114-83 Amend 741.071 - Business - selling from front yard

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ORDINANCE NO. 114-83 BY: Brown, Gallagher, Graham, McBride, Salmon, Wendling AN EMERGENCY ORDINANCE to amend Section 741.071 of the Business Regula- tion Code of the Codified Ordinances of the City of Lakewood. WHEREAS, we have adopted 741.071 prohibiting the display for sale of household goods and furnishings from front yards and front porches or non-retail occupancies, and WHEREAS, it appears that under special circumstances and conditions the prohibition of 741.071 would bar some citizens from sale of household goods, and apply for yard, and WHEREAS, special this ordinance would create circumstances whereby one could license to have a household sale in areas other than a rear WHEREAS, this ordinance constitutes an emergency measure providing for the immediate preservation of the public health, safety and welfare and for the usual daily operation of a municipal department; now, therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That Section 741.071 of the Business Regulation Code of the Codified Ordinances of the City of Lakewood, now reading as follows: 741.071 DISPLAY FOR SALE OF HOUSEHOLD GOODS AND FURNISHINGS FROM NON-RETAIL OCCUPANCIES. No person shall display for sale, any household goods, furnishings or personal effects, including clothing, in any area of non-retail occupied premises upon which said goods are displayed other than from the rear yard as defined in Section 1101.37 of the zoning Code and/or the garage, if any, situated thereon. shall be and the same is hereby amended to read as follows: 741.071 DISPLAY FOR SALE OF HOUSEHOLD GOODS AND FURNISHINGS FROM NON-RETAIL OCCUPANCIES. (a) No person shall display for sale, any household goods, furnish- ings or personal effects, including clothing, in any area of non- retail occupied premises upon which said goods are displayed other than from the rear yard as defined in Section 1101.37 of the Zoning Code and/or the garage, if any, situated thereon. (b) Under circumstances where it is shown that the premises occupied has no rear yard or a rear yard where in the judgment of the Building ~ommissioner, it would be impractical or impossible to have a yard sale, a special permit may be issued by said Commissioner allowing the sale in the side or front yard as he in his sole discretion may desiqnate. Section 2. It is found and determined that all formal actions of this Council concerning and relating to the passage of this ordinance were adopted in an open meeting of this Council, and that all such deliberations of this Council and of any of its committees that resulted in such formal action were in meetings open to the public, in compliance with all legal requirements including Section 121.22 of the Ohio Revised Code.