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