit obtained pursuant to the
terms and provisions of this article.
~ight-of-wa¥ shall mean land in which the state, the Florida Department of
Transportation, Palm Beach County or the City of Bo,rotan Beach owns or has an
agreement devoted to or required for use as a transportation facility or street.
Sidewalk shall mean that portion of the fight-of-way which is located between the
curbline or the lateral line of a street and adjacent property line and which is intended for
use by pedestrians.
Sidewalk card shall mean the placing, locating, or permitting of the placing and locating
of chairs and tables within the sidewalk area adjacent to business licensed to operate as a
restaurant or a nightclub as defined in the code.
Street means that portion of a right-of-way improved, designed or ordinarily used for
vehicular traffic or parldng.
B. PERMIT REQUIRED. It shall be unlawful for any person to operate a sidewalk caf~
abutting any sidewalk or public right-of-way within the city without obtaining a permit as
required by this article. Sidewalk cafes shall be located only where permissible as
~rescribed herein. No person shall establish a sidewalk caf6 abutting any sidewalk unless
uch person has obtained a valid permit for a sidewalk caf6 pursuant to this article.
Thirty (30) days from the effective date of this article, any person or entity
,perating a sidewalk caf6 without a permit or an,/property owner allowing the operation
>f a sidewalk caf6 without a permit upon his/her/its property shall be subiect to penalties
~s provided in this article.
GEOGRAPHIC LIMITATION. Sidewalk caf6s shall be limited to the boundaries of
Community Redevelopment Area zoning districts which allow restaurants or nightclubs,
subject to any limitations or restrictions of the particular zoning district
C. PERMIT FEE.
1. The annual permit fee for establishing or maintaining a sidewalk caf~ shall
be $3.75 per seat with a minimum charge of $93.00.
2. The permit fee shall be paid on or before October 1st and shall cover the
time period fi:om October 1st through September 30th of the following calendar year;
~rovided, however, that for the 2001-2002 year, the fee shall be due and payable on or
)riur to operation and prorated for the year. No permit shall be issued for any fractional
>ortion of the year; provided, however, that any person or entity operating a sidewalk cafe.
bra period beginning after April st .....
1 , may obtam a permit for the remammg portion of the
fiscal year upon payment of one-half of the permit fee required by this article. No retired
of fees shall be allowed.
3. The permit fees collected pursuant to this section from sidewalk cafes
located in the City of Boynton Beach shall be placed in the general revenue fund.
D. PERMIT APPLICATION
1. Application for a permit to operate a sidewalk caf~ shall be made at the
Department of Development office of Occupational Licenses. Such application shall
include:
a. Name, address and telephone number of the applicant
b. Name and address of restaurant/nightclub
A copy of a valid City of Boynton Beach occupational license to operate a
restaurant or a nightclub adiacent to the sidewalk which is the subject of
the application.
In the case of a new or newly renovated facility, a copy of a valid
certificate of completion for the building frontage adiacent to the sidewalk
which is the subiect of the application.
e. Evidence of insurance containing terms required under section F of thi~q
article.
A drawing to scale showing the layout and dimensions of the existing
sidewalk area and adiacent private property, proposed location, size and
number of tables, chairs, steps, trees, parking meters, bus shelters,
sidewalk benches, trash receptacles, and any other sidewalk obstruction
either existing or proposed within the pedestrian area
g. Photographs, drawings or manufacturer's brochures fully describing the
appearance of all proposed tables, chairs, umbrellas or other obiects related to the
sidewalk caf&
h. Written approval by the building owner as to the proposed use of the
sidewalk and building frontage for a sidewalk caf6.
i. A nourefimdable application fee of forty dollars ($40.00).
2. Applications shall be reviewed for compliance with city ordinances and
nust be approved by the CRA Board. Final approval shall be from the City Commission.
E. REQUIREMENTS OF A SIDEWALK CAFI~ PERMIT.
1. Sidewalk cafes shall be restricted to the private sidewalk frontage of the
licensed restaurant or nightclub to which the permit is issued or within the private
sidewalk frontage of the building where the validly licensed restaurant or nightclub are
located.
