Outdoor Dining & Umbrellas
Outside dining tables and chairs. Outside dining tables and chairs shall be primarily metal, cast concrete, wood or suitable composite material. Plastic chairs are prohibited but plastic tables may be permitted if covered with linens. Outside dining tables located in the right-of-way shall be temporary and portable. Outdoor dining in this district shall require the approval of the design review board. Outdoor dining shall be consistent with section 56-126.
Permanent lighting fixtures attached to the façade of the building require the approval of the design review board subject to the determination that such lighting is compatible with the design of the building and the ambiance of the district. All such lighting shall be white in color.
In addition to permanent fixtures, strings of low voltage light emitting diode (LED) type lights may be approved for year-round use by the city manager subject to the following:
- Lighting shall not exceed the following:
On the public sidewalk: 3.0 foot candles.
On private property: 5.0 foot candles.
- All lighting shall be powered by a source located on the private property and no wiring associated therewith shall cross a sidewalk or means of egress;
- All lighting shall be maintained in a safe and neat condition, proper working order and functioning in a safe manner;
- All lighting shall be white with the exception of lighting that the design review board has determined is consistent with the design theme of a building or business;
- All lighting shall be within the following temperature range:
- No twinkling or flashing light sources shall be permitted;
- Lighting shall consist of visible light sources, shall be attached to the drip edge of an awning or other horizontal façade feature in a linear fashion and shall be either “icicle” (individual light sources arranged vertically) or “strip” (individual light sources arranged horizontally) provided that in no instance shall the lighting hang below the minimum vertical clearance required for awnings;
- Wherever either icicle or strip lighting is installed, such lighting shall be installed uniformly to all awnings abutting the business or establishment to which they are affixed;
- No window frame lighting utilizing visible light sources shall be permitted in either inside or outside installation;
- Indirect lighting with no visible light sources may be permitted under awnings, arcades and overhangs;
- Lighting consisting of individual light sources may be installed on trees, plants, shrubs and other similar landscape features located on private property;
- Lighting shall be allowed on the first floor of the building only;
- In addition to the foregoing standards, the lighting shall be compatible with the structure on which it is located and the ambiance of the district. Should the city manager find that the proposed lighting is not compatible or if the petitioner wishes to deviate from any of these standards, the petition shall be referred to the design review board for review and approval.
Temporary lighting is permitted throughout the Fifth Avenue South Special Overlay District from November 15th through the following January 15th, or by approval of a special event permit approved by the city council. Temporary lighting shall be limited to the same provisions of section 58-1134(e)(16)a. above except that multicolored lighting shall be allowed and such lighting shall not be required to be arranged in a linear, icicle or strip configuration.
Exterior building colors shall be white or colored in the cream to coral range. Trim shall be white. Doors, shop fronts, window frames and shutters shall be any color at any saturation. Buildings in single ownership shall be of uniform facade and trim color unless there are architectural elements such as pilasters or engaged columns or a change in the plane of the facade defining the separate tenant spaces.
Signage, when provided, will be as follows:
Restaurant menu boards. The city manager may approve restaurant menu boards/boxes (signs which display the menu for a restaurant, which may include prices and daily specials) subject to the following criteria:
- There shall be only one sign per restaurant.
- The total area of the sign shall not exceed six square feet.
- The sign may be permanently installed on private property with no setback required, or within the right-of-way with the approval of the city manager.
Portable restaurant and valet signs; standards for valet parking. The city manager may approve (no building permit is required) one portable restaurant menu sign and one valet portable sign if the standard design is used. The city manager shall consider the following criteria:
- The sign shall be displayed only during hours of operation of the restaurant.
- The sign may be displayed on private property or within the right-of-way in such a manner as not to interfere with pedestrian or vehicular traffic.
- Portable restaurant signs shall be A-frame design with a dimension of 24 inches wide and 48 inches high.
- Valet signs shall be freestanding, may be two-sided, and shall be 24 inches wide and 30 inches high with the total height not exceeding 42 inches.
(Section 46-39(b)(1) b3)
Sidewalk sales in the Fifth Avenue South Special Overlay District or Third Street Commercial Area Special Overlay District are permitted only in conjunction with a district-wide special event approved for the respective district that includes an approved plan for a sidewalk sale. A separate permit is not required for each business participating in the approved event. Approval of a business association is not required.
Newspaper vending machines are not allowed on Fifth Avenue South.
Live entertainment, whether indoor or outdoor, must receive proper permits.
Prohibited uses means uses which are not listed as permitted including the following:
- Automatic food and drink vending machines, newspaper vending machines, at frontage lines;
- Any commercial use which encourages patrons to remain in their automobiles while receiving goods or services, except bank and pharmacy drive-throughs;
- Manufacturing, storage or distribution as a primary use except as defined by artisanal use;
- Enameling, painting, or plating, except as an artist’s studio;
- Outdoor advertising or billboard as a principal use;
- Carting, moving or hauling yard, except delivery goods to businesses;
- Single-room occupancy hotels, prisons, detention centers or halfway houses;
- Manufacture, storage, or disposal of hazardous waste materials;
- Scrap yards;
- Mobile homes;
- Kennels, except as ancillary to a veterinarian and as ancillary use to police station;
- Any use which produces adverse impacts as determined by the city manager.