A. Any open air dining area proposed to be located in the public right of way, or on privately owned portions of the Robertson Boulevard sidewalk, shall comply with all of the following requirements:
1. A minimum distance of not less than a five foot (5') wide pedestrian travel aisle shall be maintained on the public right of way at all times; to assure the required pedestrian travel aisle, all open air dining areas shall be set back a minimum of five feet (5') from the edge of the curb and any fixed sidewalk obstruction including, without limitation, curb lines, tree wells, street trees, parking meters, water hydrants, light poles, utility equipment boxes, newspaper racks and bus benches.
2. Umbrellas located in the open air dining area shall have a minimum seven foot (7') clearance from the ground to the lowest element of the umbrella and shall be located completely within the open air dining areas permitted boundaries.
3. Portable heaters shall be located a minimum of three feet (3') from any combustible material and shall be located completely within the open air dining areas permitted boundaries.
4. Unless a permanent structure is approved pursuant to the permit, all fixtures and furniture used in an open air dining area shall be removed from the public right of way and stored out of public view during nonbusiness hours. At the discretion of the reviewing authority, open air dining areas with more than twelve (12) chairs may be required to provide a permanent barrier delineating the usable open air dining area from the remaining area of the public right of way.
5. Areas used for outdoor dining shall not extend beyond the building frontage for the associated restaurant space.
6. The material and design of the furniture and barrier, if any, shall be reviewed and approved pursuant to section 10-3-3007 of this chapter prior to installation.
7. If located on publicly owned property, an encroachment permit allowing establishment of an open air dining area must be obtained from the public works department in a form satisfactory to the city attorney.
8. Areas used for open air dining in the public right of way and on the privately owned portions of the Robertson Boulevard sidewalk shall comply with all applicable provisions of the building code, including, but not limited to, maintaining proper building egress and ingress at all times, observing maximum seating capacities, providing proper circulation, and providing appropriate access to persons with disabilities.
B. An annual rental fee shall be imposed on the use or operation of open air dining areas located in the public right of way. The rental fee schedule shall be set by resolution of the city council. In the event that a permit is suspended pursuant to section 10-3-3509 of this chapter, rental fees shall not be required to be paid during the period of suspension. (Ord. 11-O-2615, eff. 12-16-2011; amd. Ord. 19-O-2789, 10-22-2019)