§ 153.072 BUILDING SETBACK LINES ALONG PUBLIC RIGHTS-OF-WAY OR PRIVATE STREETS.

(A) Intent. The intent of this section is to provide an efficient and predictable review process for rezoning and/or development applications within the Bridge Street District (BSD) zoning districts and to enhance Dublin's reputation for exceptional, carefully considered design and high quality development consistent with the Vision Principles and direction articulated in the BSD Special Area Plan in the Community Plan. The review and approval procedures and criteria help ensure that new development and redevelopment is served by adequate and efficient infrastructure so as not to burden the fiscal resources of the city, and to protect the health, safety, and general welfare of residents, occupants, and users of property in the BSD districts and surrounding areas of the city.

(B) Required Approvals.

(1) Summary. This section outlines the requirements and procedures for development review specifically within the BSD districts. The review procedures of this section shall be used for all development applications in a BSD district. Table 153.066-A, Summary Procedure Table, describes the review procedures applicable in all BSD districts.

(2) Abbreviations. The following abbreviations and terms are used in this section:

ART: Administrative Review Team

BZA: Board of Zoning Appeals

CC or Council: City Council

PD or Director: Planning Director

PZC or Commission: Planning and Zoning Commission

TABLE 153.066-A: SUMMARY PROCEDURE TABLE
R = Recommendation D = Decision A = Administrative Appeal RF = Review & Feedback
Type of Application	PD	ART	BZA	PZC	Council	Zoning Code Reference
Zoning Code Approvals
Zoning Map or Text Amendment	R			R	D	§ 153.234
Conditional Use	R			D		§ 153.236
Special Permit	R		D			§ 153.231(G)
Use Variance	R		R		D	§ 153.231(H)(3)
Non-Use (Area) Variance	R		D			§ 153.231(H)(2)
Other Approvals
Building Code Appeal			D			§ 153.231(I)
Bridge Street District Applications
Pre-Application	RF					§ 153.066(C)
Informal	RF			RF		§ 153.066(D)
Concept Plan	R			D		§ 153.066(E)
Concept Plan with a Development Agreement	R			R	D	§ 153.066(E)
Preliminary Development Plan	R			D		§ 153.066(F)
Final Development Plan	R			D		§ 153.066(G)
Amended Final Development Plan	R			D		§ 153.066(H)
Minor Project	R	D		A		§ 153.066(I)
Administrative Departure	R	D		A		§ 153.066(J)
Waivers	R			D		§ 153.066(K)
Master Sign Plan	R			D		§ 153.065(H)(2)(e)/ § 153.066(L) and (M)(8)
Parking Plan	R			D		§ 153.066 (N)(8)/ § 153.065(B)
Administrative Approval	D			A		§ 153.066(M)
Open Space Fee in Lieu	R			D		§ 153.066(N)(1)/ § 154.064(D)-(E)
Certificate of Zoning Plan Approval	D					§ 153.233/ § 153.066(O)(3)

(1) Purpose and Applicability.

(a) The purpose of the pre-application submittal is to provide a potential applicant with a non-binding review of a development proposal and to provide information on the procedures and policies of the city, including application review procedures.

(b) Pre-application reviews do not result in a development decision or permit, and shall not obligate the city or the developer to take any action on the proposal.

(2) Review Procedure.

(a) A request for a pre-application review shall be made in accordance with the provisions of division (O)(1) of this section.

(b) Requests shall be submitted to the Director, who shall be responsible for circulating any submittal material to the applicable departments for input.

(c) The Director and staff shall use reasonable efforts to conduct an expeditious review of the submitted materials and provide non-binding input and recommendations.

(d) The Director may schedule a meeting with the potential applicant to discuss the request or may provide a written summary of the staff review.

(e) Additional staff reviews of the pre-application submittal may be requested by the applicant prior to filing a formal application.

(f) Any and all written summaries of the pre-application review shall be forwarded to the required reviewing body with a formal application.

(D) Informal. Prior to submittal of an application for a Concept Plan (CP), an applicant may submit an informal application for review of a development concept with the PZC. Such submittal shall include a completed application form and supporting material sufficient to describe the development concept. The review of the informal submittal shall be non-binding upon the PZC and the applicant, however, it is intended to provide feedback by the PZC that should inform the preparation and subsequent review of the CP. The Planning Director shall prepare a brief analysis and comments that will be submitted to the PZC with the application.

(E) Concept Plan.

(1) Purpose and Applicability.

(a) The purpose of the Concept Plan (CP) is to provide a general outline of the scope, character, and nature of the proposed development that is consistent with the policy direction of the Community Plan and the BSD Special Area Plan, the requirements of the BSD Code, other related policy and regulatory documents, and the review criteria, and to consider the proposal within the context of existing and planned development within the vicinity of the project.

(b) The CP allows the required reviewing body the means to ensure that the proposed concept is consistent with the following:

1. That the proposed land uses are consistent with Community Plan, BSD Special Area Plan, and BSD Code;

2. That the proposed block framework and street network are generally compatible with the adopted plans, lead to the creation of a walkable, urban place;

3. That the proposed development concept generally fulfills the intent of the BSD Special Area Plan; and

4. That the proposed development concept has the potential to create a walkable, urban place.

(d) The CP review is intended to provide clear direction to the applicant by the required reviewing body resulting from its review and approval of the application.

(e) If the CP is approved by the required reviewing body it shall serve as a basis for preparation by the applicant of the Preliminary Development Plan (PDP) for the proposed development.

(f) For projects that will propose a development agreement due to the need for development timeframe, public infrastructure, public and private contributions, development restrictions, or other related items, City Council shall serve as the required reviewing body for the CP. In those cases, the Director and the Planning and Zoning Commission shall each review the CP and provide a recommendation to Council to approve, approve with conditions, or disapprove the CP.

(2) Review Procedure.

(a) The CP is a mandatory step in the development review and approval process for the BSD.

(b) An application for a CP shall be made in accordance with the provisions of divisions (E)(3) and (O)(1) of this section.

(c) The PZC shall be the required reviewing body for the CP in the BSD, unless a development agreement is proposed in conjunction with a proposed project, then City Council shall be the required reviewing body for the CP.

(d) The Director shall make a recommendation to the PZC for approval, approval with conditions, or denial of the CP application under the criteria of division (E)(4) of this section.

(e) The PZC shall review the CP application, the minutes of the PZC meeting if an informal review was requested by the applicant, the Director's recommendation, and render its decision based on the criteria of division (E)(4) of this section. In the instance the PZC is the required reviewing body, the Commission will render a decision for approval, approval with conditions, or denial and written record of the Commission's decision shall be provided.

(f) In the instance of a CP associated with a proposed development agreement, the Commission will make a recommendation of approval, approval with conditions, or denial to City Council.

(g) City Council shall review the CP application and the recommendations of PZC and the Director, and render its decision based on the criteria of division (E)(4) of this section of approval, approval with conditions, or denial.

(3) Submittal Requirements. It is the intent of these regulations that the CP shall indicate overall design of the proposed project. Information submitted should be comprehensive enough to enable the required reviewing body to understand the existing site and concept for the proposed development, and to evaluate consistency with the review criteria in division (E)(4) of this section. The applicant shall submit an application and supplemental materials as outlined in division (O)(1) of this section and determined by the Director.

(4) Review Criteria. The required reviewing body shall make its decision on an application for a CP based on each of the following criteria and may consider the recommendation of the Director and, if City Council is the required reviewing body, the recommendation of the PZC. For applications associated with a development agreement, the PZC shall apply these criteria in the formulation of its recommendation to City Council.

(a) The CP is consistent with the applicable policy guidance of the Community Plan, the BSD Special Area Plan, and other applicable city plans, and related policies;

(b) The CP conforms to the applicable requirements of the BSD Code;

(c) The illustrative lots and blocks, supporting street and pedestrian network, and internal circulation provide a coherent development pattern that conforms to the requirements of §§ 153.060 Lots and Blocks, 153.061 Street Types, and 153.065 Site Development Standards, and the conceptual locations of access points to surrounding streets will avoid adverse impacts on surrounding neighborhoods and traffic infrastructure;

(d) The proposed land uses allow for appropriate integration into the community, consistent with adopted plans, and align with the requirements of § 153.059 Uses;

(e) The conceptual buildings are appropriately sited and scaled to create a cohesive development character that complements the surrounding environment, and conforms to the architectural requirements of § 153.062 Building Types;

(f) The conceptual design of open spaces, including location and relationship to surrounding buildings, provides for meaningful public gathering spaces that benefit the community both within and outside the proposed development;

(g) The CP allows for the connection and or expansion of public or private infrastructure and the continued provision of services required by the city or other public agency; and

(h) The development concept conforms to the requirements of § 153.063 Neighborhood Standards, as applicable.

(F) Preliminary Development Plan.

(1) Purpose and Applicability.

(a) The purpose of the Preliminary Development Plan (PDP) is to establish a framework for the proposed development that is consistent with the requirements of the Community Plan, BSD Special Area Plan, BSD Code, BSD Design Guidelines, other adopted plans, policies, and regulations, and the review criteria.

(b) The PDP allows the PZC to ensure that the proposed development is consistent with the following:

1. That the street network and block framework provide a coherent and rational development pattern;

2. That the proposed street types provide for walkable urbanism;

3. That the proposed building types are appropriate to the location and surrounding neighborhood;

4. That the proposed development creates the urban setting envisioned by the applicable neighborhood standards;

5. That planned open spaces and building types within the development are integrated in order to complement each other;

6. That the proposed development is consistent with the general development requirements of the city with respect to such elements as infrastructure, transportation, and environmental considerations; and

7. That the proposed development will contribute to the creation of signature places in the city consistent with the BSD Special Area Plan through an evaluation of long-term phasing plans, transitional development conditions, and planned placemaking elements.

(c) The PDP is intended to establish the direction of the proposed development based on all applicable code requirements and shall refine the approved CP.

(d) If a PDP is approved by the PZC, such action shall be binding and shall serve as the basis for submittal of the Final Development Plan (FDP) for the proposed development or phases thereof.

(2) Review Procedure.

(a) An application for a PDP may not be submitted prior to the review and approval of a CP.

(b) The PDP is a mandatory submittal requirement prior to filing a FDP. However, the PDP may be combined with the FDP at the request of the applicant, by motion of the PZC following its approval of the CP, or if recommended by the Director and agreed by the applicant.

(c) An application for PDP shall be submitted in accordance with the provisions of divisions (F)(3) and (O)(1) of this section.

(d) The PZC shall be the required reviewing body for the PDP within the Bridge Street District.

(e) The Director shall make a recommendation for approval, approval with conditions, or denial of the PDP application under the criteria of division (F)(3) of this section.

(f) The PZC shall review the PDP application and the recommendation of the Director and render its decision based on the criteria of division (F)(3) of this section for approval, approval with conditions, or denial. A written record of the Commission's decision shall be provided to the applicant.

(3) Submittal Requirements. It is the intent of these regulations that a PDP shall provide information that is sufficient to ensure general conformity with the regulations and that can serve as a basis for the future consideration of a FDP. Information submitted should be sufficiently detailed to enable the PZC to understand the existing site and the PDP for the proposed development, and to evaluate consistency with the review criteria in division (F)(3) of this section. The applicant shall submit an application and supplemental materials as outlined in division (O)(1) of this section and determined by the Director.

