In a C-1 Community Business District, the following uses shall be permitted subject to the conditions hereinafter imposed for each use, and subject further to approval by the Planning Commission in accordance with the public hearing requirements set forth in Section 1262.07:
(a) Mortuary establishments, when an adequate assembly area is provided off-street for vehicles to be used in funeral processions, provided that such assembly area shall be provided in addition to any required off-street parking area. A caretaker's residence may be provided within the main building of a mortuary establishment.
(b) Sit-down restaurants;
(c) Sit-down restaurants when outdoor eating facilities are proposed in conjunction with the principal use of the building. The use shall be subject to review and approval of a site plan by the Planning Commission. The outdoor eating facilities:
(1) Shall be accessory to the principal sit-down restaurant use;
(2) Shall provide sufficient off-street parking;
(3) May be located in any yard;
(4) Shall be fenced, and when located in a yard adjacent to a Residential District, shall be effectively screened from view in accordance with Section 1298.13;
(5) Shall direct all outdoor lighting inward, away from adjacent properties;
(6) When located within a public right-of-way, shall first require written authorization by the public entity in control of the right-of-way, approving such location and the erection of a fence required in paragraph (c)(4) hereof;
(7) Shall be a part of the license of the restaurant and shall meet all applicable State and local health and sanitary regulations;
(8) Shall only include tables, chairs, umbrellas, canopies, awnings, fencing, and other fixtures which are uniform in design and made of quality materials and with quality workmanship to ensure the safety and convenience of users and to enhance the visual quality of the City environment;
(9) Shall be maintained in a neat and orderly appearance at all times and shall be cleared of all debris on a periodic basis during the day and at the close of each business day;
(10) Shall include an outdoor trash receptacle within the seating area to help ensure an orderly appearance; and
(11) Shall not include any cooking, storage, cooling, refrigeration or other equipment located within the seating area. No food preparation shall be allowed in the outdoor eating area.
(Ord. 458. Passed 1-4-89; Ord. 814. Passed 11-16-05.)
(d) Accessory seasonal open air business areas, provided that:
(1) All such outdoor facilities are designed and intended to be an integral part of a planned commercial center;
(2) Such outdoor facilities are limited to the retail sale of plant material, lawn furniture and landscaping amenities, playground equipment and garden supplies, including lawn and gardening appliances;
(3) Such outdoor facilities shall be restricted to locations at the ends of the building mass where such facilities may extend into an interior side or rear yard only, but not into any required interior side yard or rear yard setback;
(4) Space may be provided in a non-required interior side or rear yard for the loading of customer vehicles, but no such area shall interfere with any off-street parking spaces, or vehicle maneuvering lanes or service drives; and
(5) The entire area shall be enclosed with building walls that shall represent a physical extension of the principal building, including the same exterior building wall materials and the same color materials as the principal building, except that, for purposes of display and to provide light and air to the interior display area, exterior walls of the accessory outdoor sales area may also consist of decorative ornamental metal fencing materials, other than chain link or woven wire fencing. Except where gates are provided, all such fencing shall be placed on top of a continuous wall structure, the vertical height of which shall not be less than three feet.
To aid in its review of a site plan for an accessory outdoor sales area, the Planning Commission may require the submittal of drawings of sufficient detail and scale to clearly depict and identify, by name, the type of decorative ornamental metal fencing materials that will be used in conjunction with such areas, as required in paragraph (d)(5) hereof.
(e) Recreation space providing a children's amusement park and other similar recreation, provided that:
(1) Such space is made an integral part of a planned development;
(2) All such space is located only in a non-required interior side or rear yard setback at the end of the building mass; and
(3) All such space shall be securely fenced by a decorative ornamental metal fencing material, other than chain link or woven wire materials. The fence shall be at least four feet high.
To aid in its review of a site plan for an accessory outdoor sales area, the Planning Commission may require the submittal of drawings of sufficient detail and scale to clearly depict and identify, by name, the type of decorative ornamental metal fencing materials that will be used in conjunction with such areas, as required in paragraph (e)(3) hereof.
(f) Publicly owned buildings, public utility buildings, telephone exchange buildings, electric transformer stations and substations, gas regulator stations with service yards, but without storage yards, and water and sewage pumping stations.
(Ord. 684. Passed 10-13-99.)