For the purpose of this article, the following words shall have the meanings respectively ascribed in this section.
(1) Administrator: The director of the division of building inspection or their designee authorized to enforce this section.
(2) Clear zone: That portion of the public right-of-way that is intended for pedestrian traffic along the sidewalk. The minimum width and location of the clear zone shall be determined by the administrator, however in all instances it must be a minimum of four (4) feet in width and otherwise compliant with the Americans with Disabilities Act. In areas of congested pedestrian activity, a wider minimum portion of the sidewalk may be required. The location of the clear zone shall be consistent for the entire block, and, in most instances, it shall be required to be located immediately adjacent to the facade of the permitted establishment. The clear zone must be free from any items, obstacles, or barriers, at all times, so as to allow clear movement for pedestrians along the public right-of-way.
(3) On-street parking: That portion of the public right-of-way that is intended for vehicular parking along roadways with speed limits of twenty-five (25) miles per hour or less.
(4) Encroachment: Furnishings, which include, tables, umbrellas, chairs, and other objects directly related to the business of food and/or refreshment service on the public right-of-way, sidewalk or common area on public property.
(5) Outdoor cafe: The placing, locating, or permitting of the placing or locating of encroachments or other furnishings on adjacent right-of-way, such as sidewalks and on-street parking, or public property, by a business appropriately licensed to operate as an establishment where food and/or other refreshments are served and that possess a valid permit under sections 17-29 to 17-29.5 of the Code. Appropriately licensed restaurants and bars are generally qualified to apply for an outdoor cafe permit.
(6) Permittee: The recipient of an encroachment permit under the terms and provisions of this article.
(7) Permitted area: The area in which the encroachment of the outdoor cafe into or onto the public right-of-way is lawfully permitted pursuant to the encroachment permit.
(8) Sidewalk: That portion of the public right-of-way intended for the use of pedestrians extending up to twenty-five (25) feet in front of the facade of the permitted establishment.