(4) Review Criteria. The PZC shall make its decision on an application for a PDP based on each of the following criteria:

(a) The PDP shall be consistent with the approved CP, the record established by the required reviewing body, the associated staff report, and the Director's recommendation;

(b) The development is consistent with the Community Plan, BSD Special Area Plan, BSD Design Guidelines, other adopted city plans, and related policies;

(d) The proposed buildings are appropriately sited and scaled to create a cohesive development character that complements the surrounding environment, and conforms to the requirements of §§ 153.062 Building Types and 153.065 Site Development Standards;

(e) The proposed lots and blocks conform to the requirements of § 153.060 Lots and Blocks;

(f) The proposed street types conform to the requirements and standards of § 153.061 Street Types, including the general pattern of streets, blocks, and development reflected on the BSD Street Network Map and the conceptual locations of access points to surrounding streets to avoid adverse impacts on surrounding neighborhoods and traffic infrastructure;

(g) The proposed design of the internal circulation system, driveways, and any connections to the public realm provide for safe and efficient access for pedestrians, bicyclists, vehicles, and emergency services;

(h) The proposed design of buildings conforms to the BSD Code and is consistent with the BSD Design Guidelines, while integrating with nearby development;

(i) The proposed open spaces are appropriately sited and designed to conserve or enhance natural features as appropriate, enhance the community both within and outside the proposed development, and conform to the requirements of § 153.064 Open Spaces;

(j) The scale and design of the proposed development allows for the adequate provision of services currently furnished by or that may be required by the city or other public agency including, but not limited to, fire and police protection, public water and sanitary sewage services, recreational activities, traffic control, waste management, and administrative services;

(k) The proposed development conforms to the requirements of § 153.063 Neighborhood Standards, as applicable;

(l) The proposed development provides adequate stormwater management systems and facilities that comply with the applicable regulations of this code and any other applicable design criteria or regulations as adopted by the city or required by other government entities;

(m) The proposed development can be adequately serviced by existing and/or planned public or private infrastructure consistent with the city's most recently adopted capital improvements program;

(n) If the development is to be implemented in phases, each phase has adequate infrastructure to serve the development independently without the need for further phased improvements; and

(o) The proposed development demonstrates consistency with the recommendations, principles, and intent of all applicable design standards and guidelines, including but not limited to buildings, open spaces, and streetscapes.

(G) Final Development Plan.

(1) Purpose and Applicability.

(a) The purpose of the Final Development Plan (FDP) is to confirm compliance with the PDP, all requirements of the BSD Code, Community Plan, BSD Special Area Plan, BSD Design Guidelines, and other adopted plans, policies, and regulations, and the review criteria.

(b) The FDP allows the PZC to ensure that the proposed development is compliant with the following:

1. That the street network and block framework provide a coherent and rational development pattern;

2. That proposed street types provide for walkable urbanism;

3. That the proposed building types are appropriate to the location and neighborhood, including assuring that the dimensions of a parcel meet the lot size requirements for the applicable building type;

4. That the architecture, building materials and colors, landscaping and buffering, and site layout create a functional, aesthetically appealing urban place;

5. That the proposed development creates the urban setting envisioned by the applicable neighborhood standards;

6. That planned open spaces and building types within the development are integrated in order to complement each other;

7. That the proposed development is consistent with the general development requirements of the city with respect to such elements as infrastructure, transportation, and environmental considerations; and

8. That the proposed development will contribute to the creation of signature places in the city consistent with the BSD Special Area Plan through an evaluation of long-term phasing plans, transitional development conditions, and planned placemaking elements.

(c) The FDP is intended to verify the proposed development, or phases of development, is in compliance with all applicable code requirements, and is consistent with the PDP.

(d) All development within the BSD District shall require an approved FDP prior to applying for site disturbance approval, CZPA, and/or building permits. In addition, the following development activities shall also require an approved FDP:

1. When a project involves the design or construction of new streets, or a proposed realignment or relocation of any street in the general pattern of street development conceptualized by the BSD Street Network Map in § 153.061 that is required or permitted by the city;

2. When a project requires land subdivision in accordance with Chapter 152; or

3. When a project does not meet the criteria for a Minor Project (MP).

(e) Applications for a FDP shall be reviewed by the PZC, whose approval shall be binding and shall serve as the regulatory and administrative document for zoning compliance.

(2) Review Procedures.

(a) An application for a FDP shall be submitted in accordance with the provisions of divisions (G)(3) and (O)(1) of this section.

(b) The PDP may be combined with the FDP at the request of the applicant, by motion of the PZC at the time of CP review and approval, or recommended by the Director.

(d) The Director shall make a recommendation to the PZC for approval, approval with conditions, or denial of the final development plan application under the criteria of division (F)(4) of this section.

(e) The PZC shall review the FDP application and the recommendation of the Director and render its decision based on the criteria of division (G)(3) of this section for approval, approval with conditions, or denial. A written record of the Commission's decision shall be provided.

(3) Submittal Requirements. It is the intent of these regulations that a FDP shall provide final project information that is sufficient to ensure general conformity to an approved PDP. In cases where the applicant has been authorized to submit a combined PDP and FDP, then the submittal shall incorporate the required information for the PDP and as required below. Information should be sufficiently detailed to enable the PZC to understand the existing site and the FDP for the proposed project or a portion thereof, and to evaluate conformance with the review criteria in division (G)(3) of this section. The applicant shall submit an application and supplemental materials as outlined in division (O)(1) of this section and determined by the Director.

(4) Review Criteria. The PZC shall make its decision on an application for a FDP based on each of the following criteria:

(a) The FDP shall be substantially similar to the approved PDP, and consistent with the record established by the required reviewing body, the associated staff report, and the Director's recommendation;

(b) The proposed development is consistent with the Community Plan, BSD Special Area Plan, BSD Design Guidelines, other adopted city plans, and citywide administrative and financial policies;

(d) The proposed buildings are appropriately sited and conform to the requirements of § 153.062 Building Types and § 153.065 Site Development Standards;

(e) The proposed lots and blocks conform to the requirements of § 153.060 Lots and Blocks;

(h) The proposed design, architecture, and materials of buildings is consistent with the BSD Design Guidelines, while integrating with nearby development, and avoids overshadowing of existing or proposed development;

(i) The proposed site design, landscaping, screening, and buffering is consistent with the BSD Design Guidelines;

(j) The proposed open spaces are appropriately sited and designed to conserve or enhance natural features as appropriate, enhance the community, benefit the community both within and outside the proposed development, and conform to the requirements of § 153.064 Open Spaces;

(k) The scale and design of the proposed development allows for the adequate provision of services currently furnished by or that may be required by the city or other public agency including, but not limited to, fire and police protection, public water and sanitary sewage services, recreational activities, traffic control, waste management, and administrative services;

(l) The proposed development conforms to the requirements of § 153.063 Neighborhood Standards, as applicable;

(m) The proposed development provides adequate stormwater management systems and facilities that comply with the applicable regulations of this code and any other applicable design criteria or regulations as adopted by the city or required by other government entities;

(n) The proposed development can be adequately serviced by existing and/or planned public or private infrastructure consistent with the city's most recently adopted capital improvements program;

(o) If the development is proposed to be implemented in phases, each phase has adequate infrastructure to serve the development independently without the need for further phased improvements; and

(p) The proposed development demonstrates consistency with the recommendations, principles, and intent of all applicable design standards and guidelines, including but not limited to buildings, open spaces, and streetscapes.

(H) Amended Final Development Plan.

(1) Purpose and Applicability.

(a) The purpose of the Amended Final Development Plan (AFDP) is to remain consistent with the FDP, all requirements of the BSD Code, Community Plan, BSD Special Area Plan, BSD Design Guidelines, and other adopted plans, policies, and regulations, and the review criteria.

(b) The AFDP allows the PZC to ensure that the proposed development is compliant with the following:

1. That the street network and block framework provide a coherent and rational development pattern;

2. That proposed street types provide for walkable urbanism;

4. That the architecture, building materials and colors, landscaping and buffering, and site layout create a functional, aesthetically appealing urban place;

5. That the proposed development creates the urban setting envisioned by the applicable neighborhood standards;

6. That planned open spaces and building types within the development are integrated in order to complement each other;

(c) The AFDP is intended to confirm the proposed development modifications, or phases of development modifications, are in compliance with all applicable code requirements, and are consistent with the FDP.

(d) All modifications to existing development within the BSD District shall require approval of an AFDP, unless otherwise eligible to be considered under the Minor Project (MP) provisions, prior to applying for site disturbance approval, CZPA, and/or building permits. In addition, the following development activities shall also require an approved AFDP:

1. When modifications to an existing site involve the design or construction of new streets, or a proposed realignment or relocation of any street in the general pattern of street development conceptualized by the BSD Street Network Map in § 153.061 that is required or permitted by the city;

2. When modifications to an existing site require land subdivision in accordance with Chapter 152; or

3. When a project does not meet the criteria for a Minor Project (MP).

(e) Applications for an AFDP shall be reviewed by the PZC, whose approval shall be binding and shall serve as the regulatory and administrative document for zoning compliance.

(2) Review Procedures.

(a) An application for a AFDP shall be submitted in accordance with the provisions of divisions (H)(4) and (O)(1) of this section.

(b) The PZC shall be the required reviewing body for the AFDP within the BSD.

(c) The Director shall make a recommendation to the PZC for approval, approval with conditions, or denial of the amended final development plan application under the criteria of division (H)(5) of this section.

(d) The PZC shall review the AFDP application and the recommendation of the Director and render its decision based on the criteria of division (H)(5) of this section for approval, approval with conditions, or denial. A written record of the Commission’s decision shall be provided.

(3) Submittal Requirements. It is the intent of these regulations that an AFDP shall provide final information for development modifications that is sufficient to ensure general consistency to an approved FDP. Information should be sufficiently detailed to enable the PZC to understand the existing development and the AFDP for the proposed project or a portion thereof, and to evaluate conformance with the review criteria in division (H)(5). The applicant shall submit an application and supplemental materials as outlined in division (O)(1) and determined by the Director.

(4) Review Criteria. The PZC shall make its decision on an application for an AFDP based on each of the following criteria:

(a) The AFDP shall be substantially similar to the approved FDP, and consistent with the record established by the required reviewing body, the associated staff report, and the Director’s recommendation;

(b) The proposed development is consistent with the Community Plan, BSD Special Area Plan, BSD Design Guidelines, other adopted city plans, and citywide administrative and financial policies;

(d) The proposed buildings are appropriately sited and conform to the requirements of § 153.062 Building Types and § 153.065 Site Development Standards;

(e) The proposed lots and blocks conform to the requirements of § 153.060 Lots and Blocks;

(i) The proposed site design, landscaping, screening, and buffering is consistent with the BSD Design Guidelines;

(l) The proposed development conforms to the requirements of § 153.063 Neighborhood Standards, as applicable;

(n) The proposed development can be adequately serviced by existing and/or planned public or private infrastructure consistent with the city's most recently adopted capital improvements program;

(o) If the development is proposed to be implemented in phases, each phase has adequate infrastructure to serve the development independently without the need for further phased improvements; and

(I) Minor Project.

(1) Purpose and Applicability. The purpose of the Minor Project (MP) is to provide an efficient review process for smaller projects that do not have significant community effects, as defined in division (I)(2) of this section.

(2) Minor Projects Defined. The following projects shall be considered eligible for review and approval as an MP:

(a) Additions to principal structures that increase the gross floor area by not more than 25%, or not more than 10,000 square feet gross floor area, whichever is less, existing as of the effective date of this amendment, or when first constructed, and associated site development requirements.

(b) Exterior modifications to principal structures involving not more than 25% of any individual facade elevation of the structure.

