[Adopted 7-11-2016 by Ord. No. 296]
The purpose of this article is to regulate the use of sidewalks
by businesses operating on property adjacent to such sidewalks.
The provisions of this section shall be construed so as to supplement, and not to abrogate, other provisions of state and local law governing the use of sidewalks within the Town, including, but not limited to, Chapter 93 of the Code, relating to historic districts.
A.
Subject to the further provisions of this section, no object shall
be placed on a sidewalk so as to interfere with the free and orderly
flow of pedestrian traffic thereon.
B.
Provided that the owner or operator of a business located on property
adjacent to a sidewalk obtains any and all other applicable permits,
such owner or operator may make application to the Town for permission
to use such adjacent sidewalk for any of the following:
(1)
An outdoor seating area for a restaurant, fast-food and carry-out
establishment, cafe, bistro, pub, tavern, microbrewery, wine bar,
coffeehouse, eatery, or similar establishment that serves food or
beverages;
(2)
Sandwich boards or other signs;
(3)
Planters;
(4)
Benches, chairs;
(5)
Racks and other displays of goods, wares, or merchandise; or
(6)
Placement or display of any other items on such sidewalk.
A.
The Town may promulgate reasonable rules and procedures governing
the application and approval of permits for use of sidewalks as provided
in this article.
B.
The Zoning Administrator is authorized to issue permits for the use
of sidewalks as provided in this article upon filing of an application
for a permit on forms furnished by the Zoning Administrator.
C.
Upon approval of an application filed pursuant to this section, the
Zoning Administrator shall issue a permit on such terms and conditions
as are deemed reasonable by the Zoning Administrator to preserve public
health, safety, and welfare.
D.
The Town shall not approve any proposed use of sidewalk unless such
use shall provide for a continuous, unobstructed sidewalk path with
a width that is set by Mayor and Town Council resolution.
