An outdoor cafe service operated by an eating or drinking establishment which sells food or drink for immediate consumption may be permitted in the B-1, Central Business District, B-2, General Business District, W-M, Waterfront Recreation and Marina District, and NMD, Nautical Mile District, subject to the following conditions:
(A) A sketch plan depicting the location and layout of the café facility shall be required. Approval for the use is to be reviewed and completed administratively by the Zoning Administrator. A permit shall remain in effect, unless there is a change in ownership, a material change in the sketch plan, or the operation of the café fails to meet the standards contained herein.
(B) An outdoor café may be located in the front yard of or adjacent to the principal use establishment. An outdoor café that extends beyond the property lines of the principal use property shall require the written permission of the affected property owners.
(C) Within the B-1, W-M and NMD Districts, an outdoor café may be located on a public sidewalk, provided:
(1) A minimum of five (5) feet of unobstructed, pedestrian access along the sidewalk shall be maintained.
(2) The outdoor café shall be designed and maintained to ensure that this required unobstructed space is free of all obstructions and trip hazards.
(3) A minimum clearance height of eight (8) feet shall be provided from the sidewalk surface and any overhead projection associated with the outdoor café, such as an umbrella.
(4) Adequate space shall be provided for vehicle entry between on-street parking spaces and the sidewalk café.
(5) Fences, barricades or similar enclosures which may damage the public sidewalk are prohibited.
(6) No outdoor café shall be located within the triangular area formed at the intersection of any street edge with another street edge or driveway edge by a line drawn between the street or driveway edges at a distance along each line of 10 feet from their point of intersection.
(7) Additional restrictions may be placed, or exceptions to the above restrictions may be granted, by the Zoning Administrator to ensure that the use of the city sidewalk is conducted in a safe manner.
(D) An outdoor café shall comply with the corner clearance requirements of § 160.223.
(E) An outdoor cafe shall be allowed only during normal operating hours of the principal use establishment.
(F) 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 of the principal use establishment. There shall be no food cooking or preparation within the designated outdoor café space.
(G) The City shall not be liable or responsible for any type of damage, theft or personal injury, which may occur as a result of a public sidewalk café operation.
(H) All outdoor cafes shall comply with applicable regulations of the County Health Department and the State, including the Michigan Liquor Control Commission where any form of alcohol service is proposed.
(I) Any outdoor café operation shall be disclosed to the insurance carrier for the principal use establishment and shall be insured accordingly. The Zoning Administrator reserves the right to confirm insurance coverage for the café.
(J) Outdoor displays, seating and /or planters are prohibited from December 1, through and including March 31.
(Ord. 2018-006,passed 11-1-2018)