TA-10-12-06

ORDINANCE NO. 8061

AN ORDINANCE AMENDING THE “CODE OF THE CITY OF LAWRENCE, KANSAS, 2006 EDITION” AND AMENDMENTS THERETO, PERTAINING TO THE INCLUSION OF PRIVATE DINING AS A SPECIAL USE WITH SPECIFIC STANDARDS IN CERTAIN ZONING DISTRICTS, AMENDING SECTIONS 20-402 AND 20-1724 AND REPEALING THE EXISTING SECTIONS; AND ENACTING SECTION 20-539.

WHEREAS, after due and lawful notice and hearing, the Lawrence-Douglas County Metropolitan Planning Commission on November 15, 2006 recommended approval of the Text Amendment, TA-10-12-06, amending existing Sections 20-402 and 20-1724 and adding new Section 20-539 to the Development Code of the City of Lawrence, Kansas, (hereinafter “the Development Code”) effective July 1, 2006, regarding the inclusion of private dining as a special use with specific standards in certain districts; and

WHEREAS, after due and lawful notice the recommended text amendment to the Development Code came on for hearing before the governing body of the City of Lawrence, Douglas County, Kansas on _________, and after due consideration and deliberation the recommended change was approved.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

SECTION I.  Section 20-402 of the Code of the City of Lawrence, Kansas, 2006 Edition, is hereby amended to read as follows:

