The Director, consistent with the provisions of this chapter and the zoning code, shall establish rules and regulations as the Director deems proper with respect to permitted locations for the operation of outdoor patios and parklets. The Director shall consider, as appropriate, the operation and location of the outdoor patio and/or parklet, the maintenance of the business establishment requesting a permit, the proximity and location of emergency exits, fire standpipes, fire hydrants, driveways, handicap ramps, handicapped parking zones, commercial loading and unloading zones, the condition of the sidewalk, and other factors he or she deems relevant. The Director may modify the rules and regulations as he or she deems necessary.
The issuance of permits and the maintenance of structures, tables, chairs, and other associated equipment shall be subject to the rules and regulations established by the Director, the zoning code and the following conditions and restrictions:
(a) Outdoor patios shall not obstruct emergency exits or fire standpipes;
(b) Outdoor patios and parklets shall comply with the handicap accessibility requirements established in the Director's rules and regulations;
(c) Outdoor patios and parklets shall not be permitted within six (6) feet of any fire hydrant, within five (5) feet of any driveway, within three (3) feet of any sidewalk handicap ramp, within two (2) feet of the curb designated for parking, unless the use is for a parklet, or within an area designated for handicapped parking or commercial loading and unloading or any other area where parking is prohibited. Parklets also shall not be permitted within fifty (50) feet of an intersection; and
(d) Outdoor patios shall not be permitted at any location where the clear, continuous, unobstructed sidewalk for the passageway of pedestrians is reduced to less than six (6) feet with the exception of the following areas which shall have clear, continuous unobstructed sidewalk at width of no less than ten (10) feet:
(1) Public Square;
(2) East 9th Street between Carnegie and the East 9th Street Pier, Lakeside Avenue, St. Clair Avenue and Superior Avenue between Ontario Street and East 13th Street; and
(3) Ontario Street between Carnegie Avenue and Lakeside Avenue, East 6th Street between Superior Avenue and Lakeside Avenue.
(e) Parklets shall not be used without a protective barrier that meets the plans and specifications approved by the Director.
(Ord. No. 704-2023. Passed 7-12-23, eff. 7-17-23)