Outdoor Dining Temporary Use Permits

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The information provided in the space below is intended to answer any questions our business owners may have regarding how to obtain a Temporary Use Permit for outdoor dining. Once you have reviewed the information below, we recommend that you contact a member of our zoning staff prior to filing your application.  We can be reached at 703-737-7183 or via email at permitting@leesburgva.gov.
  • Do I need a permit for outdoor dining?

    Yes. An administrative Temporary Use Permit is required to establish the temporary use. This permit will also help satisfy the Virginia Alcohol Beverage Control permitting process.
  • Who can apply for a temporary use permit for outdoor dining?

    The temporary use permit for outdoor dining only applies to existing eating establishments, which include brewpubs and microbreweries. The property owner must provide written consent of the temporary dining area. This permit is only valid for use on private property at this time.
  • How do I submit an application for temporary outdoor dining?

    The temporary use permit form can be found on the Zoning Permits Application page. Staff strongly recommends contacting staff prior to submission in order to assist with required documentation. 
  • Is there a fee?

    No fee is required.
  • What do I need to include with the permit application?

    A Use Exhibit is required. The exhibit is a sketch, photo, or drawing that depicts the location of the temporary dining area, the arrangement and number of seats, calculation of parking, and how access is maintained to the building. Staff can assist in obtaining information to help prepare the exhibit. 
  • How much outdoor seating will be allowed?

    Outdoor seating capacity is limited to 50%, or half of the permitted occupancy of the eating establishment.
  • Where can I place the outdoor seating?

    The temporary dining area must be located on a paved area, parking lot, or sidewalk. No more than 50% of the parking lot may be used, and fire and pedestrian access must be maintained to, in, and around the eating establishment.
  • Can I use a tent?

    Yes, tents less than 900 square feet may be used, but must be properly secured.
  • Can downtown restaurants put outdoor seating areas on the public sidewalk?

    Downtown restaurants may use outdoor dining areas on the public sidewalk, if they are able to meet the physical distancing requirements for Phase 1 of the Forward Virginia plan:

    Provide a minimum of six feet between parties at tables, (i.e., the six feet cannot include the space taken up by the seated guest). If tables are not movable, seat parties at least six feet apart. Spacing must also allow for physical distancing from areas outside of the facility’s control (i.e. provide physical distancing from persons on public sidewalks). 

    A sidewalk dining permit is required.

  • How long will the outdoor dining temporary use permit be valid?

    The temporary use is permitted through the duration of the Governor’s Executive Order 62. Reconsideration of the validity period will occur on or before a declaration of Phase II.