[HISTORY: Adopted by the Common Council of the City of Mayville 8-11-2014 by Ord. No. 1070-2014. Amendments noted where applicable.]
The Main Street Outdoor Dining Zone is intended to facilitate outdoor dining in Mayville in order to create an active streetscape and enhance the economic and social vitality of Main Street. In addition, it will promote pedestrian, retail-friendly activity and to allow for the use of the public right-of-way for such outdoor dining. This will expedite the approval of such facilities while ensuring that the public's use of the sidewalks will not be significantly impaired by such dining and that adjacent commercial and residential uses will be protected from any adverse impacts from such dining.
An applicant for an outdoor dining permit shall file an application with the City on such forms and subject to such procedures as may be established for the purpose.
The application shall include a plan with dimensions showing the layout for the outdoor dining area which accurately depicts the existing sidewalk conditions, including sidewalk width from building face to curb; location and dimensions of tree wells; locations of lamp posts, traffic and parking signs, signal poles, trash receptacles, benches, and other sidewalk features or obstructions, as well as design, location, size and space of the dining area, chairs, tables, umbrellas and other facilities to be located within the outdoor dining area.
The City shall review the application to determine if the proposed dining establishment, and any encroachment into the public right-of-way, will be reasonable, attractive, and promote pedestrian and retail friendly vitality in the Main Street corridor, and that there is adequate space remaining within the public right-of-way to facilitate safe circulation of pedestrian traffic.
The City may approve, approve with conditions, or deny the application. The approved plan and permit shall be posted at the restaurant premises and visible to customers and the public.
No change to the approved plan shall be made without prior written approval by the City.
The outdoor dining permit shall be valid only between April 1 and November 1 and shall be renewed on an annual basis. A permit fee of $100 shall be assessed annually.
The outside dining area is to be attractive and promote pedestrian and retail friendly vitality in the Main Street corridor.
The outside dining area shall be located adjacent to the property of an existing and lawfully operating restaurant and shall be under the responsible direction and control of the restaurant. It may be located adjacent to the building or near the curb but shall be contained within the location delineated by the permit.
The total number of seats (both indoors and outdoors) shall not exceed the restaurant's previously approved maximum number of seats by more than 20 seats and the number of seats permitted is dependent on the amount of space available and on building and fire code requirements. Any increase in number of seats for outdoor dining in the public sidewalk approved under this section shall not be deemed an intensification of use.
The outdoor dining area may be open from 7:00 a.m. to 10:00 p.m. Sunday through Thursday and 7:00 a.m. to 11:00 p.m. Friday and Saturday.
In order to allow adequate pedestrian traffic areas and emergency access around outdoor dining areas the following dimensional requirements must be observed:
At least five feet of unobstructed corridor space must be maintained past the outside dining area for sidewalk pedestrian traffic in order to ensure a clear pedestrian passageway along the sidewalk. In order to achieve a continuous pedestrian walkway, the pedestrian passageway shall be a straight line, parallel to the building face and curbline, for the entire length of the dining area.
An unobstructed clearance of five feet must be maintained between a fire hydrant and any furniture or fixtures related to outdoor dining.
The outside dining area must be kept sanitary, neat and clean at all times. It shall be free from accumulation of food, litter, snow, ice, and other potentially dangerous or unsanitary matter. The restaurant must participate in an approved rodent control program.
No food preparation is permitted in the outside dining area.
Tents or awnings are not permitted without obtaining a separate building permit. Table umbrellas are permitted if the umbrellas are completely contained within the outdoor dining area, even when fully extended, and if the lowest dimension of the umbrella maintains a minimum vertical clearance of six feet eight inches above the sidewalk to allow for patron and server circulation.
No signs are permitted in the outside dining area except those signs that have a valid City permit.
Loudspeakers outside are prohibited. In addition, amplified sounds from inside the restaurant must not be audible in any outside dining area on the public right-of-way.
The restaurant must comply with all applicable city, state, federal laws and regulations.
In order to serve alcoholic beverages, an application must be approved by the City of Mayville, and it will require the following:
The design of the outdoor dining facilities which are visible from the public street or way shall comply with the following:
All improvements (furniture and fixtures) used in an outdoor dining area on the public right-of-way must be readily removable without damage to the surface of the right-of-way.
Furniture and enclosures may not be stored on the public right-of-way for extended periods and must be secured when the restaurant is closed to the public.
An outdoor dining area located within the public right-of-way shall also comply with the following specific requirements for encroachments:
Any such encroachment shall be subject to and conditioned upon the restaurant maintaining liability insurance with commercially reasonable limits and coverage including for its operation within the encroachment area. Permission to establish and maintain the encroachment shall not be construed to relieve the restaurant of liability for any negligence on the restaurant's part on account of or in connection with the encroachment.
By accepting the authorization granted by a permit authorized by this ordinance to establish and maintain the encroachment and by so establishing and/or maintaining the encroachment, the restaurant shall be deemed to have promised and agreed to save harmless the City of Mayville from any and all liability (including attorneys' fees and litigation expenses) arising by reason of the establishment, construction, placement, existence, use or maintenance of the encroachment.
The authorization granted by a permit approved under this chapter to establish and maintain the encroachment is not intended to constitute, and shall not be deemed to be, a waiver of sovereign immunity by or on behalf of the City of Mayville or of its officers or employees.
Neither the City of Mayville nor any public utility company shall be responsible for damage to property encroaching into the public right-of-way during repair, maintenance or replacement of the public right-of-way or any public facilities or utilities in the area of encroachment.
The authorization granted by a permit approved under this section to establish and maintain the encroachment shall be terminated whenever the City of Mayville desires to use the affected public right-of-way for any purpose whatsoever. Written notification from the City demands of the restaurant the removal of the encroachment. Said removal shall be completed by the date specified in the notice and shall be accomplished by the restaurant without cost to the City. If the restaurant fails to or neglects to remove the encroachment within the time specified the City, the City shall have the right to remove the encroachment at the expense of the restaurant and shall not be liable to the restaurant for any loss or damage to the structure of the encroachment or personal property within the encroachment area caused by the removal.
In the event that any permit holder fails to comply with the standards for outdoor dining as set forth in section § 278-3, then in that event, such permit may be suspended by order of the Chief of Police. The suspension shall be effective upon delivery to the permit holder of a written notice of suspension and such suspension shall remain in effect unless and until the order of suspension is lifted by action of the Common Council.
Any permit holder whose outdoor dining permit is suspended, may, within five days after receipt of the written notice of suspension, request a hearing before the Common Council for the purpose of determining whether the suspension should be lifted. The request for a hearing shall be delivered to the City Clerk. Upon receipt of a request for a hearing by any permit holder, the Common Council shall consider the request at a regular or Common Council meeting scheduled within 15 days following receipt of the request for a hearing. The permit holder shall be entitled to appear before the Common Council and present evidence and testimony in support of the request to lift the suspension. The decision of the Common Council shall be final.
In order to establish a uniform set of regulations for outdoor dining in the public right-of-way, the provisions of this chapter shall supersede and preempt conflicting provisions applicable in the public right-of-way, which are included in any encroachment ordinance or special use permit.