Chapter 12.14
DOWNTOWN DEVELOPMENT AND CARE STANDARDS
Sections:
12.14.020 Private mailboxes prohibited on sidewalks.
12.14.030 Public fixtures, standardized color.
12.14.040 Public fixtures and street furniture, standardized design and location.
12.14.050 Outdoor dining facilities, design and placement.
12.14.060 Sidewalk merchandise display.
12.14.010 Applicability.
This chapter applies to all land within the downtown area. (Ord. 99-27 § 21, 1999: Ord. 96-14 § 1(part), 1996).
12.14.020 Private mailboxes prohibited on sidewalks.
Mail and parcel deposit boxes provided by private carriers are not permitted on sidewalks or public right-of-way. Such facilities may be placed on adjacent private property such that they can be accessed by persons on the public right-of-way either as freestanding units or enclosed within a building with a deposit door opening onto the right-of-way subject to an approved development authorization. (Ord. 96-14 § 1(part), 1996).
12.14.030 Public fixtures, standardized color.
Light poles, traffic control fixtures, bicycle racks, and other public fixtures within the downtown area shall be painted “Downtown Green” as that color is defined in the downtown development standards document. The city engineer may exempt individual fixtures or classes of fixtures from this requirement for reasons which the city engineer, in his sole discretion, shall determine to be justifiable. (Ord. 96-14 § 1(part), 1996).
12.14.040 Public fixtures and street furniture, standardized design and location.
A. Street benches, litter containers, light poles, bicycle racks, information kiosks, drinking fountains, street trees, irrigation facilities, pedestrian bollards, tree well/grate assemblies, and other streetscape fixtures shall be of the type and design specified in the downtown master plan. Location shall be as shown on the standard streetscape template in the downtown master plan upon approval of a permit.
B. Where the fixture being proposed is not represented on the current adopted City Standard Plans for Downtown as provided in Section 12.01.040, is not included in the downtown master plan, or is a variation on existing designs, the city engineer shall determine acceptability of design and proposed location after consultation with development services and organizations concerned with development of downtown. The site plan review committee may be engaged if the city engineer or the development services director feels that additional formal input is necessary. (Ord. 2020-51 2§ 3, 2020; Ord. 2017-45 § 18, 2017: Ord. 2016-03 § 5, 2016: Ord. 96-14 § 1(part), 1996).
12.14.050 Outdoor dining facilities, design and placement.
Outdoor dining facilities are recognized as contributing to the visual, cultural, and economic vitality of downtown. This benefit must, nevertheless, be secondary to the basic purpose of safe pedestrian transport. The city engineer and the site plan review committee are responsible for balancing these interests to the best benefit of downtown.
A. Applications for outdoor dining facilities shall be constructed in detail by the applicant according to City Standard Plans for Downtown Outdoor Seating. This design shall be reviewed by the site plan review committee.
B. Basic placement standards shall maintain a minimum width of unobstructed pedestrian walkway sufficient to satisfy Americans with Disabilities Act (42 U.S.C. 12101 et seq.) accessibility guidelines. Dining area enclosures shall be designed to provide proper visibility for pedestrians, minimal damage to the sidewalk, minimal obstruction to pedestrian passage, and maximum protection against pedestrian fall or collision hazard.
C. The site plan review committee shall prepare a report for consideration of the office of the city engineer. If the office of the city engineer approves placement of the facility, it shall authorize issuance of a permit to occupy public right-of-way. Conditions of the permit shall include liability insurance in a form and amount required by the city, and a hold-harmless agreement to the benefit of the city in a form required by the city.
D. A permit to occupy public right-of-way is revocable by the city at any time for any or no cause. When an outdoor dining facility is removed for any reason, whether on the initiative of the owner, or due to revocation of the permit by the city, it shall be the responsibility of the owner to restore the sidewalk to a condition acceptable to the office of the city engineer. (Ord. 2020-51 § 3, 2020; Ord. 2020-17 § 1, 2020; Ord. 2005-14 § 1, 2005: Ord. 96-14 § 1(part), 1996).
12.14.060 Sidewalk merchandise display.
Display of merchandise on the sidewalk under specific conditions is recognized as an enhancement of the economic and social well-being of downtown. Recognizing that the primary purpose of the sidewalk is to provide safe pedestrian transport, outdoor merchandise display is limited according to the following standards:
A. Merchandise shall only be displayed on the sidewalk after issuance of a permit to occupy the right-of-way. Conditions of the permit shall include liability insurance in a form and amount required by the city, and a hold-harmless agreement to the benefit of the city in a form required by the city. The permit shall state the standards which apply to the subject display. The display shall, at all times, conform to the standards set forth in the permit. Violation of any standards of the permit shall be cause for revocation of permission for said display.
B. Unless otherwise permitted as with a special event, a business’s outdoor merchandise display shall only be placed in front of that business immediately adjacent to the building and shall maintain a minimum width of unobstructed pedestrian walkway sufficient to satisfy Americans with Disabilities Act (42 U.S.C. 12101 et seq.) accessibility guidelines.
C. All outdoor displays of merchandise may only be displayed during business hours. (Ord. 2020-51 § 3, 2020; Ord. 99-27 § 22, 1999: Ord. 96-14 § 1(part), 1996).