Sec. 26-125. - Outdoor dining.

(a)

Outdoor dining and seating areas may be permitted for approved restaurant or other similar uses subject to the following standards:

(1)

New outdoor dining facilities shall be subject to an administrative permit as per article VI division 6 administrative permit.

(2)

Minor modifications of existing outdoor dining facilities shall be subject to the provisions of article VI division 7 minor modifications.

(3)

Outdoor dining areas located on public walkways shall be limited to commercial areas within the plaza area and which provide meal service, specialty food service or full menu food services.

(4)

Outdoor dining areas located on City owned properties shall require a separate encroachment permit issued by the engineering division and/or a lease agreement with the City that includes indemnification of the City.

(5)

Dining areas adjacent to storefronts shall not be permitted in areas where less than an eight (8) foot minimum sidewalk width exists, unless additional or lesser public walkway is approved by the Community Development Director or their designee. The dining area must permit at least four (4) feet of unobstructed area of public walkway.

(6)

The outdoor dining area shall be located in a manner which will not obstruct pedestrian or vehicular line of sight, interfere with vehicular or pedestrian mobility, or impede access to City or public utilities or facilities. The determination of whether an outdoor dining area, or any part thereof, interferes shall be made by the Community Development Director or their designee at the time of application based on the characteristics of each proposed site.

(7)

All fire department regulations and standards concerning exterior lighting and power must be met. These regulations and standards will be supplied at the time of application.

(8)

Any permanent supports for shade structures, such as solar sails shall obtain the appropriate building permit and fire department approval for use of the solar sails. For purposes of lot covered, solar sails shall not be considered towards lot coverage.

(9)

The outdoor dining area shall only be located directly adjacent to the business that it serves. The outdoor dining area shall not encroach into the front of adjacent tenant spaces.

(b)

Operating requirements and restrictions.

(1)

Tables and other outdoor dining components shall be located on the same site as the restaurant, within private property.

(2)

Outdoor dining areas are limited to the serving and consumption of food and non-alcoholic beverages. An approval to serve alcoholic beverages within the outdoor dining shall comply with the standards established by the state department of alcohol beverage control and shall require a permit as specified in article II, division 2.

(3)

Displaying merchandise within the outdoor dining area is prohibited.

(4)

Any proposed furnishings associated with the outdoor dining areas shall not obstruct or restrict the lines of sight of vehicles.

(5)

Applicants requesting outdoor dining areas exceeding twenty-five (25) percent of the restaurant's gross floor area shall provide evidence of sufficient parking onsite or provide a parking study analyzing on-site parking impacts that is prepared by a licensed civil or traffic engineer.

(6)

Components associated with the outdoor dining areas shall be arranged in a manner that is compliance with all local, state, and federal laws, including but not limited to, the Americans with Disability Act.

(7)

Access to entrances and exits, fire hydrants and fire lanes shall not be obstructed.

(8)

The use of amplified music including live entertainment within outdoor dining areas shall require live entertainment approval pursuant to article II, division 2.

(9)

Lighting shall be incorporated into the façade of the building and shall complement the style of the building. Lights on buildings shall not be glaring at pedestrian or vehicular traffic and should illuminate only the outdoor dining area.

(10)

Heating sources are not permitted for outdoor areas when underneath an awning canopy or other temporary or permanent structure.

a.

Any temporary shade structures such as canopies, etc. shall obtain a temporary use permit from the planning division.

(11)

The outdoor dining area shall be kept in a good state of repair and maintained in a clean, safe, and sanitary condition at all times. Regular cleanup of trash and debris shall be the responsibility of the business owner.

(12)

If table service is not offered, then outdoor dining area must contain waste receptacles for use by the public and employees.

(13)

All moveable furniture shall be stored indoors during hours of non-operation or shall be secured to the satisfaction of the City.

(c)

Design standards.

(1)

The outdoor dining area may be defined by placement of fencing or other suitable dividers as required or approved by the Community Development Director or their designee and shall be in keeping with the aesthetic and architectural character of the building.

(2)

Outdoor dining areas and associated structural elements, awnings, covers, furniture, umbrellas, or other physical elements shall be compatible with the overall design of the main structures.

(3)

The outdoor dining area shall be defined by placement of portable but sturdy fencing or other suitable dividers such as planter boxes, as required or approved by the Community Development Director or their designee and shall be in be compatible with the business's exterior aesthetic features. All fences and/or dividers shall be of durable material, fire safe, structurally sound, aesthetically pleasing, and compatible with adjoining improvements or structures.

(d)

Any modification to public surfaces, such as borings for recessed sleeves or post holes must be approved in advance by the Community Development Director or their designee. A cash deposit or bond, posted in a form acceptable to the City Attorney's office, in the amount of one thousand dollars ($1,000.00) and shall be posted by the permittee to ensure proper site restoration.

(e)

Parking requirements for outdoor dining shall be consistent with the provisions of article III, division 6.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)