04/25/2000 Resolutions 2000-126
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RES 0 L UTI 0 N 2000-126
WHEREAS, the Downtown Improvement Board has drafted a set of proposed
regulations authorizing the use of sidewalks in and abutting Business Improvement District No.2
for sidewalk displays, sandwich board signs, vendor carts and sidewalk cafes; and
WHEREAS, use of the public right-of-way in this manner would typically require a
license agreement; and
WHEREAS, it is recommended that a permit be utilized in lieu of a License
Agreement for sidewalk usage within Business Improvement District No. 2 as outlined in the
Business Improvement District No.2 Public Right-of-way Usage Regulations attached hereto as
Exhibit "A"; and
WHEREAS, the Downtown Improvement Board is willing to monitor compliance
and enforce such regulations; and
WHEREAS, the proposed Business Improvement District No.2 Public Right-of-way
Usage Regulations (Exhibit "A") have been reviewed and approved by the Downtown Improvement
Board and the City Attorney's office.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the attached Business Improvement District
No.2 Public Right-of-way Usage Regulations are hereby approved and adopted.
Adopted by the City Council ofthe City of Grand Island, Nebraska on April 25, 2000.
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Cindy K. Johnson, City Clerk
Approved as to Form.... C:;j1!E---
April 21, 2000 ... City Attorney
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Exhibit A
BUSINESS IMPROVEMENT DISTRICT NO.2
Public Right-or-Way Usage Regulations
~1. Application of Regulations
The Business Improvement District No.2, Public Right-of-Way Usage Regulations shall apply
to all sidewalks located within or directly abutting Business Improvement District No.2.
Sidewalk displays authorized by the Business Improvement Board No. 2 in connection with
special events in Business Improvement District No.2 shall be exempt from these regulations.
~2. Definitions
As used in these regulations, the following terms shall mean:
Sandwich Board Sign. Any portable sandwich board, hinged sign or other stand-alone sign
intended for use upon any public sidewalk, alley, street or other right-of-way.
Sidewalk. Any public sidewalk, right-of-way or land located within or directly abutting Business
Improvement District No.2 but shall not include any portion of a street, alley or public parking
lot used for vehicular traffic and/or parking.
Storefront. A single tract of commercial property fronting upon a sidewalk. In the case of a
comer property which contains more than one business establishment one private usage will be
allowed for each business.
~3. Sidewalk Displays
(A) The following types of sidewalk displays may be allowed:
1. Park benches usable by the public of a historic style or such style as is compatible
with the identity theme for Business Improvement District No.2.
2. Decorative plants and planters. The decorative plants and planters may not be
used for advertising.
(B) Sidewalk displays shall comply with the following conditions:
1. The area of private display usage must be on the sidewalk immediately adjacent
to the storefront and shall not block or impede access to or from doors, emergency
exits or fire escapes.
2.
Displays must allow a clear sidewalk width of not less than ten (10.0) feet for
pedestrians between the storefront and curb line.
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Exhibit A
3.
Displays, whether in one or more parts, shall be limited to a total length of not
greater than ten (10.0) feet, and a total square footage of not greater than thirty
(30.0) square feet, for any single storefront.
4. No part of any display may exceed a total height of forty-eight (48.0) inches.
(C) No sidewalk display may be placed on any sidewalk prior to issuance of a permit in
conformity with the following:
1. An application for a permit must be filed with the office of the Downtown
Development Director, using a form to be provided by the City of Grand Island.
2. The application shall be reviewed and approved by the Downtown Development
Director and Business Improvement Board No.2.
3. Upon approval of the application and payment of applicable fees, if any, as are
established in the City of Grand Island Fee Schedule, the permit shall be issued to
the applicant.
4. The permit issued pursuant to this subsection shall remain in full force and effect
until 11 :59 p.m. on December 31 following the date of issuance.
~4. Sidewalk Sandwich Board Sign Usage
(A) The following types of sidewalk sandwich board signs may be allowed in Business
Improvement District No.2:
1. Sandwich board signs may be used, subject to design review and approval by the
Downtown Development Director and Business Improvement Board No.2.
2. No walking sandwich board signs are allowed.
(B) Sandwich board signs shall comply with the following conditions:
1. Sandwich board signs may be displayed only during the open hours of the
business to which the sign advertises.
2. The sandwich board sign must be located within the three (3.0) foot width of the
sidewalk immediately adjacent to the storefront which the sign advertises.
3.
Sandwich board signs shall be limited to a maximum height of forty-eight (48.0)
inches and a maximum width of thirty-six (36.0) inches in order to maintain
visibility for pedestrians.
4.
Only one sandwich board sign is allowable per storefront.
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Exhibit A
(C)
No sandwich board sign may be placed on any sidewalk prior to issuance of a permit in
conformity with the following:
1. An application for a permit, including a photo or detailed drawing of the sandwich
board, must be filed with the office of the Downtown Development Director,
using a form to be provided by the City of Grand Island.
2. The application shall be reviewed and approved by the Downtown Development
Director and Business Improvement Board No.2.
3. Upon approval of the application and payment of applicable fees, if any, as are
established in the City of Grand Island Fee Schedule the permit shall be issued to
the applicant.
4. The permit issued pursuant to this subsection shall remain in full force and effect
until 11 :59 p.m. on December 31 following the date of issuance.
~5. Sidewalk Vending Carts
(A) The following types of sidewalk vending carts may be allowed:
1.
The goods allowable for sale from a sidewalk vending cart include: popcorn,
peanuts, cotton candy, popsicles, ice cream, fruit drinks, soft drinks, bottled
waters, fresh fruit or similar items.
2. Vending carts must provide enclosed trash receptacles attached to the cart.
3. All sidewalk vending carts shall have and maintain at all times in full force and
effect all applicable health, food and drink permits and licenses required by law.