2. Tables or chairs shall be located a mlnlmllm of five (5) feet from a
~edestr/an crosswalk or handicap ramp, bus stop shelter, bus stop sign, taxi stand, stop
sign or fire-hydrant.
3. A clear pathway, parallel with the street, with a minimum width of four (4)
feet, shall be maintained for through pedestrian traffic. This requirement must be
:ousistent with the Landscape Code.
4. In areas of congested pedestrian activity, the City Commission is
~uthorized to require a wider pedestrian path, as circumstances dictate.
5. Temporary obiects, including landscaping, shall be permitted around the
perimeter of an area occupied by tables and chairs in accordance with all other
requirements of this section.
6. Tables, chairs, umbrellas, canopies, awning.q, and any other objects
utilized as part of the sidewalk caf6 shall be of quality desitin, materbl*~ size, elevation
and workmanskip both to ensure the safety and convenience of users, and to enhance the
visual quality of the urban environment. Design, materials and colors ahall be approved
by the CRA Board and City Commission prior to the issuance of the sidewalk cafe.
7. Awnings, umbrellas and other decorative material shall be fire-retarclant.
pressure treated or manufactured or fire resistant material. Signs on awning*, umbrellas,
I Ichairs, tables and any other fixture which are placed on the public rig/at-of-way ahall be
limited to the name of the principal use. Lettering may not exceed four (4) inches in
height.
8. All tables, chairs, umbrellas, canopies, awnings, and any other objects as
Dart of the sidewalk caf6 shall meet the following minimum design standards:
a. Contribute to the aesthetic appearance of the area where the sidewalk caf6 is
proposed by promoting the design and color thcnne applicable to that area;
b. Contribute to the efforts of community identity and redevelopment;
c. Not constitute or create traffic or pedestrian hazards; and
d. Respect Community standards relative to decency and obscenity.
9. Prior to forwarding the application to the CRA Board, the CRA Director
~r designee shall certify that there are no outstanding fines, moneys, fees, taxes or other
charges owed to the City by the current or past owners or operators of the property
requesting a sidewalk caf6 permit. A sidewalk caf6 permit will not be issued until all
outstanding debts to the City are paid in full.
10. One (1) menu board only shall be permitted and limited to maximum of
four (4) square feet. The menu board location shall be shown on the permit. The menn
board shall not be a sandwich sign.
11. Any food service establishment that qualifies m~der the conditions of thin
article may redesign the face of their establishment to allow for doors or panels that
permit the establishment to have totally open sides allowing for an indoor/outdoor "caf6"
design. These changes in the building can only be made after a proper building permit is
issued, said changes otherwise comply with the "Code of Ordinances of the City of
Boynton Beach", and all appropriate fees paid.
F. LIABILITY AND INSURANCE.
1. The permittee agrees to indemnify, defend, save and hold harmless the
city, its officers and employees from any and all claim~, liability, lawsuits, damages and
:auses of action which may arise out of this permit, or the permittee's activity on the
premises by executing a written hold harmless agreement.
2. The permittee agrees to meet and maintain for the entire permit period, at
his/her own expense, the following requirements:
Commercial general liability insurance in the amount of one million dollars
($1,000,000.00) per occurrence for bodily iniury and property damage. The
city must be named as an additional insured on this policy, and an
endorsement must be issued as part of the policy reflecting this requirement.
b. Worker's compensation and c~nployer's liability as required by the State of
Florida.
All policies must be issued by companies authorized to do business in the
State of Florida and rated B+: VI or better per Best's Key Rating Guide, latest
edition.
d. The city must receive thirty (30) days written notice prior to any cancellation,
nonrenewal or material change in the coverage provided.
The permittee must include in the application an original certificate of
insurance as evidence that the above requirements have been met. Failure to
maintain these requirements shall iusti~ a suspension or revocation of a
sidewalk caf6 permit by the city manager.
3. The permit period shall run and insurance requirements as described in
subsection (b) above shall be effective from October 1st until September 30th of the
following calendar year.
o. SDEWALK CAFE PERMITS.
