Chapter 13.12
PEDESTRIAN WAY USE PERMITS

Sections:

13.12.010    Intent.

13.12.020    Applicability.

13.12.030    Permit required.

13.12.040    Applications.

13.12.050    Issuance of permit.

13.12.060    Term of permit.

13.12.070    Revocation.

13.12.080    Appeal.

13.12.090    Violation – Penalty.

13.12.010 Intent.

The city considers downtown pedestrian ways a unique interface of public and private property. The intent of this chapter is to allow certain business uses or construction in the pedestrian-oriented right-of-way as an attraction to downtown businesses while providing a comfortable and appealing experience for downtown patrons. (Ord. 571 § 1, 2000).

13.12.020 Applicability.

This chapter applies to pedestrian ways that are a part of city-owned property or rights-of-way (i.e., sidewalks, trails, or similar pedestrian-oriented amenities) within the downtown area that is zoned C-1 according to the city’s zoning title. This chapter does not apply to use of city right-of-way for placement of utilities or similar uses normally requiring a franchise, nor does it apply to the placement and care of street trees, or portable signage. (Ord. 633 § 17, 2006; Ord. 571 § 1, 2000).

13.12.030 Permit required.

No person shall use any sidewalk, pedestrian walkway or other similar public place owned by the city without a pedestrian way use permit. Owners seeking use of pedestrian ways must obtain a permit before the use begins. The term “use” means to construct, erect or maintain in, on, over or under any sidewalk or pedestrian walkway, sidewalk or other similar public place, any retaining wall, structure, scaffolding or object in such a way as to obstruct a public parking strip, sidewalk, street or right-of-way within the city consistent with TMC 13.12.010 and 13.12.020. (Ord. 571 § 1, 2000).

13.12.040 Applications.

Application shall be made to the city permit administrator in a format as prescribed and provided by said administrator. The application shall contain such information as the administrator deems necessary to administer the requirements of this chapter, including but not limited to, evidence that the applicant is either the owner or entitled to possession of the property adjoining the public right-of-way or place sought to be used, and a full and complete description of the use to be made of the public right-of-way or place by the applicant and the duration of such proposed use. The decision to issue or not issue the right-of-way use permit, as authorized under this chapter, shall be at the sole discretion of the city council. This chapter shall in no way be construed as granting or creating a right in any applicant to obtain a pedestrian way use permit. An application fee shall be paid at the time of filing of the application with the city. The fee shall be in such amount as established from time to time by the city council, by ordinance, or by resolution. (Ord. 571 § 1, 2000).

13.12.050 Issuance of permit.

All permits shall be issued by the permit administrator, or the administrator’s designee, upon final approval of the city council. An application shall be forwarded by the permit administrator to the city council for consideration at a regularly scheduled meeting of the council within 30 days of receipt. The permit administrator shall forward a recommendation for approval or denial after consulting with all other department heads and considering and addressing the standard requirements as included herein. Requirements shall include, but are not limited to, the following:

A. The proposed use will not protrude into or over any portion of a public right-of-way or public place open to vehicle or pedestrian travel in such a manner as to create a likelihood of endangering the use of such public place by vehicle or pedestrian traffic.

B. The proposed use will not block access to any utility lines.

C. The requested use must meet all other applicable requirements of this code.

D. The applicant shall be required to indemnify and hold the city harmless from any and all claims for bodily injury or property damage that may arise out of or in connection with the applicant’s permitted use.

E. During all periods of use for temporary and commercial permits, the applicant shall maintain public liability and property damage insurance acceptable to the city and/or other insurance necessary to protect the public and the city on premises to be used unless waived by the city council. The limits of the insurance shall be established by the city council. A copy of the policy shall be provided to the city as evidence of the existence of the insurance protection. The insurance shall not be cancelable or reduced without prior written notice to the city, not less than 30 days in advance of the cancellation or alteration. The insurance shall name the city as a named or additional insured and shall be primary as to any other insurance available to the city.

F. Such other conditions as may be imposed by the council to reasonably assure that the requested use does not in any way create a likelihood of endangering those who are lawfully using the public right-of-way or public place.

