This Section provides location, development, and operating standards for outdoor dining facilities in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone-Specific Development Standards).
A. Definition. As used in this Section, an Outdoor Dining Area is a place on the public sidewalk or private property where patrons may consume food and/or beverages provided by an adjacent food service establishment. The establishments may either provide table service in the outdoor dining area or sell take-out items consumed in the outdoor dining area.
B. Outdoor Dining (Public Right-of-way).
1. Standards and procedures. All standards and procedures for the operation of outdoor dining areas in the public right-of-way are contained in City Council Resolution No. 96-R008, or as may be amended, and in § 9.08.035 (Use of Sidewalks for Outdoor Dining) of the CCMC.
2. Agreement required. Outdoor dining on the public sidewalk may only occur subject to an Outdoor Dining License Agreement, approved by the City Engineer in compliance with § 9.08.035 (Use of Sidewalks for Outdoor Dining) of the CCMC.
3. Sale of alcoholic beverages. Establishments serving alcoholic beverages that apply for an Outdoor Dining License Agreement shall meet the additional requirements of the State Alcohol Beverage Control Board. Sale of the alcoholic beverages in outdoor dining areas shall comply with § 17.400.015 (Alcoholic Beverage Sales).
C. Outdoor Dining (Private Property).
1. Review requirement. An outdoor dining or seating area 250 square feet or less in size and more than 300 feet from a residential zone shall be allowed by right. Any outdoor dining or seating area over 250 square feet in size and/or less than 300 feet from a residential zone shall require the approval of an Administrative Use Permit and shall be developed in compliance with an approved site plan, which indicates the areas dedicated for outdoor dining, and the maximum seating capacity for the outdoor dining area.
2. Location requirements.
a. The outdoor dining area shall be located directly adjacent to the food service establishment it serves.
b. When located immediately adjacent to a residential use, provisions shall be made to minimize noise, light, and odor impacts on the residential use.
3. Operating requirements.
a. Outdoor cooking. Cooking within an outdoor dining area may occur only with Administrative Use Permit approval.
b. Placement of tables. Tables shall be placed only in the locations shown on the approved site plan.
c. Hours of operation. The hours and days of operation on the outdoor dining area shall be identified in the approved Administrative Use Permit.
d. Clean-up and maintenance. Outdoor dining areas shall be kept in a clean condition, and free of litter and food items constituting a nuisance to public health, safety and welfare.
4. Lighting. Illumination for outdoor dining areas shall be installed to prevent glare onto, or direct illumination of, any residential property or use, in compliance with § 17.300.040 (Outdoor Lighting).
5. Landscaping. All outdoor dining areas shall include some landscaping. A landscape plan for the outdoor dining area may include the use of planter boxes and permanent vegetation, which shall comply with Chapter 17.310 (Landscaping).
6. Sale of alcoholic beverages. Outdoor dining areas serving alcoholic beverages shall meet, and be in compliance with, the requirements of the State Alcohol Beverage Control Board and § 17.400.015 (Alcoholic Beverage Sales).
7. Design compatibility.
a. Outdoor dining areas and associated structural elements, awnings, covers, furniture, umbrellas, or other physical elements shall be compatible with the overall design of the main structures.
b. The use of awnings, plants, umbrellas, and other human-scale elements is encouraged to enhance the pedestrian experience, if applicable.
c. The relationship of outdoor dining areas to churches, hospitals, public schools, and residential uses shall be considered by the Director. Mitigation measures should be utilized to eliminate potential impacts related to glare, light, loitering, and noise.
d. Outdoor dining areas shall not inhibit vehicular or pedestrian traffic flow.
8. Additional standards. At the discretion of the Director, the following additional standards may apply to outdoor dining areas. The applicability of these standards shall be specified in the permit approving the outdoor dining area.
a. Amplified sound and music may be prohibited within the outdoor dining area.
b. A sound-buffering, acoustic wall may be required along property lines adjacent to the outdoor dining area. The design and height of the wall shall be approved by the Director.
c. Separation by a physical barrier to define the limits of the outdoor dining space may be required, with the design to be approved by the Director.
D. Conformance with Chapter 9.11: Smoking Regulations. Outdoor dining shall conform to all standards and regulations pertaining to Outdoor Dining Areas, as set forth in §§ 9.11.100 et seq. of Chapter 9.11: Smoking Regulations of this Code.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2020-013 § 2 (part); Ord. No. 2022-008; Ord. No. 2024-006)