17.52.210

Extracted standards

18 individual requirements pulled out of this section’s prose, each with the sentence it came from.

From the ordinance

This section provides location, development, and operating standards for outdoor dining facilities in compliance with Chapters 17.16 through 17.32. (1) Accessory use. An outdoor dining area may be allowed accessory and incidental to a restaurant with indoor eating area on site, provided that the number of seats provided outdoors shall not exceed the number provided indoors. (2) Alcoholic beverage sales. Outdoor dining areas serving alcoholic beverages shall meet and be in compliance with the requirements of the State Alcohol Beverage Control Board, and the following standards: a. The dining area shall be accessible from the inside of the restaurant only, unless the Director waives this requirement in circumstances where this is not feasible or practical; b. The dining area shall be clearly defined with a physical barrier. It shall clearly be a part of the restaurant it serves; and c. The dining area shall be supervised by a restaurant employee to ensure conformance to laws regarding on-site consumption of alcoholic beverages. (3) Design and use compatibility. To ensure compatibility with surrounding uses and a high standard of design quality, the following standards shall be implemented: a. The outdoor dining area shall be located directly adjacent to the food service establishment which it serves; however, if this is impractical or infeasible, the Director may approve an alternate location; b. Outdoor dining areas and associated structural elements, awnings, covers, furniture, umbrellas, or other physical elements shall be compatible with the overall design of the main structures; c. The use of awnings, plants, umbrellas, and other human scale elements is encouraged to enhance the pedestrian experience; d. The relationship of outdoor dining areas to churches, hospitals, schools, and residential uses shall be considered by the review authority. Mitigation measures shall be utilized to reduce potential impacts related to glare, light, loitering, noise, and odor; and e. Outdoor dining areas shall not encroach into required parking areas, shall not obstruct pedestrian traffic, and shall not create traffic hazards. (4) Setbacks and snow removal. a. Outdoor dining areas may be located in setback areas but shall maintain a minimum five-foot setback to property lines or parking lots; however, no outdoor dining area shall encroach into a setback abutting a residential zone. b. When an outdoor dining area is located in a required front and street side yard setbacks area and operated between November 1 and April 30, the subject property shall participate in a snow removal maintenance district and shall have a snow removal plan approved by the Public Works Director. (5) Clean-up and maintenance. Outdoor dining areas shall be kept in a clean condition and free of litter and food items that constitute a nuisance to public health, safety, and welfare. (6) Parking. The outdoor eating area shall comply with the parking requirements of Chapter 17.44 for restaurants. (7) Sidewalk seating in the Town's right-of-way. An outdoor dining area may be allowed within the Town right-of-way subject to approval of an encroachment permit by the Director and Public Works Director, provided the following standards, in addition to those listed above, are met: a. The outdoor dining area does not interfere with vehicular or pedestrian movement or wheelchair access to, though, and around the site on which the outdoor dining area is located; b. A minimum access width of six to eight feet shall be maintained along all sidewalks and building entrances accessible to the public. The Public Works Director may require additional minimum access width for high use pedestrian areas; c. Outdoor dining areas, including those that do not serve alcohol, shall be separated from the clear pedestrian passage area on the public sidewalk or pedestrian walkway by a temporary barrier that is removed when not in use; d. All tables, chairs, umbrellas, and other elements located in the Town right-of-way shall be removed when not in use and during snow events; e. All businesses with outdoor dining areas in the Town right-of-way shall, prior to the issuance of an encroachment permit, furnish proof of insurance and shall indemnify and hold harmless the Town from any action or expense that may occur as a result of an outdoor dining area being located on any sidewalk or Town right-of-way, satisfactory to the Town Attorney; and f. All businesses with outdoor dining areas in the Town right-of-way shall enter into a maintenance agreement with the Town for maintenance of all portions of the Town right-of-way used and approved by the Director and Public Works Director for outdoor dining.