(A) No benches, dining or café tables, umbrellas and chairs shall be permitted on town sidewalks within the Central Business District, without first obtaining a permit therefore from the Town Zoning Administrator.
(B) In the event the Zoning Administrator denies the permit, an administrative review is provided in accordance with the same procedures set forth in § 154.045(B) above.
(C) The following criteria shall be utilized by the Zoning Administrator:
(1) Whether the benches, dining or café tables, umbrellas and chairs would block pedestrian traffic;
(2) Whether the benches, dining or café tables, umbrellas and chairs would block the view of any adjoining business or property owner on the same side of the street and their advertising and signs from both pedestrian and vehicular traffic; and
(3) Whether the benches, dining or café tables, umbrellas and chairs would block access to any adjoining business or property owner on the same side of the street.
(D) A sketch showing the color scheme, the number of chairs and tables or benches, and dimensional requirements both of the chairs, tables, umbrellas and benches and it s location on the dimension measure for the sidewalk must also be presented to the Zoning Administrator. A mere inquiry in the procedures made to the Zoning Administrator or any town employee shall not be construed as making a formal request for the issuance of a permit.
(E) (1) Any permit granted by the Zoning Administrator, or by the Board of Adjustment or by the Superior Court may subsequently be revoked if any of these criteria should subsequently change.
(2) The owner may apply for any additional chairs, tables, umbrellas and/or benches and must reapply for an additional permit pursuant to these same procedures.
(Ord., Art. XI, § 1119, passed - -)