| Review | Zoning |
| Review Date | 06/07/2019 |
| Status | Approved |
| Comments |
| Zoning Ordinance requirement for Outdoor cafes. | | Article 12.9.15 Outdoor cafés | | Outdoor cafes may be allowed only as accessory to otherwise allowed restaurants, subject to the following requirements: | | A. Outside of public rights-of-way or easements for public use | | Outdoor cafes are allowed, subject to approval by the Zoning Administrator, when they are located outside of public rights-of-way or easements for public use and comply with the following, except that the County Board may modify the requirements of §12.9.15.A.7 and §12.9.15.A.8 by use permit or site plan, pursuant to §15.4 and §15.5, respectively. | | 1. An outdoor cafe, including any canopies or covers associated with such a café, shall be permitted within the required setback. Said canopies or covers may be affixed to the ground. | | 2. Except as provided in §12.9.15.A.1 above, all fixtures and furnishings in the outdoor café including, but not limited to, tables, chairs, bar, server stations and sources of heat shall be portable and not affixed to the ground, building or other permanent structures. Permanent railings or fences may be permitted only where and to the extent that the building code requires an affixed fence for safety purposes. | | 3. Outdoor cafés shall not be enclosed, except as specified elsewhere in the ordinance. | | 4. Except as may be required by site plan or use permit condition or as otherwise provided in §12.10.5.B.2(b), outdoor cafés are not required to be closed during a season and may be open any day during the year. | | 5. The hours of operation of an outdoor café shall not extend past the normal operating hours of the main use, the restaurant. | | 6. Outdoor cafés located in side or rear yards abutting or across an alley from an “R” or “RA” district shall not operate before 9 am or after 11 pm. | | 7. No sound or audio or video entertainment, including but not limited to television or radio playing of music and/or sports events, may be piped into, or played so as to be visible or audible from the outdoor café area before 9 am or after 11 pm on Fridays and Saturdays and before 9 am or after 10 pm on Sundays through Thursdays. | | 8. Outdoor cafés shall have fewer seats than the indoor portion of the restaurant. | | 9. Outdoor cafés shall be exempt from any parking requirements, unless otherwise required by the County Board when approving a use permit or site plan. |
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