Hapeville City Zoning Code

Supplemental areas shall meet the following requirements:

(1)

The following may not be located in the supplemental area:

a.

Recreational areas and facilities such as swimming pools or tennis courts;

b.

Fences and walls, except up to four feet in height for outdoor dining;

c.

Service elements such as dumpsters, loading docks and similar elements; and

d.

Mechanical features.

(2)

Adjacent to ground floor retail or restaurant uses the supplemental area:

a.

Shall be at the same grade, slope, and cross slope as the adjacent required sidewalk;

b.

Shall be hardscaped for a minimum of 80 percent of its horizontal area with decorative pavers, brick, slate, or stamped or colored concrete, but not asphalt;

c.

Shall be accessible to the general public and may be used for pedestrian amenity elements such as benches, trees, lighting, outdoor dining, merchandise display and potted plants.

d.

Eating places shall be permitted to have an outdoor dining area subject to compliance with the following provisions:

(i)

The outdoor dining area shall not be located in the sidewalk clear area nor shall it obstruct pedestrian movement, fire lanes, access to any business, or areas designated for access by the physically impaired. Outdoor dining within the public right-of-way may not be surrounded by fences or walls and shall utilize movable tables and chairs.

(ii)

The number of seats in the outdoor dining area shall not exceed fifty (50) percent of the number of indoor seats within the eating place.

(iii)

Compliance with applicable state and county health regulations.

(3)

This section shall not be deemed to permit signage or structural alterations such as canopies or walls regulated elsewhere in this chapter.

(4)

Adjacent to ground-floor dwelling units, excluding live-work dwellings, the supplemental area:

a.

Shall be landscaped, except for area used for stoops, porches, wheelchair ramps, or walkways;

b.

Shall be planted with canopy trees, as established in chapter 93, article 29, an average of 30 feet on-center as measured parallel to the front lot line.

c.

Shall be differentiated from the adjacent sidewalk by a continuous wall, fence, hedge, or retaining wall between six and 30 inches in height.

(5)

The supplemental area, when adjacent to ground-floor live-work dwellings or other uses, or when not adjacent to a building, shall be subject to subsections (2) and (4).

(Ord. No. 2008-13, § 1, 11-4-2008; Ord. No. 2015-15, § 17, 8-4-2015; Ord. No. 2020-4, § 8, 1-7-2020)

Note— See editor's note at section 93-11.5-6.