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Each applicant for a Sidewalk Sign permit shall furnish proof of insurance evidencing commercial general liability insurance with limits of not less than $500,000.00 per occurrence, $1,000,000.00 in the aggregate combined single limit, for bodily injury, personal injury and property damage liability. The insurance shall provide for 30 days' prior written notice to be given to the City of Chicago if coverage is substantially changed, canceled, or non-renewed.
The City of Chicago shall be named as an additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the use of a Sidewalk Sign. Apart from and separate from any insurance requirement under this section, the permittee shall indemnify, defend and hold harmless the City from any and all losses, damages, claims, and suits that result directly or indirectly from the presence of the Sidewalk Sign on the public way.
Each Sidewalk Sign permittee shall maintain the insurance coverage required under this section for the duration of the Sidewalk Sign permit. Proof of insurance shall be presented to the Commissioner prior to the issuance of a permit under this article. Failure of the permittee to maintain the insurance required by this section shall result in the revocation of the Sidewalk Sign permit.
(Added Coun. J. 6-25-21, p. 31925, Art. VIII, § 3)
(a) The Commissioner shall review a submitted application and, if the Commissioner determines that the application is complete, shall provide written notification and a copy of the application to the alderman in whose ward the applicant intends to place a Sidewalk Sign. The alderman shall provide a recommendation to the Commissioner regarding the permit application within 30 days after receiving the permit application, unless the Commissioner determines that good cause exists for a reasonable extension, not to exceed 30 days. The recommendation regarding the permit application shall be based on the alderman's analysis of the factors for denial or revocation, as set forth in subsection (b) of this section. The alderman shall not unreasonably withhold such recommendation. The Chicago Department of Transportation shall review, and the Mayor's Office for People with Disabilities may review, the Applicant's proposed location for the Sidewalk Sign to determine whether the location meets placement requirements.
(b) A Sidewalk Sign permit shall be denied or revoked if:
(i) the proposed Sidewalk Sign cannot meet the operational conditions set forth in Section 10-28-395;
(ii) the granting of the Sidewalk Sign permit is not in the best interest of the public, would have a deleterious impact on the neighborhood, or would create a nuisance either on the public way or the surrounding area;
(iii) the design of, or materials used in, the Sidewalk Sign does not comport with the quality or character of the existing streetscape; or
(iv) the applicant makes any false statements, submits any false information, or misrepresents any information required by this article.
(c) If the Commissioner finds that a renewal application meets the requirements of this article and any rules promulgated hereunder, and the applicant has not received two or more notices of violation concerning a Sidewalk Sign that were finally adjudicated and sustained during the term of the current Sidewalk Sign permit, the Commissioner shall approve the renewal application and issue a Sidewalk Sign permit to the applicant.
(d) After due consideration of any recommendation timely received from the alderman in whose ward the applicant intends to place a Sidewalk Sign, and of any reviews received from the Chicago Department of Transportation and the Mayor's Office for People with Disabilities, the Commissioner shall issue the Sidewalk Sign permit if the Commissioner finds the applicant meets the applicable requirements. The Commissioner shall issue the permit m the form of a certificate or decal to be affixed to the Sidewalk Sign.
(Added Coun. J. 6-25-21, p. 31925, Art. VIII, § 3)
(a) If the Commissioner finds that the applicant failed to meet the requirements of this article or any rules promulgated thereunder, the Commissioner shall deny the application or renewal application.
(b) If the Commissioner finds that an applicant who submitted a renewal application was issued two or more notices of violation of this article that have been finally adjudicated and sustained during the term of the current Sidewalk Sign permit, the Commissioner may: (i) deny that renewal application; or (ii) conditionally approve the renewal application subject to a written plan of operation or other set of conditions that the Commissioner determines is necessary to ensure compliance with this article.
(c) If the Commissioner denies an application or renewal application, the Commissioner shall notify the applicant in writing of the denial and the reasons therefor within ten business days after the denial by sending notice to the applicant, by first class mail addressed to the applicant at the address identified in the application. Within ten days after such notice is mailed, the applicant may make a written request to the Commissioner for a hearing on the disapproved application or renewal application. Within ten days after such written request for a hearing is made, a public hearing shall be authorized before a hearing officer appointed by the Commissioner. Such public hearing shall be commenced within thirty days after such hearing is authorized. Within 14 days after completion of such hearing, the hearing officer shall report his or her findings to the Commissioner. If the Commissioner determines after such hearing that the application or renewal application should be denied, the Commissioner shall, within 60 days after such hearing has been concluded, state the reasons for the Commissioner's determination in a written finding and shall serve a copy of such written finding upon the applicant. The Commissioner's determination shall be final and may be appealed in the manner provided by law.
