Temporary Use of Sidewalks
Sec. 32-179. Sidewalk cafes.
Sidewalk cafes are outdoor areas located temporarily on a public sidewalk or a public right of way contiguous with any side of a building wherein a restaurant is located and where food and beverages are taken for consumption by persons sitting or standing at tables in that area.
(1) Permitted areas.
a. Sidewalk cafes may be permitted in C-1, C-2, M-1 and M-2 zones.
b. A sidewalk cafe area must be contiguous with any side of a building where a restaurant
or food service establishment is located, and shall be referred to as the sidewalk cafe area.
(2) Sidewalk cafe area compliance requirements.
a. The sidewalk cafe, as part of a restaurant, must be licensed by the department having
jurisdiction for food licensing and inspection.
b. A sidewalk cafe area may not extend onto the sidewalk in a manner that will not allow
a minimum of five feet of unobstructed sidewalk adjacent to the street for pedestrian
use.
c. No tables or chairs shall be placed in street corner areas defined by building lines
extended to the street, and no closer than five feet from an alley.
d. The area for a sidewalk cafe may be temporarily delineated by ropes or some other
suitable method, but such delineation shall be clearly visible to pedestrians. Tables, chairs and other items are to be removed at the end of each day's operation, and the sidewalk cafe area shall be restored to its normal condition as a pedestrian way. No materials shall be stored on the public right of way.
e. A sidewalk cafe may not utilize any public amenities such as benches, seats, tables or
trash receptacles.
(3) Operation of a sidewalk cafe.
a. The sidewalk cafe may be operated and used any time of the year.
b. Sidewalk cafes may be set up and operated each day between the hours of 6:00 a.m.
and 10:00 p.m., and restored to a normal pedestrian walkway at all other times.
c. Advertising shall not be permitted in the sidewalk cafe area except for the name of the
establishment on chairs, tables, umbrellas or other amenities, as approved by the city.
The amenities used in the sidewalk cafe area shall be maintained in good condition.
d. No blockage of building entrances or exits shall be permitted in a sidewalk cafe area.
e. Additional restroom capacity may be required to comply with the city building codes.
f. Occupancy limits shall be determined as set forth in the city fire code.
g. Operation of the sidewalk cafe shall be in conformity with all applicable federal, state,
and local laws and regulations.
h. No additional parking shall be required for the operation of the sidewalk cafe.
i. Sidewalk cafe areas shall be subject to inspection, as a part of the licensed restaurant, at
a frequency required by the applicable state code.
j. The sidewalk cafe shall be responsible for trash removal and must maintain the area and
surrounding five feet in a clean and litter free manner during all hours of operation, and
shall restore the area and surrounding five feet to its normal condition as a pedestrian
way and litter free after operation each day.
(4) Sound equipment. Amplified sound equipment is not permitted.
(5) Issuance of sidewalk cafe permits.
a. Establishments must apply for a sidewalk cafe permit prior to the operation of a
sidewalk cafe.
b. Applicants shall file an application with the city clerk, on forms provided by the city
and will be submitted to the city council for approval or denial.
c. Applicants shall provide proof of insurance as required by the city.
d. Each sidewalk cafe permit holder shall be required to indemnify, defend and hold
harmless the city, its officers, agents, attorneys and employees from and against any claim of loss, liability or damage by any person arising as a result of the applicant's operation of the sidewalk cafe.
e. Sidewalk cafe permits shall be valid for one year from the date of issuance and the fee
shall be set by resolution of the city council.
(6) Sidewalk cafe permit revocation. A sidewalk cafe permit may be revoked by the city council, following written notice to the permit holder, if one or more of the conditions of the permit or this chapter have been violated or if the sidewalk cafe is being operated in a manner which constitutes a nuisance, or unduly impedes or restricts the movement of pedestrians. Following revocation, the permit holder shall not be eligible to file a new permit application for a period of six months.
(7) Violations. Persons or firms found guilty of violating any provision of this article will be subject to the provisions of section 1-8(a)--(c) of the City Code.
Sec. 32-180. Temporary use of sidewalk permits.
