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Friday, April 24, 2015

City Implements New Outdoor Dining Regulations

Portland, Maine - The City of Portland recently implemented new outdoor dining permit regulations after a year-long review process that involved outreach with restaurateurs who currently hold outdoor dining permits and advocates from the City’s Disability Advisory Committee. The new regulations are the result of the City’s effort to balance the benefits of outdoor dining to residents, city vibrancy, and restaurateurs, with concerns about keeping the sidewalks as public spaces with full accessibility. The Planning & Urban Development Department worked on the revisions, which falls into three main categories: clarification of the application process, clarification and elaboration of existing regulations, and the implementation of the new regulations.

The revised regulations are intended to resolve past conflicts regarding the use of the public right-of-
way, including the need to maintain safe and direct public access through a site; issues with historic preservation and alterations to the exterior of buildings; and the desire to support outdoor dining as part of an active City. The new regulations clarify what area of the sidewalk must be kept clear and under what circumstances restaurants can make permanent alterations as part of outdoor dining. They also provide restaurants with some options should they not be able to get outdoor dining to work under these conditions.

“We’re trying to best balance the need to maintain public accessible sidewalks with our desire to have an active street cafe culture,” said Caitlin Cameron, Urban Designer for the City. “We think these new regulations helps achieve that by providing clarity and consistency.”

Specifically, the new regulations include:
-          Clarification of application process
o   Revisions to the permit application form
o   Clear description of submission materials required
o   Reminder that a liquor license requires Council approval prior to granting Outdoor Dining permit
o   Addition of application deadline – June 1st
o   Allowing for petition for special circumstances
-          Clarification and elaboration of existing regulation
o   Clear numerical conditions for clear passage and outdoor dining installation dimensions
o   Clarification on outdoor dining components that are allowed and those that would require a building permit (awnings, platforms, etc.)
o   Reminder of additional regulations that apply (ADA, Fire Safety, Historic Districts, Chapter 25)
-           New regulations
o   Establishing a permitted outdoor dining period which corresponds to the sidewalk vendor timeline: April 1 to November 15
o   Restricting outdoor dining to sidewalks of 8 feet or wider
o   Barrier requirements added

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