Chapter 12.30
SIDEWALK USE PERMITS
Sections:
12.30.010 Purpose and applicability.
12.30.030 Authorizing officials.
12.30.050 Filing of application.
12.30.060 Form of application.
12.30.070 Processing of applications.
12.30.080 Approval—Considerations.
12.30.090 General requirements.
12.30.100 Specific requirements—Sidewalk cafes.
12.30.110 Liability insurance.
12.30.120 Permit duration, revocation, and public place restoration.
12.30.130 Authority to remove occupancy.
12.30.160 Expressive activities exempt.
12.30.010 Purpose and applicability.
In an effort to enhance street life of the city and serve both an economic development purpose as well as enhance the livability of the city’s urban core, certain uses in the public right-of-way may be allowed in the city’s downtown.
The provisions of this chapter shall apply exclusively to the sidewalk area lying immediately adjacent to a commercial building containing a currently licensed, operating retail business engaged in the sales of goods and merchandise, services, or the business of food service establishment located on North Columbia Avenue, north of East Gum Street and south of West Clark Street. Items placed by the city such as refuse containers, clocks, planters, landscaping, benches, bicycle racks, flagpoles, and traffic-control devices do not require a sidewalk use permit but must be taken into consideration if present when an application is being submitted. (Ord. 1002 § 1 (part), 2019).
12.30.020 Permit required.
A sidewalk use permit is required to encroach upon any portion of the public right-of-way, and use any part of the sidewalk area for:
(a) The display and/or sale of merchandise;
(b) The placing of tables and chairs; and/or
(c) The operation of a sidewalk cafe, as defined herein. (Ord. 1002 § 1 (part), 2019).
12.30.030 Authorizing officials.
The planning/building clerk and the public works director, or their respective designees, shall jointly review and issue decisions concerning applications for a sidewalk use permit under this chapter. (Ord. 1002 § 1 (part), 2019).
12.30.040 Definitions.
(a) “Sidewalk cafe” means a portion of the sidewalk area in the public right-of-way, used by patrons for consuming food or beverages, which may include alcoholic beverages, that is operated by a food service establishment located on abutting property.
(b) “Tables and chairs” means tables and chairs set out on the sidewalk adjacent to a business. While available to their patrons, these tables and chairs are open for use by the general public, table service may not be provided, and alcohol cannot be consumed or served.
(c) “Merchandise displays” means the display and sales of goods and merchandise, or services, of a like kind and quality that is displayed and offered for sale within the abutting commercial building. (Ord. 1002 § 1 (part), 2019).
12.30.050 Filing of application.
An applicant, or agent authorized to submit an application on behalf of an applicant, may file an application for a permit to use the sidewalk area to:
(a) Place merchandise displays on the sidewalk.
(b) Place tables and chairs on the sidewalk.
(c) Place a sidewalk cafe on the sidewalk. (Ord. 1002 § 1 (part), 2019).
12.30.060 Form of application.
Applications shall be on a form provided by the city and applicants shall include a drawing (site plan) of the proposal which identifies the square footage of the proposed encroachment and an accurate description of:
(a) The proposed use;
(b) The sidewalk or defined portion of the sidewalk to be used;
(c) Any existing public improvements, utilities, or structures in the vicinity of the area to be used and any trees that may be affected;
(d) The plans and specifications for any equipment, utility, or structure (including but not limited to heating appliances, tables, chairs, railings, and fences) proposed in or on the sidewalk;
(e) The anticipated periods of use during the year and the proposed hours of daily use, including Saturdays, Sundays, and holidays; and
(f) Other requested information specific to the application as required by the authorizing officials. (Ord. 1002 § 1 (part), 2019).
12.30.070 Processing of applications.
(a) The authorizing officials identified in Section 12.30.030 shall examine each application for a permit for compliance with the Connell Municipal Code, including the approval criteria set forth in this chapter.
(b) The authorizing officials may jointly approve, approve with conditions or deny an application submitted under this chapter. The decision of the authorizing officials shall be in writing. Decisions may be appealed in accordance with Section 12.30.150. (Ord. 1002 § 1 (part), 2019).
