HomeMy WebLinkAbout28. 18-271 MAY 8, 2018 18-271 ORDINANCE
FIRST READING
(CARRIED 7-0 LOST LAID OVER WITHDRAWN )
PURPOSE: REPEAL AND RECREATE SECTION 25-62 SIDEWALK CAFE
INITIATED BY: COMMUNITY DEVELOPMENT
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH REPEALING AND
RECREATING SECTION 25-62 SIDEWALK CAFE.
The Common Council of the City of Oshkosh do ordain as follows:
SECTION 1. That Section 25-62 Sidewalk Cafe is hereby repealed and recreated to
read as follows:
SECTION 25-62 SIDEWALK CAFE
(A) Purpose
To further encourage the revitalization of selected commercial areas of the City of
Oshkosh, including the development and enhancement of social and economic
activity.
(S) Definitions
(1) Sidewalk Cafe: An extension of a full service restaurant, coffee shop, tavern
Establishment creating an outdoor seating space on part of the public right-
of-way that immediately adjoins the parcel on which the Establishment is
located for the purpose of consuming food or beverages.
(C) Permit Required
A Sidewalk Cafe Permit must be obtained before constructing and operating a
Sidewalk Cafe in the City of Oshkosh. No person shall place any seating, tables,
or other property within the right-of-way, and/or sell any food and/or beverages
unless such a Permit has been issued.
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(1) The Department of Community Development shall be responsible for
reviewing, and approving or denying Permit applications in consultation
with the Department of Public Works and all other departments affected by
the application.
(2) Before a Sidewalk Cafe Permit will be issued, an Establishment's
application, and corresponding site plan, shall be reviewed for approval by
the Site Plan Review Committee. During the review, any concerns with the
site plan will be addressed and communicated to the applicant. All issues
and concerns must be addressed before final approval of the application.
(3) The Permit shall not be transferrable either through person or premise.
(4) All applications shall include at least the following information. The Site
Plan Review Committee, Department of Public Works, and/or Department
of Community Development may request additional information at their
discretion for individual circumstances.
(a) Completed application form and application fee.
(b) A scaled site plan which depicts the dimensions of the existing
sidewalk area and adjacent property, the location of the proposed
Sidewalk Cafe, size and number of tables, chairs, planters,
umbrellas, location of doorways, trees, bus shelters, sidewalk
benches, bike racks, trash receptacles, or any other sidewalk
obstructions either existing or proposed, within the right of way
area where the Sidewalk Cafe is proposed and within 5 feet in any
direction beyond the proposed Sidewalk Cafe.
(c) Photographs, drawings, or manufacturer's brochures fully
describing the appearance and dimensions of all proposed tables,
chairs, umbrellas, or other objects relating to the Sidewalk Cafe.
(d) Copy of a current certificate of insurance in the amount and
categories required by section (G) of this Ordinance.
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(5) A Sidewalk Cafe Permit does not grant the Permit holder the exclusive use
of the public right-of-way.
(a) All public improvements including, but not limited to trees, light
poles, traffic signals, manholes, or any public initiated maintenance
procedures, shall take precedence over the use of the public right-of-
way pursuant to the Sidewalk Cafe Permit at all times.
(b) Permits issued under this section do not include permission from the
City to operate at any time that a permitted Special Event would
close the street and/or sidewalk in front of the sidewalk cafe to
normal use or traffic. In those cases, the establishment and the
Special Events organizers may agree that the Sidewalk Cafe may
remain open during the Special Event. It is not the City's
responsibility to provide notifications or arrangements regarding
Sidewalk Cafes and Special Events, but shall be the responsibility of
the Establishment.
(6) The approval of a Sidewalk Cafe Permit is conditional at all times. A
Sidewalk Cafe Permit may be withdrawn or cancelled by the City at its
discretion when necessary to protect the public health, safety, or welfare; to
protect City facilities; to prevent a nuisance from developing or continuing;
in emergency situations;or due to noncompliance with this Section, the City
Municipal Code, or applicable state or federal law.
(7) The Sidewalk Cafe Permit is valid from April 1st through October 31s'of any
year and may be renewed.
(D) Location
(1) Sidewalk Cafes may be permitted on public sidewalks adjacent to parcels
zoned Central Mixed Use (CMU), Urban Mixed Use (UMU), and Riverfront
Mixed Use (RMU).
