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)