Laserfiche WebLink
<br />PLACED ON 1ST READING & REFERRED TO THE COMMITTEE <br />OF THE WHOLE 10-4-04. PLACED ON 2ND READING <br />10/18/04. <br /> <br />ORDINANCE NO: 90-04 <br /> <br />BY: Corrigan, Demro, Dever, Dunn, <br />FitzGerald, Madigan, Seelie. <br /> <br />AN ORDINANCE to amend Chapter 1161 - Conditional Uses- of the Zoni~g Code of the Codified <br />Ordinances of the City of Lakewood. <br /> <br />WHEREAS, the amendments to the Zoning Code promotes the development of and protects existing <br />residential uses found throughout the City thereby protecting property values; and <br /> <br />WHEREAS, the amendments to the Z:oning Code encourages the orderiy development and retention of <br />commercial uses in a manner consistent with the Community Vision. <br /> <br />NOW THEREFORE BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO: <br /> <br />Section 1. That existing Subsection 1161.03(n), Professional, Medical, and General Business <br />Offices, of the Codified Ordinances of the City of Lakewood, now reading respectively as follows: <br /> <br />(n) Professional, Medical, and General Business Offices. In an ML Multiple-Family, Low <br />Density, District or MH Multiple-Family, High Density, District, a professional, medical, or <br />general business office may be permitted as a conditional use provided that: <br />(1) the proposed use replaces an existing non-conforming use and is determined by the <br />Commission to be a higher use than the existing non-conforming use being vacated; <br />(2) the proposed use is located only on the ground fioor of the building; <br />(3) no variances are required to accommodate the proposed use; and <br />(4) the required off-street parking for all occupancies is available on the same parcel. <br /> <br />shall be and the same is hereby amended to read as follows: <br /> <br />(n) Professional. Medical, and General Business Offices. In an ML Multiple- <br />Family, Low Density, District or MH Muitiple-Family, High Density, District, a <br />professional, medical, or general business office may be permitted as a conditional <br />use provided that: <br />(1) the proposed use replaces a use determined by the Commission to be a higher <br />use than the existing use being vacated; <br />(2) the proposed use is iocated only on the ground fioor of the building; <br />(3) no variances are required to accommodate the proposed use; and <br />(4) the required off"street parking for all occupancies is available on the same <br />parcel. <br /> <br />Section 2. That existing Subsection 1161.03(t), Supplementai Regulations for Specific Uses, of <br />the Codified Ordinances of the City of Lakewood, now reading respectively as follows: <br /> <br />(0) Outdoor Dinino Facilitv. In the C1 Office, C2 Retail and C3 General business Districts, an outdoor <br />dining facility may be permitted as a conditionally permitted accessory use subject to all or any of the <br />following: <br /> <br />(1) The floor space of any outdoor dining facility and any walkway connecting such facility with <br />the restaurant, bar, tavern or nightclub proper, the parking lot or any sidewalk shall be <br />constructed of an approved hard surface material; <br />(2) For 'purposes of determining off-street parking requirements, the outdoor dining facility shall <br />be considered additional seating capacity. Off-street parking spaces to serve the additional <br />capacity shall be provided pursuant to Chapter 1143; <br />(3) Any modifications necessary to an existing parking lot for the construction of an outdoor <br />dining facility shall conform to the design requirements set forth in Chapter 1325 of the <br />Building Code and be approved by the Architectural Board of Review; <br />(4) Lighting of outdoor dining facilities, which shall be provided, is approved by the Architectural <br />Board of Review pursuant to Chapter 1325 of the Building COde, and such design shall <br />minimize the intrusive effect of glare and illumination upon any abutting areas, especially- <br />residential; <br />(5) No outdoor dining facility shall be located in the required setback as established on the <br />Building Line Map; <br />(6) A landscaped buffer area of not less than ten (10) feet in depth shall be placed where such <br />use abuts a residential district, use, or public right-of-way, Chapter 1141 notwithstanding" <br />The landscaping shall be continuously maintained and promptly restored, if necessary¡ <br />(7) Any outdoor dining facility adjacent to a residential district and/or use shall be enclosed with a <br />six (6) foot high solid fence along such abutting property lines and be approved by the <br /> <br />1 of 4 <br />