PLANNING and DEVELOPMENT

Zoning Ordinance Information & Amendments

Join an Upcoming Community Meeting on Proposed Outdoor Dining Regulations

Are you interested in learning more about the County's proposed outdoor dining regulations?

Join County staff at one of two upcoming virtual community meetings to learn more. The meetings are scheduled for Wednesday, August 9 at 10:00 a.m. and Tuesday, August 15 at 3:00 p.m. and will be held on Microsoft Teams. Agenda items include an overview of the proposed regulations, along with discussion and time for questions and comments to be addressed. Links to join the meetings are included on the Outdoor Dining website under "Upcoming Meetings." A cover memo and draft text have been released and are available for public review. 

The proposed draft includes the following:

• Definition: Add a new definition classifying outdoor dining as an accessory use and prohibiting permanent structures associated with the use. 
• Permitted Zoning Districts: Permit outdoor dining in all zoning districts as an accessory use, unless expressly prohibited by any applicable proffered condition, development condition, or special permit or special exception approval.
• Size: Continue allowing outdoor dining located on impervious areas, such as existing patios or sidewalks of a private property by right, provided any single outdoor dining area does not exceed 50 percent of the indoor dining floor area of the establishment. An advertised range from 25 to 75 percent will be included for consideration.
• Access: The outdoor dining area, including any furniture, enclosure, or tent, must not obstruct any fire equipment, building entrance or exit or any other area marked or designated for emergency egress or ADA accessibility, or pedestrian passage on any trail or sidewalk. 
• Permit Requirement: Any outdoor dining located in a parking lot will be permitted only with the issuance of an Administrative Permit by the Zoning Administrator, subject to a one-time application fee of $205.
• Hours of Operation: In order to mitigate potential noise issues related to activities in outdoor dining areas, the hours of operation must generally conform to the business hours of the principal use, but in no event may the outdoor dining occur before 7:00 a.m. or after 10:00 p.m. when the outdoor dining area itself is located directly adjacent to single-family development or as otherwise approved by the Board in conjunction with a rezoning or other action before the Board. 
• Parking: No additional parking will be required for outdoor dining, regardless of its size or location (consistent with the proposal in the Parking Reimagined Project).

Please contact Lily Yegazu at 703-324-1314 or lily.yegazu@fairfaxcounty.gov with any questions or comments.