20-402.           RESIDENTIAL DISTRICT USE TABLE

Residential District Use Table
KEY:    A  =  Accessory     P = Permitted    S = Special Use          *  =  Standard Applies         –  Use not allowed		RS40		RS 20		RS 10		RS7		RS5	RS3	RSO	RM12	RM12D	RM15	RM24	RM32	RMG	RMO	Use Specific Standard
RESIDENTIAL
Household Living	Accessory Dwelling Unit	A*		A*		A*		A*		–	–	–	–	–	–	–	–	–	–	20-534
	Attached Dwelling	–		–		S*		S*		S*	S*	S*	P*	P*	P*	P*	P*	–	P*	20-503
	Cluster Dwelling	P*		P*		P*		P*		P*	P*	P*	P*	P*	P*	P*	P*	–	P*	20-702
	Detached Dwelling	P*		P*		P*		P*		P*	P*	P*	S*	S*	S*	S*	S*	–	S*	20-508
	Duplex	–		–		–		–		–	–	P*	P*	P*	P*	P*	P*	–	P*	20-503
	Manufactured Home	–		–		–		–		–	–	–	S	S	S	S	S	–	–
	Manufactured Home, Residential-Design	P*		P*		P*		P*		P*	P*	P*	S*	S*	S*	S*	S*	–	S*	20-513
	Mobile Home	–		–		–		–		–	–	–	–	–	S	S	S	–	–
	Mobile Home Park	–		–		–		–		–	–	–	–	–	S*	S*	S*	–	–	20-514
	Multi-Dwelling Structure	–		–		–		–		–	–	–	P*	–	P*	P*	P*	–	P*	20-517
	Zero Lot Line Dwelling	P*		P*		P*		P*		P*	P*	P*	P*	P*	P*	P*	P*	–	P*	20-531
	Home Occupation, Type A or B	A*		A*		A*		A*		A*	A*	A*	A*	A*	A*	A*	A*	–	A*	20-537
Group Living	Assisted Living	S		S		S		S		S	S	P	P	P	P	P	P	P	P
	Dormitory	–		–		–		–		–	–	–	–	–	–	–	–	P	–
	Fraternity or Sorority House	–		–		–		–		–	–	–	–	–	–	–	–	P	–
	Group Home, General [11 or more]	S		S		S		S		S	S	S	S	S	S	S	S	P	S
	Group Home, Limited [10 or fewer]	P		P		P		P		P	P	P	P	P	P	P	P	–	P
PUBLIC AND CIVIC
Community Facilities Community Facilities	Adult Day Care Home	S		S		S		S		S	S	P	P	P	P	P	P	P	P
	Cemeteries	P*		P*		P*		P*		P*	P*	P*	P*	P*	P*	P*	P*	–	P*	20-505
	College/University	S		S		S		S		S	S	S	S	S	S	S	S	P	S
	Cultural Center/ Library	S		S		S		S		S	S	S	S	S	S	S	S	P	S
	Day Care Center	S*/A*		S*		S*		S*		S*	S*	S*	S*	S*	S*	S*	S*	P*/A*	S*	20-507
	Day Care Home, Class A	A*		A*		A*		A*		A*	A*	A*	A*	A*	A*	A*	A*	–	A*	20-507
	Day Care Home, Class B	S*		S*		S*		S*		S*	S*	S*	S*	S*	S*	S*	S*	–	S*	20-507
	Detention	–		–		–		–		–	–	–	–	–	–	–	–	–	–
	Lodge, Fraternal & Civic Assembly	S*		S*		S*		S*		S*	S*	S*	S*	S*	S*	S*	S*	S*	S*	20-512
	Postal Service	–		–		–		–		–	–	–	–	–	–	–	–	–	–
	Public Safety	S		S		S		S		S	S	S	S	S	S	S	S	P	S
	School	S		S		S		S		S	S	S	S	S	S	S	S	P	S
	Funeral and Internment	–		–		–		–		–	–	P*	–	–	–	–	–	–	P*	20-505
	Homeless or Transient Shelter	–		–		–		–		–	–	S	–	–	–	–	–	–	S
	Soup Kitchen	–		–		–		–		–	–	S	–	–	–	–	–	–	S
	Utility, Minor	P*		P*		P*		P*		P*	P*	P*	P*	P*	P*	P*	P*	P*	P*	20-530
	Utility and Service, Major	S		S		S		S		S	S	S	S	S	S	S	S	–	S
Medical Facilities	Extended Care Facility, General	–		–		–		–		–	–	S	P	P	P	P	P	P	P
	Extended Care Facility, Limited	P		P		P		P		P	P	P	P	P	P	P	P	P	P
	Health Care Office, Health Care Clinic, Health Care Center	–		–		–		–		–	–	P	–	–	–	–	–	–	P
	Hospital	–		–		–		–		–	–	–	–	–	–	–	–	–	–
	Outpatient Care Facility	–		–		–		–		–	–	P*	–	–	–	–	–	P*	P*	20-519
Recreational Facilities	Active Recreation	S		S		S		S		S	S	S	S	S	S	S	S	–	S
	Entertainment & Spectator Sports, Gen.	–		–		–		–		–	–	–	–	–	–	–	–	–	–
	Entertainment & Spectator Sports, Ltd.	–		–		–		–		–	–	–	–	–	–	–	–	–	–
	Passive Recreation	P		P		P		P		P	P	P	P	P	P	P	P	P	P
	Nature Preserve/Undeveloped	P		P		P		P		P	P	P	P	P	P	P	P	–	P
	Private Recreation	P		P		P		P		P	P	P	P	P	P	P	P	–	P
	Participant Sports & Recreation, Indoor	–		–		–		–		–	–	–	–	–	–	–	–	–	–
	Participant Sports & Recreation, Outdoor	–		–		–		–		–	–	–	–	–	–	–	–	–	–
Religious Assembly	Campus or Community Institution	–		–		–		–		–	–	–	P*	P*	P*	P*	P*	P*	P*	20-522
	Neighborhood Institution	P*		P*		P*		P*		P*	P*	P*	P*	P*	P*	P*	P*	P*	P*	20-522
COMMERCIAL
Animal Services	Kennel	–		–		–		–		–	–	–	–	–	–	–	–	–	–
	Livestock Sale	–		–		–		–		–	–	–	–	–	–	–	–	–	–
	Sales and Grooming	–		–		–		–		–	–	–	–	–	–	–	–	–	–
	Veterinary	–		–		–		–		–	–	P	–	–	–	–	–	–	P
Eating & Drinking Establishments	Accessory Bar	–		–		–		–		–	–	–	–	–	–	–	–	–	–
	Bar or Lounge	–		–		–		–		–	–	–	–	–	–	–	–	–	–
	Brewpub	–		–		–		–		–	–	–	–	–	–	–	–	–	–
	Fast Order Food	–		–		–		–		–	–	–	–	–	–	–	–	–	–
	Fast Order Food,  Drive-in	–		–		–		–		–	–	–	–	–	–	–	–	–	–
	Nightclub	–		–		–		–		–	–	–	–	–	–	–	–	–	–
