Chapter 13.30
TEMPORARY USE OF RIGHTS-OF-WAY
Sections:
13.30.010 Temporary use of city rights-of-way—Permit.
13.30.020 Special, private use of city property—Permit.
13.30.080 Real property acquisition fund.
13.30.100 Restoration of property.
13.30.110 Suspension, revocation and termination.
13.30.130 Hold harmless agreement.
13.30.160 Nonexclusive provisions.
13.30.170 Purpose and intent—Liability.
13.30.010 Temporary use of city rights-of-way—Permit.
Special temporary use of city rights-of-way, including streets, alleys and sidewalks within the city, where such use is nonexclusive and will not interfere with public convenience, may be granted by the public work department; provided, however, the council shall set the annual permit rates to be charged by the public works department. (Ord. 1048-84 § 1, 1984)
13.30.020 Special, private use of city property—Permit.
No special or private use shall be made of any city right-of-way including, but not limited to, streets, alleys and sidewalks, by any person, entity or corporation without first having secured from the public works department the requisite permit and having paid the permit fee. (Ord. 1048-84 § 2, 1984)
13.30.030 Annual permit fee.
All permit fees for the temporary use of city rights-of-way, including streets, alleys and sidewalks, shall be based upon the following rate schedules:
|
A. Zoning |
Annual Rate per Square Foot |
|---|---|
|
1. Commercial zones including, but not limited to, C-1, C-2 |
$.45 |
|
2. Business zones including, but not limited to, B-1, B-2, UM |
.40 |
|
3. Multifamily zones including, but not limited to, R-3, R-4, R-5, UR |
.20 |
|
4. Manufacturing zones including, but not limited to, M-M, M-1, ULI |
.15 |
|
5. Single-family zones including, but not limited to, R-S, R-1, R-2 |
.10 |
When an applicant for a permit for the temporary use of a city right-of-way has a nonconforming use or a special property use permit for the subject property, then the rate per square foot shall be the amount set forth in Schedule B herein. For purposes of this chapter, permitted home occupations in residential zones shall pay a rate per square foot based upon the business zone rate as set forth herein.
|
B. Use |
Annual Rate Per Square Foot |
|---|---|
|
1. Parking: |
|
|
a. Designated employee parking approved by the city |
$.15 |
|
b. Residential |
.15 |
|
c. Business/commercial |
.35 |
|
2. Landscaping |
.15 |
|
3. Sales, advertising and display |
.35 |
|
4. Storage (non construction oriented) |
.40 |
|
5. Building |
.45 |
C. When an applicant for a permit for the temporary use of a city right-of-way makes an application, the application must disclose the intended use of the city right-of-way. Except in the case of a nonconforming use or a special property use permit, the rate per square foot to be charged will be determined by comparing the proposed use as designated in subsection B herein against the zoning classification as designated in subsection A herein. The rate per square foot assessed shall be the greater of the two rates. In the event a proposed use is not designated in subsection B, the rate per square foot assessed shall be that identified in subsection A. (Ord. 3617-18 § 5, 2018; Ord. 1048-84 § 3, 1984)
13.30.040 Exceptions.
A. The annual permit fee set forth in Section 13.30.030 shall not apply to the following:
1. When the use of a city right-of-way is for the purpose of parking or landscaping other than to meet city code requirements; or
2. When the use of a city right-of-way involves a use within a single-family zone which in the opinion of the public works director or his designee will not interfere with the public convenience or the health, safety or welfare of the general public and which use is commonly attendant to uses in single-family zones such as fences, bulkheads, stairs and landscaping.
B. Provided, however, notwithstanding subsections 1 and 2 herein, whenever the use of a city right-of-way involves the leasing or renting of said city right-of-way by the permittee or his designee or otherwise involves the use of said city right-of-way in such a manner as to enable the permittee to derive a benefit therefrom, then the exceptions set forth herein shall not apply. (Ord. 1048-84 § 4, 1984)
13.30.050 Implementation.
The annual permit fee for those having valid existing permits who have paid all required permit fees as of the effective date of the ordinance codified in this chapter shall be implemented in increments over a two-year period beginning as of the effective date of the ordinance codified in this chapter. This incrementation shall not affect that rate charged those applying for and receiving permits on or after the effective date of the ordinance codified in this chapter or who have permits as of the effective date of the ordinance codified in this chapter, but who are not current in the payment of their permit fees.
Year 1: $.15 per square foot plus 50% of the difference between $.15 per square foot and the rate per square foot identified for the subject property.
Year 2: $.15 per square foot plus 75% of the difference between $.15 per square foot and the rate per square foot identified for the subject property.
Year 3: 100% of the rate per square foot identified in Section 13.30.050.
