"Outdoor dining", as defined in chapter 21A.62 of this title, shall be allowed in any zoning district where restaurant and retail uses are allowed and for any nonconforming food serving land use subject to the provisions of this section:
A. Where allowed:
1. Within the buildable lot area;
2. Within a required or provided front or corner side yard;
3. Within a required side yard provided: the outdoor dining is setback a minimum of ten feet (10') when adjacent to a residential zoning district that does not permit restaurants or retail uses. Properties separated by an alley are not considered adjacent for the purpose of this section.
4. Within a required rear yard provided the outdoor dining is setback a minimum of ten feet (10') when adjacent to a residential zoning district that does not permit restaurants or retail uses. Properties separated by an alley are not considered adjacent for the purpose of this section.
5. Within a public right of way or an adjacent public property subject to all applicable lease agreements, applicable regulations, and the outdoor dining design guidelines.
B. All outdoor dining shall be subject to the following conditions:
1. All applicable requirements of chapter 21A.48 and section 21A.36.020 of this title are met.
2. All required business, health and other regulatory licenses for the outdoor dining have been secured.
3. A detailed site plan demonstrating the following:
a. All the proposed outdoor dining activities will be conducted on private property owned or otherwise controlled by the applicant and that none of the activities will occur on any publicly owned rights-of-way unless separate approval for the use of any such public rights-of-way has been obtained from the city;
b. The main entry has a control point as required by state liquor laws.
4. The proposed outdoor dining complies with all conditions pertaining to any existing variances, conditional uses or other approvals granted for property.
5. Live music will not be performed, nor loudspeakers played in the outdoor dining area unless the decibel level is within conformance with the Salt Lake City noise control ordinance, chapter 9.28 of this code. Live music and loudspeakers are prohibited outside between the hours of ten o’clock (10:00) p.m. and seven o’clock (7:00) a.m. when the property is within a radius of six hundred sixty feet (660') of a residential zoning district found in chapter 21A.24 of this code.
6. Outdoor dining shall be considered an expansion of the use for the purpose of determining if additional parking is required as stated in chapter 21A.44 (Parking).
7. Smoking shall be prohibited within the outdoor dining area and within twenty five feet (25') of the outdoor dining area. (Ord. 64-21, 2021: Ord. 58-41, 2014)