HomeMy WebLinkAboutOrdinance 6444 06/06/2022CITY OF SPRINGFIELD, OREGON
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ORDINANCE NO. ___________ (GENERAL)
AN ORDINANCE AMENDING SPRINGFIELD MUNICIPAL CODE 7.900 THROUGH 7.908,
DOWNTOWN DISTRICT SIDEWALK CAFÉ PERMIT AND ADDING SPRINGFIELD MUNICIPAL
CODE 7.910 THROUGH 7.918 OPEN AIR DINING LICENSE
WHEREAS, the City desires to allow restaurants and cafés in downtown Springfield to expand outside
into certain sidewalks and public rights-of-way, and to allow restaurants in Downtown and other mixed
use areas to expand outside in parking lots and yard setback areas, to encourage the vibrancy
Downtown and other mixed use areas that outdoor dining provides;
WHEREAS, in 2005, the City enacted Ordinance 6122 adding Springfield Municipal Code 7.900-7.908
establishing the
outdoor dining opportunities resulted in an activation of the downtown;
WHEREAS, the COVID-19 pandemic caused the City to expand the scope of the downtown district
café permit program to allow structures within the right-of-way in addition to seating area and
furniture, which proved to be a successful use of public space for outdoor dining;
WHEREAS, the COVID-19 pandemic cause the City to implement a new special use permit for outdoor
dining on private properties that acted as a pilot program for expanded open air dining options in
parking lots and within building yards and setback areas demonstrating the success of this option for
restaurants to provide open air dining on their own premises; and
WHEREAS, the City Council finds it in the public interest to adopt permanent provisions to expand the
existing sidewalk café permit program in Downtown Springfield and adopt a new Open Air Dining
license for Downtown and other mixed use areas, to provide more opportunities for outdoor dining in
Springfield,
NOW, THEREFORE, THECOMMON COUNCIL OF THE CITY OF SPRINGFIELDORDAINS AS FOLLOWS:
Section 1. Springfield Municipal Codesections7.900, 7.902, 7.904, 7.906, and 7.908 are
amended at provided in Exhibit A, attached hereto and incorporated by this reference.
Section 2. The Springfield Municipal Code is amended to adopt 7.910,7.912, 7.914, 7.916,
and 7.918, as provided in Exhibit A, attached hereto and incorporated by this reference.
Section3. Savings Clause.Except as specifically amended herein,Chapter 7 of the
Springfield Municipal Code willcontinue in full force and effect.
Section 4. Severability Clause. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is, for any reason, held invalid or unconstitutional by a court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereof.
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ADOPTED by the Common Council of the City of Springfield this ___ day of _________, 2022,
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by a vote of _____ for and ____ against.7
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APPROVED by the Mayor of the City of Springfield this ______ day of __________, Kvof 2022.
__________________________
Mayor
ATTEST:
__________________________
City Recorder
70703133
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Exhibit A, Page 1 of 6
DOWNTOWN DISTRICT SIDEWALK CAFÉ PERMIT
7.900 Revocable Permit.
a revocable permit for a sidewalk café allowing for the service of food and beverages within the
public right-of-way under the following conditions:
(1) The owner or operator of the abutting eating establishment agrees to defend,
indemnify and hold harmless the city from all risks associated with activity occurring within the
right-of-way, and submits a certificate of insurance acceptable to the City Attorney.
(2) The owner of the real property on which the eating establishment is located
consents in writing to the issuance of the permit.
(3) The permit applicant demonstrates that the use of the right-of-way and all
structures and fixtures placed in the right-of-way will not interfere with existing utilities,
pedestrian or bicyclist travel, vision clearance areas, or ingress and egress to any building
entrance or exit; complies with all relevant building and fire codes; will not pose a hazard to
vehicular traffic or to the general public; and will meet the permit requirements in SMC 7.908.
(4) The sidewalk café area is located on the sidewalk abutting an existing eating
-by-
case basis, in another area of public right-of-way that meets the requirements of these sections
SMC 7.900 to 7.908.
(5) The permit applicant must obtain any other necessary state and local permits.
7.902 Downtown District Definition.
that property bordered on the west by Mill Street, on the east by 10th Street, on the north by A
Street and on the south by South A Street.
