[Adopted 5-24-2005]
As used in this article, the following terms shall have the
meanings indicated:
- OUTDOOR DINING
- Any outdoor cafe, sidewalk cafe, eating area or any food service accessory to a restaurant.
A.
Outdoor dining may be allowed only in specified zones of designated
property for outdoor dining adopted by the Zoning Commission.
An application for a permit and license agreement to use public
land for outdoor dining shall be filed with the Director of Zoning
or his/her designee who shall determine whether the application complies
with the following criteria:
A.
Outdoor dining may be located on public sidewalks in front of, adjacent
to or abutting the indoor restaurant which operates the outdoor dining.
Outdoor dining shall extend no further than the actual street frontage
of the operating restaurant.
[Amended 3-24-2009]
B.
Outdoor dining operation shall provide not less than five contiguous
feet of sidewalk clear of obstructions to allow unimpeded pedestrian
traffic. At street corner intersections there shall be a minimum of
eight feet of unobstructed sidewalk. Obstructions shall include, but
not be limited to, light poles, traffic signal poles, fire hydrants,
utility structures and street signs. Further, the location of outdoor
dining cannot obstruct the clear sight distance for vehicles or access
or crossings for the disabled.
C.
Outdoor dining operation shall meet all Building Code requirements
and Zoning Code Regulations.
A.
Outdoor dining on public land shall have an approved enclosure. All
planters, railings and fences associated with outdoor dining must
be approved by the Director of Public Works. Railings, fences or other
enclosures shall not be more than 42 inches in height and must be
anchored in a manner to prevent movement. Railings and fences must
be removed from the sidewalk and stored indoors when outdoor dining
is not in seasonal operation unless the Director approves otherwise.
No modifications shall be made to City property without approval of
the Director of Public Works.
B.
Furnishings for outdoor dining shall consist solely of moveable tables,
chairs and decorative accessories. Furnishings must be kept in a state
of good repair and in a clean and safe condition at all times.
C.
Awnings shall be adequately secured and retractable. Umbrellas over
tables must be adequately weighted.
D.
Tables, chairs, and all other furnishings or accessories may be left
in place overnight during seasonal operation but shall be removed
from the sidewalk and stored indoors whenever outdoor dining is not
in seasonal operation. It shall be the responsibility of the licensee
to secure furnishings and accessories that are left in place overnight.
E.
Outdoor heaters, busing stations, trash receptacles, food preparation
stations, and music shall not be permitted in the outdoor dining facility.
F.
Outdoor dining shall be at the same elevation as the public sidewalk
and any exceptions must be approved by the Director of Public Works.
Paint, carpeting, artificial turf, platforms or other surfaces of
any kind shall not be permitted at any time in the outdoor dining
facility.
G.
No sign shall be allowed at any outdoor dining facility except for
the name of the establishment on an awning or umbrella fringe. One
menu board sign may be displayed within the area of the outdoor dining,
mounted on an easel or other easily removable fixture. The sign shall
not exceed six square feet.
A.
Anyone wishing to operate outdoor dining on public property must
execute a license agreement by and between the applicant and the City
of Norwalk.
B.
The Director of Zoning or his/her designee will coordinate a license
agreement application with Public Works Department, Health Department,
Police Department, Redevelopment Agency, Fire Marshal and Code Enforcement
Department. In addition to meeting the requirements of this article,
the applicant shall be responsible for providing additional information
requested by any City Department for its review.
C.
Any requirements of other agencies which regulate restaurants or
the public right-of-way must be adhered to, and the City of Norwalk
shall incorporate any such requirements into the license agreement
and shall not recommend a license agreement if the applicant has not
received approvals for the operation from other agencies having any
jurisdiction on its operation.
D.
Any license agreement shall not in any way excuse an applicant from
complying with any applicable requirement imposed by the Liquor Control
Act of the State of Connecticut. Consumption of alcohol on such property
is permitted only in accordance with any liquor permit, provided that
such public consumption shall not violate any other state statute,
state regulation or municipal ordinance.
E.
The outdoor dining licensee must provide liability insurance in an
amount determined by the Director of Finance, and must name the City
as an additional issued in that policy.
F.
All permit and license agreement fees shall be nonrefundable. The
permit fee shall be $100 and the license agreement fee for the leasing
of City property shall be $2 per square foot of leased space.
G.
Outdoor dining license agreements shall be issued for an annual operation
period from April 1 to November 1. Thereafter, the Director of Zoning
or his/her designee may approve a renewal application and license
agreement on an annual seasonal basis, provides a request is made
for the renewal and after an inspection of the premises has been completed.
H.
A performance bond shall be required as a condition of issuance of
a license agreement in the amount of the license agreement fee.
I.
The City may deny a license agreement or a renewal license agreement
to operate outdoor dining if the proposed licensee has a history of
violations of any of the requirements governing outdoor dining, fails
to correct any violations when duly noticed, violates the terms of
the license agreement or has any tax delinquencies.
J.
A license agreement shall not be executed until all approvals are
received.
K.
Any violations of the requirements governing outdoor dining, the
terms of the license agreement or failure to correct any violations
when duly noticed by the City shall be deemed separate offenses and
subject to a fine of $99.
A.
Outdoor dining may operate during regular business hours of the restaurant
operating the outdoor dining but no later than 11:00 p.m. The license
agreement shall be for all annual seasonal outdoor dining from April
1 through November 1.
B.
The licensee of outdoor dining is responsible for keeping the premises
clean at all times, including the public sidewalk and other furnishings
of the outdoor dining. At no time should trash or debris of any kind
be blown, swept or otherwise deposited into the street. The presetting
of tables with utensils, glasses, napkins, condiments and the like
is prohibited.
C.
The City reserves the right and power to temporarily order the discontinuation
of the operation of public outdoor dining at any time because of anticipated
or actual problems or conflicts in the use of the sidewalk area. These
situations include, but are not limited to festivals, parades, marches,
road races, repairs to the street or sidewalk, or any other emergencies
occurring in the area. To the extent possible, the licensee shall
be given prior written notice of the time period during which the
operation of outdoor dining will not be permitted by the City, but
failure to give notice shall not affect the right and power of the
City to prohibit outdoor dining operation at any particular time.
D.
The City reserves the right and power to terminate the license agreement
for any reason, including, but not limited to, a violation of any
provision of this article and/or the terms of the license agreement.
E.
Any aggrieved person may file an appeal to the Superior Court for
the Judicial District of Stamford/Norwalk.
