Code Amendment

The full code amendment adopted on June 6, 2022 may be viewed here: https://library.municode.com/va/vienna/ordinances/code_of_ordinances?nodeId=1154003

The code amendment was effective June 18, 2022, 10 days after the amendment was posted publicly in the newspaper.

Establishments with temporary outdoor dining permits must apply for a permit within sixty days of the effective date of the ordinance.

The following is a summary of the changes included in the amended regulations, please refer to adopted code language for full regulations:

• added general provisions to all outdoor dining including references to other required approvals including site plan control provisions, fire marshal, and building code official.

• added references in the general provisions to the Town's noise ordinance and that amplified sound, including music, is not permitted outdoors without a conditional use permit.

• allow up to 12 seats outdoor to be approved administratively by staff with compliance of the general provisions.

• restrict outdoor dining locations to not be permitted within 60 feet from residentially zoned and utilized properties.

• added conditions to outdoor dining located between 60 to 75 feet from residentially zoned and utilized properties including: 

-  May not serve alcohol outside.

-  May not have servers outside.

-  May have no more than 8 seats.

-  Hours of operation ending at 7 pm

• added review criteria for the Planning Commission and Board of Zoning Appeals to utilize when considering conditional use permits for more than 12 outdoor seats including noise, light, parking, and protections from vehicles.

• allow annual approval of seasonal outdoor dining in off-street parking spaces from April 1 to October 31 with additional regulations (see adopted ordinance).