Outdoor dining shall comply with the following regulations:
(A) Outdoor dining shall only be permitted as an accessory use to an indoor restaurant.
(B) Outdoor dining areas must meet the setback requirements for principal buildings. Outdoor dining areas are permitted to be located upon a public sidewalk or within the public right-of-way in the Old Montgomery District and the Old Montgomery Gateway District, in accordance with division (I) below.
(C) The number of seats permitted outdoors shall be no greater than 30% of the number of seats inside the restaurant.
(D) The outdoor dining area shall be limited to seating only and shall not include table bussing facilities or cooking facilities.
(E) Permanently installed sound systems that are used for low level background music and as part of a television system may be permitted by the Planning Commission when the dining area is located at least 100 feet from a single-family residential district. Any sound system to provide entertainment on a temporary basis must be portable and must be removed at the end of each business day. All outdoor dining activities, including any entertainment, are subject to the city's noise ordinance and related limitations thereto.
(F) Outdoor heaters in the dining area may be permitted only pursuant to appropriate health and fire codes enforced in the City of Montgomery.
(G) No separate advertising is permitted for the outdoor dining area, including any advertisement for the business or any supplier to the business on any umbrellas, awning or other structure attending to the outdoor dining facilities.
(H) The property owner shall be responsible to keep the outdoor dining area free and clear of all garbage, trash and other debris and shall provide an appropriate trash receptacle within the outdoor dining area for the deposit of refuse and litter. Such trash receptacle shall be emptied on a regular basis and shall be moved indoors at the end of each business day.
(I) Any outdoor dining located upon a public sidewalk or within the public right-of-way in the OM or OMG District, requires a separate permit from the City Manager which must be accompanied by sufficient surety or insurance to protect and indemnify the city from any third party claims.
(Ord. 6-2010, passed 7-7-10; Am. Ord. 7-2022, passed 10-5-22)