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