As long as there is adequate space in front of a business, many ground floor tenants are able to install a patio or display merchandise on the sidewalk in accordance with Section 1149.13 of the Zoning Code. 

A Revocable Sidewalk Use Permit is needed for a temporary display and/or occupation on any public sidewalk every year. This applies to outdoor dining patios; seating areas; decorative items such as planters, flags, bistro-style lights; or displaying merchandise temporarily on the public sidewalk. If you do not have a valid permit, unfortunately, this is in violation of City of Delaware regulations and subject to enforcement procedures and penalties. You can apply for a sidewalk permit using the permit portal linked on the left.

Please note that not all ground-floor tenants will be able to install patios or display merchandise on the sidewalk - some areas of the sidewalk are too narrow or encumbered with necessary signage to allow for a sidewalk encroachment and still provide a pedestrian walkway of at least five-feet.

If you are interested in installing a seating area, displaying merchandise, or changing the layout of your existing site, please fill out the below form to request an on-site measurement from Staff - they will mark the maximum extent of your layout on the sidewalk.

Items required to apply for a sidewalk use permit:

• Your current Certificate of Liability Insurance (see details below)
  • Liability Insurance Certificate on standard ACORD form, listing as Additional Insured, the City of Delaware, Attn: Planning Department, 1 South Sandusky Street, Delaware, OH 43015.  INSURANCE REQUIREMENTS – If on public property, the permit holder shall as an attachment to this application be required to provide proof of Commercial General Liability insurance to serve, pay for and maintain until expiration of this permit public liability  and property damage insurance as shall protect the permit holder and the City from claims for bodily injury, personal injury and property damage, naming the City as additional insured and providing limits of not less than $1,000,000 per occurrence and in the aggregate; If liquor is to be served on the premises, evidence of Liquor Liability with limits of not less than $1,000,000 per occurrence and in the aggregate and naming the City as additional insured and; Evidence of Workers Compensation insurance as required by Ohio Law.
• A site plan/sketch including your outdoor dining/seating area, decorative items (including planters), or merchandise displays to be placed on the public sidewalk in front of your business (waived if layout will be the same as previous year).
• Payment for $25 (waived if layout will be the same as previous year).