The director may issue a license to a property owner pursuant to this chapter to authorize the operation of an outdoor café in the public right-of-way as follows:
A. Use of Existing Sidewalk. Where an eating and/or drinking establishment proposes to operate an outdoor café in the public right-of-way on an existing sidewalk without widening the sidewalk then that portion of the public right-of-way which may be utilized for the operation of an outdoor café shall be limited to that area of the sidewalk directly adjacent to proposer’s establishment. Such a license may be issued directly to the proposing business owner or operator.
B. Widening of Sidewalk. Where an eating and/or drinking establishment proposes to operate an outdoor café in the public right-of-way and the proposal includes the widening of sidewalk by converting existing on-street parking space(s) to additional sidewalk directly in front of or adjacent to the property owner’s property, then a license for the use of the public right-of-way for the operation of outdoor cafés may be issued to the property owner. Such use shall be limited as follows:
1. When parallel parking is adjacent to the sidewalk:
a. No more than two parking spaces per license, located directly in front of or adjacent to the proposer’s eating and/or drinking establishment, may be converted to widened sidewalk for use as an outdoor café.
b. The two parking spaces that may be converted to widened sidewalk may either be two parking spaces on one block or one parking space on each side of and directly adjacent to the corner of a block where two public streets intersect.
2. When diagonal parking spaces are adjacent to the sidewalk:
a. No more than three parking spaces per license, located directly in front of or adjacent to the subject license’s eating and/or drinking establishment, may be converted to widened sidewalk for use as an outdoor café.
b. Where possible, as determined by the director, diagonal spaces shall be converted to parallel parking spaces.
3. All costs attendant to the widening of sidewalk for the operation of an outdoor café shall be at the property owner’s sole cost and expense; and
4. The construction and maintenance of all widened sidewalk shall comply with the requirements of Title 18R and be constructed pursuant to a valid encroachment permit.
(Ord. 2102, Ord. 2136 §3, Ord. 2258 §7, Ord. 2364 §230, Ord. 2409 §5, Ord. 2586 §1)