For the purposes of this article, certain words and phrases shall have the meanings ascribed to them by this section, unless the context clearly indicates a different meaning.
ABUTTING PROPERTY. Restaurant property contiguous to a public street right-of-way on which a sidewalk café will be operated under the terms of this article.
DIRECTOR. The director of the department of planning and development of the City of Fort Worth or his or her designee.
OWNER. Includes any owner of fee simple title, part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole of the land contiguous to the right-of-way on which a sidewalk café is to be operated under the authority of this article.
PEDESTRIAN WALKWAY. That portion of a sidewalk which is free of any obstruction, fixture or appurtenance and is used for pedestrian travel.
PERSON. An individual, a group of individuals, an association, a club, a society, a firm, a partnership or a corporation.
PUBLIC NECESSITY. Any lawful need or use of property by a governmental body including needs created by a change in circumstances affecting pedestrian and vehicular traffic.
PUBLIC STREET. The entire width between the boundary lines of every way which is held by the city in fee or by easement or dedication when any part thereof is open to the use of the public for purposes of vehicular travel; provided the term PUBLIC STREET shall not include any designated state or federal highway or road or any designated county road.
RESTAURANT. A food service establishment where food is served in individual portions for consumption on the premises. This term shall not include an establishment which operates exclusively as a caterer, a commissary, a food processing establishment, a mobile food unit, a retail food store or a temporary food service establishment.
ROADWAY. That portion of a public street which is improved, designed or ordinarily used for vehicular travel, exclusive of the curb, berm or shoulder. In the event that a public street includes two or more separate roadways, ROADWAY means each such roadway separately.
SIDEWALK. That portion of the public street which is between the curblines, or the lateral lines of a roadway, and the adjacent property lines and which is improved and designed for or is ordinarily used for pedestrian travel.
SIDEWALK CAFÉ. An outdoor dining area located on a sidewalk and containing removable tables, chairs, plants and related appurtenances, which is not located on or does not encroach upon the public walkway as established by the director under the provisions of this article. It shall not be enclosed by fixed walls and shall be open to the air, except that it may have a canopy.
(Ord. 9881, § 1, passed 6-4-1987; Ord. 17522, § 6, passed 4-24-2007)