§ 20-46. Central Business District C-2.

(a)

The central business district as used herein shall be defined as set forth in the comprehensive zoning ordinance of the town.

(b)

It is acknowledged that use of public spaces within the central business district significantly affects the image of the town and determines whether the central business district is conducive for the conduct of businesses therein and also in equal measure the use and enjoyment of the public. To this end, this section specifically regulates the conditions under which encroachment agreements may be granted for the central business district.

(c)

It is the policy of the town to strictly limit encroachments on the public sidewalks in the central business district. Encroachment permits shall not be considered for any type of vending machine, newspaper rack, or similar device, whether dispensed at a charge or for free, within the central business district.

(d)

The town reserves the right and privilege to place planters, seating areas, and decorative objects upon the public sidewalks in the central business district. Encroachment agreements with property owners and/or lessees may be considered for planters, seating, and other objects consistent with those planters and seating areas maintained upon such public sidewalks by the town.

(e)

Merchandise and structures or devices holding or displaying the same may be allowed on the sidewalks in the central business district only upon the execution of an encroachment agreement as provided by subsection (c) of this section. In the event such an encroachment agreement is issued, the following restrictions shall apply:

(1)

Merchandise and the fixtures or devices on which they are displayed shall be located so that a minimum of six feet of unimpeded passage for pedestrian traffic shall be provided at all times.

(2)

No fixtures or devices on which outdoor merchandise is displayed shall be attached to the sidewalk without the specific permission of the town in the encroachment agreement.

(3)

Outdoor merchandise display areas will be permitted only adjacent to the building or structure in which the retail business is located. Outdoor merchandise areas shall not be permitted next to the curb of the street or in the middle of such sidewalks without allowing such minimum clearance for passage of pedestrian traffic as above provided. This section shall apply to the display of merchandise. The actual sale of merchandise on town sidewalks are governed by chapter 8 and other ordinances and policies of the town.

(4)

Merchandise and the fixtures or devices on which the merchandise is displayed must not block regulatory signs, crosswalks, or intersections.

(5)

All merchandise located within an outdoor merchandise area shall be placed so that the merchandise and the fixtures or devices on which the merchandise is displayed are stable and not easily tipped and do not include sharp edges, protrusions, or other features which may be hazardous to the public.

(6)

All displays of merchandise must be of no less than four feet in height, and sufficient size so that safe pedestrian traffic is not impeded.

(7)

Generally, encroachment permits shall provide that all merchandise and the fixtures or devices on which the merchandise is displayed shall be moved inside the building or structure wherein the retail business is located during the hours the retail business is not operated. However, the town manager may allow encroachment permits for the display of merchandise and the use of such fixtures or devices during the hours the retail business is not operating, including overnight.

(8)

All merchandise and the fixtures or devices on which the merchandise is displayed must be secured so that it may not be dislodged during windy or stormy weather prior to being moved inside the building or structure wherein the retail business is located.

(9)

All such merchandise, fixtures, and devices shall be removed forthwith from the sidewalk when directed to do so by any law enforcement officer, fire official, or emergency medical personnel in the event of an emergency or a situation in which exigent circumstances arise.

(10)

The permit holder for the outdoor merchandise area shall be responsible for the maintenance, upkeep, and security of the fixtures or devices on which the merchandise is displayed and the town shall not have any responsibility for or liability arising from the same.

(11)

The permit holder shall be responsible for keeping the outdoor merchandise area clean of garbage, trash, paper, cups, cans, or litter associated with the operation of the outdoor merchandise area.

(Comp. Ords., § 28.7; Ord. of 8-6-2009)

(Comp. Ords., § 28.7; Ord. of 8-6-2009)