(c) Signs, landscaping, parking, and other site related improvements that do not involve construction of a new principal building. Parks, when used to meet requirements as an open space type, as provided in § 153.064, shall require a PDP, FDP, or AFDP.

(d) Accessory structures 1,000 gross square feet or smaller and the related accessory uses in accordance with § 153.062(B)(3)(e).

(e) Modifications to existing structures in accordance with § 153.062(B)(2) that increase the gross floor area by not more than 25%o, or not more than 10,000 square feet gross floor area, whichever is less, existing as of the effective date of this amendment and associated site development requirements; and

(f) Parking plans when not associated with a PDP, FDP, or AFDP.

(3) Review Procedure.

(a) An application for a minor project MP shall be made in accordance with the provisions of divisions (I)(4) and (O)(1) of this section.

(b) The ART shall be the required reviewing body for the MP.

(c) The Director shall make a recommendation to the ART for approval, approval with conditions, or denial of the MP under the criteria of division (I)(5) of this section.

(d) The ART shall review the MP application and the Director's recommendation, and render its decision based on the criteria of division (I)(5) of this section for approval, approval with conditions, or denial. A written record of the ART's decision shall be provided.

(e) The ART may forward any MP application to the PZC for consideration. In making such a determination, the ART shall conclude that the application raises complex issues, including but not limited to, the need for public infrastructure improvements and/or other neighborhood or community-wide effects that would benefit from a public review and decision by the PZC. These applications shall be reviewed against the criteria in division (I)(5) of this section.

(f) If the application is not approved by the ART, the applicant shall be given the opportunity to revise the application in response to the ART's comments and resubmit for reconsideration.

(g) Decisions of the ART are appealable to the PZC.

(4) Submittal Requirements. It is the intent of these regulations that an application for a MP provides sufficient information to ensure general conformity to the applicable provisions of this code. The information should be sufficiently detailed to enable the required reviewing body to understand the existing site and the MP request for the proposed project or a portion thereof. The applicant shall submit an application and supplemental materials as outlined in division (M)(1) of this section and determined by the Director.

(5) Review Criteria. The Administrative Review Team (ART) shall make its decision on an application for a MP based on each of the following criteria and the recommendation of the Director:

(a) The MP shall be consistent with the Community Plan, BSD Special Area Plan, BSD Code, BSD Design Guidelines, and adopted plans, policies, and regulations;

(b) In cases where a MP is proposed within or as part of an approved PDP or FDP, the MP shall be consistent with such approved PDP or FDP;

(c) The MP shall be consistent with the record established by the required reviewing body, the associated staff report, and the Director's recommendation;

(d) The proposed land uses meet all applicable requirements and use specific standards of § 153.059 Uses; and

(e) The proposed site improvements, landscaping, screening, and buffering shall meet all applicable requirements of the BSD Code and respond to the standards of the BSD Design Guidelines.

(J) Administrative Departure.

(1) Purpose and Applicability.

(a) The intent of the Administrative Departure (AD) is to provide an efficient process to allow minor deviations from the strict application of the BSD requirements caused by unusual site or development conditions or conditions unique to a particular use or other similar conditions that require reasonable adjustments, but remain consistent with the intent of this chapter.

(b) The AD shall not convey special rights or other approvals that would not otherwise result from a decision under this code.

(2) Administrative Departure Defined. An AD shall be limited to any modification of no greater than 10% to a numeric zoning standard related to building dimensions, lot dimensions or coverage, open space, landscaping, parking, fencing, walls, screening, or exterior lighting.

(3) Review Procedure.

(a) An application for an AD shall be made in accordance with the provisions of divisions (I)(4) and (O)(1) of this section.

(b) The ART shall be the required reviewing body for administrative departures unless requested in conjunction with an application under the purview of PZC.

(c) A request for an AD may be submitted with an application for a PDP, FDP, AFDP or MP, or at any other time as may be necessary.

(d) A request for an AD may be processed simultaneously with a PDP, FDP, AFDP or MP to which it relates.

(e) The Director shall make a recommendation to the ART for approval, approval with conditions, or denial of the AD under the criteria of division (I)(5) of this section.

(f) The ART shall determine whether each requested AD is approved, approved with conditions, or denied. A written record of the ART's decision will be provided. Decisions relative to a PDP, FDP, or AFDP shall be reported to the PZC.

(g) Should the ART find that the request does not meet the criteria for an AD, the applicant may request a waiver under the provisions of division (J) of this section with a new application for a PDP, FDP, AFDP, or MP, as applicable, under the purview of the PZC.

(h) Decisions may be appealed to the PZC or CC, as applicable.

(4) Submittal Requirements. It is the intent of these regulations that an application for an AD provides sufficient information to evaluate whether the request should be granted under divisions (I)(2) and (I)(5) of this section. The information should be sufficiently detailed to enable the required reviewing body to understand the existing site, proposed AD, and the related PDP, FDP or MP for the proposed project or a portion thereof. The applicant shall submit an application and supplemental materials as outlined in division (O)(1) of this section and determined by the Director.

(5) Review Criteria. The ART or PZC shall make its decision on the requested AD based on the following criteria:

(a) The need for the AD is caused by unique site conditions, conditions on surrounding properties, and/or otherwise complies with the spirit and intent of the Community Plan, BSD Special Area Plan, BSD Design Guidelines, other adopted city plans and policies, and all applicable requirements within §§ 153.057 through 153.066;

(b) The AD is not being requested simply to reduce cost or as a matter of general convenience;

(c) The AD does not have the effect of authorizing any use, sign, building type, or open space type that is not otherwise permitted in the BSD district;

(d) The AD, if approved, does not adversely impact the pedestrian experience; and

(e) The AD, if approved, will ensure that the development is of equal or greater development quality with respect to design, material, and other development features than without the AD.

(K) Waiver.

(1) Purpose and Applicability. Under the provisions of this section, waivers are a process to allow deviations from specific code requirements that may only be granted by the PZC.

(2) Waivers Defined. A waiver is defined as a request for a deviation from a requirement of §§ 153.059 through 153.065, which do not otherwise qualify for an AD under the provisions of division (I) of this section.

(3) Review Procedure.

(a) An application for a waiver shall be made in accordance with the provisions of divisions (J)(4) and (O)(1) of this section.

(b) The PZC shall be the required reviewing body for waivers. In cases where a waiver is submitted with a Minor Project (MP), the PZC shall be the required reviewing body for both the waiver and the MP.

(d) The Director shall make a recommendation to the PZC for approval, approval with conditions, or denial of the waiver under the criteria of division (J)(5) of this section. Additional waivers determined by the Director during his/her review, may be included for review by the PZC.

(e) The PZC shall review the requested waiver using the criteria of division(5) of this section. Should other waivers be necessary to resolve conflicts with other requirements of this chapter resulting from the requested waiver, those waivers shall also be reviewed by PZC.

(f) The PZC shall approve, approve with conditions, or deny the waiver request. A written record of the PZC decision will be provided.

(4) Submittal Requirements. It is the intent of these regulations that an application for a waiver provides sufficient information to evaluate whether the waiver should be granted under divisions (J)(2) and (J)(5) of this section. The information should be sufficiently detailed to enable the PZC to understand the existing site, proposed PDP, FDP, or MP as noted in division (K)(3)(b), and the related waiver request for the proposed project or a portion thereof. The applicant shall submit an application and supplemental materials as outlined in division (O)(1) of this section and determined by the Director.

(5) Review Criteria. The PZC shall make its decision on an application for a proposed waiver based on all of the following criteria:

(a) The need for the waiver is caused by unique site conditions, the use of or conditions on the property or surrounding properties, or other circumstance outside the control of the owner/lessee, including easements and rights-of-way;

(b) The waiver, if approved, will generally meet the spirit and intent of the Community Plan, BSD Special Area Plan, BSD Design Guidelines, other adopted city plans and policies, and all applicable requirements in §§ 153.057 through 153.066;

(d) The waiver, if approved, will ensure that the development is of equal or greater development quality with respect to design, material, and other similar development features than without the waiver;

(e) The requested waiver is better addressed through the waiver rather than an amendment to the requirements of this chapter; and

(f) The waiver does not have the effect of authorizing any use or open space type that is not otherwise permitted in that BSD district.

(L) Master Sign Plan.

(1) Purpose and Applicability.

(a) The purpose of the Master Sign Plan (MSP) is to define the scope, character, and aesthetic quality of signs and sign regulations for an individual tenant, multi-tenant building, or multi-building development; while allowing an additional degree of flexibility and creativity in sign design and display.

(b) The MSP review is intended to confirm the proposed sign design or comprehensive sign plan is consistent with the development context, architectural character, and the BSD Design Guidelines. MSPs are not intended to permit larger or more visible signs, and are not intended to permit a greater number of signs without consideration of the BSD Design Guidelines.

(c) The MSP allows the PZC the means to evaluate the proposal for its consistency with §§ 153.057 through 153.066, the Community Plan, BSD Special Area Plan, BSD Design Guidelines, and other adopted city plans, and the review criteria, and to consider the proposal within the context of existing and planned development within the vicinity of the project boundary.

(2) Review Procedure.

(a) An application for a MSP shall be submitted in accordance with the provisions of divisions (L)(3) and (O)(1) of this chapter.

(b) The PZC shall be the required reviewing body for MSPs in the BSD.

(c) The Director shall make a recommendation to the PZC for approval, approval with conditions, or denial of the MSP application under the criteria of division (L)(4) of this section. The Director's recommendation shall be provided prior to the respective public hearing.

(d) The PZC shall review the MSP application and the recommendation of the Director, and render its decision based on the criteria of division (L)(4) of this section for approval, approval with conditions, or denial. A written record of the Commission's decision shall be provided.

(e) The applicant may request additional review meetings with the PZC.

(3) Submittal Requirements. It is the intent of these regulations that the MSP shall indicate general information, sign design standards, and the area of applicability. Information submitted should be comprehensive enough to enable the PZC to understand the existing site and design concept for the proposed MSP. The applicant shall submit an application and supplemental materials as outlined in division (O)(1) of this section and determined by the Director.

(4) Review Criteria. The PZC shall render its feedback on an application for a MSP based on each of the following criteria and the recommendation of the Director.

(a) The MSP is consistent with the Community Plan, BSD Special Area Plan, BSD Design Guidelines, and other adopted city plans and policies;

(b) The proposed signs are appropriately sited and scaled to create a cohesive character that complements the surrounding environment and meets the intent of the architectural requirements of § 153.062 Building Types;

(c) The proposed signs are not in conflict with public streets, open spaces, utilities, or rights-of-way, and do not impede the continued provision of services required by the city or other public agency; and

(d) The MSP responds to the requirements of § 153.063 Neighborhood Standards, as applicable.

(M) Administrative Approval.

(1) Purpose and Applicability.

(a) The Director may authorize an Administrative Approval (AA) to an approved FDP, AFDP, or MP that is required to correct any undetected errors or omissions, address conditions discovered during the permitting process or construction, or that is necessary to ensure orderly and efficient development.

(b) Any approved AA must be consistent with the intent of the related approved FDP, AFDP, or MP.

(c) The Director may also authorize an AA to existing structures and associated site improvements that are necessary to complete ordinary maintenance, refurbishment or Zoning Code compliance.

(2) Administrative Approval Defined. The following are considered AA's:

(a) Adjustments to lot lines;

(b) Adjustments to the location and layout of parking lots;

(d) Adjustments to building height up to 10% for no more than 10% of the floorplate of the highest occupied floor when necessary to accommodate building equipment or features required to comply with building code;

(e) Substitution of landscaping materials specified in the landscape plan;

(f) Redesigning and/or relocating stormwater management facilities;

(g) Relocating fencing, walls or screening (not including screening walls);

(h) Modifications to sign location, sign face, landscaping and lighting;

(i) Changes in building material or color;

(j) Changes required by outside agencies such as the county, state, or federal departments; and/or

(k) Other modifications deemed appropriate by the Director that do not alter the basic design or any specific conditions imposed as part of the original approval.

