HomeMy WebLinkAboutOrdinance 502.22 Outdoor Patio Areas and Sidewalk CafesORDINANCE 502 – ZONING ORDINANCE
Section 502.22: OUTDOOR PATIOAREAS AND SIDEWALK CAFÉS
Subd. 1: Intent:The intent of this section of the zoning ordinance is to establish general
standards for outdoor dining areas and sidewalk cafés.
Subd. 2: Definitions:
a) “Outdoor Patio” – an area designed to accommodate outdoor dining where
beverages and/or food is served; that is subordinate to a permitted use on the same
property.
b) “Sidewalk Café” – an outdoor dining area located within the public right of way
in front or adjoining a restaurant or other eating and drinking establishment.
Subd. 3: Outdoor Patio Areas: Outdoor patio 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 Zoning Administrator. The Zoning Administrator shall forward copies of
application and site plan to the appropriate staff, and consultants for review and
recommendation. The following requirements must be met:
a) Application for site plan review shall be filed with the Zoning Administrator and
shall be accompanied by the appropriate fee and the following submittal
information:
1. Existing boundaries with lot dimension and lot area
2. Existing buildings and structures
3. Location, setback and dimensions on proposed patio, walkways and
structures
4.Location and type of all proposed lighting, including fixture details
5.Landscaping plan, including landscaping material, location, type of plan
and size
6.Calculations for impervious surface
7.Additional information determined necessary by the Zoning Administrator
to ensure compliance with City Ordinance.
b)Patrons must gain entrance to the outdoorpatioarea from within the main facility,
however at least one exit must be provided for fire safety.
c)If intoxicating liquoris intended to be served in the outdoor patioarea, the
standards of theSt. Joseph Code of Ordinances asmay be amended shall apply.
d)If anyforms of music, radio, television, and other entertainmentare proposed
within the outdoor patio area, the entertainment shall adhere to applicable noise
ordinances.
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ORDINANCE 502 – ZONING ORDINANCE
e) The outdoor patio area shall be handicap accessible and not restrict accessibility
in other areas inside or outside the restaurant or food establishment.
f) The outdoor patio area is not limited in size and is considered a permitted
accessory use to a principal eating/drinking establishment.
g) The design and finish of the outdoor patio area shall be compatible with the main
structure in terms of scale (ancillary), color, architectural features, finish grade,
materials and the like.
1. Prohibited fencing and barrier materials include but is not limited to: chain
link, chicken wire, snow fencing, untreated wood, fabric inserts.
2. Prohibited materials for tables includes but is not limited to: plastic, glass
table tops. Picnic tables are only allowed in the rear or side of the property
unless the picnic tables are authorized by the city to be placed in the front.
3. Prohibited materials for chairs includes but is not limited to: unfinished
wood.
h) The outdoor patio area shall be a well-defined space delineatedby decorative
bollards, planters or fencing. If a fence is proposed, a fencing plan shall be
submitted for review and approval by the City.
i)The outdoor patio area shall be kept in a clean and orderly manner. No food or
beverages may be stored outdoors.
j)The patioarea shall be designedand 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.
k)The outdoor patio 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.
l) Outdoor patio areas shall only be used between the hours of 7:00 AM and 10:00
PM.
m) The parking regulations related to minimum required spaces as set forth in this
chapter shall apply and compliance therewith shall be maintained.
n) The maximum surface coverage requirements set forth in this chapter shall apply
and compliance therewith shall be maintained.
Subd. 4: Sidewalk Cafés: Sidewalk cafés 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 café will be operated is
approved by the Zoning Administrator. The Zoning Administrator shall forward copies of
application and site plan to the appropriate staff, and consultants for review and
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ORDINANCE 502 – ZONING ORDINANCE
recommendation.
a) Sidewalk cafés shall be limited to the placement of tables, benches, chairs on
portions of sidewalks immediately adjacent to the business operating them.
Allowable materials shall be consistent with the outdoor patio ordinance.
b)A sidewalk café may not occupy any portion of a public streetunless it’s part of
an approved parklet plan.
c) Maintenance of all private facilities on public property shall be the owner’s
responsibility.
d) A minimum of five (5) feet of sidewalk width remains unobstructed to maintain
pedestrian clearance. The pedestrian clearance shall be measured from the edge of
the dining area to the curbline.
e) Umbrellas/canopies shall not extend into the pedestrian clearance zone.
f) At no time shall the sidewalk café area be used for consumption of alcoholic
beverages.
g) The business and/or property owner shall be responsible to ensure the sidewalk
café area is properly maintained and litter-free. Sites of sidewalk cafés 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 City may require businesses operating sidewalk cafés routinely sweep and/or
wash portions of sidewalks impacted by such cafés.
i) The sidewalk café area shall not block access to the building entrance or required
exits.
j) The sidewalk café area shall only be used between the hours of 7:00 AM and
10:00 PM.
k) If the sidewalk café is proposed to encroach into the right of way, written
approval shall be requested and approval provided by the Zoning Administrator
and Public Works Director.
l) Sidewalk café operators shall provide proof of insurance on an annual basis.
Owners of sidewalk cafes shall hold the City harmless from al liability associated
with the operation and maintenance of a sidewalk café.
Amended 5/2021 & 7/2021
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