17-15 Amend Sec 1161.03(t) Supplemental Regulations for Specific Uses

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arise due to the Outdoor /Seasonal Dining Facility, the Director shall require the Applicant to make provisions for sufficient off - street parking on nearby non - residential properties. (13)Furniture and enclosures located within the Outdoor /Seasonal Dining Facility may not be stored on the public right -of -way and must be removed entirely from the right -of -way between October 31 and March 31. All furniture and fixtures used in an Outdoor /Seasonal Dining Facility in the public right -of -way must be readily removable without damage to the surface of the right -of -way and may only remain in the public right -of -way outside hours of operation with prior approval of the Planning Commission. (14)An Outdoor /Seasonal Dining Facility shall operate only between the hours of 11:00 a.m. and 10:00 p.m. Sunday through Thursday, 11:00 a.m. Friday to 1:00 a.m. Saturday and 11:00 a.m. Saturday to 1:00 a.m. Sunday, only between the months of April through and inclusive of October. Where the Outdoor /Seasonal Dininp, Facility is located entirely private property, it may permitted to operate year -round upon approval of the Planning Commission. The limitations set forth herein, and any additional limitations placed on hours of operation as may be determined by the Planning Commission, are designed to assure adequate peace, quiet and serenity in the evening and morning hours during which residents of the City are entitled to enjoy a period of rest and relaxation without intrusion from the possibilities of excessive noise and activity in adjacent areas. The Planning Commission may temporarily extend the hours and dates of operation of any Outdoor /Seasonal Dining Facility where the Outdoor /Seasonal Dining Facility is located within the footprint of a special event that is either sponsored by the City or permitted under the Codified Ordinances. (15)Outside entertainment, whether by band, orchestra, instrument, musician, singer, radio, television, loudspeaker, microphone, recital or any other individual, group or mechanical device, shall only be permitted in an Outdoor /Seasonal Dining Facility pursuant to Chapter 515 of the Ordinances of the City. The Planning Commission may prohibit or provide for other restrictions and conditions related to such entertainment as it deems necessary to protect the surrounding neighborhood. (16)The Outdoor /Seasonal Dining Facility shall comply with the requirements of the state smoking and tobacco use laws. (17)The Director may require adjustments, after approval of the Planning Commission, to the layout, dimensions, or distance from the property line of any Outdoor /Seasonal Dining Facility in order to ensure pedestrian safety and a retail- fi•iendly atmosphere. (18)Notwitlrstanding anything in this Chapter or Section to the contrary, any Outdoor /Seasonal Dining Facility conditional use permit application shall be heard by the Planning Commission and, if approved, shall expire 12 months from the date of issuance. Subsequent renewal of the conditional use permit may be made administratively by the Director if no significant modifications to the conditions of the permit have been proposed and no violations of the Code have been determined. Determination of renewal status is at the discretion of the