On June 6, the Town Council approved a new outdoor dining ordinance—paving an additional pathway for businesses to continue offering outdoor dining options.  The code changes allow for seasonal and permanent outdoor dining options, with property owner approval, on decks, patios, walkways, and in parking spaces.

Outdoor dining is not permitted within 60 feet of residentially zoned and utilized properties.  Outdoor dining is permitted between 60 to 75 feet of residentially zoned and utilized properties provided additional provisions are met.

Restaurants interested in providing outdoor dining may request a pre-application meeting with staff to discuss the process through IDT plans (https://vienna.idtplans.com/secure/). 

Permanent Outdoor Dining (12 or fewer seats, located on a patio, deck, or sidewalk) 

Previously all outdoor dining required a conditional use permit.  The new ordinance allows for administrative approval by Town staff for 12 or fewer seats as an update to the certificate of occupancy, provided all provisions are met. 

Furniture and other outdoor features are still subject to review and approval by the Board of Architectural Review. 

Any permanent outdoor dining seats count toward the parking requirement for restaurants, one parking space per four seats, and the applicant must show adequate parking is provided for proposed indoor and outdoor seating.

Restaurants interested in providing outdoor dining of 12 or fewer seats may apply for a revision to their certificate of occupancy and Board of Architectural Review approval of outdoor furniture through  IDT plans (https://vienna.idtplans.com/secure/).

Permanent Outdoor Dining (13 seats or more, located on a patio, deck, or sidewalk)

Proposed outdoor dining of 13 seats are more require a conditional use permit.  Applications are reviewed first by staff, then by the Planning Commission, which makes a recommendation regarding approval.  Final decisions are made by the Board of Zoning Appeals. 

Permanent site changes, including adding a deck or patio for outdoor dining, require site plan amendment approval in addition to the conditional use permit approval.  Board of Architectural Review approval is also required for all outdoor features and furnishings. 

Restaurants interested in providing outdoor dining of 13 or more seats may apply for a conditional use permit.  Pre-application meetings are required prior to applying for conditional use permits and can be scheduled through  IDT plans (https://vienna.idtplans.com/secure/).

Seasonal Outdoor Dining

Seasonal outdoor dining may be permitted in off-street parking spaces from April 1 to Oct. 31, provided all provisions are met.

No more than 20% of the required off-street restaurant parking spaces may be used for seasonal outdoor dining.  If the number of off-street parking spaces exceeds the minimum number required, then those spaces may also be utilized for outdoor dining.

Hours of operation for seasonal outdoor dining areas are limited to:

• Sunday, 10 a.m. to 9 p.m.
• Monday through Thursday, 9 a.m. to 9 p.m.
• Friday, 9 a.m. to 9:30 p.m.
• Saturday, 10 a.m. to 9:30 p.m.

 Application requirements include:

• To-scale plans showing the location of any outdoor dining furniture or structures
• Written notice detailing seasonal outdoor dining plans to all business owners located within the same property/shopping center of the applicant’s business.  A notarized affidavit verifying notice has been given must be submitted with the applications.
• Completed Applicant Authorization Form signed by the property owner.  The property owner or property manager acting on behalf of a property owner must authorize any proposed outdoor dining located on the owner's property.

You may request a pre-application meeting with staff to discuss the process through IDT plans (https://vienna.idtplans.com/secure/).