Permits to Expand Outdoor Dining

Repurposing private parking lots, landscaped areas, or other areas not previously used for seating may be allowed.

Apply for a Temporary Use Permit

• Public sidewalk adjacent to the business - Adequate public pedestrian clearances must be retained
• Public sidewalk adjacent to neighboring businesses - Must have documented consent from the neighboring property owner
• Public on-street parking spaces – This option is to be considered when no other options are available and when parking supply and demand can be met elsewhere. Details on the number of spaces utilized and the method to protect customers from moving vehicles in the adjacent travel lane must be considered

Appply for a Revocable Permit

In recognition of indoor capacity limits, the City is adopting the following temporary changes to standards, policies and procedures to maximize outdoor dining and bar consumption areas:

• Waived Fees: Submittal fees for revocable permits or temporary use permits to add outdoor dining areas or outdoor bar consumption areas are temporarily waived. Should the applicant wish to convert the temporary use of these areas to permanent areas, fees would be due at that time.
• Expedited Review Time: The review of revocable permits and temporary use permits will be expedited to every possible extent, providing “over the counter” review when possible.  Applications that require the review of multiple City Agencies will be reviewed within 2 to 3 business days.
• Parking Requirements: The City will not apply the standard 1 parking stall per 200 square feet of outdoor dining area requirement to temporary outdoor dining areas.  Temporary loss of required parking stalls to be utilized for outdoor dining areas is also permitted.  The facility must still provide required ADA parking stalls per Code.
• Expiration: approved temporary outdoor dining and consumption areas will expire on October 1, 2021. 

Application Requirements

City Staff will allow limited, basic information on the plans for temporary outdoor dining areas.  Site plans should include the following:

• Aerial photo showing the subject property, building location, on-site parking, and existing and proposed outdoor seating areas.
• Dimensions of new outdoor seating areas, including approximate square footage.  While the plans don’t need to illustrate precise table counts and locations, please remember that furnishing outdoor seating areas must meet social distancing standards from County and State health agencies.
• Revocable permit plans must document the minimum width of the adjacent public sidewalk to ensure ADA compliance.

Other Considerations

Temporary approval is set to expire on October 1, 2021, with the following considerations:

• Use of public parking stalls is subject to additional limitations which may potentially include only specific days of the week or times of day (e.g. Friday / Saturday evenings), and may be permitted for shorter periods of time (e.g. 30 or 60 day trial periods).
• All options are subject to local and State health restrictions.  New regulations affecting outdoor dining will supersede any approvals granted by the Planning Department.
• All outdoor dining areas must utilize a physical barrier (e.g. bollard and chain, railing, etc.) to demarcate dining areas from pedestrian and/or vehicular areas.
• The applicant must work with the City Clerk’s Office and County Health Department to modify liquor license premise plans and food services licenses.
• All permits granted under this program are revocable. Should the permit holder violate the City’s noise ordinance or provide insufficient parking for restaurant staff and patrons, and if the permit holder cannot mitigate concerns, the permit may be revoked.
• Should you wish to gain permanent use of your temporary outdoor seating area, please initiate a pre-application meeting with a Planner. It is likely that a formal application and review process will be required for permanent changes to your site.

Consideration for the assembly, construction, and ventilation of temporary structures is imperative when providing diners with temporary dining options. Therefore, dining and consumption businesses must determine their temporary structure classification of either Indoor or Outdoor.

Classifications for temporary structures are available on the Colorado Department of Public Health & Environment Temporary Outdoor Structures for Restaurants and Events webpage and honored by EPCPH.

Temporary structures assembled for occupancy on a CSPCD approved expanded outdoor dining space requires a CSFD Prescribed (Revocable) Permit for Temporary Membrane Structures and Tents. On the City’s webpage, additional information on Tents, Canopies, and Membrane Structures can be found.

NOTICE: Permits for temporary structures less than 2,400 square feet in size are free of charge.

