Ord 2015-030/Parklets, sidewalk cafes and other uses of rights-of way

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(b) The city council may grant a special use license for a parklet under Section 74.204(a). (c) All other improvements in or uses of a public right -of -way not specified in this article may approved as specifically provided by other ordinances or by the city council, subject t to applicable laws. (d) A special use license granted under this article is a revocable grant of a privilege and is not a property right, nor conveyance of an interest in real property_ See. 74.201. Exceptions. The following improvements, facilities or uses in a public right -of -way shall not require a special use license: (1) trees and decorative landscaping including landscaping lighting, watering systems, and other appurtenances for the maintenance thereof, the plans for which are part of an approved site preparation permit for a subdivision; (2) utility facilities for which the city has granted a franchise permitting such use of the public right-of-way; or 3) improvements, facilities or uses specifically allowed by or for which an alternate approval process is established by zoning or other ordinances of the city, e.g. projecting signs awnings canopies, marquees or architectural elements of a building within the downtown SmartCode or successor zoning district. Sec. 74.202. Requirements for special use licenses. (a) Uses and improvements not allowed. No license may be granted under this article for: (1) any building or structure requiring a building permit other than a neighborhood gateway feature, supportive or decorative column arch or other structural or decorative feature of a building; (2) any improvement, facility or use, the installation or allowance of which would: a. result in a violation of the Americans with Disabilities Act or any other applicable local, state or federal health or safety law or regulation;