17.52.210

Other

• Accessory useAccessory useA secondary activity customarily incidental to the main use of the lot — a garage, a home office. only

  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.

• Alcohol service requirements

  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.

• Insurance required

  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.

• Maintenance agreement required

  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.

• Parking compliance

  The outdoor eating area shall comply with the parking requirements of Chapter 17.44 for restaurants.

• Removal when not in use

  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.

• Residential zone encroachment prohibitedProhibitedNot allowed in the district at all, short of rezoning or a variance.

  no outdoor dining area shall encroach into a setback abutting a residential zone.

• Right-of-way encroachment permit

  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:

• Outdoor seat limit

  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.

• Minimum setbackSetbackThe distance a building must be held back from a lot line. to property line5 ft

  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.

• Minimum sidewalk access width6 ft

  A minimum access width of six to eight feet shall be maintained along all sidewalks and building entrances accessible to the public.

• Snow removal plan required

  When an outdoor dining area is located in a required front and street side yards setback areas 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.

• Temporary barrier required

  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.