§ 153.172 USES.
   (A)   Intent. This section establishes the desired uses for land and buildings in each of the four Historic Zoning Districts. This is achieved through the variety of permitted, conditional, accessory, and temporary uses allowed in each district. In some cases, special siting and size limitations to establish the desired development character apply.
   (B)   General provisions.
      (1)   Permitted and conditional uses available in each of the Historic Zoning Districts are shown in Table 153.172A. Permitted and conditional uses may be restricted by location, size, period of operation, or other use-specific standards as designated herein and within the Historic Design Guidelines.
      (2)   Table 153.172A – Explanation of Terms.
         (a)   Listed uses are defined in § 153.002: Definitions.
         (b)   A “P” in a cell indicates a use that is permitted by right in that zoning district, subject to compliance with any use specific standards referenced in Table 153.172A and the applicable provisions herein.
         (c)   A “C” in a cell indicates a use that is allowed in that zoning district only upon approval of a conditional use as described in § 153.236 and compliance with any use specific standards referenced in Table 153.172A and the applicable provisions herein.
         (d)   A “S” in a cell indicates a use that is allowed in that zoning district only if limited in size, subject to compliance with any use specific standards referenced in Table 153.172A and the applicable provisions herein.
         (e)   A “T” in a cell indicates a use that is allowed in that zoning district for a limited period of time pursuant to a permit from the city, subject to compliance with any use specific standards referenced in Table 153.172A and the applicable provisions herein.
         (f)   A blank cell indicates that the use is prohibited in that district.
      (3)   Use specific standards. Additional standards may apply to either permitted or conditional uses in the Historic Zoning Districts. These additional standards are cross referenced in the last column of Table 153.172A .
      (4)   Existing uses.
         (a)   All permitted or conditional uses under the zoning applicable to a property immediately prior to its rezoning into a Historic Zoning District shall continue to be allowed as permitted or conditional uses on the property, including any expansions of uses or structures as permitted by this chapter, in addition to the permitted and conditional use under the applicable Historic District, provided at least one of the permitted or conditional uses under the prior zoning has been operated continuously in an existing structure and/or associated use area on the property within the 12 months prior to the rezoning of the property into the Historic Zoning District.
         (b)   Once a use that complies with the Historic Zoning District is established on a lot or parcel, no non-Historic Zoning District use permitted in the prior zoning district may be reestablished. For multiple tenant buildings in existing districts, no non-Historic Zoning District use permitted in the prior zoning district may be reestablished after the entire multiple tenant building is abandoned or all tenant spaces have established uses that comply with those listed for the applicable Historic Zoning District.
      (5)   Similar use determination.
         (a)   When a proposed land use is not explicitly listed in Table 153.172A, the Director shall determine whether it is reasonably included in the definition of a listed use, or that the proposed use meets the following criteria to the extent that it should be treated as a permitted or conditional use in the district.
            1.   The use is not specifically listed in any of the Historic Zoning Districts.
            2.   The use is generally consistent with the intent of the Historic Zoning Districts and this chapter.
            3.   The use will not materially impair the present or potential use of other properties within the same district or bordering districts.
            4.   The use has no greater potential impact on surrounding properties than those listed in the district in terms of aesthetics, traffic generation, noise, potential nuisances, and other impacts related to health, safety, and welfare.
            5.   The use will not adversely affect the relevant elements of the Community Plan, the Historic Design Guidelines, and any other relevant plans or documents.
         (b)   The Director’s written determination shall be provided to the applicant and may be appealed to the Architectural Review Board.
      (6)   Principal uses. Any property is permitted any combination of principal uses in accordance with the requirements of this section and other applicable provision of this section.
      (7)   Accessory uses.
         (a)   Accessory uses are permitted only in connection with a permitted or approved conditional use on the same property and must be clearly subordinate and incidental to that use.
         (b)   Temporary uses are governed by time limits as provided by this code.
         (c)   Any principal use listed in a zoning district in Table 153.172A shall be permitted as an accessory use in the same zoning district.
      (8)   Use table.
TABLE 153.172A: HISTORIC ZONING DISTRICT - USE TABLE
P=Permitted
C=Conditional
S=Size Limited
T=Time Limited
Historic Core (HC)
Historic South (HS)
Historic Residen tial (HR)
Histo ric Publi c (HP)
Use Specific Standar ds
TABLE 153.172A: HISTORIC ZONING DISTRICT - USE TABLE
P=Permitted
C=Conditional
S=Size Limited
T=Time Limited
Historic Core (HC)
Historic South (HS)
Historic Residen tial (HR)
Histo ric Publi c (HP)
Use Specific Standar ds
Residential Permitted Uses
Dwelling, Single Family
 
