Outdoor Dining Design Guidelines
Arlington County’s Master Transportation Plan (MTP), a part of the Comprehensive Plan, calls for streets and sidewalks that are comfortable and interesting places that encourage people to walk instead of drive, and to linger, socialize, and patronize local businesses. Outdoor cafés, whether located on private property or on public sidewalks, are desirable streetscape features if adequate pedestrian movement is retained. Outdoor cafés provide activity for many hours of the day and are increasingly seen as business essentials by restaurants. This document provides guidance to business owners, residents, and County staff on existing County policies on the use of outdoor café areas, both on private property and in public rights‐of‐way.
The guidelines in Section 3 apply to all outdoor cafés. Section 4 is for outdoor cafés on public sidewalks. Section 5 is for privately owned public spaces. Section 6 includes guidelines for outdoor cafés on private property with no public easements. Section 7 includes guidelines for outdoor cafés located on private parking spaces.
The COVID-19 pandemic changed how the community uses public spaces and how it views outdoor dining. It’s important to recognize the need for flexibility for the restaurant community. As such, three main overarching themes helped shape the County recommendations for updating Arlington’s permanent outdoor dining program:
-
Restaurants as a Public Good: An economically viable food service sector is a critical component of sustainable and active mixed-use neighborhoods.
-
Restaurant Recovery and Resiliency: Expanded outdoor dining options with fewer regulatory hurdles will assist in recovery from pandemic-related losses and adaptation to a longer-term “new normal”.
-
Different Places and Spaces: Expanded outdoor dining is not one-size fits all. Some neighborhoods and the public realm within those neighborhoods may be more appropriate for outdoor dining than others.
Outdoor cafés can bring benefits to both businesses and customers, including creating an inviting atmosphere for people to gather, having extra seating during peak hours, and improving storefront visibility. These guidelines will help businesses establish an outdoor café that has curb appeal while being functional, safe, and permitted. The following guidelines and standards should be carefully reviewed before submitting an application. Application materials are provided in the Appendix and available online.
2.2 Step-by-Step Process
(PDF, 308KB)(PDF, 308KB)(PDF, 308KB)(PDF, 308KB)
(PDF, 308KB)
(PDF, 521KB) 
(PDF, 521KB)
(PDF, 532KB)
(PDF, 627KB)
(PDF, 513KB)
2.3 Applications and Fees
| 2.3.1 Building Permit and Certificate of Occupancy |
| a. |
|
A Building Permit and Certificate of Occupancy is required for all outdoor cafés. |
| b. |
|
Fees may vary and are dependent on the square footage of the outdoor café. |
| c. |
|
Consultations with staff prior to submission are encouraged.
|
| 2.3.2 Outdoor Café License |
| a. |
|
An Outdoor Café License is required for any outdoor café that is located in public space (i.e., public sidewalk) or a Privately Owned Public Space (e.g., plazas, courtyards, pocket parks, etc.)
|
| b. |
|
The one-time License Application Fee will be $150. The County Board will establish the annual Outdoor Café License fee when acting on the FY2025 Budget, and will be payable annually commencing on July 1, 2024.
|
| 2.3.3 Other Fees |
| a. |
|
Separate electrical or plumbing permits and fees will be required for any new gas or electrical work associated with lighting or permanent gas heaters in the outdoor café area. |
| b. |
|
Some cafés may require amendments to their current site plan conditions or use permit. Under those situations, additional filing fees will apply.
|
2.4 Permitting and Approval Process
(PDF, 145KB)
Outdoor cafés are permitted in Arlington only as accessory uses to the main use of a food establishment. As such, they must be adjacent to the main use, either on private property or on a public sidewalk and not encroach on neighboring uses. Note: Dining areas on rooftops are not considered outdoor cafés for the purposes of these guidelines. The following guidelines apply to all outdoor cafes, regardless of type.
