(a) Public private setbacks shall either be landscaped or paved with an impervious masonry material such as pavers, natural stone, stamped concrete or brushed concrete, and other like and similar materials.
(b) Public private setbacks shall be open to the sky and unobstructed except for the following features, equipment and appurtenances normally found in public parks: water features, including fountains, reflecting pools, and waterfalls; sculptures and other works of art; seating; trees, planters, planting beds, lawns, and other landscape features; pergolas, arbors or trellises; litter receptacles; bicycle racks; tables and other outdoor furniture; lights and lighting stanchions; permitted temporary exhibitions; permitted awnings, umbrellas; canopies, or marquees; permitted kiosks and open-air cafes; stages; public transit station; and drinking fountains.
(c) Entrances to buildings located within a public private setback may have a maximum of one canopy, awning, or marquee complying with the following:
(1) A maximum area of two hundred and fifty (250) square feet,
(2) No more than fifteen (15), feet when measured perpendicular to the building façade, projection into the public private setback;
(3) A minimum of fifteen (15) feet above the level of the public private setback adjacent to the building entrance.
(d) No garage entrances, driveways, parking spaces, passenger drop offs loading berths, or building trash storage facilities shall be permitted within a public private setback. Nor shall any building trash storage facility be accessed or serviced through the public private setback. If garage entrances, parking spaces, passenger drop-offs, driveways, loading berths or building trash storage facilities are located near or adjoin a public private setback, they shall be separated from it by a barrier sufficient to substantially conceal these facilities and any vehicles therein when viewed from any point in the public private setback.
(e) Outdoor dining may be covered in conformance with the Building Code with the following:
(1) A roof incorporated into the structure of the principal building and opened towards the street or setback;
(2) Temporary fabric roofs with no vertical supports; or
(3) Arbors, pergolas, or trellises.
(f) Public private setbacks between five hundred (500) and one thousand (1,000) square feet in area must provide one of the following additional amenities and public private setbacks greater than one thousand (1,000) square feet in area must provide at least three of the following additional amenities.
(1) Seating including benches, seats, and moveable chairs;
(2) Decorative planting and trees;
(3) A minimum of one drinking fountain;
(4) Artwork that is provided as an additional amenity must integrate with the design of the public private setback. Artwork shall not interfere with public access, circulation, or visual openness within the public private setback or between the public private setback and adjoining public areas; or
(5) Water feature (such as fountains, reflecting pools, waterfalls).
(g) One litter receptacle shall be provided for every 1,500 square feet of public private setback area, up to a maximum of 6,000 square feet. Public private setbacks containing outdoor dining providing food service shall provide two litter receptacles for each 1,500 square feet of public private setback area occupied by such outdoor eating area. Setbacks greater than 6,000 square feet in area must provide an additional litter receptacle for every additional 2,000 square feet of public private setback. All litter receptacles must have a volume capacity of at least twenty-five (25) gallons and shall be located in visible and convenient locations. All top or side openings must have a minimum dimension of twelve (12) inches.
(h) All public private setbacks shall provide parking for at least two bicycles. Public private setbacks greater than 2,000 square feet in size must provide parking for at least four (4) bicycles.
(Ord. 8-2013. Passed 2-26-13.)