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Home My Public Portal About2020_05_26_R067 Outdoor Dining for RestaurantsThe Town of Leesburg, Virginia RESOLUTION NO. 2020-067 PRESENTED: May26, 2020 ADOPTED: May26, 2020 A RESOLUTION: TEMPORARY MODIFICATION OF ZONING ORDINANCE REGULATIONS FOR TEMPORARY OUTDOOR DINING AREAS FOR EATING ESTABLISHMENTS TO PROMOTE SOCIAL DISTANCING DURING PHASE 1 RECOVERY FROM THE COVID-19 PANDEMIC WHEREAS, on March 12, 2020, the Governor of Virginia declared a state of emergency within the Commonwealth due to the novel coronavirus; and WHEREAS, the Governor has subsequently issued multiple orders of public health emergency imposing restrictions on the operations of restaurants and dining establishments; and WHEREAS, by Executive Order No. 61 dated May 8, 2020, the Governor announced the easing of certain temporary restrictions imposed by previous executive orders ("Phase l "), including the easing of business restrictions for restaurants, dining establishments, food courts, breweries, microbreweries, distilleries, wineries, and tasting rooms ("Eating Establishments"), in accordance with the Governor's Guidelines for All Business Sectors and sector-specific guidance for restaurant and beverage services; and WHEREAS, under Executive Order No. 62, the implementation of Phase 1 in Northern Virginia, including the Town of Leesburg, is set to commence on May 29, 2020; and WHEREAS, the Virginia Forward Phase One Guidelines for Restaurants and Beverage Services set forth mandatory requirements for operations and restrict on-site customers to outdoor spaces ("Temporary Outdoor Dining Areas"); and WHEREAS, the Town of Leesburg in Virginia seeks to be proactive by allowing Eating Establishments to take advantage of opportunities to promote Temporary Outdoor Dining Areas during Phase 1; and -2- A RESOLUTION: TEMPORARY MODIFICATION OF ZONING ORDINANCE REGULATIONS FOR TEMPORARY OUTDOOR DINING AREAS FOR EATING ESTABLISHMENTS TO PROMOTE SOCIAL DISTANCING DURING PHASE 1 RECOVERY FROM THE COVID-19 PANDEMIC WHEREAS, the Town of Leesburg Continuity of Government Ordinance adopted April 3, 2020, authorizes the Town Manager and the Town Council to take certain temporary actions to address the coronavirus emergency, including action to: waive or reduce fees; waive enforcement, in whole or in part, of any Town Ordinance; modify, limit, waive, suspend, or amend any Town program, service, function, process, or procedure deemed non-essential; and WHEREAS, at the Town Council business meeting on May 26, 2020 the Town Council considered appropriate measures to promote Temporary Outdoor Dining Areas for Eating Establishments during Phase 1 recovery in accordance with the Virginia Forward Phase One Guidelines; and WHEREAS, Town Council has determined that the following temporary measures will serve the public necessity, convenience, general welfare and good zoning practice during Phase 1. THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia that the following temporary use conditions shall apply to Temporary Outdoor Dining Areas: 1. Applicability: A Temporary Use Permit may be issued only to existing eating establishments to permit a Temporary Outdoor Dining Area for which no Zoning Permit has been issued as required in Zoning Ordinance Section 3.7.1 (When Permits Required). 2. Application Form: Temporary Outdoor Dining Areas shall be subject to a Temporary Use Permit and Use Exhibit. 3. Application Fees: There are no application fees for this Temporary Use Permit application. 4. Use Exhibit: The Use Exhibit (the "Exhibit") shall demonstrate the following: a. Use Limitations: The seating capacity of a Temporary Outdoor Dining Area shall be limited to no more than 50% of the occupancy load on the Certificate of Occupancy, while maintaining a minimum of six feet of physical distancing -3- A RESOLUTION: TEMPORARY MODIFICATION OF ZONING ORDINANCE REGULATIONS FOR TEMPORARY OUTDOOR DINING AREAS FOR EATING ESTABLISHMENTS TO PROMOTE SOCIAL DISTANCING DURING PHASE 1 RECOVERY FROM THE COVID-19 PANDEMIC between tables. A photocopy or photo of the Occupancy Certificate depicting the occupancy load shall be included with the Temporary Use Permit Application. b. Location Requirements: A Temporary Outdoor Dining Area must be located on existing hard surfaces, and shall not consume more than 50% of existing on-site parking facilities as qualified below. c. Seating