Section 24-210. ENCLOSED SIDEWALK CAFES

 

210.1All structural materials used in an enclosed sidewalk cafe shall be easily demountable and capable of being removed within twenty-four (24) hours after notice, without damage to the sidewalk or public space that it occupies.

 

210.2An enclosed sidewalk cafe may utilize a base wall of opaque material up to a maximum height of thirty-six inches (36 in.) from the sidewalk level.

 

210.3All enclosing walls, doors, and windows, except for structural members, extending above the base wall, must be of a transparent material.

 

210.4To maximize transparency, both the horizontal and vertical structural members shall be no more than ten inches (10 in.) wide.

 

210.5No plumbing fixtures shall be installed in an enclosed sidewalk cafe. Heating, air-conditioning, ventilation, and electrical lighting may be installed, when authorized, in accordance with the applicable District codes and regulations.

 

210.6Except as provided in §210.7, a sidewalk cafe may be enclosed only during the period from October 15th through May 15th.

 

210.7If no inspection is required under this section or the Second Amendment to the D.C. Building Code, approved Sept. 21, 1977 (D.C. Law 2-18; 12 DCMR), a sidewalk cafe may be enclosed on any day when the National Weather Service predicts at 8:00 a.m. at the National Airport weather station that, within the next twenty-four (24) hours, the temperature may go above ninety degrees Fahrenheit (90 °F.) or below sixty degrees Fahrenheit (60 °F.); or if the chance of rain is fifty percent (50%) or more; or in the event of rain.

 

210.8No enclosed sidewalk cafe shall project more than twenty feet (20 ft.) from the building line, or occupy more than sixty percent (60%) of available surface space; Provided, that all enclosed cafes shall be subject to the provisions of §204.

 

210.9In addition to a permit to occupy public space issued under this chapter, an owner shall obtain a separate building permit for an enclosed sidewalk cafe in accordance with §314.3 of the D.C. Building Code (12 DCMR).

 

210.10The Committee may waive the requirements of this section, in accordance with the procedures for a contested case under the D.C. Administrative Procedure Act (D.C. Code §1-1509 (1981)), if both of the following criteria are met:

 

(a)The strict application of this section would result in exceptional practical difficulty because of the shape, topography, or other condition of the particular property or would result in undue hardship; and

 

(b)Relief can be granted without substantial detriment to the public good or the general purpose of this section.

 

210.11Nothing in this section shall be construed to affect the operation or design of an unenclosed sidewalk cafe.

 

210.12Nothing in this section shall affect any landlord-tenant relationship as established in a lease or judicial order in effect on the effective date of the Enclosed Sidewalk Cafe Act of 1982 (D.C. Law 4-148).

 

210.13The design of a sidewalk cafe shall be approved by the Director.

 

210.14Upon the recommendation of the Committee and within ninety(90) days of the effective date of the 1982 Act, the Director shall issue rules establishing standards for the design, traffic and pedestrian safety, and compatibility with the surrounding neighborhood for the rental of public space. These rules shall supplement the requirements of this section.

 

source

Article 43, §§3(n), (o) of the Police Regulations (May 1981); as amended by § 6(c) of Enclosed Sidewalk Cafe Act of 1982, D.C. Law 4-148, 29 DCR 3361, 3367 (August 6, 1982).