Outdoor cafés are subject to the following:
3.1 Operational Guidelines
| a. |
|
For businesses with both an indoor CO and an outdoor CO, the total patrons served at any one time cannot exceed the combined capacities of both CO’s. |
| b. |
|
All outdoor dining activities must obtain the proper permits or licenses from Arlington County. |
| c. |
|
No food preparation is permitted in the public right-of-way. |
| d. |
|
Outdoor dining operations may be shut down if found to be a nuisance for neighbors. |
| e. |
|
Establishments serving alcohol must meet requirements outlined by Virginia Alcoholic Beverage Control (ABC). |
| f. |
|
Outdoor cafés involving an ABC permit may not be shared by multiple establishments. |
| g. |
|
Outdoor cafés consist of tables and chairs, placed for the consumption of food by customers. Service may be self‐service or by a waiter. |
| h. |
|
The hours of operation of an outdoor café shall not extend past the normal operating hours of the main food establishment. |
| i. |
|
Outdoor cafés shall follow any other applicable zoning regulations (signs, etc.). |
| j. |
|
Live entertainment, gaming activities, TVs, and piped-in oramplified music are permitted between 9 a.m.-10 p.m. Sundays through Thursdays, and between 9 a.m.-11 p.m. on Fridays and Saturdays. Piped-in music does not include broadcasting of live entertainment events that are taking place inside the establishment. |
| k. |
|
For outdoor cafés located on private property in side or rear yards abutting or across an alley from an R or RA district, such sound or audio or video entertainment are not permitted.
|
3.2 Location and Design
| a. |
|
Outdoor cafés should not be located in any fire lanes, bicycle, or vehicle travel ways, loading dock areas, transit stops, or emergency vehicle access areas. |
| b. |
|
Pathways to and from restroom facilities must be clear and accessible and are subject to inspection. |
| c. |
|
Outdoor cafés should not be located in any tree pits or planting strips. |
| d. |
|
All tables, chairs, and barriers must be placed on a paved and flat surface and should not impact any utilities, parking meters, signs, streetlights, or street trees. |
| e. |
|
An outdoor café may be under a canopy or awning. Heating elements shall not be installed as part of the canopy or awning. |
| f. |
|
Heating elements shall not be installed as part of the canopy or awning. |
| g. |
|
Outdoor cafés shall not be enclosed, which is defined in the Zoning Ordinance as “any roofed‐over structure or attachment to a structure is enclosed if sides (other than the side or sides where a structure is attached to a main building) are more than forty (40) percent enclosed with any material other than customary wire or mesh screening.” |
| h. |
|
An outdoor café that is enclosed according to the definition in the Zoning Ordinance shall be considered a permanent part of the food establishment and therefore subject to all setback, parking, and other applicable requirements of the Zoning Ordinance. |
| i. |
|
Outdoor cafés must be 5-feet from exit doors and adjacent sidewalk cafés. |
| j. |
|
Outdoor cafés must be 4-feet from existing light poles and 6 feet from base of street trees. |
| k. |
|
Barrier may not exceed 5-feet in height. |
| l. |
|
A minimum 6-foot-wide ADA accessible route adjacent to the outdoor café must be maintained for pedestrian passage. |
| m. |
|
If the outdoor café is part of a County Board-approved site plan or use permit with conditions that require greater clear path dimensions, the restaurant must comply with the County Board approved conditions. A Site Plan Amendment is required if the property owner wants to change the approved conditions. |
| n. |
|
Maintain a 3-foot clearance around Fire Department Connections (FDC) on buildings and a 3-foot-wide path must be provided from the FDC to the curb. |
| o. |
|
Maintain a 5-foot clearance around fire hydrants. |
| p. |
|
Maintain a 5-foot clearance between bicycle racks. |
| q. |
|
Maintain a 10-foot distance from any transit stops or shelters.
