Annapolis restaurants could see a permanent policy allowing them to establish outdoor dining during the spring and summer months.

The legislation, sponsored by Alderman Ross Arnett, a Democrat representing Ward 8, outlines the rules needed for seasonal outdoor dining, something the city has authorized by resolution for the past three years. Other forms of outdoor dining — sidewalk cafes and rooftop dining — are already allowed. The city also leases seasonal parklets, or dining in city-owned parking spaces.

Restaurant owners would go through the Board of Appeals, a quasi-judicial commission, to convert parking spaces or streets to expand their dining services seasonally. The legislation is co-sponsored by council members Karma O’Neill, representing Ward 2, and Rob Savidge, representing Ward 7, both Democrats.

“The benefit for restaurants that just want to do this temporarily during the warm months is you go through the special exception process, but you don’t have to go through all of this starting from scratch, permitting for your restaurant; the special exception gives them a pass on their parking requirements for the warm months,” Arnett said Monday.

The city has authorized a similar practice for years, evolving from early pandemic-era policy. In June 2020, the city established what were known as recovery zones, or outdoor dining areas where restaurants and other businesses could operate because of indoor capacity limits. A year later, legislation extended the temporary uses and parking restrictions for outdoor dining and shopping options.

The council extended the practice again in 2022 but also asked the city manager to study the impact of outdoor dining and the loss of restaurant parking. That study, by BAE Urban Economics, a California-based real estate firm, led the city to conclude that outdoor dining “provid[ed] broader economic value” and additional seating “positively impacted the participating businesses’ bottom lines” and “may be essential to their long-term survival.”

The new legislation would allow seasonal outdoor dining between April 15 and Nov. 1. Permits could be obtained for a minimum of three months and a maximum of six months, according to the legislative summary. Alcohol licenses would also be expanded to account for the extra seating. There is no restriction on renewing that permit during the season.

Permits for seasonal parking lot dining in private restaurant parking lots would go through the Department of Planning and Zoning while sidewalk and street cafes in public streets would go through the Department of Public Works.

The downtown area around Market Space — defined in the legislation as being between Fleet and Pinkney streets and Pinkney and Randall streets — is exempted from the legislation.

“First of all, that’s city property, and it is both roadway and parking, and the roadway is closed, and that is all done under a special contract with the Department of Public Works…,” Arnett said. Inner West Street between Church Circle and Cathedral Street is exempt for similar reasons.

The legislation also adds a fund to “support efforts to expand and make safer non-automobile transportation” separate from “traditional bus transit funding,” the legislation states. This infrastructure could include cycling and pedestrian infrastructure, sidewalks and walkway construction and maintenance, and micro-transportation infrastructure.

Fees collected from outdoor dining permits, which have yet to be set, would go into this account, according to Arnett.

Arnett said that he wants a final vote on the legislation by the end of the year. However, the council introduced a resolution that could extend the pilot program for another year if that does not happen.

“Restaurants start planning their outdoor dining in January at the latest, because they have to plan on increases in staff, increases on tables and silverware, and increases on food orders and those sorts of things. So, we may have to do another continuing resolution, depending on how long this takes to get through the process,” he said.

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