Within mixed-use commercial or mixed-use residential districts, the city manager, or the manager’s designee, may issue a license for open air dining allowing for the service of food and beverages on private property within a designated operating area abutting an existing eating establishment under the following conditions:
(1) 
The owner of the real property on which the eating establishment is located consents in writing to the issuance of the license.
(2) 
The license application meets the standards in these SMC sections 7.910 to 7.918.
(3) 
The license applicant must obtain any other necessary state and local permits, including, but not limited to, building permits applicable to overhead structures.
(4) 
No license is required under this section for the service of food and beverages in an operating area or within a structure that has been permanently permitted under the provisions of the Springfield Development Code.
[Section 7.910 added by Ordinance No. 6444, enacted June 6, 2022]
The open air dining license shall be issued for the configuration and operating area approved in the license and cannot be expanded beyond those bounds or modified without prior approval from the city, which may require additional license application and fees. Violation of the license requirements may result in revocation of the license and/or citation under SMC sections 5.600 to 5.640.
[Section 7.912 added by Ordinance No. 6444, enacted June 6, 2022]
An applicant for an open air dining license must submit an application in the form required by the city manager including, at a minimum, the following requirements:
(1) 
A signed statement that the applicant lawfully operates an eating establishment on the real property where the license is sought, identifying the name and business address of the establishment, and identifying the owner of the real property and including owner’s consent to the license application, if different;
(2) 
A site drawing of the proposed open air dining operating location with appropriate dimensions marked showing the size, placement, and number of all structures;
(3) 
If more than 1,000 square feet of new impervious surface is proposed within the operating area, explanation of the stormwater treatment to be provided as required in SMC section 7.918(3);
(4) 
Stamped drawings of all structural components of an overhead structure, from a structural engineer, registered in the state of Oregon, including platform, decking, railing and overhead structure details;
(5) 
Any concurrent permit applications required, which may include but is not limited to building permit for overhead structures covered under the building codes; and
(6) 
A license fee fixed by resolution of the council.
[Section 7.914 added by Ordinance No. 6444, enacted June 6, 2022]
(1) 
Any license issued hereunder will be valid for a period of two years, and renewable. Renewal applications will be accompanied by a renewal fee set by resolution of the council.
(2) 
The license may be revoked, on not less than 30 days’ notice, in the event that the licensee does not adequately maintain the open air dining as required under the license.
(3) 
Any license issued shall lapse on any change of ownership of the business holding the license, unless the city approves the transfer of the license to the successor business in writing.
[Section 7.916 added by Ordinance No. 6444, enacted June 6, 2022]
The license must be consistent with the following standards:
(1) 
Operating Area Requirements. Open air dining may be approved in any of the following operating areas, on the same real property as the eating establishment:
(a) 
Private Parking Lot. Upon an existing, paved parking lot. The operating area may occupy a minimum of two contiguous parking spaces. If a premises has surplus parking spaces in excess of the minimum required parking in the Springfield Development Code, the operating area may occupy a maximum of all surplus parking spaces, excepting any ADA parking spaces.
(b) 
Interior and Rear Yards. Within interior side yards, street side yards, and rear yard areas, except in setback areas from properties or structures required by the building or fire codes or within a setback from an abutting residential land use district as specified in the Springfield Development Code.
(c) 
Along Primary Street Frontage. Along the primary street frontage of the eating establishment, provided that the operating area does not occupy more than 50% of the primary street frontage, does not detract from the overall appearance of the street frontage, and the eating establishment has not been granted a Café Seating Permit under SMC section 7.900 et seq. for the same street frontage.
(2) 
Prohibited Locations. Open air dining is not permitted in the following locations:
(a) 
Any area necessary for meeting landscaping or stormwater retention and treatment requirements under the Springfield Development Code or under a development permit issued to the subject real property;
(b) 
Within any ADA parking spaces or accessible pedestrian pathways;
(c) 
Within any driveway approaches, drive aisles, fire lanes, or designated pedestrian walkways or accessways;
(d) 
Obstructing or replacing any bicycle parking required under the Springfield Development Code;
(e) 
Obstructing, covering, or enclosing any utility boxes, storm drains, utility cover or sewer cover, stormwater catch basins, or similar infrastructure;
(f) 
Obstructing any building ingress or egress for the subject premises or any other premises.
(3) 
Site Alteration Standards and Limitations.
(a) 
Any new impervious surface greater than 1,000 square feet including previously pervious surfaces covered by a tent or other overhead structure, must provide stormwater treatment and retention consistent with best management practices described in the City of Springfield Engineering Design Standards and Procedures Manual. Any stormwater retention or treatment requirements will be reviewed in conjunction with any building permit application.
(b) 
Permanent or semi-permanent site changes made or authorized under this license (such as pavement changes to accommodate structures) must be returned to original condition upon expiration or termination of the license.
(c) 
The site is subject to all provisions of the Springfield Development Code and EDSPM that are not directly in conflict with these license regulations.
(d) 
This license does not authorize storage of any materials in operating area, including, but not limited to, storage of furniture, goods, or materials that limits or precludes use of the operating area for outdoor dining purposes.
(4) 
Overhead Structure Standards. Overhead structures in the operating area must meet the following requirements:
(a) 
Overhead structures that obstruct street signs or vision clearance areas are prohibited unless the city manager or their designee determines that obstruction of the sign by the overhead structure does not pose a safety risk to the public.
(b) 
If overhead structures are constructed in a way that requires modification, destruction, or disturbance of the parking lot surface, reconstruction of the parking lot surface is required once the structures are removed.
(c) 
Overhead structures and decking may be constructed of wood, steel, outdoor-grade fabric, metal panels, or corrugated plastic. All rigid structures require a separate building permit.
(d) 
Tents, canopies, and umbrellas consisting of outdoor-grade fabric are permitted that are properly secured and weighted, and comply with all applicable fire code requirements.
(e) 
Overhead structures, including tents, canopies, and umbrellas, must have a minimum of eight feet of clearance between their lowest point and the ground to allow for safe pedestrian circulation. Overhead structures must not project more than 16 feet above the ground at their highest point.
(f) 
Overhead structures, whether fixed or retractable, must remain in place even when they are not in use. However, soft coverings on the overhead structure, such as fabric on a canopy or tent, may be removed as long as the frame for the overhead structure remains in place. Umbrellas are exempt from this subsection and may be removed in their entirety at the discretion of the licensee.
(g) 
Seating and other elements within overhead structures must not prevent access to entries and exits of the overhead structure. In addition, seating and other elements must be arranged to allow for appropriate pedestrian circulation.
(5) 
No Storage. Nothing in this license authorizes the storage of any materials in operating area, including, but not limited to, storage of furniture, goods, or materials that limits or precludes use of the operating area for outdoor dining purposes.
(6) 
License to Be Posted. The licensee must keep posted a copy of the license within or in close proximity to the operating area, or otherwise make the license available for inspection at all times premises is open to the public.
(7) 
Penalties. Violation of the license requirements may result in revocation of the permit and/or citation under SMC sections 5.600 to 5.640.
[Section 7.919 added by Ordinance No. 6444, enacted June 6, 2022]