York aims to make outdoor dining rules permanent: 'People love it'

YORK, Maine — Outdoor dining could be here to stay in York under the town's current regulations pending a town vote this November on whether to lift a sunset clause.

York's town officials used emergency action in 2020 to help restaurants stay open with outdoor seating during the COVID-19 pandemic. Two years later, in the November 2022 referendum, voters approved an amendment incorporating the town’s pandemic-era policies into the ordinance.

The new language included a sunset clause to review their effectiveness.

Town Planning Director Dylan Smith said town officials, residents and business owners seem to agree the new regulations have been a success. Acquiring approval for outdoor dining today, he said, is much easier now than it was before the pandemic first took place.

“I think that’s just what people want, and I think it was the right thing to do,” Smith said, “To put in some standards of review and make it far more admissible.”

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Outdoor seating regulations born out of necessity from COVID-19

According to former town manager Steve Burns, outdoor seating was much less common in York before the COVID-19 pandemic. Burns, who was town manager when the pandemic began, recalls how restaurants were desperate for outdoor seating to survive while indoor service was restricted.

Prior to the pandemic, business owners in York gained approval for outdoor dining through the restaurant approval processes, according to Burns. To help restaurants stay afloat during the COVID-19 pandemic, he said the town implemented an emergency measure allowing them to seek approval for outdoor seating through the Police Department. This measure enabled restaurant owners to obtain approval from the police chief, including for public spaces like parking lots and rights of way.

“It was, ‘How do you get people back into those businesses?’” Burns said, “And outdoor dining was one of those.”

In 2022, shortly before retiring, Burns contacted Smith about the Planning Department producing an ordinance amendment to go on the November ballot that year that would officially establish rules for outdoor seating.

The approved amendment that passed in November 2022 allows outdoor seating for dining purposes wherever restaurant use is permitted. Restaurants can also obtain approval for dining in the right of way from the Selectboard, provided it has approval from either the Planning Board or code enforcement and received feedback from police, fire and public works.

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Outdoor dining rules here to stay? Voters to decide

The question to lift the sunset clause was moved to November's ballot with little discussion. Selectboard member Robert Palmer said that was likely because of the support it received from the town businesses and residents in the first place.

“I think the customers liked it, and I think the proprietors found it as something that allowed them to seat customers,” Palmer said. “It was one of those things that came out of COVID that was something that was positive.”

Planning Board Chair David Woods II agreed the ordinance was overall favorable for the town’s businesses and tourism. He said businesses like the Fat Tomato in York Village have benefited from being able to move seating outdoors, as well as their customers.

“I don’t mind it now after COVID’s kind of disappeared from our daily lives,” Woods II said. “There are some situations where it can be tight on the sidewalk, but it’s also a tourist town.”

Charlie Caramihalis, who purchased Fat Tomato last year, noted that the sidewalk where his outdoor seating is located is technically on his building’s private property. He consulted with his attorney about liability issues and checked with the Fire Department, which requested that he ensure there was enough room for pedestrians. To verify this, Caramihalis pushed a baby stroller down the sidewalk to confirm there was sufficient space for pedestrians to pass.

Caramihalis said the outdoor dining has been a success.

“It makes a huge difference, I think. It added a lot to the town and area,” Caramihalis said. “People love it.”

Hotelier Joe Lipton said his Stones Throw hotel and restaurant already had some outdoor seating before the pandemic. When it occurred, he said they used the decks of their hotel rooms for outdoor seating.

“They did the exact right thing when COVID happened,” Lipton said. “I think lifting (the sunset) now makes sense.”

Lipton said there is still red tape in getting outdoor seating approved. He said he had to request a parking reduction from the Planning Board to account for the increase in restaurant seats caused by his outdoor dining.

Smith said factors within individual zones still apply to restaurants depending on where they are located. Given the popularity of outdoor seating, he said it may be time to revisit some of those parts of the ordinance as well.

“I think perhaps there’s room for review of those current base zone requirements,” Smith said. “At least with this (current) provision… it does give the allowances and standards for allowing outdoor seating if everything is safe.”

This article originally appeared on Portsmouth Herald: York aims to make outdoor dining rules permanent: 'People love it'