Healthy Businesses Permit Program Community Survey

Take this survey about the future of outdoor dining in Portland! 

Good news! The Portland Bureau of Transportation (PBOT) is making the Healthy Businesses Permit Program for street seating installations permanent! If you are a customer, neighbor, or operator of a current Healthy Businesses installation – or are considering street seating installations or sidewalk café seating in the future – PBOT would like to hear from you. All Portlanders are welcome and encouraged to participate!

The Healthy Businesses Permit Program was established in 2020 allowing businesses to put outdoor seating areas in the street parking lane in front of their business as a strategy to comply with public health guidelines.

The following 10-15 minute questionnaire asks for your thoughts and feedback on proposed permit requirements and key changes being considered as we finalize the permanent program. More detailed information on some of these rules can be found in the draft design guidelines available here: PBOT Outdoor Dining Program Guidelines Draft (portland.gov)

Public Records Disclosure Clause: 
The information you are providing on this form is available to the public through a public records request. Please do not include confidential or sensitive information. 

1.Tell us about you or your business(Required.)

I am a customer of a business(es) with street seating or installations.

I am a resident near/neighbor of a business with street seating or installations.

I represent a business currently participating in the Healthy Businesses Permit Program.

I represent a business with street seating installations, but not yet permitted by the program.

I represent a business that previously participated in the program.

I represent a business that would consider participating in the future.

I represent a business that does not expect to participate.

Other (please specify)

2.How much do you agree or disagree that the Healthy Business Permit Program is good for Portland business?(Required.)

3.How much do you agree or disagree that the Healthy Business Program is good for Portland neighborhoods?(Required.)

Program Considerations 
PBOT has heard a lot from the public and businesses about the current Healthy Businesses permit program and installations seen around the city. Much of this feedback revolves around:

Safety and Visibility
Design Standards and Guidelines
Accessibility
Site Operations
Seasonality
Permit Fees

This feedback will help inform and verify PBOT’s approach as we finalize the program proposal, and we want to hear more from you on these important subjects.

Safety and Visibility
Street seating installations in the parking lane must not create traffic safety issues. The public right-of-way must be free of fire and life safety hazards, and installations located in the street can make it difficult for drivers to see other people who are crossing the street, biking, or driving. Tall installations can also block visibility of stop signs and other traffic control devices, and in some cases, interfere with lighting and street trees.

Major changes being considered include: 

Installation setback from crosswalk: No installations permitted within 10 feet of the approach to a stop sign, crosswalk or traffic signal to preserve visibility and improve traffic safety at intersections.
Setback for installations with roofs: Installations with roofs may not be placed within 50 feet of the approach to a stop sign or uncontrolled intersection per City Code 16.20.130 restrictions on vehicles and objects over 6 ft tall.
Restrictions on tents: Tents or pop-up canopies are not allowed in street seating or sidewalk seating installations.

More information on these rules can be found on page 17 in the draft design guidelines which can be downloaded HERE.

5.If you answered strongly disagree or somewhat disagree to any of the above, please explain what changes you'd like to see to the proposal.

Design Standards and Guidelines
The Healthy Businesses Permit Program was designed to encourage businesses to use the parking lane temporarily for things such as dining and gathering areas. Over the last two years, some businesses have built more elaborate installations with platforms and roofs in the street and on the sidewalk to support their customers, but with limited guidance or approval from PBOT. PBOT will be designing an appeal/exemption process for businesses to apply for.

Design changes being considered include:

Maximum length for installation: Maximum length of 40 ft and width of 7 ft. Maximum height of 42” (without roof), or 10 ft (with roof).
Transparent only side coverings: Only transparent side coverings allowed above 42” inches.
Propane heating and storage restrictions: Propane heaters under installations with roofs are not allowed per Fire Marshall guidance on Portable Propane Devices. Propane storage is prohibited on public sidewalks or streets.
No locked installations: Street seating installations may not be locked with fences or cages.
No structures over sidewalks: No structures may be attached to a building or constructed on/over the sidewalk. Please follow the Sign and Awning permit and approval process from the Portland Bureau of Development Services.

More information on these rules can be found on page 7, 11, 21, 22 in the draft design guidelines which can be downloaded HERE.

7.If you answered strongly disagree or somewhat disagree to any of the above, please explain what changes you'd like to see to the proposal.

Accessibility 
Portlanders of all abilities should have access to Healthy Businesses street seating installations. The Americans with Disability Disabilities Act (ADA) rules generally requires that at least 5% of restaurant seating is accessible to people using wheelchairs and other mobility devices.

PBOT wants to ensure businesses comply with federal ADA rules by including:

ADA Accessibility requirements: All new street seating installations in the parking lane with a year-long permit must meet accessibility guidelines. This may be achieved by constructing sidewalk-level platforms, or constructing a ramp to a platform that is higher than the sidewalk. Platforms with ramps will need to include a 48 inch x 48 inch landing.

More information on these rules can be found on page 13 in the draft design guidelines which can be downloaded HERE

8.What are your thoughts on the proposed accessibility requirement for street seating areas?(Required.)

Strongly disagree with proposal

Somewhat disagree with proposal

Neutral

Somewhat agree with proposal

Strongly agree with proposal

ADA Accessibility requirements

Strongly disagree with proposal

Somewhat disagree with proposal

Neutral

Somewhat agree with proposal

Strongly agree with proposal

9.If you answered strongly disagree or somewhat disagree to any of the above, please explain what changes you'd like to see to the proposal.

