§ 14-329. Outdoor dining.

(a) Nature of use.

(1) Outdoor dining is considered an accessory use to a principal use and may be located on either the property for which the permit is approved or extend into the public rights-of-way immediately adjoining the building frontage or street corner side of the property.

(2) Rooftop dining is allowed in all non-residential zoning districts.

(i) Rooftop dining is a permitted use in all non-residential zoning districts, except in the C-1, C-1-VC, and C-2 zoning districts.

(ii) Outdoor dining in a C-1, C-1-V, or C-2 zoning district requires approval as a conditional use by the Board of Municipal and Zoning Appeals.

(3) Paragraphs (1) and (2) of this subsection are subject to the requirements set forth in this section, as applicable.

(b) Pedestrian and parking access.

(1) Outdoor dining may not interfere with the pedestrian access, parking, and safe vehicle maneuverability.

(2) All outdoor dining areas must maintain a 5-foot sidewalk clearance at all times.

(3) If reallocating parking spaces for an outdoor dining area, then the following apply:

(i) If off street parking spaces are being reallocated and result in the loss of required parking, then a parking variance must be obtained from the Board of Municipal and Zoning Appeals.

(ii) If on-street parking spaces are being reallocated, then the applicant must follow the process and guidelines set forth by the Department of Transportation.

Any outdoor dining located in the public right-of-way requires a minor privilege permit.

(d) Required yard and rooftop dining.

(1) Outdoor dining in a non-residential zoning district may not be located in any required yard or rooftop that adjoins a residential zoning district, unless an alley or a street of at least 20 feet in width on the side in which the outdoor dining is proposed is located between the use and the residential district.

(2) If no yard is required or if no alley or street is present, as outlined in paragraph (1) of this subsection the use must maintain at least a 30-foot distance from the property line of any adjacent non-mixed use residential property.

(e) Compactness.

An outdoor dining area located on a public sidewalk adjoining the building street frontage seeking the use should be as compact as possible against the building wall to allow for easy connectivity to the sidewalk on the remainder of the block.

(f) Conditional use applications and permitting.

All applications for the outdoor dining use conditional use must include a site plan that shows:

(1) the size and location of the proposed outdoor dining;

(2) any required pedestrian access;

(3) any required clearances, and;

(4) the location of all reallocated parking spaces.