ISSUANCE OF TEMPORARY PUBLIC RIGHT-OF-WAY OCCUPANCY PERMITS FOR PATIOS AND PARKLETS

Codified Ordinances of Cleveland pt. FIVE, tit. I, ch. 513

in effect

Codified Ordinances of Cleveland § 513.01 Definitions

§ 513.01 Definitions When used in this chapter, the following words shall have the following meanings: (a) "Community Development Corporation" or "CDC" means a non-profit, community-focused entity whose mission is to support its affiliated City neighborhood with a range of programs, services, and activities. (b) "Director" means the Director of Capital Project or his or her designee. (c) "Outdoor Patio" means a portion of a public sidewalk that is used by a business establishment for its current business operations. (d) "Parklet" means an area within an existing curb lane on a street where parking is permitted that may be used by a business establishment for its current business operations, bicycle parking, or any other purpose deemed appropriate by the Director or by a CDC for food and/or beverage consumption, bicycle parking, or any other purpose deemed appropriate by the Director. (e) "Permit" means a temporary public right-of-way occupancy permit authorized by Section 513.02 of the Codified Ordinances. (f) "Permittee" means the person or entity who owns the outdoor patio and/or parklet, or the CDC who owns the parklet, permitted to occupy an area of the public right-of-way. (g) "Right-of-way" means any sidewalk, street or other area dedicated or otherwise designated for public use and held by the City. (h) "Unobstructed Walk" means a clear, continuous paved surface free of tree grates, elevator grates and all vertical obstructions. (Ord. No. 704-2023. Passed 7-12-23, eff. 7-17-23)

Codified Ordinances of Cleveland § 513.02 Temporary Public Right-of-Way Occupancy Permits for Outdoor Patios and Parklets

§ 513.02 Temporary Public Right-of-Way Occupancy Permits for Outdoor Patios and Parklets Notwithstanding any codified ordinance to the contrary, the Director of Capital Projects is hereby authorized to issue temporary public right-of-way occupancy permits revocable at the will of the Council authorizing the placement of outdoor patios at permitted locations on sidewalks, and parklets at permitted locations on streets in the City, subject to the provisions of this chapter. A separate encroachment permit for such outdoor patios or parklets shall not be required. No owner or operator of a business establishment shall occupy any portion of a public sidewalk or street with an outdoor patio or parklet, respectively, and no CDC shall occupy any portion of a street with a parklet, without first obtaining a permit in accordance with this chapter. Any business owner or operator occupying any portion of a public sidewalk or street, or any CDC occupying any portion of a street, without a permit as required by this chapter shall be subject to the fines and penalties set forth in Sections 513.09 and 513.99 of this chapter. (Ord. No. 704-2023. Passed 7-12-23, eff. 7-17-23)

Codified Ordinances of Cleveland § 513.03 Application for Permits

§ 513.03 Application for Permits Application for a permit shall be made to the Director in a form deemed appropriate by him or her. Such application shall include, but not be limited to, the following information: (a) Name, phone number and address of the applicant; (b) Name and address of the business establishment or CDC, as appropriate, seeking the temporary occupancy permit; (c) A description of the proposed area, with photographs, to be occupied by the outdoor patio or parklet and the hours and days of operation; (d) Detailed plans drawn to scale showing the locations, number and arrangement of tables, chairs, and other structures, the location of the pedestrian diverters planned to demarcate the occupied area, the location of the entrance to the establishment, the locations of fire exits or fire escapes, and the nature and location of any existing sidewalk obstructions. If the application is for a parklet, drawings and any other information that the Director deems necessary for the protective barrier required under division (e) of Section 513.05 of these Codified Ordinances; (e) A description of the tables, chairs, pedestrian diverters, and other structures, including information about the composition; (f) If applicable, a description of the type of food, beverage or merchandise for sale; (g) If applicable, a copy of the applicant's liquor permit, expansion permit, and a complete copy of the expansion permit application submitted to the Division of Liquor Control; (h) If applicable, evidence that all required health licenses, including, but not limited to, the license required by Section 241.21 of the Codified Ordinances, have been obtained or have been applied for; and (i) A signed statement that the permittee shall hold harmless the City of Cleveland, its officers and employees and shall indemnify the City of Cleveland, its officers and employees for any claims or damage to property or injury to persons which may be occasioned by any activity carried on under the terms of the permit. Permittee shall furnish and maintain such public liability, food products liability, if applicable, and property damage insurance as will protect permittee and the City from all claims for damage to property or bodily injury, including death, which may arise from operations under the permit or in connection therewith. Such insurance shall provide coverage in an amount of not less than one million dollars ($1,000,000.00) on account of an accident involving injuries, including death, to one (1) or more persons and property damage insurance in an amount of not less than one million dollars ($1,000,000.00), or a combined single limit of one million dollars ($1,000,000.00) provided however, that this insurance requirement shall not be construed to limit permittee's indemnification obligations to the above-required limits of insurance. Such insurance shall also include the City of Cleveland, its officers and employees, as additional insured. (j) Prior to issuing a permit for a patio or parklet, the applicant shall deposit with the Director a survey bond or equivalent financial instrument in the amount of ten thousand dollars ($10,000.00) to guarantee full and faithful performance of the requirements of this chapter. Such bond shall be satisfactory to the Director of Capital Projects and the Director of Law. The requirements in this division shall not apply to a CDC that is seeking a permit for a public purpose. (Ord. No. 704-2023. Passed 7-12-23, eff. 7-17-23)