(B) Sidewalk vending carts shall comply with the following conditions:
1. Operation of sidewalk vending carts is allowable only at designated sites in
Kaufman-Cuming Park and such other locations in Business Improvement
District No.2 as have been approved by the Business Improvement Board No.2.
There shall be no more than four (4) designated sites in Business Improvement
District No.2 at any time.
2. No person or entity may own and/or operate more than one sidewalk vending cart
in Business Improvement District No.2.
3.
Sidewalk vending carts shall be limited to a total length of not more than six (6.0)
feet, a total width of not more than four (4.0) feet, and a total height of not more
than eight (8.0) feet, including awnings, draw or push bars and other attachments.
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Exhibit A
4.
Sidewalk vending carts shall be maintained III a clean and safe condition,
attractively painted, and in good repair.
5.
Sidewalk vending carts must file and maintain at all times during operation on
sidewalks, proof of liability insurance with the office of the Downtown
Development Director in an amount of not less than one million dollars
($1,000,000.00) per person and per occurrence.
(C) No sidewalk vending cart may be operated or located on any sidewalk prior to issuance
of a permit in conformity with the following:
1. An application for a permit, including a photo of the vending cart, must be filed
with the office of the Downtown Development Director, using a form to be
provided by the City of Grand Island.
2. The application shall be reviewed and approved by the Downtown Development
Director, Grand Island/Hall County Department of Health, Police Department and
Business Improvement Board No.2.
3.
Upon approval of the application and payment of applicable fees, if any, as are
established in the City of Grand Island Fee Schedule the permit shall be issued to
the applicant. The fee shall not be subject to proration or refund irrespective of the
date of issuance or surrender.
4.
The permit issued pursuant to this subsection shall remain in full force and effect
until 11 :59 p.m. on December 31 following the date of issuance.
~6. Sidewalk Cafes
(A) The following types of sidewalk cafes may be allowed:
1. All sidewalk cafes shall function in conjunction with and adjacent to an operating
restaurant and shall not exceed the width of the restaurant storefront.
2. Sidewalk cafes may be bordered with removable bollards with connecting ropes
or chains to define the perimeter; however bollards, ropes, chains, tables, storage
units and any other equipment and furnishings must be removed after operating
hours.
3. All sidewalk cafes shall have and maintain at all times, in full force and effect, all
applicable health, food and drink permits and licenses required by law.
(B)
Sidewalk cafes shall comply with the following conditions:
1. Sidewalk cafes may occupy only the designated area of private usage on the
sidewalk immediately adjacent to the storefront.
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Exhibit A
2.
The owner and/or operator of a sidewalk cafe is responsible for maintaining a
clean sidewalk cafe area during business hours and at the close of each operating
business day.
3. Sidewalk cafes must allow a clear sidewalk width of not less than four (4.0) feet
for pedestrians between the perimeter of the sidewalk cafe area and any other
impediment near the curbside of the sidewalk.
4. Sidewalk cafe and furniture must be removable, durable and attractive and shall
not be stored in the cafe area outside of operating hours.
5. Sidewalk cafes must file and maintain at all times during operation on sidewalks,
proof of liability insurance with the office of the Downtown Development
Director in an amount of not less than one million dollars ($1,000,000.00) per
person and per occurrence.
(C) No sidewalk cafe may be operated or located on any sidewalk prior to issuance of a
permit in conformity with the following:
1. An application for a permit must be filed with the office of the Downtown
Development Director, using a form to be provided by the City of Grand Island.
2.
The application shall be reviewed and approved by the Downtown Development
Director, Building Inspection Department, Grand Island/Hall County Department
of Health, Public Works Department, Fire Department, Police Department, and
Business Improvement Board No.2.
3. Upon approval of the application and payment of applicable fees, if any, as are
established in the City of Grand Island Fee Schedule the permit shall be issued to
the applicant. The fee shall not be subject to proration or refund irrespective ofthe
date of issuance or surrender.
4. The permit issued pursuant to this subsection shall remain in full force and effect
for a period of one calendar year from the date of issuance.
~7. Suspension or Termination of Permit
The Downtown Development Director may suspend or terminate the permit of any permitholder
found to be in violation of any provision of the Grand Island City Code (1988 Ed.) or these
regulations with respect to the permitholder's use and/or occupancy of any part of the sidewalks
or any public right-of-way within or directly abutting Business Improvement District No.2.
(A)
The Downtown Development Director shall deliver a Notice of Suspension or
Termination of Permit to the permitholder which states the basis for and evidence
underlying the disciplinary action.
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Exhibit A
(B) The Downtown Development Director may suspend the permit of any permitholder for
not less than one (1) day nor more than seven (7) days for violations. Upon termination of
a permit, a permitholder may not reapply for a new permit until after December 31
following the date of issuance of the revoked permit.
(C) Any permitholder aggrieved by suspension or termination of said permit may request a
hearing before the Business Improvement Board No.2 at its next regularly scheduled
meeting; provided, said request is filed in writing in the office of the Downtown
Development Director not less than four (4) business days prior to said meeting.
1. The hearing shall be conducted informally. The permitholder and the Downtown
Development Director may present oral or written statements and evidence
supporting or opposing the suspension or termination of the permit to the
Business Improvement Board No.2. Presentations by each participant shall be
limited to a total time of one hour or less.
2. Upon conclusion of the hearing, the Business Improvement Board No. 2 may
reverse, modify or affirm the decision of the Director. Written notice of the
determination of the Business Improvement Board No.2 shall be given to the
permitholder either personally or by United States mail.
PROPOSED FEES
Sidewalk Vending Carts - $50.00 per calendar year
Sidewalk Cafes - $100.00 per calendar year
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