Chapter 12.32
SIDEWALK ENCROACHMENTS
Sections:
12.32.020 Permit – Application – Contents.
12.32.030 Permit – Application – Staff report.
12.32.040 Permit – Application – Fee.
12.32.050 Permit – Revocation.
12.32.010 Permit – Created.
There is created a permit by which a commercial property in the B-3 zone may encroach onto the City sidewalk right-of-way. [Ord. 1391 § 1, 1983; 1956 Code § 9-901.]
12.32.020 Permit – Application – Contents.
Application shall be made on forms provided by the City. The application shall show:
A. The location of the property.
B. A scale drawing showing the nature and extension of the encroachment. This drawing shall be of sufficient quality to provide the Council and staff with sufficient information to fully evaluate the proposal. [Ord. 1391 § 2, 1983.]
12.32.030 Permit – Application – Staff report.
The staff will review the proposal and meet with the applicant in order to prepare a report and recommendation to the Council who shall have the final authority to grant or deny the permit. In reviewing the application, the staff and Council shall consider:
1. The location of the property;
2. The width of the sidewalk;
3. The amount of pedestrian traffic on the sidewalk;
4. The nature and extent of the encroachment;
5. Any problems of maintenance to the City. [Ord. 1391 § 2, 1983.]
12.32.040 Permit – Application – Fee.
There shall be a permit fee of $1.00 per year for the duration of the permit for each application, to be paid at the time of permit approval for a continuing encroachment on the public right-of-way for a period not to exceed 25 years. [Ord. 1391 § 4, 1983.]
12.32.050 Permit – Revocation.
Absent mutual assent by the landowner and the City, an encroachment permit may be revoked by the City Council if the Council finds:
A. The owner of the encroachment permit is not or refuses to maintain the encroaching premises or property located thereon in a suitable fashion.
B. The public is being injured or is likely to be injured as a result of the encroachment or the owner’s use thereof. [Ord. 1391 § 5, 1983.]