Codified Ordinances of Cleveland § 513.04 Permit Fee, Issuance and Duration

§ 513.04 Permit Fee, Issuance and Duration (a) An application for a permit shall be accompanied by the fee established by time to time by the Board of Control for each proposed area for an outdoor patio and/or parklet. (b) On approval of the application by the Director of Public Health, the Director of Public Safety, the Director of Capital Projects, the Director of the City Planning Commission, and, as applicable, the Director of Building and Housing, the Director of Public Works, and the Secretary of the Landmarks Commission, the legislative approval required under division (c) below, and the bond described in division (j) of Section 513.03 above, the Director of Capital Projects shall issue a permit under this chapter. Denial of a permit may be appealed to the Board of Sidewalk Appeals. (c) No permit shall be issued without the prior approval of Council. (d) Permits shall be valid for a twelve (12) month period. Permits may be renewed, on a form provided by the Director, for the following year provided all the requirements of this chapter are met, and no changes have been made from the previous approved application. The non-refundable permit renewal fee shall be established by time to time by the Board of Control. If there are changes to the application, a new application must be made under this application and the appropriate permit fee shall accompany the application. (e) If a permittee sells or leases its business establishment, the new business owner or operator may submit, within sixty (60) days of obtaining or leasing such business establishment and at no cost, an amended application for the location(s) with the information required under Section 513.03, except for divisions (c) and (d) thereof, if no changes will be made to the use or detailed plans for which the permit was previously issued. Otherwise, a new application for the location(s) must be made under Section 513.03 and the appropriate permit fee shall accompany the application. (Ord. No. 704-2023. Passed 7-12-23, eff. 7-17-23)

Codified Ordinances of Cleveland § 513.05 Permitted Locations

§ 513.05 Permitted Locations The Director, consistent with the provisions of this chapter and the zoning code, shall establish rules and regulations as the Director deems proper with respect to permitted locations for the operation of outdoor patios and parklets. The Director shall consider, as appropriate, the operation and location of the outdoor patio and/or parklet, the maintenance of the business establishment requesting a permit, the proximity and location of emergency exits, fire standpipes, fire hydrants, driveways, handicap ramps, handicapped parking zones, commercial loading and unloading zones, the condition of the sidewalk, and other factors he or she deems relevant. The Director may modify the rules and regulations as he or she deems necessary. The issuance of permits and the maintenance of structures, tables, chairs, and other associated equipment shall be subject to the rules and regulations established by the Director, the zoning code and the following conditions and restrictions: (a) Outdoor patios shall not obstruct emergency exits or fire standpipes; (b) Outdoor patios and parklets shall comply with the handicap accessibility requirements established in the Director's rules and regulations; (c) Outdoor patios and parklets shall not be permitted within six (6) feet of any fire hydrant, within five (5) feet of any driveway, within three (3) feet of any sidewalk handicap ramp, within two (2) feet of the curb designated for parking, unless the use is for a parklet, or within an area designated for handicapped parking or commercial loading and unloading or any other area where parking is prohibited. Parklets also shall not be permitted within fifty (50) feet of an intersection; and (d) Outdoor patios shall not be permitted at any location where the clear, continuous, unobstructed sidewalk for the passageway of pedestrians is reduced to less than six (6) feet with the exception of the following areas which shall have clear, continuous unobstructed sidewalk at width of no less than ten (10) feet: (1) Public Square; (2) East 9th Street between Carnegie and the East 9th Street Pier, Lakeside Avenue, St. Clair Avenue and Superior Avenue between Ontario Street and East 13th Street; and (3) Ontario Street between Carnegie Avenue and Lakeside Avenue, East 6th Street between Superior Avenue and Lakeside Avenue. (e) Parklets shall not be used without a protective barrier that meets the plans and specifications approved by the Director. (Ord. No. 704-2023. Passed 7-12-23, eff. 7-17-23)

