Zoning For Temporary Land Uses

Zoning For Temporary Land Uses

How to Accomplish Your Community Development Goals While Preserving Your Community’s Character

Michigan Association of Planning Annual Conference • Kalamazoo, MISeptember 26, 2019

Presenters

Patrick Sloan, AICPPlanner, Canton Township

David StensaasCity Planner and Zoning Administrator, City of Marquette

2Zoning for Temporary Land Uses • 2019 MAP Annual Conference • Kalamazoo, MI

Introduction

• There’s something in this presentation for everyone• Urban, suburban, and rural applications and examples• Q&A (10-15 minutes)


Session Outline

1. What are Temporary Land Uses?2. Why Regulate Temporary Land Uses?3. Summary of 8 Common Temporary Land Uses We’ll Review4. 20 Common Regulatory Topics for Temporary Uses5. Temporary Land Use Technical Review Matrix6. Regulations for Specific Temporary Land Uses


What are Temporary Land Uses?

• Uses that are established for a fixed period of time because they are generally not appropriate on a long-term or continuous basis.

• Uses that are not principal uses, though some temporary uses are sometimes classified as accessory uses.

• For example, some outdoor dining areas and farmstands are bona fide accessory uses.

• Examples of temporary uses include garage sales, farmstands, sidewalk sales, seasonal sales, etc.


Why Regulate Temporary Land Uses?

• Start with this “why” question before adopting regulations because the answer(s) will be different depending on the use and the community.

• Think of each temporary land use individually, its context, and what element(s) of it should be regulated.

• What are some worst case scenarios to public safety, health, and welfare if the temporary land use is unregulated?


Why Regulate Temporary Land Uses?

• Reasonably allow land uses on a temporary basis that are not appropriate on a long-term/permanent basis.

• Maintain and promote public safety, health, and welfare for the use, the adjacent area, and greater community.

• Ensure compliance with ordinances (e.g., parking, noise, light, etc.).• Promote economic development and encourage the use of underused land.• Predictable outcomes for applicants and community (i.e., what you CAN and CAN’T do).

• Remember: Many zoning ordinances explicitly prohibit any use not specifically provided for in the zoning ordinance. Therefore, the absence of regulations can be a de facto prohibition.

• Applicants make long-term investments based on regulations, so the absence of regulations can create uncertainty that deters investment. Conversely, regulations that are clearly written and administered can encourage investment, especially if the regulations have a track record of success.


8 Common Temporary Uses We’ll Review

1. Garage Sales/Yard Sales2. Temporary Occupancy of Permanent Buildings3. Farmstands4. Seasonal Sales5. Sidewalk Sales6. Special Events7. Food Trucks (a.k.a., Mobile Food Vendors)8. Outdoor Dining


20 Common Regulatory Topics for Temporary Uses 1. Permit Requirement

• Is a permit required? Is a fee required to cover cost of permitting and inspections?

2. Reviewing Body• Who reviews and approves the permit? Is

a public hearing required?3. Permitted Operator

• Can only the property owner have the use? Can a lessee have the use?

4. Location(s) Permitted• Zoning Districts? Corridors? Right-of-way?

Other?5. Permitted Operations

• What is (and is not) permitted? Retail sales? Food/beverage consumption? Alcohol sales/consumption?

6. Maximum Duration• Maximum # days per year or month?

Maximum # of permits per year?7. Hours of Operation

• Limit use to certain hours?8. Parking and Circulation

• Will expected traffic warrant this?9. Pedestrian Access

• Think of safety, accessibility, and ADA.10. Size and Location of Structures

• Maximum size, minimum setback, allow portable structures, required fencing, etc.?

(continued)


11. Noise• Will the use comply with noise ordinance?

Are there exceptions to the ordinance?12. Sanitation

• Require garbage cans? Require portable toilets?

13. Lighting• Maximum along lot lines and right-of-way?

Minimum along pedestrian routes?14. Health Department Review

• Will food and/or beverage be served? Is Health Dept. approval required before a municipal permit is issued?

15. Fire Marshal Review• Review of emergency access plan,

occupancy, flammable and explosive materials, extinguishers, and Fire Code.

