Planning commission tables outdoor-dining ordinance amid safety, parking and noise questions
August 11, 2024 | New Haven, Macomb County, Michigan
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The Planning Commission tabled a draft outdoor-dining ordinance after an extended discussion about safety, parking and neighborhood impacts.
A presenter who circulated a draft Google Doc said the ordinance narrows eligibility to restaurants and similar food establishments and adds requirements for site plans, proof of insurance and landlord consent. "What I just passed out is a printed copy of the Google Doc that we've been kind of working from," the presenter said, outlining added language on protective barriers, fire-safety review and the administrative review process.
Commissioners focused on design and safety details. Staff proposed that outdoor seating be separated from parking with an ornamental fence and protective barriers such as bollards or Jersey barriers, while giving building and public-safety officials discretion to approve alternatives. The draft also states that "all tables, chairs, umbrellas, lighting and other accessories must be temporary and removable," and would prohibit outdoor heaters and restrict outdoor cooking features.
On parking and occupancy, the draft treats outdoor dining as accessory to the main use and would not count outdoor seats toward parking calculations unless they exceed 30% of the indoor seating allowance. For carry-out or drive-through establishments, the presenter said the draft caps outdoor seating at 12 seats.
Commissioners debated hours and noise controls. The presenter noted most communities cut outdoor operations off at 10 or 11 p.m.; one commissioner suggested allowing later hours only in areas without nearby residences. Commissioners also asked staff to add clearer distance or boundary language to make noise enforcement workable.
After discussing ADA, fire-department review requirements and fence height and materials, the commission voted to table the ordinance while staff revises language and incorporates fire and accessibility specifics. The motion to table carried by voice vote; the transcript does not record a numerical tally.
Next steps: staff will update the draft ordinance to reflect the commission's changes and return it for further consideration at a future meeting.
A presenter who circulated a draft Google Doc said the ordinance narrows eligibility to restaurants and similar food establishments and adds requirements for site plans, proof of insurance and landlord consent. "What I just passed out is a printed copy of the Google Doc that we've been kind of working from," the presenter said, outlining added language on protective barriers, fire-safety review and the administrative review process.
Commissioners focused on design and safety details. Staff proposed that outdoor seating be separated from parking with an ornamental fence and protective barriers such as bollards or Jersey barriers, while giving building and public-safety officials discretion to approve alternatives. The draft also states that "all tables, chairs, umbrellas, lighting and other accessories must be temporary and removable," and would prohibit outdoor heaters and restrict outdoor cooking features.
On parking and occupancy, the draft treats outdoor dining as accessory to the main use and would not count outdoor seats toward parking calculations unless they exceed 30% of the indoor seating allowance. For carry-out or drive-through establishments, the presenter said the draft caps outdoor seating at 12 seats.
Commissioners debated hours and noise controls. The presenter noted most communities cut outdoor operations off at 10 or 11 p.m.; one commissioner suggested allowing later hours only in areas without nearby residences. Commissioners also asked staff to add clearer distance or boundary language to make noise enforcement workable.
After discussing ADA, fire-department review requirements and fence height and materials, the commission voted to table the ordinance while staff revises language and incorporates fire and accessibility specifics. The motion to table carried by voice vote; the transcript does not record a numerical tally.
Next steps: staff will update the draft ordinance to reflect the commission's changes and return it for further consideration at a future meeting.
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