11-81 Amend 1125.07 - exemptions for off street parking

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ORDINANCE NO. 11-81 BY: Brown, Chinnock, Gallagher, Graham, McBride, Salmon, Wendling AN ORDINANCE to amend Section 1125.07 of the Codified Ordinances of the City of Lakewood, to revise the finding of the Board of Zoning Appeals must make before granting a Special Exception for an off street parking.lot in an R or M district contiguous to a BR - Business Residential, B1 office or X - Industrial for customers and employees use: BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That Section 1125.07 of the Zoning Code of the Codified Ordinances of the City of Lakewood, now reading as follows: 1125.07 SPECIAL EXCEPTION The Board of Zoning Appeals may permit as a Special Exception the use of land in the R District contiguous to a retail or industrial district for off street parking for customers and employees, provided that: (a) The proposed parking lot is wholly within 300 feet of the line of a street along and immediately adjacent to the property zoned for retail or industrial use and wholly within 150 feet of the nearest rear or side lines of the property zoned for retail or industrial use. (b) A public hearing is held and written notice, stating time,~ place and date of hearing is mailed to each property owner within 100 feet. (c) The Board affirmatively finds that the proposed Darkin§ use, subject to such conditions and restrictions as may be imposed by the Board, will not result in substantial detriment to neighboring property. (d) Affirmatively find that the applicant is the owner or lessee authorized to so use the premises and ascertain that such applicant will accept, in writing, such conditions and restrictions as may be imposed by the Board. (e) The Board shall consider, for the protection of the neigh- borhood, prescribing conditions with respect to construction, maintenance, fences or walls, driveways, landscaping, signs, lighting, setback, evening use and prohibition of all other use such as storage, exhibition and sale of motor vehicles loading and unloading of trucks. be and the same is hereby amended so that as amended, it reads as follows: 1125.07 SPECIAL EXCEPTION PARKING The Board of Zoning Appeals may permit as a Special Exception with approval of City Council the use of land in the R and M districts contiguous to a BR-business/residential, B-l-office, and X-Industrial district for off-street parking spaces for customers & employees, provided it finds the conditions hereinafter specified are met. (a) The proposed parking lot will be contiguous to a BR, B1 or X district. (b) The Board shall hold a public hearing on the request and written notice shall be mailed to all property owners within 200 feet of proposed lot stating property involved, time, date, and place where hearing will be held.