Planning & Development Department – Zoning Section – 200 W. Washington Street, 2nd Floor, Phoenix, Arizona 85003 – 602-262-7131 #6
Planning with People for a Better Phoenix"
Page 1 of 3 This and other forms can be found on our website: www.phoenix.gov/pdd/pz/ Revised 9/10/20
EMERGENCY DECLARATION TEMPORARY
OUTDOOR DINING ATUP PROCESS GUIDE
During the time period covered by the City of Phoenix’s Local Emergency Declaration (in response to
the COVID-19 Pandemic), restaurants located within a zoning district that permits outdoor dining and
alcohol consumption will be able to expand an existing outdoor dining area without a use-permit
hearing if the restaurant operator secures an Emergency Declaration Administrative Temporary Use
Permit (ATUP). There is no fee for the Emergency Declaration ATUP which permits temporary
outdoor dining until the Phoenix City Council rescinds the Local Emergency Declaration or upon
revocation of the Emergency Declaration ATUP.
Restaurants that do not have an existing outdoor dining area shall be permitted to establish one
through the Emergency Declaration ATUP process, so long as they are not within 500-feet of a
residential zoning district boundary. In addition to the 500-feet, restaurants within C-1 zoned property
may only expand alcohol sales if they have an approved use permit for the overall restaurant for
alcohol beverage consumption and comply with Arizona State Liquor Board regulations.
An applicant wishing to expand or create outdoor dining areas in accordance with the Emergency
Declaration ATUP allowances must provide the following:
1. A Temporary Outdoor Dining ATUP Application (See Page 3);
2. A written description of how the temporary outdoor dining area will:
Not occupy or impact the use of ADA facilities or public sidewalks.
Not eliminate required parking spaces.
Not block existing private or public driveways/accessways or drive aisles.
Not block fire lanes, loading or unloading zones, or other designated public safety areas.
3. Written authorization from the property owner authorizing use of the expanded area. If the
expanded area includes public right-of-way, a Revocable Permit will be needed from the Street
Transportation Department for the portion of the dining area located in the public right-of-way;
4. A site plan/sketch depicting the proposed outdoor dining area layout with dimensions. Note
that any permanent structures (i.e. fencing) being constructed in conjunction with this
temporary permit will require a building permit. If permanent structures are part of your plan,
submit a site plan/sketch showing interior and exterior dimensions and occupancy loads,
structure dimensions, construction materials and anchoring information (See Page 2).
5. If the request is to allow alcohol consumption in the expanded dining area, include a copy of
the Temporary Extension of Premises application submitted to the Arizona State Liquor Board;
and;
6. A current aerial photograph of the subject property with the temporary outdoor dining area
delineated.
This document and other documents supporting the Temporary Outdoor Dining Program –
Response to COVID-19 are available at: https://www.phoenix.gov/pdd/temp-outdoor-dining.