Chapter 15.35
CONSTRUCTIONS UPON SIDEWALKS ON ARTERIAL STREETS

Sections:

15.35.010    Definitions.

15.35.020    Freestanding structures prohibited.

15.35.030    Posts upon sidewalks.

15.35.040    Standards for posts.

15.35.045    Obstructions between posts.

15.35.050    Other constructions.

15.35.055    Applicability of other laws.

15.35.010 Definitions.

“Arterial street” means all public streets within the city of Burns which comprise a portion of U.S. Highway 20 or 395, or Oregon Highway 78; any portion of any street which is or hereafter may become a part of the right-of-way of a state or federal highway; and any other street hereafter declared by the city council by resolution to be an arterial street. [Ord. 771 § 2, 2004]

15.35.020 Freestanding structures prohibited.

(1) No person may erect a structure upon or attach any thing to a sidewalk, unless it is attached or is an accessory to the adjacent building or premises.

(2) Notwithstanding the preceding subsection, the city may erect on sidewalks, or permit to be erected thereupon, fire hydrants, drinking fountains (whether for use by people or by domestic animals), trees, bus shelters, utility posts, street lamps, newspaper boxes, bicycle racks, litter barrels, postal and courier service collection boxes, and other objects of public convenience. All such objects shall be placed within four feet of the curb. [Ord. 771 § 2, 2004]

15.35.030 Posts upon sidewalks.

Every structure constructed upon or above a sidewalk must be supported by posts or columns only, or it must be cantilevered out from the face of an adjacent building without physical attachment to the sidewalk. [Ord. 771 § 2, 2004]

15.35.040 Standards for posts.

All posts fixed to sidewalks must meet the following standards:

(1) Posts shall be:

(a) No closer than six feet to the wall of the adjacent building; or

(b) No closer than eight feet to the point at which the curb meets the sidewalk.

(2) Posts shall be sufficiently tall to provide at least seven feet of clearance between the sidewalk and the lowest point of the awning or roof above the post.

(a) No object may be placed upon or suspended from any awning or roof above a post, or from the post itself, which reduces vertical clearance to less than seven feet.

(3) Posts shall be no smaller than four inches square or four inches in diameter, and no larger than eight inches in diameter.

(4) Posts shall be spaced no closer than six feet from one another, and posts shall be spaced no further than 12 feet from one another. No horizontal elements may be placed between posts, or between a post and a building wall.

(5) Posts shall be faced or finished in some manner. [Ord. 771 § 2, 2004]

15.35.045 Obstructions between posts.

No moveable object may be placed, either permanently or temporarily, upon a sidewalk to which posts have been affixed which results in there being less than a six-foot-wide unobstructed travel path upon that sidewalk. Such travel path must be in a straight line the width of the entire city block; or if it meanders, it must do so in a manner which permits easy passage along the width of the entire city block by two pedestrians walking abreast in a normal manner. [Ord. 771 § 2, 2004]

15.35.050 Other constructions.

No object may be affixed to a sidewalk except as expressly permitted by this chapter, or by other ordinance of the city of Burns. [Ord. 771 § 2, 2004]

15.35.055 Applicability of other laws.

No provision of this chapter shall be construed to limit through implication the applicability of any other city ordinance or building code. [Ord. 771 § 2, 2004]