(a) Purpose.
(1) The City of Oberlin recognizes and supports the vitality and activity that is created by outdoor dining establishments within "business districts". The operation of such dining facilities requires careful consideration and review to ensure that such uses function in a manner as to create the benefits without any negative effects.
(2) The purpose of establishing these guidelines is to create a pleasant outdoor dining environment for visitors and residents, to prevent congestion on streets and obstructions on public sidewalks, and to ensure that adequate efforts are made to protect the health, safety and welfare of the public by requiring, among other matters, certain minimum levels of sanitation and cleanliness.
(b) Definitions. The following definitions are provided to assist with the interpretation of these guidelines:
(1) Right-of-way. The public right-of-way is defined as an area of land over which a government has possession of rights for public passage or use, such area being occupied or intended to be occupied by a street, road, highway, alley, sidewalk or crosswalk or for the installation of private utilities within the corporate limits of the City. Such right-of-way may be under the jurisdiction of the City, County, State or Federal governments. For the purpose of these guidelines, the components of the right-of-way that are of concern include, but are not limited to, the sidewalk area of the street as well as overhead and underground utilities whether owned by the City or others.
(2) Business districts. The City has a number of business districts that permit eating and drinking establishments.
(3) Restaurant. A commercial establishment, the principal purpose of which is, the sale and serving of food and beverages for consumption within the establishment or in an area contiguous thereto.
(4) Outdoor dining. An outdoor dining facility or café for the purpose of these guidelines means an area on private property, and adjacent to a restaurant. The size and location of such an outdoor dining facility or café may be limited in order to ensure that adequate parking and access to the building is maintained.
(5) Litter. Litter for the purpose of these guidelines is defined as meaning any substance that is related to the food, beverages or other goods associated with the food service at the outdoor dining facility or café and the primary restaurant facility. Such items include, but are not limited to, discarded food, beverages, plates, wrappers, containers, bottles, cups, paper, cigars or cigarettes and butts.
(6) Permit. A permit is defined as being written authorization by the Planning Commission to conduct the operation of an outdoor dining facility or café. A permit is only valid between April 1st and November 1st.
(7) Business. A business is considered to be any operation of an outdoor dining facility or café by a person, firm, partnership or corporation.
(c) Procedures. The following procedures shall apply to requests for permission to operate an outdoor dining facility or café within the business districts:
(1) Approval. No business shall operate an outdoor dining facility or café without having first obtained a permit from the office of the Oberlin Planning Commission.
(2) Permit requirement. A valid permit is required to operate an outdoor dining facility or café within a business district of the City. A fee shall be fifty dollars ($50.00) for such a permit.
(3) Permit application. An application must be filed for site plan approval to operate an outdoor dining facility or café within a business district. Such applications are to be completed on the form prescribed by the City and are to be filed with the office of the Planning and Development Director. The Commission will either approve or deny the application within thirty (30) days of receipt of a complete application. Each application shall be accompanied by a completed Application Form, a sketch, accurately displaying dimensions, which shows the size and location of the restaurant, setbacks from lot lines, the location and number and size of parking spaces on-site, the size and location of doors or other openings to the building, the width of the sidewalks and streets, the location of such features as, fire hydrants, light poles, trash receptacles, benches, flower planters, trees, bus stops, newspaper boxes, curb-cuts and driveways, etc. as may be applicable. The applicant shall also furnish details related to any proposed temporary or permanent fence or barrier. Such fence or barrier shall not be less than thirty-six (36) inches nor exceed forty-two (42) inches from grade to the highest point. Fences shall not create a sight-line problem.
(4) Permit issuance.
A. No outdoor dining facility or café shall operate unless adjacent to a property with an existing restaurant being operated in accordance with the City's Zoning, Building and Fire Codes after the adoption of these guidelines. Any outdoor dining facility or café in operation prior to the adoption of these guidelines shall be required to comply with these guidelines.
B. The operation of any outdoor dining facility or café shall be in accordance with the plan approved by the Planning Commission.
