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012 of 2001 - amending the code regarding outdoor dining 0 01-1 0 01-4 SALT LAKE CITY ORDINANCE No. 12 of 2001 (Amending the Salt Lake City Code regarding Outdoor Dining) AN ORDINANCE AMENDING THE SALT LAKE CITY ZONING CODE REGARDING OUTDOOR DINING, PURSUANT TO PETITION NO. 400-00-40. WHEREAS, the Salt Lake City Zoning Code allows for outdoor dining in required yard areas, subject to certain restrictions, and WHEREAS, it is proposed that the regulations regarding outdoor dining be modified so as to encourage and promote additional outdoor dining opportunities in the City; and WHEREAS, the City Council of Salt Lake City, Utah, finds that after public hearings before its own body and before the Planning Commission, that portions of the Salt Lake City Zoning Code which relate to outdoor dining should be amended and that such amendments are in the best interest of the City; NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Section 21A.40.065 of the Salt Lake City Code shall be and hereby is enacted to read as follows: 21A.40.065 Outdoor Dining Outdoor Dining, in conjunction with a licensed indoor restaurant, tavern, brewpub, microbrewery or private club, is allowed within the buildable lot area, in all zoning districts where such uses are allowed, as either a permitted or conditional use. Outdoor Dining, in conjunction with a licensed indoor restaurant, tavern, brewpub, microbrewery or private club, is allowed within the required landscaped yard or buffer area, in all commercial and manufacturing zoning districts where such uses are allowed, excepting the RB, CN, MU and RMU zones (see section 21A.52), subject to the following conditions: A. All requirements of Section 21A.48, Landscaping, and Section 21A. 36.020, Obstructions, are met. B. All required business, health and other regulatory licenses for the adjoining indoor restaurant, tavern, brewpub, microbrewery or private club have been secured; and C. A detailed site plan demonstrating the following: 1. All the proposed outdoor dining activities will be conducted on private property owned or otherwise controlled by the applicant and that none of the activities will occur on any publicly owned rights-of-way unless separate approval for the use of any such public rights-of-way has been obtained from the city; 2. The location of any paving, landscaping, planters, fencing, canopies, umbrellas or other table covers or barriers surrounding the area; 3. The proposed outdoor dining will not impede pedestrian or vehicular traffic; and 4. The main entry has a control point as required by state liquor laws. D. The proposed outdoor dining complies with all conditions pertaining to any existing variances, conditional uses or other approvals granted for property. E. Live music will not be performed nor loudspeakers played in the outdoor dining area unless the decibel level is within conformance with Salt Lake City noise control ordinance, Chapter 9.28 F. No additional parking is required unless the seating capacity is being increased by more than 500 square feet. Parking for outdoor dining areas in excess of 500 square feet is required at a ratio of 3 stalls per 1000 square feet of outdoor dining area. This requirement may be waived as a special exception, subject to Section 21A.52.100.F, or if the outdoor dining is approved as part of a conditional use, Section 21A.54. No additional parking is required in the D-1, D-2, D-3, D-4 or GMU zones. SECTION 2. Section 21A.52.030.O of the Salt Lake City Code shall be and hereby is amended to read as follows: O. Outdoor dining in required yard areas (subsection 21A.52.100.F of this chapter); SECTION 3. Section 21A.52.100.F of the Salt Lake City Zoning Code shall be and hereby is amended to read as follows: 2 F. Outdoor Dining in Required Yard Areas. The board of adjustment may approve as a special exception outdoor dining in required front, rear and side yards if the board of adjustment finds that: 1. The proposed outdoor dining is in conjunction with and incidental to an allowed and licensed indoor restaurant, private club, or tavern in the RB, CN, MU and RMU zones or any zone allowing such uses where the outdoor dining does not comply with section 21A.48 Landscaping, or 21A.36.020B, Obstructions; 2. All required business, health and other regulatory licenses for the adjoining indoor restaurant have been secured; and 3. A detailed site plan demonstrating the following: a. All the proposed outdoor dining activities will be conducted on private property owned or otherwise controlled by the applicant and that none of the activities will occur on any publicly owned rights-of-way unless separate approval for the use of any such public rights-of-way has been obtained from the city, b. The location of any paving, landscaping, planters, fencing, canopies, umbrellas or other table covers or barriers surrounding the area, and c. The proposed outdoor dining will not impede pedestrian or vehicular traffic; 4. The proposed outdoor dining complies with all conditions pertaining to any existing variances, conditional uses or other approvals granted for the property; 5. Live music will not be performed nor loudspeakers played in the outdoor dining area unless the decibel level is within conformance with Salt Lake City/noise control ordinance, Chapter 9.28.; and 6. Parking will be adequate to support the additional parking needs of the outdoor dining activities. Shared parking is allowed. SECTION 4. Effective Date. This ordinance shall become effective on the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this 6th day of March , 200(1 CHAIR RSON 3 ATTEST AND COUNTERSIGN: CHIEF EPUTY CITY ECORDER Transmitted to Mayor on March 6, 2001 , Mayor's Action: Approved. Vetoed. A a. , , `•" ,,,,:,,•'-',° ,, CHIEF DEPUTY CITY RECORDER TY w:hz4h ,.SEAL) .'.:-.,' .1..r.,p'f'4 . ''.:.' ;' •).' .42 1-,. .'..7.--. ..7 .. .. . � Bill No. 12 of 2001 Published: March 14, 200.1. G:\Ordina00\Amcnding Code re outdoor dining-Clean-Oct 26,2000.doc 4