HomeMy Public PortalAbout070_030_Otto - South End Policies & Procedures MAYOR f CITY MANAGER
Jason Buelterman 0 ' Diane Schleicher
CITY COUNCIL CLERK OF COUNCIL
Wanda Doyle,Mayor Pro Tern s ► Janet LeViner
Barry Brown I
Jan Fox 1 CITY ATTORNEY
Bill Garbett Edward M. Hughes
Tom Groover r &�,�.
Paul Wolff --vim
CITY OF TYBEE ISLAND
City Council Agenda Item Request
Agenda Item Requests and supporting documentation must be submitted to the Clerk of Council by
4:00PM on the Thursday prior to the next scheduled Council meeting, If this form is received after the
deadline, the item will be listed on the next scheduled agenda.
Council Meeting Date for Request: December 12, 2013
Item: Considerations—Dianne Otto
Explanation: Consideration of proposed amendments to the South End Policies and Procedures
a. page 4—update Better Hometown to Main Street
b. page 5 —modify Overhead Structures
Budget Line Item Number (if applicable): N/A
Paper Work: Ai Attached*
\I Audio/Video Presentation**
* Electronic submissions are requested but not required. Please email to
jleviner@cityoftybee.org.
** Audio/video presentations must be submitted to the IT department at City Hall
by 4:00PM on the Thursday prior to the scheduled meeting.
Submitted by: Dianne Otto
Phone /Email: (912) 472-5031 / dotto @cityoftybee.org
Comments:
Date given to Clerk of Council: December 5, 2013
* * *
P.O.Box 2749—403 Butler Avenue,Tybee Island,Georgia 31328-2749 *Certified
(866) 786-4573—FAX (866) 786-5737 , City of
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Date Received
SIDEWALK CAFE OR MERCHANDISE DISPLAY New arRenewal
License Number
PERMIT APPLICATION
Business name
Street address
Mailing address
Name of business owner: Email
Phone numbers of owner: Business Home Mobile
Name of applicant if other than owner: Email
Phone numbers of applicant: Business Home Mobile
Relationship of applicant to owner(same,employee,agent,etc.)
Mailing address of applicant
Application is for: ❑ Sidewalk Cafe ❑ Merchandise Display
1. The length and width in feet of the public right-of-way to be used:
2. The number of tables and chairs to be provided at the Sidewalk Café:
3. Hours of operation of the Sidewalk Cafe or Merchandise Display:
Sunday: until
Monday: until
Tuesday: until
Wednesday: until
Thursday: until
Friday: until
Saturday: until
Sidewalk elements of cafés and merchandise displays must be secured daily when normal business operations cease.
The applicant shall not replace the approved items or change the layout without written authorization from the Planning and Zoning Manager.
DOCUMENTS REQUIRED WITH APPLICATION
O Affidavit(must be notarized;see page 2)
O Indemnification Agreement(must be notarized;see page 3)
1 Certificate(s)of Insurance listing the City of Tybee Island as an additional insured(see page 4)
O A Site Plan to scale with measurements of the proposed sidewalk area and all items to be placed on or within it(see page 4)
0 Photograph(s)of the sidewalk area(optional)
Applicant's signature Date
Printed name
ROUTING APPROVE OR DENY BY DATE FEE
Sidewalk Use Fee sum
City Marshal
An application may require
30 days or more to process.
Planning&Zoning Manager DIRECT AN APPEAL OF PERMIT
DENIAL TO THE CITY MANAGER.
