Chapter 3-25
OUTDOOR DINING AND MERCHANT DISPLAY USES – DOWNTOWN SPECIFIC PLAN

Sections:

3-25-010    Purpose.

3-25-020    Permit required.

3-25-030    Amortization.

3-25-040    Violations and suspension.

3-25-050    Appeal.

3-25-060    Enforcement.

3-25-010 Purpose.

The purpose of this chapter is to limit outdoor dining and merchant display uses within the downtown specific plan district to the use, development and design standards contained within the master design programs for outdoor dining and merchant display uses in the 2003 downtown specific plan, as it may be amended from time to time. The implementation of the vision outlined in the city’s 2003 downtown specific plan will increase business and pedestrian traffic by providing safe and visually appealing opportunities for outdoor dining and merchant display. (Ord. 1792 § 1, 2006; Ord. 1783 § 2, 2005)

3-25-020 Permit required.

A. No person shall place tables or chairs for outdoor dining in the sidewalk or flexible zone area of the downtown core plan area of the district zoned DSP, as those areas are defined in the 2003 downtown specific plan, without first obtaining a zoning use permit in accordance with this chapter.

B. No person shall place merchandise for display in the sidewalk area or upon outdoor private property between a storefront and the public right-of-way within the downtown core plan area of the district zoned DSP, as those are defined in the 2003 downtown specific plan, without first obtaining a zoning use permit in accordance with this chapter.

C. Any person who wishes to obtain a zoning use permit for the privilege of placing an outdoor dining or merchant display use in the downtown core plan area of the DSP shall submit an application for an encroachment permit and an application for a zoning use permit which includes the items set forth in the 2003 downtown specific plan master design programs for outdoor dining and merchant display uses. Any such application shall be accompanied by the appropriate fees and deposits established by resolution.

D. Any permit issued pursuant to this chapter shall be valid for a period of one year, beginning on January 1st and ending on December 31st. However, during the year for which the permit is issued, flexible zone outdoor dining use is limited to a period of eight months, beginning March 15th and ending November 15th. The permit shall expire at the end of the one-year period. (Ord. 1792 § 1, 2006; Ord. 1783 § 2, 2005)

3-25-030 Amortization.

A sidewalk use permit being used at the time the ordinance codified in this chapter became effective, and which does not conform with the applicable newly enacted regulations, is deemed a “legal nonconforming sidewalk use.” Legal nonconforming sidewalk uses shall be abated or made to meet current outdoor dining and merchant display use requirements set forth in the master design programs for outdoor dining and merchant display uses in the 2003 downtown specific plan by no later than July 5, 2007. (Ord. 1792 § 1, 2006; Ord. 1783 § 2, 2005)

3-25-040 Violations and suspension.

A. It shall be unlawful for any person to use or maintain any outdoor dining or merchant display use, except as permitted by this chapter and in accordance with the provisions of this code and the 2003 downtown specific plan.

B. The violation of any term or condition of, or applicable to, any zoning use permit issued hereunder shall constitute a violation of the provisions of this chapter.

C. The zoning administrator may order the immediate suspension of a zoning use permit for outdoor dining or merchant display use upon a determination that there has been a violation of a provision of this chapter, until such time as the violation is abated. (Ord. 1792 § 1, 2006; Ord. 1783 § 2, 2005)

3-25-050 Appeal.

Determinations by the zoning administrator to approve, conditionally approve, or deny a zoning use permit or encroachment permit application, as well as to suspend any such permit, are subject to the appeal procedures set forth in Chapter 5-15 LPZC. (Ord. 1792 § 1, 2006; Ord. 1783 § 2, 2005)

3-25-060 Enforcement.

Each day a violation of this chapter continues shall constitute a separate offense. The continuing violation of any provision of this chapter shall constitute a public nuisance which may be redressed by civil or criminal action, abated by mandatory or prohibitory process of a court of competent jurisdiction or pursuant to Chapter 1.20 or 1.24 LMC. (Ord. 1792 § 1, 2006; Ord. 1783 § 2, 2005)