(a) There shall be a minimum of five feet, six inches, exclusive of the area occupied by the sidewalk cafe, designed to allow safe and efficient adequate pedestrian movement adjacent to the sidewalk cafe and street. Sidewalk cafes shall only be permitted where it is determined that the use will not create a hazard, a sight distance obstruction for motor vehicle operators, nor unduly impede pedestrian traffic. The sidewalk cafe area shall be separated from pedestrian traffic and vehicular traffic by an approved, fixed barrier. Wrought iron or decorative ironwork will serve as an acceptable barrier.
(b) Where on-street parking exists in front of a proposed sidewalk cafe establishment, the area of the public right-of-way dedicated for this off-street parking in front of the establishment may be used to construct a platform that may be used to divert pedestrian traffic around a sidewalk cafe. The prescribed area in which the platform exists, and the design of the platform, must be approved by the City.
(c) Any such platform shall:
(1) Maintain a minimum clear width of five feet, six inches for pedestrian passage;
(2) Be constructed of treated lumber or another similar material approved by the City;
(3) Be of barrier free design;
(4) Be anchored into the pavement with such devices as to meet building code standards, and so as not to cause permanent damage to the paved surface;
(5) The surface must be slip resistant;
(6) The applicant must obtain a building permit to construct the platform, and the actual construction may not interfere with pedestrian or vehicular movement;
(7) Any damages to the City public right-of-way, such as brick, sidewalk, streetlights, signage, parking meters, etc., will be repaired at the owner's expense;
(8) When the sidewalk cafe closes for the season, the platform and all railings and fixtures shall be removed by the owner within one week. The owner shall be responsible for filling in any holes created in the street or sidewalk with such material and by such method approved by the Department of Public Works;
(9) The sidewalk cafe owner will be responsible for clearing snow, ice and other natural or man-made debris from the platform;
(10) A barrier with reflective striping, either of concrete or a solid planter shall be installed before the approach to the platform to provide protection to the sidewalk cafe and pedestrians;
(11) The platform design shall take into account the street's normal stormwater flow, and shall not block any existing stormwater inlets;
(12) Placement of the platform shall be subject to and in conformance with a temporary traffic control order issued by the Traffic Manager.
(d) Sidewalk cafes may only be located adjacent to the restaurant or food service business with which they are associated. This requirement may be waived, however, to extend the sidewalk cafe to an adjacent property if deemed appropriate after City review and agreeable to the adjacent property owner.
(e) Sidewalk cafes shall be kept free of litter and food scraps at all times. The permit holder shall provide adequate refuse contains and shall not deposit refuse from its operations in City refuse containers.
(f) Employees of the associated restaurant or food service business shall continuously supervise outdoor dining areas serving alcoholic beverages.
(g) The perimeter of the sidewalk cafe shall be delineated by setting up barriers such as planters or a railing to physically separate patrons from pedestrian traffic. All barriers used for outdoor cafes serving alcoholic beverages shall also conform to Michigan Liquor Control Commission Regulations. A sign reading "No Food or Beverage Allowed Beyond Railing" shall be posted at a conspicuous location within the perimeter of outdoor cafes serving alcoholic beverages.
(h) Furnishings of sidewalk cafes shall consist solely of readily removable awnings, covers, railings, tables, chairs, planters containing plants and accessories. Furnishings may not be attached, even in a temporary manner, to the sidewalk or other public property, except that covers and railings may be secured by means of flush mounted anchors in a manner approved by the City. No objects that are part of a sidewalk cafe, except lighting fixtures, railing, awnings, or other non-permanent covers, may be attached, even in a temporary manner, to any building or structure that the sidewalk cafe abuts. When the associated restaurant or food service business and sidewalk cafe are not open for use, all furniture and fixtures of the sidewalk cafe shall be removed or otherwise secured on the public property in a manner that does not create a hazard to the public.
(i) No structure or enclosure to accommodate the storage of accumulated garbage may be erected or placed adjacent to or separate from the sidewalk cafe on public property.
(j) A sidewalk cafe shall not interfere with any public service facility, such as, but not limited to a public telephone, mailbox or bench located on a sidewalk.
(k) Operation of a sidewalk cafe shall not adversely impact adjacent or nearby residential, religious, educational or commercial properties, and shall be operated in conformance with all applicable codes and ordinances.
(l) All electrical wiring and fixtures associated with or part of the sidewalk cafe shall be installed and remain in conformance with the appropriate codes of the City.
(m) Tables, chairs, umbrellas and any other objects provided with the sidewalk cafe shall be of quality design, materials and workmanship both to insure the public safety and convenience of users and to enhance the visual and aesthetic quality of the urban environment. While temporary, all such items must be adequately secured so as to prevent them from being blown off of the sidewalk in inclement weather.
(n) The permit holder shall be responsible for the maintenance and upkeep of all planters and plant materials included in the site development plan as well as any platform used to accommodate and divert pedestrian traffic.
(Ord. 11-04. Passed 6-1-04; Ord. 07-05. Passed 4-12-05; Ord. 06-07. Passed 5-1-07.)