HomeMy WebLinkAbout3017 Use of Streets and Sidewalks in Commercial-Historical-Mixed Use-Manufacturing DistrictsPage 1 of 2 Ordinance 3017, Street Uses
Ordinance No. 3017
AN ORDINANCE OF THE CITY OF PORT TOWNSEND CREATING A
NEW CHAPTER 12.10 TO THE PORT TOWNSEND MUNICIPAL CODE
REGULATING AND ALLOWING CERTAIN USES ON STREETS AND
SIDEWALKS IN THE COMMERCIAL, HISTORIC COMMERCIAL,
MIXED USE AND MANUFACTURING DISTRICTS
RECITALS:
Currently, the City does not have an adopted regulatory scheme to allow for certain
uses to occur within opened and undeveloped public rights-of-wav (ROW) on a short
term or annual basis.
2. The Community Development and Land Use Committee (CD/LU) of the City Council
reviewed the matter and recommends regulations to allow certain street uses.
3. On July 13, 2009, the City Council held a workshop on the draft ordinance
4. The Ordinance establishes a regulatory framework to allow for both short-term (for
example, house moves, temporary closures) and annual uses (fox example, vending,
and sidewalk cafes) in commercial districts of the City, which the City Council
determines are appropriate.
lssues associated with potential use of rights of way in residential districts aze not
addressed by this Ordinance. Council determines to address such issues at a later time
through a separate Ordinance.
NOW, THEREFORE, the City Council of the City of Port Townsend ordains as
follows:
SECTION 1. Chapter 12.10 of the Port Townsend Municipal Code is hereby
adopted and added to read as follows. See Exhibit A (attached and incorporated by
reference)
SECTION 2. Severability. If any provision of this ordinance or its application to
any person or circumstance is held invalid, the remainder of the ordinance, or the
application of the provision to other persons or circumstances, is not affected.
This ordinance shall take effect and be in force five days after the date of its
publication in the manner provided by law.
Page 2 of 2
Ordinance 3017, Street User
Adopted by the City Council of the City of Port Townsend, Washington, at a
regular meeting thereof, held this third day of August, 2009.
~ ,~.P~,
°Michelle Sandoval, Mayor
Attest:
Pamela Kolaay, MMC, City Clerk
Approved as to Form:
V l~~ `t-~
John P. Watts, City Attorney
Page I of i
Chapter 12.10
Ordinance 3017, (Str-ee! Uses) EshiGit A
STREET USE PERMITS -COMMERCIAL, MIXED USE, MARINE-RELATED
AND MANUFACTURING DISTRICTS
Sections:
12.10.010 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 hazmless.
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.
(1) No person shall establish a use within, or encroach upon any public right-of--way in
the historic commercial, commercial, mixed use, mazine-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.
(2) Special events occurring within public rights-of--way shall be subject to the
requirements of a special event permit (Ch. 17.60) and shall be exempt from the
requirements of this chapter.
Page 2 0/~7 Ordinance 3017, (Sheet Uses) Exhibit A
(3) Assemblies occurring within public rights-of--way shall be subject to the requirements
of assembly regulations (Ch. 9.24) and shall be exempt from the requirements of this
chapter.
(4) Permits for development within rights of way are subject to requirement of street
development permits (Ch. 12.04) and are exempt from the requirements of this chapter.
(5) Sales on streets and sidewalks shall be subject to Chapter 532 and shall be exempt
from the requirements of this chapter.
12.10.020 Short-term permits.
(1) 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. .
(2) "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.
(3) Activities requiring ashort-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 Vocations.
A-2 Temporary Stteet 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).
Page 3 of 7 Ordinance 3017, (Street Uses) 6xhiGi~ A
A-4 Temporary Storage of Materials related to Construction -use of public roads to store
construction-related materials in support of on-going construction activities
12.10.030 Annual permits.
(1) Annual street use permits maybe 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, offstreet 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.
(2) 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.
12.10.040 General procedure for applications.
Page -i of 7
Ordinance 3017, (Street Uses) ExhibitA
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.
(I) 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.
(2) 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.
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 requirement of Chapter 5.32 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 12.01 (for example,
if physical improvements in the right of way are constructed or altered).
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:
(1) The proposed short-term use shall not cause a physical disturbance or alteration of the
street, sidewalk and(or public right-of-way.
(2) 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.
Page 5 of 7
Ordinance 3(J17, (Street Usee) Exhibtl A
(3) The proposed use must meet Americans with Disabilities Act (ADA) guidelines.
12.1.0.070 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:
(1) 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.
(Z) The proposed use must meet Americans with Disabiliries Act (ADA) guidelines.
(3) Annual uses located within the historic district constitute "development' under
Chapter 17.30 and shall be subject to design review consistent with the requirements of
Chapter 17.30. HPC and the Director are authorized to develop procedures and
guidelines for administrative review of permits.
(4) 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.
(5) The proposed annual use shall not block or substantially or unduly hinder access to
adjacent properties.
(6) 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.
(7) Amplified sound is prohibited within the area allowed by the permit.
(8) Table and chairs shall be made of a safe, sturdy, durable materials such as wrought
iron, wood, steel or cast aluminum, and shall be of commercial grade and manufactured
for outdoor use.
12.10.080 Permit -Applicant Acknowledgement -Americans with Disabilities Act
(1) 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
Page 6 of 7
Ordinance 3017. (Street Usesy ExhibilA
employees of ADA requirements, and the permit is subject to revocation for violation of
permit conditions including violation of ADA requirements.
(2) 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.
12.10.090 Performance deposits, security devices, and insurance.
(1) 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.
(2) 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.
12.10.100 Hold harmless.
As a condition to the issuance of any permit under this chapter, the permittee, inform
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.
12.10.110 Revocation.
All permits approved under this chapter shall be temporary, 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
Puge 7 of
Ordinance 3017,(Streed Uses) ExhibitA
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.
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.