BARRIERS
(a) Outdoor Dining Area barriers (fences, planter boxes, etc.) must be visually appealing and help to separate the dining area from the sidewalk. All barrier material must be maintained in good visual appearance, without visible fading, dents, tears, rust, corrosion, or chipped or peeling paint.
(b) Barriers are required in the following instances:
(1) Required for full perimeter of outdoor dining areas when the seating area extends more than two and a half (2 1/2) feet into the public right-of-way. A detectable barrier is required for the full perimeter (with the exception of the access openings).
(2) Required for full perimeter of all outdoor dining areas when serving alcohol. State law requires that outdoor dining areas, where alcohol is served or consumed, must be enclosed with only one opening to the sidewalk for access. Such access must face the main ingress and egress of the operator's establishment. All access openings must measure no less than thirty-six (36) inches in width.
(c) The following types of barriers are permitted; sectional fencing, planters, planter boxes or combination thereof. Prohibited barrier styles include, but not limited to chain-link, rope, chains, cyclone fencing, buckets, food containers, tires, tree stumps, wood pallets, chicken wire, plastic fencing or similar appurtenances and materials not specifically manufactured for fencing or to be used for pedestrian traffic control.
(1) Sectional fencing (generally defined as rigid fence segments that can be placed together to create a unified fencing appearance) are permitted. Sectional fencing must be of metal (aluminum, steel, iron, or similar) or of wood construction and must be painted or stained.
(2) If a stanchion or other vertical supporting device is attached to the sectional fencing, the base must be flat and must measure no more than one-half (112) of an inch above the sidewalk surface. No domed bases for the stanchion or other vertical supporting device for the fencing. The base must not be a tripping hazard.
(3) All barriers must be a total height of thirty-six (36) inches above the level of the sidewalk. Exceptions may be granted for barriers that include landscape (planting) materials or a combination of landscape materials and sectional fencing.
(4) Planters may be used in addition to or in place of other barrier designs. They may also be used in situations where no barrier is required.
A. All planters themselves must be a total height of thirty-six (36) inches above the level of the sidewalk. The plants (live or artificial) within the planters shall not exceed sixty (60) inches in height, measured from the surface of the sidewalk.
B. All planters must have plants contained within them. If plants within a planter die, the plants must be replaced or the planter removed from the public right-of-way.
(5) All barriers must be freestanding, without any permanent or temporary attachments to buildings, sidewalks, or other infrastructure.
TYPES OF FURNITURE
(a) Outdoor Dining Area furniture must be visually appealing and must be maintained in good visual appearance, without visible fading, dents, tears, rust, corrosion, or chipped or peeling paint. All furniture and fixtures must be maintained in a clean condition at all times and shall be of high quality, durable and of sufficiently sturdy construction. All furniture and fixtures shall be consistent and match each other by being visually similar design, construction, and color.
(b) All furniture other than tables, chairs, and umbrellas are prohibited. This includes but is not limited to serving stations, bar counters, shelves, racks, sofas, trash receptacles, and torches. Outdoor space heaters may be permitted when it is safe to do so according to the Parkersburg Fire Department and in keeping with the intent of this ordinance. Locations for outdoor space heaters must be located on original site plan on the Outdoor Dining Area Permit Application.
(1) Tables must be of metal (aluminum, steel, iron, or similar) or of wood construction and may be colored or of a natural unpainted material (i.e., wood, metal, etc.). Tables are not permitted to be of any plastic material.
(2) Square or rectangular tables are preferred, but not required for outdoor dining areas. All tables shall be consistent and match each other by being visually similar design, construction, and color.
(3) Chairs must be of metal (aluminum, steel, iron, or similar) or of wood construction and may be colored or of a natural unpainted material (i.e., wood, metal, etc.). Chairs are not permitted to be of any plastic material. All chairs shall be consistent and match each other by being visually similar design, construction, and color.
(4) Upholstered pillows or any other type of cushions for the furniture is permitted.
(5) Umbrellas must be of a material suitable for outdoor use and must be canvas-type. No plastic fabrics, plastic/vinyl/laminate fabrics, or any type of rigid materials are permitted for use as umbrellas within an outdoor dining area. Umbrella covers must be of one solid color.
(6) Signage, graphics or wording on the umbrellas is prohibited, except where the Operator's business name/logo is used.
(7) Square or Rectangular Umbrellas are preferred. Market-style or those designed specifically for patio or outdoor restaurant are preferred.
(8) All parts of any umbrella (including the fabric and supporting ribs) must be contained entirely within the outdoor seating area.
(9) When extended, the umbrella must measure at least eight (8) feet above the surface in order to provide adequate circulation space below. Any part of an umbrella used in the outdoor dining area may not exceed a height often (10) feet above the level of the sidewalk.
(c) The floor of any outdoor dining area should be uncovered sidewalk material. Prohibited sidewalk coverings include, but are not limited to carpet, platforms, raised decks, or any other flooring material including but not limited to tile, nylon, vinyl, canvas, or any other covering that is intended to resemble turf are prohibited.
(d) All furniture and fixtures must be freestanding. At no time shall furniture and fixtures be secured to other permanent structures including, but not limited to trees, street signs, hydrants, or any other street infrastructure by means of ropes, chains, or any other devices. (Ord. 0-1574. Passed 9-26-17.)