2020-31 - Temp conditional use permits for outdoor dining

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Substitute for Res. 2020- 31, referred to Housing Committee 5/18/20. Bullock, I tipple, Litton, Neff, a'Malley., Rader, RESOLUTION NO. 2020-31 BY: vi 4c hner A RESOLUTION to take effect immediately provided it receives the vote of at least two thirds of the members of Council, or otherwise to take effect at the earliest period allowed by law, authorizing the Planning Commission to grant temporary conditional use permits for outdoor/seasonal dining facilities during this state of emergency to qualifying applicants. WHEREAS, on May 7, 2020, Governor DeWine announced that restaurants may resume outdoor dining service on May 15, 2020 and indoor dining service on May 21, 2020; and WHEREAS, restaurants must follow social distancing guidelines, including ensuring that patrons remain six feet apart when dining unless there is a physical barrier between parties; and WHEREAS, it is still unknown when a Covid-19 vaccine will be widely available; and WTIEREAS, bars and restaurants throughout the region have struggled to maintain financial solvency and comply with the Governor's orders, resulting in at least one Lakewood restaurant to permanently close; and WHEREAS, the City of Lakewood recognizes that restaurants are critical to the vibrancy of Lakewood and to ensure that our local restaurants remain successful and that the public feels safe patronizing them the City of Lakewood should provide more opportunities for restaurants to expand their outdoor dining capacity to promote compliance with the Governor's orders; and WHEREAS, as set forth in Section 2.12 of the Third Amended Charter of the City of Lakewood, this Council by a vote of at least two thirds of its members determines that this resolution is an emergency measure and that it shall take effect immediately, and that it is necessary for the immediate preservation of the public property, health, and safety and to provide for the usual daily operation of municipal departments in that the State of Ohio is under an order of a state of emergency form the Governor and it is imperative to provide assistance to Lakewood's small businesses to help them continue their operations under the orders of the Governor and the Ohio Director of Health and to maintain public safety while doing so; now, therefore BE IT RESOLVED BY THE* CITY OF LAKEWOOD, OHIO: Section 1. The City of Lakewood hereby authorizes the Planning Commission to temporarily waive or modify the requirements in Lakewood Codified Ordinance Sections 1161.03 and 11291 to expand outdoor/seasonal dining facilities during the COVID-19 Pandemic for the duration a state of emergency declared by the State of Ohio, the County of Cuyahoga, or the City of Lakewood or until October 31, 2020, whichever comes first, to all applicants that the