7.06.055 On-street permit standards.
The following standards apply to permits issued for operating areas utilizing on-street parking:
A. Location.
1. On-street permits may utilize a maximum of two on-street parking spaces directly in front of the applicant’s business. The applicant must obtain permission from the adjacent business if any portion of one, or both, of the parking spaces are in front of the adjacent business.
2. The operating area for an on-street permit must be located:
a. To allow access to all utility vaults; structures cannot be placed over a utility vault;
b. A minimum of 10 feet from a fire hydrant;
c. A minimum of 20 feet from a crosswalk; and
d. A minimum of 30 feet from a stop sign and a transit stop. On-street permits with overhead structures may require additional distance from a stop sign pursuant to subsection (C)(2) of this section.
3. The operating area for an on-street permit may not be located in, or obstruct, any:
a. Americans with Disabilities Act (ADA) parking spaces or travel pathways;
b. Driveway approaches;
c. Fire lanes;
d. Fire hydrants;
e. Pedestrian connections;
f. Storm drains, or water and gas valves in the street, unless the director approves the cover or obstruction in writing;
g. Arterial streets, except for the following locations:
i. The west side of SW Watson Avenue between SW Farmington Road and SW 5th Street where a bike lane is present to act as an additional buffer between the operating area and the travel lane; and
ii. The east side of SW Hall Boulevard between SW Farmington Road and SW 5th Street where a bike lane is present to act as an additional buffer between the operating area and the travel lane.
h. Truck routes as defined in BC 6.10.015.
4. The operating area for an on-street permit must not require removal of any landscaping.
5. When the operating area is placed adjacent to additional on-street parking, a wheel stop must be installed between the parking space and the operating area, followed by a four-foot open space before any structure or property, as shown in the figure below.
B. ADA Access. Operating areas in the right-of-way must meet ADA access requirements by either constructing:
1. An ADA ramp that complies with all landing requirements for ADA ramps, including, but not limited to, the length, angle, top and bottom landing requirements; or
2. A level platform equal in height to the sidewalk with ADA access. Platforms must meet the following requirements:
a. Platforms must not be constructed in a way that requires modification, destruction, or disturbance of the right-of-way. Pouring foundations, adding in-ground concrete footings, and similar construction methods are prohibited. All structural systems for both the platform and the overhead structure must rest aboveground.
b. Platforms must have a railing that is a minimum of 36 inches high and no higher than 42 inches. Railings may be constructed of steel; steel cable; aluminum; glass; plexiglass; finished wood; wood veneers; wood siding; factory or naturally finished flat, profiled, fluted, or ribbed metal panels; fiber-reinforced cement siding and panels; concrete (poured in place or precast); or standing seam metal. The director may limit materials for safety considerations.
c. Platforms must allow for proper drainage on the surface as well as underneath the platform, including at the curb face.
d. Applicants are required to obtain stamped drawings of all structural components from a structural engineer, registered in the state of Oregon, before permit issuance, including the platform, decking and railing details.
C. Overhead Structures. Overhead structures in the operating area must meet the following requirements:
1. Overhead structures must not be constructed in a way that requires modification, destruction, or disturbance of the right-of-way. Pouring foundations, adding in-ground concrete footings, and similar construction methods are prohibited. All structural systems for both the platform and the overhead structure must rest aboveground.
2. Overhead structures are prohibited within the first on-street parking space next to a stop sign.
3. Overhead structures that obstruct street signs are prohibited unless the director determines that obstruction of the sign by the overhead structure does not pose a safety risk to vehicles or pedestrians.
4. Overhead structures may be constructed of wood, steel, outdoor-grade fabric, metal panels, or corrugated plastic. Tents, canopies, and umbrellas are also allowed that:
a. Are properly secured and weighted; and
b. Comply with all applicable Tualatin Valley Fire and Rescue (TVF&R) regulations.
5. Platforms with overhead structures must fit completely within the operating area; however, the roof may extend over the sidewalk a maximum of two feet from the back of the curb.
6. Overhead structures must have a minimum of eight feet of clearance between their lowest point and the platform to allow for safe pedestrian circulation. Overhead structures must not project more than 12 feet above the right-of-way at their highest point.
