§ 153.059 USES.

(A) Intent.

(1) The intent of § 153.059 is to establish uses for land and buildings desired in each BSD zoning district based on the vision for each area described in the Dublin Community Plan (Bridge Street District Area Plan) and the Bridge Street District's five Vision Principles. This is achieved through the variety of permitted, conditional, accessory and temporary uses allowed in each zoning district. In some cases, special siting and size limitations to establish the development character articulated in the Dublin Community Plan apply.

(2) This section ensures vibrant, mixed-use, pedestrian-oriented development by emphasizing certain uses in each zoning district and positioning the Neighborhood Districts to thrive as critical activity nodes by concentrating commercial activity in these special character areas. Refer to § 153.063, Neighborhood Standards, for the neighborhood district requirements.

(3) The titles of each zoning district describe the predominant land use character and/or special geographic locations rather than a single type of use. Zoning district titles shall not be construed as requiring a particular use and shall not preclude other uses from being established in each district, as permitted in this section. Refer to § 153.058, BSD Districts Scope and Intent, for the intent of each zoning district.

(B) General provisions.

(1) Permitted and conditional uses available in each BSD zoning district are shown in Table 153.059-A. Permitted and conditional uses may be restricted by location, size, period of operation, or other use-specific standards as designated in Table 153.059-A.

(2) Table 153.059-A - Explanation of terms.

(a) Listed uses are defined in § 153.002(A).

(b) A "P" in a cell indicates a use that is permitted by right in that BSD zoning district, subject to compliance with any use specific standards referenced in the use table and the applicable provisions of this chapter.

(c) A "C" in a cell indicates a use that is allowed in that BSD zoning district only upon approval of a conditional use as described in § 153.236 and compliance with any use specific standards referenced in the use table and the applicable provisions of this chapter.

(d) An "S" in a cell indicates a use that is allowed in that BSD zoning district only if limited in size, subject to compliance with any use specific standards referenced in the use table and the applicable provisions of this chapter.

(e) A "T" in a cell indicates a use that is allowed in that BSD 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 the use table and the applicable provisions of this chapter.

(f) A blank cell indicates that the use is prohibited in that district.

(3) Use specific standards.

(a) Additional standards may apply to either permitted or conditional uses in a BSD zoning district. These additional standards are cross-referenced in the last column of Table 153.059-A as use specific standards and detailed in § 153.059(C).

(b) In some cases, additional restrictions on uses apply to specific building types in § 153.062(O) and to the Bridge Street District neighborhood districts in § 153.063.

(4) Similar use determination.

(a) When a proposed land use is not explicitly listed in Table 153.059-A, 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 other BSD zoning district.

2. The use is generally consistent with the intent of the BSD zoning district 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 generated, 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, including the Bridge Street District Area Plan.

(b) The Director's written determination shall be provided to the applicant and may be appealed to the Board of Zoning Appeals.

(5) Existing uses. The long range implementation of the Bridge Street District Area Plan requires sensitive treatment of existing uses that represent significant investments in the city. While it is the intent of the BSD zoning districts for development to ultimately meet the building and use requirements of this chapter, it is the intent of this section to permit existing uses to continue and to be considered conforming to this Code, even if the use or the building type is not otherwise permitted in the district, provided that the following requirements are met.

(a) All uses that were permitted or conditional uses under the zoning of a property immediately prior to its rezoning into a BSD zoning district shall continue to be allowed as permitted or conditional uses on the property. Expansions of uses within existing structures as permitted by § 153.062(B)(2) shall be permitted on the property provided that 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 areas on the property within the 12 months prior to the rezoning of the property into the BSD zoning district.

(b) Once a use that complies with the BSD zoning district is established on a lot or parcel and all existing uses have been abandoned or voluntarily discontinued, no non-BSD use of the prior zoning district may be re-established.

1. For parcels with a single existing structure configured as a multi-tenant building, once the entire multi-tenant building is abandoned, demolished and/or all tenant spaces have established uses under the applicable BSD zoning district, no non-BSD use permitted in the prior zoning district may be re-established on the parcel.

