Outdoor Dining Pilot Program Guidelines

The Outdoor Dining Pilot Program supports businesses by enabling outdoor seating on public and private property while ensuring compliance with Section 8-6-12, B.R.C, 1981. It builds on lessons from the COVID-19 pandemic and aims to enhance vibrancy and accessibility in Boulder’s commercial areas.

Key Definitions

• Restaurant – an establishment with a food preparation area, dining room equipment, and persons to prepare and serve, in consideration of payment, food, or drinks to guests.
• Brewpub – an establishment that is primarily a restaurant where malt liquor is manufactured on the premises as an accessory use. A brewpub may include some off-site distribution of its malt liquor consistent with state law.
• Tavern – an establishment serving malt, vinous, and spirituous liquors in which the principal business is the sale of such beverages at retail for consumption on the premises and where snacks are available for consumption on the premises.
• Winery – a use with a manufacturer or wholesaler license issued under § 44-3-401, et seq., C.R.S., and does not include any retail type liquor license under § 44-3-309, et seq., C.R.S., on the lot or parcel, that is primarily a manufacturing facility, where vinous liquors are manufactured, that may include a tasting room that is less than or equal to thirty percent of the total floor area of the facility or one thousand square feet, whichever is greater. Winery does not include a vintner’s restaurant licensed pursuant to § 44-3-422, C.R.S.
• Distillery – a use with a manufacturer or wholesaler license issued under § 44-3-401, et seq., C.R.S., and does not include any retail type liquor license under § 44-3-309, et seq., C.R.S., on the lot or parcel, that is primarily a manufacturing facility, where spirituous liquors are manufactured, that may include a tasting room that is less than or equal to thirty percent of the total floor area of the facility or one thousand square feet, whichever is greater.
• Parklet and/or Infrastructure – modular barrier and platform structures for assembly to be placed in the public right of way including on sidewalks and in on-street parking spaces, as well as on private property and to be used for outdoor dining.
• Right-of-Way (ROW) – areas meeting the definition of  Public right of way per Section 1.2.1, “Definitions,” B.R.C. 1981 include the entire area between property boundaries which is: owned by a government, dedicated to public use or impressed with an easement for public use; primarily used for pedestrian or vehicular travel; and publicly maintained, in whole or in part, for such use. Right of way includes, without limitation, the public street, shoulder, gutter, curb, sidewalk, sidewalk area, parking or parking strip and any other public way.

Who Can Apply

• Eligible Businesses: Restaurants, brewpubs, taverns, breweries, distilleries, or wineries (collectively referred to as “Eligible Businesses”) that have available public ROW within 150 feet of their entrances on the Pearl Street Mall proper or ROW directly fronting the building they are located within.
• Eligible Streets: Parklets are permitted on streets within Boulder city limits with speed limits of 30 mph or lower.
• Specific Locations: Some locations on the Pearl Street Mall (contact Reegan Brown at BrownR@bouldercolorado.gov for details).

Application Process and Requirements

1. The Outdoor Dining Pilot Program application window has expanded to allow applications at any time during the calendar year beginning Feb. 1, 2025.
   
2. Important Note: If applicant leases a parklet from the city (known as Option B; outlined below), the expected manufacturing timeline after application review and approval are complete can range from six (6) to twelve (12) weeks depending on our manufacturer’s workload.
   
3. Applications are for a permit with a term of three (3) years less one (1) day with an annual permit fee. Applicable license and permitting application fees also apply.
   
4. The application can be found on the Outdoor Dining Pilot Program webpage.
   
5. Guidance on the application process and required materials can be found on the Outdoor Dining Pilot Program webpage.
   
6. During the term of the permit, the permittee must notify city staff in advance of a change in the ownership of the property or change in the business entity operating in the outdoor dining area. A new application must be submitted and approved prior to such changes occurring, but especially before any new business entity operates a new business in the outdoor dining area. Staff to be notified include the following: licensingonline@bouldercolorado.gov, brownr@bouldercolorado.gov, and revocables@bouldercolorado.gov.

General Permitting and Insurance Requirements

1. Each operator shall have general liability, workers compensation, and employer’s general liability coverage meeting city and state standards and naming the city, its elected officials and employees as additional insureds.
   
2. Outdoor dining in the public right-of-way requires the business to enter into a City of Boulder Revocable Permit (Outdoor Seating Pilot Program).
   
3. Outdoor dining on private property requires the business to enter into an agreement with the city regarding compliance with program rules, conditions, and restrictions.

