(A) Sidewalk Cafés are restricted to the frontage of the establishment to which the permit is issued or in front of other businesses that are adjacent to the applicants property. In case of the latter, the applicant shall provide a written statement that shows that the owner of the property and the tenant, if different from the owner, approves the placement of the tables and chairs in front of their business. The owner or tenant may revoke this approval with ten days written notice to the City Engineer.
(B) Permits shall not be issued where the tables and chairs would be placed within five feet of bus stops, taxi stands, or counter service windows.
(C) Tables or chairs shall not be permitted within two feet of a pedestrian crosswalk.
(D) An Entertainment Area(s) shall be set back a minimum of five feet from any adjacent business.
(E) All furniture and objects associated with Sidewalk Cafés, not on the Broadwalk, shall be located in such a manner that a minimum four-foot clear pedestrian path is maintained at all times. The paths may be located in any configuration on the Sidewalk. In areas of congested pedestrian activity, the City Manager or his/her designee is authorized to require a wider pedestrian path, as circumstances dictate. All furniture and objects associated with Sidewalk Cafés on the Broadwalk shall be located within six feet of the property line, and only in those locations where at least eleven-foot wide pedestrian pathways are maintained.
(F) Temporary objects, including landscaping, shall be permitted around the perimeter of an area occupied by tables and chairs.
(G) Tables, chairs, umbrellas and any other objects associated with the Sidewalk Café shall be of quality design, materials and workmanship, both to ensure the safety and convenience of users, and to enhance the visual and aesthetic quality of the urban environment. Design, materials and colors shall be sympathetic and harmonious with the urban environment and compliment the design and paint colors on the building, as well as adhere to the requirements set forth in (K) below.
(H) Tables, chairs, umbrellas and any other objects associated with the Sidewalk Café may remain on the sidewalk area when the permittee's Restaurant or Retail Tobacco Shop is open or closed to the public unless ordered to be removed or closed pursuant to the provisions of this chapter.
(I) Pass-through windows, take out windows or similar types of windows are permitted when adjacent to a 7' clear sidewalk path. The Sidewalk Café table area required adjacent to a pass- through window shall be a minimum of 2' in depth. Service counters shall be flush with exterior walls if they would otherwise encroach into the public right- of-way.
(J) Cooking facilities are prohibited on the sidewalk with the exception of those temporary mobile facilities that are used in the finishing of meals that were substantially prepared inside the building. All cooking facilities permitted under this subsection shall be removed when the patron finishes the meal. All exterior cooking facilities shall be approved by the Fire Marshall and any other governmental agencies having jurisdiction.
(K) All design guidelines set forth in the Design Review Manual shall be adhered to and all designs shall be reviewed by the Planning Division of the Department of Development Services and the CRA. For Sidewalk Cafes which are located in a State right-of-way and require Florida Department of Transportation consent, the following design standards must also be adhered to:
(1) Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System - Topic No. 625-010-003 (Department Procedure);
(2) Plans Preparation Manual (PPM) - Topic No. 625-000-007 (Department Procedure); and
(3) Facilities Access for Persons with Disabilities (ADA Compliance)-Topic No. 625-020-015 (Department Procedure).
(L) Signage shall not be provided on any furniture or object that is associated with the Sidewalk Café. However, one menu board not exceeding four square feet is permitted within the Café Zone. The menu board shall be designed to occupy as little space as possible and be compatible with the architectural style of the building.
('72 Code, § 29-77) (Ord. O-88- 75, passed 11-2-88; Am. Ord. O- 93-11, passed 4-7-93; Am. Ord. O- 95-74, passed 12-20-95; Am. Ord. O-2001-11, passed 3-21-01; Am. Ord. O-2009-03, passed 1-22-09; Am. Ord. O-2010-37, passed 10-6- 10; Am. Ord. O-2016-19, passed 10-19-16) Penalty, see § 10.99