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tlptAieanYs— central. The Outdoor /Seasonal Dining Facility may be <br />located immediately adjacent to the front of the Restaurant Use, on the <br />side or rear of the Restaurant Use or as approved by the Planning <br />Commission. <br />(3) The floor space of the Outdoor/Seasonal -l- Dining Facility and any <br />walkway connecting such facility with the Restaurant Use and the <br />parking lot or any public or private sidewalk shall be constructed of an <br />approved hard surface material. <br />(4) The Applicant must keep the Outdoor /Seasonal Dining Facility <br />sanitary, neat and clean at all times, free from accumulation of food, <br />litter, snow, ice and other potentially dangerous or unsanitary matter. <br />(5) The Outdoor /Seasonal Dining Facility must be in compliance with the <br />Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. (as used in <br />this section, the "ADA "), and at a minimum allow for 5 feet of <br />continuous pedestrian access along the public sidewalk free from all <br />obstruction, and must not create any pedestrian hazards. <br />(6) An Applicant whose Restaurant Use is at an intersection of public <br />streets shall not locate the Outdoor /Seasonal Dining Facility in a <br />manner that will impede vehicular sight distance at that intersection. <br />Setbacks from the intersection for the outdoor dining area will be <br />determined by the Planning Commission on an individual basis specific <br />to individual site conditions after review and recommendation by the <br />Director, Building Commissioner, Police Chief and Fire Chief. <br />(7) The total number of seats for the Outdoor /Seasonal Dining Facility <br />shall not exceed 25% of the maximum number of previously approved <br />indoor seats for the Restaurant Use. The final number of seats for the <br />Outdoor /Seasonal Dining Facility will be determined by the Planning <br />Commission upon review of the amount of space available, the ADA <br />and the Building Code. <br />(8) Applicants who serve alcoholic beverages as part of their Restaurant <br />Use must meet all requirements of the Ohio Department of Commerce, <br />Division of Liquor Control, and the following standards: <br />A. Where an Outdoor /Seasonal Dining Facility or any portion of an <br />Outdoor /Seasonal Dining Facility is located on public property, the <br />owner of the facility shall sign a Use of Public Property Agreement <br />approved by the Director of Law that indemnifies and holds the <br />City harmless from any claims, liability or damages arising from <br />the operation or location of the Outdoor /Seasonal Dining Facility, <br />and shall provide an insurance policy in an amount approved by <br />the Director of Law with the City named as an additional insured. <br />Upon approval of the Outdoor /Seasonal Dining Facility <br />conditional use by the Planning Commission, the Director is <br />authorized to enter into the Use of Public Property Agreement on <br />behalf of the City. <br />B. The Outdoor /Seasonal Dining Facility must be enclosed with a <br />sturdy barrier in compliance with the Building Code, the ADA, the <br />Outdoor Dining Design Guidelines and any additional directives of <br />the Chief of Police. Said barrier shall not be less than 36 inches in <br />