Chapter 12.18
STREET CAFES
Sections:
12.18.010 Street cafes.
A. Purpose. To expand outdoor seating and dining opportunities within the central business district by providing a permit process and standards to ensure the safe use of the city’s public right-of-way for this purpose.
B. Applicability. Sidewalk cafe seating may be permitted for any food and beverage service establishment such as a cafe, restaurant or tavern to utilize a portion of the public right-of-way on a sidewalk, pedestrian alleyway or through the conversion of on-street parking spaces.
C. Types of Sidewalk Cafe Permits.
1. Sidewalk Cafe Permit. To allow for the use of the city’s sidewalks, pedestrian alleyways and street right-of-way for cafe seating.
2. Converted Parking Space Cafe Seating Permit. To convert up to two on-street parking spaces per establishment for cafe seating for exclusive use by the food and beverage service establishments. Only food service businesses that do not already have outdoor seating on their property along the street frontage may apply.
D. Sidewalk Cafe Permit Application. All requests for sidewalk cafe seating shall be made on the form provided by the city to the director of public works. Applications to convert parking spaces to cafe seating require approval by the design review board based on the standards contained herein. In addition to the information required by this chapter, an applicant must provide the following information with an application for a sidewalk cafe:
1. A site plan, to scale, that shows the location and physical limits of the sidewalk cafe and clearance width. The location of all tables and other physical objects (podium, planters, heat lamps, etc.) must also be shown on the site plan along with entrances and exits to the street cafe;
2. Details for sidewalk cafe furnishings including tables, umbrellas, and any elements used to physically define the sidewalk cafe such as poles and roping;
3. Whether any liquor, as defined in RCW 66.04.010, will be sold or consumed in the area covered by the permit; and
4. Procure and maintain liability insurance pursuant to Section 12.20.055, naming the city of Langley as an additional insured in the amount of $1,000,000;
5. Other information as requested by the director of public works required demonstrating compliance with the standards contained herein.
E. Sidewalk Cafe Standards.
1. The director of public works must determine compliance with the following standards prior to issuance of a cafe seating permit:
a. The applicant is the owner or occupant of the abutting property and operates a food and beverage service establishment such as a cafe, restaurant or tavern thereon;
b. The location of the sidewalk cafe shall not reduce or obstruct pedestrian passage on the sidewalk or pedestrian alleyway to less than five feet to the obstruction. Furthermore, such placement shall be consistent with any applicable standards established by the Americans with Disabilities Act and shall not obstruct vehicular traffic or the use of any crosswalk, wheelchair ramp, bus or taxi zone. The maximum slope should be two percent per ICC/ANSI A117.1. In addition, at transitions, any vertical change in elevation greater than one-quarter inch but less than one-half inch shall be beveled at 2:1 maximum; those greater than one-half inch shall be ramped 1:8 maximum at transitions. The pedestrian path of travel should be straight and not involve sharp or jagged turns that would impair pedestrian circulation; and
c. A sidewalk cafe width should not exceed the available pedestrian clear path of travel width. The director may, in his or her sole discretion, allow the area of the sidewalk cafe to extend beyond the available pedestrian clear path of travel width when adjacent to one of the following:
(1) Park; or
(2) Street closed to vehicular traffic; or
(3) Other public place;
d. The proposed sidewalk cafe area is included within a food-service establishment permit issued by the Island County health department or has otherwise been authorized by said department;
e. The cafe seating is authorized for use from May 1st through September 30th between the hours of 9:00 a.m. and 10:00 p.m.;
f. If the sidewalk cafe causes a change in pedestrian travel, appropriate repairs to the right-of-way in the immediate vicinity may be required to accommodate the change or to assure compliance with the ADA;
g. Electrical cords or strings of lights may not be strung over or be placed on the pedestrian path of travel;
h. For sidewalk cafe seating on a public sidewalk or pedestrian alleyway the furniture must be cleared when not in use. Furniture may be stored along the sidewalk or pedestrian way as long as it is stacked and does not obstruct the passageway;
i. No lighting is permitted;
j. Unless expressly authorized by the director, no pavement shall be broken, no sidewalk surface disturbed, and no permanent fixture of any kind shall be installed in or on the sidewalk area in connection with a sidewalk cafe.
2. The director may suspend or revoke the permission granted if the applicant violates this chapter, any implementing rules, or the terms and conditions of the permit.
F. Setbacks. Setbacks are required from the following elements. These elements must be clearly identified on the required site plan in the permit application.