	Restaurant, High-turnover	–		–		–		–		–	–	–	–	–	–	–	–	–	–
	Restaurant, Quality	–		–		–		–		–	–	–	–	–	–	–	–	–	–
	Private Dining Establishment	S*		S*		S*		S*		S*	–	S*	–	–	–	–	–	–	S*	20-539
Office	Administrative and Professional	–		–		–		–		–	–	P*	–	–	–	–	–	P*	P*	20-518
	Financial, Insurance & Real Estate (F.I.R.E.) Services	–		–		–		–		–	–	P*	–	–	–	–	–	P*	P*	20-510
	Other	–		–		–		–		–	–	P*	–	–	–	–	–	P*	P*	20-510
Parking Facilities	Accessory	–		–		–		–		–	A*	A*	A*	A*	A*	A*	A*	A*	A*	20-535
	Commercial	–		–		–		–		–	–	S	–	–	–	–	–		–
Retail Sales & Service	Building Maintenance	–		–		–		–		–	–	–	–	–	–	–	–	–	–
	Business Equipment	–		–		–		–		–	–	–	–	–	–	–	–	–	–
	Business Support	–		–		–		–		–	–	–	–	–	–	–	–	–	–
	Communications	–		–		–		–		–	–	–	–	–	–	–	–	–	–
	Construction Sales and Service	–		–		–		–		–	–	–	–	–	–	–	–	–	–
	Food and Beverage	–		–		–		–		–	–	–	–	–	–	–	–	–	–
	Mixed Media Store	–		–		–		–		–	–	–	–	–	–	–	–	–	–
	Personal Convenience	–		–		–		–		–	–	–	–	–	–	–	–	–	–
	Personal Improvement	–		–		–		–		–	–	P*	–	–	–	–	–	P*	P*	20-521
	Repair Service, Consumer	–		–		–		–		–	–	P	–	–	–	–	–	–	–
	Retail Sales, General	–		–		–		–		–	–	P	–	–	–	–	–	–	–
	Retail Establishment, Large	–		–		–		–		–	–	–	–	–	–	–	–	–	–
	Retail Establishment, Medium	–		–		–		–		–	–	–	–	–	–	–	–	–	–
	Retail Establishment, Specialty	–		–		–		–		–	–	–	–	–	–	–	–	–	–
Sexually Oriented Bus. Sexually Oriented Business	Sexually Oriented Media Store	–		–		–		–		–	–	–	–	–	–	–	–	–	–
	Physical Sexually Oriented Business	–		–		–		–		–	–	–	–	–	–	–	–	–	–
	Sex Shop	–		–		–		–		–	–	–	–	–	–	–	–	–	–
	Sexually Oriented Theater	–		–		–		–		–	–	–	–	–	–	–	–	–	–
Transient Accommodations	Bed and Breakfast	S*		S*		S*		S*		S*	S*	S*	S*	S*	S*	P*	P*	–	P*	20-504
	Campground	–		–		–		–		–	–	–	–	–	–	–	–	–	–
	Elderhostel	–		–		–		–		–	–	–	–	–	–	–	–	S	–
	Hotel, Motel, Extended Stay	–		–		–		–		–	–	–	–	–	–	–	–	–	–
Vehicle Sales & Service	Cleaning (e.g., car wash)	–		–		–		–		–	–	–	–	–	–	–	–	–	–
	Fleet Storage	–		–		–		–		–	–	–	–	–	–	–	–	–	–
	Gas and Fuel Sales	–		–		–		–		–	–	–	–	–	–	–	–	–	–
	Heavy Equipment Repair	–		–		–		–		–	–	–	–	–	–	–	–	–	–
	Heavy Equipment Sales	–		–		–		–		–	–	–	–	–	–	–	–	–	–
	Inoperable Vehicles Storage	–		–		–		–		–	–	–	–	–	–	–	–	–	–
	Light Equipment Repair	–		–		–		–		–	–	–	–	–	–	–	–	–	–
	Light Equipment Sales/Rental	–		–		–		–		–	–	–	–	–	–	–	–	–	–
	RV and Boats Storage	–		–		–		–		–	–	–	–	–	–	–	–	–	–
INDUSTRIAL
Industrial Facilities	Explosive Storage	–		–		–		–		–	–	–	–	–	–	–	–	–	–
	Industrial, General	–		–		–		–		–	–	–	–	–	–	–	–	–	–
	Industrial, Intensive	–		–		–		–		–	–	–	–	–	–	–	–	–	–
	Laundry Service	–		–		–		–		–	–	–	–	–	–	–	–	–	–
	Manufacturing & Prod., Limited	–		–		–		–		–	–	–	–	–	–	–	–	–	–
	Manufacturing & Prod., Technological	–		–		–		–		–	–	–	–	–	–	–	–	–	–
	Research Service	–		–		–		–		–	–	–	–	–	–	–	–	–	–
	Salvage Operation	–		–		–		–		–	–	–	–	–	–	–	–	–	–
Wholesale, Storage, & Distribution	Heavy	–		–		–		–		–	–	–	–	–	–	–	–	–	–
	Light	–		–		–		–		–	–	–	–	–	–	–	–	–	–
	Mini-Warehouse	–		–		–		–		–	–	–	–	–	–	–	–	–	–
OTHER
Adaptive Reuse	Designated Historic Property	S*		S*		S*		S*		S*	S*	S*	S*	S*	S*	S*	S*	S*	S*	20-501
	Greek Housing Unit	–		–		–		–		–	–	–	–	–	–	–	–	S*	–	20-501
Agriculture	Agricultural Sales	–		–		–		–		–	–	–	–	–	–	–	–	–	–
	Agriculture, Animal Husbandry	P*		―		–		–		–	–	–	–	–	–	–	–	–	–	20-502
	Agriculture, Crop	P		P		P		P		P	P	P	P	P	P	P	P	–	P
Communications Facilities	Amateur and Receive-Only Antennas	A*		A*		A*		A*		A*	A*	A*	A*	A*	A*	A*	A*	–	A*	20-536
	Broadcasting Tower	–		–		–		–		–	–	–	–	–	–	–	–	–	–
	Communications Service Establish.	–		–		–		–		–	–	P*	–	–	–	–	–	–	P*	20-506
	Telecommunications Facilities:
	Telecommunications  Antenna		A*		A*		A*		A*	A*	A*	A*	A*	A*	A*	A*	A*	A*	A*	20-529
	Telecommunications  Tower		S*		S*		S*		S*	S*	S*	S*	S*	S*	S*	S*	S*	S*	S*	20-529
	Satellite Dish		A*		A*		A*		A*	A*	A*	A*	A*	A*	A*	A*	A*	A*	A*	20-536
Mining	Mining		–		–		–		–	–	–	–	–	–	–	–	–	–	–
Recycling Facilities	Large Collection		–		–		–		–	–	–	–	–	–	–	–	–	–	–
	Small Collection		–		–		–		–	–	–	–	–	–	–	–	–	–	–
	Processing Center		–		–		–		–	–	–	–	–	–	–	–	–	–	–

