§ 1419-21. Limited or Full Service Restaurants and Drinking Establishments.

Outdoor areas of limited or full service restaurants and drinking establishments must be located, developed and operated in compliance with the following:

(a)

Residential District Boundary Line. For the purposes of this section the term residential district boundary line shall mean the district boundary line of the SF-20, SF-10, SF-6, SF-4, SF-2, RMX, RM-2.0, RM-1.2, and RM-0.7 districts.

(b)

Location. Outdoor areas on any public sidewalk or alley requires a revocable street privilege. Any outdoor area located within 100 feet of a residential district boundary line requires conditional use approval pursuant to the procedures and criteria of Chapter 1445, Variances, Special Exceptions and Conditional Uses.

(c)

Maximum Size. Within 500 feet of a residential district boundary line, the outdoor area may not exceed 50 percent of the indoor area accessible to the public. Additional area requires conditional use approval pursuant to the procedures and criteria of Chapter 1445, Variances, Special Exceptions and Conditional Uses.

(d)

Barriers. Decorative walls or fencing must enclose an outdoor area.

(e)

Entertainment. Within 500 feet of a residential district boundary line, entertainment, including the use of audio/visual equipment or amplified sound is prohibited unless conditional use approval is obtained pursuant to the procedures and criteria of Chapter 1445, Variances, Special Exceptions and Conditional Uses.

(f)

Fixtures. Furniture and fixtures provided for use in an outdoor area may consist only of movable tables, chairs, umbrellas, planters, lights and heaters. Lighting fixtures may be permanently affixed onto the exterior of the building. All movable furniture and fixtures must be removed during the off-season.

(g)

Hours of Operation. Within 100 feet of a residential district boundary line the use of outdoor areas is prohibited between Midnight and 7 AM on Friday and Saturday and 10 PM and 7 AM on all other days, unless conditional use approval is obtained pursuant to the procedures and criteria of Chapter 1445, Variances, Special Exceptions and Conditional Uses. In all other locations, the use of outdoor areas shall be prohibited after 2 AM.

(h)

Breweries and Wineries. Beer and wine production accessory to a limited or full service restaurant is limited to an area that may not exceed 10,000 sq. ft and may not produce any objectionable odor, dust or fumes.

(i)

Required Buffer Yards. Where any side or rear yard of the permitted use abuts a residential district boundary line, a 10 foot buffer area ensuring visual and sonic separation shall be provided pursuant to Chapter 1423-03, Landscaping Plan.

(j)

Parking Requirements for Outdoor Areas. Off-street parking spaces must be made permanently available to the use served. For parking requirements for outdoor areas of eating and drinking establishments see § 1425-19-A: Off-street Parking and Loading Requirements.

Figure 1419-19(h) Outdoor Eating Area Example

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; Ord. No. 284-2006, § 1, eff. Nov. 4, 2006; a. Ord. No. 0055-2008, § 1, eff. March 13, 2008)