(a) Outdoor dining areas associated with currently operating retail food and/or drink establishments are permitted in the Uptowne (U) District, provided that the requirements of this Section are met.
(b) General Guidelines.
(1) If on a public sidewalk, that no fixtures, merchandise, or obstruction of any kind may be placed within the first four (4) feet from the edge of the curb, thereby allowing for free and clear access for pedestrians, and said outdoor dining area may not extend past the edge of the building in which the establishment is housed.
(2) No obstruction of any kind can be made preventing free and open ingress and egress from any entrance to the business establishment.
(3) That the retail food and/or drink establishment business owner shall maintain the sidewalk in a clean and safe condition, and shall immediately clear the sidewalk area when ordered to do so by any City of Galion official, including the Chief of Police or Fire Chief or their authorized representatives.
(4) That the retail food and/or drink establishment owner maintain public liability insurance consistent with and in an amount equal to that for their existing establishment that covers said dining or sales, and includes the City of Galion as an additional insured.
(5) The City of Galion's permission to establish an outdoor dinng area is on an annual, renewable basis, and during each period, the permit holder must remain compliant with all of the following:
• Food trays or carts, receptacles for dirty dishes, etc. cannot be stored on any portion of the public right of way.
• All tables, chairs, etc. must be promptly removed from the sidewalk at the end of each business day unless the same is secured consistent with the design guidelines herein.
• Outdoor dining areas must meet applicable health requirements and all applicable ordinances of the City of Galion.
(c) Application.
(1) An application must be submitted by the owner of the retail food and/or drink establishment and, if said owner is a lessee, with the building owner's written permission, seeking to create or to significantly change an existing outdoor dining facility. It is assumed by both the City and the Applicant that permitted outdoor dining facilities are intended only for business customers and other invited guests of the retail food and/or drink establishment; a clearly delineated area within the public right of way for outdoor dining by definition removes access to the facilities by the general public.
(2) Applications for outdoor dining facilities will be considered by the City only if the Applicant is in full compliance with the City income tax and real estate tax obligations, as well as property maintenance requirements.
(Ord. 2016-32. Passed 6-14-16.)
(3) Applications will be reviewed by City staff on a first-come, first-served basis, with all such applications forwarded to the City of Galion Design Review Board for guidance, input, and approval on materials, placement, and overall aesthetics of proposed outdoor dining facilities. The Design Review Board shall base its review and decision on the design guidelines included herein. (Ord. 2018-5. Passed 3-13-18.)
(4) Retail food and/or drink establishments seeking to serve alcohol as part of their proposed outdoor dining facility must comply with all relevant City of Galion ordinances relating to the sale and consumption of alcohol on public property, as well as all relevant laws of the State of Ohio Department of Commerce, Division of Liquor Control. In all applications for, or permissions granted, by the City of Galion concerning outdoor dining facilities, the retail food and/or drink establishment must remain in good standing and otherwise compliant with all Division of Liquor Control regulations and requirements, including those addressing the configuration of seating elements.
(5) Process.
A. Applications for outdoor dining areas shall be submitted to the Safety-Service Director and, if the retail food and/or drink establishment seeks to serve alcohol within the outdoor dining facility, all appropriate applications and approval steps must first be completed with the Division of Liquor Control.
B. Applications must include a cover letter and numbered/lettered attachments that include or otherwise address all of the following:
• Name and address of the retail food and/or drink establishment owner making the application ("Applicant"). If the Applicant is a lessee, it must include in its application the building owner's written permission.
• A site plan of the retail food and/or drink establishment and its proposed outdoor dining facility, in such detail as to identify: boundaries, distances, entrances into the retail food and/or drink establishment, any delineated boundary area, and adjacent building entrances; property lines, sidewalk width and all surface obstructions within 15 feet of the outdoor dining area (e.g. brick landscaping walls, fire hydrants, streetlights, parking meters, trees, tree grates, etc.); width and length of the outdoor dining area, approximate location of tables and chairs, the delineated boundary (if serving alcohol), with details showing specifications, materials, and conformity to the design guidelines set forth herein.
• Evidence that the outdoor dining area is in accordance with the City of Galion's master zoning plan or map and design review guidelines.
C. The City of Galion is not obligated to approve submitted applications and may decline the same for any reason.
D. Each approved application will be valid for one (1) year use of an outdoor dining area. Renewals may be granted administratively by the City of Galion Code Inspector.
E. The City of Galion reserves the right to revoke its permission for outdoor dining areas once granted, if the area fails to meet the standards under Ohio law, these policies and procedures, or adhere to the representations made in the application. As such, the City reserves unto itself the right to conduct any necessary review of outdoor dining areas prior to making any renewal determinations.
(d) Design Guidelines.
(1) Tables and chairs must be comprised of metal or wood. Likewise, planter style and materials must complement the storefront. No plastic tables or chairs are permitted.
(2) Retail food and/or drink establishments serving alcohol in the public right of way must clearly delineate the entire outdoor dining area with a boundary that is permanent (not easily movable), and the bounded area is contiguous to the premises for which the Division of Liquor Control has issued an appropriate liquor permit.
A. The delineating boundary must be in the form of either (i) a fence that is 36 inches in height or (ii) appropriately arranged planters. Whichever form taken, the delineated boundary must encompass the entire outdoor dining area.
B. If using a fence, its material must be either historically appropriate wrought iron or steel made to resemble historically appropriate wrought iron. There must be no more than one (1) fence gate along the boundary that allows for movement by patrons of the outdoor dining area.
C. If using planters, the delineated boundary shall have a permanent appearance and application, as well as a clearly defined entrance.
D. The delineated boundary materials may be removed on a seasonal basis (i.e. deconstruct the area during the colder months or during such special events or maintenance activities as the City may require). In such cases, the retail food and/or drink establishment must adhere to requirements set forth by the Division of Liquor Control. The City acknowledges that the regular cycle of construction of deconstruction of boundary materials necessarily involves the parallel process of the retail food and/or drink establishment business applying to the Ohio Department of Commerce for expansion/diminution under liquor permits each year.
(3) Retail food and/or drink establishments must keep at least one (1) durable, covered, and appropriately sized rubbish container within the outdoor dining area, and their staff are solely responsible for bussing tables and general clean-up.
(4) Placement of outdoor furniture, planters, and/or fencing on the sidewalk must conform to all federal ,state, and local laws and regulations, including but not limited to the Americans with Disabilities Act and all relevant guidelines and procedures of the Division of Liquor Control.
(5) Umbrellas may be permitted under circumstances where the umbrellas, when raised, do not interfere with pedestrian traffic or other features within the public right of way. Umbrellas shall not depict any advertising, including graphics, logos, or names. Umbrellas are not to be used in any area of an outdoor dining area where an awning is in place.
(6) The outdoor furniture, planters, and /or fencing cannot have a substantially adverse impact on the use, enjoyment, or property values of adjoining properties.
(e) Additional Considerations if Serving Alcohol.
(1) Retail food and/or drink establishments with a valid on-premises liquor permit within the Uptowne District may serve alcohol within approved outdoor dining areas. Sale of alcohol shall be for on premises consumption only.
(2) Site plan information submitted to the City of Galion for outdoor dining areas must be identical to any such plans submitted to the Ohio Department of Commerce, Division on Liquor Control and such plans must be approved by said Division and the City.
(3) Alcohol must not be removed from the clearly delineated outdoor dining area.
(Ord. 2016-32. Passed 6-14-16.)
(Ord. 2016-32. Passed 6-14-16.)