(A)

Public rights-of-way are designed for free and unobstructed travel. However, the City of Fayetteville recognizes that certain developed and developing areas in a traditional town form are unique and that certain public amenities are not inconsistent with the underlying dedication for the public right-of-way, as long as they do not impede travel or interfere with the public safety. This ordinance is designed to encourage pedestrian activity and make the urban environment more attractive.

(B)

Sidewalk Cafes. The City may issue a permit allowing a sidewalk cafe on part of a specified sidewalk if the following requirements are met:

(1)

The proposed sidewalk cafe shall not unduly impact or impede the public's ability to travel upon or use the sidewalk and any other affected public right-of-way. If at any time the sidewalk cafe is determined by the City to impede travel or interfere with public safety, the City may require that the sidewalk cafe be removed or modified.

(2)

Any necessary costs to relocate a utility or widen the existing sidewalk to accommodate the proposed sidewalk cafe shall be paid by the sidewalk cafe applicant.

(3)

The sidewalk cafe applicant may be required to post a surety bond or letter of credit sufficient to cover the cost of removing the sidewalk cafe if necessary for the city or utility company to access pipes, lines, or other facilities.

(4)

The sidewalk cafe applicant must consent that the city or a utility company may remove, without liability or compensation, part or all of the sidewalk cafe, if necessary, to access a utility easement, facility, or improvement.

(5)

Applicants requesting a permit must provide a detailed site plan and written description illustrating the type, location and dimensions of all furniture to be placed in the public right-of- way. Sidewalk cafes may not be enclosed by fixed walls or other permanent structures.

(6)

Sidewalk cafes must be open to the air, except that an awning or canopy conforming to requirements established by the Unified Development Code and Building Code may be constructed over the sidewalk cafe. In order to provide sufficient pedestrian clearance, umbrellas must have 7 feet of free and clear space from the sidewalk surface to the lower edge of the umbrella.

(7)

Property shall be kept clean and free of refuse with no permanent trash containers placed on the premises.

(8)

All furnishings and fixtures must be of a temporary nature and shall be removed from the public right-of-way and stored inside during non-operational times.

(9)

For sidewalk cafes using city right-of-way for operation, there shall be a minimum of 5 feet or 50% of the total sidewalk width for clearance, whichever is greater, to provide adequate and unobstructed pedestrian movement.

(10)

One A-frame sandwich/menu board is permitted within the sidewalk cafe's border during hours of operation, subject to the applicable regulations in Chapter 174, Signs for the same.

(11)

The applicant shall notify adjoining property owners.

(12)

Each application for a sidewalk cafe permit shall be accompanied by a $100.00 permit review and processing fee.

(C)

Parklets. The City may issue a permit allowing a parklet in paid public parking spaces for the exclusive use of an adjacent business.

(1)

Definition. A parklet is a temporary platform located on a right-of-way and intended to provide additional space for use by an adjacent business and its patrons.

(2)

The City may issue a permit for a parklet if the following requirements are met:

(a)

The proposed parklet shall be limited to no more than three (3) parking spaces directly adjacent to the applicant's business and located at least one (1) parking space from a corner, intersections and other parklets.

(b)

Applicants requesting a permit shall provide a detailed site plan and written description illustrating the type, location and dimensions of the parklet elements to be placed in the public right-of-way.

(c)

The applicant shall pay the parking fees established in Chapter 72, Parking Regulations, including any adjustments or amendments thereto.

(d)

The applicant shall provide notice to adjoining property owners.

(e)

Utility Access. The applicant shall consent that the parklet will not inhibit access to, maintenance or operation of any public utility. If the parklet is located over a utility main or any appurtenances, the establishment shall remove the parklet to accommodate any work on utilities. The applicant shall also consent that the city or any utility company may remove, without liability or compensation, part or all the parklet if necessary to access a utility easement, facility or improvement.

(f)

Alcohol. The establishment shall agree to comply with all state and local laws regarding the consumption, sale, and serving of alcoholic beverages.

(g)

Conditions of Parklet. The establishment shall agree to maintain all elements of the parklet in good condition. Elements experiencing routine wear and tear shall be repaired or placed. Parklet must be free of debris, grime, and graffiti. All parklet vegetation must be watered and maintained. Amplified music is prohibited in the parklet.

(h)

Inspections. The establishment shall agree to periodic inspections by city staff for compliance with all regulations.

(i)

One (1) A-frame sandwich/menu board is permitted within the public sidewalk adjacent to the parklet during the applicant's regular hours of operation, subject to the applicable regulations in Chapter 174, Signs for the same. Each establishment can place only one (1) sign in the right-of-way.