(5) Appeals. Any applicant who has been denied a permit pursuant to these guidelines may, in writing, appeal the denial to the Zoning Board of Appeals within ten (10) days of the date of receipt of the decision denying the permit. The Zoning Board of Appeals shall consider the appeal at its next regularly scheduled meeting. The Board may confirm the decision of the Planning Commission to deny the application or approve such an application if it determines that, among other factors, the scale of the proposed activity, the level of vehicular and pedestrian traffic, the availability and adequacy of off-street parking, the configuration of the proposed activity or facility and its relationship to site buildings and features and the possible impact on nearby businesses are determined to be appropriate.
(6) Permit fee. Each application will be processed only with payment of a fee prescribed (see subsection (c)(2) hereof).
(7) Multiple applications. Should an application be denied by the Planning Commission and that denial upheld by the Zoning Board of Appeals, no further permit application will be considered or approved within six (6) months of the date of the refusal by the Zoning Board of Appeals.
(8) Loss of privilege.
A. In order to enforce the provisions of these guidelines, any business determined not to be in compliance with same shall be warned in writing of the lack of compliance. Such notice shall be delivered by hand or sent by certified mail to business and/or property owner identified on the Application Form.
B. Failure to comply with the written warning issued, as noted above, will result in the revocation of the permit and the authority to operate an outdoor dining facility or café for a period of thirty (30) calendar days from the date of the second incident. Such revocation notice shall be delivered by hand or sent by certified mail to the business and will be effective immediately upon receipt.
C. Any further failure to comply within the same calendar year when the permit was issued shall result in suspension for the remainder of that calendar year.
(9) Appeal of loss of privilege. Any business whose permit to operate an outdoor dining facility or café has been revoked, may appeal that revocation decision to the Zoning Board of Appeals within ten (10) days of receipt of the written notice that the permit has been rescinded. The Zoning Board of Appeals shall consider the circumstances involved with respect to the issuance of the earlier warnings and suspensions of the permit, including efforts or assurances that may be provided that would insure compliance with the guidelines.
(10) Penalty. Any person, firm or corporation who violates any of the provisions of this chapter shall, upon conviction thereof in a court of competent jurisdiction, be fined not loss than ten dollars ($10.00) nor more than one hundred dollars ($100.00) for each violation. Each and every day that a violation continues shall constitute a separate offense, up to a period of one year.
In addition, the City may institute a civil action in a court of competent jurisdiction to enjoin any violations of this chapter.
(d) Conditions and Requirements. The following guidelines shall apply to the operation of a seasonal outdoor dining facility or café on private property:
(1) Any outdoor dining facility or café shall be located adjacent to the restaurant and not extend beyond the limits of the property owned by the applicant business;
(2) Outside seating capacity shall not exceed forty-nine percent (49%) of the restaurant's seating capacity;
(3) Off-street parking shall be provided as may be required by the Zoning Code;
(4) No outdoor dining facility or café shall interfere with the operation of nearby businesses;
(5) No outdoor dining facility or café shall operate in any manner that does not comply with the requirements of the Lorain County Health Department and that any permit required by that Department shall be obtained;
(6) No outdoor dining facility or café shall operate in a manner that does not comply, if applicable, with the requirements of the Ohio Department of Commerce, Division of Liquor Control;
(7) Businesses are encouraged not to use glass containers or bottles when serving patrons at the outdoor dining facility or café;
(8) Any outdoor dining facility or café shall provide receptacles for the disposal of cigar, cigarette or other tobacco items, and shall ensure that such receptacles are regularly serviced in such a manner as to avoid overflowing conditions related to those disposal of items;
(9) Employees of any outdoor dining facility or café shall not use public waste receptacles for the disposal of food, beverage or waste materials from the business;
(10) All outdoor areas associated with the operation shall be maintained in a litter-free state at all times as required by Section 521.08 of the Codified Ordinances, and in a clean and sanitary condition.
(11) No outdoor dining facility shall operate later than midnight.
(Ord. 10-71AC CMS. Passed 2-22-11.)