Chapter 17.93
USE OF PUBLIC PROPERTY
Sections:
17.93.030 Storm water management.
17.93.080 Public ways and public property.
17.93.010 General.
A. Any such use of any public street, sidewalk, alley, or any other public right-of-way for any reason or purpose shall require an application to the Chehalis public works department for such usage.
B. In reviewing a right-of-way permit application, the public works department may require the approval of other city departments or agencies for such usage prior to consideration by public works.
C. The public works director may waive the requirement for a right-of-way permit application when the usage proposed is of a minor nature, or of a short duration, or so relatively nonsignificant so as to not cause an obstruction or hazard on a public way.
D. Public works shall attach such conditions of usage to any right-of-way permit as it deems necessary and appropriate under the applicable circumstances to protect the public interest in the public way, consistent with the development engineering standards.
E. Any use of any public right-of-way which is not consistent with the requirements of this title, the development engineering standards or any conditions of approval shall constitute a public nuisance and shall be abated as provided in CMC 7.04.130.
F. Upon discovery of any hazardous condition, unlawful or unpermitted use, or any situation upon any public right-of-way determined by the public works director to be an imminent threat to the health, safety or life of any citizen, the public works director may summarily abate the nuisance condition by revoking any right-of-way permit which may have been issued, and ordering the vacation of such usage or condition from the public way. Nothing shall prevent the use by the director of law enforcement personnel to effect such abatement. [Ord. 819B § 13, 2007; Ord. 720B § 1, 2002.]
17.93.020 Moving buildings.
A. Any building which is moved onto or on any public right-of-way, and which building is not a legal load on, or as, a licensed motor vehicle, truck or trailer, shall obtain a “house moving” permit from the public works department prior to such moving.
B. Any required house moving permit application shall be submitted to the public works department along with the required application fee identified in Appendix Chapter A. Such application shall also constitute a demolition permit application to the building division for review and approval.
C. The public works department shall specify any conditions of approval relating to the nature and scope of the proposal, and note such conditions on an approved permit. Such conditions shall become mandatory elements of the performance of the project.
D. The public works department shall require a copy of a properly issued demolition permit for the subject building, and a properly issued building permit if such building is to be relocated within the jurisdiction of the city, prior to issuing any house moving permit for the subject building. [Ord. 720B § 1, 2002.]
17.93.030 Storm water management.
A. All development permit applications for new development, additions to existing buildings, substantial remodel or substantial repair upon private property, or any development upon public property, shall identify the manner of on-site storm water management and conveyance to a public storm water utility system.
B. All storm water management systems and methods of conveyance and discharge to any public utility system shall be consistent with the development engineering standards, and shall be approved by the public works department prior to issuance of any development permit. [Ord. 819B § 13, 2007; Ord. 720B § 1, 2002.]
17.93.040 Portable signs.
A. No portable signs shall be placed upon any public right-of-way or public property except:
1. Any such sign approved by the public works department by issuance of a right-of-way permit;
2. Any sign placed by a contractor for traffic control purposes when approved by the public works department;
3. Any sign identified in a parade permit application or other such approved usage of a right-of-way;
4. Commercial advertising signs approved by the development review committee and consistent with subsection (B) of this section;
5. Official signs placed by a government or other authorized agency acting in its official capacity; or
6. Emergency signs placed by any authorized emergency management personnel (e.g., police officer, fire fighter, public works director, etc.) responding to any situation where the life, safety or health of any citizen is in imminent danger.
B. When approved, portable commercial advertising signs placed upon public sidewalks shall comply with the design criteria specified in Appendix Chapter Q, and the following:
1. The sign must be located within the central business district (CBD) zone (see Division V of this title and the zoning map).
2. Application for a right-of-way permit must be filed with the public works department for use of a public sidewalk. No sign shall be placed upon any sidewalk without a right-of-way permit having been issued therefor.
3. There must be no reasonable place to locate such sign either on the private property or between a sidewalk and a curb line.
4. There must be a wall of a building immediately adjacent to the sidewalk for at least 50 percent of the length of the subject property. On a corner lot, each side will be reviewed independently.
5. Permitted signs must be located immediately adjacent to the wall of the business being advertised, located within the frontage of the subject business property, and maintain a minimum of 60 inches of clear, unobstructed sidewalk surface width around the side of the sign opposite the building wall. Areas where motor vehicles may obstruct the walking surface (angle parking) shall consider a 30-inch distance across the sidewalk from the curb line as an obstructed area (front of parked vehicles). This area may not be used in the calculation of clear, unobstructed area.
6. Signs which do not comply with the standard design criteria (Appendix Chapter Q) may be approved by the development review committee on a case-by-case basis upon showing of reasonable cause.
7. Permitted signs shall be allowed on public property only during the actual hours of operation of the subject business.
