This proposal will consider ways to allow outdoor dining as an accessory use to a restaurant, carry-out restaurant, restaurant with drive-through, craft beverage production establishment, or other similar use that has a food establishment permit by carrying forward the approach set forth in the Uncodified Ordinance. The amendment would codify standards contained in the Emergency Ordinance that address ADA requirements, alcohol, furniture, life safety issues, location, parking, pedestrian circulation, and signs. Additional proposed standards are discussed further below.
The proposed draft includes the following:
Definition: Add a new definition classifying outdoor dining as an accessory use and prohibiting permanent structures associated with the use.
Permitted Zoning Districts: Permit outdoor dining in all zoning districts as an accessory use, unless expressly prohibited by any applicable proffered condition, development condition, or special permit or special exception approval.
Size: Continue allowing outdoor dining located on impervious areas, such as existing patios or sidewalks of a private property by right, provided any single outdoor dining area does not exceed 50 percent of the indoor dining floor area of the establishment. An advertised range from a minimum of 250 square feet or 25 to 75 percent of the indoor dining area, whichever is greater will be included for consideration.
Access: The outdoor dining area, including any furniture, enclosure, or tent, must not obstruct any fire equipment, building entrance or exit or any other area marked or designated for emergency egress or ADA accessibility, or pedestrian passage on any trail or sidewalk.
Permit Requirement: Any outdoor dining located in a parking lot will be permitted only with the issuance of an Administrative Permit by the Zoning Administrator, subject to a one-time application fee of $205.
Hours of Operation: In order to mitigate potential noise issues related to activities in outdoor dining areas, the hours of operation must generally conform to the business hours of the principal use. An advertised option to prohibit outdoor dining before 7:00 a.m. or after 10:00 p.m. when the outdoor dining area itself is located directly adjacent to single-family development or as otherwise approved by the Board in conjunction with a rezoning or other action before the Board will be included for consideration.
Parking: No additional parking will be required for outdoor dining, regardless of its size or location.
Board of Supervisors Authorization
Tuesday, December 5, 2023
To view the Board Package for this meeting, please visit the Board of Supervisors webpage.
Planning Commission Land Use Process Review Committee
Thursday, October 26, 2023 Staff Presentation
Outdoor Dining ZOA Virtual Community Meeting II
Tuesday, August 15, 2023 Meeting Video
Outdoor Dining ZOA Virtual Community Meeting I
Wednesday, August 9, 2023 Meeting Video