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Sidewalk Vendor Bylaw
Bylaw 1361
Effective 2022 April
Bylaw
Sidewalk Vendor
Page 1 of 5
Bylaw 1361
City of Castlegar / Development Services
castlegar.ca
A bylaw pursuant to Sections 8, 35 and 194 of the Community Charter, to
regulate the use of public spaces.
WHEREAS Section 8 of the Community Charter allows Council to set regulations on the use of public
spaces and the safety of highways;
WHEREAS Section 194 of the Community Charter allows Councils to impose fees payable in respect
to the use of municipal property;
AND WHEREAS the Council of the Corporation of the City of Castlegar deems it advisable to issue
permits, set fees and regulate the use of City sidewalks and public lands for the purposes of
storefronts, patios, and parklets within the City of Castlegar;
NOW THEREFORE the Council of the Corporation of the City of Castlegar in open meeting assembled
enacts as follows:
1.
Name of Bylaw
1.1
This Bylaw may be cited as "Sidewalk Vendor Bylaw No. 1361".
2.
Definitions
2.1
In this Bylaw, the following terms have the following meanings:
ABUTTING means on the front, back, or sides of a property parcel;
APPLICANT means an applicant for a Permit for the purposes of this Bylaw, and also
means the holder of a Permit, once issued.
BUILDING CODE means the current British Columbia Building Code as adopted by the
Province of British Columbia and as amended or re-enacted from time to time;
BUILDING OFFICIAL means a person appointed by the City or their delegate;
BUSINESS means the carrying on of a commercial or industrial undertaking of any kind
or nature or the provision of professional, personal or other services for the purposes
of gain or profit and for he purposes of this Bylaw, includes non-profit or other types of
benevolent organization;
BYLAW ENFORCEMENT OFFICER means the person appointed by the City or their
delegate;
CITY means the City of Castlegar;
COUNCIL means the duly elected Council for the City of Castlegar;
FRONTAGE means the common boundary shared by a property line and a highway;
MANAGER OF PLANNING, DEVELOPMENT & SUSTAINABILITY means the person
appointed by the City or their delegate;
PARKLET means a temporary seating area that extends over one or more parking stalls
along the frontage of a business, and may include public seating, landscaping and bicycle
parking;
Bylaw
Sidewalk Vendor / Bylaw 1361
Page 2 of 5
City of Castlegar / Development & Engineering Services
castlegar.ca
PERMIT means a Permit for a storefront use, sidewalk patio, or parklet for business
purposes issued under this Bylaw;
SIDEWALK means the area between curb lines or lateral lines of a highway and the
adjacent property lines improved for the use of pedestrians and includes, but is not
limited to walkways, stairways, ramps, curb letdowns and any customarily travelled
footpath made of gravel, asphalt, dirt or other materials and the unpaved edge adjoining
any asphalt road surface where no finished sidewalk exists;
2.2
In this Bylaw, the terms "include" and "including" mean "including without limiting the
generality of the foregoing".
3.
Storefront Use, Sidewalk Patio and Parklet Application and Permit Requirements
3.1
Unless otherwise exempted by this Bylaw, a storefront use, sidewalk patio, or parklet is
only allowable with a valid Permit and no person shall construct, erect, modify, convert,
expand, reconstruct, relocate, or replace such improvements without first having
obtained a valid Permit.
3.2
Despite 3.1, a business may place tables and chairs or sales racks on a sidewalk or
frontage without a Permit if the following conditions are met:
a. the tables and chairs or sales racks are located on the sidewalk or frontage
immediately adjoining the business and are wholly located within 0.8 meters of the
property line or boulevard in which the business is located;
b. there are no more than three tables and six chairs or two sales racks;
c. the sidewalk is unimpeded at a minimum width of 1.5 metres for the length of the
sidewalk or frontage for which the tables and chairs or sales racks are placed;
d. the tables and chairs or sales racks are removed from the sidewalk at the close of
each business day; and
e. there are no constructed fixtures on the sidewalk or frontage adjacent to the
business.
3.3
Applications for storefront use, sidewalk patios and parklets shall meet the following
requirements:
a. a full and complete application as determined by the City is submitted, including the
applicable fees;
b. provision of a site plan showing the following:
- site location in relation to existing business and adjacent businesses (if relevant);
- layout and placement of any chairs, tables, sales racks, or signage;
- location of sidewalk/curb and any parking stalls that will be used; and
- location of any doorways or opening to existing business and adjacent businesses
(if relevant).
c. the proposed work set out on the application conforms to this Bylaw and other
applicable Bylaws of the City;
d. provide proof of the following comprehensive public liability insurance and property
damage insurance providing coverage of at least $2,000,000 and including the City
of Castlegar as an additional insured.
Bylaw
Sidewalk Vendor / Bylaw 1361
Page 3 of 5
City of Castlegar / Development & Engineering Services
castlegar.ca
3.4
Every Permit holder must:
a. ensure that all of the restrictions, requirements, specifications, terms and conditions
of the Permit are met;
b. comply with the plans, specifications forming part of the Permit, and complete the
works required by the plans and specifications of the Permit;
c. submit a request to the City's Building Official to inspect any works undertaken
before use of the Permit each year; and
d. be bound by any waiver and indemnity which forms part of the Application and
Permit.
3.5
Where the Permit holder fails to meet and maintain the conditions of the permit, the
City may cause any part of the Permitted area to be removed and may charge the costs
of such removal to the Applicant.
3.6
A Permit may be renewed on an annual basis, provided that:
a. The renewal fee is paid;
b. Proof of a valid business licence is provided;
c. Proof of insurance as required under 3.3(d) is provided; and
d. The approved Permit has not substantially changed.
4.
Storefront Use, Sidewalk Patio and Parklet Specifications
4.1
Storefront Use, Sidewalk Patio, and Parklet Permits are valid from May 1 to October 31 of
the year it is issued or renewed.
4.2
Subject to the provisions of this Bylaw, a property owner or business owner shall be
eligible to use the sidewalk or specified parking areas adjacent to their property for a
storefront use, sidewalk patio or parklet.
4.3
Such uses shall not exceed the business storefront width unless the permit holder
enters into a written agreement with adjacent property owner(s) to expand the use or
consolidate the use with adjacent property owner(s). Such spaces may include private
parking lots or City owned property with the permission of the owner(s) or City.
4.4
Spaces that include private parking lots must not use more than 25% of the required
parking as per the City's Zoning Bylaw for the purposes of improvements.
4.5
Storefront uses, sidewalk patios and parklets shall be constructed in a manner to enable
unfettered access to City infrastructure.
4.6
Removal of improvements for the purposes of emergency repairs to City infrastructure,
are permitted at any time, with no cause of claim to the City.
4.7
Storefront uses, sidewalk patios and parklets shall not impact any existing City
infrastructure such as street trees, light standards, or waste refuse bins, or be located in
any of the following areas:
a. In an area necessary for parking fire equipment, including parking areas adjacent to
fire hydrants;
b. In an area necessary to provide access to public transportation; or
Bylaw
Sidewalk Vendor / Bylaw 1361
Page 5 of 5
City of Castlegar / Development & Engineering Services
castlegar.ca
SCHEDULE A: FEE SCHEDULE
Application Type
Fee
Storefront Use, Sidewalk Patio and Parklet Permit
$50
Storefront Use, Sidewalk Patio and Parklet Renewal
$25