1131.085 ACCESSORY USE REGULATIONS FOR PUBLICLY ACCESSIBLE OUTDOOR SPACES.
 
Building Type
Permitted Districts
Kiosk
A one-story temporary or permanent structure intended to facilitate food, retail, commercial or civic services having any kitchen equipment stored completely within the kiosk. They are a maximum of 100 square feet and their placement does not impede within any pedestrian circulation path. The interior of a kiosk is not intended for the public to enter.
C-1
C-2
C-2X
C-3
Jewel Box 
A one-story temporary or permanent structure intended to facilitate food, retail, commercial and/or civic services having any kitchen equipment stored completely within the jewel box. They are a maximum of 400 square feet and may have open air rooftop occupiable space. Their placement should not impede within any pedestrian circulation path and are operational and provide service year-round. Jewel box interiors are intended for the use of service personal and the public.
C-1
C-2
C-2X
C-3
Open-Air Cafe
A permanently unenclosed areas for dining with food and drink services provided from a kiosk or jewel box having kitchen equipment contained within the structure with permitted shade applications. Open-Air Cafes are accessible from all sides that do not abut a building façade.
C-1
C-2
C-2X
C-3
Dining Patio
A permanently unenclosed areas for dining with food and drink service provided from a restaurant in an adjacent building with permitted shade applications. Dining patios in a public, outdoor space are accessible from all sides that do not abut a building façade but are adjacent to additional public, outdoor spaces.
C-1
C-2
C-2X
C-3
   Kiosks, Jewel Box Retail, Open-Air Cafes, and Outdoor Dining Spaces Kiosks, Jewel Box Retail, Open-Air Cafes, and Outdoor Dining Spaces are permitted in privately owned and publicly owned plaza spaces, courtyards, forecourts, and any other publicly accessible outdoor spaces. Such features shall be treated as permitted accessory uses and shall be designed to a high standard, be aesthetically pleasing and meet all applicable building codes.
   (a)    KIOSKS AND JEWEL BOX STRUCTURES.
(1)    Kiosks shall be a one-story temporary or permanent structure that is substantially open and transparent not obstruct views across the plaza space. Kiosks may be a maximum of 100 square feet. Kiosk placement shall not impede or be located within any pedestrian circulation path. Kiosks may be occupied by commercial and retail uses permitted in the applicable zoning district such as food or drink service, flower stands, information booths, or other activities that promote the public use and enjoyment of the publicly accessible outdoor spaces. Any kitchen equipment must be stored completely within the kiosk.
      (2)    Jewel Box Retail shall be a one to two story temporary or permanent structure that is substantially open and transparent so that it does not obstruct views across the plaza space. Jewel Boxes may be a maximum of 400 square feet. If the structure is more than one story, this area requirement shall apply to ground floor space only. Jewel Boxes may have open air rooftop occupiable space. Jewel Box placement shall not impede or be located within any pedestrian circulation path. Jewel Boxes may be occupied by uses that promote the public use and enjoyment of the publicly accessible outdoor spaces and adjacent retail, commercial, institutional, or personal service uses. Any kitchen equipment must be stored completely within the jewel box.
   (b)   OPEN-AIR CAFES AND OUTDOOR DINING.
      (1)    Open-Air Cafes shall be areas for dining that are open to the public but not associated with a restaurant and thus do not include service. Umbrellas, shade trees in planters, temporary fabric structures, and pergolas are permitted. Open-Air Cafes shall not line more than one third of a publicly accessible outdoor space adjacent to a public sidewalk. No circulation paths meant for general pedestrian travel may move through an Open-Air Café. Open-Air Cafes must be accessible from all sides that do not abut a building façade but are adjacent to publicly accessible outdoor space. Planters, decorative low walls no taller than 42”, and other decorative features intended to define space will be permitted on the edges of Open-Air Cafes so long as they occupy no more than 60% of the perimeter and are not permanent. All furniture, fixtures and accessories of an Open-Air Cafe shall be completely removed when the café is not in service unless they are intended for use by the public when the café is not open.
   (2)    Outdoor Dining Spaces shall be areas for dining by restaurant patrons with food and drink service provided from that restaurant which is located in an adjacent building as allowed by applicable zoning codes. Outdoor Dining Spaces shall not line more than one third of a publicly accessible outdoor space adjacent to a public sidewalk. No circulation paths meant for general pedestrian travel may move through an Outdoor Dining Space. Planters, decorative low walls no taller than 42”, and other decorative features intended to define the Outdoor Dining Space will be permitted, so long as they are not permanent. Umbrellas, shade trees in planters, and pergolas are permitted.
      (3)    Requirements for Open-Air Cafes & Outdoor Dining Patio Spaces.
         (i)    Open-Air Cafes and Outdoor Dining Spaces shall occupy no more than 20 percent of a publicly accessible outdoor space. This shall be calculated using all areas intended for open-air dining within the plaza even if they are not connected. Kiosks and Jewel Box structures that serve Open-Air Cafés and Outdoor Dining Spaces shall not be included in the area measurement.
            (Ord. 187-2023. Passed 1-16-24.)