(A) Streets.
(1) No encroachments may be made within a travel, bike or parking lane within a street.
(2) Encroachments may be made within an unimproved right-of-way if all other standards are met and if the encroachment permit includes a provision indicating the encroachment must be totally removed by the owner and at the owner’s expense upon revocation of the encroachment permit by the city.
(B) Sidewalks. Encroachments may be made into a sidewalk area subject to the following standards.
(1) Encroachments can only be proposed and may only be owned by the property owner or business owner fronting on the sidewalk where the encroachment is proposed.
(2) No encroachment shall be designed or allowed so that it blocks a pathway 60 inches wide along the sidewalk, running the length of the property, which is free from any obstruction.
(3) Street furniture:
(a) Outside of the 60-inch obstruction free pathway, privately owned items may be placed such as planters, flower boxes, light poles, newspaper boxes, benches and other street furniture;
(b) Outdoor seating, with chairs and tables, may be allowed subject to the 60-inch obstruction free pathway being maintained and all other laws and regulations pertaining to food service being met; and
(c) All street furniture, including planters, trash enclosures, seating and the like shall be consistent with the design standards of the City Downtown Design Plan and Strategy dated January 2004.
(4) Flower baskets may be hung on street light poles and utility poles subject to approval of the hanger design by the Public Works Superintendent. No basket shall have vegetation hanging lower than seven feet above the sidewalk within the 60-inch obstruction free pathway.
(5) Awnings:
(a) Awnings of wood, metal or canvas may be affixed to the front of a building and extend over a sidewalk;
(b) All awnings construction or installation must obtain appropriate building permits;
(c) All awnings must conform to the design standards established in the City Downtown Design Plan and Strategy and in the D (Downtown) Zone and C (Commercial) Zone as that zone applies within the Downtown Comprehensive Plan designated area. Awnings in the right-of-way and created as part of newly constructed buildings shall be reviewed and approved along with the rest of the building design through the site and design review process;
(d) Awnings must maintain a clearance of eight feet above the grade of the sidewalk;
(e) Awnings may have vertical support posts as long as those posts are outside the 60-inch obstruction free pathway; and
(f) Awnings shall be designed and installed with the intent of reducing the danger of accumulated snow or ice falling within the 60-inch obstruction free pathway. Provisions will be made to prevent rain water from running over or accumulating on the sidewalk or creating ice build up on the sidewalk.
(C) Signs.
(1) Temporary or portable signs will conform to the Sign Code Chapter of the Community Development Code.
(2) Signs placed on awnings shall comply with all standards and processes of the Sign Code Chapter of the Community Development Code and shall be considered as part of all signage for the subject property.
(Ord. 395, passed 7-28-2008)