Codified Ordinances of Cleveland § 513.06 Permits

§ 513.06 Permits Permits for outdoor patios shall be issued in such a manner that they are distinguishable from liquor permits issued by the State of Ohio and shall be posted in a conspicuous location in a window or other readily visible location of the frontage of the applicant's business establishment. The permit shall be protected from the weather as necessary and shall be clearly visible from the public sidewalk, court, alley or street and not obstructed by awnings, landscaping or other impediments. Each permit for an outdoor patio and a parklet shall contain the following information: (a) The name and address of the permittee; (b) A description of the permitted location; (c) A description of any structures, tables, chairs and other associated equipment; (d) A statement indicating whether the permittee is authorized by the State of Ohio to serve alcohol in the outdoor patio and/or parklet; (e) The expiration date of the permit; and (f) Any other information the Director deems desirable. (Ord. No. 704-2023. Passed 7-12-23, eff. 7-17-23)

Codified Ordinances of Cleveland § 513.07 Requirements and Conditions of Permit

§ 513.07 Requirements and Conditions of Permit (a) Permittees and their agents shall comply with all of the requirements of this chapter and any applicable state law, while engaged in business at permitted locations. (b) The outdoor patio and/or parklet shall be placed only on the location set forth in the permit. (c) An outdoor patio or a parklet located in the Central Business District shall not operate earlier than 6:00 a.m. nor later than 12:00 midnight. An outdoor patio or a parklet located in any district other than the Central Business District shall not operate earlier than 6:00 a.m. nor later than 11:00 p.m. (d) Permittees and their agents shall obey any order of a police officer or other emergency personnel to remove their structures, tables, chairs and other associated equipment from the public right-of-way if necessary to avoid congestion or obstruction in an emergency. (e) Permittees shall maintain all required health licenses, including, but not limited to, the license required by Section 241.22 of the Codified Ordinances. (f) Permittees and their agents shall be responsible for maintaining all outdoor patio and parklet structures and associated equipment in good repair, free of corrosion and in a safe, sound and nonhazardous condition. Permittees and their agents shall remedy any maintenance violations within the time frame stated in a written notice by the Director. (g) Permittees and their agents shall be responsible for keeping the general area around the permitted location free of litter and shall provide a suitable container for the placement of paper, wrappers, and other similar items used by customers and others within the permitted area. Permittees and their agents shall maintain at least six (6) feet of unobstructed walk as required by the Director of Capital Projects, which shall be free of snow at all times, as required by Section 507.13. (h) Permittees shall not cook food in the outdoor patio or parklet. (i) Except for outdoor patios located on a sidewalk that is adjacent to a permittee's business establishment, permittees shall install, after obtaining a permit from the City and at their expense, a sign in each permitted location which conforms with the City's design format and states the hours of operations, whether it is for public or customer use, and the permittee's business name. Such sign shall not include any other commercial messages, slogans, telephone numbers, or other forms of advertising. Permittees shall not place any other signs in the permitted location, except under a permit issued by the City of Cleveland. (j) A business establishment that has been issued a permit for a parklet shall provide prior written notice to its respective CDC that the permittee will be installing, or will cause to be installed, a parklet at the permitted location. (k) Permittees shall include the additional seating in outdoor patios and/or parklets in its capacity in determining restroom requirements under state and local law. (l) No permit shall be transferable in any manner. (m) A permit is valid only when used at the location designated in the permit. (Ord. No. 704-2023. Passed 7-12-23, eff. 7-17-23)

Codified Ordinances of Cleveland § 513.08 Permit Suspension and Revocation

§ 513.08 Permit Suspension and Revocation (a) The Director may suspend or revoke the permit of any permittee if the permittee or his or her agent fails to abide by the provisions of these Codified Ordinances or state law, or if any required health license has been suspended or revoked. (b) The Director may revoke the permit of any permittee if the permittee suspends operations permanently in the location designated in the permit. (c) The Director shall give written notice of suspension or revocation of the permit to the permittee or his or her agent stating the reasons therefor. If the reason for the suspension or revocation is that a required health license has been suspended or revoked or that the permittee does not currently have an effective insurance policy as required by division (i) of Section 513.03, the action shall be effective upon giving such notice to the permittee or to his or her agent. Otherwise, such notice shall contain the further provision that the action shall become final and effective ten (10) days thereafter unless, within five (5) days of receipt of notice, the permittee requests a hearing before the Director. The Director shall forthwith hold the requested hearing, at which time the permittee shall be afforded the opportunity to give his or her version of the facts which gave rise to the Director's action. After the hearing the Director shall determine whether to proceed with the action or to rescind it. (d) The action of the Director may be appealed to the Board of Sidewalk Appeals. (Ord. No. 704-2023. Passed 7-12-23, eff. 7-17-23)

Codified Ordinances of Cleveland § 513.09 Removal of Structures, Tables, Chairs and Other Associated Equipment

