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The Applicant must comply with all applicable city, state and federal laws and regulations at all
<br />i ) times. Applications for the Outdoor Dining Facility conditional use permit shall include the
<br />following items:
<br />A. A completed and signed Outdoor Dining Facility conditional use permit 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, a signed statement granting permission to the Applicant to
<br />pursue the conditional use permit; and
<br />F. 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 Dining Facility shall be located directly adjacent to the lawfully operating
<br />Restaurant Use. The Outdoor Dining Facility may be located immediately adjacent to the front of
<br />the Restaurant Use, on the side or rear of the Restaurant Use or as approved by the Planning
<br />Commission.
<br />(3) The floor space of the Outdoor Dining Facility and any walkway connecting such facility
<br />with the Restaurant Use and the parking lot or any public or private sidewalk shall be constructed
<br />of an approved hard surface material meeting all local, state, and federal requirements, including,
<br />where applicable, the current United States Access Board Public Right -of -Way Accessibility
<br />Guidelines (PROWAG).
<br />(4) The Applicant must keep the Outdoor Dining Facility sanitary, neat and clean at all times,
<br />free from accumulation of food, litter, snow, ice, and other potentially dangerous or unsanitary
<br />matter.
<br />(5) The Outdoor Dining Facility must be in compliance with the Americans with Disabilities
<br />Act, 42 U.S.C. § 12101 et seq. (as used in this section, the "ADA"), and at a minimum allow for
<br />five (5) feet of continuous pedestrian access width along the public sidewalk free from all
<br />obstruction and must not create any pedestrian hazards. With the concurrence of the Public Safety
<br />Director, Police Chief, Fire Chief, Building Commissioner, Public Works Director, and City
<br />Engineer, the Planning Commission may allow a reduced minimum width of continuous pedestrian
<br />access to be permitted as allowed by the current PROWAG where the applicant can demonstrate
<br />that passing spaces will be available within the public right-of-way and within the frontage of the
<br />storefront, at the maximum interval of fifty (50) feet, and have a minimum passing space
<br />recommended by the PROWAG that is free of all obstructions.
<br />(6) An Applicant whose Restaurant Use is at an intersection of public streets shall not locate
<br />the Outdoor Dining Facility in a manner that will impede vehicular sight distance at that intersection.
<br />Setbacks from the intersection for the outdoor dining area will be determined by the Planning
<br />Commission on an individual basis specific to individual site conditions after review and
<br />recommendation by the Public Safety Director, Police Chief, Fire Chief, Building Commissioner,
<br />Public Works Director, and City Engineer.
<br />(7) The maximum number of seats for the Outdoor Dining Facility will be determined by the
<br />Planning Commission upon review of the amount of space available, compliance with minimum
<br />parking and other requirements of Zoning Code, thePROWAG, Building Code, and other applicable
<br />local, state, and federal requirements.
<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 Dining Facility or any portion of an Outdoor Dining Facility is located
<br />on public property, the owner of the facility shall sign a Use of Public Property Agreement approved
<br />by the Director of Law that indemnifies and holds the City harmless from any claims, liability or
<br />)i damages arising from the operation or location of the Outdoor Dining Facility, and shall provide an
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