When used in this article, unless the context otherwise requires,
the following term shall have the following meaning:
PARKLETS
Shall mean private seating platforms paid for by the applicant
that convert curbside parking spaces into vibrant community spaces.
Also known as "street seats" or "curbside seating," parklets are the
product of a partnership between the City and local businesses. Parklets
should encourage pedestrian activity and neighborhood interaction,
and create a benefit for local businesses. Parklets prioritize people
over automobiles facilitating the City's vision of a "walkable city,"
and providing outdoor dining facilities without the need to permanently
remove curbside parking.
Notwithstanding any other provisions of the Code of the City
of Haverhill, food, dining, or other commercial establishments located
on a public way within the Central Business District (CBD), as defined
by this Code, or within 150 feet of the border of said CBD, that do
not have a bump out constructed by the City, shall be allowed, subject
to the provisions below, a permit for a seasonal parklet to be placed
in front of their establishment and/or real property.
No trash, garbage or refuse disposal shall be permitted to be
maintained on the parklet at any time. The parklet and all items placed
thereon shall at all times be maintained in a clean and orderly condition.
The applicant shall be responsible to maintain the parklet as to safety
and cleanliness throughout the outdoor dining season.
Parklets may be allowed to be placed or erected from April 1
through October 15 of a calendar year. Parklets can be used for food
service or other allowable commercial purposes only during hours of
operation provided for by current state law, municipal ordinances
and/or licensing provisions. The License Commission may further restrict
the hours of operation of any permitted parklet.
No permitted parklet structure may interfere with the general
walkability of the sidewalk. Adequate room for passage by pedestrians
on the sidewalk shall be provided at all times.
Applicants, pursuant to this section, must notify adjacent property
owners and other retail businesses within 100 feet of the proposed
parklet of the application for a parklet permit at the time of application.
If the applicant is a tenant, written approval of the property owner
is required.
Once the parklet is constructed by the applicant, the installation
and removal of parklets must be supervised by the Department of Public
Works. Any damage caused to the street, curbing or adjacent sidewalk
shall become the responsibility of the parklet permit holder. The
City may provide a storage location for the parklet during fall/winter
months, and, depending on the parklet construction method utilized,
the Public Works Department may also assist in the disassembling and
transport of the parklet for storage during nonuse periods.
Parklets shall not be allowed in front of fire department connections
and fire hydrants, or over manhole covers, public utilities, or catch
basins. Curb and roadside drainage shall not be impeded by the parklet.
Additionally, parklets shall not inhibit the access to valves, manholes,
or surface features that require access for inspections, operations,
or service.
The provisions of this article shall be severable, and if any
section, part, or portion hereof shall be held invalid for any purpose
by any court of competent jurisdiction, the decision of such court
shall not affect or impair any of the remaining provisions.