Chapter 12.10
STREET USE PERMITS – COMMERCIAL, MIXED USE, MARINE-RELATED AND MANUFACTURING DISTRICTS
Sections:
12.10.010 Applicability – Permit required.
12.10.040 General procedure for applications.
12.10.045 Special limitations for streateries and parklets.
12.10.050 Regulations and city codes.
12.10.060 Approval criteria – Short-term permits.
12.10.070 Approval criteria – Annual permits.
12.10.075 Renewal process – Annual permits.
12.10.080 Permit – Applicant acknowledgment – Americans with Disabilities Act.
12.10.090 Performance deposits, security devices, and insurance.
12.10.110 Revocation or temporary suspension.
12.10.115 Maintenance and removal of streateries and parklets.
12.10.120 Permit fees and charges.
12.10.130 Violations and penalties.
12.10.005 Intent.
The issuance of street use permits for activities and features on city streets and sidewalks are intended to positively promote the character and values of the community and add to the unique vibrancy of Port Townsend. Holders of street use permits have a distinct responsibility to create public benefit through activating the street in service to the community in balance or exceedance of the private benefit.
It is the intent of the city of Port Townsend to promote and improve the vitality of its business districts by encouraging pedestrian scale use of public sidewalks and streets to support a high-quality public experience, ground floor retail business, and mixed use when allowed, all consistent with the city’s Comprehensive Plan.
It is the policy of the city that the streets are primarily to provide safe use by the general public in balance with the city’s complete streets policy and sidewalks are primarily used to provide safe and convenient pedestrian use by the general public. Limited secondary uses of parking and sidewalk areas may be considered for sidewalk cafes, parklets, and streateries only to the extent that such uses are consistent with the underlying zone and promote the surrounding business districts as pedestrian and people-oriented areas, while considering the city’s transportation, parking, and circulation goals. Facilities permitted with street use permits should be a cooperative effort between the business owners, property owners, public, and the city to achieve the objectives and intent set forth in this section. (Ord. 3289 § 1 (Exh. A), 2022).
12.10.010 Applicability – Permit required.
This chapter pertains to allowing short-term and annual uses on streets, sidewalks, city-owned property, 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. For the purposes of city owned fee simple property, the final permit shall serve as a license for such use. Proposed uses approved though a street use permit may extend beyond one year, however, they are subject to annual renewal of a use permit issued pursuant to this chapter.
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. 3289 § 1 (Exh. A), 2022; 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 or public right-of-way, are activities of short-term duration, typically, for 72 hours or less, and that do not involve the physical disturbance or alteration of the street, sidewalk or public right-of-way.
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:
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.
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.
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.
4. Temporary Storage of Materials Related to Construction. Use of public roads to store construction-related materials in support of ongoing construction activities. (Ord. 3289 § 1 (Exh. A), 2022; 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 consistent with the intent of this chapter, over the longer term, that do not involve the physical disturbance or alteration of the surface of the street or sidewalk, and that 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, streateries, parklets, and other uses that require longer-term authorization. These activities must comply with the underlying zone and 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:
1. Newspaper Sales and Private Mail/Parcel Boxes. Commercial structures, other than individual U.S. Postal Service boxes, that use the street, sidewalk or public right-of-way for extended time periods for newspaper sales or the private collection of mail or parcels.
2. Waste Collection and Recycling Facilities. Structures using the street, sidewalk or public right-of-way for extended time periods to collect recyclable materials.
3. Special Commercial Uses. Private bus stops/shelters and other similar uses requiring dedicated use of the street or public right-of-way for private transportation and traffic purposes.
4. Sales Structures and Sidewalk Cafes. Use of the sidewalk or public right-of-way directly adjacent to the associated business for the sale of flowers, food or beverages, outdoor seating etc.
5. Special and Unique Structures. 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.
6. Streatery. A constructed outdoor dining facility operated by an adjoining restaurant that has exclusive use of the space during business hours of the restaurant and are open to the public at all other times. Streateries serve the same purpose as sidewalk cafes except they use parking spaces immediately outside the restaurant and may be combined with a sidewalk cafe to create a larger outdoor dining space.
