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CITY OF NORTH OLMSTED <br />ORDINANCE NO. 2010 -112 <br />BY: Mayor Kennedy and Council members Barker and Jones <br />AN ORDINANCE AMENDING SECTION 1139.01 OF THE ZONING CODE <br />OF THE CITY OF NORTH OLMSTED TO PERMIT ENTERTAINMENT <br />DEVICES ARCADES IN GENERAL RETAIL ZONING DISTRICT, <br />SUBJECT TO CONDITIONAL USE PERMIT AND ADDITIONAL AREA <br />RESTRICTIONS, AS AMENDED. <br />WHEREAS, computerized sweepstakes arcades and sweepstakes terminal cafes and <br />similar operations, and the premises upon which they are located and operated, are by their <br />nature a unique business, prompting this Council to adopt Resolution 2010-41 on April 6, 2010, <br />in order to declare a Moratorium on permits or licenses for such operations pending further <br />review and legislative action; and <br />WHEREAS, the City of North Olmsted seeks to provide both licensing and zoning <br />regulation for these business operations to prevent safety and fire hazards, disturbances, <br />disruption of pedestrian traffic, disorderly assemblies, theft of personal property, gambling and <br />truancy within the City; and <br />WHEREAS, the Zoning Code Section 1139.01 currently requires a conditional use <br />permit for areas of assembly, such as entertainment device arcades, but the application thereof <br />may be unclear because the Ohio Building Code may classify the occupancy for business; and <br />WHEREAS, the Directors of Planning and Law recommend amendment of the Zoning <br />Code to clarify that, as a matter of local zoning authority and with all due respect for the Ohio <br />Building Code, that entertainment device arcades have been and remain subject to conditional <br />use permit under Chapter 1139 and the additional area restrictions set forth herein; and <br />WHEREAS, the Planning and Design Commission on the 13& day of <br />2010, by formal motion, (recommended - did not recommend) (with suggested <br />changes) that this Ordinance, proposing to amend the 'Loning Code of the City of North Olmsted <br />to clarify conditional use permit for entertainment device arcades and to add area restrictions, be <br />adopted; and <br />WHEREAS, following publication of newspaper notice, a public hearing was held, in <br />conformance with the provisions of Sectron 14 of Article N of the Charter and Section 1127.03 <br />of the Loning Code, on thel 1"- day of v 2010. <br />NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF <br />NORTH OLMSTED, CUYAHOGA COUNTY, AND STATE OF OHIO: <br />SECTION 1: That Section 1139.01, which currently reads as follows: <br />1139.01 GENERAL RETAIL BUSINESS DISTRICT.