Special permit; site development plan.
[1] The Building Inspector is authorized to issue a special permit renewable yearly to operate a sidewalk cafe on public property, provided that the standards and requirements set forth in the "standards and requirements" subsection, below, have been complied with by the applicant, and shown on a site plan diagram submitted with the application for a
special permit.
[2] The Building Inspector may refuse a renewal of the permit:
[a] If in his judgment the use at that location has unreasonably interfered with vehicular or pedestrian traffic; or
[b] If the premises has a history of noncompliance with the property maintenance standards in the Village Code, as evinced by three convictions during a calendar year for any violation of the Property Maintenance provisions of the Nyack Village Code; or
[c] There is an outstanding violation of the site plan filed in connection with the permit; or
[d] For other good cause.
[3] Any decision to deny an application to renew a permit must be in writing, and shall be subject to review by the Zoning Board of Appeals.
Standards and requirements. The Building Inspector shall require a site plan to be filed as a part of each application and such plan shall conform in all respects to the following:
[1] There shall be a minimum of five feet of clear distance from any obstruction adjacent to the area occupied by the sidewalk cafe, and no tables shall be placed in any area where the five-foot clear distance cannot be maintained. The five-foot clear area must be free of all obstructions (such as trees, parking meters, multispace parking control systems, utility poles, etc.) in order to allow adequate pedestrian movement. Failure to maintain this clearance shall be a violation of this subsection. When an extended building line places a permitted establishment within 20 feet of the corner of a block, a sidewalk cafe shall only be permitted when it is determined that the use will not create a hazard, a sight distance obstruction for motor vehicle operators or unduly impede pedestrian traffic. There shall be no tables within or blocking an entrance or exit doorway.
[2] A sidewalk cafe may be located only directly in front of the establishment with which it is associated. Sidewalk cafes shall be placed adjacent to the building and where the sidewalk is of such width and design that it does not interfere with pedestrian or vehicular traffic.
[3] A sidewalk cafe may not be located within 50 feet of the boundary of any SFR, TFR or MFR District.
[4] Fully removable gateless fencing no higher than table height must be erected on the perimeter line and attached to the building if removed nightly. Such gateless fencing shall be installed by the permit holder at its sole cost. The permit holder shall be fully responsible for the proper installation and removal of the gateless fencing, and shall be liable for any damage to the public sidewalk.
[5] Furnishings shall consist solely of the aforementioned gateless fencing, tables, table umbrellas of a height of at least 84 inches, chairs, and planters containing live plants. Furnishings may not be attached, even in a temporary manner, to the sidewalk or other public property.
[6] No permanent structure or enclosure to accommodate the storage of furniture, accessories or accumulated garbage may be erected or placed adjacent to or separate from the sidewalk cafe on public property.
[7] A sidewalk cafe shall not interfere with any public service facility such as a telephone, fire call box, mailbox or public bench located on a sidewalk.
[8] All sidewalk cafes pursuant to this section must provide a food menu, but this shall not be interpreted to prohibit the service of beverages only.
[9] The permit holder of a sidewalk cafe shall maintain, at its sole expense, comprehensive general liability insurance coverage in an amount not less than $1,000,000, with the Village named as additional insured.
