1268.13  OUTDOOR DINING REGULATIONS.
   (a)   General Requirements.  Outdoor dining shall be permitted provided that:
      (1)   Prior to issuance of an outdoor dining permit, the applicant shall furnish, to the Planning and Zoning Administrator, a dimensioned plan showing the proposed location of all outdoor dining furniture.  The applicant shall also submit drawings or photos of the type of furniture and enclosure to be utilized, and any other equipment to be used.  Outdoor dining shall not be allowed within ten (10) feet of a fire hydrant, Fire Department standpipe connection, fire escape, bus stop, loading zone, mail boxes, or traffic signal stanchions.
      (2)   Areas devoted to outdoor display and outdoor dining shall comply with all building setbacks regulations for the district in which they are located as set forth in this Chapter, unless the Planning and Zoning Administrator expressly permits outdoor dining in a public right-of-way and the applicant complies with the requirements in Section 1268.15 (b) below.
      (3)   All outdoor dining areas shall be contiguous to the principal building.
      (4)   The facility is used in conjunction with, and is under the same management and exclusive control of, a restaurant located on the same or contiguous property and shall not exceed the existing building or property width.
      (5)   Tables, chairs and furnishings shall be arranged so as not to interfere with pedestrian movement on sidewalks, ingress into or egress from buildings, or otherwise interfere with the proper and safe movement of people or vehicles in parking areas or on municipal streets, alleys, rights of way or other municipally owned property.
      (6)   Prior to serving any alcoholic beverage outside, the applicant shall make application to and obtain approval from the State of Ohio Liquor Control Board.
      (7)   All applicable Health Department sanitation requirements shall be followed and permits obtained for outdoor food handling.  The permittee shall be responsible for posting the outdoor seating area as to any special Health Department requirements.
      (8)   Outdoor electrical installations must comply with the current, adopted edition of the National Electrical Code.
      (9)   Outside entertainment, whether by band, orchestra, instrument, musician, singer, radio, television, loudspeaker, microphone, recital or any other individual, group or mechanical device shall not be permitted in any outside dining facility if the noise from such entertainment is of such a volume so as to cause a disturbance to abutting property owners.
 
   (b)   Requirements for Outdoor Dining in the Public Right-of-Way.  Outdoor dining shall be permitted on public sidewalks provided that:
      (1)   Prior to issuance of a permit, the applicant shall furnish to the Planning and Zoning Administrator a dimensioned plan showing the sidewalk and all existing public improvements and encroachments such as light posts, benches, planters, trash receptacles, fences, trees and tree grates in the area, bicycle racks and newspaper boxes.  The diagram shall also include the location of the curb relative to the building and the proposed location of all outdoor dining furniture, and other equipment to be placed on the sidewalk.  Outdoor dining shall not be allowed within ten (10) feet of a fire hydrant, Fire Department standpipe connection, fire escape, bus stop, loading zone, mail boxes, or traffic signal stanchions.
      (2)   An Outdoor Dining Permit shall be obtained from the Planning and Zoning Administrator prior to placing tables, chairs, or any other equipment (including fences, planters, lightposts, etc.) on any public sidewalk.  Permits issued hereunder shall be valid from the date of approval and each year thereafter until such time as the outdoor dining facility ceases operations.
      (3)   All sidewalks encompassed by the Outdoor Dining Permit shall be maintained, by the permittee, in a sanitary manner at all times.  Food scraps and containers shall be disposed of in appropriate refuse containers on a regular basis during the day by the permittee.  Sweeping of refuse or food scraps into tree grates is not permitted.
      (4)   The proposed use shall not unreasonably interfere with pedestrian or vehicular traffic or with access to parked vehicles, and in no event shall the uses permitted by an Outdoor Dining Permit reduce the open portion of any sidewalk to less than six (6) feet in width.  Sidewalks that include a tree and/or any other permanently affixed objects shall be measured from the building side of the object.
      (5)   Permittees shall see that the public areas encompassed by their Outdoor Dining Permit are kept clean throughout the day and at the end of each business day, so as not to have any food, scraps or drink leftovers remaining which would pose an attraction to animals or insects.  Each permit holder shall wash, as needed, the public area to remove any food or drink residue that may attract animals and/or create a pedestrian slip hazard.
      (6)   No tables, chairs or other equipment shall be attached or affixed to the sidewalk, poles or any other public facilities, without first obtaining permission from the Planning and Zoning Administrator.  Outdoor dining, subject to this section, may only occur between 7:00 a.m. and 12:00 a.m. from April 1 to October 31 each year.
      (7)   The applicant for an Outdoor Dining Permit shall provide at its sole cost and expense and shall maintain in effect during the entire period of the permit, insurance in the following manner:
         A.   Worker's Compensation insurance in at least the required statutory limits;
         B.   Comprehensive general liability insurance, including owner's protective liability insurance and contractual liability insurance covering claims for personal injury and property damage with limits of at least one million dollars ($1,000,000) per occurrence, and one million dollars ($1,000,000) for any single injury; and
         C.   Prior to issuance of an Outdoor Dining Permit, the permittee shall provide Carlisle with copies of the certificates of insurance for the required policies for each type of insurance naming Carlisle as an additional insured party.
         D.   The required insurance policies shall each provide that they shall not be changed or canceled during the life of the Outdoor Dining Permit until thirty (30) days after written notice of such change has been delivered to Carlisle.
      (8)   The permittee shall hold harmless, indemnify, and defend Carlisle from and against any and all injuries, deaths, losses, damages, claims, suits, liabilities, judgments, costs and expenses, consequential or otherwise, including reasonable attorneys' fees, which may in any way arise out of or be connected with the granting of an Outdoor Dining Permit which may in any way result therefrom, or from any act or failure to act by the permittee, its agents or employees.
      (9)   Outdoor dining is a privilege.  Carlisle shall have the right and power, acting through the Planning and Zoning Administrator to prohibit the operation of an outdoor dining area at any time because of anticipated or actual problems and conflicts in the use of the sidewalk area.  Such problems and conflicts may arise from, but are not limited to, scheduled festivals and similar events or parades or marches, or repairs to the street or sidewalk, or from demonstrations or emergencies occurring in the area.
         (Ord. 8-13. Passed 5-14-13.)