§ 20.11.231. Outdoor cooking uses.

1.

Intent. This section is intended to regulate the establishment and operation of outdoor cooking uses to ensure that they do not adversely impact adjacent properties and surrounding neighborhoods.

2.

Applicability. Outdoor cooking uses shall comply with the provisions of this section in addition to the property development standards and permit procedures for the zone district in which it is located.

3.

Minimum Development Requirements.

a.

Accessory Use. Outdoor cooking uses shall only be conducted as an accessory use to a legally established restaurant or other business wherein a majority of the square footage and/or revenue is related to retail food sales. No Outdoor cooking use shall occupy or be located within a public sidewalk or right-of-way.

b.

Enclosure. Outdoor cooking areas shall be confined within a barrier consisting of landscaping or fencing not to exceed thirty-six inches in height, unless the area so used is to the side or rear of the main building, where an enclosure not to exceed six feet in height may be used.

c.

Furnishings. The furnishings of the outdoor cooking use shall consist only of movable tables, chairs, and umbrellas. Temporary lighting fixtures may be affixed onto the exterior of the main building, and the area to be illuminated shall be limited to the outdoor cooking use.

d.

Trash Receptacles. Trash receptacles shall be provided at in the outdoor cooking area. If the outdoor cooking area is located adjacent to a street, sidewalk or other public right-of-way, the receptacle(s) shall be decorative in design. Outdoor cooking areas shall remain clear of litter at all times.

e.

Hours of Operation. The hours of operation of any outdoor cooking use shall be limited to the hours of operation of the associated restaurant or retail food sales establishment.

f.

Off-street Parking. No outdoor dining use shall occupy an area utilized for required off-street parking to serve both the existing and proposed uses, unless an alternative location for such parking area can be provided to the satisfaction of the Community Development Director. The applicant for such uses shall be required to provide documentation of sufficient existing off-street parking or alternative area for such parking.

g.

Review Procedures and Conditions. Existing and proposed outdoor cooking uses shall be reviewed and approved in accordance with the Site Plan Review process. No new outdoor cooking use shall be commenced prior to receiving Site Plan Review approval by the Community Development Department. The Community Development Director shall impose appropriate and necessary conditions to ensure compliance with this Code section. Any outdoor cooking use in existence at the time of adoption of this Ordinance shall be submitted to the Community Development Department for Site Plan Review within sixty days of the effective date of this Ordinance, and no such use shall be continued prior to filing such application with the Community Development Department.

h.

Concurrence with Adjoining Properties. The applicant for an outdoor cooking use shall submit to the Community Development Director written statements from business owners, property owners, and residents within one hundred feet that they do not object to the issuance of a Site Plan Review permit for the outdoor cooking use.

i.

Operation in Compliance with Kern County Health Department. The outdoor cooking use shall be operated in compliance with all applicable Health Department rules and regulations. No serving of food from the outdoor cooking use shall be allowed.

(Ord. No. 2011-1227, § 2(Exh. A), 5-16-2011)