(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PERMANENT. Any such land use of a long-term nature or unlimited duration, which requires construction that is not readily removable and which complies with all rules and regulations of the City Planning/Engineering Department.
TEMPORARY. Any such land use of a short-term nature or fixed duration, which does not require permanent construction is readily removable and which complies with all rules and regulations of the City Planning/Engineering Department.
(B) (1) It shall be unlawful for any person, firm, or corporation to exercise a permanent land use of city right-of-way, or to place in or upon any right-of-way, street, alley, sidewalk, or municipal parking lot of the city, any permanent substance or thing obstructing or encroaching upon such right-of-way, street, alley, or sidewalk, or to obstruct the same in any permanent manner whatsoever, without first obtaining permission from the City Planning/Engineering Department to do so. An application for such permit, along with any fee required under this code, shall be delivered to the City Planning/Engineering Department. A City Planning/Engineering Department official will review the application as well as the rules and regulations governing the permanent use of any right-of-way, street, alley, sidewalk, or municipal parking lot and, if it appears to the City Planning/Engineering Department official that the proposed use complies with all rules and regulations, and that the public safety, convenience, and welfare will not be adversely affected, the City Planning/Engineering Department official may issue a permit to the applicant. The permit shall be valid for one calendar year, beginning on January 1 of each year and expiring on December 31 of each year. Any permit issued by the City Planning/Engineering Department official shall be subject to the condition that the permit may be revoked at any time the official finds that public safety, convenience, and welfare would be enhanced by the revocation of such permit. If the City Planning/Engineering Department official grants the application, the applicant shall be given a written permit signed by the City Planning/Engineering Department official. Such permit shall state in writing that it may be revoked at any time the City Planning/Engineering Department official finds that public safety, convenience, and welfare will be enhanced by the revocation of the permit. If the official has imposed conditions on the granting of the permit, such conditions shall be specified in the permit. Any permanent use of the city right-of-way or any permanent obstruction or encroachment upon any street, alley, sidewalk, or municipal parking lot in the city without having obtained a permit as provided in this section or as otherwise provided in this chapter shall be deemed a nuisance.
(2) It shall be unlawful for any person, firm, or corporation to exercise a temporary land use of city right-of-way, or to place in or upon any right-of-way, street, alley, sidewalk, or municipal parking lot of the city any temporary substance or thing obstructing or encroaching upon such right-of-way, street, alley, or sidewalk, or to obstruct the same in any temporary manner whatsoever, without first complying with all applicable rules and regulations of the City Planning/Engineering Department. Any temporary land use of the city right-of-way or any temporary obstruction or encroachment upon any street, alley, sidewalk, or municipal parking lot in the city without having first complied with all applicable rules and regulations of the City Planning/Engineering Department shall be deemed a nuisance.
(Ord. 2124, passed - -2023)