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HomeMy WebLinkAboutDraft Ordinance DRAFT ORDINANCE NO. XXXX BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO OUTDOOR SEATING FOR RESTAURANTS AND OTHER EATING ESTABLISHMENTS WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.107 (C)(1) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.107 SPECIFIC DEVELOPMENT STANDARDS (C)Specific development standards. The following uses are subject to specific development standards: (34)Outdoor seating. a.Outdoor seating plans will be subject to Planning Commission approval through the Site Plan Approval Process. b.Outdoor seating shall be located fully on the property in which it is intended, and may not restrict pedestrian traffic on public rights-of-way. c.Outdoor seating shall be on a hard surface meeting all Americans with Disabilities Act (ADA) requirements. d.No outdoor seating shall be allowed on driveways or parking areas. e.If the intent is to serve alcohol outside, the following regulations shall be enforced: 1.The outdoor dining area shall be adjacent to the principal building and access shall be provided from within the principal building only. 2.A barrier shall be installed around the perimeter of the outdoor seating area, and shall be approved through the site plan approval process on a case-by-case basis. 3.The barrier shall be constructed in a manner that ensures that non-patrons of the restaurant will not have free and easy access to alcoholic beverages provided by patrons using the outdoor seating area. f.If the intent is to not serve alcohol outside, the business shall supply the city with an affidavit stating that no alcohol will be served outdoors. If the business does not require a liquor license in order to operate, said business would not need to supply an affidavit. g.The design of the patio area and any fencing and landscaping shall be such that sight lines in and out of existing or proposed access points are not obstructed. h.When not in use, the outdoor seating area shall not be used for off- season outdoor storage. i.Banners, streamers or other types of permanent or temporary signs shall not be placed or displayed on the barriers surrounding the outdoor dining areas. j.The outdoor dining area shall not take on characteristics of a building having a roof and/or walls. k.The Planning Commission, through the site plan approval process, shall determine the need for additional on-site parking requirements for the outdoor seating area. l.All temporary events that utilize outdoor seating with or without the serving of alcoholic beverages will not require a site plan approval and will be handled administratively and/or through the licensing process for such events. *NOTE* Existing Code Sections 9.107 (C)(3) (34-47) shall be renumbered accordingly. Chapter 9, Article I, Section 9.110 (E)(5) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.110 COMMERCIAL DISTRICTS. (E)GB, General Business District. (5)Permitted accessory uses. Except as specifically limited herein, the following accessory uses shall be permitted in the GB, General Business District: (a)Private garages, parking spaces and loading areas. (b)Accessory buildings. (c)Landscaping and other horticultural uses. (d)Incidental repair or processing necessary toe conduct the permitted principal use, provided the accessory use does not exceed 30% of the floor area. (e)Temporary construction buildings. (f)Signs as regulated by § 9.106. (g)Outdoor seating for restaurants and other eating establishments. Chapter 9, Article I, Section 9.110 (F)(5) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.110 COMMERCIAL DISTRICTS. (F)CBD, Central Business District. (5)Permitted accessory uses. Except as specifically limited herein, the following accessory uses shall be permitted in the CBD, Central Business District: (a)Private garages, parking spaces and loading areas. (b)Accessory buildings. (c)Landscaping and other horticultural uses. (d)Incidental repair or processing necessary to conduct the permitted principal use, provided the accessory use does not exceed 30% of the floor area. (e)Temporary construction buildings. (f)Signs as regulated by § 9.106. (g)Outdoor seating for restaurants and other eating establishments. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: June 14, 2010 Second Reading: June 28, 2010 Date of Passage: Offered by: Seconded by: Roll Call: _______ Mayor Gary L. Peterson Attest: _______ Patricia Muscovitz, CMC City Clerk/Council Secretary to the