7.06.065 Parking lot permit standards.
A. Location.
1. An applicant may apply for a parking lot permit to designate an operating area that utilizes:
a. In areas outside of Downtown Parking District 1, as identified in Figure 60.30.10 (Regional Center Parking Districts Map) of the Development Code, a minimum of two off-street parking spaces, or up to one off-street parking space per 1,000 square feet of interior floor area occupied by the business, whichever is greater; or
b. For areas within Downtown Parking District 1, as identified in Figure 60.30.10 (Regional Center Parking Districts Map) of the Development Code, with the parking lot owner’s permission, an unlimited number of off-street parking spaces.
2. The operating area for a parking lot permit must be located:
a. Within the boundaries of the private parking lot immediately adjacent to the applicant’s business; and
b. A minimum of 10 feet from a fire hydrant.
3. The operating area for a parking lot permit may not be located in, or obstruct in any way, any:
a. ADA parking spaces or travel pathways;
b. Driveway approaches and drive aisles;
c. Fire lanes;
d. Bicycle parking;
e. Designated pedestrian walkways and connections;
f. Utility boxes; or
g. Storm drains, manholes, catch basins, or other similar infrastructure improvements.
4. The operating area for a parking lot permit must not include any landscaped area or require removal of any landscaping.
5. The operating area may not alter an existing access, or add a new access from the private parking lot to the right-of-way.
6. Areas within the parking lot that will continue to provide off-street parking for vehicles, must maintain safe circulation and access to rights-of-way for vehicles and pedestrians. On-site circulation must be reviewed and approved by the director to ensure that it preserves necessary clear pedestrian zones and does not pose a safety risk. The on-site circulation must include clearly marked clear pedestrian zones, connecting the operating area with adjacent sidewalks and primary business entrances, if applicable.
B. Overhead Structures. Overhead structures in the operating area must meet the following requirements:
1. 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.
2. If overhead structures are constructed in a way that requires modification, destruction, or disturbance of the parking lot surface, reconstruction of the parking lot surface is required once the structures are removed.
3. Overhead structures and decking may be constructed of wood, steel, outdoor-grade fabric, metal panels, or corrugated plastic. All rigid structures require a separate building permit.
4. Tents, canopies, and umbrellas consisting of outdoor-grade fabric are permitted that:
a. Are properly secured and weighted, and
b. Comply with all applicable TVF&R regulations.
5. Overhead structures, including tents, canopies, and umbrellas, must have a minimum of eight feet of clearance between their lowest point and the ground to allow for safe pedestrian circulation. Overhead structures must not project more than 12 feet above the ground at their highest point.
6. 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.
7. Seating and other elements within overhead structures 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.
8. 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.
C. 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 building official if they do not pose a safety risk. String or decorative lighting may be affixed to the 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 ground to allow for safe pedestrian circulation.
5. All cords crossing the parking lot must have a minimum of seven feet of clearance between their lowest point and the parking lot. 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.
D. 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.
E. Maintenance. The 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, and grime from the operating area daily.
F. Access. Permittees are required to provide access, as needed, to utilities in public utility easements. Unless there is an emergency, the city 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 reserves the right to move the property or structures, and the city can charge the permittee a moving fee in the amount established by council resolution. The city will not be responsible for damages due to utility locates or removal of property or structures from any portion of the operating area located in a public utility easement. In case of an emergency, the city may move property or structures without notice. [BC 7.06.065, added by Ordinance No. 4812, 10/5/21]