Site Operations 
The Healthy Businesses Permit Program was originally designed to allow businesses to creatively use nearby public space to meet social distancing and capacity-restriction guidelines during the COVID-19 pandemic. As the program becomes permanent, the focus has become outdoor seating for expanded business operations and community use.

As PBOT seeks to set clear rules around permitted and unpermitted activities, key considerations under discussion include: 

Maintenance plan requirement: Permit holders must plan for site maintenance and graffiti removal.
No smoking in enclosed spaces: Per the Oregon Indoor Clean Air Act, no smoking is allowed in street seating installations with a roof and side wall enclosure.
Good Neighbor Agreement requirements: A good neighbor agreement may be required to respond to complaints from neighboring businesses and residents. This may address hours of operation, noise, smoking or other issues.
Amplified noise restrictions: No amplified noise allowed within street seating installations. Request a variance from the Portland Noise Office.
No storage: No after-hours garbage and propane storage allowed within street seating installations.

More information on these rules can be found on page 7 and 8 in the draft design guidelines which can be downloaded HERE.

11.If you answered strongly disagree or somewhat disagree to any of the above, please explain what changes you'd like to see to the proposal.(Required.)

A Seasonal Permit Option
In addition to the annual permit for street seating installations, PBOT proposes a lower-cost, less-complicated seasonal permit option for businesses wanting to offer expanded outdoor dining areas in the spring and summer months. This new offering would permit businesses to install simple street seating areas in the parking lane to take advantage of Portland’s warm weather seasons.

The proposal for a seasonal option includes:

Temporary design: Support for lightweight and temporary design elements, such as simple fencing and umbrellas.
No platform required for seasonal street seating installations: No requirement for a constructed platform. Accessible sidewalk seating may be used to meet ADA guidelines.
Seasonal: May be established starting April 30th and must be removed by October 31st.

12.What are your thoughts on the proposal for a seasonal permit option for street seating areas?(Required.)

I support the proposal as described.

I am concerned with the seasonal option because of the challenge of having furniture removed and stored after October 31st

I am concerned with the seasonal option because its impact on accesible seating and ensuring there is sidewalk seating available.

I would prefer a longer season than April 30 - October 31st

I would prefer a shorter season than than April 30 - October 31st

I support the proposal only if:

13.What other factors should PBOT consider when finalizing the seasonal permit option of the program?

Permit Fees 
PBOT started charging an interim fee for Healthy Businesses permits in late 2022. Fees were intended to be low enough to be affordable by small businesses, but high enough to start to support program costs such as permit processing, inspection, and compliance enforcement. With the program becoming permanent, the fees will increase and adapt to the complexity of the proposed street seating installation.

PBOT proposes a revised fee structure based on the following considerations: 

Size: Length of installation
Type: Type of installation (in the parking lane vs on the sidewalk)
Complexity of structure and review process: Different levels of complexity of installations and structures affect the time needed to permit and inspect the sites
Seasonality: Seasonal vs. year-round installations in the parking lane

14.What are your thoughts on the proposed fee structure for seating areas?(Required.)

I support the basis for the future program fees as described above.

I am concerned about the future program fees as described above.

15.If you are concerned, please explain what you would like the fee structure to be based on.

Implementing these Guidelines
PBOT is exploring ways to provide financial assistance to businesses to support their access and maintenance of outdoor dining. For example, the assistance could take the form of funding support to help businesses bring existing seating into compliance with the new rules, or lending furniture for businesses to use to establish a new outdoor dining area.

16.If PBOT offered funding support for qualified businesses, would you consider applying? (Please select all that apply)(Required.)

Yes, it would allow me to participate in this permit program for the first time.

Yes, it would allow me to amend my structure so that it complies with new rules.

No, I would not apply for this type of financial assistance.

N/A (I am not a business owner or manager)

17.What aspects of creating a new, or improved, outdoor dining area would you most appreciate help with?(Required.)

Designing and building a new outdoor dining installation.

Purchasing materials, such as wood planters, barricades, and furniture.

Modifying my existing structure to comply with new guidelines.

Removing the existing structure in front of my business.

Designing and installing heating, lighting, or other electrical services.

I am not in need of assistance and would not consider applying for this type of program.

N/A (I am not a business owner or manager)

Other (please specify)

Other Feedback for PBOT? 

Thank you for your feedback on these important topics. As PBOT finalizes the permanent program, we aspire to balance the expectations of businesses, customers, residents, and visitors.

18.Are there any other factors or changes that PBOT should consider for the permanent program?

Next Steps 
Using your feedback, PBOT will finalize the draft program details and design standards and guidance to be released in May. More information on specific design requirements can be found in the draft design guidelines which can be downloaded HERE. If you have additional questions or concerns not addressed here, please contact outdoordiningpdx@portlandoregon.gov.

PBOT expects to bring a final proposal to City Council in late May 2023 for formal adoption. Businesses wishing to participate in the program will be expected to bring their sites into compliance with the final rules by the time the new permit cycle applications open in October 2023. The permit cycle would officially begin Jan. 1, 2024.

19.In general, how would you rate the job the Portland Bureau of Transportation/PBOT is doing?

Thank you for your time in providing your feedback! For additional comments please email outdoordiningpdx@portlandoregon.gov

Current Progress,

0 of 19 answered