G. Certain Conditions Specified. As an alternative to the construction of awnings and/or marquees as provided by the State Building Code, property owners in C-1 districts may install porches over and on their abutting pedestrian ways, provided:

1. Design Criteria. Porches shall be designed to meet or exceed the minimum requirements of the State Building Code for similar structures, and in addition, shall be designed to prevent a catastrophic collapse of the porch in the event any one of the road side support columns is removed when subject to an impact by a vehicle.

2. Type of Construction Required. All porches shall be Heavy Timber Construction (H.T.) or other materials as permitted by the State Building Code.

3. Covered Sidewalk Illumination Required. All porches shall provide a means to illuminate the walking surface at an intensity of not less than one foot-candle.

4. Power Supply. The power supply of the porch illumination shall normally be provided by the premises’ electrical supply. In the event of its failure, illumination shall be automatically provided from an emergency system for porches accessory to occupancies required to have emergency power for lighting.

5. Usable Space Defined. Generally, to provide applicants a guideline for a reasonable area for possible use, the following dimension limitations are defined:

a. Closest Projection. No part of the porch shall project closer than 24 inches measured horizontally to the curb line.

b. Headroom Clearance. No horizontal member such as, but not limited to, beams, rafters, joists, purlins, and ties shall be lower than eight feet, six inches above the sidewalk surface.

c. Columns, Street Side. No surface of the street side support columns shall be less than 36 inches nor more than 54 inches maximum from the curb line.

d. Columns, Property Side. No surface of the support columns less than eight feet, six inches above the walking surface of the sidewalk shall extend more than eight inches beyond the property line into the sidewalk.

e. Columns, Size and Spacing. Each individual column and/or support shall not occupy more than one square foot of sidewalk surface and must be spaced at least eight feet on center.

H. Applicant shall consent that in the event the city is required to take enforcement actions to enforce the terms and conditions of the permit, that the city shall be entitled to recover its costs, disbursements, and expenses including its attorneys’ fees, which sums may be filed as a lien against applicant’s premises and enforceable in the manner provided for the enforcement of mortgages on real property.

I. Upon approval, a pedestrian way use permit shall be filed with the Okanogan County auditor’s office to ensure that its terms are recorded as an encumbrance to the property. (Ord. 571 § 1, 2000).

13.12.060 Term of permit.

Pedestrian way use permits may be issued for varying terms, at the discretion of the city council, and as generally set forth below:

A. Pedestrian Way Use Permit – Long-Term. A pedestrian way use permit may be issued for construction of amenities of a permanent nature within the pedestrian right-of-way in connection with the operation of a business in the city for an indefinite period of time in conformance with standards in this chapter and any conditions placed on the permit by the city council. However, such permit may be revoked at any time.

B. Pedestrian Way Use Permit – Short-Term. A pedestrian way use permit issued to property owners for uses of the right-of-way of a temporary nature and which involves the obstruction of a portion of a public sidewalk or other walkway, shall be issued for a period not to exceed 30 days. Property owners may make application to renew the pedestrian way use permit upon expiration. (Ord. 571 § 1, 2000).

13.12.070 Revocation.

A. All permits issued pursuant to this chapter shall be temporary, shall vest no permanent right in the applicant, and may be revoked by the city council, upon the occurrence of any of the following:

1. Immediate revocation in the event of a violation of any of the terms and conditions of the permit;

2. Immediate revocation in event such use becomes, for any reason, dangerous or any structure or obstruction permitted becomes insecure or unsafe;

3. Upon 30 days’ notice if the permit is not otherwise for a specified period of time and is not covered by the preceding subdivisions.

B. If any use or occupancy for which the permit has been revoked is not immediately discontinued, at the direction of the city council, the city may remove any such structure or obstruction or cause to be made repairs upon the structure or obstruction as may be necessary to render the same secure and safe, the cost and expense of which shall be assessed against the permittee, including all fees, costs, and expenses incurred, including attorneys’ fees associated with the enforcement of or collection of the same. (Ord. 571 § 1, 2000).

13.12.080 Appeal.

Decisions regarding a pedestrian way use permit shall be considered a privilege, not a right; therefore, decisions on such permits shall not be appealable. (Ord. 571 § 1, 2000).

13.12.090 Violation – Penalty.

Any person violating any of the provisions of this chapter shall be subject to a penalty pursuant to Chapter 1.08 TMC as the same exists now or may be hereinafter amended and for any costs incurred by the city relative to any violations. (Ord. 571 § 1, 2000).