(a) It shall be permissible for sidewalk cafés to operate within the following designated areas:
(1) Within the boundaries of the Downtown Special Improvement District delineated as follows:
Jones Street on the east; Lancaster Avenue on the south; Texas Street, Macon, Fourth Street, Burnett Street, Belknap Street and Taylor Street on the west; the Trinity River and East 100 and East 200 blocks of Bluff Street on the north; so long as an eight-foot-wide unobstructed pedestrian walkway is preserved for the use of the public.
(2) In other areas throughout the city where the pedestrian walkway is provided in compliance with the terms and specifications of this article.
(b) Sidewalk cafés shall only be located adjacent to abutting and contiguous restaurants in which food preparation, sanitation and related services will be performed.
(c) It shall be permissible for sidewalk cafés to use specified and approved sections of the public right-of-way upon the written consent (as evidenced by the issuance of a valid permit) of the director.
(d) Any sidewalk café which rests in whole or in part upon any portion of the public right-of-way shall be situated in accordance with these provisions.
(1) No sidewalk café shall be permitted to rest upon, in or over any public sidewalk or parkway, when such location endangers the safety of persons or property, or when such site or location is used for utility purposes, public transportation purposes or other governmental use, or when such sidewalk café unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic including any legally parked or stopped vehicle, the ingress into or egress from any residence or place of business (except the restaurant to which said café is adjacent) or the use of poles, posts, traffic signs or signals, hydrants, mail boxes or other objects which are permitted at or near said location.
(2) No fixture or portion of a sidewalk café shall be permanently affixed to or upon any public property.
(3) No sidewalk café shall be situated:
a. Within three feet of any marked crosswalk;
b. Within 12 feet of a curb return of any unmarked crosswalk;
c. Within five feet of any fire hydrant, fire call box, police call box or other emergency facility;
d. Within five feet of any driveway;
e. Within three feet ahead or 15 feet to the rear of any sign marking a designated bus stop;
f. Within three feet of the outer end of any bus stop bench;
g. At any location whereby the clear space for the passageway of pedestrians is reduced to less than eight feet;
h. In a manner which restricts sight easements of vehicular traffic; or
i. In a manner which obstructs traffic-control devices or traffic signs.
(4) No food serving or food service equipment may be used by a restaurant to hold, store, heat, warm, cool, chill or otherwise keep food to be served outside of the restaurant for use in or by a sidewalk café.
(Ord. 9881, § 1, passed 6-4-1987)