[Gen. Ords. 1959, § 12.04; Ord.
No. 5197, § 2, 7-11-1968]
No person shall place or keep in, across, or upon any street,
alley or sidewalk any fence, building, porch, stairway, cellar steps,
stationary awning or other stationary object which may interfere with
the full and free use by the public of such streets, alleys, or sidewalks,
unless specifically authorized by ordinance so to do.
[Gen. Ords. 1959, § 52.37]
No person shall place or maintain or cause to be placed or maintained
any awning, canopy, shade or frame for the same in any street without
the permission of the Council, nor unless the canopy, awning or frame
shall be safely and securely fastened and so located and constructed
as not to interfere with pedestrians, and so that the lowest part
thereof shall not be less than eight feet above the sidewalk nor extend
beyond the line of the sidewalk. The person so placing or maintaining
the canopy, awning or frame shall conform to any directions relative
to the materials, construction and maintenance thereof, which shall
be given by the City Engineer. All permits for the erection of such
awnings, canopies, shades or frames shall be subject to the right
of the City to revoke the permit on three months' notice, and if the
owner or any person having care thereof fails to remove the same at
the expiration of such period, the Director of Public Services shall
cause the canopy, awning or frame to be removed at the expense of
the owner or permittee, as provided in the building code of the City.[1]
[Gen. Ords. 1959, § 12.04; Ord.
No. 5197, § 2, 7-11-1968]
No person shall place, expose or offer any merchandise or property
upon any street, alley or sidewalk for show or sale by auction or
otherwise. No person shall place or cause to be placed upon any street,
alley or sidewalk any sign, box, barrel, goods, wares, lumber, building
materials or any article whatsoever so as to obstruct or otherwise
encumber the public way, unless specifically authorized so to do by
a special provision included as a part of an evacuation or building
permit, or to comply with the requirements for guarding working areas
as specified in this chapter. Nothing in this section shall prohibit
merchants from using the sidewalk when receiving or shipping goods,
provided the use of the street, alley or sidewalk is obstructed as
little as possible and for as short a time as possible.
[Ord. No. 8208, 5-6-1993; Ord. No. 10799, 2-15-2023]
Restaurants may utilize the public sidewalk for outdoor seating
under the following provisions:
a.
Seating for not more than 12. Restaurants in commercial districts
may provide seating for not more than 12 on the public sidewalk contiguous
to their restaurant facility under the following conditions:
1.
No permanent structures or paving are installed.
2.
No outdoor speakers or music shall be allowed.
3.
Outdoor tables, chairs, furniture and decorative items shall be of
uniform design.
4.
Provisions shall be made for adequate litter and trash control, including
the providing and maintenance of trash receptacles. The outdoor area
shall be kept clean and free of debris at all times.
5.
Restaurant service equipment shall not be permitted outdoors.
6.
An unobstructed pedestrian walkway six feet wide shall be maintained
on the public sidewalk between the tables, umbrellas, and the vehicle
traffic way.
7.
The seating shall not obstruct any entry- or exit-way of the building
or adjacent buildings.
8.
Hours of sidewalk use are limited from 6:00 a.m. to 12:00 midnight
except in B-1, where it shall be limited from 7:00 a.m. to 10:00 p.m.
9.
Provision shall be made for appropriate lighting which will not disturb
adjacent property or affect traffic on adjacent rights-of-way.
b.
Seating for more than 12. Restaurants may apply for outdoor dining
on the public sidewalk contiguous to their restaurant facility for
more than 12 under the following procedures:
1.
The Planning and Zoning Commission and Public Services Department
shall review the application and plans, taking into account the criteria
of the Zoning Code for a Special Use Permit (as applicable) and the
following conditions:
a.
Parking. That adequate off-street parking exists for the increased
restaurant use. A determination of inadequate off-street parking shall
be grounds for denial of the permit. This evaluation shall recognize
any exceptions or exemptions included in the City's current parking
requirements.
b.
Outdoor speakers/music. Outdoor speakers or music shall not be permitted.
c.
Outdoor furniture. Outdoor tables, chairs, furniture, and decorative
items shall be of uniform design.
d.
Lighting. Temporary lighting may be approved. Permanent lighting
shall not be permitted.
e.
Permanent structures. No permanent structures or paving shall be
installed.
f.
Hours of operation. Hours of sidewalk use shall be from 6:00 a.m.
to 12:00 midnight except in B-1 and residential districts, where it
shall be limited from 7:00 a.m. to 10:00 p.m.
g.
Litter control. Provisions are made for adequate litter and trash
control, including the providing and maintenance of trash receptacles.
The outdoor area shall be kept free of debris at all times.
h.
Pedestrian walkway. An unobstructed pedestrian walkway at least six
feet wide shall be maintained on the public sidewalk between the tables,
umbrellas, and the vehicle traffic way.
i.
Building obstructions. The dining area shall not obstruct any entry-
or exit-way of the building or adjacent buildings.
j.
Lighting. If approved, provision shall be made for appropriate lighting
which will not disturb adjacent property or affect traffic on adjacent
rights-of-way.
k.
Other conditions. Any other conditions or provisions regarding public
safety or health as determined by the Council.
2.
The City Council shall review the Planning and Zoning Commission's
and Public Services' recommendations and may, upon motion, approve
a Special Use Permit for the restaurant proprietor for outdoor dining
under the following provisions:
a.
Upon Council approval of a motion granting the application, the initial
permit shall be issued for a one-year period. At the end of the first
one-year period, said permit is subject to renewal by the City Council
through consideration of a resolution without a requirement for a
public hearing.
b.
After the initial one-year renewal, the permit is subject to renewal
as required within the conditions of the permit after inspection and
approval by the Public Services Department and Police Department,
provided that the proprietor has conformed to the provisions of this
section and the initial approval conditions, if any. In the event
the Police Department or Public Services Department notifies the City
Council in writing that the proprietor has failed to conform to any
provisions of this section or approval conditions, then the Council
will consider said information during renewal review of the permit
to determine if renewal is appropriate.
c.
The initial and renewal special use permit fee for outdoor dining
shall be as set by the Council by resolution from time to time.
d.
The permit may be revoked by the Council upon written notification
by the Police Department or Public Services Department of a violation
of this section or the approval conditions following a hearing.
