ORDINANCE NO. 2018 – 06

AN ORDINANCE AMENDING CITY CODE SECTIONS ALLOWING
OUTDOOR SEATING AS AN ACCESSORY USE,
§125-1 (DEFINITIONS), §125-197 (RETAIL BUSINESS DISTRICT, B-1),
§125-198 (COMMERCIAL BUSINESS DISTRICT, B-2),
§125-199 (LIMITED INDUSTRY DISTRICT, L-I),
§125-201 (MIXED USE, MU-D, MU-N & MU-R),
§125-202 (HIGHWAY BUSINESS DISTRICT, B-3),
§125-203 (BUSINESS CAMPUS DISTRICT, B-C);
§30-196 (CONSUMING IN PUBLIC); AND
ARTICLE 5, DIVISION 2, SUBDIVISION 1 (SUPPLEMENTARY DISTRICT REGULATIONS, PERFORMANCE STANDARDS)

The City of Rogers hereby ordains as follows:

Section 1.

City Code Section §30-196 is being amended by adding the following underlined language:

§30-196 Consuming in Public

No person shall consume intoxicating liquor as defined by Minn. Stats. § 340A.101, subd. 14, or 3.2 percent malt liquor as defined by Minn. Stats. § 340A.101, subd. 19, while:

(1) On a public street, highway, alley, sidewalk, except outdoor seating as permitted, boulevard, or any place frequented by the public;
Section 2.

City Code Section §125-1 is amended by adding the following underlined language:

§125-1 Definitions

Outdoor seating. A permitted outdoor seating area for patrons of restaurants, cafes, supper clubs, coffee shops, and on-sale licensed establishments.

Section 3.

The following City Code Sections are being amended by adding the following underlined language:

§125-197 Retail Business District (B-1)

(c) Accessory Uses.
(5) Outdoor seating.

§125-198 Commercial Business District (B-2)

(c) Accessory Uses.
(5) Outdoor seating.

§125-199 Limited Industry District (L-I)

(2) Accessory Uses.
(1) Any incidental repair or retail trade necessary to conduct a permitted principal use shall be permitted as an accessory use.
(2) Outdoor seating.

§125-201 Mixed Use (MU-D, MU-R)

(c) Mixed use downtown district (MU-D).
(3) Accessory Uses.
(b) Benches.
(c) Outdoor seating.

(e) Mixed use regional district (MU-R).
(3) Accessory Uses.
(g) Outdoor seating.

§125-202 Highway Business District (B-3)

(c) Accessory Uses.
(4) Outdoor seating.

§125-203 Business Campus District (B-C)

(3) Accessory Uses.
(c) Outdoor seating.

Section 4.

City Code Section §125-349 is hereby created by adding the following underlined language:

§125-349 Outdoor Seating.

(1) On private property. Outdoor seating on private property shall be subject to the General Development Plan application and review process.
a. Site Plan. A site plan shall be submitted that includes the location and dimensions of the outdoor seating area; proposed type and location of fencing or other separation barriers; proposed dimensioned layout of tables and seating; dimensions of the building; and proximity to customer parking and sidewalks. Photographs of the area and specification for proposed outdoor barriers and furniture shall be included.
b. Design. Outdoor seating areas shall be separated from the public areas, by fence or other acceptable means, and shall be designed so as to be architecturally compatible with existing structures on the subject property.
c. Location. Outdoor seating areas shall be contiguous to the building in which the business is located and may not extend into the parking lot or sidewalk, unless otherwise approved by the City.
d. Access. Outdoor seating areas may only be accessed internally from within the business.

(2) On public sidewalks. No business may place tables, chairs or other seating a public sidewalk for use as outdoor seating without first obtaining approval from the City.
a. Approval. Eligible persons, organizations or businesses must submit an application and scaled site plan for review and approval by the City demonstrating compliance to performance standards of this Code.
i. Application. A business interested in outdoor seating shall submit the following material: outdoor seating application, site plan and certificate of insurance.
ii. Site Plan. A site plan shall be submitted that includes the location and dimensions of the outdoor seating area; proposed type and location of fencing or other separation barriers; proposed dimensioned layout of tables and seating; dimensions of the building; and existing public improvements, such as fire hydrants, bus shelters, trees and tree grates, etc. Photographs of the area and specification for proposed outdoor barriers and furniture shall be included.
iii. Application. The Site Plan must be submitted a minimum of 30 days prior to the placement of any furniture on the public sidewalk.
b. Sidewalk Use.
i. Design. Outdoor seating areas shall be separated from the public areas, by movable stanchions, fencing or other acceptable means, and shall be designed so as to be architecturally compatible with existing structures on the subject property. Barriers may not be anchored to the sidewalk.
ii. Furnishings. Permitted outdoor furnishings include tables, chairs and umbrellas. Furniture shall be in good condition, movable and shall not be affixed to the public sidewalk. Furniture in disrepair shall be removed from the public sidewalk.
iii. Use. The operation of an outdoor seating area must be related to the sale of food or drink of the adjacent, permitted business.
iv. Location. The outdoor seating area shall be contiguous to the building in which the business is located and may not extend past the boundaries fronting the business.
v. Pedestrian Space. The outdoor seating area shall maintain a minimum of a five (5) foot unencumbered pedestrian aisle on the public sidewalk, unless otherwise approved by the City.
vi. Trash. The business shall keep the outdoor seating area clean and shall provide trash receptacles for the accumulation of garbage, trash, and debris related to outdoor seating during business hours.
vii. Hours of Operation. Outdoor seating shall cease operation by 10:00 p.m. Sunday through Thursday and 11:00 p.m. on Friday and Saturday, unless otherwise approved by the City.
viii. Duration. The use of a public sidewalk for outdoor seating shall be allowed between May 1 and October 31 of each calendar year.
ix. Seating Occupancy. The maximum occupancy for the approved outdoor seating area shall be limited to the approved Site Plan.
c. Insurance. The business shall provide insurance that will indemnify the City from any personal injury or property damage resulting from the approved use of outdoor seating for a business on a public sidewalk. Minimum liability limits shall be set by the City.
d. Temporary Suspension. The City may temporarily suspend the use of an outdoor seating area for any reason and for any length of time, including during special events, community events and parades, or other reasons deemed appropriate by the City.
e. Renewal. Approval of outdoor seating shall be valid from the date of issuance and shall expire annually on December 31. Renewal of outdoor seating shall require submittal of an application, certificate of insurance, indemnity agreement and site plan, showing revisions if applicable.
f. Enforcement. Any violation of this Code may result in the loss of outdoor seating for the business.

Section 5. Effective Date

This Ordinance shall have full force and effect upon its passage and publication.

Passed by the City Council of the City of Rogers, Hennepin County, Minnesota, this 28th day of August, 2018.