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Where permitted by the underlying zone, and notwithstanding the provisions of Chapters 9.15 and 15.12, Provo City Code, a sidewalk cafe shall be permitted if the following requirements are met:

(1) An applicant submits scaled plans demonstrating that the cafe will conform to the following development standards:

(a) At least six (6) feet of clear, unobstructed sidewalk width will remain available for pedestrian use.

(b)  Sidewalk cafes shall be separated from the street by either a six (6) inch curb and two (2) foot setback or bollards every six (6) feet adjacent to a street.

(c) If a sidewalk cafe is designed to have more than one (1) row of tables and chairs, a non-sight-obscuring removable barrier not more than three (3) feet high enclosing the tables and chairs shall be constructed. Barrier gates shall not swing into the required unobstructed sidewalk area required in Subsection (1)(a) of this Section.

(d) Awnings associated with the cafe will be installed in accordance with the International Building Code. Umbrellas under seven (7) feet in height shall not extend into the required unobstructed sidewalk area required in Subsection (1)(a) of this Section.

(e) Signs associated with the cafe will be installed in accordance with provisions of the underlying zone. One (1) freestanding menu sign is permitted for each sidewalk cafe subject to the sign being located within the approved cafe area and being no more than six (6) square feet in size.

(f) Adequate facilities for the storage of trash generated by the cafe will be provided at a convenient location by the cafe owner(s) or operator(s).

(2) A revocable license from the City is executed that includes the following provisions:

(a) Insurance will be continuously maintained to adequately co-insure Provo City against any liability associated with the sidewalk cafe, as reasonably determined by the City. The insurance certificate shall name the City as an “additional insured.” Cancellation of such insurance shall require at least thirty (30) days prior notice to the City.

(b) Provo City, its officers, agents and employees, will be held harmless from any claims, causes of action, injuries, losses, damages, expenses, fees and costs, including attorneys’ fees, associated or arising from the operation of the cafe.

(c) The cafe owner and operator will be responsible for repair of any damage done to the public sidewalk due to the installation or removal of furnishings, barriers or other features of the sidewalk cafe.

(d) Hours of cafe use will be limited to not earlier than 6:00 A.M. and not later than 12:00 A.M. and will not exceed the operating hours of the associated eating or drinking establishment.

(e) Any music or entertainment shall meet the sound limitation requirements outlined in Chapter 9.06.

(f) The sidewalk cafe and surroundings will be maintained in a neat and clean condition at all times by the cafe owner(s) or operator(s).

(g) The Cafe owner and operator will remove cafe improvements if necessary for sidewalk repair or replacement, utility maintenance, or upon failure to comply with the terms of the agreement.

(h) Sidewalk cafes shall only be operated between March 1 and October 31. Furniture shall be removed from the right-of-way outside of these dates.

(Enacted 2010-31, Am 2023-46)