[Added 1-27-2015 by Ord.
No. O-14-25]
The purpose of this article is to establish standards and licensing
provisions for private use of public sidewalks that have been deemed
appropriate by the Mayor and City Council.
In the City Center Mixed-Use (CC-MU) Zoning District, the display
of merchandise on the public sidewalk shall only be permitted for
abutting businesses if a license is granted by the City for a specified
time per the parameters outlined in the City's adopted Standards and
Conditions for Sidewalk Business Licenses.
A.
The use of the public sidewalk for display of merchandise shall be
subject to the criteria of the City's Standards and Conditions for
Sidewalk Business Licenses and shall be operated as approved in the
license.
B.
Any ongoing and unlicensed merchandise display in public street rights-of-way
in existence as of the effective date of this chapter amendment shall
cease upon the effective date of this amendment.
C.
This provision shall not apply to those enterprises licensed under Chapter 176, Vendors, Peddlers and Transient Dealers, as that chapter delineates the standards by which those enterprises may operate.
D.
This provision shall not apply to activities on the public sidewalks
associated with City-sponsored or City-supported events, as those
activities are addressed by separate City policy.
The City Engineer may grant a license to occupy a portion of
public sidewalks with seating for abutting restaurant uses in those
districts where restaurants are a permitted use, provided that the
cafe area is delineated on the sidewalk cafe license. The seating
area shall be subject to the criteria of the City's Sidewalk Cafe
Standards and shall be operated as approved in the license.
A.
For residential buildings abutting public sidewalk, yard sales by homeowners or tenants is permitted on the sidewalk in front of their dwelling unit subject to the limitations on yard sales in Chapter 140, Land Management Code, and provided that:
(1)
At least five feet of clearance is kept open for pedestrian traffic;
(2)
No display is in front of or two feet on either side of a building
entrance, fire hydrant, or property line;
(3)
The display is at least 15 feet from any adjoining street corner,
alley or driveway to provide adequate sight distance.
B.
For the purposes of this chapter, "yard sale" is defined as all general
sales open to the public, conducted by a resident within the public
right-of-way abutting his/her residential premises in any zoning district.
A yard sale shall not include the sale of inventory purchased or acquired
by the resident for the purpose of resale.
A license is required for any private structure or object that
encroaches into the public right-of-way of a street or alley.
A.
The City Engineer or City Administrator is hereby authorized (but
not required) to negotiate the terms of and execute nonexclusive license
agreements on behalf of the City for replacement of handicap ramps,
steps, stairs, porches, stoops, fences, roof overhangs, canopies,
etc., and for the temporary placement of street furniture that encroaches
into the public right-of-way.
B.
All other license agreements including new or enlarged encroachments
into the public right-of-way shall require City Council approval.
C.
All such licenses agreements shall be nonexclusive with the City
retaining its right and the public's right, where applicable, to use
the property in conjunction with the licenses.
D.
Any such license agreements shall contain language that holds harmless
the City from any liability not caused by the negligence of the City.
E.
Any such license agreement shall be signed by the applicant and recorded
with the City Clerk.
F.
All such license agreements shall include a clause that allows the
City to terminate the agreement at its will after giving reasonable
notice to the licensee.
G.
The procedure for obtaining a license shall be in accordance with
the Engineering Division's standards and regulations for license agreements.