Further, the city engineer or his designee is authorized to promulgate rules and regulations in order to facilitate the implementation of this chapter. (Ord. 1048-84 § 5, 1984)
13.30.060 Leasehold tax.
In addition to the annual permit fees set forth in Section 13.30.030, applicants shall be responsible for paying a leasehold excise tax as is required by RCW Chapter 82.29A. Applicants shall pay to the city which shall remit to the State Department of Revenue the aforesaid leasehold excise tax in accordance with RCW Chapter 82.29A. (Ord. 1048-84 § 6, 1984)
13.30.070 Evaluation.
The permit fee schedule set forth in Section 13.30.030 shall be evaluated biennially (commencing three years after the effective date of the ordinance codified in this chapter) by the city’s real property manager who shall make a biennial report to the city council. (Ord. 1048-84 § 7, 1984)
13.30.080 Real property acquisition fund.
All moneys derived from the permit fees for the temporary use of city property shall be deposited in the real property acquisition fund. (Ord. 1048-84 § 8, 1984)
13.30.090 Application fee.
A nonrefundable application fee in an amount determined by the director of public works shall be paid at the time application is made for a permit for the temporary use of a city right-of-way. (Ord. 1048-84 § 9, 1984)
13.30.100 Restoration of property.
In the event a permit for the temporary use of a city right-of-way is terminated for any reason, the permittee shall remove all property not owned by the city from the above-described property and shall restore the property to the satisfaction of the city. Such removal and restoration shall be completed immediately upon termination of the permit. In the event the applicant shall fail to remove property and restore the location to the satisfaction of the city as is required, at the option of the city, the city shall be entitled to remove the property in which case the property removed shall become the property of the city. Any expense incurred by the city in removing the property and restoring the location shall be paid by the applicant immediately upon billing of the costs thereof by the city. This right is in addition to any other right the city may have at law or in equity. (Ord. 1048-84 § 10, 1984)
13.30.110 Suspension, revocation and termination.
A. The director of public works or his designee is authorized to suspend or revoke any permit issued herein whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation of the city, or when the permittee fails to pay the permit fee.
B. Any permit issued hereunder is terminable at the will of the city upon thirty days’ notice to the permittee. In addition, in the event the city does not receive the permit fee within the time period as requested by the city, then the permission for use of the city’s property shall be automatically withdrawn and all rights thereunder shall be deemed immediately withdrawn.
C. Should the city terminate the permit prior to the expiration of a time period for which the permit has been issued, the permittee shall be entitled to a refund in a pro rata amount covering the unused period for which the fee was paid. Provided, however, the city is authorized to retain the refund and apply it towards the cost of restoration as described in Section 13.30.100. (Ord. 1048-84 § 11, 1984)
13.30.120 Right of entry.
The director of public works or his designee is authorized to enter at all reasonable times any property for which a permit authorized herein has been issued for purposes of making inspections and/or restoring property as defined in Section 13.30.100. (Ord. 1048-84 § 12, 1984)
13.30.130 Hold harmless agreement.
All permits issued for the temporary use of a city right-of-way shall be conditioned upon the permittee executing a hold harmless agreement as promulgated by the city attorney’s office. (Ord. 1048-84 § 13, 1984)
13.30.140 Appeal.
Any person whose application for a permit for temporary use of a city right-of-way is denied or any person who feels aggrieved by the city in the granting or denying of a permit shall be entitled to appeal to the city’s land use hearing examiner. The appeal must be in writing and comply with the procedures adopted by the hearing examiner. Said appeal must be filed with the hearing examiner within ten days of the date of notification of the denial or grant. The decision of the hearing examiner is final. (Ord. 1048-84 § 14, 1984)
13.30.160 Nonexclusive provisions.
Penalty and enforcement provisions provided in this chapter shall not be exclusive, and the city may pursue any or all remedies or relief deemed appropriate. (Ord. 1048-84 § 17, 1984)
13.30.170 Purpose and intent—Liability.
A. It is expressly the purpose of this chapter to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter.
B. It is the specific intent of this chapter that no provision nor any term used in this chapter is intended to impose any duty whatsoever upon the city or any of its officers or employees, for which the implementation or enforcement of this chapter shall be discretionary and not mandatory.
C. Nothing contained in this chapter is intended to be nor shall be construed to create or form the basis for any liability on the part of the city, or its officers, employees or agents, for any injury or damage resulting from the failure of a permittee to comply with the provisions of this chapter, or by reason or in consequence of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement pursuant to this chapter, or by reason of any action or inaction on the part of the city related in any manner to the implementation or the enforcement of this chapter by its officers, employees or agents. (Ord. 1048-84 § 19, 1984)