(2) Sidewalk Cafe outdoor seating areas may be located only on public
sidewalks that are able to maintain an unobstructed, Americans with
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Disabilities Act (ADA) compliant, five (5) foot public sidewalk adjacent to
the right-of-way line, plus an unobstructed two (2) feet from established
face of the curb or street where the Sidewalk Cafe is to be located, and shall
not otherwise be in conflict with the City's Municipal Code. Establishments
seeking a variance for the location of the Sidewalk Cafe which would allow
its location adjacent to the right-of-way line shall comply with all applicable
laws and conditions for approval of the variance, including providing a
total of at least seven (7) feet (5 ft ADA sidewalk plus 2 ft from curb) of
space between the Sidewalk Cafe and curb.
(3) Sidewalk Cafes shall remain within that part of the right-of-way that is
adjacent to the Establishment's parcel in the space defined by the parcel's
property lines extended to the street. An Establishment located within a
parcel containing multiple tenants may, for purposes of this Ordinance,
utilize the whole parcel boundaries when developing a location for
Sidewalk Cafe.
(a) An Establishment may request that their Sidewalk Cafe extend into
an adjacent parcel's public sidewalk area that is not being used as a
Sidewalk Cafe provided the City is first presented with written
consent from the neighboring property owner(s), and business
owner(s) if the property is leased, and after the City determines that
such an extension will not be a detriment to City facilities or to the
public's health, safety, and welfare.
(b) At any time, the adjacent property owner or business owner may
terminate its consent for the use of the extended Sidewalk Cafe
within their previously approved area. Said termination shall be
submitted in writing to both the City and Sidewalk Cafe Permit
holder.
(4) An ADA-compliant sidewalk that is a minimum of five (5) feet of
unobstructed public pedestrian walkway adjacent to the right-of-way shall
always be maintained. Additionally, a two (2) foot unobstructed area from
the established face of the curb or street shall also always be maintained.
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Sidewalk Cafes are expected to be located near the street, with the ADA
compliant sidewalk adjacent to the right-of-way line, along with a 2 foot
buffer adjacent to the face of the curb or to the street if no curb exists.
Variance requests to allow a Sidewalk Cafe adjacent to the right-of-way line
may be allowed on a case-by-case basis, depending upon compliance with
all applicable rules and regulations, locations of adjoining or nearby
Sidewalk Cafes, as we well as best practices and/or other requirements
adopted or implemented by the City.
(5) No part of the Sidewalk Cafe shall obstruct access to any fire hydrant nor
obstruct the view of any fire hydrant from the street.
(6) No Sidewalk Cafe shall be permitted within five (5) feet of the sides of bus
stops or bus shelters, nor permitted in a manner that interferes with the use
of bus stops, including use of the rear doors of a bus, or interferes with the
ingress or egress from any bus shelter.
(7) No portion of a Sidewalk Cafe shall be located within five (5) feet of a curb-
cut, a marked crosswalk, or any object intended to have public access,
including but not limited to, a sidewalk bench, bike rack, kiosk, etc. No
portion of a Sidewalk Cafe will be allowed to be located within a vision
triangle at street intersections as defined by the Municipal Code.
(8) No portion of a Sidewalk Cafe shall be located to obstruct any truck, freight,
or passenger loading zone, nor adjacent to any disabled parking space.
(9) At least one (1) unobstructed entrance of at least three (3) feet in width shall
be maintained to allow sufficient public entry/exit to the Sidewalk Cafe.
(10) No Sidewalk Cafe shall be placed on any grass, lawn, or any unpaved areas
of the right-of-way.
(11) No portion of the Sidewalk Cafe shall be used for food or beverage
preparation, storage or refrigeration.
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(E) Restrictions
(1) Signage
No signs shall be permitted in the Sidewalk Cafe area except the following:
(a) Table umbrellas with the Establishment's business name printed
thereon or name(s) of products sold at the business.
(b) Sandwich board signs or any other signs for which the Establishment
has obtained the appropriate permits.
(c) A hand-held menu provided to patrons by the Establishment shall
not be considered a sign. Tabletop documents such as beverage lists
or information pertaining to the Establishment shall not be
considered signs if they are not more than 9 x 12 inches.
(d) Except as explicitly allowed herein, off-premise signage or
advertising shall be prohibited.
