Chapter 12.10
STREET USE PERMITS – COMMERCIAL, MIXED USE, MARINE-RELATED AND MANUFACTURING DISTRICTS

Sections:

12.10.010    Applicability – Permit required.

12.10.020    Short-term permits.

12.10.030    Annual permits.

12.10.040    General procedure for applications.

12.10.050    Regulations and city codes.

12.10.060    Approval criteria – Short-term permits.

12.10.070    Approval criteria – Annual permits.

12.10.080    Permit – Applicant acknowledgement – Americans with Disabilities Act.

12.10.090    Performance deposits, security devices, and insurance.

12.10.100    Hold harmless.

12.10.110    Revocation.

12.10.120    Permit fees and charges.

12.10.010 Applicability – Permit required.

This chapter pertains to allowing short-term and annual uses on streets and sidewalks and rights-of-way in historic commercial, commercial, mixed use, marine-related and manufacturing districts of the city. It does not pertain to or allow for uses or encroachments of rights-of-way in residential districts. Proposed uses of the rights-of-way may extend beyond one year, however, they are subject to annual renewal of a use permit issued pursuant to this chapter. This chapter does not apply to persons seeking a proposed use of public rights-of-way for a fixed term longer than one year. Such person must apply to and obtain approval of the city council, which will evaluate proposals legislatively based on its consideration of the appropriate use of the right-of-way.

A. No person shall establish a use within, or encroach upon any public right-of-way in the historic commercial, commercial, mixed use, marine-related and manufacturing districts of the city without first obtaining a permit from the city pursuant to the process and requirements in this chapter. This chapter provides the exclusive method for obtaining approval of uses that are regulated by this chapter.

B. Special events occurring within public rights-of-way shall be subject to the requirements of a special event permit (Chapter 17.60 PTMC) and shall be exempt from the requirements of this chapter.

C. Assemblies occurring within public rights-of-way shall be subject to the requirements of assembly regulations (Chapter 9.24 PTMC) and shall be exempt from the requirements of this chapter.

D. Permits for development within rights-of-way are subject to requirement of street development permits (Chapter 12.04 PTMC) and are exempt from the requirements of this chapter.

E. Sales on streets and sidewalks shall be subject to Chapter 5.32 PTMC and shall be exempt from the requirements of this chapter. (Ord. 3017 § 1 (Exh. A), 2009).

12.10.020 Short-term permits.

A. Short-term street use permits may be issued for those activities that will use the street, sidewalk and/or public right-of-way, are activities of short-term duration, typically, for 72 hours or less, and which do not involve the physical disturbance or alteration of the street, sidewalk and/or public right-of-way. Permits may be issued for longer periods, such as for construction activity.

B. This type of use may involve the temporary disruption of pedestrian and vehicular traffic or access to private property. The type of use may also require approval of specific routes, locations, dates, methods to ensure public safety, traffic control, inspections, police or fire support, and clean up. Some proposed uses of the street may require the applicant to provide comprehensive liability insurance.

C. Activities requiring a short-term street use permit include, but are not limited to, the following:

A-1 House Moves: special use of the street and/or public right-of-way to move houses or other oversize and overweight materials and structures at specific times and locations.

A-2 Temporary Street Closures: activities that require temporary closures of streets, lanes or sidewalks for commercial loading/unloading, construction storage or repair purposes if not approved as part of a building or street development permit.

A-3 Construction Site Structures: structures related to construction sites such as scaffolds, barricades, buildings, walls, elevators, cranes, lifts, etc., that are on, over or under the public right-of-way; provided, no permit is required if the use is approved in connection with the issuance of a building permit. No permit is required for minor maintenance and repair, where the temporary use involves only a ladder (or similar).

A-4 Temporary Storage of Materials Related to Construction: use of public roads to store construction-related materials in support of ongoing construction activities. (Ord. 3017 § 1 (Exh. A), 2009).

12.10.030 Annual permits.

A. Annual street use permits may be issued for those activities that will use the public right-of-way over the longer term, which do not involve the physical disturbance or alteration of the surface of the street or sidewalk, and which do not substantially or unduly block the use of the street or sidewalk by pedestrians or vehicular traffic, such as vending facilities, sidewalk cafes, off-street structures and other uses that require longer-term authorization. These activities typically require inspections, traffic safety devices, performance bonds, comprehensive liability insurance, legal documentation and, on occasion, public hearings before a permit can be issued.

B. Activities requiring an annual street use permit include but are not limited to the following:

B-1 Newspaper Sales and Private Mail/Parcel Boxes: commercial structures, other than individual U.S. Postal Service boxes, that use the street, sidewalk and/or public right-of-way for extended time periods for newspaper sales or the private collection of mail or parcels.

B-2 Waste Collection and Recycling Facilities: structures using the street, sidewalk and/or public right-of-way for extended time periods to collect recyclable materials.

B-3 special commercial uses such as private bus stops/shelters and other similar uses requiring dedicated use of the street and/or public right-of-way for private transportation and traffic purposes.

B-5 Sales Structures and Sidewalk Cafes: use of the street and/or public right-of-way for the sale of flowers, food or beverages, etc.

B-6 Special and Unique Structures: refers to fountains, clocks, flag poles, awnings, marquees, street furniture, kiosks, signs, banners, and decorations. Such items may be on or over the surface of the public street, sidewalk or right-of-way. (Ord. 3017 § 1 (Exh. A), 2009).

12.10.040 General procedure for applications.

This chapter shall be administered by the development services director. The director should receive the input of the public works director prior to issuing any permits pursuant to this chapter. They are authorized to develop standards and guidelines, consistent with and to implement the requirements of this chapter.

