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and the city may deem that space to be unassigned. Unassigned spaces (those not subject to any existing • permits) shall be let to applicants on a first-come, first-served basis. OCc) No operator shall be assigned all the available space within a single block on the downtown mall. No space in excess of eight hundred (800) square feet will be assigned to any operator. This paragraph limitation shall not affect space initially reserved to any operator under a permit issued prior to November 30, 2001. ^ dditia;a:;T Any operator assigned space on a mall corner may include also be assigned np-te (800) square fea space located on an dewntown adjacent numbered side street that is closed to through - traffic. If any such side street is used for parking of motor vehicles, or for one (1) or more loading zones, during certain hours of the day or evening, no outdoor cafe operations shall be authorized during any such hours. Sec. 28-213. Grant. The zoning administrator shall grant a permit applied for under this division for a period of not more than one (1) permit term, provided the zoning administrator finds: (34(1)_That the restaurant requesting the permit is being or will be operated as a lawful use in the zoning district in which it is located. If the proposed cafe will be located in an area subject to design control by the board of architectural review, once the zoning administrator has completed an initial review of the application, then the design and appearance of the cafe structures and furnishings shall be reviewed by the board pursuant to the standards and procedures set forth in Chapter 34 of this Code. (4)(aThat the proposed cafe will not present a hazard to the public health, safety or welfare. (3) That all required rents, fees and charges have been paid. Sec. 28-214. Contents and conditions generally. (a) A permit granted by the zoning administrator under this division shall identify the permit term, or outstanding portion thereof, during which the operation of the cafe shall be authorized. A permit shall also require that, on or before ;;ese,ber 15 November 20 of each year, all furniture and equipment used in connection with the cafe shall be removed from the sidewalk or mall: however, upon payment of additional rent (as specified within the most recent fee schedule approved by city council) an outdoor cafe operator may leave furniture and equipment within his assigned outdoor cafe area between November 20 • and March 1 of the following year, subject to the following conditions: (i) the furniture and equipment must be utilized as an outdoor cafe at least five days per month during this period, and 60 if such