(a) Definitions. As used in this chapter:
(1) “Outdoor dining facility” means an accessory (type 1) or conditional (type 2) use of an area located adjacent to an existing restaurant used for outdoor dining with the total area for seating not in excess of thirty three and one third percent (33 1/3%) of the total square footage of the existing restaurant. See Section 1216.03(aa) and (bb) for definitions of type 1 and type 2.
(2) “Restaurant” means a commercial establishment for the serving of and consumption of food and beverages on the premises which establishment shall serve both food and beverages and shall have as its primary consumption facility, an indoor dining area, and whose patrons are served at each table by a server.
(b) Approval.
(1) No person, firm, partnership or corporation shall operate an outdoor dining facility, as defined herein, without having first obtained approval from the Building Department or other appropriate City department, Commission and/or Council as required regarding compliance with all applicable Zoning, Building and Fire Codes and other provisions of the Codified Ordinances. Additional restrictions set forth in an approved development plan or conditional use permit for any outdoor dining facility shall be complied with at all times.
(2) The Director of Inspections, or their designee, and the Planning Director, or their designee, shall review each application and determine whether the proposed size, location and conditions of the outdoor seating area are suitable for outdoor dining in a safe manner. The review shall include, but not be limited to, the following considerations:
(i) Level surface area;
(ii) Distance to right-of-way;
(iii) Distance to parking lot traffic;
(iv) Adequate parking spaces exist considering the occupancy load of the restaurant;
(v) Adequate vehicular impact protection;
(vi) Adequate signage as to permitted alcohol consumption area;
(vii) Provision of a designated area;
(viii) Other considerations as may be necessary for the health, safety and welfare of the restaurant patrons and community at large.
(3) New permanent site improvements to any outdoor dining facility, in existence prior to May 1, 2023, shall be in compliance with this chapter.
(4) Outdoor dining facilities located in planned unit developments shall be approved in accordance with the provisions of Chapter 1212.
(5) Development plan approval is required for any permanent site improvements associated with an outdoor dining facility in accordance with Chapter 1220. Development plan approval in accordance with Chapter 1220 is required for any type 2 outdoor dining facility as defined in 1216.03(aa). The development plan and conditional use permit may be reviewed and decided upon concurrently.
(c) Prohibitions.
(1) Any outdoor dining facility not in compliance with Chapter 707 of the Codified Ordinances or the Zoning Code is hereby prohibited.
(2) Restaurants not meeting the parking requirements of Chapter 1221 are not permitted to have new or expanded outdoor dining facilities.
(Ord. 2023-15. Passed 1-4-24.)