[HISTORY: Adopted by the Common Council of
the City of Albany 1-24-1991. Amendments noted where applicable.]
The sidewalk and outdoor cafe regulations as
set forth in this chapter are designed to permit those cafes in areas
where they are appropriate and to promote and protect the public health,
safety and general welfare. Specific purposes of this legislation
are:
A.
To ensure adequate space for pedestrians on the sidewalk
adjacent to sidewalk and outdoor cafes.
B.
To preserve and enhance the character of neighborhoods
through the City and to protect the adjacent residential areas.
C.
To simplify administrative and strengthen enforcement
procedures for sidewalk and outdoor cafes that are effective, efficient
and enforceable.
D.
To promote the most desirable use of land and to provide
compensation to the City for use of City-owned land for sidewalk cafe
purposes.
This chapter shall be known as the "Sidewalk
and Outdoor Cafe Ordinance."
For the purposes of this chapter, the following
terms shall include each of the meanings set forth:
Those areas of the City of Albany designated by Chapter 375 as MU-CU, MU-CH, MU-CI, MU-DT, MU-FC, MU-FW, I-1 and I-2.
[Amended 5-15-2017 by Ord. No. 26.31.17]
Those exterior facilities adjacent to and a part of establishments
selling food and/or drink, entirely located on private property, open
to the elements except for awnings and/or low walls or fences, temporary
or permanent in nature, such as rooftop cafes and those at street
level not using any City-owned property.
Written authorization issued by the Director of Planning
pursuant to this chapter permitting the operation of either a sidewalk
or outdoor cafe.
[Amended 5-15-2017 by Ord. No. 26.31.17]
Those areas of the City of Albany designated by Chapter 375 as R-1L, R-1M, R-2, R-T, R-M, R-V, MU-NE, MU-NC, MU-FS and MU-FM.
[Amended 5-15-2017 by Ord. No. 26.31.17]
Those exterior facilities adjacent to and a part of establishments
selling food and/or drink that require the use of some City-owned
property for operation, are temporary in nature and open to the elements
except for optional awnings and/or temporary low walls or fences.
[Amended 5-15-2017 by Ord. No. 26.31.17]
[Amended 5-15-2017 by Ord. No. 26.31.17]
The Director of Planning shall establish rules
and regulations necessary to carry out the purposes of this chapter.
[Amended 5-15-2017 by Ord. No. 26.31.17]
A.
Any request or application for a permit to operate
a sidewalk or outdoor cafe shall be made to the Director of Planning
or his or her designated agent, in writing, on the application form
provided by the Director of Planning's office for this purpose. Where
construction or alterations are anticipated, the applicant for an
outdoor cafe must also submit a building permit application which
will be reviewed for compliance with the State Building Code and City
Zoning Requirements.[1]
[Amended 4-24-1997 by Ord. No. 13.32.97; 4-4-2011 by Ord. No.
21.22.11; 5-15-2017 by Ord. No. 26.31.17]
A.
The Director of Planning shall issue a permit upon
a finding that:
(1)
The proposed sidewalk or outdoor cafe will not unreasonably
interfere with the pedestrian traffic or use of the City-owned portion
of property to be used.
B.
Notwithstanding the foregoing, the Director of Planning
may deny a permit upon a finding that:
(1)
The use of the sidewalk or outdoor cafe has resulted
in violations of any applicable rule, regulation, ordinance, local
law or statute during the 12 months preceding the application.
(2)
The proposed sidewalk or outdoor cafe will have an
undue adverse effect upon nearby property, the character of the neighborhood,
traffic conditions, parking or other matters affecting the public
health, safety, welfare or convenience.
C.
The Director of Planning may hold an administrative
hearing with the applicant for a permit and any other interested persons
to assist in making such a determination. Such hearing shall be upon
notice to Corporation Counsel; the Departments of Buildings and Regulatory
Compliance, Engineering, Fire, Police, Traffic Engineering; the Alderperson
representing the area in which the proposed cafe is to be located;
and the neighborhood association, if any, whose contact person and
boundary descriptions are on file with the Director of Planning.
