[Adopted 7-10-2006 by L.L. No. 3-2006]
The Village of Akron owns or controls areas
of the Village which may be appropriate for outdoor business use.
One such business use is that of outdoor cafes. This article is designed
to permit those cafes in areas where they are appropriate and to protect
the public health, safety, and general welfare. The article will insure
adequate space for pedestrians on the sidewalk adjacent to the outdoor
business use and preserve and enhance the character of the neighborhoods
and business districts,
A sidewalk cafe consists of those exterior facilities
adjacent to and part of the establishment selling food and/or drink
that require the use of some Village-owned property or Village-controlled
right-of-way for operation. These facilities are temporary in nature
and open to the elements except for optional awnings and/or temporary
low walls or fences.
The sidewalk cafe shall not be allowed to operate
in any outdoor area unless a permit has been obtained from the Village
Board. Any requests for the use of such area for outdoor business
purpose shall be made in writing to the Building Inspector in the
form as required in the rules and regulations for such uses.
The Village Board shall issue a permit upon
the finding that:
A.
The proposed sidewalk cafe will not and unreasonably
interfere with pedestrian traffic or use of the Village-owned property
or the Village-owned, dedicated, or controlled right-of-way.
B.
Liability of the permit holder. The person or persons
to whom a permit is issued shall be liable and shall indemnify the
Village for any loss, damage, or injuries sustained by any person
whatever by reason of the negligence of the person or persons to whom
the permit shall have been issued. The applicant for the permit shall
present the Village with an indemnification agreement and certificate
of insurance naming the Village of Akron as additional insured prior
to the issuance of the permit in the amounts specified by the regulations
adopted by the Village Board.
The Village Building Inspector shall be responsible
for the monitoring and enforcing of the compliance under the terms
of this article and the regulations associated with such article.
Such permit may be modified, suspended, or revoked upon a notice delivered
personally to the permit holder or the manager of such facility and
a hearing before the Village Board.
