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APRIL 1995
<br />
<br />AMERICAN
<br />PLANNING
<br />ASSOCIATION
<br />
<br />Regulating
<br />Outdoor Sales
<br />
<br />By Dan Biver
<br />
<br />From the days of ancient marke~laces to today's outdoor cafes,
<br />outdoor dining and shopping h~ always been a popular warm
<br />weather activity. Zoning for pres~nt-day outdoor businesses
<br />continues to be a challenge for p~anners, but many communities
<br />across the country have been setting examples others might
<br />want to follow. This issue of Zo4ing News examines the
<br />regulation of temporary outdoors]sales, such as restaurants and
<br />sidewalk displays.
<br /> Because the full range of actiVities covered by ordinances
<br />regulating outdoor sales is very b~road, it is easier to focus on
<br />these two common examples. T~ larger umbrella of regulated
<br />outdoor businesses, however, can[ include carnivals, sales of
<br />seasonal fruits and vegetables, art~ and craft shows and exhibits,
<br /> · ~
<br />fund-raising activities, parking lR sales, and seasonal sales such
<br />as Christmas tree lots. ~
<br /> The oty of Plymouth, MmneJ~ora, d~wdes th~s variety into
<br />four categories: outdoor sales act~ities (sidewalk sales, inventory
<br />reduction/liquidation sales, distreJssed or seasonal merchandise
<br />sales); outdoor promotional evenis (carnivals, craft shows, flea
<br />markets, mechanical or animal ri{Jes, and the display of products
<br />not sold or served on the propert-j0; transient merchant/
<br />transient produce merchant (selli,hg goods, wares, and
<br />merchandise where it is allowed lj, y zoning/selling produce on
<br />property other than where the produce is grown); and industrial
<br />
<br />retail activities (warehouse sales, expositions). Despite this wide
<br />array, all these types of sales entail many of the same basic
<br />concerns regarding sanitation, maintenance, insurance, and the
<br />obstruction of pedestrian traffic.
<br />
<br />Outdoor Restaurants
<br />The town of Whiting, Indiana, bordered by Lake Michigan to
<br />the north, Chicago to the northwest, and Gary, Indiana, to the
<br />east, has set out to encourage outdoor sidewalk restaurants. The
<br />standards and conditions approved last July by the Whiting
<br />Board of Public Works and Safety establish clear goals for the
<br />eating and drinking establishments that wish to move part of
<br />their business outdoors.
<br /> Definition. Whiting defines an outdoor sidewalk cafe as "any
<br />portion of food establishment or eating or drinking place
<br />located on a public sidewalk or public open-space that provides
<br />waiter or waitress service and is unenclosed," and is not used for
<br />other purposes. The cafe is to be open to the sky "with the
<br />exception that it may have a retractable awning or umbrella and
<br />may contain furniture including tables, chairs, railings, planters,
<br />etc. which are readily moveable."
<br /> Location and safety. New York City's ordinance covers three
<br />important points in regulating the location of sidewalk restau-
<br />rants. The first is the need for safety in avoiding the obstruction
<br />of exits and entrances for people in adjoining buildings.
<br />Likewise, fire escapes, drop ladders, and cellar or basement exits
<br />must not obstruct pedestrian traffic. Lastly, the cafes should not
<br />obstruct access to the restaurant's building from the sidewalk·
<br /> Because of the city's extensive application requirements,
<br />obtaining authorization for an outdoor cafe in New York can
<br /> take up to a year and a half. Approval comes not
<br /> only from city hall, but also from community
<br /> boards and, in historic districts, from the
<br /> Landmarks Preservation Commission. Many other
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