12.30.080 Approval—Considerations.
(a) If the application is found to conform to the requirements of the Connell Municipal Code and the proposed use will not unreasonably interfere with the rights of the public, the authorizing officials may approve the application; fix the duration and the terms or conditions of the permit; and, when required, upon the applicant’s furnishing of a deposit or surety bond, insurance, covenant, and indemnification, and payment of any applicable fees, issue the permit. The original permit shall remain in the custody of the city, and a copy shall be given to the permittee and shall be visibly posted at the site.
(b) The permit shall specify the portion of the sidewalk that may be occupied, the dates or days and hours of use, and the allowed use. The permit shall only be valid for the portion of the sidewalk, the dates or days and hours of use, and the use as identified on the permit.
(c) Factors for consideration in evaluating an application for a permit include, but are not limited to, the site and its terrain; the public and private benefits of the proposed use; and the impact of the proposed use on the following:
(1) The paramount purpose of street and sidewalk area for travel and transportation, specifically including without limitation pedestrian access, use rights, and safe sight distance considerations and the Americans with Disabilities Act requirements;
(2) Utilities; authorized secondary street uses; and any use being made by the public of the site;
(3) Fire access and public safety;
(4) Uses under permit; street trees; and other proposed or past uses of the site;
(5) Rights of light, air, and access and lateral support of abutting properties and/or access or easements of properties dependent upon the public place for access;
(6) The environment;
(7) The city’s “Complete Streets” policies;
(8) Requirements of the state building code, including but not limited to all provisions related to disabled accessibility and barrier-free design requirements;
(9) Drainage; and
(10) Where applicable, city land use, transportation, open space, and beautification regulations and policies. (Ord. 1002 § 1 (part), 2019).
12.30.090 General requirements.
(a) A minimum area of the sidewalk shall be reserved for pedestrian use not less than five feet in width or the minimum width required by applicable local, state and federal law, whichever is greater, and shall be within the area between the curb/bollards and the adjacent building, and shall be for the entire width of said building. Such pedestrian area shall be maintained free and clear of all obstructions at all times and shall allow for a continuous walkway along the entire front of the building, connecting with pedestrian walkway areas, if any, on both ends thereof.
(b) No permanent or fixed improvements (i.e., a railing or other obstruction) may be installed within the sidewalk area.
(c) Pedestrian entrances to all buildings shall intersect with such pedestrian walkway areas, shall be not less than forty-two inches in width, and shall be maintained free and clear of all obstructions at all times. In addition, no obstruction shall be placed in a manner that impedes persons from entering or exiting parked vehicles.
(d) The public works director is hereby authorized to promulgate administrative standards, consistent with this chapter, for the use of sidewalk areas. (Ord. 1002 § 1 (part), 2019).
12.30.100 Specific requirements—Sidewalk cafes.
(a) The permittee shall maintain the sidewalk cafe and all adjoining and abutting public places free of all refuse of any kind generated from the operation of the sidewalk cafe and the permittee’s business.
(b) Only materials and supplies used by the permittee for the daily operation of the sidewalk cafe may be located within the sidewalk cafe and the permittee shall not store other supplies or other materials in the sidewalk cafe or adjoining public places unless authorized by separate city permit or approval.
(c) The surface of the adjoining public place shall not be altered, and fixtures of any kind shall not be installed in the public place unless authorized by a street use permit.
(d) A sidewalk cafe shall not be secured to any public amenity unless authorized by a street use permit.
(e) The permittee shall temporarily remove the sidewalk cafe and clear the public place as the authorizing officials deem necessary to temporarily accommodate access to abutting properties or utilities.
(f) The permittee is responsible for ensuring that the sidewalk cafe does not encroach into the roadway or cause pedestrians to divert from the pedestrian zone.
(g) The permittee shall not operate the sidewalk cafe in a way that restricts or interferes with access to the abutting property; prevents the use of the sidewalk area for pedestrian traffic, including without limitation use by disabled persons; creates a nuisance or hazard to public health, safety, or welfare; increases traffic congestion or delay; or constitutes an obstruction for fire, police, or sanitation vehicles.
(h) The permittee shall immediately remove the sidewalk cafe when ordered by the authorizing officials or by the police chief.
