EDITOR'S NOTE: The BuIlding Code, the Fire Code, and the Electrical Code referred to in this title have been superseded by D.C. Law 6-216, ConstructIon Codes Approval and Amendments Act of 1988, effective March 21, 1987. The construction regulations existing prior to March 21, 1987, remain In effect for projects having reached specified stages of completion. D.C. Law 6-216 adopted the 1984 NatIonal BOCA Codes, and the 1985 D.C. Supplement to the National BOCA Codes, EffectIve November 27, 1992 (39 DCR 8665), the 1984 BOCA Codes, and the 1985 D.C. Supplement to the National BOCA Codes were superseded by the adoption of the 1990 BOCA Codes, and the 1992 D.C. Supplement to the BOCA Codes.

1. An application to occupy public space has been received by the Director of Regulatory and Consumer Affairs;
2. The application has been reviewed and approved pursuant to this chapter;
3. All applicable fees have been paid; and
4. All insurance requirements have been approved and fulfilled,

1. A Sidewalk Cafe Permit has been issued;
2. Where applicable, a Building Permit has been issued;
3. The sidewalk cafe has been inspected and approved pursuant to §306 of this chapter; and
4. All applicable fees have been paid.

1. The date of the application;
2. The nature of the application;
3. The name of the applicant;
4. The Advisory Neighborhood Commission within which the property is located;
5. The property involved; and
6. The name and address of the person designated by the Director of Consumer and Regulatory Affairs to receive written comments.

1. The location and address of the proposed sidewalk cafe and a description of the boundaries of the surface space proposed to be occupied;
2. A statement of the days and times of the week that the sidewalk cafe will operate, including Saturdays, Sundays, and holidays;
3. A statement of the anticipated periods of use during the year;
4. 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;
5. 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;
6. 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;
7. A copy of the required liability insurance as specified by the' Director of Consumer and Regulatory Affairs;
8. 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
9. 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.

1. The width, length, and location of the sidewalk cafe areas in relation to the surface space;
2. The location of all tables, chairs, railings, planters, and floor coverings;
3. The seating capacity of the sidewalk cafe and the location of exit ways, doors, windows, and aisles;
4. The separation between the pedestrian space and the sidewalk cafe space;
5. 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;
6. 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;
7. 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 blo k face;
8. 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;
9. Any object to be affixed or attached to a wall or ceiling of the sidewalk cafe;
10. The height and dimensions of any platforms, floors, walls, and dividers;
11. All sidewalk cafe construction and structural parts, including the structural adequacy of each;
12. The location of any fire escapes, drop ladders, and stairs;
13. The grade of the adjacent sidewalk if the topography deviates from the District standard sidewalk grade;
14. The location of any fire protection systems, equipment, or appliances; and
15. The location of any public utility cut-offs.

1. The Fire Chief, who shall determine whether the proposed sidewalk cafe provides a reasonable degree of safety for life and property from the hazards of fire and explosions in accordance with the D.C. Fire Code and §313;
2. The Police Chief, who shall determine whether the proposed sidewalk cafe will have an effect on the public safety and the policing procedures in the area;
3. The Director, who shall determine whether .the proposed sidewalk cafe may create an adverse effect on the pedestrian or vehicular traffic in the area, whether the proposed sidewalk cafe is in compliance with chapter 2 of this title, and whether the proposed sidewalk cafe is in compliance with the provisions of this chapter. The Director shall also approve the design of the proposed sidewalk cafe; and
4. The Director of the Department of Consumer and Regulatory Affairs, who shall determine whether the proposed sidewalk cafe will adversely affect the public health and safety, and whether the proposed sidewalk cafe is in compliance with §314.

1. The affected Advisory Neighborhood Commission;
2. The public utility companies that operate or maintain equipment or service in the area beneath the proposed sidewalk cafe;
3. The owner or occupants of the adjacent property; and
4. The Office of Planning, which shall determine whether the proposed sidewalk cafe is in compliance with District planning and urban design objectives,

1. 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;
2. Whether the proposed sidewalk cafe will provide an economic benefit to the District;
3. Whether the proposed sidewalk cafe will promote the public use and enjoyment of public space;
4. 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
5. Whether the proposed sidewalk cafe complies with District laws, rules, and regulations.

1. For an application for an unenclosed sidewalk cafe, a Sidewalk Cafe Permit; or
2. For an application for an enclosed sidewalk cafe, a Sidewalk Cafe Permit and a Building Permit.

1. The sidewalk cafe has been inspected and the issuance of a Certificate of Use has been approved by the Director and the Director of Consumer and Regulatory Affairs;
2. The sidewalk cafe complies with the requirements of this chapter, with the terms and conditions of the Sidewalk Cafe Permit and, where applicable, the Building Permit;
3. The sidewalk cafe has been inspected by the Fire Chief to ensure that it complies with §313, §§3 16.10 and 316.11, and with any variance or waiver granted pursuant to §318; and
4. All applicable fees, including, but not limited to, all present and past sidewalk cafe rental fees have been paid.

1. There is a public need for the use of the surface space;
2. The applicant has failed to comply with the provisions of this subtitle;
3. The applicant has failed to make use of the surface space for a period of more than twelve (12) consecutive months after the Sidewalk Cafe Permit has been issued;
4. The applicant has failed to comply with the terms or conditions of the Sidewalk Cafe Permit or the Certifcate of Use;
5. The applicant has failed to comply with the provisions of this chapter or the provisons of the Act;
6. The applicant has failed to complete the construction of the sidewalk cafe within six (6) months; or
7. The applicant has failed to pay any and all applicable fees, including but not limited to, all present and past sidewalk cafe rental fees.

1. The public good or the purpose of this chapter and of the Act are not substantially harmed;
2. The waiver or modificaton has been reviewed pursuant to the provisions of §304 of this chapter;
3. The waiver or modification enhances the design of the sidewalk cafe, the general character of the street and the neighborhood, and the overall planning objectives for the area where the sidewalk cafe is located;
4. The waiver or modification does not interfere with the design, visibility, or operations of the adjacent buildings or space, or the interest of the general public in the adjacent buildings or space;
5. The waiver or modification does not cause an adverse impact on pedestrian or vehicular traffic;
6. The primary objective of the waiver or modification is not to occupy additional public space or to increase the seating capacity of the sidewalk cafe; or
7. The strict application of the provision requested to be waived would result in exceptional practical difficulty due to the shape, topography, or other conditions of a particular property, or would result in undue hardshp.