CITY OF DOVER
APPLICATIONS AND GUIDELINES
TEMPORARY USE OF EXPANDED OUTDOOR SEATING PER COVID 19
The Governor has provided guidance and procedures to allow food and drink establishments to apply to expand their outdoor seating for serving food and drink. The use of such areas is authorized starting June 1, 2020 and has been extended through subject to approval by the municipality or county of an application meeting all state requirements and the approval of the local government.
Any questions relating to business requirements should refer to the Delaware Division of Small Business. The food and drink establishment shall also be responsible for all federal or state permits and approvals, including but not limited to DPH, DABCC, DNREC or DelDOT, if applicable.
Please refer to the following from Delaware Division of Small Business: https://business.delaware.gov/wp-content/uploads/sites/118/2020/05/Outdoor-Seating-Application_FINAL.pdf
Link for Delaware small business guidance: https://business.delaware.gov/coronavirus/delawares-recovery-phase-1-guidance/
The City of Dover supports this initiative subject to the following policies and procedures:
To assist restaurants and businesses during COVID19 the City of Dover is accepting applications for outdoor seating and dining. The City will be proactive and will manage applications through an administrative permission process (permit)
- An application for temporary use of expanded outdoor seating must be applied for using this form.
- This application needs to be approved by the City of Dover Department of Planning and Inspections at which time an administrative permit will be issued.
- A City of Dover business license in good standing as a food service establishment must be in place at the time of application
- The location desired must have proper zoning in place to permit the establishment of a food service use
- The applicant must provide a sketch, drawing, aerial photo or similar document depicting area to be used. (include dimensions)
- The applicant must provide written certification of permission of the owner of the property to allow such use.
- The Office of the Fire Marshal will determine the Occupancy Class and Maximum Capacity allowed and provide a certification of same based on the drawing, and field inspection as necessary.
- All approved uses are to be considered temporary and to be removed once the State COVID 19 capacity limits are removed
- Each location will be considered on its own merit. The City at its discretion may impose additional requirements to ensure public health, safety and welfare.
- City approval does not imply approval by any federal or state entity having jurisdiction.
- City approval may be revoked at any time if requirements are not met.
Minimum Requirements
- All state or other regulations or approvals such as those imposed by the DE Board of Health, DE Alcoholic Beverage Control Commission, DelDOT, or others, are the responsibility of the applicant and must be fully complied with.
- Any area proposed to be use cannot block egress/ingress to any other part of the facility or as otherwise allowed by the Fire Marshal
- No blocking of access from a public street or roadway is permitted
- Cannot block or incorporate for use any fire lanes or limit access to fire hydrants or fire department connections
- Cannot block existing ADA capability or result in the loss of accessible parking
- Cannot block access to delivery zones, loading areas, dumpster access, “no parking” areas
- Cannot block drive aisles, turning areas, other vehicular ways; bicycle lanes or designated pedestrian walkways (minimum of 4 feet width must be maintained)
- Maximum allowable combined seating indoor and outdoor cannot exceed 100% of the pre-COVID19 approved indoor occupancy - the Intent is to address some portion of lost capacity but not to exceed what was initially permitted.
Eligible Location Options:
Pre-existing/pre-approved outdoor seating areas which were part of approved site plans are regulated by their in-place occupancy limits and may be used subject to state limitations on table spacing and access.
Existing sites with existing outdoor seating (patios, porches, decks or other paved areas) not having a pre-approved occupancy limit may be used, the occupancy limit for that space shall be determined by the Fire Marshal, subject to state limitations on table spacing and access.
Other spaces may be considered for additional outdoor dining (regardless of whether pre-existing spaces are considered) and could include:
- Other outside spaces associated with the primary use and on the same site including walkways, other paved areas, and grassed open spaces but excluding parking areas.
- Private or dedicated parking spaces/lots associated with the primary restaurant use, excluding any public streets or public parking lots and excluding drive aisles; (this option is limited to 30% of otherwise permitted/required parking so that both the minimum needs for the adjusted capacity plus an allowance for patrons waiting for reservations or take-out are met).
- Public streets and/or parking lots, subject to City and/or DelDOT requirements and approvals (by example: no more than three contiguous spaces on any block segment based on address, i.e. 300 block/400 block or no more than 10% of the total lot capacity). City approval is required from the City Manager and the Chief of Police.
Examples (these can be individual or combined and are offered as examples only):
Example A: An operator has a 100-person existing restaurant. Under state orders he must limit capacity to 30% (30 patrons) including his pre-existing outdoor patio. He has 1000 square feet of walks, paved areas and open space he wishes to use for additional temporary outdoor dining. Assuming he can meet spacing, fire and health requirements he may be allowed additional outdoor seating capacity as determined by the Fire Marshal.
Example B: An operator also has dedicated required parking (about 50 spaces) on his property. Because his facility is not at capacity and therefor would not need the total amount of parking required, he could also consider allocating a portion of those spaces for temporary outdoor dining assuming all other conditions are satisfied, and his total combined temporary occupancy does not exceed his original capacity of 100 patrons.
Example C: An operator has a portion of a public street adjacent to his property which includes designated parking spaces. He would like to have some of them next to his property set aside for outdoor seating. Depending on whether the street is a state-maintained roadway, consideration could be given to such dedication subject to determinations of safety, impact on street maintenance and trash collection functions, commitment to sanitation of the eating areas and other factors. Again, the occupancy limit shall be no greater than 100% of that permitted prior to COVID19. If the site is located in the DDD area of the City approval must also be obtained from the Downtown Dover Partnership.