1999-06 Outdoor Seating Regulations. ORDINANCE NO. 06-99
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING
SECTION 45-36, GENERAL PROVISIONS, OF ARTICLE III,
DISTRICT REGULATIONS, OF APPENDIX C-ZONING OF THE
CODE OF ORDINANCES OF THE VILLAGE BY ADDING A
SUB-SECTION Q THERETO PROVIDING FOR AND
REGULATING OUTDOOR SEATING FOR FOOD SERVICE
ESTABLISHMENTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA:
i n Section 45-36, General Provisions, of Article III, District Regulations,
. of Appendix C-Zoning of the Code of Ordinances of the Village is hereby amended by the addition
ofsub-section Q to read as follows:
"Q. Outdoor Seating.
(1) Applrcabilrry. Outdoor seating shall be permitted as an accessory use to a
building in which a food service establishment is operated, provided that:
(a) The outdoor seating area is adjacent to that portion of the food service
establishment which is inside the building.
(b) The outdoor seating is located on property which is either owned or
leased by the adjacent food service establishment or the landlord of such food
service establishment.
(c) The outdoor seating can be accommodated without impeding the
access of the general public, including persons with disabilities, to the portion
of the food service establishment which is located inside the building, or to
any other commercial business or other use.
• (d) The outdoor seating can be accommodated without creating a need for
additional pazldng spaces which could not be provided on the same site as the
building for which the outdoor seating would be an accessory use or would
• create anon-conforming status for existing parking provided for such
building.
(e) No outdoor seating shall be permitted for adult entertainment
establishments.
(2) Permitting process. An applicant for approval of outdoor seating shall
include the proposed outdoor seating as part of an overall application for a building
permit and/or Certificate of Appropriateness or shall seek amendment of an existing
building permit and/or Certificate of Appropriateness to allow for outdoor seating,
pursuant to the applicable provisions of this Code. Every application involving
outdoor seating shall include the following, in addition to and not in place of anything
else which may otherwise be required by any other provision of this Code:
(a) A site plan, drawn to scale, which shows at least the building for which
outdoor seating will be an accessory use, the location of the food service
establishment which will use the outdoor seating, the location of the outdoor
seating and all related fencing, screening, or dividing materials, the location
' of any sidewalks or other pedestrian walkways or passageways which are
adjacent to or will be affected by the outdoor seating, and the location of all
existing or additional parking for such building.
. (b) A copy of the written consent of any person or business who other
than the applicant owns or leases any property, including any sidewalk or
other public passageway, upon the outdoor seating would be located.
(c) Photographs, renderings, or samples showing the style and color of all
furnishings, fencing, screening, or dividing material to be used for or in
conjunction with the outdoor seating.
(3) Co»dttiorrs ojoutdoor seating. Outdoor seating shall comply at all times with
the following conditions:
(a) Outdoor seating shall be arranged, when in use, in a manner that
allows a pedestrian walkway in compliance with applicable building codes and
fire codes.
(b) Outdoor seating located on a pedestrian walkway which provides
access to more than one occupant of a building, as in a shopping center, shall
be arranged, when in use, in a manner that maintains a passage of not less
than 5 feet in width.
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(c) Outdoor seating of an applicant shall not be located on any sidewalk,
• passageway, or other property adjacent to any other business.
(d) Outdoor seating shall not occupy any area designated for parking.
(e) Outdoor seating which is used for the service and sale of food or
beverages of any kind within the outdoor seating area, shall be physically
separated and visually distinct from any immediately adjacent public
passageway or walkway by means of approved fencing or screening material
which is not less than 2 feet in height, by means of one or more planter boxes
and other plant container, by means of some other approved divider, or any
combination of such means, but not including. tables, chairs or other seating.
(f) Outdoor seating areas may only contain tables, chairs, umbrellas
and/or awnings and required fencing or screening materials. All such
equipment shall be compatible in color and style with the exterior of the
building and shall not contain or have affixed to it any sign, lettering or
advertising of any kind.
(g) Outdoor seating shall be maintained in a secure manner, whenever the
' food service establishment is closed to the public.
• (h) Establishments with outdoor seating with food and beverage service
shall meet all health code and other applicable code requirements of
restaurants.
(i) Any permanent or temporary structures associated with outdoor
seating, including, but not limited to, awnings and covered roofs shall not
encroach into the required building setback areas. Tables, chairs, umbrellas,
fencing, screening and dividing materials shall not be located closer to the
property line than two-thirds of the required front, side or rear building
setback.
(4) Limitations on use. Except for outdoor seating located in an inner court:
(a) All sales and service of food and beverages in an outdoor seating area
are prohibited between the hours of 10:30 P.M. and 7:00 A.M., Sunday
through Thursday, and between the hours of 11:00 P.M. and 7:00 A.M.,
Friday through Saturday.
(b) Outdoor seating areas shall be in compliance with the Village's noise
regulations.
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5. General rec/tiirements. Outdoor seating which increases the total number of
• seats available at a food service establishment shall be considered an expansion of use.
Such outdoor seating shall be included in any calculation of the total number of seats
provided by the food service establishment but not limited to parking, restroom
facilities and occupational license fees."
i 2. If any section, paragraph, sentence, clause, phrase or word of this
Ordinance is for any reason held by a Court to be unconstitutional, inoperative or void, such holding
shall not affect the remainder of this Ordinance.
Section 3 All Ordinances or parts of Ordinances in conflict herewith are hereby
repealed.
i 4. This Ordinance shall take effect immediately upon passage.
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PLACED ON FIRST READING THIS 14th DAY OF JANUARY , 199 9
PLACED ON PUBLIC HEARING THIS 28th DAY OF JANUARY , 199.9
PLACED ON SECOND, FINAL READING AND PASSED THIS 28th DAY OF
JANLIARY , 199.
(VILLAGE SEAL)
ATTEST:
VILLAGE CLERK ~ C///!~-~
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