Installation of outdoor dining areas.
Norfolk City Code § 42-12.1
in effectSec. 42-12.1. - Installation of outdoor dining areas.
(a) Definitions. The following terms as used in this section shall have the meanings set forth herein.
(1) Outdoor dining area. A space located entirely within the public right-of-way, including all structural elements associated therewith, designed to be used for outdoor dining as an ancillary activity related to the operation of a nearby restaurant.
(2) Pop-up space. An outdoor dining area designed to be used for no longer than seventy-two (72) consecutive hours.
(3) Seasonal space. An outdoor dining area designed to be used for no longer than four (4) consecutive months.
(4) Semi-permanent space. An outdoor dining area designed to be used for no longer than three (3) consecutive years.
(b) Approval.
(1) Approval by ordinance. An encroachment or obstruction that is otherwise unlawful under the general prohibitions set forth in section 42-10 may be authorized by ordinance approved by the city council, subject to all appliable limitations of state law.
(2) Approval by permit. An application for a permit allowing an encroachment in the public right-of-way in the manner proposed by the application, submitted in accordance with the requirements of subsection (d), below, shall be issued when it is determined that the proposal satisfies all of the installation requirements set forth in subsection (e), below, as well as all other applicable guidelines, regulations, requirements, and laws. The right-of-way management division of the department of public works may require that the application be reviewed by any other department or division of the city that the right-of-way management division determines may have information relevant to evaluating the application's compliance with said installation requirements. An approval issued under this section shall only authorize the encroachment into the public right-of-way as proposed in the application and shall not be deemed to grant any other approvals or permissions that might be required by other provisions of law, including the uniform statewide building code, fire prevention code, or food safety code.
(c) Prohibited and restricted activities. The following prohibitions and restrictions apply to all approvals for any outdoor dining area, whether granted by ordinance or permit:
(1) No use of the area for any purpose shall occur between the hours of 11:00 p.m. and 7:00 a.m. the following morning.
(2) Seating must be provided for a minimum of eighty (80) percent of the occupant capacity of the outdoor dining area.
(3) No entertainment or amplified music or other sound shall be provided anywhere in the outdoor dining area.
(4) No smoking or vaping shall occur in any outdoor dining area.
(5) No food shall be cooked on an open flame in any outdoor dining area.
(6) No outdoor dining area shall be occupied in excess of the maximum occupant load identified either in the permit issued pursuant to this section or established pursuant to other provision of law.
(d) Application requirements. Notwithstanding the general prohibitions set forth in section 42-10, the director of the department of public works, or the director's designee, is authorized to approve the placement or installation of structures allowing them to encroach in the public right-of-way for the purpose of creating an outdoor dining area. The director may establish reasonable requirements for the submission and review of a permit application, including but not limited to drawings, specifications, elevations, and surveys stamped by a surveyor registered with the Commonwealth of Virginia, and also shall require the following information from the applicant:
(1) Written documentation from the owner of the property where the restaurant affiliated with the outdoor dining area is located acknowledging no objection to the application.
(2) For any application for a seasonal space or semi-permanent space, an operation and management requirements agreement defining the duties and responsibilities of the operator of the proposed outdoor dining area, in a form established and approved by both the director of the department of public works and the city attorney, signed by the operator.
(3) Wherever the outdoor dining area is located such that other permits or approvals are needed for its lawful placement or installation, written documentation that all such other approvals have been granted.
(4) Payment of any fee established by the city council for the outdoor dining area shown in the application submittal.
(e) Installation requirements.
(1) Location and dimension. Every outdoor dining area shall conform to the following location restrictions:
(A) No area shall be located in or adjacent to a street that has a posted speed limit greater than twenty-five (25) miles per hour.
(B) No portion of any area shall be located in a manner that would restrict the width of unobstructed space for pedestrian access around it to less than six (6) feet.
(C) The maximum allowable length of any area shall equal the width of the lot where the affiliated restaurant is located.
(D) Nothing shall be placed or constructed in the area that:
(i) Interferes with a defined fire lane, vehicular traffic, turning radii, or maneuvering areas.
(ii) Adversely affects the health of existing vegetated plantings or trees.
(iii) Impairs safe emergency egress from any building.
