Yellowstone County, MT Special Events & Permits: Sidewalk Dining & Cafés (2026)
Key Facts
- Section
- Zoning Code § 27-1009.P.2
- Pedestrian path
- 4 ft minimum clear width required
- Setback
- 5 ft from driveways/alleys, 10 ft from intersections
- Walls
- not allowed except to legally serve alcohol
- Extra permit
- encroachment permit may be required
Summary
Restaurants in unincorporated Yellowstone County may add sidewalk seating only under the physical conditions in Section 27-1009.P.2 of the Zoning Code: contiguous to the restaurant, open to the air, a four-foot clear pedestrian path, and set-back distances from driveways, alleys, and intersections.
2. Public sidewalk seating may be permitted in compliance with the following conditions:
(a) The area of occupancy must be abutting and contiguous to the restaurant in which food preparation, sanitation and related services for the sidewalk cafe will be performed.
(b) Sidewalk seating may not be enclosed by fixed walls, unless such walls are necessary to comply with requirements to serve alcohol, and shall be open to the air, except that it may have a canopy.
(c) There shall be a minimum width of four feet of clear, unimpeded sidewalk remaining for pedestrians between the curb and the area of sidewalk seating.
(d) The sidewalk seating shall be located a minimum of five feet from driveway and alleys, and ten feet from intersections.
( ... g) An encroachment permit may be required, as provided for in the Yellowstone County Road Policies.
Full Breakdown
P, Outdoor and Sidewalk Seating, part of Article 27-1000's accessory-use standards for unincorporated Yellowstone County. 1 lets an eating or drinking establishment add accessory outdoor seating, including rooftop seating, but the area cannot occupy required landscaping, required parking spaces, or parking-access aisles; if the outdoor seating exceeds 25 percent of the indoor floor area, that excess counts toward the site's required off-street parking and loading calculation; and the hours of the outdoor seating must match the hours of the indoor use. 2 adds separate conditions specifically for seating placed on a public sidewalk: the seating must be abutting and contiguous to the restaurant performing the food preparation and sanitation; it cannot be enclosed by fixed walls unless walls are needed to legally serve alcohol, and must otherwise stay open to the air, though a canopy is allowed; at least four feet of clear, unimpeded sidewalk must remain for pedestrians between the curb and the seating; the seating must sit at least five feet from any driveway or alley and ten feet from any intersection; and the curbs, alleys, sidewalks and rights-of-way around the seating must be kept clean and orderly. 2(g) notes an encroachment permit may also be required under the county's separate Road Policies.
Violations & Fines
Sidewalk seating placed without meeting these standards, or without a required encroachment permit, is enforceable as a Zoning Code violation under Article 27-1700. Section 27-1704.G makes a violation a misdemeanor carrying a fine up to the state statutory limit, up to six months in jail, or both, plus costs, with each day of noncompliance a separate offense; the Zoning Coordinator can order an unpermitted seating area removed under Section 27-1704.E.
Frequently Asked Questions
Can a restaurant in unincorporated Yellowstone County put tables on the public sidewalk?
Can the sidewalk seating area be walled in?
Do I need a separate permit to use the sidewalk for seating?
Sources & Official References
Other rules in Yellowstone County
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