(A) Business signs on sidewalks and colonnades are subject to the provisions and restrictions of §§ 154.125 through 154.136. A-frame signs are prohibited in the public right-of-way, and on private property if readily visible from the public right-of-way. Merchandise display within sidewalks and colonnades are prohibited other than for special events. None of the permitted elements may be for the purpose of serving or consuming alcoholic beverages within the public right-of-way.
(B) Permits for sidewalk furniture may only be granted for sidewalks adjoining property classified as Neighborhood Commercial (C-1), Community Commercial (C-2), Regional Commercial (C-3), or Planned Area Development (P.A.D.) for commercial retail use, provided, however, bus shelters, bicycle racks, and lockers may be granted in all zones.
(C) Furniture may only be placed on the sidewalk or colonnade adjoining a building owned or occupied by the permittee except for bus shelters, bicycle racks, and lockers.
(D) Any and all elements placed on the sidewalk or within the colonnade shall be maintained in a state of cleanliness and good repair, and shall not cause conditions of trash, litter, debris, noise, glare, dust, or other nuisance. Responsibility for the maintenance shall rest with the owner of the permitted elements, or with the person(s) responsible for the placement if different from the owner.
(E) Permits shall be conditioned to ensure that placement of furniture and the like on the public right-of-way does not interfere with, impede, or inconvenience the use of the sidewalk or public way by the public.
(1) A minimum five-foot unobstructed sidewalk width parallel to storefronts and free from any parking overhang shall be maintained at all times, and in addition, a minimum five-foot wide unobstructed access way shall be maintained to the street and parking area(s), directly aligned with the storefront entry.
(2) A minimum seven-foot vertical clearance shall be maintained for any element such as flags, flower pots, or other ornamentations that project more than 12 inches horizontally, mounted on exterior walls or columns, or hung from canopy ceilings. In addition, all installations and mountings shall provide clearances in conformance with the Americans with Disabilities Act (ADA), and successor amendments. The method of any installation or mounting on any part of the city-owned colonnade may not interfere with the city’s ability to maintain the colonnade.
(3) No placement(s) shall encroach upon any required parking space(s), landscape area, fire lane, handicapped access ramp, or handicapped access route.
(4) All placements shall maintain safe visibility of vehicular traffic and pedestrians, in accordance with standards prescribed by the city’s Street Design Manual and Standard Details.
(5) All placements shall maintain clear visibility and access to all traffic signs, control devices, and other safety installations.
(6) All modification(s) to the exterior color, building material, or other architectural feature shall be consistent with any development plan previously approved by the city.
(Prior Code, § 18-4-2)