The URL can be used to link to this page

Home My WebLink About2008 Ordinance No. 046• • • ORDINANCE 0 . ~ SERJES OF 2008 BY AUTHORJTY COUNC IL BCLL NO . 43 ll\TRODUCED BY COUN CIL MEMBER WILSON AN ORDINANCE AMENDING TITL E 11 , CHAPTER 3, SECTION 4, OF THE ENGLEWOOD MUNlCD'AL CO DE 2000 PERTAINING TO PERMITS FOR STREET FURNITURE IN THE PUBLIC RJGHT-OF-WAY . WHEREAS , the 2003 Englewood Co mprehensive Plan has as one of its goals to create a greater pedestrian , bicycle and tran sit orientation within Commercia l Di stricts ; an d WHEREAS , the Ci ty believes that the placement of outdoor seating for eating and drinking establishment s and outdoor furniture will further tbat goa l; and WHEREAS , some his torical areas in the Commercial Di stricts have little or no setback fro m th e public right-of-way but have a wide sidewalk; and WHEREAS, the City ha s received several requests for an encroac hment or permit to accommodate outdoor sea tin g and outdoor fumirure in the public right-of-way; and WHEREAS , the Chamber of Commerce and the South Broadway Bu siness Improvement District members ha ve discussed and inquired about the procedures for permitting outdoor seating in the public right-of-way; NOW , THEREFORE , BE IT ORDAINED BY THE CITY COlJNC[L OF THE CITY OF E 'GLEWOOD , COLORADO, AS FOLLOWS : Section,l. The City Counci l of the Cit y of Eng lew ood, Co lorado her eby authori zes amending Title 11 , Chapter 3, Secti on 4, of the Englewood Municipal Code 2000 to read as fo ll ows: 11-3-4: Encroachments and Permits . An encroachment int o th e public right-of-way may be !,'fa nted by Cit y staff, provided th e fo!lowing tcnns and co ndition s are sa ti sfied : A. Enc roachment s for fence s and retaining wall s ma y be granted upon co mpliance wi th the foll owin g requirements : I. Fence s and retaining walls shall be in com plian ce with all other applicable ordinan ces and codes . Fences and retaining wa ll s shall be adjacent to a street which ha s been in a pa ving di stri ct or which is not designa ted in Lhe master street pl an as one whi ch is proposed to be widened or imp roved. 11 bi B. Encroachment s for ca ntil evered aw nin gs. ca nopi es nn d ma rquee s may be grn nt ed upon co mpliance wit h the fo ll owing requireme nt s: I. Cantilevered awn in gs, canopies and marquees shall not project withi n fi ve feet (5 ') of\Jac k of cu rb; 2. Cantilevered awnings , canopie s and marqu ees shall not have le ss than an eight -foot (8') clearance from the lowest part of the awning , canopy or marquee to the sidewalk ; 3. Cantilevered awning s, canopies and marqu ees shall be in co mpliance with all oth er applicable ordinances and codes. C. No encroachment under thi s Section shall be effective until an encroac hment pemlit and indemnity agreement have been signed by the propen y owner requesting the encroachment and recorded in th e office of the Clerk and Recorder of Arapahoe Coun ty. The encroachment pennit and indemnity agreement shall be prepared by the City . The encroachment pennit and indemnity agreement shall contain the legal description of th e propeny owned abutting the publi c right-of- way to be en croached , the purpose of the encroachment , that the encroachment pennit and indemnity agreement is a revocable license , revocable by th e City at will , and that the property owner or hi s or her heirs and assigns shall remove sa id structure within thirty (30) days after notice of revocation ; that the propert y owner is estopped to deny the right of the City to revoke the encroac!unent agreement , and that the propert y owner agrees to reimburse and indemni fy the City for all expen ses of revoking the agreement or removing the encroachment. The property owner requesting the encroa chment shall pay all rea sonable expenses of preparing and recording the encroachment pennit and indemnity agreement. D. All requests for encroachments into the public right-of-way where the encroachment is a structure which would create a pennanent taking of City right-of-way and appeal s from staff denial of an encroa chment shall be made to the City Council. ,. Temoorarv Occuoancx of Publi c Ri~m;0 r~a ,. 