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SidewalkRulesAndRegsSraft20080527 South End Business District Policies and Procedures Sidewalk Cafés/Sidewalk Merchandise Display 1. A sidewalk café or merchandise display permit is valid from the date of issuance for one (1) year. 2. The existence of a sidewalk café permit or sidewalk merchandise display permit must be reflected on the City of Tybee Island Business License issued to the business owner. 3. Sidewalk cafes shall not operate earlier than 7:00AM nor shall later than 12:00AM unless the hours of the establishment are more restricted by operation of law or otherwise, in which case, the more restrictive hours of the establishment control. 4. Sidewalk merchandise displays shall not operate outside of the normal hours of operation for the business for which the merchandise is being displayed. 5. All sidewalk café employees shall be subject to and comply with all applicable requirements and standards for a retail food establishment. a. All sidewalk cafes must have an opening for ingress and egress at all times. b. All sidewalk cafes must adhere to the size, design, and any other specifications approved by the City at all times. Strict adherence to required design standards as set forth herein is mandatory. c. Strict adherence to hours of operation, approved layout of all components of the sidewalk café, clear space for pedestrians and required landscaping is mandatory. 6. Where the City has installed a permanent structure such as a parking meter, planter, light pole or other device, the permitee of the sidewalk café or sidewalk merchandise display shall make accommodation for the required clearance for pedestrian passage. Permittees shall be mindful of the rights of pedestrians traveling past their sidewalk café or sidewalk merchandise displays at all times during operation. Complaints will be investigated by the City and violations of the ordinance or the rules and regulations promulgated will result in citations being issued to the permitee and/or revocation of permitee’s sidewalk café or sidewalk merchandise display permit. 7. All areas within and surrounding the sidewalk café or sidewalk merchandise display area shall be maintained in a clean, neat and sanitary condition and shall be policed routinely by permitee to ensure removal of all wrappings, litter, debris and food therefrom. Daily sanitary cleaning of the area is required. The permittee shall not wash garbage cans or any other container, or other personal property of any nature on the sidewalks. All cleaning must be performed in accordance with applicable federal and state regulations. Sidewalks within and adjacent to sidewalk cafés must be washed down and cleaned on a daily basis. 8. Sidewalk cafes or sidewalk merchandise displays shall be prohibited from playing amplified music, whether live or recorded. No speakers, microphones, televisions or other audio or video devices shall be permitted at a sidewalk café. 9. All tables, chairs, plants, planters and any other items of the sidewalk café or sidewalk merchandise display, hereinafter defined as Sidewalk Elements, shall be approved as part of the permit approval process. Sidewalk Elements for sidewalk cafes shall be promptly stacked/set aside immediately after the sidewalk café discontinues its daily operation , and must be secured in such a manner as to prevent their use immediately after the permittee discontinues its daily operations. Sidewalk Elements for sidewalk merchandise display shall be promptly stacked/set aside immediately after the business discontinues its daily operations. 10. The Zoning Administrator or City Code Enforcement Officers will inspect all sidewalk cafes and sidewalk merchandise displays after permits have been issued and the café is in operation. Any violations of the provisions of these rules and regulations, or any deviation from approved plans of willful omissions of the application will result in citations being issued to the operator and /or revocation of permittee’s permit. 11. Any permittee or his or her employees or contractors who violate or resist enforcement of any provisions of the sidewalk café ordinance and/or these rules and regulations may be subject to immediate permit revocation by the City and/or shall be subject to a fine of not less than that set forth in Section of the Code of the City of Tybee Island, provided that each day that such violation continues shall be deemed a separate and distinct offence. These fines shall be in addition to any expenses incurred for restoration or repair of the public right-of-way, which shall be the responsibility of the permitee. THE ISSUANCE OF A SIDEWALK CAFÉ / SIDEWALK MERCHANDISE DISPLAY PERMIT IS A PRIVILEGE GRANTED BY THE CITY OF TYBEE ISLAND. THE CITY OF TYBEE ISLAND REQUIRES COMPLIANCE WITH ALL RULES AND REGULATIONS AS WELL AS RESPECT OF THE COMMUNITY IN WHICH THE BUSINESS IS LOCATED. THE ZONING ADMINISTRATOR AND CITY CODE ENFORCEMENT OFFICERS WILL MONITOR THE OPERATION OF SIDEWALK CAFES / SIDEWALK DISPLAY AREAS AND ARE EMPOWERED TO ISSUE CITATIONS FOR RULE AND REGULATION VIOLATIONS. 12. If a permit is issued, permittee shall be required to pay the following fees to the City of Tybee Island: a. An annual Accessory Use Fee in the amount of Seventy-five dollars ($75.00) in the form of certified funds to cover the administrative costs related to permittee’s use of the sidewalk area. b. If the sidewalk is left in an unsatisfactory condition, the City reserves the right to recover the cost of repairing the damage from the permittee, including the cost of attorney’s fees and court costs incurred in collecting said damages from the permittee. 13. Permittee shall be required to maintain a current City of Tybee Island business license. 