(Added Coun. J. 6-25-21, p. 31925, Art. VIII, § 3)
(a) Only one Sidewalk Sign shall be allowed per street address. A business that operates at an expanded address shall be allowed only one sign.
(b) A Sidewalk Sign shall be placed on the sidewalk in front of the licensed business, and shall comply in all respects with the approved specifications set out in the application.
(c) A Sidewalk Sign shall not be placed in a street or alley, and shall not be placed on a vehicle or vehicle trailer in a street or alley.
(d) A Sidewalk Sign shall be no larger than six square feet in area per face and no greater than four feet in height.
(e) A Sidewalk Sign shall contain information only for goods and services provided on the premises by the permittee pursuant to the permittee's licensing and may not contain any information or reference for goods or services not provided on the premises by the permittee.
(f) A Sidewalk Sign shall be professionally printed, or handwritten using clean lettering on a dark surface.
(g) A Sidewalk Sign shall not be directly illuminated.
(h) A Sidewalk Sign shall not be displayed when weather creates a potential hazard, including during high wind or heavy rain or snow conditions.
(i) A Sidewalk Sign shall not be bolted, chained, tied, or otherwise affixed to the public way or any object thereon.
(j) A Sidewalk Sign shall be displayed only during hours that the permittee's business is open to the public, and shall be removed from the public way when the permittee's business has closed to the public for the day.
(k) An uninterrupted six-foot clear pedestrian path shall remain after placement of a Sidewalk Sign. This path shall be as straight as possible on a block.
(l) A Sidewalk Sign shall be constructed to allow a ten-inch cane detection.
(m) A Sidewalk Sign shall not be allowed within the Central Business District, as such district is defined in Section 9-4-010.
(n) There shall be no less than a two-foot uninterrupted setback from the face of the curb to a Sidewalk Sign.
(o) A Sidewalk Sign shall not be allowed within 30 feet of an intersection, 20 feet of a crosswalk ramp, or 12 feet of a driveway or alley.
(p) A Sidewalk Sign shall be placed at least 6 feet from any bicycle rack.
(q) A Sidewalk Sign shall not be placed in front of a Loading Zone, Standing Zone, Taxi Cab Stand, Bus Stop, Handicapped Parking Zone, or Curb Cut.
(r) A Sidewalk Sign shall not block or cover a parking payment device, fire hydrant, or grate.
(s) A Sidewalk Sign shall not contain any decorations, accessories, or appendages, including but not limited to: balloons, streamers, pennants, flags, banners, lights, audio or video device, or other items.
(t) A Sidewalk Sign shall contain only a static copy and sign faces, and in no event may a Sidewalk Sign display a dynamic image copy or sign face including, but not limited to, characteristics that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the copy or sign face. Dynamic image copy and sign face includes, but is not limited to, any rotating, revolving, moving, blinking, or animated display, and any display that incorporates rotating panels, LED lights manipulated through digital input, "digital ink", or any other method or technology that allows the sign face to present a series of images or displays.
(u) A Sidewalk Sign shall be constructed of sufficiently sturdy material so that it remains upright on its own and may not be weighted down or supported by any other means, including, but not limited to, sandbags, bricks, cinder blocks, planks, dead weights, concrete molds, or other similar separate means.
(v) The permittee shall temporarily remove a Sidewalk Sign from the public way upon the order of the Police Department, Fire Department, or other authorized City personnel for public safety reasons.
(w) A certificate or decal issued pursuant to Section 10-28-385(d) shall be affixed to a Sidewalk Sign and made visible and unobstructed at all times.
(x) A Sidewalk Sign shall comply with any other operational conditions reasonably required by this article and any rules promulgated thereunder.
(Added Coun. J. 6-25-21, p. 31925, Art. VIII, § 3)
This article shall not apply to a sign specifically allowed by another provision of this Code, by a duly enacted ordinance, when authorized by contract entered into by the Chief Procurement Officer in cooperation with the Commissioner of Transportation pursuant to Section 10-28-045, or by contract entered into by the Chief Financial Officer and approved by the City Council pursuant to Section 10-28-046.
(Added Coun. J. 6-25-21, p. 31925, Art. VIII, § 3)
The Commissioner is authorized to promulgate rules to carry out the purposes of this article. A permittee shall comply with the rules promulgated pursuant to this article, which shall have the force and effect of law.
(Added Coun. J. 6-25-21, p. 31925, Art. VIII, § 3)
The Department, Chicago Department of Transportation, and the Department of Streets and Sanitation shall have authority to enforce this article and rules promulgated thereunder. Any Sidewalk Sign found to be in violation shall subject the permittee to a fine and/or revocation of the permittee's Sidewalk Sign permit. Any Sidewalk Sign found to be unsafe, to present a hazard, or to impair a clear walkway shall be subject to removal.
(Added Coun. J. 6-25-21, p. 31925, Art. VIII, § 3)
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