Chapter 12.05
SIDEWALK USE DISTRICT

Sections:

12.05.010    District established.

12.05.020    Uses allowed.

12.05.030    Zones created.

12.05.040    Process for review of sidewalk uses.

12.05.050    Adoption of standards.

12.05.060    Temporary discontinuance of use within pedestrian zone.

12.05.070    Vested rights not created.

12.05.080    Compensation.

12.05.090    Use modification.

12.05.100    Enforcement/use revocation.

12.05.110    Appeals.

12.05.120    Insurance.

12.05.130    Indemnification.

12.05.140    Fees.

12.05.150    Modification of areas.

Exhibit A    Issaquah Highlands vicinity map.

Exhibit B    Issaquah Highlands sidewalk use and design standards and guidelines.

12.05.010 District established.

The City hereby establishes a sidewalk use district within the portions of the Issaquah Highlands shown on Exhibit A following this chapter and incorporated herein by this reference as if set forth in full. (Ord. 2421 § 1, 2005).

12.05.020 Uses allowed.

Subject to the conditions and limitations set forth in this chapter, the City will allow use of the sidewalk right-of-way by adjacent property owners, tenants, or invitees within the sidewalk district established in this chapter. In no circumstance will uses or encroachments be allowed within the section of the right-of-way utilized by vehicular traffic. (Ord. 2421 § 1, 2005).

12.05.030 Zones created.

Sidewalk uses are divided into 2 zones. Uses proposed within 8 vertical feet of the sidewalk shall be known as the pedestrian zone. Uses proposed which are greater than 8 vertical feet of the sidewalk shall be designated the aerial zone. (Ord. 2421 § 1, 2005).

12.05.040 Process for review of sidewalk uses.

The City shall review all proposed sidewalk uses as part of the City’s site development or building permit for the structure to which the use is attached or associated. If the sidewalk use has been modified or is requested after approval of site development permit, the applicant may request that the sidewalk use be reviewed as an administrative decision as set forth in Appendix L of the Issaquah Highlands Development Agreement. (Ord. 2421 § 1, 2005).

12.05.050 Adoption of standards.

The sidewalk use and design standards and guidelines set forth as Exhibit B following this chapter and incorporated by this reference as fully as if herein set forth are hereby adopted. (Ord. 2421 § 1, 2005).

12.05.060 Temporary discontinuance of use within pedestrian zone.

The sidewalk uses within the pedestrian zone may be temporarily suspended by the City for such activities as utility maintenance, construction or repair. The responsible official shall provide 30 days’ advance notice to the permittee, unless an emergency situation exists. (Ord. 2421 § 1, 2005).

12.05.070 Vested rights not created.

The grant of sidewalk uses pursuant to this chapter shall be subject always to the City’s ownership of the right-of-way and the public health, safety, convenience and necessity. Grant of a sidewalk use shall not constitute a street vacation. No vested rights shall be created by grant of any sidewalk use. Such limitation shall be prominently displayed on all permits issued pursuant to this chapter. (Ord. 2421 § 1, 2005).

12.05.080 Compensation.

Sidewalk uses in the pedestrian and aerial zones shall not be required to pay compensation for use of public property since such uses are either utilized by the public or benefit the public streetscape. (Ord. 2421 § 1, 2005).

12.05.090 Use modification.

The use may be modified based on the following conditions:

A. The use may be modified by the responsible official if the permitted use impairs the public health and safety.

B. The High Street Association shall review the uses within the pedestrian zone every 5 years to determine if permitted uses unreasonably interfere with pedestrian passage, due to change in circumstance, the evolution of pedestrian patterns, etc. The Association shall provide a report to the City regarding its 5-year review, including findings and recommendations for any modifications of use. Based on this report, the City may require particular permitted uses to be modified to maintain adequate pedestrian passage. (Ord. 2421 § 1, 2005).

12.05.100 Enforcement/use revocation.

The City may modify or revoke the sidewalk uses. The City shall deliver written notice of any violation of the scope, terms or conditions of the use. The notice shall specify the corrective actions required and the timing for such correction. A permittee may appeal the determination that a violation has occurred or the corrective action is required, pursuant to IMC 12.05.110. If the permittee fails to correct the violation as set out in the City’s notice, then the use may be revoked if the following applies:

A. The use may be immediately revoked by the responsible official in the event of a repeated violation of the scope, terms or conditions of the permit/decision.

