Chapter 5.60
USE OF SIDEWALKS ON STOREFRONT STREETS WITHIN THE DOWNTOWN MIXED-USE ZONING DISTRICT

Sections:

5.60.010    Purpose.

5.60.020    Definitions.

5.60.030    Commercial sidewalks to be kept clear.

5.60.040    License to conduct sidewalk business activity.

5.60.050    Conduct of sidewalk business activities.

5.60.060    Violations.

5.60.010 Purpose.

It is the purpose of this chapter to provide for safe, efficient and convenient pedestrian and vehicle travel upon the streets and sidewalks of the city; to protect the beauty and aesthetic appeal of the city by controlling visual and physical clutter; to do so through the provisions of this chapter by licensing, regulation and control of sidewalk businesses in the city’s downtown mixed-use zoning district; to carry out the purposes as also hereafter expressed in this chapter; and to further public health, welfare and safety within the city. (Ord. 1509 § 2 (Exh. A) (part), 2016).

5.60.020 Definitions.

Words and terms used in this chapter shall utilize their common meaning including, without limitation, the following:

“Abutting business” means the business conducted in the building abutting a commercial sidewalk.

“Commercial sidewalk” means the sidewalk lying immediately between a building used for commercial purposes in the storefront streets within the downtown mixed-use zoning district and the street.

“Director” shall mean the director of the department of planning and community development, or his designee, or such other person as designated to administer the provisions of this chapter by the city administrator.

“License hours” means the period commencing one-half hour prior to the opening of an abutting business and one-half hour after the closing of an abutting business.

“Pedestrian entrances” means the entrances to all buildings or outside seating area enclosed by a barrier abutting a commercial sidewalk which shall intersect with a minimum pedestrian right-of-way, which shall be not less than forty-four inches in width.

“Sidewalk business activities” means the activities that may be conducted on the commercial sidewalk by the operator of an abutting business that are an extension of the abutting business, which include, without limitation, the display and sale of goods and merchandise or services and the service and consumption of food and beverages of a like kind and quality to that displayed and offered within the abutting business.

“Sidewalk business license” means the license to conduct sidewalk business activities issued pursuant to the provisions of this chapter.

“Sidewalk cafe” means a sidewalk business activity which includes the serving of food or beverages from within the abutting business.

“Storefront streets within the downtown mixed-use zoning district” means that portion of the city that is subject to the storefront street type within the downtown mixed-use zoning district as depicted on the regulating map of Section 17.14.020(B) or as amended. (Ord. 1509 § 2 (Exh. A) (part), 2016).

5.60.030 Commercial sidewalks to be kept clear.

Except as expressly authorized within this chapter, all commercial sidewalks shall be kept clear of any item and shall permit the free flow of pedestrian traffic over the entire width of the commercial sidewalk. (Ord. 1509 § 2 (Exh. A) (part), 2016).

5.60.040 License to conduct sidewalk business activity.

A. The operator of an abutting business where the commercial sidewalk is at least ten feet in width may conduct sidewalk business activities during license hours upon obtaining and complying with the provisions of a sidewalk business license and this chapter. The sidewalk business is subject to the following standards:

1. Sidewalk businesses shall be limited to five feet from the building;

2. Sidewalk businesses shall maintain the required pedestrian entrance;

3. Businesses on sidewalks less than ten feet may be allowed a sidewalk business license if the director determines through application of reasonable conditions as set forth in subsection C of this section that the pedestrian travel is safe and adequately provides for walkability.

B. Application for a sidewalk business license shall include but not be limited to the following information:

1. A complete description of the proposed sidewalk business activity, and for sidewalk cafes whether or not alcohol will be sold or served and hours of operation;

2. Two sets of drawings to scale depicting at a minimum: the area for proposed sidewalk business activity, minimum pedestrian right-of-way, pedestrian entrances, litter control devices, outside lighting locations, barrier design and attachment and signage posted if required by WAC Title 314; and

3. The agreement by the abutting business to indemnify and hold the city free and harmless from all liability arising in relation to the conduct of the sidewalk business activity together with proof of such public liability and property damage insurance in an aggregate amount of not less than one million dollars per incident, naming the city of Chelan as a co-insured.

C. The director shall issue a sidewalk business license which establishes reasonable conditions as to the conduct of the sidewalk business activity, as determined by the director, including but not limited to:

1. Restrictions as to the number and placement of tables and chairs and as to the hours and dates of use;

2. A requirement that the area be cleared when not used for a sidewalk business activity, or upon the order of the director or other appropriate city officer or their authorized representatives; cafe barriers and outdoor furniture may remain outside within the designated space when the business is closed, not to exceed a period longer than seven days;

3. Provisions that the licensee shall maintain the sidewalk in a clean and safe condition for pedestrian travel;

4. A requirement that the licensee clear the sidewalk as may be necessary to accommodate deliveries to abutting or other nearby properties;

5. Regulations upon lighting and illumination, noise, and restrictions upon the placement of furniture or equipment used in connection with the sidewalk business activity;

6. Restoration of the sidewalk upon completion of the sidewalk business activity;

7. Increased minimum pedestrian right-of-way and overhead height of at least seven feet (trees, canopies, umbrellas, etc.) to ensure safe walking conditions and/or visual aesthetics.