A permit holder shall be bound by all applicable rules, regulations, ordinances, local laws and statutes. The permit may be conditioned on modifications or restrictions intended to ensure compliance with the provisions of § 303-7 and the general protection of the health, safety and welfare of the citizenry.
[Amended 6-17-1996 by Ord. No. 16.62.96; 5-19-2008 by Ord. No. 25.42.08; 4-4-2011 by Ord. No. 21.22.11]
The fee for processing the application for a
sidewalk or outdoor cafe permit shall be:.
[Amended 5-15-2017 by Ord. No. 26.31.17]
The person or persons to whom a permit is issued
shall be liable and shall indemnify the City for any loss, damage
or injury sustained by any person whatever by reason of the negligence
of the person or persons to whom the permit shall have been issued.
The applicant for a permit shall present to the City a certificate
of insurance, naming the City of Albany as additional insured, prior
to the issuance of the permit, in the amounts specified by the Director
of Planning. The Director of Planning may, in his or her discretion,
waive the requirement for insurance when circumstances warrant.
[Amended 4-24-1997 by Ord. No. 13.32.97; 4-4-2011 by Ord. No. 21.22.11; 6-6-2011 by Ord. No. 28.41.11; 5-15-2017 by Ord. No. 26.31.17]
A.
The Director of Planning, with the assistance of the Department of
Buildings and Regulatory Compliance, the Albany Police Department
and the Department of Planning and Development, shall be responsible
for monitoring and enforcing compliance with the terms of this chapter
and applicable rules and regulations. In so doing, the Director of
Planning may hold an administrative hearing with the applicant for
a permit and any other interested persons. Such hearing shall be upon
notice to the Corporation Counsel; the Departments of Buildings and
Regulatory Compliance, Engineering, Fire, Police, Traffic Engineering;
the Alderperson representing the area in which the proposed cafe is
to be located; and the neighborhood association, if any, whose contact
person and boundary descriptions are on file with the Director of
Planning.
B.
The Department of Buildings and Regulatory Compliance or Albany Police
Department, upon inspection and discovery of a violation of this chapter
or other applicable rule, regulation, ordinance, local law or statute,
may immediately cause the offending cafe to be cleared of patrons.
C.
The Division of Building and Codes, Albany Police Department or the
Department of Development and Planning shall, upon the discovery of
a violation of this chapter or other applicable rule, regulation,
ordinance, local law or statute, notify the Director of Planning of
such violation.
[Amended 5-15-2017 by Ord. No. 26.31.17]
Appeals from the issuance, denial, revocation
or other condition of a permit may be taken to the Board of Zoning
Appeals, by any aggrieved person, within 30 days from the date of
the issuance, denial or revocation, by filing a written notice with
the Director of Planning on forms prescribed by the Board. Each appeal
shall refer to the specific relevant provision of the ordinance, explain
the aggrieved person's position with respect to the determination
being appealed and state the relief requested. If the appeal is from
a denial or revocation, it shall also state the reasons given for
said denial or revocation.
[Amended 5-15-2017 by Ord. No. 26.31.17]
Upon receipt of an appeal of a permit denial,
revocation or issuance, the City Clerk shall transmit the appeal and
all pertinent data and records to the Board, including his or her
recommendations. The Board shall establish a reasonable time for the
hearing of each appeal and give proper notice thereof. The Board shall
decide the appeal within 30 days of the hearing. At the hearing, any
party may appear in person or be represented by an agent or attorney.
The Board's decision shall be filed in writing with the Director of
Planning and Corporation Counsel. A copy shall be sent to the appellant.
[Amended 5-15-2017 by Ord. No. 26.31.17]
Upon receipt of a permit application, the Director
of Planning shall send a copy of the application to the Commissioner
of Buildings, City Engineer, Director of Planning and Alderman of
the ward in which the proposed sidewalk cafe would be located for
their comments. Comments and recommendations shall be accepted for
a period of 14 days from date of distribution. Notice of permit issuance,
with any conditions or restrictions attached, will be similarly distributed.
The permit holder shall post the permit on the establishment so that
it is visible from the street.
