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HomeMy WebLinkAbout[07e] Ordinance 52:22 Outdoor Dining ORDINANCE 52 — ZONING ORDINANCE Section 52.22: OUTDOOR DINING /SMOKING AREAS AND SIDEWALK CAFES Subd. 1: Intent: The intent of this section of the zoning ordinance is to establish general standards for outdoor dining areas and sidewalk cafes. Subd. 2: Definitions: a) "Outdoor Dining" — an area set aside which is designed to accommodate formal dining outdoors. b) "Sidewalk Cafe" — a seating area located outside of an establishment in which there is not enough room to provide formal dining. Subd. 3: Outdoor Dining/Smoking Areas: Outdoor smoking/dining areas are permitted accessory uses in conjunction with a restaurant, coffee shop, or other eating and drinking facility provided a site plan is approved by the Planning Commission and the following requirements are met: a) No portion of the outdoor smoking/dining area shall be located or occur within a public right -of -way or be located or occur closer than two feet from any property line. b) If the outdoor smoking/dining area is proposed to be within a City drainage and utility easement, the property owner shall enter into a written agreement authorizing the use of the City's easement. c) Patrons must gain entrance to the outdoor area from within the main facility, however at least one exit must be provided for fire safety. d) If intoxicating liquor is intended to be served in the outdoor dining/smoking area, the standards of Section 71.11, Subd. 5 of the City Codc St. Joseph Code of Ordinances as may be amended shall apply. e) The Planning Commission and/or City Council may restrict days, hours, nature and volume, and other aspects of entertainment in any outdoor smoking/dining area, including a prohibition against all forms of music, radio, television, and other entertainment, to protect the safety, repose, and welfare of residents, businesses and other uses near the establishment. f) The Planning Commission and/or City Council may restrict the hours of operation of an outdoor smoking/dining area based upon the proximity of the area to residential dwelling units, and upon considerations relating to the safety, repose, 52.22- 1 ORDINANCE 52 — ZONING ORDINANCE and welfare of residents, businesses, and other uses near the establishment. g) The outdoor smoking/dining area shall be handicap accessible and not restrict accessibility in other areas inside or outside the restaurant or food establishment. h) The outdoor smoking/dining area shall be subordinate to the principal restaurant coffee shop, or other eating/drinking establishment and shall not exceed 33% in area of the square footage of the principal restaurant building. i) The design and finish of the outdoor smoking/dining area shall be compatible with the main structure in terms of scale (ancillary), color, architectural features, finish grade, materials and the like. j) The outdoor smoking/dining area shall be a well - defined space surrounded by decorative bollards, planters or fencing. A fence surrounding an outdoor smoking/dining area shall be suitable for the intended use. If a fence is proposed, a fencing plan shall be submitted for review and approval by the City. k) The outdoor smoking/dining area shall be kept in a clean and orderly manner. No food or beverages may be stored outdoors. 1) The outdoor smoking/dining area shall be designed and serviced to prevent debris from blowing off the premises. The business and/or property owner shall be responsible to ensure that the area is properly maintained and litter -free. m) The outdoor smoking/dining area must conform to all fire and building codes related to the number and types of exits that are required and maximum structural occupancy limits. n) The Planning Commission or the City Council may require the notification of property owners if the outdoor smoking/dining area is located closer than 350 feet from residential properties. o) The parking regulations related to minimum required spaces as set forth in this chapter shall apply and compliance therewith shall be maintained. p) The maximum surface coverage requirements set forth in this chapter shall apply and compliance therewith shall be maintained. q) Smoking shall not be allowed in areas meeting the definition of "indoor area" as defined by the Freedom to Breathe Provision of the Minnesota Clean Indoor Air • Act. "Indoor area" means all space between a floor and a ceiling that is bounded by walls, doorways, or windows (whether open or closed) covering more than 50 percent of the combined surface area of the wall space constituting the perimeter of the area. A screen is not considered a wall. 52.22- 2 ORDINANCE 52 — ZONING ORDINANCE Subd. 4: Sidewalk Cafes: Sidewalk cafes are permitted accessory uses within the B -1 Central Business District in conjunction with a restaurant, coffee shop, or other eating and drinking facility provided a site plan specifying the area in which the cafe will be operated is approved by the Planning Commission, a minimum of five (5) feet of sidewalk width remains for pedestrians, and the following requirements are met: a) Sidewalk cafes shall be limited to the placement of tables, benches, chairs on portions of "private property immediately adjacent" sidewalk:, to the business operating them. b) A sidewalk cafe may not occupy any portion of a public street. c) Maintenance of all private facilities on public property shall be the owner's responsibility. d) Sidewalk cafe facilities including, but not limited to, tables chairs, and benches shall not be left outdoors after business hours or between the hours of 10 p.m. and 6 a.m. e) Establishments holding an-on sale intoxicating liquor license shall not be eligible for---sidewalk cafe approval. At no time shall the sidewalk cafe area be used for consumption of alcoholic beverages. f) Patrons shall not be served food or beverages outside, except that employees may refill beverage containers in the seating area. At no time, shall the sidewalk cafe area be used for consumption of alcoholic beverages. g) The business and/or property owner shall be responsible to ensure the sidewalk cafe area is properly maintained and litter -free. Sites of sidewalk cafes shall be maintained in an orderly, clean and sanitary manner and be free of debris at all times. Trash containers and staffing shall be available at all times to facilitate this condition. Litter shall be picked up on a daily basis. h) The Planning Commission and/or City Council may require businesses operating sidewalk cafes routinely sweep and/or wash portions of sidewalks impacted by such cafes. i) The sidewalk cafe area shall not block access to the building entrance or required exits. j) Sidewalk cafe operators shall provide proof of insurance on an annual basis. Owners of sidewalk cafes shall hold the City harmless from all liability associated with the operation and maintenance of a sidewalk cafe. 52.22- 3