23.243 An Order Temporarily Suspending the Effect of Certain Ordinances to Support Renewed Economic Recovery_POST 2nd RDGCity of Northampton
MASSACHUSETTS
In City Council, February 2, 2023
Upon the recommendation of Mayor Gina-Louise Sciarra
23.243 AN ORDER TEMPORARILY SUSPENDING THE EFFECT OF CERTAIN ORDINANCES IN RESPONSE TO EFFORTS TO SUPPORT RENEWED ECONOMIC RECOVERY
Ordered, that
WHEREAS, the City of Northampton and the business community is still working to recover from the effects and changes due to the COVID-19 pandemic (“the pandemic”); and
WHEREAS, while outdoor dining, entertainment and programming have been successful and patrons of Northampton establishments continue to call for safe and enjoyable outdoor venues to
enjoy our downtown and businesses; and
WHEREAS, it is not prudent to codify outdoor dining rules and regulations prior to the Main Street redesign which will be under construction in two years time and will create more permanent
outdoor dining space; and
WHEREAS, in order to facilitate the continued survival of our downtown businesses, assist those reluctant to eat indoors, and continue to enjoy the additional outdoor dining space created
in the last two years, restaurants in certain zones of the city, the Central Business Districts and Florence Village Districts, again need to include contiguous and non-contiguous
outdoor areas, including some within public ways and some on other property of the city; and
WHEREAS, the city council finds that again encouraging, promoting and facilitating the vitality of businesses and restaurants by temporarily allowing certain activities to take place
within public ways and on other public property in the Central Business Districts and Florence Village Districts that would not otherwise be allowed absent this order will greatly
facilitate continued economic recovery.
NOW, THEREFORE, the Northampton City Council orders as follows:
Notwithstanding any Order of the city council to the contrary, within the Central Business and Florence Village Districts , the City Council hereby authorizes the change of use of any
property within the public way or on other city property (“city property”) to outdoor restaurant table service seating (“the outdoor table service areas”).
The Mayor shall, in her discretion, designate the locations of outdoor table service areas, may enter into such licenses, easements, agreements, and other instruments as she deems necessary,
may designate rules and regulations for the use of the outdoor table service areas, and may take such other action as she deems necessary to effectuate this Order.
With regard to the outdoor table service areas and ancillary areas within the adjacent zones, § 120-1; § 285-5; § 285-8; § 285-11; § 285-29 and c. 303, are hereby suspended to the extent
necessary, in the Mayor’s discretion, in order to effectuate the intent of this Order:
Notwithstanding the Schedules set forth in Article XII, parking spaces in the zones may be re-designated as outdoor table service areas, at the Mayor’s discretion, and the Mayor may
designate other areas within the public way as parking in lieu of spaces re-designated as outdoor table service areas.
Notwithstanding the foregoing enumeration of ordinances, the intent of this Order is to suspend temporarily, to the extent necessary, those ordinances that would inhibit, interfere with,
or prohibit the conversion of city property within the zones to outdoor table service areas.
This Order shall lapse on November 15, 2023, without further action by the city council. Thereupon, all ordinances suspended in whole or in part hereunder shall revert to their full
force and effect immediately preceding this Order.