A. Purpose. The purpose of this section is to permit outdoor dining and seating that enhance the pedestrian ambience of the city and ensure that they do not adversely impact adjacent properties and surrounding neighborhoods consistent with the goals, objectives, and policies of the general plan.

B. Applicability. The provisions of this section shall apply to all new sidewalk cafes and to all existing sidewalk cafes at such a time as the outdoor dining and seating is expanded or enlarged.

C. Accessory Use. Outdoor dining and seating shall be conducted as an accessory use to a legally established eating and drinking establishment that is located on the same parcel, a contiguous adjacent parcel, or on public right-of-way immediately adjacent to the tenant space.

D. License Agreement. A license agreement for outdoor dining and seating on the public right-of-way shall be approved in a form required by the city.

E. Barriers. If barriers are provided, they shall be in the manner required by the city.

F. Enclosure. Awnings or umbrellas may be used in conjunction with a sidewalk cafe, but there shall be no permanent roof or shelter over the outdoor dining and seating area. Awnings shall be adequately secured and retractable, and shall comply with the building code adopted by the city and any applicable design guidelines.

G. Fixtures. The furnishings of the interior of the outdoor dining and seating shall consist only of movable tables, chairs and umbrellas. Lighting fixtures may be permanently affixed onto the exterior front of the principal building.

H. Refuse Storage Area. No structure or enclosure to accommodate the storage of trash or garbage shall be erected or placed on, adjacent to, or separate from the sidewalk cafe on the public sidewalk or right-of-way. Outdoor dining and seating shall remain clear of litter at all times.

I. Hours of Operation. The hours of operation of the outdoor dining and seating shall be limited to the hours of operation of the associated restaurant or other eating and drinking establishment.

J. Parking. Where outdoor dining and seating occupy less than 200 square feet of area, additional parking spaces for the associated eating and drinking establishment shall not be required. Parking shall be provided according to the required ratio in Chapter 18.105 MCC, On-Site Parking and Loading, for any area exceeding 200 square feet dedicated to outdoor dining. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 410.19; Ord. 14-12 § 1.]