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I ORDINANCE NO. 11- 02.'
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4 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
5 BOYNTON BEACH, FLORIDA AMENDING THE LAND
6 DEVELOPMENT REGULATIONS BY AMENDING CHAPTER 3,
-r ARTICLE V, SECTION 9, SIDEWALK CAFES TO CLARIFY
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8 RESTRICTIONS ON LOCATION OF CHAIRS, TABLES, AND
9 OTHER CAFE COMPONENTS; TO ALLOW FOR PEDESTRIAN
10 PATHWAYS; TO ALLOW FOR SIGNAGE; PROVIDING FOR
I ] CONFLICTS, SEVERABILITY, CODIFICA TION AND AN
12 E~'FECTIVE DATE.
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IS WHEREAS. staff is proposing a series of amendments to the existing Sidewalk Cafe
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Id regulations of the Land Development Regulations (LDR) to provide greater encouragement
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d for businesses to provide outdoor dining and to maximize compliance with City standards
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I~ including location, perimeter, signage and licensing changes; and
I~ WHEREAS. the City Commission of the City of Boynton Beach deems it to be in
2 the best interest of the citizens and residents of the City to amend the sidewalk Cafe
2 regulations of the Land Development Regulations to provide greater encouragement for
2 businesses to provide outdoor dining and to maximize compliance with City standards
2j including location. perimeter. signagc and licensing changes.
24 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
2j THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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:1 Section 1. The foregoing whereas clauses are true and correct and are now ratified
and confirmed by the City Commission.
Section 2. Chapter 3. Article V. Section 9. Sidewalk Cafes of the Land
2~ i Development Regulations. is hereby amended by adding the words and figures in underlined
3 type and deleting language in strikeout. as tallows:
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3 Sec. 9. Sidewalk Cafes.
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5 A. Definitions. See Chapter 1, 6nicle 11 for the detinition pertaining to sidewalk cafes.
B. Approval Required It shall be unlawful tor any person to operate a sidewalk cafe
on any sidewalk or public right-or-way within the city without obtaining approval in
accordance with Chapter 2, Article JJ. Section 6.E.
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I C. Applicability. A sidewalk cafe may be allowed, subject to review and approval as
1 outlined herein, on an abutting public sidewalk (right-of-way) and as an accessory use to a
I legally operating restaurant or nightclub establishment, provided that such establishment is
I located within the boundaries of the Community Redevelopment Agency (CRA) area. A
I sidewalk cafe shall be subject to any additional limitations or restrictions of the zoning
I district for which it is located. A sidewalk cafe is prohibited outside the boundaries of the
I CRA.
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1 D. Regulations.
2 1. Private Sidewalk. Chairs, tables and related sidewalk cafe components Sidevt'-alk
2 eafes shall be restricted to the sidewalk frontage of the building where the validly licensed
2 restaurant or nightclub is located, unless written authorization is provided by the owner of I
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2 the adiacent property and submitted with the application for sidewalk cafe approval. i
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2 2. Accessibility. Tables or chairs shall be located a minimum of five (5) feet from a
2 pedestrian crosswalk or handicap ramp, bus stop shelter. bus stop sign, taxi stand, stop sign
2 or fire-hydrant.
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2 a. A clear pathway. parallel with the street, with a minimum width of four (4)
3 feet, shall be maintained for through pedestrian traffic. However, a minimum width of five
3 (5) feet shall be maintained between the seats where the pedestrian path bisects the proposed
3 seating arrangement.
3 b. In areas of congested pedestrian activity, the city may require a wider
3 pedestrian path, as circumstances dictate.
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3 3. Perimeter. No objects shall be permitted around the perimeter of a sidewalk area
3 occupied by tables and chairs that would ha','e the etfect of forming a physical or ','isual
3 barrier discoursing the use of the pedestrian path of the sidewalk unless placed in a manner
3 so as not to discourage the use of the pedestrian path of the sidewalk.
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4. Safety. Tables. chairs. umbrellas, canopies, awnings, and any other objects
4 utilized as part of the sidewalk cafe shaJl be of quality design, materials, size, elevation, and
4 workmanship, both to ensure the safety and convenience of users.
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Awnings, umbrellas, and other decorative material shall be fire-retardant, pressure treated
2 or manufactured, or fire resistant material. The city may require relocation of tables, chairs,
-, and other objects at any time for safety or pedestrian flow consideration.
