An outdoor seating and/or dining area is an allowable use when such use is in conjunction with a licensed food or eating establishment. The outdoor seating and/or dining area shall be identified on an approved site plan that demonstrates the following conditions are met:
(A) An outdoor seating and/or dining area is restricted to an area within the boundary lines of the property for which the licensed food or eating establishment is located.
(B) The outdoor dining area shall be aesthetically and architecturally pleasing and in alignment with the architectural style requirements.
(C) An outdoor seating and/or dining area must be clearly delineated on the site plan. Any such area which abuts a parking area shall have a protective buffer in the form of planters, decorative fencing, and/or hedges.
(D) The number of outdoor seats provided by a restaurant shall be counted as part of the restaurants total allowable dining allotment and shall be shown on an approved site plan. All outdoor seating and/or dining furniture and associated lighting shall be contained within the defined area on the site plan.
(E) Outdoor seats shall not cause a licensed restaurant's required parking to become inadequate.
(F) Outdoor dining areas shall not encroach upon any public right-of-way, public easements, or setbacks.
(G) Outdoor dining shall not be placed within five feet of bus stops, loading zones, fire hydrants, site triangles, above ground public utilities, bike racks or any type of public street furniture.
(H) Private sidewalks that abut restaurants may be used for such outdoor seating and/or dining area, provided that there is a five-foot pedestrian clear zone, which shall be maintained at all times.
(I) No outdoor seating and/or dining furniture shall be allowed within five (5) feet of a pedestrian crosswalk.
(J) All kitchen equipment used to service the outdoor dining area shall be located within a building.
(K) All outdoor dining furniture, including all accessary appurtenances including but not limited to approved space heaters, misters, and portable umbrellas that are located within the outdoor dining area shall be stored inside a building after close of business.
(L) No outdoor dining furniture shall be attached, chained or in any manner affixed to any tree, post, sign, or other fixtures.
(M) Outdoor food service will terminate no later than 10:00 p.m. on weekdays (Monday through Thursday) and 11:00 p.m. on weekends (Friday through Sunday).
(N) The serving or consumption of alcoholic beverages within an outdoor dining area shall comply with the regulations of applicable government agencies.
(O) Outdoor seating and/or dining areas must be maintained in a neat and orderly appearance at all times and must be cleared of all trash and debris on a periodic basis during the day and at the close of each business day.
(P) If found to be necessary for the protection of the health, safety, and welfare of the public, the City Manager or his/her designee may require the subject property to immediately remove or relocate all or part of the tables, chairs, etc. of the outdoor seating and/or dining area.
(Q) This section shall not apply to outdoor dining areas that are depicted on site plans approved prior to July 1, 2023.
(Ord. 2023-72, passed 8-17-23)