Any food dispenser may apply for a permit for outdoor dining or café seating pursuant to the following requirements and conditions. No event center events or similar activities will be permitted outdoor dining or café seating.
(A) Generally. Subject to approval by the city, outdoor dining or café seating may be made up of a combination of sidewalk space, private parking, city parking, and on-street parking subject to the below conditions. Outdoor seating cannot exceed 50% of a food dispenser’s total seating capacity, and no more than 25% of a food dispenser’s parking facilities may be converted to outdoor dining.
(B) Conditions.
(1) Sidewalk dining or café seating is subject to the following conditions.
(a) The food dispenser otherwise conforms with current city zoning code.
(b) The sidewalk is wide enough for sidewalk dining or café seating.
(c) A five-foot minimum clear zone is provided for pedestrian traffic. A reduction to the clear zone can be requested with a detailed justification but will require additional review and processing time.
(d) Fencing is optional. Pavement demarcations are required for all outdoor dining or café seating areas. These must be provided prior to operation of any sidewalk dining or café seating, and are subject to inspection and approval by the city.
(2) Seating in private or city parking lots is subject to the following conditions.
(a) The outdoor seating or café dining will not impair the normal, safe and effective operation of a permanent use on the same site.
(b) The outdoor seating or café dining will not significantly impact public health, safety or convenience, or create traffic hazards or congestion, or otherwise interrupt or interfere with the normal conduct or uses and activities in the vicinity.
(c) The outdoor seating or café dining will not be materially detrimental to the surrounding uses in terms of traffic, noise and other external effects.
(3) General conditions for all outdoor or café seating.
(a) The outdoor seating or café dining must be immediately adjacent to the food dispenser location.
(b) Outdoor seating or café dining conducted in a city or private parking facility shall not occupy or remove from availability more than 25% of the spaces required for the permanent use.
(c) Each site occupied by outdoor or café dining must provide or have available enough parking and vehicular maneuvering area for customers or other users.
(d) Each site occupied by outdoor or café dining shall be left free of debris, litter or other evidence of the outdoor or café dining upon completion and removal of the use.
(e) All materials, structures and products related to the outdoor or café dining must be removed from the premises following expiration of the permit.
(f) Additional conditions may be established as necessary and as required by the city to ensure land use compatibility and to minimize potential impacts on nearby uses. These include, but are not limited to, time and frequency of operation, temporary arrangements for parking and traffic circulation, requirement for screening or enclosure, and guarantees for site restoration and cleanup following outdoor or café dining.
(g) If multiple applicants would like to convert parking to outdoor or café seating, the city shall evaluate potential for shared space between businesses.
(h) All areas temporarily repurposed for outdoor seating or café dining shall only be used with the understanding that the city may require immediate access to utilities or other infrastructure for the purpose of maintenance and emergencies.
(C) Permits. Food dispensers wanting to provide outdoor or café dining must submit a temporary outdoor dining permit application from the city, which includes providing the city with a sketch of the proposed outdoor or café dining area. Permits for outdoor or café dining are valid from May 1 through October 31 in any given year. The permit fee for outdoor or café dining is $100 per year.
(Ord. 2021-015, passed 6-22-2021)