40-00 Amend Zoning Code - 24-Hour Operation

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Please substitute for Ordinance No. 40-00 placed on first reading and referred to Rules & Ordinance Committee on 6-19-00, placed on second reading 7-3-00 ORDINANCE NO: 40-00 BY: Corrigan, FitzGerald, George, Roth, Seelie, Skindell. AN ORDINANCE to amend the Zoning Code of the Codified O~inances of the City of Lakewood. WHEREAS, the amendments to the Zoning Code promotes the development of and protects existing residential uses found throughout the City thereby protecting property values; and WHEREAS, the amendments to the Zoning Code encourages the orderly development and retention of commercial uses in a manner consistent with the Community Vision; now, therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That the existing Section 1129 of the Codified Ordinances of the City of Lakewood be amended by enactment of new Section .14 to read as follows: 1129.14 SUPPLEMENTAL REGULATZONS FOR 24-HOUR OPERATTON (a) 24-Hour Operation - means a store or any other place of business operating consecutively for twenty-four (24) hours. (b) Any store or other place of business, including but not limited to all permitted or conditionally permitted uses in the C1 Office, C2 Retail, and C3 General Business Districts outlined in Section 1129.02 herein, having an entrance, exit, parking lot, loading dock, trash enclosure, or show window within 250 feet of any single-family, two-family, or multiple-family residential district, shall only be permitted 24-hour operation as a conditionally permitted use. (c) Any store or other place of business which is subject to regulation pursuant to subsection (a) above and is also operating under a valid permit to sell or serve alcoholic beverages, as issued by the State of Ohio pursuant to title 43 of the Ohio Revised Code, shall be exempt from the provisions .of this Chapter only to the extent necessary to avoid conflict between the regulations herein and State law governing such liquor permit holders, provided further that nothing in the provisions of the Chapter shall be construed to sanction or permit the sale or service of alcoholic beverages in violation of State law. (d) For purposes of this Chapter, the terms "store or other place of business" shall not be construed to include hospitals and emergency medical centers, regardless of their location in relation to any residential district, and are therefore exempt from the provisions of this Chapter. (e) A conditionally permitted 24-hour operation shall comply with the regulations set forth within this Chapter and those in Chapter 1161, Section 1173.02 and Chapter 772 of the Ordinances. (0 When a request for a conditional use is applied for 'under the provisions of this Section, notice indicating the time, place and subject of the Planning Commission public hearing held pursuant to subsection 1171.03(f) shall be sent by regular mail to the owners of all properties within a minimum of a 500 foot radius of the subject property. Such conditional use request shall also be subject to the notice procedures as set forth in subsection 1173.02(c). 1 of 3