D.C. Mun. Regs. tit. 24, r. 24-303

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 24-303 - APPLICATION PROCEDURES FOR A SIDEWALK CAFE PERMIT

303.1

In the case of an unenclosed sidewalk cafe, the applicant shall file for a Sidewalk Cafe Permit.

303.2

Pursuant to the provisions of the Act, each applicant for a permit for an enclosed sidewalk cafe shall file for a Sidewalk Cafe Permit and shall file for a Building Permit.

303.3

Each application for a sidewalk cafe shall be signed and approved by the owner of the property abutting the public space to be occupied.

303.4

The application shall be submitted to the Director of Consumer and Regulatory Affairs on the form prescribed for that purpose.

303.5

Upon receipt of a completed application by the Director of Consumer and Regulatory Affairs, the application shall be submitted for review to the appropriate District agencies in accordance with § 304.

303.6

The applicant shall give appropriate notice of the application by posting on the proposed sidewalk cafe location a notice that an application for a Sidewalk Cafe Permit has been filed with the Director of Consumer and Regulatory Affairs. The notice shall be posted in the manner set forth in this section.

303.7

Notices shall be posted at each street frontage of the property involved and on the front of the building located on the property. All notices shall be in plain view of the public.

303.8

Notices shall be on paper having a minimum size of eight and one-half inches by eleven inches (8 ¹/₂ in. x 11 in.).

303.9

Each notice shall be approved by the Director of Consumer and Regulatory Affairs.

303.10

Each notice shall include the following information:

(a) The date of the application;

(b) The nature of the application;

(c) The name of the applicant;

(d) The Advisory Neighborhood Commission within which the property is located;

(e) The property involved; and

(f) The name and address of the person designated by the Director of Consumer and Regulatory Affairs to receive written comments.

303.11

Within five (5) days after the date the application for a Sidewalk Cafe Permit has been filed, each applicant shall file with the Director of Consumer and Regulatory Affairs a sworn affidavit demonstrating compliance with the notice provisions of this section.

303.12

Each applicant shall make a reasonable effort to maintain the posted notice by checking the signs at least every five (5) days and by posting new notices as necessary.

303.13

Each application shall include the following:

(a) The location and address of the proposed sidewalk cafe and a description of the boundaries of the surface space proposed to be occupied;

(b) A statement of the days and times of the week that the sidewalk cafe will operate, including Saturdays, Sundays, and holidays;

(c) A statement of the anticipated periods of use during the year;

(d) Fifteen (15) copies of the sidewalk cafe site plan, front and side elevations, appropriate longitudinal and latitudinal sections, and a structural diagram showing the items listed in § 303.14;

(e) In the case of an enclosed sidewalk cafe, four (4) additional copies of the items required in paragraph (d) of this subsection shall be submitted and the items shall be signed by a structural engineer certified in the District;

(f) Three (3) eight inch by ten inch (8 in. x 10 in.) glossy photographs of the surface space showing the following:

(1) Frontal view;

(2) Sharp angle right side view; and

(3) Sharp angle left side view;

(g) A copy of the required liability insurance as specified by the Director of Consumer and Regulatory Affairs;

(h) A copy of the current Certificate of Occupancy issued by the Director of Consumer and Regulatory Affairs for the existing, abutting restaurant (if a current Certificate of Occupancy is in existence); and

(i) A copy of a rental agreement if the surface space is to be used by a person other than the owner of the abutting property.

303.14

The structural diagram required under § 303.13(d) shall show the following:

(a) The width, length, and location of the sidewalk cafe areas in relation to the surface space;

(b) The location of all tables, chairs, railings, planters, and floor coverings;

(c) The seating capacity of the sidewalk cafe and the location of exit ways, doors, windows, and aisles;

(d) The separation between the pedestrian space and the sidewalk cafe space;

(e) The total width and length of the sidewalk adjacent to the sidewalk cafe and the location of any public improvements within or adjacent to the sidewalk, including, but not limited to, utility poles, fire hydrants, signs, posts, parking meters, bus stops, bus shelters, metrorail station entrances, trees and tree grates, and utility vaults;

(f) The proposed improvements to the public space, including, but not limited to, mechanical ventilation, electrical installation, new sidewalk, walls, flooring, lighting, landscapings, plantings, railings, or other forms of weather protection. When applicable, this information shall be accompanied by the manufacturer's detailed standards and location schedule;

(g) The location of the sidewalk cafe in relation to the property line, the street curb(s), and to any other sidewalk cafe or awning located on the block face;

(h) The location, height, and dimensions of any canopies, awnings or roofs, if any, and whether the canopies or awnings will be in fixed positions or capable of retraction, folding, or otherwise being moved;

(i) Any object to be affixed or attached to a wall or ceiling of the sidewalk cafe;

(j) The height and dimensions of any platforms, floors, walls, and dividers;

(k) All sidewalk cafe construction and structural parts, including the structural adequacy of each;

(l) The location of any fire escapes, drop ladders, and stairs;

(m) The grade of the adjacent sidewalk if the topography deviates from the District standard sidewalk grade;

(n) The location of any fire protection systems, equipment, or appliances; and

(o) The location of any public utility cut-offs.

D.C. Mun. Regs. tit. 24, r. 24-303

Final Rulemaking published at 30 DCR 4346, 4348 (August 26, 1983)