§ 15:331. Standards and criteria for application review.

The following standards and criteria shall be used in reviewing the application and design drawings required in section 15:330:

(1)

Dimensions:

a.

Sidewalk cafés should be located in such a manner that a distance of not less than five (5) feet is maintained at all times as a clear and unobstructed pedestrian path. The director of development, in his/her reasonable discretion, and on a case-by-case basis, may approve and allow for a pedestrian path of less than five (5) feet when an applicant/permittee's sidewalk café operation would be significantly impacted and if the proposal meets American with Disabilities Act (ADA) requirements for the purpose of this section, "unobstructed" shall mean that nothing shall exist within the designated clear zone except the sidewalk paving and underground utilities. In areas of congested pedestrian activity, the director of the department of development is authorized to require a wider pedestrian path, as circumstances dictate.

b.

A minimum clearance of (1) foot from the café seating boundaries to the edge of curb shall be maintained at all times. A minimum clearance of (2) feet from the café seating boundaries to the edge of curb shall be maintained at all times if the sidewalk café is located adjacent to on street parking or loading zone(s).

c.

A clearance of three (3) feet shall be maintained between any element of a sidewalk café and a fire hydrant.

d.

A clearance of three (3) feet shall be maintained between any element of a sidewalk café and a fire department sprinkler/standpipe Siamese connection.

(2)

No element of a sidewalk café shall reduce or impede the effectiveness or unobstructed use of a fire escape.

(3)

Sidewalk cafés shall be restricted to the sidewalk frontage of the licensed restaurant to which the permit is issued, provided written approval is supplied by the building owner and any affected lessee.

(4)

Tables, chairs, umbrellas and any other objects provided with the sidewalk café shall be of sufficient quality, design, materials, and workmanship to ensure the safety and convenience of users, and to enhance the visual and aesthetic quality of the urban environment. Design, materials, and colors shall be sympathetic and harmonious with the urban environment, as determined by the reviewing entities provided for in section 15:330.

(5)

All material shall be fire retardant, pressure-treated or manufactured of fire resistant material.

(6)

No element of a sidewalk café shall reduce or impede the effectiveness or unobstructed use of a fire escape.

(Ord. No. 12006, § 1, 4-25-01; Ord. No. 16361, § 1, 10-26-16)