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File #: 69382    Version: Name: Create Outdoor Eating Area Streatery Roadway Cafe
Type: Ordinance Status: Passed
File created: 1/19/2022 In control: Attorney's Office
On agenda: 3/29/2022 Final action: 3/29/2022
Enactment date: 4/8/2022 Enactment #: ORD-22-00016
Title: AMENDED - Amending Chapter 28 to create an outdoor eating area, temporary, associated with a food and beverage establishment as a use category in Chapter 28, amending Tables 28D-2, 28E-2, 28F-1 and 28G-1 to include the new use category, and amending Subchapter 28J: Supplemental Regulations.
Sponsors: Satya V. Rhodes-Conway, Michael E. Verveer, Patrick W. Heck, Gary Halverson, Syed Abbas, Nasra Wehelie, Regina M. Vidaver, Lindsay Lemmer, Keith Furman, Yannette Figueroa Cole
Attachments: 1. 69382 Body Version 2, 2. 69382 Body.pdf, 3. Summary of Ordinance Changes.pdf, 4. Comments_030422.pdf, 5. Zoning Text Memo 3-7-22.pdf, 6. Public_Comments_030722.pdf, 7. Outdoor Eating Areas - PC Presentation 3-7-22.pdf
Date Ver.Action ByActionResultAction DetailsMeeting DetailsWatch
3/29/20221 COMMON COUNCIL Adopt with Conditions and Close the Public Hearing  Action details Meeting details Not available
3/29/20221 COMMON COUNCIL Adopt the Following Amendment(s)Pass Action details Meeting details Not available
3/29/20221 COMMON COUNCIL Adopt With Amendment(s)Pass Action details Meeting details Not available
3/7/20221 PLAN COMMISSION RECOMMEND TO COUNCIL TO ADOPT WITH CONDITIONS - PUBLIC HEARINGPass Action details Meeting details Not available
2/17/20221 DOWNTOWN COORDINATING COMMITTEE    Action details Meeting details Not available
2/1/20221 COMMON COUNCIL Refer For Public HearingPass Action details Meeting details Not available
1/25/20221 Attorney's Office Referred for Introduction  Action details Meeting details Not available
Fiscal Note
No additional City appropriation required. The fee structure and estimated revenue related to Sidewalk Café and Roadway Café Expansion Licenses is included in companion Legistar File 69380.
Title
AMENDED - Amending Chapter 28 to create an outdoor eating area, temporary, associated with a food and beverage establishment as a use category in Chapter 28, amending Tables 28D-2, 28E-2, 28F-1 and 28G-1 to include the new use category, and amending Subchapter 28J: Supplemental Regulations.
Body
DRAFTER’S ANALYSIS: File Nos. 69379 and 69380, establish the Roadway Cafe permit program; an alternative to a privilege in street that would otherwise be required under Section 10.31 of the Madison General Ordinances (MGO) and Wis. Stat. § 66.0425, and would allow for a licensed sidewalk cafe to expand into portions of certain roadways. While the companion ordinances will allow for expanded outdoor dining options in the right-of-way, this ordinance will allow for expanded outdoor dining areas on private zoning lots.
This ordinance creates a use category - “outdoor eating area, temporary, associated with food and beverage establishment” and establishes it in mixed-use and commercial districts, downtown and urban districts, and employment districts. The new use category is established as a permitted use if the establishment follows conditions in the newly-created companion supplemental regulations. Amplified noise and extended hours can be established through the conditional use process. Tables 28D-2, 28E-2, 28F-1 and 28G-1 are amended to include this new use category in the afore-mentioned districts.
MGO Sec. 28.211 is amended to create definitions for both the new “outdoor eating area, temporary, associated with a food and beverage establishment” and the previously existing use category “outdoor eating area associated with a food and beverage establishment.” Finally, supplemental regulations are created for “outdoor eating area, temporary, associated with a foo...

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