Outdoor areas for eating, drinking and socializing shall be a permitted accessory use for any restaurant or bar, indoor, hotel or other non-residential uses as allowed in the Matrix: Use Permissions and Parking Requirements. This use differs from the principal use of restaurants or bars, indoor and outdoor. They have dimensional restrictions because they are allowed to be partially exempt from certain regulations.

(Code 1992, § 16.50.320.1; Ord. No. 985-G, § 87, 7-15-2010; Ord. No. 369-H, § 9, 5-16-2019)

A.

The seating capacity of the accessory outdoor area shall not exceed 24 seats or 25 percent of the licensed indoor seating area, whichever is less.

B.

The accessory outdoor area shall not exceed 500 square feet in area.

C.

The accessory outdoor area shall be unenclosed by any walls or planters in excess of four feet in height, except where it abuts the principal structure, but may have a roof.

D.

The accessory outdoor area with amplified sound shall not be located between the building/tenant space and an adjacent residential use or across an alley from a residential use unless a noise mitigation and monitoring plan has been approved by the POD.

E.

The accessory outdoor area may encroach not more than 75 percent into the front yard setback and street side yard setback.

F.

All outdoor loudspeakers shall be oriented away from abutting residential uses and shall be subject to the City noise ordinance.

G.

Additional parking shall not be required for an accessory outdoor area if, prior to commencement of use of the accessory outdoor area, the site complies with the parking requirements for the zoning district or has received a variance from the required number of parking spaces.

H.

An accessory outdoor area proposing to utilize an existing sidewalk on private property shall comply with the dimensional and clearance requirements of the sidewalk café section.

I.

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

J.

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

(Code 1992, § 16.50.320.2; Ord. No. 985-G, § 88, 7-15-2010; Ord. No. 369-H, § 9, 5-16-2019)

A.

Food and drink shall not be sold or served to patrons within an accessory outdoor area between 11:00 p.m. and 8:00 a.m. The use of an accessory outdoor eating area for any purpose shall not extend beyond the hours of operation of the principal use and shall cease before 11:15 p.m. and shall not resume before 7:00 a.m. the following day.

B.

Live outdoor musical performances are prohibited.

(Code 1992, § 16.50.320.3; Ord. No. 985-G, § 89, 7-15-2010; Ord. No. 1029-G, § 48, 9-8-2011; Ord. No. 369-H, § 9, 5-16-2019)