§ 24-252. Pedestrian enhancement permit—Application, approval and general provisions.

(a)

Permit required; enforcement. Subject to the provisions of this division, a pedestrian enhancement may be located within a portion of the right-of-way only upon approval of a pedestrian enhancement permit by the Director. No person shall establish a pedestrian enhancement unless such person has obtained a pedestrian enhancement permit, and no other use of the area devoted to the pedestrian enhancement shall be permitted, except normal use as a right-of-way. The design, operation, and use of a pedestrian enhancement shall comply with the approved permit. It shall be the responsibility of the Director to enforce the provisions of this division.

(b)

Application. Application for a pedestrian enhancement permit shall be made to the Director on such application form and subject to such written procedures as the Director may establish for that purpose.

(c)

Plan and other materials to accompany application. The following plan and other materials shall be submitted in triplicate with the application for a pedestrian enhancement permit:

(1)

A detailed plan, endorsed by a person licensed by the Commonwealth as a professional engineer, drawn to scale that clearly illustrates the location and design of the proposed pedestrian enhancement. Where applicable, the plan must show all of the following:

a.

The layout and arrangement of the proposed pedestrian enhancement, including its overall dimensions and the type, design, and placement of any barriers and furnishings such as, but not limited to, tables, chairs, umbrellas, planters, bike racks and any other appurtenances to be located within the boundaries of the proposed pedestrian enhancement.

b.

The following sidewalk conditions and features located within the boundaries of the proposed pedestrian enhancement and within ten feet of such boundaries: existing right-of-way paving material and width of the right-of-way in which the proposed pedestrian enhancement will be placed; the location of tree wells, sidewalk grates, benches, bus passenger shelters, mailboxes, newspaper boxes, lampposts, traffic signal poles, traffic and parking signs, parking meters, wheelchair ramps, driveways, fire hydrants, trash receptacles and similar sidewalk features or obstructions; and the boundaries of any existing adjacent pedestrian enhancement.

(2)

Photographs or other graphic representations, together with specifications, which depict the design, materials and colors of chairs, tables, umbrellas, barriers and other appurtenances to be located within the boundaries of the proposed pedestrian enhancement.

(3)

Photographs of the proposed site of the pedestrian enhancement and within ten feet thereof, showing the relationship of the site to the adjacent sidewalk and buildings and showing the features enumerated in subsection (c)(1)(b).

(4)

A detailed description of the manner of removal of the pedestrian enhancement upon the expiration and non-renewal, or the suspension or revocation, of a permit or upon the direction of the Director.

(5)

Such additional information as the Director may reasonably require as needed to determine compliance with the provisions of this division.

(d)

Permit application fee. An application and processing fee, as set forth in Appendix A to this Code, shall accompany each application for a pedestrian enhancement permit. Such fee shall be nonrefundable.

(e)

Indemnification, insurance and bonding requirements to be met. Proof of compliance with the indemnification and insurance requirements set forth in Section 24-62(a)(4) and (5) and the bond requirements set forth in Section 24-62(a)(7) shall be submitted to and approved by the Director prior to approval of a pedestrian enhancement permit.

(f)

Permit requirements. The Director shall not approve a pedestrian enhancement permit unless, in the judgment of the Director, the pedestrian enhancement meets all of the following requirements:

(1)

The proposed pedestrian enhancement will not cause a safety hazard.

(2)

The proposed pedestrian enhancement will not cause undue motor vehicle traffic congestion in the surrounding area.

(3)

All owners of properties, and tenants of commercial properties, abutting or adjacent to the proposed pedestrian enhancement, have provided written approval of the pedestrian enhancement; provided that in the case of a condominium, written approval of the condominium owners' association shall constitute approval.

(4)

The proposed pedestrian enhancement is suitable to the site and conforms to the requirements, with respect to location, design, function and use, of standards established by the Director pursuant to this section.

(5)

If a parklet, the proposed pedestrian enhancement is protected, by an appropriate barrier, from motor vehicles so as to provide adequate protection to occupants of the pedestrian enhancement. The plan required under subsection (c) shall include a description of this barrier.

(6)

The proposed pedestrian enhancement will not be located on a city street in a location where, absent the pedestrian enhancement, cars would not be permitted to park.

(7)

The proposed pedestrian enhancement complies with all applicable laws.

(g)

Specific standards. The Director shall establish specific standards by which the Director will determine whether the location and design of the proposed pedestrian enhancement meets the criteria set forth in subsection (f).

(h)

Action on permit application. No permit shall be issued for a pedestrian enhancement until the location, character and extent of the pedestrian enhancement has been approved by the Planning Commission. The Director may, however, deny the application for a pedestrian enhancement permit, pursuant to subsection (f), before the Planning Commission reviews the location, character, and extent of the proposed pedestrian enhancement. If the Planning Commission approves the location, character, and extent of the pedestrian enhancement, the Director shall approve, approve with conditions, or deny the application for a pedestrian enhancement permit. Approval or approval with conditions shall only be granted if the proposed pedestrian enhancement complies with the requirements of this division. The Director may impose any lawful condition on a permit that the Director deems necessary or desirable based on safety or suitability of the proposed pedestrian enhancement. Upon approval, the permit application shall constitute the pedestrian enhancement permit.

(Ord. No. 2016-026, § 1, 2-22-2016)

(Ord. No. 2016-026, § 1, 2-22-2016)