33-2022 - 1161.03(t) Outdoor Dining Updates 2022 Subst

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(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 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. All speakers must be facing inward toward the Outdoor Dining Facility. All outdoor entertainment must cease at 10:00 p.m. (16) Unless otherwise approved by the Architectural Board of Review, signage of any kind is not permitted on tables, umbrellas, chairs, or barriers that are part of the Outdoor Dining Facility. (17) The Outdoor Dining Facility shall comply with the requirements of the state smoking and tobacco use laws. (18) The Director may require adjustments, after approval of the Planning Commission, to the layout, dimensions, or distance from the property line of any Outdoor Dining Facility in order to ensure pedestrian safety and maintain shared use of the public right-of-way. (19) Notwithstanding anything in this Chapter or Section to the contrary, any Outdoor Dining Facility conditional use permit application shall be heard by the Planning Commission and, if approved, shall expire twelve (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 Director. The conditional use permit for an Outdoor Dining Facility is non -transferable. (20) Notwithstanding anything in this Chapter or Section to the contrary, any conditional use permit granted for the Outdoor Dining Facility may be revoked by the Planning Commission after referral to the Planning Commission by the Director and a public hearing. Notice of such hearing shall be sent to the Applicant and to others pursuant to Section 1173.07(b)(2) of this Code as if a zoning change were requested. The Director shall have the authority to cancel a Use of Public Property Agreement upon thirty (30) days' written notice. Once a notice of cancellation of the Use of Public Property Agreement has been issued, the owner of the restaurant has five (5) business days to remove any portion of the Outdoor Dining Facility that is in the public right-of-way and restore the public right-of-way to the condition in which it existed prior to the creation of the Outdoor Dining Facility. Section 2. That current Section 129.13 Supplemental Regulations for Outdoor/Seasonal Dining Facility currently reading as follows: 1129.13 SUPPLEMENTAL REGULATIONS FOR OUTDOOR/SEASONAL DINING FACILITY. (a) Outdoor/Seasonal Dining Facility - means an outdoor dining area or an area wherein twenty- five percent (25%) or more of any exterior wall is movable and is connected or attached to an indoor restaurant, bar, tavern or nightclub. Such a facility shall only be permitted as a conditionally permitted accessory use in the CI Office, C2 Retail, C3 General Business, C4 Public School District, PD Planned Development and I Industrial Districts. (Ord. 70-07. Passed 3-2-2009.) (b) A conditionally permitted outdoor/seasonal dining facility shall comply with the following regulations and those for conditional uses set forth in Chapter 1161. (1) Outdoor/seasonal dining is used in conjunction with, and is under the same management and exclusive control of, a restaurant, bar, tavern or nightclub located on the same or contiguous property; (2) The outside seating capacity shall not exceed twenty-five percent (25%) of the restaurant, bar, tavern or nightclub seating capacity. (3) Carry out food establishments may be issued a permit for an outdoor/ seasonal dining facility, with a maximum of eight (8) outdoor seats, at the discretion of the Commissioner without the necessity of a conditional use determination by the Commission, subject to the provisions of Section I I61.03(t) as determined to be applicable by the Commissioner. i