Open Air Beaverton Public Right of Way Requirements

Expanding Business into Public Right of Way

Map showing Open Air boundary around Beaverton central core.Eating/drinking establishments, recreational (gyms, yoga studios), personal services and retail businesses may temporarily expand into the adjacent parking lanes of city streets with an Open Air Permit from the City of Beaverton.

This activity is allowed in the Old Town and Beaverton Central districts (as shown in the map). In most cases, sidewalks in this area are too narrow to allow business expansion while keeping a clear walking path and ensuring appropriate social distancing. Existing sidewalk seating should be relocated to the parking lane.

An Open Air Beaverton permit may be granted if all of the following requirements are met:

  • The hours of operation between inside and outside dining must be the same.
  • ADA requirements are met. Applicants must comply with any ADA requirements identified by the city during the permitting process.
  • Signage is provided stating that seating is designated for the business only.
  • Signs are prohibited on umbrellas, chairs, tables and other permissible fixtures which are located in the permitted area, except that the names or logos of establishments and/or their sponsors may be identified on umbrellas.
  • The business must comply with all OLCC requirements to serve or allow consumption of alcoholic beverages in the permitted area.
  • All State of Oregon Phased reopening requirements are met.
  • Reservations for dining are not required, but reservations are strongly recommended to reduce queuing or gathering.
  • No food cooking, preparation, storage, display or refrigeration is allowed in the permitted area.
  • No open flames are allowed in the permitted area. However, catalytic heaters (space heaters) are permitted if they are: a) an outdoor approved type, b) used in accordance with the manufacturer’s recommendations, and c) located at least two (2) feet from the edge of any umbrella canvas, any foliage, or any other flammable object or material.
  • Umbrellas and other decorative material shall be fire-retardant, pressure-treated or manufactured of fire-resistant material. No portion of an umbrella shall be less than six (6) feet, eight (8) inches (eighty (80) inches) above the roadway, or where allowed, the sidewalk.
  • Nothing shall be permanently affixed to the public right of way.
  • Appropriate lighting of the permitted area is required if operating outside of daytime hours. Strung lights must be plugged into a GFI outlet, made for outdoor use and remain at least 7’ above the ground plane.
  • Temporary surface materials, such as chalk, cornstarch and fake turf (not permanently affixed to the permitted area) are allowed.
  • Tents, canopies and other temporary weather protection apparatus are allowed in some circumstances: Regulations for canopies and tents on public rights of way See also OAB Winter FAQs at the bottom of this page.
  • Platforms may be permitted; contact Program Manager to discuss.

Additionally, terms and conditions apply to issued permits regarding use of permitted area:

  • Inspections
  • Maintenance
  • Restoration
  • Non-Interference, and
  • Waiver, Indemnification and Insurance.

Complete terms and conditions must be agreed to by applicant.

Permits

There is no fee for the Open Air Permit.

Issued permits must be displayed in a visible area on the premise, facing outwards toward the sidewalk, as close as possible to the front door.

Open Air Beaverton Permit Application Fall and Winter

Once submitted, permit staff will review and notify you of the status of your permit within a few business days.

Program Manager & Contact

Sara King, Program Manager
Email: MailboxCDDOpenAir@BeavertonOregon.gov
Phone: 503-526-5233