1. Each permit shall be effective for one (1) year from October 1st until
geptember 30th, subiect to annual renewal.
2. The permit may be temporarily suspended by the City, when necessary to
:lear sidewalk areas for a "community or special event" authorized by a permit issued by
the Leisure Services department.
3. The City may require the temporary removal of sidewalk cafes when
street, sidewalk, or utility repairs necessitate such action.
4. The City and/or an authorized police officer of the City may cause the
immediate removal or relocation of all or parts of the sidewalk caf6 in emergency
situations.
5. The City and its officers and employees ~qhall not be responsible for
sidewalk caf6 components relocated during c~nergencies.
6. The permit shall be specifically limited to the area shown on the "exhibit"
attached to and made a part of the permit. The City ~bal! have the right to remove
without notice, any tables, chairs or other objects not in the permit area.
7. The permittee shall act to assure that its use of the sidewalk in no way
interferes with sidewalk users or limits their free unobstructed passage. The City may
require relocation of tables, chairs and other obiects at any time for safety or pedestrian
flow consideration.
8. The sidewalk caf6 shall be open for use by the general public, although
such use may be restricted by the permittee to the patrons of the permittee.
9. Permittees holding an occupational license or certificate of use limited to
take-out food shall not be permitted to provide table service on the sidewalk. This
provision shall not inchide an ice cream shop or coffee bar wlfich is duly licensed for eat-
in service:
10. Tables, chairs, umbrellas, and any other objects permitted as part of a
sidewalk caf6 shall be maintained with a clean and attractive appearance and shall be in
good repair at all times.
11. The sidewalk area covered by the permit and sidewalk and roadway
immediately adjacent to it shall be maintained in a neat and orderly appearance at all
times, and the area shall be cleared of all debris as needed during the day, and again at the
close of each business day.
12. No sing other than those permitted herein, shall be permitted in the public
right-of-way.
13. No tables, chairs or any other parts of sidewalk cafes shall be altaehed,
chained, or in any manner affixed to any tree, post, sign or other fixture, curb or sidewalk
within or near the permitted area. No additional outdoor seating authorized herein ~qhall
be used for calculating seating requirements pertaining to location of, applications for, or
issuance of liquor license for any establishment use area and/or seating capacity realized
through the sidewalk caf~ use and contiguous outdoor dining shall not invoke provisions
of the zoning code as they pertain to parking or other matters, with the exception of
capital facilities fees which will be assessed per seating.
14. The area between the exterior walls of a restaurant or a nightclub and the
edge of sidewalk shall be designated as public space. The placement of tables and chairs
in this public space shall not constitute a building improvement which otherwise triggers
structural improvements to the operating business under the provisions of the Southern
Building Code or any state statute. In the event an operator ora restaurant or a night chth
creates a sidewalk caf6 pursuant to the terms of this section and such creation entail~
actual structural improvements to any portion of the structure other than the permanently
obstructs ingress or egress to the restaurant or nightclub then, in that event, all applicable
provisions of the Southern Building Code or state statutes necessitating improvements to
the property shall apply.
15. No food preparation fire, or fire apparatus, ~hall be allowed on the public
sidewalk, other than that employed in the course of ordinary tableside service, including
but not limited to menu items which require table preparation, whether or not such area is
2overed by this permit.
16. Upon the issuance of a "Hurricane Warning" or "Hurricane Watch" by ~he
authorities, the permittee shall forthwith remove and place indoors all tables, chairs,
awnings and other equipment located on the sidewalk.
APPROVAL, DENIAL, REVOCATION OR SUSPENSION OF PERMIT;
REMOVAL AND STORAGE FEES; EMERGENCIES.
1. Sidewalk caf~ applications shall be reviewed with standards enumerated in
this article.
