CRT 2017 #6 · Communication to the City Council · Feb 13 2017

Sidewalk Business Use Permit Process 1.12.2017 City of Cambridge Department of Public Works

Sidewalk Signs| TABLE OF CONTENTS 2 INTRODUCTION EXISTING GUIDELINES APPLICATION PROCESS DPW’S REVIEW PROCESS DPW’S REVIEW PROCESS COMPLIANCE ADDITIONAL GUIDELINES Overview The Applicant First Time Applicants Enforcement Measures Sidewalk Signs Renewals 3 Page 5 6 7 8 9 10 A-Frame Signs and Sandwich Boards SIGN LOCATIONS Issued Permits 4 MASS ARCHITECTURAL ACCESS BOARD MUNICIPAL ORDINANCE Chapter 12.08 – Advertising Signs and Displays Sidewalk Requirements 12-13 11

INTRODUCTION | Overview • A-frame signs and sandwich boards are regulated under City Ordinance 12.08.010 • When a business in the City of Cambridge wants to place an a-frame sign or a sandwich board on the sidewalk in front of their storefront, a Sidewalk Business Use permit is required • This permit must be applied for through the Citizen’s Access Portal and will be reviewed by a compliance officer (online application requirement began in November 2015) • First time applicant’s petitions are also reviewed by City Council • This permit is subject to a yearly DPW review and must be renewed on an annual basis • The annual fee for this permit is $75.00 3

SIGN LOCATIONS| Issued Permits 4 Currently, there are 57 permitted sidewalk sign locations City wide Harvard Square

EXISTING GUIDELINES | A-Frame Signs and Sandwich Boards • A-frame signs and outdoor seating setups must be within 18” of the curb unless otherwise approved. • On sidewalks that are 6 ft wide or less, a-frame signs are not allowed • On narrow sidewalks (less than 8’wide), a minimum of 4’ of sidewalk width must be retained for pedestrians. • On wider sidewalks (8’ or greater) a minimum of ½ of the overall sidewalk width must be retained for pedestrians. 5

APPLICATION PROCESS | The Applicant 6 (1) Applicant applies online for a Sidewalk Obstruction Business Use permit (2) The applicant must attach: • A drawing/plan/photo that indicates proposed location of the sign with distances from the curb, building and other street furniture • A copy of the business’s certificate of liability insurance (3) Start and end dates for a permit match the beginning and end dates on the business’s liability insurance (4) The application process is the same for new applicants and permit renewals, except new applicant’s applications are reviewed by City Council

DPW’S REVIEW PROCESS| First Time Applications 7 • Applications are automatically assigned to the DPW’s compliance officer. • A site visit is conducted to review the appropriateness of the request. • If DPW approves the initial application review, then a sidewalk petition is generated by the DPW’s permit coordinator. • The petition with additional recommendations and supporting documents is forwarded to the City Clerk who places it on the agenda for the next City Council meeting. • City Council then reviews the application and if deemed appropriate, the application is forwarded to the City Manager. • The application is then and sent back to DPW for final review and issuance of the permit. • Once a permit is issued, DPW will follow up with a site visit to confirm that the applicant is abiding by permit conditions.

DPW’S REVIEW PROCESS| Renewals 8 • Renewal applications are automatically assigned to DPW’s compliance officer. • Once received, applications will be reviewed for completeness and reviewed to ensure nothing has changed from the previous year. • The compliance officer may conduct a sight visit at this time to review the location of the sign. • If the renewal application review passes, the compliance officer will issue the permit. • Once a permit is issued, DPW will again follow up with a site visit to confirm that the applicant is abiding by permit conditions.

