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During the pandemic, the city created a temporary outdoor dining program to make it easier for bars and restaurants to operate outside. The program relaxed existing regulations for patios, such as zoning and rules for private use of the public right-of-way.
This temporary program ends on October 31, 2022, after which the city will no longer accept new applications for temporary outdoor expansion areas.
As the temporary program winds down, the city is working to develop a permanent Outdoor Places Program.
You are receiving this email because you currently have - or have recently held - an active permit for a temporary outdoor expansion area or you have expressed interest in helping develop the permanent program.
What's next?
Patios in the Public Right of Way - Above and Below the Curb
Businesses whose outdoor dining areas are in the public right of way and that adhere to the city’s guidelines for temporary outdoor dining setups will be eligible to apply for a permit extension valid for six months, instead of what was previously three months, from November 1, 2022, to April 30, 2023. The permit cost is $100.00.
Above the Curb
Above curb patios are located in the public right-of-way but do not occupy on-street parking or vehicle travel lanes. They are typically located on sidewalks or tree lawns. The city will release permanent rules governing “above the curb” patio locations in the coming weeks. The permanent rules may differ from the temporary program, so businesses with above curb patio setups will have an opportunity to apply to the permanent program before temporary permits end on April 30, 2023.
Below the Curb
Permits for temporary patio locations “below the curb,” such as those in parking lanes and travel lanes, will have a subsequent six-month extension opportunity after April 30, 2023 since guidelines for these patios will be coming later in 2023.
Patios on Private Property
Businesses whose patios are on private property can continue to keep their outdoor patios through April 30, 2023 if they continue to notify neighbors of their temporary patio via a public posting. Instructions on public notification have been emailed to businesses participating in the temporary program. Note that businesses with patios on private property may be subject to a Needs and Desires Hearing, as directed by the Department of Excise and Licenses. For any questions, email tempexpand@denver.gov.
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