(e) Informational Signage — An Establishment's Sidewalk Cafe shall
display signage outlining the rules and use of the Sidewalk Cafe.
Language should include, and is not limited to:
- Sidewalk Cafe hours of operation
- Sidewalk Cafe tables and chairs must be vacated by 10:00
p.m.
- Customers must be seated to be served at the Sidewalk Cafe
- No carry-ins or carry-outs allowed at the Sidewalk Cafe
(2) Use of Public Property
(a) No Establishment, or any person using a Sidewalk Cafe, may use
any public property such as light poles or other utility poles, flower
planters, trees, or other amenities as a point of attachment for
anything, including ropes, posters, signs, or electrical cords.
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(b) No Establishment, or any person using a Sidewalk Cafe, may use
public electric receptacles for any purpose.
(3) Obstruction of Traffic
No Establishment may place, construct, or maintain fencing, a barrier, or
any other object that would obstruct the view for traffic on the streets,
alleyways, driveways, or for any other vehicle traffic path.
(4) Furnishings
(a) Furniture shall be in good repair, safe, sturdy, and designed for
outdoor use.
(b) Furniture and equipment shall enhance the aesthetics of the
surrounding area.
(c) Umbrellas and other decorative material shall be wood, canvas,
cloth, plastic metal or similar material.
(i) Umbrellas shall be stabilized to prevent them from being
lifted from their holders or blown over by wind. No use or
alteration of City property shall be allowed to achieve
umbrella stabilization.
(ii) No portion of an umbrella shall be less than six feet eight
inches (6'8") above the sidewalk.
(d) All furnishings shall be readily removable and shall not be
physically attached, chained, or in any manner affixed to any
structure, wall, tree, post, sign, or other fixture, curb, or sidewalk.
(e) The City, its officers, employees, agents, and volunteers shall not be
responsible for Sidewalk Cafe furniture, equipment, fixtures,
fencing, or personal property that are lost, stolen, relocated, or
damaged.
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(f) All furnishings, which includes all furniture, equipment, fixtures,
fencing, and personal property, shall be removed daily from the
public right-of-way by the end of that business day. Use of the
Sidewalk Cafe for any purpose after 10:00 p.m. is prohibited.
(g) No open flames, propane tanks, or other flammables shall be located
in a sidewalk cafe.
(6) Dates and Hours
(a) A Sidewalk Cafe may be open for business between the hours of 7:00
a.m. and 10:00 p.m.
(b) A Sidewalk Cafe shall not be used for any purpose during hours
when food or beverage service is not available.
(c) A Sidewalk Cafe shall be allowed only from April 1St until October
31St
(7) Lighting
Lighting shall be shielded so as not to shine directly onto the street or
adjoining property, or create a glare that is distracting to adjoining property
users, pedestrians, or to vehicles in the street.
(8) Music/Noise
The Establishment shall not direct or allow to be directed, music into the
sidewalk cafe area by means of outdoor speakers or jukeboxes,nor shall the
license holder allow live music in the Sidewalk Cafe area.
(9) Patron Service
(a) No person may be served in the Sidewalk Cafe unless seated.
Sidewalk Cafe capacity is limited to the number of seats in the cafe.
For further clarification, and without limitation, the Establishment is
responsible for all requirements related to its patrons and guests
related to its Sidewalk Cafe, including Americans with Disabilities
Act compliance.
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(b) During the Sidewalk Cafe's operating hours, patrons being served
within the Sidewalk Cafe shall count towards the Establishment's
allowed capacity.
(10) Sidewalk Cafe Maintenance
(a) The Establishment shall remove all trash from the Sidewalk Cafe on
a regular basis during business hours, and shall keep the Sidewalk
Cafe area in a clean, orderly, litter-free and hazard-free condition.
(b) The Establishment shall remove litter from the sidewalk, street, and
abutting properties which may have come from the Sidewalk Cafe.
(c) The Establishment shall not place any solid waste in the City solid
waste containers.
(F) Service of Alcohol Beverages
An Establishment may sell and serve alcohol beverages in a Sidewalk Cafe only if
the Establishment complies with all the requirements for obtaining an alcohol
beverage license, and the Sidewalk Cafe is listed on the alcohol beverage license
application, and is approved by the City, as being an extension of the
Establishment's licensed premises. Alcohol may be served at Sidewalk Cafes
under the following conditions:
(1) The Establishment has a valid and appropriate alcohol beverage license for
its principal premises.
