The sidewalk cafe regulations as established in this article
are designed to allow sidewalk cafes on public property in locations
where they are determined to be appropriate by the Village Administrator
and to promote and protect the public health, safety and general welfare.
The general goals are to:
A. Promote sidewalk cafes as useful and properly planned visual amenities
that relate harmoniously to the streetscape.
B. Provide adequate space for pedestrians on the sidewalk adjacent to
sidewalk cafes and to ensure access to adjacent commercial and retail
uses.
C. Promote the most desirable use of property in the Village.
As used in this article, the following terms shall have the
meanings indicated:
CURBLINE
The point at which a curb stone meets a roadway.
SIDEWALK
Any area between the curbline and a permanent building or
structure, whether publicly or privately owned, which is used by the
public or open to use by the public.
SIDEWALK CAFE
An outdoor dining area accessory to a food establishment
and located on a public sidewalk and containing readily removable
tables, chairs, railings and/or planters. It is otherwise unenclosed
by fixed walls and open to the air.
No one shall operate a sidewalk cafe without a permit issued
under this article. The Village Administrator is authorized to issue
a revocable permit for the seasonal operation of a sidewalk cafe,
provided that all of the requirements of this article have been complied
with. The permit shall be valid from April 1 through December 31 of
the calendar year. The permit may be renewed annually, subject to
the conditions of this article.
No additional parking which might otherwise be required by the
Zoning Code is required for a sidewalk cafe.
Neither the adoption of this article nor the granting of any
permit pursuant to this article shall be construed as a waiver of
any right, privilege or immunity that the Village of Irvington may
have with respect to streets and sidewalks, whether express or implied.