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COUNCILMAN CIMPERMAN TEAMS UP WITH PLANNING COMMISSIONER ROBERT BROWN TO MAKE WAY FOR ALL NIGHT WHOOPING IT UPSubmitted by jerleen1 on Tue, 03/29/2011 - 13:24.
Hello Everyone,
I was asked by several respondents to create a one page letter to the Planning Commission. Please see attached, feel free to modify change or use it in its entirety. Please resend to your respective distribution lists.
Feel free to use this as a form letter at your block clubs even if you meet after April 1st and get copy's to your City Council Representatives.
I have seen requests about what are the current zoning districts in Ohio City. There are many. I am linking the City GIS web site. You will have to navigate by clicking directly multiple times on the Ohio City neighborhood. Once you have the desired street range, click on the layer control in the left hand column. This should open a pop-up located to the right of the map. Make sure you turn on the zoning option and the label option in the same line and hit refresh at the bottom. This should bring up the districts you want to review.
Thank you,
Henry P. Senyak
In a message dated 3/27/2011 8:00:00 P.M. Eastern Daylight Time, HSENYAK [at] aol [dot] com writes:
Section 343.15 Restaurants, Bars, Taverns, Nightclubs and Accessory Entertainment Uses
(Entertainment)
Restaurants, bars, taverns, and nightclubs, as defined in this code and as permitted in Business Districts, as well as entertainment provided as an accessory use or activity in other businesses, are subject to the following regulations as well as the licensing regulations of Chapter 690 and other applicable provisions of the Codified Ordinances.
(a) Entertainment. In Local Retail Districts, entertainment provided in any restaurant, tavern or bar as well as an accessory use or activity in any business, shall be limited to unamplified acoustic musical instruments or other entertainment that produces noise levels no greater than that produced by unamplified acoustic musical instruments. In all zoning districts, the space in which the entertainment will take place shall be situated, designed and configured in a manner that ensures that no noise or vibration emanating from such use will be perceptible on the premises of any Residential District or dwelling unit existing at the time of the establishment of the use other than a dwelling unit located in the same building as the entertainment activity. In all zoning districts, noise associated with such entertainment shall be regulated by the provisions of Sections 605.10 and 683.01.
Section 343.11 General Retail Business Districts
(b) Permitted Buildings and Uses. The following buildings and uses are permitted in a General Retail Business District; and no buildings or premises shall hereafter be erected, altered, used, arranged or designed to be used, in whole or in part for other than one or more of the following specified uses:
(1) Except as otherwise provided in this Zoning Code, all uses permitted and as regulated in any Local Retail Business District.
(2) All retail business uses and buildings specified in division (b) of Section 343.01, and uses and buildings to provide for:
L. Entertainment venues as defined by Section 690.01, nightclubs, or a social, sport or recreational center. Any such use that is operated as a business and as the principal use of a place shall be permitted only as a Conditional Use in accordance with the provisions of Section 329.041, An outdoor dining area that is accessory to any such entertainment, amusement or recreation use shall be permitted as a Conditional Use in accordance with the provisions of section 329.041 and 343.15.
Section 343.15 Restaurants, Bars, Taverns, Nightclubs and Accessory Entertainment Uses
(PATIO's) Restaurants, bars, taverns, and nightclubs, as defined in this code and as permitted in Business Districts, as well as entertainment provided as an accessory use or activity in other businesses, are subject to the following regulations as well as the licensing regulations of Chapter 690 and other applicable provisions of the Codified Ordinances.
(c) Outdoor Dining Patios. An outdoor dining patio area that is located within two hundred (200) feet of a Residential District or dwelling unit shall be permitted as a Conditional Use in accordance with the provisions of Section 329.041. No music performance shall take place and no sound amplifying device shall be operated on any outdoor dining patio or other outdoor area or shall be directed to be heard from such areas between the hours of 1:00 a.m. and 7:00 a.m.
Section 329.041 Conditional Uses
The Board of Zoning Appeals shall consider an application for approval of any use permitted as a Conditional Use in a particular zoning district in accordance with the following provisions.
(f) Criteria for Specific Uses. The following criteria for approval shall apply to Conditional Uses specified in this division.
(1) Outdoor Dining Patios. In considering approval of a Conditional Use Permit application for an outdoor dining patio or area in accordance with the provisions of division (c) of Section 343.15, the Board of Zoning Appeals shall determine whether the proposal meets the following criteria, in addition to the criteria of division (d) of this section.
A. The outdoor area is located or configured in a manner that will prevent noise, vibration, and exterior lighting from disturbing occupants of nearby residences or likely future residences in proximity to the outdoor area.
B. Sound volumes from entertainment to be performed or broadcast on the outdoor dining area will be limited so as not to disturb occupants of nearby residences or likely future residences.
