May 28, 2020  

Fairfax County Approves Use of Outdoor Space for Restaurants and Exercise Facilities During Phase One

coronavirus (COVID-19) update from Fairfax County

Posted at 5:08 p.m.

The Fairfax County Board of Supervisors approved emergency rules today that will allow restaurants and exercise facilities to reopen outside under the state’s Phase I guidelines. The ordinance takes effect immediately now that Gov. Northam has announced the county will enter Phase One of reopening tomorrow, Friday, May 29.

This action was necessary because the county does not typically permit restaurants and exercise facilities to operate outside in parking lots without express approval. As a result of the board’s action, these businesses will be able to do so without the need for any additional county approvals provided that they meet the requirements listed below.

In addition, the board also approved a blanket approval for individual Virginia ABC license applications. The board enacted these emergency laws during its May 28 meeting.

As Phase One begins in Fairfax County, our hope is this emergency ordinance will give many business owners the flexibility to open their doors with public health and safety central to their operations,” said Fairfax County Board of Supervisors Chairman Jeffrey C. McKay. “As we continue working to meet the governor’s metrics and move towards reopening our economy, we will not lose sight of our ultimate goal: working together to protect ourselves and our neighbors through the safety measures given by the Health Department and CDC.”

Fairfax County's Board of Supervisors has approved emergency rules that will allow restaurants and exercise facilities to reopen outside under Virginia's Phase I guidelines. Click To Tweet

Outdoor Use Guidelines

Following the Virginia Forward Phase One guidelines, the county’s ordinance limits outdoor use to 50% of a restaurant or exercise facility’s permitted interior occupancy. Permitted outdoor spaces include existing patios, sidewalks and paved parking spaces.

Business owners must work with property owners for approval to use these spaces, while ensuring the outdoor spaces do not interfere with pedestrian or vehicular traffic.

The ordinance defines restaurants to include brewery and winery tasting rooms — but these breweries and wineries must follow existing food-service restrictions. Exercise facilities include gyms, fitness centers, recreation centers and sports facilities.

Businesses must follow the state’s industry-specific guidelines for reopening, and in addition, the county’s ordinance sets additional conditions on the location and operations for outside restaurants and exercise facilities.

Location and Operation Conditions

Location requirements include:

  • Clearly marking the area outside with cordons or markings.
  • Placing outdoor dining areas entirely on hard surfaces, such as existing patios, sidewalks and paved parking spaces.
  • Prohibiting permanent physical alterations to outdoor spaces, including the building of elevated decks or new paved surfaces.
  • Ensuring that adequate on-site parking is maintained, including for people with disabilities.
  • Allowing outdoor exercise in parking areas or adjacent open space.

Operational requirements include:

  • Ensuring that tables, chairs, umbrellas, lighting and other accessories are removable and maintained in good appearance and repair.
  • Ensuring that any temporary tents or canopies are open on all sides and securely anchored. Tents that are 900 square feet or less do not require a permit from the Fire Marshal, but tents larger than this size do.
  • No outdoor entertainment activities are permitted.
  • All activities are subject to the Noise Ordinance.
  • No additional business signs and advertisements are permitted except as permitted under Article 12, Signs, of the Zoning Ordinance.
  • The outdoor area must be kept free of trash and debris.
  • The outdoor are must be accessible to disabled patrons.

Visit this webpage for guidance to determine a business’s maximum occupancy.

For additional information or questions, contact the Department of Planning and Development at 703-324-1359, TTY 711, or by email.

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Official emergency information about preparedness, response and recovery from Fairfax County Government.