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(a) All applications for a parklet permit shall be filed with the planning and development services department in a form approved by the planning and development services department. The initial application must be accompanied by the following:
(1) Written consent of all property owners and/or tenants whose property abuts the business requesting a parklet permit.
(2) Site layout, drawn to scale, which accurately depicts the dimensions of the existing area to be utilized as a parklet and adjacent private property(s), the proposed location of the parklet, size and number of tables, chairs, steps, planters, and umbrellas, location of doorways, trees, existing parking meters, sidewalk benches, trash receptacles, light poles, and any other sidewalk obstructions, either existing or proposed, within the pedestrian area. This layout shall be submitted on eight and one-half-inch by eleven-inch paper, suitable for reproduction.
(b) Upon filing, the director of planning and development services, or designee, shall review the application for compliance with this subchapter in consultation with the city attorney's, public works, health, and police departments, and public parking division.
(c) The following criteria shall be met prior to issuance:
(1) A parklet permit may only be issued in the central business district in which the adjacent street or roadway has a posted speed limit not more than 20 miles per hour;
(2) A parklet may not be located within parking spaces designated for the physically disabled or handicapped persons;
(3) The installation must be removable;
(4) Parklet furniture must be of commercial grade, designed durably, and comply with applicable design standards;
(5) Parklets need to be constructed out of durable and stable materials;
(6) Parklet materials and furniture must be stored inside after the October 15 expiration date;
(7) Parklets must include vertical elements that alert vehicles to their presence and include materials that create enclosure around the perimeter;
(8) Must be located at least 20 feet away from the nearest intersection and shall have five foot setback from any driveway;
(9) Cannot occupy more than two parking spaces;
(10) Cannot be located in diagonal parking spaces;
(11) Cannot be located within 40 feet of a bus stop;
(12) Have reflective vertical elements that make them visible to traffic, such as flexible posts or bollards;
(13) Have a minimum of a two-foot buffer space from adjacent parallel parking spaces;
(14) Have a minimum of a two-foot buffer space from the drive lane;
(15) Have a flush transition at the curb to permit easy access for wheelchairs or others with mobility issues and to avoid any tripping hazards;
(16) Utilize barriers such as planters or railings to protect the patrons;
(17) Remain clear, unobstructed sightlines to and from the street;
(18) Provide sidewalk-facing edges that are open to pedestrians;
(19) The parklet must not significantly impede curbside storm drainage;
(20) Meets all applicable requirements contained within the city's code of ordinances; and
(21) Any other criteria deemed necessary by the city.
(Ord. 22-23, passed 4-11-2023)
EVENTS IN THE CENTRAL BUSINESS DISTRICT
Certain special events conducted by Downtown Sioux Falls, Inc. for the betterment and promotion of downtown may be designated as promotional. Any designated promotional event may preempt any approved sidewalk use within the event venue area during the event time upon 30 days’ written notice to the affected permit/leaseholder(s).
(1992 Code, § 29-94) (Ord. 2-10, passed 2-8-2010; Ord. 101-24, passed 12-3-2024)
MOBILE FOOD VENDORS
For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLICANT. As used in this chapter means the primary person conducting sale or service of food or beverages, or the primary operator of a mobile food truck.
MOBILE FOOD TRUCK. A licensed and operable vehicle or concession trailer, which is enclosed and self-contained, independent with respect to water, sewer, and power utilities, that contains equipment for the preparation and sale or service of food or beverages with or without charge which are designed for immediate consumption.
MOBILE FOOD VENDING. The act of preparation and sale or service of food or beverages with or without charge that are designed for immediate consumption.
MOBILE FOOD VENDOR. As used in this chapter means any person or entity conducting the sale or service of food and beverages with or without charge that are designed for immediate consumption in the public right-of-way or on private property.
OPERATE. Shall mean all activities associated with the conduct of mobile food vending, including setup and takedown and/or actual hours where the mobile food vending unit is open.
PRIMARY OPERATOR. The registered owner of a mobile food truck or the owner’s designated agent.
(Ord. 118-15, passed 12-1-2015; Ord. 101-24, passed 12-3-2024)
It shall be unlawful for any person to engage in mobile food vending as a mobile food vendor on public or on private property within this city without first obtaining all applicable state and city permit and licenses.
(Ord. 118-15, passed 12-1-2015) Penalty, see § 117.999
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