Sahuarita, AZ Special Events & Permits: Sidewalk Dining & Cafés (2026)
Key Facts
- NC zone
- Type 2 conditional use permit required
- MX zone
- Type 1 conditional use permit required
- B-1 zone
- Permitted by right
- B-2 zone
- Permitted by right
- Outdoor dining area counts as
- Part of gross floor area
Summary
Restaurants adding outdoor seating in Sahuarita need a Type 2 conditional use permit in the Neighborhood Commercial (NC) zone and a Type 1 conditional use permit in the Mixed-Use (MX) zone under Table 18.42-1 of Town Code Section 18.42.020. The same use is permitted by right in the Local Business (B-1) and General Business (B-2) zones.
"Floor area, gross" means the total floor area within the walls of, or under the roof (excluding roof overhang) of, any building or structure. Includes outdoor space dedicated to the primary use of the site, such as outdoor dining areas for restaurants. ... Table 18.42-1 – Table of Permitted Uses ... NC B-1 B-2 MX ... Restaurant and Bar Uses ... c. With Outdoor Seating C2 P P C1
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4745395; v0 updated 2025-12-08; through 12-08-2025).
Full Breakdown
42-1's Restaurant and Bar Uses category breaks out 'With Outdoor Seating' as its own line, separate from a plain restaurant or bar, and assigns it 'C2' in the NC zone, 'P' in B-1, 'P' in B-2, and 'C1' in the MX zone. 97 STC before it can add patio or sidewalk-facing seating, while the same addition in the MX zone only needs the lighter Type 1 review. In B-1 and B-2, outdoor seating is permitted as a matter of right alongside the base restaurant use.
020 defines 'floor area, gross' to include outdoor space dedicated to the primary use of the site, giving 'outdoor dining areas for restaurants' as its example. That means the seating area counted for parking and other floor-area-based standards is not limited to the enclosed dining room.
Violations & Fines
Adding outdoor seating in the NC or MX zone without the required conditional use approval is a civil infraction under Town Code Section 18.95.030, enforced by the zoning administrator through inspection, written notice, and citation. Section 18.95.040 sets the maximum penalty at $750 per offense for an individual or $10,000 for a corporation, with each day of continued noncompliance a separate offense before the town magistrate.
Frequently Asked Questions
Can a Sahuarita restaurant add a patio without a permit?
Does outdoor seating count toward a restaurant's floor area?
What is the difference between Type 1 and Type 2 conditional use permits for outdoor dining?
Sources & Official References
Other rules in Sahuarita
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