Section 349.04 Required Parking Spaces
Accessory off-street parking spaces shall be provided and maintained in accordance with the requirements set forth in the following table:
Uses
Required Accessory Off-Street Parking Spaces
(f) Retail Sales Uses
Bars, taverns, restaurants, luncheonettes, cafeterias, boarding houses and other eating places
One for each employee, plus one for each 100 square feet of floor area devoted to patron use or one for each four seats based on maximum seating capacity, whichever is greater, plus one for each eight seats on an outdoor dining patio.
Nightclubs
Total parking area equal to three times the gross floor area or one parking space for each four seats based on maximum seating capacity, whichever is greater, plus one parking space for each eight seats on an outdoor dining patio
Amendments needed to Administration Zoning Proposal:
Section 343.15 Restaurants, Bars, Taverns, Nightclubs and Accessory Entertainment Uses
(Entertainment)
Restaurants, bars, taverns, and nightclubs, as defined in this code and as permitted in Business Districts, as well as entertainment provided as an accessory use or activity in other businesses, are subject to the following regulations as well as the licensing regulations of Chapter 690 and other applicable provisions of the Codified Ordinances.
(a) Entertainment. In ALL Retail Districts, entertainment provided in any restaurant, tavern or bar as well as an accessory use or activity in any business, shall be limited to unamplified acoustic musical instruments or other entertainment that produces noise levels no greater than that produced by unamplified acoustic musical instruments. In all zoning districts, the space in which the entertainment will take place shall be situated, designed and configured in a manner that ensures that no noise or vibration emanating from such use will be perceptible on the premises of any Residential District or dwelling unit existing at the time of the establishment of the use other than a dwelling unit located in the same building as the entertainment activity. In all zoning districts, noise associated with such entertainment shall be regulated by the provisions of Sections 605.10 and 683.01.
Section 343.11 General Retail Business Districts
(b) Permitted Buildings and Uses. The following buildings and uses are permitted in a General Retail Business District; and no buildings or premises shall hereafter be erected, altered, used, arranged or designed to be used, in whole or in part for other than one or more of the following specified uses:
(1) Except as otherwise provided in this Zoning Code, all uses permitted and as regulated in any Local Retail Business District.
(2) All retail business uses and buildings specified in division (b) of Section 343.01, and uses and buildings to provide for:
L. Entertainment venues as defined by Section 690.01, nightclubs, or a social, sport or recreational center, but excluding any entertainment use as defined by Section 343.15 (A) Any such use that is operated as a business either as the principal use or an accessory use of a place shall be permitted only as a Conditional Use in accordance with the provisions of Section 329.041, An outdoor dining area that is accessory to any such entertainment, amusement or recreation use shall be permitted as a Conditional Use in accordance with the provisions of section 329.041 and 343.15.
Section 343.15 Restaurants, Bars, Taverns, Nightclubs and Accessory Entertainment Uses
(PATIO's) Restaurants, bars, taverns, and nightclubs, as defined in this code and as permitted in Business Districts, as well as entertainment provided as an accessory use or activity in other businesses, are subject to the following regulations as well as the licensing regulations of Chapter 690 and other applicable provisions of the Codified Ordinances.
(c) Outdoor Dining Patios. An outdoor dining patio area that is located within two hundred (200) feet of a Residential District or dwelling unit shall be permitted as a Conditional Use in accordance with the provisions of Section 329.041.
(d) Only by an additional Conditional Use Permit by the Board of Zoning Appeals in accordance with the provisions of Section 329.041 that music performances shall take place and/or any sound amplifying devices shall be operated on any outdoor dining patio or other outdoor area. And shall not be directed to be heard from such areas between the hours of 10:00 p.m. and 10:00 a.m. unless stipulated by the conditions within a Conditional Use Permit and subject to current noise ordinances and penalties within 605.10 and 683.01.
Section 329.041 Conditional Uses
The Board of Zoning Appeals shall consider an application for approval of any use permitted as a Conditional Use in a particular zoning district in accordance with the following provisions.
(f) Criteria for Specific Uses. The following criteria for approval shall apply to Conditional Uses specified in this division.
(1) Outdoor Dining Patios. In considering approval of a Conditional Use Permit application for an outdoor dining patio or area in accordance with the provisions of division (c) of Section 343.15, the Board of Zoning Appeals shall determine whether the proposal meets the following criteria, in addition to the criteria of division (d) of this section.
A. The outdoor area is located or configured in a manner that will prevent noise, vibration, and exterior lighting from disturbing occupants of nearby residences or likely future residences in proximity to the outdoor area.
B. Sound volumes from entertainment to be performed or broadcast on the outdoor dining area will be limited so as not to disturb occupants of nearby residences or likely future residences.
