Sec. 22-224. - Establishment authorized to operate sidewalk and street cafes application criteria, review and approval procedures.
A restaurant, or retail shop (as defined in Chapter 27) that complies with the provisions of this subdivision is authorized to operate a sidewalk café and a street café. No restaurant or retail shop may obtain a permit for or operate a street cafeé without having also obtained a sidewalk café permit. Permits issued under this subdivision are valid for one (1) calendar year, commencing on July 1, with an automatic expiration date of June 30 of the following calendar year. Permits may be issued for a partial year, if the application is received subsequent to July 1; however, permits shall also automatically expire on the next June 30 after the permit is issued.
(1) General application criteria: Before operating a sidewalk or a street café, applications for a sidewalk and street café permits shall be made to the transportation manager or designee. Such application shall include, but not be limited to, the following information:
a. The name, address, phone number of applicant, and name of duly authorized representative;
b. Evidence of registration of a fictitious name or trade name, if any, under which the business applicant proposes to do business or is doing business;
c. Two (2) copies of a detailed, scaled site plan including, but not limited to, the following:
1. The proposed use, materials, colors and design;
2. Relationship of the sidewalk café to the adjacent existing building and their uses and entrance locations;
3. The location of any utilities that might effect or be affected by the proposal;
4. The relationship of the sidewalk café to the centerline of the adjacent street, if applicable, and to any existing or proposed public improvements, including, but not limited to, benches, fire hydrants, light standards and landscaping;
5. The total square footage and exact dimensions of the proposed sidewalk café;
6. The existing and proposed pedestrian circulation pattern;
7. Floor plan of the existing building and any proposed modification, showing the relationship of food preparation areas to the sidewalk café;
8. If alcoholic beverage sales are proposed, clear reference to adopted ordinance/special use permit/approval record and classification of alcoholic beverages to be sold must be included in the application and on the site plan.
(2) Additional requirements for street café application.
a. In addition to the requirements above, a street café application must also include a detailed, scaled site plan, signed and sealed by a professional engineer, depicting the following:
1. A street café platform, with a maximum width of six (6) feet for a parallel parking space, a minimum two (2) feet from the edge of the travel lane and a minimum of two (2) feet from the edge of the travel lane and a minimum of two (2) feet from the parking stall line, and must be located directly adjacent to the sidewalk café.
2. The design of the platform must accommodate the crown of the road and must have a flush transition at the sidewalk and curb, and must be Americans with Disabilities Act (ADA) compliant, including, but not limited to, slip resistant surface, minimum of thirty-six-inch accessible entry way, maximum cross slope of two (2) percent, and a maximum vertical gap between the platform and curb shall be one-fourth inch. The platform must have a railing, no higher than three (3) feet and capable of withstanding at least two hundred (200) pounds of horizontal force.
3. The platform shall not inhibit the adequate drainage of stormwater runoff. Small channels are required between the base and the platform to facilitate drainage along the curb line. The applicant must remove any debris from the street café platform that is impeding drainage along the curb line and gutter flow line.
b. The street café must be within a designated parallel or angled parking space directly adjacent to the sidewalk café. The street café cannot exceed two (2) parallel parking spaces or three (3) angled parking spaces, but in no event shall the street café exceed the frontage of the sidewalk café.
c. The street café must meet sight visibility requirements.
d. The street café must be visible at night and must include a reflective element in the design or two (2) vertical delineators located at each corner of platform, parallel to the roadway.
e. No street café shall be permitted or located on Florida Department of Transportation ("FDOT") right-of-way.
f. No more than one (1) street café permit may be issued per block, unless approved by the transportation manager or designee.
g. The applicant for the street café shall obtain a right-of-way permit prior to installing the street café platform.
h. The adjacent property owner's written consent for the minimum period of one (1) year if seeking to operate a sidewalk café that extends to a public right-of-way in front of an adjacent owner's property. It is contemplated hereby that an applicant and adjacent property owners may enter into an agreement for the right to extend a sidewalk café in front of an adjacent owner's property, therefore, for purposes of this subdivision, an applicant shall provide, at the applicant's option, evidence of consent by either presenting the agreement or short form agreement that, at minimum:
1. Identifies and contains the notarized signature, with two (2) witnesses, of all interested property owner(s); and
2. Express language evidencing consent for the minimum period required by this subdivision; and
3. An acknowledgment by the consenting party that the city shall be provided notice of any revocation or suspension of consent by registered mail, return receipt requested, within five (5) business days of exercising said revocation or suspension; and
4. An acknowledgment that the city shall be held harmless from any and all liability arising out of the issuance of a sidewalk café permit.
i. Plans for the operation of the sidewalk café, including, but not limited to, hours of operation, maintenance of the sidewalk café and services to be provided.
(3) Application criteria and method of review for sidewalk and street cafés:
a. Criteria and method of review: Applications to operate a sidewalk and street café shall be reviewed as follows:
1. The transportation manager or designee shall examine the qualifications of the applicant and the applicant's plan for operation and maintenance of the sidewalk cafeé and street café.
2. The transportation manager or designee shall route the application and plans to the appropriate agencies or departments for review, including but not limited to fire and risk management.
3. The transportation manager or designee shall approve plans, designs and specifications that do not unreasonably interfere with any of the following:
i. Adequate pedestrian flow;
ii. Access to public utilities, building entrances, crosswalks, bus stops and transient entrances;
iii. Pedestrian and traffic safety; and
iv. Aesthetic compatibility with the surrounding area.
4. The transportation manager or designee may advise the applicant of the revisions to the applicant's plans, designs and specifications that will result in an application that conforms to the provisions of this subdivision.
5. The transportation manager or designee shall deny an application for a sidewalk café permit if:
i. The sidewalk café and street café, as the applicant represents how it will be operated, fails to comply with the criteria set forth in this subdivision;
ii. Any information submitted by the applicant is found to be incorrect; or
iii. The transportation manager or designee finds that the sidewalk cafeé and street café would create an obstruction to, or cause congestion of, pedestrian or vehicular traffic due to existing conditions on the surrounding public right-of-way so as to represent a danger to the health, safety or general welfare of the public.
(3) Reapplication: Any current holder of a sidewalk café and street café permit shall reapply for a new permit, subject to the applicable conditions above, if changes are proposed to the permitted sidewalk café.
(Ord. No. 92-45, § 4, 4-2-92; Ord. No. 92-75, § 2, 5-21-92; Ord. No. 97-171, § 1, 7-31-97; Ord. No. 2005-306, § 3, 11-10-05; Ord. No. 2009-174, § 2, 12-3-09; Ord. No. 2013-66, § 2, 5-16-2013; Ord. No. 2022-108, § 3, 6-16-2022)
