It is the purpose of this chapter to establish provisions by which the town can evaluate and authorize private use of public streets and sidewalks while preserving the public's health, safety, and welfare.
(Ord. 888 § 2 (Exh. 1), 2025)
This chapter pertains to the temporary use of public sidewalks and similar areas of public rights-of-way by persons or entities other than public agencies. Regulated uses include fixtures and activities noncommercial in nature; activities and fixtures of a commercial nature, including outdoor dining areas; display of merchandise; mobile vendors; public performances and exhibitions conducted with an expectation of financial compensation; and similar uses within public streets and sidewalks within town limits.
This chapter is not intended to regulate, abridge, or curtail the following:
(1)
Uses, improvements, or activities of the town of Concrete;
(2)
Rights and privileges guaranteed by state or federal law; or
(Ord. 888 § 2 (Exh. 1), 2025)
The following words and phrases when used in this chapter shall have the following meanings:
(1) “Noncommercial fixture”
means a temporary feature, amenity, or improvement not owned or provided by the town that is provided for the general public's use and enjoyment while not identifying, advertising, or promoting a particular business. Examples include flower baskets, flowerpots, seating available to general public, civic announcements, public art, street clocks, pop-up canopies, tables, etc.
(2) “Sidewalk use permit”
means a sidewalk use permit issued by the town planner or designee.
(3) “Sidewalk”
means that portion of the rightof-way adjacent and parallel to the street, designated for pedestrian use. For the purpose of this chapter, “sidewalk” may include the area between a street curb and the outer extent of the right-of-way.
(4) “Sidewalk cafe”
means a portion of public sidewalk on which tables and chairs are placed for the use of patrons while consuming food and/or beverages served by a cafe, restaurant, or tavern located on the abutting property.
(Ord. 888 § 2 (Exh. 1), 2025)
(1)
It shall be unlawful to occupy or engage in a regulated activity within the sidewalk or right-of-way without a valid sidewalk use permit issued by the town planner or designee.
(Ord. 888 § 2 (Exh. 1), 2025)
(1)
Application Review Fee. At the time of filing the application for a sidewalk use permit, the applicant shall pay to the town an application review fee as established by annual resolution.
(2)
Sidewalk Use Fee. Prior to the issuance of a sidewalk use permit for a commercial (for-profit) use or activity, the applicant shall pay to the town a sidewalk use fee as established by annual resolution. No sidewalk use fee shall be required for noncommercial activities or fixtures as defined by this chapter.
(Ord. 888 § 2 (Exh. 1), 2025)
(1)
Applications for sidewalk use permit shall include the following information and documents, if applicable:
(a)
Name, address, and telephone number of the applicant.
(b)
Written authorization provided by the property owner adjacent to the sidewalk where the applicant is requesting to locate their fixtures or use.
(c)
Drawing to scale depicting the following:
(i)
The specific location and dimensions of the proposed sidewalk use.
(ii)
Location(s) of ingress/egress to the sidewalk use and to the adjacent properties.
(iii)
Proposed location of fixtures.
(iv)
Adjacent on-street parking areas and crosswalks.
(v)
Sidewalk area proposed for unobstructed use by the general public.
(d)
Proposed hours of operation of sidewalk use.
(e)
Written description of the proposed sidewalk use, including food service, alcohol service, amplified music, lighting, signs, security, etc.
(f)
Written description of whether the proposed sidewalk use is provided for the use and enjoyment of the general public or whether the use and enjoyment of the proposed sidewalk use will be available only to commercial patrons.
(g)
Written description of the means of securing/anchoring fixtures.
(h)
Written description of fixtures to remain in the sidewalk during nonbusiness hours.
(i)
Written description of how the sidewalk area will be maintained in a clean and sanitary condition during the sidewalk use, and how the sidewalk area will be restored to its original condition once the activities authorized by the sidewalk use permit have ceased or been terminated.
(j)
Any other information the town may require as needed to evaluate the application.
(Ord. 888 § 2 (Exh. 1), 2025)
Sidewalk use permits shall be subject to the following provisions:
(1)
All Sidewalk Uses.
(a)
An unobstructed sidewalk area not less than four feet in width (as measured from edge of sidewalk to edge of sidewalk) shall be maintained for public use. In instances where public facilities such as traffic signals or fire hydrants exist, the minimum width of unobstructed public sidewalk shall be three feet.
(b)
Use of the sidewalk shall not obstruct required sight distances for motorists and pedestrians.