403 Butler Avenue,P.O.Box 2749,Tybee Island,Georgia 31328-2749
(912)786-4573,ext.5031 or 5071 FAX(912)786-9539
www.cityoftybee.org
Page 1 of 6 1111212013
AFFIDAVIT
I, ,acting in the capacity of
name owner,agent,employee,etc
on behalf of the establishment known as located at
business name
Tybee Island,Georgia,attest to the following:
sweet address
o I have reviewed this application and all entries are correct and accurate to the best of my knowledge.
o There are no omissions of fact.
o There are no items located on the sidewalk where the Sidewalk Café or Merchandise Display is proposed that would prohibit the
Planning and Zoning Manager from issuing a Sidewalk Café or Merchandise Display Permit.
o No violation(s)of Georgia Law, Federal Law, Local Ordinance,or any Rule or Regulation of the State Revenue Commissioner,
or any Rule or Regulation of the City of Tybee Island or Chatham County have been adjudicated against this business within the
last 12 months preceding the date of the application,or,
o The following violation(s) of Georgia Law, Federal Law, Local Ordinance, or Rule or Regulation of the State Revenue
Commissioner, or Rule or Regulation of the City of Tybee Island or Chatham County have been adjudicated against this
business within the 12 months preceding the date of the application:
o I have read the South End Policies and Procedures and will abide by said South End Policies and Procedures at all times during
the term of the Sidewalk Café or Merchandise Display Permit.
Notarized Signature: Date:
Printed Name:
STATE OF GEORGIA
COUNTY OF CHATHAM
The foregoing instrument was acknowledged before me this day of ,20 ,by
who is personally known to me or who has produced identification.
Signature of Notary Public
My Commission expires:
Page 2 of 6 11/1212013
INDEMNIFICATION AGREEMENT
(RELEASE AND HOLD HARMLESS AGREEMENT)
This Indemnification,Release and Hold Harmless Agreement is made this day of ,20 ,by
("APPLICANT")for the benefit of the City Tybee Island, Georgia("CITY"). When
referred to herein, the CITY means the Planning and Zoning Manager, the municipality, its City Council, and each member thereof,
and its officers,employees,advisory board members and representatives.
WHEREAS, the APPLICANT is the owner or lessee of the property located at ,Tybee
Island, Georgia;and,
WHEREAS, the APPLICANT has applied for a Sidewalk Café or Merchandise Display Permit for the temporary use of the sidewalk
area abutting the property described above pursuant to City Codes, ordinances, and policies and is required thereby to indemnify,
defend and hold and save the CITY harmless for its use of the public right-of-way(hereinafter collectively the"PROPERTY");and,
WHEREAS,the APPLICANT is authorized to and has obtained all necessary approvals for this Agreement,
NOW,THEREFORE,in consideration of the CITY allowing the APPLICANT to use the public right-of-way for its Sidewalk Café
or Merchandise Display the APPLICANT agrees as follows:
1. The above recitals are true,and correct and are incorporated herein by reference,
2. The APPLICANT agrees to indemnify and hold and save the CITY harmless from any and all damages,loss or liability occurring
by reason of any injury of any person or property which may occur as a result or consequence of the issuance of the Sidewalk
Cafe or Merchandise Display Permit or the use of the PROPERTY by the APPLICANT or their family, officers, agents,
representative,guests,employees,invitees,or persons contracting with either or any of them or occasioned by an act or omission,
neglect, or wrongdoing of the APPLICANT or their family, officers, agents, representative, guests, employees, invitees, or
persons contracting with either or any of them. APPLICANT will, at their own cost and expense, defend and protect the CITY
against any and all such suits, claims or demands which may be claimed to have arisen as a result or consequence of or in
connection with the issuance of the Sidewalk Cafe or Merchandise Display Permit or the use of the PROPERTY by the
APPLICANT or their family, officers, agents, representative, guests, employees, invitees, or persons contracting with either or
any of them or occasioned by an act or omission, neglect, or wrongdoing of the APPLICANT or their family, officers, agents,
representative,guests, employees,invitees,or persons contracting with either or any of them. Notwithstanding the foregoing, this
should not be construed so as to require the applicant or anyone else to indemnify the CITY for claims arising from the sole
negligence of the CITY,its agents,employees,or officers.
