§ 241-4. Standards for issuance of permit.

A. 

The City Clerk and Code Enforcement Officer shall issue a permit upon a finding that:

(1) 

The proposed sidewalk cafe will not unreasonably interfere with the pedestrian traffic or use of the City-owned portion of property to be used.

(2) 

The applicant has met all other applicable provisions in this chapter and those in the New York State Building Code, City of Oneonta Housing Code (Chapter 158) and the City of Oneonta Zoning Code (Chapter 300).

B. 

Notwithstanding the foregoing, the City Clerk and Code Enforcement Officer may deny a permit upon a finding that:

(1) 

The establishment or operator of the sidewalk cafe has, during the preceding 12 months, violated any applicable rule, regulation, ordinance, local law or statute passed by the City of Oneonta.

(2) 

The proposed sidewalk cafe will have an undue adverse effect upon nearby property, the character of the neighborhood, traffic conditions, parking or any other matters affecting the public health, safety and welfare or convenience.

C. 

Notwithstanding the foregoing, the City Clerk and Code Enforcement Officer may request the applicant and any other interested parties appear at an administrative hearing before the Board of Public Safety to assist in making permitting determinations.