Fairfax Supervisors Allow Heated, Enclosed Tents At Businesses

FAIRFAX COUNTY, VA — Cold weather is on the way, and open air outdoor dining might not be as comfortable as it was in the summer months. To help businesses continue operating during the COVID-19 pandemic in the colder months, the Fairfax County Board of Supervisors approved use of enclosed, heated tents during Tuesday's meeting.

The board's action extends the ordinance temporarily allowing restaurants and exercise facilities for use of outdoor spaces since late May, when Northern Virginia entered phase one of the governor's reopening plan. The key different this time is the allowance of tents with sides and provisions about the use of heaters inside and outside of tents. Businesses have been allowed to use open-sided tents outside their storefronts since late May.

The amendment to the ordinance was introduced by Chairman Jeff McKay in late September for supervisors to consider in an Oct. 20 public hearing.

"Allowing tents to be enclosed and expressly allowing the use of heaters will promote the ability of establishments to continue in business while following social distancing requirements," reads a portion of the ordinance.

Under normal circumstances, businesses would typically need to apply for outdoor dining and outdoor fitness and exercise allowances. But the ordinance approved by the board means businesses do not need individual approvals for such activities. Businesses must meet certain conditions, including the governor's reopening guidelines. All of Virginia is in phase three of the reopening plan.

As stated in the ordinance, it will remain in effect no more than six months after the Board of Supervisors ends the local declaration of emergency. Within six months of the declaration of emergency ending, the board will opt to repeal the ordinance.

Since the Board of Supervisors first adopted the ordinance in May, the Towns of Herndon, Vienna and Clifton have had the options of adopting their own ordinances or being subject to the county ordinance.

The full county ordinance with the new closed tent allowance is available on page 52 of the board meeting agenda.