(a) General Requirements. Outdoor dining shall be permitted as an accessory to a restaurant use with the following conditions:
(1) A Zoning Certificate for outdoor dining shall be issued by the Community Development Administrator. No fee shall be charged for the certificate.
(2) An outdoor dining area shall comply with building setback regulations for the zoning district in which it is located.
(3) An outdoor dining area shall be contiguous to the principal use.
(4) The restaurant or other principal use shall provide, prepare, or serve the food and beverages consumed by patrons within the outdoor dining area.
(5) Tables, chairs and furnishings shall not obstruct nor interfere with pedestrian movement on a sidewalk, ingress to or egress from a building, or otherwise interfere with the efficient and safe movement of pedestrians along sidewalks or pedestrian and vehicle traffic in parking areas or on City streets, alleys, rights-of-way or municipal property.
(6) The restaurant shall obtain and post permits required for outdoor food handling and shall comply with state and local health and sanitation regulations.
(7) Outside entertainment, including but not limited to a band, orchestra, musician, singer, radio, television, loudspeaker, microphone, individual, group or other amplifying mechanical device is prohibited in the outdoor dining area if the noise disturbs surrounding property owners.
(b) Permit Application.
The applicant shall submit to the Community Development Administrator a plan showing the sidewalk, curb and public improvements, fixtures and movable items such as light posts, benches, planters, trash receptacles, fences, trees and tree grates, bicycle racks, and newspaper boxes with the dimensions of the outdoor dining area and location of the foregoing. The diagram shall depict the proposed location of outdoor dining furniture and other equipment within the outdoor dining area. Outdoor dining is prohibited within ten 10 feet of a fire hydrant, Fire Department standpipe connection, fire escape, bus stop, or loading zone.
(c) Requirements for Outdoor Dining in the Public Right-of-way. Outdoor dining is permitted on a public sidewalk by revocable license of Council with terms and conditions regulating the outdoor dining use, including the following:
(1) A Zoning Certificate for outdoor dining shall be issued for one calendar year and renewed annually thereafter. No fee shall be charged for the certificate or the renewal.
(2) The Zoning Certificate permitting outdoor dining must be issued or renewed prior to setup or use of a public sidewalk for outdoor dining.
(3) The sidewalk within the outdoor dining area and the vicinity thereof shall be maintained in a sanitary manner at all times. Food scraps, beverage cups and other waste shall be promptly removed and placed in refuse containers. Sweeping refuse or food scraps into a tree grate, street gutter, or storm sewer is prohibited. The sidewalk shall be washed as needed to remove food and drink residue.
(4) The outdoor dining area shall not obstruct nor interfere with pedestrian or vehicular traffic or with access to parked vehicles. The outdoor dining area shall not reduce sidewalk access to less than four feet in width between the dining area and a tree, light post, sign pole, bench, planter, trash receptacle, fence, bicycle rack, newspaper box or other object in or on the sidewalk.
(5) Tables, chairs and equipment shall not be attached or affixed to the sidewalk, a pole or other public facility without written approval from the City Manager.
(6) Outdoor dining shall be permitted between 7:00 a.m. and 12:00 a.m. from April 1 to November 1 each year.
(7) The restaurant owner, restaurant manager and property owner shall each provide at their sole cost and expense, and shall maintain in effect during the entire period of the permit, the following insurance coverages:
A. Workers’ Compensation insurance;
B. A comprehensive commercial liability insurance policy naming the City of Chardon as an additional insured, 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 (combined single limit); and additionally, when liquor is to be consumed in the outdoor dining area, a liquor liability insurance policy naming the City of Chardon as an additional insured with limits of at least one million dollars ($1,000,000); and with the condition that neither policy shall be changed or canceled until thirty days after written notice thereof has been given to the City.
(8) The restaurant owner, property owner and restaurant manager shall each execute an agreement to hold harmless, indemnify, and defend the City of Chardon 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, result from or be connected with the granting of a Zoning Certificate permitting outdoor dining or from any act or failure to act by the property owner, restaurant owner or restaurant manager, their agents or employees.
(9) The Community Development Administrator shall issue a certificate authorizing the accessory use following the grant of a license by Council. Outdoor dining in the public right-of-way is a privilege. Council may terminate the license for an outdoor dining area upon the operator's failure to comply with the terms and conditions of approval or failure to comply with municipal ordinances, standards and specifications. The City Manager may temporarily suspend the operation of an outdoor dining area if the City needs the entire sidewalk area for a community activity such as a scheduled festival, parade, march, or demonstration protected by the First Amendment; for repairs to the street or the sidewalk; or during an emergency.
(Ord. 2635. Passed 1-13-11; Ord. 3040. Passed 12-13-18.)