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

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insurance policy in an amount approved by the Director of Law with the City named as an additional insured. Upon approval of the Outdoor Dining Facility conditional use by the Planning Commission, the Director is authorized to enter into the Use of Public Property Agreement on behalf of the City. B. A barrier on some or all sides of the Outdoor Dining Facility may be required. The Planning Commission will make a determination as to the extent and location of a barrier necessary for the Outdoor Dining Facility. Any such barrier shall be in accordance with the Outdoor Dining Design Guidelines, Building Code, Ohio Fire Code, Ohio Department of Commerce, Division of Liquor Control requirements. C. The entrance to the Outdoor Dining Facility must be easily recognizable and adjacent to or as close to a publicly used door of the Restaurant Use as is commercially practicable in the Planning Commission's determination and comply with the Ohio Fire Code. D. Unless authorized by the establishment of a Designated Outdoor Refreshment Area in accordance with Ohio Revised Code, no person shall be permitted to carry alcoholic beverages from the Outdoor Dining Facility to any place outside the Outdoor Dining Facility except the adjacent Restaurant Use, and the facility shall be designed in a way so as to maintain compliance with this provision. (9) Applicants who do not serve alcoholic beverages as part of their Restaurant Use must meet the following standards: A. Where an Outdoor Dining Facility or any portion of an Outdoor Dining Facility is located on public property, the owner of the facility shall sign a Use of Public Property Agreement approved by the Director of Law that indemnifies and holds the City harmless from any claims, liability or damages arising from the operation or location of the Outdoor Dining Facility, and shall provide an insurance policy in an amount approved by the Director of Law with the City named as an additional insured. Upon approval of the Outdoor Dining Facility conditional use by the Planning Commission, the Director is authorized to enter into the Use of Public Property Agreement on behalf of the City. B. A barrier on some or all sides of the Outdoor Dining Facility may be required. The Planning Commission will make a determination as to the extent and location of a barrier necessary for the Outdoor Dining Facility. Any such barrier shall be in accordance with the Outdoor Dining Design Guidelines and the Ohio Fire Code. (10) The Outdoor Dining Facility must have adequate illumination during evening hours in accordance with the Outdoor Dining Design Guidelines. All lighting will be designed to minimize the intrusive effect of glare and illumination upon abutting areas, especially residential properties pursuant to Section 1306.311. (11) Buffering with landscaping or fencing of the Outdoor Dining Facility, if the facility is adjacent to residential or sensitive uses, may be required. Buffering requirements will be determined by the Planning Commission and shall be in accordance with the Outdoor Dining Design Guidelines. (12) An Outdoor Dining Facility with a copacity of more than 8 seats shall be included in the gross floor area square footage to determine parking space requirements per Chapter 1143. (13) Furniture and enclosures located within the Outdoor Dining Facility may not be stored on the public right-of-way and must be removed entirely from the right-of-way on or before November 30 through March 31. From December 1 through March 31, and in order to take advantage of unseasonable weather or special events, the Director shall have the authority to allow a single -day use of the public right-of-way in accordance with any approved conditional use permit. All furniture and fixtures used in an Outdoor Dining Facility in the public right-of-way must be readily removable without damage to the surface of the right-of-way. An Outdoor Dining Facility located entirely on private property is permitted year-round with prior approval of the Planning Commission. (14) An Outdoor Dining Facility shall operate only between the hours of 8:00 a.m. and 10:00 p.m. Sunday through Thursday, 8:00 a.m. Friday to 1:00 a.m. Saturday and 8:00 a.m. Saturday to 1:00 a.m. Sunday. The limitations set forth herein, and any additional limitations placed on hours of operation as may be determined by the Planning Commission, are designed to assure adequate peace, quiet and serenity in the evening and morning hours during which residents of the City are entitled to enjoy a period of rest and relaxation without intrusion from the possibilities of excessive noise and activity in adjacent areas. The Planning Commission may temporarily extend the hours and dates of operation of any Outdoor Dining Facility where the Outdoor Dining Facility is located within the footprint of a special event that is either sponsored by the City or permitted under the Codified Ordinances.