34-17 Amend 1103.02(zz) Outdoor/Seasonal Dning

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Placed on first reading and referred to Planning Commission and Committee of the Whole 9/18/17, second reading 11/6/17. Substitute recommended for adoption by Planning Commission 10/5/17 and by Committee of the Whole 1/22/18. ORDINANCE NO. 34 -17 BY: Anderson, Bullock, George, Litton, O'Leary, O'Malley, Rader AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five members of Council, or otherwise to take effect at the earliest period allowed by law, amending Section 1103.02(zz), Definitions (Outdoor /Seasonal Dining Facility), of the Codified Ordinances of the City of Lakewood in order to further clarify an outdoor dining space. WHEREAS, recently the Planning Commission has reviewed proposals for addi- tional outdoor dining space where a business has an existing outdoor dining facility; and WHEREAS, these proposals have been consistent with the intent of the code, but the code neither permits nor prohibits more than one outdoor dining space on a site; and WHEREAS, it is appropriate to further define the intent to clearly allow more than one outdoor dining space where all other areas of the code are met and the site is conducive to more than one outdoor dining space; and WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Re- vised Code, municipalities have the power of local self - government; and WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Re- vised Code, municipalities have the power to enact laws that are for the health, safety, welfare, comfort and peace of the citizens of the municipality; and WHEREAS, this Council by a vote of at least five of its members determines that this ordinance is an emergency measure and that it shall take effect immediately, as set forth in Article III, Sections 10 and 13 of the Second Amended Charter of the City of Lakewood, and that it is necessary for the immediate preservation of the public property, health, and safety and to provide for the usual daily operation of municipal departments, in that it is in the best interest of the City to ensure that the spirit of the code is correctly defined within the code; now, therefore BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO: Section 1. Section 1103.02(zz), Definitions (Outdoor /Seasonal Dining Facility), of the Lakewood Codified Ordinances, currently reading as follows: 1103.02 Definitions (zz) OUTDOOR/SEASONAL DINING FACILITY means an out- door dining area or an area wherein twenty -five percent (25 %) or more