10-3-3503: REVIEWING AUTHORITY:
   A.   Unless otherwise specified, the reviewing authority for an open air dining permit shall be the director of community development. If, in the opinion of the director, an application merits review by the planning commission, the director may refer such application to the planning commission and the planning commission shall serve as the reviewing authority and shall conduct a noticed public hearing regarding the request.
   B.   The reviewing authority for an open air dining permit for an open air dining area serving more than twelve (12) persons located on private property within one hundred seventy feet (170') of an R-1 or R-4 zone shall be the planning commission.
   C.   A public hearing shall be held by the planning commission on all applications for which it is the reviewing authority. Public noticing shall be completed in accordance with article 2.5 of this chapter and the city's public notice guidelines.
   D.   Notwithstanding the provisions of this section, if the application for an open air dining permit accompanies an application for any other type of discretionary approval from the planning commission or city council for the same site area, the planning commission or city council, as appropriate, shall be the reviewing authority for the application and shall conduct a noticed public hearing regarding the request. (Ord. 11-O-2615, eff. 12-16-2011; amd. Ord. 14-O-2661, eff. 6-20-2014)