GUIDELINES
FOR SIDEWALK DINING AREAS (Created April, 1996 and Revised May, 2005) With CC
Changes
The City
of
1. Ensure adequate space for
pedestrians on the sidewalk or other public open space area adjacent to
“Sidewalk Dining Areas”;
2. Promote “Sidewalk Dining Areas” as
visual amenities, which relate to and are complementary to the surrounding
area. Consideration shall be given to
the character of the area and its streetscape;
3. Where “Sidewalk Dining Areas” are
located in the Downtown, they shall preserve and enhance the character of
4. Establish guidelines and conditions
for the establishment of “Sidewalk Dining Areas” that are effective, efficient,
and enforceable.
Applications for sidewalk
dining include the submission of an application form, copies of your Kansas Food Service
Establishment License (6-1202.3), Lease and Permission for Use of Property (if
applicable), Proof of Insurance (6-1202.11), State Report Forms (6-1202.5), and
the Appropriate Fee ($3.50 x # of square feet of sidewalk) to the City Clerk (to be reviewed and
approved by the City Commission) and a site plan to be submitted to the Planning
Department to be reviewed by the Historic Resources Commission (6-1202.7)
and the Planning Director (20-1428). The
City Commission will conduct the final review and approval of the site plan. Any approval prior to City Commission approval of the Sidewalk Dining request by
staff or the
All applications for Sidewalk
Dining must comply with all applicable local, State, and Federal codes.
General
1. The sidewalk cafe area must be
contiguous with any side of a building wherein a restaurant or food service
establishment is located.
2. No portion of a sidewalk dining
area shall be used for any purpose other than dining and circulation therein.
3. The sidewalk dining area shall not
occupy more than thirty (30) percent of the total area of the primary
restaurant operation. The sidewalk
dining area shall be considered an auxiliary use to the interior dining area.
4. A restaurant or food service
establishment may be permitted to operate only one sidewalk café, and each
sidewalk cafe shall be confined to a single location on the sidewalk;
5. The sidewalk dining area shall not
extend past the restaurant or food service establishment’s storefront.
6. A sidewalk dining area shall not
utilize any public amenities such as benches, seats, tables, or trash
receptacles.
Usable
Sidewalk Dining Area
1. The proposed sidewalk dining area
shall maintain a minimum of six (6) feet or half (1/2) the width, whichever is
greater, unobstructed sidewalk between the food service establishment dining
area and all obstructions, measured from the outer edge of the dining area to
the curb side obstacle. Consideration
may be given to providing a minimum of five (5) feet width on local streets
such as 7th, 8th, etc;
2. The proposed sidewalk dining area
shall be a minimum of five (5) feet from the street corner areas as defined by
building lines extended to the street;
3. The sidewalk dining area shall be
delineated by an approved railing that is clearly visible to pedestrians. The railing shall take into consideration
4. Unless the main access to the
restaurant or food service establishment is provided through the sidewalk
dining area, the sidewalk dining area should only be accessible through the
interior of the restaurant or food service establishment. Provisions should be made to provide adequate
fire safety egress.
Elevation
and Other Design Considerations
1. The sidewalk dining area shall be
the same elevation as the adjoining sidewalk.
Paint, artificial turf, carpets, platforms, or any other surface cover
or treatment of any kind are prohibited from being placed upon the designated
area at any time;
2. In order to maintain maximum visual
access, the height of the railing shall not be higher than forty-five (45")
inches. Thirty-six inches is recommended.
Consideration of height variations may be given to properties with
significant grade changes;
3. Railings shall be designed in a
manner to make them removable. The City shall have the authority to require any
sidewalk dining area to suspend operation and clear such area, or to move or
modify the location or operation of the sidewalk dining area, for such things
as, but not limited to:
a. Any permitted special event;
b. Any street, sidewalk, or utility
construction;
c. Any emergency situations;
d. The protection of the health,
safety, and welfare of the public.
4. Railings and barriers shall be
constructed of ornamental metal, wrought iron or other compatible materials and
shall reflect the character of the area;
5. The railing shall not be attached
to the building.
6. The sidewalk dining area shall be
unenclosed and shall be open to the sky with the exception that it may be
covered with a retractable awning or fixed awning, which is compatible with the
surrounding area; and
7. In order to maintain maximum visual
access, Sidewalk dining area furnishings may not include outdoor heaters.
Operation
of Sidewalk Dining Area
1. Sidewalk cafes shall not operate
when the restaurant or food service establishment kitchen is closed;
2. Advertising signage shall not be
permitted in the sidewalk dining area except for the name of the establishment
on chairs or tables as approved by the City;
3. All amenities including railings,
barriers, chairs, and tables shall be maintained in good condition;
4.
No
blockage of building entrances or exits shall be permitted in the sidewalk
dining area;
5.
The
establishment operating the sidewalk dining area shall be responsible for trash
removal and must maintain the following areas in a clean and litter-free manner
during the hours of operation:
a.
The
sidewalk dining area
b.
The
area from the front building façade to the curb line;
c.
Five
(5) feet along the adjacent sidewalk to both sides of the sidewalk dining area.
6.
Trash
and refuse storage for the sidewalk dining area shall not be permitted within
the sidewalk dining area or on adjacent sidewalk areas, and the permittee shall
remove all trash and litter as it accumulates.
7.
Per
City Code, Section 9-902, outdoor dining areas must be managed to prevent
stormwater pollution:
a.
Food
waste, trash, cigarettes and other solid wastes must be contained, collected
and disposed of properly. Collection must be frequent enough to prevent wastes
carried offsite by wind or stormwater runoff;
b.
Wastewater
from the cleaning of pavement, buildings, furniture or other outdoor surfaces
must be collected and discharged to the sanitary sewer system or other approved
wastewater treatment process.
Installation of a nearby sanitary sewer cleanout is recommended for this
purpose;
c.
Pavement
and furnishings must be cleaned frequently enough to prevent contamination of
stormwater runoff;
d.
Failure
to comply may result in fines, stop work orders or disconnection of utility
service.
8. Food preparation is not permitted
within sidewalk dining areas. Sidewalk dining areas must comply with all
applicable state and local health codes.
Site
Plan Submittal Requirements
In addition to the
requirements identified in Chapter
20-1431 of the Code of the City of
1. The site plan shall show the
relationship to the interior dining and sidewalk dining areas;
2. The site plan shall state the
square footage of the interior dining and sidewalk dining areas;
3. The site plan shall state the
occupancy of the interior dining and sidewalk dining areas;
4. The site plan shall show the
composition of railings and barriers proposed for the delineation of the
sidewalk dining area. The plans shall
detail the style, design, and color of the proposed railings or barriers;
5. The site plan shall provide a
detail of the sidewalk attachment method;
6. The site plan shall provide
information regarding the type and style of awning (if applicable) and the
type, design, and materials of the proposed chairs and tables; and
7. The site plan shall contain such
other conditions and restrictions on the use of the sidewalk dining area;