SECTION II.  Section 20-539 is hereby enacted to the Code of the City of Lawrence, Kansas, 2006 Edition, and shall read as follows:

20-539 GENERAL STANDARDS FOR PRIVATE DINING ESTABLISHMENTS

 (1)    The operation of a Private Dining Establishment in certain RS, RSO and RMO Districts shall be limited to

(i)     Service to no more than 30 guests per seating.

(ii)     One seating per service day.

(iii)    5 service days in a standard 7-day week.

(iv)    Service shall be provided to the general public by reservation only.

 (v)    Shall be located in mixed-use neighborhoods.

(vi)    No drive-in, drive-through or carry-out facilities are permitted.

(vii)   The service of beverages may include alcoholic beverages subject to approval of a City Liquor License.

(viii)  The Planning Commission and City Commission have the discretion to place additional restrictions upon the use or the site based upon the Review and Decision-Making Criteria set forth in Section 20-1306(i), but shall not be precluded from consideration of other factors which may be relevant to a particular application including but not limited to hours of operation, lighting and noise.

(2)     Off-street Parking

(i)     Principal Residential Use

Off-street parking shall be provided in accordance with the applicable provisions of Article 9 of Chapter 20 of the Land Development Code for the primary use as a residence.

(ii)     Accessory Private Dining Use

The Planning Commission and City Commission shall have the discretion to adjust the amount of parking required and/or the permitted location and site design of off-street parking facilities dedicated to Private Dining uses as a condition of Special Use Permit approval.

(iii)    Standards for the Location of Off-Street Parking

Off-street parking shall be provided in such a way as to maintain the residential pattern and character of the neighborhood in which the use is proposed to occur.

(3)     Site-Related Standards

(i)     Owner-Occupancy Required

A Private Dining use shall be accessory to an owner-occupied principal residential use.

(ii)     Location

a.      The use shall be contained in neighborhoods that include Mixed Use lots, tracts, parcels, or buildings or structures as the term mixed use is defined in Section 20-1701. Neighborhoods which are predominantly single-dwelling residential in nature shall not be considered for private dining uses.  The use shall be contained within or adjacent to blocks with non-residential uses in a neighborhood with mixed uses or zoning districts.

b.      The Use shall have direct access to a pubic street or right-of-way. Use shall not be allowed on private streets.

The use shall be compatible with and maintain the character of the neighborhood.

(iii)    Screening

a.      The Planning Commission shall have discretion to require landscaping and screening as deemed necessary given the operational,  neighborhood and site characteristics for the use as a condition of Special Use Permit approval.

