(a) The Director, consistent with the provisions of this chapter and the Zoning Code, shall establish rules and regulations as the Director deems proper with respect to permitted locations for the operation of outdoor restaurants, outdoor seating, and outdoor retail. The Director shall consider the operation and location of the outdoor restaurants, outdoor seating, and outdoor retail, the maintenance of the business establishment requesting a permit, the proximity and location of emergency exits, fire standpipes, fire hydrants, driveways, handicap ramps, handicapped parking zones, commercial loading and unloading zones, the condition of the sidewalk, and other factors he deems relevant. The Director may modify the rules and regulations as he deems necessary.
(b) The issuance of permits and the maintenance of tables, chairs, and other structures shall be subject to the rules and regulations established by the Director, the Zoning Code and the following conditions and restrictions:
(1) The public health, safety or welfare will not be negatively impacted upon the granting, or renewal, of such a permit;
(2) Outdoor restaurants, outdoor seating, and outdoor retail shall not obstruct emergency exits or fire standpipes;
(3) Outdoor restaurants, outdoor seating, and outdoor retail shall not occupy any portion of the roadway or within two (2) feet of the curb;
(4) Outdoor restaurants, outdoor seating, and outdoor retail shall not be permitted within six (6) feet of any fire hydrant, within five (5) feet of any driveway, within three (3) feet of any sidewalk handicap ramp, or within that portion of the sidewalk parallel to an area designated for parking, handicapped parking or commercial loading and unloading;
(5) At any location where the clear, continuous, unobstructed sidewalk for the passageway of pedestrians is reduced to less than six (6) feet; and
(6) The applicant or the property owner is not delinquent in any taxes or other obligations to the City or to Ottawa County.
(Ord. 8-21. Passed 4-13-21.)