2. For parcels with multiple existing structures, only after all buildings have been abandoned, demolished and/or all buildings have established uses under the applicable BSD zoning district, no non-BSD use permitted in the prior zoning district may be re-established on the parcel.

(c) Abandonment of an existing use.

1. If an existing use is abandoned for any reason for a period of more than 12 months, only those uses allowed in the Bridge Street zoning district in which the property is located may be established. With regard to a multi-tenant building, the term "existing use" shall mean all of the existing uses in that building.

2. An existing use shall be determined by the Director to be abandoned if one or more of the following conditions exist:

a. Utilities, such as water, gas or electricity to the property, have been disconnected;

b. The property, buildings, or grounds have fallen into disrepair;

c. Signs or other indications of the presence of the use have been removed;

d. Equipment or fixtures necessary for the operation of the use have been removed; or

e. Other actions which, in the opinion of the Director, constitute an intention on the part of the property owner or lessee to abandon the use.

3. Once a use has been determined to be abandoned, any subsequent use shall comply with the provisions of § 153.059(B). Any new construction, including buildings, site features, parking areas, and other associated construction shall comply with the applicable provisions of §§ 153.057 through 153.066.

(d) Expansions of existing uses. An existing use may be enlarged, increased, or extended to occupy a greater area of buildings and lands only after a finding by the required reviewing body as required by § 153.066 that the enlargement, increase or extension meets all of the following standards:

1. The expansion does not have a substantial detrimental effect on, or materially impair the use and enjoyment of, adjacent uses or lots, and does not limit the ability for adjacent lots to develop in accordance with this chapter;

2. The buildings and area encompassing the expansion of the existing use complies with all parking, sign, or other regulations applicable to the area affected by the proposed enlargement, increase or extension of use area as required by the applicable provisions of §§ 153.057 through 153.066; and

3. The buildings and area encompassing the expansion of the existing use complies with any reasonable conditions imposed by the ART that are necessary to ensure that the proposed enlargement, increase, or extension of use area will not prove detrimental to adjacent properties or the surrounding community.

(e) Any existing use may be extended throughout any existing building or parts of a building which were manifestly arranged or designed for that use at the time of adoption of this amendment, but the existing use shall not be extended to occupy any land outside the existing building except as permitted by division (B)(5)(d) of this section and as approved by the required reviewing body.

(f) Existing structures. Refer to § 153.062(B)(2) for requirements related to existing structures.

(g) Refer to § 153.065(A)(2) for requirements related to nonconforming sites.

(6) Existing planned development districts. All planned developments that are effective on the date of adoption of the applicable BSD rezoning shall continue in effect and be considered conforming under this Code in addition to the permitted and conditional uses under the applicable BSD zoning district. This provision shall only apply to planned developments where no construction has commenced. The procedures for the implementation of these developments, including time limits for approval of final development plans or other time limits, must conform to the requirements of this chapter, to the extent the approved planned unit development text does not address the requirements.

(7) Principal uses. Any property is permitted any combination of principal uses in accordance with the requirements of this section and other applicable provisions of §§ 153.057 through 153.066.

(8) 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 153.059-A shall be permitted as an accessory use in the same zoning district.

(9) Use Table.

TABLE 153.059-A: PERMITTED AND CONDITIONAL USES IN BSD ZONING DISTRICTS

P = Permitted

C = Conditional Use

S = Size Limited

T = Time Limited

BSD Zoning Districts

Use Specific Standards See § 153.059(C)

Residential

Office Res.

Office

Commercial

Hist. Trans.

