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ORDINANCE NO.767 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON AN ORDINANCE AMENDMENT RELATING TO OUTDOOR DINING rHE CITY COUNCIL OF THE CITY OF NEW BRIGHTON ORDAINS that the New 3righton Code of Ordinance is amended by amending City Zoning Code Section 5-240 15) as follows: 5-240. Special Permitted Uses in a B-3 District. 15) Outdoor dining in conjunction with a licensed food establishment. Adequate creening, fencing and/or other requirements may be imposed to ensure that such use loes not have a detrimental impact on the adjoining properties or the general public. The ,ouncil may authorize outdoor dining areas to encroach upon the required front yard etback up to 15' subject to the following additional conditions: The outdoor dining area shall be fenced and landscaped in a manner to provide a ,hysical buffer between public rights-of-way, sidewalks, and trails. The buffer shall be ufficient to provide adequate growth area for planting materials as determined by the "ity Forester. . The outdoor dining area shall be attached to the principal building and primary access hall be provided from within the principal building. . The length of the outdoor dining area shall not exceed 60% of the length of the rincipal building to which the outdoor dining area is attached. Fence heights shall comply with Zoning Code Section 5-550. Fence materials shall be decorative and low maintenance. Chain link fences, chicken vire, barbed wire or similar types of livestock fencing are not permitted. The design of the patio area and all required fencing and landscaping shall be such that fight lines in and out of existing or proposed access points are not obstructed. Temporary structures shall not be allowed within the outdoor dining area. Banners, streamers or other types of permanent or temporary signs shall not be placed r displayed in outdoor dining areas. The patio does not take on characteristics of a building having a roof and/or walls. The City Council may impose additional conditions as deemed necessary to protect the ablic health, safety and welfare.