Temporary Patio Extension Program

The Town of Parker, through Emergency Order 17-2020 and Emergency Order 19-2020, has created a temporary program to allow restaurants and bars to extend patios onto front and side yard setback areas, public or private sidewalks and private parking lots, during such time as the State or any local Public Health Agency Orders impose occupancy limits and specific physical distancing requirements on restaurants. The intent of this program is to provide some measure of relief to restaurants by allowing additional occupancy and seating that allows for physical distancing and the safety of their patrons.

Businesses with eligible projects may apply for the required Temporary Use Permit through eTRAKiT or may fill out an online form application. In addition to the Temporary Use Permit, if your business has a liquor license and needs a Temporary Modification of Premises Permit as it relates to COVID-19, you will need to contact the Town Clerk’s office at 303.805.3198. 

This program allows for:

Patio Extensions

Applicants may reserve and create space for accessory outdoor dining and patios with table seating in connection with a permitted restaurant or bar. Patio extensions may be in:

• Private Parking Lots: A maximum of 33 percent or one-third of existing private parking lots may be utilized for a restaurant patio extension for a currently permitted restaurant, subject to the written approval of the of the owner of the parking lot.  
• Private Yards: A maximum of 25 percent or one-quarter of existing front and side yards of an existing lot located in the Greater Downtown District.  
• Private Sidewalks and Paths: A clear travel path of 3-feet in width and meeting ADA accessible path requirements must be maintained, subject to the written approval of the of the owner of the sidewalk/path.
• Public Sidewalks: A clear travel path of 5-feet in width and meeting ADA accessible path requirements must be maintained and is subject to a license agreement approved by the Town.

Temporary Structures and Fences

• Small  Tents (<400 s.f.): Small tents of 400 s.f. or less are permitted on a temporary basis.  Where tents are proposed, the Town encourages the use of tents having a total area of 400 s.f. or less to streamline review and approval.  
• Large  Tents (>400 s.f.): Tents that are larger than 400 s.f. are subject to additional building/fire code requirements (2018 IFC Chapter 31), greater submittal requirements and a review process that is more extensive than that for small tents of 400 s.f. or less
• Temporary Fences: Fences of a temporary nature with a maximum height of 6-feet may be installed in connection with a patio extension, subject to the written approval of the property owner.  All fencing, if installed, shall meet IBC/IFC access requirements including for egress.
• Temporary Lighting: Lighting of a temporary nature may be permitted in connection with a patio extension, subject to compliance with the electrical code. 

Hours of Operation

Temporary patio extensions authorized under this Order are required to close by 10:00 p.m.  

No Entertainment/Standing Areas

Outdoor patios established under this program can only be used for sit-down dining or customer pick-up and carry-out service.

Patio extensions cannot be used for activities that would promote congregating, involve shared equipment, or amplify sound, including but not limited to:

• Standing areas
• Live music
• Outdoor games
• Music over speakers
• Movies 
• Broadcast sports
• Pets, except as provided in the Americans with Disabilities Act

Required Approvals and Permits

In order to take advantage of this program, the business owner will have to apply for/obtain a temporary use permit and provide the Town with the following:

• Businesses with Approved Liquor License: A sketch plan of the patio extension proposal for review. The plan should be dimensioned and depict the location of the patio extension; its relationship to your building; access to and required egress (exit) from the patio; layout of tables, chairs, serving stations; and spacing for required social distancing.
• Businesses without Approved Liquor License: A sketch plan of the patio extension proposal for review or arrange for an on-site consultation/inspection with the Town staff prior to installation of a patio extension. The plan should be dimensioned and depict the location of the patio extension; its relationship to your building; access to and required egress (exit) from the patio; layout of tables, chairs, serving stations; and spacing for required social distancing.

Restaurants shall be responsible for scheduling required inspections prior to use of a patio extension. There will be no fees in association with these applications.