HomeMy Public PortalAboutOutdoor Dining By-Law #153_Effective 2022-06-08Municipality of the District of Chester
Outdoor Dining By -Law
By -Law No. 153
Effective: June 8, 2022
Municipality of Chester Outdoor Dining By -Law
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MUNICIPALITY OF CHESTER
OUTDOOR DINING BY-LAW
1) Purpose, Scope, Authority
a. Notwithstanding any contrary provisions of the Chester Village Land Use By-law or the Chester
Municipal Land Use By-law, an Owner/Operator licenced pursuant to this By-law may operate
within the Outdoor Dining area in accordance with that Licence while it is in effect. Upon the
expiration, termination, or suspension of the Licence the provisions of the applicable Land Use
By-law shall then apply to the Outdoor Dining Area.
b. The purpose of this by-law is to provide for the licensing of outdoor dining areas of appropriate
design, configuration, and appearance during the spring, summer and fall.
c. Due to the seasonal and temporary nature of an outdoor dining area, the seating within an
outdoor dining area will not be considered an increase in the number of seats serving a
restaurant or eating establishment, will not be counted towards any off-street parking
requirements established in any Municipal Land -Use By -Law and no development permit will be
required for the temporary use or structure.
2) Definitions
a. "Administrator" means the CAO or other staff person as appointed by the CAO to administer
this by-law.
b. "Municipality" means the Municipality of the District of Chester.
c. "Outdoor dining area", includes all area within a public right of way, whether owned or
controlled by the Municipality or the Province, directly abutting the property to the business or
the property where the business is located and is the location where temporary seating areas
for food and beverage establishments such as seasonal patios and sidewalk cafes are located
and includes any temporary sidewalk(s).
d. "Business" means food and beverage establishments.
e. "Owner/Operator" means the owner of the business where an outdoor dining area application
is applied for and shall include a tenant, or person having possession and control of the property
upon which the business is operated.
f. "Cane -detectable barrier" refers to objects that can be detected by a person using a long white
cane. Along a path of travel, objects must be located between the ground and a height of 680
mm to be cane -detectable (refer to Schedule A for illustration).
g. "Protruding objects" are any objects that protrude into the path of travel and must be cane -
detectable. Objects that protrude more than 100 mm into the path of travel must have their
leading edge no higher than 680 mm from the ground. Any protruding objects with their leading
edge above 680 mm must also have a cane -detectable barrier. A minimum overhead clearance
of 2050 mm is required (refer to Schedule B for illustration).
Notice of Intention to Adopt — Council — May 9, 2022 (2022-182)
First Notice — Council — May 12, 2022 (2022-200)
Second/Final Notice — Council — June 2, 2022 (2022-238)
Date of Approval in local Newspaper —June 8, 2022
Municipality of Chester Outdoor Dining By -Law
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h. "Safety barrier" means an obstacle placed between pedestrian traffic and vehicular traffic, fully
in compliance with the requirements outlined in this by-law.
i. "Temporary Sidewalk" means a dedicated space reserved for pedestrian use, fully in compliance
with the requirements outlined within this by-law.
3) Administration
a. No Owner/Operator shall establish or maintain an outdoor dining area without a license
pursuant to this by-law.
b. All Licences issued by the Municipality are subject to the Owner/Operator obtaining the
necessary permits or permissions from any other regulatory body such as the province.
c. The Owner/Operator of an outdoor dining area shall pay an Annual Permit Fee as per the fees
and policy of Council upon application for the Licence.
d. Licenced outdoor dining areas are permitted as an accessory use to a permitted or legally
existing food and beverage establishment, excluding mobile vendors under the Municipal Trade
and Licencing By -Law.
e. The Administrator may issue annual outdoor dining licenses which shall be for the period from
April 15 to October 31 or such shorter period as specified in the Licence.
f. Licenses shall be valid for one (1) season and must be reapplied for annually.
g. Outdoor dining areas shall operate in compliance with the operating hours of the principal use
to which it is an accessory.
h. No outdoor dining area shall broadcast pre-recorded or live music, including music broadcast
from inside the building but intended to reach patrons of the outdoor dining area. Music
broadcast from inside the building that is heard by patrons of the outdoor dining area shall not
be of such a volume as will create a noise nuisance to either the public or surrounding property
owners.
i. The Municipality and public utility agencies retain the right of entry to the approved outdoor
dining area and the temporary sidewalk for the installation, maintenance and repair of pipes,
cables, wires, poles, hydrants and other elements as necessary.
i) In the case of emergency repairs of utility infrastructure noted above, entry may be made
without notice. For scheduled work, a minimum notice of 48 hours will be given.
ii) When access is required by the Municipality or a public utility for a purpose such as those
above, the Owner/Operator shall remove the outdoor dining area improvements and
reinstall them at the Owner/Operator's expense.
iii) The Municipality retains the right of entry to the approved outdoor dining area for
emergency vehicle access.
