Morgan Hill Municipal Code Ch. 12.04 Sidewalk Encroachment

It is unlawful for any person or persons, in connection with or in furtherance of a commercial purpose, to place or permit to be placed any articles or things upon the sidewalks of the city except as provided in this chapter. This chapter shall not apply to:

A. Goods or merchandise in actual course of transit, including receipt, delivery or removal;

B. Lamp posts or hydrants erected with the permission of the director of public works;

C. Ornamental trees planted along the outer line of the sidewalk and within the curb, and barriers for protection of the same, which have been installed with the permission of the director of public works;

D. Materials used in the construction or repair of any building during the actual time of duly permitted construction or repair, and which do not, in the opinion of the director of public works, pose a threat to the health, safety and welfare of the community;

E. Parking and directional signs erected by the department of public works;

F. News racks for which a permit has been obtained from the city;

G. Special sales events which:

1. Involve the display, exhibition, advertisement or sale of merchandise upon a portion of the public sidewalk in such a fashion as to not prevent or render hazardous the passage of pedestrians, and not exceeding fifty percent of the width of each sidewalk; and

2. Are held in the central commercial (CC-R) zone of the city; and

3. Are consented to by a majority of the proprietors of the businesses within each zone, and which are sponsored solely by a majority of such proprietors or an organization to which they belong; and

4. Are held pursuant to a duly issued encroachment and/or special events permit; and

5. Do not exceed three consecutive days nor occur in the same block more than twice in one calendar year.

H. The installation or maintenance of irrigation systems and controls within landscaped areas between the curb and sidewalk or between the sidewalk and the right-of-way used primarily by vehicles for which a permit has been issued by the city;

I. The installation or maintenance of curb outlets and drain pipes under the sidewalk for drainage purposes for which a permit has been issued by the city;

J. The installation of a structure or any part thereof for which a permit has been issued in accordance with the provisions of Chapter 32 of the Uniform Building Code, "Construction in the Public Right of Way," excepting therefrom Section 3203 of Chapter 32 pertaining to space below the sidewalk.

(Ord. 1507 N.S. § 2 (part), 2001)

The director of public works or his or her designee may grant a revocable permit to an owner, for a period not to exceed three years, to construct a structure in the sidewalk, or to do other such work, when in his or her opinion the construction and maintenance thereof would not interfere with any city facilities and would not be detrimental to the best interest of the city. The director of public works shall promulgate regulations for the implementation and administration of the permit process. Such permit would be subject to revocation at any time by the director of public works or his/her designee, and would be subject to such terms and conditions as the director of public works or his/her designee may consider reasonable for the protection of the best interests of the city, including but not limited to provisions that the permittee shall hold the city, its officers, agents and employees free and harmless from any liability for injuries to persons or property resulting from the construction or maintenance of such encroachment, and that the removal of the structure when so requested by the director of public works or his/her designee shall be at the permittee's expense. Such permit may also provide that upon failure of the permittee to remove such structure within a reasonable time after notice from the director of public works or his/her designee, the same may be abated and removed by the city and the cost thereof made a lien upon the property pursuant to the provisions of this code. Other conditions of approval may be imposed on commercial sidewalk encroachment permits where they are deemed appropriate for the maintenance of the public health, safety and welfare.

(Ord. 1507 N.S. § 2 (part), 2001)

A. In addition to satisfaction of the general criteria enumerated above, permits may be granted for commercial sidewalk encroachments, in accordance with the following specific criteria and procedures, for:

1. Outdoor sales and display areas of flower and plant shops;

2. Outdoor eating areas of eating and drinking establishments; and

3. Displays of merchandise commonly sold within the adjacent business establishment, which shall not exceed seven days' duration.

B. Commercial sidewalk encroachments shall be permitted only on public sidewalks in areas of the city zoned central commercial (CC-R) and only for businesses in buildings which front on Monterey Road and adjacent side streets for a depth of one city block, south of West Main Avenue and North of West Dunne Avenue;

C. Commercial sidewalk encroachments shall be permitted only on public sidewalks immediately adjacent to the frontage of the business which is granted a permit for such encroachment;

D. Commercial sidewalk encroachments shall be visibly designated as such by a placard or other such identification which clearly identifies the holder of the permit, the permit number and its date of expiration;

E. No commercial sidewalk encroachment shall be located in a manner that:

1. Impedes access to any city inspection, maintenance and operation devices or controls;

2. Blocks curbside access to a loading zone; or

3. Impedes pedestrian access from curbside vehicles to the adjacent sidewalk.

F. No commercial sidewalk encroachment shall be permitted:

1. Without a minimum sidewalk clearance width of five feet, measured between the building and fixed objects (such as building walls and utility poles), planter wells and/or curbs; or

2. On a public sidewalk within a distance of ten feet from corner curb lines and corner crosswalks.

G. All commercial sidewalk encroachments shall be removed whenever the adjacent business which owns the encroachment is closed for business, unless specifically exempted by the director of public works.

(Ord. 1507 N.S. § 2 (part), 2001)

A. Application. Application for a commercial sidewalk encroachment permit shall be made to the director of public works or his/her designee, by the owner or lessee, with the consent of the owner of the property adjacent to the sidewalk area to be encroached upon. Such application shall contain all information necessary for a determination on the application including, but not limited to:

1. A statement of intended use, a map showing location and clearance distances and a sketch of the proposed encroachment showing dimensions and color;

2. A fee, as set forth in the municipal fee schedule; and

3. A certificate of insurance and a hold harmless and indemnity agreement in favor of the city in a form to the satisfaction of the city attorney.

B. Review and Action on Application. A completed application for a commercial sidewalk encroachment permit shall be reviewed by city staff for a determination as to whether such application complies with the regulations contained in this chapter. Such review shall include a referral to the design staff of the department of community development for review and comment. The design of the commercial sidewalk encroachment shall be evaluated as to whether it is reasonably compatible in scale, design and color with the character of adjacent and nearby building facades and public spaces. The director of public works or his/her designee shall grant or deny the application.

(Ord. 1507 N.S. § 2 (part), 2001)

The director of public works, or his/her designee, may revoke a commercial sidewalk encroachment permit if he or she determines that the conditions of the permit or any provision of this chapter are being violated, or if municipal use of the area is required for reasons of public health, safety, welfare or convenience. In the case of a revocation, the permittee shall be notified and shall be entitled to a hearing before the director of public works or his/her designee in accordance with the written guidelines, rules and regulations of the city.

(Ord. 1507 N.S. § 2 (part), 2001)

It is unlawful for any person, firm, or corporation to violate any provision of this chapter.

(Ord. No. 2276 N.S., § 41, 5-2-2018)

Editor's note— Ord. No. 2276 N.S., § 41, adopted May 2, 2018, amended § 12.04.060 in its entirety to read as herein set out. Former § 12.04.060 pertained to commercial sidewalk encroachment permit—penalty and citation for violation and derived from Ord. 1507 N.S., § 2(part), adopted in 2001.