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The following provisions governing Outdoor Activity Areas shall apply in NC Districts.
In order to provide for limited commercial Outdoor Activity Areas, which promote active street life, but do not detract from the livability of surrounding uses, Outdoor Activity Areas in NC Districts shall be regulated below, except in the Outer Clement Street Neighborhood Commercial District, where Outdoor Activity Areas shall be a Principally Permitted Use if they existed prior to 1985. These provisions shall not apply to those Uses excepted from the requirement for location in an enclosed building.
(a) An Outdoor Activity Area operated by a Commercial Use is permitted as a Principal Use if located outside a building and contiguous to the front property line of the lot on which the Commercial Use is located.
In NC-S Districts, an Outdoor Activity Area is permitted as a Principal Use if located within the boundaries of the property and in front of the primary facades which contain customer entrances and if it does not obstruct pedestrian traffic flow between store entrances and parking facilities.
(b) An Outdoor Activity Area which does not comply with the provisions of Paragraph 1 of this subsection (b) is permitted as a Conditional Use.
In addition to the criteria of Section 303(c) of this Code, the Planning Commission shall find that:
(1) The nature of the activity operated in the Outdoor Activity Area is compatible with surrounding uses;
(2) The operation and design of the Outdoor Activity Area does not significantly disturb the privacy or affect the livability of adjoining or surrounding residences;
(3) The Hours of Operation of the activity operated in the Outdoor Activity Area are limited so that the activity does not disrupt the viability of surrounding uses.
Section header and undesignated first paragraph amended; former division (a) amended and designation deleted (i.e., material retained as undesignated second paragraph); former divisions (a)(1), (a)(2), and (a)(2)(A)-(C) redesignated as current divisions (a), (b), and (b)(1)-(3) respectively; former division (b) deleted; Ord. 235-14 , Eff. 12/26/2014. All divisions amended; Ord. 129-17, Eff. 7/30/2017.