The purpose of this article is to establish performance standards for outdoor sidewalk cafés within the business districts.

(Ord. No. 436, § 2, 3-17-2009)

(a)

District application. Outdoor sidewalk cafés are allowed within the DC, CC, and MU Commercial districts as an accessory use subject to the application of an administrative permit.

(b)

Conditions of approval. In addition to the general standards and criteria provided in article 8 of this Appendix E, an outdoor sidewalk café may be allowed provided that:

(1)

Café area shall be limited to the area directly adjacent to the property owned and/or operated by the primary restaurant or café.

(2)

Café area shall be segregated from through pedestrian circulation by means of temporary fencing, bollards, ropes, plantings, etc. Segregation device(s) must not cause destruction to the sidewalk or other elements within the public right-of-way.

(3)

Minimum clear passage zone for pedestrians at the perimeter of the café shall be at least five feet without interference from parked motor vehicles, bollards, trees, tree gates, curbs, stairways, trash receptacles, street lights, parking meters, etc.

(4)

Overstory canopy of tree/umbrellas extending into the pedestrian clear passage zone or pedestrian aisle shall have a minimum clearance of seven feet above sidewalk.

(5)

Furniture shall not be stored, stacked and/or covered in the area of the outdoor sidewalk café.

(6)

Any lighting used to illuminate the café area shall be so arranged so as reflect the light away from the adjoining property and public streets or alleys, and shall be in compliance with this Appendix E.

(7)

No electronically amplified outdoor music, intercom, audio speakers, or other such noise generating devices shall be allowed in the café area.

(8)

The outdoor sidewalk café shall comply with the design standards specified in article 35 of this Appendix E.

(9)

The outdoor sidewalk café shall comply with all Minnesota State Liquor Control laws.

(10)

Furniture shall be maintained in a safe and sanitary condition.

(11)

Plant material shall be in containers to allow for movement.

(c)

Requirements for sidewalk cafés on public right-of-way or public property.

(1)

The property owner, restaurant operator, and the city shall enter into a hold harmless agreement, as provided by the city, exempting the city from all liability claims associated with the café use.

(2)

Maintenance of public right-of-way, including landscaping, for which the cafe is located upon shall be the property owner's responsibility.

(3)

Furniture and the enclosed perimeter shall be movable.

(4)

Security of the café area shall be the responsibility of the property owner.

(5)

Property owner shall pick up litter within 100 feet of the café on a daily basis.

(6)

A license for outdoor sidewalk cafes shall be applied for and approved by the zoning administrator on a yearly basis.

(7)

The outdoor sidewalk café license term shall be April 1 to March 31 of each year.

(Ord. No. 436, § 2, 3-17-2009; Ord. No. 532, § 1, 8-3-2015; Ord. No. 657, § 1, 9-18-2023)