TEMPORARY OUTDOOR DINING AREA PERMIT EXTENSION APPLICATION/ PUBLIC WORKS PERMIT EXTENSION APPLICATION

Applicant Contact Information

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Name*
Address*

Business Information

Address*

Temporary Outdoor Dining Proposal

Provide the approved Temporary Outdoor Dining Permit number(s) (MIS and PWK) for which an extension is proposed.

Leave blank if not applicable
Are any changes proposed to the approved temporary outdoor dining area? Changes can include, among others: (a) expanding or shifting the location of the outdoor dining area; or (b) introducing new site features, such as portable heating equipment or tents.*

Area Plans

Provide an aerial map, drawing, sketch, or approved plan that clearly depicts the proposed temporary outdoor dining (city staff can assist with providing an aerial map or approved plans as necessary):

  • The location and boundaries of the temporary outdoor dining.
  • Defined entry and exit points.
  • Dimensions of the temporary dining area. It is not necessary to show the location of tables or seating.
  • Where the temporary dining area is located in a parking area or within a public right of way, demonstrate that safe separation and adequate protection is provided between outdoor dining areas and pedestrian and vehicular traffic.
  • Revisions proposing heaters or tents are subject to review and approval by the city. Applicants must submit product data and indicate location(s) for the proposed equipment.
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Permit Conditions and Agreement

  1. The Applicant must comply with all applicable COVID-19 directives, executive orders, and guidelines associated with the operation of outdoor restaurant seating.
  2. Use of any space for temporary outdoor dining is subject to the permission of the property owner.
  3. All tables, chairs, tents, barriers, and portable heating must be placed on a paved and substantially flat surface and should not impact any public infrastructure, including but not limited to utilities, parking meters, signs, streetlights, or street trees.
  4. The Applicant must arrange tables, seating, and other fixtures in a manner that does not adversely impact the ADA accessibility and usability of the public right-of-way nor any existing fire lanes and ensure any seating in a parking lot is cordoned off as required by the city.
  5. ADA accessibility shall be provided within the temporary outdoor dining areas at all times.
  6. Umbrellas, canopies, and awnings are permitted but must not hang over adjacent clear pedestrian or vehicular paths and must be secured.
  7. Enclosures are strongly encouraged to delineate the outdoor dining areas. Nothing installed within the right-of-way or public access easement shall penetrate the ground surface and must be weighted and secured in a manner that does not damage the pavement surface.
  8. The Applicant shall be responsible for snow and ice removal within the temporary outdoor dining area in accordance with the City Property Maintenance Code.
  9. The outdoor dining space must be maintained in a clean and sanitary condition. 
  10. The Applicant must post the Montgomery County Business Reopening Requirements in a visible location within the temporary outdoor dining area.
  11. Approval for use of the public rights-of-way and public access easements are subject to Mayor and Council approval prior to permit issuance.
  12. All other conditions identified during the application review and included as additional condition(s) of approval

By checking the boxes, you are agreeing to the conditions of the permit.

The undersigned attests that all of the information provided is true, correct, and accurate to the best of their knowledge.*
The undersigned acknowledges that issuance of TODA or PWK is temporary and will terminate on the date specified on the permit.*
The undersigned agrees to comply with the terms of this application and any conditions of a TODA and/or PWK.*
The undersigned agrees to repair or replace any public improvements damaged by the use of the permitted space for temporary outdoor dining, as directed by the city Inspector.*
The undersigned agrees to save harmless the city from all liability arising from the use of the permitted space, including any public right-of-way, for temporary outdoor dining area*
By typing your name, you agree to the conditions above.
Date*