Downtown Encroachment Regulations

 THE APPLICANT IS RESPONSIBLE FOR ENSURING THAT THE FOLLOWING REGULATIONS ARE MET AT ALL TIMES. FAILURE TO MEET ANY OF THE FOLLOWING WILL RESULT IN THE DENIAL OR REVOCATION OF THIS PERMIT AND POSSIBLE ENFORCEMENT ACTION BEING TAKEN AS OUTLINED BY THE CITY OF NOBLESVILLE CODE OF ORDINANCES.

• Encroachment permits are required for any activity, display, sale when placed in public right-of-way.
• All applications for encroachments in this district shall be accompanied by a letter of consent from the building owner, if not the Applicant. This letter shall be notarized, and shall acknowledge specifically the extent of the encroachment.
• An ADA clear zone of at least 40 inches must be maintained. Such clear zone shall be measured from the brick paver band on the sidewalk towards the building. If no such band exists, the clear zone shall be measured from the back of curb or an appropriate location as determined by the Designated Department. At intervals of no more than two hundred (200) feet, to be located at a minimum at the intersection of the streets and alleys, a clear zone of at least sixty (60) inches by sixty (60) inches shall be provided to allow space for passing, and ramps must be kept clear at all times. Merchants are also responsible for maintaining a clear means of egress from the entrance to their building to the clear zone on the sidewalk.
• Sandwich Board signs (SB) are allowed with an encroachment permit and a temporary sign permit. Signs shall be sufficiently weighted to ensure stability during inclement weather conditions. Said signs shall not be illuminated or flashing. Only one sign (sandwich board) is allowed per each first floor business, and said sign shall be placed in the brick paver band perpendicular to the front door. Sign must be no more than 36 inches high and 24 inches wide and shall have a minimum height of 24 inches. The sign shall be wood or woodframe and may contain material inserts such as slate to allow a different interior material on the sign. Signs are subject to additional regulation contained in Article 11 of the Unified Development Ordinance.
• Bicycle parking is permitted only at the bicycle racks that have been installed throughout downtown. No bicycles shall be parked on the sidewalk.
• Merchants shall be responsible for keeping sidewalk in front of their business unobstructed and clear for pedestrian traffic. Merchants must keep walk surface clear of trash, debris, clutter, spills or items brought in by their customers such as strollers and shopping bags.
• Tables and chairs for dining are allowed with an encroachment permit so long as a 40 inch clear zone from the brick paver band is maintained to allow pedestrians to utilize the sidewalk unimpeded.
• Encroachment permits for merchandise display, seating, and sandwich board signs are issued on a calendar year basis. An encroachment permit is required for each business placing any type of encroachment in the public right-of-way.
• Flags containing seasonal images or text and/or any attention getting displays on the sidewalk using the existing flag holder in or near the brick paver band are prohibited.
• Flags attached to the building must maintain clearance from the sidewalk of at least eight (8) feet. These flags shall be limited to messages such as “open” and “sale” and seasonal images.
• Sales, vending, seating or display must be located directly in front of the business and not overlap adjoining businesses unless written approval of the affected business is obtained. A copy of such written approval must be provided as a part of the permit application, and shall be provided each year.
• No vending machines shall be placed in public right-of-way in the DT zoning district. Publication boxes exempt from this prohibition.
• Non-compliance will result in revocation of the permit. Any activity at a location that has had a permit revoked shall not be eligible for an encroachment permit for a minimum of one year from the revocation date.
• Any applications for encroachment under this section must include a site plan that details specifically the number and location of encroachments, and notes the required clear zones. Site Plans should also include identification of the uses on each side of their location.
• All applications proposing the use of existing alleys in the downtown must be approved by the Board of Public Works and Safety. Such applications shall be subject to the conditions set out by the board, and are not eligible for an administrative approval.
• All new Applicants shall be required to submit to the Designated Department proof of insurance for general liability within (10) business days that states that the City of Noblesville, Indiana is listed as an additional co-insured. An application for renewal shall be submitted with proof of insurance for general additional insured CG210. An application for renewal shall be submitted with proof of insurance for general liability. The minimum insurance requirement shall be $1,000,000 per occurrence, $300,000 per person, and $50,000 for legal unless the Board of Public Works and Safety decided to reduce or increase such amounts.