§ 62-1837.9. Outdoor restaurant seating.

The intent of this section is to allow licensed restaurants that are either "stand alone", part of a strip center or located within a shopping center to provide outdoor eating areas (open air) to their patrons adhering to the following conditions:

(1)

Outdoor food service will terminate no later than 10:00 p.m. on weekdays (Monday—Thursday) and 11:00 p.m. on weekends (Friday—Sunday).

(2)

The number of outdoor seats provided by a restaurant shall be counted as part of the restaurant's total permitted seating allotment and shall be shown on an approved site plan.

(3)

Outdoor seats shall not cause a licensed restaurant's required parking to become inadequate.

(4)

Outdoor seating areas shall not encroach upon public rights-of-way, or public easements. However, per conditions contained herein, private sidewalks that abut restaurants may be used for such seating area.

(5)

Outdoor seating is restricted to the sidewalk or building frontage of the subject licensed restaurant, the rear yard or a side yard if the side yard is abutted by a non-residential use or zone unless otherwise specified in a binding development plan.

(6)

An outdoor seating area must be clearly delineated with planters, decorative fencing, and/or hedges to distinguish such area from the parking area serving the restaurant. When such seating areas are permitted to locate on elevated walkways, piers or docks, this condition does not apply.

(7)

Outdoor seating areas must comply with all county performance standards.

(8)

Outdoor seating shall not encroach upon setbacks established in the surface water protection ordinance.

(9)

Outdoor seating that is provided within a private sidewalk area shall either maintain a five foot wide clear pedestrian path or 50 percent of the sidewalk width, whichever is greater. Such clear pedestrian paths shall be maintained at all times.

(10)

Tables and chairs shall not be placed within five feet of bus stops, fire hydrants, above ground public utilities, bike racks or any type of public street furniture.

(11)

Outdoor seating areas must be maintained in a neat and orderly appearance at all times and must be cleared of all debris on a periodic basis during the day and at the close of each business day.

(12)

If found to be necessary for the protection of the health, safety and welfare of the public, the county manager or his/her designee may require the subject property to immediately remove or relocate all or part of the tables, chairs, etc. of the outdoor seating area.

(13)

The serving or consumption of alcoholic beverages within an outdoor seating area shall comply with the regulations of applicable government agencies.

(14)

No advertising signs or business identification signs shall be permitted within the outside seating area unless permitted by the county sign regulations.

(15)

This section shall not apply to outdoor seating areas that are depicted on site plans approved prior to April 1, 2003.

(Ord. No. 03-36, § 2, 8-7-03; Ord. No. 04-36, § 1, 8-24-04)