B. The use may be immediately revoked by the responsible official if the permitted use impairs the public health and safety. (Ord. 2421 § 1, 2005).

12.05.110 Appeals.

The permittee shall have the right to appeal the City’s determination under this chapter to the Hearing Examiner as provided in IMC 18.04.250. (Ord. 2421 § 1, 2005).

12.05.120 Insurance.

The permittee must secure and continuously maintain in full force and effect throughout the duration of the use, comprehensive general liability insurance for bodily injury and property damage in the minimal amount of $1,000,000 and shall have the City of Issaquah named as an additional insured on the policy of insurance. Said insurance shall include a provision prohibiting cancellation or reduction in coverage of said policy except upon 30 days’ prior written notice to the City. The amount of the insurance policy may be adjusted on an annual basis by the City. Notice of such adjustment shall be given in writing to the permittee. (Ord. 2421 § 1, 2005).

12.05.130 Indemnification.

The permittee must sign an agreement approved in form by the City Attorney which will indemnify, defend and hold harmless the City from any and all claims for bodily injury or property damage that may arise out of the permittee’s use of the City right-of-way. (Ord. 2421 § 1, 2005).

12.05.140 Fees.

Fees for review of sidewalk uses shall be set forth in the City’s fee ordinance. (Ord. 2421 § 1, 2005).

12.05.150 Modification of areas.

Exhibit A (Location of Sidewalk Use District) may be modified by the Responsible Official to add locations if the following certain criteria are met:

A. A residential use within Development Area 4 or any nonresidential or mixed use projects (nonresidential and residential uses) anywhere in Issaquah Highlands;

B. The neighborhood type is Traditional Townscape;

C. The proposal is consistent with the intent, scale, and character of the uses involved; and

D. The proposal does not negatively impact any safety features of the project, nor create any hazardous features.

The modification will be processed as an administrative minor modification per the Two-Party Agreement, Appendix M, Sections 2.1.11 or 2.1.12. (Ord. 2493 § 3, 2007).

Exhibit A

(Ord. 2493 § 2, 2007; Ord. 2421 Exh. A, 2005).

ISSAQUAH HIGHLANDS SIDEWALK USE AND DESIGN STANDARDS AND GUIDELINES

FEBRUARY 2005

Issaquah Highlands is a community where the pedestrian is of primary importance. A good walking environment for shopping and service areas is a key aspect of a strong pedestrian system. In particular, providing services and uses on or above the sidewalk gives the sidewalk a stronger sense of life and vitality. For the retail areas in Issaquah Highlands to achieve what is envisioned in the design guidelines, the sidewalk must be a place of interest, activity, and function, in addition to a corridor for walking from one place to another.

These guidelines and standards are intended to guide how various uses are to occur within the right-of-way. They are not intended to act as aesthetic guidelines or standards (that review will occur with Architectural Review Committee approval), and do not supplant other guidelines or standards such as urban design guidelines or signage standards, which may also affect the design of features in the right-of-way. In particular, Town Center design guidelines (currently under development) will address aesthetic issues within Town Center.

Sidewalk uses fall into 2 zones: uses proposed within 8 vertical feet of the sidewalk (pedestrian zone), and uses proposed which are greater than 8 vertical feet of the sidewalk (aerial zone).

PEDESTRIAN ZONE

The following standards and guidelines apply to uses within 8 vertical feet of the sidewalk. All private use of the pedestrian zone is subject to these standards and guidelines.

Standards

Adjacency to interior use

Sidewalk uses which are related to an interior use should not extend laterally to occupy areas in front of adjacent interior uses, beyond the sidewalk frontage of said interior use, unless authorized in writing by both the tenant and property owner of the affected adjacent frontage.

Permanent uses

Subject to other standards and guidelines, permanent above-ground projections of the building (bay windows, stairs, etc.) into the pedestrian zone are limited to 3 feet from the building side edge of the sidewalk. Permanent items in the pavement, such as special pavers, may extend the width of the sidewalk.

Maintenance and cleaning

The entity responsible for use shall maintain sidewalk use area in the pedestrian zone in a clean and safe condition at all times. Any refuse originating from the use onto adjacent street right-of-way shall be removed by the using entity in a timely manner.

Maintenance of sight triangle

Sidewalk uses shall comply with City street standards regarding sight triangle obstructions at intersections.