Indian Run

Sawmill Center

Vert. Mixed Use

Scioto River Neighborhood

Public

PRINCIPAL USES

Residential

Dwelling, Single-Family

P

(1)(a)

Dwelling, Two-Family

P

Dwelling, Townhouse

P

(1)(b)

Dwelling, Live-Work

C

P

(1)(c)

Dwelling, Multiple- Family

P

(1)(d)

Civic/Public/
Institutional

Cemetery

P

Community Center

C

P

(2)(a)

Community Garden

P

(2)(b)

Day Care, Adult or Child

C

P

(2)(c)

District Energy Plant

C

(2)(d)

Educational Facility

C

P

Elementary or Middle School

P

Government Services, Safety

C

P

High School

P

Hospital

C/ S

C/S

C/ S

(2)(e)

Library, Museum, Gallery

P

(2)(f)

Municipal Parking Lot

P

Religious or Public Assembly

C/S

(2)(g)

Parks and Open Space

P

Transportation, Park & Ride

C

Transportation, Transit Station

C

P

C

Commercial

Animal Care, General Services, Veterinary Offices, and Veterinary Urgent Care and Animal Hospitals

C

P

(3)(a)

Bank

C

P

Bed and Breakfast

(3)(b)

Conference Center

C

Eating and Drinking

C/ S

P/ S/ C

P

(3)(c)

Entertainment / Recreation, Indoor

C/ S

P/ S/ C

P/S /C

P/ S/ C

P

C

(3)(d)

Exercise and Fitness

C/ S

C

P

P/ S/ C

C

P

(3)(e)

Fueling / Service Station

C

(3)(f)

Hotel

P

Office, General

C

P

U

P

Office, Medical

C

P

Parking, Structure

P/ C

P/C

P/ C

P/C

P/ C

(3)(g)

Parking, Surface Lot

C

P

C

P

C

(3)(h)

Personal, Repair, & Rental Services

C/ S

P/S/C

P

(3)(i)

Research & Development

P

U

P

Retail, General

C/ S

P/ S/ C

P

P/ S/ C

P

(3)(j)

Sexually Oriented Business Establishment

C

(3)(k)

Skilled Nursing, Rehabilitation, Home for the Aging, and Nursing Homes

C

Vehicle Sales, Rental and Repair

C

(3)(l)

Wireless Communications

Refer to Chapter 99 of Dublin Code of Ordinances

ACCESSORY USES

ATM, Walk-Up

P

Bicycle Facilities

P

Community Activity and Special Event

T

(4)(a)

Construction Trailer/Office

T

(4)(b)

Day Care, Adult or Child

P

(2)(c)

Drive-in/Drive-t hrough

C

(4)(c)

Dwelling, Accessory

P

(4)(d)

Dwelling Administration, Rental, or Sales Office

P

(4)(e)

Eating & Drinking

C

P

Essential Utility Services

P

Exercise and Fitness

P

Farmers Market

C

P

Helipad/Heliport s

C

Home Occupation

P

(4)(f)

Outdoor Dining and Seating

P/ C

P/C

P/ C

P/C

P/ C

(4)(g)

Outdoor Display or Seasonal Sales

T

(4)(h)

Parking, Structure

P/ C

P/C

P/ C

P/C

P/ C

(3)(f)

Parking, Surface

P

(4)(i)

Renewable Energy Equipment

P

(4)(j)

Renewable Energy Equipment, Wind

C

(4)(k)

Residential Model Home

T

(4)(l)

Retail or Personal Services

C

P

Swimming Pool

P

Transportation, Transit Stop

P

Vehicle Charging Station

P

Wireless Communications

Refer to Chapter 99 of Dublin Code of Ordinances

(C) Use specific standards. Certain uses listed in this section may be permitted or conditional only with additional use specific standards. Additional use specific standards may apply to uses within specific building types and neighborhood districts; refer to § 153.062(O) for use and occupancy requirements based on building type and § 153.063 for use requirements for neighborhood districts.

(1) Residential uses.

(a) Dwelling, single-family.

1. Applications for development shall not contain more than 35 detached single-family dwelling units.

2. Development applications containing detached single-family dwelling units shall not be accepted if any of the property lines of the proposed units would be located within 400 feet of any single-family detached dwelling constructed or approved within the BSD Residential district after the effective date of this amendment.

3. No single-family detached dwelling unit may be constructed within 500 feet of the I-270 right-of-way as measured from the nearest property line.