|
3.3 Furnishings
| a. |
|
Furniture and fixtures used in outdoor dining must be specifically made for outdoor use. |
| b. |
|
Tables, seating, barriers, and other furniture are not required to be removed at the end of every business day, unless otherwise required as a condition of a special exception use permit. |
| c. |
|
All chairs used in an outdoor seating area should match each other by being of visually similar design, construction, and color. |
| d. |
|
Outdoor grills are not permitted in outdoor cafés. |
| e. |
|
Table umbrellas are permitted if they are fully contained within the outdoor café area and do not extend over the sidewalk clear width. When fully extended, the umbrellas must maintain a minimum vertical clearance of 6-feet, 8-inches above the café area to allow for patron and server circulation |
| f. |
|
Any lighting fixtures shall not protrude into the clear pedestrian path. |
| g. |
|
Cafés in public space should include only improvements (including furnishings and equipment) that are designed and constructed so they are readily removeable without damage to the surface of the public space. |
| h. |
|
Fire pits with a permanent or fixed gas line require a permit and inspection from the Inspection and Services Division (ISD). A propane tank falls under ACFD for review and inspection. |
| i. |
|
A wood- burning fire pit will likely need a structure to contain it, such as masonry or brick. This will require a building permit. |
| j. |
|
A mounted heater on the facade of building will became a permanent fixture and will require a permit and inspection from ISD. Any changes to the facade will be reviewed by Zoning.
|
4.1 General Guidelines
No elements of the café are permitted to be permanently affixed to the sidewalk, including, among other items, canopies or awnings, fences, tables and chairs, or heating or cooling elements, associated with the café; however, low fences or low barriers (less than three (3) feet tall) that are within and along the café area are permitted to be affixed to the ground, using a sleeve system, so long as they are removable and upon removal, the area where the fence or barrier is affixed can be capped or filled in a manner resulting in a surface that is flush with the surface of the sidewalk.
4.2 Additional Guidelines on Clear Zones
| a. |
Outdoor cafes may be located along the building façade and/or in the furnishing zone. |
| b. |
A minimum six-foot-wide accessible sidewalk must be maintained for pedestrian passage unless a greater width is required by site plan or use permit conditions (see diagram in the Appendices). |
| |
i.
|
A clear zone is an area for unimpeded pedestrian mobility. The clear sidewalk cannot contain any obstructions, including but not limited to parking meters, sidewalk signs, streetlights, street trees, tree pits, or tree grates. Any part of the proposed seating, fencing or barriers, and umbrellas associated with the outdoor café must also be outside of the clear zone. |
| ii. |
If the outdoor café is part of a County Board-approved site plan or use permit with conditions that require greater clear path dimensions, the restaurant must comply with the County Board-approved conditions. A Site Plan Amendment or new Use Permit would be required if the property owner wants to change the approved conditions. |
| c. |
Outdoor cafes should not be located in any tree pits or planting strips. |
| d. |
Table umbrellas are permitted if they are contained within the outdoor café area, and when fully extended maintain a minimum vertical clearance of 6-feet, 8-inches above the sidewalk to allow for patron and server circulation. |
| e. |
Maintain 5-foot clearance around fire hydrants. |
| f. |
Maintain 3-foot clearance around Fire Department Connections (FDC) on buildings and a 3-foot wide path must be provided from the FDC to the curb. |
| g. |
Locate private encroachments in the sidewalk area with sensitivity to sidewalk width, to historic structures, and to other obstructions, and subject to periodic review. Safe and convenient pedestrian travel should not be impeded (MTP Pedestrian Element p. 6).
|
4.3 Accessibility Guidelines
| a. |
The outdoor café must comply with the Building Code and ADA accessibility requirements. |
| b. |
The surface of the sidewalk shall be level and have a running slope and cross slope that do not exceed 2%. |
| c. |
An outdoor café shall not be located on a raised platform or a sunken area unless an accessible ramp is provided. Platforms or other site-leveling structures shall be provided only when there is a demonstrated need to make outdoor seating feasible, such as slope or sidewalk condition. Platforms or other site-leveling structures shall comply with the requirements of the applicable version of the Virginia Uniform Statewide Building Code.
|
(PDF, 691KB)
Background
The Public Spaces Master Plan another element of the Comprehensive Plan, adopted in 2019 defines privately owned public space (POPS) as “a privately developed space that remains under private ownership but has an easement or license that guarantees it is open and accessible to the public.” POPS are typically built with new development projects and are dedicated by a deed of public access easement or by a site plan condition.