Section 349.04 Required Parking Spaces
Accessory off-street parking spaces shall be provided and maintained in accordance with the requirements set forth in the following table:
Uses
(f) Retail Sales Uses
Bars, taverns, restaurants, luncheonettes, cafeterias, boarding houses and other eating places
One for each employee, plus one for each 100 square feet of floor area devoted to patron use or one for each four seats based on maximum seating capacity, whichever is greater, plus one for each four seats on an outdoor dining patio.
Nightclubs
Total parking area equal to three times the gross floor area or one parking space for each four seats based on maximum seating capacity, whichever is greater, plus one parking space for each four seats on an outdoor dining patio
These are the members of the City of Cleveland Planning Commission.
Please review the City of Cleveland Planning Commission web site:
Required Accessory Off-Street Parking Spaces
Lawrence A. Lumpkin
Gloria Jean Pinkney
Jennifer Coleman ALT.
Dave Johnson ALT.
I recommend you send you letters or emails to the Attention of Director Robert Brown. And to each member of City Council and the Mayor's Action Center. See emails below.
I also attached a few older flyers that will depict what is coming to a corner bar near you.
CLEVELAND CITY PLANNING COMMISSION
RobertCLEVELAND CITY PLANNING COMMISSION Robert N. Brown, Director 601 Lakeside Ave. City Hall Room 501 Cleveland, Ohio 44114 Phone: 216-664-2210 ~ Fax: 216-664-3281 Respectfully Submitted,
Henry P. Senyak
216-771-6620 Home
216-798-6620 Cell
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FORM LETTER TO PLANNING COMMISSION/CITY COUNCIL REPRESENTATIVES
City of Cleveland Planning Commission
City of Cleveland
601 Lakeside Ave. (Room 501)
Cleveland, Oh. 44114
RE: New Proposed Zoning and Licensing Legislation for Entertainment Venues
Dear Chairperson Coyne and Distinguished Commission members;
I have been made aware of sweeping proposed legislative changes to current zoning and licensing ordinances by departmental request. I also understand this legislation has had its first reading at City Council on March 14th 2011 and needs Planning Commission approval along with approval of other City Council Committee’s before being re-introduced for passage into law.
While I see the need for extensive changes and agree with the majority of proposals in the legislation. I cannot support the legislation in total unless several amendments are made to revise the zoning portion of the proposal by the City Administration.
The Community currently has the right to attend Zoning Appeal hearings to either support or oppose entertainment uses. The new proposal takes away distance requirements for any location not classified under the new nightclub definition wishing to provide live bands and DJ’s starting in General Retail districts. This then would permit small venues with a dance floor under 400 square foot to provide entertainment without the need for a zoning variance and without community engagement to approve such an extreme change of use. This is unacceptable and we need to insure engagement and planning either by zoning variance or preferably applying the newly created Conditional Use Permit as a standard for entertainment uses outside of acoustical performances first allowed in Local Retail districts in the proposal.
After further review of the legislative proposals I find it not acceptable to allow any outdoor patio area if approved and permitted via a Conditional Use Permit to have entertainment performances or sound devices as an allowable standard. The fact of allowing noise to emanate from such a use to 1AM in the morning seven days a week will not be harmonious with surrounding residents. This will lead to tensions and will end up being a burden on the Division of Police. Such uses need to again be addressed via a Special Conditional Use Permit approved in addition to the patio expansion itself. Sound travels and near-by residents or uses may not be impacted or be blocked by an acoustic shadow but this could impair inhabitants right to privacy blocks away.
One other concern within the legislation seems to be lowering the need for off-street parking requirements for expansions of use. I feel most locations do not have adequate off- street parking period. Further creating an atmosphere with legalizing entertainment uses and the only parking available is on residential neighborhood streets will be detrimental to the peace and tranquility of our community.
Sincerely,
____________________________________________
____________________________________________
CC: All Cleveland City Council members
Mayors Action
CLOSED SESSION - AD-HOC COMMITTEE DRAFTING LEGISLATION
To those of you living in the Cleveland City Limits, new laws are about to be presented to the Cleveland City Council for approval and adoption as part of our City Codified Ordinances.
If this legislation is passed as written it will open the doors and create a freeway for dancehalls, bar rooms, nightclubs and restaurants to bang well into the night with loud music and noise (live entertainment) with absolutly no recourse for enforcement.
This legislation was drafted in closed Ad-Hoc Committee meeting spearheaded by Ward 3 Councilman Joe Cimperman and City Planning Commission Director Robert Brown.
Even though I participated in the initial Ad-Hoc Committee assemblies for new legislation, I was not invited to this round of discussions. As a matter of fact, my contact at City Hall informed me that if I attempted to attend, I would be escourted out by an officer of the law. Apparently, no input from the residential citizens was neither welcomed nor wanted.
This legislation will open the gate for every Bounce, Moda, Etc., to operate right in your front yard with Robert Brown (who doesn't even live in the Cleveland City limits) and Cimperman's approval with no consequences.