145-02 1161 Zoning - Conditional Uses - Outdoor Dining

Home Browse Search

ORDINANCE NO: 145-02 BY: Corrigan, Dunn, FitzGerald, George, Roth, Seelie, Skindell. AN ORDINANCE to amend Chapter 1161 - Conditional Uses- of the Zoning Code of the Codified Ordinances of the City of Lakewood to include Outdoor Dining Facilities. 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 V/s/on. NOW THEREFORE BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That new Subsection 1161.03(t), Outdoor Dining Facility, is hereby enacted to read as follows: (t) Outdoor Dininq Facility. In the C1 Office, C2 Retail and C3 General business Districts, an outdoor dining facility may be permitted as a conditionally permitted accessory use subject to all or any of the following: (1) The floor space of any outdoor dining facility and any walkway connecting such facility with the restaurant, bar, tavern or nightclub proper, the parking lot or any sidewalk shall be constructed of an approved hard surface material; (2) For purposes of determining off-street parking requirements, the outdoor dining facility shall be considered additional seating capacity. Off-street parking spaces to serve the additional capacity shall be provided pursuant to Chapter 1143; (3) Any modifications necessary to an existing parking lot for the construction of an outdoor dining facility shall conform to the design requirements set forth in Chapter 1325 of the Building Code and be approved by the Architectural Board efReview; (4) Lighting of outdoor dining fadlities, which shall be provided, is approved by the Architectural Board of Review pursuant to Chapter 1325 of the Building Code, and such design shall minimize the intrusive effect of glare and illumination upon any abutting areas, especially residential; (5) No outdoor dining facility shall be located in the required setback as established on the Building Une Map; (6) A landscaped buffer area of not less than ten (10) feet in depth shall be placed where such use abuts a residential district, use, or public right-of-way, Chapter 1141 notwithstanding. The landscaping shall be continuously maintained and promptly restored, if necessary; (7) Any outdoor dining facility adjacent to a residential district and/or use shall be enclosed with a six (6) foot high solid fence along such abutting property lines and be approved by the Architectural Board of Review pursuant to Chapter 1325. Such fence may be increased in height where the Commission deems necessary and be approved by the Board pursuant to Chapter 1153; (8) Where the outdoor dining facility abuts a public right of way, commercial distdct or use the outdoor dining facility shall be enclosed with an open type decorative fence as approved by the Chief of Police. Said fence shall not be less than thirty-six inches in height. Said fence shall allow access as required by the Building Code and ADA, clearly designating the area where food and/or beverages shall be permitted to be sewed and consumed; 1 of 2