Tuolumne County Municipal Code Art. 4 Chapter 17.74

OUTDOOR DINING AND SEATING Sections:

• 17.74.010 Purpose.
• 17.74.020 Applicability.
• 17.74.030 Permit Required.
• 17.74.040 Development and Operational Standards.

Chapter is to establish standards for the location, site planning, development, and operations of certain land uses that are allowed by Article 2, Zoning Districts and Allowable Land Uses, within individual or multiple districts, and for activities that require special standards to minimize the impacts of these uses and activities on surrounding properties and to protect the health, safety, and welfare of their occupants and of the general public.

Chapter apply to outdoor dining and seating located on private property. Outdoor dining and seating located in the public right-of-way is subject to an encroachment permit issued by the Public Works Department.

A. All outdoor dining and seating uses shall be subject to approval of the specified permit as detailed in the use tables in Article 2. B. Accessory Use. Outdoor dining and seating shall be conducted as an accessory use to a legally established eating and drinking establishment that is located on the same lot or an adjacent lot. C. Use Permit Required. Outdoor dining and seating area occupying 350 square feet or less area is allowed as an accessory use to a legally established eating and drinking establishment that is located on the same lot or an adjacent lot. The perimeter of the outdoor dining and seating area occupying more than 350 square feet requires a use permit approval.

Standards. Outdoor dining and seating areas shall be located, developed, and operated in compliance with the following standards: A. Hours of Operation. Hours of operation shall be limited to the hours of operation of the associated eating and drinking establishment (See Chapter 17.60 Entertainment and Alcoholic Beverage Service). B. Parking. Where an outdoor dining and seating area occupies less than 350 square feet, additional parking spaces for the associated eating and drinking establishment are not required. Parking shall be provided according to the required ratio in Chapter 17.30, Off-Street Parking, for any outdoor dining and seating area exceeding 350 square feet.
C. Location.
1. Outdoor dining and seating areas may be located in required setback areas but shall not encroach into pedestrian pathways or required parking areas. 2. Attached, unenclosed patio roofs, decks, porches, awnings, canopies, and other similar shading devices associated with an outdoor dining area may encroach into a required setback area, to a setback of 1 foot from the property line. Any setback of 3 feet or less shall require

approval of the Community Development Department 3. Outdoor dining and seating areas may be allowed to encroach into a public right- of-way with an approved encroachment permit issued by the Public Works Director. D. Noise. Amplified sound (e.g., music, television, etc.) proposed to occur after 9:00 p.m. may be subject to conditions of approval for allowing amplified sound beyond those in the General Plan. E. Litter Removal. Outdoor dining and seating areas shall remain clear of litter at all times.