To support Asheville's community and enable social distancing and safe public access to businesses and services, the City of Asheville is extending the AVL Shares Space temporary outdoor expansion program deadline into 2021 for the duration of the Local State of NC Emergency issued by Buncombe County and the City of Asheville. Once the Local State of Emergency has been lifted, participating establishments will have 30 days to restore to pre-expansion conditions.

Businesses and organizations that plan to incorporate winter weather accomodations into a temporary AVL Shares Space location should complete this online application to obtain authorization or extend their current authorization for:

• A private parking lot, landscape area and walkway
• Adjacent public sidewalk
• Adjacent on-street parking spaces ("parklet")
• Public spaces along a designated pedestrian priority zone ("Shared Street")

Once you submit your request, the City of Asheville will review it for safety and follow up with you by email with authorization. Please allow five business days for review and ensure that your contact email address and phone number are correct on this form.

Authorized program participants who do not incorporate winter accomodations - like heaters, tents and vinyl patio sides - into temporarily a AVL Shares Space location do not need to submit this winter authorization application. Original AVL Shares Space program authorization and associated permits will automatically extend provided that participants continue to adhere to all program guidelines and outdoor spaces reflect the original submitted site plan. 

Authorized program participants must continue to follow all State and County guidelines for health and occupancy while using temporary outdoor expansion space. Expanded outdoor space does not allow for increased occupancy.

City authorization is subject to evolving public health and safety guidance. The City may necessarily amend, delay or revoke authorization at any time.

City staff are available to answer questions and provide consultation related to winterization by calling 828-259-5967 or emailing buildingsafety@ashevillenc.gov. 

In addition, frequently asked questions (FAQs) are provided at on pages 5-8 of the Winter Guidelines below. 

Before proceeding, please review the Winter Guidelines below. Use the download button in the top right corner of the .PDF document window to download a copy for future reference.

The following question is optional; answers will be used to identify applications for expedited review and better understand how temporary outdoor extension programs are serving Asheville's BIPOC community:

I. Upload a site plan showing proposed changes to the space. The site plan maybe as simple as a marked-up map or photograph, but should generally be to scale and show the following (as applicable):

• Location and general dimensions of the building facade, sidewalk, landscape area, road and parking area
• Location of business entrance and exit
• Ramps, wheel stops and required buffer areas
• Width of the sidewalk and 6'+ pedestrian clear zone
• All existing sidewalk fixtures including street trees, lamp posts,
  benches, bike racks, cross walk signals and bus stops
• All tables, chairs and other furniture
• Distance in feet between seating
• Proposed location of temporary heaters, power cords/cable
  protectors, outdoor GFCI power outlets, power assembly box, lighting equipment and authorized/proposed tents/canopies/sunshades
• Distance in feet between heating unit and nearest elements

Note 1: see Winter Guidelines page 9 for sample site plan.

Note 2: if your business is on a "Shared Street" (Banks, Buxton, Wall Street, Eagle, Church or S. Market Street), please review the appropriate guidelines below when developing your site plan: 

• Guidelines for temporarily using the public sidewalk
• Guidelines for temporarily using on-street parking spaces ("parklet")

II. For use of public sidewalk, parklet or Shared Street space, upload an updated certificate of insurance (COI) below that extends coverage to January 3, 2021. 

III. Upload heating unit(s) safety manual that details:

• Make and model
• Commercial grade; designed for outdoor use
• UL listed and approved (or listed with a similar qualified testing
  laboratory) 
• Voltage
• Installation instructions
• Operation and maintenance instructions

Use the form below to apply for a Temporary Use permit to set up any of the following in a private parking lot, parklet and shared street space:

• Any "igloo" structure (see Winter Guidelines for additional information)
• More than one commercial-grade tent and canopy; and/or
• A tent or canopy larger than 400 sq ft; and/or
• A tent of any size with sides
• Addition of vinyl sides to an existing tent or patio space

Tents, canopies and "igloos" are not permitted in any circumstance on public sidewalks.

Authorized program participants do not require a Temporary Use permit to set up one single commercial tent or canopy that is up to 400 sq ft with no tent sides in a private parking lot, provided that it is set up in accordance with the space's guidelines.

Fees for acquiring a Temporary Use permit related to tents and tent sides are waived through Dec. 31, 2020.

This temporary use permit application will be processed separately from your Winter Reauthorization application. After your submission is complete, Development Services Department (DSD) staff will be in touch with you by email regarding next steps.

If you are not ready to apply for these permits today, you can access permit applications and instructions for applying on DSD's Commercial Permits webpage.   

If you have questions, please contact the Permit Application Center (PAC) at pac@ashevillenc.gov or 828-259-5846 on Monday-Friday from 8:30 am - 5:00 pm (closed public holidays).

Follow these steps to prepare your permit application(s):

1. Download the Temporary Use permit  application. 
2. Complete the form as you normally would, then print and sign.
3. Use a scanner or your mobile device to create a .PDF file of your form(s). Note: To convert a cell phone photo into a .PDF document, use the Adobe Scan app or IlovePDF service online .
4. Upload the scanned application below. Remember to sign the form and save it in .PDF format.
5. Upload the tent/canopy/igloo's User Safety Manual or other documentation that includes the unit's fire rating, flame resistance and structural diagram

By submitting this application, the temporary outdoor expansion applicant (“Applicant”) acknowledges that any accommodations granted by the City are temporary in nature and may be amended or rescinded by the City at any time.

The Applicant acknowledges that the granting of temporary business accommodations shall not be construed to create any permanent vested rights in favor of the applicant.

The Applicant understands that the City may place additional restrictions and conditions on individual requests. City staff will directly communicate restrictions and conditions for granted requests to each applicant.

INSURANCE
The Applicant agrees to keep and maintain for the duration of the accommodation including but not limited to commercial general liability insurance. The Applicant shall furnish the City with a certificate of insurance listing the City of Asheville, PO Box 7148, Asheville, NC 28802, as certificate holder and an additional insured under the Applicant’s general liability policy.  

In the event of bodily injury and/or property damage caused by the Applicant’s negligent acts or omissions in connection with Contractor’s services performed under this Agreement, the Applicant’s liability insurance shall be primary with respect to any other insurance which may be available to the City, regardless of how the “Other Insurance” provisions may read.

INDEMNIFICATION
The Applicant shall indemnify and hold harmless the City of Asheville and its subsidiaries, divisions, officers, directors and employees from all liabilities, losses, costs, claims, damages, expenses, attorney fees, judgments and awards that are proximately caused by the negligent acts or omissions of the Applicant or any employee, agent or assign of the Applicant.  
 
The Applicant shall comply with the provisions of the Americans with Disabilities Act (ADA) and all rules and regulations promulgated thereunder. The Applicant hereby agrees to indemnify the City of Asheville from and against all claims, suits, damages, costs, losses and expenses in any manner arising out of or connected with the failure of the Applicant, its subcontractors, agents, successors, assigns, officers or employees to comply with provisions of the ADA or the rules and regulations promulgated thereunder.
 
Nothing herein shall be construed as a waiver on the part of the City of Asheville to any defense of any claim, including, but not limited to the defense of governmental immunity.

AUTHORIZATION REVOCATION

Failure to adhere to stated guidelines on the use of portable heaters may result in the immediate revocation of any authorization issued for use of temporary outdoor expansion spaces. Authorized program participants are advised to ensure that all members of their staff are familiar with the guidelines for the use of portable heaters, as ignorance of the guidelines will not be accepted as a defense to violations. The City reserves the right to terminate program authorization for violations of the rules surrounding portable heaters without any advance notice to the permit holder.