Isleton Municipal Code Ch. 4.16 Sidewalk Café

Sidewalk cafés may be established and operated with portion of the public right-of-way adjacent to streets and highways within the city subject to the review and approval of a revocable sidewalk use permit for such use of the public right-of-way by the city council.

The establishment and continued operation of sidewalk cafés pursuant to such a revocable sidewalk use permit shall also be subject to such additional requirements, if, applicable imposed by the state alcoholic beverage commission (ABC), the Americans with Disabilities Act (ADA) applicable state and local fire code provisions and requirements, or other agency having jurisdiction.

The use of the public right-of-way shall be in conjunction with and an accessory use to the operation of a restaurant on immediately adjacent property which his operating on said property in conformance with applicable provisions of the city zoning ordinance and other city codes and ordinances. All required city building, zoning and revocable sidewalk use permits shall be obtained and necessary improvements to the sidewalk and adjacent property completed and approved by the building official prior to the commence of operations of the sidewalk café on the public right-of-way.

(Ord. No. 348)

An application for a sidewalk café revocable sidewalk use permit shall be obtained, completed and returned to the city clerk for review and approval by the city council as required in this chapter. A fee shall accompany said permit application and shall be used by the city for the purpose of reimbursing itself for the expenses it occurs in processing the application. The amount of said fee shall be determined by resolution of the city council. Prior to commencement of use of such property under a revocable sidewalk issued under this chapter, the revocable sidewalk use permittee shall repair any portion of the sidewalk are which is damaged, as determined by the building official in accordance with current city construction standards of sidewalks.

All applicants for sidewalk café revocable sidewalk use permits shall be made on forms provided by the city clerk and shall include such information, maps and plans as may be reasonably required by the building official given the nature of the proposed use of the public right-of-way. Each application must be accompanied by a sidewalk seating plan showing the location of tables and chairs, all public and private walkway clearances, building entrances, barrier elements, fixed walkway elements and sidewalk utility boxes within a minimum 25-foot radius of the sidewalk café barrier element and any other features as determined by the building official.

(Ord. No. 348)

Prior to issuance of a revocable sidewalk use permit for a sidewalk café, the permittee shall obtain and maintain public liability insurance in such form and in such amounts as is determined reasonable and necessary by the city council to protect the city. In addition, the permittee shall agree to indemnify, defend and save harmless the city claims, damages and liability arising out of the use of the public right-of-way in such form as may be reasonably required by the city attorney.

(Ord. No. 348)

The following standards shall apply to all sidewalk cafés operating with a revocable sidewalk use permit from the city:

A. The city revocable sidewalk use permit approving the sidewalk café and the allowable number of tables and chairs, as determined in the revocable sidewalk use permit, shall be displayed in a prominent location easily accessible to the public on or adjacent to the café area. Any ABC revocable sidewalk use permit required for the café shall also be displayed.

B. A decorative element separating outdoor café seating area from adjacent pedestrian traffic must be provided. The design and materials of such element must complement and be compatible with the architectural design of the restaurant building façade or of a design that adds visual interest to the street scape.

C. A sidewalk café may be uncovered, partially covered, or fully covered by means of umbrellas, awnings or canopies.

D. Decorative accent lighting may be incorporated into the outdoor areas and shall meet all city and applicable Code requirements.

E. Sidewalk cafés shall not obstruct sidewalk pedestrian traffic, accessibility to vehicles parked adjacent to the curb, or create public health or hazards.

F. A minimum of 36 inches of clearance shall be permanently maintained for pedestrian use between the outer-most barricade edge of the sidewalk café and any fixed or temporary obstruction which is contained in the area between the out-most barricade edge and the curb edge. This clear zone must be paved.

G. If appropriate, a "No Parking" zone may be designated on public rights-of-way adjacent to the sidewalk café subject to approval by the city council.

H. Sidewalk cafés areas shall be used only as seating areas. Storage, kitchen, or restroom uses are not allowed. Tables and/or chairs must be movable unless otherwise approved by the building official.

(Ord. No. 348)

The building official shall be responsible for the enforcement of this chapter and all of the terms and conditions of any revocable sidewalk use permit issued hereunder. If the permittee violates any of the terms and conditions of this section or of the revocable sidewalk use permit, the building official may revoke the revocable sidewalk use permit at any time after not less ten days' written notice of his or her intention to do so to the holder of the revocable sidewalk use permit. Any such order made by the building official may be appealed to the city council.

In addition, a revocable sidewalk use permit granted pursuant to his chapter may be revoked by the city council at any time, with ten days' prior written notice to the permittee of its intention to do, when the council determines, in its sole discretion, that the continued use of the public right-of-way as the site of a sidewalk café is not in the public interest.

(Ord. No. 348)