P
P
 
YES
Dwelling, Live-Work
P
P
 
 
YES
Dwelling, Two-Family
P
P
 
 
 
Civic/Public/Institutional Permitted Uses
Cemetery
 
 
 
P
 
Community Garden
P
P
P
P
YES
Day Care, Adult and Child
P
P
 
 
YES
Educational Facility
P
P
 
P
 
Elementary or Middle School
 
 
 
P
 
Government Services, Safety
 
 
 
P
 
Civic/Public/Institutional Permitted Uses
High School
 
 
 
P
 
Library, Museum, Gallery
P
P
 
P
YES
Municipal Parking Lot
P
P
 
P
 
Religious or Public Assembly
C/S
C/S
 
C/S
YES
Parks and Open Space
P
P
P
P
 
Transportation, Park & Ride
 
 
 
C
 
Transportation, Transit Station
 
 
 
C
 
Commercial Permitted Uses
Animal Care, General Services, Veterinary Offices, and Veterinary Urgent Care and Animal Hospitals
P
P
 
 
YES
Artisan Production
P
P
 
 
 
Bank
P
P
 
 
 
Bed and Breakfast
P
P
 
 
YES
Conference Center
P/S
 
 
 
YES
Eating and Drinking
P
P
 
P
YES
Entertainment/Recreatio n, Indoor
C
C
 
C
YES
Office, General
P
P
 
 
 
Office, Medical
P
P
 
 
 
Parking, Structure
C
 
 
C
 
Parking, Surface Lot
C
 
 
 
YES
Personal Repair, & Rental Services
P/S/C
P/S/C
 
 
YES
Commercial Permitted Uses
Research & Development
P
P
 
 
 
Retail, General
P/S/C
P/S/C
 
 
YES
Wireless Communications
 
 
 
 
Refer to Chapter 99
Accessory and Temporary Permitted Uses
ATM, Walk-Up
P
P
 
 
 
Bicycle Facilities
P
P
P
P
 
Community Activity and Special Event
T
T
T
T
YES
Construction Trailer/Office
T
 
 
T
YES
Day Care, Adult or Child
P
P
P
P
YES
Dwelling, Accessory
P
P
P
 
YES
Dwelling Administration, Rental, or Sales Office
P
P
 
 
YES
Eating & Drinking
P
P/S/C
 
 
 
Essential Utility Services
P
P
P
P
 
Exercise and Fitness
P
P
P
P
 
Farmers Market
P
P
 
P
 
Food Trucks
T
T
T
T
YES
Home Occupation
P
P
P
 
YES
Outdoor Dining and Seating
P
P
 
P
YES
Outdoor Display or Seasonal Sales
T
T
 
T
YES
Accessory and Temporary Permitted Uses
Parking, Structure
C
 
 
C
 
Parking, Surface Lot
P
P
 
P
 
Renewable Energy Equipment
P
P
P
P
YES
Residential Model Home
T
T
 
 
 
Retail or Personal Services
P
P
 
 
 
Swimming Pool
 
P
P
P
YES
Transportation, Transit Stop
P
P
 
P
 
Vehicle Charging Station
P
P
 
P
YES
Wireless Communications
 
 
 
