Fowler Municipal Code Ch. 9.220 Outdoor Display and Dining

The purpose of this Chapter is to establish regulations for outdoor display and dining areas.

The requirements contained in this Chapter apply to all outdoor display and dining areas, including outdoor displays and outdoor dining areas located within the public right-of-way.

The following permit requirements shall be applicable to all outdoor display and dining areas:

A. Outdoor Display. Outdoor display of merchandise that is clearly incidental and subordinate to an existing business is allowed as an accessory use without a Temporary Use Permit as long as it meets the requirements for outdoor display as specified in Section 9.220.040, Subsection (A) (Outdoor Merchandise Display).

B. Outdoor Dining.

1. An outdoor dining area may be added to an existing permitted facility as an accessory use when all the following criteria are met:

a. The area is less than two hundred (200) square feet;

b. All seating is within four and one-half (4.5) feet of the building;

c. There are no permanent exterior improvements;

d. Alcohol is not served; and

e. A minimum continuous pavement walkway and clear pedestrian path of not less than five (5) feet is maintained.

2. Outdoor dining that does not meet the limitations of Subsection (B)(1) of this Section shall require an amendment to the previously approved permit issued for the primary use and shall be processed in accordance with Section 9.30.110 (Amendments to Previously Approved Permits). In the absence of a previously approved permit for the primary use, a Ministerial Plan Review shall be required in accordance with Chapter 9.55 (Ministerial Plan Review).

C. Encroachment Permit Required. An encroachment permit is required for outdoor displays or outdoor dining areas located within the public right-of-way.

Any outdoor display exhibited in conjunction with the business being conducted within the building may be permitted without a Temporary Use Permit, provided that the display complies with the following regulations:

A. The items being displayed shall be of the same types that are lawfully displayed and sold inside the building on the premises, except that alcohol and tobacco shall not be sold outdoors.

B. The aggregate display area shall not exceed twenty-five percent (25%) of the linear frontage of the storefront or ten (10) linear feet, whichever is greater.

C. Items shall not project more than four (4) feet from the storefront.

D. Items shall be displayed only during the hours that the business conducted inside the building on the premises is open for business.

E. No item shall be displayed in a manner that causes a safety hazard, obstructs the entrance to any building, interferes with or impedes the flow of pedestrian or vehicle traffic, is unsightly, or creates any other condition that is detrimental to the appearance of the premises or any surrounding property, or in any other manner that is detrimental to the public health, safety, or welfare, or causes a public nuisance.

F. A minimum continuous pavement walkway and clear pedestrian path of not less than five (5) feet is maintained.

The following development standards apply to all outdoor dining areas:

A. A clear path of at least five (5) feet wide, free of all obstructions to the flow of pedestrian traffic, shall be provided in the public right-of-way and shall be maintained at all times.

B. No outdoor dining area shall obstruct the entrance to any building, interfere with or impede the flow of pedestrian or vehicle traffic, or create any other condition that is detrimental to the appearance of the premises or any surrounding property, or in any other manner is detrimental to the public health, safety, or welfare, or which causes a public nuisance.

C. Outdoor dining area furniture, including but not limited to tables, chairs, and umbrellas, shall be of a quality and theme consistent with that of the primary establishment or overall premises.

D. An outdoor dining area shall be used only for dining, drinking, and circulation, and shall operate only in conjunction with and during the same hours as the business conducted within the primary building.

E. The area within, and adjacent to, the outdoor dining area shall be clean and free of litter at all times.

F. Trash receptacle(s) shall be provided for the outdoor dining area.

G. Outdoor dining shall be oriented away from adjacent residential uses except as approved by the approving authority.

H. Parking shall be in compliance with the standards of Chapter 9.180 (Parking and Loading Standards) for the primary use and any outdoor dining area in excess of five hundred (500) square feet.