(3) Review Procedure.

(a) An application for an AA shall be made in accordance with the provisions of divisions (M)(4) and (O)(1) of this section.

(b) The Director shall be the required reviewing body for applications for an AA.

(c) The Director shall review the request after receiving a complete application and make a decision to approve, approve with conditions, or deny an AA application under the criteria of division (M)(5) of this section. The Director's decision shall be provided to the applicant in writing.

(d) The Director may forward any AA application to the PZC for consideration. In making such a determination, the Director shall conclude that the application raises complex issues, including that the proposal is of such magnitude that it has a detrimental effect on the approved development or there are neighborhood or community-wide effects that may result if the proposal is approved, that would benefit from a public review and decision by the PZC.

(e) If denied, or approved with conditions, the applicant shall be given the opportunity to revise the request in response to the Director's comments and resubmit for further consideration.

(f) Requests not meeting the requirements for an AA shall require the filing and approval of a new application for a FDP, AFDP, MP or other application as applicable, in accordance with this section.

(g) Decisions may be appealed to PZC.

(4) Submittal Requirements. It is the intent of these regulations that an application for an AA provides sufficient information to ensure general conformity to the applicable provisions of this code and the approved FDP, AFDP, or MP, and to evaluate whether the AA should be granted under division (M)(2) and (M)(5) of this section. The information should be sufficiently detailed to enable the Director to understand the existing site and the AA request for the proposed project or a portion thereof. The applicant shall submit an application and supplemental materials as outlined in division (O)(1) of this section and determined by the Director.

(5) Review Criteria. The Director shall make his or her decision on an application for a proposed AA based on all of the following criteria:

(a) Adjustments to lot lines do not create additional lots, required setbacks and/or RBZs are maintained, and the boundaries to any approved PDP, FDP, AFDP, or MP are not altered;

(b) Adjustments to the location and layout of parking lots maintain the perimeter setbacks, yards, buffers, and required parking;

(c) Adjustments for buildings do not alter the character or the use of the originally approved building, building height(s), or floor plans except as provided for in division (M)(2) of this section;

(d) Substitution of landscaping materials shall be of an equal or greater size and quality as the approved materials;

(e) Redesigned and/or relocated stormwater management facilities shall maintain the approved general character of said facilities and the approved stormwater capacities;

(f) Relocating fencing, walls, or screening (not including screening walls) shall maintain the same level and quality of materials and screening;

(g) Modifications to sign location, sign face, and related landscaping and lighting, shall maintain the approved general sign design, number of signs, and dimensional requirements;

(h) Changes in building material shall be similar to and have the same general appearance comparable to previously approved material; such changes shall be of equal or higher quality than the previously approved material;

(i) Changes in color shall be complimentary to the architectural design and character of the building;

(j) The modification is not being requested solely to reduce cost or as a matter of general convenience; and

(k) The requested modification would be better addressed through the modification rather than an amendment to the requirements of this chapter or to the approved FDP, AFDP, or MP.

(N) Other Applicable Approvals.

(1) Open Space Fee in Lieu. After a recommendation from the Director in consultation with the Director of Parks and Recreation, the PZC shall determine whether a request for a payment of a fee in lieu of open space dedication may be approved, as provided in § 153.064(D) and (E).

(2) Conditional Uses. The Conditional Use approval procedures in § 153.236 shall apply in the BSD districts. The PZC is the required reviewing body for Conditional Use applications.

(3) Zoning Map or Text Amendment. The amendment procedures of § 153.234 shall apply in the BSD districts. In addition, a recommendation from the Director shall be submitted for consideration by the PZC and City Council.

(4) Preliminary and Final Plats. Reviews of Preliminary and Final Plats shall be governed by Chapter 152 of the Dublin Code of Ordinances.

(5) Special Permit. The Special Permit procedures in § 153.231(G) shall apply in the BSD districts.

(6) Zoning Variance. The Zoning Variance procedures in § 153.231(H) shall apply in the BSD districts. In addition, a recommendation from the Director shall be submitted for consideration by the Board of Zoning Appeals, and for City Council in the instance of a use variance.

(7) Public Tree Permit. The Tree Permit requirements of § 153.134(G) shall apply in the BSD districts.

(8) Parking Plan. The Parking Plan requirements of § 153.065(B) shall apply in the BSD districts, and shall be subject to Minor Project (MP) provisions as provided for in division (I)(2)(f) unless otherwise associated with a PDP, FDP, or AFDP.

(O) General Provisions.

(1) Applications.

(a) Each application required by this section shall be made in writing on a form provided by the city and shall be accompanied by the fee as established by City Council.

(b) Applications shall include all information required by the city, unless deemed unnecessary by the Director based on the nature and scale of the proposed development. No application shall be accepted and processed by the city until it is deemed complete by the Director. If found to be incomplete, the Director shall inform the applicant of any additional materials required to certify that the application is complete.

(c) After acceptance of a complete application, the Director and/or required reviewing body may request additional materials if deemed necessary to evaluate the proposal.

(d) No application for a FDP that has been denied by the PZC shall be resubmitted for a period of one year from the date of the decision, unless permitted by the Director after a demonstration by the applicant of a change of circumstances from the previous application that may reasonably result in a different decision.

(e) The Director may approve the simultaneous review of applications required by this chapter and/or a subdivision plat required by the Code, if the Director determines that simultaneous review will not adversely impact the achievement of the purpose and intent of this chapter. The provisions of § 153.066(F)(2)(b) and (G)(2)(b) govern relative to the filing of a combined PDP and FDP.

(f) Where public reviews are required by this chapter, a written notice of the public meeting shall be sent, not less than ten days prior to the meeting, to the applicant, property owner, and owners of parcels of land within 300 feet of the subject parcel(s), as listed on the County Auditor's current tax list. The notice shall, at a minimum, indicate the property that is the subject of the request, describe the nature of the request, the time, date and location of the meeting at which the application will be considered, and indicate when and where written comments will be received concerning the request.

(2) Decisions.

(a) Any application required to be reviewed under this section shall be approved, approved with conditions, or denied by the required reviewing body based on the applicable review criteria as provided in this section and other applicable provisions of this chapter. The recommending body and required reviewing body shall state the reasons for their decisions in the minutes and provide a written record of the decision.

(b) Prior to reaching a decision, if the required reviewing body determines that an application does not meet the applicable review criteria as provided in this section and other applicable provisions of this chapter, but determines that the application could meet those criteria with modifications that could not be reasonably conditioned, the applicant may request that the decision on the application be postponed to provide the opportunity to make those modifications.

(c) Following the approval of a FDP or MP, the applicant may proceed with the process for obtaining a Certificate of Zoning Plan Approval (CZPA) and Building Permit (BP), consistent with the approval as granted. All construction and development under any BP shall comply with the approved FDP and MP, and any other approval, as applicable.

(3) Certificate of Zoning Plan Approval. A CZPA issued by the Director verifying compliance with all applicable zoning requirements is required prior to modification, extension, or alteration of sites and structures, and/or change of use in BSD.

(4) Code Administration. The PZC may evaluate and monitor the application of the requirements and standards of §§ 153.057 through 153.066 by the Director. The PZC may advise the Director as to whether it finds that the requirements or standards (including requests for an AA) are being applied correctly, and recommend to City Council any changes needed in the BSD district standards and requirements to better implement the Community Plan, BSD Special Area Plan, BSD Design Guidelines, and other related policy and regulatory documents adopted by the city.

(5) Duration of Approvals.

(a) Because the review of an informal application is non-binding on the city and does not result in a decision by the PZC, the comments made during the informal application review do not expire. However, if the applicant makes any material change in the informal application following the review, the applicant should not assume that the previous informal review comments remain applicable to the revised application.

(b) An approved CP shall be valid for a period of no more than one year. If an application has not been filed for a PDP for at least a portion of the site within that one-year period, then the CP shall no longer be valid. A new CP application shall be required in accordance with the requirements of this chapter.

(c) An approved PDP shall be valid for a period of no more than two years. If a FDP application for at least a portion of the site has not been filed within that two-year period, then the PDP shall no longer be valid. A new PDP application shall be required in accordance with this chapter.

(d) An approved FDP shall be valid for a period of no more than two years. If a Building Permit and/or CZPA has not been filed for at least a portion of the project within the two-year period, the FDP shall no longer be valid. A new FDP application shall be required in accordance with this chapter.

(e) An approved MP shall be valid for a period of no more than two years. If a Building Permit and/or CZPA for at least one portion of the site has not been filed within that two-year period, then the MP shall no longer be valid. A new MP application shall be required in accordance with this chapter.

(f) Abandonment.

1. Once a final approval is granted by the required reviewing body, if the Director of Building Standards determines that work has been abandoned for a continuous period of six months, the approval shall lapse and cease to be in effect.

2. The Director of Building Standards shall make the determination of abandonment based on the presence of one or more of the following conditions:

a. Removal of construction equipment or supplies;

b. Expiration of an active building permit issued by the city;

c. Evidence of a failure to maintain the property, such as overgrown weeds, failure to secure buildings, broken windows, or other evidence of lack of maintenance;

d. Other actions documented by the Director of Building Standards and/or Director evidencing an intent to abandon the construction of the project.

3. Once the Director of Building Standards makes a determination of abandonment, if a new BSD application is not submitted within 90 days from the date of the determination, the owner shall restore the site to its previous condition, and/or remove any structures or other evidence of work on the site, within 180 days from the date of the determination of abandonment. If the owner fails to restore the site to its previous condition within 180 days, the city may take any and all actions necessary to restore the site to its previous condition, including removing any structures or other evidence of work, and the costs of removal shall be assessed against the property.

(6) Single-Family Detached Home. A single-family detached home and additions thereto are not subject to the submittal of a CP, PDP, nor FDP. A single-family home and additions thereto shall submit a Building Permit as required by code and issuance of a CZPA as provided for in § 153.233. Any proposed modifications to zoning standards of the BSD Code associated with a proposed single-family home and any additions thereto shall be subject to review and approval of a waiver, AA, and/or AD provided for in this chapter. A single-family home is not subject to MP provisions of this chapter.

(Ord. 07-12, passed 3-26-12; Am. Ord. 84-13, passed 11-4-13; Am. Ord. 114-14, passed 12-8-14; Am. Ord. 09-19, passed 4-8-19; Am. Ord. 03- 21, passed 2-22-21; Am. Ord. 18-21, passed 4-26-21)

GENERAL DEVELOPMENT STANDARDS

§ 153.070 GENERAL REGULATION OF THE ARRANGEMENT AND DEVELOPMENT OF LAND AND STRUCTURES.

Standards pertaining generally and uniformly to the arrangement and development of land and structures within the zoning districts adopted in §§ 153.015 through 153.017 are hereby established and adopted as supplementary to the district regulations of §§ 153.018 through 153.058.

('80 Code, § 1183.01) (Ord. 21-70, passed 7-13-70)

§ 153.071 LOT AND YARD SPACE REQUIREMENTS.

(A) Platting required. No use shall be established or altered and no structure shall be constructed or altered except upon a lot that has been platted in accordance with or which otherwise meets, the requirements of the subdivision regulations. Development requirements are minimum requirements for the arrangement of lots and spaces to be achieved in all developments.

