NEDERLAND — Outdoor dining will soon be allowed in Nederland after the Town's Planning Commission unanimously approved the practice during a September 23, 2026, meeting.

The Nederland Planning Commission, as the Town’s authority on municipal code and land use issues, were tasked by the Board of Trustees (BOT) to review the Use Group Table to consider allowing outdoor dining and related sales for businesses in specific zoning districts. 

Historically, such activity has been prohibited in those zones. Commissioners previously determined such activities should be permitted in certain zones, and also agreed that additional safety standards for outdoor activities taking place close to roadways should be incorporated. 

On September 23, Commissioners approved Ordinance 894, which aims to amend the Use Group Table to permit outdoor sales, eating, and drinking as a use by right on properties zoned as General Commercial (GC), Central Business District (CBD), and Neighborhood Commercial (NC).

The ordinance defines outdoor sales, eating, and drinking as use by right. “Other outdoor commercial activities or establishments remain subject to special review in the NC, CBD, and GC zoning districts," it states.

Those “other outdoor commercial activities” are defined in Section 16-32. They will be assessed on whether the activity in question will be active on private property or on a “public sidewalk, street, parking, or right-of-way area," and will require a Special Review Use application, hearing, and permit.

The ordinance also includes safety measures, based on feedback from the Board of Trustees and from the Nederland Fire Protection District Fire Marshal, Andrew Joslin.

“Outdoor commercial activities should be subject to standards that preserve sidewalks and other pedestrian routes, maintain required parking and circulation, protect patrons where an activity is adjacent to vehicle traffic, and preserve emergency access,” the ordinance reads.

Outdoor sales and dining is to be confined to a specific and clearly marked area, and all activity-related items and equipment must be kept within that marked area. Outdoor sales and dining cannot obstruct “building entrances, required exits, fire department connections, hydrants, utility facilities, drainage facilities, loading areas, or emergency access.”

Sidewalks are to be kept unobstructed by the activity, in order not to interfere or “create an unsafe conflict” with any normal pedestrian, bicycle, or vehicle uses. Parking spaces are also to be kept unoccupied by the outdoor activity, unless the Town’s Zoning Administrator grants permission based on code, applicable law, or authorization by a property owner or governmental entity. 

Any outdoor sale or dining area will also need to be protected by a “curb, barrier, planter, bollard, or other protective measure approved by the Zoning Administrator after consultation with the Fire Marshal or other appropriate Town official.”

The topic received very little discussion and only one public comment in favor of outdoor dining. The ordinance will be made effective 30 days following its official approval and publication by the BOT. 

The Nederland Planning Commission meets on the fourth Wednesday of every month. Their next meeting is scheduled for Wednesday, October 28 at 6 p.m. Meetings can be attended online via WebEx. 

For more information, visit townofnederland.colorado.gov/planning-commission.