4. Single-family detached dwellings shall have no more than one principal building and its permitted accessory structures located on each lot.

(b) Dwelling, townhouse.

1. If single-family attached residential units are located across the street from existing single-family detached dwellings, no more than eight attached units may be permitted in a building.

2. Ground floor residential uses are not permitted on Bridge Street in the BSD Historic Transition Neighborhood district.

(c) 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 § 153.065(H).

(d) Multiple-family. Multiple-family uses are not permitted on ground floor elevations fronting Principal Frontage Streets in the BSD Office Residential and Office districts.

(2) Civic/public/institutional uses.

(a) Community center. Incidental sales of such products as refreshments, athletic supplies for activities conducted on the premises, and similar products are permitted.

(b) 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. One, 24-square-foot sign shall be permitted, located at least ten feet from the edge of the street and not within the public street right-of-way.

2. Refuse and compost bins must be constructed to be rodent-resistant 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.

(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 adjacent 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) District energy plant. Incidental sales of electrical energy to public utilities are permitted.

(e) Hospital. Hospitals shall be limited to no more than 75,000 square feet of gross floor area per structure, not including associated parking structures.

(f) Library, museum, gallery. Incidental sales of refreshments and items related to exhibits or activities at the facility are permitted.

(g) 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.

(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) Eating and drinking.

1. Eating and drinking facilities shall be limited to no more than 3,500 square feet of gross floor area for single tenant buildings in the BSD Office, BSD Office Residential, and BSD Residential districts, unless otherwise permitted as a conditional use.

2. Eating and drinking facilities in multi-tenant buildings in the BSD Office, BSD Office Residential, and BSD Residential districts shall be limited to no more than 5,000 square feet of gross floor area, or 20% of the gross floor area of the ground floor of the principal structure, whichever is smaller, unless otherwise permitted as a conditional use.

3. Deliveries and refuse (such as but not limited to grease traps, recycling, and trash) pick-up in the Historic South shall be limited to between the hours of 8:00 a.m. local time and 5:00 p.m. local time.

(d) Entertainment or recreation, indoor.

1. Indoor entertainment or recreation uses shall be limited to no more than 25,000 square feet of gross floor area in the BSD Office, BSD Office Residential, BSD Residential, BSD Commercial, and BSD Vertical Mixed Use districts, unless otherwise permitted as a conditional use.

2. In the BSD Public district, the use must be owned and operated by either a public or nonprofit organization.

(e) Exercise and fitness.

1. To avoid large, single tenant uses that detract from the urban, walkable intent of the Bridge Street District, exercise and fitness uses shall be limited to no more than 10,000 square feet of gross floor area in the BSD Residential and BSD Historic Transition Neighborhood districts. Exercise and fitness facilities exceeding 10,000 square feet in this district may be permitted as conditional uses.

(f) Fueling/service station.

1. Fuel pumps shall be located on the same lot as a permitted building type.

2. Fuel pumps are not permitted between the principal structure and an adjacent principal frontage street.

3. Where pumps are facing any street type except for an alley or service street, a street wall at least three feet high shall be placed between the pumps and associated vehicular circulation area and the street. Refer to § 153.065(E)(2) for street wall requirements.

4. Each fueling/service station shall be buffered from adjacent properties as required in § 153.065(D)(4) and meet the applicable requirements of § 153.065(D)(5).

5. Motor vehicles may be continuously stored outdoors on the property for no more than 24 hours.

6. Refer to § 153.062(L) for vehicular canopy requirements.

(g) Parking, structure.

1. Parking structures completely lined by space available for occupancy along a public or private street frontage, and parking structures located on the interior of blocks with other building types located between the parking structure and the street, are permitted. All other parking structures, including podium parking structures with non-occupied space along public and private street frontages, are conditional uses.

2. When constructed as a principal use, either as a public or a private parking structure, no more than 75% of the parking spaces shall be used to provide the required accessory parking for other principal uses located within 600 feet of the structure, unless otherwise approved with a parking plan in accordance with § 153.065(B)(l)(f).

