D.C. Mun. Regs. tit. 24, r. 24-305

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

Rule 24-305 - PUBLIC SPACE COMMITTEE REVIEW OF SIDEWALK CAFE PERMIT

305.1

Within five (5) days of the satisfaction of the requirements of § 304, the Director of Consumer and Regulatory Affairs shall forward the application, the plan, and all received comments to the Chairperson of the Public Space Committee.

305.2

The Chairperson shall prepare a recommendation on the application and the plan for the Public Space Committee's review and consideration.

305.3 The Chairperson shall place the application on the agenda of the Public Space Committee and shall notify the applicant of the time and place of the meeting.

305.4

The Chairperson shall inform the Advisory Neighborhood Commission or the adjacent property owner or occupant at least twenty-four (24) hours prior to the Public Space Committee meeting where the application is to be considered; Provided, that the Advisory Neighborhood Commission or the adjacent property owner has previously objected to the application pursuant to § 304.7.

305.5

The Public Space Committee shall determine the following:

(a) Whether the proposed sidewalk cafe adversely affects the public's need for the use of the public space where the sidewalk cafe is proposed to be located;

(b) Whether the proposed sidewalk cafe will provide an economic benefit to the District;

(c) Whether the proposed sidewalk cafe will promote the public use and enjoyment of public space;

(d) Whether the design and location of the proposed sidewalk cafe is compatible with the other structures and uses in the surrounding area and conforms to the planning objectives for the area; and

(e) Whether the proposed sidewalk cafe complies with District laws, rules, and regulations.

305.6

The decision of the Public Space Committee shall be submitted to the Director of Consumer and Regulatory Affairs within seven (7) days from the date of the meeting when the application was considered.

305.7

If the application is denied, the Director of Consumer and Regulatory Affairs shall return the application and plan to the applicant.

305.8

If the application is approved, and when the fees listed in § 305.9 have been paid, the Director of Consumer and Regulatory Affairs shall issue the following:

(a) For an application for an unenclosed sidewalk cafe, a Sidewalk Cafe Permit; or

(b) For an application for an enclosed sidewalk cafe, a Sidewalk Cafe Permit and a Building Permit.

305.9

The appropriate fees, pursuant to § 305.8, shall be paid by check or money order, payable to the "D.C. Treasurer."

D.C. Mun. Regs. tit. 24, r. 24-305

Final Rulemaking published at 30 DCR 4346, 4352 (August 26, 1983)