§ 513.09 Removal of Structures, Tables, Chairs and Other Associated Equipment (a) Failure to Obtain Required Permit. Any structures, tables, chairs and other associated equipment placed in a public sidewalk, street or other public right-of-way without a permit issued pursuant to this section may be seized and removed. Prior to such seizure and removal, the property owner or operator of the business establishment fronting on the public right-of-way from which the structure, tables, chairs and other associated equipment are to be removed shall be notified and given two (2) days in which to remedy the violation. If the property owner or operator of the business establishment fails to remedy the violation, the City may seize and remove the structures, tables, chairs and other associated equipment. (b) Immediate and Serious Danger to Person or Property. Notwithstanding any other provisions of this chapter, the City may seize any structures, tables, chairs and other associated equipment, whether placed with or without a permit, without prior notice if the structures, tables, chairs and other associated equipment are placed in the public right-of-way in such a place or manner as to pose an immediate and serious danger to persons or property or if the condition of the structures, tables, chairs, and associated equipment renders them unsafe, unsound or hazardous so as to pose an immediate and serious danger to persons or property. After seizure, the City shall promptly notify the owner or operator of the business establishment and such individual shall have the right to request an informal hearing before the Director within ten (10) days after such notification to determine whether the seizure was proper. (c) Emergency Situations. Notwithstanding any other provision of this chapter, the City may seize and remove any structures, tables, chairs and other associated equipment, whether placed with or without a permit, without prior notice in the case of an emergency. The City shall promptly notify the owner or operator of the business establishment or CDC, as appropriate, of such removal. (d) Temporary Removal for Utility Work. If a public or private entity needs to make repairs to any utilities located in, over, or across, or through the permitted location for a parklet, the permittee shall remove, or cause to be removed, any structures, tables, chairs and other associated equipment within the later of thirty (30) days or the time frame stated in the written notification to the permittee by such public or private entity. If the permittee fails to remove any structures, tables, chairs, and other associate equipment, the City may remove and seize, or cause to be removed and seized, the structures, tables, chairs, and other associated equipment. Upon completion of any such utility repairs, the permittee may reinstall such items. (e) Restoration; Failure to Restore. Upon the termination or revocation of a permit, the permittee shall immediately remove any structures, tables, chairs and other associated equipment in the public right-of-way and shall restore the public right-of-way to a similar or like condition which existed at the time permittee began to use the location designated in the permit or to the standards and specifications required by the Director. Notwithstanding the above, such removal and restoration shall not be required when the permittee sells or leases its business establishment to a third party who files, within sixty (60) days of obtaining or leasing such business, an amended or new application, as appropriate, pursuant to division (e) of Section 513.04 of these Codified Ordinance. (f) As a condition of recovering any structures, tables, chairs and other associated equipment properly seized pursuant to this section, except for division (c), the owner of such structure, tables, chairs and other associated equipment shall pay an impound fee covering the actual cost to the City of transporting and storing such structure, tables, chairs and other associated equipment. (Ord. No. 704-2023. Passed 7-12-23, eff. 7-17-23)

Codified Ordinances of Cleveland § 513.10 Taxes

§ 513.10 Taxes The permittee shall be responsible for all charges and all federal, state or local taxes, including property taxes, which may now or hereafter be imposed or levied upon the outdoor patio and/or parklet and the services provided in connection therewith. (Ord. No. 704-2023. Passed 7-12-23, eff. 7-17-23)

Codified Ordinances of Cleveland § 513.11 Regulations

§ 513.11 Regulations The Director may promulgate such regulations, not inconsistent with the provisions of this chapter, establishing procedures for the issuance, requiring uniformity and landscaping provisions, and any additional requirements and conditions of permits. The Director shall submit to the Council for its approval, any change or addition to the regulations referred to in this section. (Ord. No. 704-2023. Passed 7-12-23, eff. 7-17-23)

Codified Ordinances of Cleveland § 513.99 Penalty

§ 513.99 Penalty (a) Whoever violates any provision of this chapter shall be guilty of a misdemeanor of the third degree. Each day during which noncompliance or a violation continues shall constitute a separate offense. (b) The Administration Manager for the Office of Capital Projects, or his or her designee, is authorized to assess a civil penalty of one hundred dollars ($100.00) for each day during which noncompliance or a violation continues. A civil penalty imposed under this division may be appealed to the Board of Right-of-Way Appeals. Notice of appeal shall be in writing and shall be filed with the Board within ten (10) business days from the date of the notice of the civil penalty. (c) The authority to assess civil penalties under division (b) of this section does not limit or affect any criminal offense, or the authority of the Director to suspend or revoke a license under Section 513.08, or any other means of enforcement of this chapter provided for in these Codified Ordinances. (Ord. No. 1141-2023. Passed 2-3-25, eff. 2-4-25)

Source: City of Cleveland, Ohio, Codified Ordinances and City Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/cleveland/latest/cleveland_oh/0-0-0-26784Fetched: 11/1/2026