Chapter 8.20
RIGHT-OF-WAY USE PERMITS
Sections:
8.20.010 Use of public right-of-way without permit prohibited.
8.20.030 Application for permit—Fee.
8.20.040 Processing of application.
8.20.050 Grant or denial of permit.
8.20.052 Criteria for residential right-of-way use permit consideration.
8.20.055 Sidewalk and projecting sign right-of-way use permit.
8.20.060 Liability insurance required.
8.20.062 Right-of-way restoration.
8.20.065 Hold harmless agreement required.
8.20.070 Term of permit—Renewal.
8.20.077 Sidewalks shall remain accessible.
8.20.080 Revocation of permits.
8.20.090 Discontinuance of use on termination or revocation of permit.
8.20.100 Permit not transferable.
8.20.110 Safety and building code compliance.
8.20.120 Penalty for violation—Each day a separate offense.
8.20.130 Violations as nuisances.
8.20.010 Use of public right-of-way without permit prohibited.
It is unlawful for any person to use, for a private purpose, any public right-of-way without first obtaining a permit therefor pursuant to this chapter and without otherwise complying with provisions of this chapter applicable to such occupancy or use; provided, the provisions of this chapter shall not apply to work in public right-of-way performed by the city, its agents or contractors, or to occupancy and use of public right-of-way under the authority of any franchise granted by the city, or to persons using or occupying public right-of-way pursuant to some other permission or authority granted by the city.
This chapter shall not apply to sidewalk cafes or street beautification projects placed in the public rights-of-way as regulated under YMC Chapter 5.80 of this code. This chapter does not apply to temporary signs placed in the right-of-way, which are regulated under YMC 15.08.110.
Further, this chapter does not apply to those uses of rights-of-way falling under other code sections, such as special event permits or uses that are permitted as part of construction permits. (Ord. 2025-009 § 2, 2025; Ord. 2020-025 § 1, 2020: Ord. 2019-032 § 1 (part), 2019: Ord. 2009-15 § 1, 2009: Ord. 93-83 § 2, 1993: Ord. 2938 § 1, 1986: Ord. 1672 § 1 (part), 1974).
8.20.020 Definitions.
As used in this chapter, unless a different meaning clearly appears from the context, the following words, phrases, and terms shall have the following meanings ascribed to them:
1. “Person” means a natural person, partnership, corporation or any other legal entity.
2. “Public right-of-way” means all public streets, alleys, and property granted or reserved for, or dedicated to, public use for streets and alleys, together with public property granted or reserved for, or dedicated to, public use for walkways, sidewalks, trails, shoulders, drainage facilities, bikeways and horse trails, whether improved or unimproved, including the air rights, subsurface rights, and easements related thereto.
3. “Use” means to construct, erect or maintain in, upon, over or under any public right-of-way any structure, item(s), materials, goods, machinery, container, dumpster, storage unit or equipment, for the private use of the adjoining property owner or occupant or their authorized agent. (Ord. 2025-009 § 3, 2025; Ord. 2019-032 § 1 (part), 2019: Ord. 2009-15 § 2, 2009: Ord. 1672 § 1 (part), 1974).
8.20.030 Application for permit—Fee.
A. Applications for permits to be issued pursuant to this chapter shall be filed with the city engineer or their designee upon an approved form, and shall be accompanied by a description and detailed scale drawing depicting the public right-of-way in the vicinity of the area for which the permit is sought, including existing utilities, street lights and traffic signal poles, street furniture and similar features of the area, as well as the dimensions and locations of the proposed use of the right-of-way. The city engineer may require a traffic control plan or other documents, which shall be provided by the applicant and approved by the city engineer before a permit is issued.
B. All applications shall be accompanied by a fee. The fee shall be set forth in the city of Yakima master fee schedule adopted via resolution by the city council. (Ord. 2025-009 § 4, 2025; Ord. 2022-040 § 50, 2022; Ord. 2020-025 § 1, 2020: Ord. 2019-032 § 1 (part), 2019: Ord. 2009-15 § 3, 2009: Ord. 2938 § 2, 1986; Ord. 1672 § 1 (part), 1974).
8.20.040 Processing of application.
The city engineer or their designee shall examine each application for compliance with requirements of this chapter and for compliance with any applicable provisions of the city’s municipal code.
