(A) A courtesy bench shall be located parallel to the nearest curb and no less than 30 inches behind the face of the curb at its closest point.
(B) A courtesy bench may be located on a concrete sidewalk, provided there remains a minimum continuous width of six feet, including the top of the curb or unobstructed sidewalk.
(C) A courtesy bench must not be located within the two-foot clear zone of a bituminous multi-use path.
(D) A courtesy bench shall be installed and maintained on a durable, level surface, including, but not limited to, concrete or decorative brick or block pavers. Such courtesy bench shall be of sufficient weight or shall be secured in a manner to minimize the potential of accidental tipping or vandalism. No courtesy bench shall be fastened, secured or anchored to any city property, including, but not limited to, city sidewalks, utility poles and signposts, without the approval of the city.
(E) A courtesy bench shall have a minimum paved clearance of three feet on at least one end of the courtesy bench.
(F) A courtesy bench placed on a boulevard shall have a durable surface provided under and around the courtesy bench with the durable surface extending from the curb to the sidewalk. A courtesy bench placed behind a sidewalk shall have a durable surface under and around the courtesy bench with the durable surface extending to the sidewalk and then to the curb. The durable surface shall extend at least two feet beyond the ends of the courtesy bench when the courtesy bench is located in front of a sidewalk. The durable surface shall extend at least six inches beyond the ends of the courtesy bench when the courtesy bench is not located in front of a sidewalk. A courtesy bench placed at a location where no sidewalk exists shall have a durable surface extending from the edge of the roadway to the courtesy bench, including clearance areas required in this division. A right-of-way permit may be required when permanent structures, surfaces or similar uses are proposed per § 102.28
(G) A courtesy bench shall not be located within five feet of a fire hydrant, driveway, or marked crosswalk.
(H) A courtesy bench shall be constructed of durable materials, including, but not limited to, concrete, wood, steel, plastic or a combination thereof, with colors limited to earth tones of subdued greens, grays, browns, reddish-browns, and golds.
(I) No courtesy bench shall be more than 44 inches high, 30 inches wide, or more than seven feet long, overall.
(J) A courtesy bench shall be located only at a designated metro transit bus stop, school bus stop, or in areas with significant rideshare pick-ups. No more than one courtesy bench is allowed at a bus stop.
(K) It shall be the duty of the courtesy bench licensee to maintain each courtesy bench, at all times, in a safe condition at its approved location, and to inspect each courtesy bench periodically in order that such courtesy bench may be properly maintained including the removal of snow and trash left in the immediate vicinity.
(L) No license shall be granted within a light rail transit corridor or where publicly owned benches are provided.
(M) The courtesy bench license application shall be denied if the city determines that the maintenance of the courtesy bench at the proposed location would tend to obstruct passage along any public sidewalk or public way, or tend to create a hazard, or otherwise tend to be detrimental to the public safety, convenience or welfare.
(N) If the owner or lessee of any property on which a courtesy bench is located shall, by writing filed with the city on or before December 1 preceding the expiration of a courtesy bench license, withdraw consent to the renewal of such courtesy bench license, after such expiration, the city shall promptly notify the courtesy bench licensee of the filing of such writing, and shall deny the renewal of such license unless and until such owner or person in possession or control of the property on which the courtesy bench is located shall in writing consent to such renewal courtesy bench license being issued.
(O) In the event the license holder is not performing the maintenance duties and the city abates trash, snow removal, repairs, and other maintenance activities, the costs of the abatement must be paid for by the license holder at the time of license renewal.
(P) All existing privately-owned courtesy benches within the city limits at the time of adoption of this chapter shall have one year to comply with the standards in this section.
(Ord. 2021-1263, passed 5-10-21)