90-04 Amend 1161 - Conditional Uses - Zoning

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(8) Where the outdoor/seasonal 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 andlor beverages shall be permitted to be selVed and consumed; (9) The outdoor/seasonal 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 selVed in outdoor/seasonal dining facilities only If the following conditions are met: (A) Such beverages are served as part of the selVice 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) Aicoholic beverages as permitted by the State of Ohio Liquor Board. (11) Outdoorlseasonal dining facilities shall operate oniy between the hours of 11:00 a.m. and 10:00 p.m. Sunday through Thursday, 11:00 a.m. Friday to 1:00 a.m. Saturday and 11:00 a.m. Saturday to 1:00 a.m. Sunday, 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 Gl)'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 mechanicai device shall only be permitted'¡n an outdoor/seasonal dining facility pursuant to Chapter 515 of the Ordinances of the City. The Commission may prohibit or provide for other restrictions and conditions reiated to such entertainment as it deems necessary to protect the surrounding neighborhood; (13) A Conditional Use Permit issued pursuant to subsection 1161.03(t) shall expire twelve (12) months after the date of issuance. (14) 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. Section 3. That existing Subsection 1161.03(u), Supplemental Regulations for Specific Uses, of the Codified Ordinances of the City of Lakewood, now reading respectively as follows: (u) 24-Hour ODeration. 1n the C1 Office District, C2 Retail District and C3 General Business District, a 24-hour operation may be permitted as a conditionally permitted use subject to all or any of the following: shall be and the same is hereby amended to read as follows: (v) 24-Hour ODeration. In the C1 Office District, C2 Retail District, C3 General Business District, and C4 Public .Schooi District, a 24-hour operation may be permitted as a conditionally permitted use subject to all or any of the following: Section 4. That existing Subsection 1161.03(v), Supplemental Reguiations for Specific Uses, of the Codified Ordinances of the City of Lakewood, now reading respectively as follows: (v) Mixed Use Overlav District. In the C1 Office District, C2 Retail District, C3 General Business District, and the MH, Multiple-Family, High Density, Residential District! a Mixed Use Overlay development may be permitted as a conditional use, provided that the regulations in Chapter 1135, and all other provisions of the Ordinances and this Code that are not in conflict with Chapter 1135 have been satisfied. shall be and the same is hereby amended to read as follows: 30f4