A. Notwithstanding subsections A1, A2, A3, A8, and A11 of 10-3-3502, the Director of Community Development may issue a discretionary Open Air Dining Permit to deviate from the required standards, as follows:
1. The Director of Community Development may permit a pedestrian travel aisle of not less than five feet (5') due to site constraints through issuance of an Open Air Dining Permit, unless the open air dining area is adjacent to a parklet.
2. The Director of Community Development may permit the combination of open air dining on public and private property to exceed 50% of the gross square footage of the restaurant it serves.
3. The Director of Community Development may permit open air dining located on private property to be located more than 50' from the front and/or street side property lines, or to be located within 100' of residentially zoned property.
4. The Director of Community Development may permit areas used for outdoor dining to extend beyond the building frontage for the associated restaurant space, provided that the authorization, in a manner satisfactory to the Director, is provided from both the adjacent property owner(s) and the ground floor tenant(s) in front of which the open air dining area is located.
a. Any open air dining area approved pursuant to this subsection shall be removed, at full cost to the restaurant owner, within 60 days from City notification that authorization from adjacent property owner/tenant is rescinded. Property owner/tenant is not required to provide a justification for rescinding their authorization approval. This subsection shall not be interpreted to restrict the ability of the City to require the open air dining area to be removed immediately in case of emergency circumstances upon reasonable notice from the City.
5. The Director of Community Development may permit open air dining on streets where open air dining is not otherwise allowed.
B. Required Findings for Discretionary Open Air Dining Permit. A discretionary open air dining permit shall be reviewed pursuant to the following findings and shall only be approved if all of the findings can be made:
1. The proposed open air dining use is consistent with the general plan and any specific plans adopted for the area.
2. The proposed open air dining use will not adversely affect existing and anticipated development in the vicinity and will promote the harmonious development of the area.
3. The nature, configuration, location, density, and manner of operation of any open air dining use proposed will not significantly and adversely interfere with the use and enjoyment of residential properties in the vicinity of the subject property.
4. The proposed open air dining use will not create any significant traffic impacts, traffic safety hazards, pedestrian-vehicle conflicts, or pedestrian safety hazards and will not impede the safe and orderly flow of pedestrians along the public right of way.
5. The proposed open air dining use will not create any significantly adverse parking impacts as a result of employee or patron parking demands.
6. The proposed open air dining use will not create any significantly adverse impacts on neighboring properties as a result of:
a. The accumulation of garbage, trash or other waste;
b. Noise created by operation of the restaurant or by employees or visitors entering or exiting the restaurant;
c. Light and glare; or
d. Odors and noxious fumes.
7. The proposed open air dining use will not be detrimental to the public health, safety, or general welfare.
C. In approving an open air dining permit, the reviewing authority may impose such conditions as may be reasonably necessary to protect the public health, safety and general welfare, and to ensure that the proposed open air dining use is established and conducted in a manner which is consistent with this article and the development standards for the underlying commercial zone. The conditions imposed by the reviewing authority may include, but shall not be limited to:
1. The appropriate setback for the proposed open air dining use;
2. Pedestrian access and safety;
3. Parking requirements, to the extent allowed under law;
4. Barrier requirements;
5. The time limit on the permit. (Ord. 14-O-2661, eff. 6-20-2014; amd. Ord. 24-O-2885, eff. 2-11-2024)