[Adopted 5-24-2005; amended in its entirety 2-22-2022]
As used in this article, the following terms shall have the
meanings indicated:
Any person that prepares, offers, serves, or sells food and
beverage directly to the consumer at a fixed location. It does not
include mobile restaurants, food trucks, vending machines, a private
residential dwelling in which food or beverages are prepared, or a
food manufacturing establishment. This definition shall include any
person that holds a restaurant liquor license or a café liquor
license from the State of Connecticut.
Any outdoor cafe, eating area or food service establishment.
Any natural person, individual, company, corporation, limited
liability company, partnership, association, syndicate, trust, joint
venture, business, or other legal entity of any kind.
A.
A food service establishment may be permitted to offer outdoor dining
on private property, public property and/or the City's right-of-way
in the City of Norwalk in accordance with the provisions of this article
and the outdoor dining guidelines and standards, as amended from time
to time. A copy of such outdoor dining guidelines and standards shall
be made available on the City of Norwalk website or in the Office
of Economic and Community Development.
B.
Outdoor dining may be permitted with approval of the City. Outdoor
dining may be permitted on real property in the following locations:
(1)
Directly adjacent to the food service establishment, provided that
if the food service establishment does not own such real property
it must obtain written permission from the owner of such property;
and
(2)
City-owned property, including but not limited to public parking
spaces and the City's right-of-way, provided that the food service
establishment has the written permission of the City.
C.
Permit; outdoor dining guidelines and standards.
(1)
Any food service establishment proposing to operate outdoor dining
on private or public property in the City of Norwalk shall first obtain
a permit from the Director of Planning and Zoning or his, her, or
their designee pursuant to the Norwalk Zoning Regulations. Permits
are renewed on an annual basis.
(2)
Outdoor dining permits shall be issued for an annual operation period
from April 1 through November 30.
(3)
For purpose of this article, outdoor dining shall be permitted to
operate during regular business hours of the food service establishment,
but must end no later than 11:00 p.m.
(4)
The Director of Planning and Zoning or his, her, their designee,
may deny a permit, decline to renew a permit or revoke a permit to
operate outdoor dining if the proposed food service establishment:
(a)
Violates any of the requirements governing outdoor dining set
forth in this article, the outdoor dining guidelines and standards,
or the terms of any permit issued pursuant thereto;
(b)
Fails to correct any such violations when duly noticed;
(c)
Is delinquent in taxes owed to the City; and/or
(d)
In the case of applications for a permit or renewal thereof under this article, has had two or more violations of any provision of the Norwalk City Code, including without limitation, Chapter 68 (Noise), within the two years immediately preceding the filing of such application for a permit or renewal.
A.
A food service establishment operating outdoor dining shall meet
all applicable local and state laws and regulations, including, but
not limited to, applicable health, building, and zoning laws and regulations.
B.
A food service establishment shall be responsible for keeping the
outdoor dining premises, including City property, clean at all times.
C.
The cost, design, construction, and maintenance of outdoor dining
facilities shall be the sole responsibility of the food service establishment.
D.
Any damage done to the public right-of-way, sidewalk, curbing, or
any other City property by the food service establishment or its patrons
shall be repaired promptly by the food service establishment at its
expense. Such repairs shall meet the applicable standards established
by the Department of Public Works. No hooks, fasteners, or holes shall
be made or affixed to the public right-of-way, sidewalk, curbing,
or any other City property by the food service establishment.
E.
Outdoor dining shall extend no further than the actual street frontage
of the food service establishment or the real property directly adjacent
to the food service establishment.
F.
The food service establishment shall comply with the Americans with
Disabilities Act of 1990, as amended from time to time (hereinafter
"ADA").
G.
Outdoor dining shall not be located in front of, or otherwise obstruct
in any manner, police, Fire Department, or other first responder access
to any building or property, or to any fire protection feature, including,
but not limited to, any and all fire hydrants.
H.
Outdoor dining shall not be located in front of, or obstruct, ADA
access or an active driveway, manhole, or active utility access point,
nor shall it impede surface drainage, as determined by the Department
of Public Works.
I.
Access for all roadway users and pedestrians shall be maintained
during the set-up and removal of outdoor dining appurtenances.
J.
No permanent fixtures shall be installed on City property or on the
City's right-of-way.
Any person violating any provision of this article shall be
subject to the following penalties:
A.
First offense: Upon the initial violation, a written warning that
a violation has occurred shall be issued. No fine shall be imposed
for the initial violation.
B.
Second offense and subsequent offenses: Any subsequent violation
of the requirements of this article shall be subject to a fine of
$250 for each violation. Each day that a violation exists shall constitute
a separate violation of this article. No more than one fine shall
be imposed in any one twenty-four-hour period.
C.
The Director of Planning and Zoning or his, her, or their designee,
reserves the right to revoke a permit for failing to adhere to this
chapter and/or the outdoor dining guidelines and standards.
D.
Any aggrieved person may file an appeal to the Superior Court for
the Judicial District of Stamford/Norwalk.
The Director of Planning and Zoning or his, her, or their designee,
reserves the right to order the temporary suspension of the operation
of 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, severe
weather events, repairs to the street or sidewalk, or any other emergencies
occurring in the area. In such event and if deemed necessary for the
health, safety, or welfare of the City and its residents, the food
service establishment shall, at its cost, remove and store all outdoor
dining appurtenances for the duration of such suspension. To the extent
possible, the food Service establishment shall be given prior notice
of the time period during which the operation of outdoor dining will
not be permitted by the City, but failure to give such notice shall
not affect the right of the City to prohibit outdoor dining operation
at any particular time.
