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Adjacent businesses and property owners shall be given priority consideration for furniture zone use for furniture zone areas abutting the adjacent property. The city may grant permission for multiple permit holders to use an individual site upon a written agreement between the parties, or in cases where multiple permits will not be in conflict. Priority of assignment is determined annually.
(1992 Code, § 29-67) (Ord. 2-10, passed 2-8-2010; Ord. 107-18, passed 11-13-2018)
(a) Prior to installation of a natural gas fire pit in the furniture zone, a fire pit installation permit is required. The permit application shall require a site plan that identifies the placement of the natural gas fire pit in the furniture zone, the fire pit's dimensions, the fire pits distance from the nearest object(s) and the designated pedestrian walkway, and any other information requested by the city. The city shall not issue a fire pit installation permit unless the applicant is found by the city to be in compliance with the following:
(1) The installation of the natural gas fire pit shall conform to all city fire, mechanical, and engineering requirements and manufacturer's specifications.
(2) The natural gas fire pit shall be installed with an "on and off" switch in a secure location within the applicant's business.
(3) A natural gas fire pit emergency remote shutoff switch shall be located in the immediate area of the natural gas fire pit and be accessible to the public.
(4) The natural gas fire pit shall be protected from all motor vehicles using affixed concrete bollards, concrete planters, or other similar devices.
(5) The natural gas fire pit shall be constructed to avoid being tipped over, but cannot be permanently affixed to the public right-of-way.
(6) A natural gas line shall be installed under the public right-of-way to the natural gas fire pit in compliance with SDCL 49-7A.
(b) A fire pit use permit shall not be issued by the city unless the applicant has secured a fire pit installation permit, and is found by the city to be in compliance with the following:
(1) The natural gas fire pit shall be at least ten feet from the adjacent business and must be two feet from any furniture or other objects set forth in § 117.066.
(2) The open flame and heat outlets must maintain clearance to all combustible materials and fire sprinkler heads.
(Ord. 107-18, passed 11-13-2018; Ord. 22-23, passed 4-11-2023)
(a) The city may deny, revoke or suspend a fire pit use permit, furniture zone use permit, parklet permit, or limited lease upon finding that any provision herein or any condition set forth in the permit or lease has been violated, but only after investigation and consultation with the permit or lease holder.
(b) Upon denial, revocation, or suspension, the city shall give notice of the action to the permit or limited lease holder in writing stating the action which has been taken and the reason therefor. The action shall be effective immediately upon receipt of the notice of the action by the permit or limited lease holder, but the permit or limited lease holder may appeal the action pursuant to §§ 30.040 through 30.046 of this Code. An appeal does not stay the immediate effect of the action.
(1992 Code, § 29-68) (Ord. 2-10, passed 2-8-2010; Ord. 107-18, passed 11-13-2018; Ord. 22-23, passed 4-11-2023)
RIGHT-OF-WAY ALLOWANCES IN THE CENTRAL BUSINESS DISTRICT; ADDITIONAL RULES SPECIFIC TO TYPE OF USE
Approved sidewalk cafés, sidewalk pubs, and parklets shall be considered an allowed extension of an adjacent business onto the furniture zone and only an existing business adjacent to a furniture zone may be allowed to operate a café or pub in the adjacent furniture zone area. Generally, the same rules and regulations which apply to the applicant’s typical business operation shall be applicable to the operation of sidewalk cafés and sidewalk pubs. The city retains the authority to modify these rules and regulations as they apply to the leased furniture zone use area.
(1992 Code, § 29-76) (Ord. 2-10, passed 2-8-2010; Ord. 22-23, passed 4-11-2023)
All sidewalk cafés, sidewalk pubs, and parklets shall provide a clear visual delineation of the café or pub area. Delineation may include existing pavement markings, existing objects, temporary barriers or new pavement markings, fencing or other methods if approved by the city planning and development services director or designee. Any proposed permanently affixed fencing or barrier shall undergo design review in accordance with §§ 160.449 of this Code, and receive the approval of the city public works and planning and development services departments, if applicable.
(1992 Code, § 29-77) (Ord. 2-10, passed 2-8-2010; Ord. 22-23, passed 4-11-2023)
The following criteria must be followed for placement of tables and chairs in a sidewalk café or sidewalk pub:
(a) A maximum ratio of up to one chair per ten square feet shall be allowed in the café, pub, or parklet area;
(b) A minimum of one table per café area must be ADA accessible;
(c) All tables and chairs must be commercial grade and designed for outdoor use;
(d) At the discretion of the city planning and development services director, or designee, furniture may be subject to design review under §§ 160.449.
(e) No table or chair shall be allowed within 12 inches of any traffic lane curb as measured from the back of the curb unless an appropriate buffer or barrier approved by the city is in place;
(f) Stacking of furniture shall be for temporary storage when the furniture zone area is not operating; stacking of furniture for extended periods of time is prohibited. Stacking of furniture shall be in such a way as to reduce aesthetic impacts and safety hazards; and
(g) Furniture is not allowed to be stored on the furniture zone before or after the effective date of lease.
(1992 Code, § 29-78) (Ord. 2-10, passed 2-8-2010; Ord. 22-23, passed 4-11-2023)
Permit and limited lease holders shall be responsible for ensuring that the operation of a café or pub does not impact the capacity of public trash receptacles by providing private receptacles on site and by mitigating excessive use of the public receptacles.
(1992 Code, § 29-79) (Ord. 2-10, passed 2-8-2010; Ord. 22-23, passed 4-11-2023)
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