(1) Purpose and intent. The purpose of this section is to provide standards for the establishment and use of accessory outdoor dining areas that are intended for consumption of food or beverages purchased at the principal use on the property. This section is not intended to apply to outdoor seating areas such as park benches or picnic tables in parks or other public gathering and recreation areas. When an administrative permit for an outdoor dining area is required, it may be incorporated into another approval such as but not limited to a site plan, planned unit development, or building permit.
(2) Requirements.
(a) The applicant shall submit a site plan and other pertinent information demonstrating the location and type of all tables, chairs, benches, refuse receptacles, wait stations, fencing, planters, and other elements of the outdoor area. This submittal information must sufficiently demonstrate that all requirements are met. The information can be included as part of a submittal for another permit or approval.
(b) If alcoholic beverages are served or consumed in the outdoor dining area, the proper license required by Chapter 700 of this code must be current.
(c) All lighting be hooded and directed away from adjacent residential uses in compliance with § 1007.046.
(d) The site plan shall demonstrate that pedestrian circulation is not disrupted as a result of the outdoor dining area by providing the following:
1. The outdoor dining area shall be at least partially segregated from through pedestrian circulation by means of temporary or permanent fencing, bollards, ropes, plantings, or other methods. If the outdoor dining area consists of four (4) or fewer tables and there is no outdoor service, this requirement may be waived if other requirements are met to sufficiently avoid disruption of circulation.
2. The minimum clear passage zone for pedestrians at the perimeter of the outdoor dining area shall be at least five feet without interference from tables, chairs, planters, parked motor vehicles, bollards, trees, tree gates, curbs, stairways, trash receptacles, street lights, parking meters, or the like.
3. Umbrellas or other structures extending into the pedestrian clear passage zone or pedestrian aisle shall have a minimum clearance of seven feet above the sidewalk.
(e) The outdoor dining area shall be 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.
(f) A minimum width of 36 inches shall be provided within aisles of the outdoor dining area.
(g) Storage of furniture shall not be permitted outdoors between November 1 and March 31. Outdoor furniture that is immovable or permanently fixed or attached to the sidewalk shall not be subject to the storage prohibition of this section. However, any immovable or permanently fixed or attached furniture must be reviewed as part of the administrative permit application.
(h) Additional off-street parking spaces.
1. For outdoor dining areas that are 500 square feet or less in size, no additional off-street parking spaces shall be required.
2. For outdoor dining areas that are greater than 500 square feet in size, one additional off-street parking space for every 100 square feet of outdoor dining area in excess of the first 500 square feet shall be required.
(i) The outdoor dining area shall be designed to avoid potential conflict with motor vehicle parking or circulation.
(j) Refuse containers shall be provided for self-service outdoor dining areas. Such containers shall be placed in a manner which does not disrupt pedestrian circulation, and must be designed to prevent spillage and blowing litter.
(k) The outdoor dining area shall be kept clean and otherwise maintained in an orderly, sanitary, attractive condition.