2. The approval of a sidewalk caf6 permit is conditional at all times. A
sidewalk caf~ permit can be denied, revoked or suspended if:
a. Any necessary business or health permit has been suspended, revoked or
cancelled.
b. Any current violation of the City Code, County Code or State Law on the
premises has been found.
c. The permittee exceeds the approved square footage by placing any additional
tables, chairs, etc., beyond the approved area.
d. Changing conditions of pedestrian or vehicular traffic causes congestion
necessitating removal of the sidewalk caf& Such decisions shall be based
upon fmd/n~s of the City CRA director that the minimum four-foot pedestrian
path is insufficient under existing circumstances and represcmts a danger to the
health, safety or general welfare of pedestrians or vehicular traffic.
The permittee has failed to correct any violations of this article or conditions
of the permit within twenty-four (24) hours of receipt of the City notice of
same delivered in writing to the pormittee.
In the event the permittee fails to remove an,/tables, chairs, and other objects
related to the sidewalk caf~ within twenty-four (24) hours of receipt of the
City notice of denial, revocation or suspensions, the City may remove said
obiects. The permittee shall be responsible for the expenses incurred by the
City for the removal and storage of said objects.
2. Upon approval or denial of the permit, the City shall give written notice of
~uch action to the permitee.
3. Approval or denial of permit by CRA shall be placed on the next City
Commission consent agenda for review.
4. Revocation or suspension shall be placed on the next CRA agenda and its
:lecision placed on the next City Commission consent agenda for review.
5. If the CRA director believes that a permittee has engaged or is engaged in
conduct warranting the suspension or revocation of the permit, he shall serve the
~ermittee by certified mail or hand delivery, at the business address as disclosed in the
application for the permit, a written notice of ordinance violation which affords
reasonable notice of facts or conduct which warrant the intended action, and a reasonable
time for the permittee to cure the violation. The complaint ahall state what is required to
be done to eliminate the violation, if any. The permittee ~hall be given adequate
oppommity to request a review as provided herein, unless the city manager find~ that all
emergency condition exists involving serious danger to the public health, safety and
welfare, in wh/ch case advance notice and heating shall not be required. In the case of an
emergency suspension or revocation, the licensee shall immediately be advised of the city
manager's action. In the event the pmraittee does not cure the violation within the
reasonable time designated by the city manager, the case ~qhall be placed on the CRA
Board Agenda. Final decision of the CRA Board shall be placed on next City
Commission Agenda for review. In emergency suspension or revocation a review as
~rovided herein shall follow as soon as practicable.
6. Appellate provisions: any aggrieved party may appeal a final decision of
he City Commission under this chapter by writ of certiorari as provided in the Land
Development Regulations, Chapt~ 1, Article 7, Section 4.
[. PENALT1F, S.
The following civil frees shall be imposed for violators of this article:
First citation. $100.00
Second citation (within a 1-year period) .............................. 250.00
Third citation (within a 1-year period) ................................. 500.00
· RECOVERY OF UNPAID FINES; UNPAID F1NES TO CONSTITUTE LIEN;
FORECLOSURE.
1. The Code Compliance Board shall have the power and jurisdiction to hold
hearing for recovery of unpaid fees under this chapter as mandated under Article 5 of
Chapter 2 of the Code. The Board at its option may impose liens as provided in Article 5
of Chapter 2.
2. The City of Bo~mton Beach may institute proceedings in a court of competent
urisdiction to compel pa~uent of civil fines.
[<2. APPLICATION. In the event of any conflict between the provisions of this chapter
md any other sections of the Code, the provisions of this chapter shall prevail.
Section 5. Each and every other provision of the Land Development
~egulations not herein specifically amended, shall remain in full force and effect as
)riginally adopted.
Section 6. All laws and ordinances applying to the City of Boynton Beach in
:onflict with any provisions of this ordinance are hereby repealed.
Section 7. Should any section or provision of this Ordinance or any portion
thereof be declared by a court of competent jurisdiction to be invalid, such decision slmll
not affect the remainder oftlfis Ordinance.
Section 8, Authority is hereby given to codify this Ordinance.
Section 9. This Ordinance shall become effective immediately.
FIRST READING this ~ day of March, 2001.
SECOND, FINAL READING AND PASSAGE this ~,~ day of
ATTEST:
issioner
Commissioner
6 - Sidewalk Cafes