(A) The City Administrator shall administer the encroachment permit process.
(B) That process shall include the following elements.
(1) A permit application will be filed that includes the names and signatures of the property owner as well as the applicant if not the owner.
(2) A filing fee for an encroachment permit will be considered as an administrative review type of application and can be found on the various land use and development permit resolution that sets a fee schedule for those types of applications.
(3) A permit application will include detailed drawings of the proposed encroaching object(s) including a materials list and color samples. If it is mounted on the building, such as awnings or flower boxes, the drawings will show the object placed on the building.
(4) A site plan drawn to scale will accompany the application showing the building, doors, sidewalk and proposed encroaching objects(s). The site plan will identify the 60-inch obstruction free pathway.
(5) The application will include a statement, approved by the City Attorney, by which the applicant assumes all responsibility for maintenance and upkeep of the encroaching object and waives all city liability and holds the city harmless against any claims.
(6) If the City Administrator finds all the standards have been met and finds there are no situations or conditions peculiar to the property or proposal that make the placement or installation of the encroaching object potentially harmful to the public health, safety or welfare, then the permit will be approved.
(7) Conditions may be placed on a permit in order to help mitigate potential impacts on the public health, safety and welfare; in order to help assure compliance with the Downtown Design Standards; and in order to help assure compliance with other adopted city policy.
(8) Encroachment permits may have a time limit if found necessary and appropriate, or may run in perpetuity until revoked.
(9) Encroaching objects for which a permit has been obtained may be maintained and replaced without requiring a new encroachment permit, providing:
(a) The maintenance and replacement is consistent with the design approved in the original permit and any conditions placed on that permit; and
(b) No more than one year has passed since an encroaching object being replaced was removed.
(10) An encroachment permit may be revoked if the City Administrator finds:
(a) The continued encroachment creates a threat to the public health, safety or welfare;
(b) There is a public need to use the right-of-way necessitating the removal of the encroaching object; or
(c) The encroaching object is not being maintained or is not consistent with the design approved with the permit.
(11) Revocation of an encroachment permit will be done only following a seven-day notice to the permit holder, except it may be done immediately when there is imminent danger to lives or property.
(Ord. 395, passed 7-28-2008)