Advisory Neighborhood Commission 2E

Representing the citizens of Burleith, Foxhall-MacArthur, Georgetown, and Hillandale

USE OF PUBLIC SPACE

Some things are mandated:

• Permits: A permit is needed anytime someone seeks to use public space for any purposes; rental fees may or may not need to be paid. Permits must be conspicuously displayed on any structure or stand in public space, showing the full name of the owner. The Commission of Fine Arts must approve public space permits in Historic Georgetown.
• Public benefit: Use of public space is a privilege, not a right, and must be balanced with public safety and the need to maintain pedestrian and vehicular traffic.
• Clearances: A clear unobstructed passageway not less than 10 feet wide* must be maintained at all times entirely across the frontage of the property, parallel to the line of the street. It must be marked with painted white lines not less than 4 inches wide or with other markings.

Some things are categorically prohibited:

• Sound control: No amplification or production by mechanical means of any music in public space; no music after 12 midnight or earlier if specified on the permit; no more than three musicians playing stringed instruments or one musician playing the accordion; no music that disturbs the peace or quiet of the neighborhood or the comfort or repose of any inhabitant of the neighborhood. Sound can be assessed from any public space or neighboring property.
• Transferability: Public space permits may not be transferred among owners.
• Excavations: Without a permit, no one may make an excavation in public space, nor remove from or deposit any earth or other material.
• Fences and trees: Without a permit, no one shall erect a fence or wall or plant a tree in any public street, avenue, or other public space.
• Gates and fences: May not swing out onto any sidewalk, avenue, street, or road.

Some uses are allowed with limitations:

• Sidewalk cafes: Permits can only be issued to space adjacent to restaurant use (or if a variance is granted). Abutting property owners must approve the application; the ANC must be afforded the opportunity to comment; the property must be placarded at each street frontage.
  There must be maintained a 10-foot clear walkspace, as measured from the farthest projection of the cafe to the curb line or nearest obstruction, whichever is nearest to the cafe (trees, streetlights, sign poles, fire hydrants, etc. are obstructions); at corners, this shall include a 10-foot clear radial space to the corner. (The DPW Public Space Committee may approve a passage way as narrow as 6 feet where traffic flow is sufficiently light; this may be during certain periods or certain times.) No cafe may be within 15 feet of a bus stop, bus shelter, or Metrorail entrance.
  No food may be consumed on public space unless table service is provided by a waiter or waitress or unless an attendant is assigned to the area for maintenance purposes during all times the area is occupied by patrons.
  All water pitchers, coffee pots, utensils, condiments, containers shall be protected from contamination; presetting of tables shall nor be permitted unless the silverware is protected from contamination; outdoor seating shall be counted in satisfying restroom requirements; no structure or enclosure to accommodate the storage of garbage shall be erected, maintained, or placed adjacent to a sidewalk cafe.
  The height of a railing, fence, or planted (including vegetation) shall not be higher than 36 inches.
• Enclosed sidewalk cafes: Cafes may be enclosed only during the period from October 15 to May 15; they may not project more than 20 feet from the building line nor occupy more than 6o% of available surface space.
  All structural material must be easily demountable and capable of being removed within 24 hours, without damage to the sidewalk or public space.
  A separate building permit is required for enclosed sidewalk cafes.
  When the combined occupancies of the enclosed sidewalk cafe and adjacent restaurant exceed 75 persons, two exits shall be provided from the enclosed cafe, one of which shall open directly from the sidewalk, alley, or public space abutting the enclosed cafe and one of which may open into the abutting restaurant.
• Vending from tables:
  Hours of vending: With permit, commodities may be sold on public space from April through September from 4:30 am. to 8:oo pin., and from October through March from 5:00 am. to 8:oo p.m.; on Saturdays until 11:30 p.m. and never on Sundays.
  In Georgetown, such vending is limited to specific locations.
  Storage on public streets: Goods and merchandise cannot be left on public space for longer than two hours, during which time there must be maintained a 10-foot-wide passageway on business streets (6 feet for residence streets).

Other public space limitations:

• Construction: With a permit, persons engaged in alteration, demolition, or repair of any building may occupy the public space with building materials and appliances; however, building materials must be stored on private property until needed at the site.
• Limits to construction use: The maximum area to be occupied shall not extend beyond 7 feet from the curb (or half the distance from curb to any rail in the road, whichever is greater). At corners, material may not be stacked higher than 4 feet. A clear passageway of at least 6 feet must be maintained at all times for pedestrian use.
• Warning lights: When a roadway or sidewalk is used to store materials, a red light shall be placed and lighted at night to warn the public of the obstruction of the roadway and sidewalk, distinctly showing the clear passageway around the obstruction.
• Temporary covered walkways: May be permitted by the Chief of Police for periods not to exceed 48 hours; must maintain at least 6-foot width of free passage along the middle of the sidewalk.

Draft version, last updated 6 May 2001