A. For business/commercial uses the application shall be transmitted to the city clerk for consideration by the city council, except as authorized in YMC 8.20.075 for short-term permits and permits to place signs in city-owned right-of-way, including sidewalk signs as described in YMC 8.20.055, which shall be transmitted to and approved or denied by the city engineer or their designee; or
B. For uses within the residential zones, applicants shall also submit a variance application to the planning division for review pursuant to YMC 15.21. The applications must be accompanied by the fees required in YMC 8.20.030(B), and the fee required for the variance in accordance with the master fee schedule adopted by city council. Schools in residential zones are exempt from the variance application requirement. (Ord. 2025-009 § 5, 2025; Ord. 2020-025 § 2, 2020: Ord. 2019-032 § 1 (part), 2019: Ord. 2010-34 § 1, 2010: Ord. 2009-15 § 4, 2009: Ord. 2002-07 § 1, 2002: Ord. 1672 § 1 (part), 1974).
8.20.050 Grant or denial of permit.
Permits which have been reviewed by the city engineer or their designee shall be approved, approved with conditions, or denied.
Upon consideration by the city council of the application for a permit, the council shall, by motion, approve or deny the application. Upon approval of an application by the council, the city engineer shall issue the right-of-way use permit upon the applicant’s compliance with the requirements of this chapter. Any other permits required shall meet the requirements of applicable codes.
The applicant or other interested persons may appeal the decision in accordance with the procedures set forth in YMC Chapter 16.08. (Ord. 2025-009 § 6, 2025; Ord. 2020-025 § 3, 2020: Ord. 2019-032 § 1 (part), 2019: Ord. 2010-34 § 2, 2010: Ord. 2009-15 § 5, 2009: Ord. 2002-07 § 2, 2002: Ord. 1672, § 1 (part), 1974).
8.20.052 Criteria for residential right-of-way use permit consideration.
A right-of-way use permit shall be granted by the engineering division only when the applicant demonstrates that the permit will not be contrary to the public interest and that practical difficulty and unnecessary hardship will result if it is not granted. The applicant shall meet the requirements of YMC Chapter 15.21. (Ord. 2025-009 § 7, 2025; Ord. 2020-025 § 4, 2020: Ord. 2019-032 § 1 (part), 2019: Ord. 2009-15 § 6, 2009).
8.20.055 Sidewalk and projecting sign right-of-way use permit.
A right-of-way use permit shall be granted by the city engineer or their designee for a sidewalk sign or projecting sign if it meets the following conditions:
A. The business/commercial use has a current and valid business license from the city of Yakima, and is located in a commercial or industrial zoning district;
B. The sign complies with all the requirements found in YMC Chapter 15.08 et al.;
C. A site plan has been filed with the application, as required in YMC 8.20.030, which identifies the proposed location of the sidewalk sign and ensures that an area of the sidewalk at least four feet in width is maintained at all times for compliance with the Americans with Disabilities Act of 1990 standards which will not be impeded by the sidewalk sign;
D. Sidewalk and projecting signs must comply with all provisions of this chapter including but not limited to application requirements, fees and renewal, liability insurance, appeals and safety compliance. (Ord. 2025-009 § 8, 2025; Ord. 2019-032 § 1 (part), 2019: Ord. 2010-34 § 3, 2010).
8.20.060 Liability insurance required.
Prior to the issuance of any permit pursuant to this chapter, the applicant shall file with the city engineer or their designee evidence of comprehensive public liability insurance, with limits of not less than five hundred thousand dollars combined single limit for bodily injury and property damage for residential uses and one million dollars combined single limit for bodily injury and property damage for business uses, with the city of Yakima named as an insured party, insuring against liability from injury or damage resulting from applicant’s occupancy of or activities on public right-of-way under the permit to be issued, which insurance shall be effective during the entire term of the permit. (Ord. 2025-009 § 10, 2025; Ord. 2020-025 § 5, 2020: Ord. 2019-032 § 1 (part), 2019: Ord. 2009-15 § 7, 2009: Ord. 1672, § 1 (part), 1974).
8.20.062 Right-of-way restoration.
Permit holders shall remove all facilities, improvements, personal property, or equipment from the right-of-way and restore the right-of-way, and any property within the right-of-way, to the condition it was in prior to the permit being entered into upon expiration or termination of the permit or the permit term. Any damage to the right-of-way, including, but not limited to, damage to curb, poles or sidewalk, shall be the responsibility of the permittee. In the event the permittee does not restore the right-of-way to its prior condition, the city may restore the right-of-way and invoice the permittee for the cost of repair and restoration. Permittee will have thirty days after the date of mailing the invoice to make full payment to the city. In the event the permittee does not make full payment before the deadline, the city may place a lien on permittee’s property and/or take any other action that the city deems appropriate to collect from permittee for the restoration and repair work done to the right-of-way. (Ord. 2020-025 § 6, 2020: Ord. 2019-032 § 1 (part), 2019).
