(a) Purpose. The regulations of this section are established to prevent obstructions on public sidewalks in areas characterized by high volumes of pedestrian traffic and the congregation of pedestrians on sidewalks, which obstructions would be caused by the congregation of customers purchasing products sold from a building’s windows, doors or other openings.
(b) Permit Requirement. Within the Flats Oxbow Business Revitalization District, as that district is shown on the building zone maps of the City of Cleveland, no business activity shall be conducted in which retail sales are made thorough a building’s windows, doors or other openings, directly to customers in an outdoor location, if such building opening is located less than ten (10) feet from a public sidewalk, except pursuant to a permit issued by the Director of Public Service.
(c) Permit Issuance Criteria. Such permit shall be issued if the subject sidewalk is greater than ten (10) feet in width, and if the building opening is set back a minimum of twenty (20) feet from the outer edge of the curb. Furthermore, the Director of Public Service shall evaluate pedestrian and vehicular traffic patterns to determine if the use would block, obstruct or restrict the free passage of pedestrians or vehicles in the lawful use of the sidewalks or streets and may consider the proximity and location of existing street furniture, including but not limited to sign posts, lamp posts, parking meters, bus shelters, benches, phone booths and newspaper vending devices; and the presence of bus stops, loading zones and taxi stands.
(d) Permit Issuance. No business activity regulated under division (b) of this section shall operate or be established or conducted on or after November 1, 1995, without a valid permit issued by the Director of Public Service to the owner of the business or the building from which the activity is conducted. Such permit shall be revocable by the Director of Public Service if there is a change in the circumstances upon which issuance of the permit was based, including a change in pedestrian and vehicular traffic patterns, street furniture and bus stops, loading zones or taxi stands that causes free passage to be blocked, obstructed or restricted.
(e) Permit Application. An application for a permit shall be submitted to the Director of Public Service on forms provided by the Director. For any application submitted pursuant to the regulations of this section, the Director shall either approve or disapprove the application within ninety (90) days of receipt of a complete application. Each application shall be accompanied by a site plan, drawn to scale and displaying dimensions, which shows the building wall, any openings and sales area in relation to the sidewalk, curb and street.
(f) Appeals. Any applicant who has been denied a permit pursuant to the regulations of this section may appeal the denial to the Board of Sidewalk Appeals. The Board may approve such application if it determines that no significant obstruction to pedestrian travel will result from the subject activity. In making this determination, the Board shall consider, among other factors, the scale of the retail sales activity, the level of pedestrian traffic on the sidewalk, and the configuration of the sales area in relation to the sidewalk and existing street furniture, bus stops, loading zones and taxi stands.
(g) Permit Fee. Each application shall be accompanied by a fee of one hundred dollars ($100.00), which shall be refunded if the application is not approved.
(Ord. No. 1276-95. Passed 7-19-95, eff. 7-28-95)