(B) Lot area and yard space preserved. The lot area and yard space required for a use or structure shall be maintained during its life and shall not be reduced below the minimum requirement, occupied by another use or structure, or counted as yard space for any other use or structure.

(1) Open yards required. The yard space required for a use or structure shall, during its life, remain free of all uses or occupancy except as follows:

(a) Fences, walls and landscaping shall be permitted in any required yard, or along the edge of any yard, provided that no fence or wall between a street and a front building setback line is more than three feet in height, except as required in §§ 153.130 through 153.138 or in accordance with an approved final development plan of a Planned Development District.

(b) Eaves, cornices, window sills and belt courses may project into any required yard a distance not to exceed two feet.

(c) Patios and seat walls, not exceeding a combined 18 inches in height above grade, shall be permitted to encroach into the required rear yard a distance not to exceed five feet. Structures and Accessory Structures, including, but not limited to, porticos, pergolas, and canopies, are not permitted to encroach into the rear setback.

(d) Stoops, not exceeding 30 inches in height, may project beyond the front and rear building setback line not to exceed five feet.

(e) The height of a structure may not be artificially increased by the use of mounding unless otherwise required by the zoning district regulations.

(f) Driveways shall be setback at least three feet from a side lot line or adjacent to the side lot line where a single common drive is provided for two adjoining lots as listed in § 153.210.

(g) All vehicular use areas, including driveways, in industrial districts shall be located at least 15 feet from any residential district lot line as listed in § 153.016 or as otherwise noted for the Technology Flex District in § 153.044 and the Innovation Districts in § 153.039.

(h) Rain barrels and other similar rainwater harvesting devices may project into a front setback, and a side and/or a rear yard a distance not to exceed three feet.

(2) Yards not otherwise required. Yard space not otherwise required but provided shall be five feet or more in width.

(3) Yards maintained. All yard space shall be maintained in accordance with one or more of the following provisions:

(a) Fenced as permitted or required.

(b) Landscaped by lawns, shrubs, trees and other plantings, maintained in a neat and orderly natural state, or used for permitted accessory or ancillary use.

(4) Maximum lot coverage.

(a) Structures, parking, driveways, vehicular use areas, service areas, pedestrian areas, and other hard-surfaces or paved areas shall not cover more than 70% of the total lot area within the following zoning districts:

R-12 Urban Residential District

SO, Suburban Office and Institutional District

NC, Neighborhood Commercial District

CC, Community Commercial District

RI, Restricted Industrial District

LI, Limited Industrial District

GI, General Industrial District

OLR, Office, Laboratory, Research District

TF, Technology Flex District

ID-1, Innovation District (Research Office)

ID-3, Innovation District (Research Assembly)

Excavation and Quarry

Oil and Gas

Exceptional Uses

(b) Structures, parking, driveways, vehicular use areas, service areas, pedestrian areas, and other hard-surfaces or paved areas shall not cover more than 80% of the total lot area within the following zoning districts:

CCC, Central Community Commercial

CB, Central Business District

(c) The lot coverages contained herein are maximums and should not be interpreted to restrict or otherwise limit any other requirements of this Code or the authorized discretion of the city's boards, commissions or City Council. This maximum lot coverage subsection shall not apply to sites which have previously approved final development plans or a certificate of zoning compliance or other similar final approval by the city prior to the date this division takes effect.

(d) Structures, parking, driveways, vehicular use areas, service areas, pedestrian areas, and other hard-surfaces or paved areas shall not cover more than 45% of the total lot area within the following residential districts:

R-1, Restricted Suburban Residential District

R-2, Limited Suburban Residential District

R-3, Suburban Residential District

R-4, Suburban Residential District

R-10, Two-Family Residential District

(e) Unless otherwise required in an approved Planned Unit Development, structures, parking, driveways, vehicular use areas, service areas, pedestrian areas, and other hard-surfaces or paved areas shall not cover more than 45% of the total lot area within a residential PUD, Planned Unit Development District. Lot coverage and setback requirements for residential development should follow the design principles outlined in the Neighborhood Design Guidelines.

(f) Structures, parking driveways, vehicular use areas, service areas, pedestrian areas and other hard-surfaces or paved areas shall not cover more than 75% of the total lot area within the following zoning districts:

ID-2, Innovation District (Research Flex)

ID-4, Innovation District (Research Mixed Use)

('80 Code, § 1183.02) (Ord. 21-70, passed 7-13-70; Am. Ord. 33-93, passed 6-21-93; Am. Ord. 142-99, passed 2-22-00; Am. Ord. 17-07, passed 4-9-07; Am. Ord. 30-10, passed 9-13-10; Am. Ord. 18-11, passed 5-23-11; Am. Ord. 32-11, passed 6-27-11; Am. Ord. 05-23, passed 3-27-23; Am. Ord. 32-23, passed 9-11-23) Penalty, see § 153.999

§ 153.072 BUILDING SETBACK LINES ALONG PUBLIC RIGHTS-OF-WAY OR PRIVATE STREETS.

(A) Required building setback defined. The required building setback is that area between the building setback line and the street right-of-way. Unless otherwise permitted by this Code, no structure or other use of land, except parking and driveways, shall be located in the required building setback.

(B) Building setback lines established. Along every street right-of-way a building line shall be established from the center line of that right-of-way a distance equal to the width of the existing right-of-way or the width of the right-of-way proposed in the most recent adoption of the Thoroughfare Plan adopted by Council on January 10, 2008 and as amended from time to time whichever right-of-way is greater. Unless otherwise permitted by this Code, the required building setback shall be at least 30 feet.

(C) Parking within the required building setback from public right-of-way or a private street. Open parking or loading spaces shall be permitted to extend into the required building setback for not more than a distance equal to 40% of the required building setback distance. Parking areas shall be at least 15 feet from any established or proposed right-of-way or private street easement.

(D) Platted setback. No structure or other use shall be located between the public street right-of-way or private street and the platted building setback line unless otherwise permitted by this Code.

(E) Setback along freeways or expressways. The setbacks for all principal and accessory buildings, parking, driveways, and all other vehicular use areas along freeway and expressway rights-of-way shall be a minimum of 50 feet.

(F) Sight triangles. Sight visibility triangles define areas at public or private street intersections and at curb cuts where visibility must be maintained for safety of the motoring public. Landscaping and other site appurtenances may be limited in these areas. The City Engineer shall develop and maintain an administrative policy that defines accepted sight visibility triangles at intersections and curb cuts.

('80 Code, § 1183.03) (Ord. 35-85, passed 8-5-85; Am. Ord. 17-07, passed 4-9-07; Am. Ord. 17-08, passed 5-5-08) Penalty, see § 153.999

§ 153.073 COMPREHENSIVE RESIDENTIAL AND NEIGHBORHOOD IMPROVEMENT.

(A) Home occupation. Home occupation shall be those limited occupations which are hereafter defined and which may be carried on in residential neighborhoods.

(1) Standards for home occupations. No home occupation shall hereafter be established, altered or enlarged in any residential district unless such home occupation is permitted by this chapter and complies with the following restrictions or standards:

(a) No person other than members of the family residing on the premises shall be engaged in a home occupation in any Residential District.

(b) No sign shall be used in connection with a home occupation, nor shall any display be used that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling.

(c) There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation, which would change the essential character thereof as a dwelling.

(d) The space devoted for use of the home occupation must be within the main dwelling or basement and no portion of the use shall be conducted within an attached garage. Accessory buildings such as detached garages or sheds shall not be used for home occupations.

(e) No mechanical or electrical equipment shall be used except normal domestic equipment or any equipment necessary and essential to any of the permitted home occupations.

(f) No home occupation shall be used in such a manner as to create offensive noise, vibration, smoke or other particular matter, heat, humidity, glare, electronic interference or otherwise constitute a nuisance or safety hazard to any occupant of adjacent or nearby properties.

(g) There shall be no outdoor storage of equipment or materials used in the home occupation.

(h) Not more than four motor vehicles, used by customers of the home occupation, shall be parked at the location of the home occupation at one time.

(i) The home occupation shall not generate traffic greater in volume than normal for residential neighborhood.

(j) All automobiles used by customers shall be parked in the driveway or along the street curb abutting the premises, unless other more satisfactory arrangements are required and approved by Director of Land Use and Long Range Planning after a public notice home occupation parking on non-curbed streets is prohibited. No truck other than one van-type truck may be used in connection with a home occupation. If this vehicle is stored on-site, it must be enclosed by a structure so that the vehicle cannot be entered upon or seen from an adjacent lot or street.

(2) Permit. All persons conducting home occupations which are presently existing, or which are established, changed or enlarged after this chapter is in effect shall be required to obtain a permit from the City Manager or his agent. The initial permit shall be valid for a period of two years after the date of issuance. A renewal permit must be secured for each subsequent two-year period thereafter.

(3) Permitted home occupations. Home occupation permits will be issued if determined that such uses are in keeping with the intent and purpose of this section. It shall not be the intent of this section to require a home occupation permit for maintenance of a home or private professional office (e.g., doctor's, lawyer's or architect's), provided that the office not be used as a physical location to conduct business meetings with clients/customers and the provisions of this section regarding signage, traffic and other provisions regulating home occupations are adhered to.

(B) Model homes in residential districts. Regulation of model homes is intended to preserve the opportunity for potential residents of the city to inspect housing available within the municipality; to provide home builders a forum to demonstrate housing styles and options; to preserve the quality of residential life for nearby residents; and to protect residential areas from the potential adverse effects of non-residential uses.

(1) Application. This section shall apply to all residential districts, including residential planned districts, unless specific provisions of the applicable development text specify otherwise.

(2) Approval. The Administrative Official or designee shall be permitted to issue a Certificate of Zoning Plan Approval (CZPA) for model homes, sales offices, and sales trailers in residential districts, provided specific criteria are met.

(a) Model homes and sales offices may be approved for up to two years.

1. Certificates of Zoning Plan Approval may be approved for up to an additional two years until the residential development as defined in the application for a CZPA is 75% occupied.

2. When the residential development is greater than 75% occupied but less than 95% occupied, a CZPA may be approved by the Administrative Official for up to one year.

3. Operation of the model home or sales office shall be discontinued within 90 days once the residential development is 95% occupied.

4. For the purposes of this section, the term OCCUPIED shall refer to residential units that are being used as a dwelling, or residential units that are vacant and owned by an entity other than the developer or a home builder.

5. Once operation of the model home or sales office is discontinued, all improvements made for the purposes of the model home or sales office use, including but not limited to signs and associated landscaping, lighting, and architectural modifications, shall be removed and restored to conditions typical of a residential development within 90 days.

(b) Sales trailers may be permitted for a maximum of two years, or until a model home or sales office is constructed, whichever occurs first.

1. The building which serves as the office/sales facility shall be sited within the development to ensure that the model home is easily accessible and identifiable and shall not detract from the residential and architectural character of the neighborhood.

2. External lighting may be approved provided it does not detract from the residential character of the building. In no case shall exterior lighting other than usual and customary residential lighting be permitted after 9:00 p.m. All interior lighting, with the exception of lighting in a maximum of two rooms, shall be turned off by 9:00 p.m. and remain off until 8:00 a.m. daily.

3. One identification sign is permitted for model homes and sales offices, not exceeding eight square feet in area and six feet in height. Signs shall maintain a minimum eight-foot setback from the right-of-way. A sign permit is required for all signs.

4. All structures shall comply with all applicable requirements of the city and any additional development standards for the zoning district.

