Exciting enhancements are coming soon to eCode360! Learn more 🡪
City of Utica, NY
Oneida County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
Code
New Laws (17) Index
[1]
Editor's Note: Ord. No. 98, adopted December 19, 2007, enacted provisions intended for use as article VII, §§ 2-23-210—2-23-232. Inasmuch as there are already provisions designated as § 2-23-210, and at the discretion of the editor, designated as § 2-23-210, and at the discretion of the editor, said provisions have been redesignated as article VII, §§ 2-23-211—2-23-233.
[Ord. No. 98, 12-19-2007]
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:
(1) 
To ensure adequate space for pedestrians on the sidewalk adjacent to sidewalk and outdoor cafes.
(2) 
To preserve and enhance the character of neighborhoods through the City and to protect the adjacent residential areas.
(3) 
To simplify administrative and strengthen enforcement procedures for sidewalk and outdoor cafes that are effective, efficient and enforceable.
(4) 
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.
[Ord. No. 98, 12-19-2007]
This article shall be known as the "Sidewalk and Outdoor Cafe Ordinance."
[Ord. No. 98, 12-19-2007]
For the purposes of this article, the following terms shall include each of the meanings set forth:
NONRESIDENTIAL DISTRICTS
Those areas of the City designated by the zoning districts, §§ 2-29-131—2-29-134, as C-C, C-CBD, C-H, I-1, I-2, LC, PD.
OUTDOOR CAFE
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.
PERMIT
Written authorization issued by the City Engineer pursuant to this article permitting the operation of either a sidewalk or outdoor cafe.
RESIDENTIAL/MIXED-USE DISTRICTS
Those areas of the City designated by the zoning districts, §§ 2-29-131 through 2-29-134, as RS-1, RS-2, RT-1, RM-1, C-N, O-A, O-P/R.
SIDEWALK 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 open to the elements except for optional awnings and/or temporary low walls or fences.
[Ord. No. 98, 12-19-2007]
(a) 
No sidewalk or outdoor cafe shall be allowed to operate in any outdoor area unless a permit has been obtained from the City Engineer.
(b) 
Any request for the use of such an area for such purpose shall be made in writing to the City Engineer, in the form of a permit application.
[Ord. No. 98, 12-19-2007]
The City Engineer shall establish rules and regulations necessary to carry out the purposes of this article.
[Ord. No. 98, 12-19-2007]
Any request or application for a permit to operate a sidewalk or outdoor cafe shall be made to the City Engineer or his or her designated agent, in writing, on the application form provided by the City Engineer'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. The request/application shall include:
The name, address and telephone number of the applicant
The name, address and telephone number of the restaurant to be the subject of the application. The days and hours for which the permit is requested.
Whether alcoholic beverages are to be served
The number of tables and chairs desired for this area and a rendering of positions of tables relative to entrances, exits and the sidewalk
A description of facilities and equipment to be used, including whether live or mechanically reproduced music is to be played and the other devices needed for amplification of sound, when applicable
A site plan, drawn to scale, showing proper clearance around ingress and egress to building and to fire safeguards; also proper amount of clearance on sidewalk for pedestrian traffic
Drawing shall include the size and placement of any trash receptacles
Proof of insurance, in amounts required by the Corporation Counsel
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
A survey map indicating property lines and that property which is owned by the applicant and that which is City-owned
Any other information that the City Engineer may find reasonably necessary for the fair determination as to whether a permit should be issued
[Ord. No. 98, 12-19-2007]
Upon receipt of a permit application, the City Engineer shall send a copy of the application to the Codes Commissioner, City Engineer, Director of Planning and Council persons 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 seven 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.
[Ord. No. 98, 12-19-2007]
The City Engineer 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.
(2) 
The applicant has met all other applicable provisions in this article and those in the building code, the zoning ordinance and, if located in a historic district, the scenic and historic ordinance.
(3) 
Notwithstanding the foregoing, the City Engineer may deny a permit upon a finding that:
a. 
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.
b. 
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.
(4) 
The City Engineer 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 the Departments of Law, Urban and Economic Development, Fire, Police, Traffic Engineering; the Council person representing the area in which the proposed cafe is to be located.
[Ord. No. 98, 12-19-2007]
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 and protection of the health, safety and welfare of the citizenry.
[1]
Editor's Note: Former Sec. 2-23-220, Fees, adopted 12-19-2007 by Ord. No. 98, was repealed 6-5-2012 by Ord. No. 128.
[Ord. No. 98, 12-19-2007]
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 as additional insured, prior to the issuance of the permit, in the amounts specified by the Corporation Counsel.
[Ord. No. 98, 12-19-2007]
(a) 
The Codes Department, with the assistance of the City Police Department and the Department of Urban and Economic Development, shall be responsible for monitoring and enforcing compliance with the terms of this article and applicable rules and regulations.
(b) 
The City Police Department or the Department of Urban and Economic Development shall, upon the discovery of a violation of this article or other applicable rule, regulation, ordinance, local law or statute, prepare and submit to the Codes Commissioner a report of such violation in such form as agreed upon by the Codes Commissioner and the Chief of Police or his or her designee.
(c) 
Upon a finding of such violation of this article or other applicable rule, regulation, ordinance, local law or statute, or upon other good cause shown, the City Engineer may revoke a permit, or may request the Corporation Counsel to make an application to City Court for an order determining that the cafe constitutes a nuisance and directing that it shall be removed, or both.
[Ord. No. 98, 12-19-2007]
Appeals from the issuance, denial, revocation or other condition of a permit may be taken to the Board of Zoning Appeals (ZBA), by any aggrieved person, within 30 days from the date of the issuance, denial or revocation, by filing a written notice with the Commissioner of Urban and Economic Development on forms prescribed by the ZBA. 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.
[Ord. No. 98, 12-19-2007]
Upon receipt of an appeal of a permit denial, revocation or issuance, the Commissioner of Urban and Economic Development shall transmit the appeal and all pertinent data and records to the ZBA, 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 City Engineer and Corporation Counsel. A copy shall be sent to the appellant.
[Ord. No. 98, 12-19-2007]
Property shall be cleaned and kept refuse-free. Trash containers shall be placed on the cafe premises and their size must be made a part of the application to be approved. 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.
[Ord. No. 98, 12-19-2007]
(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.
[Ord. No. 98, 12-19-2007]
(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, 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.
[Ord. No. 98, 12-19-2007]
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 without City approval. 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 scenic and historic commission ordinance are applicable.
[Ord. No. 98, 12-19-2007]
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. The City Engineer may, at his/her discretion, alter the requirements of this section.
[Ord. No. 98, 12-19-2007]
Establishments that have created outdoor cafes prior to the adoption of this article and such cafes include permanent structures constructed of wood, bricks, stone or similar materials, and that are affixed to the main structure and cannot be easily removed without damaging or significantly changing the appearance of the main structure are hereby exempt from the requirements of this article.
[Ord. No. 98, 12-19-2007]
An offense against the provisions of this article shall constitute a violation and shall be punishable pursuant to section 2-1-7.
[Ord. No. 98, 12-19-2007]
Permits shall be issued on or after May 1 of each year. All permits, regardless of when issued, shall expire on April 30th of every year. Applications for renewal of permits shall be made in the same manner as original applications. Permits are not assignable.