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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 2 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 3 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 4 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 7 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 8 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 10 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