Any parklet area proposed to be located in the public right-of-way shall comply with all of the following requirements:
(A) Areas used for a parklet shall not extend beyond the immediately adjacent building frontage for the associated commercial space, and not in front of another business, unless said business operators share the space by written agreement.
(B) A minimum distance of not less than a four-foot-wide pedestrian travel aisle shall be maintained at all times.
(C) Fixed or permanent overhead coverings are permitted as long as they are constructed of transparent material. Permitted uses may use moveable umbrellas, but such umbrellas shall have a minimum seven-foot clearance from the ground to the lowest element of the umbrella or covering, and shall be located completely within the parklet area's permitted boundaries.
(D) Portable electric heaters may be used, but shall be located a minimum of three feet from any combustible material, and completely within the outdoor dining area's permitted boundaries. Gas heaters may not be used.
(E) All fixtures and furniture used in a private parklet area shall be removed from the public right-of-way and stored out of public view during nonbusiness hours. As set forth in the Fairfax Parklet Standards, parklet areas may be required to provide a permanent barrier delineating the usable parklet area from the remaining area of the public right-of-way.
(F) The parklet area must be clearly delineated by use of reflective tape, and all parklet areas must provide adequate outdoor-appropriate electric lighting as set forth in the Fairfax Parklet Standards.
(G) No business signage may be attached or affixed to any portion of the parklet area, but branding is permitted as to the umbrellas permitted by this section.
(H) If located on publicly owned property, an encroachment permit allowing establishment of a parklet area shall be obtained from the Public Works Department.
(I) A maximum of two parallel spaces of four diagonal spaces may be allotted for parklet uses by the associated business.
(J) Areas used for parklets in the public right-of-way shall comply with all applicable provisions of the Building and Fire Codes, including, without limitation, maintaining proper building egress and ingress at all times, observing maximum seating capacities, providing proper circulation, and providing appropriate access to persons with disabilities.
(Ord. 868, passed 9-7-2022)