Purpose. Outdoor dining areas are permitted accessory uses in conjunction with a Class I, Class II,
or Class III restaurant provided that the following requirements are met:
(A) Site plan review required. The use and proposed site plan shall be reviewed by the Planning Commission and City Council, pursuant to § 155.402(B).
(B) Performance standards.
(1) No portion of the outdoor dining area shall be located or occur within any public right-of-way, including sidewalks/trails, boulevard areas or streets.
(2) No portion of the outdoor dining area shall be located or occur closer than two feet from any property line.
(3) If the outdoor dining area is proposed to be within a city drainage and utility easement, then the property owner shall be required to execute a license agreement prepared by the City Attorney authorizing the use of the city’s easement.
(4) The City Council may restrict days, hours, nature and volume, and other aspects of entertainment in any outdoor dining area, including a prohibition against all forms of music, radio, television, and other entertainment, to protect the safety, repose, and welfare of residents, businesses and other uses near the establishment.
(5) The outdoor dining area shall be handicap accessible and not restrict accessibility in other areas inside or outside the restaurant or food establishment.
(6) If the outdoor dining area is located on a private sidewalk area abutting the restaurant building or within a parking area for the building, then the outdoor dining area shall not interfere with any pedestrian or vehicular traffic on the site. A minimum five-foot wide area of sidewalk shall remain clear for pedestrian travel.
(7) The outdoor dining area shall be subordinate to the principal restaurant building and shall not exceed 40% in area of the square footage of the principal restaurant building.
(8) The outdoor dining area shall be kept in a clean and orderly manner. No food or beverages may be stored outdoors, unless a suitable means for such storage has been reviewed and approved by the city.
(9) The City Council may restrict the hours of operation of an outdoor dining area based upon the proximity of the area to residential dwelling units, and upon considerations relating to the safety, repose, and welfare of residents, businesses, and other uses near the establishment.
(10) A fence surrounding an outdoor dining area shall be suitable for the intended use. If a fence is required, a fencing plan shall be submitted with the site plan for the outdoor dining area for review and approval by the city.
(11) The outdoor dining area must conform to all fire and building codes related to the number and types of exits that are required.
(12) The Planning Commission or City Council may require the notification of property owners if the outdoor dining area is located closer than 600 feet from residential properties.
(13) The parking regulations related to minimum required spaces as set forth in this chapter shall apply and compliance met.
(14) The maximum impervious surface requirements set forth in this chapter shall apply and compliance met.
(Ord. 794, passed 8-24-06)