12.04.020 Commercial use of public right of way.
The city engineer may grant a permissive use permit for the commercial use of public right-of-way subject to the following conditions:
A. Commercial uses, such as customer parking, landscaping, fencing, sidewalk sales, and customer use will not be required to pay an annual fee for the use of city right-of-way. Permits for sidewalk sales shall only be issued for the downtown commercial district and shall limit the sales to two (2) consecutive days each seven day period.
B. Commercial uses establishing a permanent structure, such as a building, carport, or garage, where vacation of the right of way is not recommended by the city engineer, shall pay an application fee and an additional annual fee set by the city council resolution. The city engineer may waive the annual fee for using unimproved right of way that has not been opened for public travel where the permitted use does not interfere with actual or future public use of the right of way.
C. An individual requesting a permissive use permit for a commercial purpose shall provide proof that they have liability insurance for and are the owner or occupant of the porperyt abutting that portion of the city right-of-way for which the request is made, prior to issuance of the permit. A permissive use permit shall not be issued for private driveways on unimproved or unopened right-of-way without the written permission of the underlying property owners of the right-of-way to be used by the applicant.
D. All uses contrary to the terms and conditions of the permit shall result in automatic termination of the permit.
E. In the event the city or its franchise holders require use of his area to install, repair, renew or to maintain any utilities, or for any other purpose, the applicant shall, at his expense, remove any improvements which he may have placed on the property, all at his expense; provided, that if the applicant does not comply with the city's direction in this regard promptly, the city may remove improvements and charge the applicant for any expenses incurred by the city in so doing.
F. The permit shall remain in force and effect until a breach of any of the conditions of the permit or the city may cancel the permit on proper notice to the permit holder if the city determines that the property is to be sued for another purpose. The city shall retain the absolute right to terminate the permit upon proper notice to the permit holder. The city shall promptly notify the permit holder of any termination of the permit and the permit holder shall within thirty (30) days remove all improvements from the area and terminate his use of that area and restore the area to a condition equal to or better than existed at the time of granting the permit.
G. The applicant agrees to protect and save harmless the city of Aberdeen from all claims, actions or liabilities to third persons by reason of the use of the property by the permit holders; and in case any suit or action is brought against the city of Aberdeen for damages arising out of or by reason of the use, the applicant shall, upon notice to him of the commencement after any such suit or action shall have been finally determined if adverse to the city of Aberdeen.
H. The city council by resolution may adopt permit fees, approve variances from the above standards, grant an application denied by the city engineer, and modify or revoke a permit issued by the city engineer.
Prior to the adoption of 6416 on 11/29/2006, Section 12.04.020 read as follows.
The granting of a permissive use permit for the commercial use of public property, if granted by the city council, may include the following conditions:
A. Commercial uses, such as customer parking, landscaping, fencing, and customer use will not be required to pay a fee for the use of city right-of-way.
B. Commercial uses establishing a structure, such as a building, carport, or garage, shall pay an application fee of fifteen dollars ($15.00) and an additional annual fee equal to five percent of the appraised value of real estate in the vicinity, calculated for the area of right-of-way petitioned for and such value shall be obtained by the engineering department form the county assessor's office. This fee shall be adjusted every ten years due to variation in land value.
C. An individual requesting a permissive use permit for a commercial purpose shall provide proof that they have liability insurance for that portion of the city right-of-way for which the request is made, prior to issuance of the permit.
D. Upon termination of ownership or control of the property adjacent to the city right-of-way for which the permit was issued, all rights granted by the permit shall automatically terminate.
E. All uses contrary to the terms and conditions of the permit shall result in automatic termination of the permit.
F. In the event the city or its franchise holders require use of his area to install, repair, renew or to maintain any utilities, or for any other purpose, the applicant shall, at his expense, remove any improvements which he may have placed on the property, all at his expense; provided, that if the applicant does not comply with the city's direction in this regard promptly, the city may remove improvements and charge the applicant for any expenses incurred by the city in so doing.
G. The permit shall remain in force and effect until a breach of any of the conditions of the permit or the city may cancel the permit on proper notice to the permit holder if the city determines that the property is to be sued for another purpose. The city shall retain the absolute right to terminate the permit upon proper notice to the permit holder. The city shall promptly notify the permit holder of any termination of the permit and the permit holder shall within thirty (30) days remove all improvements from the area and terminate his use of that area and restore the area to a condition equal to or better than existed at the time of granting the permit.
H. The applicant agrees to protect and save harmless the city of Aberdeen from all claims, actions or liabilities to third persons by reason of the use of the property by the permit holders; and in case any suit or action is brought against the city of Aberdeen for damages arising out of or by reason of the use, the applicant shall, upon notice to him of the commencement after any such suit or action shall have been finally determined if adverse to the city of Aberdeen. (Prior code § 7.01.020)