Skip to main content
Loading…
This section is included in your selections.

A. The city shall review the application and either approve, conditionally approve or deny the application. In deciding whether to approve, approve with conditions, or deny a permit, the city shall consider whether the proposed use will:

1. Unreasonably interfere with previously approved businesses or other typical uses or activities within the right-of-way;

2. Unreasonably disrupt the orderly or safe circulation of traffic as would present an unreasonable risk of injury or damage to the public;

3. Unreasonably interfere with the city’s operation and maintenance of public infrastructure within the right-of-way;

4. Conflict with the underlying purpose and intent of the zoning district in which it is located.

B. The city may condition the issuance of a permit by imposing reasonable requirements concerning the time, place and manner of the activity as necessary to protect the safety and/or convenience of persons and property and the control of traffic. The city shall issue the required conditions in writing to the applicant. Conditions may include, but are not limited to, requirements for:

1. The provision of insurance;

2. Proper disposal of refuse or debris and/or clean-up of spills;

3. Adjusted operating hours;

4. Elimination of an activity which cannot be mitigated to a point as to ensure public safety and welfare, or which possesses an unacceptable level of risk to the city;

5. Accommodation of pedestrian, bicycle or vehicular parking or traffic, including restricting the activity to only a portion of a public place;

6. Reduction of noise and odors, including but not limited to those resulting from amplified music, generators, or cooking of food;

7. Storage of materials within the public right-of-way;

8. Providing notice to, or approval from, surrounding property and/or business owners;

9. Securing objects within the right-of-way;

10. Compliance with any relevant ordinance or law and obtaining any legally required permit(s) or license(s);

11. Compliance with allowable permitted uses in the underlying zone; or

12. Any other restriction or requirement deemed necessary to ensure public convenience, health, safety and welfare. [Ord. 2019-05-012 § 3].