7. Parklet. A public space in the parking area of a street resembling a park typically with benches or seating areas and greenery such as flower baskets. Parklets include a creative design approach to add to the aesthetic. Unlike streateries, parklets are open for public enjoyment 24 hours per day, seven days per week. Parklets may be initiated by a business, group of businesses, or nonprofit, in cooperation with the city and the abutting property owner. (Ord. 3289 § 1 (Exh. A), 2022; Ord. 3017 § 1 (Exh. A), 2009).
12.10.040 General procedure for applications.
This chapter shall be administered by the public works director in coordination with the planning and community development director and the police chief. The public works and planning and community development departments 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 or right-of-way unless the public works director approves one application for several related activities. (Ord. 3289 § 1 (Exh. A), 2022; Ord. 3017 § 1 (Exh. A), 2009).
12.10.045 Special limitations for streateries and parklets.
In addition to the requirements set forth in PTMC 12.10.070, the following conditions and permit criteria shall apply:
A. Due to the impact on parking, parklets and streateries are to be limited in number as follows:
1. Two total streateries or parklets in the C-III historic commercial district uptown.
2. One streatery or parklet per block in all other commercial districts or mixed use districts.
3. No streateries are permitted in the C-III historic commercial district downtown after December 31, 2022.
B. The city will allocate any available streatery or parklet permits based on a lottery to be held on or about July of each calendar year. In order to be eligible for the lottery, applicants must have submitted a letter of interest with a basic site plan and proof of notice to all residents and business and property owners within 300 feet of the proposed streatery. All applicants will be invited to attend the lottery drawing.
C. Streatery and parklet applicants selected in the lottery process must submit a site plan design and aesthetics concept plan for review by staff and the historic preservation committee, if applicable, within 60 days of selection.
D. Streatery and parklet applicants must obtain all other necessary permits, including but not limited to building permits, liquor licenses, and health inspections.
E. Streatery and parklet applicants must locate their streatery or parklet immediately adjacent to their business. The maximum length shall not exceed the business storefront frontage or the dimensions of two parking spaces, whichever is less. Streateries may be constructed to meander the sidewalk into the parking spaces allowing greater width for a sidewalk cafe adjacent to the adjoining building if this can be done safely and consistent with all applicable laws. A parklet or streatery may extend beyond the frontage if necessary to better fit with existing street features such as parking spaces, street trees, utilities and business with written permission from the adjoining business owner; the maximum length will still apply.
F. A group of businesses may jointly apply for a parklet, which would enable flexibility in location.
G. The permit-holder must maintain the entire sidewalk, including both the permit area and the unobstructed pedestrian corridor, plus a distance of 25 feet either side thereof, in a clean, swept, and litter-free condition.
H. The minimum height for umbrellas and other shade devices extending into the pedestrian passage way shall be seven feet above the ground in order to provide unobstructed passage for pedestrians. There shall be no overhead extensions into the vehicular travel way.
I. No food preparation shall take place within the permit area.
J. The permit holder shall provide, clean, and empty trash receptacles and ash trays as required.
K. The pedestrian passage way or corridor shall be a minimum of six feet in width. The pedestrian passage way shall be kept clear of obstructions at all times.
L. No off-premises advertising signs or displays are permitted within the permit area.
M. The permit holder will provide public access signage. Streateries signage shall include notice of the availability of public use for all hours outside the normal operating hours of the permit holder’s business. Signs shall clearly state the business hours or operation. Parklets shall be signed with public access 24 hours per day.
N. Site plans shall demonstrate access and noninterference with public utilities. Facilities shall not block access to fire hydrants.
O. Safety elements shall be required including reflective markings on the traffic side of parklets and streateries along with 30-inch minimum height barrier. A traffic barrier shall be required on the leading edge of the facility when applicable. The edge of the facility shall be set back a minimum of 12 inches from the edge of the traveled lane.
P. Structural elements shall be designed in accordance with PTMC Title 16 and withstand all live and dead loads, including wind. Proper ballasting shall be provided to hold structures in place.
Q. ADA compliance is required and facilities shall be level with the curb or include appropriate ramps.
R. Review of all applications shall be administrative. However, the historic preservation committee shall provide design review for all applications in the historic zoning districts or if the proposal impacts a historic property. The historic preservation committee will provide a recommendation regarding the following design and aesthetic criteria:
1. Materials shall be durable and aesthetically complementary to the surrounding business district.
2. Designs shall be complementary but distinctly different from the existing buildings within the historic district in accordance with the Secretary of the Interior standards for new construction and additions.
