If a permit application is made for a sidewalk café that would extend to any portion of a public right-of-way in front of a neighboring property, in addition to all other applicable requirements, the following requirements shall apply and shall be required for continued operation:
(A) The insurance coverages furnished in compliance with Section 10-28-815 of the Code shall apply to the entire footprint of the sidewalk café as set forth in the approved plan;
(B) The sidewalk café shall extend to the public right-of-way in front of the neighboring property without interruption;
(C) The sidewalk café may not obstruct the view of any of the occupied neighboring property's windows from the street, or block the door of the neighboring property;
(D) The sidewalk café may not extend to a public right-of-way in front of a neighboring property that is used for the operation of a retail food establishment or retail liquor establishment;
(E) The extension shall be limited to the public right-of-way in front of a single neighboring property; and
(F) If the sidewalk café extends on the property side of the public right-of-way in front of the neighboring property, the applicant shall notify, in writing, the owner and occupant, if any, of such property of the applicant's plan to apply for a sidewalk café permit that would extend on the property side of the public right-of-way in front of the neighboring property. A copy of such notice shall be included with the sidewalk café permit application. No such notice shall be required if the sidewalk café extension is entirely on the curb side of the public right-of-way in front of the neighboring property.
(Added Coun. J. 5-31-23, p. 427, Art. II, § 1)