Code of Ordinances Amendment - Title 10 Sidewalk Cafe Permits Copyright 2014
City of Dubuque Action Items # 5.
ITEM TITLE: Code of Ordinances Amendment - Title 10 Sidewalk Cafe Permits
SUMMARY: City Manager recommending approval of an amendment to Title 10
Chapter 3 Article E Sidewalk Cafe to permit sidewalk cafes in those areas
where the cafe is listed as a permitted or accessory use in the zoning
district where they are located.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 10
Public Ways and Property, Chapter 3 Encroachments on Public Places,
Article E 1 Definitions and 2 Authorization B, by changing the definition
and districts in which sidewalk cafes are prohibited
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A
ATTACHMENTS:
Description Type
❑ Sidewalk Cafe Ordinance Amendment-MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ Ordinance Ordinance
❑ Suggested Motion Supporting Documentation
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: City Code 10-3 Sidewalk Cafe Amendment
DATE: June 29, 2015
The current Sidewalk Cafe Ordinance only permits sidewalk cafes in districts zoned C-4
downtown commercial district, C-5 business district, OC office commercial district or in
the Port of Dubuque PUD district.
The City has received requests from other areas of town for sidewalk cafes, some of
which did not continue through with the process and others that are looking for
permission, and other areas that the City anticipates future requests. The latest request
is from East Mill Bakeshop & Catering at 620 S. Grandview.
City Engineer Gus Psihoyos recommends City Council approval of an amendment to
Title 10 Chapter 3 Article E Sidewalk Cafe to permit sidewalk cafes in those areas
where the cafe is listed as a permitted or accessory use in the zoning district where they
are located.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Micliael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Gus Psihoyos, City Engineer
buque
THE CITY OF ,._ Du
DUB E
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager j
FROM: Gus Psihoyos, City Engineer .'
SUBJECT: City Code 10-3 Sidewalk Cafe Amendment
DATE: June 26, 2015
INTRODUCTION
The purpose of this memo is to recommend approval of an amendment to Title 10
Chapter 3 Article E Sidewalk Cafe.
BACKGROUND
The current ordinance only permits sidewalk cafes in districts zoned C-4 downtown
commercial district, C-5 business district or OC office commercial district or in the Port
of Dubuque PUD district.
DISCUSSION
The city has received requests from other areas of town for sidewalk cafe, some of
which did not continue through with the process and others that are looking for
permission, and other areas that the city anticipates future requests. The latest request
is from East Mill Bakeshop & Catering at 620 S. Grandview.
The East Mill Bakeshop is a very popular business and is located at the corner of S.
Grandview and Bryant Street. The parcel is zoned neighborhood commercial and
would currently not be permitted. After discussion with Assistance City Manager Cindy
Steinhauser, Asst. City Attorney Crenna Brumwell, Associate Planner Kyle Kritz,
Assistant Planner Guy Hemenway, and Dubuque Main Street, it has been determined
the sidewalk cafe ordinance should be amended to allow for applications from areas
where the cafe is listed as a permitted or accessory use in the zoning district where they
are located. This description would allow for applications from the 620 S. Grandview
property, as well as Historic Millwork District, and all zoning districts where restaurants
are permitted. The City still has the authority of approving or denying and limiting any
requests for sidewalk cafes.
ACTION TO BE TAKEN
I respectfully request approval of the amendment to the Title 10 Public Ways and
Property, Chapter 3 Encroachments on Public Places, Article E 2 Authorization, be
amended to permit sidewalk cafe in those areas where it is a permitted or accessory
use in the zoning district where they are located.
