Outdoor Dining Rules Eased By West Hartford Council

WEST HARTFORD, CT — When the Covid-19 pandemic's impact was raging, many found solace dining outdoors, as fresh air made it safer to eat out and for eateries to stay in business.

But with the pandemic's most dire circumstances further and further away from our minds, dining out is something many find to be not only safer, but more pleasant.

And for restaurateurs who saw their bank accounts collapse amid the Covid chaos, dining outside literally kept shirts on their backs as well as on the backs of their employees.

Last week, the West Hartford Town Council approved a new ordinance reaffirming the importance of outdoor dining in town, aligning it with a new state law to take effect May 1 that does the same.

Council members April 11 voted 8-0 to support an "Ordinance Concerning Outdoor Dining," a move done in response to state legislation called "An Act Concerning the Provisions of Outdoor Food and Beverage Services and Outdoor Display of Goods."

Essentially, the state legislation requires towns in Connecticut to allow outdoor dining as a right of doing business and to permit its expansion to public streets, sidewalks and parking lots associated with the restaurant.

West Hartford already allowed outdoor dining within its code of ordinances, but the ordinance approved last week modifies it so its in line with the new state law.

"During the pandemic, the governor loosened the rules during an executive order, which presented us with an opportunity to expand our dining into the street, which we took advantage of for the past couple of years," West Hartford Town Manager Rick Ledwith said.

Among the additions/changes to the town's outdoor dining rules approved by the council:

• Including off-street parking/public right-of-ways as permitted locations for restaurants to host outdoor dining provided it meets certain town requirements.

• Allow for advertisements on umbrellas used to shade tables in outdoor dining areas.

• Establish and outdoor dining season between April 1 to Nov. 15 each year, with the town manager given the authority to change those dates "to the extent required by the public interest," allowing for changes based on weather.

• Mandate site plan approval from the town's zoning board to add outdoor dining, establishing criteria to obtain approval.

The final condition, according to Ledwith, is key to quickly allowing the town to approve outdoor dining operations, because a public hearing is not required by the West Hartford Town Plan and Zoning Commission for site plan approvals.

Prior, establishing outdoor dining meant a special permit and a public hearing, adding another layer in the steps toward a decision, he said.

"Following the adoption of this ordinance, we would move to a site plan approval process," Ledwith said prior to the council vote.

West Hartford Mayor Shari Cantor said the town evolved into an outdoor dining destination during the pandemic's dark days because so many eateries offered it.

And, because of that, restaurants were able to survive while diners were exposed to a new kind of dining, she said.

"We have become a destination. When Covid became an issue and our restaurants were really brought to their knees, this was critical for their survival," Cantor said.

Cantor said such rules have, actually, been on the town docket for several months at the subcommittee level. Earlier this month, the PZC endorsed them as well.

Council members, meanwhile, expressed bipartisan enthusiasm for the outdoor dining commitment.

Democratic Councilman Ben Wenograd said outdoor dining was a silver lining in the catastrophe of the pandemic.

"It was a lot of bad things over those three years, but one of the great ones was discovering how great outdoor dining can be and how well restaurants have adapted to it. I think nobody wants to go back," he said. "This is an appropriate ordinance to pass now."

"What I like about this whole expansion is we took a chance and tried something new during this pandemic ... and its became a winner," Republican Councilperson Mary Fay said. "It really helps our restaurants and small businesses."

For the minutes of the April 11 West Hartford Town Council meeting, click on this link.

For the full text of the ordinance and changes within the outdoor dining codes, click on this link and scroll to Page 337.