8. Not more than one portable sign for any business shall be allowed upon public property.
9. For purposes of administering this section, a “sidewalk” shall mean the improved surface of concrete or asphalt 60 inches or more in contiguous width, designed and constructed to accommodate pedestrians. [Ord. 720B § 1, 2002.]
17.93.050 Permanent signs.
A. No permanent sign shall be erected or constructed within any public right-of-way unless such sign is approved by the public works department by issuance of a right-of-way permit.
B. No permanent sign shall be erected upon or within any public property unless such sign is approved by the city department having control and jurisdiction over the subject property. [Ord. 720B § 1, 2002.]
17.93.060 Eviction.
A. Nothing herein shall prevent any law enforcement officer, or properly authorized owner of any rental premises, from exercising their right or obligation of eviction.
B. Personal property which may be placed upon any right-of-way or any other publicly owned property as the result of any eviction process shall be considered abandoned property upon a public way and a public nuisance, and shall be abated by the city.
C. Any personal property remaining upon any right-of-way or publicly owned property for more than 24 hours as a result of any eviction process shall be removed from the right-of-way or public property by the city.
D. Any personal property acquired by the city as a result of abatement of a public nuisance as provided in this section shall be destroyed or otherwise disposed of as directed by the chief of police. The city shall not be required to hold such property for more than 72 hours.
E. Any person claiming ownership of, and/or the return of, any personal property acquired by the city as provided in this section shall first pay to the city the cost of abatement of the public nuisance condition as determined by the chief of police. [Ord. 766B, 2004; Ord. 720B § 1, 2002.]
17.93.070 Parade.
A. Any organization registered with the state may apply for use of a public right-of-way for an organized parade. Such application shall be on a form provided by the city and submitted to the public works department.
B. The public works department shall require the approval of the chief of police prior to issuing any parade permit.
C. The applicant for any parade permit shall make arrangements for all required traffic control devices, personnel and/or detour routes with the director of public works and the chief of police.
D. Any organization authorized by a parade permit to occupy any right-of-way for such parade shall be subject to any and all costs occasioned by the city for such occupancy. Any damage to city property as a result of any parade shall be promptly repaired by the permit holder at the direction of the public works director.
E. Any parade activity which does not hold an approved parade permit shall constitute a public nuisance and may be summarily abated by the city. [Ord. 766B, 2004; Ord. 720B § 1, 2002.]
17.93.080 Public ways and public property.
A. Any organization registered with the state which is desirous of using any public way or public property, other than any right-of-way, any public utility property or any public park, for any purpose constituting “development’ (see definition, CMC 17.06.270), may submit an application for a use permit for such usage to the director of community development. Such application shall be submitted on forms prescribed by the director, be submitted at least 30 days but not more than 90 days prior to the date of the intended usage, and include such information as the director shall require for appropriate review and disposition thereof.
B. The director shall submit such use permit application to the DRC for review and comments prior to issuance of any approval, conditional approval or denial of such application. Any suggested conditions of approval that may be submitted by any other department or division shall be considered by the director in his/her decision.
C. Any additional permitting or approval required for the requested use by any other department, division or agency shall be accomplished prior to any final approval by the director. The applicant shall be responsible for ascertaining all required permit and/or approval processes, and allowing sufficient lead time for appropriate response by the city and/or agency involved.
D. All of the applicable criteria contained in Appendix Chapter Y, “Criteria for Review and Decision of Specialized Permits and Approvals,” shall be used by the director in making decisions about such an application. The director shall not issue any permit for proposals inconsistent with said criteria.
E. The applicant is solely responsible for the setup, maintenance, operation and takedown of the approved “development.”
F. Prior to issuing any use permit under this section, the applicant shall execute a hold harmless agreement approved by the city attorney. Such agreement shall also provide for an insurance rider or other approved vehicle naming the city of Chehalis as an additional insured entity under the applicant’s applicable insurance policy. Such agreement may also specify the dollar amount of any utility costs or other fees associated with the proposal and consistent with the approval criteria.
G. Any person aggrieved by the approval or denial of such an application, or the issuance of a use permit therefor, may appeal the director’s decision to the city council. Such an appeal must be in writing, and contain substantially the information required by CMC 17.09.160 (form of appeal).
H. Any “development” upon any public way or public property which does not hold an approved permit therefor shall constitute a public nuisance and may be summarily abated by the city. [Ord. 810B § 6, 2006; Ord. 769B § 24, 2004.]
17.93.090 Public parks.
No public park shall be used for any “development” by any person. The director may from time to time enter into an agreement with an organization to perform “development” located in city parks under specified criteria for the benefit of the city. Lawful use of city parks, rental buildings, recreational facilities, ballfields, etc., by individuals or organizations for their intended purpose will not constitute “development.” [Ord. 769B § 25, 2004.]