1. Five feet from alleys and from bus, handicapped parking, and commercial loading zones.
2. Five feet from parking meters or pay stations, traffic signs, and utility poles, fire hydrants, bike racks, and other street fixtures.
3. Three feet from the front of the curb whenever sidewalk cafe is located adjacent to curb.
4. Five feet from curb ramps, or the beginning of the corner curb radius where curb ramps do not exist.
G. Converted Street Parking to Cafe Seating Standards.
1. Each food and beverage service business may request approval to convert up to two on-street parking spaces in the public right-of-way to cafe seating in accordance with the standards herein.
2. The cafe seating shall be on a structure, approved by the building official, that is flush with the top of the curb and surrounded on three sides (adjacent to the travel lanes and other parking spaces) with a fixed railing at least 36 inches in height and in compliance with the fencing requirements below.
3. The cafe seating structure shall be subject to approval by the design review board in accordance with the following standards:
a. A freestanding sign may be approved up to one square foot to be placed on the cafe seating structure.
b. The applicant shall provide details on the type of furnishings proposed including tables, chairs, podiums and umbrellas.
c. The use of plantings to soften the appearance of the cafe structure shall be required.
4. Converted street parking is prohibited for businesses within 50 feet of a residential zoning district.
H. Fencing. Fencing is required to delineate the sidewalk cafe from the pedestrian path of travel. The following design standards apply to fencing for all types of street cafes:
1. Fencing must be between 30 and 42 inches in height. Fencing must be 42 inches in height, if required by the State Liquor Control Board.
2. Fencing must be detectable by cane to warn visually impaired persons of potential hazards in the path of travel. Fencing must include one or more of the following detectable elements:
a. A toe rail with its top edge at six inches minimum in height and its bottom edge no higher than one and one-half inches above the adjacent surface;
b. Fencing, landscaping, or other elements detectable by cane spaced no more than 27 inches vertically and no more than 24 inches horizontally; or
c. Elements sufficiently detectable by cane to warn visually impaired persons of potential hazards in the path of travel.
3. Fence posts may be attached to the sidewalk with bolts or utilize freestanding bases. When bolted fencing is removed, the bolts must be removed from the sidewalk, the holes must be filled, and the sidewalk must be restored to original or better condition.
4. Fencing must be generally transparent. Solid sheet fencing surfaces are not permitted.
5. Fencing should be constructed with a railing, rope or other horizontal element; posts with pointed tops are not permitted.
6. Fencing must be constructed of high-quality finish materials (such as steel, glass or finish woods). Plastic and/or raw or pressure-treated lumber is not allowed.
7. Fencing shall not contain electrical or other utility elements.
8. Landscaped planters may be used in lieu of fencing. Ropes or chains with freestanding bases may also be used, provided the above standards are met.
9. All seating and tables must be movable to accommodate wheelchair access.
I. Heating Elements and Overhead Weather Protection.
1. Heating elements and freestanding umbrellas are allowed within the footprint of the permitted cafe, but may not encroach on the clear path of travel required in subsection (E)(1)(b) of this section, except that when opened, an umbrella may encroach on the clear path of travel if the opened portion is more than eight feet above sidewalk grade and if no part of the umbrella is within 25 feet of a stop sign.
J. Liquor. Liquor, as defined in RCW 66.04.010, as now existing or hereinafter amended, may be used and sold at a sidewalk cafe when authorized in both the use permit and provided for in this chapter and by permit of the Washington State Liquor Control Board, and not otherwise.
K. Sidewalk Condition. The applicant shall comply with the terms and conditions of the sidewalk cafe permit issued, shall maintain the sidewalk in a clean and safe condition for pedestrian travel, and shall immediately clear the sidewalk area when ordered to do so by the director or other appropriate city officer such as the chief of police, fire chief or their authorized representatives.
L. Amplified Sound. Installation and use of speakers and other amplified sound equipment is not allowed.
M. Permit Expiration. The permit shall be tied to the food and beverage service business and shall be valid for the life of the business unless revoked by the director for any of the following reasons:
1. The area used for cafe seating is no longer available due to changes in the configuration and design of the public right-of-way that prohibit further use of the street right-of-way or pedestrian alleyway for cafe seating.
2. The cafe seating is not in conformance with the requirements of this chapter or the street cafe permit.
3. The city suspends or cancels the street cafe seating program and eliminates all cafe seating in the public street right-of-way or pedestrian alleyway. (Amended during 2013 reformat; Ord. 974 § 1, 2012)