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Temporary Use of Right-of-Way

Obtain your Temporary Use permit from the City to place an obstruction on or over any City right-of-way, property, or dedicated right-of-way on any recorded plat. Applications for such permits shall be made to the Public Works Department, Division of Transportation.

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Requirements

What Are The Requirements?

  1. If applying to use an alley or unopened right-of-way, complete the “Temporary Use of the Right-of-Way - Alley” application, notification of adjacent properties is required. The applicant must contact all property owners or tenants of the properties adjacent to the right-of-way to be used. 

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Properties to be contacted, if public access will be maintained

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Property owners that must approve of use, if public access will not be maintained
  1. For all other uses of the right-of-way, complete the “Temporary Use of the Right-of-Way - General” application. 

Temporary Use permits are generally not allowed for use or alterations of the right-of-way that will limit or prevent public access to the right-of-way. They may be considered if the applicant provides the written consent of property owners for all properties adjacent to the entire length of the right-of-way. Property owners must acknowledge that they approve of the request and have no present interest in the right-of-way.

Please Note: Future conflicting interest from a neighboring property owner may be cause for revocation of the temporary use permit.

 

How Do I Apply?

2

Include In Your Application

  • Original, signed form
  • Processing fee payment
  • Confirmation of public notification (if required)
  • Map and/or site plan showing locations of the requested rights-of-way
  • All relevant design drawings that depict the locations of the proposed work. Please include dimensions and elevations detailing any objects and their sizes, as well as their proximity to other nearby features such as back of curb, tree wells, street lights, etc. 
3

Submit the appropriate application and materials to:

Development Resource Center 
1250 Market Street, Suite 3030 
Chattanooga, TN 37402
4

What is the cost?

Processing fee: $110.00 

Please make your payment by check payable to the City of Chattanooga.

Process Details

Approval Process / Evaluation

The Division of Transportation initiates the review process based on commonly requested Temporary Uses and the materials typically required to streamline and complete the process efficiently. 

TEMPORARY USE

SITE PLAN

ELEVATIONS

DETAILS

OTHER

Removable Building Projections:

Canopies, Signs, etc.

 

Sidewalk Cafe /  Outside Dining

 

 

Landscape Enhancements, Irrigation Systems, or General Beautification

 

 

Proposed materials, specifications

Sculptures

 

 

Banners

 

 

Alleyways and Unopened Rights-of-Way:

 Improvements for Public Access

 

 

Site photos, other information

Note: New construction within the right-of-way, such as building footings, retaining walls, fire escapes, balconies, stormwater facilities, grease traps, or similar uses, are generally not appropriate features to include under a Temporary Use. Please contact the Department prior to submitting application materials for those uses to determine if a Temporary Use or other permit is appropriate.

  • If approved, the City will contact the applicant in writing with the approved permit and all conditions required by the Division.

Processing Time

Processing applications is typically completed within 6 weeks from when the Division of Transportation receives the application.

FAQ

Who is the agent, applicant and property owner?

The applicant is the person submitting the paperwork for approval to the Division of Transportation and the property owner is the person that owns the property that will host the temporary use (i.e., building face that an awning or sign will attach). When the property owner is not applying for a permit directly, the property owner documents permission to the applicant (“agent”) to apply for the permit. The applicant and agent are the same person when a permit is not submitted by a property owner. The applicant and property owner are the same person when the property owner submits a permit for temporary use. 

What is required for submission?

Generally, the applicant needs to communicate and describe the location of the right-of-way to be used and the proposed use (i.e. location of the temporary use and what are you doing). The applicant should include any special conditions (alley shared among neighbors, substantial changes in elevation, etc.) so the Division of Transportation staff reviewing the application is familiar with the context of the public space.

I would like to improve an unopened alley or right-of-way for secondary access to my property. Is anything beyond a map, site plan and photos required?

Yes, adjacent properties must be notified. See page two of the “Temporary Use of the Right of Way” Instructions and page three of the “Temporary Use of the Right-of-Way - Alley” application.

May I obtain a temporary use permit to utilize an unopened alley or right-of-way for primary access to my property?

This would not be an appropriate use of the temporary use permit. Temporary use permits may be granted to permit the improvement for public access of unopened alleys and rights-of-way for secondary access to properties, however primary access must be gained from a public or private roadway.

May I obtain a temporary use permit for installing neighborhood or civic event banners?

Yes. Please refer to the Division of Transportation banner policy. Banners shall be attached only to traffic signal poles or wooden utility poles with permission from the utility. Banners shall not be installed on street light poles.

Can Temporary Use Permits be revoked? If yes, how?

Yes, temporary use permits can be revoked if future conflicting interest in the right-of-way arises or conditions of the permit approval are not met. As stated on the application, the Temporary User shall vacate the property and temporary use upon thirty (30) days notice from the City to do so. The Temporary User shall restore the property to substantially the same condition that existed.

Contact Us

Call
(423) 643-5950 (423) 643-5950
Development Resource CenterContact
(423) 643-6368 (423) 643-6368