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<br />PLACED ON 1ST READING & REFERRED TO THE COMMITTEE
<br />OF THE WHOLE 10-4-04. PLACED ON 2ND READING
<br />10/18/04.
<br />
<br />ORDINANCE NO: 90-04
<br />
<br />BY: Corrigan, Demro, Dever, Dunn,
<br />FitzGerald, Madigan, Seelie.
<br />
<br />AN ORDINANCE to amend Chapter 1161 - Conditional Uses- of the Zoni~g Code of the Codified
<br />Ordinances of the City of Lakewood.
<br />
<br />WHEREAS, the amendments to the Zoning Code promotes the development of and protects existing
<br />residential uses found throughout the City thereby protecting property values; and
<br />
<br />WHEREAS, the amendments to the Z:oning Code encourages the orderiy development and retention of
<br />commercial uses in a manner consistent with the Community Vision.
<br />
<br />NOW THEREFORE BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO:
<br />
<br />Section 1. That existing Subsection 1161.03(n), Professional, Medical, and General Business
<br />Offices, of the Codified Ordinances of the City of Lakewood, now reading respectively as follows:
<br />
<br />(n) Professional, Medical, and General Business Offices. In an ML Multiple-Family, Low
<br />Density, District or MH Multiple-Family, High Density, District, a professional, medical, or
<br />general business office may be permitted as a conditional use provided that:
<br />(1) the proposed use replaces an existing non-conforming use and is determined by the
<br />Commission to be a higher use than the existing non-conforming use being vacated;
<br />(2) the proposed use is located only on the ground fioor of the building;
<br />(3) no variances are required to accommodate the proposed use; and
<br />(4) the required off-street parking for all occupancies is available on the same parcel.
<br />
<br />shall be and the same is hereby amended to read as follows:
<br />
<br />(n) Professional. Medical, and General Business Offices. In an ML Multiple-
<br />Family, Low Density, District or MH Muitiple-Family, High Density, District, a
<br />professional, medical, or general business office may be permitted as a conditional
<br />use provided that:
<br />(1) the proposed use replaces a use determined by the Commission to be a higher
<br />use than the existing use being vacated;
<br />(2) the proposed use is iocated only on the ground fioor of the building;
<br />(3) no variances are required to accommodate the proposed use; and
<br />(4) the required off"street parking for all occupancies is available on the same
<br />parcel.
<br />
<br />Section 2. That existing Subsection 1161.03(t), Supplementai Regulations for Specific Uses, of
<br />the Codified Ordinances of the City of Lakewood, now reading respectively as follows:
<br />
<br />(0) Outdoor Dinino Facilitv. In the C1 Office, C2 Retail and C3 General business Districts, an outdoor
<br />dining facility may be permitted as a conditionally permitted accessory use subject to all or any of the
<br />following:
<br />
<br />(1) The floor space of any outdoor dining facility and any walkway connecting such facility with
<br />the restaurant, bar, tavern or nightclub proper, the parking lot or any sidewalk shall be
<br />constructed of an approved hard surface material;
<br />(2) For 'purposes of determining off-street parking requirements, the outdoor dining facility shall
<br />be considered additional seating capacity. Off-street parking spaces to serve the additional
<br />capacity shall be provided pursuant to Chapter 1143;
<br />(3) Any modifications necessary to an existing parking lot for the construction of an outdoor
<br />dining facility shall conform to the design requirements set forth in Chapter 1325 of the
<br />Building Code and be approved by the Architectural Board of Review;
<br />(4) Lighting of outdoor dining facilities, which shall be provided, is approved by the Architectural
<br />Board of Review pursuant to Chapter 1325 of the Building COde, and such design shall
<br />minimize the intrusive effect of glare and illumination upon any abutting areas, especially-
<br />residential;
<br />(5) No outdoor dining facility shall be located in the required setback as established on the
<br />Building Line Map;
<br />(6) A landscaped buffer area of not less than ten (10) feet in depth shall be placed where such
<br />use abuts a residential district, use, or public right-of-way, Chapter 1141 notwithstanding"
<br />The landscaping shall be continuously maintained and promptly restored, if necessary¡
<br />(7) Any outdoor dining facility adjacent to a residential district and/or use shall be enclosed with a
<br />six (6) foot high solid fence along such abutting property lines and be approved by the
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