1. The GitY Manager or dl;signee is authorized to oennit the occuuaocx of the uubli c rifill\:W; wav hv the owner or o xunnnt of co mmercial nrnnenv adiacem to the nublic richt-of·w~ thenon-oennanenl ol ucr·nent ofnri va telv-owoed strtet furniture tables chairs and railin~ Street Furniture is definkd as anv aoourtenance nlaced in the nuhli c ri&ht:2f-wav '6 The Citv Mauaver or des ivn ee is auth orized to adont such rules and regulati on~ asmax,~ wiuired to imPlem em thi s Section l. No ocrson sha ll ola ce street furniture in th e nub li c rivht :2 f-wav wi thout obrninin R a ueaniL ~ Citv CouncilshaH set fees for suc h ocrmit s bv Reso lution ~ Ann ea ls from Citv Manager or a designee 's denia l ofa street furniture nennit shall be mad e 10 !h e Cit v Council. • • • • • Section 2. Safctv Clnuse s. The it y Co un ci l hereb y find s, de1cm1inc s. and decla re s that th is Ordina nce is promu lga ted under the ge nera l poli ce powe r of th e Ci ty of Eng le wood, that it is promulgated for th e healt h. safet y. and we lfare of the public , and that thi s Ordina nce is necessary for th e prese rva tion of hea lth and safety and for the protecti on of public co nvenienc e and welfare . Th e Cit y Council further dct ennin es th at th e Ordinance: bear s a ra tional relati on 10 the pro per leg i!:!a ti vc object sought to be obta ined. Section 3. Severability . If any clause. senten ce. paragraph , or part of thi s Ord inan ce or th e application thereof to any perso n or circ umstances shall for any reason be adj udged by a co urt of co mpetent jurisdictio n invalid, such judgment shall not affect, imp air or invalidat e the remainder of thi s Ordinance or ii appli cat ion to oth er perso ns or circ umstances. Sec ti on 4. Inco nsistent Ordinances . All other Ordinance s or portion s thereof in consistent or co nfli ctin g with thi s Ordinance or any portion hereof are hereby repealed to th e extent of suc h inconsis tency or conflict . Section 5. Effect of repea l or mod ifica tion . The repeal or mod ifi ca ti on of any provisi on of the Code of the Cit y of Eng lewood by th is Ordinan ce shall not release, ext in gui sh, alt er , modify, or change in whol e or in pan an y penalt y, forfeiture , or liabilit y. either civil or criminal, which shall have been incurred und er such provisio n, and each prov ision shall be treated ,.llld held as still rema ini ng in fo rce fo r the purpo ses of sustainin g any and all proper actions , suit s, proceedi ngs, nnd pros ecuti ons for the enforcement of the pen alty , forfeiture, or liabi lity , as we ll as for th e purpo se of sustaining any jud gment , decree, or order which can or may be rendered , entered , or made in such actions , suit s. proceedings , or prosecuti ons . Section-2,. P<:nalt v. The Penalty Provision of Secti on 1-4-1 EMC shall appl y to each and every viola ti on o f thi s Ordin ance. ~11 rodu ced, read in full. co rrected and passed on first readi ng on th e 2 1st da y of Jul y, 2008 . Publi shed as corrected as a Bill fo r an Ordinance in the Cit y's officia l newspaper on the 25~ day of Jul y, 2008 . Pu blished as co rrected a Bill for an Ordinan ce on th e Cit y's official website begi nning on th e 23rd day of Jul y. 2008 fo r thirt y (30) days. Read by tit le and passed on fin al reading on the 4th day of Au :•,,1, 2008 . Publi shed by title in the Cit y's offic ial newspaper as Ordinance No * Series of 2008. on the 8t h day of August , 2008. I, Lo ucri shia A. Elli s, City Clerk of the Ci ty of Eng lewood, Co lorado. hereb y cert ify tha t the above and foregoing i'j,"Jn'e copy of th e Ordinance pass ed on final reading and publi shed by title as Ordinance No."ff_, Series of 2008. ~ • • •