[Added 11-8-1993 by Ord. No. 93-37]
The sidewalk and outdoor cafe regulations as
set forth in this article 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 of use of City-owned land for sidewalk cafe
purposes.
For the purposes of this article, the following
terms shall include each of the meanings set forth:
Those exterior facilities adjacent to and 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 or decks and those at
street level not using any City-owned property.
Written authorization issued by the Office of Consumer Protection
pursuant to this article, permitting the operation of either a sidewalk
or outdoor cafe.
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 are open to the
elements except for original awnings and/or temporary low walls or
fences.
A.
No sidewalk or outdoor cafe shall be allowed to operate
in any outdoor area unless a permit has been obtained from the Office
of Consumer Protection.
B.
Any request for the use of such an area for such purpose
shall be made in writing to the Office of Consumer Protection in the
form of a permit application.
The Office of Consumer Protection shall establish
rules and regulations necessary to carry out the purposes of this
article.
A.
Any request or application for a permit to operate
a sidewalk or outdoor cafe shall be made to the Office of Consumer
Protection, in writing, on the application form provided by the Office
of Consumer Protection.
B.
The request/application may, in the Office of Consumer
Protection's discretion, contain the following information:
(1)
The name, address and telephone number of the applicant.
(2)
The name, address and telephone number of the restaurant
to be the subject of the application.
(3)
The days and hours for which the permit is requested.
(4)
Whether alcoholic beverages are to be served.
(5)
The number of tables and chairs desired for this area
and a rendering of positions of tables relative to entrances, exits
and the sidewalk.
(6)
A description of facilities and equipment to be used,
including whether live or mechanically reproduced music is to be played,
and other devices needed for amplification of sound, when applicable.
(7)
A site plan and building plans drawn to scale showing
proper clearance around the ingress and egress to buildings and to
fire safeguards; also the proper amount of clearance on sidewalk for
pedestrian traffic.
(9)
An indication of all fixtures such as fencing, decking
or planters to be used, and an indication of whether or not they will
be removed when the cafe is closed.
(10)
A survey map indicating property lines and that
property which is owned by the applicant and that which is City-owned.
(11)
Any other information that the Office of Consumer
Protection may find reasonably necessary for the fair determination
as to whether a permit should be issued.
The following standards shall apply:
A.
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.
The applicant has met all other applicable provisions in this article and those in the Building Code, the Zoning Ordinance and, if located in an historic district, the historic district's ordinance. Article VII of the Zoning Code Plans shall be circulated to the Commissioner of Public Works, Building Inspector, Zoning Officer and Police Commissioner for their review and comment.
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 § 228-68 and the general protection of the health, safety and welfare of the citizenry.
[Amended 1-13-2003 by Ord. No. 2003-1; 4-11-2011 by Ord. No. 2011-09]
The annual fee for processing the application
for a sidewalk or outdoor cafe permit shall be $250.
[Amended 5-9-1994 by Ord. No. 94-15]
The person or persons to whom a permit for a
sidewalk cafe is issued shall be liable and shall indemnify the City
for any loss, damage or injury sustained by any 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 Schenectady as additional insured, prior to the issuance of the
permit, in the amounts for liability insurance of not less than $1,000,000
for each person, and $1,000,000 for each accident and for property
damages in an amount not less than $250,000 with an aggregate of $500,000
for each injury.
The Building Inspector's Office and the Police
Department shall be responsible for monitoring compliance with the
terms of this article and applicable rules and regulations. The Office
of Consumer Protection shall have the authority to revoke or suspend
a permit upon the finding of a violation of any applicable rule, regulation,
ordinance, local law or statute or upon good cause shown.
Appeals from the issuance, denial, revocation
or other condition of a permit may be taken to the Board of Zoning
Appeals (BZA) by any aggrieved person within 30 days from the date
of the issuance, denial or revocation by filing a written notice with
the Office of Consumer Protection on forms prescribed by the Board.
The BZA shall publish a legal advertisement and mail notice to property
owners located within 100 feet of the proposed cafe. The BZA appeal
fee shall be $50 to cover these costs. Each appeal shall refer to
the specific relevant provision of the article, 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.
Upon receipt of an appeal of a permit denial,
revocation or issuance, the Office of Consumer Protection 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 Office of Consumer Protection and the Corporation Counsel.
A copy shall be sent to the appellant.
Upon receipt of a permit application, the Office
of Consumer Protection shall send a copy of the application to the
Building Inspector, City Engineer, Zoning Officer and Police Commissioner.
Comments and recommendations shall be accepted for a period of 14
days from the date of distribution. Notice of permit issuance, with
any conditions or restrictions attached, will be similarly distributed.
The permit holder shall post the permit upon issuance on the establishment
so that it is visible from the street and shall keep the same posted
for the term of the permit.
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 to the City in good condition, damage by 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 9:00 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.
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 and shall be installed so that direct or
indirect illumination from the source of light shall not cause illumination
in excess of 0.5 footcandles on any abutting property. 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 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 and shall be installed so that direct
or indirect illumination from the source of light shall not cause
illumination in excess of 0.5 footcandles on any abutting property.
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 structure
or accessories. Outdoor cafes and those cafes operating entirely on
private property, are excepted from the above requirements of this
section; however, if either type of cafe is located in an historic
district, additional requirements relative to signage and other exterior
elements that are set forth in the historic district's ordinance are
applicable.
For sidewalk cafes using City property for operation,
there shall be a minimum of five feet or 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. The actual amount
of clearance space needed will be based upon two 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 8-29-1994 by Ord. No. 94-29]
A.
Any person violating the provisions of this article
may be issued a notice of violation by the Office of Consumer Protection,
the City Building Inspector or the Schenectady Police, and if such
violation continues beyond the time stated in the notice of violation
for its abatement, it shall constitute an offense against the provisions
of this article.
[Amended 7-1-1996 by Ord. No. 96-37]
B.
An offense against the provisions of this article
shall constitute a violation and shall be punished by a fine not to
exceed $1,000, immediate revocation or suspension of permit privileges
and/or a jail term not to exceed 15 days or a term of community service
not to exceed 15 days or by a civil compromise after a hearing on
the violation.
C.
Any person issued a notice of violation pursuant to
any provision of this article, where the same has not been withdrawn
by administrative appeal or dismissed by a court of competent jurisdiction,
shall be subject to an administrative fee of $50, and such administrative
fee shall be charged against the land upon which the notice of violation
was issued as a municipal lien and, if unpaid, such administrative
fee shall be added to the tax rolls as an assessment or levied as
a special tax against said property or recovered in a civil suit against
the person to which the notice of violation was issued.
[Added 7-1-1996 by Ord. No. 96-37]
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 article shall be adjudged invalid, such adjudication
shall apply only to the section, paragraph, subdivision, clause or
provision so adjudged, and the remainder of this article shall be
deemed valid and effective.
Inasmuch as no other agent or agency is involved
in the enactment of this legislation, the City Council hereby declares
itself lead agency and, upon review of the environmental assessment
form (EAF) filed with respect thereto, finds such enactment to be
an unlisted action having no adverse impact upon the environment.
