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way outside hours of operation with prior approval of the Planning <br />Commission. <br />(14) An Outdoor/Seasonal Dining Facility shall operate only between the hours <br />of 11:00 a.m. and 10:00 p.m. Sunday through Thursday, 11:00 a.m. <br />Friday to 1:00 a.m. Saturday and 11:00 a.m. Saturday to 1:00 a.m. <br />Sunday, only between the months of April through and inclusive of <br />October. The limitations set forth herein, and any additional limitations <br />placed on hours of operation as may be determined by the Planning <br />Commission, are designed to assure adequate peace, quiet and serenity in <br />the evening and morning hours during which residents of the City are <br />entitled to enjoy a period of rest and relaxation without intrusion from the <br />possibilities of excessive noise and activity in adjacent areas. <br />(15) Outside entertainment, whether by band, orchestra, instrument, musician, <br />singer, radio, television, loudspeaker, microphone, recital or any other <br />individual, group or mechanical device, shall only be permitted in an <br />Outdoor/Seasonal Dining Facility pursuant to Chapter 515 of the <br />Ordinances of the City. The Planning Commission may prohibit or provide <br />for other restrictions and conditions related to such entertainment as it <br />deems necessary to protect the surrounding neighborhood. <br />(16) The Outdoor/Seasonal Dining Facility .shall comply with the requirements <br />of the state smoking and tobacco use laws. <br />(17) The Director may require adjustments, after approval of the Planning <br />Commission, to the layout, dimensions, or distance from the property line <br />of any Outdoor/Seasonal Dining Facility in order to ensure pedestrian <br />safety and aretail-friendly atmosphere. <br />(18) Notwithstanding anything in this Chapter or Section to the contrary, any <br />Outdoor/Seasonal Dining Facility conditional use permit application shall <br />be heard by the Planning Commission and, if approved, shall expire 12 <br />months from the date of issuance. Subsequent renewal of the conditional <br />use permit may be made administratively by the Director if no significant <br />modifications to the conditions of the permit have been proposed and no <br />violations of the Code have been determined. Determination of renewal <br />status is at the discretion of the Director. Renewal applications must be <br />submitted in writing at least 30 days prior to expiration of permit. The <br />conditional use permit for an Outdoor/Seasonal Dining Facility is non- <br />transferable. <br />(19) Notwithstanding. anything in this Chapter or Section to the contrary, any <br />conditional use permit granted for the Outdoor/Seasonal Dining Facility <br />Outdoor Dining: Proposed Changes [o Zoning Code Page 10 of 1l <br />Revised: 3/2/2009 <br />