- 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.
- 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.
- 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.
- No fee is required.
- 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.
- Outdoor seating capacity is limited to 50%, or half of the permitted occupancy of the eating establishment.
- 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.
- Yes, tents less than 900 square feet may be used, but must be properly secured.
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.
- 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.