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HomeMy WebLinkAboutOrdinance No. 2018-04 Rooftop Restaurants Restaurants ORDINANCE NO. 2018-04 AN ORDINANCE AMENDING THE ZONING ORDINANCE CONCERNING ROOFTOP RESTAURANTS IN THE PLANNED COMMERCIAL (PCD) ZONING DISTRICTS AND CONDITIONALLY PERMITTED USES IN THE R-2 DISTRICT The City Council Of Edina Ordains: Section 1. Sec. 36-612 (Conditional Uses within the PCD-1, PCD-2 and PCD-3 District) shall be amended to add the following: (3) Rooftop restaurants, subject to the following conditions: a Hours of operation are limited to 7.00 am to 10.00 pm The City Council may further restrict the hours of operation based upon the proximity of the area to residential dwelling units and upon considerations relating to the safety and welfare of residents, businesses, and other uses near the establishment. b. Amplified sound shall be subject to the City's Noise Ordinance Chapter 23, Division 5 of the City Code. C. The rooftop dining area shall be kept in a clean and orderly manner. No food or beverages may be stored on the rooftop unless a suitable means for such storage has been reviewed and approved by the City as part of the CUP. d. Rooftop restaurants must be adequately screened from adjacent residential uses at the time the rooftop restaurant is established. • e. A liquor license is required to serve alcohol in the rooftop dining area. f Fencing or a guard is required around the perimeter of the rooftop dining area per the Minnesota State Building Code. g. Lighting shall be permitted to the extent that it only illuminates the designated area. Lighting shall not shine or cause a glare upon other public or private property outside the designated area, and subject to Sec. 36-1260. Section 2. Sec. 36-464 shall be amended to delete the following: See. 36 464. Conditional uses. The r:endodenal n the Double Dwelling Unit DistriEt (R-2) are additeens te, eF replaEeFnefit of, single dwelling u buildings centaining twe dwe"Ing units w 0 th a fiFSt fleeF eleyatien ef more than ene feet aboye the existiRg fiFSt fleeF eleyatien ef the existing dwellin unit building. Such additiens te er replaeeffients ef single er-two dwelling unit buildings must meet one e Fnere ef the first three cendi6ens listed in subsectien (1) ef this sectien, and always Fneet Eenditien feur- set 0) The first fleer eleyatien may be inEFeased te the extent necessary to eleyate the lewest 'eye' ef dwelling te an eleyatien of twe feet abeye the 100 year fleed eleyatien, as established by the Federal Emergency Management AgenEy (FEMA), er the city's rueffiffeheRsiye wateF FeseuFce Fnanagernen • Determinat*ens shall be undeFtaken by a pr-efessienal EiYi1 engineer licensed undeF Minn. Stats. ch. 326, Existing text—XXXX Stricken text—XXXX Arlrlorl tcvt-XXXX Ordinance No. 2018-04 Page Two eF a hydF010giSt EeFtified by the American institute ef Hydrelegy. Studies, analyses aAd Eeffl,• Fnay be iflEr-eased te the extent neeessary to allew the new building te fneet the state building rz;E)de, Section 4. Sec. 36-1274 shall be amended to delete the following: (E) Reeftep restaurants shall be prehibited In all zening distr-i Section 3. This ordinance is effective immediately upon its passage a d publication. First Reading: February 21, 2018 Second Reading: Waived Published: March I, 2018 Attest 6fA Debra A. M4rTgefi, Ci Jerk mes . Hovland, Mayor • PLEASE PUBLISH IN THE EDINA SUN CURRENT, MARCH I, 2018 BILL TO EdinaAP(a)EdinaMN.gov Please send two affidavits of publication — can be sent electronically to dmangen(q)edinamn.gov •