Institutional portal - Municipality of Milan

The text, which must be approved by the City Council, regulates the process and methods for installing light dehors and tables in 2021 
 
Milan, 4 December 2020 - Continue to support commercial activities in a time of difficulty, while making neighborhoods more lively and welcoming, while respecting the environment and urban decor. With this objective, the Council today approved a resolution, which will have to be examined by the City Council, relating to the new regulation on Temporary Light Occupations of Public Land. Through a series of provisions, the new legislation systematizes the simplification of the authorization process activated in recent months for the installation of tables and light dehors on public land, ensuring coexistence between residential functions and commercial activities. 
 
The Regulation is made up of 16 articles. Here are the main indications: 
 
Structures and furnishings and areas of application   
The Regulation concerns the installation of readily removable light structures such as tables, chairs, umbrellas, tents, planters, platforms, loose-laying flooring, lighting and heating systems, cabinets and trolleys, which must be removed or kept during the closing hours of the business. in order. All furnishings must be quickly dismantled if necessary. The list of usable furnishings will be reported in a specific catalog including the technical, functional and aesthetic characteristics of the furnishings and technological systems that can be used, as well as their different and possible locations with respect to the various occupation areas (green areas, sidewalks and pedestrian areas , roadway in the rest area). 
  
The occupations can be carried out on pavements, pedestrian areas, green areas, roadways, primarily in front of the dealer's premises, and must always guarantee at least 2 meters for pedestrian transit, at least 1,5 if the occupation is on the roadway, at least 3 meters from street furniture elements (e.g. benches) to protect their public function. The regular transit of safety and rescue vehicles must always be guaranteed. The occupation must not interfere with pedestrian crossings, nor obscure road signs or the sighting of traffic lights. The Municipality can identify urban areas in which the installation of structures is not permitted - for example due to the presence of monumental or environmental constraints and the need to guarantee public safety, or is permitted in a limited manner, to protect urban areas already characterized by congestions.   
  
Occupations on sidewalks and pedestrian areas   
The Regulation regulates and distinguishes the distances to be respected to guarantee coexistence between occupations and neighboring activities, for example with bus stops or entrances to homes. For sidewalks wider than 4 metres, the portion of occupied ground is limited to 50% of the width, however maintaining the minimum dimension of 2 meters of free passage for pedestrians. The positioning of structures with platforms on pavements and pedestrian areas is prohibited so as not to hinder the regular and safe pedestrian flow. In the pedestrian areas, the continuous delimitation of spaces by placing cords or other furnishing elements is not permitted, unless agreed with the Administration for functions of mitigating climatic conditions in the winter season. In the case of occupations larger than 15 meters wide, the area must be interrupted to allow a pedestrian passage of at least 2 metres. In the presence of multiple occupations side by side, they must guarantee alignment and a passage between them of at least 2 meters to ensure the accessibility and safety of the area. 
  
Occupations on track 
Occupations can also be granted on portions of roadway land to replace parking as long as they are compatible with road safety parameters on roads classified as 'local' by current legislation. To reconcile the satisfaction of the demand for residential parking with the needs of supporting commercial activities, spaces exceeding 10 linear meters in total will generally not be granted, unless specific assessments are made. The Administration will be able to evaluate and approve requests relating to the pedestrianization of streets and squares even only for specific times and to widen the pavement with the movement of the parking area. Occupations on the roadway may include a raised platform at pavement level delimited by perimeter protection or alternatively, in the case of roads with a speed limit of up to 30 km/h, other replacement elements, suitable for protecting the occupied area. 
  
Occupations of green areas 
The concessions can also concern green areas. If the occupations are on lawns and turf, they may only involve the use of platforms or support surfaces of a permeable nature sufficiently raised above the ground. The location of the occupations must guarantee compliance with a minimum distance of 2 meters around existing trees or shrubs. All pruning or felling of existing trees, cutting and compression of emerging roots, containment interventions of existing shrubs, anchoring to the ground through excavations and the use of pegs are absolutely prohibited.   
The concessionaires remain responsible for taking care of the occupied lawn and maintaining the perfect integrity of the trees located near the area. In the event of irreversible damage due to the occupation granted, the concessionaire, in addition to paying the economic damage, will be required to replace the damaged tree element with a new specimen of the same genus and species.   
  
Involvement of the Municipality and the DUC   
With a view to optimizing the effectiveness of the concession process, the established Municipalities and Urban Commercial Districts are called upon to play a role of facilitation and profitable mediation of public and private interests. In particular, the Municipalities will be consulted to evaluate the impact of the released occupations with respect to possible disturbances of public peace, the clear non-respect of the spaces granted or damage to greenery. 
The Urban Commercial Districts (DUC) will be able to submit to the municipal administration any project ideas on light public land occupations, which present effective solutions regarding the aesthetic harmonization of light land occupations in the same DUC, to protect the overall urban decor. The operators, through a single request, will also be able to present to the Administration projects shared by a plurality of operators. 
 
Protection of the environment, urban decorum and public peace 
In order to protect the environment and public safety, as well as urban decorum, the public space granted under concession must be kept in perfect hygienic-sanitary conditions and in safe and decorous conditions. Sound broadcasting is prohibited and the full application of the provisions regarding the containment of noise pollution and the related noise emission limits remains intact.   
  
Commercial opening hours 
The Regulation allows the Administration, through specific ordinances, to define different opening and closing times - also regulating differently between the activity conducted inside the venue and that on the terrace - of individual businesses or certain streets, neighborhoods, areas and areas most affected by population density, public order problems or related to noise and environmental pollution. Also in order to avoid problems of safety and public order connected to the consumption of alcoholic beverages and the abandonment of bottles, with consequences also in terms of protection of the environment and urban decorum, a ban on their sale may be introduced in specific time slots takeaway, including through vending machines, of drinks in glass or tin containers, without prejudice to home delivery.   
 
Sanctioning regime   
In case of violation of the ban on gatherings, including through the occupation of spaces exceeding the concession, or in case of violation of the legislative provisions regarding the prevention of the spread of Covid-19, the police may order the temporary closure of the business or exercise for up to five days. A sanctioning regime is also envisaged in the event that public peace is disturbed or the established employment parameters are not respected. Upon the first assessment of violation with the issuing of a report, the granted public land concession will be suspended for up to 3 days, upon the second assessment the suspension will be ordered for 5 days, while upon the third assessment the authorization will be immediately terminated. 

Authorization process   
The Administration will apply a simplified authorization system for the presentation and investigation of employment requests, which can be presented on the dedicated IT platform with the duly drawn up plan attached. Occupations will be granted within 15 days, except for those involving changes to road regulations, for which feedback is expected within 30 days. 
Business owners already in possession of a previous concession for temporary occupations can continue with the occupation until the 364th day following the day on which the initial provision was issued. If they are interested in continuing afterwards, they will have to proceed with the presentation of a new request for land occupation, according to the new regulations, at least 3 months before the expiry of the concession. As regards the determination of the concession fee, reference will be made to specific legislative or regulatory provisions on the matter. 
The measure has an experimental validity of one year, throughout 2021.