 
Refer to Chapter 99
 
   (C)   Use specific standards.
      (1)   Residential uses.
         (a)   Dwelling, single-family.
            1.   Single-family detached dwellings shall have no more than one principal building and its permitted accessory structures located on each lot.
            2.   Single-family dwellings in the Historic Residential (HR) District shall meet the requirements of § 153.173.
         (b)   Dwelling, live-work.
            1.   No more than two non-resident employees are permitted in addition to the resident(s) of the dwelling.
            2.   The non-residential use must be operated by a resident of the live-work dwelling unit.
            3.   Signs are permitted in accordance with § 153.173(M).
      (2)   Civic/public/institutional uses.
         (a)   Community garden.
            1.   Incidental sales of items grown on the premises are permitted. Areas used for sales shall be located at least ten feet from the edge of the pavement of any street. Parking shall be located off-street or in permitted on-street locations.
            2.   Refuse and compost bins must be constructed to be rodent-resident and located as far as practicable from abutting residential uses. Refuse must be removed from the site at least once a week.
            3.   No outdoor work activity that involves power equipment or generators may occur after 9:00 p.m. or prior to 7:00 a.m.
            4.   One accessory building, not exceeding 100 square feet in gross floor area, may be permitted, provided the location meets all setback requirements applicable to accessory buildings as provided in § 153.074.
         (b)   Day care, adult and child.
            1.   The use shall at all times comply with the requirements of R.C. Chapter 5104.
            2.   Outdoor recreation areas shall be located to the side or rear of the principal structure and be enclosed with a permitted fence. The outdoor recreation area shall be screened using fencing and/or landscaping to provide a minimum 50% opaque screen.
            3.   All outdoor play equipment and shade structures visible from the right-of-way or surrounding properties shall use subdued, earth tone colors.
         (c)   Library, museum, gallery. Incidental sales of refreshments and items related to exhibits or activities at the facility are permitted.
         (d)   Religious or public assembly. Religious or public assembly structures shall be limited to no more than 100,000 square feet of gross floor area, not including associated parking structures.
      (3)   Commercial uses.
         (a)   Animal care, general services, veterinary offices, and veterinary urgent care, and animal hospitals. All activities shall be conducted indoors. No outdoor animal exercise or activity areas shall be permitted.
         (b)   Bed and breakfast.
            1.   The property owner shall reside on the property and/or manage the facility. No more than eight guest units are permitted.
            2.   Guest accommodations are limited to short-term stays of no more than 14 days.
         (c)   Conference center.
            1.   A one-half acre minimum site size.
            2.   A 3,000-square foot maximum building size.
            3.   All parking must be provided on-site.
            4.   An access management plan demonstrating the ability of the site to accommodate vehicular traffic during peak periods must be approved by the Architectural Review Board.
            5.   Ground-story, street-facing transparency shall be a minimum of 40%.
         (d)   Eating and drinking.
            1.   Eating and drinking facilities shall be limited to no more than 3,500 square feet of gross floor area in the Historic Core and Historic South Districts, unless otherwise approved by the Architectural Review Board.
            2.   Deliveries and refuse (such as but not limited to grease traps, recycling, and trash) pick-up in the Historic South District shall be limited to between the hours of 8:00 a.m. local time and 5:00 p.m. local time.
         (e)   Entertainment/recreation, indoor.
            1.   Indoor entertainment or recreation uses in the Historic Public District must be owned and operated by either a public or non-profit organization and may not exceed 20,000 square feet of gross floor area unless otherwise approved by the Architectural Review Board.
            2.   Indoor entertainment or recreation uses in the Historic Core and Historic South Districts may not exceed 3,000 square feet of gross floor area unless otherwise approved by the Architectural Review Board.
         (f)   Parking, surface lot.
            1.   All surface parking lots shall meet the surface parking lot design requirements of § 153.173(F).
            2.   When constructed as a principal use, surface parking lots shall not have frontage on or have direct access to West Bridge Street or High Street unless permitted by the City Engineer.
         (g)   Personal repair, and rental services.
            1.   Personal, repair, and rental service establishments shall be limited to no more than 5,000 square feet for single tenant buildings or for multi-tenant buildings in the Historic Core and Historic South Districts, unless otherwise permitted as a conditional use.
         (h)   Retail, general. To avoid large, single tenant uses that detract from the urban, walkable intent of the Historic Districts, general retail uses in the Historic Core and Historic South Districts shall be limited to no more than 5,000 square feet of gross floor area, unless otherwise approved by the Architectural Review Board.
      (4)   Accessory and temporary uses.
         (a)   Community activity and special event.
            1.   The site of the activity or event shall be adequately served by utilities and sanitary facilities.
            2.   The activity or event shall not become a safety hazard or public disturbance and shall not cause substantial adverse impacts on surrounding properties or land uses by creating excessive noise, glare, heat, dust, odors, or pollutants as determined by the Chief Building Official, Fire Marshall, and/or Police Chief.
            3.   A permit shall be obtained for the community activity or special event from the City of Dublin Events Administration.
         (b)   Construction trailer/office. Construction trailers and/or offices shall comply with the setbacks applicable to principal structures on the property, but are not required to comply with street frontage requirements for building types. Construction trailers and/or offices shall comply with the provision of § 153.097.
