058 of 2014 - Amending Section 21A.40.065 pertaining to outdoor dining 0 14-1
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SALT LAKE CITY ORDINANCE
No. 58 of 2014
(An ordinance amending Section 21A.40.065
of the Salt Lake City Code pertaining to outdoor dining)
An ordinance amending Section 21A.40.065 of the Salt Lake City Code pursuant to Petition
No.PLNPCM2014-00106 to allow outdoor dining for nonconforming restaurant uses.
WHEREAS,the Salt Lake City Planning Commission held a public hearing on May 28,2014
to consider a request made by Jude Rubadue(Petition No.PLNPCM2014-00106)to adopt a new
Section 21A.38.170 to allow outdoor dining associated with a legal,nonconforming restaurant use;
and
WHEREAS,as part of its report to the planning commission,planning division staff
proposed an alternative text amendment to Section 21A.40.065(Zoning:Accessory Uses,Buildings
and Structures:Outdoor Dining);and
WHEREAS,at its March 28,2014 hearing,the planning commission voted in favor of
recommending to the Salt Lake City Council that the city council adopt the alternative proposed by
planning division staff to amend Sections 21A.40.065 of the Salt Lake City Code identified herein;
and
WHEREAS,after a public hearing on this matter the city council has determined that
adopting this ordinance is in the city's best interests,
NOW,THEREFORE,be it ordained by the City Council of Salt Lake City,Utah:
SECTION 1. Amending text of Salt Lake City Code Section 21A.40.065. That Section
21A.40.065 of the Salt Lake City Code(Zoning:Accessory Uses,Buildings and Structures:
Outdoor Dining),shall be,and hereby is,amended to read as follows:
21A.40.065:OUTDOOR DINING:
"Outdoor dining",as defined in Chapter 21 A.62 of this title,shall be 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 the public way shall be permitted subject
to all city requirements.
Outdoor dining is allowed within the required landscaped yard or buffer area,in
commercial and manufacturing zoning districts where such uses are allowed.Outdoor
dining is allowed in the RB,CN,MU,R-MU.RMU-35 and the RMU-45 zones and for
nonconforming restaurants and similar uses that serve food or drinks through the
provisions of the special exception process(see Chapter 21A.52 of this title).All outdoor
dining shall be subject to the following conditions:
A. All requirements of Chapter 21A.48 and Section 21 A.36.020 of this title are met.
B. All required business,health and other regulatory licenses for the outdoor dining have
been secured.
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 di ping will not impede pedestrian or vehicular traffic;and
4. The main entr y 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 the Salt Lake City noise control
ordinance,Title 9,Chapter 9.28 of this code.
F. No additional parking is required unless the total outdoor dining area ever exceeds
five hundred(500)square feet.Parking for outdoor dining areas in excess of five
hundred(500)square feet is required at a ratio of two(2)spaces per one thousand
(1,000)square feet of outdoor dining area.No additional parking is required in the D-
1,D-2,D-3,D-4,TSA,or G-MU zone.
G. Smoking shall be prohibited within the outdoor dining area and within twenty five
feet(25')of the outdoor dining area.
H. The proposed outdoor dining complies with the environmental performance standards
as stated in Section 21A.36.180 of this title.
I. Outdoor dining shall be located in areas where such use is likely to have the least
adverse impacts on adjacent properties.
SECTION 2. Effective Date. This ordinance shall become effective on the date of its
first publication.
Passed by the City Council of Salt Lake City,U •.• tr . day of September ,
2014.
( t
AT N C ERSIGN:
CITY RECORDER
Transmitted to Mayor on October 15, 2014 .
Mayor's Action: )( Approved. Vetoed.
MA i'
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CITY RECORDER /1'
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Bill No. 58 of 2014. APPROVED AS TO FORM
Salt Lake City Attorney's Office
Published: 10-24-14 Date: ?1J/y
By: c
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