13.04.065 Permitted commercial encroachments.
Subject to the general regulations contained in Section 13.04.120 revocable permits may be granted for commercial encroachments in accordance with the following criteria and procedures.
A. Use. Commercial encroachments shall be restricted to:
1. Landscaping in containers.
2. Outdoor seating area.
3. Approved street furniture.
4. Bike racks.
B. Location:
1. Encroachments shall be permitted only on public property in industrial or commercially zoned areas of the city or in commercial, industrial or mixed use PUD’s (Planned Unit Districts) or PCD’s (Planned Community Districts).
C. Clearance:
1. No commercial encroachment shall be located in a manner that:
a. Impedes access to any inspection, maintenance or operation devices or controls; or
b. Blocks curb side access to a loading zone, as defined in Section 11.48.010; or
c. Impedes pedestrian access from curb side of vehicles to the adjacent sidewalk; or
d. Poses a public safety hazard; or
e. Negatively obstructs the site distance for vehicular or pedestrian traffic; or
f. Interferes with the access to any door, window, stair, fire escape or fire hydrant; or
g. Interferes, impedes or restricts handicap access.
2. No commercial encroachment shall be permitted:
a. Without a minimum sidewalk passage of four feet in width, measured between fixed objects (such as building walls and utility poles), planter wells and/or curbs or objects described in Section 13.04.065, left free for public travel at all times;
b. On a public sidewalk within a distance of twenty feet from corner curb lines;
c. Without a minimum vertical clearance of 7.5 feet, measured vertically from a public sidewalk.
D. Permit Application. Application for a commercial encroachment permit shall be made per provisions outlined in Section 13.04.120 and filed with the director of public works or designee, by the owner or lessee, with the consent of the owner, of the property which fronts on the public property in question. Such application shall contain all information necessary for a determination on the application including, but not limited to:
1. A statement of intended use, a plan/map showing location and clearance distances and a drawing or picture of the proposed encroachment, showing design, dimensions and color;
2. A fee, as set forth in the municipal fee schedule;
3. A certificate of insurance in an amount and form satisfactory to the city risk manager and a hold harmless and indemnity agreement in favor of the city;
4. A maintenance program description.
E. Review and Action on Application. A complete application for a commercial encroachment permit shall be reviewed by city staff for a determination as to whether such application complies with the regulations contained in this chapter. Such review shall include a referral to the planning department for design review and approval. The design of the commercial encroachment shall be evaluated as to whether it is reasonably compatible in scale, design and color with the character of adjacent and nearby building facades and public spaces. The director of public works, or designee, shall grant or deny the application. The permit premises shall be subject to a compliance review every six months.
F. Conditions. Conditions of approval may be imposed on commercial encroachment permits where they are required for the maintenance of the public health, safety and welfare.
G. Revocation of Permit. The director of public works, or designee, may revoke a commercial encroachment permit if he/she determines that conditions of the permit or any provision of this chapter are being violated, or if municipal use of the area is required. In the case of a revocation, the permittee shall be notified.
In the event of a denial or revocation of an encroachment permit by the public works director, the applicant(s) may appeal in writing to the city council. The appeal must be filed within fourteen days of the decision of the city. The city council shall hold a hearing at their next available meeting; provided such meeting is at least ten days from the receipt of such written appeal. The public works and/or planning directors shall appear at the hearing and render their report to the city council. At the conclusion of the hearing or any continuance thereof, the city council may affirm the action of the city staff, reverse the action of city staff or take such other action as the city council deems appropriate.
H. Penalty and Citation. Any person, firm or corporation violating any provision of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punishable as provided by law.
(Ord. 1883 NCS §1, 1992.)