Design Guidelines for All Parklets

• Design: All design elements should enhance the existing downtown character and comply with the City of Boulder Downtown Urban Design Guidelines.
• Location:
  • Public Right-of-Way: Parklets may not be located within alleys, intersections, crosswalks, designated turn lanes, tapers, or bike lanes. Outdoor dining setups must follow the same rules as a parked or stopped vehicle outlined in Section 7-6-13, “Stopping or Parking Prohibited in Specified Place,” B.R.C. 1981.
  • Separation from Buildings: Parklets within the public right-of-way permitted under the Outdoor Dining Pilot Program must be detached and physically separated from the building occupied by the participating business. If a business seeks to install a patio structure that is directly attached to their building, they must apply for a Revocable Permit through the city’s standard permitting process, which is separate from the Outdoor Dining Pilot Program.
  • Emergency Access: If an emergency access lane is present, it must be kept clear. An emergency access is 20 feet wide and has a vertical clearance of 15 fee. Emergency access lanes, and easements shall be kept free and clear of all obstructions and meet all standards outlined in Chapter 10-8, “Fire Code,” B.R.C. 1981.
  • Utility Access: Tables, temporary enclosures (including parklets), chairs, barriers, carpet, and artificial turf may not obstruct access to manholes, valve boxes, drain pans along the curb, fire hydrants, building fire department connections, or storm water inlets. Parklets shall be located to avoid obstructing underground utility access including valves, manholes, communication and electrical transformer vaults.
  • ADA: Parklets must not interfere with clear access requirements.
• ADA: The business owner is responsible for making sure any parklet follows local and federal accessibility requirements.
  • Parking spaces for people with disabilities cannot be repurposed for outdoor dining.
  • Parklets must have either a smooth transition between the sidewalk and curb or a ramp to allow easy access and avoid tripping hazards. Ramps and transitions must meet ADA accessibility standards outlined in Chapters 3 and 4 of the U.S. Access Board’s Guide to the ADA Accessibility Standards (About the ADA Guides).
  • Parklets must have level, slip-resistant flooring.
  • The design of the parklet should direct patrons to access/egress on its sidewalk-facing side and ensure that the transition between the existing sidewalk and parklet is fully accessible.
  • 6’ clearance for adequate pedestrian access is required for sidewalks. Any outdoor infrastructure placed on the Pearl Street Mall is subject to larger clearance requirements.
• Size:
  • Area: The size limit for outdoor extensions is 500 sq ft. Eligible Businesses may be considered for a 100 sq ft minimum and 500 sq ft maximum. All permits are subject to review by city staff, at any time, based on participation levels on each block face. City staff reserves the right to adjust permitted square footage to maintain alignment with factors present in the Sustainability, Equity, and Resilience Framework.
  • Walls: Must be least 3 feet tall but less than 4 feet. The parklet cannot be enclosed.
• Structures:
  • High-quality and structurally complete parklets are required for the infrastructure as part of this program. Parklets are defined as modular barrier and platform (when applicable) structures with a painted or stained finish, built with high-quality, durable, and non-reflective materials in order to provide safe and effective spaces for outdoor dining.
  • Parklets shall not include roofs, due to wind loading and business visibility concerns.
  • All decks and platforms must be anchored to prevent movement from wind load.
  • Temporary enclosures shall be weighted, anchored, or secured to the ground, but cannot be anchored with stakes in the public right of way (i.e., on streets or sidewalks).
  • Any temporary structure shall be easily disassembled into separate pieces and moved through manual labor and standard pick-up trucks.
  • All structures for businesses with liquor licenses must demonstrate they can control their premise in accordance with state and local statutes, ordinances and rules. Walls, fencing, railings, or planters of at least 3 feet in height are required to create containment of the alcohol licensed premises. Rope fencing, lattice fencing, and jersey barriers do not meet the minimum control requirements.
  • All structures shall demonstrate compliance with City of Boulder’s adopted building codes including wind speeds. Per the Colorado Front Range Wind Table, the ultimate design wind speed shall be 165 mph for areas west of Broadway Street and 150 mph for areas east of Broadway Street.
• Flood and Stormwater:
  • Any structure located within a 100-year floodplain requires a floodplain development permit and must comply with 9-3-3, B.R.C. 1981. Please refer to the Floodplain Development Permits website (Floodplain Development Permits | City of Boulder) for more information. If you have additional floodplain related questions, please submit a request through Inquire Boulder (Inquire Boulder - Flood & Wetland Development).
• Businesses with potential outdoor dining locations in the high-hazard and conveyance zones are prohibited from participating in the Outdoor Dining Pilot Program because of the high flood risks associated with these locations.
• Items cannot be placed in a way that blocks stormwater flow through the city’s right of way. Any structures must be elevated (or on stilts) to let stormwater flow freely.
• Use & Furnishings:
  • Temporary outdoor patios must close by 10 p.m. Sunday through Thursday and by 11 p.m. Friday, Saturday, and federal holidays. Note: These hours apply to the new, temporary outdoor patio space only. Existing permanent patios that have been approved may follow the previously permitted hours.
  • The following items are allowed in outdoor seating areas:
    • Removable tables, benches, and chairs.
    • Umbrellas if they are anchored and do not obstruct pedestrian walkways.
    • Sunshades/shade sails are permissible as long as they are ballast appropriately, do not interfere with any public infrastructure including public trees, and have no electrical components attached to them.
    • Murals and art on barriers and containment devices (chalk cannot be used for murals).
    • Temporary lightweight items like umbrellas, small planters and other ornamental elements shall be removed nightly. Lightweight temporary tables and chairs shall also be brought in nightly unless they can be stacked and secured with steel cables or other suitable means to the city’s satisfaction. More substantial seating elements like picnic tables may remain overnight.
    • Outdoor dining areas shall not be used for storage.
    • No open flames shall be permitted.