(j)

Each application for a parklet permit shall be accompanied by a $100.00 permit review and processing fee.

(k)

Minimum Design Standards. The establishment shall agree to comply with the minimum design standards set forth below.

(I)

Corner locations. The proposed parklet site shall be located at least one (1) parking spot from a corner or protected by a bollard, sidewalk bulb-out, or other similar feature, if located at the corner.

(II)

Speed limit. Parklets are permitted where the posted speed limit is thirty (30) mph or less. Streets with higher speed limits may be considered on a case-by-case basis may be considered and approved by the City Engineer.

(III)

Street slope. Parklets must be situated on streets with a running slope (grade) of 5% or less or provide a level surface to meet this grade.

(IV)

Buffers and Safety Elements. Parklets shall be required to have a buffer to protect users from street traffic. Buffers can be either reflective tape, planters, durable seating, temporary railing/edging, or other visible, protective edging as approved by staff in the application process. Parklets shall be required to have soft hit posts and wheel stops. Parklets must be situated a minimum of 2 feet from the nearest edge of traveled way. Planters used as edging features are required to be large and durable.

(V)

Utilities. Parklets shall not be allowed in front of a fire hydrant, or over a manhole, public utility valve, or cover. Curb and roadside drainage shall not be impeded by the parklet. If decking is being constructed, the decking should allow for easy access underneath and curbside drainage shall not be impeded. A gap of 6 inches should be maintained between the body of the deck and the asphalt to facilitate the movement of water. The proposed parklet shall not unduly impact or impede the public's ability to travel upon or use the public right-of-way. If at any time the parklet is determined by the City to impede travel or interfere with public safety, the City may require that the parklet be removed or modified.

(VI)

Americans with Disabilities Act Compliance. All elements of Parklets shall be constructed and/or installed to conform to the applicable provisions, rules, regulations, and guidelines of the Americans with Disabilities Act (ADA).

(VII)

Design for easy removal. Parklets are temporary in nature and must be designed for easy removal. All removable furniture must be locked or stowed each night.

(VIII)

Parklet decking. Parklet decking must be flush with the curb and may not have more than ½ inch gap from the curb. If decking is installed, a minimum 36 inch ADA accessible entryway to the parklet must be maintained. Platforms shall not exceed a 2% cross slope. Deck installation shall not damage the sidewalk, street, curb, street trees or any aspect of the public right-of-way. Due to the temporary nature of the parklet, any proposed decking shall not be allowed to be bolted into the asphalt and must include semi-permanent materials installed in a way that does not require reconfiguring the roadway or pouring concrete.

(IX)

Edging. All proposed edging shall be visually permeable. Due to the temporary nature of the parklets, all edging or railing shall not be bolted to the asphalt. The temporary railing shall be durable enough to stand on its own and should have a sturdy base.

(X)

Visual design. Parklet designs must maintain a visual connection to the street and not obstruct sight lines to existing businesses or roadway signage. While not visible from the sidewalk, the parklet's back is highly visible from across the street. Large blank walls are discouraged. No signage may be painted on the parklet wall.

(XI)

Materials. Materials should be high quality, durable, waterproof, and capable of withstanding heavy use and exposure to the elements. Loose particles such as sand or loose stone are not permitted within the parklet area. All furniture must be designed for outdoor use. Sofas as parklet furniture is prohibited. All materials and seating or table constructions and configurations are subject to inspection and require a permit at the discretion of City staff.

(XII)

Open air. Parklets may not be enclosed by walls or permanent structures. Parklets must be open to the air, except that a removable, temporary, awning, canopy, or umbrella, may be placed or constructed over the parklet. In order to provide sufficient pedestrian clearance, awnings, canopies and umbrellas shall have 7 feet of free and clear space from the road surface to the lower edge of the umbrella, awning or canopy. Fixed permanent roofing is not allowed.

(3)

Revocation of parklet permit. A permit may be revoked by the city upon a finding that the establishment has violated any terms of the permit; that the parklet causes a health/safety risk; that a city ordinance or state or federal law has been violated; the establishment or the parklet is not being adequately maintained; that the city has initiated an infrastructure improvement project in the parking space or public right-of-way; or upon a majority vote of the City Council.

(Ord. No. 5185, 10-7-08; Ord. No. 5979, §2, 5-16-17; Ord. No. 6332, §1, 7-14-20; Ord. No. 6456, §1(Exh. A), 7-6-21)