3. The APPLICANT does hereby remise,release,satisfy, quit claim,and forever discharge the CITY from any and all actions,suits,
claims or demands that they ever had, now has, or may have in the future against the CITY as a result of the granting of the
Sidewalk Cafe/Merchandise Display Permit or because of the use of the PROPERTY by the APPLICANT or their family,
officers,agents,representatives,guests,employees,invitees, or persons contracting with either or any of them.
4. The APPLICANT will maintain liability or other insurance as required by City codes,ordinances,and policies which shall name
the CITY as an additional insured and for which the CITY will be given a current certificate. Said liability or other insurance
shall provide coverage for any suit or claim arising from the issuance of the Sidewalk Cafe or Merchandise Display Permit or the
use of the PROPERTY by the APPLICANT.
5. The terms of this Indemnification Agreement shall be binding upon and inure to the benefit of the parties and their heirs, legal
representatives,successors and assigns.
Notarized signature:
Printed name:
Date:
STATE OF GEORGIA
COUNTY OF CHATHAM
The foregoing instrument was acknowledged before me this day of ,20 ,by
who is personally known to me or who has produced identification.
Signature of Notary Public
My Commission expires:
Page 3 of 6 1111212013
4;11:
> v SOUTH END
POLICIES AND PROCEDURES
Dear Business Owner,
The intent of the South End Policies and Procedures is to provide standards for sidewalks in order to enhance the quality and safety of
the pedestrian experience within the South End Overlay Zone/C-1 Beach Business District while simultaneously helping to support
the growth and vitality of local businesses. These goals are consistent with the vision for The Strand Downtown Historic District as
outlined in the Tybee Island Comprehensive Plan,Section 1.2.11.
These standards provide guidelines to ensure a smooth process for approval to display merchandise or provide an outdoor café on
public property. These Policies and Procedures are administered through the Planning and Zoning Department which is available to
guide the permit application process.The Tybee Island Main Street Program Coordinator is also available to answer
your questions.
Sincerely,
Planning and Zoning Manager Better Hometown Main Street Program Coordinator
phone(912)472-5031 phone(912)472-5071
I. PURPOSE
The South End Policies and Procedures are consistent with the City of Tybee Island's objectives of developing attractive
pedestrian walkways and satisfying the desire of local businesses to use public space for outdoor dining or merchandise display.
Permits are issued at no cost and expire December 3151 of each year. It shall be unlawful for any person to place items on a
right-of-way without a valid permit. These standards are subject to change at any time and without prior notice. These Policies
and Procedures supersede all prior approvals for use a public right-of-way.
11. CERTIFICATE OF INSURANCE
A. Each business shall furnish a Certificate of Insurance evidencing commercial general liability insurance with limits of not
less than $600,000 per occurrence, $1,000,000 in the aggregate combined single limit, for bodily injury, personal injury
and property damage liability. The insurance shall provide for 30-days written notice to be given to the City of Tybee
Island if coverage is substantially changed,canceled or not renewed.
B. The City of Tybee Island shall be named as an additional insured on a primary, noncontributory basis for any liability
arising directly or indirectly from the operation of a sidewalk cafe or a merchandise display; and the business shall
indemnify, defend and hold the City harmless from any loss that results directly or indirectly from the permit issuance or
the operation of the sidewalk café or merchandise display.
C. In addition, if alcoholic beverages will be served at a sidewalk café, the applicant shall provide proof of liquor liability
insurance for the sidewalk café with limits of not less than$1,000,000 in such type as shall be acceptable to the City.
D. The business shall maintain the insurance coverage required under this section during the permit period. Failure of the
business to maintain the insurance required by this section shall result in the immediate revocation of the sidewalk permit.
