This chapter shall be known as the Washington Street Activation
Zone Ordinance.
(Ord. 22-507 § 1)
This chapter establishes a process to permit business owners
in the Washington Street Activation Zone to use the outdoor area(s)
associated with the business and/or the sidewalk area(s) located immediately
in front of the place of business for accessory uses and/or quasi-public
improvements.
(Ord. 22-507 § 1)
means outdoor seating associated with a business; temporary
retail; temporary food and beverage service; curbside pickup of food
and beverages; and/or other outdoor uses authorized by the Planning
Officer. Accessory uses shall conform to the standards and guidelines
contained in or authorized by this chapter.
means improvements of a private and permanent nature that
business owners place in the outdoor area(s) associated with the business
and/or the sidewalk area(s) located immediately in front of the place
of business, but which are of benefit to the general public. Quasi-public
improvements shall conform to the standards and guidelines contained
in or authorized by this chapter and may include, but are not limited
to, benches, planters, tables, chairs, and landscaping features.
includes all properties abutting Washington Street, or within
one block thereof, with a valid use permit authorizing a commercial
use.
(Ord. 22-507 § 1)
A.
Business
owners in the Washington Street Activation Zone may provide for accessory
uses and/or quasi-public improvements by entering into a license agreement
with the Town or securing a permit therefor as follows:
1.
If the accessory uses and/or quasi-public improvements will be, in
whole or in part, in the sidewalk area(s) located immediately in front
of the place of business or otherwise in the public right-of-way,
the business owner shall enter into a license agreement with the Town,
to be negotiated, executed, and administered by the Planning Officer
or her/his designee. A license agreement approved hereunder shall
be valid for one year, or a shorter period in the discretion of the
Planning Officer, and subject to the provisions negotiated by the
Planning Officer.
2.
If the accessory uses and/or quasi-public improvements will be wholly
located in the outdoor areas associated with the business and not
in the sidewalk area(s) located immediately in front of the place
of business or otherwise in the public right-of-way, the business
owner shall secure a permit therefor from the Planning Officer. A
permit granted hereunder shall be valid for one year, or a shorter
period in the discretion of the Planning Officer, and subject to any
conditions imposed by the Planning Officer.
B.
The
Planning Officer may approve a license agreement or grant a permit
hereunder if the proposed accessory uses and quasi-public improvements:
C.
In
approving, granting, or denying a license agreement or permit hereunder,
the Planning Officer shall provide her or his decision in writing
stating the reasons therefor.
D.
The
Town Council may by resolution establish a fee for processing applications
for license agreements and permits under this chapter.
(Ord. 22-507 § 1)
An application for a new or renewed license agreement or permit
under this chapter shall be submitted on a form approved by the Planning
Officer and shall include a scaled plan, drafted in a legible manner,
showing the proposed location, size, number, and type of accessory
uses and/or quasi-public improvements as well as a description thereof.
Photographs and mock-up displays are encouraged and may be required
in the discretion of the Planning Officer.
(Ord. 22-507 § 1)
Accessory uses and/or quasi-public improvements in the Washington
Street Activation Zone shall adhere to standards and guidelines prepared
by the Planning Officer and approved by the Town Council. The Planning
Officer may propose standards and guidelines and amendments thereto
from time to time under this chapter and, when approved by the Town
Council, the standards and guidelines shall be binding and enforceable
as though set forth in this chapter.
(Ord. 22-507 § 1)
A.
A
license agreement or permit under this chapter shall not be required
for any outdoor use and/or quasi-public improvements authorized by
this code or authorized by any other permit or entitlement issued
under this code.
B.
A
license agreement or permit under this chapter shall not be approved
or granted for any accessory uses and/or quasi-public improvements
prohibited by this code or prohibited by any other permit or entitlement
issued under this code.
C.
A
business owner with a license agreement or permit approved or granted
under this chapter shall not be required to secure any other permit
or entitlement under this code for the same accessory uses and/or
quasi-public improvements for which the license agreement or permit
was approved or granted.
(Ord. 22-507 § 1)
