[ back ]
Outdoor dining gets go-ahead in Chardon
(by Joseph Koziol Jr. - April 14, 2010)
Outdoor dining gets go-ahead in Chardon
By JOSEPH KOZIOL JR.
Chardon City Council rushed last week to put new rules in place to allow outdoor dining in the city.
Council passed by unanimous vote a new business regulation that will permit restaurants throughout the city to set tables and chairs outside for dining. Council approved it as emergency legislation, allowing it to take effect immediately.
Council originally proposed the legislation to be part of its planning and zoning code. But, as part of the planning and zoning code, a public hearing would have been required.
The public hearing would have delayed action on the matter for 30 days. Another 30 days also would have to pass before the legislation could become effective.
Council President Philip King said such a delay would have pushed the start of outdoor dining well into the summer season and possibly hurt businesses that want to use it this year.
Instead, council agreed to approve it as part of the business regulations, which did not have the same time requirements.
Many of the details of the legislation were worked out in a council legislative committee meeting just days before council met.
At the committee meeting, members of council agreed that no fee should be charged for the annual license that will be required to permit outdoor dining.
Although the legislation affected businesses throughout the city, much of the focus was on those along Main Street. Those businesses have little frontage to work with, often no more than 3 feet, before they spill into the public rights of way.
The ordinance permits businesses along Main Street to cross over into the public right of way with their outdoor dining. It only requires them to leave a 4-foot wide space to allow pedestrians to walk by unimpeded.
Councilwoman Nancy McArthur asked whether there would be a problem with restaurants serving liquor on public property.
Randy Sharpe, assistant city engineer, said the city does not deal in regulating liquor. He said businesses would be required to seek an amended liquor license to serve outdoors. He said a temporary barrier is being required of every business that plans to provide outdoor dining.
Councilwoman Leslie Bednar said, if a problem arises, it becomes a police matter.
"Just as it is now," Mr. Sharpe said.
Concerns also were expressed about possible litter. Mr. King said he feared that council could over-regulate trying to cover every possible issue. He said council always could threaten to pull a license if problems do arise.
Mrs. McArthur said many of the business owners are concerned with appearances, and they also may provide the self-policing needed.
Mr. Sharpe said the legislation allows outdoor dining as an accessory use to a primary use. He said a clothing store could not seek a license for outdoor dining.
The legislation also allows restaurants on Main Street to expand the outdoor dining to the areas of adjacent businesses with the permission of those businesses.
Councilman John Mallen said that while many may envision problems, it is best to pass the legislation. He said any problems that may arise can be addressed simply by modifying the legislation.
City Law Director James Gillette said the annual registration is needed to ensure that businesses stay current with workers' compensation and insurance, which provides added protection to the city.
At the council meeting, Mrs. McArthur asked whether the new outdoor dining may affect the Geauga County Maple Festival, slated to begin in a week.
City Manager David Lelko said businesses often allow groups to set up booths or tables in front of their businesses during the festival. He said some of those booths may be lost if businesses choose instead to use it for outdoor dining. He said it was up to the business owners, not the city, how the space is used.
He said if problems would arise, the city could look to amend the legislation for next year before the festival.
[ back ]