3. Where applicable, the building type requirements of § 153.062(O)(12) - (13) shall also apply.

(h) Parking, surface lot.

1. All surface parking lots shall meet the surface parking lot design requirements of § 153.065(B)(6).

2. When constructed as a principal use, surface parking lots shall not have frontage on or have direct access from a principal frontage street unless permitted by the City Engineer.

(i) Personal, repair, and rental services.

1. Personal, repair, and rental service establishments shall be limited to no more than 10,000 square feet for single tenant buildings in the BSD Office, BSD Office Residential, and BSD Residential districts, unless otherwise permitted as a conditional use.

2. Personal, repair, and rental services in multi-tenant buildings in the BSD Office, BSD Office Residential, and BSD Residential districts shall be limited to no more than 10,000 square feet of gross floor area, or 20% of the gross floor area of the ground floor of the principal structure, whichever is smaller, unless otherwise permitted as a conditional use.

3. Personal, repair, and rental service uses shall be limited to no more than 25,000 square feet of gross floor area in all other BSD zoning districts except the BSD Indian Run Neighborhood, BSD Sawmill Center Neighborhood and BSD Scioto River Neighborhood, unless otherwise permitted as a conditional use.

(j) Retail, general. To avoid large, single tenant uses that detract from the urban, walkable intent of the Bridge Street District, general retail uses in the BSD Residential, Office Residential, Office, Commercial, and Public districts shall be limited to no more than 20,000 square feet of gross floor area, unless otherwise permitted as a conditional use.

(k) Sexually oriented business establishment.

1. Sexually oriented business establishments shall be subject to the provisions of Chapter 120 of the Dublin Code of Ordinances.

2. No person shall operate, locate, or permit the location of a sexually oriented business establishment within 750 feet (as measured from property line to property line) of any residential use or district, school, preschool, adult or child care, religious or public assembly, or any other civic/public/institutional use (within the city or other municipality), or another sexually oriented business establishment.

(l) Vehicle sales, rental, and repair.

1. There shall be not more than one full access driveway for each 100 feet of lot frontage or portion thereof.

2. Vehicular use areas are not permitted between the principal structure and a principal frontage street. Where vehicular use areas are located between a principal structure and any other street type, a street wall shall be installed along that portion of the lot line between the vehicular use areas and the street. Refer to § 153.065(E)(2) for street wall requirements.

(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 Director and Fire Marshal.

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 provisions of § 153.097.

(c) Drive-in/drive-through.

1. Drive-in/drive-throughs are permitted only as accessories to banks in the BSD Vertical Mixed Use and BSD Historic Transition Neighborhood districts following approval of a conditional use application by the Planning and Zoning Commission.

2. Drive-in/drive-through vehicular stacking areas and associated service locations shall not be on the side of a building facing a principal frontage street. Where drive-in/drive-through access lanes are facing a non-principal frontage street, a street wall at least three feet high shall be placed between the access lanes and the street. Refer to § 153.065(E)(2) for street wall requirements.

3. No menu boards, speakers, or service windows shall be located between any façade of the principal structure and a front or corner side property line.

4. Drive-in/drive-through vehicle stacking spaces shall be at least 20 feet long. Stacking spaces may not impede on-site or off-site vehicular, bicycle, or pedestrian circulation. Where five or more stacking spaces are provided, the individual stacking lanes shall be clearly delineated. The number of stacking spaces and a traffic and pedestrian circulation plan shall be submitted by the applicant with the conditional use application and approved by the Planning and Zoning Commission.

5. Uses with drive-in/drive-through facilities shall be buffered from adjacent properties as required in § 153.065(D)(5).

6. Audible electronic devices such as loudspeakers, service order devices, and similar instruments shall not be located within 25 feet of the lot line of any residential district or use and shall be subject to § 132.03(A)(6) of the Dublin City Code.

7. Refer to § 153.062(L) for vehicular canopy location and design requirements.

8. Structures related to drive-in/drive-throughs shall not have frontage on, or be readily visible from, any shopping corridor.

