§ 158.136. Outdoor dining for restaurants.

(A)

The purpose of this section is to provide standards to be specifically applied to special exception use applications for outdoor dining at a restaurant. An outdoor dining area at a restaurant shall not be permitted unless it complies with each of the following standards:

(1)

The principal use of the property shall be a restaurant that provides indoor dining, outdoor dining or both types of dining.

(2)

The outdoor dining area shall be used only for food service, drink service, as a waiting area and for casual seating.

(3)

All food and drink preparations shall take place within the confines of an enclosed restaurant building located on the same site as the outdoor dining area.

(4)

An outdoor dining area shall be considered an expansion of a restaurant. Accordingly, an outdoor dining area shall be designed in such a manner that will maintain a free, unobstructed connection between the restaurant and outdoor dining areas. All regulations that pertain to restaurant dining areas shall apply to outdoor dining areas.

(5)

An outdoor dining area may be located within the required street yard, the required canal, bay, or pass waterfront yard, and within a nonrequired yard. An outdoor dining area shall not be located in any required side or rear yard when that yard abuts residential property.

(6)

All outdoor dining areas shall meet the regulations for parking under section 158.128 as may be modified by subsection 158.178(A)(1).

(7)

The entire ground service area of the outdoor dining area shall have an improved walking surface.

(8)

The entire perimeter of the outdoor dining area shall be physically delineated by the improved walking surface, railing, fencing, a wall, landscaping, or similar device deemed by the planning and zoning board to be consistent with the intent of this subsection.

(9)

Hours of operation.

(a)

The hours of operation for an outdoor dining area shall not be before or extend beyond the hours of operation for an associated indoor dining area, at which time, lights, other than safety and security lighting, shall be prohibited;

(b)

When an outdoor dining area is located within 250 feet of residential property, service in the outdoor dining area shall not begin before 8:00 a.m. and the outdoor dining area shall be vacated by 10:00 p.m., at which time, lights, other than safety and security lighting, shall be prohibited;

(c)

When a restaurant is not associated with an indoor dining facility and not within 250 feet of a residential property, service in the outdoor dining area shall not begin until 6:30 a.m. and the dining area shall be vacated by 11:00 p.m., at which time, lights, other than safety and security lighting, shall be prohibited.

(10)

No music or amplified voices shall be allowed in the outdoor dining area. Noise shall not be audible more than 50 feet from the commercial property and shall otherwise be in accordance with section 130.02, Loud and Unnecessary Noise, of the Town Code, as may be amended.

(11)

All lighting used in conjunction with an outdoor dining area shall be designed and installed in a manner to avoid glare being directed toward a public or private right-of-way, adjacent property, and the Gulf of Mexico pursuant to chapter 100 of the Town Code, Sea Turtles, as may be amended.

(12)

An outdoor dining area shall be screened from all adjacent properties and rights-of-way. The required landscaped screening shall comply with the standards contained in subsections 158.154(A)(1) and (2), except that the required screening in a street or waterfront yard shall have a height of three feet and the required screening in the side, rear or nonrequired yards shall have a maximum height of six feet. In addition, the required screen shall be at least 80 percent opaque.

(13)

All furniture within an outdoor dining area shall be portable, meaning that such furniture shall be easily removable from the outdoor dining area. Portable furniture may include tables, chairs, and umbrellas. The maximum diameter of an umbrella shall be eight feet and shall be fabric covered. In the event of a tropical storm, the furniture shall be physically secured or stored within the restaurant building or other on-site enclosed storage area.

(14)

Outdoor dining located in a bay or canal waterfront yard may be covered by a permanent roof structure or retractable or collapsible awning or canopy, so long as it meets all of the following criteria:

(a)

One hundred percent of the approved outdoor dining area may be covered by the roof, awning or canopy;

(b)

A minimum bay or canal waterfront yard of 20 feet, as measured from the edge of the roof, awning or canopy shall be maintained;

(c)

A permanent roof structure shall be included in the site's overall building coverage and nonopen space calculations, verified by a licensed design professional, and shall not exceed that permitted for the underlying zoning district or outline development plan approval, whichever is applicable;

(d)

A retractable or collapsible awning or canopy shall not be counted as building coverage;

(e)

A permanent roof structure shall meet all other applicable zoning code requirements;

(f)

The highest point of the roof, awning or canopy shall not be more than 19 feet from the finished floor elevation of the approved outdoor dining area;

(g)

The approved outdoor dining area shall not be enclosed by permanent walls;

(h)

The approved outdoor dining area shall not have permanent climate control equipment;

(i)

A permanent outdoor dining roof structure shall be reviewed and may be approved by the planning and zoning board through the site plan amendment, outline development plan amendment, or special exception process, whichever is applicable;

(j)

A retractable or collapsible awning or canopy outdoor dining shelter may be approved administratively by the planning, zoning and building director.

(15)

No signs, unless specifically exempted in the town sign code, shall be permitted within the outdoor dining area.

(16)

Any increase in the total number of seats at the restaurant in conjunction with the establishment of an outdoor dining area, may subject the property owner to an assessment of a sewer/water connection fee in accordance with Town Code chapter 51, Charges, Rates and Billing.

(Ord. 90-06, passed 3-19-90; Amd. Ord. 95-19, passed 1-9-96; Amd. Ord. 04-25, passed 1-3-05; Amd. Ord. 07-16, passed 11-5-07; Ord. 2008-35, § 5, passed 2-2-09)