Virginia Beach, VA Special Events & Permits: Sidewalk Dining & Cafés (2026)
Key Facts
- Application fee
- $250 encroachment application
- Standard districts
- City manager written agreement
- Oceanfront/Resort Tourist areas
- City council franchise required
- Late/unauthorized penalty
- Up to $100 per day
- Resort area rules
- Resort Open Air Café Guidelines apply
Summary
Virginia Beach requires a written encroachment agreement for outdoor cafes on public sidewalks, and Oceanfront Resort or Resort Tourist District cafes need city council franchise approval under the Resort Open Air Café Guidelines.
(a)The city manager or his designee may...enter into written agreements allowing encroachments...by outdoor cafes...that are expressly allowed by the regulations of the district in which they are located...(c)...open-air cafes on public property in the OR Oceanfront Resort District or the RT-1 or RT-3 Resort Tourist Districts shall require the approval of the city council pursuant to franchise and shall be subject to the provisions of the Resort Open Air Café Guidelines.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 170 Update 1).
Full Breakdown
Any restaurant that wants to place tables and chairs on a public sidewalk in Virginia Beach must first get a written encroachment agreement, not just a business license. City Code § 33-114.3(a) lets the city manager approve outdoor cafe encroachments in Strategic Growth Area zoning districts and the B-4C Central Business Mixed Use District, subject to design guidelines for that district. But at the Oceanfront, cafes on public property in the OR Oceanfront Resort or RT-1/RT-3 Resort Tourist Districts skip that administrative path entirely: they need city council approval of a formal franchise under the Resort Open Air Café Guidelines, plus the standard $250 encroachment application fee under § 33-113.02.
Violations & Fines
Operating a sidewalk cafe without an approved encroachment agreement or franchise is an unauthorized encroachment: the city can order removal, impose a civil penalty of up to $100 per day it continues, or remove it at the owner's cost.
Frequently Asked Questions
Can I put café tables on the sidewalk anywhere in Virginia Beach?
What's different about the Oceanfront resort area?
What happens if I set up a sidewalk cafe without approval?
Sources & Official References
Other rules in Virginia Beach
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