§ 85-479. Accessory uses.

A. 

Customary accessory uses, structures and buildings shall be permitted when located on the same lot as the principal authorized use, provided that such uses are clearly incidental to the principal use and do not include any activity conducted as a business.

B. 

In addition to the criteria set forth in this article, the following accessory use criteria shall be required for the uses so indicated:

(1) 

Outside retail display in conjunction with existing retail use subject to the following:

(a) 

Sidewalk width shall be a minimum of 15 feet.

(b) 

Not more than five feet of sidewalk area nearest to the building shall be used for retail purposes.

(2) 

Outside seating for a restaurant, major restaurant or cafe, delicatessen, bar, tavern, nightclub shall be for food service purposes only, subject to the following:

(a) 

Front yard outdoor seating:

[1] 

Sidewalk width shall be a minimum of 15 feet.

[2] 

A minimum unobstructed sidewalk of five feet shall be maintained.

(b) 

Rear yard outdoor seating:

[1] 

The rear yard setback shall be not less than 30 feet.

(c) 

Side yard outdoor seating:

[1] 

The side yard setback shall be not less than 20 feet.

(d) 

Outside loudspeakers, exterior live entertainment or dancing of any kind shall be prohibited for any restaurant, major restaurant or bar, tavern or nightclub between the hours of 11:00 p.m. and 8:00 a.m. or within 1,000 feet of any residence district.

(e) 

Outside seating shall only be permitted to operate between the hours of 8:00 a.m. and 11:00 p.m. for any restaurant, bar/tavern or nightclub within 1,000 feet of any residence district.

(f) 

Outside seating shall be permitted on the subject parcel only.

C. 

Walk-up counter or service window for a restaurant, major restaurant, cafe or delicatessen.

D. 

Fuel cell facility for on-site consumption.

[Added 1-17-2019 by L.L. No. 1-2019, effective 1-28-2019]