MOTION MADE BY: DUFFY MOTION SECONDED BY: DITTRICH AN ORDINANCE TO AMEND THE CITY OF NEW BALTIMORE CODE OF ORDINANCES, CHAPTER 60, SECTIONS 60-230 AND 60-312, TO PROVIDE FOR DEFINITION OF “OUTDOOR CAFES,” REVIEW, APPROVAL, AND MINIMUM REQUIREMENTS, AND TO PROVIDE FOR REPEALER, SEVERABILITY, AND EFFECTIVE DATE. CITY OF NEW BALTIMORE MACOMB COUNTY, MICHIGAN ORDINANCE NO. 269-A THE CITY OF NEW BALTIMORE ORDAINS: Section 1. Chapter 60, Section 60-230, Outdoor Cafes (on-site and off-site), is hereby amended by repealing the current section in its entirety and replacing it to provide, as follows: Sec. 60-230. – Outdoor Cafes (On-site and Off-site) (a) Outdoor cafes may be permitted subject to annual review and approval by the City Council, after recommendation from the Planning Commission. (1) The following information is required to be submitted: a. Name, address, and contact information of applicant and the business. b. Name, address, and contact information of the property owner if different from the applicant. c. Proposed dates and times of use. d. Proposed area of occupancy, including square feet and dimensions. e. Proposed number of tables, chairs, railings, posts, table umbrellas, or other items in the outdoor seating area. f. If alcohol is served, a copy of a Michigan Liquor Control License authorizing the use is required. g. A copy of a current comprehensive commercial liability policy and a liquor liability policy naming the City as an additional insured. h. A dimensioned drawing, indicating the location of the outdoor seating area and other items such as, but not limited to, planters, landscaping, railings, tables, table chairs, table umbrellas, any electrical outlets or appliances, hydrants, all ingress and egress, existing lighting and other equipment. (b) Outdoor cafes must meet the following minimum requirements: (1) An outdoor cafe shall be permitted annually from March 15 to November 15. (2) At least five (5) feet of unobstructed space between the building and the street must be maintained for pedestrian traffic (3) An unobstructed clearance of five (5) feet must be obtained between a fire hydrant and any furniture or fixtures related to outdoor dining. The Planning Commission may increase this distance if deemed necessary for public safety. (4) Outdoor seating shall only be permitted where it is determined that the use will not create a hazard or a sight distance obstruction for motor vehicle operators or unduly impede pedestrian traffic. (5) Tall tables and tall seating for tables shall not be permitted in the public right-of-way. As used in this section, a "tall table" is defined as any table with a table-top surface higher than 32 inches above the ground, and "tall seating" is defined as chairs, seats, stools or benches designed or intended for use with tall tables. (6) The maintenance of an outdoor cafe shall be the establishment's responsibility, including, but not limited to, surface treatment and cleaning, litter control, sweeping, and snow and ice removal. The sidewalk and public property shall always be kept neat and clean and free from any substance that may cause damage to the sidewalk or public property or cause pedestrian injury. (7) Each establishment shall be responsible for providing appropriate garbage or waste disposal containers and shall not use City trash containers for disposal. (8) Outdoor cafes may only be located adjacent to the establishment with which they are associated. (9) The perimeter of the outdoor café, if required, shall be delineated by setting up a physical barrier, such as decorative planters, walls (on private property), or a decorative railing to physically separate café patrons from pedestrian traffic. The outdoor dining café railing shall be at least 30 inches and not more than 36 inches high. The café railing shall be constructed of decorative material such as black or silver metal, wrought iron, or similar quality materials that are durable and in keeping with the aesthetic qualities of the district. (10) All barriers used for outdoor cafes serving alcohol shall conform to Michigan Liquor Control Commission regulations. (11) Furnishings shall consist solely of readily removable awnings, umbrellas, railings (on public property), tables, chairs, and planters containing plants (on public property). Furnishings may not be attached, even temporarily, to other public property, except that covers and railings may be secured using flush-mounted anchors in a manner to be approved by the Planning Commission. No objects that are part of an outdoor café, except lighting fixtures, railing, awning, or other non-permanent covers, may be attached, even temporarily, to any building or structure on which the outdoor café abuts. When the associated establishment and the outdoor café are not open for daily use, all furnishings and fixtures shall be removed from public property or stored in an approved manner, which shall not cause a public hazard. (12) No later than November 15 of each year, all furnishings and fixtures shall be removed from public property or stored in an approved manner, which shall not cause a public hazard. (13) Operation of a sidewalk cafe or outdoor seating shall not adversely impact adjacent properties and shall comply with all applicable codes and regulations. (14) Any increase in lighting, signage, or music is prohibited unless otherwise approved through the review process. (15) The Planning Commission may modify the above requirements to accommodate a site's unique conditions. (16) An outdoor café permit is valid for three (3) year, provided the conditions of approval remain unchanged. The City Council shall set forth a permit fee via resolution. Section 2. Chapter 60, Section 60-312, Definitions, is hereby amended to add the following definition and place it in alphabetical order within that section, as follows: Outdoor Cafe — An outdoor dining area operated by an existing restaurant or other food establishment that sells food, beverages, or alcoholic beverages for immediate consumption, located on a public sidewalk or other public property, which is public through dedication, easement, or public right-of-way that provides waiter, waitress service or counter service and contains readily removable tables, chairs, railings, or planters. Section 3. Repealer. All ordinances or parts of ordinances in conflict herewith are repealed only to the extent necessary to give this ordinance full force and effect. Section 4. Severability. Should any article, section, subsection, sentence, clause, phrase or portion of this Ordinance be held invalid, or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not effect the validity of the remaining portions of this Ordinance, it being the intent of the City that this Ordinance shall be fully severable. Section 5. Effective Date. This Ordinance shall be published following adoption and shall be effective twenty (20) days from the date of adoption. AYES: 5 NAYS: 0 ABSENT: 1 ____________________________________ Thomas Semaan, Mayor Attested: ______________________________ Marcella Shinska, City Clerk CERTIFICATION OF CLERK I, Marcella Shinska, City Clerk of the City of New Baltimore, Macomb County, Michigan, do hereby certify that Ordinance No. 269 was adopted by the City Council of New Baltimore, assembled in regular session on August 25, 2025. Said Ordinance was posted in the following places: Notice of said posting was published in The Macomb Daily on 15TH, OF JANUARY, 2026 _______________________________ Marcella Shinska, City Clerk CITY COUNCIL ADOPTION DATE: 8-25-2025 PUBLICATION DATE FOLLOIWNG ADOPTION: JANUARY 16, 2026