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NS-3033
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NS-3033
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Last modified
12/28/2022 3:16:12 PM
Creation date
12/28/2022 2:44:26 PM
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Template:
City Clerk
Doc Type
Ordinance
Agency
Clerk of the Council
Doc #
NS-3033
Item #
8.
Date
12/20/2022
Destruction Year
P
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(k) When an outdoor dining area is located adjacent to sensitive uses (e.g., <br />residential uses, parks, playgrounds, and private and public schools (k- <br />12)), provisions shall be made to minimize noise, light, and odor impacts <br />on the adjacent sensitive uses. This may include without limitation a <br />sound -buffering acoustic wall and/or separation by a physical barrier to <br />define the limits of the outdoor dining area. <br />Sec. 41-2205. — Operational Standards. <br />Outdoor dining shall comply with the following operational standards: <br />(a) All areas in and around the outdoor dining area shall be well kept and <br />maintained free of trash and debris. <br />(b) The hours of operation for the outdoor dining area shall be limited to the <br />hours of operation for the eating establishment. However, if the outdoor <br />dining area is adjacent to a sensitive use, such hours of operation may be <br />restricted to reasonable operating hours as determined by the Executive <br />Director of the Planning and Building Agency. <br />(c) The outdoor dining area shall be operated in a manner to comply with the <br />noise provisions pursuant to Section 10-153 of Chapter 10 of the SAMC. <br />(d) Establishments with an approved conditional use permit (CUP) pursuant <br />to Section 41-196 (Establishments Selling Alcoholic Beverages) of this <br />Chapter may serve alcoholic beverages within the outdoor dining area if <br />consistent with the scope and intent of the CUP, as evaluated by the <br />Executive Director of the Planning and Building Agency. <br />(e) No heating, cooking or open flames are permitted in the outdoor dining <br />area. <br />(f) Heating units are permitted only if an outdoor approved type and located <br />in accordance with the manufacturer's recommendations. Propone tanks, <br />if used, shall not be stored outdoors. <br />(g) Movable furniture must be secured or moved inside the primary <br />establishment at closing time. <br />(h) All outdoor dining furnishings and materials shall be maintained and <br />cleaned regularly with no ripped, faded, or otherwise damaged materials. <br />Any damaged materials shall be repaired or replaced immediately. <br />(i) The outdoor dining area shall be operated in a manner that complies with <br />all applicable federal, state, county and city laws and regulations. <br />Q) The outdoor dining area shall not be detrimental to the health, safety, or <br />welfare of persons residing or working in the vicinity. <br />Sec. 41-2206. — Off Street Parking Requirements for Outdoor Dining Areas. <br />Ordinance No. NS-3033 <br />Page 7 of 11 <br />
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