CROSS REFERENCES
Retail business signs in public right-of-way, CO Ch 512A
Temporary public right-of-way occupancy permits for outdoor restaurants, CO Ch 513
When used in this Chapter, the following words shall have the following meanings:
(a) “Director” means the Director of Public Service or his designee.
(b) “Business Signs” means a commercial sign identifying a retail business fronting a public right-of-way or adjacent to a public right-of-way.
(c) “Permit” means a temporary public right-of-way occupancy permit authorized by Section 512.02 of the Codified Ordinances.
(d) “Permittee” means the person who owns the business sign permitted to occupy an area of the public right-of-way.
(e) “Retail Business” means a business conducting the majority of its business with customers on the business premises. "Retail business" does not include residential buildings or parking lots.
(f) “Right-of-way” means any sidewalk, court, alley, street or other area dedicated or otherwise designated for public use and held by the City.
(g) “Unobstructed Walk” means a clear, continuous surface free of tree grates, elevator grates and all vertical obstructions.
(Ord. No. 392-03. Passed 9-22-03, eff. 10-1-03)
Notwithstanding any codified ordinance to the contrary, the Director is hereby authorized to issue temporary public right-of-way occupancy permits revocable at the will of Council authorizing the placement of business signs at permitted locations on sidewalks, courts, alleys, streets, or other public rights-of-way in the City, subject to the provisions of this Chapter. A separate encroachment permit for such business sign shall not be required.
(Ord. No. 392-03. Passed 9-22-03, eff. 10-1-03)
Application for a permit shall be made to the Director in a form established by the Director. Such application shall include, but not be limited to, the following information:
(a) name, phone number and address of applicant;
(b) name and address of the business establishment seeking the temporary public right-of-way occupancy permit;
(c) a description of the proposed area, with photographs, to be occupied by the business sign;
(d) an example of the proposed business sign or a detailed drawing of the business sign complete with dimensions, design details, and plans necessary to determine compliance with the provisions of this Chapter; and
(e) a signed statement that the permittee shall hold harmless the City of Cleveland, its officers and employees and shall indemnify the City of Cleveland, its officers and employees for any claims or damage to property or injury to persons which may be occasioned by the business sign. Permittee shall furnish and maintain such public liability and property damage insurance as will protect permittee and the City from all claims for damage to property or bodily injury, including death, which may arise from operations under the permit or in connection with it. The insurance shall provide coverage in an amount deemed acceptable by the Director of Law and the Director of Public Service. The insurance also shall name the City of Cleveland, including its officers and employees, as an additional insured, and shall further provide that the policy shall not terminate or be canceled prior to the expiration date of the permit without thirty (30) days written notice to the Director.
(Ord. No. 392-03. Passed 9-22-03, eff. 10-1-03)
An application for a permit shall be accompanied by a fee established by the Board of Control for each business sign.
On the approval of an application by the Director of Public Service, the Director of Public Safety, the City Planning Commission, and the Landmarks Commission, if applicable, and upon compliance with the Council notification provision described below, the Director of Public Service shall issue a permit in accordance with this Chapter.
The City Planning Commission and the Landmarks Commission, if applicable, shall consider in their review of the permit application, the size and design of the proposed sign.
No permit shall be issued until the members of Council of the wards affected have been provided with written notice by the Director of Public Service and until the expiration of thirty (30) days from the date of such notice, unless such period of thirty days is expressly waived by such Council Members in writing. The processing of a complete application shall not take more than ninety (90) days and in the event such application is not processed within ninety (90) days, the applicant shall be entitled to a refund of the permit fee.
Permits shall be valid for a twelve month period or any portion thereof. Permits shall expire on May 31 of each year. Permits may be renewed, on a form provided by the Director, for the following year provided all the requirements of this Chapter are met and no changes have been made from the previous approved application. The permit renewal fee shall be established by the Board of Control. If there are changes to the information provided in the application, a new application must be made in accordance with this Chapter and the appropriate fee shall accompany such application.