8.20.065 Hold harmless agreement required.
Prior to the issuance of any permit pursuant to this chapter, the applicant shall sign a hold harmless and indemnification agreement approved by the city attorney. (Ord. 2019-032 § 1 (part), 2019).
8.20.070 Term of permit—Renewal.
Permits issued pursuant to this chapter shall be valid through the period as shown on the certificate of insurance up to a maximum of one year from the date of issuance and shall be subject to renewal annually on application therefor, and on payment of the fee set forth in the city of Yakima master fee schedule adopted via resolution by the city council and submittal of an updated certificate of insurance, provided permits granted under authority other than this chapter shall remain in full force and effect according to their terms without the necessity for application therefor or renewal thereof and without the payment of a permit fee, unless any such permit is terminated or revoked as provided by that permit. (Ord. 2025-009 § 11, 2025; Ord. 2022-040 § 52, 2022; Ord. 2019-032 § 1 (part), 2019: Ord. 2009-15 § 8, 2009: Ord. 2938 § 3, 1986: Ord. 1672 § 1 (part), 1974).
8.20.075 Short-term permits.
For uses of a right-of-way for less than thirty days, the following process shall be followed in lieu of the process outlined in YMC 8.20.030 through 8.20.052 and YMC 8.20.070:
A. Purpose. Short-term right-of-way permit uses are for those uses of the public right-of-way for less than thirty days, and include, but are not limited to, placement of limited-term container-type storage units, placement of limited-term dumpsters, use and occupation of the right-of-way for construction projects for less than thirty days, or use and occupation of the right-of-way to temporarily store landscaping materials or other equipment being used in a project.
B. Application. Applications for short-term right-of-way use permits shall be filed with the city engineer or their designee upon an approved form and accompanied by a detailed scale drawing depicting the public right-of-way in the vicinity of the area for which the permit is sought, including existing utilities, street lights and traffic signal poles, street furniture and similar features of the area, as well as the dimensions and locations of the proposed use of the right-of-way. The application shall be filed no less than fifteen business days before the proposed startdate of the permit. The city engineer may require a traffic control plan or other documents, which all shall be provided by the applicant and approved by the city engineer before a permit is issued. Such application shall contain an accurate description of the public right-of-way or portion thereof desired to be used under the authority of the permit sought, the use desired to be made of the public right-of-way by the applicant pursuant to the permit, the plans and specifications for any utility or structure desired in or on a public right-of-way, evidence showing the applicant to be the owner of, or entitled to the possession and use of, the property adjacent to the right-of-way concerning which the permit is sought and such other information deemed necessary or desirable by the city engineer to enforce compliance with or to otherwise administer the provisions of this chapter.
C. Fee. The fee for a short-term right-of-way use permit shall be set forth in the city of Yakima master fee schedule adopted via resolution by the city council. Additional fees based on the location and use may be required.
D. Processing. The city engineer or their designee shall examine applications for compliance. Other city staff may examine applications if deemed appropriate by the city engineer. If the short-term right-of-way use permit is in a residential area, the city engineer shall evaluate the request in light of the requirements of YMC 8.20.052. Upon review, the city engineer may issue the permit based thereon, after receiving proof of insurance and the receipt of any other documents deemed necessary by the city.
E. Insurance. The provisions of YMC 8.20.060, including but not limited to the liability limits, shall apply to short-term right-of-way use permits.
F. Expiration. Short-term right-of-way use permits shall expire on the date listed on the permit.
G. Renewal. Short-term right-of-way use permits may be renewed one time upon completion of a new application and the payment of the application fee. (Ord. 2025-009 § 12, 2025; Ord. 2023-012 § 3, 2023; Ord. 2022-040 § 53, 2022; Ord. 2019-032 § 1 (part), 2019).
8.20.077 Sidewalks shall remain accessible.
Permit holders shall take all measures to keep sidewalks accessible to pedestrians. This means that a minimum of four feet of sidewalk space must be available. Permit holders may be required to construct tunneling measures or other temporary measures to maintain pedestrian access. Permit applications should include information as to how the applicant plans to keep the sidewalk accessible. (Ord. 2019-032 § 1 (part), 2019).