    • No outdoor dining area shall include decorations or elements that pose a hazard (e.g., thorns, poisonous plants, sharp edges, tripping hazards, etc.)
• Heating:
  • Electric heaters are prohibited.
  • Gas heaters are discouraged, but, if utilized, shall comply with the following:
  • Must be used according to manufacturer’s installation and use instructions.
  • Minimum clearances between heaters and combustible material shall be maintained in accordance with the manufacture recommendations but never less than three feet. Must comply with all applicable fire code regulations. Spare propane tanks shall be stored outside, on grade, and in a suitable enclosure or otherwise protected against tampering. Protection means tanks are nested and tethered to the wall, ideally in cage enclosures. Tanks may not be located on rooftops.
  • Gas heaters and/or propane tanks shall not be placed under any shade sails.
  • Solid fuel heaters or burning devices (e.g., wood, pellets) and open flames (e.g., fire pits, candles) are NOT allowed under any circumstances.
• Electrical & Lighting:
  • Ornamental lighting with low wattage bulbs is permitted. No fixture may be greater than 50 lumens. Per the city’s sign code, lighting may not flash, move, rotate, scintillate, blink, flicker, vary in intensity, vary in color, or use intermittent electrical pulsations.
  • Extension cords shall not be run overhead.
  • Extension cords are not allowed to be run on the ground across vehicle travel lanes and pedestrian or bicycle paths.
  • All cords shall be listed for heavy duty usage, three-pronged and a minimum of 12 gauge and shall be in good condition.
  • All electrical use must be GFCI protected and protected from weather.
  • Extension cords shall be directly plugged into the outlet and are limited to one cord per outlet. Multiple cords may not be chained together.
  • A separate electrical permit, which requires a licensed electrical contractor, is required for anything other than a listed extension cord and plug connected circuit/device (AKA plug and go).
  • Use of public outlets in the public right of way is prohibited.
  • Heating device load demands must not be exceeded for electrical circuits. All equipment must be used according to Underwriter Laboratories (UL) listings and manufacturer’s instructions. Circuits must be ground-fault circuit interrupter (GFCI) protected.
  • Examples of permissible lighting include battery-operated or solar powered lighting.
• Winter Weather (Snow/Ice):
  • Operators are required to provide all snow removal necessary to keep ingress and egress areas of the outdoor dining areas clear of snow, ice, and other obstructions. The city will not be providing additional snow removal for outdoor dining areas and the responsibility continues to be the responsibility of the property owner(s) and/or operator(s).
  • Snow should not be placed in streets, walkways, egress paths or any doorways. Snow placement should also consider Colorado’s freeze thaw cycles and be placed so that icing does not create safety hazards.
• Other General Requirements:
  • No additional temporary signage will be permitted beyond that which is required under the liquor licensing regulations. The city’s code defines sign as “any object or device or part thereof situated outdoors or in an exterior window which is used to advertise, identify, display, direct, or attract attention to an object, person, institution organization, business, product, service, event, or location by any means, including, without limitation, words, letters, figures, design symbols, colors, sculpture, motion, illumination, or projected images.”
  • Live and/or amplified music and entertainment is subject to existing land use approvals, city noise ordinance requirements, and any other relevant law, ordinance, or regulation.
  • Operators are required to provide receptacles in the outdoor seating area for trash, recyclables and compostable collection in accordance with Boulder’s Universal Zero Waste Ordinance.
• Alcohol Requirements:
  • For establishments that hold a state and local issued Liquor License, a Modification of Premises application should be submitted as soon as possible to the Boulder Regulatory Licensing Division after receiving the city approved permit to allow the City of Boulder Regulatory Licensing Division, and the Colorado Liquor Enforcement Division sufficient time to review, process and issue the modifications. Application and information on how to apply can be found on our website under the “Liquor License Application Documents” section. Regulatory Licensing staff may be reached for questions via email: licensingonline@bouldercolorado.gov.
• Additional Design guidelines for parklets adjacent to travel lanes
  • Size: A maximum of 1,000 sq ft is permitted for all combined extensions along any typical block face. Even if new businesses request additional space on a block where the 1,000 sq ft limit has been reached, all Eligible Businesses may be considered for a minimum of a 100 sq ft parklet. All permits are subject to review by city staff, at any time, based on participation levels on each block face. City staff reserves the right to adjust permitted square footage to maintain alignment with factors present in the Sustainability, Equity, and Resilience Framework.
  • Width: The total width of the parklet must not narrow the adjacent travel lane to less than 11 feet.
• Continuous Barrier:
  • Metal planter boxes must be used form a continuous barrier along the street side of the parklet railing.
    • No gaps larger than 18 inches between each planter box.
    • At least 28 inches tall
    • Must hold at least ½ cubic yard of soil
    • Metal planter boxes must be added to the end(s) of the parklet.
  • Other types of barriers that meet specific safety standards can also be used, but they must be approved by the city before being placed. Materials must be M30 or P1 rated based on American Society for Testing and Materials F2656 testing procedures.
  • Visibility Markings: The approach and departure sides of the planter boxes or parklet must have visible markings. You can use plastic flex posts with retroreflective tape, reflective tape, or signs to make them easier for drivers and maintenance staff to see in different lighting and weather conditions.
• Additional Design guidelines for parklets in the ROW but not adjacent to travel lanes
  • Size: A maximum of 1,000 sq ft is permitted for all combined extensions along any typical block face. Even if new businesses request additional space on a block where the 1,000 sq ft limit has been reached, all Eligible Businesses may be considered for a minimum of a 100 sq ft parklet. All permits are subject to review by city staff, at any time, based on participation levels on each block face. City staff reserves the right to adjust permitted square footage to maintain alignment with factors present in the Sustainability, Equity, and Resilience Framework.

