ORDINANCE NO. 210256

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Amending Chapter 88, Zoning and Development Code, by adding a new section to be

known as Section 88-420-18, Outdoor Seating for Eating and Drinking Establishments, to allow eating and drinking establishments to use parking lots and open space for outdoor

seating.

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BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That Chapter 88, Zoning and Development Code, be amended by adding a new section known as Section 88-420-18, Outdoor Seating for Eating and Drinking Establishments, to allow eating and drinking establishments to use parking lots and open space for outdoor seating, to read as follows:

88-420-18                     OUTDOOR SEATING FOR EATING AND DRINNKING ESTABLISHMENTS

88-420-18-A. PURPOSE

To allow eating and drinking establishments to use underutilized outdoor space for dining and seating purposes.

88-420-18-B. AUTHORIZATION

Notwithstanding Section 88-420-11 and the parking ratios set forth in Section 88- 420-06, eating and drinking establishments as defined in Section 88-805-04-I may use parking lots and open space for outdoor seating and dining space, and for no other use other than parking and open space, in conformance with the provisions of this zoning and development code.

88-420-18-C. STANDARDS AND CONDITIONS

Parking lots and open space may be used for outdoor seating at eating and drinking establishments, subject to the following standards and conditions:

1.                     Seating in parking lots shall only be permitted in striped parking spaces; no seating shall be permitted in drive aisles.

2.                     Open space  or other  areas of the  subject property  may  also  be  used  for seating.

3.                     Driveways  or entrances  to  vehicular use  areas  from  the  public  right-of- way shall not be obstructed.

4.                     Landscaped  areas or areas designated  for  stormwater  management  shall not be used for outdoor  seating.

5.                     Americans with Disabilities Act (“ADA”) parking spaces shall not be used for outdoor seating.

6.                     Seating shall be ADA accessible.

1.                     Pedestrian paths such as sidewalks or crosswalks shall not be obstructed.

7.                     The property owner shall supervise and maintain outdoor seating areas in a clean, orderly and safe condition and in such manner as to protect the public health and safety.  All tables, chairs, seating areas, umbrellas, tents, and any other furnishings or equipment used in outdoor seating areas shall be kept and maintained in good repair.

8.                     Service of alcohol shall be permitted, provided  the property owner meets the requirements of Chapter 10 of the City Code, as required.

9.                     Parking lots  and open space  used  for  outdoor seating shall be restored to their original condition and use when not in use for outdoor  seating.

88-420-18-D. ENFORCEMENT.

Violations, penalties and enforcement shall be as stated in Section 88-615 of this zoning and development code.

Section B. That the Council finds and declares that before taking any action on the proposed amendment hereinabove, all public notices and hearings required by law

been given and had.

been given and had.

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______________________________________________________

I hereby certify that as required by Chapter 88, Code of Ordinances, the foregoing

ordinance was duly advertised and public hearings were held.

                                                                                                                       _____________________________________

                                                                                                  Secretary, City Plan Commission

Approved as to form and legality:

______________________________

Sarah Baxter

Assistant City Attorney