(2) The Establishment's approved alcoholic beverage license includes the
Sidewalk Cafe in the description of the licensed premises. The
Establishment may request that the Sidewalk Cafe be included in the
description of the licensed premises by filing a written explanation of the
purpose, intent and operation of the Sidewalk Cafe with the City Clerk, as
well as by providing all other information requested by the City that the
City believes is necessary to evaluate the request.
(3) Alcohol beverages may only be sold and served to patrons seated at tables
in the Sidewalk Cafe.
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(4) Alcohol beverages may only be served by a licensed bartender in
compliance with alcohol beverage laws, ordinances, and regulations.
(5) No beverages shall be prepared in the Sidewalk Cafe area.
(6) The Establishment shall be responsible for monitoring the Sidewalk Cafe
area to prevent underage persons from entering or remaining in the
Sidewalk Cafe, except when underage persons are otherwise allowed to be
present on the Establishment's principal licensed premises under
applicable laws.
(7) The Establishment shall not allow patrons of the Sidewalk Cafe to bring
alcohol beverages into the Sidewalk Cafe from another location,nor to carry
open containers of alcohol beverages about in the sidewalk cafe area,nor to
carry alcohol beverages that were served in the Sidewalk Cafe outside the
Sidewalk Cafe.
(8) The service area from which the alcohol beverages are dispensed shall be
located indoors within the Establishment's principal premises and shall not
be located in the Sidewalk Cafe area.
(9) The Establishment may begin serving alcohol beverages within the
Sidewalk Cafe at 7:00 a.m. The last call for alcohol beverages within the
Sidewalk Cafe shall be at 9:30 p.m. All alcoholic beverages must be
removed from the Sidewalk Cafe by 10:00 p.m.
(10) The City Manager, Chief of Police, Director of the Department of Public
Works, Transportation Director, or their designees, may, with or without
notice, close a Sidewalk Cafe at any time if the health, safety, welfare, or
good order of the City is at risk or threatened, or to preserve the condition
of City facilities.
(G) Liability Insurance
No Establishment shall be issued a Sidewalk Cafe Permit without providing proof
of sufficient liability insurance covering the Sidewalk Cafe area in the following
minimum amounts:
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Commercial general liability: $1,000,000 per occurrence/general aggregate per
location.
Employer's liability: $300,000 policy limit; $100,000 per employee.
(1) The Permit holder agrees to indemnify, defend and hold the City, its
employees and agents harmless against all claims, liability, loss, damage,or
expense incurred by the City as a result of any injury to or death of any
person or damage to property caused by or resulting from the activities for
which the Permit is granted. The City may, at its discretion, establish an
additional document setting forth more specific indemnification and hold
harmless language that may be required from the Establishment prior to
the issuance of a Sidewalk Cafe Permit.
(2) As evidence of liability insurance, the Permit holder shall furnish a
Certificate of Insurance, on a form acceptable to the City, evidencing the
existence of adequate liability insurance naming the City of Oshkosh as
additional insureds using terms acceptable to the City.
(3) Whenever such an insurance policy is cancelled,not renewed, or materially
changed, the insurer and the Permit holder shall notify the City of Oshkosh
by certified mail or personal service. In the case of cancelled or non-
renewals, the City shall be notified at least thirty (30) days before
cancellations or non-renewals.
(H) Variances.
Variances to any of the above Sidewalk Cafe requirements may be granted by the
Common Council.
(1) A property owner, or the licensed establishment operating on the
property seeking a variance of any rule or requirement identified in this
Section of the Municipal Code shall submit a detailed written request to
the Department of Community Development. City staff shall review the
request and provide a staff recommendation to the Common Council. The
Common Council will consider the following, in addition to any other
relevant factor, when reviewing variance requests:
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a. The variance will not be contrary to the public interest;
b. Substantial justice will be done by granting the variance;
C. The variance is need so that the spirit of the ordinance is observed;
d. Due to special conditions, a literal enforcement of the provisions of
the Sidewalk Cafe Ordinance will result in unnecessary hardship.