16. Police Department Review• Review of traffic plan, parking plan, security

plan, and any right-of-way use. Is traffic control or crowd management required?

17. Building Official Review• Review of Building Code, Electrical Code,

and other related codes.18. Legal Agreement

• Require owner/operator to sign an affidavit and/or indemnify municipality? Talk to your municipal attorney and insurance co.

19. Proof of Insurance• Require proof of insurance? Minimum

limits? Determine whether to name municipality as additional insured.

20. Performance Guarantee• Escrow to offset cost of municipality to

clean up, if necessary?

20 Common Regulatory Topics for Temporary Uses


• Sign regulations specific to a land use are content-based and could be subject to a legal challenge.

• E.g., “garage sale signs,” “farmstand signs,” “special event sign,” etc.

• Temporary use operators will want to place signage on-site (and possibly off-site) prior to and during the use.

• Review your ordinance to see what types of content-neutral signs could be permitted (e.g. “on-site commercial signs,” “off-site commercial signs,” “portable signs,” etc.)

• Consult your legal counsel on whether the existing or proposed sign regulations are defensible.

• Consider exempting signs that are not visible or legible from the road right-of-way and adjacent property.

We listed 20 regulatory topics, but what about signs?

Zoning for Temporary Land Uses • 2019 MAP Annual Conference • Kalamazoo, MI 11

• Review your zoning ordinance for definitions of land uses. Definitions should be easy to locate and clearly written.

• Some definitions include regulations within them (e.g., time limits, location requirements, setbacks, etc.). Generally, it’s best to have land use regulations separate from the definitions.

• Sources of definitions include:• Ordinances of other communities.

• “A Planner’s Dictionary.” APA Planning Advisory Service. PAS Report 521/522.

• 460 pages

• Definitions from ordinances throughout the nation

• Many terms have more than 1 example

• Regular dictionary

• Your zoning ordinance likely states that a dictionary may be used for undefined terms.

Definitions: Another Regulatory Component


Temporary Land Use Technical Review MatrixGarage Sales/

Yard SalesTemporary Occupancy of

Permanent Building FarmstandSeasonal

SalesSidewalk

SalesSpecial Events

Food Trucks

Outdoor Dining

Permit RequirementReviewing BodyPermitted OperatorLocation(s) PermittedPermitted OperationsMaximum DurationHours of OperationParking and Circulation PlanPedestrian Access PlanSize and Location of StructuresNoiseSanitationLightingHealth Department ReviewFire Marshal ReviewPolice Department ReviewBuilding Official ReviewLegal AgreementProof of InsurancePerformance Guarantee


Temporary Land Use Technical Review Matrix

• You can use this matrix as a guide for determining what temporary use regulations are right for the temporary uses in your community.

• If you have more temporary uses, add a column; if you have more regulatory topics, add a row.

• This matrix is not a substitute for ordinance text; rather, it is a tool for addressing topics and uses.

• Matrix is also a good internal tool to use if your ordinance allows administrative discretion for conditions of temporary land use approval.


1. Garage Sales/Yard SalesGarage Sales (Garden City – General Ordinance §112.60-

64 Summary)

Permit Requirement

Yes. $6 permit fee. Permit can be obtained online. Permit must be displayed at the sale location and be visible from the street.

Reviewing Body Permit issued by City ClerkPermitted Operator

Owner, tenant, or lessee of a residence or a charitable institution.

Location(s)Permitted

On the premises of applicant’s residence (except the front yard) or the premises of the charitable institution.

Permitted Operations

Sale of tangible personal property, whether new, used, secondhand, damaged, or discarded.

Maximum Duration

3 consecutive days. No more than 2 sales in a calendar year, plus 1 add’l permit allowed if applicant is moving.

Parking and Circulation Plan

N/A (sufficient on-street parking is available throughoutmost of the city)

Pedestrian Access Plan

N/A (City has an ordinance prohibiting blocking the sidewalks)

Legal Agreement

Applicant must sign an affidavit affirming that items sold are the sole property of the applicant.


1. Garage Sales/Yard Sales• Why we shouldn’t care about regulating them:

• In most cases, owners/lessees will operate on a small scale for 1-3 days with no problems.

