Temporary Program

• On March 12, 2022, City Council voted to extend the temporary outdoor business permits program (Ordinance 5424) that was originally adopted in November 2020 (Ordinance 5313) through September 30, 2022, allowing the continuation of dining and retail in on-street parking spaces, on sidewalks and in private parking lots. Businesses are required to transition to the permanent programs with new approvals by that time. 

  • Restaurants may operate in on-street parking spaces, sidewalks or in privately-owned parking lots.
  • Retail operations may operate in on-street parking spaces and privately-owned parking lots.
    • Retail operations may now have displays and sales on sidewalks outside their businesses as a permitted use during opening hours and by providing at least five feet of clearance on sidewalks for pedestrians.
• Requests for temporary outdoor permits must be reviewed by the Department of Planning & Zoning. There is no fee for these requests. Contact Alexa Powell with questions. Forms can be accessed below:
  • Outdoor Dining Request
  • Outdoor Retail Business Request

permanent program and contact information

• Businesses are encouraged to contact the relevant City staff prior to September 30 to learn what is involved in making outdoor business arrangements permanent:

  • Commercial parklets for dining and retail. A commercial parklet permit will be required to continue use of an on-street parking space in compliance with Parklet Requirements. Parklet fees will apply beginning October 1, 2022. Contact Max DeVilliers or visit the City's Parklet website for more information. 

  • Sidewalk dining along the King Street corridor. This continues with a renewal or approval of a King Street Outdoor Dining (KSOD) Permit. For those who have participated in the KSOD program in the past, only a renewal is required, which includes submission of an updated Certificate of Insurance. KSOD fees continue to be waived for the 2022-2023 permit season. Contact Patrick Silva for assistance.

  • Sidewalk dining in all other areas of the city. If you expanded your sidewalk dining, it is possible that an amendment to your Special Use Permit (SUP) amendments will be required. Contact Ann Horowitz to learn if you will need to amend your SUP.

  • Sidewalk dining in privately-owned parking lots. This opportunity continues with an amendment to your Special Use Permit. Ann Horowitz and her team can provide guidance on this option.

  • Commercial use of tents. If your tent has been installed for 180 days or more, it must now be removed and a new tent installed subject to a new Fire Prevention Permit. Current tents approved through a Fire Prevention Permit and in place for 180 days as of September 30 may remain. Please note that all tents on public sidewalks and in public on-street parking space will not be permitted past September 30. Russell Furr and his team of Fire Marshals can assist you with your permits and answer any questions.

  • A-frame sign use: Prior to the pandemic, the use of "A-frame" type signs on public sidewalks, streets, etc. was not permitted. The City suspended enforcement during the pandemic to allow businesses more opportunities to communicate with customers, such as instructions for picking up meals-to-go, etc. With the end of the emergency on September 30, enforcement will resume. 

  • Independent of the September 30 extension, here are additional updates:

    • Outdoor extension cords. The Fire Department asks for the discontinued use of outdoor extension cords to address safety issues and to comply with the Statewide Fire Code.

    • Short-term improvements to the 100 block of King Street. Katye North, Alex Block and Max Devilliers can address questions and updates on this exciting project.

    • Pilot program closure for the unit block of King Street. During its April Public Hearing, City Council approved a pilot program to close the unit block of King Street to traffic from Memorial Day until October 31.

2020 Business Recovery Program

In response to the COVID-19 pandemic emergency, City Council approved a series of ordinances between 2020 and 2021 to make permanent several of the emergency business measures allowed on a temporary basis through regulatory waivers in ordinance number 5313 and extended under 5372. It recognized, in its support of a September 2020 Zoning Text Amendment for Business Practical Updates (ZTA2020-00008), the economic benefits for businesses and the low potential for neighborhood impacts associated with easing certain Special Use Permit restrictions for restaurants, such as allowing off-premises alcohol sales and an unlimited number of delivery vehicles through SUP administrative approval. In response to widespread community and business support for the continuation of outdoor dining and retail in on-street parking spaces and on sidewalks, City Council approved a series of Zoning Ordinance and City Code text amendments in October 2021 to permanently close the 100 block of King Street and allow for the uses to operate similarly as permitted through the temporary outdoor programs. Requirements for permanent business use of on-street parking spaces, renamed as commercial parklets, were approved by the Traffic and Parking Board on November 15, 2021. The process for parklet approval includes an application, meeting with City staff, notification to neighboring businesses and property owners, and construction of decking which is flush with the sidewalk and curb.

As the April 1, 2022 temporary program expiration drew near, the business community indicated it could use more time to transition from the temporary business programs to the permanent ones, especially as it expended added effort and financial resources to stay viable during the onset of the Omicron variant. The extension approved March 2022 aligns with the recently extended date of the City’s declaration of local emergency and would provide restaurants and retailers the benefit of more time to submit applications for commercial parklets and construct the necessary decking for those who choose to continue use of on-street parking spaces. Restaurants that availed themselves of more dining on sidewalks or in private parking lots may find they need to apply for amendments to their SUPs, requiring an application and a minimum 30-day turnaround for administrative approval. In addition to the request for an extension of the business relief expiration date, amendments to the ordinance related to waivers of certain City regulations that are no longer required due to the 2020-2021 ordinances were included, which changed regulatory requirements in the City Code and Zoning Ordinance and made several temporary business relief programs permanently available.