23.302.060 Sidewalk Cafe Seating.
A. Section Purpose and Intent.
1. This section establishes a process to terminate an AUP previously issued for sidewalk cafe seating and identifies new permits required for this use.
2. It is the intent of the City to discontinue issuance of new and terminate existing AUPs for sidewalk cafe seating because the City did not intend to create a land use entitlement which ran with the land for this use, which occurs on the public right-of-way. The City also intends to eliminate the discretionary aspect of permit issuance for sidewalk cafe seating and to simplify the permit process by incorporating specific, identifiable standards for issuance of permits.
B. Termination of AUPs for Sidewalk Cafe Seating.
1. Automatic Termination. Without any action required by the City, an AUP for sidewalk cafe seating terminates upon:
(a) The abandonment, revocation, or termination of the food service establishment which the sidewalk cafe seating serves;
(b) The replacement of the food service establishment with another use; or
(c) The transfer of ownership of the food service establishment.
2. Termination by Zoning Officer.
(a) After providing reasonable notice and an opportunity to be heard, the Zoning Officer may terminate an AUP for sidewalk cafe seating upon determining that the permit holder has not complied with the terms of the AUP or any applicable requirement of the Zoning Ordinance.
(b) A decision by the Zoning Officer to terminate an AUP for sidewalk cafe seating may be appealed in accordance with Chapter 23.410 (Appeals and Certifications).
C. New Permit Required.
1. After an AUP for sidewalk cafe seating is terminated, the sidewalk cafe seating may continue or resume only after the food service establishment obtains a permit under Municipal Code Chapter 14.48 (Miscellaneous Use of Streets and Sidewalks).
2. Any sidewalk cafe seating that does not obtain required permits is a prohibited encroachment under Municipal Code Chapter 16.18 (Right-Of-Way Encroachments and Encroachment Permits). (Ord. 7787-NS § 2 (Exh. A), 2021)