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CITY OF NORTH OLMSTED <br />ORDINANCE NO. 2004 - 200 <br />BY: Council Member Gareau <br />AN ORDINANCE AMENDING SECTIONS 1115.02 AND 1139.06 OF <br />THE CITY'S ZONING CODE IN ORDER TO BETTER DEFINE AND <br />DISTINGUISH DIFFERENT CATEGORIES OF RESTAURANTS <br />FOR ZONING CODE PURPOSES, AND TO EXCLUDE SMALL <br />SANDWICH SHOPS FROM THE 1.5 ACRE MINIMUM LOT SIZE <br />REQUIREMENT OF THE GENERAL RETAIL BUSINESS <br />DISTRICT REGULATIONS, AS AMENDED. <br />WHEREAS, Section 1139.06 of the Zoning Code presently requires that all <br />freestanding restaurants in general retail business districts of the City be located on lots <br />having a minimum size of at least 1.5 acres; and <br />WHEREAS, this Council believes that certain fast food restaurants, known as <br />sandwich shops or limited service restaurants, which have limited menus, no frying, <br />broiling or griddling of food on site, limited customer seating- <br />;and have a building gross <br />floor area of 2500 square feet or less, and do not have drive-thru facilities, do not <br />require a lot of at least 1.5 acres, and may be operated on lots of the same minimum size <br />applicable to most other permitted uses in general retail business districts, to wit: 40,000 <br />square feet, without adversely affecting the health, welfare and safety of the general <br />public and nearby residents; and <br />WHEREAS, it is the desire of this Council to accordingly amend the definitions <br />within section 1115.02 of the Zoning Code to distinguish and differentiate between full <br />service restaurants, fast food restaurants, and limited service <br />restaurants, and further to amend Section 1139.06 of the Zoning Code to exclude small <br />°a„a<=.;eh she„s limited service restaurants from the Zoning Code requirement of <br />minimum 1.5 acre lots for free standing restaurants in the City; and <br />WHEREAS, the Planning Commission on the llth dav of Januarv 2005, by <br />formal motion, recommended that this Ordinance, proposing to so amend Sections <br />1115.02 and 1139.06 of the Zoning Code of the City of North Olmsted be approved; and <br />WHEREAS, following publication of newspaper notice, a public hearing was <br />held in conformance with the provisions of Section 14 of Article IV of the Charter and <br />Section 1127.03 of the Zoning Code, on the 15th day of March 2-0A42005; <br />NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY <br />OF NORTH OLMSTED, CUYAHOGA COUNTY, AND STATE OF OHIO: