(A) The proposal must meet all other regulating codes and requirements, including but not limited to, zoning, building, development, health, fire, police, and the like.
(B) Items shall be placed so that a five- foot-wide, unobstructed pedestrian walkway is maintained at all times. The walkway shall be located so as to be parallel to the curb line, and include an unobstructed, five-foot path, measured from the curb. Pedestrian clearances must be clearly evident.
(C) A five-foot clear zone shall be maintained at corner locations of two public sidewalks. No item shall be placed within five feet of the corner of the building on either side. This CLEAR ZONE shall be defined as a space measuring five feet from the corner of a building on both sides facing the sidewalk, so that the corner of the building is entirely free from obstruction.
(D) Sidewalk cafés on public sidewalks may delineate the space by use of theater ropes, or other such temporary means. Demarcation fences shall not require, nor shall be permitted to have postholes drilled into any sidewalk surface. Fences shall be easily removable, without leaving any lasting impression on the sidewalk.
(E) Items shall be adjacent to the building and shall not extend beyond the permit holder's property on any side.
(F) Items shall not obstruct normal ingress and egress from the business or other businesses.
(G) Items shall be at least 20 inches in height and shall be of a design and/or weight that will not create a wind-blown hazard.
(H) Umbrellas shall not encroach upon the five- foot clear zone or upon the five-foot walkway. Umbrellas shall be secured so as not to create a safety hazard. During severe weather conditions, the permit holder shall be responsible for removing and/or securing the umbrella so as not to create a safety hazard. Umbrella design is limited to a solid or striped colors. Natural, earth-toned colors are encouraged. No advertising shall be permitted on umbrellas, with the exception of one business or product logo may be displayed, up to a maximum of four square feet.
(I) If it determined that the hours of operation of the outdoor area will not negatively impact the use and enjoyment of the neighboring properties, outdoor activities shall not exceed the hours of operation of the principal use, excluding the sale of liquor, which may be further limited by the liquor license. Amplified music and music speakers are prohibited from the area.
(J) Access to interior bathrooms for customers must be provided at that property during hours of operation.
(K) Tables and chairs of establishments may, at the discretion of the city, be required to be removed during Canal Days, or other such events, potentially causing a conflict due to the volume of pedestrian traffic and other uses on the sidewalks.
(L) When there are sales and consumption of alcoholic beverages in the outdoor area, additional standards apply and it shall be licensed as set forth in § 111.09.
(M) Items shall be placed so that a five-foot- wide, unobstructed pedestrian walkway is maintained at all times. The walkway shall be located so as to be parallel to the curb line, and include an unobstructed five-foot path, measured from the curb. Pedestrian clearances must be clearly evident.
(N) Umbrellas shall not encroach upon the five-foot clear zone or upon the five-foot walkway. Umbrellas shall be secured so as not to create a safety hazard. During any severe weather conditions, the permit holder shall be responsible for removing and/or securing the umbrella so as not to create a safety hazard. Umbrella design is limited to a solid or striped colors. Natural, earth-toned colors are encouraged. No advertising is permitted on the umbrellas, with the exception that one business or product logo may be displayed, up to a maximum of four square feet.
(O) If it determined that the hours of operation of the outdoor area will not negatively impact the use and enjoyment of the neighboring properties, outdoor activities shall not exceed the hours of operation for the principal use, excluding the sale of liquor, which may be further limited by the liquor license. Amplified music and music speakers are be prohibited from the area.
(Ord. 01-292, passed 3-20-01; Am. Ord. 03-399, passed 6-18-03; Am. Ord. 06-677, passed 8-9-06; Am. Ord. 11-027, passed 8-17-11) Penalty, see § 91.99