Outdoor Bar Seating in NX (TC-13-20)
Outdoor Bar Seating in NX (TC-13-20)
This text change proposes amending the Unified Development Ordinance (UDO) to modify the outdoor seating regulations for Bars, Nightclubs, Taverns or Lounges in the NX zoning district. Read the full ordinance (PDF).
Background Information:
The UDO contains regulations for a use titled “Bar, Nightclub, Tavern or Lounge” (hereinafter referred to as "Bars"). This use is currently defined as, “a facility that prepares and sells food and drink that has alcoholic beverage sales in excess of 70% of the business’s total annual sales.” Bars are currently allowed as a limited use within the NX zoning district. The intent of the NX zoning district is to provide for a variety of residential, retail, service and commercial uses within walking distance of residential neighborhoods. Given this, the NX zoning district is the most likely commercial district to be generally located in proximity to residential zoning districts.
The use standards for Bars were amended in 2015 with text change TC-2(A)-15. This ordinance permitted Bars in the NX zoning District and modified a number of use regulations contained in Chapter 6 of the UDO including a limitation on live performances, dance floors and the number of allowed outdoor seats.
In the Winter of 2020, the Council authorized a text change to expand the allowance for outdoor seating but with certain requirements and restrictions intended to protect nearby residents.
Current Rules:
Under the current regulations outdoor seating is limited to eight seats.
Proposed Text Change:
The proposed text change would permit outdoor seating of up to 20 seats. Seating in excess of 20 seats would require the issuance of a Special Use Permit as set forth in UDO Section 10.2.9. In addition to the showings set forth in Section 10.2.9.E.1. through 8, an operator must also adhere to the following restrictions:
- The outdoor seating area shall be a minimum distance of 100 feet from any principal or accessory dwelling unit in a residential district; however
- The minimum distance may be reduced to 40 feet provided:
- A Type B1 Transitional Protective Yard is established along any shared property line located between the outdoor seating area and any applicable principal, or accessory, dwelling unit; and
- A Type C1 or C2 Street Protective Yard is established along any property line abutting a right-of-way located between the outdoor seating area and any applicable principal or accessory dwelling unit.
- A principal structure wholly screening the outdoor seating area can be used to satisfy (a.) and (b.) above.
- No outdoor seating shall be allowed to occupy any area without prior approval of the conversion to seating by the City.
Public Meeting Schedule:
This text change is scheduled for a Planning Commission meeting in August. The Commission may act on that date or refer to their Text Change Committee for further discussion. We will be collecting comments here through June 28. Comments after this date should be submitted directly to Keegan McDonald via email.