13-89 Amend Zoning Code adding 1113.04(b)(6)

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PLEASE SUBSTITUTE FOR ORDINANCE 13-89 placed on FIRST READING 3-20-89, and SECOND READING 4-3-89. ~ ~!'/'~ ~ i ~ ORDINANCE NO. 13-89 BY: Brown, Chinnock, Gallagher, Gazzana, George, Graham, Wendling AN ORDINANCE to amend Section 1113.04 of the ZOning Code of the Codified Ordinances of the City of Lakewood by adding new Section 1113.04(b)(6). WHEREAS, it is well determined that land use control is within the authority of municipal government and it is in the interest of all citizens that the Zoning Code be amended from time to time to reflect changes in our City as well as changes in the comprehensive plan for land use in our City, and WHEREAS, the City of Lakewood has undertaken a major revision of its comprehensive plan for land use in the Downtown Master Plan, and WHEREAS, the City of Lakewood has begun the process for a complete review of its comprehensive land use plan pursuant to the Amended Charter and Codified Ordinances of the City of Lakewood, and WHEREAS, the review of these plans and the adoption of a Downtown Master Plan and a comprehensive land use Plan for the City of Lakewood will serve as a guide for future land use development and a basis for revisions to the Zoning Code, and WHEREAS, the comprehensive land use plan provides that certain uses in order to be permitted in business or commercial districts require the granting of a special exception because of their potential detriment to neighborhoods or potential operation as a nuisance, and WHEREAS, the special exception process requires from time to time to meet changing conditions in the City fulfill the purposes, goals, and objectives set forth comprehensive land use plan, and revision and to in the WHEREAS, the preservation therefore, this ordinance constitutes a measure providing for of the public health, safety and welfare; now, BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That Chapter 1113.04 of the Zoning Code of the Codified Ordinances of the City of Lakewood be amended by the addition of new Section 1113.04(b)(6) to read as follows: (6) Convenience Food Restaurant Facilities which provide for the sale or serving of convenience food items either to customers remaining in their motor vehicles or consuming such items on the premises, or purchasing such items for consumption off the premises, with or without drive thru automotive service facilities, upon compliance with the following terms and conditions: (a) Definitions: 1. "Restaurant": a place located in a permanent building provided with space and accommodations wherein, in consideration for the payment of money, hot meals are habitually prepared, sold and served, as the principal business of the establishment. but "Convenience Foods": Items, including not limited to hamburgers, sandwiches, 1