§ 39-244. Outdoor grilling accessory to fast food, full service, or take-out restaurant.


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  • Notwithstanding any other provisions to the contrary in this code, a fast food, full service, or take-out restaurant may have accessory outdoor grilling upon demonstration that the site meets all applicable site plan review requirements, including, but not limited to, land development, zoning, landscaping, parking, building, and fire marshal codes, and subject to the following provisions:

    (a)

    A certificate of use, in accordance with Section 39-19, shall be obtained from the zoning official prior to the establishment of accessory outdoor grilling to fast food, full service, or take-out restaurants. An existing restaurant holding a current certificate of use shall obtain a new certificate of use to establish accessory outdoor grilling.

    (b)

    An applicant for a certificate of use for accessory outdoor grilling shall submit written authorization of the plot owner and proof of compliance with all applicable state and local laws and requirements, including, but not limited to, local business tax requirements, health and safety regulations, and all County permitting and licensing requirements, together with proof of general liability coverage in the minimum amount of three hundred thousand dollars ($300,000.00), including product liability.

    (c)

    The certificate of use shall be posted in a conspicuous location at the restaurant so that it may be easily read at any time during regular business hours.

    (d)

    Accessory outdoor grilling shall be permitted only during the period of time that the restaurant is open for food service to customers.

    (e)

    The owner and operator of the restaurant shall be responsible for cleaning and maintaining the area of outdoor grilling free of litter, trash, garbage, or other refuse.

    (f)

    Outside seating must meet standard parking requirements of one (1) parking space per two hundred (200) square feet of open air seating and all site plan review requirements.

    (g)

    Mobile food units, including trucks and trailers associated with the restaurant, shall not be parked in required parking spaces while the restaurant or accessory outdoor grilling is in operation.

(Ord. No. 2014-37, § 1, 11-12-14)