[Ord. 2021-938, 4-5-2021]
As used in this chapter, the following terms shall have the
meanings indicated:
A building whose principal facade fronts on the sidewalk
where the parklet is or is proposed to be located.
The downtown area of the City of Lincoln, defined by the
boundaries, where there is the desire to permit the use of parking
spaces for the purposes of parklets.
The following streets (both sides of each street are within
the district unless specifically indicated otherwise in this section:
[Amended 5-17-2021 by Ord. No. 2021-943]
Broadway Street from Chicago Street to the alley east of McLean
Street.
Kickapoo Street from Pekin Street to Clinton Street.
McLean Street from Pekin Street to Pulaski Street.
Pulaski Street from Chicago Street to McLean Street.
Sangamon Street from Broadway Street to Clinton Street.
Hamilton Street from Pulaski Street to Broadway Street.
Chicago Street from Broadway Street to Clinton Street.
A temporary curb extension in place of one or more on street
diagonal or parallel parking spaces intended to provide space for
customers to sit and enjoy space where existing narrow sidewalk would
prelude such occupancy. Parklets are intended as sidewalk/street furniture,
providing opportunities for outdoor dining.
Any individual, partnership, corporation, association, or
other entity.
That portion of the facade of a building which fronts on
a public street.
The paved surface provided for the exclusive use of pedestrians
and situated between and extending from any building to the curb of
any street (excluding therefrom any unpaved area).
[Ord. 2021-938, 4-5-2021; amended 4-17-2023 by Ord. No. 2023-1003]
Property owners whose primary business is food and drink (including
liquor), fronting on streets within the Downtown Parking District
will be allowed to construct a parklet along their frontage as long
as they apply for and receive the parklet license as required in this
chapter.
[Ord. 2021-938, 4-5-2021]
No person shall operate a parklet within the Downtown Parking
District without first obtaining a parklet license and satisfying
all of the requirements of this chapter.
[Ord. 2021-938, 4-5-2021]
(A)
Each applicant for a parklet license shall submit and file an application
with the City Clerk, together with three copies of a development plan
(as defined below) and the appropriate fee. The application shall
set forth:
1.
The name, address, and phone number of the applicant;
2.
The name, address, and phone number of the owner of the adjacent
building (if other than the applicant);
3.
The name, address, and phone number of the person who has prepared
the development plan; and
4.
Shall be accompanied by the written authorization and approval of
the owner of the adjacent building (if other than the applicant).
This requirement can be circumvented via Mayor written approval.
[Amended 4-17-2023 by Ord. No. 2023-1003]
5.
The development plan, which is a written plan setting forth the following
information (and such other additional information, if any, as may
be subsequently requested by the Town):
(a)
Description of the adjacent building and a description of all
properties immediately adjacent to such building;
(b)
Description of the proposed design and location of the parklet
and all temporary structures, equipment, and apparatus to be used
in connection with its operation, including tables, chairs, planters,
awnings, lighting, and electrical outlets (if any);
(c)
Statement of the seating capacity of the proposed parklet and
of the existing business actually operated by the applicant in the
adjacent building;
(d)
Diagram demonstrating that pedestrian traffic along the sidewalk
upon which the parklet is proposed to be located will in no way be
impeded; and
(e)
Description of the proposed location of the parklet showing
the actual dimensions of the area to be utilized and the building,
street, and sidewalk upon which it fronts and on which it is to be
located.
6.
Required insurance policy and waiver of liability.
7.
Indemnification agreement.
8.
Maintenance agreement.
9.
License fee.
[Ord. 2021-938, 4-5-2021]
The development plan shall be referred to the Building and Safety
Officer, or other appropriate official designated by the Building
and Safety Officer to review such plans, who shall thereupon approve,
disapprove or modify of the plan within 10 business days following
its submission. The City Clerk may also refer the development plan
to the Chiefs of the Police and Fire Departments for their review
and recommendation.
[Ord. 2021-938, 4-5-2021]
No parklet license shall be issued unless the licensee shall
have first filed with the City Clerk a copy of an insurance policy,
issued by a company duly authorized to transact business under the
laws of the State of Illinois, providing for the payment of not less
than $1,000,000, combined single limit, to satisfy all claims for
damage by reason of bodily injuries to or the death of any person
as a direct or indirect result of the operation of the parklet or
for injury to any person occurring on the premises occupied by such
business, and further providing for the payment of not less than $10,000
to satisfy all claims for property damage occurring as a direct or
indirect result of the operation of such business. The insurance policy
shall provide that the insurance company shall notify the City 10
days prior to cancellation or substantial change in coverage.
[Ord. 2021-938, 4-5-2021]
No parklet license shall be issued unless the licensee shall
have first executed and filed with the City Clerk an indemnification
agreement pursuant to which the licensee, in further consideration
of the issuance of the license, shall agree to forever defend, protect,
indemnify and save harmless the City, its officers, agents and employees,
from and against any and all claims, causes of action, injuries, losses,
damages, expenses, fees and costs arising out of or which may arise
out of the licensee's operation of such parklet.
[Ord. 2021-938, 4-5-2021]
No parklet license shall be issued unless the licensee shall
have first executed and filed with the City Clerk a maintenance agreement
pursuant to which the licensee, in further consideration of the issuance
of the license, shall agree, at the option of the City, either to
repair at its sole cost and expense any damage caused to the sidewalk
by the operation of the cafe, or to reimburse the City in full for
all costs and expenses incurred by it in making any such repairs.
