[Ord. No. 980, 6-21-1989; Ord. No. 1391, 6-2-2004; 5-4-2022 by Ord. No. 1817]
The following definitions apply to the terms used in Sections
32-28 through
32-31:
CAFE
An outdoor cafe or a sidewalk cafe.
DDA
The City of Holland's Downtown Development District.
OUTDOOR CAFE
Any accumulation of tables, chairs, and other appurtenances
related to and used for the sale of food and drink on private property,
not fully enclosed by a structure, in conjunction with a restaurant
on the same property.
SIDEWALK CAFE
Any accumulation of tables, chairs, and other appurtenances,
related to or used for the sale of food and drink on public sidewalks
or public parking spaces, not fully enclosed by a structure, in conjunction
with a restaurant on an adjacent property.
[Ord. No. 980, 6-21-1989; Ord.
No. 1391, 6-2-2004; 5-4-2022 by Ord. No. 1817]
Prior to operating any sidewalk cafe or outdoor cafe, a person,
firm, or entity shall file an application for a permit with the Department
of Community and Neighborhood Services. For restaurants in the Downtown
Zoning Districts, the application must be filed with the DDA. The
application shall contain all of the following:
(a) The full name, telephone number, and business address of all persons
or entities who will be involved in the ownership and operation of
the outdoor cafe or sidewalk cafe.
(b) The address of the property on which the outdoor cafe will be located
or the property to which the sidewalk cafe is adjacent.
(c) A statement of the operator's proposed time period and hours
of operation, as well as the proposed types of activity.
(d) For a sidewalk cafe, a signed addendum and proof of insurance.
(e) For a permit allowing use of parking spaces as part of a sidewalk
cafe, a signed parking space addendum and proof of insurance.
(f) A diagram showing the sidewalk area and public parking spaces to
be used by a sidewalk cafe.
(g) Such additional information to determine compliance with the requirements of Section
32-29.
[Ord. No. 980, 6-21-1989; Ord.
No. 1004, 4-18-1990; Ord. No. 1391, 6-2-2004; Ord. No. 1444, 2-15-2006; Ord. No. 1469, 3-7-2007; Ord. No. 1554, 11-17-2010; Ord. No. 1787, 12-2-2020; 5-4-2022 by Ord. No. 1817]
(a) The Department of Community and Neighborhood Services, or the DDA for those restaurants located the Downtown Zoning Districts, shall only issue a permit authorizing the cafe if the applicant filed a complete application and will meet the requirements of Subsection
(b). The permit may include restrictions necessary to protect the public safety, health and welfare
(b) A person shall not operate a sidewalk cafe or an outdoor cafe without
a current permit and shall comply with all of the following requirements:
(1)
The tables, chairs, and other appurtenances of the outdoor cafe
are placed on the same parcel where a licensed food service establishment
is located, or in the case of a sidewalk cafe, on the sidewalk adjacent
to a building containing a licensed food service establishment owned
or leased by the person operating the sidewalk cafe. If the DDA deems
a sidewalk cafe's space insufficient and the applicant provides
written permission from the adjacent business owner, the DDA may permit
a sidewalk cafe in the Downtown Zoning Districts to expand on the
public sidewalk in front of the adjacent building;
(2)
The tables, chairs, and other appurtenances of a sidewalk cafe
are placed in a way that they do not hinder safe pedestrian use of
the sidewalks and do not block ingress or egress to and from any building.
There shall be provided, at all times, an unobstructed, a straight
sidewalk aisle of not less than six feet in width. For cafes within
the Downtown Zoning Districts, the unobstructed sidewalk aisle shall
be a minimum of eight feet; however, the DDA shall have the authority
to reduce this dimension to no less than six feet when the DDA determines
that a lesser clear dimension is adequate and appropriate given the
volume of pedestrian traffic; the placement, nature and extent of
intrusion of streetscape elements and furnishings; the location of
building entrances or gathering places; the location and volume of
activity of waiting areas for business patrons; or other similar factors.
Sidewalk cafes within the Downtown Zoning Districts approved prior
to November 17, 2010, shall be allowed to continue, subject to City
permitting, with the previously approved unobstructed, straight sidewalk
aisle;
(3)
Restaurants with existing sidewalk cafe permits in the F-CDT
District may, upon approval by the DDA, obtain a separate permit to
use no more than three parking spaces located directly in front of
their food service establishment for the purpose of additional outdoor
seating. The parking spaces used by the sidewalk cafe shall be separated
from vehicular traffic by a barrier of no more than 36 inches and
no less that 30 inches in height;
(4)
The tables, chairs, and other appurtenances of the sidewalk
cafe and parking spaces are not permanently anchored to the sidewalk
or street in any way;
(5)
The operation of a nonfenced cafe and associated appurtenances
shall not be permitted on the day of a Tulip Time Festival parade
until one hour after such parade;
(6)
The cafe owner keeps the area in and about the cafe and parking
spaces free of debris and litter;
(7)
The operation of the cafe occurs only during the normal business
hours of the licensed food service establishment within the building
owned or leased by the person operating the cafe;
(8)
The appearance of the tables, chairs, and other appurtenances
of the cafe shall be compatible with the architectural character of
the building which it is in front of and with the surrounding area
in general, as determined by the Design Review Board of the Downtown
Development Authority;
(9)
Only the service and consumption of food and beverage products
shall be allowed in the cafes; and
(10)
The applicant complies with all permit restrictions and applicable
requirements of City ordinances and state law relating to the outdoor
business operation and, if the sidewalk cafe is located in a public
right-of-way, the owner indemnifies the City from all claims for damages,
injuries and death by persons using or in the sidewalk cafe and maintains
insurance in amounts established by resolution by the City Council.
(c) A permit for a sidewalk cafe shall expire after 360 days.
(d) A permit for an outdoor cafe shall expire after the operation of
the cafe has been abandoned for a period of time exceeding 360 consecutive
days.
(e) A permit for parking space use will be valid only from May 15 through
October 1 and must be renewed annually. Permits for parking space
use will be terminated if the food service establishment fails to
comply with the listed conditions of the application, this section
or abandons the parking space use for a period of two consecutive
weeks.
[Ord. No. 980, 6-21-1989; Ord.
No. 1391, 6-2-2004; Ord. No. 1530, 3-4-20095-4-2022 by Ord. No. 1817]
The issuance of a sidewalk cafe permit or outdoor cafe permit
by the Department of Community and Neighborhood Services or DDA shall
require that the operator and/or permit holder shall continue compliance
with the provisions of this chapter, and any special provisions as
shall be required by the Department of Community and Neighborhood
Services to ensure compliance with this chapter.
[Ord. No. 980, 6-21-1989; Ord.
No. 1069, 10-7-1992; Ord. No. 1391, 6-2-2004; 5-4-2022 by Ord. No. 1817]
Any person requesting issuance of a sidewalk cafe permit, outdoor
cafe or a permit for parking space use shall pay the permit fee as
established by resolution adopted by City Council.