Item 08 - ZONING ORDINANCE AMENDMENT NO. 2022-04

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