A. No open air dining use shall be established in the public right of way or on private property unless an open air dining permit is approved pursuant to this article, except that rooftop open air dining uses shall be approved pursuant to section 10-3-3107.5.
B. Parking shall be provided for all open air dining uses pursuant to the provisions of section 10-3-2730 of this chapter, unless otherwise prohibited by law.
C. An application for an open air dining permit shall be filed with the Community Development Department or the Public Works Department in a form prescribed by that department.
D. If approved, an open air dining permit shall be valid for a period of five (5) years and may be renewed for additional five (5) year periods (with no maximum number of renewals) on the same terms and conditions as set forth in the original approval.
E. The city council may establish by resolution fees for the review of such applications. (Ord. 11-O-2615, eff. 12-16-2011; amd. Ord. 21-O-2843, eff. 10-15-2021; Ord. 24-O-2885, eff. 2-11-2024)