Laserfiche WebLink
Ordinance No. NS-XXXX <br />Page 5 of 12 <br /> <br />Sec. 41-2201. – Applicability. <br /> <br />(a) The provisions of this Article shall apply to: <br /> <br />(1) All new outdoor dining areas located on private property; and <br /> <br />(2) All legally established and existing outdoor dining areas located on private <br />property that are proposed to be expanded or enlarged. <br /> <br />(b) The provisions of this Article do not apply to: <br /> <br />(1) Common outdoor dining and seating areas as part of a development that <br />has been approved through a Development Project Plan in accordance <br />with Division 3 of Article V of this Chapter; and <br /> <br />(2) Outdoor dining areas in the public right-of-way that are subject to the <br />provisions set forth in Article VI (Outdoor Dining Areas in the Public Right- <br />Of-Way) of Chapter 33 (Streets, Sidewalks and Public Works) of the <br />SAMC. <br /> <br />(c) The provisions of this Article are not intended to provide exclusive regulation of <br />the development of an outdoor dining area. An outdoor dining area shall comply <br />with all applicable state and federal laws and all local regulations imposed in <br />other articles of this Chapter and other city ordinances, unless explicitly <br />exempted under this Article. Should a conflict exist between the provisions of this <br />Article and the provisions of other articles of this Chapter, the provisions of this <br />Article shall prevail, unless otherwise determined by the Director of the Planning <br />and Building Agency. <br /> <br />Sec. 41-2202. – Application, Permit, and Review Requirements. <br /> <br />(a) An outdoor dining area shall require approval of an administrative application and <br />permit as established by the Executive Director of the Planning and Building <br />Agency, and shall be developed in compliance with an approved site plan that <br />indicates the area dedicated for outdoor dining and the maximum seating <br />capacity. <br /> <br />(b) Approval of the outdoor dining area permit shall be granted only to the property <br />owner or business owner of the eating establishment with written concurrence of <br />the property owner. <br /> <br />(c) When an eating establishment use is proposed to be replaced with another <br />eating establishment where an outdoor dining area permit has been previously <br />approved pursuant to this Article, the new business owner may continue to utilize <br />the existing outdoor dining area without obtaining a separate outdoor dining <br />permit, so long as such business owner submits an agreement to comply with the <br />previously approved outdoor dining area permit application, conditions, and the <br />requirements of this Article. Such agreement shall be on a form as approved by <br />the Executive Director of the Planning and Building Agency.