III. APPLICATION FOR TEMPORARY USE OF THE PUBLIC SIDEWALK
A business seeking to use a sidewalk shall provide annually an Application, Affidavit, Indemnification Agreement,
Certificate(s) of Insurance, and a Site Plan. The applicant as listed on the application will thereafter he the city's contact
concerning the temporary use. Sidewalk permits are not transferable in the event of a change in ownership or management.The
Site Plan shall be to scale with measurements of the sidewalk area to be used and shall include all items to be placed on or
within the sidewalk area, The sidewalk use must not interfere with the use of the right-of-way by adjoining property
owners/tenants. In the event an application is not approved,a business is encouraged to work with staff to revise the application
and/or provide the required documents to arrive at a submittal that complies with the Policies and Procedures and all applicable
codes.
A. Space and Sidewalk Elements
1. Sidewalk cafés and merchandise displays are intended for sidewalks with a width of 10-feet or more from the property
line to the curb, however, use of a narrower sidewalk may be considered. The sidewalk area shall be considered an
extension of the business and must be located directly in front of the business. Permission of an adjacent property
owner will not be allowed as an exception to this requirement.
Page 4 of 6 1111212013
2. The area to be used may extend from the building toward the curb. A minimum clear pedestrian path of 4-feet is
required at all times. In areas of high pedestrian traffic or in conditions that necessitate additional clearance, a path
greater than 4-feet may be required. The path shall be free of trees, parking meters, utility poles, signage, or other
obstructions. All activities by patrons and employees (i.e. serving, sitting, dining, shopping, etc.) shall not encroach
into the required 4-foot pedestrian path at any time.
3. Where a sidewalk café or merchandise display is located at a street intersection, alley, or driveway, the vision
clearance requirements of Section 3-050 shall apply.
4. Compliance with ADA provisions as outlined in O.C.G.A.Title 30 Accessibility Code is required at all times.
5. Tables,chairs,benches,café barricades,umbrellas,awnings,display racks, signage,and any other object of a sidewalk
area shall be of quality materials and workmanship to ensure the safety of users. Objects may not impinge on entrances
or exits, loading zones, city benches, city trash cans, etc. The appropriate density of items will be affected by the
specific conditions of the location. Items should be kept to a minimum so as not to cause crowding or a nuisance.
Items shall be placed only as shown on the approved site plan.
6. Outdoor heaters may be utilized when in compliance with the guidelines of the Amendments to the International Fire
Code,as adapted for the State of Georgia.The location of an outdoor heater must be shown on the site plan.
7. A sidewalk element shall not be permanently attached to the sidewalk.
8. The business shall be responsible for the restoration of the sidewalk if any damage occurs.
9. Sidewalk elements shall be stacked/set aside immediately upon ceasing daily operation and must be secured in such a
manner as to prevent their use. Businesses are strongly encouraged to store sidewalk elements indoors.
10. Only establishments with an Occupational Tax License Code of Restaurant may operate a sidewalk café.
11. The Planning and Zoning Manager may place additional conditions upon the issuance of a permit in order to ensure
the protection of the public walkways and the rights of adjoining property owners and the health, safety and general
welfare of the public.
12. Use of the right-of-way may be temporarily suspended, without prior notice or hearing, at the discretion of the city
when there is reasonable cause that the use may interfere with public safety, special events, street improvement or
construction activities,cleaning,or other activities affecting the health,welfare or safety of the public.
13. A permit is non-permanent in nature and the applicant shall have neither property interest in, nor any entitlement to,
the granting or continuation of any such permit.
14. Lighting may be utilized if approved by the Planning and Zoning Manager. Lighting shall complement the building
and sidewalk area and shall not cause a glare to passing pedestrians or vehicles. All lighting must be turtle-friendly as
required by the Land Development Code.An electrical permit is required for the installation of lighting.
B. Overhead Structures
1. Umbrellas ,. _ • .. e • • . . . - . .... . - , may be utilized if approved by the Planning and
Zoning Manager. They shall not interfere with trees. They shall have no support posts attached to the right-of-way.
The bottom of an open umbrella shall be a minimum of 7-feet above the sidewalk.