A. Applicants for street use permits shall complete an application form, and provide all relevant activity or project information. The applicant may have a need for more than one permit if multiple activities are occurring simultaneously.

B. A permit is required for each such use of the street and/or right-of-way unless the development services director approves one application for several related activities. (Ord. 3017 § 1 (Exh. A), 2009).

12.10.050 Regulations and city codes.

An applicant who applies for a street use permit for the activities listed above, and all other activities which require a street use permit, must comply with all applicable city, state and federal laws, ordinances, codes and regulations, including business licensing and requirements of Chapter 5.32 PTMC, Sales on Streets and Sidewalks. It shall be the sole responsibility of the applicant to obtain all permits or licenses required by other agencies. Applicants for an annual street use permit for a new private use of the public right-of-way must also obtain a street development permit if required by Chapter 12.04 PTMC (for example, if physical improvements in the right-of-way are constructed or altered). (Ord. 3017 § 1 (Exh. A), 2009).

12.10.060 Approval criteria – Short-term permits.

Applications for short-term street use permits may only be approved by the director of development services, with conditions that are reasonably necessary to protect the public health, welfare, and safety and to mitigate any impacts resulting from the use, if all of the following applicable criteria are successfully met:

A. The proposed short-term use shall not cause a physical disturbance or alteration of the street, sidewalk and/or public right-of-way.

B. If the proposed short-term use will cause a temporary disruption of pedestrian and vehicular traffic or access to private property, a plan that describes specific routes, locations, dates, methods to ensure public safety, traffic control, inspections, police or fire support, and clean up has been submitted and approved.

C. The proposed use must meet Americans with Disabilities Act (ADA) guidelines. (Ord. 3017 § 1 (Exh. A), 2009).

12.10.070 Approval criteria – Annual permits.

Applications for annual street use permits may only be approved by the director of development services, with conditions that are reasonably necessary to protect the public health, welfare, and safety and to mitigate any impacts resulting from the use, if all of the following applicable criteria are successfully met:

A. The proposed annual use shall not preclude or substantially or unduly hinder the continued use of an opened and developed street or sidewalk by pedestrians or vehicular traffic.

B. The proposed use must meet Americans with Disabilities Act (ADA) guidelines.

C. Annual uses located within the historic district constitute “development” under Chapter 17.30 PTMC and shall be subject to design review consistent with the requirements of Chapter 17.30 PTMC. HPC and the director are authorized to develop procedures and guidelines for administrative review of permits.

D. The proposed annual use shall not block or substantially or unduly hinder public access to the shoreline and/or views of the shoreline from within the subject street.

E. The proposed annual use shall not block or substantially or unduly hinder access to adjacent properties.

F. If the use causes a change in pedestrian travel patterns, appropriate repairs shall be made to the right-of-way in the immediate vicinity in order to accommodate the change and/or to assure compliance with the Americans with Disabilities Act.

G. Amplified sound is prohibited within the area allowed by the permit.

H. Table and chairs shall be made of safe, sturdy, durable materials such as wrought iron, wood, steel or cast aluminum, and shall be of commercial grade and manufactured for outdoor use. (Ord. 3017 § 1 (Exh. A), 2009).

12.10.080 Permit – Applicant acknowledgement – Americans with Disabilities Act.

A. As a condition to the issuance of any permit, applicants shall acknowledge permit requirements and conditions, including, specifically, conditions relating to Americans with Disabilities Act (ADA) requirements, that the applicant is responsible for informing employees of ADA requirements, and the permit is subject to revocation for violation of permit conditions including violation of ADA requirements.

B. The development services director and the public works director shall work with Main Street, the Chamber of Commerce, DASH, and other interested entities and parties to develop educational and training information relating to uses on streets and sidewalk and ADA requirements. Such information shall be included as part of the permit requirements and conditions and the applicant’s acknowledgment of those requirements and conditions. (Ord. 3017 § 1 (Exh. A), 2009).

12.10.090 Performance deposits, security devices, and insurance.

A. If the director determines that there is a potential for injury, damage, or expense to the city as a result of damage to persons or property arising from an applicant’s proposed use of any right-of-way, the applicant shall be required to make a cash deposit, or to provide a security device or insurance in a form acceptable to the director for the activities described in the subject permit. The amount of the deposit, security device, or insurance shall be determined by the director.

B. The requirements for performance deposits, security devices, and insurance are based on considerations of permittee’s prior performance, permittee’s ability to pay or respond to claims, nature of the proposed use, costs of the activity, length of use, public safety, potential damage to right-of-way, and potential liability or expense to the city. (Ord. 3017 § 1 (Exh. A), 2009).

12.10.100 Hold harmless.

As a condition to the issuance of any permit under this chapter, the permittee, in form acceptable to the city attorney, shall agree to defend, indemnify, and hold harmless the city, its officers, employees, and agents, from any and all suits, claims, or liabilities caused by or arising out of any use authorized by any such permit. (Ord. 3017 § 1 (Exh. A), 2009).

12.10.110 Revocation.

All permits approved under this chapter shall be temporary and shall vest no permanent right. All permits may be revoked in the event any such use or occupation shall become dangerous; any structure or obstruction so permitted shall become insecure or unsafe; shall become a public nuisance; or shall not be constructed, maintained or used in accordance with the provisions of this chapter or the terms and conditions of the permit. The determination by the building official that a structure is dangerous, insecure, unsafe, a nuisance or has not been constructed, used or maintained in accord with this chapter or the terms and conditions of the permit shall be conclusive. (Ord. 3017 § 1 (Exh. A), 2009).

12.10.120 Permit fees and charges.

The fee for each permit shall be set forth in a fee schedule to be adopted by motion or resolution of the city council. (Ord. 3017 § 1 (Exh. A), 2009).