7.06.060 Sidewalk permit standards

7.06.060 Sidewalk permit standards.

1. The operating area for a sidewalk permit may only be located within the width of the applicant’s storefront adjacent to the sidewalk.

2. Seating and other elements within the operating area must not prevent access to entries and exits of businesses. In addition, seating and other elements must be arranged to allow for appropriate pedestrian circulation.

B. ADA Access. All operating areas must meet ADA accessibility requirements. Sidewalk operating areas must not obstruct the clear pedestrian zone.

C. Structures. Except for outdoor-grade fabric umbrellas, all overhead structures are prohibited. Umbrella stands must not require modification, destruction, or disturbance of the sidewalk. Pouring foundations, adding in-ground concrete footings, and similar construction methods are prohibited. The entire umbrella stand must rest aboveground.

1. All lighting and electrical systems must comply with applicable electrical and energy codes.

2. Lighting allowed with a sidewalk permit is limited to battery-operated tabletop lighting, such as battery-operated candles or solar-powered built-in umbrella lights. String or decorative lighting may be affixed to solid exterior walls, but it may not extend into the sidewalk or operating area.

3. Electrical cords for any heater must: be grounded, run along the wall of the building, and comply with ADA requirements.

E. Heating. Heaters in the operating area must meet the following requirements:

1. Except for catalytic heaters, the use of heaters, including outdoor wood-burning heaters, must be approved by TVF&R.

2. Use of catalytic heaters is only allowed when all of the following requirements are met:

a. The catalytic heater is used according to manufacturer’s combustion clearance and all other safety instructions.

b. The catalytic heater is designed for outdoor use.

c. The catalytic heater is placed in a dry location.

d. If it is a gas catalytic heater being used under an overhead structure, it must be CSA 4.89 certified.

e. The permittee has a fire extinguisher in the operating area at all times if the heater is being used under an overhead structure.

F. Signage. Only signage permitted pursuant to the Development Code is allowed in the operating area. Menu cards, or other similar materials, placed on tables for the benefit of patrons are allowed in the operating area.

G. Maintenance. The permittee and responsible party shall maintain the operating area, and all areas immediately adjacent to the operating area, in a good, clean and safe condition. The responsible party will remove food, debris, litter, grime, or graffiti from the operating area daily. On a weekly basis, the responsible party will rinse the operating area and remove any debris that impedes drainage flow along the curb and gutter of the operating area. Food and litter shall be kept out of the public storm drain. At the end of the term, which includes the initial calendar year after permit issuance and any renewal terms pursuant to this chapter, the permittee shall remove all personal property from the operating area.

H. Access. Permittees within the right-of-way are required to provide access, as needed, to utilities in the right-of-way. Unless there is an emergency, the city or a utility operator, as defined in BC 4.15.050(N) will provide 48 hours’ notice to permittee if property or structures in the operating area must be moved to allow access to utilities. If property or structures are not moved within the stated timeframe, the city or the utility operator reserves the right to move the property or structures, and the city can charge the permittee a moving fee in the amount established by resolution. The city or a utility operator will not be responsible for damages due to utility locates or removal of property or structures from the operating area. In case of an emergency, the city and utility operators may move property or structures without notice. [BC 7.06.060, added by Ordinance No. 4812, 10/5/21]