On May 28, 2020, the Fairfax County Board of Supervisors adopted an emergency ordinance that allows restaurants and exercise facilities to reopen outside under the state’s Phase I guidelines now that the Governor has moved the County into Phase 1 effective May 29, 2020. The Ordinance also contains a blanket County approval for individual Virginia ABC license applications.
The ordinance can be found at: https://www.fairfaxcounty.gov/boardofsupervisors/sites/boardofsupervisors/files/Assets/meeting-materials/2020/board/may28-final-ordinance.pdf
Under this emergency ordinance, these businesses are able to do operate outdoors during this public health crises without the need for any additional county approvals, provided that they meet certain requirements (as contained in the attachment) and that they Follow the Virginia Forward Phase One guidelines, which, among other things, limit outdoor use to 50% of a restaurant or exercise facility’s permitted interior occupancy.
Business owners must work with the property owners for approval to use these outdoor uses, while ensuring the outdoor space does not interfere with pedestrian or vehicular traffic.
The proposed ordinance defines restaurants to include brewery and winery tasting rooms, and exercise facilities includes gyms, fitness centers, recreation centers, and sports facilities.
A summary of some of the provisions contained in the proposed ordinance follows; please refer to the ordinance for the full provisions.
Location requirements include:
• Clearly marking the outside dining area
• Allowing outdoor exercise in parking areas or on open space
• Placing outdoor dining area entirely on hard surfaces
• Prohibiting permanent physical alterations to outdoor spaces
• Ensuring that adequate on-site parking is maintained
• Maintaining the number and location of parking spaces for people with disabilities. However, as a matter of last resort necessary to provide for the outdoor uses, those spaces may be relocated if properly designated and equally convenient
Operational requirements include:
• Ensuring that tables, chairs, umbrellas, lighting and other accessories are removable and maintained in good appearance and repair
• Ensuring that any temporary tents or canopies are open on all sides and securely anchored (Tents that are less than 900 square feet do not require a permit from the Fire Marshal, but larger tents do; the fee is waived for such larger tent permits)
• Keeping the outdoor area free of trash and debris.
• Making the outdoor accessible to disabled patrons.
For additional information or questions, please contact the Department of Planning and Development by calling 703-324-1359 or emailing DPZMailforZPRB@fairfaxcounty.gov.