Property shall be cleaned and kept refuse-free,
and no large containers for trash shall be placed on the cafe premises.
At the expiration of the term of the permit, all City-owned property
shall be delivered up to the City in good condition, damage by the
elements excepted. Public property shall not be altered in any way
during the term of the permit.
A.
Residential/mixed-use districts. Cafes located in
residential/mixed-use districts shall be open for business not before
8:00 a.m. and shall close by 11:00 p.m.
B.
Nonresidential districts. Cafes located in nonresidential
zoning districts shall be open for business not before 8:00 a.m. and
shall close by 2:00 a.m.[1]
[1]
Editor’s Note: Former Subsection C, added 7-8-2010 by
Ord. No. 54.42.10, as amended, which immediately followed and provided
different hours of operation for sidewalk cafes located within the
boundaries of the Lark Street Area Business Improvement District,
was repealed 5-15-2017 by Ord. No. 26.31.17.
A.
Residential/mixed-use districts. Cafes located in
residential/mixed-use districts shall not use music or noise amplification
devices, and no music or entertainment of any type is permitted outdoors.
Lighting shall be minimal. No outdoor cooking of any type is permitted
in sidewalk or outdoor cafes.
B.
Nonresidential districts. Cafes located in nonresidential
zoning districts shall be allowed to provide music, so long as it
is not of a type or volume as to violate any applicable law or ordinance
such as the City's Noise Ordinance[1] or create a nuisance to surrounding residents or property
owners. Lighting shall be minimal. No outdoor cooking of any type
is permitted in sidewalk or outdoor cafes.
In sidewalk cafes, all fixtures and furnishings
must be of a temporary nature, capable of being brought in at closing
time, and must be brought in and stored during nonoperational hours.
No objects, except a retractable awning and lighting fixtures, may
be permanently attached to the exterior. All planters, railings and
fences must be temporary and not exceed a height of four feet. No
additional signage shall be permitted to be affixed to a cafe's temporary
structures or accessories. Outdoor cafes, those cafes operated entirely
on private property, are excepted from the above requirements of this
section; however, if either type of cafe is located in a historic
district, additional requirements relative to signage and other exterior
elements that are set forth in the Historic Resource Commission Ordinance
are applicable.[1]
[Amended 5-15-2017 by Ord. No. 26.31.17]
For sidewalk cafes using City property for operation,
there shall be a minimum of four feet or fifty percent (50%) of the
total sidewalk width for clearance, whichever is greater, to provide
adequate and unobstructed pedestrian movement, such measurement being
made from the outermost point of the cafe to the unobstructed inner
edge of the curb, excluding brick or grass carpets, United States
mailboxes, fire hydrants, bus shelters, street trees, etc. Where applicable,
compliance with the ADA Standards for Accessible Design will be required.
The actual amount of clearance space needed will be based upon two
(2) factors: the location and the volume of pedestrian traffic. A
larger pedestrian right-of-way may be required based on the proposed
location and the volume of pedestrian traffic experienced there.
[Amended 4-24-1997 by Ord. No. 13.32.976-6-2011 by Ord. No. 28.41.11]
A person or entity found in violation of this
chapter shall receive a letter stating the violation and pay a fine
of $150 for a first offense; shall receive a letter stating the violation,
pay a fine of $300 and have said permit suspended for 90 days for
a second offense within three months of the first offense; and shall
receive a letter stating the violation, pay a fine of $500 and have
said permit revoked for the remainder of the permit season or suspended
for 120 days, whichever is greater, upon any subsequent offense after
the second offense. Any fines levied shall be in addition to any other
provisions for enforcement contained in this Code.
Permits shall be issued on or after May 1 of
each year. All permits, regardless of when issued, shall expire on
April 30. Applications for renewal of permits shall be made in the
same manner as original applications. Permits are not assignable.
If any section, paragraph, subdivision, clause
or provision of this chapter shall be adjudged invalid, such adjudication
shall apply only to the section, paragraph, subdivision, clause or
provision so adjudged, and the remainder of this chapter shall be
deemed valid and effective.
