§ 24-247. Sidewalk cafe standards—Location.  


Latest version.
  • (a)

    Generally. The sidewalk cafe shall be located adjacent to a portion of a building occupied at street level by a food or beverage service establishment having the same operator. In a case where the building occupied by such establishment is set back from the street right-of-way line, and the entire setback area is lawfully used for purposes of outdoor dining pursuant to applicable zoning regulations, the sidewalk cafe shall be permitted to be located adjacent to such outdoor dining area. In no case shall a sidewalk cafe extend beyond the extremities of the building or portion thereof occupied by the food or beverage service establishment.

    (b)

    Pedestrian passageway.

    (1)

    A pedestrian passageway within the sidewalk area outside of the sidewalk cafe shall be observed, and shall consist of a continuous area between the sidewalk cafe and the back of the curb along the entire length of the sidewalk cafe. Such pedestrian passageway shall be not less than five feet in width, except as provided in Subsection (b)(2) of this section, and shall be unobstructed by any tree well, bench, bus passenger shelter, mailbox, newspaper box, lamppost, traffic signal pole, traffic or parking sign, parking meter, wheelchair ramp, driveway, fire hydrant, trash receptacle or similar sidewalk feature.

    (2)

    The Director of Public Works may approve a lesser or require a greater pedestrian passageway width if the Director finds that such is justified based on the volume of pedestrian traffic; physical condition, alignment and overall width of the sidewalk; volume of vehicle traffic on the street, lane width and function or speed limit; or similar factors; provided that the Director is satisfied that an adequate continuous passageway for safe and convenient circulation of pedestrian traffic will be maintained along the sidewalk.

    (c)

    Pedestrian visibility. The location, dimensions, layout and other features of the sidewalk cafe shall be designed so as not to unreasonably obstruct pedestrian visibility of the ground floor of buildings that adjoin the food or beverage service establishment to which the sidewalk cafe is related.

    (d)

    Distance from property zoned residential. The sidewalk cafe shall not be located within 100 feet of and fronting along the same street as property in a residential zoning district, other than the R-63 district.

    (Code 2004, § 90-278; Ord. No. 2012-189-189, § 1, 11-12-2012)

(Code 2004, § 90-278; Ord. No. 2012-189-189, § 1, 11-12-2012)