Chapter 6.1
Community Health and Safety

• ALL
• Remove Code Barriers
• Create Incentives
• Fill Regulatory Gaps

Protecting Public Spaces from Weather Conditions

INTRODUCTION

A principal reason people choose to drive instead of walk is exposure to natural elements.[1] Vehicles provide shelter from the sun, snow, wind, and rain.[2] Although automobiles offer comfort, they contribute to the degradation of the environment through the emission of greenhouse and other gases.[3]  Walking does not contribute to harmful emissions and is safer for the traveler than vehicular transport.[4] To address the consequences of vehicular travel, local governments have sought out methods to encourage walking. Many local governments employ ordinances to encourage the use and design of structures along pedestrian routes to shield pedestrians from unhospitable weather.[5]

Communities can draft ordinances shielding pedestrians from inclement weather in a way that addresses the specific local weather and physical conditions. Some ordinances require developers to incorporate measures which protect paths, sidewalks, and walkways from weather conditions unfavorable to pedestrians. Others might block sunlight by requiring canopies or awnings on ground-level structures to protect sidewalk travelers, while others might benefit from more trees and other vegetation to shelter pedestrians on trails and walkways.

EFFECTS

The implementation of local ordinances designed to protect pedestrians from weather conditions results in comfortable and safe walking conditions. Four primary weather conditions discourage walking: sunlight, heat, wind, and precipitation. Shade-providing structures, such as awnings, protect walkers from the sun's heat and cancer causing UV rays.[6] Structures such as solar awnings can successfully block 98% of ultraviolet radiation.[7] Similarly, trees can reduce harmful UV rays by about 50%.[8] They can also reduce the amount of heat retained by a local government, such as in Los Angeles where trees cool the city by about 10 degrees by shading buildings and streets from the sun, lowering energy costs and emissions of greenhouse gases.[9]

Overhead structures like awnings and shade trees also protect pedestrians from precipitation. In one study, 55% of people surveyed said rain was the most challenging weather condition with regard to spending time outdoors.[10] A similar study revealed a 12% variation of activity as measured by steps taken between days when it rained and days when it did not.[11] These studies suggest that if pedestrians were offered more protection from rain, there would be increased traffic on local walkways (for a brief seeking to increase walkways see Alternative Pedestrian Routes to Parking Areas, Neighborhoods, and Businesses).

Trees may also act as a buffer from wind to make walking more comfortable.[12] Even a single tree can help mitigate the effects of wind.[13] The presence of trees along walkways can cut wind speeds in half, providing a noticeable difference to pedestrians.[14] Tree cover also provides the added benefit of cutting the energy costs of nearby buildings by as much as one third by reducing wind pressure on the structures.[15]

Shade trees also benefit the environment because they help purify the air while reducing energy costs.[16] Additionally, several studies note trees increase property values.[17] One study explained that tree cover increased property values by about 7 percent in residential areas and 18 percent for lots.[18]

Trees are also good for mental and physical health.[19] Research demonstrates that not only do people feel better when in an area has a higher density of trees, but people who spend time in those areas also have fewer cardio-metabolic conditions (for a description of an ordinance expanding tree canopy cover, see Expand Tree Canopy Cover).[20]

EXAMPLES

Anchorage, AK

The City of Anchorage enacted a provision to ensure the comfort and safety of pedestrians by guarding against wind downdrafts.[21] Structures over 90 feet tall must be designed to maintain (or at least not diminish) comfort for pedestrians regarding wind speeds on sidewalks, walkways, and other pedestrian spaces surrounding the building.[22] The City bases the criteria for acceptable wind speeds on the amount of pedestrian traffic anticipated to occur around such structures. Developers must employ a wind-engineering/building-aerodynamics expert to forecast wind conditions and suggest design modifications or wind control measures to lessen the impact of wind downdrafts.[23] Anchorage incentivizes pedestrian safety by offering a floor area bonus to builders that perform a wind tunnel test.[24]

To view the provisions, see Anchorage, AK Municipal Charter, Code and Regulations § 21.07.120(C)(1) (2014).

Seattle, WA

Seattle has a reputation for year-round precipitation. The City ranks sixth in the U.S. for the most amount of annual rainy days.[25] As a result, the City adopted an ordinance in the Northgate Overlay District that requires continuous overhead weather protection along at least 60% of the street frontage of a commercial structure on a major pedestrian street.[26] Overhead weather protection includes canopies, awnings, and marquees.[27]

The overhead weather protection has to cover either a sidewalk or a walking area within ten feet immediately adjacent to the sidewalk.[28] The covered walking area must be the same grade or within eighteen inches of sidewalk grade as well as comply with the state of Washington’s requirements for barrier-free access.[29] The covered area must also be a minimum of six feet wide unless the sidewalk meets street trees or utility poles, in which case the width may be adjusted to accommodate such features.[30]

The lower edge of the overhead weather protection must be a minimum of eight feet and a maximum of twelve feet above the sidewalk for projections extending to a maximum of six feet.[31] For projections extending more than six feet from the structure, the lower edge of the weather protection shall be a minimum of ten feet and a maximum of fifteen feet above the sidewalk.[32]

To view the provisions, see Seattle, WA Municipal Code § 23.71.008 (G) (1-4) (2018).

St. Pete Beach, FL

In a specific zoning district, called the “Community Redevelopment District,” St. Pete Beach, FL enacted a provision requiring the use of shade trees.[33] The code requires that pedestrian walkways be either landscaped to provide additional shade, or designed to include ornamental trees that average to one shade tree per 30 feet of walkway, unless the walkway is adjacent to or included within an existing buffer or frontage planting already in compliance with the code.[34] Any adjustments are subject approval by the city manager.[35]

The code also requires that a minimum of one shade tree be planted for each 200 square feet of separate additional landscaped area in the Community Redevelopment District.[36] Shade trees must also be drought tolerant and the species and location shall be approved by the city manager to ensure proper implementation of the overall streetscape plan with regards to pedestrian walkways.[37]

To view the provisions, see St. Pete Beach, FL Land Development Code Sec. 39.11 (a-c) (current through 2019).

ADDITIONAL EXAMPLES

Surprise, AZ, Code of Ordinances § 122-123(b)(1-4) (2018) (requiring shade trees along pedestrian routes).

Athens, OH, Code of Ordinances § 37.01.05 (2019) (requiring every 1,527 square feet of impermeable surface to have at least one large shade tree or two medium sized shade trees and designating the space between each tree based on tree size).

Austin, TX, City Code 25 E § 2.8 (2006) (setting requirements for shaded sidewalks among all roadways).

Ballwin, MO, Code of Ordinances (Appendix A, ARTICLE XIIE § 6.3) (2018) (setting sidewalk requirements including shade structures).