(Ord. No. 392-03. Passed 9-22-03, eff. 10-1-03)
The issuance of a permit and the maintenance of the business sign shall be subject to the provisions of this Chapter, the zoning code, and the following conditions and restrictions:
(a) temporary public right-of-way occupancy permits shall be issued for placement of business signs only in areas of the Central Business District designated for such signs by the Cleveland City Council and in Pedestrian Retail Overlay Districts specifically designated for placement of such signs under the provisions of Section 343.22 of the Codified Ordinances;
(b) a business sign shall be placed only in front of or adjacent to the location of the business establishment obtaining the permit;
(c) a business sign shall be placed only in a manner that allows for an unobstructed walk for pedestrians;
(d) a business sign shall not obstruct emergency exits or fire standpipes;
(e) a business sign shall not occupy any portion of the roadway or be within two (2) feet of the curb;
(f) a business sign shall not be permitted within six (6) feet of any fire hydrant, within five (5) feet of any driveway or bus shelter, within three (3) feet of any sidewalk handicap ramp, or within that portion of the sidewalk parallel to an area designated for parking, handicapped parking or commercial loading and unloading or within three (3) feet of a utility pole or traffic sign; and
(g) a business sign shall not be located where the clear, continuous, unobstructed sidewalk for the passageway of pedestrians would be reduced to less than six (6) feet if the business sign were located there.
(Ord. No. 392-03. Passed 9-22-03, eff. 10-1-03)
The permit issued shall be posted on the business sign and may be posted on the back of the sign provided that the permit is clearly visible from the public sidewalk or street. The permit shall be protected from the weather as necessary. Each permit shall contain the following information:
(a) the name and address of the Permittee;
(b) a description of the permitted location;
(c) a description of the business sign; and
(d) the expiration date of the permit.
(Ord. No. 392-03. Passed 9-22-03, eff. 10-1-03)
(a) Permittees and their agents shall comply with all the requirements of this chapter.
(b) The business sign shall be placed only in the location set forth in the permit.
(c) The business sign shall be displayed in the public right-of-way only during the operating hours of the business and shall be removed from the right-of-way at the end of each business day.
(d) Permittees and their agents shall obey any order of a police officer or other emergency personnel to remove the business sign from the public right-of-way if necessary in an emergency.
(e) Permittees and their agents shall be responsible for maintaining all business signs in good repair, free of corrosion and in a safe condition.
(f) The business sign shall not contain flashing lights or any other lighting.
(g) The business sign shall include an anchoring system that withstands normal weather conditions which anchoring system shall be approved by the Director of Public Service.
(h) Permitees and their agents shall be responsible for the cost to repair any damage to the sidewalk caused by the installation, placement, or removal of a business sign.
(i) The business sign shall be no more than forty-eight inches (48") tall and thirty inches (30") wide and shall be designed to withstand normal winds loads. The size of a business sign shall be no bigger than that which is necessary to identify the retail business to pedestrians.
(j) No permit shall be transferable in any manner.
(k) No permit shall be issued for a sidewalk not in compliance with code requirements.
(Ord. No. 392-03. Passed 9-22-03, eff. 10-1-03)
(a) The Director may suspend or revoke the permit of any Permittee if the Permittee or his agent fails to abide by the provisions of these Codified Ordinances.
(b) The Director shall give written notice of the suspension or revocation of the permit to the Permittee or his agent stating the reason or reasons for the suspension or revocation. If the reason for the suspension or revocation is that the Permittee does not currently have an effective insurance policy as required by Section 512.03, suspension or revocation shall be effective upon receipt of the notice of suspension or revocation by the Permittee or his agent. Otherwise, the notice shall contain the further provision that the action shall become final and effective ten (10) days thereafter unless, within five (5) days of receipt of notice, the Permittee requests a hearing before the Director. The Director shall forthwith hold the requested hearing, at which time the Permittee shall be given the opportunity to contest the action and present evidence. After the hearing, the director shall determine whether to suspend or revoke the permit.
(c) The action of the Director may be appealed to the Board of Zoning Appeals.
(Ord. No. 392-03. Passed 9-22-03, eff. 10-1-03)
Any business sign placed in the public right-of-way without a permit issued pursuant to this section or not in compliance with a permit issued may be seized and removed.
(Ord. No. 392-03. Passed 9-22-03, eff. 10-1-03)
No person shall violate the provisions of this chapter and whoever violates any provision of this Chapter shall be guilty of a minor misdemeanor. Each day during which a violation continues shall constitute a separate offense.
(Ord. No. 392-03. Passed 9-22-03, eff. 10-1-03)