HomeMy WebLinkAboutAdministrative Order No 2020-08 - Downtown Sidewalk Encroachment Permit Program, Special Event BOZ E MANMT
Public Works
Administrative Order 2020-08
Section 34.05.130 - Downtown Sidewalk Encroachment Permit Program, Special Event
Policy:
Pursuant to Section 34.05.130 of the Bozeman Municipal Code (BMC), the Director of Public
works has determined that a temporary permit for sidewalk cafes in the downtown business
district to include areas in front of physically adjoining buildings is applicable until November 1,
2020, subject to the following requirements:
1. The building ingress/egresses is not impacted.
2. There are no fixtures utilized by the fire department for fire supersession in the proposed
area.
3. Written consent from the owner of the business occupying the ground level space where
the cafe will be located.
4. When alcohol is served, written approval from the Department of Revenue for the
expanded area.
5. When alcohol is served, provisions of section 34.05.100.13.10.a- e remain applicable to
the sidewalk cafe.
For sidewalk cafes serving alcohol, during the period of the temporary permit, the requirements
for a fence found in 34.05.100.13.1 Of, BMC, are replaced with the following requirements of a
barrier:
6. It shall be the sole responsibility of the permittee and their employees to maintain the
integrity and location of the barrier to ensure that it meets all requirements.
The barrier shall:
a. Not encroach on the minimum six foot wide pedestrian zone;
b. Be free standing and not susceptible to tipping;
c. Clearly delineate the space limitations of the sidewalk cafe;
d. Discourage the movement of chairs or tables beyond the delineated area; and
e. Discourage people from entering or leaving the delineated space except at points
of ingress or egress.
A business in the downtown business district must apply for a temporary permit for a sidewalk
cafe through the City of Bozeman Public Works Division. Fees for encroachment permits
authorized by section 34.05.140 BMC are waived during the period of the temporary permit.
Rationale & Intent:
COVID-19 and the public health recommendations surrounding COVID-19, including the need
for social distancing and directives limiting the number of people inside retail food
establishments, have created special conditions for residents, visitors and businesses.
Public Work_,
Additionally, the return of students to school, including many out of state residents returning to
Montana State University, creates a special circumstance that will bring more people to the
downtown business district. Allowing temporary sidewalk cafes with appropriate restrictions
protects the public health, safety, and welfare of the public by promoting social distancing and
prevents businesses from overcrowding in their indoor spaces, in accordance with directives
from the Governor of Montana, local health department, and in accordance with the City's March 16,
2020 Declaration of Emergency for COVID-19 Pandemic and related Orders
Definitions
Definitions found in section 34.05.020, BMC, are applicable to this administrative order.
Discussion:
As stated in section 34.05.010.A, BMC:
It is the intent of the city commission, in enacting the ordinance from which this article is
derived, to:
1. Serve and protect the health, safety and welfare of the general public;
2. Regulate and control private uses and encroachments occurring upon public
rights of way in the downtown business district of the city by establishing distinct
criteria to permit and/or approve non-substantial encroachments, substantial
encroachments, and exclusive uses;
3. Develop a fair and equitable program that will enhance the overall appearance,
ambiance and environment of the downtown business district; and Ensure
accessibility for all users as established under the Americans with Disabilities
Act.
The BMC recognizes and expressly allows the director the flexibility to issue temporary permits
for special or temporary events and allow alternative regulations applicable to the specific event
that are consistent with the purposes of municipal code. Section 34.05.130, BMC states, "The
director of public works may issue a temporary permit for special or temporary events which
may take place in the downtown business district, including but not limited to `Crazy Days,'
`Taste of Bozeman,' and `Music on Main.' Should the director determine a temporary permit is
applicable for any reason, the director may waive any of the requirements set forth in this article
the director feels are inapplicable and allow alternative provisions consistent with the purposes
of this article."
Granting a temporary permit for sidewalk cafes will enhance a business's ability to provide
adequate social distancing, while enhancing the business environment in the downtown business
district. Allowing sidewalk cafes serves and protects the health, safety, and welfare of the
general public by ensuring accessibility for all users and abiding by public health directives to
socially distance on the sidewalk as well as in the business. The alternative requirements are
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designed to provide a reasonable balance between sidewalk users and business patrons by
regulating and controlling the expanded, temporary private uses of sidewalk cafes and their
encroachment into public rights of way.
This Administrative Policy is hereby adopted and made effective by the Public Works Director,
August 19, 2020.
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