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HomeMy WebLinkAboutDraft Ordinance (Nightclub Use) ORDINANCE NO. XXXX BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO NIGHTCLUB USES WITHIN CERTAIN ZONING DISTRICTS IN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.103 of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.103 DEFINITIONS. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. NIGHTCLUB. A use engaged in the sale of alcoholic beverages for consumption on the premises, including restaurants, taverns, bars, cocktail lounges, and similar uses, providing music, either live or otherwise, and space devoted for dancing and a floor show in an area exceeding 5,000 square feet. Chapter 9, Article I, Section 9.106 (L)(10) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (L)Off-street parking and loading (10)Off-street parking requirements. Off-street parking shall be provided as specified in the following table, except as otherwise provided in this section. Use Minimum Spaces Required Residential Uses Single-Family 2 per unit, two must be enclosed (garage) Two-Family 2 per unit, two must be enclosed (garage) Townhome/Twinhome 2 per unit, two must be enclosed (garage) Multiple Family One-bedroom units 1 per unit, must be enclosed (garage) Two-bedroom or larger units 2 per unit, two must be enclosed (garage) Manufactured home park 2 per unit Residential care facility 1 per employee, plus 1 per every 6 residents Convent/monastery 1 per every 3 beds Rooming house/group living quarters 2 per every 3 residents Nursing Home 1 per every 2 beds Use Minimum Spaces Required Residential Uses (Cont'd) Senior housing/assisted living 1 per every 2 units Transitional/emergency housing 1 per employee, plus 1 per every 6 residents Bed and breakfast home 2 plus 1 per every room rented Public/Institutional Uses Community center Determined by staff-based on parking study Drop-in facility 30% of building capacity Golf course 5 per hole, plus 30% of capacity of club house Government facility Based on type of use Religious facilities/places of worship 1 per every 3.5 seats, capacity of main assembly area School-elementary/junior high 10 plus 1 per classroom School-senior high 10 plus 1 per every 6 students School-vocational or business Determined by staff-based on parking study School-performing/visual/martial arts 30% of building capacity Commercial Uses Retail sales/services 1 per 300 sf, gross floor area Retail sales, outdoor 1 per 1,000 sf of sales/display area Auditorium/places of assembly 1 per 3.5 seats, based on design capacity Automobile convenience facility 6 spaces, plus 1 per 300 sf, gross floor area Automobile repair 1 per 300 sf, gross floor area, plus 2 per service bay Automobile sales/rental 1 per 300 sf, gross floor area, plus 1 per 1,000 sf of outdoor sales/display area Banquet hall 1 per 3.5 seats, based on design capacity Use Minimum Spaces Required Commercial Uses (Cont'd) Billiards hall 30% of building capacity Bowling alley 5 per lane, plus 30% of capacity for related uses Car wash 2 spaces per bay, plus 4 stacking spaces per bay Clinic, medical and dental 1 per 300 sf, gross floor area Clinic, veterinary 6 per veterinarian Club or lodge 30% of building capacity Consignment/thrift store 1 per 300 sf, gross floor area Currency exchange 1 per 300 sf, gross floor area Day care center 1 per every employee, plus 1 drop off space for every 5 enrollees Financial institution 1 per 300 sf, gross floor area, plus 6 stacking spaces for each drive-through lane Food service, convenience 6 plus 1 per 40 sf of dining/service area, plus 6 stacking spaces for each drive-through lane seating 30% of building capacity Food service, limited seating 30% of building capacity Food service, full-service Funeral home 1 per 5 seats, plus 1 per 300 sf of non-eating area Greenhouse/garden center 1 per 300 sf, gross floor area, plus 1 per 1,000 sf of outdoor sales/display area Health/fitness club Determined by staff-based on parking study Hospital Determined by staff-based on parking study Hotel/motel 1 per unit, plus 30% of capacity for meeting rooms Laboratory, medical 1 per 300 sf, gross floor area Liquor store, off-sale 1 per 300 sf, gross floor area Use Minimum Spaces Required Commercial Uses (Cont'd) Museum/gallery 30% of building capacity Nightclub 30% of building capacity Office 1 per 300 sf, gross floor area Pawnshop 1 per 300 sf, gross floor area Personal services 1 per 300 sf, gross floor area or 2 per station, whichever is greater Professional services 1 per 300 sf, gross floor area Recreational facility, indoor 1 per 150 sf of rink, court, pool area, and the like Recreational facility, outdoor 30% of building capacity Recreational vehicle sales 1 per 300 sf, gross floor area, plus 1 per 1,000 sf of outdoor sales/display area Shopping center 1 per 300 sf, gross floor area Studio, professional 1 per 300 sf, gross floor area Studio, radio and television Determined by staff-based on parking study Theater, live performance or movie 1 per 3.5 seats, based on design capacity Industrial Uses Assembly/manufacturing/processing 2 per every 3 employees or 1 per 1,000 sf, gross floor area, whichever is greater Concrete, asphalt or rock crushing 2 per every 3 employees Freight terminal 1 per 3,000 sf, gross floor area of storage/warehousing, plus 1 per 300 sf, gross floor area of office building Maintenance facility 1 per 3,000 sf, gross floor area, plus 1 per 300 sf, gross floor area of office Office/showroom 1 per 300 sf, gross floor area of office/showroom, plus 1 per 3,000 sf, gross floor area of storage Use Minimum Spaces Required Industrial Uses (Cont'd) Office/Warehouse 1 per 300 sf, gross floor area of office, plus 1 per 3,000 