[Ord. No. 3034-19, 4-16-2019; Ord. No. 3209-23, 10-17-2023]
A.
Any
person, firm, corporation or other entity wishing to use the sidewalk
and right-of-way adjacent to its' place of business, or use the streetlight
banner hangers in the following areas of the City shall obtain a permit
in accordance with the provisions of this Chapter.
1.
Central Business District.
[Ord. No. 3034-19, 4-16-2019; Ord. No. 3209-23, 10-17-2023]
As used in this Chapter the following terms shall have the meanings
indicated:
For purposes of this Chapter, the district includes those
buildings where there exists no front yard setback and the structure
on the property abuts the street right-of-way and is located on Bridge
Street from Meadow Street on the south to Church Street on the north
and Main Street from Bridge Street on the west to Commercial to the
east.
Use of the area immediately adjacent to a business, and as
more specifically described in the Sidewalk Design and Use Guidelines.
A sidewalk cafe permit or merchant use area permit issued
pursuant to this Chapter.
The recipient of a sidewalk cafe or merchant use area permit.
A food service establishment that holds a valid food establishment
permit from the Clay County Health Department where food and beverages
are prepared, served, sold and are delivered for consumption.
Land in which the City has an easement, has been dedicated
by use or is required for use as a sidewalk, street or alleyway.
That portion of the right-of-way which is located between
the curb line or the lateral line of a street and the adjacent property
line and which is intended for use by pedestrians.
That portion of the sidewalk that is outside the ADA path
as described in the Sidewalk Design and Use Guidelines.
A use area of a public sidewalk immediately adjacent to a
restaurant, and as more specifically described in the Sidewalk Design
and Use Guidelines.
The rules and regulations associated with merchant use of
sidewalk areas in the Central Business District adopted by the Board
of Aldermen.
The temporary use of a sidewalk area for the display of merchandise
and as more specifically described in the Sidewalk Design and Use
Guidelines.
That portion of a right-of-way improved, designed or ordinarily
used for vehicular and bicycle traffic or parking.
[Ord. No. 3034-19, 4-16-2019; Ord. No. 3209-23, 10-17-2023]
Restaurant merchants in the Central Business District may, by
permit only, occupy the sidewalk area in front of its occupied place
of business in accordance with the Sidewalk Design and Use Guidelines.
Each permit shall be annually renewable in the amount listed in the
schedule of fees as approved by the Board of Aldermen and shall be
subject to the Sidewalk Design and Use Guidelines.
[Ord. No. 3034-19, 4-16-2019; Ord. No. 3209-23, 10-17-2023]
A restaurant merchant who obtains an extension to its premises to include alcohol sales and use in a sidewalk cafe in accordance with the Sidewalk Design and Use Guidelines that complies with the use requirements in its liquor license and the Sidewalk Design and Use Guidelines shall be deemed to have obtained a special event permit as described in Section 600.070(G) and (H) for customers to consume or possess alcohol in the sidewalk area.
[Ord. No. 3034-19, 4-16-2019; Ord. No. 3209-23, 10-17-2023]
Sidewalk sales are allowed with a merchant use permit as a specific
use in the merchant use area that have separate time and duration
limitations than other uses in the merchant use area as described
in the Sidewalk Design and Use Guidelines.
A merchant in the Central Business District may, by permit only,
occupy the sidewalk area in front of its' occupied place of business
in accordance with the Sidewalk Design and Use Guidelines.
[1]
Editor's Note: Ord. No. 3209-23 also changed the title of
this Section from "Sidewalk Sign Lease" to "Merchant Use Area Permit."
[Ord. No. 3209-23, 10-17-2023]
The banner hangers on the streetlights in the Central Business
District may, by permit only, be used for scheduled festivals or events
in the Courtyard Park area. Event organizers are required to obtain
permits for such use in accordance with the Sidewalk Design and Use
Guidelines.
[Ord. No. 3034-19, 4-16-2019; Ord. No. 3209-23, 10-17-2023]
The Board of Aldermen shall from time to time adopt certain standards for the design and use of sidewalks in the areas designated in Section 520.140 by Resolution, and upon adoption, those standards shall be known as the Sidewalk Design and Use Guidelines.
