Temporary Outdoor Dining Program - Response to COVID-19

Phoenix City Council has approved the creation of temporary outdoor dining and alcohol consumption areas to support businesses who wish to implement outdoor dining areas to meet social distancing requirements and recommendations.  The temporary outdoor dining program will be accomplished by issuing an Emergency Declaration Temporary Outdoor Dining Administrative Temporary Use Permit (ATUP) at no fee to qualified applicants.

Program Information:

During the time period covered by the City of Phoenix's Local Emergency Declaration (in response to the COVID-19 Pandemic), restaurants located within a zoning district that permits outdoor dining and alcohol consumption will be able to expand an existing outdoor dining area without a use-permit hearing if the restaurant operator secures an Emergency Declaration Administrative Temporary Use Permit (ATUP).   There is no fee for the Emergency Declaration ATUP which permits a temporary outdoor dining until the Phoenix City Council rescinds the Local Emergency Declaration or upon revocation of the Emergency Declaration ATUP.

Restaurants that do not have an existing outdoor dining area shall be permitted to establish one through the Emergency Declaration ATUP process, so long as they are not within 500-feet of a residential zoning district boundary.  In addition to the 500-feet, restaurants within C-1 zoned property may only expand alcohol sales if they have an approved use permit for the overall restaurant for alcohol beverage consumption and comply with Arizona State Liquor Board regulations.

An applicant wishing to expand or create outdoor dining areas in accordance with the Emergency Declaration ATUP allowances must provide the following:

  • Written authorization from the property owner authorizing use of the expanded area.  If the expanded area includes public right-of-way, a Revocable Permit will be needed from the Street Transportation Department for the portion of the dining area located in the public right-of-way;
  • A site plan/sketch depicting the proposed outdoor dining area layout with dimensions.  Note that any permanent structures (i.e. fencing) being constructed in conjunction with this temporary permit will require a building permit.  If permanent structures are part of your plan, submit a site plan/sketch showing interior and exterior dimensions and occupancy loads, structure dimensions, construction materials and anchoring information;
  • If the request is to allow alcohol consumption in the expanded dining area, include a copy of the Temporary Extension of Premises application submitted to the Arizona State Liquor Board; and
  • A current aerial photograph of the subject property with the temporary outdoor dining area delineated.

For more information or to submit an application please email zoning@phoenix.gov.

 

Resources:

Emergency Declaration Temporary Outdoor Dining ATUP (PDF)

City Council Action Authorizing Temporary Outdoor Dining Program (PDF)– No Fee

Link to Aerial Map                                                    

Revocable Permit Application                           

Building Permit Information                               

Maricopa County Assessor (APN information)