(A) Applicability and purpose. These rules and regulations shall apply to all city-owned lands and public rights-of-way, sidewalks, streets, alleys, and parking lots (“lands or right-of-way”) located within the city and shall operate to allow certain uses of the lands and public rights-of-way of the city but only when located within commercial zoning districts of the city.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
SANDWICH BOARD SIGN. Any portable sandwich board, hinged sign, or other stand-alone sign intended for use upon any public sidewalks, alleys, streets, or lands other right-of-way in the city.
SIDEWALK. Any public sidewalk, right-of-way, or land located within or directly abutting a city street, but shall not include any portion of a street, alley, or public parking lot used for vehicular traffic and/or parking.
STORE FRONT. A single tract of commercial property fronting upon a sidewalk. In the case of a corner property which contains more than one business establishment, one private usage will be allowed for each business.
(C) Sidewalk displays.
(1) The following types of sidewalk displays shall be allowed:
(a) Park benches usable by the public of a historic style or such style as is compatible with the identity and theme of the area in which it is located; and
(b) Decorative plants and planters. Decorative plants and planters may not be used for advertising.
(2) Sidewalk displays shall comply with the following conditions.
(a) The area of private display usage must be on the sidewalk immediately adjacent to the store front and shall not block or impede access to or from doors, emergency exits, or fire escapes.
(b) Displays must allow a clear sidewalk width not less than five feet for pedestrians between the sidewalk display and any other impediment near the curb side of the sidewalk.
(c) Displays, whether in one or more parts, shall be limited to a total length of not greater than ten feet and a total square footage of not greater than 30 square feet, for any single store front.
(d) No part of any display may exceed a total height of 48 inches.
(D) Sidewalk sandwich board sign.
(1) The following types of sidewalk sandwich board signs may be allowed within the city.
(a) Sandwich board signs may be used, subject to design review and approval by the Department of the city.
(b) No walking sandwich board signs are allowed.
(2) Sandwich board signs shall comply with the following conditions.
(a) Sandwich board signs may be displayed only during the open hours of the business to which the sign advertises.
(b) The sandwich board sign must be located within the three foot width of sidewalk immediately adjacent to the store front of which the sign advertises and must allow a clear sidewalk width of not less than five feet for pedestrians between the sandwich board sign and any other impediment near the curb side of the sidewalk.
(c) Sandwich board signs shall be limited to a maximum height of 48 inches and a maximum width of 36 inches in order to maintain visibility for pedestrians.
(d) Only one sandwich board sign is allowable per store front.
(E) Sidewalk cafes.
(1) The following types of sidewalk cafes may be allowed.
(a) All sidewalk cafes shall function in conjunction with and adjacent to an operating restaurant or coffee shop and shall not exceed the width of the restaurant or coffee shop store front.
(b) Sidewalk cafes may be bordered with removable bollards with connecting ropes or chains to define the perimeter; however, bollards, ropes, chains, tables, storage units, and any other equipment and furnishings must be removable and stored in a manner that will not impede pedestrians or their movement on the sidewalk, as determined solely by an official of the Department.
(c) All sidewalk cafes shall have and maintain at all times, in full force and effect, all applicable health, food, and drink permits and all licenses required by law.
(2) Sidewalk cafes shall comply with the following conditions.
(a) Sidewalk cafes may occupy only the area of private usage on the sidewalk immediately adjacent to the store front to allow for safe pedestrian travel and as set forth by the city in the application for a permit.
(b) The owner and/or operator of a sidewalk cafe is responsible for maintaining a clean sidewalk cafe area during business hours and at the close of each operating business day.
(c) Sidewalk cafes must allow a clear sidewalk width of not less that five feet for pedestrians between the perimeter of the sidewalk cafe area and any other impediment near the curb side of the sidewalk.
(d) Sidewalk café and furniture must be removable, durable, and attractive and may be stored in the cafe area outside of operating hours if it is stored so that it does not impede pedestrians and does not appear unkept or become a nuisance.
(e) Sidewalk cafes must file and maintain at all times during operation on sidewalks proof of liability insurance with the Department in an amount of not less than $1,000,000 per person per occurrence.
(3) No sidewalk cafe may be operated or located on any sidewalk prior to issuance of a permit in conformity with the following.
(a) The application for a permit must be filed with the Department, using a form provided by the Department.
(b) The application shall be reviewed and approved by an official of the Department, in conjunction with the City Fire Department and City Police Department.
(c) Upon approval of the application and payment of applicable fees, as are established by the city, the permit shall be issued to the applicant. The fee shall not be subject to proration or refund irrespective of the date of issuance or surrender.
(d) The permit issued pursuant to this division (E) shall remain in full force and effect until 11:59 p.m. on December 31 following the date of issuance.
(F) License agreement for permanent fixtures.