3. Designs should include greenery elements to soften the environment.
S. Weather protection may include heaters, covers, and windbreaks. Weather protection should be removeable. Weather protection shall comply with applicable fire safety standards including the International Fire Code and PTMC Title 16. (Ord. 3289 § 1 (Exh. A), 2022).
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 and Performances 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. 3289 § 1 (Exh. A), 2022; 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 public works, 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 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. 3289 § 1 (Exh. A), 2022; 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 public works, 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 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 adjustments or improvements shall be made to the right-of-way in the immediate vicinity in order to accommodate the safe passage and 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. 3289 § 1 (Exh. A), 2022; Ord. 3017 § 1 (Exh. A), 2009).
12.10.075 Renewal process – Annual permits.
Streatery and parklet annual permits may be renewed effective January 1st of each year. Permit holders shall inform the city of their intent to renew by December 1st of the year prior. Renewal will be granted upon completion of the following:
A. Satisfactory inspection of the facilities for compliance with conditions of the permit.
B. Provision of updated insurance certificate.
C. Payment of annual and renewal fees.
Minor changes to the permit may be requested or required to adapt to meet the intent of this chapter and to ensure the facility is maintained and safe. Minor changes require written request and may be reviewed administratively at any point in the year or during the renewal process. Minor changes shall be subject to the application for a street use permit fee. Minor changes do not include changes that impact the overall aesthetics or the structural elements of the facility. Changes to the aesthetics or structural elements require reapplication following the requirements of this chapter but shall not be subject to the lottery. (Ord. 3289 § 1 (Exh. A), 2022).
12.10.080 Permit – Applicant acknowledgment – Americans with Disabilities Act.
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. (Ord. 3289 § 1 (Exh. A), 2022; 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 permit holder shall be required to maintain insurance with coverage limits as established by the city. The permit holder shall name the city as additional insured and shall be required to maintain the policy through the term of the permit. The permit holder shall notify the city of policy change or cancellation within five days. (Ord. 3289 § 1 (Exh. A), 2022; 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. 3289 § 1 (Exh. A), 2022; Ord. 3017 § 1 (Exh. A), 2009).
12.10.110 Revocation or temporary suspension.
A. 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.
B. The city may, and reserves the right to, temporarily suspend a sidewalk cafe, streatery or parklet permit during the course of areawide special events or in the interest of the public health, safety and welfare. (Ord. 3289 § 1 (Exh. A), 2022; Ord. 3017 § 1 (Exh. A), 2009).
12.10.115 Maintenance and removal of streateries and parklets.
The permit holder is required to maintain the facility in accordance with good standards of care and the provisions of this chapter and the permit. Failure to maintain the facility will result in revocation of the permit and removal of the facility. Repairs shall be made within 15 days upon request of the city.
Upon nonuse for a period of time in exceedance of 60 days, nonpayment of fees, expiration, or revocation of the permit, the applicant is required to remove the facility within 30 days. If the permit holder reinstates use of the facility within 90 days, they shall not be subject to the lottery for permits subject to PTMC 12.10.045.
Failure to remove the facility within the time frame shall result in a fine and the city removal of the structure. All costs associated with removal of the structure shall be borne by the applicant.
Street use permits are location specific. Permits may not be transferred to other locations. In the case that a business is the permit holder and the business changes ownership, the original permit holder shall be responsible for the facility until the permit is transferred to the new business owner. The original permit holder may request transfer of the permit to the new owner only with the approval of the city. The permit holder for streateries and sidewalk cafes shall be the same entity named on the city business license. (Ord. 3289 § 1 (Exh. A), 2022).
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. 3289 § 1 (Exh. A), 2022; Ord. 3017 § 1 (Exh. A), 2009).
12.10.130 Violations and penalties.
All violations of any provision of this chapter or incorporated standards, or of any permit or license issued hereunder, are declared nuisances and made subject to the administration and enforcement provisions of Chapter 1.20 PTMC, including any amendments, and including but not limited to abatement, criminal penalty, and civil penalty as set forth in Chapter 1.20 PTMC, which are incorporated by reference as if set forth herein. (Ord. 3289 § 1 (Exh. A), 2022).