(a) Areas in which Outdoor Dining Areas, and Sidewalk Cafes Areas, collectively referred to as "area" or "areas," are permitted:
(1) Outdoor Dining Areas, as defined in this chapter may be established as an accessory use to permitted restaurants and retail food establishments in the Business Zoning Districts and Target Investment Zones.
(2) Sidewalk Cafe Areas, as defined in this chapter, may be established as an accessory use to permitted restaurants in the Business Zoning Districts and Target Investment Zones.
(b) No person shall operate an Outdoor Dining Area or Sidewalk Cafe unless a permit has been obtained and/or renewed.
(c) An Outdoor Dining Area or Sidewalk Cafe located within the public right-of-way shall occupy only the area immediately adjacent to the business making the application, except in locations where plazas have been developed for such use.
(d) Applicants shall apply for permit approval in accordance with the provisions of this Chapter. All such applications shall be approved by the Planning Director.
(1) Applicant shall refer to the Design Guidelines for Outdoor Dining Areas and Sidewalk Cafe's prepared and provided by the Department of Planning.
(2) The applicant shall provide three (3) copies of the application, supporting documentation to the Department of Planning and a fifty dollar ($50.00) filing fee made payable to the Zoning Depmiment.
(e) Applicants shall meet all general ordinance requirements and all other laws, rules, regulations and codes applicable to the proposed activity.
(f) Applicants proposing to establish an Outdoor Dining Area or Sidewalk Cafe must provide satisfactory proof of the following:
(1) Applicants proposing to establish an Outdoor Dining Area or Sidewalk Café within the Central Business District must provide an architectural banier such as decorative chain and bollards, landscaping and/or decorative fencing, or other means approved by the Planning Director. The architectural barrier shall enclose the permitted area from the remainder of the public right-of-way, designed to limit the ability of litter to blow off the premises. The architectural barrier shall be no less than thirty (30) inches or more than forty-two (42) inches in height; durable so that it shall not collapse or fall over due to wind or incidental contact with patrons or pedestrians and be well maintained. The architectural barrier may have movable sections to aid in public access to seating as long as the boundary complies with the submitted plan.
(2) The Planning Director shall review each application to ensure that the proposed operation of the Outdoor Dining Area or Sidewalk Cafe will not interfere with pedestrian or vehicular traffic. Six ( 6') feet of unobstructed sidewalk should be provided with the exact width being determined by the Planning Director as deemed to be appropriate to promote pedestrian or vehicular safety or the visual harmony of the neighborhood, however, in no event shall the unobstructed sidewalk be less than four ( 4') feet.
(3) An applicant proposing to establish an Outdoor Dining Area or Sidewalk Café shall submit to the Planning Director a layout of the proposed seating areas, which shall include but not be limited to a depiction of all aisles, routes of ingress and egress; clearances between tables and between the seating area at the curb; the location of all food preparation and service areas; the landscape plan; location and description of all plumbing, electrical and other equipment and fixtures that will be utilized; an illustration, rendering and/or photograph of all proposed furniture, umbrellas, awnings, signage and other furniture proposed. Furniture utilized within the permitted area shall be of durable materials; No picnic-style tables are permitted.
(4) Each applicant to submit a litter control plan which shall include, but not be limited to, a description of the number and location of trash receptacles for the areas and the frequency with which the tables, surrounding area and adjacent public and private propetties will be policed for litter. Failure to abide by an established litter control plan shall constitute a violation of the permit.
(5) Hours of operation for each Outdoor Dining Area or Sidewalk Cafe will be established prior to issuance of any permit. In approving the hours, the Planning Director shall take into consideration the nature of the restaurant or retail food establishment at issue, the character of the neighborhood adjacent to the premises, and the character and nature of other uses in the vicinity of the premises at varying times of day.
(6) The seating contained in an Outdoor Dining Area or Sidewalk Cafe shall not be counted in determining any parking space requirement for a retail food establishment or restaurant use.
(7) The permit granted pursuant to this section shall allow the use of the Outdoor Dining Area or Sidewalk Cafe at any time of year. However, the area must be properly maintained at all times including complying with the litter control plan, complying with all applicable laws, rules, regulations and codes, properly securing and/or removing tables, chairs and other items during times of inclement weather and high wind, further at no time shall chairs, tables or other items be stacked in the area.
(8) Applicant shall indemnify and save harmless the City of Canton, its employees, agents or officers from all claims, losses, liens, expenses, suits and attorney fees (liabilities) arising from the placement, operation and maintenance of the applicant's Outdoor Dining Area or Sidewalk Café. Applicant agrees to name the City of Canton as an additional insured under the applicant's general liability insurance (minimum required limit of one million ($1,000,000.00) dollars, bodily injury, property damage and personal injury, and maintains such insurance for such time as the Outdoor Dining Area or Sidewalk Cafe( s) exists. Owner shall provide evidence of such insurance.
(Ord. 165-2020. Passed 9-14-20.)
Chap. 1154. Purpose and Intent.
Chap. 1155. General Requirements.
Chap. 1156. Submittal Process.
Chap. 1157. Review Criteria.
Chap. 1158. Bulk Area Requirements.
Chap. 1159. Permitted Use.
Chap. 1160. Accessory Uses and Structures.
Chap. 1161. Required Parking and Loading, On-Site and Off-Site.