General Requirements of Temporary Structures

• Structures capable of occupancy by more than one party must have a minimum of two (2) non-adjacent sides open enough to provide airflow through the structure. (Per EPCPH - Temporary Outdoor Structures for Restaurants and Events.)
• Structures, such as plastic domes, may be used for individual parties and must have adequate ventilation to allow for air circulation. (Per EPCPH)
• Structures must be weighted, anchored, or secured to the ground. (Per CSFD)
• Screwing, cutting, or drilling into a public right-of-way (street, sidewalk, etc.) is prohibited. (Per CSPCD)
• Temporary structures must have a fire-resistant certification or flame certification showing material is noncombustible; additional documentation specific to materials may also be required. (Per CSFD)
• Restauranteurs are responsible for determining when it is unsafe to occupy a temporary structure, for example, during high wind or heavy snowpack weather events. (General liability concern)
• Signage indicating entrances and exits must be visible at all times. (Per CSFD)
• Fire extinguishers must be accessible at all times. (Per CSFD)
• Cooking and food preparation is NOT ALLOWED within temporary structures. (Per EPCPH)

Devices using natural gas or liquid propane for heating temporary structures (per CSFD)

• ONLY ALLOWED WHEN APPROVED by the fire code official.
• External forced-air propane heaters explicitly designed to provide heat to temporary structures MAY BE ALLOWED when approved by the fire code official.
• Once approved by the fire code official, devices using natural gas or liquid propane:
  • Must be operated and placed in accordance with the manufacturer's listing, operating, and safety manuals/ instructions.
  • Must be operated by employees trained in proper propane fuel tank/bottle/cylinder installation and propane leak detection.
  • MUST have propane tank/bottle/cylinder (cylinder) valves turned to the OFF position when not in use.
  • MUST NOT have their propane cylinders stored in buildings intended for occupancy, including but not limited to basements, interior closets, and storage rooms.
  • MAY store no more than fifteen (15), twenty-pound (20-lb) cylinders within a secured and tamper-proof area, such as a propane cage, detached shed, or other locations approved by the fire code ofcial. Additional storage may require a permit.

Devices using electricity for heating temporary structures (per CSFD)

• Must be operated in accordance with the manufacturer's listing, operating, and safety manuals/instructions.
• Must be positioned to prevent physical damage and not be a trip hazard.
• Must be unplugged when not in use (specific to portable electric heating devices only).
• Must use extension cords sized to accommodate the electrical demand.
• New outlets or hard-wired connections may require a permit through Pikes Peak Regional Building Department.

Devices using natural gas or liquid propane for heating temporary structures (per CSFD)

• As approved by the fire code ofcial (including portable outdoor fire pits).
• Must be operated in accordance with the manufacturer's listing, operating, and safety manuals/instructions.
• Must be operated by employees trained in proper propane fuel tank/bottle/cylinder installation and propane leak detection.
• Heaters Must be placed at least five feet (5') from combustible materials (buildings, furniture, etc.), or more, when indicated in the manufacturer's instructions.
• MUST have propane tank/bottle/cylinder (cylinder) valves turned to the OFF position when not in use.
• MUST NOT have their propane cylinders stored in buildings intended for occupancy, including but not limited to basements, interior closets, and storage rooms.
• MAY store no more than fifteen (15), twenty-pound (20-lb) cylinders within a secured and tamper-proof area, such as a propane cage, detached shed, or other locations approved by the fire code ofcial. Additional storage may require a permit.

Devices using electricity for heating temporary structures (per CSFD)

• Must be operated in accordance with the manufacturer's listing, operating, and safety manuals/instructions.
• Must be positioned to prevent physical damage and not be a trip hazard.
• Must be unplugged when not in use (specific to portable electric heating devices only.
• Must use extension cords sized to accommodate the electrical demand.
• New outlets or hard-wired connections may require a permit through Pikes Peak Regional Building Department.