• With more personal items now being sold online (Craigslist, Facebook, etc.), garage sales are becoming less common.

• Why we should care about regulating them:• Garage sales are a commercial use of residential

property, so they are not appropriate on a long-term basis.

• Prevent recurring secondhand sales, junk dealers, flea markets, blight, etc.

• The owner/lessee is inviting the public to the site, so safety of the public and impact on the neighborhood must be considered.

• If the regulations are minimal and reflect common sense, there shouldn’t be much opposition. Enforcement will likely be only complaint-driven.


2. Temporary Occupancy of Permanent Buildings

• Sometimes referred to as “Pop-Up” uses.

• Excellent way to fill vacant buildings.

• Temporary businesses by design (e.g., Spirit Halloween)

• Temporary space for start-up businesses (business incubators).

• Review your requirements for temporary occupancy or re-occupancy (zoning, building, fire, signage, etc.) to see how they can be streamlined.


Spirit Halloween in Canton Township


• Permit and Procedure Considerations:• Forms and Process. Is your internal process clear? Do your forms communicate

the process to the applicants?• Land Use/Zoning. If the use is a principal permitted use, can occupancy be

permitted without site plan approval or Planning Commission review? Check your ordinances because some zoning ordinances require site plan review for re-occupancies.

• Building. Will the Building Department allow for a temporary certificate of occupancy or have a streamlined process for a re-occupancy?

• Fire. What code updates will be required by the Fire Inspector for temporary occupancy or re-occupancy?

• Signage. Does your zoning ordinance allow for temporary signage so that the applicant does not have to purchase a permanent sign?



• Canton Township Re-Occupancy Steps (similar process in many communities):

• Step 1: Zoning Compliance (1-3 days)

• Step 2: Applicant obtains heating/cooling certificate from HVAC contractor (1-3 days)

• Step 3: Apply for Re-Occupancy Permit• Step 4: Building Inspector, Fire Inspector, and

Police Department inspect (1-2 business days)

• Step 5: If necessary, applicant corrects Field Inspection Reports

• Step 6: If remodeling, apply for Building Permit after re-occupancy.


3. Farmstands/Farm Markets• Also referred to as a roadside stand, a

farmstand/farm market is a retail operation where farm products are sold to the public and usually located on a farm.

• Benefits of farmstands:• Opportunity for farms to sell directly to

consumers.• Consumer access to fresh produce or value-

added products not typically sold at grocery stores.

• Revenue from a farmstand can be essential to the sustainability of the farm which, over time, will encourage farmland preservation.


3. Farmstands/Farm Markets

• Michigan Right to Farm Act (P.A. 93 of 1981, as amended) permits farm operations to have a farm market by right, subject to certain restrictions.

• MDARD has GAAMPS for “Farm Markets,” which states what municipalities can/cannot regulate.

• Don’t confuse a “farm market” with a “farmers market,” which is an off-site public market typically not located in an agricultural zone.


3. Farmstands/Farm Markets (GAAMP)• Pursuant to the January 2019 Farm Market GAAMP, a Farm Market:

• Is a place where transactions between a farm market operator and customers takes place.

• Requires at least “50% of the products marketed” for sale must be produced on and by the “affiliated” “farm” based on a 5-year average. “Farm products” may be “processed” and value-added.

• May operate seasonally or year-round.• May utilize a “Community Supported Agriculture” (CSA) and “U-pick

operation” as a marketing strategy.


3. Farmstands/Farm Markets (GAAMP)• Five (5) Farm Market Development Standards Required by GAAMP:

1. Use of Space. Farm market must be located on property owner or controlled (e.g., leased) by the producer of the products offered for sale. However, the farm market must be located on property where zoning allows for agriculture and its related activities.• This makes off-site farm markets attractive along busy corridors that are zoned for

commercial agricultural use.

2. Buildings and Structures. Subject to State Construction Code Act and local zoning ordinance (e.g. setbacks).• Consider separate zoning ordinance standards for farm market structures that are more

flexible than other structures.


