10-2.1622 Outdoor dining.
- (a) Purpose. The purpose of this section is to permit the establishment of outdoor dining areas in conjunction with restaurants, snack shops, and other food-serving businesses in order to enhance and add vitality to the City's commercial areas and to encourage the development of a pedestrian-friendly urban environment in a manner that is consistent with the public health, safety and welfare.
- (b) Criteria. In order for outdoor dining areas to be permitted, the following criteria shall be met in addition to all other applicable land use and development standards in this chapter:
- (1) The outdoor dining area shall be managed, operated, and maintained as an integral part of the adjacent food service establishment.
- (2) The outdoor dining area shall be designed to avoid noise impacts on residential uses.
- (3) The proposed hours of operation for the outdoor dining area shall be complementary to the business district in which the use is located, and shall not negatively impact residential uses.
- (4) There shall be no cooking or food preparation done outside a building.
- (5) No outdoor dining area shall serve alcoholic beverages unless such outdoor dining area includes the provision of full food service.
- (6) The proposed outdoor dining area shall be consistent with outdoor dining site design standards adopted by resolution of the City Council.
- (7) The outdoor seating shall meet the parking requirements of Section 10-2.1706.
- (c) Permits required.
- (1) Outdoor dining areas of no more than 150 square feet in area shall be subject to approval by Administrative Design Review pursuant to Section 10-2.2500.
- (2) Outdoor dining areas greater than 150 square feet in area shall be subject to approval of a Conditional Use Permit pursuant to Section 10-2.2506.
- (3) Approval of an encroachment permit pursuant to Chapter 13 of Title 3 of the Municipal Code shall also be required if the proposed outdoor dining area utilizes any portion of the public right-of-way.
(Ord. 2756 c.s., eff. January 18, 1996, as amended by Ord. 2786, eff. January 2, 1997)
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