5. Locations for parking for sales staff and customers shall avoid creating disruptions to surrounding residents. Parking for model homes and sales offices shall be provided either on-site or on-street adjacent to the facility, except as provided in division 6. below. Parking lots for sales trailers or sales offices shall meet all requirements of this chapter related to parking lots.

6. Freestanding, off-site parking lots for model homes shall be permitted only on residential lots adjacent to unoccupied lots with the exception of the model home and only after obtaining a special permit according to the procedures of § 153.231(G). The parking lot shall not extend beyond the rear elevation, nor project forward of the front elevation, of the model home. A sidewalk shall be provided from the parking lot to the model home. The parking lot and sidewalk must be removed within 90 days after a building permit is obtained for the adjacent vacant lot or the model home operation is discontinued.

7. An application for a CZPA shall include information regarding hours of operation, number and type of employees with the maximum number of employees expected on site at any time, provision of parking for employees and customers, and a description of the proposed facility's compliance with the standards of this section.

(3) Number of model homes. If the Administrative Official determines that the number of model homes in any residential district is excessive or is affecting the residential character of the neighborhood or the development, the applicant shall be required to obtain a special permit in accordance with the requirements of § 153.231(G) prior to operating the model home or sales office.

(4) Notices. The city shall notify any registered homeowners associations and all property owners within 300 feet of the site of a proposed model home, sales office, or sales trailer in a residential district within ten days from the receipt of a complete application for a CZPA. The notice shall, at a minimum, indicate the property that is the subject of the request, describe the nature of the request, and indicate when and where written comments will be received concerning the request. At least 14 days shall be provided for public comment prior to a determination by the Administrative Official.

(1) A family community residence shall be allowed as of right in zoning districts R, R-l, R-2, R-3, R-4, R-10, R-12, BSD-R, BSD-OR, BSD-O, BSD-HC, BSD-HR, and all Planned Unit Developments, provided (1) it is located at least eight lots on its side of the street from an existing community residence and is at least 660 linear feet from the closest existing community residence as measured from the nearest property line of the proposed community residence to the nearest property line of the existing community residence, and (2) the operator or applicant is licensed or certified by the State of Ohio to operate the proposed community residence, has certification from an appropriate national accrediting agency, or has been recognized or sanctioned by Congress to operate the proposed community residence.

(2) A conditional use permit is required to establish any community residence within eight lots on its side of the street from an existing community residence or within 660 linear feet of the closest existing community residence as measured from the nearest property line of the proposed community residence to the nearest property line of the existing community residence, or the State of Ohio does not require the operator to be licensed or certified to operate the community residence or Congress does not recognize or sanction the community residence. The conditional use permit is subject to the standards for a conditional use permit set forth in § 153.236(C) and the following standards:

(a) The proposed community residence will not interfere with the normalization and community integration of the residents of any existing community residence for people with disabilities;

(b) The applicant demonstrates that it will operate the home in a manner similar to that ordinarily required by state licensing to protect the health, safety, and welfare of the occupants of the community residence; and

(c) The proposed community residence in combination with any existing community residences will not alter the character of the surrounding neighborhood by creating an institutional atmosphere or by creating a de facto social service district by excessively concentrating community residences on a block.

(3) A transitional community residence shall be allowed as of right in zoning districts R-12, BSD-R, BSD-OR, BSD-O, and BSD-HTN, and in any Planned Unit Development in which buildings with three or more dwelling units are allowed, provided (1) it is located at least eight lots on its side of the street from an existing community residence and is at least 660 linear feet from the closest existing community residence as measured from the nearest property line of the proposed community residence to the nearest property line of the existing community residence, and (2) the operator or applicant is licensed or certified by the State of Ohio to operate the proposed community residence, has certification from an appropriate national accrediting agency, or has been recognized or sanctioned by Congress to operate the proposed community residence.

(4) In the R-12, BSD-R, BSD-OR, BSD-O, and BSD-HTN zoning districts, a conditional use permit is required to establish a transitional community residence within eight lots on its side of the street from an existing community residence or within 660 linear feet of the closest existing community residence as measured from the nearest property line of the proposed community residence to the nearest property line of the existing community residence, or the State of Ohio does not require the operator to be licensed or certified to operate the community residence or Congress does not recognize or sanction the community residence. The conditional use permit is subject to the standards for a conditional use permit set forth in § 153.236(C) and the following standards:

(a) The proposed community residence will not interfere with the normalization and community integration of the residents of any existing community residence for people with disabilities;

(5) A transitional community residence shall be allowed by conditional use permit in residential districts R, R-l, R-2, R-3, R-4, R-10, and all Planned Unit Developments, subject to the standards for a conditional use permit set forth in § 153.236(C) and the following standards when there is an existing community residence within eight lots on its side of the street from the proposed community residence or within 660 linear feet of the closest existing community residence as measured from the nearest property line of the proposed community residence to the nearest property line of the existing community residence, or the State of Ohio does not require the operator to be licensed or certified to operate the community residence or Congress does not recognize or sanction the community residence:

(a) The proposed community residence will not interfere with the normalization and community integration of the residents of any existing community residence for people with disabilities;

(c) The proposed community residence in combination with any existing community residences, will not alter the character of the surrounding neighborhood by creating an institutional atmosphere or by creating a de facto social service district by concentrating community residences on a block.

('80 Code, § 1183.04) (Ord. 10-84, passed 4-2-84; Am. Ord. 23-84, passed 5-22-84; Am. Ord. 30-89, passed 4-17-89; Am. Ord. 61-00, passed 9-17-01; Am. Ord. 28-08, passed 5-19-08; Am. Ord. 26-10, passed 8-9-10; Am. Ord. 22-14, passed 8-25-14; Am. Ord. 14-17, passed 2-27-17) Penalty, see § 153.999

§ 153.074 ACCESSORY USES AND STRUCTURES.

(A) Purpose and scope.

(1) Accessory uses and structures shall be permitted in association with a principal use or structure. Permitted accessory structures shall be subordinate and proportional in area to their location. For smaller residential lots, accessory structures are intended to be proportional in area to the size of the principal structure. For larger residential lots, accessory structures shall be proportional to the size of the property on which they are located. For non-residential districts, accessory uses and structures shall be proportional to the principal use or structure.

(2) Applicability. This section shall apply to accessory uses and structures in all zoning districts unless otherwise provided for in the development requirements of the district in which the property is located or the respective planned development text.

(3) Accessory uses.

(a) Residential. Storage, recreation, child care, home occupations, leisure and gardening/landscaping uses, renewable energy equipment - solar, and others as permitted by the district in which the property is located or as determined by the Administrative Official.

(b) Non-residential. As permitted by the district in which the property is located.

(4) Accessory structures. Accessory structures include, but are not limited to, the following:

(a) Residential. Garages and carports (attached and detached), sheds, swimming pools, hot tubs, sport courts and similar facilities, gazebos, porches/sunrooms, patios, decks, pergolas, awnings, canopies, greenhouses, renewable energy equipment - solar, or similar facilities, and other similar structures as determined by the Administrative Official.

(b) Non-residential. Dumpster enclosures, sheds, garages/parking structures, patios, decks, pergolas, awnings, canopies, greenhouses, renewable energy equipment - solar, and other similar structures as determined by the Administrative Official.

(c) Temporary. Construction trailers, portable classrooms, portable non-residential structures, special event tents, and others in accordance with § 153.097.

(d) Landscape features, including but not limited to planting beds, fountains, and other similar features, and play structures shall not be considered accessory structures and are therefore not subject to the regulations of this section.

(B) Accessory uses and structures in Residential Districts and Residential Planned Development Districts.

(1) Accessory uses shall comply with any applicable requirements of this Code or approved development text.

(2) Detached accessory structures.

(a) This section shall apply to detached accessory structures for residential properties, including but not limited to detached garages, sheds, greenhouses, carports, and other similar structures as determined by the Administrative Official. ATTACHED, for the purpose of this section, means that the addition is integrated visually, structurally and architecturally with the principal structure, has an attached roof with similar design to the principal structure, permits access between the principal structure and the addition either internally or under the roof, and/or shares a common wall with the principal structure or is connected to the principal structure by an enclosed space.

(b) For purposes of determining attachment, an enclosed space is an area under a roof which has solid walls at least 18 inches in height around its entire exterior, or which is 100% screened, walled, or provided with glass from floor to ceiling, so that the enclosed interior space is completely separated from the outside space.

(c) The following shall not be counted toward the maximum permitted square footage for detached accessory structures: fire pits, sport courts, swimming pools, hot tubs, solar panels, kennels, attached three-season rooms, screened porches, decks, patios, or porches. Gazebos, pergolas, trellises and arbors or other similar structures that are 250 square feet in area or less, as determined by the Administrative Official, shall not be counted toward the maximum permitted square footage.

(d) The following shall not be counted toward the number of permitted detached accessory structures: gazebos, pergolas, awnings, trellises, and arbors or other similar structures that are 250 square feet in area or smaller; other similar landscape features, fire pits, sport courts, swimming pools, hot tubs, solar panels, kennels, attached three season rooms, screened porches, decks, patios, porches, decks, or other similar structures as determined by the Administrative Official.

(e) For the purposes of division (B)(2) of this section, only the gross square footage of ground floor area shall be counted toward the maximum permitted detached accessory structure square footage.

(f) Maximum square footage and number of detached accessory structures.

PROPERTY SIZE	REQUIREMENTS (CUMULATIVE)
Less than 1 acre	840 sq. ft., OR 30% of the livable area of the principal building excluding attached garages, whichever is greater. In no case shall the height of the detached accessory structure exceed 18 feet.
Less than 1 acre	Not more than two detached accessory structures shall be permitted.
1 - 5 acres	1,000 sq. ft., PLUS 250 sq. ft. per acre or fraction thereof over one acre, up to a maximum of 2,000 sq. ft.
	In no case shall the height of the detached accessory structure exceed 22 feet.
	Two detached accessory structures PLUS one additional detached accessory structure per acre greater than one acre shall be permitted. Not more than five detached accessory structures shall be permitted.
Over 5 acres AND zoned R or R-1	2% of the lot area, not to exceed a cumulative square footage for all detached accessory structures of 3,000 sq. ft.
	Additional setback requirements: For any single detached accessory structure in excess of 2,000 sq. ft. setbacks are as required by the District in which the property is located, PLUS 25 ft. for each 250 sq. ft., or fraction thereof, over 2,000 sq. ft.
	Notwithstanding the provisions of this chapter, detached accessory structures shall be permitted one garage door not greater than 12 feet in height, provided that the structure is located to the rear of the principal structure. The maximum height for accessory structures shall not exceed that permitted for the principal structure.
	Not more than five detached accessory structures shall be permitted.

(g) Except as may otherwise be permitted, no part of any accessory building shall be used as a dwelling for residential purposes.

(3) Accessory structures in Multiple-Family Residential Districts.

(a) Multiple-family residential units shall be permitted not more than one two-car garage per unit provided all other applicable development requirements are met.

(b) The exterior façade materials and architectural design of all accessory structures shall be coordinated with those of the principal building.

(c) This section shall not prohibit accessory uses and structures typical of multiple-family residential developments, including but not limited to clubhouses and/or administration offices, pool houses, laundry facilities, gatehouses, mailbox shelters, dumpster shelters or enclosures, recreational facilities, renewable energy equipment - solar, and other similar structures as determined by the Administrative Official, provided all applicable development requirements including but not limited to lot coverage, setbacks, open space, and stormwater management are met.

(d) For detached garages in Multiple-Family Residential Districts, not more than five garage doors are permitted in a single row or plane.