14. Permitee shall be required to abide by all federal, state and local laws, rules and regulations applicable to the operation of a business in the City of Tybee Island. South End Business District Sidewalk Standards In order to remain consistent with the City of Tybee Island’s objective of developing attractive pedestrian throughways and outdoor dining spaces, including the furniture, objects, structures, and décor associated therewith, in as much that applicants desiring to use public space for semi-private use as outdoor cafes are enhancing the private interests of their enterprise as well as that of the City, the following standards shall apply to establishments seeking permission to erect sidewalks signs, display merchandise, or provide outdoor dining in the form or sidewalk cafes throughout the South End Business District. I. Space and Elements A sidewalk café or sidewalk display of merchandise shall only be permitted on a sidewalk with a minimum width of ten (10’) feet from the property line to face of curb. The area designated for the display or sidewalk café shall be considered an extension of the franchise; therefore, the location of must be directly in front of the franchise. A sidewalk café or outdoor display of merchandise may extend from the face of the building toward the curb, assuring that a clear pedestrian path of four (4’) feet minimum is maintained at all times. In areas of higher pedestrian traffic or activity or in conditions that suggest the need for additional clearance, a clear pedestrian path greater than four feet may be required. This area shall be free of any obstructions such as trees, parking meters, utility poles and the like in order to allow adequate pedestrian movement. Sidewalk cafes and outdoor display of merchandise shall not interfere with any utilities or other facilities such as telephone poles, fire hydrants, signs, parking meters, mailboxes, or benches located on the sidewalk or public right of way. The sidewalk café area must be confined within a clearly defined boundary using temporary materials. Acceptable materials will include planters with flowers or foliage, decorative fencing or other approved material. The maximum height of the boundary shall not exceed 3 feet 6 inches. The sidewalk café or merchandise display area may not impinge on any required clear distances for maneuvering around entrances or exits. The outdoor dining area and sidewalk merchandise display area shall be accessible to disabled patrons and employees, and buildings adjacent to these areas shall maintain building egress as defined by the current building code. When a sidewalk café or sidewalk merchandise display is located at a street corner, vision clearance requirements shall be in accordance with the Land Development Code of Tybee Island Section 3-050. When a sidewalk café is adjacent to an alley or driveway, these regulations may also be applied. These requirements may be modified at the discretion of the zoning administrator in locations where unusual circumstances exist and where public safety could be jeopardized. II. Furniture, objects, structures and décor Tables, chairs, umbrellas, awnings, barriers, and any other object associated with a sidewalk café or sidewalk display of merchandise (“Sidewalk Elements”) 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. All Sidewalk Elements shall be reviewed by the Zoning Administrator as part of the sidewalk café / sidewalk merchandise display permitting process. In reviewing Sidewalk Elements, the zoning administrator shall consider their character and appropriateness of design including but not limited to scale, texture, materials, color and relation of the Sidewalk Elements to the adjacent establishments, to features of structures in the immediate surroundings, as well as to the streetscape and adjacent neighborhood(s), if applicable. Tables and chairs for sidewalk dining shall be places in the area designated for sidewalk dining only. Appropriate density of tables and chairs is to be reviewed by the zoning administrator and may be affected by specific conditions of the location. Table sizes should be kept to a minimum so as not to cause crowding, a disturbance, or nuisance. Tables, shelves or other displays shall be in places designated for sidewalk display of merchandise. Appropriate density of tables, shelves, racks or other displays is to be reviewed by the zoning administrator and may be affected by specific conditions of the location. Displays should be kept to a minimum so as not to cause crowding, a disturbance or nuisance. Permanent structures in sidewalk cafes or sidewalk merchandise displays are not permitted. All furniture, umbrellas or other Sidewalk Elements shall not be attached permanently to the sidewalk or public right-of-way. The permittee shall be responsible for the restoration of the sidewalk or public right-of-way if any damage is caused as a result of the issuance of the sidewalk café permit. III. Overhead Structures Umbrellas and any type of temporary overhead structure may be utilized if approved by the zoning administrator as part of the sidewalk café/sidewalk merchandise display permitting process. The use of overhead structures over the outdoor dining areas/display areas and removable umbrellas may be permitted provided they do not interfere with street trees. No umbrella canopy shall be less than seven (7’) feet above the sidewalk. Awnings, either permanent or temporary, may be utilized if approved by the zoning administrator as part of the sidewalk café/sidewalk merchandise display permitting process. Awnings shall have no support posts located within the public right-of-way, and no portion of an awning shall be less than eight (8’) feet above the sidewalk. A building permit must be obtained prior to the installation of an awning and is subject to all applicable code sections of the Code of the City of Tybee Island. Canopies, awnings and umbrellas must be weather resistant and firmly installed to withstand typical weather conditions. These units must be rolled up and secured with the sidewalk café is closed, or they must be dismantled. IV. Sandwich Board Signs Sandwich Board signs are permitted, subject to the following regulations: 1. Sandwich Board Signs are self-supporting A-shaped freestanding temporary signs with only two visible sides that are situated adjacent to a business, typically on a sidewalk. 2. The maximum area shall be six (6) square feet per side of sign with the maximum height being (42) inches. 