CROSS REFERENCES
Temporary public right-of-way occupancy permits for business signs, CO Ch 512
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 public right-of-way occupancy permit authorized by Section 512A.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 on the business premises.
(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. 1521-03. Passed 9-22-03, eff. 10-1-03)
Notwithstanding any codified ordinance to the contrary, the Director is hereby authorized to issue public right-of-way occupancy permits revocable at the will of Council authorizing the placement of retail business signs if the following requirements are met:
(a) there are five (5) or more businesses in a single building lacking ground floor frontage;
(b) the sign is approved by the City Planning Commission or the Landmarks Commission, if applicable;
(c) the Director of Public Service determines that the placement of the retail business signs leaves sufficient unobstructed walk for pedestrians; and
(d) the applicant has obtained all necessary building permits.
A separate encroachment permit for such retail business sign shall not be required.
(Ord. No. 1521-03. 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 permit;
(c) a description of the proposed area, with photographs, to be occupied by the business sign;
(d) a detailed drawing of the retail 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 as an additional insured, including its officers and employees, 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. 1521-03. Passed 9-22-03, eff. 10-1-03)
An application for a permit shall be accompanied by a fee determined 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.
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.
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. 1521-03. 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) a retail business sign in the public right-of-way shall be placed only in that portion of the public right-of-way directly adjoining the building lacking ground floor footage on a public street;
(b) The City Planning Commission or Landmarks Commission, if applicable, reviewed the design of the retail business sign and the sign is no greater in size than necessary to identify the retail business to pedestrians.
(c) the City Planning Commission or Landmarks Commission, if applicable, determines that there is no appropriate location for such retail business sign on the private property occupied by the Retail Business;
(d) the Director of Public Service determined that the placement of the retail business sign leaves sufficient unobstructed walk area to permit safe passage by pedestrians;
(e) the retail business sign shall not obstruct crosswalks, bus stops, building entrances, access to handicap parking spaces, or other areas necessary for pedestrian movement, as determined by the Director of Public Service;
(f) the retail business sign shall not be located closer than five (5) feet to a crosswalk, bus shelter, or fire hydrant and shall not be located closer than three (3) feet to a utility pole or traffic sign; and
(g) a retail business sign shall not occupy any portion of the roadway or be within two (2) feet of the curb.
(Ord. No. 1521-03. Passed 9-22-03, eff. 10-1-03)
The permit issued shall be posted on the retail 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 retail business sign; and
(d) the expiration date of the permit.
(Ord. No. 1521-03. Passed 9-22-03, eff. 10-1-03)
(a) Permittees and their agents shall comply with all the requirements of this chapter.
(b) The retail business sign shall be placed only in the location set forth in the permit.
(c) Permittees and their agents shall be responsible for maintaining all retail business signs in good repair, free of corrosion and in a safe condition.
(d) No permit shall be transferable in any manner.
(Ord. No. 1521-03. 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 512A.03, the 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. 1521-03. Passed 9-22-03, eff. 10-1-03)
Any retail 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. 1521-03. 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. 1521-03. Passed 9-22-03, eff. 10-1-03)