(1) In the event any person obtains a permit to occupy or obstruct any portion of any street, alley, sidewalk, easement, or other public right-of-way or lands owned by or under the control of the city, if that use will require placement of fixtures permanently attached to the lands or right-of-way, that person must, in addition to securing a right-of-way permit, agree to enter into a license agreement and pay a processing fee in accordance with the city’s fee schedule, which fee shall not be refundable. The procedure for application and review of the request for a license agreement shall be as follows.
(a) An applicant or his, her, or their agent shall file an application and processing fee shall be paid to an official of the Engineering Department on forms to be provided by the city.
(b) An official of the Engineering Department shall review the information provided on the application and shall distribute copies of said application to such departments and agencies within the city as may have an interest in or be affected by the proposed use set out in the application for review and/or recommendations.
(c) The application for license agreement shall be approved, unless a department or agency of the city finds that the proposed use and permanent fixtures violates any federal, state, or local statute, regulation, ordinance, code, rule, regulation, or policy or impedes, impairs, or diminishes the use of the lands or right-of-way of the city, the public, or other person which has a lawful right to and/or occupy said lands or right-of-way.
(2) An official of the City Planning/Engineering Department, upon receipt of comments and/or recommendations from the aforementioned departments and agencies may approve or disapprove, in whole or in part, an application for license agreement to place fixtures permanently on city lands or right-of-way. The official of the City Planning/Engineering Department may specify such conditions and terms to be included in the requested license agreement as are necessary and prudent to protect the interest of the city, public, or any person which has a lawful right to use and/or occupy the lands or right-of-way. The official shall inform the applicant or his, her, or their agent in writing on any decision disapproving in whole or in part the application for license agreement, said decision to be sent to the address shown on the application.
(3) In the event an application submitted under division (F)(1) above is disapproved in whole or in part, the applicant, within 15 days of the date of the decision by the official of the Department, may request that the application be placed on the agenda at a regular meeting of the City Council for review and final decision. The request for review shall be made in writing and filed with the Department, along with the appeal fee set out in the city’s fee schedule.
(4) This shall not apply to personal property which is not affixed or attached to any real estate except movable buildings or structures.
(5) An owner of an underground sprinkling system encroaching into the public right-of-way on any improvement project that is to receive federal transportation funds shall obtain a license agreement subject to the requirements pursuant to these rules and regulations. A processing fee is not required for a license agreement for underground sprinkling systems encroaching into lands or public right-of-way so long as it is in connection with federal transportation funded projects.
(6) Any occupancy of lands or public right-of-way granted by the city under this section shall be at the pleasure of the city and shall be limited to the uses or occupancy set forth in these rules and regulations.
(7) All license agreements shall provide:
(a) That such use or occupancy is at the licensee’s sole risk;
(b) The licensee shall waive any claim for damages against the city, its officials, employees, agents, and contractors for any damage or injury that may result to the licensee’s property within the area occupied pursuant to said license agreement;
(c) The licensee shall indemnify and hold the city harmless from and against any and all loss or damage, and any and all claims, demands, suits, liabilities, and payments and contract or tort, penal or otherwise, resulting from or in connection with the use or occupancy of lands and public right-of-way pursuant to said license agreement;
(d) That such use or occupancy is at the pleasure of the city and may be revoked at any time; and
(e) Such other conditions as the city deems necessary to protect the interests of the city and the general public’s use of the public right-of-way.
(G) Suspension or termination of permit.
(1) Any City Planning/Engineering Department official may suspend or terminate the permit of any permit holder found to be in violation of any provision of this code or this section with respect to the permit holder’s use and/or occupancy of any part of the rights-of-way, sidewalks, streets, alleys, or parking lots within the city.
(2) The City Planning/Engineering Department official shall deliver a notice of suspension or termination of permit to the permit holder which states the basis for and evidence underlying the termination or suspension.
(3) Any City Planning/Engineering Department official may suspend the permit of any permit holder for not less than one day nor more than seven days for violations. Upon termination of a permit, the permit holder may not re-apply for a new permit until after December 31 following the date of issuance of the revoked permit.
(4) Any permit holder aggrieved by suspension or termination of said permit may request a hearing before the City Council at its next regularly scheduled meeting, provided said request is filed in writing with the Department not less than four business days prior to said meeting.
(a) The hearing shall be conducted informally. The permit holder and the City Planning/Engineering Department official may present oral or written statements of evidence supporting or opposing the suspension or termination of the permit to the City Council. Presentations by each participant shall be limited to a total time of 30 minutes or less.
(b) Upon conclusion of the hearing, the City Council may reverse, modify, or affirm the decision of the City Planning/Engineering Department official. Written notice of the determination of the City Council shall be given to the permit holder either personally or sent by United States mail to the address listed on the permit application.
(Ord. 2124, passed - -2023)