(A) Purpose and intent. The purpose and intent is to establish regulations for outside uses accessory to restaurants and similar retail uses in the retail business district.
(B) Required permits. A conditional use permit or interim use permit, along with a certificate of compliance, is required for outside uses accessory to restaurants and similar retail uses in the retail business district.
(C) Outside uses accessory to restaurants and similar retail uses in the retail business district.
(1) Performance standards. The standards for outside uses accessory to restaurants and similar retail uses in the retail business district include, but are not limited to, the following:
(a) Noise-related restrictions.
1. Outside uses must comply with all noise requirements set forth by this code.
2. The city's noise ordinance provides restrictions on noise that may be generated from an outside use, including but not limited to the following: between 10:00 p.m. and 7:00 a.m., if a noise from a musical instrument, radio, or other device for the production or reproduction of sound is plainly audible at the property line of the structure in which the device is located, or at a distance of 50 feet if the source is located outside, it shall be prima facie evidence of a violation.
3. Outside speakers/amplifiers are limited to low volume and facing away from the adjacent residential uses.
4. No outside speakers are allowed to be used after 10:00 p.m.
5. No live music is allowed outside after 10:00 p.m.
6. No music that can be heard beyond the property line adjacent to residential uses is allowed.
7. No TV's or other visual media are allowed outside.
8. Time restrictions for noise related to cleaning and preparation activities for the outside uses shall be the same as for the use of residential maintenance equipment. These activities are allowed only after 7:30 a.m. on weekdays and after 9:30 a.m. on weekends.
(b) Location restrictions.
1. The location of the outside uses is restricted to the east side of the buildings in the Retail Business District (RBD), to screen the uses from the residential uses to the west.
2. An exception to this restriction may be allowed for a new building constructed in the RBD that does not face east, if the impacts to the adjacent residential uses to the west are effectively managed so that they are minimal. A separate conditional use permit shall be required for outside uses allowed under this exception.
3. Minimum conditions include an 8-foot tall solid barrier between the outside use and the adjacent residential uses to the west, and additional conditions necessary to ensure minimal impacts on the adjacent residential uses to the west.
4. The outdoor use areas shall conform to the areas delineated on a site plan and the uses shall be contained within the appropriate enclosed areas at all times.
(c) Lighting restrictions.
1. All lighting shall be shielded from adjacent residential uses by the building or a solid barrier.
2. Lighting for the outside use areas shall be limited to down-lit shielded fixtures and mounted to the building, unless otherwise approved by the city.
(d) Activity restrictions.
1. The activities that are allowed in the outside use areas are limited to: seating, eating, smoking of tobacco and e-cigarettes, consumption of beverages (including alcohol with appropriate licensing), live music and recorded music.
2. If an outside use area is to be used only as a smoking patio, no food or beverage service will be allowed.
3. All sales related to a restaurant/bar use are to be contained inside the building.
4. All preparation of food and beverages is to occur inside the building.
5. A special event involving outside food preparation may be allowed within the standards for temporary outdoor sales and events. (These standards have been developed and recommended by the Planning Commission for approval by the Council).
6. There shall be a specific limit placed on the seating capacity of the outdoor use area.
(e) Time restrictions. The hours during which the outside uses are allowed shall be limited. Outside uses are not allowed before 6:00 a.m. Outside uses are allowed until 10:30 p.m. Sunday to Thursday and until 11:30 p.m. Friday and Saturday.
(f) Enclosure requirement. If the outside use includes the serving of alcohol, the outside use area must be enclosed by a permanent or temporary barrier (railing, fence, chain, wall) approved by the city. Alcohol cannot be taken outside of the outside use area, except if taken inside the building.
(g) Other requirements.
1. The outside use area shall contain appropriate receptacles to dispose of tobacco products and waste.
2. All necessary building and site improvements shall be in place before any outside use is allowed.
3. The business owner is expected to keep the adjacent residential area and off-street parking areas free of tobacco products and other debris.
4. An outside use requires a Conditional Use Permit (CUP) or Interim Use Permit (IUP) and a city permit. If a CUP is approved, it shall be reviewed for compliance on an annual basis, or as the City Council deems necessary, to ensure compliance with the conditions of the CUP. If an IUP is approved, the expiration date of an IUP shall be set a maximum of 1 year beyond the approval date.
(h) Extension of outside use area. The extension of the outside use area beyond the north or south end of an east-facing building would require a conditional use permit/interim use permit that would involve the placing of additional conditions on the use. Any extension of the outside use area beyond the north or south end of the building would, at minimum, require the installation of an 8 foot tall solid barrier extending beyond the end of the building, in line with and parallel to the east face of the building, to screen the use from the adjacent residential uses to the west.
(Ord. 7541, passed 1-21-2014)