COMPLIANCE| Enforcement Measures 9 • A business that has a permit, but is not in compliance with permit conditions: a) DPW’s compliance officer meets with the permitee and attempts to resolves the issue b) If the issue of noncompliance is not resolved in a timely manner, the ‘a’ frame sign is removed from the public way c) Some compliance issues are: sign is not curbside, ADA requirements are not being met, and the sign is too big • A business that does not have a permit but has an ‘a’ frame sign on the sidewalk a) The sign is removed from the public way and the compliance officer informs the offender of the permit process. • Annual inspections are conducted by the DPW’s compliance officer. Permitted locations are inspected at time of renewal

POTENTIAL ADDITIONAL GUIDELINES | Sidewalk Signs • Each business shall be permitted one “A” frame sign per street frontage. • A-frame sign dimensions shall not exceed 32 inches wide by a maximum height of 42 inches • “A” frame signs shall only be in place during business hours. • “A” frame signs shall not permitted during snow or strong wind events. • “A” frame signs must be stable and free standing and must be removed immediately if damaged. • All “A” frame signs shall require a “seal of approval”. (Commonwealth Connect complaint process) 10

11 MASS ARCHITECTURAL ACCESS BOARD| Sidewalk Requirements

CAMBRIDGE MUNICIPAL CODE | Chapter 12.08 12 ADVERTISING SIGNS AND DISPLAYS 12.08.010 - Encroachments onto streets—Permit required—Fee—Exceptions. No sign, advertising device, clock, marquee, barber pole, stationary or movable, permanent awning or other like structures, projecting into or placed on or over the public highway a distance of more than six inches, except poles, wires, conduits and appurtenances of telegraph and telephone, water, gas, electric light, heat and power companies and public transportation authorities shall be placed or maintained in any public way until a permit therefor has been granted by the City Council. The permit shall be issued by the Superintendent of Streets and effective June 1, 2009, the fee shall be seventy-five dollars. 12.08.020 - Display of merchandise—Permit—Fee. A. No merchandise shall be displayed within the limits of any public highway in the City without a permit granted by the City Council and issued by the Superintendent of Streets. Effective June 1, 2009, the fee for the permit shall be seventy-five dollars annually. B. No counter, platform or other apparatus or structure for the purpose of selling merchandise shall be placed on any public highway in the City without a permit granted by the City Council, and issued by the Superintendent of Streets. Effective June 1, 2009, the fee for the permit shall be seventy-five dollars and for any permits granted for periods of more than one year the fee shall be seventy-five dollars annually. C. No permit shall be granted for encroachment of such merchandise, counter, platform or other apparatus or structure to exceed more than twenty-five percent of the width of the sidewalk from the property line of the premises in front of which such merchandise, counter, platform or other apparatus or structure shall be displayed or installed. 12.08.030 - Connection with buildings—Building ordinance conformance. All signs, advertising devices, clocks, marquees, barber poles, permanent awnings and other like structures shall be constructed, and, when attached to the building, shall be connected therewith in accordance with the requirements of the building ordinances of the City.

CAMBRIDGE MUNICIPAL CODE | Chapter 12.08 Cont’d 13 12.08.040 - Gasoline swing arms—Permit required—Fee. No person shall install a gasoline swing arm to extend over the sidewalk without a permit from the Superintendent of Streets when authorized by the City Council. Permits may be granted for not more than one year from May 1st and shall be renewed on expiration or within thirty days thereafter. A fee of five dollars shall be paid for such permit and each renewal thereof. 12.08.050 - Advertising banners prohibited—Exceptions. No advertising sign or banner shall be extended across any highway in the City except those of religious, fraternal or charitable organizations. 12.08.060 - Permit issuance subject to bond requirements. Any person granted a permit under this chapter shall file a bond with the City Clerk in such amount as shall be fixed by the City Council with surety to be approved by the City Auditor and in form to be approved by the City Solicitor, so as to indemnify and save harmless the City from all claims, costs, damages or judgments resulting from or incident to or arising out of the issuing of permits. 12.08.070 - Violation—Penalty. A. Criminal Penalty. Any person who violates any section of this chapter shall be subject to a fine not exceeding fifty dollars, and each day's violation shall constitute a separate offense. B. Noncriminal Disposition. Whoever violates any provision of this chapter may be penalized by a noncriminal disposition as provided in G.L. c. 40, s. 21D. For purposes of this section, the Commissioner of Public Works shall be the enforcing officer, except that the Commissioner may delegate his enforcing authority to designated Public Works Enforcement Officers. The penalty for each violation will be twenty-five dollars. Each day's violation shall constitute a separate offense.