17-13 Amend 1135 Mixed Use Overlay

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Placed on first reading and referred to the Planning Commission 6/3/2013, second reading 6/17/2013. Referred to Committee of the Whole 10/7/2013. Please substitute for the original. ORDINANCE NO. 17 -13 BY: Anderson, Bullock, Juris, Madigan, Nowlin, Powers, Smith. AN ORDINANCE to amend Chapter 1135, Mixed Use Overlay District, of the Codified Ordinances of the City of Lakewood to allow the application of Chapter 1135 to residentially zoned properties and to establish hours of operation for properties to which Chapter 1135 is ap- plied. WHEREAS, the purpose of the existing Mixed Use Overlay District is to provide a mechanism to accommodate reuse and redevelopment in specified locations that may not other- wise be permitted under the code; and WHEREAS, this overlay district also clearly asserts that the foremost consideration in these situations is protecting the public interest; and WHEREAS, a Mixed Use Overlay District may overlay several base districts but does not include residential zone districts; and WHEREAS, as Lakewood continues to experience brisk reinvestment, making sure we have the tools to creatively repurpose and redevelop a variety of building types is essential; and WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Revised Code, municipalities have the power of local self - government; and WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Revised Code, municipalities have the power to enact laws that are for the health, safety, welfare, comfort and peace of the citizens of the municipality; now, therefore BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO: Section 1. That Chapter 1135, Mixed Use Overlay District, currently reading as follows: 1135.01 PURPOSE. (a) The purpose of the Mixed Use Overlay District is to provide a mecha- nism to accommodate development reuse and redevelopment in speci- fied locations, which is in the public interest and may not otherwise be permitted pursuant to this Code. A Mixed Use Overlay District may overlay several base districts. However, the uses permitted in each un- derlying district are limited to the boundaries of that district, and the regulations of the underlying district shall govern, except where addi- tional uses are expressly allowed under this Chapter. (b) The Mixed Use Overlay District requirements and regulations allow for more flexibility than those pertaining to other uses within the Code. A