A sidewalk café service operated by a restaurant or other food establishment which sells food for immediate consumption may be permitted in the Central Business District (CBD), subject to the following conditions.
(A) A site plan depicting the location and layout of the café facility shall be required. Approval for the use is to be done administratively by the Zoning Administrator. A permit shall remain in effect, unless a change in ownership occurs or the operation of the café fails to meet the standards contained herein.
(B) A sidewalk café may be located in the front yard of or adjacent to the establishment. A sidewalk café that extends beyond the property lines of the applicant shall require the permission of the affected property owners.
(C) If a sidewalk café is located on a public sidewalk, a minimum of five feet of unobstructed, pedestrian access along the sidewalk shall be maintained. Adequate space shall be provided for vehicle entry between on-street parking spaces and the sidewalk café.
(D) A sidewalk café shall be allowed only during normal operating hours of the establishment.
(E) The exterior of the premises shall be kept clean, orderly, and maintained or the permit may be revoked. All food preparation shall be inside of the premises.
(F) The city shall not be held liable or responsible for any type of damage, theft, or personal injury which may occur as a result of a sidewalk café operation.
(G) All sidewalk cafés shall comply with applicable regulations of the County Health Department and the state.
(H) Use of sidewalks for other than sidewalk café service, particularly for sidewalk sales, is also permitted in the CBD, subject to the above conditions and the following: the time limit for sidewalk sales and other such uses shall be limited. The sidewalk sales shall not exceed 48 hours. In addition, the use of the sidewalk for such at a particular location shall be limited to three times a year.
(Ord. 285, passed 12-8-2003) Penalty, see § 154.999