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The city engineer may grant a permissive use permit for a residential use subject to the following terms and conditions:

A. Residential uses, such as landscaping, fencing and retaining walls and bulkheads installed for the purpose of protecting property, will not be required to pay a fee for use of city right-of-way.

B. Residential uses establishing a permanent structure, such as a building, carport, or a 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 as set by city council resolution. The city engineer may waive annual fees for unimproved right of way that has not been opened to 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 residential purpose shall provide proof that they have liability insurance for and are the owner or occupant of the property 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. 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 this 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 the regard promptly, the city may remove the 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 used 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 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 of the action, defend the same at his own expense and will satisfy any judgment after any such suit or action shall have been finally determined if adverse to the city of Aberdeen.

I. 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 12.04.030 read as follows.

A permissive use permit for a residential use, if approved by the city council, may contain the following in terms and conditions:

A. Residential uses, such as landscaping, fencing and retaining walls and bulkheads installed for the purpose of protecting property, will not be required to pay a fee for use of city right-of-way.

B. Residential uses establishing a structure, such as a building, carport, or a 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 the real estate in the vicinity, calculated for the area right-of-way petitioned for and such value shall be obtained by the engineering department from the county assessor's office. This fee shall be adjusted every ten years due to variation in land values.

C. An individual requesting a permissive use permit for a residential 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 this 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 the regard promptly, the city may remove the 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 used 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 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 of the action, defend the same at his own expense and will satisfy any judgment after any such suit or action shall have been finally determined if adverse to the city of Aberdeen. (Prior code § 7.01.030)

(Ord. 6416, Amended, 11/29/2006)