A.   Purpose: These standards and procedures are adopted pursuant to this chapter to encourage appropriate outdoor activities in the public right of way to ensure that the space used for outdoor dining in the public sidewalk will serve a public purpose, to ease the process of obtaining permission to operate an outdoor dining facility, and to ensure adequate space for pedestrians on the sidewalk adjacent to sidewalk cafes.
   B.   Definitions:
   SIDEWALK CAFE: An outdoor dining area on a public sidewalk where patrons may consume food and/or beverages provided by an abutting food service establishment. Such establishments may either provide table service in the outdoor dining areas or sell takeout items to be consumed in the outdoor dining area. These regulations do not apply to outdoor dining on private property.
   C.   General Provisions:
      1.   Permit Required: Outdoor dining on a public sidewalk may occur only pursuant to a sidewalk cafe permit (issued to a particular business owner).
      2.   Prohibited Locations: Outside dining will not be permitted on sidewalks designated by the city council as shared bicycle and pedestrian facilities.
      3.   Permit Transfer: A sidewalk cafe permit is not transferable.
      4.   Zoning Requirements: Outdoor dining on a public sidewalk shall be subject to the requirements and limitations set forth in this code and all applicable federal, state and county statutes, ordinances and regulations. (Ord. 99.31, 8-2-1999)
      5.   Conditions Of Approval: The city manager shall have the authority to apply conditions to the approval of sidewalk cafe permits as appropriate to ensure compliance with the provisions of this policy.
      6.   Authority Of The City Manager; Appeal: The location and configuration of any sidewalk cafe shall be subject to approval by the city manager who shall consider reviews by the city engineer, police chief and building and zoning officer regarding public safety issues unique to the pedestrian and vehicular needs of the specific location. Notwithstanding any other provisions of this policy, the manager shall have the authority to deny any permit application or revoke any existing permit if it is determined to be detrimental to public health, safety or general welfare. The decision of the city manager may be appealed to the city board of zoning appeals and the city council by the applicant. The decision of the city council shall be final. (Ord. 99.31, 8-2-1999; amd. Ord. 2002.95, 4-21-2003)
      7.   Indemnification: The permittee shall defend, indemnify, and hold the city, and its employees harmless from and against any loss or damage arising from the use or existence of the improvements or encroachment authorized under a sidewalk cafe permit.
      8.   Insurance: The permittee shall obtain and maintain in force comprehensive general liability, broad form property damage and blanket contractual liability insurance in a combined single limit amount, per claim and aggregate of at least one million dollars ($1,000,000.00) covering the permittee's operations on the sidewalk. Such insurance shall name, on a special endorsement form, the city, its elected and appointed boards, officers, agents and employees as additional insiders. A certificate of insurance shall contain provisions that prohibit cancellations, modifications, or lapse without thirty (30) days' prior written notice to the city. (Ord. 99.31, 8-2-1999)
   D.   Application Procedure:
      1.   A permit shall be required for all encroaching furniture and improvements. The application shall be filed with the city manager on a form provided by the city. The application shall be signed by the owner of the property, or his authorized agent. Authorized agents shall submit written authorization. The application shall be accompanied by a site plan, drawn to scale and fully dimensioned, which accurately depicts the location, height, nature and extent of all proposed improvements and objects within the encroachment. All fixed features such as tree wells, signposts, parking meters, fire hydrants, newsracks, etc., within twenty feet (20') of the encroachment shall be depicted on the site plan.
      2.   Prior to issuance of the permit the applicant shall provide both the certificate of insurance and the completed standard special endorsement in a form meeting the approval of the city manager and the city attorney. (Ord. 99.31, 8-2-1999; amd. Ord. 2002.95, 4-21-2003)
   E.   Term: Valid permits shall remain in effect for one year. (Ord. 99.31, 8-2-1999)
   F.   Sidewalk Cafe Development Standards:
      1.   Horizontal Clearance: A clear, continuous pedestrian path no less than five feet (5') in width shall be required for pedestrian circulation outside of the outdoor dining area, provided that the city manager may require more than five feet (5') if necessary, to protect the public safety. Areas with heavy pedestrian traffic may be required to maintain a wider path. As used herein, pedestrian path means a continuous obstruction free sidewalk area, paved to city standards between the outside boundary of the dining area and any obstruction, including, but not limited to, parking meters, street trees, landscaping, streetlights, bus benches, public art and curb lines. These requirements may be modified at the discretion of the city manager in locations where unusual circumstances exist and where public safety would not be jeopardized. (Ord. 99.31, 8-2-1999; amd. Ord. 2002.95, 4-21-2003)
      2.   Allowable Uses: An outdoor dining area may incorporate street trees or street furniture, provided that the required pedestrian path is maintained outside of the outdoor dining area. (Ord. 99.31, 8-2-1999)
      3.   Setbacks From Corners, Streets And Alleys: When an outdoor dining area is located at a street corner a ten foot (10') setback from the corner of the building shall be maintained along both frontages. When an outdoor dining area is located adjacent to a driveway or an alley, it may be modified at the discretion of the city manager in locations where unusual circumstances exist and where public safety would not be jeopardized (e.g., the sidewalk adjacent to the proposed outdoor dining areas is wider than usual or the perimeter of the building has an unusual configuration).
