§ 94.08  REGULATIONS FOR DOWNTOWN ENCROACHMENTS.
   (A)   Encroachment permits are required for any activity, display, sign, or sale when placed in public right-of-way. This requirement does not apply to items owned and placed by the city, Hamilton County, or the State of Indiana.
   (B)   All applications for encroachments in this district shall be accompanied by a letter of consent from the building owner if not the applicant. This letter shall be notarized and shall acknowledge specifically the extent of the encroachment.
   (C)   Upon approval of a new permit application, the applicant shall be required to submit to the Designated Department proof of insurance for general liability within ten business days that states that the city is listed as an additional co-insured. An application for renewal shall be submitted with proof of insurance for general liability. The minimum insurance requirement shall be $1,000,000 per occurrence, $300,000 per person, and $50,000 for legal unless the Board of Public Works and Safety decides to reduce or increase such amounts. The Board may find in certain situations a substantial risk of liability and at their discretion may increase the required insurance amounts equal to those amounts found in the Indiana Tort Claims Act, currently codified in I.C. 34-13-34.
   (D)   An ADA clear zone of at least 40 inches must be maintained. Such clear zone shall be measured from the brick paver band on the sidewalk towards the building. If no such band exists, the clear zone shall be measured from the back of curb or an appropriate location as determined by the Designated Department. At intervals of no more than 200 feet, to be located at a minimum at the intersection of the streets and alleys, a clear zone of at least 60 inches by 60 inches shall be provided to allow space for passing, and ramps must be kept clear at all times. Merchants are responsible for maintaining a clear means of egress from the entrance to their building to the clear zone on the sidewalk.
   (E)   Sandwich board signs (SB) are allowed with an encroachment permit and a temporary sign permit and are subject to the following restrictions:
      (1)   Signs shall be sufficiently weighted to ensure stability during inclement weather conditions;
      (2)   Signs shall not be illuminated or flashing;
      (3)   One sign is allowed per each first floor business;
      (4)   Sign shall be placed in the brick paver band perpendicular to the front door;
      (5)   Sign must be no more than 36 inches high and 24 inches wide;
      (6)   Sign shall have a minimum height of 24 inches;
      (7)   Sign shall be wood or woodframe and may contain material inserts such as slate to allow a different interior material on the sign; and
      (8)   Signs are subject to additional regulations contained in Article 11 of the Unified Development Ordinance.
   (F)   Bicycle parking is permitted only at the bicycle racks that have been installed throughout downtown. No bicycles shall be parked on the sidewalk.
   (G)   Merchants shall be responsible for keeping sidewalks in front of their business unobstructed and clear for pedestrian traffic. Merchants must keep walk surface clear of trash, debris, clutter, spills, or items brought in by their customers such as strollers and shopping bags.
   (H)   Tables and chairs for dining are allowed with an encroachment permit so long as a 40 inch clear zone from the brick paver band is maintained to allow pedestrians to utilize the sidewalk unimpeded.
   (I)   Display of the American flag in the existing holders in or near the brick paver band is exempt from the permit requirement and the provisions of this chapter.
   (J)   Flags containing seasonal images or text and/or any attention getting displays on the sidewalk using the existing flag holder in or near the brick paver band are prohibited.
   (K)   Flags attached to the building must maintain a minimum clearance from the sidewalk of eight feet. These flags shall be limited to messages such as “open”“ and “sale” and seasonal images.
   (L)   Sales, vending, seating, or display must be located directly in front of the business and not overlap adjoining businesses unless written approval of the affected business is obtained. A copy of such
written approval must be provided as a part of the permit application, and shall be provided each year.
   (M)   No vending machines shall be placed in public right-of-way in the DT zoning district. Publication boxes are exempt from this prohibition.
   (N)   Community events are exempt from these regulations. These events include, but are not limited to, the street dance, Saturday night hot-rod drive-in, Lions Club pork chop dinner, first Fridays, and jazz on the square.
   (O)   Non-compliance will result in the revocation of the permit. Any activity at a location that has had a permit revoked shall not be eligible for an encroachment permit for a minimum of one year from the revocation date.
   (P)   Any applications for encroachments under this section must include a site plan that details specifically the number and location of encroachments, and notes the required clear zones. Site plans should also include identification of the uses on each side of their location.
   (Q)   All applications proposing the use of existing alleys in the DT zoning district must be approved by the Board of Public Works and Safety. Such applications shall be subject to the conditions set out by the Board, and are not eligible for administrative approval.
(Ord. 36-08-12, passed 9-11-12)