§ 23-353. Outdoor seating area.  

Effective on Wednesday, September 7, 2022
  • The addition of an outdoor seating area (see definition) to an establishment is considered an expansion of the use and must comply with the applicable district regulations and a site plan for the expansion must be approved pursuant to section 23-222. The following regulations shall apply:

    a. The number of outdoor seats and tables shall be limited to that number which can be reasonably accommodated in the proposed outdoor seating area. Clear pedestrian access a minimum of thirty-six (36) inches in width shall be maintained at all times, and no seating or tables shall interfere with ingress/egress of buildings or create an unsafe situation for pedestrians.

    b. Outdoor seating on public sidewalks—Additional requirements:

    1. Approval for outdoor seating on public sidewalks may be granted by the Administrative Official in the Downtown Historic Overlay only. Approval by the city commission upon recommendation of the planning board is required for outdoor seating on public sidewalks in all other areas. (See also regulations on service of alcoholic beverages in outdoor seating areas on public sidewalks in section 23-342 and in chapter 5.)

    2. Adjacent sidewalk areas, even if not located directly in front of the associated storefront, may be considered on an individual basis, when the affected storefront owner does not object.

    3. The sidewalk cafe owner/operator shall remove from the sidewalk and place out of public view any seating or tables when the business is closed, or when an authorized agent of the city makes such a request.

    4. Outdoor seating shall be properly maintained for safety and cleanliness by the owner/operator on a daily basis. Litter, dirt, grease, grime and food shall not be permitted to accumulate at any time.

    5. An indemnity agreement, available from the administrative official, shall be signed and provided by the outdoor seating owner/operator, along with proof of public liability insurance as approved by the city attorney.

(Ord. No. 2011-04, § 2, 3-1-11; Ord. No. 2022-37, § 1, 9-7-22)