5.1 Location Guidelines
| a. |
Outdoor cafés shall not be located in a privately owned public space (POPS) with an approved deed of easement for public access and/or park use, or other legal instrument such as site plan condition(s) unless approved by the County Board through a use permit. In general, outdoor cafés should not be located in POPS unless they meet the following criteria in addition to receiving use permit approval. |
| |
i. |
A privately owned public space with public access and/or park use easement that has not been identified in a County Board adopted plan (Comprehensive Plan element, park master plan, sector plan, etc.). |
| |
ii. |
A POPS which was not provided for as a public access easement in exchange for additional development density.
|
5.2 Design Guidelines
| a. |
The Public Spaces Master Plan identifies a set of design guidelines for Privately Owned Public Spaces that provides direction for the following aspects of the public space. |
|
i. Planning and Layout
ii. Access and Circulation
iii. User Comfort
iv. Landscaping
v. Amenities
vi. Signage |
|
| b. |
The design guidelines begin on page 235. |
|
| c. |
Staff will use these standards as the criteria for review of any applications.
|
|
6.1 Location Guidelines
| a. |
Outdoor cafés shall not be enclosed, except as specified elsewhere in the Zoning Ordinance. |
| b. |
Outdoor cafés located in side or rear yards abutting or across an alley from an R or RA zoning district shall operate only between the hours of 9 a.m.-11 p.m. |
| c. |
An outdoor café, including any canopies or covers, is only permitted within the required setback. |
| d. |
Fixtures and furnishings in the outdoor café, such as canopies, tables, chairs, server stations, bars, heating/cooling elements, fences, and barriers, may be affixed to the ground.
|
7.1 Location Guidelines
| a. |
The outdoor café should not be located in ADA spaces. |
| b. |
The outdoor café location should not obstruct vehicular travel aisles and pedestrian pathways in the parking area. |
| c. |
The outdoor café should not block points of egress or pedestrian circulation paths. |
| d. |
Outdoor cafés may be located in private off-street parking spaces, as long as the outdoor café does not occupy parking spaces needed to meet the required parking specified in the Zoning Ordinance. |
| e. |
If there is more parking than what is required by the Zoning Ordinance, the outdoor café can be reviewed and approved administratively by the Zoning Administrator. |
| f. |
Outdoor cafés should be located in parking spaces that the applicant has the legal right to use. |
| g. |
A Use Permit option may provide food establishments with the ability to use up to four required parking spaces for outdoor cafes through a modification.
|
7.2 Design Guidelines
| a. |
The outdoor café shall occupy no more than 612 square feet (equivalent of four parking spaces measured 8 feet 6 inches by 18 feet. |
| b. |
Tents are permitted for shade with proper permits. |
| c. |
Planters and or protective barriers should be provided. |
| d. |
The outdoor café location should not obstruct access to loading areas. Where access to adjacent uses.
|
7.3 Accessibility Guidelines
| a. |
The outdoor café shall occupy no more than 612 square feet (equivalent of four parking spaces measured 8 feet 6 inches by 18 feet. |
| b. |
The surface of the outdoor dining area shall be level with a running slope and cross slope that do not exceed 2%.
|
(PDF, 731KB)
8.1 Overview
Any restaurant that operates an outdoor café must comply with all applicable County, state, and federal laws and regulations. Failure to comply is a class one misdemeanor with a fine of up to $2,500 or jail sentence up to 12 months. Restaurants with outdoor seating must meet accessibility guidelines and comply with the Americans with Disabilities Act (ADA).
8.2 Enforcement
Any complaint about an outdoor café will be investigated by staff in the Zoning Division of the Arlington County Department of Community Planning, Housing and Development. Violations may result in citations and potential revocation of permits or outdoor café license.
There are two methods to report appearance of code violations:
By email (zoningenforcement@arlingtonva.us)
Zoning Division phone line (703-228-3883) Counter Services staff
The community may report an outdoor dining area that is:
- Abandoned
- Blocking required sidewalks or street travelways
- Blocking neighboring building entrances
- Lacking required barriers
- Not accessible for people with disabilities
- Serving alcohol without a license
- The exact street address of the restaurants must be included in the report.
(PDF, 78KB)
(PDF, 386KB)