(2) Signage. All signage affixed to or located in any outdoor dining area shall conform to the following limitations:
(A) The aggregate, maximum area of the sign face of all signage shall not exceed two (2) square feet.
(B) The structure and message of every sign shall be composed of permanent materials.
(C) No temporary materials shall be used for any portion of any sign.
(3) Limit on number. No more than one outdoor dining area may be affiliated with a single restaurant. No affiliated restaurant shall be permitted for more than five (5) pop-up spaces in any single calendar year.
(4) Other safety measures.
(A) Any feature of the outdoor dining area that constitutes a hazard to pedestrian or vehicular travel is prohibited and shall be removed.
(B) The permittee shall be responsible for maintaining all areas within the outdoor dining area and within ten (10) feet on all sides, other than the side facing the street, so as to keep such areas free of litter, refuse, and both solid and liquid waste.
(C) For any electrical service connected to a semi-permanent space, wiring running to the space must be installed withing a conduit located under the sidewalk, in accordance with applicable electrical codes.
(D) The director of the department of public works is expressly authorized to impose conditions designed to protect and promote public safety on any approved permit, including requiring the immediate removal of the outdoor dining area structure in order to accommodate special events, street or sidewalk repair work, or emergency conditions, and the permittee shall comply with all such conditions.
(f) Expiration and renewal.
(1) Every permit authorizing a pop-up space shall expire seventy-two (72) hours after the date and time it is made effective.
(2) Every permit authorizing a seasonal space shall expire three (3) months after the date it is made effective, but may be renewed as many as two (2) times, provided that the request for renewal is made before the applicable expiration date.
(3) Every permit authorizing a semi-permanent space shall expire three (3) years after the date it is made effective but may be renewed, provided that the request for renewal is made before the applicable expiration date.
(4) In the event that a fee schedule adopted by the city council requires the periodic payment of a usage fee to either maintain an existing permit or renew a permit, the failure to timely pay such fee shall constitute an expiration of the permission to use or maintain the outdoor dining area and also a violation subject to the penalty set forth in subsection (i), below.
(5) No request for renewal shall be granted except when all elements of the structure of the outdoor dining area are found to be in compliance with all applicable regulations and guidelines and, notwithstanding such compliance, may be denied at the pleasure of the city.
(g) Insurance required. Any person issued a permit authorizing the placement or installation of an outdoor dining area shall maintain a comprehensive public liability insurance policy for personal injury or death and for property damage occasioned by reason of the installation, operation, maintenance or any other condition associated with the outdoor dining area with minimum policy limits of one million dollars ($1,000,000.00) for bodily injury or death to one or more persons in any one accident or event and fifty thousand dollars ($50,000.00) for damage to property resulting from any one accident or event. The policy shall include the City of Norfolk as an additional insured. Evidence that such policy is satisfactory and in effect shall include a certificate of insurance or a policy endorsement by and with an insurance company licensed to do business in the Commonwealth of Virginia and shall be furnished to the city's risk manager after issuance of the permit but prior to the commencement of any construction of the outdoor dining area.
(h) Removal. The permittee shall remove all elements associated with the placement or installation of a permitted outdoor dining area within three (3) business days after expiration of the permit. All areas of pavement, sidewalk, or other infrastructure and all areas of landscaping that were altered as a result of the placement or installation shall be repaired to match or exceed the quality of their condition prior to such placement or installation, subject to approval of the city's department of public works. In the event the removal is not timely completed, all such elements that are not removed shall be deemed abandoned and the city may remove them and charge the permittee for the actual costs incurred to remove the outdoor dining area and restore the area to a safe and suitable condition, which costs the permittee shall be required to pay.
(i) Penalty. Every violation of any provision or requirement set forth in this section and every violation of the terms of a permit issued pursuant to this section, including any term establishing a deadline for the completion of the construction of an outdoor dining area, shall constitute a Class 1 misdemeanor. Each day that the violation exists shall constitute a separate offense.
(Ord. No. 45,623, § 1, 7-8-14; Ord. No. 48,300, § 1, 2-9-21; Ord. No. 49,158, § 1, 4-25-23)
Source: City of Norfolk, Virginia, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/va/norfolk/codes/code_of_ordinances?nodeId=COCI_CH42STSI_ARTIINGE_S42-12.1INOUDIARFetched: 11/1/2026