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HomeMy WebLinkAboutORD 2015-24 - Sidewalk Use RegulationsI* , 516RUMI, WHEREAS, The City of Georgetown TX ("The City") identifies the need to create a pedestrian environment to promote activity; and III I 11, 111111111 � iiiiiiiii qlij 111111111 11111�11 111111 11111111111 1111111111 �! 1 M1 We WHEREAS, Tit] e 12 of the City of Georgetown Code of Ordinances establishes street and sidewalk use regulations; and • mill, 111111"! Iffil., one NI- � IN R4.111 we NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 0 GEORGETOWN, TEXAS, THAT: I SECTION 1: The facts and recitations contained in the preamble of this Ordinance are here�ffl found and declared to be true and correct, and are incorporated by reference herein and express made a part hereof, as if copied verbatim. The City Council hereby finds that this Ordinan implements the vision, goals, and policies of The City. I ;�ECTION 2: Chapter 12.03 of the Code of Ordinances is added to the Code of Vdinances as shown in EXHTBTT A SECTION 3: if any provision of this Ordinance, or application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this Ordinance which can be given effect without the invalid provision or 2.pplication, and to this end the provisions of this Ordinance are hereby declared to be severable. SECTION 6: The Mayor is hereby authorized to sign this Ordinance and the City Secretary to attest. This Ordinance shall become effective in accordance with the provisions of State Law and the City Charter of the City of Georgetown. MOM A., -A APPROVED on First Reading this 10th day of March 2015. I'll! illillilillimT.NlR WHOM j4kt iessj a Brettle, City Secretary By: c -All Bridget Chapman, City Attorney MMEW Ii W off UUM See. 12.03.010 Purpose See. 12.03.0 20 Definitions See. 12.03.030 Application See. 12.03.040 Sidewalk Obstructions Sec. 12.03.0 50 Placement of signage and promotional materials Section 12.03.010 Purpose The City of Georgetown recognizes the need promote and protect a pedestrian -friendly environment throughout the City of Georgetown. The use of City sidewalks for dining, retail, and other recreational uses is critical to the continued economic viability of the City, promoting both tourism activities and activities for residents. For the purposes of this Chapter, certain words and phrases shall have the meanings ascribed to them by this section, unless the context clearly indicates a different meaning: "Abutting property" means restaurant property contiguous to a public street rigbt-of-way on which a sidewalk caf6 will be operated under the terms of this article. "Americans with Disabilities Act" or "ADA" means requirements set forth in the Americans with Disabilities Act of 1990 and subsequent amendments and promulgate regulations. "Assistant City Manager" means the Assistant City Manager of the City of Georgetown, or designee. "Director" means the Director of the City's Planning and Development Department or their designated representative. "Downtown and Old Town Overlay Districts" means the districts established by City Council as part of the adoption of Ordinances Nos. 2001-48 and 2004-22, respectively, as may be amended and includes all the land within the boundary of this district as shown a "Owner" includes any owner of fee simple title, part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety of the whole of the land contiguous to the right-of-way on which a sidewalk cafe is to be operated under the authority of this article. "Person" means an individual, a group of individuals, an association, a club, a society, a firm, a partnership or a corporation. "Public necessity" means any lawful need or use of property by a governmental body including needs created by a change in circumstances affecting pedestrian and vehicular traffic. "Public street" means the entire width between the boundary lines of every way which is held by the City in fee or by easement or dedication when any part thereof is open to the use of the public for purposes of vehicular travel; provided the term "public street" shall not include any designated state or federal highway or road or any designated county road. "Public walkway" means that portion of a sidewalk not less than four feet in width which is free of any obstruction, fixture, or appurtenance and is used for pedestrian travel. "Restaurant" means a food service establishment where food is served in individual portions for consumption on the premises. This term shall not include an establishment which operates exclusively as a caterer, a commissary, a food processing establishment, a mobile food unit, a retail food store or a temporary food service establishment. "Roadway" means that portion of a public street which is improved, designed, or ordinarily used for vehicular travel, exclusive of the curb, berm, or shoulder. In the event that a public street includes two (2) or more separate roadways, "roadway" means each such roadway separately. dewalk7 means that portion of the public street which is between the curblines, or the lateral lines of a roadway, and the adjacent property lines and which is improved an designed for or is ordinarily used for pedestrian travel. This Chapter shall apply to all City sidewalks. The requirements set forth herein are in addition to the requirements set forth in the Uniform Development Code. A violation of the provisions in this Chapter shall be unlawful. If the requirements in this Chapter conflict with another chapter, the more stringent of the two, as interpreted by the Director, shall apply. I . I I VARMIMMOMMMUX11 11 IBM IMMINME1111011111 I pz� 1 !1 pi�;i�i�� 11=01!111111; 1 11 1 Section 12.03.050 Placement of signage and promotional materials A. The placement of portable signage and promotional materials on City sidewalks within the Downtown Overlay District is prohibited without approval from the City, as required by the Uniform Development Code. These items include, but are not limited to, portable business signage, publication distribution boxes, and display items intended to draw attention to the business. All portable signage and promotional items must be removed from the sidewalk outside of operating hours. B. Approved promotional items are subject to City regulations regarding the appropriate placement of the items, The promotional items shall not interfere with pedestrian traffic and must comply with the ADA, as amended, for accessibility purposes. C. Placement of promotional items, signage or any other form of advertising in City planters or other sidewalk elements is prohibited. All artwork proposed for placement on City sidewalks within the Downtown Overlay District must be approved by the Arts & Culture Board per any written procedures adopted by the Board. MarliKKINK-17MMM, M A. Outdoor displays of or for sale merchandise are not permitted on sidewalks within the Downtown Overlay District except for during business operating hours. R All outdoor displays must not interfere with pedestrian circulation and must comply with the ADA, as amended,. Section 12.03.080 Sidewalk Landscaping A. All landscaping items, including planters, hanging plants, and display items, shall not encroach in whole or in part upon any sidewalk so as to infringe upon ADA, as amended, width requirements and unobstructed passage and are subject to review by the City. B. All landscaping items, including planters, hanging plants, and display items shall be maintained. Unmaintained or unsightly landscaping items need to be rehabilitated or removed. C. City provided landscaping shall not be incorporated into any outdoor display or dining area, Promotional items are prohibited from being placed on planter boxes or attached to trees, light standards and any other City provided landscaping features. Section 12.03.090 Use of tobacco products on sidewalks within the Downtown Overlay Smoking is prohibited within 10 feet of the public entrance to any building or structure locatail within Area I • the Downtown Overlay. Section 12.03.100 Penalties Failure to abide by the provisions of this Chapter is unlawful and subject to Section 1.08.0 10 of this Code.