§ 30-1402. Development standards for new outdoor seating areas.

(a)

The director of the planning and development services department shall review proposed outdoor seating areas in accordance with the applicable provisions of article IV, division 2 of this chapter. The director and village council, as applicable, may approve, approve with conditions (including hours of operation), or deny the application.

(b)

Outdoor seating areas may be authorized in conjunction with a lawfully established commercial business that sells food and beverages for on-site consumption as provided for in article V of this chapter, provided the outdoor seating area complies with each of the development standards set forth herein and in this chapter. The proposed outdoor seating area and maximum number of seats shall be delineated on the required site plan. Failure to comply with any of the standards enumerated below shall be deemed adverse to the public interest:

(1)

The maximum number of allowable outdoor seating shall not exceed the allowable intensity of use of the property as provided for in article V of this chapter. Outdoor seating area shall be considered floor area for purposes of calculating allowable intensity of use, floor area ratio, required bufferyards and landscaping, parking, open space, stormwater drainage requirements, and all other applicable regulations;

(2)

No table, bench, chair, or umbrella shall be placed in any area specified on an approved site plan for on-site traffic circulation, landscaping, parking, loading, setback area, stormwater drainage area, or bufferyard;

(3)

Outdoor seating areas located on water-dependent structures serving commercial uses shall obtain a special approval and comply with the shoreline environmental and development criteria set forth in article VII, division 2 of this chapter. A Class D bufferyard shall be installed in the setback area if the outdoor seating area is adjacent to an unaltered shoreline to ensure compatibility with adjacent properties. A Class B bufferyard shall be installed in the setback area if the outdoor seating area is adjacent to an altered shoreline to ensure compatibility with adjacent properties. The required bufferyard may be reduced 50 percent if the applicant installs a minimum four-foot solid fence on the perimeter of the outdoor seating area;

(4)

No permanent food or beverage preparation structures shall be permitted within the proposed outdoor seating area unless all required development permits are obtained;

(5)

The restaurant, café, bar or similar establishment that sells food and beverages for on-site consumption complies with:

a.

State department of health (DOH) standards for septic tanks or on-site sewage disposal systems, as may be amended from time to time; or

b.

State department of environmental protection (DEP) standards for package plants or advanced wastewater systems, as may be amended from time to time;

(6)

The proposed outdoor seating area complies with the accessibility standards set forth in 42 USC 12101 et seq. (Americans with Disabilities Act), and F.S. ch. 553, pt. II (F.S. § 553.501 et seq.) (Florida Americans with Disabilities Accessibility Implementation Act);

(7)

Food and beverage service is not provided to persons in parked cars or through the use of a drive-up window;

(8)

The proposed outdoor seating area does not impede pedestrian or vehicle movement, nor impede pedestrian ingress and egress from any adjacent structure;

(9)

The proposed outdoor seating area is compatible and generally consistent with the uses and character of the land surrounding and in the vicinity of the land proposed for development;

(10)

The proposed outdoor seating area shall be delineated with decking, concrete, fencing, landscaping, overhangs, pavers, shade coverings, or other similar treatment approved in writing by the director;

(11)

The design of the proposed outdoor seating area minimizes adverse effects, including visual impact and intensity of the proposed use on adjacent lands; and

(12)

The proposed outdoor seating area minimizes environmental impacts, including but not limited to water, air, stormwater management, wildlife, vegetation, wetlands and the natural functioning of the environment.

(c)

Proposed new outdoor seating areas adjacent to existing residential uses or residential zoning districts, except for existing on-site housing located on the property where the new outdoor seating is proposed, may only be approved by the village council at a public hearing noticed in accordance with subsection 30-213(h). For the purposes of this subsection, "adjacent residential uses or residential zoning districts" shall be considered all residentially used or zoned property that shares a common boundary line with the property subject to the application. If the property subject to the application is located on a canal or fronts on a public right-of-way, the common boundary shall be considered the midpoint of the canal or right-of-way.

(Ord. No. 02-01, § 2(6.8.2), 1-10-2002; Ord. No. 10-01, § 6, 1-14-2010)