Chapter 18.63

18.63.010    Findings of fact.

18.63.020    Statement of purpose.

18.63.030    Definitions.

18.63.040    Application procedure.

18.63.050    Fees.

18.63.060    Performance standards.

18.63.070    Floor area calculations for purposes of zoning compliance.

18.63.080    Violations and penalties.

18.63.090    Appeals.

18.63.010 Findings of fact.

The primary purpose of public sidewalks is the free and unobstructed rights of travel. However, the city recognizes that sidewalk dining promotes animation of the downtown environment; complements retail and cultural activities; improves the business climate; and enhances the quality of life for Marysville residents. (Ord. 1299 § 28, 2005: Ord. 1240 (part), 1998).

18.63.020 Statement of purpose.

It is the purpose of this section of the City Code to recognize sidewalk dining as a desirable and beneficial incidental use of public sidewalks, and to provide for such uses under certain circumstances so long as such use is not inconsistent with the underlying dedication for public right-of-way, does not impede travel, and does not interfere with the rights of adjoining property owners. (Ord. 1240 (part), 1998).

18.63.030 Definitions.

Sidewalk. For the purpose of this section, "sidewalk" includes any public walkway, right-of-way, easement, or fee ownership used or available for pedestrian circulation and/or access.

Sidewalk Dining. "Sidewalk dining" is the use of a portion of a public sidewalk for outdoor consumption of food and beverages. This use is a special privilege, not a matter of right, subject to granting of a revocable permit and compliance with performance standards identified herein. Sidewalk dining may be permitted on any public right-of-way subject to review and approval by the city manager or his/her designee. (Ord. 1309 § 8 (part), 2007; Ord. 1240 (part), 1998).

18.63.040 Application procedure.

(a)    A request for a revocable permit for sidewalk dining shall be submitted to the planning department accompanied by a reproducible site (plot) plan and elevation drawings of the proposed outdoor dining facilities.

(b)    The site plan must show the locations of tables, chairs, accessory service facilities, proposed perimeter barrier element (fencing), and any fixed elements within a twenty-five-foot radius of the subject outdoor area. Fixed elements include light/sign poles/posts, trees/landscape strips, traffic lights, parking meters, raised planter curbs, tree-wells, pots, waste containers, postal units, fire hydrants, etc. The site plan must show the "clear zone" dimension from the outer perimeter of the outdoor dining area to the nearest sidewalk fixtures, pursuant to the requirements specified herein.

(c)    The elevation plans must show front and side view of outdoor dining facilities including all proposed above-grade improvements such as planter boxes, awnings, tables, and chairs.

(d)    All plans must be fully and accurately dimensioned.

(e)    The application must also include pictures or photographs of the proposed outdoor furniture and accessories including tables and chairs, planter boxes, awning and umbrellas, and proposed containment fencing. (Ord. 1240 (part), 1998).

18.63.050 Fees.

Applicants for a sidewalk dining permit shall pay appropriate fees pursuant to the city of Marysville fee schedule. (Ord. 1240 (part), 1998).

18.63.060 Performance standards.

All permits issued to the terms of this section of the municipal code shall conform to all of the following requirements, and no permit may be issued which does not so conform. The sidewalk dining permit is considered the functional equivalent of an encroachment permit and a separate encroachment permit from the city services director shall not be required.

(a)    General. Sidewalk dining shall not obstruct sidewalk pedestrian traffic, or accessibility to vehicles parked adjacent to the curb, or create public health or safety hazards.

(b)    Use Restrictions. Sidewalk dining areas shall be used only as seating areas. Storage, kitchen, or restroom uses are not allowed. Temporary outdoor barbecues may be allowed subject to prior, explicit approval by the city. Live amplified music shall not be allowed. Tables and chairs must be moveable unless otherwise approved by the city. Tables and chairs shall be placed on sidewalks only in conjunction with a use that serves food and/or beverages.

(c)    Sidewalk Clear Zone. A four-foot minimum clear dimension for pedestrian use is required at the outer edge of the sidewalk dining area sufficiently free from encroachments, door swings and sidewalk fixtures to allow free passage of pedestrians.

(d)    Adjacency. Sidewalk dining shall be limited to the sidewalk area adjoining the storefront of the applicant. A permit may only be issued to the operator of a business with store frontage adjoining the use.

(e)    Perimeter Barrier. A decorative perimeter barrier element such as low fencing or planter boxes separating the sidewalk dining area from adjoining pedestrian traffic may be provided. This barrier shall not exceed four feet in height. Permanent attachment of the barrier may be required by the city services director.

(f)    Movable Furnishings. Tables and chairs shall be movable unless otherwise approved by the city services director.

(g)    Shade Elements. Shade elements such as canopies, umbrellas, and awnings are strongly encouraged, and required for sidewalk dining areas with southern and southwestern exposure. Width and height of awning and canopies shall meet UBC requirements. All shade elements must be made of fire-treated or nonflammable materials and shall maintain overhang clearance from the sidewalk clear zone.

(h)    Enclosures. Sidewalk dining areas may not be enclosed.

