Agenda - Planning Commission - 06/06/1995

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trian and automobile traffic. Some city codes prohibit tempo- rary sales on unpaved landscaped areas. The use of power generation is often strictly regulated for both safety consider- ations and in regard to noise levels. The maximum space that may be used for outdoor sales is also an issue. It can be mea- sured in square feet or as a percentage of the existing business area. Daytona, Florida, uses a combination of both, staring that "the display area shall not be greater than 10 percent of the lot or parcel and not greater than 500 square feet." Ordinances commonly restrict the frequency of outdoor sale~. Salinas, California, allows for a "maximum of four continuous days six times each calendar year." Plymouth, Minnesota, on the other hand, allows "no more than 10 sales activities per year per property." Signs. Advertising in and around the sites of outdoor sales also has received considerable attention. "A-frame" or "sandwich board" signs have aroused controversy in some communities even apart from their use for outdoor sales, but the fear of lawsuits is often overridden by the power of long- standing tradition. The size and amount of such ads are regulated: in Stratford, Ontario, the ordinance delineates signs' measurement in feet, controls their shape ("A-frame/ inverted vees"), and requires that they be kept in good repair. It also permits just "one sign per business and/or building." Location. Communities also typically address basic concerns over merchandising on public rights-of-way. Bethany, Oklahoma, specifies that the "goods shall not be in places closer than six feet from the curb or, where there is no curb, six feet from the paved edge of the shoulder," and that "no open display shall occupy the sight triangle at a corner." Temporary shelters such as roofs or canopies are often permitted for sidewalk sales, but setback requirements for the principal building generally aim to prevent infringement on a public right-of-way or on an easement open to public travel. Some writers on the urban scene have noted that no space is more valuable than downtown sidewalks, and every city is concerned about its economic vitality. For businesses, the bottom line is the facilitation of activity and increased pedes- trian traffic. Some downtown areas have successfully used outdoor sales as the focus of special attractions such as noon- time performances on plazas and malls. General Concerns The oversight of outdoor cafes and sidewalk sales involves the usual concerns over public health and safety. The roadside hot dog joint is an American tradition, but in many towns the oversight of outdoor sales activities involves more than the simple desire to prevent the abuse of city sidewalks. The quality and attractiveness of a commercial district can be won or lost through the regulation of such activities. Because of the nature of outdoor business, aesthetic considerations receive much attention in city codes. The same interest that underlies permitting the operation of outdoor cafes, for example, typically involves a serious interest in the appearance of the community as well. An appealing community image is as much an integral part of the atmosphere for a restaurant's outdoor activities as the appropriateness of its inner decor.