Lower Merion, PA Special Events & Permits: Sidewalk Dining & Cafés (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?
How close to the curb can outdoor dining furniture sit?
Can the Township force a restaurant to remove sidewalk dining furniture?
Sources & Official References
Other rules in Lower Merion
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