Sidewalk Use Bylaw No. 1917 (Consolidated to 2021-03-16)

Sidewalk Use Bylaw No. 1917

BYLAW NO. 1917
A Bylaw to regulate the use of sidewalks.

The Council of the City of Langford, in open meeting assembled, enacts as follows:

Citation

This Bylaw shall be cited as “Sidewalk Use Bylaw No. 1917”.

Definitions

In this Bylaw:

• CITY
  means the City of Langford.

• DIRECTOR
  means the following City of Langford employees:
  a) Director of Engineering;
  b) Director of Planning; and
  c) Includes their appointed deputies.

• SIDEWALK USE
  means an outdoor area authorized by a Sidewalk Use permit to be used for the purpose of serving food and beverages, or offering other retail services in an outdoor setting, in conjunction with an existing business.

Permit Required

A Sidewalk Use is only allowable with a valid permit, and no person shall construct, erect, modify, convert, expand, reconstruct, relocate or replace any Sidewalk Use without first having obtained a valid permit.

Delegation

A Director is authorized to:
a) Determine the form of a Sidewalk Use permit application;
b) Prescribe the form of a Sidewalk Use permit;
c) Issue or renew a Sidewalk Use permit in accordance with the terms and conditions of this Bylaw;
d) Refuse to issue a Sidewalk Use permit in accordance with this Bylaw, or if:
i. Information submitted is incomplete to process the application;
ii. Incorrect information is submitted;
iii. There was a previous contravention of a permit which is being considered for renewal;
iv. The proposed permit would authorize any structure, occupancy or activity prohibited by any bylaw or regulation, including, but not limited to, the use and density regulations of the applicable Zoning designation of the adjacent property; or
v. The Director considers that the activities proposed under the permit cannot be carried out safely and with a minimum risk of injury to persons, damage or loss to property, inconvenience to residents and businesses in the vicinity, or to others using the public space; and
e) Suspend, amend, or cancel any permit without compensation to the permit-holder, if:
i. There is a contravention of this bylaw or the issued permit;
ii. The permit was issued in error;
iii. The permit was issued on the basis of incorrect information;
iv. In the opinion of the Director, a portion of the Sidewalk Use area is required for the installation of municipal utilities or other municipal purposes;
v. The Director considers that the activities under the permit are not being carried out safely and with a minimum risk to persons, damage or loss to property, inconvenience to residents and businesses in the vicinity, or to others using the public space.

Application Requirements

A permit for a Sidewalk Use may be issued when:
a) A full and complete application, as determined by the City, has been submitted;
b) Proof of valid City of Langford business license is confirmed;
c) Proof of insurance, as outlined in section 7b, is confirmed; and
d) The proposed Sidewalk Use conforms to this Bylaw and all other applicable bylaws and regulations, including the BC Building Code.

A permit holder must:
a) Comply with all applicable City bylaws and City and Provincial regulations (e.g. WorkSafe BC, Liquor and Cannabis Regulation Branch);
b) Ensure that all the terms and conditions of the permit are met;
c) Maintain the Sidewalk Use Area in a clean, sanitary, safe, attractive condition satisfactory to the Director of Engineering; and
d) Submit a request to the City of Langford Building Department to inspect the Sidewalk Use before use and operation each calendar year.

A Sidewalk Use application must include:
a) The written approval of the registered owner of the building and/or property;
b) Proof of the applicant’s comprehensive general liability insurance policy for a minimum of $5 million, naming the City as an additional insured; and
c) A site plan, showing the proposed Sidewalk Use, and all existing buildings, structures, fixtures, fencing, and improvements located within 3.0m of the proposed Sidewalk Use, including the dimensions of any sidewalks to be retained or proposed for relocation.

Permit Period

A Sidewalk Use Permit is valid for one calendar year from the date of issuance.

A Sidewalk Use Permit may, at the discretion of the Director, be re-issued for a subsequent period of up to three calendar years if the Sidewalk Use was lawfully installed and used during the previous year and the application requirements of this Bylaw have been met. Any application for re-issuance of the Sidewalk Use Permit shall be made prior to the expiry of the Permit.

Requirements

Subject to Director approval, a Sidewalk Use may be located:
a) On a sidewalk parallel to the linear frontage of the associated business which holds a valid City of Langford business license;
b) On a sidewalk parallel to the linear frontage of an adjacent business, with the written permission of the property owner and owners of any adjacent businesses; and
c) On a sidewalk or off-street parking stalls within the property containing the business, with the written permission of the property owner and owners of any adjacent businesses. When a Sidewalk Use Permit is issued under this section, a Development Permit will not be required.

The Director may consider other locations not specified in section 11 for the Sidewalk Use if the applicant demonstrates to the satisfaction of the Director that the other sections of this Bylaw can be implemented.

A Sidewalk Use may not include Liquor Service or Sales unless a valid License issued by the Liquor and Cannabis Regulation Branch is provided to the City and any conditions specified by the License, such as fencing to delineate the Licensed Area, have been implemented.

The City’s Manager of Business Development and Events shall be available to assist in coordinating and implementing any necessary approvals from other agencies.

A Sidewalk Use must allow for a minimum sidewalk width of 2.0m that is free and clear of any obstructions for pedestrians, including temporary obstructions such as parked bikes and leashed dogs.

A Sidewalk Use is not permitted in a location where it would impede visibility or safety, in the opinion of the Director of Engineering.

A Sidewalk Use must be wheelchair accessible, unless it is shown to the satisfaction of the Director of Engineering to be impractical.

Design and construction of a Sidewalk Use must allow for appropriate drainage.

Sidewalk Use walking surfaces must be non-slip.

If the Sidewalk Use is located adjacent to a highway or on-site driving lane, partitions must be installed to separate the Sidewalk Use from vehicular traffic, and these partitions must be a minimum of 1.0m in height, measured from the Sidewalk Use level.

Awnings or shaded structures may be permitted provided they are securely fastened, do not extend into a driving lane, and are either retractable or demountable.

All signage, umbrellas, fencing and similar fixtures or items which could pose a hazard must be securely fastened.

Where a conflict exists between this Bylaw and Traffic Bylaw No. 33, Traffic Bylaw No. 33 shall prevail.

Hours of Operation

No Sidewalk Use is permitted to play amplified music between the hours of 9:00 pm and 9:00 am.

No Sidewalk Use is permitted to operate between the hours of 9:00 pm and 7:00 am.

Offence

Every person who violates this Bylaw commits an offence and is liable upon conviction to a penalty not exceeding $5000 and the cost of prosecution.

Severability

If any portion of this Bylaw is declared invalid by a court of competent jurisdiction, then the invalid portion must be severed and the remainder of the Bylaw is deemed valid.

READ A FIRST TIME THIS 21ST DAY OF MAY, 2020.
READ A SECOND TIME THIS 21ST DAY OF MAY, 2020.
READ A THIRD TIME THIS 21ST DAY OF MAY, 2020.
ADOPTED THIS 21ST DAY OF MAY, 2020.

Presiding Council Member

Corporate Officer