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028 of 1991 - Amending Portions of Title 21 to Allow Outside Dining as a Conditional Use Pursuant to Petition No.0 91-)1 0 91-15 SALT LAKE CITY ORDINANCE No. 28 of 1991 (Amending Portions of Title 21 to Allow Outside Dining as a Conditional Use Pursuant to Petition No. 400-801-90) AN ORDINANCE ADDING SECTIONS 21.04.356 AND 21.80.91 THROUGH ALLOWING OUTSIDE DINING AS A CONDITIONAL USE IN REQUIRED FRONT YARDS, REAR YARDS AND SIDE YARDS PURSUANT TO PETITION NO. 400-801-90. WHEREAS, the City Council of Salt Lake City, Utah, has held public hearings before its own body and before the Planning Commission; and WHEREAS, the City Council believes it appropriate to allow outside dining in required rear, front and side yards subject to certain restrictions. NOW THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Section 21.04.356 be, and the same hereby is, enacted to read as follows: 21.04.356 Outside Dining In Required Setbacks. Outside dining in the required setbacks means any group of tables, chairs and benches, and authorized decorative and accessory devices, situated and maintained within required setback areas for the consumption of food and beverages from an adjoining indoor restaurant or licensed private club. SECTION 2. That Sections 21.80.091 through .098 be, and the same hereby are, enacted to read as follows: 21.80.091 Outside Dining Conditional Use. Outside dining in required front, rear and side yards may be allowed as a temporary conditional use subject to the procedures and requirements of the following Sections 21.80.092 through .098 or their successors. 21.80.092 Application. Application for outside dining conditional uses shall be filed with the Planning Division. Such applications shall include detailed information concerning the criteria specified in Sections 21.80.093 below. 21.80.093 Approval Criteria. A. The Planning Director or the Director's designee may, after an administrative hearing, authorize the issuance of a temporary permit for a conditional use if the Planning Director finds that the area proposed for outside dining supports a desirable development pattern and is in conformance with the City Master Plan for the area. The approval criteria to be considered include: 1. Evidence of all required business, health and other regulatory licenses for the adjoining indoor restaurant; 2. Evidence that the proposed outside dining is in conjunction with and incidental to an allowed indoor restaurant; and 2 3. A detailed site plan showing: a. That all the proposed outside dining activities will be conducted on private property owned or otherwise controlled by the petitioner 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 have been obtained; b. The location of any paving, landscaping, planters, fencing, canopies, umbrellas or other table covers or barriers surrounding the area. c. That the proposed outside dining will not impede pedestrian or vehicular traffic. 4. Evidence that the proposed outside dining use complies with all existing variances, special exceptions and conditional uses associated with the proposed site. 5. Evidence of the proposed outside dining's effect on the desirable development pattern for the area, conformance with the City's Master Plan and effect on neighboring properties. B. At least ten (10) days prior to the administrative hearing, notice shall be given to all property owners and residents within a radius of six hundred (600) feet of the property lines of the proposed outside dining and all neighborhood organizations registered or recognized pursuant to Chapters 2.60 or 2.62. 21.80.094 Prohibitions. The performance of live music or the playing of loudspeakers 3 in the outside dining area is prohibited. 21.80.095 Design Requirements. Subject to the provisions of Sections 21.80.091 through .098, if the Planning Director finds that the conditional use is appropriate for the site, the Planning Director may require any other conditions reasonably necessary to ensure compatibility of uses within the district in conformance with the adopted Master Plans, policies and the protection of property values including additional parking requirements, limitation on hours of operations, screening, buffering treatments or similar protections. 21.80.096 Term of Conditional Use. The Planning Director may determine the length of any conditional use under these provisions for periods of not more than one year. The Planning Director may, at the expiration of any permit, extend the conditional use for an additional period not exceeding one year after reviewing the outside dining operations and determining that such a continued conditional use is appropriate subject to the considerations above. The Planning Director may, in extending any additional conditions pursuant 21.80.097 Loss of Conditional The Planning Director may such conditional use, impose to Section 21.80.095 above. Use. terminate any conditional use permit if the Planning Director finds that: A. Any of the required licenses or permits have been revoked or suspended; 4 B. The outside dining area has not been maintained in a clean and safe manner; C. Any of the provisions of Sections 21.80.091 through .098 have been violated; D. Any of the design requirements of Section 21.80.095 have not been complied with; or, E. The outside dining use has become a public nuisance 21.80.098 Appeal. A. Any person aggrieved by the decision of the Planning Director may appeal that decision to the Planning Commission upon filing a written Notice of Appeal within ten (10) days after the entry of the Planning Director's decision. Any person aggrieved by the subsequent decision of the Planning Commission may appeal that decision to the City Council by filing a written Notice of Appeal within ten (10) days of the entry of the Planning Commission's decision. B. The hearing on any appeal provided above shall be held within thirty (30) days of the filing of the completed appeal application and the appeal shall be decided within ten (10) days of the hearing. C. No license or permit for any outside dining conditional use shall be issued until any appeals time provided above have expired or a final decision has been issued by the City Council. SECTION 3. EFFECTIVE DATE. This ordinance shall become effective immediately upon its first publication. 5 Passed by the City Council of Salt Lake City, Utah, this 7 day of May ATTEST: CI R15ER , 1991. CHAIRPERSON ansmitted to the Mayor on May 7, 1991 Mayor's action: x ATTEST: (SEAL) Bill No. 28 Published: BRB:ap 5/7/91 of 1991. May 15, 1991 • Approved 6 Vetoed.