Pedestrian clear area

Uses shall be placed so as to maintain a clear path of travel with (a) a minimum width of 5 feet within the sidewalk, and (b) no more than 30 degree changes of direction for travel along the sidewalk (see Illustration A). The clear area shall include the area that the person or object using various sidewalk features would require (i.e., person standing at public phone, person sitting in chair, bicycle locked to bike rack, etc.).

Visibility of uses

Uses should be reasonably visible to pedestrians. For example, narrow items, such as supports to entrance canopies, should be located at least 2 feet from the 5-foot clear travel path, or in conjunction with larger, more visible items, such as potted landscaping, to enhance visibility.

Separation from curb

Uses shall be placed no closer than 2 feet from the curb face (see Illustration A).

Clear distance from fire hydrants and utility meters

Uses shall be placed a minimum of 3 feet from any fire hydrants, utility meter boxes, or other utility features. Clear routes across the sidewalk shall be provided to any fire hydrants on or close to the building side edge of the sidewalk.

Fencing

Unless otherwise determined by the responsible official, any fencing of outdoor cafes shall be limited to 36 inches high maximum, and shall reasonably allow visibility through the fencing.

Guidelines

All proposed sidewalk uses shall comply with the following guidelines:

Encouraged:

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Uses which promote the sociable public realm and encourage active use of the sidewalk zone.

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Easy pedestrian flow, accessibility to businesses, and accessibility to automobiles in on-street parking.

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Uses which support and encourage the interactivity between ground floor retail uses and the sidewalk.

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Consider opportunities to locate uses out of the prevailing wind directions, take advantage of sunny areas, etc., where feasible.

The following uses are encouraged within the pedestrian zone, subject to the standards and guidelines contained herein:

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Cafe tables and chairs;

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Produce stands;

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Merchandise racks/displays;

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Free-standing umbrellas;

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Potted landscaping;

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Entrance canopies;

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Information kiosks;

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Artwork;

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Seating walls;

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Play structures;

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Gathering places;

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Fountains;

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Flagpoles

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Specialty pavers;

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Stair landings;

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Portable espresso/hot dog carts;

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Drinking fountains;

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Bus shelters;

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Privately maintained refuse cans (not including curbside pickup);

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Privately maintained recycling containers (not including curbside pickup);

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Banners;

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Hanging flower pots;

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Benches;

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Mailboxes;

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Newspaper boxes;

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Bike racks;

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Public pay phones;

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Freestanding signs;

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Other uses determined by the responsible official to enhance the pedestrian environment.

Discouraged:

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Sidewalk uses which compromise the safety of the pedestrian or public.

AERIAL ZONE

The following standards and guidelines apply to uses above 8 vertical feet of the sidewalk. All private use of the aerial zone must comply with these standards and guidelines.

Standards

Depth from curb

Subject to other standards and guidelines, the aerial zone is limited to the area between 4 feet from the face of curb to the building side edge of the sidewalk, with the following exceptions:

•    

Canopies and awnings may extend to within 2 feet of the face of curb, so long as they are removable.

•    

Architectural detailing or cornice treatments that are greater than 25 feet vertical of the sidewalk may extend to within 2 feet of the face of curb.

•    

Aerial uses shall not be placed where they may conflict with existing utilities (streetlights, traffic signals, etc.). Aerial uses shall not significantly conflict with street trees at their fully mature size, assuming reasonable pruning, to accommodate the use without compromising the health of the tree, as determined by a qualified arborist.

Safety

Protrusions within the aerial zone shall be designed to minimize the potential for items detaching or falling into the pedestrian zone or street surface. Balcony railings, for example, shall be designed so that items such as glasses cannot be left on the railing and knocked off.

Guidelines

All proposed aerial sidewalk uses shall comply with the following guidelines:

Encouraged:

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Uses which help provide a sense of life to the sidewalk and street.

•    

Uses which allow for increased articulation of the building facade.

The following are encouraged within the aerial zone:

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Signage;

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Balconies;

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Window boxes;

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Bay windows;

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Architectural detailing;

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Banners;

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Awnings;

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Canopies;

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Pedestrian weather protection;

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Marquees;

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Building overhangs;

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Roof overhangs;

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Cornices;

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Other building features which enhance the architecture of the building or the pedestrian environment, as determined by the responsible official.

Discouraged:

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Uses which unduly limit visibility of ground floor retail uses.

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Uses which might decrease pedestrian safety.

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Lighting which creates spillover, source, or night glow impacts that are incompatible with the Town Center context.

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Window-mounted air conditioners.