Title
AN ORDINANCE AMENDING SECTION 50-37.12 TEMPORARY OR SIDEWALK USE PERMIT, AND 50-37.13 ZONING PERMIT, RELATED TO SIDEWALK CAFES AND ENSURING ADEQUATE PEDESTRIAN ACCESS ON PUBLIC SIDEWALKS
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CITY PROPOSAL:
The city of Duluth does ordain:
Section 1. That Section 50-37.12 of the Duluth City Code, 1959, as amended, be amended as follows:
50-37.12 Temporary or Ssidewalk use permit.
This Section applies to temporary uses or proposals to use a portion of a public sidewalk for a caf?, eating area, transit shelter or bench, bicycle rack, temporary display or other purpose that does not involve the permanent vacation of any part of the street.
A. Application.
An application for a temporary or sidewalk use permit shall be filed pursuant to Section 50-37.1.B;
B. Procedure.
The land use supervisor shall refer the application to the city engineer for a recommendation as to whether the proposed design and location of the temporary or sidewalk use will provide for and not hinder the safety of pedestrians, bicyclists and motor vehicle drivers near the proposed use or structure. The land use supervisor shall then review and make a decision on an application based on the criteria in subsection 50-37.12.C. The land use supervisor may refer the application to any city, county or other public or quasi-public agency deemed necessary to confirm whether the criteria in subsection C have been met;
C. Criteria.
The land use supervisor shall approve the application, or approve it with modifications, if the supervisor determines that the following criteria have been met:
1. The city engineer has confirmed that the proposed use or structure will not hinder the safety of pedestrians, bicyclists and motor vehicle drivers near the proposed use or structure;
2. The proposed use or structure will not encroach into drive aisles, loading zones, fire lanes or parking lots;
3. The proposed use or structure will not encroach into any area located directly between an...
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