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HomeMy WebLinkAbout2022-109 (Obstructions in the Sidewalk Rights of Way in the Central Business District in Downtown)City of Stillwater Washington County, Minnesota RESOLUTION 2022-109 A RESOLUTION REGULATING OBSTRUCTIONS IN THE SIDEWALK RIGHTS OF WAY IN THE CENTRAL BUSINESS DISTRICT IN DOWNTOWN STILLWATER WHEREAS, Stillwater is a popular tourist destination which results in a significant amount of pedestrian and vehicular traffic; and WHEREAS, congestion in the downtown area, especially along the narrow sidewalks of the Central Business District, makes the navigation of streets and sidewalks a threat to the public health, safety and general welfare; and WHEREAS, merchants have been placing signs, benches, merchandise, outside tables and chairs and other obstructions in the rights of way on the sidewalk in front of their businesses that cause impediments to the free -flow of pedestrian traffic and create dangerous conditions; and WHEREAS, the City Council believes that establishing clear regulations surrounding the placement of private obstructions in the sidewalk rights of way in the Central Business District will provide a safer, more enjoyable experience for all members of the public. NOW, THEREFORE, be it resolved that the City Council of the City of Stillwater does hereby adopt the following policy and regulations for allowing private obstructions in the public sidewalk rights of way in the Central Business District: A. Signs: General Rule: Temporary sandwich board signs are permitted in the sidewalk rights of way subject to the following regulations: 1. Dimensions: Signs must be of A -frame design or single -panel, must be portable and stable. They can be no more than 30" wide, 36" tall and 24" deep and have no more than two sign faces. 2. Design: Signs must be consistent with the Heritage Preservation Commission -approved color scheme for building front and signage, they cannot have protruding sections that cause a hazard to pedestrians, cannot mimic traffic control signs or have reflective material, may not be illuminated, animated or having moving parts. No interchangeable copy signs, or interchangeable letters are permitted. 3. Maintenance: Signs must be weatherproof, must be well -maintained with no peeling, broken, cracked or faded paint/vinyl/lettering. 4. Number of Signs: Each store -front business is allowed to display one (1) sign directly in front of its business. Multi -tenant buildings are allowed one (1) sign per 20 feet of building frontage. Multi -tenant buildings with frontage on more than one (1) street are allowed signs on each street, consistent with these regulations. 5. Hours: Signs are allowed during business hours only and must be removed daily. 6. Placement: Signs must be setback at least one (1) foot from the back of curb. However, signs at an intersection must be setback at least 15 feet from back of curb. Five (5) feet of unobstructed clearance must be maintained between the building and street for pedestrian circulation. 7. Prohibitions: (1) No sign is allowed on City property, including parking Tots, streets or alleys, unless it is pursuant to a permit or agreement approve by the City. (2) Signs shall not be displayed after a snow event of two (2) inches or greater until all snow removal operations are completed. B. Merchandise: Due to the narrowness of the public sidewalks, all private commercial use for display of merchandise is prohibited in the sidewalk rights of way. C. Benches: Benches are permitted in the sidewalk rights of way as long as they are placed next to the building and are available for use by the general public. D. Outdoor Seating: Outdoor Seating is permitted in the sidewalk rights of way pursuant to an approved Interim Use Permit and a License or Encroachment Agreement. If liquor will be served, the liquor license must be amended to include the outdoor seating area, which must be compact and contiguous to the licensed premises. E. Liability: Business owners assume all liability of obstructions placed in the right of way. F. Maintain Access: Obstructions must not interfere with access to any business, the passage of pedestrians or the opening of the doors of parked vehicles. G. Fire Code: All obstructions must conform to the Fire Code. H. Violations: The City may enforce this Resolution by removal of the obstructions, revocation or termination of any permit or agreement and repeat violations may subject the owner to administrative citations. Adopted by the Stillwater City Council this 6th day of September, 2022. ATTEST: Beth Wolf, City Clerk CITY OF S L WATER , Ted Kozlowski, Mayor 2