(i)    Lighting. Sidewalk dining areas may not be utilized after dark unless appropriate lighting is provided. Said lighting shall be subject to prior, explicit approval by the city. Lighting shall not be affixed to any vehicle, tree, or other city property. Decorative/accent lighting may be incorporated into the shade elements.

(j)    Design. The design and materials used in the sidewalk dining area (including the perimeter barrier, shade elements, lighting, furniture, planter boxes, etc.) must complement and be compatible with the architectural design of the restaurant building facade, or as determined by the city, be of a design complementary to and compatible with the Marysville downtown district and add visual interest to the streetscape.

(k)    Appearance. The sidewalk dining area (including perimeter barrier, shade elements, lighting, furniture, planter boxes, etc.) shall be kept by the permittee in a good state of repair and shall be maintained by the permittee in a clean, safe, and sanitary condition. Unless prior, explicit approval has been granted by the city, all removable fixtures and/or obstructions shall be removed from the public right-of-way and stored inconspicuously on the restaurant property during hours of non-use. The sidewalk within one hundred feet of the restaurant and sidewalk dining area shall be monitored for trash that may be produced by the establishment. The employees and owners of the establishment shall be responsible for keeping this area clean of trash generated by the business.

(l)    Sidewalk Surface. There shall be no modification of the texture or surface of the public walkway without prior, explicit approval by the city.

(m)    Proximity to Intersections. No sidewalk dining area may be located within ten feet of an intersection, driveway, or alley, unless that intersection, driveway, or alley has been dedicated for pedestrian use.

(n)    Hours of Operation. The hours of operation of the sidewalk dining area shall not exceed those of the primary use.

(o)    Signs. Signs not in conformance with Chapter 18.64 are prohibited.

(p)    Other Applicable Regulations. The operator and the business shall conform at all time with all other applicable city and other governmental requirements, including without limitation, Americans With Disabilities Act, health and safety regulations, local zoning, and applicable redevelopment regulations.

(q)    Indemnification. As a condition of issuance, the permittee agrees to indemnify, hold harmless, and defend the city and its representatives against liability and/or loss arising from activities connected with and/or undertaken pursuant to the permit. The permittee shall maintain a comprehensive general liability insurance policy at a minimum level to be established by the city manager. This policy must be satisfactory to the city manager and shall name the city as an additional insured. A certificate of insurance shall be provided annually as a requirement of renewal.

(r)    Renewal. The maximum term of a permit shall be for a one-year period, which may be renewed subject to conformance with all terms and conditions of the permit, the standards established in this section of the municipal code, payment of applicable fees, and the provision of a certificate of in-force insurance.

(s)    Transferability. A permit is not transferable to any entity or person and is valid only as to the original applicant.

(t)    No Property Interest. The issuance of a permit does not confer any property interest on the person and/or business to which it applies. The permit is considered temporary and non-permanent in nature, and is subject to suspension or revocation as provided in subsection (u) of this section. The city is not liable for any business loss, property loss, or other damage that may result from any suspension or revocation of the permit and no permittee shall maintain any claim or action against the city, its officials, officers, employees, or agents on account of any suspension or revocation.

(u)    Suspension—Revocation.

(1)    A permit may be temporarily suspended without notice or hearing when the city manager determines, in his/her sole discretion, that the permitted activity interferes with any public safety effort or program, any construction activity, and cleaning or maintenance activity, or any similar activity which is pursued for the health, safety, and welfare of the residents of, and visitors to, the city.

(2)    A permit may be permanently revoked by the city manager upon ten days’ written notice to the permittee, with or without cause. A permittee may appeal the revocation to the city council within ten days of the revocation by filing written notice of appeal with the city clerk. The council shall consider the appeal within thirty days thereafter. However, the consideration by the council is for the convenience of the permittee only and shall not be considered a due process hearing from which any judicial review may be taken. The council may affirm, modify, or annul the action of the city manager.

(v)    Removal of Obstructions. If a permit is suspended or revoked, the city may require the immediate removal of all obstructions to the public right-of-way. If the permittee fails to remove such obstruction(s) in a timely manner, the city may cause the obstructions to be removed and the permittee shall reimburse the city for any costs incurred. (Ord. 1309 § 8 (part), 2007; Ord. 1299 § 29, 2005).

18.63.070 Floor area calculations for purposes of zoning compliance.

Notwithstanding anything in this code to the contrary, permitted sidewalk dining areas shall not be construed to increase the floor area square footage, or number of seats of the business. No parking shall be required for sidewalk dining. Parking requirements shall be based on total indoor seating, not including outdoor seating. (Ord. 1240 (part), 1998).

18.63.080 Violations and penalties.

Any violation of the provisions of this ordinance shall be subject to enforcement under applicable provisions of this code. (Ord. 1240 (part), 1998).

18.63.090 Appeals.

Any person may appeal any decision of the city manager to the city council. Appeals shall be made in writing noting the ground for the appeal, accompanied by a fee in an amount established by resolution, no part of which shall be returnable to the appellant, and addressed to the city council, within ten days of the date of the decision from which the appeal is being made. The appeal shall be considered at the next available regular meeting of the city council. (Ord. 1309 § 8 (part), 2007; Ord. 1299 § 7, 2005).