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AN ORDINANCE • TO AMEND AND REORDAIN SECTION 25-28.1 OF THE CODE OF THE CITY OF CHARLOTTESVILLE, 1976, AS AMENDED, RELATING TO SIDEWALK CAFES. BE IT ORDAINED by the Council of the City of Charlottes- ville, Virginia, that Section 25-28.1 of the Code of the City of Charlottesville, 1976, as amended, is hereby amended and reordained, as follows: Section 25-28.1. Sidewalk cafes. (a) The operator of any licensed restaurant in the city may apply to city council for a permit to operate an outdoor cafe on the city sidewalk contiguous to such restaurant, or in the case of a restaurant abutting the pedestrian mall on Main Street between East Seventh Street and Preston Avenue, upon such portion of the pedestrian mall as council may designate in the permit. (b) Council may grant such permit for a period of not more than five years, provided it finds: • (1) That the proposed cafe will not unreasonably restrict the movement of pedestrian traffic on the sidewalk or pedestrian mall. (2) In the case of a cafe located on a sidewalk, that the cafe area will not occupy more than fifty percent of the usable width of the sidewalk. (3) That the restaurant requesting the permit is being or will be operated as a lawful permitted use in the zoning district in which it is located. If the proposed c board of architectural review or downtown board of architectural review, once city council has approved the location, the design and appearance of the cafe structures and furnishings shall be reviewed by the appropriate board pursuant to the standards and procedures set forth in the zoning ordinance. (4) That the proposed cafe will not present a hazard to the public health, safety or welfare. (c) The permit granted by city council shall establish . the season for the operation of the cafe and shall provide that all furniture and equipment used in connection with the cafe shall be removed from the sidewalk or mall during the winter months.