7. Overhead structures with side panels between the top of the required railing and the lowest point of the overhead structure must be transparent to preserve visibility for vehicular traffic.
8. Overhead structures, whether fixed or retractable, must remain in place even when they are not in use. However, soft coverings on the overhead structure, such as fabric on a canopy or tent, may be removed as long as the frame for the overhead structure remains in place. Umbrellas are exempt from this subsection and may be removed in their entirety at the discretion of the permittee.
9. Seating and other elements within an overhead structure must not prevent access to entries and exits of the overhead structure. In addition, seating and other elements must be arranged to allow for appropriate pedestrian circulation.
10. Applicants are required to obtain stamped drawings of all structural components from a structural engineer, registered in the state of Oregon, before permit issuance, including platform, decking, railing and overhead structure details.
D. Electrical. Electrical facilities in the operating area must meet the following requirements:
1. All lighting and electrical systems must comply with applicable electrical and energy codes.
2. All overhead structures must include overhead lighting oriented downwards into the operating area.
3. White steady string lighting, ceiling fan lighting, and can lighting are permitted. Alternate types of light fixtures may be approved by the director if they do not pose a safety risk. String or decorative lighting may be affixed to the platform or overhead structure, but it may not extend into the sidewalk or impede pedestrian circulation.
4. Overhead lighting must have a minimum of seven feet of clearance between its lowest point and the platform or ground to allow for safe pedestrian circulation.
5. All cords crossing the sidewalk must have a minimum of seven feet of clearance between their lowest point and the sidewalk. Lighting must be plugged into a GFCI outlet made for outdoor use.
6. Electrical cords for any heater must: be grounded, not constitute a trip hazard, and comply with ADA requirements.
E. Heating. Heaters in the operating area must meet the following requirements:
1. Except for catalytic heaters, the use of heaters, including outdoor wood-burning heaters, must be approved by TVF&R.
2. Use of catalytic heaters is only allowed when all of the following requirements are met:
a. The catalytic heater is used according to manufacturer’s combustion clearance and all other safety instructions.
b. The catalytic heater is designed for outdoor use.
c. The catalytic heater is placed in a dry location.
d. If it is a gas catalytic heater being used under an overhead structure, it must be CSA 4.89 certified.
e. The permittee has a fire extinguisher in the operating area at all times if the heater is being used under an overhead structure.
F. Signage.
1. On-street permits are required to post signage that specifies the rules for use of the operating area, such as when the operating area is open and who may use the operating area.
2. At the option of the applicant, one additional sign may be mounted or printed on the exterior wall of the overhead structure if it meets all of the following requirements:
a. If the overhead structure includes a fabric covering, signage may be mounted or printed on the covering that faces the street.
b. Signage may not exceed 12 square feet in area, as measured by the smallest rectangle that fits around the extent of the words or pictorial devices that make up the sign.
c. Signage must be affixed to the wall of the structure and may not project out from the plane of the wall more than six inches, and under no circumstance shall it project outside the boundary of the operating area.
d. Signage on overhead structures must not have electrical components or lighting of any kind, and it must not resemble a traffic control device.
G. Maintenance. The permittee and responsible party shall maintain the operating area, and all areas immediately adjacent to the operating area, in a good, clean and safe condition. The responsible party will remove food, debris, litter, grime, or graffiti from the operating area daily. On a weekly basis, the responsible party will rinse the operating area and remove any debris that impedes drainage flow along the curb and gutter of the operating area. Food and litter shall be kept out of the public storm drain. At the end of the term, which includes the initial calendar year after permit issuance and any renewal terms pursuant to this chapter, the permittee shall remove all personal property from the operating area.
H. Access. Permittees within the right-of-way are required to provide access, as needed, to utilities in the right-of-way. Unless there is an emergency, the city or a utility operator, as defined in BC 4.15.050(N) will provide 48 hours’ notice to permittee if property or structures in the operating area must be moved to allow access to utilities. If property or structures are not moved within the stated timeframe, the city or the utility operator reserves the right to move the property or structures, and the city can charge the permittee a moving fee in the amount established by resolution. The city or a utility operator will not be responsible for damages due to utility locates or removal of property or structures from the operating area. In case of an emergency, the city and utility operators may move property or structures without notice. [BC 7.06.055, added by Ordinance No. 4812, 10/5/21]