For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Abutting property owners and occupants means any owner or occupant of property which abuts the subject sidewalk café site excluding public right-of-way.
Accessible route means a continuous unobstructed path of travel connecting all publicly accessible elements and spaces of a building or facility.
Adjacent sidewalk area means that portion of the public sidewalk between the curb line and the property line demarcated by extending the side building lines of the premises until they intersect the curb.
Clearances as referenced in this section are measured horizontally from the outside edge of the sidewalk café delineation to any obstruction on the ground greater than one-half inch in height, or to an adjacent projection such as tree limbs, tree wells, banners, signs, bike racks, lamp posts, or any other fixtures. Accessible route clearances shall be no less than 4 feet in width and no less than 7 feet in height for the entire length of the accessible route. Radiuses along an accessible route shall be no less than 4 feet in width.
Operate a sidewalk café means serving food or beverage from a restaurant to patrons seated at tables located within the adjacent sidewalk area, including, in the case of a permittee in possession of a valid license for the sale of alcohol beverages covering such sidewalk area, the service of such beverages, or providing seating for patrons in the adjacent sidewalk area.
Substantiated means witnessed and recorded by city staff.
Tree well means a defined area adjacent to a required street tree which provides a buffer for protection of the tree. The grade level surface of the tree well may contain movable tree pavers, steel grates, wood, dirt or other materials. With respect to measuring clearances, the area and surface materials within the tree well shall not be included. Any clearance shall be measured horizontally from the outside edge of the tree well, and/or projecting tree limbs.
Vision clearance triangle is that area which abuts streets, alleys or driveway intersections whether on the subject property or the abutting property. The vision clearance triangle is determined by measuring the appropriate distance in both directions from the intersecting curb lines along the edge of the right-of-way and/or the edge of driveways and alleyways as determined by the zoning district and type of intersecting roadways as indicated within the Land Development and Planning Ordinance.
(Ord. 1316, passed 8-19-2009)