2. The bottom of an open awning or canopy shall be a minimum of 10-feet above the sidewalk.An awning or canopy not
exceeding 2/1 inches 48-inches from the wall of the structure may be utilized if approved by the Planning and Zoning
Manager. requires approval of the Mayor/City Council.An executed Revocable License is required from the property
owner for each awning or canopy. A building permit is then required for installation. An awning or canopy shall have
a rigid framework capable of withstanding 130 mile per hour 3-second wind gusts with a non-combustible covering
that meets fire propagation performance of NFPA 701 or has a flame spread index not greater than 25 when tested in
accordance with ASTM E84.
3. An awning or canopy exceeding 48-inches from the wall of the structure shall require public notice (Section 5-050)
and consideration at a Public Hearing at any regular meeting of the Mayor and City Council. The fee for such hearing
shall be$100. If the awning or canopy is approved the applicant shall obtain a permit prior to any work. An executed
Revocable License is required from the property owner for each awning or canopy.
C. Sidewalk Signage
Permissible signage includes one sandwich board per business not to exceed 3-feet by 5-feet on the sidewalk immediately
in front of the business. See Section 4-050(0).The sign may be displayed during business hours only. The sign must also
be removed during inclement weather and any time the city requests removal.The sign shall be located as close as possible
to either the curb or the building so it does not block the required 4-foot minimum pedestrian path. Signage must not be
attached to a utility post or a tree.No benches or cafe barricades with advertising are allowed.Signage must be included on
the site plan depicting all other sidewalk objects.
Cafés are encouraged to post"For Customer Use Only"notices at seating areas if that is the policy of the business.
D. Vending Machines
Page 5 of 6 11/1212013
There shall be one vending machine allowed where a business has at least 90-feet of building frontage and is located on a
sidewalk that is at least 10-feet wide.A vending machine shall be complementary to the surrounding streetscape. A request
for a vending machine must be included on the site plan depicting all other sidewalk elements.
IV. USE AND OPERATION
A. Sale transactions shall not occur on sidewalks.All sales must occur in the building of the business.
B. Outside cooking is prohibited.
C. Alcoholic beverages may not be stored or mixed within the sidewalk area. Equipment necessary for the dispensing of any
other item shall be shown as a sidewalk element on the proposed site plan.
D. Permit holders are prohibited from providing amplified music, whether live or recorded. No speakers, microphones,
televisions,or other audio or video devices shall be allowed.Special consideration on a case by case basis may be given for
special events or holidays.
E. The business must provide supervision of the sidewalk area to ensure the proper conduct of patrons and that the area is in
compliance with these Policies and Procedures at all times.
F. The areas within and surrounding a sidewalk café or merchandise display shall be kept clean and sanitary.The area shall be
policed routinely to ensure immediate removal of all litter,food,etc. Daily cleaning is required in order to be welcoming to
pedestrians. The permit holder shall not wash garbage cans or any other container, or other property of any nature, on the
sidewalk.All cleaning must be performed in accordance with federal,state and local regulations.
V. ENFORCEMENT
The Planning and Zoning Manager and/or the City Marshal will investigate any complaint and will intermittently inspect
sidewalk cafes and merchandise displays after permits have been issued. Any violation of the Policies and Procedures, or any
deviation from the approved site plan or any willful omission on the application will result in revocation of the permit and/or a
citation being issued.Each day a violation continues shall be deemed a separate and distinct offense. A fine shall be in addition
to any expenses incurred for restoration or repair of the right-of-way,which shall be the responsibility of the applicant.
The issuance of a sidewalk cafe/merchandise display permit is a revocable license granted by the City of Tybee Island.
VI. APPEAL
A. Any person aggrieved by any action of the Planning and Zoning Manager under this policy may appeal the decision to the
City Manager by setting forth the facts and circumstances regarding the appealed action.The City Manager shall notify the
applicant,in writing,of the time and place set forth for a hearing on the appeal request.The right to appeal the action of the
Planning and Zoning Manager shall terminate upon the expiration of 15 business days following the date written
notification was provided by the Planning and Zoning Manager.
