11.60.120 Approval criteria.
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A. If the director finds that the application for a right-of-way use permit conforms to the requirements and procedures of this chapter and to other applicable city code or regulations, and that the proposed use will not unduly interfere with the rights and safety of the public, the official may approve the permit and impose such conditions as are reasonably necessary to protect public health, welfare, and safety and mitigate any impacts resulting from the use.
B. The director may approve, approve with conditions, or deny a right-of-way use permit. Approval of a proposed use is subject to compliance with all the following criteria:
1. The proposed use must not:
a. Impede reasonable ingress and egress to abutting properties; or
b. Create the imminent possibility of conduct likely to endanger public safety or to result in significant property damage; or
c. Be conducted in the traveled way unless a portion of the traveled way is closed to vehicle traffic for the duration of the activity; or
d. Violate public health or safety or laws; or
e. Have a significant adverse impact upon residential or business access and traffic circulation in the area governed by the permit.
2. The proposed use must:
a. Comply with the requirements for and implement a traffic control plan as directed by Chapter 11.40 VMC; and
b. Obtain the approval of other agencies with authority over the proposal (e.g., the Clark County health department, Washington State Department of Transportation, etc.) if required by law for the proposed use; and
c. Provide for safety and operations as approved by the director; and
d. Conform to the requirements of law or duly promulgated city regulations.
3. If a right-of-way use permit was previously issued to the applicant for the same or similar purposes, the permittee must demonstrate compliance with any material term of this chapter or condition of the previously issued permit.
4. Where the use includes a structure or appurtenance in the right-of-way, the proposed use must be approved by the city building official as meeting VMC Title 17 standards.
5. No new right-of-way use permit may be issued if an earlier right-of-way use permit has been issued for the same right-of-way to be used at the same time, except if the applicant for the later permit establishes that the two uses will not conflict.
6. The applicant must demonstrate ability and willingness to conform to the terms and conditions of this chapter. (Ord. M-4016 §2, 2012; Ord. M-2876 §11, 1990)