§ 152.630 USES BY ADMINISTRATIVE PERMIT.
   Subject to applicable provisions of this chapter, the following uses are allowed by administrative permit in a B-1 District based upon procedures set forth in and regulated by §§ 152.115 through 152.118 of this chapter. Accessory outdoor dining facilities with 16 seats or less provided that:
   (A)   The applicant shall submit a site plan and other pertinent information demonstrating the location and type of tables, refuse receptacles and wait stations;
   (B)   All lighting shall be hooded and directed away from adjacent residential uses; and
   (C)   The applicant shall demonstrate that pedestrian circulation is not disrupted as a result of the outdoor dining area by providing the following:
      (1)   Minimum clear passage zone for pedestrians at the perimeter of the restaurant shall be at least five feet without interference from parked motor vehicles, bollards, trees, tree gates, curbs, stairways, trash receptacles, street lights or the like;
      (2)   Overstory canopy of trees, umbrellas or other structures extending into the pedestrian clear passage zone or pedestrian aisle shall have a minimum clearance of seven feet above sidewalk;
      (3)   The dining area is surfaced with concrete, bituminous or decorative pavers or may consist of a deck with wood or other flooring material that provides a clean, attractive and functional surface;
      (4)   Storage of furniture shall not be permitted outdoors between November 2 and March 31; and
      (5)   Refuse containers are to be provided for self-service outdoor dining areas. These containers shall be placed in a manner which does not disrupt pedestrian circulation.
(Prior Code, § 11-60-6) (Ord. 258, passed 5-4-2006; Ord. 278, passed 3-19-2008)