Fairfax Municipal Code Ch. 12.32 Temporary Carports and Other Structures in Public Rights-of-Way

(A) Upon certain portions of public streets and public rights-of-way in the town, not being used for vehicular or pedestrian travel, temporary carports and other structures may be erected and maintained by the owners or tenants of adjoining property, upon terms and conditions and for the time prescribed in a permit issued to the property owner by the Planning Commission or the Public Works Department.

(B) It is unlawful for any person to erect or maintain any carport or other structure upon any portion of a public street or public right-of-way without a permit having been issued therefor as provided in this chapter.

(Prior Code, § 12.32.010) (Ord. 459, passed - -1979; Am. Ord. 869, passed 9-7-2022)

Any property owner contiguous to a public street or right-of-way, portions of which are not being used for vehicular or pedestrian traffic, where the owner has no suitable place on his or her own property or entirely on his or her own property for the erection or construction of a carport or other structure, may make application to the Planning Commission for permission to erect and maintain a carport or other structure on the public street or right-of-way, for the time and under the terms and conditions as the Planning Commission will permit. The application shall be accompanied by detailed plans and specifications for the structure, showing the extent to which, it encroaches upon any public street or public right-of-way. Upon filing of the application, the same shall be considered by the Planning Commission and acted upon.

(Prior Code, § 12.32.020) (Ord. 459, passed - -1979; Am. Ord. 869, passed 9-7-2022)

Any property owner or commercial tenant contiguous to a public street or right-of-way, portions of which are not being used for vehicular or pedestrian traffic, where the owner has no suitable place on his or her own property or entirely on his or her own property for the erection or construction of a parklet area and/or enclosure, may make application to the Planning and Building Department for permission to erect and maintain a parklet area and/or enclosure within the public sidewalk or the public street or rights-of-way, for the time and under the terms and conditions as the Public Works Director or Building Official will permit. The application shall be accompanied by detailed plans and specifications for the structure, showing the extent to which it encroaches upon any public street or public right-of-way and that it conforms required specifications. Upon filing of the application, the same shall be processed ministerially by the Public Works Director or the Building Official and issued as long as the parklet enclosure complies with the Parklet specifications contained in Town Code Title 5.

(Am. Ord. 869, passed 9-7-2022)

At the time an application for an encroachment permit is filed, the applicant shall pay a fee in accordance with a schedule adopted by resolution of the Town Council.

(Prior Code, § 12.32.030) (Ord. 443, passed - -1978)