21.6.W Outdoor Seating For Dining And Smoking

Unless otherwise prohibited by City ordinances, outdoor seating is permitted as accessory to a bar or restaurant (all types) and a retail goods establishment that sells food products, such as a delicatessen, bakery, or grocery, but shall comply with the following standards:

1.  Outdoor seating shall not interfere with pedestrian access or parking areas.

2.  Outdoor seating is permitted in a required yard area, with the exception of any required yard area that abuts a residential district.

3.  A distinct delineation shall be maintained between any public right-of-way and the outdoor seating area through the use of hardscape and architectural elements, such as a masonry wall, fence, planters, or bollards.

4.  If outdoor seating areas are paved, the paving shall be permeable.

5. When a structure is required to be constructed at a build-to line, the structure may have up to fifty percent (50%) or sixty (60) linear feet of the front façade, whichever is less, designated as outdoor seating within a maximum setback of twenty-five (25) feet maximum from the required build-to line. (See Figure 21-6: Build-To Exception for Outdoor Dining)

6.  Any outdoor seating areas located within the public right-of-way require approval of a Sidewalk Use Permit from the Department of Safety and Permits and shall be considered a temporary use in accordance with the standards of Section 21.8.

7.  On-site outdoor seating areas are included in calculation of parking requirements, where applicable.  Temporary sidewalk cafés shall not be included as part of the calculation of parking requirements.

FIGURE 21-6: BUILD-TO EXCEPTION FOR OUTDOOR SEATING

Ord. 27,599 MCS, §2, November 21, 2017, Zoning Docket 071-17; Ord. 29126, 8-12-22, ZD016/22