11.60.060 Types of right-of-way use permits.
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A. The Director shall classify each application by determining whether the use applied for is similar in nature and degree to those uses described under each permit type in this section. An applicant may appeal the Director’s classification as provided in Section 11.60.190.
B. The following types of right-of-way use permits are established:
1. Type A – Short-Term Permit.
a. This type of use may involve disruption of pedestrian and vehicular traffic or access to private property and may require inspections, cleanup, or other public safety services. These uses do not cause long-term alteration of or disturb the surface or subsurface of the right-of-way.
b. Type A permit uses include, but are not limited to, short-term events that do not require a special event permit under Title 5. These include, but are not limited to, small events such as organized assemblies, walks, runs, bike rides or races, block parties, parking, sidewalk sales, community garage sales, and street dances.
c. Type A permits may be issued for the use of right-of-way for less than 72 hours for uses that do not involve the significant physical disturbance of the right-of-way.
2. Type B – Encroachment Permit.
a. This type of use does not involve the disruption of pedestrian and vehicular traffic or access to private property, but may require special conditions and inspection. These uses do not include the construction of permanent structures in the right-of-way.
b. Type B permit uses include, but are not limited to, awnings, signs, fans, above – and below-ground vaults, shutters, cornices, ornamental projections, show windows, etc., awnings, banners, decorations or hanging baskets, clocks, subsurface vaults or other privately owned infrastructure serving abutting property that exceed any encroachment allowed under the code but are not material encroachments.
c. Type B permits may be issued for a term as defined in the permit or for an indefinite term.
3. Type C – Temporary Use and Occupation Permit.
a. This type of use may involve the disruption of pedestrian and vehicular traffic or access to private property, and may require inspections, emergency services, or clean up. These uses do not include construction or placement of permanent structures or fixtures in the right-of-way.
b. Type C permit uses include, but are not limited to, Type A uses that last longer than 72 hours, placement of container-type storage units, placement of construction or other limited-term dumpster placement, use and occupation of the right-of-way for construction projects for less than 1 year, sidewalk café/sidewalk seating, and vending carts/street vending.
c. Type C permits may be issued for the use of the right-of-way for up to 1 year for uses as described in this subsection.
4. Type D – Long Term Right-of-way Use and Occupation Permit.
a. Type D permit uses include, but are not limited to, landscaping and landscape maintenance in medians and other areas where traffic, safety, or access may be affected; community gardens; fencing; painting; street furniture; flagpoles; marquees; kiosks; signs; bus stops and shelters; dumpsters used in the course of ongoing business; use of the right-of-way for staging and building major construction projects such as public infrastructure and multi-story commercial developments that require use of right-of-way for hauling materials to or from a construction work site for longer than 1 year; and for use of the right-of-way for traffic detours.
b. Type D permits may not be issued for any permanent structure in the right-of-way.
c. Type D permits may be issued for use of the right-of-way that will alter the appearance of or disturb the right-of-way on a one-time or an ongoing basis, including alteration or disturbance of the surface, subsurface, and airspace, on a long-term basis.
d. Type D permits may be for single or multiple locations and may have an indefinite term.
5. Type E – Material Encroachment Permit.
a. Type E permit uses include, but are not limited to, communications and cell towers; permanent structures including, but not limited to, any use of the right-of-way for a building foundation, private stormwater facilities or other essential appurtenant infrastructure or structure that could not practicably be altered or removed without significantly impacting the use or value of the property served; or, if removed, would cause the underlying use to violate any condition of approval of a development permit.
b. Type E permits may be issued for use of the right-of-way for structures, facilities, and uses that involve substantial capital investment and long-term commitment of use.
c. Type E permits shall expire according to their terms or with any substantial change to the use as approved under Title 17 or Title 20. (Ord. M-4179 §7, 2016; Ord. M-4016 §2, 2012; Ord. M-2876 §6, 1990)