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Posted on: April 8, 2021

Brevard's New Sidewalk Ordinance

Downtown Brevard Sidewalk

City Council adopted a new sidewalk ordinance at its January 2021 meeting. This ordinance reflects lessons learned through allowing businesses to expand into the public space in response to COVID-19 capacity restrictions.

“COVID-19 made us realize just how important outdoor sidewalk space is to both our businesses and the public,” shared Councilwoman Maureen Copelof. “This new ordinance puts in place permanent solutions and clear guidance based on feedback and lessons learned from the temporary measures that we quickly implemented during the pandemic.  Our goal with this ordinance is to help businesses continue to effectively and safely maximize the use of our sidewalk space.” 

The ordinance greatly expands the ability for businesses to use the public space when their building touches the sidewalk. In particular, the new ordinance:

  • Allows merchants to use the brick portion of the sidewalk in addition to the previously allowed use of the two to three feet of space of the sidewalk adjacent to the building.
  • Allows merchants to place merchandise and displays in the areas mentioned above without a permit as long as the items are brought inside when the business is closed.
  • Allows merchants to put objects and items on the sidewalks that remain on the sidewalks after business hours with a permit. The City grandfathered in any items such as seating, planters, and decorative objects that existed on the sidewalks prior to February 2021.
  • Allows sidewalk dining areas with an annual permit. The permits are valid from February 1 to January 31 each year.

For more information about the specific requirements and application processes, please register to attend a virtual information session on April 26, 2021 from noon – 1:00pm or 4:00pm – 5:00pm at https://form.jotform.com/heartofbrevard/sidewalkordinance. The City has also set up a webpage with supplemental information at https://www.cityofbrevard.com/sidewalks.  

The specially-issued COVID-19 Use Permits will remain in effect until the State of Emergency is lifted. After that point, merchants who wish to use the public sidewalk space will need to comply with the new ordinance.

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