8.20.080 Revocation of permits.
No permit granted pursuant to this chapter shall vest any permanent right to the permit holder; and any such permit may be revoked by the city engineer, followed by notice to the permit holder given by the city engineer that such permit is revoked, which notice shall be given not less than thirty days prior to the effective date of revocation specified in such notice. The notice shall be in writing and personally delivered to the permit holder or mailed to the permit holder at its address specified in the application. In the event the city engineer or their designee determines that the continued use of public right-of-way pursuant to a permit constitutes an immediate hazard to the public, such permit may be immediately suspended and further use thereof terminated pending the city engineer’s written notice to permanently revoke the permit. Permanent revocation shall be immediately effective upon written notice delivered to the permit holder in person or by mail as provided by this section. The permittee may appeal revocation of the permit in accordance with the procedure set forth in YMC Chapter 16.08. Fees shall be paid in accordance with the master fee schedule adopted by city council. (Ord. 2025-009 § 13, 2025; Ord. 2019-032 § 1 (part), 2019: Ord. 2009-15 § 9, 2009: Ord. 2002-07 § 3, 2002: Ord. 1672 § 1 (part), 1974).
8.20.090 Discontinuance of use on termination or revocation of permit.
Upon the (1) termination of a permit, unless renewed, (2) suspension of the permit by the city engineer, or their designee, or (3) revocation of any permit issued pursuant to this chapter, the person to whom that permit was originally issued shall forthwith discontinue the use of public right-of-way authorized by such permit, and shall forthwith remove all structures and right-of-way obstructions authorized by such permit. In the event the city engineer or their designee suspends the permitted use on the basis of an articulable hazard presented by said use, the permittee shall immediately remove the hazardous condition. If any such structure, obstruction or hazard is not so removed, the city engineer or their designee may cause the same to be removed and perform any repair work to public right-of-way necessitated by such removal in order to render the public right-of-way safe for public use, and the person to whom the permit was originally issued shall be liable to the city for all expenses of such removal and repair. (Ord. 2025-009 § 14, 2025; Ord. 2019-032 § 1 (part), 2019: Ord. 2009-15 § 10, 2009: Ord. 1672 § 1 (part), 1974).
8.20.100 Permit not transferable.
The privilege to use public right-of-way granted by any permit issued pursuant to this chapter shall be a personal privilege of the person to whom the permit is issued, and no such permit shall be transferable. Any attempted transfer of any such permit shall automatically render the permit null and void. (Ord. 2020-025 § 7, 2020: Ord. 2019-032 § 1 (part), 2019: Ord. 2009-15 § 11, 2009: Ord. 1672 § 1 (part), 1974).
8.20.110 Safety and building code compliance.
All work performed by the authority of a permit issued pursuant to this chapter shall be accomplished in compliance with all applicable city building codes and other city ordinances, and with the Washington Industrial Safety and Health Act, and shall be diligently pursued so as to cause the least possible inconvenience to the public. (Ord. 2019-032 § 1 (part), 2019: Ord. 2009-15 § 12, 2009: Ord. 1672 § 1 (part), 1974).
8.20.120 Penalty for violation—Each day a separate offense.
Violations of this chapter shall follow the procedures found in YMC 8.01.010. (Ord. 2025-009 § 15, 2025; Ord. 2020-025 § 8, 2020: Ord. 2019-032 § 1 (part), 2019: Ord. 2009-15 § 13, 2009: Ord. 1672 § 1 (part), 1974).
8.20.130 Violations as nuisances.
Any private use of public right-of-way contrary to the provisions of this chapter or other lawful authority is a public nuisance, subject to prevention or abatement by injunction or other appropriate remedy. Any items left in a public parking area, lane of travel, street, sidewalk or right-of-way may be removed after a five-day notice is posted on site and sent via regular and/or electronic mail (if such an address is provided) to the applicant or person or entity violating this code. Items remaining after the notice period shall be considered abandoned. Cost of such removal shall be paid by the applicant or person or entity violating this code. Nothing in this chapter shall inhibit the city from enforcing YMC Chapter 6.75 (Obstructing Passage on Streets and Sidewalks), RCW 9A.84.030 (Blocking streets and sidewalks) or removing items from public rights-of-way in cases of emergency or an immediate threat to the public health and safety. (Ord. 2025-009 § 16, 2025; Ord. 2019-032 § 1 (part), 2019: Ord. 2009-15 § 14, 2009: Ord. 2938 § 4, 1986).