C. The hearing on the appeal request shall be held within 20 business days of the City Manager's receipt of the appeal request.
D. The hearing shall be presided over by the City Manager.A decision regarding said appeal shall then be issued no later than
10 business days following said hearing.The decision of the City Manager shall be final.
TRASH COLLECTION
Roll-out carts are prohibited on Tybrisa Street, from Strand at the south end of the 14`h Street Parking Lot (1510 Strand; Marine
Science Center)to Izlar Avenue,and from Butler Avenue at the north side of 17'h Street to 1511 Butler Avenue(Sunrise Restaurant).
The areas listed above shall be served by compactor units provided by the City. The compactors are located at 13 Atlantic Avenue
behind 16 Tybrisa(Sea&Breeze Hotel)and at 1604 Lovell Avenue behind 1603 Inlet Avenue(Chu's Convenience Mart#102).
The owners and/or occupants of all properties served by compactor units shall pay a commercial waste collection fee and commercial
waste disposal fee for compactor service at the rate per cubic yard specified on the fee schedule on file with the City Clerk.The fee for
compactor use originated from roll-out cart usage prior to the installation of compactor units. A business may choose to obtain a
private dumpster to be located wholly on private property instead of using a compactor unit. The dumpster must be properly screened
in accordance with Sec.22-192(b)(2)of the Municipal Code of the City of Tybee Island.
At any time the City may expand the designated areas where roll-out carts are prohibited. An amendment to require additional
businesses to participate will be based on the capacity of the compactors and/or the addition of compactors within the South End.
City-provided trash cans located on the sidewalks are for use by pedestrians only. Businesses must not use the trash cans. Business
trash is to be placed in a compactor,not a city trash can.
The following materials shall not be deposited in compactors: appliances or other heavy metal objects;steel drums;furniture,bed
springs and mattresses;tires;wooden crates;construction and demolition debris;trees,limbs,leaves,and other vegetation;hazardous
materials including paint and chemicals,and dead animals.
Page 6 of 6 1111212013
REVOCABLE LICENSE / INDEMNITY AGREEMENT 1 PUBLIC PROPERTY
The undersigned applicant hereby requests permission from the City of Tybee Island,
Georgia, to construct a structure for the purpose of the use of public property located within
said city limits since a portion of the proposed project may encroach upon public property,
roads or marshes within the city limits of said municipality. The undersigned understands that
the issuance of such a permit does not relieve the applicant of the obligation to obtain
additional authorization from any other authority.
The undersigned further recognizes and agrees that this license does not confer upon the
undersigned any rights, title, estate or interest in said licensed premises; nor does this license
agreement confer upon the undersigned a license coupled with an interest or easement.
This license merely gives the undersigned a revocable privilege, it being expressly
understood and agreed that, regardless of any improvements or investment made, expense and
harm incurred or encountered by the undersigned,this agreement shall be subject to revocation,
cancellation or termination and this license shall be null and void.
The undersigned shall further indemnify and save the City of Tybee Island, its agents, officials,
employees, and representatives free and harmless from any and all liability, loss, cost,
damage or other expense from accident or damage, either to itself or to the persons or
property of others which may occur by reason of the exercise of the rights and privileges
herein granted by this license except for any loss arising from the sole negligence or willful
misconduct of the City of Tybee Island.
The undersigned applicant further recognizes that the City of Tybee Island does not grant
permission to proceed with such project unless and until any other appropriate permit is issued
and a copy of same is filed with the Clerk of Council of said City.
The license permitted herein is limited to those areas identified as encroaching on said public
property shown on the attached Exhibit "A" hereto.
Date: Applicant's Signature:
Printed Name of Applicant:
THE CITY OF TYBEE ISLAND hereby grants the above a revocable license not coupled with an
interest as provided in the above request.
Approved this day of , 20
BY:
Dianne Otto
Planning & Zoning Manager
Attachment: Exhibit A