11.60.040 Right-of-way use permit required.
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A. Except as provided elsewhere in the code or as approved by the City Council, no person shall make use of any public right-of-way for anything other than travel and property access without first having obtained a right-of-way use permit or other City permit authorizing such use.
B. Exemptions. The following activities are exempt from the requirement to obtain a permit under this chapter:
1. Parades, athletic events or other small events that are conducted by the City.
2. Activities conducted by a government agency acting within the scope of its authority.
3. Funeral processions operated by a licensed mortuary.
4. Special events regulated by VMC Chapter 5.17.
5. Expressive activities that are conducted outside the traveled way.
6. Temporary stands for the sale of refreshments by children, also known as lemonade stands.
7. Utilities in the public right-of-way regulated under Title 11.
8. Newsracks regulated by Chapter 11.54.
9. Minor encroachment as allowed or required under Title 20 or Title 17.
10. Construction or repair activities or emergency access in the traveled way where use of the traveled way is necessary for construction or repair or for emergency access, and only in compliance with the terms of the requirements in Chapter 11.40 for a traffic control plan.
11. A homeowner may temporarily store landscaping materials for up to 72 hours without a permit in compliance with the following:
a. The homeowner may only store materials on right-of-way on a non-arterial street abutting the homeowner’s home provided the street and/or sidewalk is not constructed of permeable material;
b. No stored material may encroach into a travel lane;
c. At least five (5) feet of clear space must be maintained for pedestrian passage on any affected sidewalk, or on the roadside where there is no sidewalk;
d. Storage of the material shall not violate any provision of VMC Title 14 dealing with erosion control and surface water discharge;
e. The stored material must not damage the public infrastructure.
12. Sidewalk Display and Use. A business upon property abutting a public right-of-way in a commercial zone that makes sales to the public is not required to obtain a permit for minor use of the right of way to display on a public sidewalk goods or wares or services that are being offered for sale inside the business. Sidewalk displays and uses allowed herein are subject to the following criteria and may be disallowed by the Director upon notice to the property owner under the enforcement provisions of this chapter:
a. The location of the sidewalk use or display shall not reduce or obstruct pedestrian passage on the sidewalk to less than 6 feet to the nearest street trees, utility poles, traffic control signs and devices, parking meters, fire hydrants, buildings, and similar devices and structures. Furthermore, such placement shall be consistent with any applicable standards established by the Americans with Disabilities Act (ADA) and shall not obstruct vehicle traffic or parking or the use of any crosswalk, wheelchair ramp, or bus or taxi zone.
b. The display or use must be flush against the building of the abutting property, leave entrances and driveways clear, and not extend more than 3 feet into the sidewalk.
c. The display or use must be removed when the business is closed.
d. If the display or use is in place before sunrise or after sunset, the display must be lighted and easily seen by passing pedestrians.
e. The display or use may not contain liquor, tobacco, firearms, munitions, or any goods or articles which a minor is prohibited by law from purchasing, or any good or material restricted by the fire code or other law or regulation from direct access or handling by the public.
D. Additional permits for any right-of-way use may be required by other City code provisions or ordinances even if they are exempt from the requirements of this chapter. In addition:
1. Any activity conducted in the right-of-way shall comply with Chapter 11.40 Traffic Control Code.
2. Any private land use development, activity, or expansion that, if conducted on private property, would be governed by Title 17 or Title 20 shall be required to obtain approval under those titles for the proposed use prior to any proposed use of the right-of-way as approved under this chapter. If approval under Title 17 or Title 20 is required for any proposed use of the right-of-way, a right-of-way use permit shall be obtained prior to approval under Title 17 or Title 20. (Ord. M-4179 §6, 2016; Ord. M-4016 §2, 2012; Ord. M-2876 §4, 1990)