(A) An applicant for an outdoor dining area permit shall file an application with the City of Elkins Zoning Officer. An application for an outdoor dining area permit shall be accompanied by a $25 annual permit fee, valid through June 30, for an outdoor dining area, and shall include: a site plan, drawn to scale showing the layout for the outdoor dining area which accurately depicts the existing sidewalk conditions, including sidewalk width from building face to curb; location and dimensions of tree wells; locations of lamp posts, traffic and parking signs, signal poles, trash receptacles, benches, and other sidewalk features or obstructions; as well as design, location, size and space of the dining area, chairs, tables, aisles between tables; and if applicable, enclosures; routes of ingress and egress; clearances between the seating area and the curb; and any such additional requirements of the Zoning Officer with respect to type, style, or specifications of the outdoor dining area, including those requirements subject to the approval of the WVABCA.
(B) After reviewing the application and site plan, the Zoning Officer shall determine if the proposed outdoor dining area, consistent with the requirements of this subchapter, is reasonable, promotes safe pedestrian and retail friendly vitality, and that there is adequate space remaining within the public right-of-way to facilitate safe circulation of pedestrian traffic, while promoting the overall public health, safety and welfare. Thereafter, the Zoning Officer may approve, approve with conditions, or deny an application. The approved plan and permit shall be posted at the operator’s premises, visible to customers and the public. No material change to the approved plan shall be made without prior written approval by the Zoning Officer.
(C) The outdoor dining area permit term shall be for one year to coincide with the city’s fiscal year (July 1 through June 30), unless revoked prior to expiration, and may be renewed on an annual basis. An annual permit fee of $25 shall be assessed for renewal of an existing outdoor dining area permit.
(D) Any operator holding a valid existing permit for a particular outdoor dining area that continues to utilize that outdoor dining area, shall be deemed to have re-applied for permission to use the same space for a succeeding permit term. Such operator shall pay the applicable annual renewal permit fee, complete all renewal paperwork and comply with any other renewal requirements of the Zoning Officer, on or before June 30. If the operator fails to meet all renewal requirements, then the operator's permit shall be deemed to have expired.
(E) The issuance of an outdoor dining area permit does not grant or imply vested rights to use of the area by the operator, but instead is a privilege granted to the operator. The city retains the right to deny the issuance of a permit or the renewal of a permit for any lawful reason. The city shall have broad discretion to grant or revoke permits issued pursuant to this subchapter in the interests of promoting pedestrian and retail friendly vitality, and improving the overall public health, safety, and welfare.
(Ord. 300, passed 7-28-2022) Penalty, see § 93.999