Vienna Outdoor Dining Flexibility Allowed, Extension Possible

VIENNA, VA — On Monday, Vienna Town Council adopted an ordinance to allow outdoor dining or other outdoor commercial activity at businesses under the state's guidelines for phase one reopening. Northern Virginia entered phase one on May 29.

According to the state guidelines, restaurants can offer outdoor dining at 50 percent capacity and must follow other restrictions. Fitness and exercise facilities can offer outdoor classes with up to 10 participants, spacing between fitness equipment and other requirements.

"We are anxious to assist our businesses in mitigating the negative economic impacts of the coronavirus pandemic," says Mayor Laurie DiRocco in a statement. "Our hope is that this emergency ordinance will help Vienna businesses maximize the commercial opportunities provided as Virginia and Vienna gradually resume commercial activities as safely as possible."

Areas used for outdoor business purposes must be on hard surfaces, such as existing patios, sidewalks or paved parking spaces. Items such as tables, chairs, umbrellas, tents, lighting must be removable. Seating areas must be accessible for disabled patrons and cannot obstruct fire lanes or equipment.

The new emergency ordinance is in effect for 60 days and can amended, rescinded, or readopted by Town Council for up to six months. Council moved to consider readopting the ordinance on June 15 beyond the initial 60 days.

Virginia's phase two and three guidance will determine what kinds of indoor and outdoor businesses are allowed as restrictions are eased. But Councilmember Howard Springsteen says businesses should be allowed the outdoor seating into the fall even if normal operations have returned.

DiRocco added, "I do agree that people have put investments into some outdoor tables and other things, and so I think extending it would be a great idea."

A few council members support extending the ordinance on a permanent basis. Councilmember Pasha Majdi believes the model could be applied permanently through site plan modifications, while Councilmember Douglas Noble would like to see the flexibility included in the zoning code update.

Under the temporary ordinance, businesses must submit a permit application and diagram of the proposed outdoor dining area or other commercial activity, but no fees are required. A separate license is required for serving alcohol outdoors, and Virginia ABC has an accelerated process for approval. The town does not need to provide a permit or letter for restaurants, as the Fairfax County Board of Supervisors allowed blanket approval of individual Virginia ABC license applications.

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