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

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is hereby repealed. Section3. That new Section 1129.13 Supplemental Regulations for Outdoor Dining Facility is hereby enacted to read as follows: 1129.13 SUPPLEMENTAL REGULATIONS FOR OUTDOOR DINING FACILITY. (a) Outdoor 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 Cl 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 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) 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 1161.03(t) as determined to be applicable by the Commissioner. Section 4. It is found and determined that all formal actions of this Council concerning and relating to the passage of this ordinance were adopted in an open meeting of this Council, and that all such deliberations of the Council and of any of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements. Section 5. This ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, property, health, safety and welfare in the City and for the usual daily operation of the City for the reasons set forth and defined in the preamble to this ordinance, and provided it receives the affirmative vote of at least five (5) of members of Council, this ordinance shall take effect and be in force immediately upon its adoption by the Council and approval by the Mayor otherwise, it shall take effect and be in force after the earliest period allowed by law. Adopted k � 1rA I }P1a} Approved I I 1 1-112'L o itten, President of(Council Maureen M. Bach, Clerk of Council Meghan F. George, Mayor