1137.12 OUTDOOR DINING REGULATIONS.
   The regulations set forth in this section refer to outdoor dining areas proposed to be located on private property or in a sidewalk area within the public right-of-way.
   (a)   Outdoor Dining Requested for an Existing Development.
      (1)   Any applicant seeking to propose one or more outdoor dining areas in an existing development located within the GB or PMU zoning districts shall make application to the Building Commissioner.
      (2)   Sketch plan required. The Building Commissioner shall review and approve or deny a sketch plan for all proposed outdoor dining areas located on private property or within a sidewalk area within the public right-of-way where a development plan application is not required. The contents of the sketch plan shall include all relevant details regarding the proposed location within the lot or right-of-way, dimensioned dining area layout, furniture style and materials and operational details of the proposed outdoor dining request. The Building Commissioner may request other relevant information as a part of this review.
   (b)   Outdoor Dining Proposed as Part of a Development Plan Review.
      (1)   Development plan required. When a request for outdoor dining is a component of a development plan, the Planning Commission shall review and approve or deny all locations and dimensions for outdoor dining areas proposed for placement on private property or within the public right-of-way. This review shall occur as part of the development plan review process.
      (2)   The development plan shall include all relevant outdoor dining details regarding the proposed location within the lot or right-of-way, dimensioned dining area layout, furniture style and materials and operational details of the proposed outdoor dining request. The Planning Commission may request other relevant information as a part of this review.
   (c)   General Outdoor Dining Standards.
      (1)   If the outdoor dining area is proposed to be located within a designated pedestrian travel way or sidewalk on private property or within the public right-of-way, a minimum unobstructed sidewalk width of five feet measured from the edge of curb or edge of pavement shall be required.
      (2)   The use of site elements to serve as a protective barrier between any parking or driveway areas and the proposed outdoor dining location shall be required on a case-by-case basis. Examples of protective barriers include, but are not limited to: large planters, decorative bollards and fencing.
      (3)   The ability for an applicant to locate an outdoor dining area on a sidewalk located within any public right-of-way is not permitted by right. Each request will be reviewed and determined on a case-by-case basis.
(Ord. 2022-24. Passed 5-24-22.)