Terms and Conditions:
The permitted use of sidewalks pursuant to Section 18-7 of the Winchester Zoning Ordinance shall be considered a license and
privilege that is authorized at the discretion of the City and shall not in any way be deemed to constitute a transfer of any property
rights whatsoever from the City. The City reserves the right to reject or rescind any permit authorized in accordance with the
provisions of Section 18-7 of the Winchester Zoning Ordinance.
The applicant for any such permit shall provide a Certificate of Insurance, which shall be currently maintained throughout
the term of the permit, indicating that the City is an additional insured on a policy of liability insurance issued to the
applicant by an insurance company licensed to do business in Virginia with a single limit of not less than $1,000,000.
Any person or entity that has been issued a permit pursuant to Section 18-7 of the Winchester Zoning Ordinance
(hereinafter “Permittee”) shall immediately notify the City of Winchester Facility Maintenance Director and Risk Manager of
all damage to property for which a permit has been issued pursuant to Section 18-7, including but not limited to: damages
to utilities, finished surfaces, and trees.
It shall be the responsibility of the Permittee to make all arrangements for delivery, unloading, receiving, and storing of
materials to be placed inside the lessor’s building. No shipments, goods, or products shall be stored in the areas for which a
permit has been issued pursuant to Section 18-7 of the Zoning Ordinance. The City of Winchester will not assume any
responsibility.
The Permittee shall be responsible for ensuring that all matters concerning insurance claims by third parties arising as a
result of the acts and omissions of the lessor’s operations or his sub-contractors are handled in a professional manner. To
this end, the City expects the lessor to act responsibly with regard to prompt payment of valid insurance claims and upon
notice of a claim, the lessor shall immediately notify the City’s Risk Manager, investigate and document the claim, and make
a liability determination within ten (10) business days. Pending subrogation between the lessor and/or sub-contractor
and/or any insurance carrier will not be cause for delay in payment of a valid claim. Default of this provision may result in
default of this agreement and jeopardize the lessor’s future lease with the City of Winchester.
This permit, if approved, shall be non-transferable and, shall be valid from January 1 through December 31 of each year, or
for any part thereof except as otherwise revoked, rescinded or limited by the provisions of this Article. The application fee
will remain the same regardless of the date received, and the fee will not be refunded or prorated based on the date of the
application. Upon expiration or revocation of any such permit, the applicant must apply for a new permit to continue using
the sidewalk.
The Zoning Administrator may immediately revoke any permit specified in Section 18-7 of the Zoning Ordinance if it is
determined at the discretion of the Zoning Administrator that the conditions therein have not been met by the applicant. A
permit may also be immediately revoked or suspended if it is determined at the discretion of the Administrator that the
continued use of the space poses a threat to public health, safety, or welfare, or if such use is determined to be inconsistent
with the best interests of the City of Winchester.
The Administrator may immediately revoke any permit specified in Section 18-7 of the Zoning Ordinance if it is determined
that the permit holder is not maintaining compliance with all applicable laws and regulations related to the use of the
permitted space or if the permit holder fails to promptly respond to lawful requests by the Administrator related to the use
of the permitted space.
The use of the space described in Section 18-7 of the Zoning Ordinance may also be temporarily suspended for Special
Events. The City will make reasonable efforts to notify permit holders in advance so that all privately owned items including
but not limited to tables, chairs, and barricades may be removed by the permit holder prior to such Special Events. Upon a
permit holder’s failure to timely remove the items, such items may be removed in accordance with Section 18-7-2.2 of the
Winchester Zoning Ordinance.
As a condition of obtaining and keeping a permit for an outdoor dining area, the applicant is deemed to have agreed to the
following terms and conditions:
o All outdoor dining areas will be of such design so as to be easily removed for special events, snow removal,
emergency access, or other circumstances which require that the sidewalks be cleared of all such dining areas, as
determined by City Council or by the Chief of Police. A directive from the Chief of Police or the City Council to clear
the area of all furniture, fixtures, decorations, etc., connected with the café operation shall be promptly complied
with by the restaurant without question and without unnecessary delay, and the area shall remain cleared of such
material until directed otherwise by City Council or the Chief of Police.
o Upon failure of the permit holder to remove such items upon reasonable Notice, the City is authorized to remove
the items and require the permit holder to reimburse the City for the expense of such removal.