sf, gross floor area of storage Outdoor sales/display 1 per 1,000 sf of sales/display area Outdoor storage 1 per 3,000 sf of storage area Printing/publishing 2 per every 3 employees or 1 per 1,000 sf, gross floor area, whichever is greater Salvage operation 2 per 3 employees Self-service storage facility 1 per 3,000 sf, gross floor area of storage, plus 1 per 300 sf, gross floor area of office Warehouse/distribution 1 per 3,000 sf, gross floor area of storage/warehousing, plus 1 per 300 sf, gross floor area of office/sales area Chapter 9, Article I, Section 9.107 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 are subject to specific development standards: (22)Food service, full-service (restaurant/nightclub). , (a)Where alcoholic beverages are served not less than 60% of the total gross sales revenue shall be from the sale of food and non-alcoholic beverages, less than 60% of the total gross sales revenues may be from the sale of food, provided that the proper license is obtained, and the food service establishment does not meet the definition of a nightclub . (b) Music or amplified sounds shall not be audible from adjacent residential uses. (c) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purpose of removing litter found thereon. (23-26) [TO REMAIN UNCHANGED] (27)Nightclub. (a)Where alcoholic beverages are served, not less than 60% of the total gross sales revenue shall be from the sale of food and non-alcoholic beverages. (b) Music or amplified sounds shall not be audible from adjacent residential uses. (c) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purpose of removing litter found thereon. (d) The nightclub use area shall be all area devoted to the dance floor, live entertainment stage, DJ booth, non-dining area available to public use (excluding public restrooms), and bar area. **NOTE** The existing subdivision § 9.107 (C)(27) and all other subsequent subdivisions: § 9.107 (C)(28-42) shall be renumbered accordingly. Chapter 9, Article I, Section 9.110 (E) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.110 COMMERCIAL DISTRICTS. (E) GB, General Business District. (2) Permitted uses. Except as specifically limited herein, the following uses are permitted within the GB, General Business District: (a)Community center. (b)Government office. (c)Government protective service facility. (d)Public park and/or playground. (e)Recreational facility, indoor. (f)Recreational facility, outdoor. (g)School, vocational or business. (h)School, performing/visual/martial arts. (i)Auditorium/place of assembly. (j)Automobile convenience facility. (k)Automobile repair, minor. (l)Banquet hall. (m)Billiards hall. (n)Bowling alley. (o)Car wash. (p)Clinic, medical or dental. (q)Clinic, veterinary. (r)Day care facility, adult or child. (s)Financial institution. (t)Food service, convenience (fast food). (u)Food service, limited (coffee shop/deli). (v)Food service, full service (restaurant/nightclub). (w)Funeral home. (x)Greenhouse/garden center. (y)Health or fitness club. (z)Hotel/motel. (aa)Laboratory, medical. (bb)Liquor store, off-sale. (cc)Museum or gallery. (dd)Office. (ee)Retail sales. (ff)Service, professional. (gg)Shopping center. (hh)Studio, professional. (ii)Studio, radio or television. (jj)Theater, live performance. (kk)Theater, movie. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the GB, General Business District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (a)Government maintenance facility. (b)Arcade. (c)Automobile sales/rental, new or used. (d)Recreational vehicle sales, new or used. (e)Firearms dealer/shooting range. (f)Hospital. (g)Outdoor sales or display. (h)Outdoor storage. (i)Parking ramp. (j)Assembly, manufacturing and/or processing. (k)Printing and/or publishing. (l)Consignment/secondhand store. (m)Club or lodge. (n)Currency exchange. (o)Pawnshop. (p)Drop-in facility. (q)Nightclub. Chapter 9, Article I, Section 9.110 (F) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.110 COMMERCIAL DISTRICTS. (F) CBD, Central Business District.. (2) Permitted uses. Except as specifically limited herein, the following uses are permitted within the CBD, Central Business District: (a)Multiple-family residential, when located above a first floor commercial use. (b)Community center. (c)Government offices. (d)Government protective services facility. (e)Public parks and/or playgrounds. (f)Recreational facility, indoor. (g)Recreational facility, outdoor. (h)School, vocational or business. (i)School, performing/visual/martial arts. (j)Auditorium/place of assembly. (k)Banquet hall. (l)Billiards hall. (m)Bowling alley. (n)Clinic, medical or dental. (o)Clinic, veterinary. (p)Licensed day care facility, adult or child. (q)Financial institution. (r)Food service, convenience (fast food). (s)Food service, limited (coffee shop/deli). (t)Food service, full service (restaurant/nightclub). (u)Health or fitness center. (v)Hotel or motel. (w)Laboratory, medical. (x)Liquor store, off-sale. (y)Museum or gallery. (z)Office. (aa)Retail sales. (bb)Service, professional. (cc)Studio, professional. (dd)Studio, radio or television. (ee)Theater, live performance. (ff)Theater, movie. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the CBD, Central Business District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (a)Government maintenance facility. (b)Arcade. (c)Automobile repair, minor. (d)Outdoor sales and/or display. (e)Outdoor storage. (f)Parking ramp. (g)Club or lodge. (h)Nightclub. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: __________, 2007 Second Reading: __________, 2007 Date of Passage: Offered by: Seconded by: Roll Call: _______ Mayor Gary L. Peterson Attest: _______ Patricia Muscovitz, Deputy City Clerk