7.904 Application.
An applicant for a sidewalk café permit must submit an application in the form required
by the city manager including, at a minimum, the following requirements:
(1) A signed statement that the applicant lawfully operates an eating
establishment adjacent to the right-of-way where the permit is sought, identifying the name
and business address of the establishment and owner of the adjacent property, if different;
(2) A sketch of the proposed sidewalk café location with appropriate dimensions
marked showing the placement and number of all structures, fixtures and furniture to be placed
in the right-of-way, and showing any other sidewalk obstructions within 50 feet of the proposed
permit area including, but not limited to, transit stops, street trees, fire hydrants, and utility or
street light poles;
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Exhibit A, Page 2 of 6
(3) For any walls or partitions that are greater than five feet in height or that
cover any seating area, or any walls or partitions that are more than 30 percent opaque to the
wind, a design drawing stamped by an Oregon licensed engineer demonstrating that the
structure meets wind and seismic design loads that would be applicable to the structure if
located on private property and regulated by the Oregon Structural Code; and
(4) A permit fee fixed by Resolution of the Council.
7.906 Permit Duration.
(1) Any permit issued hereunder will be valid for a period of two years, and
renewable. Renewal applications will be accompanied by a renewal fee set by Resolution of the
Council.
(2)
that the permittee does not adequately maintain the facilities in the right-of-way as required in
this code and the subject Permit.
(3) Any permit issued shall lapse on any change of ownership of the business
holding the permit.
7.908 Permit Requirements.
(1)The permit may authorize the applicant to place street furniture, seating areas, ,
and appropriate decorative or functional structures or fixtures, on the sidewalk adjacent to the
establishment consistent with the following requirements:
(a)All structures, fixtures, and furniture must be placed consistent with the
Americans with Disabilities Act requirements for accessibility including, but not limited
to, providing at least 60 inches of unimpeded sidewalk for the use of pedestrians.
(b)If items are placed abutting the building line, the perimeter of the permit
area must be marked by a safety barrier.
(c)All structures or covers for seating areas must provide a minimum of 8
feet vertical clearance over any pedestrian or ingress or egress area.
(d)All structures, fixtures, and furniture must be able to be removed or
relocated within a 24-hour period if directed by the City based upon a public need, or in
event of revocation of the permit under SMC 7.906.
(2)The sidewalk café permit shall be issued for the configuration approved in the
permit and cannot be expanded beyond those bounds or modified without prior approval from
the City, which may require additional permit application and fees. The City may mark the
approved sidewalk café area.
(3)Violation of the permit requirements may result in revocation of the permit
and/or citation under SMC 5.600 to 5.625.
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Exhibit A, Page 3 of 6
OPEN AIR DINING LICENSE
7.910 License Required.
Within mixed-use commercial or mixed-use residential districts, the City Manager, or the
license for Open Air Dining allowing for the service of food
and beverages on private property within a designated operating area abutting an existing
eating establishment under the following conditions:
(1)The owner of the real property on which the eating establishment is located
consents in writing to the issuance of the license.
(2)The license application meets the standards in these sections 7.910 to 7.918.
(3)The license applicant must obtain any other necessary state and local permits,
including but not limited to building permits applicable to overhead structures.
(4)No license is required under this section for the service of food and beverages in
an operating area or within a structure that has been permanently permitted under the
provisions of the Springfield Development Code.
7.912 Scope of License.
The Open Air Dining license shall be issued for the configuration and operating area approved
in the license and cannot be expanded beyond those bounds or modified without prior approval
from the City, which may require additional license application and fees. Violation of the license
requirements may result in revocation of the license and/or citation under SMC 5.600 to 5.625.
7.914 Application.
An applicant for an Open Air Dining License must submit an application in the form required by
the City Manager including, at a minimum, the following requirements:
(1)A signed statement that the applicant lawfully operates an eating establishment
on the real property where the license is sought, identifying the name and business address of
to the license application, if different;
(2)A site drawing of the proposed Open Air Dining operating location with
appropriate dimensions marked showing the size, placement, and number of all structures;
(3)If more than 1,000 square feet of new impervious surface is proposed within the
operating area, explanation of the stormwater treatment to be provided as required in SMC
7.918(3);
(4)Stamped drawings of all structural components of an overhead structure, from a
structural engineer, registered in the state of Oregon, including platform, decking, railing and
overhead structure details;
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Exhibit A, Page 4 of 6
(5)Any concurrent permit applications required, which may include but is not limited
to building permit for overhead structures covered under the building codes; and
(6)A license fee fixed by Resolution of the Council.
7.916 License Duration.
(1)Any license issued hereunder will be valid for a period of two years, and
renewable. Renewal applications will be accompanied by a renewal fee set by resolution of the
Council.
(2)The license may be revoked, on not less than 30 days
the licensee does not adequately maintain the Open Air Dining as required under the license.
(3)Any license issued shall lapse on any change of ownership of the business
holding the license, unless the City approves the transfer of the license to the successor
business in writing.
