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STAFF Memorandum <br />Ordinance 874: Temporary Use Regulations <br /> <br /> <br />To: Planning Commission <br />From: Ben Gozola, Assistant Director DCAD <br />Meeting Date: 5-19-20 <br /> <br /> <br />INTRODUCTION <br />In light of the on-going pandemic, staff is proposing that Council adopt Ordinance 874: Temporary Use Regulations, <br />to allow the City to quickly respond to the needs of its residents and businesses during this time of uncertainty and <br />change. With at least some businesses likely re-opening in the coming weeks, flexibility will be key to ensuring our <br />local regulations are not a hindrance to the success of those we serve. <br />Case in point: outdoor seating area for restaurants. One change recommended by the CDC for restaurants & bars <br />during re-opening is to re-envision floor plans to facilitate easier social distancing (i.e. eliminate tables and spread <br />things out). It is easy to imagine that many or all of our local restaurants will seek the ability to expand seating <br />outdoors to maintain their seating capacity despite new floor plans, and to give patrons who may be uncomfortable <br />sitting inside a room with others another option to consider. Under current city policy, outdoor seating areas can <br />only be permitted via a Special Use Permit which entails/requires: a $600 fee, a survey showing the proposed <br />activity area and improvements (typically over $1K if starting from scratch), public notices, a public hearing, review <br />by the Planning Commission, and review by the City Council. All told, the average cost to a business will likely <br />exceed $2000 and take over 40 days before a decision can be made. While that process is critically important before <br />approving a permanent use that could continue year after year, it is arguably unnecessary for approving a temporary <br />bridge activity to help our local restaurants during their greatest hour of need. This ordinance is offered to solve that <br />problem. <br />ORDINANCE REVIEW <br />Ordinance 874 would create a new Section 8-064 within the zoning code entitled “Temporary Uses” <br /> Subsection (1), Purpose, lines 15 – 20. States the ordinance is intended to allow the City to quickly respond <br />to unforeseen issues such as natural disasters and pandemics by establishing temporary use allowances as <br />may be needed in the community. <br /> Subsection (2), Establishment of Temporary Uses, lines 21 – 27. Gives Council the sole authority to approve <br />specific temporary uses which can be authorized under these provisions.