13.30.040 Exceptions.
A. The annual permit fee set forth in Section 13.30.030 shall not apply to the following:
1. When the use of a city right-of-way is for the purpose of parking or landscaping other than to meet city code requirements; or
2. When the use of a city right-of-way involves a use within a single-family zone which in the opinion of the public works director or the public works director’s designee will not interfere with the public convenience or the health, safety or welfare of the general public and which use is commonly attendant to uses in single-family zones such as fences, bulkheads, stairs and landscaping.
B. Provided, however, notwithstanding subsections 1 and 2 herein, whenever the use of a city right-of-way involves the leasing or renting of said city right-of-way by the permittee or the permitee’s designee or otherwise involves the use of said city right-of-way in such a manner as to enable the permittee to derive a benefit therefrom, then the exceptions set forth herein shall not apply. (Ord. 1048-84 § 4, 1984.)