The City Clerk may require a bond to be filed by the licensee in an
amount to be fixed by the City.
[Ord. 2021-938, 4-5-2021]
(A)
The annual fee for a parklet license shall be $25 per parklet. A
business may utilize two parking spots. In the event a business pairs
with another for parking spots, no more than four consecutive parking
spots may be utilized.
(B)
A business may rent city picnic tables for a refundable fee of $25
per picnic table per month. At the end of the rental period the money
may be refunded so long as no damage has occurred to the picnic table.
If the picnic table is damaged the portion for repair will be taken
from the rental price. No more than 15 picnic tables can be rented
from the City of Lincoln, and they will be disbursed on a first come
first serve basis.
[Ord. 2021-938, 4-5-2021]
All parklet licenses shall be issued for a one-year period commencing
April 1 and ending November 1. Licenses may be renewed annually by
the filing of an application in accordance with the provisions of
this chapter.
[Ord. 2021-938, 4-5-2021]
A parklet authorized and operating pursuant to this chapter
shall comply with all of the following rules and regulations and such
others as may be adopted by resolution of the City Council:
(A)
Compliance with development plan. The parklet shall be operated and
maintained in accordance with the development plan as finally approved
when the parklet permit is issued.
(B)
Placement of furniture near fire hydrants. No furniture, apparatus,
decoration, or appurtenance used in connection with the operation
of the parklet shall be placed within 10 feet of any fire hydrant,
plug or standpipe without the specific written authorization of the
Chief of the Fire Department.
(C)
Obstruction of ingress and egress. No furniture, apparatus, decoration,
or appurtenance used in connection with the operation of the parklet
shall be located in such a way as to impede the safe and speedy ingress
and egress to or from any building or structure.
(D)
Minimum pedestrian passageway. No furniture, apparatus, decoration,
or appurtenance used in connection with the operation of the parklet
shall protrude into, on or above the required pedestrian passageway.
(E)
Temporary barrier required. The parklet shall be separated from the
required street by a suitable temporary and portable barrier designed
for such or similar use, which shall have been shown on and approved
as part of the development plan. The type of fencing to be utilized
for a temporary barrier shall be clean, rigid, and compliment the
downtown area. Snow fencing is not a permitted fencing type.
[Amended 5-17-2021 by Ord. No. 2021-943]
(F)
Safety barrier required. The parklet shall have a concrete barrier
placed at the end of the parklet of oncoming traffic to prevent personal
injury. This safety barrier may be covered by decorative fixtures
which compliment the design of the parklet and are approved by the
Building and Safety Officer.
(G)
Service to patrons. Service in the parklet shall be provided by persons
engaged or employed for that purpose and shall be furnished to seated
patrons only.
(H)
Litter; maintenance of sidewalks. The parklet area utilized by the
adjacent building shall be kept clean and free of litter. Sidewalks
shall be cleaned daily, and trash receptacles shall be provided as
required and approved by the City.
(I)
Hours and months of operation. Parklets shall be permitted to operate
only within the permitted Downtown Parking District between April
1 and ending November 1 and only from 7:00 a.m. until 11:00 p.m.
(J)
Removal of furniture after closing. Within 30 minutes after the closing
of the parklet, the operator shall have all the furniture, apparatus,
decorations and any other items used in connection with the operation
of the parklet secured from the street, except for decorative planters,
platform and barriers. This includes having all umbrellas collapsed.
(K)
Compliance with State Sanitary Code. The operator shall comply with
all the sanitary requirements of Logan County Health Department.
(L)
Operation limited to operator of primary restaurant. The parklet
shall be actually operated and maintained by the same person who operates
and maintains the related restaurant/business of the adjacent building
which the parklet is a part and an extension.
(M)
Compliance with ordinances. The operator shall comply with all other
ordinances of the City of Lincoln. In the case that any outdoor dining
ordinance provisions conflict with this article for the district herein
regulated under these regulations and requirements shall prevail.
(N)
Number of parklets allowed. The number of parklets permitted in the
Downtown Parking District shall be two parklets per downtown block.
The intent is to provide a fair distribution of accessible spaces
for parking and parklets.
[Ord. 2021-938, 4-5-2021]
(A)
The parklet area upon which an adjacent building use has been authorized
to operate pursuant to this section shall constitute premises duly
licensed for the sale and consumption of alcoholic beverages; provided,
however, that the related restaurant of which the parklet is a part
and an extension is so licensed and provided further that specific
approval has been obtained from the City of Lincoln Liquor Commission
for the extension of the alcoholic beverage consumption license to
the parklet area. Such approval shall be separate from, and must be
obtained in addition to, the license to operate a parklet pursuant
to this section.
(B)
Patrons of a parklet must keep alcoholic beverages in the parklet.
Consumption of alcoholic beverages is not permitted on public sidewalks
unless approved by the City of Lincoln Liquor Commission.
[Ord. 2021-938, 4-5-2021]
Upon a determination by an officer or employee of the City charged
with the responsibility for enforcing the provisions of this chapter
that a parklet licensee has violated one or more of such provisions,
such officer or employee shall give written notice to the licensee
to correct the violation within 24 hours of the receipt of such notice
by the licensee. Such notice shall also be filed with the Mayor and
City Clerk. In the event that the licensee fails or refuses to correct
such violation within such period, the City Clerk shall revoke the
parklet license. Upon the revocation of such license, the licensee,
upon written request, shall be entitled to a hearing before the City
Council within 14 days of the date of its request. Such hearing shall
be conducted according to such rules as are determined by the City
Council.