Additional Design Guidelines for Parklets in the ROW but not Adjacent to Travel Lanes

• Size: A maximum of 1,000 sq ft is permitted for all combined extensions along any typical block face. Even if new businesses request additional space on a block where the 1,000 sq ft limit has been reached, all Eligible Businesses may be considered for a minimum of a 100 sq ft parklet. All permits are subject to review by city staff, at any time, based on participation levels on each block face. City staff reserves the right to adjust permitted square footage to maintain alignment with factors present in the Sustainability, Equity, and Resilience Framework.

Additional Design Guidelines for Parklets in Private Parking Lots

• Size: While the maximum area for each Eligible Business is 500sq ft, there is no cap on the number of Eligible Business allowed nor the cumulative amount of private property permitted for expansion. All businesses may be considered for a minimum of 100 sq ft parklet.
• Continuous Barrier: Continuous barriers, such as metal planter boxes, are considered optional.

Fee Schedule and Additional Requirements

Option A:

This option is for businesses that want to privately purchase or build their own compliant infrastructure. It offers flexibility while requiring businesses to meet all program requirements. Eligible businesses pay an application fee and an annual revocable permit fee. Under Option A, businesses are responsible for removing and storing infrastructure temporarily for maintenance or special events.

Option B:

This option is for businesses that prefer to lease a city-provided parklet. Businesses pay an application fee, an annual revocable permit fee, a Program Infrastructure Fee, and taxes on the infrastructure, which supports capital costs, storage, maintenance, and program operations. Approved infrastructure is typically available within 6–12 weeks after final approval.

Option C:

This option is for businesses that want to install parklet infrastructure on private property. Businesses must purchase or build their own compliant infrastructure and pay an application fee but are not required to pay an annual revocable permit fee. Participation requires applying to the program and entering an agreement with the city to ensure compliance with all program requirements and conditions.

Maintenance and Storage: Eligible Businesses participating in the Pilot Program will maintain a clean and safe outdoor dining space. Outdoor dining infrastructure and furniture are not allowed to be stored in the public ROW. For those Eligible Businesses who are participating in option B the bulk purchase the city will be responsible for repairing the infrastructure. Day to day maintenance including trash, cleaning, and other upkeep will be the responsibility of the business owner solely.

Removal: Eligible Businesses participating in the program are expected to temporarily remove and store outdoor dining infrastructure onto private property for any city permitted special event that seek to utilize those spaces for no more than 10 days during any given month. Special events are prohibited from utilizing space allocated to outdoor dining in existing on-street parking spaces. Eligible Businesses participating in option B, the city will be responsible for moving the infrastructure.