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Sidewalk Encroachments

Informational Guide - Outdoor Dining, Merchandise & Pushcarts

The City of Asheville administers a sidewalk encroachment permit program for outdoor dining, outdoor merchandise and pushcarts. If you choose to encroach in the city's sidewalk in any of the following ways, you will be required to obtain a permit.

As defined by City Ordinance #3024:

Outdoor Dining Area means an area in front of or adjacent to a restaurant and located on a public sidewalk or square whereon tables, chairs or benches are placed for dining purposes.
Outdoor Merchandise Area means an area in front of or adjacent to a retail business where merchandise is located on a public sidewalk for the purpose of displaying, exhibiting, selling or offering for sale merchandise.
Pushcart means a wheeled cart which may be moved by one person without the assistance of a motor and which is designed and used for displaying, keeping or storing any food, beverages or other articles for sale by a vendor. Pushcarts are only allowed in the Central Business District and in Biltmore Village.

Approved Pushcart Locations

A Permit is required for dining or merchandise areas which use 30 sq. ft. or less of sidewalk space and do not have anything attached to the sidewalk. If this is the case, only the application and attachments are required.

A Permit and an Encroachment Agreement are required for pushcarts and dining or merchandise areas which use over 30 sq. ft. of sidewalk space and/or which have something attached to the sidewalk. If this is the case, the application, attachments, and Encroachment Agreement Application are required.

You will be required to obtain a Certificate of Insurance for $1,000,000. You need to include the City of Asheville as "Additional Insured." Permits will not be issued without the “Additional Insured” verbiage.

The City of Asheville’s permit year runs from July 1 until June 30th of the following year.

Additional Items to Consider

If you want to add any type of signage, including an A-frame sign or temporary signage, contact the Sign Administrator at (828) 259-5822 for information and additional permit requirements.

If applicable (food sales only), contact the Health Department, located at 35 Woodfin Street (828) 250-5016, to make sure that all Health Department rules are being followed. Obtain Health Department Certificate or letter of non-requirement.

If applicable, to serve alcoholic beverages, contact Alcoholic Beverage Control located at Ridgefield Business Center (828) 670-5055, for their requirements on serving alcoholic beverages. Obtain an ABC permit. (For Outdoor Dining permits ONLY)

Contact Customer Services, located on the First Floor of City Hall (828) 251-1122, to determine if adding the outdoor dining or merchandise area will increase your Privilege License fee.

Download the Application Packet - updated 2/27/12