[Added 1-25-2011 by L.L. No. 1-2011]
A.
Except as provided in Subsection B of this section, no use otherwise allowed in a Business A, Business AA, Business AAA, Business B, Business C or Business C-2 District shall be conducted in whole or in part outdoors except on the ground floor or ground level of the premises, unless a special use permit for such outdoor use above the ground level or ground floor has been obtained from the Board of Trustees. No such approval from the Board of Trustees shall be required where a use of property, including the outdoor component above the ground level or ground floor, has been authorized by the Board of Appeals. For the purposes of this section, a use shall be considered to be conducted "outdoors" if all or any part of the use is conducted outside the exterior walls of the principal building on the property, or if any product, service, food or beverage is sold, displayed (other than lawful signage on an exterior wall), served, provided or consumed on the premises outside the exterior walls of the principal building.
B.
Any outdoor use above the ground floor or ground level allowed pursuant to Subsection A of this section and lawfully existing on January 1, 2011, or for which a building permit application has been filed on or before the effective date of this section, may continue without a required special use permit for a period not to exceed five years from January 1, 2011; provided, however, that if any such use is discontinued for a period of six or more consecutive months such use shall be deemed abandoned and shall not thereafter resume. On and after January 1, 2016, any such existing lawful outdoor use above the ground floor or ground level and not so abandoned shall be discontinued unless a special use permit has been issued for such use by the Board of Trustees pursuant to this section or the principal use at the property, including the outdoor use above the ground floor or ground level, has been approved by the Board of Appeals.
