Subject:
Title
Joint Public Hearing with the Planning Commission on May 11, 2022 for Text Amendments Related to Outdoor Dining in Sections 18-72, 18-74, and 18-210.
Body
EXPLANATION AND SUMMARY:
Emergency Ordinance for Outdoor Dining
Prior to the COVID-19 pandemic, the Town Code required a conditional use permit for outdoor dining, per Section 18-72, Section 18-74, and Section 18-210. Conditional use permits require a review by the Planning Commission and a decision by the Board of Zoning Appeals. A $1,500 fee is also associated with a conditional use permit. Additionally, per the current zoning ordinance, off-street parking spaces cannot be utilized for outdoor dining.
On June 1, 2020, the Vienna Town Council approved an emergency ordinance to permit temporary waivers of Town Code regulations for outdoor commercial activity, specifically to assist businesses that were adversely affected by the ongoing COVID-19 pandemic. The Town Council approved several extensions of the emergency ordinance, with the last one to not be extended beyond six-months from the June 30, 2021 expiration of the Commonwealth of Virginia's State of Emergency.
From June 1, 2020 to Dec. 31, 2021, 22 restaurants received approval for temporary outdoor dining. Of those 22 restaurants, 13 utilized off-street parking spaces for outdoor dining space. In October 2021, staff observed a total of 58 off-street parking spaces being utilized. (Staff has provided photos of these restaurants from April 2022 as an update to observations made in October 2021).
Zoning Ordinance Text Amendments
To address the ongoing need for outdoor dining and plan for the expiration of emergency ordinance, Town Council directed the Planning Commission to consider text amendments that would allow outdoor dining on a more permanent basis, without the need to receive a conditional use permit. The Planning Commission held a public hearing on Nov. 3, 2021 and voted 6-0 to recommend approval of the text amendmen...
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