7.918 License Standards.
The license must be consistent with the following standards:
(1)Operating Area Requirements. Open Air Dining may be approved in any of the
following operating areas, on the same real property as the eating establishment:
(a)Private parking lot: Upon an existing, paved parking lot. The operating
area may occupy a minimum of two contiguous parking spaces. If a premises has
surplus parking spaces in excess of the minimum required parking in the Springfield
Development Code, the operating area may occupy a maximum of all surplus parking
spaces, excepting any ADA parking spaces.
(b)Interior and Rear Yards: Within interior side yards, street side yards, and
rear yard areas, except in setback areas from properties or structures required by the
building or fire codes or within a setback from an abutting residential land use district as
specified in the Springfield Development Code.
(c)Along Primary Street Frontage: Along the primary street frontage of the
eating establishment, provided that the operating area does not occupy more than fifty
percent of the primary street frontage, does not detract from the overall appearance of
the street frontage, and the eating establishment has not been granted a Café Seating
Permit under SMC 7.900 et seq for the same street frontage.
(2)Prohibited Locations. Open Air Dining is not permitted in the following locations:
(a)Any area necessary for meeting landscaping or stormwater retention and
treatment requirements under the Springfield Development Code or under a
development permit issued to the subject real property;
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Exhibit A, Page 5 of 6
(b)Within any ADA parking spaces or accessible pedestrian pathways;
(c)Within any driveway approaches, drive aisles, fire lanes, or designated
pedestrian walkways or accessways;
(d)Obstructing or replacing any bicycle parking required under the
Springfield Development Code;
(e)Obstructing, covering, or enclosing any utility boxes, storm drains, utility
cover or sewer cover, stormwater catch basins, or similar infrastructure;
(f)Obstructing any building ingress or egress for the subject premises or any
other premises.
(3)Site Alteration Standards and Limitations.
(a)Any new impervious surface greater than 1,000 square feet including
previously pervious surfaces covered by a tent or other overhead structure, must
provide stormwater treatment and retention consistent with best management practices
described in the City of Springfield
. Any stormwater retention or treatment requirements will be reviewed in
conjunction with any building permit application.
(b)Permanent or semi-permanent site changes made or authorized under
this license (such as pavement changes to accommodate structures) must be returned
to original condition upon expiration or termination of the license.
(c)The site is subject to all provisions of the Springfield Development Code
and EDSPM that are not directly in conflict with these license regulations.
(d)This license does not authorize storage of any materials in operating
area, including but not limited to storage of furniture, goods, or materials that limits or
precludes use of the operating area for outdoor dining purposes.
(4)Overhead Structure Standards. Overhead structures in the operating area must
meet the following requirements:
(a)Overhead structures that obstruct street signs or vision clearance ares are
prohibited unless the City manager or their designee determines that obstruction of the
sign by the overhead structure does not pose a safety risk to the public.
(b)If overhead structures are constructed in a way that requires
modification, destruction, or disturbance of the parking lot surface, reconstruction of the
parking lot surface is required once the structures are removed.
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Exhibit A, Page 6 of 6
(c)Overhead structures and decking may be constructed of wood, steel,
outdoor-grade fabric, metal panels, or corrugated plastic. All rigid structures require a
separate building permit.
(d)Tents, canopies, and umbrellas consisting of outdoor-grade fabric are
permitted that are properly secured and weighted, and comply with all applicable fire
code requirements.
(e)Overhead structures, including tents, canopies, and umbrellas, must have
a minimum of eight feet of clearance between their lowest point and the ground to allow
for safe pedestrian circulation. Overhead structures must not project more than sixteen
feet above the ground at their highest point.
(f)Overhead structures, whether fixed or retractable, must remain in place
even when they are not in use. However, soft coverings on the overhead structure, such
as fabric on a canopy or tent, may be removed as long as the frame for the overhead
structure remains in place. Umbrellas are exempt from this subsection and may be
removed in their entirety at the discretion of the licensee.
(g)Seating and other elements within overhead structures must not prevent
access to entries and exits of the overhead structure. In addition, seating and other
elements must be arranged to allow for appropriate pedestrian circulation.
(5)No Storage. Nothing in this license authorizes the storage of any materials in
operating area, including but not limited to storage of furniture, goods, or materials that limits
or precludes use of the operating area for outdoor dining purposes.
(6)License to be Posted. The licensee must keep posted a copy of the license
within or in close proximity to the operating area, or otherwise make the license available for
inspection at all times premises is open to the public.
(7) Penalties. Violation of the license requirements may result in revocation of the
permit and/or citation under SMC 5.600 to 5.625.
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