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,- 5. Design. All tables, chairs, umbrellas, canopies, awnings, and any other objects as
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6 part of the sidewalk cafe shaJl meet the following minimum design standards:
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8 a. Contribute to the aesthetic appearance of the area where the sidewalk cafe is
~ proposed by promoting the design and color theme applicable to that area;
10 b. Contribute to the eftorts of community identity and redevelopment;
I j c. Not constitute or create traffic or pedestrian hazards; and
1 d. Respect community standards relative to decency and obscenity.
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I 6. Outstanding Debt. Prior to torwarding the application to the CRA Board, the
I CRA Director or designee shall certity that there are no outstanding fines, moneys, fees,
I taxes or other charges owed to the city by the current or past owners or operators of the
1 property requesting a sidewalk cafe approval. final approval of a sidewalk cafe shall not
1 commence until all outstanding debts to the city are paid in full.
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2 7. Menu Board. One (1) menu board only shall be permitted and limited to a
2 maximum of four (1) square feet. The proposed location of the menu sign shall be
2 considered a part of the revievl for a sidewalk cafe application. The menu board shall not be
2 an f. Frame sign. The proposed location and design of the menu sign shall be considered a
2 part of the review for a sidewalk cafe application, and be subiect to any applicable standards
2 of the Sign Code.
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2 8. . Conditions for all Approvals. The following conditions shall apply to all
2 sidewalk cafes:
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3 a. The city and its officers and employees shall not be responsible for sidewalk
3 cafe components relocated during emergencies.
3 b. The approval shall be specifically limited to the area shown on the "exhibit"
3 attached to and made a part of the permit. The city shall have the right to remove without
3 notice, any tables, chairs or other objects not in the permit area.
3 c. ,The operator shall act to assure that its use of the sidewalk in no way
3 interferes with sidewalk users or limits their free unobstructed passage. The city may require
3 relocation of tables, chairs and other objects at any time for safety or pedestrian flow
3 consideration.
3 d. Operators holding a business tax receipt limited to take-out food shall not be
4 permitted to provide table service on the sidewalk. This provision shall not include an ice
4 cream shop or coffee bar which is duly licensed for eat-in service.
4 e. Tables, chairs. umbrellas. and any other objects permitted as part of a
4 sidewalk cafe shall be maintained with a clean and attractive appearance and shall be in good
4 repair at all times.
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1 f. The sidewalk area covered by the application and sidewalk and roadway
2 immediately adjacent to it shall be maintained in a neat and orderly appearance at all times,
3 and the area shall be cleared or all debris as needed during the day, and again at the close of
4 each business day.
5 g. Unless otherwise provided herein, no signs associated with the sidewalk cafe
6 shall be allowed within the public right-of-way.
7 h. No tables, chairs or any other parts of sidewalk cafes shall be attached,
8 chained, or in any manner affixed to any tree, post, sign or other fixture, curb or sidewalk
9 within or near the permitted area. No additional outdoor seating authorized herein shall be
lq i used for calculating seating requirements pertaining to location of, applications for, or
d issuance of liquor license for any establishment use area and/or seating capaeity realized
~~ through the side'vvalk cafe use and contiguous outdoor dining shall not invoke provisions of
the zoning code as they pertuin to purking or other matters, with the exception of capital
facilities fees \vhich \-vill be assessed per seating.
\. 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 I
this public space shall not constitute a building improvement which otherwise triggers !
structural improvements to the operating business under the provisions of the Florida
Building Code (FBC) or any state statute. In the event an operator of a restaurant or a
nightclub creates a sidewalk cafe pursuant to the terms of this section and such creation
entails actual structural improvements to any portion of the structure other than the
permanently obstructed ingress or egress to the restaurant or nightclub then, in that event, all
applicable provisions of the FBC or state statutes necessitating improvements to the property
shall apply.
J. No food preparation; tire; tire apparatus; or drink preparation or dispensing
equipment sh~ll 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 covered by the approval.
k. Upon the issuance of a "Hurricane Warning" or "Hurricane Watch" by the
authorities, the operator shall torthwith remove and place indoors all tables, chairs, awnings
and other equipment located on the sidewalk.
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3 Section 3. Should any section or provision of this Ordinance or any portion
3 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
3 affect the remainder of this Ordinance.
3 Section 4. Authority is hereby given to codify this Ordinance.
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3 Section 5. This Ordinance shall become effective immediately.
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FIRST READING thisufe:, day ofS~eN\beL 2011.
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1 SECOND, FINAL READING AND PASSAGE this aQ _ day of St!fT. , 2011.
2 CITY OF BOYNTON BEACH, FLORIDA
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I ATTEST:
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2 Jan t M. Prainito, MMC
2 lty Clerk
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