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Lower Merion, PA Special Events & Permits: Sidewalk Dining & Cafés (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Permit issuer
Building and Planning Department
Zoning requirement
First floor, commercial district only
Curb setback
At least 2 feet from curb
Residential buffer hours
7:30 a.m. to 10:00 p.m.
Removal notice
2 days written notice, licensee pays
Penalty
$50 to $1,000 fine per offense

Summary

Restaurants in Lower Merion Township that want to seat customers on the sidewalk must get a Building and Planning Department permit to place tables in the public right-of-way under § 90-6.1.C. The permit only issues to first-floor establishments in a commercial district and comes with strict placement, insurance and removal conditions.

A licensed eating and drinking place may locate outdoor dining within the public right-of-way upon securing a permit from the Building and Planning Department, subject to the following regulations: (1) The licensed facility must be located in a commercial zoning district, on the first floor of a building, and have frontage along the public right-of-way for the full width of the outdoor dining area. ... (13) Enhancements shall be placed no closer than two feet to the curb.

Full Breakdown

Section 90-6.1 of the Health Code, added in 1996 and amended in 2005, governs outdoor dining in three tiers. Subsection A lets a licensed eating and drinking place or food store add take-out consumption seating outside without table service, capped at 12 indoor seats and 20 total seats for a food store. Subsection B lets a full-service restaurant add table-side outdoor service on its own property, subject to Board of Health rules, a required hose bib or equivalent cleaning method, a ban on outdoor food preparation and buffets, and, where the seating abuts a residential district, a twenty-foot planted buffer and hours limited to 7:30 a.m. to 10:00 p.m.

Subsection C covers dining placed in the public right-of-way itself, the true sidewalk cafe: the establishment must sit on the first floor of a building in a commercial zoning district with frontage the full width of the dining area, and it needs a permit from the Building and Planning Department. Enhancements must stay at least two feet from the curb, five feet from fire hydrants and meter boxes, two feet from sewer cleanouts, and clear of 25-foot visibility triangles at intersecting sidewalks; furniture must be stored indoors outside business hours and removed within two days of a Township notice at the licensee's expense, backed by liability insurance naming the Township as an additional insured.

Cancellation of that insurance immediately voids the permit, and a license addendum under Subsection A can be withdrawn for repeat health code violations or uncollected trash.

Violations & Fines

Placing tables or an outdoor dining enhancement in the right-of-way without the Building and Planning Department permit, or violating any of the § 90-6.1.C placement conditions, is a Health Code violation subject to the general penalty at § 90-54: a fine of $50 to $1,000 per offense, with continuing noncompliance punishable as a new offense each day. The Township can also order enhancements removed within two days of written notice and bill the licensee for the removal cost, filing a municipal lien if unpaid.

Frequently Asked Questions

Do restaurants need a permit for sidewalk dining in Lower Merion Township?
Yes. Section 90-6.1.C requires a permit from the Building and Planning Department before any licensed eating and drinking place places tables in the public right-of-way, and the restaurant must be on the first floor of a building in a commercial zoning district with frontage matching the dining area's width.
How close to the curb can outdoor dining furniture sit?
No closer than two feet, per § 90-6.1.C(13). Furniture also must stay at least five feet from fire hydrants and meter boxes, two feet from sewer cleanouts, and out of the 25-foot visibility triangle at intersecting sidewalks and the ten-foot triangle at driveways.
Can the Township force a restaurant to remove sidewalk dining furniture?
Yes. Under § 90-6.1.C(4), the Township can order enhancements in the right-of-way removed or relocated on two days' written notice at no cost to the Township; if the licensee fails to comply, the Township can do the work itself and bill the property owner or file a lien.

Sources & Official References

Other rules in Lower Merion

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