Chapter 17.75
OUTDOOR DINING
Sections:
17.75.010 Outdoor dining – Permitted secondary use.
17.75.020 Primary uses requiring a conditional use permit.
17.75.030 Reduction of outdoor seating by existing nonconforming seating.
17.75.040 Outdoor dining buildings or structures.
17.75.010 Outdoor dining – Permitted secondary use.
Limited outdoor seating for outdoor dining is hereby allowed as a permitted secondary use in the BN – neighborhood business zone, BC – community business zone, BD – downtown business zone, CW – commercial waterfront zone, and CG – general commercial zone. Seating shall be limited to an additional 10 percent of the existing interior seating of the establishment or eight seats, whichever is greater, and shall be located outside of public rights-of-way. No additional parking stalls shall be required for outdoor dining usage. [Ord. 3628 § 3, 2007; Ord. 3312 § 1, 2000].
17.75.020 Primary uses requiring a conditional use permit.
Outdoor dining shall be a primary use requiring a conditional use permit in the BN – neighborhood business zone, BC – community business zone, BD – downtown business zone, CW – commercial waterfront zone, and CG – general commercial zone, for outdoor seating which exceeds 10 percent of the existing interior seating in the establishment or more than eight seats, whichever is greater. This use shall be established and maintained only in accordance with the terms of a conditional use permit approved by the staff under the staff decision (notice required) process established pursuant to ECDC 20.95.050. At a minimum, the conditions considered for imposition by the staff may include a restriction on operating hours, location of the outdoor seating, and/or buffering of the noise and visual impacts related to the outdoor dining seating. All seating permitted pursuant to the conditional use permit shall be located outside of public rights-of-way. If outdoor seating is approved under these provisions, no additional parking stalls shall be required for the outdoor dining. [Ord. 3628 § 4, 2007; Ord. 3312 § 1, 2000].
17.75.030 Reduction of outdoor seating by existing nonconforming seating.
An existing eating establishment with nonconforming seating which exceeds the current standards of the city zoning ordinance may utilize outdoor dining as a permitted secondary use or as a primary use requiring conditional use permit; provided, however, that the outdoor seating shall not increase the nonconformity of the establishment. For example, an existing establishment whose interior seating exceeds the normally permitted seating requirement for the zone by four seats, outdoor dining permitted as a secondary use shall be reduced by four seats. Any additional seating shall require a conditional use permit pursuant to the provisions of ECDC 17.75.020. [Ord. 3312 § 1, 2000].
17.75.040 Outdoor dining buildings or structures.
Any building or structure such as a service stand, fence, planter, kiosk, awning or other shelter utilized in serving outdoor diners shall fully comply with all provisions of the State Building Code and this community development code, including but not limited to architectural design approval. [Ord. 3312 § 1, 2000].