(a) The following regulations are intended to assist applicants and business owners in establishing attractive and safe Encroachments that benefit both the downtown business community and the citizens that enjoy those public spaces:
(1) General Requirements.
A. The City’s goal is to maintain the highest standards of accessibility and safety while achieving an attractive and functional design within its downtown area;
B. In general, Encroachments should complement public Use and improvements. In no case shall Encroachments exclude the public from any public Sidewalk or Street;
C. Allowed Encroachments shall comply with all requirements of this Ordinance and the City’s Codified Ordinance; and
D. This subsection applies to any and all Uses of land or Structures, including existing Uses and Structures.
(2) Location and Dimensional Requirements.
A. Encroachments may be allowed where it can be determined by the City Planning Department that the Encroachment would not result, individually or cumulatively, in a narrowing of the Sidewalk such that important functional attributes of the downtown, (e.g., ability of pedestrians to stroll side-by-side and to pass comfortably for significant stretches, lingering and window shopping) are not jeopardized. The location and dimensions of any item located in a public place shall meet the minimum guidelines set forth herein and any other applicable local, state or federal law or regulation;
B. Encroachments must maintain a clear path of no less than five (5) feet. The City Engineer/Planning Director or designee may permit paths of travel of less than five (5) feet in instances where safe access can be determined;
C. Encroachments shall not block safe access to businesses, parking spaces, bike stalls, or other spaces required by local, state or federal building or safety codes;
D. Encroachments shall not encroach into the areas near corners of Sidewalks or where crosswalks are present. This area shall be defined with a 15-foot area, beginning near the crosswalk or curb cuts;
E. Tables shall not exceed forty-two (42) inches in width at the greatest dimension;
F. Chairs shall not extend into the required accessible walkway at any time. Chairs must be at a scale appropriate to the size of the table or space available for seating;
G. Portable outdoor heating devices and permanently mounted heating devices shall be reviewed by the City Engineer/Planning Director or designee for safety and aesthetics and require either a Use and Occupancy Permit or Building Permit as applicable;
H. The City Council shall review any items placed in the public right-of-way; and
I. Encroachments shall not intrude onto other private properties.
(3) Maintenance and Operational Requirements.
A. Maintenance of Encroachments shall be the sole responsibility of the owner of the Encroachment;
B. Any item permitted to be placed in the public right-of-way shall be maintained in a safe manner so as not to obstruct pedestrian access to public Sidewalks, access ramps or doorways. Movable items, such as chairs, shall always be positioned to prevent obstruction of access routes. The permitted item shall always be relocated to the appropriate location if moved by patrons;
C. All materials shall be well maintained without stains, rust, tears or discoloration. Materials that show signs of significant wear/age shall be replaced; and
D. All Encroachments shall be constructed of durable fade resistant materials.
(4) Colors and Materials.
A. All items located on the public Sidewalk shall be constructed of durable materials appropriate for use in the public rights-of-way. Folding chairs, lightweight materials, deteriorated, ultraviolet ray damaged, splintered or other similar furniture will not be approved or placed in the rights-of-way. Sealed or painted metal or wood tables are recommended; and
B. Encroachments shall be complementary in material, color and design to the Buildings they serve and to which they are adjacent.
(5) Umbrellas and Outdoor Furniture. Umbrellas shall be installed and maintained to provide pedestrian clearance by maintaining seven (7) feet of clearance from the Sidewalk to the lowest edge of the umbrella. Umbrellas shall not exceed a maximum height of nine (9) feet from the base to the top portion of the pole.
(6) Planters and Landscaping.
A. Private planters should be kept to a minimum and shall be placed against Buildings to accent Building entrances and openings. Private planters should complement but not interfere with or be placed adjacent to City-maintained planters located along the Street curb. Planters shall not be used to define seating areas or otherwise cordon off public Sidewalk for private use;
B. Plant material shall be of high quality and shall always be maintained in a viable condition; and
C. Debris or litter caused by planters or nearby landscaping shall be maintained or cleaned by the responsible business or property Owner. Debris, stains or litter shall be cleaned or removed by the responsible business or property Owner.
(7) Other Encroachment Types. Other types of Encroachments, not anticipated by this Ordinance, may be considered and permitted by the City Planning Department, but must comply with the purpose and intent of these requirements. (Ord. 2021-07. Passed 7-21-21.)