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HomeMy WebLinkAbout2006-01-17 Ordinance M-1:3 * Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 ORDINANCE NO. 06-4195 ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "USE OF PUBLIC WAYS AND PROPERTY," CHAPTER 3, ENTITLED "COMMERCIAL USE OF SIDEWALKS," TO LIMIT FENCES TO THREE (3) FEET IN HEIGHT, TO REQUIRE A PEDESTRIAN WALKWAY IF A CAFE EXTENDS INTO ZONE 2 OF THE PLAZA, TO CLARIFY THE DEFINITION OF AMENITY, AND TO REQUIRE ANCHORED FENCING EXCEPT IN THE WINTER MONTHS, AND CHAPTER 5, ENTITLED "CITY PLAZA," SECTION 7, ENTITLED "USE OF CITY PLAZA," PARAGRAPH A TO CLARIFY THAT SIDEWALK CAFES ARE A PERMITTED COMMERCIAL USE IN CITY PLAZA. WHEREAS, sidewalk cafes are a use of public sidewalks and City Plaza that require a temporary easement; and WHEREAS, sidewalk cafes currently may be located in both Zones 1 and 2 in City Plaza; and WHEREAS, Zone 1 is the ten (10) foot strip directly abutting the private property lines, Zone 2 is the area not in Zones 1 or 3, and Zone 3 is the emergency/service lane that runs through the middle of City Plaza; and WHEREAS, the City Code presently requires eight (8) feet of unobstructed space adjacent to the front of sidewalk cafes in City Plaza to ensure a sufficient way for pedestrian travel; WHEREAS, the adjacency requirement creates complications for businesses in City Plaza wishing to have sidewalk cafes due to the presence of benches and other obstructions, but is unnecessary if sidewalk cafes are limited to Zone 1 unless a pedestrian walkway is provided. Zone 3 at its most narrow section still provides over twelve (12) feet of unobstructed way for pedestrian travel; WHEREAS, for reasons of public safety and to enhance design uniformity and aesthetics, the height of the fencing should be limited to three (3) feet; and WHEREAS, to facilitate snow removal, anchored fencing should not be allowed during the winter months; and WHEREAS, temporary fencing should not be allowed after the first year except in the winter months; and WHEREAS, although sidewalk cafes presently cannot use "public amenities," that term needs further defining; and WHEREAS, to aid in the processing of renewals of sidewalk cafe easement agreements, said agreements should all terminate on the same date; and WHEREAS, it is in the City's interest adopt these amendments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 1, entitled "Definitions," is hereby amended by deleting the definition of "sidewalk cafe" and by substituting in its place the following new definition of "sidewalk cafe: An outdoor area located temporarily on a public sidewalk contiguous with any side of a building wherein a restaurant is located and where food and beverages are taken for consumption by persons sitting or standing at tables in that area. Sidewalk cafes may be located on a platform on top of a public sidewalk if the director of public works or designee determines there is excessive slope in the sidewalk and approves the design, and if suitabie access is provided for person with disabilities. Fencing shall not be more than three (3) feet in height, measured from the plane on which the chair sits to the top of the railing excluding finials. Permitted sidewalk cafes must abide by the requirements and limitations as determined by city council. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 3, entitled "Use for Sidewalk Cafes," Paragraph A, entitled "Permitted Uses:' is hereby amended by deleting Subparagraph 2 in its entirety and by substituting in its place the following new Subparagraph 2: Sidewalk cafes in the city plaza will be permitted only in Zone 1 and Zone 2 if in conjunction with Zone 1, as those zones are defined in Chapter 5 of this Title. Title 10, entitied "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 3, entitled "Use for Sidewalk Cafes:' Paragraph B, entitled "Usable Sidewalk Cafe Area," is hereby amended by deleting it in its entirety and by substituting in its place the following new Paragraph B: M~ ~' Prepared by: Susan Dulek, Assl. City Attomey, 410 E. Washington 51., Iowa City, IA 52240 (319) 356-5030 ORDINANCE NO. 06-4195 ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "USE OF P L1C WAYS AND PROPERTY," CHAPTER 3, ENTITLED "COMMERCIAL USE OF SIDEWALKS," 0 LIMIT FENCES TO THRE 3) FEET IN HEIGHT, TO REQUIRE A PEDESTRIAN WALKWAY IF A CAFE EXTENDS INTO ZONE OF THE PlAZA, TO CLARIFY THE DEFINITION OF AMENITY., AND TO REQUIRE ANCHORED NCING EXCEPT IN THE WINTER MONTHS, AND CHAPTE 5, ENTITLED "CITY PLAZA," SECT N 7, ENTITLED "USE OF CITY PLAZA," PARAGRAPH TO CLARIFY THAT SIDEWALK CAF ARE A PERMITTED COMMERCIAL USE IN CITY PL WHEREAS, side Ik cafes are a use of public sidewalks and City Pia a that require a temporary easement; and WHEREAS, sidewalk 2 in City Plaza; and WHEREAS, Zone 1 is ten (10) foot strip directly abutting the priv e property lines, Zone 