2020-31 - Temp conditional use permits for outdoor dining

Home Browse Search

Planning Commission find satisfy its requirements and supersedes Lakewood Codified Ordinance Sections 1161.03 and 112913. Section 2. The City of Lakewood authorizes the Planning Commission to waive any requirement enumerated in Lakewood Codified Ordinance Section 1161.03 SUPPLEMENTAL REGULATIONS FOR SPECIFIC USES and Lakewood Codified Ordinance Section 1129.13 SUPPLEMENTAL REGULATIONS FOR OUTDOOR/SEASONAL DINING FACILITY during the time period described in Section 1 if the Planning Commission finds by a vote of at least two thirds of its members present at a meeting that the waiving of the requirement will not cause substantial harm to the health and safety of the public and is in accordance with the Community Vision. Section 2. The Planning Commission shall not condition or delay the granting of temporary conditional use permit on the completion of a traffic study. Section 3. The Conditional Use fee for a Commercial applicant for outdoor dining shall be waived. Section 4. The Planning Commission shall consider requests for new or additional outdoor seating up to 30 seats. The Planning Commission may approve new or additional outdoor seats over the 30 seat threshold where the applicant can show that they can adequately comply with all State of Ohio Department of Health orders, can maintain adequate parking for the establishment without over burdening nearby residential neighborhoods, and that the seats and activity will not negatively impact abutting residential neighborhoods. Section 5. The Planning Commission may permit the use of parking lots, the public right of way, , as an outdoor dining facility. Outdoor dining facilities shall require a barrier where it is located within a parking lot, within the parking area located in the public right of way, or where alcohol is served. If the proposal is a temporary or permanent structure, Planning Commission shall obtain an opinion from the appropriate safety department, Building Department and/or City Engineer; such review shall be completed within 7 days of referral from the Commission. Failure to timely complete the review shall not permit Planning Commission to reject such application. Section 6. No entertainment or speakers shall be permitted on the premises of the outdoor dining facility. Section 7. The outdoor dining facility shall not be available for use after 10:00 pm, but Planning Commission can set an earlier closing time for the outdoor dining facility based upon the unique aspects of each application. Section 8. Where an Outdoor/Seasonal Dining Facility or any portion of an Outdoor/Seasonal Dining Facility is located on public property, except where located in an on - street parking space, and no alcohol is served at the establishment, the owner of the facility shall