This section shall apply to sidewalk cafes, restaurants, and bars, including both indoor and outdoor uses, and other privately owned non-residential outdoor places, as that term is defined in Chapter 11, Article III of the City Code.

(Code 1992, § 16.50.310.1; Ord. No. 369-H, § 8, 5-16-2019)

Restaurants and bars, indoor and outdoor uses shall be allowed as provided in the Matrix: Use Permissions and Parking Requirements and shall comply with the development standards of the zoning district, the general development standards, and this section.

(Code 1992, § 16.50.310.2)

A.

An outdoor eating and drinking area or any other non-residential privately owned outdoor place shall not be located between the building/tenant space and an adjacent residential use or across the alley from residential use unless a noise mitigation and monitoring plan has been approved by the POD.

B.

A noise mitigation and monitoring plan is required for any outdoor amplified sound system installed, expanded or modified after June 1, 2019 within 1,000 feet of any residential or hotel use, including mixed-use buildings. Any time an outdoor area or sound system is established, expanded or modified or when a new business having operating hours after 11:00 p.m. on weekdays and 12:00 a.m. (midnight) on Fridays, Saturdays, and the days prior to a national holiday is established, a noise mitigation and monitoring plan, properly certified to meet ANSI and ASA standards, shall be provided to the POD to demonstrate how the operation will comply with the noise ordinance and shall, at minimum, include the number and orientation of speakers, noise mitigation methods, operating hours, location of stages and performing areas and monitoring requirements.

C.

Structures associated with an outdoor eating and drinking area shall be compatible with the principal structure for exterior building finishes, colors, roofing, materials and for design and architectural style and theme.

D.

Foundation landscaping shall be provided around the outdoor eating and drinking area as required by the landscaping and irrigation section.

(Code 1992, § 16.50.310.3.1; Ord. No. 985-G, §§ 84, 85, 7-15-2010; Ord. No. 369-H, § 8, 5-16-2019)

A.

Live outdoor musical performances are allowed and are subject to the noise ordinance.

(Code 1992, § 16.50.310.3.2; Ord. No. 985-G, § 86, 7-15-2010; Ord. No. 369-H, § 8, 5-16-2019)