02/10/2010 P&Z Packet - Laserfiche WebLink

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Outdoor Seating and Golf Course Uses page 2 ANALYSIS Outdoor Dining and Seating The Lino Lakes zoning ordinance has three business zoning districts: Neighborhood Business, Limited Business, and General Business (NB, LB, and GB, respectively). While each zone includes restaurants in the list of permitted uses, outdoor dining is specifically excluded as a permitted use. However, each zone allows as a conditional use "restaurants with accessory outdoor dining facilities provided that" specified conditions are met. That is, restaurants are allowed by right, but outdoor dining requires a conditional use permit. Though there are few restaurants in Lino Lakes, we should anticipate more over time. Many types of restaurants have outdoor seating. Most fast food restaurants have it, and many regular restaurants with table service commonly offer outdoor seating as an option. It is no longer an unusual feature and, in fact, is a very desirable amenity. The category of conditional uses is intended for non - standard, atypical uses or elements. The zoning ordinance states: "Certain uses, while generally not suitable in a particular zoning district, may under some circumstances be suitable. When such circumstances exist, a conditional use permit may be granted." (Section 2, Subd. 2.A.) There is no reason to consider outdoor seating "generally not suitable" in a business zone that allows restaurants and retail as permitted uses. As long as standards are established that ensure that the seating will not pose a threat to public health, safety, and welfare, outdoor seating is a benefit to both the public and the individual business. Based on these considerations, staff has drafted amendments to the zoning ordinance to address a number of issues. • The term "outdoor seating" is broader than "outdoor dining ". The current ordinance only addresses "outdoor dining facilities ". It is not clear that this phrase includes informal seating where "dining" does not occur. To resolve ambiguities, the proposed ordinance amendment includes both terms, dining and seating. Requirements are the same except where a difference is specified. • The amendments ensure that an outdoor dining /seating area must be accessory to a principal use. That is, there is no such thing as outdoor seating as a principal, stand alone use. • The proposed amendments change the required approval for outdoor dining /seating from a conditional use permit to an administrative permit in the business zones. The proposed outdoor area would be reviewed administratively as part of the application for a site plan or even a building permit. It will be included in the review of the proposed principal use or, if the principal use is already established, the seating area would be reviewed with any building permit needed to construct it. In the case of a planned unit development, the dining /seating • • •