9. Protective bollards, when used, shall be painted to match one of the colors used on the nearest structure with which the bollards are associated.

(d) Dwelling, accessory. An accessory dwelling located in a single-family, two-family, or townhouse dwelling must comply with the following standards:

1. No more than one accessory dwelling unit is permitted on a lot with a single-family, two-family, or townhouse dwelling. Where townhouse dwellings do not have individual lots, no more than one accessory dwelling unit is permitted for each townhouse unit in the development.

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 townhouse dwelling, the accessory dwelling unit may only be located in a permitted accessory structure or within the basement level of the principal dwelling.

5. When accessory to a single-family dwelling or two-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.

6. The owner of the dwelling must occupy either the principal dwelling unit or the permitted accessory dwelling unit.

7. 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(D) and setbacks applicable to principal structures on the property, but are not required to comply with street frontage requirements for building types unless the use is conducted within a permanent principal structure.

(f) Home occupation. In all BSD zoning districts, home occupations shall comply with the following standards.

1. The use must be conducted entirely within the principal dwelling or accessory buildings.

2. No business involving retail sales of goods on the premises is permitted.

3. No person not a member of the household residing on the premises shall work on the premises.

4. Not more than 25% of the ground floor gross floor area of the principal dwelling shall be devoted to the home occupation.

5. The exterior of the structure shall not be modified to accommodate the home occupation.

6. No display or signs pertaining to the home occupation shall be visible from the street.

7. No equipment shall be used that creates noise, vibration, sound, smoke, dust, odors, heat, glare, X-Ray or electrical disturbance to radio or television that is discernable in adjacent dwelling units or at the property line.

8. All home occupations that require a license from the state or city shall maintain a valid license at all times and shall operate in compliance with the terms of that license and all applicable regulations of the state or city at all times.

9. Home occupations shall not include or involve motor vehicle or equipment repair, the sale of weapons or hazardous materials, or other activities that would constitute a nuisance in a residential area.

(g) 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 require a conditional use. 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.

(h) 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(C)(2). 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.

(i) Parking, surface (accessory).

1. Where the non-residential gross floor area of the principal structure is 100,000 square feet or more and the principal structure is on a lot that is four acres or less, surface parking shall not be used to provide required parking. However, surface parking may be used for a maximum of 5% of the required spaces provided the parking lot is located to the side or rear of the principal structure and not fronting on a public street.

2. This requirement applies only to principal structures constructed after the effective date of this amendment.

(j) Renewable energy equipment, solar.

1. For regulations pertaining to renewable energy equipment - solar refer to § 153.074, Accessory Uses and Structures.

(k) Renewable energy equipment, wind.

1. Ground-mounted equipment for the collection of wind energy is permitted to the rear of the principal structure, may not exceed the maximum permitted height of the principal structure by more than 40 feet, and must be set back from each property line a distance equal to the height of the equipment that exceeds the height of the principal structure.

2. As an exception, within 200 feet of the I-270 right-of-way, ground-mounted wind energy equipment shall be limited to 150 feet, and must be set back from each property line a distance equal to the height of the equipment.

3. Height of the equipment is measured to the farthest extent of any part of the equipment.

4. Building-mounted equipment for the collection of wind energy must be integrated into the architectural character of the principal structure.

5. Rooftop-mounted equipment for the collection of wind energy shall be permitted to exceed the maximum permitted height of the principal structure by no more than 15 feet.

(l) Residential model home. Residential model homes shall comply with the provisions of § 153.073(D).

(Ord. 07-12, passed 3-26-12; Am. Ord. 22-14, passed 8-25-14; Am. Ord. 76-14, passed 8-25-14; Am. Ord. 114-14, passed 12-8-14; Am. Ord. 30- 16, passed 9-12-16; Am. Ord. 78-17, passed 11-20-17; Am. Ord. 03-21, passed 2-22-21; Am. Ord. 70-22, passed 6-12-22)