14-12 Physical Criteria for Enclosed Sidewalk Cafes
The regulations of this Section governing certain structural and operational requirements shall apply to all enclosed sidewalk cafes.
The ceiling of an enclosed sidewalk cafe shall be of incombustible materials, including colored or colorless safety glass or fabric which has been treated to be fire resistant as approved by the Department of Buildings.
At no point shall the height of the ceiling of an enclosed sidewalk cafe be lower than 7 feet, 0 inches above the floor of the sidewalk cafe.
(b) Transparency — exterior walls
An enclosed sidewalk cafe may provide a base wall of opaque material up to a maximum height of 12 inches from the finished floor level. The base wall shall include any horizontal structural members that support transparent materials above.
All enclosing walls, doors and windows, except for the structural members, above finished floor level or base wall as provided in this Section, up to a height of 7 feet, 0 inches above finished floor level, must be of colorless, untinted, non-reflective, transparent material, as approved by the Department of Buildings. In order to maximize transparency, the horizontal as well as vertical structural members shall not be sized more than 10 inches wide.
At least 50 percent of the walls, up to a height of 7 feet, 0 inches above finished floor level, shall consist of operable transparent windows.
The enclosed sidewalk cafe floor shall not be more than seven inches above the level of the adjoining sidewalk.
In the event of a major grade change, however, the City Planning Commission may, by certification, permit the floor level to be more than seven inches above the level of the adjoining sidewalk.
(d) Designated boundaries
No portion of enclosed sidewalk cafes, such as doors, windows, walls or any objects placed within an enclosed sidewalk cafe, shall swing or project beyond the designated exterior perimeter of the enclosed sidewalk cafe. However, fire exit doors that are used exclusively as emergency fire exit doors shall be exempt from this provision.
The furnishings of the interior of an enclosed sidewalk cafe shall consist solely of moveable tables, chairs and decorative accessories. No objects, except lighting fixtures and HVAC installations, may be permanently affixed onto any portion of the wall of the enclosed sidewalk cafe. In no event shall such objects penetrate the exterior perimeter of the wall or the roof of the enclosed sidewalk cafe or impede the transparency as required by this Chapter. The exhaust for such HVAC installations on the adjacent walls shall not be less than 10 feet above curb level.
(f) Refuse storage area
No structure or enclosure to accommodate the storage of garbage may be erected or placed adjacent to or separate from the enclosed sidewalk cafe on the public right-of-way.
An enclosed sidewalk cafe or its restaurant shall be directly accessible to persons with physical disabilities. In the event the main restaurant has provided such access, the enclosed sidewalk cafe shall be accessible to persons with disabilities from the interior of the restaurant.
In order to ensure access for persons with physical disabilities:
(a) at least one door leading into the enclosed sidewalk cafe or restaurant from the adjoining sidewalk shall be not less than three feet wide, clear; and
(b) a ramp with non-skid surface, if there is change of grade, having a minimum width of three feet and a slope of not greater than 1 in 12, shall be provided. Such ramp may be of portable type for enclosed sidewalk cafes that are six feet wide or less, except if such sidewalk cafe is at least 180 square feet in area.
No signs are permitted on an enclosed sidewalk cafe, except that the name and type of establishment may be placed upon the glass wall but shall not obscure the required transparency.
Musical instruments or sound reproduction devices shall not be operated or used within an enclosed sidewalk cafe for any purpose.