3. Farmstands/Farm Markets (GAAMP)• Five (5) Farm Market Development Standards Required by GAAMP

(continued):3. Parking and Driveways. Surface may be vegetative, ground, pavement, or other

suitable material. All other parking and driveway requirements are subject to local, state, and federal regulations.• See your zoning ordinance standards for driveway width, parking space dimensions, and

number of required parking spaces, and consider amending if necessary.

4. Vehicle Access and Egress. MDOT permit required for a farm market on federal and state roads. Farm markets on county or local roads must comply with access and egress requirements of the appropriate road agency.• See your zoning ordinance standards for driveway separation from road and clear vision

requirements.

5. Signage. Subject to local, state, and federal regulations.• Remember rules about content-neutrality.


3. Farmstands/Farm Markets (GAAMP)

• Breweries• Bonfires• Camping• Carnival Rides• Concerts• Corn Mazes• Distilleries• Festivals

• Fishing Pond• Haunted Barns/Trails• Mud Runs• Playscapes• Processing/Bottling – Dairy• Riding Stables• Social Events• Winery/Hard Cider

25

The Farm Market GAAMP includes a long list of uses that are subject to local regulation, which include the following:

Zoning for Temporary Land Uses • 2019 MAP Annual Conference • Kalamazoo, MI

3. Farmstands/Farm Markets


Roadside Stands (Peninsula Township – Zoning Ordinance Section 6.7.2(8) Summary [adopted prior to Farm Market

GAAMP])Permit Requirement

A land use permit is required if the roadside stand is larger than 25 sq. ft. Otherwise, a land use permit is not required.

Reviewing Body Zoning Administrator Location(s)Permitted A-1 District on the premises of the farm as an accessory use.


Sale of regionally grown produce, flowers, plants, and forest products, but excluding products not grown regionally and non-agricultural products which require a permit from the MLCC.


1 parking space per 25 sq. ft. of structure, with a minimum of 5 parking spaces and clearly marked with adequate turnaround. All vehicles must be parked outside of the right-of-way.

Size and Location of Structures

Maximum 150 sq. ft. permitted, which may be located within a larger structure if all setback requirements are met. Front yard setbacks of A-1 district must be met; however, structures less than 25 sq. ft. and only left in place seasonally may be located adjacent to the front lot line. Cherry Connection, Peninsula Township

4. Seasonal Sales

• Applies to fireworks, Christmas trees, pumpkins, flowers, and other items of a seasonal nature.

• For a fixed time period or a maximum number of days. It’s easiest to apply the same maximum to all seasonal sales instead of different standards for each class of items.

• Popular locations are in high traffic corridors and nodes, especially underused commercial parking lots (e.g., malls and big box stores).


4. Seasonal SalesSeasonal Sales (Canton Township – Zoning Ordinance Section 6.02(Q)(6) Summary)

Permit Requirement Yes.Reviewing Body Planning Commission and Planning Official.Permitted Operator Owner or an applicant with the owner’s permission.Location(s) Permitted C-1, C-2, C-3, or C-4 Districts with a paved driveway from a County Primary Road or State thoroughfare.Permitted Operations Sale of fireworks, Christmas trees, pumpkins, flowers, and similar seasonal items.Maximum Duration 30 days, with a max. of 2 permits per calendar year. 2 permits can be approved on the same application.Hours of Operation N/A, but Planning Commission may place reasonable conditions on hours of operation.Parking and Circulation Plan Parking can’t be reduced by more than 10%. Ingress, egress, and circulation is required on the plan.Pedestrian Access Plan Circulation must be on the plan and is subject to Planning Commission review.Size and Location of Structures 250 ft. from residential zone, 85 feet from right-of-way line, and 20 feet from side and rear lot lines.Noise Subject to Township ordinances for noise.Sanitation Trash containment and disposal must be shown on plans and approved by the Township.Lighting Subject to Zoning Ordinance standards for lighting.Health Department Review If applicable, separate process from Township review.Fire Marshal Review Yes. Fire lanes must be maintained and temporary structures are reviewed for code compliance.Building Official Review Yes. Temporary structures are reviewed for code compliance.


