REVIEW, FINDINGS, AND DETERMINATION.
Austin City Code § 14-4-8
in effect§ 14-4-8 - REVIEW, FINDINGS, AND DETERMINATION.
(A) The director shall deliver a copy of each application the director receives for comment to:
(1) affected City departments, including the City's traffic engineer;
(2) the property owners and tenants whose property or businesses are immediately adjacent to the proposed permit area; and
(3) affected utility franchise holders.
(B) Not later than the 30th day after the director receives an application, the director shall make findings of fact as required by Chapter 316 (Use of Municipal Streets and Sidewalks for Public Conveniences and Amenities or for Private Uses) of the Texas Transportation Code and Subsection (C) based on a review of the application and any comments received under Subsection (A).
(C) The director shall notify an applicant that an application is approved if the director finds that the proposed sidewalk café or sidewalk storefront:
(1) is not located on, extend onto, or intrude on a portion of a roadway or a sidewalk necessary for pedestrian use;
(2) is planned to minimize potential harm or injury to the public or interference to public use of a public street;
(3) does not create a hazardous condition or obstruction of vehicular or pedestrian traffic on a public street; and
(4) meets the requirements of this chapter and the criteria and requirements established by the department.
(D) The findings made by the director under this chapter are exclusively for the use and benefit of the City to determine if the department's permit criteria have been met. The applicant may not rely on the director's findings as a certification or guarantee by the City that the findings are correct, complete, or accurate.
(E) If the director fails to make a determination on an application on or before the 30th day after receipt of the application, the application is denied.
Source: 1992 Code Section 15-9-3(A) and (B); Ord. 031204-12; Ord. 031211-11; Ord. No. 20140828-074, Pt. 7, 9-8-14; Ord. No. 20220217-009, Pt. 6, 2-28-22.
Source: City of Austin, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT14USSTPUPR_CH14-4SICASIST_S14-4-8REFIDEFetched: 10/27/2026