90-04 Amend 1161 - Conditional Uses - Zoning

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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 district 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 served and consumed; (9) The outdoor dining facility shall be limited to seating only, and shall not include table bussing facilities, cooking facilities, outdoor bar facilities, trash facilities, or other similar facilities; (10) Beverages may be served in outdoor dining facilities only if the following conditions are met: (A) Such beverages are served as part of the service of food and meals; (B) Beverages shall not be served in cans or glass bottles so as to protect adjacent property owners from excessive litter and trash; (C) Alcoholic beverages as permitted by the State of Ohio Liquor Board. (11) Outdoor dining facilities shall operate only between the hours of 11:00 a.m. and 10:00 p.m. Sunday through Thursday, 11:00 a.m. and midnight Friday and Saturday, only between the months of April through October inclusive. The limitations are to assure adequate peace, quiet and serenity in the evening and morning hours during which residents of the Oly are entitled to enjoy a period of rest and relaxation without intrusion from the possibilities of excessive noise and activity in adjacent areas; (12) Any approval, if granted, for outside entertainment, whether by band, orchestra, instrument, musician, singer, radio, television, loudspeaker, microphone, recital or any other individual, group or mechanical device shall only be permitted in an outside dining facility pursuant to Chapter 515 of the Ordinances of the City. The Commission may prohibit or provide for other restrictions and conditions related to such entertainment as it deems necessary to protect the surrounding neighbothood; (13) A Conditional Use Pennit issued pursuant to subsection 1161.03(t) shall expire twelve (12) months after the date of issuance. (Ord. 145.02. Passed 11-18'02) Notwithstanding anything in this Chapter or this Section to the contrary, where the Commissioner determines, after compliance with the requirements of Section 1173.02, that a permit holder seeking renewal of a permit issued pursuant to this Section has remained in compliance with the conditions of said permit, the Commissioner may issue such renewal. shall be and the same is hereby amended to read as follows: (t) OutdoorlSeasonal Dinino Facilitv. In the C1 Office, C2 Retail, C3 General Business, and C4 Public School District, an outdoorlseasonal 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/seasonal dining facility and any walkway connecting such facility with the restaurant, bar, tavern or nightclub proper, the parking iot or any sidewalk shall be constructed of an approved hard surface material; (2) For purposes of determining off-street parking requirements, the outdoorlseasonai dining facility shall be considered additionai 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/seasonal dining facility shall conform to the design requirements set forth in Chapter 1325 of the Building Code and be approved by the Architectural Board of Review; (4) lighting of outdoor/seasonal dining facilities, 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/seasonal dining facility shall be located in the required setback as estabiished on the Building Line Map; (6) A landscaped buffer area of not iess 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 outdoorlseasonal dining facility adjacent to a resldentiai 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; 20f4