§ 12.13.065. Sidewalk dining occupancy permit standards.

All permits issued pursuant to the terms of this chapter shall conform to all of the following requirements, and no permit may be issued which does not so conform:

A.

The minimum width of the public walkway to be occupied shall be not less than ten feet, and the sidewalk dining area must permit at least five feet of unobstructed area of public walkway, unless additional or lesser public walkway is approved by the director on the basis of the considerations specified in this chapter.

B.

The sidewalk dining area shall not extend beyond the boundaries of the abutting property and shall not be located in a manner which interferes with the flow of pedestrian or other traffic.

C.

The maximum height of any obstruction shall be four feet and all such obstructions shall be entirely portable.

D.

A permit may be issued only to the operator of a business on the abutting property.

E.

A permit is not transferable to any entity or person and is valid only as to the original applicant.

F.

Use, occupation and obstruction of the public walkway which is permitted under this chapter may be temporarily suspended, without prior notice or hearing, when, in the discretion of the director, the police chief, or the fire chief, any such use, occupation or obstruction may interfere with public safety efforts or programs, street improvement activities, construction activities, cleaning efforts or other similar activities or with the health, welfare or safety of the citizens of the city.

G.

The sidewalk dining area shall be kept in a good state of repair and maintained in a clean, safe and sanitary condition.

H.

The sidewalk dining area may be defined by placement of portable but sturdy fencing or other suitable dividers as required or approved by the director.

I.

All fencing, dividers and obstructions shall also be reviewed and approved by the planning director in order to ensure that they are in keeping with the aesthetic and architectural character of the area and with all approved design guidelines for the area.

J.

There shall be no modification of the texture of the surface of the public walkway.

K.

The sidewalk dining area may not be located within twenty feet of an intersection (measured to the prolongation of the near curb of the intersecting street) or within ten feet of a driveway or alley (measured to the near end of the fully depressed portion of an apron-type driveway or to the prolongation of the near curb of the driveway).

L.

The sidewalk dining area shall be located in a manner which will not interfere with visibility, vehicular or pedestrian mobility or access to city or public utility facilities. The determination of whether a sidewalk dining area or any part thereof interferes shall be made by the director at the time of application based on the characteristics of each proposed site.

M.

There shall be no covering over any part of the sidewalk dining area except for awnings attached to the abutting property, and approved pursuant to all city requirements, including, but without limitation, all requirements of Title 17 of this code, and except for individual table umbrellas.

N.

The director may, in his or her sole discretion, place additional conditions upon the issuance of the permit in order to insure the protection of the public rights-of-way and the rights of all adjoining property owners and the health, safety and welfare of the public.

O.

Permits shall be considered temporary and nonpermanent in nature, and permittee shall have neither property interest in nor any entitlement to the granting or continuation of any such permit.

P.

An annual report shall be submitted to the city in the manner specified in Section 12.13.095.

Q.

Permits may be terminated by the city, with or without cause, regardless of the nature and scope of financial or other interest in, or on account of the permit or the permitted use.

R.

Permits, sidewalk dining areas and obstructions shall conform with all other applicable city and other governmental requirements including, without limitation, zoning and design review, except as otherwise provided herein.

(Ord. 6515 § 2 (part), 1992)