Accessibility and Right-of-Way

The City of Snohomish strives to be a pedestrian-friendly destination that is accessible to everyone, but we can’t do it alone. 

BACKGROUND

The Americans with Disabilities Act (ADA), enacted in 1990, provides comprehensive civil rights protections to persons with disabilities in many areas, including access to government services, access to public rights-of-way, and transportation. In 2023, the City of Snohomish adopted an ADA Transition Plan, required elements of the federally- mandated ADA Title II, which requires that government agencies ensure equal access to programs and services. 

WHY NOW?

Once identified as a hazard, the City has an obligation to taxpayers, residents, merchants, visitors and our public to remove physical barriers within the public right-of-way.

WHAT DO I NEED TO DO?

Maintaining safe and open sidewalks requires collaboration between the City and property owners. Keeping sidewalks clear of hazards, including furniture, signs, planters, snow, ice, and overgrown hedges is the responsibility of property owners. 

HOW DO I APPLY FOR A SIDEWALK USE PERMIT?

All applications are online. Visit the Permit Portal and search for “Sidewalk Use” or “Sidewalk Cafe”. Go through the application steps and upload the listed submittal documents. The Permit Center will invoice you for applicable permit fees. When your application is approved, you will receive a Hold Harmless Agreement that must be signed and returned before the permit can be issued.

WHAT DO I NEED TO SUBMIT?

All applications require a site plan and a Certificate of Insurance. Sidewalk cafe applications must also submit information/images of all proposed furnishings, including a description of the materials.

CAN I DRAW MY OWN SITE PLAN?

Yes. Site plans do not need to be professionally prepared, as long as it is clear and the reviewer can see the following items:

• Location and dimensions of sidewalk use, including fixtures
• How pedestrians will access the sidewalk and get around any obstructions
• Other obstructions, such as street lights, fire hydrants, trash cans, etc.
• Whether there are any nearby crosswalks
• The area of remaining sidewalk for accessibility, including width (minimum 4.5 feet)

WHAT IS THE INSURANCE FOR?

All obstructions in the public way can cause tripping hazards and accessibility issues. Sidewalk use permit holders are required to carry liability insurance that names the City of Snohomish as an additional insured. The policy must cover $1 million commercial general liability per occurrence and $2 million aggregate. A Hold Harmless Agreement is also required. See SMC 12.14.090 for more information about insurance requirements.

HOW DOES RENEWAL WORK?

Sidewalk use permits may be renewed annually for up to 5 years. The renewal is to confirm insurance is still valid, and does not cost any additional fee to the City. An annual renewal reminder will be sent to all sidewalk use permit holders. To request the renewal, log in to the Permit Portal, access your permit number, and select “Renewal Request”. Then upload your current Certificate of Insurance to the Attachments. You will receive notice when the renewal is approved. After the 5 year validity period, sidewalk uses require a new permit. You do not need to do anything if you do not wish to continue using the public sidewalk for another year. Code enforcement will result if the sidewalk is being used for private purposes without a valid permit in place.

WHEN WOULD I NEED A SIDEWALK USE PERMIT? 

IF YOU HAVE A SIDEALK CAFE

A sidewalk cafe permit is required for outdoor seating at eating and drinking establishments. Sidewalk cafes generally have tables, chairs, and umbrellas. Some may have barricades to separate the seating fromthe sidewalk. If alcohol is served, the barrier is required. All furnishings, including umbrellas and barricades, will need to be reviewed by the City’s Design Review Board to ensure they preserve the historic character of our downtown. Permit fees are based on the amount ofsidewalk being used, in addition to a base review fee.

IF YOU HAVE COMMERICAL USE OF THE SIDEWALK

A commercial sidewalk use permit is usually a merchandise display outside of a retail store. If the items on the sidewalk are for sale o radvertising something for sale inside the store, then it’s a commercial use. There is a flat fee for commercial use permits and design review is not required. Both the commercial and non-commercial sidewalk use permits use the same application form.

IF YOU HAVE NON-COMMERCIAL USE OF THE SIDEWALK

Non-commercial sidewalk use permits are generally decoration or beautification, like a potted plant. There is no permit fee required for non-commercial use of the sidewalk, but the permit still needs to be revieweed for ADA accessibility and the same insurance and indemnification requirements apply. Design review is not required. Both the commerical and non-commerical sidewalk use permits use the same application form.

You don’t have to do it alone.  Staff from the City’s Public Works, Planning and Community Engagement Departments can work with property owners to create a timeline to resolve problems and provide support through the permit and inspection process. This collaborative effort means Snohomish can be a pedestrian-friendly destination and that our sidewalks are safe and accessible for everyone.