4) Liability
The Owner/Operator of an outdoor dining area shall:
Notice of Intention to Adopt — Council — May 9, 2022 (2022-182)
First Notice — Council — May 12, 2022 (2022-200)
Second/Final Notice — Council —June 2, 2022 (2022-238)
Date of Approval in local Newspaper — June 8, 2022
Municipality of Chester Outdoor Dining By -Law
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a. carry a minimum of $2,000,000 liability insurance for the operation of the outdoor dining area
for the full term of the license
b. name the Municipality and Province of Nova Scotia as co-insured
c. must indemnify the Municipality and save it harmless from all claims of injury to persons or
damage to property attributable in whole or in part to the existence, location, and operation of
the outdoor dining area
d. must indemnify the Province of Nova Scotia and save it harmless from all claims of injury to
persons or damage to property attributable in whole or in part to the existence, location, and
operation of the outdoor dining area
e. notify the Municipality no less than 30 days before the cancellation of this insurance.
5) Outdoor Dining Areas
All outdoor dining areas shall comply with the following:
a. provide a temporary sidewalk when located in the public road right-of-way or vehicular parking
area to preserve the free flow of pedestrian traffic.
b. be constructed in such a way as not to block or otherwise interfere with the street drainage
system.
c. any structures associated with an outdoor dining area will require afire inspection.
d. be approved by the provincial department responsible for transportation, where applicable.
e. be approved by the municipal department responsible for municipal streets and sidewalk
maintenance.
f. where applicable, the seating area shall not extend beyond the inside edge of the curb of the
municipal sidewalk.
g. all objects must be wholly contained within the area approved for the outdoor dining area.
h. when located within a public road right of way, the outdoor dining area shall not extend past the
front property line of the property that the business is located on.
i. any tents, domes, tarpaulins and decorative materials shall conform to Can/ULC-S109, "Flame
Tests of Flame -Resistant Fabrics and Films."
j. maintain a minimum width of 1600 mm of unobstructed (barrier free) access to the entrance of
the building.
k. Fire hydrants may be incorporated into an outdoor dining area on the strict understanding that
access should be immediate when required i.e., no permanent or difficult to remove structures
built around them.
6) Temporary Sidewalk
A temporary sidewalk must be provided when an outdoor dining area is located within the public road
right-of-way or located within a vehicular parking area. All temporary sidewalks shall:
Notice of Intention to Adopt — Council — May 9, 2022 (2022-182)
First Notice — Council — May 12, 2022 (2022-200)
Second/Final Notice —Council —June 2, 2022 (2022-238)
Date of Approval in local Newspaper —June 8, 2022
Municipality of Chester Outdoor Dining By -Law 5
a. be separated from vehicular parking by a safety barrier as approved by the provincial
department responsible for transportation.
b. include a cane -detectable barrier on both sides of the temporary sidewalk.
c. include a railing at a minimum of 914 mm in height (measured from the ramp surface to the top
of the rail) on both sides of the temporary sidewalk to prevent pedestrians from entering the
street and the seating area of the outdoor dining area. The railings must be continuous, and
colour contrasted with surrounding surfaces.
d. have handrails that are a size (diameter) that facilitates grip, with a smooth and round design
and include horizontal handrail extensions at the top and bottom of the ramp to provide
support with extensions turned down to prevent bags, pockets etc. from getting caught.
e. be no less than 1.5 metres wide to accommodate those requiring mobility devices.
f. provide a smooth, level transition between existing grade and the temporary sidewalk surface
and have no more than a 6 mm lip to enter the ramp.
g. have a non -slip surface, or a non -slip surface must be applied.
7) Beautification
All outdoor dining areas shall:
a. be encouraged to include landscaping of the outdoor dining area.
b. remove all landscaping features by the expiration date of the license.
c. ensure that all plant material is wholly contained within the designated outdoor dining area.
d. ensure that vegetation is maintained or replaced with healthy plant materials throughout the
duration of the license.
8) Accessible Parking Space(s)
Any outdoor dining area occupying an accessible parking space shall:
a. provide a suitable alternative accessible parking space created with approval from the provincial
department responsible for transportation.
b. be replaced with a parking space that has adequate curb cuts and access to the sidewalk where
applicable.
9) Lighting
Any lighting for an outdoor dining area shall be of a temporary nature and shall:
a. use lowest possible intensity consistent with safety.
b. use fixtures which eliminate glare.
c. not project any glare or direct illumination onto adjacent properties or the adjacent street.
d. remain static, meaning the lights shall not flash, move, or change in intensity or colour.
e. be turned off when the business is not open.