         (c)   Day care, adult or child.
            1.   The use shall at all times comply with the requirements of R.C. Chapter 5104.
            2.   Outdoor recreation areas shall be located to the side or rear of the principal structure and be enclosed with a permitted fence. The outdoor recreation area shall be screened using fencing and/or landscaping to provide a minimum 50% opaque screen.
            3.   All outdoor play equipment and shade structures visible from the right-of-way or surrounding properties shall use subdued, earth toned colors.
            4.   Adult and/or child day care uses are prohibited in civic building types as the sole principal use.
         (d)   Dwelling, accessory. An accessory dwelling located in a single-family dwelling must comply with the following standards:
            1.   No more than one accessory dwelling unit is permitted on a lot with a single-family dwelling.
            2.   An accessory dwelling unit shall be limited to no more than 800 square feet of gross floor area.
            3.   When accessory to a single-family dwelling, the accessory dwelling unit may be located either within the single-family dwelling structure or in a permitted accessory structure.
            4.   When accessory to a single-family dwelling, the accessory dwelling unit shall have a separate entrance from the principal dwelling unit, and that entrance shall not face the front lot line and shall not be located on the same building façade as the principal building entrance closest to the street.
            5.   The owner of the dwelling must occupy either the principal dwelling unit or the permitted accessory dwelling unit.
            6.   Ownership of the accessory dwelling unit may not be separate from the ownership of the principal dwelling unit.
         (e)   Dwelling administration, rental, or sales office. These uses shall comply with the provisions of § 153.073(B) and setbacks applicable to principal structures on the property.
         (f)   Food trucks.
            1.   Each food truck shall maintain all valid licenses required by the city, county or state for operation of a business including but not limited to all applicable licenses for a food service business.
            2.   Each food truck intended to be moved by a motorized vehicle shall maintain a valid registration within the most recent 12-month period.
            3.   For property with a residential primary use, food trucks may operate on a property for no more than six hours per calendar month, and in no case may be stored on a property outside an enclosed structure. No food truck shall operate before 8:00 a.m. or after 10:00 p.m.
            4.   For a property with a non-residential primary use, mixed-use, or a vacant commercial parcel, may not operate on a property for more than 14 calendar days per month, and no food truck shall operate before 6:00 a.m. or after 10:00 p.m.
            5.   Food trucks located within the right-of-way shall be subject to the City of Dublin Police regulations and enforcement.
            6.   Each food truck shall provide a trash receptacle near the food truck, shall prevent the accumulation of litter or containers from the food truck within 50 feet of the food truck, and shall remove and empty the trash receptacle in a permitted location when the food truck ends sales for the day.
            7.   Food trucks shall not impede safe site circulation, as determined by the City Engineer.
            8.   Food trucks shall not use speakers or audio amplification. All associated equipment shall be contained within or on the food truck.
         (g)   Home occupations. All home occupations in the Historic Districts shall comply with the provisions of § 153.073.
         (h)   Outdoor dining and seating.
            1.   Outdoor dining and seating areas, furniture, and enclosures shall be set back at least five feet from the curb and at least five feet from all street trees and street furniture. In no case shall these amenities be placed in a manner that would provide less than six feet of clear area for pedestrian use.
            2.   The use of outdoor speakers shall comply with the provisions of § 132.03(A)(6) of the Dublin City Code.
            3.   Advertising is not permitted on dining furniture, accessories, or other similar amenities.
            4.   Dining furniture shall be of the same design, material and color for all furniture associated with the use. When not in regular use, outdoor furniture shall be stored in a location that is not visible to the public, unless the patio furniture is all-weather material, set up for use and not covered in any way, and weather conditions make the use of furniture possible.
            5.   Any speaker emitting music or sound shall be oriented to direct the sound away from all surrounding properties, parks, and open spaces.
            6.   Any speaker emitting music or sound shall not operate between the hours of 11:00 p.m. and 8:00 a.m., unless otherwise approved by the Architectural Review Board.
         (i)   Outdoor display or seasonal sales.
            1.   Outdoor seasonal plant display shall comply with the provisions of § 153.099.
            2.   Outdoor sale of merchandise is permitted, and shall comply with the provisions of § 153.099. Merchandise shall only be displayed during the hours of operation for the principal use. No permit is required.
            3.   Outdoor sales of Christmas trees and pumpkins shall comply with the provisions of Chapter 116 of the Dublin City Code.
         (j)   Renewable energy equipment.
            1.   For regulations pertaining to renewable energy equipment - solar refer to § 153.074, Accessory Uses and Structures.
         (k)   Residential model home. Residential model homes shall comply with the provisions of § 153.073(B).
         (l)   Swimming pool. Residential swimming pools are permitted in accordance with § 153.074(C).
         (m)   Vehicular charging stations.
            1.   The vehicle charging stations shall be integrated into a permitted or accessory structure, and shall avoid the addition of freestanding structures and equipment to the maximum extent practicable.
            2.   Any sign or advertising located on the vehicle charging station or related structures shall be permitted a one-square-foot sign. Additional sign area above the one-square-foot will be counted towards the sign allowance for that type of sign applicable to the primary structure on that lot.
(Ord. 03-21, passed 2-22-21; Am. Ord. 70-22, passed 6-12-23)