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File #: 2021-1267    Version: 1
Type: Ordinance Status: Passed Finally
File created: 3/5/2021 In control: Committee on Public Works
On agenda: 3/9/2021 Final action: 3/16/2021
Enactment date: 3/16/2021 Enactment #: 9
Effective date: 3/18/2021    
Title: Ordinance amending the City of Pittsburgh Code of Ordinances at Title IV: Public Places and Property; Article I: Public Right of Way; Chapter 416: Obstructions: Sections 416.20 Approval Process for Sidewalk Caf?, Including Permits and Fees to further extend the effectiveness of certain temporary expedited measures for the City of Pittsburgh sidewalk caf? permit application process through December 31, 2021.
Indexes: PGH. CODE ORDINANCES TITLE 04 - PUBLIC PLACES
Attachments: 1. 2021-1267 Cover Ltr Mayor Letter Sidewalk Cafe Ordinance 12-31-21, 2. Summary 2021-1267

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Ordinance amending the City of Pittsburgh Code of Ordinances at Title IV: Public Places and Property; Article I: Public Right of Way; Chapter 416: Obstructions: Sections 416.20 Approval Process for Sidewalk Café, Including Permits and Fees to further extend the effectiveness of certain temporary expedited measures for the City of Pittsburgh sidewalk café permit application process through December 31, 2021. 

 

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WHEREAS, availability and promotion of outdoor dining provides a viable means to increase service while remaining in compliance with the executive orders of the Commonwealth of Pennsylvania and Allegheny County during the COVID-19 pandemic; and,

 

WHEREAS, on July 21, 2020, Council initially voted to amend the City Code to provide for certain temporary expedited measures for the City of Pittsburgh sidewalk café permit application process for 60 days through September 20, 2020; and,

 

WHEREAS, on September 29, 2020, Council voted to amend the City Code to provide for certain temporary expedited measures for the City of Pittsburgh sidewalk café permit application process for an additional 120 days through January 18, 2021; and,

 

WHEREAS, on January 12, 2021, Council voted to provide for certain temporary expedited measures for the City of Pittsburgh sidewalk café permit application process through April 15, 2021; and,

 

WHEREAS, due to the continued increased demand for outdoor dining permits, the City of Pittsburgh wishes to continue to provide for certain temporary expedited applications processes for said permits; and,

 

WHEREAS, the temporary expedited measures for the City of Pittsburgh sidewalk café permit application process currently expire on April 15, 2021, and the City wishes to further extend the effectiveness of the temporary expedited measures through December 31, 2021. 

 

 

The Council of the City of Pittsburgh hereby enact as follows:

 

Section 1.                     The City of Pittsburgh Code of Ordinances at Title IV: Public Places and Property; Article I: Public Right of Way; Chapter 416: Obstructions; Section 416.20 Approval Process for Sidewalk Café, Including Permits and Fees; shall be amended as follows:


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d. Department of Permits, Licensing, and Inspection (PLI). PLI checks the applicant's record for violations. Any violations must be rectified before a sidewalk café permit can be issued. No permit can be issued unless the proprietor has a valid occupancy permit for the establishment that the sidewalk café will abut. Upon being cleared of violations and consistent with the requirement for commercial venues, the applicant must submit a site plan, prepared and sealed by a licensed architect or engineer if required by PLI, to PLI's Plan Examiner. This plan must contain the sidewalk café seating layout, aisles, enclosure, ADA requirements, and means of egress, including egress from the main restaurant to the curb. The Plan Examiner will review the site plan for compliance with City Code and for compliance with the Americans with Disabilities Act (ADA). The applicant then pays a one-time fee for the certificate of occupancy for a sidewalk café. PLI will inspect and issue the certificate of occupancy for a sidewalk café, if approved. A copy of the site plan will be given to the applicant to be maintained at the establishment. The applicant will receive a copy of the certificate of occupancy by mail. Upon completion of PLI's process, PLI will forward the sidewalk café application packet, including DOMI's notice of acceptance, the certified site plan, and a copy of the certificate of occupancy for a sidewalk café, to DOMI.

 

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f. City Council. When it is deemed that the application is completed fully and correctly, the Director of Mobility and Infrastructure submits the application to the District Council Person. The completed checklist of sidewalk café requirements is included in the packet provided to the District Council Person. [The City Council Member representing the district where the café is proposed shall acknowledge, in writing, having reviewed the application, prior to issuance of the permit.]

 

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2.   “A proprietor wishing to establish a sidewalk café with four (4) seats or fewer (must be no more than two (2) seats per table) must follow the process described below. Responsibilities of the departments include, but are not limited to, those described. For expediency and to benefit the applicant, each department shall complete its responsibilities within [ten (10)] two (2) days.

 

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f. City Council. When it is deemed that the application is completed fully and correctly, the Director of Mobility and Infrastructure submits the application to the District Council Person. The completed checklist of sidewalk café requirements is included in the packet provided to the District Council Person. [The City Council Member representing the district where the café is proposed shall acknowledge, in writing, having reviewed the application, prior to issuance of the permit.]

 

Section 2.                     These Ordinance amendments shall be construed as temporary and will expire on December 31, 2021 unless further renewed by the Council of the City of Pittsburgh.