33-2022 - 1161.03(t) Outdoor Dining Updates 2022 Subst

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Please Substitutefor Orlglwl ORDINANCE NO. 33-2022 Placed on lsi reading & referred to HPD & PC 10/3/22; 2nd reading 10/17/22. Referred out of PC with changes 11/3/22. Baker, Bullock, Kepple, Litten, BMarx, Rader, Shachner AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five (5) members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, amending Section 1161.03(t), Outdoor Dining, of the Codified Ordinances of the City of Lakewood. WHEREAS, outdoor dining was established as a conditionally permitted use in Lakewood in 2002; and WHEREAS, outdoor dining provisions were amended in 2015 and 2017 to update the provisions as the City learned more about the use of outdoor dining in its commercial corridors; and WHEREAS, in response to the COVID 19 pandemic, Lakewood temporarily expanded outdoor dining to assist local businesses operating under correlating health guidelines; and WHEREAS, with knowledge of the positive impact of outdoor dining on residential and commercial establishments, the City seeks to update the provisions to provide permanent regulations for outdoor dining; and WHEREAS, as set forth in Section 2.12 of the Third Amended Charter of the City of Lakewood, this Council by a vote of at least two thirds of its members determines that this ordinance is an emergency measure and that it shall take effect immediately 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 these provisions should be enacted to allow for outdoor dining establishment to take advantage of them during the outdoor dining season; now, therefore: BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That Section 1161.03(t), Outdoor/Seasonal Dining Facility, of the Codified Ordinances of the City of Lakewood, currently reading as follows: (t) Outdoor/Seasonal Dining Facility. Any person operating a restaurant, bar, tavern, or nightclub use (as used in this section, a "Restaurant Use") in the Cl Office, C2 Retail, C3 General Business, C4 Public School, ML and MH Multiple -Family Residential, PD Planned Development or I Industrial District (as used in this section, and together with any successors or assigns, an "Applicant") may be permitted to operate an Outdoor/Seasonal Dining Facility as a conditionally permitted accessory use subject to the following: (1) Upon the Applicant's application, filed with the Director of Planning (as used in this section, the "Director"), the Outdoor/Seasonal Dining Facility design shall be reviewed and approved by the Architectural Board of Review pursuant to Chapter 1325 of the Building Code. The i Outdoor/Seasonal Dining Facility should be attractive and in accordance with the Architectural