Encroachment Permits

A business owner who wishes to encroach on City property with retail displays or additional outdoor seating must enter into a License to Use Agreement (“Encroachment Agreement”) with the City of Revelstoke and be issued an Encroachment Permit for the year. An Encroachment Agreement is a legal and binding agreement between the City and the business owner. The City allows Encroachment Agreements on City property for retail uses or dining uses. An Encroachment Permit for retail uses is limited to a period of one year and an Encroachment Permit for dining purposes is limited to a temporary six-month period commencing on April 15th or earlier and ending on October 15th of each year.

2020 Fees Waived – Response to COVID-19

 All Encroachment Application fees are waived for the year 2020 as prescribed in Fees and Charges Bylaw No. 2256 associated with applications on City owned or leased land for uses such as: vending or busking; retail purposes (i.e. sandwich board sign, display racks and tables); and, dining purposes (i.e. outdoor patios). As per the Recovery Task Force (RTF) Update and Recommendation report presented to Council at the June 9, 2020 meeting.

Retail Encroachments

A retail business may encroach on City property with one (1) sandwich board sign, display racks(s) and table(s) along the business frontage, once an Encroachment Agreement is signed and Permit is issued by the Development Services Department. Any of the retail items placed on City property must be in good condition and appearance, weighted sufficiently to prevent wind uplift and located on the non-travel portion of the sidewalk.

See Policy: DS-6 Encroachments on City Sidewalks outlining the City’s regulations and requirements for retail use of City sidewalks. 

Application Requirements

Completed Application/Agreement - Download Retail Encroachment application form the Development Services Application Forms webpage

Indemnity and Insurance - Business owners will be required to purchase and maintain a policy of public liability insurance in the amount of at least two million dollars, insuring the business and naming the City of Revelstoke as additionally insured in respect of claims for personal injury and death that is directly or indirectly caused by or because of the placement of an encroachment under this application.

Detailed Drawings/ Site Plan - Diagram(s) must be provided including the width of the sidewalk and the items to be placed, their dimensions, the store front and the item to be displayed. Items must be placed along the business owner’s lot frontage and conform to the following sizes:

Retail Table - 24" x 30" or 42" diameter

Display Rack - 2’ x 6’ or 40" x 40"

Sandwich Board Signage - Maximum 24" width and 36" height

Detailed drawings or pictures - Diagram(s) must be provided including the width of the sidewalk including the items to be placed, their dimensions, the store front and the item to be displayed.

Photograph – Photograph(s) must be provided showing that the items to be placed are in good condition and appearance.

Dining Encroachments 

A business may encroach on City property with an outdoor patio for the purpose of providing outdoor eating areas, once an Encroachment Agreement is signed and Permit is issued by the Development Services Department.

A business must obtain the necessary licensing from the Ministry of Health and other regulatory agencies for the specific activity including the Liquor Control & Licensing Branch as needed. If the restaurant is licensed to serve liquor, the business may be required to apply for additional liquor licensing as needed. Licensed restaurants will also need to have their outdoor eating area or patio fenced.

                       2020 Temporary Expanded Service Area Authorization – Response to COVID-19

 The City has chosen the Liquor & Cannabis Regulation Branch (LCRB) Pre-Approval option for the temporary expansion to service areas for Food Primary, Liquor Primary, and Maufacter licensees (see Staff report presented to Council at the May 26, 2020 meeting). As long as the proposed patio extension meets the LCRB Temporary Expanded Service Area Authorization and the business applies for a Covid Temporary Extension Application through LCRB, the business will not be required to apply for a Liquor Extension Application with the City (this pre-approval expires Oct 31, 2020).

Outdoor seating area shall be limited to the maximum width of the business and shall not extend in front of an adjacent business except with the agreement of the adjacent business provided to the City in writing. Permits are limited to a temporary six-month period commencing on April 15th or earlier (only with approval from the City) and ending on October 15th of each year. All structures must be removed by the last week of October.

See Policy: DS-1 Outdoor Patios outlining the City’s regulations and requirements for dining use of City sidewalks and the road right-of-way. 

Application Requirements

Completed Application/Agreement – Download Dining Encroachment application form the Development Services Application Forms webpage.

Letter of intent - A letter of intent that provides an overview of the project and outlines the operating hours and days to which the outdoor seating area will be in operation.

Indemnity and Insurance - Business owners will be required to purchase and maintain a policy of public liability insurance in the amount of at least two million dollars, insuring the business and naming the City of Revelstoke as additionally insured in respect of claims for personal injury and death that is directly or indirectly caused by or because of the placement of an encroachment under this application.

Detailed Drawings - Scaled drawings of the proposed outdoor seating area that includes the location, number of tables and chairs on public sidewalks and parking stalls. If the patio is licensed (fenced) the drawings will also need to include access and location of gates and the style of fencing including flower baskets, planters and garbage containers if applicable.

Photograph/Pictures – Photograph(s) of the building, a picture of the tables chairs, umbrellas as well as the identification of the materials to be used in the construction of the outdoor seating area.

Design Criteria for Patios

Outdoor seating areas located within Development Permit Area B (Downtown Core) are to be designed in keeping with the Heritage Revitalization theme being promoted by the City. All outdoor seating areas shall be located so that a minimum of 1.5 metre (5 feet) walkway is maintained as an acceptable pedestrian thoroughfare.

See Policy: DS-1 Outdoor Patios outlining the City’s full design 

Patio
Mackenzie Ave