§ 78-341. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Menu board means a board allowing for the posting of a restaurant's complete menu and fabricated in such a manner so as not to constitute a form of general advertising or restaurant identification.

Permittee means the recipient of a sidewalk cafe permit under the terms and provisions of this article.

Restaurant means any lawfully licensed food service establishment that is maintained and operated as a place where food and beverages are prepared, served and sold for consumption.

Right-of-way means land in which the state department of transportation, county, or the city owns or has an easement devoted to or is required for use as a transportation facility, street or alleyway.

Sidewalk means that portion of the right-of-way which is located between the curb line or the lateral line of a street and the adjacent property line and which is intended for use by pedestrian.

Sidewalk cafe means a use located on a public sidewalk which is associated with a restaurant where food and beverages are prepared, served and sold and are delivered for consumption on the sidewalk. It is characterized by tables and chairs and may be shaded by awnings, canopies or umbrellas if permits for such awnings, canopies or umbrellas have been obtained. Special events permitted by the city shall not be deemed sidewalk cafes.

Sidewalk cafe site map means a city-approved map detailing the location of the pedestrian pathway as it relates to a sidewalk cafe. The sidewalk cafe site map shall be available for viewing in the planning and zoning division.

Sign means the definition given in chapter 94 of the this Code.

Specials board means a board allowing for the posting of a restaurant's daily specials and fabricated in such a manner as to not constitute a form of advertising or establishment identification.

Street means that portion of a right-of-way improved, designed or ordinarily used for bicycles and/or vehicular traffic or parking.

Usable sidewalk area means the frontage of the property with the sidewalk cafe times the width of the sidewalk, less the clearance described in subsection 78-345(d), minus the area constituting sidewalk obstacles such as sidewalk benches, bus stops, above-ground utility fixtures, etc.

(Code 1979, § 26-335)

Cross reference

Definitions generally, § 1-2.