§ 12.13.060. Sidewalk dining occupancy permit—Required findings.

No permit may be issued until the application is approved, by the director and all of the following findings are made by the director:

A.

The proposed sidewalk dining activity meets the standards of this chapter; and

B.

The proposed sidewalk dining activity does not unduly interfere with the use of the public right-of-way by adjoining property owners and tenants; and

C.

The proposed sidewalk dining activity is complementary to and not inconsistent with the underlying dedication for public right-of-way and is not inconsistent with the city's title or estate in the underlying public walkway; and

D.

The property sidewalk dining activity is compatible with the use and enjoyment of surrounding neighborhood uses; and

E.

The proposed sidewalk dining activity does not impede travel on the public walkway or create a hazard to the safety or health of passers-by; and

F.

The proposed sidewalk dining activity does not unlawfully alter the associated use of the abutting property; and

G.

The abutting property has previously received all necessary zoning related approvals; and

H.

Whether or not the director approves the serving of alcohol in a sidewalk dining area. The director's approval shall be based upon a finding that serving of alcohol in the specific sidewalk dining area would not be likely to create a nuisance to passers-by or to adjoining businesses or otherwise to create a danger to public health, safety or welfare.

(Ord. 6524 § 1 (part), 1993; Ord. 6515 § 2 (part), 1992)