GP/js
Attch: Amendment
i
i
cc: Cindy Steinhauser, Asst. City Manager
Crenna Brumwell, Asst. City Attorney
Laura Carstens, City Planner
Kyle Kritz, Assoc. Planner
Jane Smith, EAII
RWANE SMITH\COUNCIL\Sidewalk Cafe Amendment
2
Prepared by Crenna M. Brunwell, Esq. 300 Main Street Suite330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 42-15
AMENDING CITY OF DUBUQUE CODE OF ORDINANCE TITLE 10 PUBLIC WAYS
AND PROPERTY, CHAPTER 3 ENCROACHMENTS ON PUBLIC PLACES, ARTICLE
E 1 DEFINITIONS AND 2 AUTHORIZATION, B, BY CHANGING THE DEFINITION
AND DISTRICTS IN WHICH SIDEWALK CAFES ARE PERMITTED
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 10-3E-1 of the City of Dubuque Code of Ordinances is
amended to read as follows:
10-3E-1: DEFINITION:
"Sidewalk cafe" shall mean a group of tables, chairs, barriers or partitions, trash
containers maintained upon part of the public right of way next to a storefront used by
an establishment with a valid food and drink permit for the sale to the public of food,
refreshments and beverages of all kinds.
Section 2. Section 10 -3E -2-B of the City of Dubuque Code of Ordinances is
amended to read as follows:
10-3E-2: AUTHORIZATION:
B. A sidewalk cafe in the public right of way shall be permitted where sidewalk cafes are
allowed, provided that restaurants are listed as a permitted or accessory use in the
zoning district where they are located.
Section 2. This Ordinance takes effect upon publication.
Passed, approved and adopted the 6th day of July, 2015.
Attest:
Roy D. Buol, Mayor
EFFECT OF AMENDMENT
10-3E-1: DEFINITION:
"Sidewalk cafe" shall mean a group of tables, chairs, barriers or partitions, trash containers maintained
upon part of the public right of way next to a storefront used by an establishment with a valid food and
drink permit for the sale to the public of food, refreshments and beverages of all kinds.
10-3E-2: AUTHORIZATION:
B. A sidewalk cafe in the public right of way shall be permitted where sidewalk cafes are allowed,
provided that restaurants are listed as a permitted or accessory use in the zoning district where they are
located.
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper
on the following dates: July 10, 2015, and for which the charge is $16.34.,
‹rnct4't"'vLjt-- P
Subscribed to before me a Notary Public in and for Dubuque County, Iowa,
this /thl day o - , 20 /5
Notary Public in and for Dubuque County, Iowa.
;" f='Y r, ES TERMEYER
Co;nrnisior Number 154885
Mv'_ mn, Exp. FEB 1, 2017
OFFICIAL;.
PUBLICATION ,
ORDINANCE NO. 42-15
AMENDING CITY OF
DUBUQUE CODE OF
ORDINANCE TITLE 10
PUBLIC WAYS AND
PROPERTY, CHAPTER
3 ENCROACHMENTS
ON PUBLIC PLACES,
ARTICLE E 1
DEFINITIONS AND 2
AUTHORIZATION, '`B,
BY°'CHANGING THE
DEFINITION AND
DISTRICTS IN WHICH
SIDEWALK CAFES
ARE PERMITTED
NE O"CITY W, THERECOFORE,
BE' IT ORDAINED' BY
THNCIL
OF THE CITY OF
DUBUQUE, IOWA:
Section 1.Section 10-
3E -1
03E 1 of the City of,
Dubuque Code of
Ordinances is amended
to read as follows:
10-3E-1: DEFINITION:.
"Sidewalk cafe" shall.
mean a group of
tables, chairs, barriers
or partitions, trash
containers maintained
upon part of the public
right of way next to a
storefront ;used - by 'an
establishieent with a
valid food and drink
permit for the sale to
thepublic of .-food,
refreshments and bev
erages of all kinds.
Section 2, Section 10-
3E-2-8 of the City of
Dubuque Code of
Ordinances is amended
to read as fpllows
."10-3E72?AUTHORIZA-`
TION
B. A sidewalk cafe in
the, puhlic right of way:,
shall be - permitted
where sidewalk cafes
are allowed, provided}
that ,:restaurants aro
listed as a, perm[ttedor_l
accessoryy:. use In, the•,
zoning district where'
;they are located. - "+'
.Section 2. This;
'Ordinance takes effect
upon publication:
Passed, approved and
adopted the 8th day, of
'July, 2015''
/s/flog D,. Buol Mayer,
Attest/s/Kevin S "
Firnstahl, City Clerk
Published officially in
the Telegraph Herald
newspaper on the -10th
day of July, 2015:
/s/Keuin5. Firnstahl,
City Clerk
1t.7/10