Temporary use of sidewalk permit shall be limited to the temporary use of a public sidewalk and right of way by a business or organization for the display or sale of merchandise, food and/or beverages for a period of no more than three consecutive days for any one permit.
(1) Temporary use of sidewalk permit requirements.
a. Temporary use of sidewalk permits may be permitted in zoning districts C-1, C-2, M-1
and M-2, excluding permits for sidewalk cafes.
b. Businesses and organizations must apply for a temporary use of sidewalk permit prior
to setting up a display or selling any merchandise, food or beverages.
c. Temporary use display area shall allow a minimum of five feet of unobstructed
sidewalk for pedestrian use.
d. Applicants shall file an application with the city administrator or designee on forms
provided by the city.
e. Applicants shall provide proof of insurance, when required by the city.
f. Each temporary use of sidewalk permit holder shall be required to indemnify, defend
and hold harmless the city, its officers, agents, attorneys and employees from and against any claim of loss, liability or damage by any person arising as a result of the applicant's operation of the display or selling area.
g. Temporary use of sidewalk permits are valid for the period of time stated on the permit,
but in no case shall the permit be valid for longer than three consecutive days.
(2) Issuance or denial of permit. The city administrator or designee shall grant or deny the application for temporary use of sidewalk permit in writing. The city administrator or designee shall issue no more than four temporary use of sidewalk permits per calendar year per business or organization.
(3) Appeals. If the permit is denied the applicant may appeal the determination to the city council within five working days of the decision. The applicant will file a written notice of appeal with the city clerk. In such event, a hearing will be held as soon as is practical and no later than 30 days. Upon such hearing, the city council may approve or deny the permit. The city council's decision is final.
(4) Prohibited. The sale, transfer, or assignment of a temporary use of sidewalk permit is expressly prohibited.
(5) Revocation of permit. The city administrator or designee, or the city council if issued following an appeal, may revoke a permit if one or more of the conditions of the permit or of this chapter have been violated or if display or sale of merchandise is being operated in a manner which constitutes a nuisance, or unduly impedes or restricts the movement of pedestrians.
(6) Violations. Persons or firms found guilty of violating any provision of this article will be subject to the provisions of section 1-8(a)--(c) of the City Code.
Sec. 32-181. Street/sidewalk use/special events (SSUSE) permits.
Street/sidewalk use/special events (SSUSE) permits can be issued to persons, organizations and businesses for events or activities not covered in the above sections. Types of events covered by this permit include, but are not limited to: parades, block parties, community clean up events, festivals, street and sidewalk use by contractor vehicles or equipment, construction dumpsters. SSUSE permits may be issued in all zoning districts.
(1) Street/sidewalk use/special events (SSUSE) permit requirements.
a. Applicants must apply for a SSUSE permit prior to the start of the event or use of the
street.
b. Applicants shall file an application with the city administrator or designee on forms
provided by the city.
c. Applicants shall provide proof of insurance when required by the city.
d. Each SSUSE permit holder shall be required to indemnify defend and hold harmless the
city, its officers, agents, attorneys, and employees from and against any claim of loss,
liability or damage by any person arising as a result of the applicant's use or activity.
e. SSUSE permits are valid for the period of time stated on the permit.
(2) Issuance or denial of permit. The city administrator or designee is authorized to grant or deny the SSUSE permit in writing.
(3) Appeals. If the permit is denied the applicant may appeal the determination to the city council within five working days of the decision. The applicant will file a written notice of appeal with the city clerk. In such event, a hearing will be held as soon as is practical and no later than 30 days. Upon such hearing, the city council may approve or deny the permit. The city council's decision is final.
(4) Prohibited. The sale, transfer, or assignment of the SSUSE permit is prohibited.
(5) Revocation of permit. The city administrator or designee, or the city council, if the permit is issued following an appeal, may revoke a permit if one or more of the conditions of the permit or this chapter have been violated, or if the use of the street or special event is utilized or being operated in such a way as to constitute a nuisance, or unduly impedes or restricts the movement of pedestrians.
(6) Violations. Persons or firms found guilty of violating any provision of this article will be subject to the provisions of section 1-8(a)--(c) of the City Code.