(4) Garages. Attached garages shall not be counted toward the maximum permitted square footage for accessory structures. All new and additions to existing front-loaded attached and detached garages or garages that are visible from the street and angled less than 60 degrees to the front lot line or street tangent line must meet the following requirements:

(a) No single garage door opening shall be wider than 18 feet. Only one such garage door is permitted.

(b) No combination of garage door openings shall be wider than 36 feet.

(c) Not more than two garage doors may be located on the same horizontal plane of the principal structure. Additional garage doors must be located on separate planes with a minimum separation of 16 inches.

(d) Garage door openings totaling 18 feet in width or less shall not make up more than 35% of the linear distance of the front elevation nor project more than 12 feet from the adjacent vertical wall plane. Porches with no additional overhead structures shall not be considered a vertical wall plane.

(e) Garage door openings totaling more than 18 feet up to 36 feet in width shall not make up more than 45% of the linear distance of the front elevation nor project more than ten feet from the adjacent vertical wall plane. Porches with no additional overhead structures shall not be considered a vertical wall plane.

(5) Garages converted to habitable space. Attached garages in all residential zoning districts may be converted into habitable living space if either: a) another garage exists on the property that is commensurate in size to the garage being converted; or b) another garage is constructed on the property that is commensurate in size to the garage being converted.

(6) Required location in residential zoning districts.

(a) All accessory uses and structures, including swimming pools and associated decking, shall be constructed within the permitted buildable area of a lot, behind all applicable setback lines, and to the rear or side of the principal structure.

(b) No build/no disturb zones shall remain free of all structures including, but not limited to buildings, parking, driveways, sidewalks, sheds, swimming pools, patios, decks, or other accessory structures, fences, antennae, and basketball courts or other sport courts. All other plat requirements shall be met.

(7) Relationship to principal structure.

(a) Attached and detached accessory structures that exceed 200 square feet shall be coordinated with those of the principal structure on the lot.

(b) Attached accessory structures must conform to all regulations of this chapter applicable to principal structures.

(1) Permitted types.

(a) Permanent swimming pools. Only below-grade permanent swimming pools are permitted.

(b) Temporary pools. Inflatable or other temporary pools are permitted provided they have a maximum depth of 18 inches and are placed to the side or rear of the primary structure.

(c) Hot tubs. Hot tubs are permitted accessory structures, and may be either below or above grade, provided that they do not exceed 100 square feet in total water surface area, or 4.5 feet in depth or height as measured from finished grade. Hot tubs, which exceed these size and height requirements, shall be considered swimming pools and must be placed below the established grade. Hot tubs shall be secured with a lockable cover or shall be entirely enclosed by a permitted barrier with a self-latching and lockable gate.

(2) Size. Swimming pools shall not be considered detached accessory structures for the purposes of calculating maximum permitted area based on the size of the principal structure or the lot. All principal structures are permitted a swimming pool if yard space, lot coverage, and other related development standards for the pool and deck or patio area are met.

(3) Location and setback. There shall be a minimum separation of ten feet between a swimming pool and the principal structure. Swimming pools shall not be located within the front building setback, forward of any part of the house, or within a required side yard, rear yard, or other restricted area of the lot (e.g., a no-build zone). No swimming pool shall be located, designed, operated, or maintained as to interfere unduly with the enjoyment of the property rights of surrounding property owners. Nuisances shall be pursued according to all applicable city ordinances.

(4) Swimming pool barriers.

(a) Swimming pools located within all zoning districts shall be surrounded by open ornamental swimming pool barriers or a solid swimming pool barrier, provided the solid barrier is no higher than four feet and otherwise complies with the regulations herein and this section.

(b) All openings, doorways and entrances into the pool area shall be equipped with gates of equal height and material with the fence, and shall be provided with latches and permanent locks.

(c) In residential districts, swimming pools that are nonconforming by reason of location and setback may be enclosed by an open ornamental or solid swimming pool barrier, not more than four feet high. Swimming pool barriers may be in addition to any other fencing that may exist on the property. Swimming pool barriers may be located within a required setback area, provided that the barrier is located at least ten feet from any other fence on the property or not farther than ten feet from the edge of the pool.

(5) Accessory equipment. No swimming pool accessory equipment, including but not limited to pumping equipment, filtering equipment, diving boards, or slides shall be located in any required yard. All accessory equipment shall be screened with evergreen landscaping to the maximum height of the unit. The maximum permitted height of a diving board or slide shall be ten feet from the established grade, unless otherwise approved by the Administrative Official.

(6) Permit required. A building permit is required for permanent swimming pools. The following requirements are to be met:

(a) Submission of a scaled plot plan showing all necessary area, lot coverage, setback, and yard requirements.

(b) Pools shall be graded to contain water on property for which a permit is issued and so as not to harm adjacent property.

(c) Electrical wiring and equipment shall comply with the National Electrical Code; an electrical permit for grounding and other electrical equipment is required.

(d) State Health Board approval is required for community pools.

(e) Fees for a residential/private pool shall be assessed as set forth from time to time by ordinance, per permit.

(f) Fees for commercial public pools shall be calculated under § 150.177.

(g) Swimming pool barrier details are required with the submission of a building permit for permanent residential swimming pools. Swimming pool barrier details shall include the type, height, design, open space dimensions, access gates, and any required door alarms in accordance with the Residential Building Code.

(D) Non-residential zoning districts.

(1) Accessory uses and/or structures within non-residential zoning districts shall not exceed 25% of the gross floor area of the principal structure(s) unless otherwise permitted by this chapter.

(2) Required location in non-residential zoning districts or uses. In any zoning district except a residential district, accessory uses or structures shall be on the same lot as the principal use or structure and located subject to the development requirements of the zoning district in which it is located.

(E) Renewable energy equipment - solar.

(1) Purpose. The purpose of this section is to promote sustainable environmental practices and stewardship while balancing the high-quality development standards that defines the character of the community. Promoting renewable energy is an intentional objective of the City of Dublin and these regulations promote the installation of solar energy, among other renewable energy practices, in the most effective method possible. To ensure these installation practices continue to meet our high quality design standards, significant consideration has been given to the location and configuration of solar installation, material choices and installation practices, as well as requirements for proper maintenance. The regulations encourage the location of equipment to the side or rear, but allows equipment to the front when it promotes the greatest efficiency of energy production.

(2) Applicability. Unless otherwise addressed within a PUD, Planned Unit Development District; WID, West Innovation Districts, MUR, Mixed Regional Use Districts; BSD, Bridge Street Districts; or HD, Historic Districts these standards shall apply to all properties within the City of Dublin.

(a) Renewable energy equipment – solar.

1. General provisions.

A. All solar energy equipment shall be installed to conceal frames, flashing, fasteners, hardware, conduit, wires and similar elements.

B. Any solar generating materials that function as a building material shall be reviewed as the building material.

C. All solar energy equipment shall be well-maintained and remain in working order. If not, then all equipment and associated materials shall be removed or replaced.

D. Solar energy equipment shall be a consistent color and minimize gaps within the panels. White or grey grid lines on solar energy equipment are not permitted with the exception of flat roofs in non-residential districts that are screened by § 153.077 (see below division (E)(2)(a)3.). Framing shall also be a color consistent with the solar energy equipment, preferably a black, blue or equivalent color.

2. Ground mounted equipment.

A. Ground-mounted equipment for the collection of solar energy shall only be permitted as an accessory structure, as provided in § 153.074, in non-residential districts and shall not be permitted as a primary or principal use.

B. Ground-mounted equipment for the collection of solar energy shall not be permitted in residential districts including residential Planned Districts, unless otherwise specified.

C. Ground-mounted equipment for non-residential districts shall:

i. Be located to the side or rear of the principal structure and shall have a clearance from the principal structure, the same or larger than the height of the equipment.

ii. Not be permitted forward of a principal structure or along a public right-of-way.

iii. Be sited to minimize view from the public right-of-way and adjacent properties, and shall be in accordance with § 153.133(C).

iv. Meet all required setbacks. The equipment shall not exceed height requirements of the district in which it is located. This shall be measured from established grade to the top of the equipment.

v. Permitted only in areas that are hardscaped such as parking areas or outdoor seating areas. The equipment shall meet all applicable development standards of the Zoning Code including but not limited to lot coverage requirements.

3. Building or roof mounted equipment.

A. Building or roof-mounted equipment shall be permitted to be located to the side or rear of the principal or accessory structure.

B. Building or roof-mounted equipment is permitted to the front of a principal or accessory structure only when it is demonstrated that this location provides the greatest efficiency of energy production. The equipment will meet all of the requirements in division (E)(2)(c)3.E. of this section with two additional requirements including:

i. Be installed in a rectangular shape to avoid complex and nonsymmetrical configurations.

ii. Roof-mounted equipment shall be a color that is similar to the roof color.

For purposes of this section, the “front” of the property is the exterior of the structure that is facing the public or private right-of-way that provides frontage for the property. Any roofline adjacent to this exterior, or attached design elements including dormers, gables or front-loading garages would be subjected to the provisions in division (E)(2)(a)3.B. listed above.

C. Roof-mounted equipment for the collection of solar energy is permitted provided it extends no more than six inches above the plane of the roof and is not adjustable or movable.

D. Roof-mounted equipment for the collection of solar energy shall be integrated into the architectural design of the structure to the extent practicable that the equipment can normally function.

E. For pitched roofs, roof-mounted solar equipment shall:

i. Be mounted parallel to the roof plane,

ii. Limit protrusions,

iii. Not extend above the ridgeline of the roof,

iv. Not extend beyond the edge of the building,

v. Use a single material type,

vi. Be configured and have an assembly profile complementary to the roof line,

vii. Be installed to minimize the number of corners, and

F. For flat roofs, in non-residential districts, roof-mounted solar equipment is permitted and shall be screened in accordance with § 153.077.

4. Review procedures. All applications for renewable energy equipment - solar within residential and nonresidential zoning districts shall require approval by the required reviewing body, prior to the gaining approval of a building permit.

('80 Code, § 1183.05) (Ord. 21-70, passed 7-13-70; Am. Ord. 142-99, passed 2-22-00; Am. Ord. 28-05, passed 6-20-05; Am. Ord. 18-07, passed 4-9-07; Am. Ord. 96-07, passed 1-22-08; Am. Ord. 25-10, passed 8-9-10; Am. Ord. 16-21, passed 4-26-21; Am. Ord. 70-22, passed 6-12-23; Am. Ord. 32-23, passed 9-11-23; Am. Ord. 66-23, passed 12-11-23) Penalty, see § 153.999

§ 153.075 USE OF INDIVIDUAL SEWAGE TREATMENT AND INDIVIDUAL WATER SUPPLY.

(A) Residential development. A tract of land that was of record on the date of adoption of the zoning ordinance shall not be developed with individual sewage treatment or individual water supply without the approval of the Franklin County District Board of Health. Approval shall be with a finding of adequate control of water pollution and sewage disposal in accordance with the Board of Health rules and regulations.

(B) Required lot size. The size of lot or area provided for each dwelling unit shall be of a size or larger than as approved by the Board of Health, but shall be not less than the minimum lot size for the zoning district in which it is located.

('80 Code, § 1183.06) (Ord. 21-70, passed 7-13-70) Penalty, see § 153.999

§ 153.076 PUBLIC NUISANCE REGULATIONS.

Prevention of nuisance. Every structure or use subject to the provisions of this chapter shall be located, arranged and operated in accordance with the following provisions so that it will not interfere with the development and enjoyment of adjacent property.

(A) Required limits. The following limits of development and operation are provided to control hazardous, obnoxious or other nuisance activity of uses subject to the provisions of this chapter.

