Sec. 250.806. - Location rules and review.

The applicant will be guided by the following in the drawing required in Section 250.804 (4): (1) The area to be considered must have sidewalks or alleyways which are 12 feet in width or greater. This condition can be reduced if such reduction will not have a detrimental impact on the public health, safety or welfare nor impede pedestrian travel along the sidewalk or alleyway, as determined by DIA. (2) Downtown sidewalk cafes or bars proposed for areas which have a high density of pedestrian usage will be located such that there is a clear pedestrian passageway of at least six feet; otherwise, four feet of clear pedestrian passageway will be required. This condition can be reduced if such reduction will not have a detrimental impact on the public health, safety or welfare nor impede pedestrian travel along the sidewalk or alleyway, as determined by DIA. (3) The proposed location shall be approved by DIA. (4) DIA may require the downtown sidewalk cafe or bar area to be separated from the designated pedestrian passageway by barrier, such as a planter, decorative wall or fencing surrounding the perimeter. If required, the height of the barrier, decorative wall or fencing shall be at least three feet. If a hole in the sidewalk is used for the barrier, it shall be capped when the barrier is not in place. The barrier, fence or wall shall be of material and design in keeping with the character of the neighborhood. (5) No obstruction shall be placed within 18 inches of the face of any curb, within five feet of any fire hydrant, fire exit, or building entry, nor within ten feet of any bus stop. (6) No additional signage shall be permitted on the sidewalk. (7) Non-amplified presentation of entertainment shall be permitted in the outdoor eating and drinking areas. (8) The use of public sidewalks for cafe or bar service shall not be permitted when it has been determined that: (i) The number of pedestrians using the public sidewalk is too great to allow any obstruction; (ii) The sidewalk is being used to store or prepare food/beverage for serving patrons in the downtown sidewalk cafe, bar or main seating area of the restaurant. It is intended that the downtown sidewalk cafe or bar area be used solely to serve patrons with food/beverage stored/prepared in the adjacent cafe/bar/restaurant. (iii) The obstruction of the public sidewalk or alleyway for cafe or bar use may in any other way endanger the health, safety or welfare of the public, or be detrimental to surrounding property values by reason of such factors as noise, litter, lighting, security, outside cooking (odors, smoke), hours of operation, nuisance, etc. (9) No obstruction shall be permitted on Ocean Street before 9 p.m. (Ord. 96-253-101, § 1; Ord. 96-542-392, § 2; Ord. 2007-107-E, § 2; Ord. 2011-443-E, § 2; Ord. 2011-727-E, § 1; Ord. 2012-364-E, § 10)