Diagram: The Exhibit shall include a diagram that depicts the arrangement of tables and the number of associated seats. d. Parking Requirements: In lieu of the parking requirements of Zoning Ordinance Section 11.3 (Number of Parking Spaces Required), parking for a Temporary Outdoor Dining Area shall be based on the number of proposed outdoor seats at a ratio of one (1) space for every four (4) seats. The Exhibit shall include the calculation of the maximum number of seats and the resulting required parking spaces. However, a Temporary Outdoor Dining Area zoned B-1/H-1 is exempt from this requirement. e. Parking Provided: If applicable, the Exhibit shall demonstrate how required parking for Temporary Outdoor Dining Areas is provided on-site. Existing ADA spaces and access aisles shall be maintained. Temporary Shared Parking Agreements (the "Agreement") may be used to satisfy required outdoor seating parking. The Agreement must be in the form of a notarized document between property owners, and shall be provided with the Temporary Use Permit application. f. Emergency Access: The Exhibit shall demonstrate that appropriate fire and emergency access is maintained. g. Tents: The use of tents is permitted, but shall be limited to one (1) tent ofless than 900 square feet; tents may not have sides. Tents shall be depicted on the Exhibit. 5. ADA Compliance: It is the applicant's responsibility to comply with all applicable ADA requirements. 6. Beverage Control: Temporary Outdoor Dining Areas shall be subject to applicable Virginia Alcoholic Beverage Control regulations. 7. Noise Ordinance: Temporary Outdoor Dining Areas shall be subject to the Town Noise Ordinance. 8. Compliance with Executive Orders: The holder of a Temporary Use Permit must comply at all times with all applicable Executive Orders of the Governor of Virginia, whether issued before or after issuance of the Temporary Use Permit, including but not limited to the mandatory requirements of the Safer at Home Phase One: Restaurant and Beverage Services guidelines, as they may be amended by the Governor from time to time. In the event of any conflict between the terms of the Temporary Use Permit and the terms of any applicable Executive Order, the Executive Order shall control. -4- A RESOLUTION: TEMPORARY MODIFICATION OF ZONING ORDINANCE REGULATIONS FOR TEMPORARY OUTDOOR DINING AREAS FOR EATING ESTABLISHMENTS TO PROMOTE SOCIAL DISTANCING DURING PHASE 1 RECOVERY FROM THE COVID-19 PANDEMIC 9. Enforcement: It is the applicant's responsibility to comply with the Temporary Use Permit's conditions of approval. Noncompliance with the conditions of approval shall be enforced through Zoning Ordinance Article 17 (Enforcement and Penalties). and be it further RESOLVED, that applicable requirements of the Zoning Ordinance and of all applicable Town ordinances are waived or modified only to the limited extent described in this resolution, and shall remain in full force and effect in all other respects; and be it further RESOLVED, that these temporary use conditions shall become effective on May 29, 2020, unless a later date for implementation of Phase 1 recovery is ordered by the Governor of Virginia and applicable within the Town of Leesburg, in which case such implementation date shall become the effective date for these temporary use conditions; and be it further RESOLVED, that these temporary use conditions, and all issued Temporary Use Permits, shall be automatically suspended without further action by the Council in the event that an Executive Order is issued by the Governor which requires a return to Phase zero, or otherwise prohibits outdoor dining in the Town of Leesburg as described in this resolution. Such suspension shall continue for the duration of the prohibition unless otherwise modified by the Town Council; and be it further RESOLVED, that these temporary use conditions and all issued Temporary Use Permits shall expire upon the earliest of the following occurrences: (i) the effective date of any applicable Executive Order of the Governor which permits the resumption of indoor dining at full capacity; (ii) expiration of the Continuity of Government Order or its earlier repeal by the Town Council; or (iii) repeal of these temporary use conditions by Council. PASSED this 26th day of May, 2020. ATTEST: ~'73d'L.;> Clerk of Council LF\LeesburgRMS\Town_Clerk\Resolutions\2020\0526 Outdoor Dining for Restaurants