(A) The limited use of city right-of-way will be permitted with prior recommendation of the City Manager or his designee with approval by the Board of City Commissioners in the event that the party requesting such use does so with the understanding that the general public shall have equal access to the use and the property owner shall indemnify and hold harmless the city from any claim or cause of action arising from such use. Additionally, this permissive use shall not be permanent in nature or duration and may be terminated at the will of the city. The use shall not in any event be permitted to the detriment of the general public.
(B) The limited permissive use shall not entail any consideration by the Planning Department of such proposed parking spaces in regard to the required number of spaces required for the construction of any particular building within a specific zone under the city's Zoning Ordinance.
(C) The adoption of this section acknowledges that there are at the present time various property owners utilizing the city's right- of-way for just such use. So long as those property owners comply with the provisions of this section the use will be permitted to continue. Those users, however, shall be held to the same provisions of this section, that is: temporary use, that the use not be detrimental to the general public, that the user shall indemnify and hold harmless the city from any claim or cause of action arising from such use, and their use shall be terminable at will by the city.
('83 Code, § 72.13) (Ord. 64-1985, passed 6-4-85) Penalty, see § 72.999