Kingsport, TN Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Division 2 of Chapter 90 in the Kingsport Code of Ordinances, enacted by the Board of Mayor and Aldermen as Ord. No. 5810 on 2-17-2009, is the city's permit path for private use of the public right-of-way. A sidewalk cafe dining facility, as Section 90-74 defines it, means placing chairs and tables on the public right-of-way or property such as sidewalks, adjacent to a street level business licensed to operate as an eating establishment. Sidewalk vendors are not permitted to establish one. Section 90-98 requires a permit from the department of public works and makes permits available only for locations in the downtown business area, which Section 90-74 bounds by Main Street on the south, Clinchfield Street on the west, Sullivan Street on the north, and the intersection of Sullivan and Main Streets on the east. The applicant files an application as the department requires and pays a nonrefundable application fee.

Section 90-99 sets a one-year term, renewable annually, and the permit must be posted on the premises. Renewal applications are due at least 30 days before expiration, with a nonrefundable fee set by the Board of Mayor and Aldermen (Section 90-102). If the applicant does not own the abutting property, the owner's written approval is required, and both are responsible for damage to the right-of-way (Section 90-100). Each application needs a plan showing all proposed activities and items on the right-of-way, and anything not specifically included is excluded (Section 90-103). Proof of insurance in an amount of not less than $1,000,000.00 must accompany the application, along with an indemnification of the city (Section 90-104). The permit is personal to the holder and not transferable (Section 90-106).

The city keeps control after issuing the permit. The director of public works can cancel or suspend it immediately for any reason and at any time (Section 90-105) and can order temporary removal for repairs (Section 90-129). Rules on the ground include a barrier not less than 40 inches high (Section 90-126), six feet of clear sidewalk (Section 90-127), and no stakes, rods, support poles or holes, and no permanent fixtures, in the right-of-way (Section 90-131). Separately, Section 62-50(e)(4) exempts items under a special-event permit from the community services division, for the time set out in the permit, with inspection by the fire marshal.