§ 62-206. Operations within the public ways.

(a)

Merchandise may be displayed and sidewalk cafes operated within the public ways upon receipt of a permit as provided for herein and compliance with this article.

(b)

The procedure for obtaining a permit shall be as follows:

(1)

An application for a permit to operate a sidewalk cafe or display merchandise within the public way shall be submitted to the planning and zoning department and shall include the following minimum information:

a.

The name, address and telephone number of the applicant and of the property owner.

b.

The name, address and telephone number of the restaurant, business or organization on whose behalf the application is prepared.

c.

A copy of a valid occupational license.

d.

A copy of a current certificate of insurance in the amounts and categories required by section 62-210.

e.

A drawing (to scale) showing the layout and dimensions of the existing public ways and adjacent private property; proposed location, size and number of tables, chairs, merchandise displays, steps and umbrellas; location of trees, bus shelters, sidewalk benches, trash receptacles, fire hydrants, signs, news racks, public fixtures and any other sidewalk obstruction, either existing or proposed; and the pedestrian pathway.

f.

As to sidewalk cafes, photographs, drawings or manufacturers' brochures describing the appearance of all proposed tables, chairs, umbrellas or other objects intended to be located within the sidewalk cafe area.

g.

Written authorization from all property owners consenting to the operation of the sidewalk cafe or the outdoor display of merchandise at the particular location. If the property is being leased, the lessee who will be operating the sidewalk cafe or displaying the merchandise shall also sign the application.

h.

Such additional information as may be requested by the planning and zoning department which may be necessary to determine compliance with this article.

(2)

The application shall be accompanied by the appropriate fee as set forth in section 62-205.

(3)

Applications shall be reviewed for compliance with city ordinances and a permit shall be issued by the planning and zoning department after approval by the public works department, planning and zoning department, fire department and other departments deemed necessary.

(4)

A permit shall only be issued if the encroachment can be maintained without detriment to the health, safety and welfare of the general public. In determining what constitutes detriment to the health, safety and welfare of the general public, the following minimum factors shall be considered:

a.

The location, type and size of the encroachment and encroaching structures or merchandise.

b.

The proximity of the encroaching structures or merchandise to a traveled road, whether public or private.

c.

Whether the encroaching structures or merchandise will unreasonably interfere with pedestrian or vehicular passage or safety.

d.

Whether the encroaching structures or merchandise will interfere with an existing water or wastewater line, stormwater facility or other utility.

(c)

If the property or business is sold or, in the case of a lessee, if the lease is terminated, after issuance of the permit, the permit shall be null and void and a new application must be filed prior to the issuance of permit.

(Ord. No. 02-24, § 2, 5-23-02)