File #: O-353-18    Version: 1 Name:
Type: Ordinance Status: Agenda Ready
File created: 8/17/2018 In control: City Council
On agenda: 8/28/2018 Final action: 12/31/2018
Title: Amending Toledo Municipal Code, Part Eleven, Planning and Zoning, Chapters 1104, 1107 and 1116 for Special Use Permit (SUP) for Sweepstake Terminal Cafes; and declaring an emergency.
Attachments: 1. Plan Commission Report

Label
Zoning & Planning Committee

Title
Amending Toledo Municipal Code, Part Eleven, Planning and Zoning, Chapters 1104, 1107 and 1116 for Special Use Permit (SUP) for Sweepstake Terminal Cafes; and declaring an emergency.

Body
SUMMARY & BACKGROUND:
Use Regulations

Currently the Zoning Code categorizes Sweepstake Terminal Cafes under the Indoor Sports and Recreation, Participant use category which is permitted by right within the Regional Commercial (CR), Downtown Commercial (CD), and Limited Industrial (IL) zoning districts. Other than complying with the appropriate zoning classification, there is little land use regulation on Sweepstake Terminal Cafes. As a result, the proposed Text Amendment will require Sweepstake Terminal Cafes to obtain a Special Use Permit and only locate in the CR zoning district. Additionally, new use regulations for Sweepstake Terminal Cafes would be enacted under TMC?1104.2500, including hours of operation and spacing requirements intended to enhance the existing licensing requirements.

As stated in TMC Part Seven: Business Regulation Code Chapter 736.03(a), a Sweepstake Terminal Cafe is required to obtain an annual license from the City of Toledo Department of Finance, Division of Taxation and Treasury. Included in TMC Part Seven is the regulation of Sweepstake Terminal Cafe locations. As listed in Chapter 736.06(a), no license shall be granted to a Sweepstake Terminal Cafe that is within 500 feet from the boundaries of a parcel of real estate having situated on it a school, public library, public playground.

The proposed Text Amendment applies additional spacing limitations on the locations of Sweepstake Terminal Cafes that is consistent with other commercial uses which have the potential to create negative secondary effects on surrounding property owners and/or neighborhood. The proposed spacing requirement is similar to the existing regulations for Convenience Stores and would require Sweepstake Terminal Cafes to bea...

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