Notice of Intention to Adopt — Council — May 9, 2022 (2022-182)
First Notice — Council — May 12, 2022 (2022-200)
Second/Final Notice —Council —June 2, 2022 (2022-238)
Date of Approval in local Newspaper — June 8, 2022
Municipality of Chester Outdoor Dining By -Law
10) Waste, Storage and Maintenance
The Owner/Operator of an outdoor dining area shall:
a. maintain the outdoor dining area, the temporary sidewalk area, and the immediately adjacent
area, in a clean and safe condition, free of hazards at all times.
b. locate any waste receptacles and workstations along the building wall.
c. ensure all waste receptacles are covered.
d. ensure all waste receptacles are emptied nightly.
e. ensure that all components of the outdoor dining area are removed at the end of each season.
f. ensure that when the outdoor dining area is removed for the season, the street, sidewalk, and
municipal property are restored to the original condition, to the satisfaction of the Municipality.
11) Variation to Outdoor Dining Area
The Administrator may:
a. vary the dimensional outdoor dining area requirements by up to 10 percent to allow flexibility to
accommodate physical anomalies of a site, so long as the intent of the particular requirement is
not compromised.
b. under special circumstances, vary outdoor dining area requirements with the approval of
Council and the provincial department responsible for transportation.
c. with written permission from an abutting property owner, allow an outdoor dining area to
extend within the public road right of way in front of an abutting property, to a maximum of half
of the abutting property's front property line, provided no driveway access is blocked.
12) Penalty
a. Any person who violates any provision of this by-law, at the discretion of the Administrator, may
have their Licence suspended or revoked until the violations are corrected. For repeated
violations or flagrant violations, the Licence could be revoked entirely such that the outdoor
dining area would have to be removed.
Notice of Intention to Adopt — Council — May 9, 2022 (2022-182)
First Notice — Council — May 12, 2022 (2022-200)
Second/Final Notice — Council —June 2, 2022 (2022-238)
Date of Approval in local Newspaper — June 8, 2022
Municipality of Chester Outdoor Dining By -Law
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SCHEDULE A
OVERHEAD CLEARANCE AND CANE DETECTABLE BARRIER ILLUSTRATIONS*
*The below illustrations are to be used as visual aids only and may be amended from time to time.
SIGN
Overhead
Clearance o
2050 mm (min.)
Copyright Co 2020 Rick Hansen Foundation. All rights reserved.
Notice of Intention to Adopt — Council — May 9, 2022 (2022-182)
First Notice — Council — May 12, 2022 (2022-200)
Second/Final Notice — Council —June 2, 2022 (2022-238)
Date of Approval in local Newspaper — June 8, 2022
Municipality of Chester Outdoor Dining By -Law
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SCHEDULE B
PROTRUDING OBJECTS ILLUSTRATIONS*
*The below illustrations are to be used as visual aids only and may be amended from time to time.
Notice of Intention to Adopt — Council — May 9, 2022 (2022-182)
First Notice — Council — May 12, 2022 (2022-200)
Second/Final Notice — Council —June 2, 2022 (2022-238)
Date of Approval in local Newspaper — June 8, 2022
Municipality of Chester Outdoor Dining By -Law
Annotation for Official By -Law Book
May 12, 2022
Date of First Reading
2022-200
May 18, 2022
Date of advertisement of Notice of Intent to Consider
Lighthouse NOW
June 2, 2022
Date of Second Reading
2022-238
Date of advertisement of passage of By -Law
June 8, 2022
Date of mailing to Minister a certified copy of By -Law
June 13, 2022
Effective Date
June 8, 2022
1 certify that this Outdoor Dining By -Law #153 was adopted
by Council and published as indicated above
Pamela M. Myra, Municipal Clerk
ate
Notice of Intention to Adopt — Council — May 9, 2022 (2022-182)
First Notice —Council — May 12, 2022 (2022-200)
Second/Final Notice — Council —June 2, 2022 (2022-238)
Date of Approval in local Newspaper —June 8, 2022
Municipality of Chester Outdoor Dining By -Law
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MUNICIPALITY OF THE DISTRICT OF CHESTER
r,atM�o NOTICE REGARDING BY—LAW ADOPTION
CHESTER
Take Notice that Chester Municipal Council conducted Final Reading for
consideration of the adoption of the following By -Law on June 2, 2022, as
follows:
By-law
Adoption of By -Law
Outdoor Dining By -Law #153
Adoption of a by-law to provide for
the licensing of outdoor dining areas
of appropriate design, configuration,
and appearance during the spring,
summer, and fall in outdoor dining
areas.
I, Pamela M. Myra, Municipal Clerk of the
Municipality of the District of Chester do hereby
certify that the above is a true copy of an
advertisement duly advertised in the Lighthouse
NOW Progress Bulletin edition on June 8, 2022.
Given underthe hand of the Municipal Clerk and
under the corporate seal of the said
Municipality this 13th day of June, 2022.
Pamela M.
Myra
Municipal Clerk
Notice of Intention to Adopt —Council —May 9, 2022 (2022-182)
First Notice —Council —May 12, 2022 (2022-200)
Second/Final Notice —Council —June 2, 2022 (2022-238)
Date of Approval in local Newspaper —June 8, 2022