2 is the area not in Zones 1 or 3, and one 3 is Ihe emergency/service lane th runs through the middle of City Plaza; and WHEREAS, the City Code p sently requires eight (8) feet of obstructed space adjacent to the front of sidewalk cafes in City Plaza ensure a sufficient way for pe strian travel; WHEREAS, the adjacency requir ent creates complications r businesses in City Plaza wishing to have sidewalk cafes due to the pres ce of benches and at r obstructions, but is unnecessary if sidewalk cafes ar!llimited to Zone 1 unle a pedestrian walkw is provided. Zone 3 at its most narrow section still provides over twelve (12) feet 0 nobstructed WzY r pedestrian travel; WHEREAS, for reasons of public safety d to enhance esign uniformity and aesthetics, the height of the fencing should be limited to three (3) fee, and WHEREAS, to facilitate snow removal, an ored fe ing should not be allowed during the winter months; and WHEREAS, temporary fencing should not be ai w after the first year except in the winter months; and WHEREAS, although sidewalk cafes presently c n at use "public amenities," that term needs further defining; and WHEREAS, to aid in the processing of re ewals sidewalk cafe easement agreements, said agreements should all terminate on the same da ; and WHEREAS, it is in the City's interest adopt ese amend nts. NOW, THEREFORE, BE IT ORDAINED THE CITY CO NCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. Title 10, e titled "Use of Publi Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section ,entitled "Definition " is hereby amended by deleting the definition of "sidewalk cafe" and by substit ing in its place the folio ing new definition of "sidewalk cafe: An outdoor area located temporaril on a public sidewalk co iguous with any side of a building wherein a restaurant is located and w re food and beverages are aken for consumption by persons sitting or standing at tables in that are . Sidewalk cafes may be locat on a platform on top of a public sidewalk if the director of public wo or designee determines there i excessive slope in the sidewalk and approves the design, and if suit ble access is provided for person w h disabilities. Fencing shall not be more than three (3) feet in he; t, measured from the plane on which he chair sits to the top of the railing excluding finials. Permitt sidewalk cafes must abide by the re irements and limitations as determined by city council. Title 10, enmted "Use 0 Public Ways and Property," Chapter 3, enti ed "Commercial Use of Sidewalks," Section 3, entitl d "Use for Sidewalk Cafes," Paragraph A, enti! "Permitted Uses," is hereby amended by deletin Subparagraph 2 in its entirety and by substituting i its place the following new Subparagraph 2: Sidewalk cafes in th city plaza will be permitted oniy in Zone 1 and Zone 2 I in conjunction with Zone 1, as thoses zone are defined in Chapter 5 of this Title. Title 10, entitled' Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 3, entitled "Use for Sidewalk Cafes," Paragraph B, entitled "Usable Sidewalk Cafe Area," is hereby amended by deleting it in its entirety and by substituting in its place the following new Paragraph B: Ordinance No. Page 2 06-4195 1. Except in city plaza, a sidewalk cafe area may not extend onto the sidewalk in a manner that will not allow a minimum of eight (8) feet of unobstructed sidewalk for pedestrian use on the three sides of the cafe that don't abut the building. However, adjacent sidewalk cafes may abut each other. In city plaza, there must be a minimum of eight (8) feet of unobstructed sidewalk between the three sides of the sidewalk cafe that don't abut the building and any public elevated planter. If a sidewalk cafe extends into Zone 2 there must be a straight unobstructed pedestrian walkway, which is at least 5 feet wide, through the cafe in Zone 1. Said walkway shall be included within the sidewalk cafe area and as such, shall be under the control of the establishment and subject to the annual fee. The walkway must be delineated in such a manner that the entire cafe remains contiguous to the building. In the event that an adjacent establishment seeks to locate an abutting sidewalk cafe entirely in Zone 1 such that said walkway would end at the abutting cafe, within 30 days of written notice from the City said walkway must be relocated to Zone 2. 2. A sidewalk cafe area shall not be located in street corner areas defined by building lines extended to the street and no closer than ten feet (10') from an alley. 