4. Seasonal Sales (Fireworks)


• History of State Law for Firework Stands in Michigan:• 2011: When the Michigan Fireworks Safety Act (P.A. 256 of 2011) was

adopted, Section 28.457(1) stated: “Except as provided in this act, a local unit of government shall not enact or enforce an ordinance, code, or regulation pertaining to or in any manner regulating the sale, display, storage, transportation, or distribution of fireworks regulated under this act.”

• Result: Some communities did not regulate fireworks tents, though many communities interpreted this to mean that fireworks stands would be regulated the same as any other similar temporary land use.

• 2012: Michigan Attorney General Opinion #7266 stated that a local ordinance is not preempted by the Michigan Fireworks Safety Act so long as the local ordinance does not prohibit fireworks vendors from undertaking their commercial operations in any way that other vendors may.

• Result: Many communities amended their temporary land use regulations designed for firework stands but also applicable to all seasonal sales.

Firework Tent in a Meijer Parking Lot in Canton Township

4. Seasonal Sales (Fireworks)


• History of State Law for Firework Stands in Michigan (continued):• 2018: Section 28.457(4) of the Michigan Fireworks Safety Act

was added to allow a local unit of government with a population of 100,000 or more or a local unit of government located in a county with a population of 750,000 or more (i.e., Wayne, Oakland, and Macomb) to enact or enforce an ordinance that regulates the use of a temporary structure. An ordinance may include a restriction on the number of permits issued for a temporary structure, regulation of the distance between temporary structures, or a zoning ordinance that regulates the use of a temporary structure. However, an ordinance established under this section may not prohibit the temporary storage, transportation, or distribution of fireworks by a consumer fireworks certificate holder at a retail location that is a permanent building or structure.

Firework Tent in a Meijer Parking Lot in Canton Township

5. Sidewalk Sales• Many communities allow only in a

defined area (e.g., DDA or CBD Overlay) during a district-wide event.

• Some communities issue permits similar to a Seasonal Sales Permit.

• Merchandise typically required to be adjacent to the front of the business and brought indoors when business is closed.

• A minimum width for pedestrians should be maintained on the sidewalk, regardless of whether the sidewalk is public or private.


6. Special Events• Special Events come in many forms, which include:

• Public events by a public entity (City, DDA, Township, etc.)• Fundraising events by a religious or charitable institution• Commercial events that promote economic development• Agritourism on a farm• Private events typically not open to the public


6. Special Events


Outdoor Entertainment and Community Events (Marquette – Land Development Code Section 54.633 Summary)Private Events Not Open to the Public Temporary Outdoor Entertainment and Community Events

Permit RequirementZoning Administrator may require a permit based on the scale (e.g., noise, # of people, etc.) Yes, except for City and DDA events.

Reviewing Body Zoning Administrator, if applicable.Site Plan Review by the PC for events for 3+ days in a 30-day period and/or more than 6 times/year. Sketch Plan Review by the Zoning Administrator for fewer events.

Location Permitted On private property. Any zoning district if all standards are met.Permitted Operations

Non-recurring private gathering (e.g., graduation party, family reunion, cookout, etc.) See definition of “Outdoor Entertainment and Community Events.”

Maximum Duration 1 dayPlanning Commission or Zoning Administrator, as applicable, may limit the number ofdays based on impacts, noise, lighting, circulation, etc.

Hours of Operation N/APlanning Commission or Zoning Administrator, as applicable, may limit the hours of operation based on impacts, noise, lighting, circulation, etc.


Event must not negatively impact available parking. Vehicles must be parked in a conforming parking area.

Adequate off-street parking must be provided. Circulation and traffic control may be subject to Police Department review.

Size and Location of Structures

Temporary building and structure requirements apply, including requirement for a permit.

Temporary building and structure requirements apply, including requirement for a permit. Building Official and Fire Department review.

Noise City Noise Ordinance applies. City Noise Ordinance applies.

Sanitation N/AAdequate garbage facilities and removal required. Water and sanitation facilities required, including portable toilets if required.

