A. Permit Required: Except as may be allowed under subsection D of this section:
1. No goods, wares, merchandise shall be placed, maintained or permitted for sale or show on any parking, street or sidewalk without first either obtaining a sidewalk sale permit, as provided in subsection B of this section or a sidewalk use permit, as provided in subsection C of this section.
2. No seating, tables, or other dining furnishings shall be placed, maintained or permitted for use in the public way without first obtaining a sidewalk use permit, as provided in subsection C of this section.
B. Sidewalk Sale Permit: A one day or two (2) day sidewalk sale permit may be issued by the business license coordinator to the retail owner or operator located adjacent to the proposed sidewalk sale location for the sale of goods, wares or merchandise sold by the owner or operator in the adjacent, ground level, retail business. Through the duration of the sale, the sidewalk sale permit must be prominently displayed by the retail owner or operator. Such sidewalk sale permit may be obtained for no more than two (2) sales per calendar year, per retail store location, with each sidewalk sale extending no longer than forty eight (48) consecutive hours. The permit requirement may be waived for sidewalk sales held in conjunction with a community sponsored special event or activity wherein a majority of the retail establishments in the business district participate, if approved in writing by the mayor. No goods, wares or merchandise, permitted or allowed to be displayed within a sidewalk area under the provisions of this subsection, shall be placed in such a manner as to leave less than a five foot (5') passageway for pedestrians.
C. Sidewalk Use Permit: A sidewalk use permit may be issued by the community and economic development director, or the director's designee, to the owner or operator of a retail or dining establishment located on the ground level adjacent to the proposed sidewalk use location for either the display of goods, wares or merchandise sold by the owner or operator in such adjacent business, or the provision of seating or dining facilities for its customers, subject to the following conditions and standards:
1. Use Limitations: Sidewalk use for displays, seating, or dining in the sidewalk area of the public right of way shall be limited to ground level, retail or dining establishments located in the C-ENT, C-MU, H25, C-9 and MU zoning districts. No sidewalk use permit shall be issued along the frontage of a building that is the approved location of a licensed sidewalk vendor.
2. Location: The sidewalk area utilized for outdoor display, seating, or dining shall be located directly in front of the building, lot, or leased space of the establishment and shall be located at least five feet (5') away from any adjacent business entrance and two feet (2') from curb line. An exception to the five foot (5') minimum distance to entrances may be allowed if the adjacent owner or tenant gives written permission for the encroachment.
3. Unobstructed Passageway: An unobstructed passageway of five feet (5') shall be maintained at all times within the sidewalk area. This passageway must be free of obstructing the flow of pedestrian traffic. The five foot (5') passageway is measured from any display, seating or dining facilities to the nearest obstruction affecting the flow of pedestrian traffic. Obstructions include fixtures such as traffic signals, traffic signs, light poles, pedestrian curb cuts, parking meters, phone booths or stands, bus stops, garbage cans, benches, trees and grates, fire hydrants and other similar objects or other areas set aside for display, seating or dining uses. Recesses in the building facade shall not be used to satisfy the clear path requirement.
4. Safety For Physically Disabled: Items used for the outdoor display, seating, or dining shall be designed, placed, or operated in such a manner that does not create unsafe conditions for pedestrians or persons who are physically disabled. Shelves, decorations, planters and/or other objects shall not cantilever over or be placed beyond the delineated perimeter of the sidewalk area approved for such use.
5. Furnishings To Be Moveable: The furnishings for the outdoor display, seating or dining area shall consist solely of moveable items such as tables, chairs, umbrellas, plantings and other similar furnishings, that may be readily removed from the sidewalk area during nonbusiness hours or adverse weather. No such items shall be physically attached to any public improvement.
6. Furnishings To Be Removed When Business Is Closed: Unless the sidewalk use is approved as a dining area with a semipermanent barrier under subsection C12 of this section, or otherwise approved under an encroachment permit issued pursuant to section 7-4-2 of this title, the permittee shall remove all goods, wares, merchandise, seating or other dining furnishings during the hours when the permittee's business is closed.