3. a. Except during the term of the initial easement agreement and from December 1 to February 28 thereafter, and with the exception of the entrances to the walkway required when a cafe extends into Zone 2, the area for a sidewalk cafe shall be delineated by anchored fencing. During the initial easement agreement and from December 1 to February 28, said area may be delineated by ropes or some other suitable method which shall be detectible by pedestrians who are visually impaired, and in such instance, tables, chairs and other items are to be removed at the end of the day's operation, and the sidewalk cafe area shall be restored to its normal condition as a pedestrianway. No items shall be stored on the public right-of-way unless there is anchored fencing. b. Anchored fencing in a public sidewalk is subject to the approval of the director of public works, or designee. If stored outdoors, tables, chairs, and other items shall be secured within the anchored fencing at the end of each day's operation so that they are unusable and shall not block or obstruct emergency exits. The owner shall be responsible for any damages to the sidewalk caused by the placement of any anchored fencing. A deposit shall be required prior to the placement of any anchored fencing on a public sidewalk and shall be returned when the sidewalk is restored to its prior condition. The amount of the deposit shall be set by resolution of the city council. 4. A sidewalk cafe may not utilize or encompass any public amenities, including but not limited to benches, seats, tables, trash receptacles, public art, bike racks, water spigots, kiosks, posting pillars, and pergolas. A sidewalk cafe in the plaza may encompass trees, tree rings and light poles but may not interfere with the care, maintenance or operation of a tree, tree ring or light pole. Access shall be available to the City for care and maintenance of trees, tree rings and light poles at all times. Amenities, including trees, tree rings and light poles shall be considered obstructions for purposes of the requirements in Section 10-3-3-8(1) for unobstructed walkways. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 3, entitled "Use for Sidewalk Cafes," Paragraph C, entitled "Days and Hours of Operation," is hereby amended by deleting Subparagraph 1 in its entirety and by substituting in its place the following new Subparagraph 1: A public right of way easement agreement shall be issued from February 1 through January 31. The initial agreement may be less than the one year, but shall expire on January 31. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 3, entitled "Use for Sidewalk Cafes," Paragraph E, entitled "Sidewalk Cafe Easement Agreement," is hereby amended by: 1) deleting the last sentence of Subparagraphs 1 in its entirety and by substituting in its place the following new sentence: An annual fee for easement agreements shall be established by council resolution; and 2) deleting subparagraph 5 and substituting the following in lieu thereof: 5. The use of public right of way permitted in the approved easement agreement shall in no way interfere with access to public or city utilities located and/or operated within the city's public right of way. In addition, each applicant shall be required to provide a certificate of insurance satisfactory to the city, and shall agree to hold the city harmless against any and all liability arising from or relating to the Ordinance No. Page 3 06-4195 operation of the sidewalk cafe or the location of the cafe on the public right-of-way including, but not limited to, all claims arising from occurrences or accidents within the sidewalk cafe area, including the walkway through a cafe. Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza:' Section 7, entitled "Use for City Plaza:' Paragraph A is hereby amended by deleting it in its entirety and by substituting in its place the following new Paragraph A: Commercial Use: No commercial use of city plaza is allowed except as authorized in this Title. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. PENALTIES FOR VIOLATION. The violation of any provision of this ordinance is a municipal infraction or a simple misdemeanor. SECTION IV. SEVERABI L1TY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. pa~r~)t~.Tanllary MAYOR - ,2006. ATTEST: }y, -, ~ ....-J k. ~ ~K [:~ I-/O-Ill, City Attorney's Office sue/ord/S-W Cafe OrdDS Ordinance No. 06-4195 Page ~ It was moved by Bailey and seconded by as read be adopted, and upon roll call there were: Champion that the Ordinance AYES: NAYS: ABSENT: x x x X Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn y x x First Consideration -------------------- Vote for passage: Second Consideration 1/10/06 Vote for passage: AYES: Bailey, Champion, Correia, Elliott, 0' Donnell, Vanderhoef, Wilburn. NAYS: None. ABSENT: None. Date published 1/25/06 Moved by Vanderhoef, seconded by Bailey, that the the rule requ~r~ng ordinances to be considered and voted on for passage at two Conncil meetings prior to the meeting at which it is to be finally passed be suspended, the first consideration and vote be waived and the ordinance be given second consideration at this time. AYES: Wilburn, Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef. NAYS: None. ABSENT: None.