Outdoor Dining FAQ

The County has a new outdoor café program that supersedes the Temporary Outdoor Seating Areas (TOSAs) that were allowed during the COVID-19 pandemic emergency order and Continuity of Government Ordinance (COGO). TOSAs expired on August 15, 2023, which means that restaurants that want to maintain or install new outdoor cafés must comply with the new zoning regulations. County staff are available to answer questions and work with applicants to ensure a smooth transition to the permanent program.

If you have an existing use permit, you have two options:

1. You can set up your outdoor café to be consistent with the approved use permit on file, including the number of seats, furnishings layout, and width of clear sidewalk.

2. If you want to change or expand your seating from what is in the approved use permit, you may need a use permit amendment.

If the café is on a public sidewalk, you will need to obtain an Outdoor Café License, which can be done administratively.

The site plan approval and conditions may have different requirements than the new outdoor café regulations. Most common are larger sidewalk widths for each block frontage.

If you wish to make a change from the site plan conditions, such as reducing required sidewalk widths, you will need to apply for a site plan amendment. Otherwise, the approved conditions will need to be provided.

Temporary Outdoor Seating Areas (TOSAs) were developed to provide temporary additional seating options to restaurant to allow them to continue operations during the COVID-19 pandemic. The new process is a permanent outdoor café program that incorporates some aspects of the TOSA program, and it applies to all outdoor dining.

If you have questions about specific aspects of outdoor cafés before applying for any required permits and licenses, emai outdoorcafes@arlingtonva.us.

The new outdoor cafés webpage includes information and resources for all restaurants, including which permits and licenses are required for different types of outdoor cafés, and how-to videos to assist restaurants with the application process. If you have additional questions, please email outdoorcafes@arlingtonva.us.

The initial application period for TOSA permit holders begins September 1, 2023. All TOSA permit holders must submit an application or be actively working with County staff on their application by October 16, 2023, to maintain their outdoor dining. Moving forward, the new outdoor dining permit and license process will remain in place for all restaurants interested in having outdoor seating.

The permits vary on a case-by-case basis, depending on the location of the outdoor café. See the chart below for information on each café type.

Applications for a Building Permit and a Certificate of Occupancy must be submitted through Permit Arlington.

Applications for an Outdoor Café License must be submitted to the DES Real Estate Bureau.

You can find links to both permits, along with how-to videos for Permit Arlington, on the outdoor dining webpage.

The review process timeline depends on the required permits. Generally, the review time for a Building Permit and a Certificate of Occupancy can be 30-60 days, while a Use Permit, which requires County Board approval, typically takes three months.

The costs can vary depending on your café type and its requirements. All outdoor cafes will be required to pay application fees to obtain a Building Permit and Certificate of Occupancy. The Building Permit fee includes the first inspection when the café is completed. In addition, if the café is in public space, restaurants will need to pay the Outdoor Cafe License application fee. Some cafés also may require a Use Permit or Site Plan Amendment. See the current fee schedules for updated information.

An annual encroachment fee is only required for cafés located on public property. There is a one-time license application fee of $150 for the Outdoor Café License. The annual fee will be established by the County Board during the FY2025 budget process. It will be payable annually beginning July 1, 2024.

All regulations for outdoor cafés can be found in the Arlington County Zoning Ordinance Article 12.9.15 (Outdoor Cafés).

The Design Guidelines document provides general information to help restaurants understand the new practices and policies for outdoor cafés. We encourage all business owners or those operating outdoor cafés to review the guidelines before submitting an application.

Yes, in most cases, tents are allowed; however, any tent must comply with the Virginia Statewide Fire Prevention Code (VAFPC). All tents reviewed under the fire code will be inspected by Arlington County Fire Department. All tents must be separated from the building.

An annual Fire Prevention Code Permit is required for the storage and/or use of gas heaters. You can apply for permit through the Arlington County Fire Department.

Wood burning fire pits will likely need an enclosure, which will require a building permit. Heaters attached to the building will require a permit and inspection from Arlington's Inspection Services Division and review of the façade impact from the Zoning Division.

For questions about using tents and heaters together, contact the Fire Prevention Office at fire-firecodeinquiry@arlingtonva.us or 703-228-4644.

No element of an outdoor café can be permanently affixed to the sidewalk, including canopies or awnings, fences, tables and chairs, or heating or cooling elements; however, low fences or low barriers (less than three feet tall) that are within and along the café area can be affixed to the ground, using a sleeve system, as long as they are removable and upon removal the area where the fence or barrier is affixed can be capped or filled so the surface is even with the sidewalk.

Outdoor cafés on public sidewalks require a minimum clear zone of six feet for pedestrian access. 

If the outdoor café is part of a County Board-approved Site Plan or Use Permit, the restaurant must comply with the County Board-approved conditions, including if a wider sidewalk clearance is required. If a property owner wants to change the approved conditions, a Site Plan Amendment or new Use Permit would be required.

No. The public, on-street parking lane cannot be use for an outdoor café. A business could install a parklet, but the space must always be open to the public, and there cannot be any advertising, alcohol, or table service in the parklet. More information on parklets can be found online.