(a) (1) No fee shall be charged for a public way use that is on or above the public way for the following: (i) In the case of a residential building, as that term is defined in Section 17-17-02146, constructed in or before 1922, a public way use that is part of the original construction and is a permanent structure of the building; provided that in the case of a mixed used building, any public way use that solely is for the use or benefit of any commercial or business activity in the building shall pay the fees as provided for in subsection (b); (ii) in the case of a landmark building, any part of the building which is on or over the public way, including a clock or light fixture if the clock or light fixture is part of the landmark designation.
For purposes of this section, a landmark building shall also include any building, other than a non- contributing building in a landmark district.
(2) For any public way use which is below grade level or under the public way or other public place for any building specified in subsection (a)(1) of this section, the fee shall be as set forth in subsection (b).
(b) For all other public way uses not specified in subsection (a), the fees shall be as follows:
Type of Public Use | Annual Fee | |
Type of Public Use | Annual Fee | |
(1) | balcony, bay window, bollard, permanent smoking management receptacle, door swing, light pole, flag pole, banner | $75.00 each |
(2) | sign | $300.00/sign 25 square feet or greater $100.00/sign less than 25 square feet |
(3) | awning, marquee, canopy with or without an on-premise sign | $50.00 for first 25 feet + $1.00/additional foot |
(4) | light fixture | $75.00 for the first fixture plus $5.00 for each additional fixture |
(5) | windscreen, clock, fire escape, manhole | $400.00 each |
(6) | barber pole | $10.00 |
(7) | security camera, bicycle rack, landscaping and its associated structures, portable smoking management receptacle, bench, trash container | No fee |
(8) | all other uses will be charged per square foot based on a formula that reflects the value of the land within the surrounding area, as established by the commissioner in rules and regulations; provided that there will be a $400.00 minimum charge for all such uses. | |
(9) | notwithstanding the above, the total fee for a public way use permit for any combination of signs less than 25 square feet, canopies, awnings, or light fixtures at the same location, shall not exceed $175.00 for all such public way uses. | |
For purposes of calculating the fee pursuant to this subsection (b), a sign shall not include a Sidewalk Sign, as that term is defined in Section 10-28-360, or an awning, canopy or marquee that contains an on-premise sign, as that term is defined in Section 17-17-02109.
(c) A $50.00 application fee shall be charged for any application for a public way use permit for which no public way use fee is charged pursuant to this section.
(Added Coun. J. 1-13-10, p. 83228, § 1; Amend Coun. J. 6-25-21, p. 31925, Art. VIII, § 2; Amend Coun. J. 7-21-21, p. 33246, § 2; Amend Coun. J. 10-14-21, p. 37484, § 2; Amend Coun. J. 11-7-22, p. 55595, Art. VI, § 1)