139.07 PERMITS TO TENANTS AND PROPERTY OWNERS TO OCCUPY CITY RIGHT-OF-WAY; FEE.
   (a)   The Director of Public Service and Safety is hereby authorized, after taking into consideration the necessity for issuance of such a permit to tenants and/or property owners abutting upon a City right of way and who are desirous of using said right-of-way; the Director must take into consideration the purpose of the use on said right of way, whether the same be a sign, canopy or such other object that may be over or upon said right-of-way; said permit shall be cancelable by the City upon sixty days notice by the Director of Public Service and Safety or his agent.
   (b)   Before the Director issues a special privilege permit, he shall publish in a local newspaper a notice of an application for such permit stating the time and place for a hearing to consider the effect of the permit. Said notice shall be given fifteen days before the hearing and sent to each abutting property owner.
   (c)   No permit granted under this section shall exempt the permittee from the provisions of Zoning Ordinance and revisions thereto except as it relates to yard requirements.
(Ord. 76-13. Passed 4-12-76.)
   (d)   A one time fee shall be paid upon the application for a special privilege permit. The fee to be paid shall be based upon the cost of advertising and granting the permit but shall not be less than thirty dollars ($30.00).
(Ord. 99-59. Passed 10-25-99.)
   (e)   The Director of Public Service and Safety or his agent shall periodically inspect the sign, canopy, or other object that has been placed upon the right-of-way to determine whether the same is safe; in the event it is determined by the Director that the sign, canopy, or such other object is of an unsafe nature, it shall be incumbent upon the tenants and/or the property owners to forthwith remove and/or repair to the satisfaction of the Director. Failure to make such repairs shall be cause for the Director to cancel the special privilege permit. When any permit is cancelled the sign, canopy or other object shall immediately be removed.
   (f)   An existing sign, canopy or other object which now occupies City right of way shall be subject to this section except that they shall be deemed to have a permit with no fee being charged. Any tenant and/or property owner shall obtain a special privilege permit to change, replace, or alter any existing sign, canopy, or other object which now occupies City right of way.
(Ord. 76-13. Passed 4-12-76.)