A. Authority: The administrative services officer, with approval of the public works director or designee, is authorized to issue a seasonal permit to operate a minor sidewalk cafe on public property; provided, that the standards set forth in section 7-2-12-4 of this chapter have been found to be in compliance. The administrative services officer may also grant renewals of major sidewalk cafe permits pursuant to compliance with applicable standards of this chapter.
B. Operating Season: The seasonal permit shall allow the operation of a sidewalk cafe from April 1 up to and including November 1 of any calendar year. A permit may also be issued for less than a full season or for a stipulated number of operating days. The permit fee will not be prorated.
C. Review Of Application And Site Plans: Application and site plans for sidewalk cafe permits (minor and major) shall be reviewed by the public works director and administrative services officer.
D. Site Plan Approval:
1. A permit application available from the administrative services officer for site plan approval shall be submitted to the administrative services officer, public works director or designee. The application shall state the following:
a. Name of the individual/business;
b. Individual/business address;
c. Address of sidewalk occupancy;
d. Property owner if other than applicant;
e. Written authorization from the owner of the adjacent associated property to submit the application, where the applicant is not the owner of the associated property;
f. Name of planner, engineer, architect or agent;
g. Dates of occupancy;
h. Hours of occupancy;
i. Capacity of existing associated establishment;
j. Proposed capacity of sidewalk cafe;
k. Area of occupancy (square feet and dimensions);
l. Use of musical instruments or sound reproduction system;
m. If application is a new application or renewal;
n. A site plan drawn to the specifications of this section;
o. Proof of liability insurance for one million dollars ($1,000,000.00); and
p. Executed indemnity agreement.
2. The site plan and the accompanying application shall show the following:
a. The applicant's entire property and adjacent properties on a site plan with streets for a distance of at least twenty five feet (25') on either side of the property boundaries fronting the right of way, at a scale of one-eighth inch equals one foot (1/8" = 1'), or other scale showing adequate detail.
b. A detailed plan showing the design, relevant details and location of all temporary structures, such as awnings, planters, landscaping, railings, tables, chairs and other equipment, as well as lighting and electrical outlet locations.
c. All exterior lighting shall be shown on the site development plan and shall be of such type and location and shall have such shading as will prevent the source of light from being seen from any adjacent roadway or residential property.
d. If the use of a musical instrument and/or sound amplifying system is planned, the applicant must be aware that complaints of excessive loud noise could result in a disturbing the peace violation, as provided in section 5-2-5 of this code.
3. The administrative services officer or designee shall distribute copies of the site development plan to the chief of police, fire marshal, city planner, and public works director for review and comments in relation to compliance with this and all other city ordinances.
4. If the applicant is not the owner of the subject property, a written letter shall be provided from the property owner stating his approval of the sidewalk cafe. Said letter shall be submitted with any application.
5. Property owners adjacent to the subject property and those located on the same block and side of the street shall be notified in writing by the applicant of the intent to establish a sidewalk cafe prior to submittal of any application. Adjacent owners shall also be requested to complete the form, included with the application, indicating support or objection to the application. These letters of support or objection shall be submitted with the application.
E. Decision: Based upon the review comments as listed above, the public works director or designee may approve, approve with conditions, refer the application back to the applicant for modification, or deny the application. If approved, the administrative services officer shall issue the minor sidewalk cafe permit.
F. Letter Of Denial; Appeal: If the application for a minor sidewalk cafe permit is denied, the applicant shall receive a letter with the reason for denial. It shall be the applicant's option to appeal the decision to the city council by requesting an agenda request form from the administrative services officer.
G. Governing Body Approval: Major sidewalk cafe permits are subject to approval of the governing body. After review by city staff, the application shall be placed on an agenda for review by the governing body. The governing body shall then approve, approve with conditions, refer the application back to the applicant for modification, or deny the application. (Ord. 2015-05, 5-5-2015)