(iv)    Appearance

a.      The exterior of the residence shall remain consistent with the primary function as a dwelling unit.

b.      No exterior signage or advertising material permitted in residential districts.

(v)     Operating Characteristics

a. The Planning Commission and City Commission shall have the discretion to determine if serving and consumption of any food and/or beverage may occur outdoors

Section III. Section 20-1724 of the Code of the City of Lawrence, Kansas, 2006 Edition,  is hereby amended to read as follows:

20-1724           EATING AND DRINKING ESTABLISHMENTS

Sale of prepared food and beverages for on- and off-Premises consumption. The following are eating and drinking establishment use types:

(1) Accessory Restaurant

An accessory restaurant is not required to be separated by a permanent wall from the Principal Use to which it is accessory, and generally shares one or more entrances, as well as restrooms, coatrooms and other facilities, with the restaurant.  No sales of alcoholic beverages shall be permitted.  Accessory restaurants include, but are not limited to, snack bars, school cafeterias, and supermarket delicatessens.

(2) Accessory Bar

An accessory bar is a part of a quality restaurant or high turnover restaurant offering alcoholic beverages.  An accessory bar is not separated by a permanent wall from the restaurant to which it is accessory, and generally shares one or more entrances, as well as restrooms, coatrooms and other facilities, with the restaurant.  An establishment with an accessory bar will generally characterize itself in its signs, advertising and other promotions as a restaurant or food-service establishment rather than as a bar.

(3) Bar or Lounge

An establishment that may include food service but that emphasizes the service of alcoholic beverages for consumption on the Premises.  Any establishment generating more than 45% of its gross revenues from alcoholic beverages (on a weekly average) shall be deemed to be a bar and not a restaurant. 

(4) Brewpub

A bar or accessory bar in a restaurant that manufactures up to 5,000 barrels of fermented malt beverages per year on Premises for either consumption on Premises in hand-capped or sealed containers in quantities up to one-half barrel or 15 and one-half gallons sold directly to the consumer.

(5) Nightclub

An establishment that may or may not serve alcoholic beverages for on-Premises consumption and that offers live entertainment, which may be amplified, and/or music for dancing by patrons.  A nightclub may also offer food service.

(6) Fast Order Food

An establishment whose primary business is the sale of food: a) primarily intended for immediate consumption; b) available within a short waiting time; and c) packaged or presented in such a manner that it can be readily eaten outside the Premises where it is sold. This use category includes both establishments that have seating areas for consumption of prepared food on the Premises and those that provide food only for consumption off the Premises; this category does not include drive-in fast order food establishments.

 (7) Fast Order Food, Drive-In

Sale of food directly to patrons in motor vehicles or to patrons that intend to use the motor vehicle as an eating area. Typically, this use is either dependent on a long Driveway that provides adequate room for vehicle stacking at a drive-up service window or on a Parking Area near a walk-up service window.  This use category includes uses commonly called “drive-ins” or “drive-in restaurants,” “drive-up restaurants,” “drive-through food or beverage stands,” and restaurants with “drive-through” facilities.  If a fast-food establishment has both seating areas inside the establishment and drive-up or drive-through facilities, it shall be considered Fast Order Food, Drive-In for use purposes; Parking standards, however, shall consider the inside dining area.  

(8) Restaurant, Quality

An eating establishment where the principal business is the dispensing and consumption of prepared foods and/or beverage at tables, not including bars, brewpubs or nightclubs.  Table service by food & beverage servers is available at “quality restaurants”.

(9) Private Dining Establishment

A dining establishment where the principal business is the dispensing and consumption of prepared foods and/or beverages at tables.  A private dining establishment is differentiated form other Eating and Drinking Establishments on the basis that it is open to guests by invitation only and/or to the general public by reservation only and seats no more than 30 guests at once.  Typically, table service is provided by food and beverage servers.   

SECTION IV.  Existing Sections 20-402 and 20-1749 of the Code of the City of Lawrence 2006, Edition are hereby repealed, it being the intent of this ordinance that its provisions be substituted in place thereof from and after its passage and publication as provided by law.

SECTION V.  This ordinance shall be in full force and effect from and after its passage and publication as provided by law.

PASSED by the Governing Body of the City of Lawrence, Kansas, the _____ day of _________ 2007.

APPROVED:

_________________________________

MIKE AMYX, Mayor

ATTEST:

__________________________________

Frank S. Reeb, City Clerk

APPROVED AS TO FORM AND LEGALITY:           

___________________________________          

Toni Ramirez Wheeler                       Date            

Interim Director of Legal Services