(i) Liquor, as defined in RCW 66.04.010(25), as now existing or as amended, may only be used or sold at a sidewalk cafe if authorized by approval issued by the Washington State Liquor and Cannabis Board. (Ord. 1002 § 1 (part), 2019).
12.30.110 Liability insurance.
(a) All permittees of a sidewalk use permit under this chapter shall, prior to being granted such permit, enter into an agreement with the city of Connell in which they agree to defend, indemnify and hold harmless the city, its officers, officials, employees and volunteers from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property arising by reason of their use and/or occupancy of the sidewalk for such purposes, except only such injury or damage as shall have been occasioned by the sole negligence of the city.
(b) Such agreement shall be in a form approved by the city and shall contain such other reasonable provisions as the city may require in its sole discretion. At all times during the duration of such permit, the permittee shall maintain commercial general liability insurance of not less than one million dollars per occurrence, two million dollars general aggregate, and two million dollars products-completed operations aggregate limit naming the city of Connell as an additional insured.
(c) The permittee shall procure and maintain, if applicable, liquor liability insurance in the amount of one million dollars each occurrence. The city of Connell shall be named as an additional insured on liquor liability insurance.
(d) The permittee shall furnish the city with original certificates of insurance and a copy of the amendatory endorsements, including the additional insured endorsement, evidencing the insurance requirements of the applicant before issuance of the permit. (Ord. 1002 § 1 (part), 2019).
12.30.120 Permit duration, revocation, and public place restoration.
(a) A sidewalk use permit shall expire automatically upon the earlier of:
(1) If the business changes ownership; or
(2) If the business license for the business expires and is not renewed.
(b) The authorizing officials may revoke the street use permit if the permittee is found to be in noncompliance with any permit conditions; the ownership or business has changed; or the space is needed for transportation, utility, or any other public-use purpose.
(c) The authorizing officials may modify the conditions of sidewalk use permit, including permitted hours or days of operation, after providing the permittee with written notice ten days before modifying the sidewalk use permit. A copy of the modified sidewalk use permit shall be mailed by first-class mail to the permittee at the address listed on the sidewalk use permit application.
(d) All use authorizations approved under the provisions of this chapter shall be of a temporary nature and shall vest no permanent right; and may in any case be revoked upon thirty calendar days’ notice; or without notice, in case any use or occupation is dangerous or any structure or obstruction permitted is insecure or unsafe; or is not constructed, maintained, or used in accordance with the provisions of the Connell Municipal Code. Without prejudice to the foregoing, the city may immediately terminate or suspend a permit issued under this chapter if the sidewalk area in question is required for a public purpose, specifically including without limitation a public works project of the city or another governmental entity.
(e) If a permit to use a sidewalk area is revoked or terminated, the sidewalk area shall be restored by the permittee, at the permittee’s expense, to the condition that existed prior to permittee’s use. (Ord. 1002 § 1 (part), 2019).
12.30.130 Authority to remove occupancy.
If any structure, obstruction, use, or occupancy is not discontinued on notice from the city to do so, the city may:
(a) Prohibit its further use;
(b) Remove it from the public place;
(c) Make repairs to it as may be necessary to render it secure and safe at the expense of the permittee or the permittee’s successor or user responsible for the structure, obstruction, use, or occupancy; and/or
(d) Collect from the permittee all expenses incurred in rendering it secure and safe and restoring the public place in the manner provided by law. (Ord. 1002 § 1 (part), 2019).
12.30.140 Permit—Fees.
Permit fees under this chapter may be established by the city’s master fee schedule. (Ord. 1002 § 1 (part), 2019).
12.30.150 Appeals.
An applicant may appeal any written decision of the authorized officials issued under this chapter to the hearing examiner by filing a written statement with the city clerk no later than ten working days after the date of such decision. Payment of the appeal fee, as specified in the city’s master fee schedule, shall occur at the time the appeal is filed. The hearing examiner shall consider such appeal at an open record hearing and issue a written decision within ten working days of the date of such hearing. The decision of the hearing examiner shall be final and not subject to further administrative appeal. (Ord. 1002 § 1 (part), 2019).
12.30.160 Expressive activities exempt.
Nothing herein shall be construed and/or enforced in a manner that violates the constitutional rights of free expression as defined by applicable federal and state law. (Ord. 1002 § 1 (part), 2019).