Lighting City lighting regulations apply. Adequate lighting required for safety of pedestrians and drivers.Bldg. Official Review N/A unless Code requires. Review of all electrical and utility connections.Legal Agreement N/A City may require an agreement to indemnify and hold the City harmless.Proof of Insurance N/A Proof of liability insurance required. City may require to be listed as an add’l insured.Performance Bond N/A City may require a performance bond to assure proper clean-up.

6. Example of Special Event Facility

• The Boathouse in Marquette• Located on the shore of Lake Superior• Stores boats in the winter


6. Example of Special Event Facility

• The Boathouse in Marquette• Also used as a temporary Outdoor Entertainment and

Community Event facility for concerts, weddings, and more.

• Permit requirements depend on number of attendees expected and whether the event is public.


7. Food Trucks (Mobile Food Vendors)

• Benefits:• Excellent way to bring food to where the people are.• Often located in the public right-of-way where vehicles are permitted.• Lower barrier to entry for food vendors (e.g., no need to rent a fixed space and pay for other

overhead).




• Challenges:• How can we locate mobile food vendors

(either in the public right-of-way or on private property) while protecting public health, safety, and general welfare?

• How can we protect the economic interests of brick-and-mortar restaurants, which pay property taxes and rely on lunch and dinner revenue?

• How can we protect the economic interests of festivals, which may rely on food and beverage sales inside the festival to fund the event? Mobile Food Vendor in Grand Rapids



• Do definitions or regulations apply to any mobile food vendor and allow only food and beverage sales?

• Should the regulations exclude transient vendors that are not parked for more than, say, 15 minutes (e.g., ice cream trucks)?

• Should the regulations allow sales of non-food items accessory to the business (e.g., company tee shirts)?

Ice Cream Truck in Canton Township



Mobile Food Vending (Williamston – General Ordinance Ch. 30, Art. IV Summary)

Permit Requirement

Yes. Application fee and, if approved, an annual permit fee. Vehicle registration, plot plan, and written property use agreements are required. Permit not required for school-sponsored mobile food vendors or authorized participants in a city-sponsored fair, festival, or special event. Permit is non-exclusive. Permit must be posted and visible to the public.

Reviewing Body City Clerk.Permitted Operator Applicant(s), and permit is non-transferrable to other people or mobile food vending units.

Location(s)Permitted

Northwest parking lot in McCormick Park; parking lot at Deer Creek Park; the I-96 Certified Business Park; and private property with written agreement signed by the property owner. Prohibited in on-street parking spaces. Overnight parking or an unattended mobile food vendor is prohibited.


Sale of food, beverages, and ancillary items consistent with food provided. Mobile food vendor cannot use equipment not contained within the vehicle. Power must be self-contained except electrical power may be drawn from private property being occupied or from an adjacent property with written consent. Utilities from or across the right-of-way are prohibited.

Maximum Duration Permit expires in 12 months.Hours of Operation 6am to 10pm, except hours extend until 2am in the I-96 Certified Business Park.

Size and Location

Max. of 36 ft. long or 9 ft. wide, with an awning permitted with a min. clearance of 7 ft. Prohibited within 150 ft. of any restaurant when the restaurant is open to the public unless subject restaurant(s) provide written permission. Prohibitedwithin 500 ft. of any fair, festival, special event, or civic event unless event coordinator(s) provide written permission.

Noise Subject to City ordinances for noise, including for generators, music, horns, or amplified announcements.Sanitation Waste container must be provided and emptied by vendor. Spills must be cleaned up. Dumping gray water is prohibited.Lighting No flashing, blinking lights, or strobe lights. Exterior lights over 60 watts must contain an opaque shield.Health Dept. Copies of all necessary food service licenses or permits from the County Health Dept. are required.Proof of Insurance Commercial liability insurance policy of at least $2 million. Commercial auto policy of at least $1 million per accident.

8. Outdoor Dining• Generally, 2 types of outdoor dining that is

accessory to an indoor restaurant:1. A designated area on the same property as the

restaurant that is used year-round or seasonally. This is often shown on the site plan and is regulated in the zoning ordinance as an accessory use.

2. Temporary area on public property such as a sidewalk or a street. This is often in the general ordinance.

• Excellent opportunities for restaurants to expand business operations.

• Often a desirable community amenity that attracts visitors.

