Sidewalk Encumbrance Permits

Under the provisions of Chapter 109, paragraph 109-2, of the City Ordinances, no person is authorized to place any item within the public right-of-way without first having obtained permission from the Director of Public Works.

Regulations

These regulations include guidelines for businesses to request permission to utilize certain areas of the public sidewalks adjacent to their businesses.

  • Applications will be considered for those businesses located in Zoning Districts Commercial (C), Business-Central (B-C), Commercial-Resort (C-R) or Business-Central/Industrial (B-C/I).
  • The user shall apply for and obtain an Encumbrance Permit for that area of the sidewalk to be used by the business. There is a $10 fee for this permit.
  • The user shall provide an insurance certificate to protect the City. The certificate shall be in an amount at least equal to $1,000,000 for personal injury and $500,000 for property damage.
  • The user may be allowed to place chairs, benches, window boxes and "sandwich board" or similar stand-up type signs not-to-exceed the following dimensions.
    • Sandwich Board or Stand-Up Sign: Not-to-exceed 3 to 1 per 2 feet height or 2 feet in width 
    • Chairs/Benches: Not-to-exceed 3 to 1 per 2 feet in height or 2 feet in width. Chairs/Benches/Window Boxes are not to display advertising.
  • Items will be placed in such a manner as to leave a minimum unobstructed sidewalk width of 4 feet.
  • The items will be placed a minimum of 1 foot away from the curb line or edge of vehicular traveled way.
  • The user shall remove all signs from the sidewalk at such times as the business is not open.
  • The user shall not place items in front of any door or other means of egress or in any manner which may block or hinder access to the adjoining property.
  • Items will not be approved in locations that could block visibility of drivers or pedestrians. On a corner lot nothing shall be placed within 20 feet of the points of intersection of the joining street rights-of-way.
  • The user shall not place items in any place or manner deemed hazardous by the Director of Public Works and/or the Code Enforcement Officer.
  • The user shall place encumbrances on the sidewalk only in front of a licensed business.
  • Items will be well constructed, in good taste, and are such that they will not detract from the appearance of the area. Wording on signs will be professionally prepared. If, in the judgment of City officials, the items/signs appear to "clutter" the area, the user will be requested to make necessary corrections; if condition continues, the permit will be revoked.
  • The permit will be limited to the period between April 15 and October 15 and must be renewed on an annual basis (no additional charge for renewal).

Resource

Sample Sidewalk Encumbrance Permit