(a) Street Space Occupancy Permit. A permit will be required for occupying any part of the street or sidewalk for building construction operations or for any other purpose, and shall be granted only to the owner or lessee of the premises fronting thereon or his or her authorized agent.
(1) Material and equipment shall not occupy more than the designated parking lane width and not more than ½ of the official sidewalk width along the boundary of the fronting property unless permission is granted pursuant to Sections 724.7 and 724.8 for temporary occupancy of additional street space. For purposes of this Subsection, material and equipment shall mean only construction material used at the site, construction equipment, vehicles bearing the logo or other identifying information so that the City could verify that it belongs to the contractor or a subcontractor working at the site and refuse containers for construction debris. For purposes of Section 724.1(b), material and equipment also shall include any material or equipment related to the proposed use. For purposes of this Subsection, parking lane width shall not exceed eight feet in width, and if such lane also is designated as a commute lane, such lane may not be occupied unless permission is granted pursuant to Sections 724.7 and 724.8 for temporary occupancy of additional street space.
(2) A minimum clearance of four feet must be maintained at all times to accommodate pedestrian path of travel requirements. A minimum clearance of four feet, six inches must be maintained at all times between the materials and equipment and the outer rail of any railroad track. Clearance of materials from fire hydrants, fire alarm boxes and value covers shall be as required by the Fire Department. Clearance of materials from traffic signal controllers and pull boxes shall be as required by the Department of Public Works.
(3) All sand, dirt or other materials shall be prevented from being blown or moved to other parts of the street, or from interfering with other property use. The gutters shall not be obstructed.
(4) Lights, barriers, barricades, signs, cones, and other devices for pedestrian and traffic safety, and other requirements shall be provided as set forth in Department of Public Works orders or regulations.
(5) For purposes of Sections 724 et seq., building construction operations shall include all work related to the construction, demolition, maintenance, repair, or replacement of a building.
(b) Permit Applications.
(1) An applicant for a permit shall submit to the Department a written request for a permit no sooner than 15 days prior to the initiation of the proposed occupation of street space. The permit request shall specify the duration and extent of the proposed occupancy and all other information as set forth in Departmental orders or regulations.
(2) A permit applicant also shall request in writing the basis for any proposed modifications to standard permit requirements, such as extended hours of occupancy for the storage of materials and equipment.
(3) If the request is to occupy part of the street or sidewalk for building construction operations, in no event may the duration of the proposed occupancy under the street space occupancy permit or any extensions thereof be longer than the Building Code allows for completion of work under the original building or site permit. A decision by the Department of Building Inspection to extend a building or site permit is not binding on the Director of Public Works for purposes of issuing a new street space occupancy permit or extending an existing permit. A new Director's authorization is required pursuant to Section 724(e) for continued occupation of the street or sidewalk space under such circumstances.
(4) Any application for a permit in any residential, Urban Mixed Use, PDR-1-D, PDR-1-G, and each named Neighborhood Commercial district as defined in the Planning Code that requests more than one on-street parking space and a permit duration of three months or longer shall include a contractor parking plan. The plan shall include the contractor parking plan information as required in Public Works Code Section 2.4.20(b).
(5) The permittee shall mail a courtesy notice within five business days from the start of each phase to all impacted fronting property owners. Said notice shall include information about the number and linear feet of parking spaces that will be impacted and/or removed as well as a 24-hour, seven days per week contact for the project, including name and telephone number. For purposes of this subsection (b)(5), "fronting property owner" shall mean a property owner that owns property along the frontage where on-street parking will be impacted and/or removed. If the fronting property owner is a condominium project, the permittee need only mail the notice to the condominium association and not each individual unit owner.
(c) Permit Decisions.
(1) The Director of the Department, in his or her discretion, may approve, conditionally approve, or disapprove a street space occupancy permit. When issuing permits, permit modifications, or extending the duration of permits, the Director may impose any conditions consistent with the public health, safety, welfare, and convenience, including, but not limited to, appropriate time, place, and manner restrictions and considerations to minimize neighborhood impacts. If the Director of the Department approves or conditionally approves a permit, said permit shall be issued on a monthly basis with a minimum term of one month and a maximum term of six months. In the absence of special conditions, a permit shall entitle the permittee to occupy the specified street space for a period no longer than 7:00 a.m.-6:00 p.m., seven days a week for the term of the permit.
(2) Appeals. The Director's decision on a permit shall be appealable to the Board of Appeals.
(d) Permit Modification.
(1) On seven days' prior written notice to the Department, a permittee may seek to modify any terms or conditions of an existing valid permit except to extend the duration of a permit pursuant to subsection (e) or to obtain an additional street space occupancy permit pursuant to Sections 724.7 and 724.8.
(2) A request for a permit modification shall be accompanied by a $50 processing fee.
(e) Permit Extension.
(1) No later than 15 days prior to expiration of a permit, a permittee may request in writing that a permit extension be granted to extend the duration of the street space occupancy.
(2) In no event may the Director grant an extension of a street space occupancy permit for the purpose of building construction operations without confirmation by the Department of Building Inspection, or other proof to the satisfaction of the Director, that there is ongoing work at the site under an active building or site permit.
(3) The Director shall treat a permit extension request like a new permit, and the Director, in his or her discretion, may issue or deny the extension or impose new or modified conditions on the permit extension.
(4) The total inclusive duration of one or more extensions of a street space occupancy permit may not exceed 12 months. Any occupation of street or sidewalk space after that time shall require a new permit that is subject to appeal to the Board of Appeals pursuant to Subsection 724(c)(2).
(f) Permit Revocation. All street space occupancy permits are revocable at the will of the Director. In addition, when, in the judgment of the Director of Public Works, the public interest or convenience will be served by the removal of the dirt, debris, materials, and equipment, or any portion thereof, from the street or sidewalk space, the Director shall modify, condition, or revoke the permit accordingly.
(g) Limit on the Number of Street Space Occupancy Permits and Extensions Issued for the Same Address.
(1) In any Residential, Urban Mixed Use, named Neighborhood Commercial, or named Neighborhood Commercial Transit District as defined in the Planning Code, the Director may not grant more than six street space occupancy permits or permit extensions covering a continuous three-year period for the same address. Upon expiration of this three-year period, the Director may not grant a new street space occupancy permit for that same address, or an extension of such a permit for a period of two years thereafter.
(2) The time limit specified in subsection (g)(1) is retroactive and applies to permits issued and permit extensions granted prior to the effective date of subsection (g)(1)*, whether or not there is ongoing work at the site under an active building or site permit; provided however, that the Director may grant a one-time extension for a period of time no longer than three months if the permittee demonstrates to the satisfaction of the Director, and the Department of Building Inspection confirms, that a building project at the site will receive its final inspection and sign-off within the extension of time granted.
* Editor's Note:
Division (g), including its subdivision (g)(1), was added to this section by Ord. 167-16, effective 9/10/2016.
Division (g), including its subdivision (g)(1), was added to this section by Ord. 167-16, effective 9/10/2016.