      4.   Extension To Adjacent Properties: Subject to approval of the city manager an outdoor dining area may extend onto the sidewalk in front of an adjacent business with the written consent of the adjacent business owner and property owner. (Ord. 99.31, 8-2-1999; amd. Ord. 2002.95, 4-21-2003)
      5.   Alcoholic Beverages: Alcoholic beverages shall not be consumed at sidewalk cafes.
   G.   Design Standards:
      1.   Barriers:
         a.   No barrier shall be required if the applicant proposes to limit the outdoor dining area to one row of tables and chairs abutting the wall of the establishment.
         b.   Barriers should complement the building facade as well as any street furniture and be somewhat transparent (such as wrought iron) and shall be able to withstand inclement weather. (Ord. 99.31, 8-2-1999)
         c.   Barriers and furniture shall be removed a the end of each business day unless otherwise approved by the city manager. Barriers shall be capable of being removed through the use of recessed sleeves and posts, by wheels that can be locked into place, or weighted bases. The height of any barrier shall not exceed three feet six inches (3'6"). (Ord. 99.31, 8-2-1999; amd. Ord. 2002.95, 4-21-2003)
      2.   Awnings And Umbrellas: The use of awnings over the outdoor dining area and removable table umbrellas may be permitted provided they do not interfere with street trees. No portion of an awning shall be less than eight feet (8') above the sidewalk and no portion of an umbrella shall be less than seven feet (7') above the sidewalk. Awnings may extend up to five feet (5') from the building front or cover up to fifty percent (50%) of the outdoor dining area, whichever is less. Awnings shall have no support posts located within the public right of way. A building permit must be obtained prior to installation of any awning.
      3.   Lighting: Outdoor lighting fixtures should complement the style of the building. Lighting fixtures shall not be glaring to motorists or pedestrians on the adjacent right of way, and shall illuminate only the outdoor dining area. Outdoor lighting may be installed on the facade of the building. Electrical fixtures shall not be permitted in the public right of way. Lighting shall be installed by a licensed electrician under an electrical permit from the building department. Battery operated lamps or candles will be permitted.
      4.   Design: The design, material, and colors used for chairs, tables, umbrellas, awnings and other fixtures should complement the architectural style and colors of the building facade and street furniture.
      5.   Signs: Notwithstanding any provisions in this code, signs and logos shall be permitted on umbrellas in outdoor dining areas. (Ord. 99.31, 8-2-1999)
   H.   Fees:
      1.   Application Fee: An application fee of twenty five dollars ($25.00) shall be paid at the time a sidewalk cafe permit application is submitted to the city manager. (Ord. 99.31, 8-2-1999; amd. Ord. 2002.95, 4-21-2003)
      2.   Annual Use Fee: An application fee of fifty dollars ($50.00) (sidewalk dining area of 100 square feet or less) or one hundred dollars ($100.00) (sidewalk dining area over 100 square feet) shall be paid upon annual renewal of a sidewalk cafe permit. No use fee shall be charged during the first year of operation. (Ord. 99.31, 8-2-1999)
   I.   Violation; Remedy: In addition to any other penalty or legal remedy at law or in equity, in the event that a permittee fails to abide by the provisions of a permit, the city manager may summarily abate any encroachment or improvement that is in violation of this policy. The permittee or property owner shall pay all costs incurred by the city in abating the encroachment or improvement. The permittee or property owner may appeal the decision of the city manager to the city zoning board of appeals and city council. The determination of the city council with respect to abatement shall be a final city decision. (Ord. 99.31, 8-2-1999; amd. Ord. 2002.95, 4-21-2003)