(c)
Use of the sidewalk shall not obstruct required ingress-egress to adjacent properties.
(d)
Use of the sidewalk shall not obstruct access to public facilities such as traffic signals, fire hydrants, etc.
(e)
All business license requirements shall be met before any sidewalk use business can be conducted. A sidewalk business dispensing food shall not operate except upon proof that the business has all valid licenses or permits required by any authority having jurisdiction over the conduct of the business to be conducted by the applicant; for example, Skagit County health department food service license and food handlers permits, or any other applicable license or permit required by the town, county, or state.
(f)
Sufficient litter receptacles for use must be located on site and the area within a 50-foot radius of any sidewalk use must be kept reasonably clean of all litter and trash that originates from the permitted use.
(g)
No use of utilities except by authorized, conventional, permanent connections.
(h)
When the town determines that access to the public sidewalk is required for work relating to public infrastructure or utilities, the permittee (someone who has been given permission to do something) shall suspend use of the public sidewalk and vacate the area as directed by the town planner, town engineer or public works director at the permittee’s sole cost and expense. In the event of an emergency, the town may remove or move fixtures authorized by a sidewalk use permit. The town shall not be liable for any damage to any fixtures located upon a public sidewalk.
(i)
Unless specifically authorized by the town, fixtures may not be hung from or fastened to any town or utility improvements (signposts, streetlight standards, etc.).
(j)
Use of a public sidewalk shall comply with all applicable local, state, and/or federal laws and regulations.
(k)
The applicant shall agree to defend, indemnify, and hold harmless the town of Concrete as provided by CMC § 12.30.090.
(l)
The permittee shall maintain insurance coverage required by this chapter for the duration of the use of the sidewalk.
(m)
The town planner may, at their discretion, require a bond or other surety to ensure the provisions of this chapter are satisfied.
(n)
The town planner may, at their discretion, attach other special conditions to a sidewalk use permit. Such conditions shall be necessary to satisfy the purpose of this chapter and to protect the public's health, safety, and welfare.
(Ord. 888 § 2 (Exh. 1), 2025)
(1)
Permit Review Process. Sidewalk use permits shall be processed as a Class I land use permit as provided by CMC § 18.08.030(1) and (3).
(2)
Term of Permit. Unless specifically authorized by the town planner, sidewalk use permits shall be valid for a period of one year from the date of permit issuance.
(3)
Nontransferable. Once a sidewalk use permit has been issued, it shall not be transferable to another person or to a location other than stated in the permit; nor shall the specified conditions be changed.
(4)
Revocation or Suspension.
(a)
All permits approved under this chapter shall be temporary, shall vest no permanent right, and may be revoked or suspended at the sole discretion of the town upon 30 days written notice from the town planner to the permittee, or without notice in the event that, after consultation with the town engineer and public works director, the town planner determines that a permitted sidewalk use or activity has posed, or is likely to pose, a threat to the public's health, safety, or welfare.
(b)
Permits may be revoked or suspended by the town planner if:
(c)
The decision to revoke or suspend a sidewalk use permit is final.
(5)
Appeals. There is no appeal of the town planner's determination regarding whether to issue, revoke or suspend a sidewalk use permit in accordance with CMC § 18.08.030(3).
(Ord. 888 § 2 (Exh. 1), 2025)
(1)
Indemnity. Prior to issuance of a sidewalk use permit, the applicant shall execute and deliver to the town, upon a form supplied by the town planner, a written agreement to defend, indemnify, and hold harmless the town and its officers, elected officials, employees, and agents from any and all claims, actions, or damages of every kind and description which may accrue to, or be suffered by, any persons and/or entities by reason of or related to the sidewalk use for which the permit is sought.
(2)
Insurance.
(a)
Prior to the issuance of a sidewalk use permit, the applicant shall provide the town planner with a certificate of public liability insurance and, where liquor is authorized to be served, liquor liability insurance. The permittee shall maintain said insurance coverage during the entire term of the sidewalk use permit, and any extensions or renewals thereof, and during any period of holdover where the permittee is using a public sidewalk but does not have a valid permit.
(b)
The public liability insurance shall be written on an occurrence basis and shall name the town of Concrete as an additional insured. The permittee may cancel their insurance policy as long as their insurance is replaced with the same amount of coverage.
(c)
The public liability insurance shall have the following minimum insurance limits coverage: $1,000,000 commercial general liability insurance per occurrence combined with single limits, and $2,000,000 aggregate.
(Ord. 888 § 2 (Exh. 1), 2025)