17-15 Amend Sec 1161.03(t) Supplemental Regulations for Specific Uses

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PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 3/16/15. 17 -15 PLACED ON 2ND READING 4/6/15. ORDINANCE NO. BY: Anderson, Bullock, Juris, Madigan, Mars, Nowlin, O'Leary. AN ORDINANCE amending Section 1161.03(t), Supplemental Regulations for Specific Uses, of the Codified Ordinances of the City of Lakewood to allow outdoor dining year round where the patio is located fully on private property. WHEREAS, the Planning Commission, in reviewing approval of any outdoor dining application under Chapter 1161, must consider impacts of any outdoor dining facility and balance those in relation to neighboring properties and land uses; and WHEREAS, Article 18, Section 3 of the Constitution of the State of Ohio permits municipalities to exercise all powers of local self - government and to adopt and enforce within their limits such as local police, sanitary and other regulations as are not in conflict with general laws; now, therefore BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO: Section 1. Section 1161.03(t), Supplemental Regulations for Specific Users, of the Codified Ordinances of the City of Lakewood currently reading as follows: 1161.03 SUPPLEMENTAL REGULATIONS FOR SPECIFIC USES (t) Outdoor /Seasonal Dining Facility. Any person operating a restaurant, bar, tavern, or nightclub use (as used in this section, a "Restaurant Use ") in the Cl Office, C2 Retail, C3 General Business, C4 Public School, ML and MH Multiple- Family Residential, PD Planned Development or I Industrial District (as used in this section, and together with any successors or assigns, an "Applicant ") may be permitted to operate an Outdoor /Seasonal Dining Facility as a conditionally permitted accessory use subject to the following: (1) Upon the Applicant's application, filed with the Director of Planning (as used in this section, the "Director "), the Outdoor /Seasonal Dining Facility design shall be reviewed and approved by the Architectural Board of Review pursuant to Chapter 1325 of the Building Code. The Outdoor /Seasonal Dining Facility should be attractive and in accordance with the Architectural Board of Review's Outdoor Dining Design Guidelines and should promote pedestrian safety and a retail friendly atmosphere. The Applicant must comply with all applicable city, state and federal laws and regulations at all times. Applications for the Outdoor /Seasonal Dining Facility conditional use permit shall include the following items: A. A completed and signed Outdoor /Seasonal Dining Facility conditional use permit application form; B. A written description of the proposal and photographs of the area to be occupied by the proposed outdoor dining area;