• Promotes pedestrian activity.


Outdoor Dining on Sidewalk in Grosse Pointe

Temporary Outdoor Dining over On-Street Parking Spaces in Northville

8. Outdoor Dining on Public Property


Sidewalk Cafes and Outdoor Seating (Northville – General Ordinance Ch. 74, Art. 6 Summary)

Permit RequirementYes. Review by City Manager, Police Chief, Fire Chief, Code Enforcement Officer, DDA Director, and DPW Director. Permit must be displayed within the existing establishment. MLCC approval required, if applicable.

Reviewing Body City Staff and City Manager, which may refer application to City Council.Permitted Operator Existing restaurant.Location(s)Permitted Only adjacent to the establishment with which it is associated, provided it doesn’t interfere with a public service facility.


Removable tables, chairs, umbrellas, railings, planters and other objects must be of high quality design and materials to enhance visual and aesthetic quality of the area, and must be securely anchored where applicable. These objects must be stored indoors during the offseason. All food and alcoholic beverages served must be prepared within the existing restaurant (City Council may approve an exception for food served as part of a special event application). The restaurant shall not serve outdoor patrons unless the patron is seated at a table.

Maximum Duration March 15th through November 7th, with extensions permitted based on weather and other standards.Hours of Operation For sidewalk cafes serving alcoholic beverages, 10am-1am, Mon.-Sat. (Sunday morning), and 10am-10pm on Sunday.Pedestrian Access 42 inches must be clear to allow pedestrian movement. Physical barriers required around areas where alcohol is served.Noise Subject to City ordinances for noise.

Sanitation

Must remain clear of litter, food scraps, and soiled dishes at all times. Garbage containers must be provided, and no structure or enclosure to accommodate the storage of garbage is permitted near the sidewalk café or outdoor seating. Surface cleaning, litter control, sweeping, and snow and ice removal is required.

Lighting No increase in lighting permitted unless otherwise required.

Proof of InsurancePolicy or certificate of insurance, in an amount acceptable to the City, including workers compensation, naming City as an additional insured. If applicable, liquor liability policy or certificate of insurance naming City as an additional insured.

8. Outdoor Dining


• “Outdoor” Dining Igloos: When Outdoor Dining Moves Inside• Allow for outdoor dining all year.

• Especially useful for restaurants with a designated outdoor seating area.

• A way for businesses and communities to embrace the winter

• Do your outdoor dining regulations allow for outdoor enclosures?

• The City of Marquette recently adopted a Land Development Code that allows temporary enclosure structures for outdoor dining, subject to:• Zoning Administrator and Fire Administrator review.

• Compliance with accessibility and parking requirements, including ramps and building access.

• 90-day maximum.Blackrocks Brewery in Marquette

Other Information Sources• Other Zoning Ordinances and General Ordinances• “Zoning for Temporary Land Uses.” APA Zoning

Practice. February 2019.

• “A Planner’s Dictionary.” APA Planning Advisory Service. 521/522.

• “A Planning Guide for Making Temporary Events Accessible to People with Disabilities” ADA National Network. 2015. http://adainfo.us/temporaryevents

• “It’s Time to Rethink Temporary Land Use.” Planning. July 2016.

• “From Pop-Up to Permanent.” Planning. November 2012.

• “Restrictions on Zoning Authority.” MSU Extension Land Use Series. Last revised on July 9, 2019.


http://adainfo.us/temporaryevents

Final Thoughts

• Your ordinances can address temporary land uses in two (2) ways, which are not mutually exclusive:

• List each applicable regulation for a use/group of uses; and/or• Allow enough administrative discretion for conditions of temporary use

approval. Different uses in different locations warrant different standards.

• Remember: Your ordinances are written on paper – not chiseled in stone. If the ordinance isn’t working, amend the ordinance.

• Also, because temporary land uses are generally not vested, amendments to the ordinance will create few temporary use nonconformities, if any.


Final Thoughts

• Think of what is preempted by State Law and how:

• Farmstands• Fireworks Tents• Lemonade Stands?

(www.countrytimelegalade.com)• Other uses?


http://www.countrytimelegalade.com/

Thank You!

• Questions?


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