Revocable Permits are for the private use of the public right-of-way, either permanent or temporary. The “revocable” designation means that the City may revoke the permit at any time for any reason. There are three distinct types of Revocable Permits: subsurface occupation, surface occupation, and the occupation of spaces above the surface of the public right-of-way. Permanent' permits can include outdoor cafes, parking, landscaping, lighting, newspaper boxes, etc. Temporary permits can include real estate signs, political signs, dumpsters, POD storage containers, etc.
Subsurface Revocable Permits
The space below a public property may be used by an adjoining private property or for uses that serve the public interest. Examples of structures and uses that require subsurface permits include vaults, storage tanks, equipment or material drops, monitoring wells, and communication conduits.
The application for a subsurface revocable permit must include the exact location, size, dimensions and other details of the proposed underground structure or device; the period of excavation and space required for excavation; a description of protective devices to be used during the excavation, including barricades, warning lights, and directional signs; and if applicable, the legal description of the adjoining land to be served by the use.
Surface Revocable Permits
The most common of the Revocable Permit types, surface permits may be issued for structures and uses including bicycle racks, newsracks, benches, flagpoles, awnings, lighting, parking, fencing, trash and construction dumpsters, pods, freestanding signs, and special events, just to name a few.
Items and structures located within the right-of-way must comply with the following:
- The location must not interrupt the flow of vehicular and/or pedestrian traffic;
- The location must not interfere with the public’s normal use of the property; For more information, contact the Land Use Review division at 719-385-5905 or firstname.lastname@example.org.
- The location cannot interfere with any lawfully existing structure; and
- The structure or use must not occupy more than 1/5 of the width of any paved sidewalk.
Surface occupations can be either temporary or permanent. Permanent structures or uses must be soundly installed so that natural forces such as wind cannot displace them. The installation should minimize the collection of litter and snow underneath or on top of the use and allow for maintenance and upkeep. Finally, the installation should minimize sharp edges or protrusions that could prove hazardous to the public.
Newsracks: Additional Regulations
The term, “newsrack,” is used to describe any box, container, storage unit, or other dispenser installed, used or maintained for the display, distribution, or sale of printed material. The installation, relocation, removal, and maintenance of newsracks must be approved by the City. Anyone wishing to distribute a publication by use of a newsrack located within the public right-of-way must first obtain a Revocable Permit.
Revocable Permits for Spaces above the Public Property
These permits allow structures such as balconies, projecting signs, and architectural features to project into the public airspace. These structures must not extend beyond the curb-line into the airspace above roadways.