(2) The City's allowance of Sidewalk Cafes in certain circumstances on the
public right-of-way is not intended to grant, and shall not grant, any
property rights within the public right-of-way to property owners,
licensed establishments, or others. Therefore, variances or exceptions
shall be at the sole discretion of the Common Council based upon a
review of all facts of each circumstance. The Common Council may
approve or deny the request as submitted, or approve the request in party
subject to any condition considered appropriate by the Common Council
for each circumstance.
SECTION 2. This Ordinance shall be in full force and effect from and after its
passage and publication.
SECTION 3. Publication Notice. Please take notice that the City of Oshkosh
enacted Ordinance #18-271 REPEAL AND RECREATE SECTION 25-62 SIDEWALK
CAFE on May 8, 2018. The Ordinance repeals and recreates section 25-62 Sidewalk Cafe
of the Municipal Code. The full text of the Ordinance may be obtained at the Office of the
City Clerk, 215 Church Avenue and on the City's website at www.ci.oshkosh.wi.us.
Clerk's phone: (920) 236-5011.
TO: Honorable Mayor and Members of the Common Council
FROM: Kelly Nieforth, Economic Development Services Manager
DATE: May 2, 2018
RE: Repeal and Recreate Section 25-62 Sidewalk Cafe
BACKGROUND
In order to encourage additional development and stimulate social activity in the central city,
the City developed a section in the Municipal Code which allows outdoor seating in selected
Downtown and Main Street areas in the City. The Sidewalk Cafe section was created in 2011
after N. Main Street was reconstructed.
Many businesses opted to apply for a Sidewalk Cafe Permit through Planning Services to allow
their patrons to sit at tables and chairs on the sidewalk located in the right of way in front of
their establishment. All requirements in the code must be met in order for the permit to be
issued.
With the recent redevelopments in the central city outside of the original permitted area, City
staff has received multiple requests from those business owners to expand the permitted area in
order to allow them the ability to apply for a Sidewalk Cafe permit, should they meet all the
requirements.
ANALYSIS
City staff determined that expanding the permitted area to specific zoning districts in the central
city and redevelopment areas such as Central Mixed Use (CMU), Urban Mixed Use (UMU), and
Riverfront Mixed Use (RMU). The amendment would align with the City's Strategic Plan and
Imagine Oshkosh Plan to encourage additional development and pedestrian traffic in the city's
central city and waterfront area which would have an overall positive economic impact.
Staff has suggested multiple amendments to the existing code in order to allow additional
businesses the opportunity to utilize this seasonal use adjacent to their business. The majority
of the ordinance would remain the same such as preserving the required amount of right of way
for the sidewalk to meet city code and ADA code, no amplified music/sound being allowed on
City Hall, 215 Church Avenue P.O. Box 1 130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
the right of way, and the permit being valid from April 1St to October 31St each year. Annual
permit renewals would continue to be required so staff is able to review the use at each
individual business to ensure the code requirements are still being met.
Changes to the code include expanding the permitted areas for the Sidewalk Cafe permit and if
a variance from the code is desired, the petitioner must apply to the Common Council for review
and action.
FISCAL IMPACT
Repealing and recreating Section 25-62 Sidewalk Cafe of the Municipal Code will allow
businesses the opportunity to expand their presence and offer a new type of dining and social
experience to our citizens and visitors should they meet the code requirements. This will have a
positive economic impact on the city's redevelopment, waterfront, and central city areas which
will encourage additional development in the heart of the city.
RECOMMENDATION
Staff recommends repealing and recreating Section 25-62 Sidewalk Cafe of the Municipal Code.
Respectfully Submitted:
Kelly Nieforth
Economic Development Services Manager
Approved:
Mark A. Rohloff
City Manager
City Hall, 215 Church Avenue P.O. Box 1 130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
Proposed Permitted Areas for Sidewalk
Cafe Permijs (CMU, UMU &-.RMU Zonings)
The City of Oshkosh creates and maintains GIS maps and data for its own use. They may show the
approximate relative location of property, boundaries and other feature from a variety of sources.
These map(s)/datasets are provided for information purposes only and may not be sufficient or
appropriate for legal, engineering, or surveying purposes. They are provided "AS -IS' without
warranties of any kind and the City of Oshkosh assumes no liability for use or misuse.
N
1 in=0.47 mi
1 in = 2,500 ft
Printing Date: 5/3/2018
Prepared by: City of Oshkosh, WI
Oshkosh
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