D. Unless expressly authorized by the director, no pavement shall be broken, no sidewalk surface disturbed, and no permanent fixture of any kind shall be installed in or on sidewalk area in connection with a sidewalk business activity.

E. Liquor, as defined in RCW 66.04.010, as existing or hereinafter amended, may be used and/or sold when authorized by the sidewalk business license, the Chelan-Douglas health district, and Washington State Liquor Control Board, and not otherwise. The following are minimum requirements and may be subject to modification by the above approvals:

1. Barrier to be at least forty-two inches in height.

2. Barriers to be permanently affixed when in use and meet general design requirements of the International Building Code. Barrier base attached to the sidewalk shall not pose a safety risk such as a potential tripping hazard.

3. Barrier surface to be smooth and not considered hazardous or dangerous.

4. Approval document by the Liquor Control Board for changes to a licensed premises.

5. Affidavit with owner approval allowing barrier attachment to adjacent structure, if applicable.

6. Only one entrance allowed. Minimum opening of forty-four inches, maximum opening of one hundred twenty inches facing abutting business main entrance.

F. An operator of an abutting business may appeal the denial of a sidewalk business permit or any condition imposed in a sidewalk business permit upon filing a written notice of appeal with the director that sets out the specific grounds for the appeal and includes such information and documents as the operator believes are relevant to the appeal. The city administrator shall review the grounds for such appeal within ten business days during a meeting open to attendance by the applicant. During said meeting, the applicant may present argument, but no evidence that is not part of the notice of appeal may be presented. The decision of the city administrator shall be final and not appealable.

G. A sidewalk business license is personal to the operator of the abutting business and may not be assigned or transferred.

H. The sidewalk business license shall have a term equal to the term of the business license of the operator of the abutting business. Sidewalk cafes are only permitted to operate from April 1st through October 31st, at which point the sidewalk shall be returned to its original state.

I. In the event that there is more than one abutting business in a building abutting a commercial sidewalk, sidewalk business licenses may be issued to such abutting business(es) as the owner/manager of the building containing such abutting businesses shall designate in writing. (Ord. 1509 § 2 (Exh. A) (part), 2016).

5.60.050 Conduct of sidewalk business activities.

A. All sidewalk business activities shall comply with the requirements of the sidewalk business license and shall comply with other provisions of the Chelan Municipal Code including, without limitation, Chapters 8.26 (Nuisances), 9.28 (Public Morals) and 17.58 (Sign Code).

B. Except as permitted by the Washington State Liquor Control Board, sidewalk business activities shall not include the service or consumption of alcoholic beverages.

C. Licensees shall comply with all relevant regulations of the Chelan-Douglas health district; shall keep and maintain the sidewalk area covered by such sidewalk business license in a clean, neat and safe manner at all times; and shall provide such receptacles for the placement of trash or refuse as are necessary to comply with this chapter.

D. The minimum pedestrian right-of-way and pedestrian entrances shall be maintained at all times to permit free access across the commercial sidewalk and to the abutting business consistent with the sidewalk business license and codes relating to buildings, fire and barrier-free access and WSDOT standards to meet safe pedestrian passage.

E. Landscaped areas and areas containing trees and/or shrubs, street furniture, public signage or planter boxes shall not be disturbed or used in connection with sidewalk business activities and shall not be included within the minimum pedestrian right-of-way.

F. No electrical cords or wiring shall be permitted that interfere with pedestrian traffic, and any permitted electrical wiring shall comply with the provisions of the electrical code that apply to the city.

G. In the event of the cancellation or termination of required insurance coverage, such sidewalk business license shall be suspended until insurance is reestablished.

H. All sidewalk business licenses shall be subject to the prior right of the city or of utility companies to effect repair and maintenance within and upon the commercial sidewalk.

I. The applicant shall comply with the terms and conditions of the sidewalk business license, shall maintain the sidewalk in a clean and safe condition for pedestrian travel, and shall immediately clear the sidewalk area when ordered to do so by the director or other appropriate city officer or their authorized representatives.

J. The licensee shall bear all costs to correct all conditions to a sidewalk determined to be unsafe by the director.

K. A sidewalk business license may be revoked without notice at any time by the director, according to the summary abatement procedures set out in Section 2.80.120(C), upon the director’s determination business activities cause or create unsafe sidewalk pedestrian passage, or violate any restrictions of the Chelan Municipal Code. (Ord. 1509 § 2 (Exh. A) (part), 2016).

5.60.060 Violations.

Violations of this chapter shall constitute a nuisance, and the provisions regarding enforcement, abatement, correction and violations established by Chapters 2.80 and 8.26 shall apply. (Ord. 1509 § 2 (Exh. A) (part), 2016).