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A. The Public Works Director shall review the application for its strict compliance with the mandatory criteria listed below. There are no variances or exceptions to the criteria of this ordinance.

1. Location Within a Permitted Zone. Permits and agreements for occupancy or use of the sidewalk permit area are available only if the property is located in one of the following zoning districts: C-1-D (Commercial Downtown), C-1 (Commercial), or E-1 (Employment).

2. Use of Building Occupant. A sidewalk permit area may be approved only for use of the adjacent occupant, with the consent of the property owner, if different.

3. Minimum Six Foot Clearance Except as specified on the Downtown Sidewalk Usage Map, when the sidewalk is eleven feet or more in width, there shall be at least eight (8) feet clear and unobstructed passageway between the sidewalk permit area boundary and any City owned or controlled fixtures or structures; when the sidewalk is less than eleven feet in width, there shall be at least six (6) feet clear and unobstructed passageway between the sidewalk permit area boundary and any City owned or controlled fixtures or structures. Fixtures or structures includes but not limited to fire hydrants, benches, barriers, street trees, bike racks, lamp posts, sign posts, or the curb edge, whichever is closest. The Public Works Director may require more clearance if necessary to accommodate pedestrian movement and ADA access.

4. Other Placement Standards. Except as specified on the Downtown Sidewalk Usage Map, neither the sidewalk permit area itself, nor any object located therein shall be placed, installed, used or maintained:

a. Within six feet (6') of the outer edge of any roadway.

b. Within ten feet (10') of any crosswalk

c. Within six feet (6') of any fire hydrant or other emergency facility

d. Within ten feet (10') of any driveway or alley entrance/exit

e. In the public right-of-way within any un-authorized zoning district, including all residential zoning districts

f. Within 3 feet (3') from either end of approved bicycle parking U-racks

g. Within the footprint of any bus stop areas.

h. Within fifteen feet of an intersection.

Notwithstanding the above, certain functional items [e.g., publication boxes] may be located within 24 inches of the roadway edge/ curb face.

5. Materials and construction standards. All temporary structures or object (including furnishings such as tables and chairs), placed in the sidewalk permit area shall be of a weatherproof and sturdy construction, (i.e. solid wood, iron, noncorrosive metal, cement, or similar material). Except when otherwise specified in a Council Resolution, plastic is prohibited as suitable material for structures and furnishings; similarly, materials which stain or damage the sidewalk are prohibited. Said items shall comply fully with all applicable regulations, including building codes, land use ordinances and Resolutions of the City. The City Council may adopt by Resolution material and construction standards [including typicals], for public furnishings placed in the sidewalk permit area.

6. Maintenance and installation standards. Any item placed, installed or maintained within the sidewalk permit area shall be subject to the following maintenance standards:

a. No object shall be chained, bolted, or otherwise attached to any fixture, tree or city functional item located in the public right-of-way, nor shall any object be attached to the surface of the right-of-way.

b. Objects shall be designed and constructed to be movable by one person and where practical, wheels shall be attached or attachable to allow for ease of movement.

c. Objects placed in a sidewalk permit area shall not be used to violate any other applicable code, including provisions and limitations on signage.

d. Objects, such as furnishings, placed in the sidewalk permit area shall have information affixed to the exterior of the object including the name and address of the owner and the name of the establishment with which the object is associated including an emergency contact number.

e. Objects occupying the sidewalk permit area shall be maintained in a clean and orderly condition and in good repair at all times. This includes but is not limited to maintaining a condition which is reasonably free of dirt, rust and grease. The item is reasonably free of chipped, faded, peeling or cracked paint. All structural and/or moving parts are in working order and pose no safety hazard to the public. Any glass or plastic (such as display windows) are unbroken and reasonably free of cracks, dents, blemishes and discoloration.

f. Objects must maintain a weather proof or weather resistant quality.

g. Objects shall be designed to be stable and self supporting under a wind load of at least 20 pounds per square foot without attachment to the pavement or any other object.

7. Illegal structures or usage. No sidewalk permit area will be approved if the permit area or six foot clearance area adjacent to the permit area contains structures, fixtures, obstructions or materials which have been illegally placed or affixed to or in the City right-of-way. For purposes of this ordinance Illegal structure or usage includes not only items placed or activities conducted without a permit but also items or activities which were initially placed or conducted lawfully but for which the owner/operator has failed to maintain current payment to the City.

8. Minimum Square Footage. Except for functional objects, the sidewalk permit area is a minimum of fifty (50) square feet or as otherwise designated on the Downtown Sidewalk Usage Map. This provision does not apply to interim regulations for publication boxes.

9. Minimum Duration. The minimum duration of the permit is yearly (twelve months, whether or not the entire year is available for use). This provision does not apply to interim regulations for publication boxes.

10. Arrearages to the City or Pending City Violations. No sidewalk permit area will be approved for one year after a person or entity applying for the permit has been found in violation or is currently subject to an active violation proceedings for violation of the City of Ashland Municipal Code concerning or relating to the activity to be conducted in the permit area. This includes but is not limited to actions for failure to maintain business license, arrearages of other delinquency in food and beverage tax receipts, transient occupancy taxes or unpaid balances under the prior sidewalk dining ordinance.

11. Alcoholic beverages. The Public Works Director shall forward all applications for review by the City Recorder for any proposed use which involves alcoholic beverages. Written approval of the designated City official in accordance with City ordinances is required for any such proposed use, in addition to state regulatory requirements.

12. Liability Release, Indemnity, Hold Harmless, and Insurance. No sidewalk permit area will be approved without an executed release agreement and insurance certificates as required by AMC 13.03.070. (Ord. 2990, added, 11/01/2009)