3. Acceptable primary sandwich board sign materials include the following: steel, iron, metal, and wood. Synthetic materials such as chalkboard and whiteboard are acceptable accent materials but are limited to 50 percent of sign area on each side. 4. The use of metallic or fluorescent paint shall be prohibited, and all permanent lettering must be of professional quality. Creativity is encouraged, and all signs shall be maintained and kept in good repair. 5. Only one sandwich board sign per business shall be permitted. Sandwich Board Signs shall not be placed more than six (6) feet from the front primary entrance of the business. 6. The signs shall be located directly in front of the business. 7. The signs shall not advertise a business or products, goods and services located on another property. 8. Sandwich Board Signs shall not be placed so as to cause the width of the sidewalk to be reduced below four (4) feet in width, nor shall they be erected or maintained in a manner that prevents free ingress or egress from any door, window or fire escape. 9. A temporary sign permit is required prior to the installation of the sign. Only one temporary sign permit for a sandwich board sign is allowed per business and such permit is not transferable. Permits are valid for one calendar year beginning January 1, and ending December 31. If the sign is to be located within the public right-of-way, business owners shall sign a disclaimer that indemnifies the City of any liability for use of said public right-of-way. 10. A sketch including dimensions, materials, and location of the sandwich board sign must be attached to the permit application. The permit application must be approved and signed by the zoning administrator or assignee before the sandwich board sign may be displayed. If a sign is displayed prior to obtaining a sandwich board sign permit, application may be denied. 11. Sandwich board signs shall not be illuminated, nor shall they contain moving parts or have balloons, streamers, pennants, or similar adornment attached to them. Attaching sandwich board signs to structures, poles, objects, signs, etc. by means of chains, cords, rope, wire, cable, etc. is prohibited. Signs shall only be displayed during business operating hours. 12. Sandwich board signs placed in violation of this section will result in immediate removal of the sign and the business’s temporary sign permit privileges will be denied for the remainder of that year. Sandwich board signs displayed without approved permits shall be disposed of at owner’s expense. 13. Sandwich board signs within the public right-of-way may be moved/removed by the City for municipal purposes. (i.e. code enforcement, traffic issues, maintenance, etc.). V. Lighting Lighting for sidewalk cafes/sidewalk merchandise display may be utilized if approved by the zoning administrator as part of the permitting process. Any such lighting shall complement the existing building and sidewalk café/sidewalk merchandise display design and shall not cause a glare to passing pedestrians or vehicles. Electrical wires shall not be permitted to access the sidewalk café/merchandise display area. Possible lighting sources include tabletop candles or low wattage battery operated fixtures. Additional lighting may be attached to the permittee’s adjacent establishment provided permittee obtains all necessary approvals for such lighting from the City of Tybee Island, if applicable. VI. Outdoor Heaters Outdoor heaters may be utilized upon the approval of the zoning administrator upon as part of the permitting process. VII. Vending machines, carts prohibited No vending machines, carts, or objects for the sale of goods shall be permitted on a sidewalk in the South End Business District. Merchandise may be displayed but no sales may be transacted on sidewalks. All sales transactions must occur inside the primary business. VIII. Service and Use All sidewalk merchandise display and services provided to patrons of a sidewalk café and all patron activity (i.e., sitting dining, waiting, etc.) shall occur within the designated sidewalk café area, and shall not impinge on the required clear distance for pedestrian passage at any time. No alcoholic beverages may be stored or mixed in the sidewalk café/merchandise display area. Equipment necessary for the dispensing of any other items should be reported as part of the operation of the sidewalk café and is subject to review. No outside cooking will be permitted. The franchise must provide supervision of the sidewalk café area to ensure the conduct of patrons and operations of the area are in compliance with this ordinance at all times. IX. Insurance Required Each permittee of a sidewalk café permit or sidewalk merchandise display 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 non-renewed. 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 café or operation of sidewalk merchandise display; and the permittee 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/sidewalk merchandise display. In addition, if alcoholic beverages will be served at the sidewalk café, the permittee 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. Alcoholic beverages may not be displayed in sidewalk merchandise display areas. Each permittee shall maintain the insurance coverage required under this section during the permit period. The certificate(s) of insurance shall be presented to the zoning administrator prior to the issuance of a permit under this section. Failure of the permittee to maintain the insurance required by this section shall result in the revocation of the sidewalk café permit. In order to receive a permit for a sidewalk café or sidewalk merchandise display on a public right-of-way, the applicant must demonstrate that the provisions of these guidelines will be met. Documentation demonstrating that the provisions of this guideline will be complied with must accompany the application in order to receive a permit. A sidewalk café permit or sidewalk merchandise display permit will not be issued to a permittee until after the zoning administrator has conducted a site inspection of the approved sidewalk café and all Sidewalk Café Elements or sidewalk merchandise display area and all Sidewalk Display Elements placed therein to ensure that the uses and elements are in compliance with the approved permit and that the permittee is in compliance with all other requirements of the permit.