7. Furnishings To Be Removed During Adverse Weather: Goods, wares, merchandise, seating, dining furnishings, barriers, or other related items approved under a sidewalk use permit should be removed during periods of adverse weather that would restrict the effective removal of snow or cause items to move or become airborne, or during periods of construction or maintenance work when the city determines that such sidewalk use will interfere with such work.
8. Music Prohibited: Musical instruments, recorded music, or similar music reproduction devices used by an establishment shall not be used within the sidewalk use area.
9. Area To Be Kept Clean: The sidewalk area used for outdoor display, seating, or dining shall be kept clean of litter that is appropriately disposed of at the end of each day. Garbage containers provided by the city for public use shall not be utilized for the disposal of food, trash, and other similar items produced by an establishment.
10. Awnings: The use of awnings is subject to section 18-3-12 of this code. All signage is also subject to the provisions of the city's sign ordinances adopted under title 18 of this code.
11. Historic District Certificate Required: In addition to obtaining a sidewalk use permit, the use of awnings, signs, displays, seating, dining and associated furnishings in the 25th Street historic district shall receive a certificate of historic appropriateness from the Ogden City landmarks commission.
12. Barrier Fence: Dining establishments desiring a sidewalk use permit for an area where they can restrict use by nonpatrons, where they can leave furnishings during nonbusiness hours, or which will be under their management and control to the extent necessary for service of alcoholic beverages, shall also be required to obtain an encroachment permit under section 7-4-2 of this title and shall provide a semipermanent barrier fence meeting the following requirements:
a. Barrier Fence Requirement: A three foot six inch (3'6") high barrier shall delineate the area of use. The use of solid walls is prohibited.
b. Materials And Design: The materials utilized for the barrier fence shall consist of finished decorative metal. The design of the barrier fence should contribute to the streetscape and add appeal to the pedestrian experience. The installation and design of the barrier fence shall allow it to be placed on the sidewalk in a safe and stable manner.
c. Removal: The barrier shall be removed during periods of time when the building or leased space is vacant.
13. Indemnification; Insurance: The permittee shall agree to hold the city and its employees and agents harmless and to indemnify and defend the city, its employees and agents, against all claims, liability, loss, damage, or expense, including attorney fees, resulting from the activities of the permittee upon the public sidewalks. The permittee shall maintain a commercial general liability insurance policy with minimum limits of liability of five hundred thousand dollars ($500,000.00) per occurrence for bodily injury, personal injury and property damage. Any deductible or self-insured retention must be declared to and approved by the city. A current certificate of insurance must be kept on file with the city recorder verifying continuing coverage and naming the city, its elected and appointed officials, employees, agents and volunteers as additional insureds. The certificate shall provide thirty (30) days' written notice to the city upon cancellation, nonrenewal or material change in the policy.
14. Modifications; Revocation: The city retains the right to modify the conditions imposed herein and to impose such conditions prospectively on any permittee. A sidewalk use permit may be revoked or suspended for failure to follow the conditions and standards imposed herein, or any other violation of this code. A sidewalk use permit may also be suspended or revoked by the city, at any time, for any reason, upon thirty (30) days' written notice.
D. Two Foot Encroachment Allowed Without Permit: Owners or operators of adjacent retail or dining establishments, located on the ground level, may, without a permit or other permission from the city, show or display its goods, wares, or merchandise, or provide seating or tables for its customers, within the two foot (2') wide strip of the sidewalk located immediately in front of the property line of the lot, so long as a five foot (5') wide passageway for pedestrians is maintained on the remaining width of the sidewalk.
(1979 Code § 12.04.100; amd. Ord. 86-34, 7-31-1986; 1999 Code; Ord. 2002-13, 3-19-2002; Ord. 2003-54, 9-23-2003; Ord. 2021-52, 10-19-2021; Ord. 2023-16, 4-11-2023)