Bill No. 25-16 Sidewalk Cafe's Under the Americans with Disabilities Act

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Ordinance No. -16 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE, CHAPTER 21, ARTICLE 6, SECTION 21- 06.03(f)(12)(A) OF THE SOUTH BEND MUNICIPAL CODE TO ASSURE SIDEWALK ACCESSIBILITY FOR PERSONS WITH DISABILITIES NEAR SIDEWALK CAFES STATEMENT OF PURPOSE AND INTENT Chapter 21, Article 6, Section 21 -06.03 of the South Bend Municipal Code (the Code) is part of the City of South Bend's Zoning Ordinance constituting the Northeast Neighborhood Development Area Overlay Zoning District and it contains subsection (f)(12)(A) involving rules and regulations for sidewalk caf6 permits. In particular, it defines the allowable width to be six (6) feet. The purpose of this ordinance is to ensure that sidewalk cafes, decorative materials and barriers are located so as to assure that sidewalk and pedestrian walkways meet current ADA guidelines prescribed by the United States Access Board. Now, Therefore, Be It Ordained by the Common Council of the City of South Bend, Indiana as follows: Section I. Chapter 21, Article 6, Section 21- 06.03(f)(12)(A) of the South Bend Municipal Code shall be amended to read in its entirety as follows: (a) Outdoor cafes and seating areas shall be so located as to maintain a-minimum u� maximum sidewalk width and clearance for wheelchair accessibility which shall exclude that portion of a sidewalk reserved for cycle tracks of bicycles. Sidewalk clearance of flat less than six fee! (6`)-at least five feet (60 inches ) is required between outdoor cafe seating structures, landscaping or other barriers and the curb or cycle track. The Public Right Way Accessibility Guidelines (PROWAG) shall be followed if more restrictive. Section II. This Ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and any publication required by law. Member of the Common Council Attest: Kareemah Fowler, City Clerk