Item 08 - ZONING ORDINANCE AMENDMENT NO. 2022-04

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Ordinance No. NS-XXXX Page 8 of 12 Sec. 41-2206. – Off Street Parking Requirements for Outdoor Dining Areas. Off-street parking for an outdoor dining area shall be provided in accordance to Section 41-1341 of this Chapter, except that: (a) An outdoor dining area located within an integrated development site, as defined in Section 41-83.5 of this Chapter, may convert up to three (3) required off-street parking spaces into outdoor dining without needing to replace such parking. An integrated development site with two-hundred fifty (250) or more off-street parking spaces may convert additional required off-street parking spaces into outdoor dining at the discretion and approval of the Executive Director of the Planning and Building Agency. (b) An outdoor dining area located within a stand-alone development site with one primary eating establishment may convert up to twenty-five (25) percent of the required off street parking spaces into outdoor dining without needing to replace such parking. Sec. 41-2207. – Outdoor Dining Area Modification by Executive Director. The standards of this Article are intended to promote quality development of outdoor dining areas. In special circumstances, modifications to the placement and development standards required per Sec. 41-2204 of this Article may be adjusted, subject to the applicant providing the necessary information for the Executive Director of the Planning and Building Agency to make an informed decision in grating or denying the request for the modification. The approval of a modification per this section shall be accompanied by the following findings: a) Approval of the modification would not result in detrimental impacts to adjacent properties or the character and function of the neighborhood. b) The design, development, and conditions associated with the outdoor dining area are consistent with the goals, policies, and intent of the General Plan, and the purpose, intent, and character of the applicable zone. c) The outdoor dining area creates and provides a visually pleasing setting for occupants, visitors and the general community. d) To the maximum extent feasible, the outdoor dining project includes improvement to the site such as but not limited to: (1) Landscaping shall be improved to bring the site closer into compliance with the landscaping requirements of this Chapter; (2) Parking areas in poor condition shall be improved and maintained in accordance with Section 41-1304 of this Chapter;