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Board of Review's Outdoor Dining Design Guidelines and should promote pedestrian safety and a <br />retail friendly atmosphere. The Applicant must comply with all applicable city, state and federal <br />laws and regulations at all times. Applications for the Outdoor/Seasonal Dining Facility conditional <br />use permit shall include the following items: <br />A. A completed and signed Outdoor/Seasonal Dining Facility conditional use permit <br />application form; <br />B. A written description of the proposal and photographs of the area to be occupied by the <br />proposed outdoor dining area; <br />C. A detailed, labeled and scaled site plan and elevations of the location of the outdoor dining <br />area, number and arrangement of tables and chairs, barriers, means of ingress and egress, sidewalk, <br />above -ground utilities and any other sidewalk obstruction, parking and planter areas; <br />D. Manufacturer's information and cut sheets on all proposed tables, chairs, barriers, lighting <br />and accessory furniture; <br />E. A signed statement by the owner of the building confirming the ownership of the building <br />and, if the owner is not the Applicant, granting permission to the Applicant to pursue the conditional <br />use permit; <br />F. A detailed description of the type of food and beverage served at the establishment; <br />G. When applicable, a copy of the Applicant's liquor permit and any other documentation <br />giving the Applicant permission to serve alcohol; <br />H. Copies of all required Cuyahoga County Board of Health documentation necessary to <br />operate the facility; and <br />I. Any additional documents reasonably deemed necessary by the Director. <br />Incomplete applications or applications deemed insufficient by the Director will not be accepted for <br />review. <br />(2) The Outdoor/Seasonal Dining Facility shall be located directly adjacent to the lawfully <br />operating Restaurant Use and primarily used for dining. The Outdoor/Seasonal Dining Facility may <br />be located immediately adjacent to the front of the Restaurant Use, on the side or rear of the <br />Restaurant Use or as approved by the Planning Commission. <br />(3) The floor space of the Outdoor/Seasonal Dining Facility and any walkway connecting such <br />facility with the Restaurant Use and the parking lot or any public or private sidewalk shall be <br />constructed of an approved hard surface material. <br />(4) The Applicant must keep the Outdoor/Seasonal Dining Facility sanitary, neat and clean at <br />all times, free from accumulation of food, litter, snow, ice and other potentially dangerous or <br />unsanitary matter. <br />(5) The Outdoor/Seasonal Dining Facility must be in compliance with the Americans with <br />Disabilities Act, 42 U.S.C. § 12101 et seq. (as used in this section, the "ADA"), and at a minimum <br />allow for 5 feet of continuous pedestrian access along the public sidewalk free from all obstruction, <br />and must not create any pedestrian hazards. <br />(6) An Applicant whose Restaurant Use is at an intersection of public streets shall not locate <br />the Outdoor/Seasonal Dining Facility in a manner that will impede vehicular sight distance at that <br />intersection. Setbacks from the intersection for the outdoor dining area will be determined by the <br />Planning Commission on an individual basis specific to individual site conditions after review and <br />recommendation by the Director, Building Commissioner, Police Chief and Fire Chief. <br />(7) The total number of exterior seats for the Outdoor/Seasonal Dining Facility shall not exceed <br />25%of the maximum number of previously approved indoor seats for the Restaurant Use. The final <br />number of seats for the Outdoor/Seasonal Dining Facility will be determined by the Planning <br />Commission upon review of the amount of space available, the ADA and the Building Code. <br />(8) Applicants who serve alcoholic beverages as part of their Restaurant Use must meet all <br />requirements of the Ohio Department of Commerce, Division of Liquor Control, and the following <br />standards: <br />A. Where an Outdoor/Seasonal Dining Facility or any portion of an Outdoor/Seasonal <br />Dining Facility is located on public property, the owner of the facility shall sign a Use of Public <br />Property Agreement approved by the Director of Law that indemnifies and holds the City harmless <br />from any claims, liability or damages arising from the operation or location of the Outdoor/Seasonal <br />Dining Facility, and shall provide an insurance policy in an amount approved by the Director of <br />Law with the City named as an additional insured. Upon approval of the Outdoor/Seasonal Dining <br />