10-3-3505: STANDARD OF REVIEW:
The reviewing authority shall approve an open air dining permit application if all of the following findings can be made:
   A.   The proposed open air dining use is consistent with the general plan and any specific plans adopted for the area.
   B.   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.
   C.   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.
   D.   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.
   E.   The proposed open air dining use will not create any significantly adverse parking impacts as a result of employee or patron parking demands.
   F.   The proposed open air dining use will not create any significantly adverse impacts on neighboring properties as a result of:
      1.   The accumulation of garbage, trash or other waste;
      2.   Noise created by operation of the restaurant or by employees or visitors entering or exiting the restaurant;
      3.   Light and glare; or
      4.   Odors and noxious fumes.
   G.   The proposed open air dining use will not be detrimental to the public health, safety, or general welfare. (Ord. 11-O-2615, eff. 12-16-2011)