(a) Purpose. The Village Council of the Village of Franklin has determined the establishment of outdoor dining, including outdoor cafes and sidewalk cafes, will promote the public interest by creating an attractive pedestrian environment for businesses during the day and evening and will foster a pleasant and distinctive ambience within the Village. The purpose of this section is to establish appropriate regulations to regulate this activity ro ensure that the public health, safety, and welfare is protected.
(b) Definitions. As used in this section:
(1) Outdoor dining. Any outdoor café, sidewalk café, outdoor eating area or similar food service accessory to a restaurant or business serving food and drink.
(2) Outdoor café. An outdoor food service area operated adjacent to and in conjunction with a restaurant or business serving food and drink.
(3) Sidewalk café. An outdoor café on the public sidewalk and/or public right-of-way.
(c) Permitted Uses. Outdoor dining is a permitted use when accessory to a restaurant, subject to site plan review. Retail food establishments that do not provide table service may have outdoor dining in which patrons carry their food from inside the premises to tables located outside.
(d) Application.
(1) An application for permission to have outdoor dining shall be on a form provided by the Village and shall include at least the following:
A. The name, mailing address, and telephone number of the applicant and the owner of the property (if different from the applicant).
B. A detailed drawing to scale of the site indicating the following: the layout and dimensions of the proposed outdoor dining area; the points of ingress and egress; and the proposed locations of tables, chairs, serving equipment, railings, awnings, umbrellas, trash receptacles and other facilities to be used. If electricity is to be provided, the locations of electrical lines and fixtures shall be noted. For a sidewalk café, the drawing must also include the location of existing nearby public improvements, including street signs, street lights, mail boxes, trees, planting boxes, etc.
C. A copy of a valid Health Division permit.
D. If alcohol is to be served, a copy of a valid State of Michigan liquor license.
E. The application fee (and Village license fee, if applicable).
(2) The Building Official shall review the site plan and related documents to determine compliance with the Building Code and Zoning Ordinance.
(3) A permit may be issued by the Building Official upon approval of a site plan by the Village Council. The site plan shall be prepared in accordance with this sub-section.
(4) In addition to site plan approval, proposed outdoor dining facilities shall require approval by the Historic District Commission.
(e) License. Anyone applying for permission to have outdoor dining on the public sidewalk or right-of-way must execute a license agreement approved by the Village Council.
(f) Indemnification, Insurance. The owner of a sidewalk café shall indemnify and hold harmless the Village and its agencies and employees from any liability arising from the existence of the outdoor dining area on the public right-of-way and shall provide insurance protecting the Village and the public from such claims as required by the license.
(g) Public safety and access.
(1) An outdoor dining area shall not obstruct any fire exit, fire escape, or other required means of ingress and egress.
(2) Outdoor dining areas within the public sidewalk or right-of-way, without limitation any signage, furnishings and display items, must maintain an unobstructed sidewalk width of five feet and shall not be closer than five feet to the edge of the road.
(3) Outdoor dining areas shall not obstruct the line of sight of vehicular or pedestrian traffic.
(4) Outdoor dining areas shall not interfere with any public service facility, such as a mailbox or a bench, located on a sidewalk.
(h) Barrier-free access. An outdoor dining area shall at all times comply with applicable Federal, State, and Village laws, ordinances and regulations concerning accessibility and non-discrimination of service.
(i) Hours of operation. Outdoor dining must cease at the close of business, or by 11:00 p.m., whichever is earlier.
(j) Alcohol consumption. The sale and consumption of alcoholic beverages in an outdoor dining establishment shall be restricted by the liquor license governing the restaurant. Any seating area where alcoholic beverages are to be served, sold, or consumed shall be enclosed by a railing and shall be supervised at all times by an employee of the restaurant. No alcoholic beverages may be removed from the outdoor dining area, except to the interior of the restaurant.
(k) Quality of furnishings. Outdoor furnishings, objects and finishes shall be of quality design, materials, and workmanship, in keeping with the historic district guidelines, both to ensure the safety and convenience of users and to enhance the visual and aesthetic quality of the environment, subject to approval of the site plan.
(l) Signs. No sign shall be allowed at any outdoor dining facility except for:
(1) The name of the establishment on an awning or umbrella fringe, and
(2) One menu board sign, not to exceed six square feet, which may be displayed within the outdoor dining area. The sign can be mounted permanently (for example, on a wall), but if it is mounted on an easel or other easily removable fixture, then it must be stored indoors each night.
(3) The menu board sign shall be constructed of durable, weather-resistant materials, such as but not limited to: stainless steel or aluminum frame, Lexan or Plexiglass cover, and a slate or porcelain board. Cardboard signs are prohibited.
(m) Public health measures. Refuse containers must be provided and serviced. All outdoor dining areas shall be cleared of trash, debris and litter at the time of closing each day. No soiled food service equipment, utensils or tableware may be kept in the outdoor dining area.
(n) Seasonal removal. Tables, chairs and other furnishings and accessories may be left in place overnight during seasonal operation but shall be removed and stored indoors whenever outdoor dining is not in seasonal operation.
(o) Exterior lighting. Exterior lighting shall be subdued and downward directed. No wall pack fixtures shall be used. Lighting shall be shut off each night when outdoor dining is concluded.
(p) Miscellaneous provisions. Outdoor dining areas shall be located on an impervious surface or on an approved pervious paving surface. Outdoor dining shall not occupy required parking areas.
(Ord. 2009-01. Passed 5-11-09.)