Subject to the following restrictions, restaurants or dining rooms may be operated within a nonconforming hotel located in an R-4 zone:
A. Private Dining Rooms: A private dining room may be operated within a nonconforming hotel in an R-4 zone provided that the dining room serves only hotel occupants and their guests and has no door or entrance opening through an exterior wall except a service door into a garage or warehouse or an emergency exit door.
B. Restaurants: A restaurant may be operated within a nonconforming hotel pursuant to a conditional use permit if the hotel and restaurant meet the following criteria:
1. The hotel is located on a street identified as an "arterial" street or "collector" street in the city's general plan.
2. The total dining and bar floor area of all restaurants and private dining rooms in the hotel does not exceed the floor area of any dining and bar area that existed on or before November 1, 1995.
3. No patrons of the restaurant are seated after eleven o'clock (11:00) P.M.
4. No live entertainment is performed.
5. No banquets or similar private receptions or parties are held at the restaurant.
6. Parking is provided free of charge to employees to ensure that employees do not park in the public right of way.
C. Restaurant Conditional Use Permit: Prior to issuing a conditional use permit to allow a restaurant to be located in a nonconforming hotel, the commission shall consider, as part of its determination pursuant to article 38 of this chapter, whether the restaurant will have a substantial adverse impact on the use and enjoyment of surrounding residential properties due to:
1. The accumulation of garbage, trash, or other waste;
2. Noise created by the operation of the restaurant or by employees or visitors entering or exiting the restaurant;
3. Light and glare;
4. Odors or noxious fumes;
5. Parking demand created by the restaurant, including parking demand created by employees; or
6. Traffic.
D. Prohibition Against Expansion: Nothing in this section shall be construed to permit the expansion or enlargement of a nonconforming hotel use or private dining room or restaurant within a nonconforming hotel except that a private dining room may be converted to a restaurant as allowed by subsections B and C of this section. No hotel may include both a private dining room and a restaurant.
E. Signage: In addition to any other signage permitted for the hotel, a hotel restaurant or private dining room may be identified by a sign at the entrance to the restaurant or private dining room. The size of the sign shall be approved by the planning commission but in no event shall the sign exceed twelve (12) square feet. The sign shall not be illuminated except with back lighting.
F. Outdoor Dining: Outdoor dining may be approved by the planning commission as part of the issuance of a conditional use permit subject to the issuance of a development plan review approval that must be renewed on an annual basis for the first three (3) years and every three (3) years thereafter unless the director of planning and community development determines that more frequent review and renewal is required to ensure that no adverse impacts occur. (Ord. 96-O-2256, eff. 4-5-1996; amd. Ord. 98-O-2318, eff. 1-1-1999)