(1) Noise. Noise or vibration shall be so controlled that at the property line on which such noise or vibration is produced it will not be at a level above that normally perceptible from other development in the area or from the usual street traffic observed at the street right-of-way line of the lot, except occasional blast or shock required in normal operation and produced in such manner as not to create a hazard.

(2) Smoke. Smoke shall be controlled in its emission so as to be less dark in shade than that designated as No. 2 on the Ringlemann Chart published and used by the U.S. Bureau of Mines, except that emission above such level shall be permitted for a period of three minutes or less during the operation of starting or cleaning a fire.

(3) Dust. Dust or particulate matter shall be so controlled as not to produce a hazardous or obnoxious situation beyond the property lines of the lot on which such dust or particulate matter is produced.

(4) Odor or fumes. Odor or noxious fumes shall be so controlled as not to be offensive nor to create a hazard.

(5) Glare. Glare or heat from processing or other activity or lighting shall be so screened as not to be perceptible beyond the property lines of the lot on which such glare or heat is produced.

(B) Residential property management. The purpose of this section shall be the enhancement of the public health, safety and welfare by eliminating conditions favorable to pestilence, disease and general unsafe conditions, while at the same time improving the quality and appearance and most likely, the value of residential property for all residents of the municipality.

(1) Condition of premises; waste accumulation. No person, firm, or other property owners or residents shall:

(a) Cause or permit waste, garbage, trash or any debris such as lumber and building materials, unused tires or other material to accumulate or remain on their property except as follows:

1. Trash and garbage properly located for normal and regular pickup, provided that such items shall only be permitted to remain exposed to open view for a period of 24 hours immediately preceding and 24 hours immediately after the time scheduled for garbage of trash pickup by a waste collector.

2. All trash and debris associated with or resulting from the construction of either residential or commercial structures permitted hereby shall be contained on the construction site in a stable and secure enclosure no smaller than ten cubic yards. The permit holder shall maintain the enclosure and site so as to control litter and debris at all times, and remove and dispose of the debris in an approved landfill. The enclosure shall be removed from the site within ten days of issuance of the occupancy permit or within ten days of cessation of active construction work.

(b) Permit commercial vehicles or non-private passenger vehicles exceeding four to be parked or remaining in open view upon the premises of a residential neighborhood except in connection with repair or construction work being undertaken at the premises and only during such periods of repair or construction.

(c) Fail to keep the exterior of all residential and commercial premises in good condition, and well-maintained, including painting, if necessary, and such persons shall, within a reasonable time, after notice, remove or remedy all unsightly, dirty and unsafe conditions.

(d) Keep all vacant lots mowed as often as necessary in keeping with the character of the neighborhood to prevent pestilence, insect infestation, and to discourage use of the property for dumping or landfill purposes.

1. All such vacant property shall be kept free of hazardous and unhealthful accumulations of water and other conditions affecting the health and welfare of residents of the municipality.

2. In those instances where such vacant property is being used contrary to municipal zoning laws and other ordinances, the property owner, upon notice, shall take appropriate remedies to prevent such unlawful uses in cooperation with municipal officials.

3. All vacant lots shall be kept seeded or maintained in such manner as to prevent erosion of the property and excess drainage onto adjoining lands and kept free of trash and debris.

(2) Corrective action by municipal officials.

(a) All violations of this section which remain uncorrected after not less than ten days' notice to the owner or resident, may be corrected by the municipality, or by any person, firm or organization selected by the municipality, and the costs thereof shall be paid by the owner of such property within 30 days. The notice required herein may be waived if immediate action is required to protect the health, safety, morals, or welfare.

(b) The property owner may pay any such charges in accordance with this chapter to the city within 30 days after the statement of costs is issued without penalty. If the fee is not paid within 30 days after the statement of charges has been mailed to the owner, the Director of Finance shall certify the charges for services to the County Auditor, together with a proper description of the premises. Such amounts shall be entered upon the tax duplicate and shall be a lien upon such lands from the date of entry, and shall be collected as other taxes and returned to the City General Fund as provided by R.C. § 731.54. The recovery of costs by the city pursuant to this section is a remedy in addition to any other penalties that may be levied.

(c) Violations occurring on construction sites may result in the issuance of a stopwork order until the site is brought into compliance.

(d) The city may also take any other judicial actions provided by law to address violations of this section.

(1) Intent. The presence of vacant structures creates an element that lowers property values, leads to deteriorating housing conditions, undermines the quality of neighborhood life, affects the public health, safety and general welfare, and can also result in human injury and criminal activities. Vacant structures occupy an inordinate amount of city administrative and ordinance enforcement resources and the prolonged presence of vacant structures is unacceptable.

(2) Securing and maintenance of structures and premises. Any structure on a premises that is designated as vacant is required to be maintained and secured so as not to be accessible to any unauthorized person. A structure or premises shall be secured through the following means, including but not limited to:

(a) Any structure found to be unsecure must be secured within 48 hours of notification.

(b) Damaged or non-secure door, window or other openings may be permitted to be boarded up only to eliminate an immediate hazard, but not to exceed 30 days.

1. Methods of securing and/or repairing properties shall include materials typically used in other homes such as glass materials for windows, exterior grade doors in entrance and exit areas, and other materials that ensure the structure is compatible with the surrounding area and appears habitable.

2. Wood or plywood materials shall not be permitted beyond 30 days following notification.

(d) Closure and locking of all windows, doors and other openings that may allow access to the interior of a structure.

(3) Vacant buildings will be subject to the following maintenance requirements:

(a) Structure openings: Doors, windows, areaways and other openings shall be weather tight and secured against entry by birds, vermin and trespassers. Missing or broken doors, windows and other such openings shall be weather protected and tightly fitted to the opening, and timely repaired or replaced as provided in division (C)(2) of this section.

(b) Roofs: Roofs and flashings shall be sound and tight, not admit moisture or have defects, which might admit moisture, rain or roof drainage, and allow for drainage to prevent dampness or deterioration in the interior walls or interior of the structure.

(c) Drainage: The structure's storm drainage system shall be functional and installed in a manner consistent with city regulations and allow discharge in a manner consistent with city regulations.

(d) Structure: The structure shall be in good repair, not in violation of city regulations, structurally sound and free from debris, rubbish and garbage. The structure shall be sanitary. The structure shall not pose a threat to the public health and safety.

(e) Structural members: The structural members shall be free of deterioration and capable of safely bearing imposed dead and live loads.

(f) Foundation walls: The foundation walls shall be structurally sound and in a sanitary condition so as not to pose a threat to public health and safety. The walls shall be capable of supporting the load of normal use and shall be free from open cracks and breaks, free from leaks and be rodent proof.

(g) Exterior walls: The exterior walls shall be free of holes, breaks and loose or rotting materials. Exposed metal, wood, or other surfaces shall be protected from the elements and against decay or rust by periodic application of weather coating materials, such as paint or similar surface treatment.

(h) Decorative features: The cornices, belt courses, corbels, trim, wall facings and similar decorative features shall be safe, anchored and in good repair. Exposed metal, wood or other surfaces shall be protected from the elements and against decay or rust by periodic application of weather coating materials, such as paint or similar surface treatment.

(i) Overhanging extensions: All balconies, canopies, marquees, signs, metal awnings, stairways, fire escapes, standpipes, exhaust ducts and similar features shall be in good repair, anchored, safe and sound. Exposed metal and wood surfaces shall be protected from the elements and against decay or rust by periodic application of weather coating materials, such as paint or similar surface treatment.

(j) Chimneys and towers: Chimneys, towers, and similar features shall be structurally safe and in good repair. Exposed metal and wood surfaces shall be protected from the elements and against decay or rust by periodic application of weather coating materials, such as paint or similar surface treatment.

(k) Walkways: Walkways shall be safe for pedestrian travel.

(l) Accessory structures: Accessory structures such as garages, sheds and fences shall be free from safety, health and fire hazards and shall comply with all regulations for vacant structures.

(m) Premises: The premises upon which the structure is located shall be clean, safe and sanitary. It shall be free from waste, rubbish, debris or excessive vegetation in compliance with city regulations and shall not pose a threat to public health and safety.

The enumeration of the foregoing requirements for vacant buildings shall not be construed as exempting or waiving other generally applicable requirements of local property maintenance, health, or building codes.

(4) Right of entry and inspections. If the owner has failed to maintain a property, the city may enter or reenter the exterior areas of the premises to conduct necessary inspections to ensure compliance with the requirements of this chapter and to determine if there are any emergency or hazardous conditions, and to abate such conditions at the owner's expense.

(5) Reuse and occupancy. No vacant structures shall be reoccupied until inspected and found to be in full compliance with all applicable city codes and a certificate of occupancy is issued by the city.

(6) Responsibility for violations. All nuisance, housing, building and related code violations will be cited and noticed to the owner of record and shall become the owner's responsibility to bring in compliance. If the owner sells or otherwise disposes of the property to another party, the new owner shall not be entitled to any extension of time to correct or address such violations as existed at the time of sale, transfer or conveyance of the property.

(7) Exemptions.

(a) A building under active construction/renovation and having a valid building permit(s) at the time of initial inspection shall be exempt from enforcement procedures until the expiration of the longest running, currently active building permit.

(b) A building that has suffered fire damage or damage caused by extreme weather conditions shall be exempt from enforcement procedures for a period of 90 days after the date of the fire or extreme weather event if the property owner submits a request for exemption in writing to the Code Enforcement Officer. This request shall include the names and addresses of the owner or owners, and a statement of intent to repair and reoccupy the building in an expedient manner, or the intent to demolish the building.

(c) Any owner of a vacant building may request an exemption from the provisions of this chapter by filing a written application with the city who shall timely consider same. In determining whether a request for exemption should be granted, the city shall consider the following: the applicant's prior record as it pertains to Property Maintenance Code violations; the amount of vacant property the applicant currently has within the city; and the length of time that the building for which the exemption is sought has been vacant. The city shall approve, approve with conditions, or reject the completed application for exemption within 30 days of receiving it.

(D) Weeds.

(1) Definitions. Any word or phrase used in these guidelines, which is not defined here shall have the meaning used in the section appropriate to the context in which such word or phrase is used.

(a) GRASS. Any of a large family (Gramineae) of monocotyledonous, mostly herbaceous plants with jointed stems, slender sheathing leaves, and flowers borne in spikelet's of bracts.

(b) NOXIOUS. Physically harmful or destructive to living beings.

(d) WEED. Plant that is not valued where it is growing and tends to overgrow more desirable plants.

(2) Removal of noxious weeds and grass; duty of Code Enforcement Officer.

(a) No person, whether as owner, lessee, agent, tenant or any other person having charge or care of land in the city, shall permit noxious weeds or grass to grow thereon to a height in excess of six inches or fail to cut and destroy such noxious weeds and grass when notified by the Code Enforcement Officer.

(b) The Code Enforcement Officer shall determine when lots and lands in the city contain noxious weeds and grass which constitute a nuisance or endanger the public health, and shall see that such weeds and grass are removed or the nuisance abated.

(3) Notice to owner to cut weeds and grass.

(a) The Code Enforcement Officer shall cause written notice to be served once each growing season, March 1 through October 31 of each calendar year, upon the owners, lessees, tenants or other persons or entities having charge or care of land in the city, notifying him that noxious weeds and grass are growing on such property and that they shall be cut and destroyed within five days after service of such notice and thereafter during the growing season with sufficient frequency to prevent such noxious weeds and grass from exceeding six inches.

(b) Service of the notice may be served by certified mail, as listed in the County Auditor's tax lists at the mailing address as shown on such tax lists; ordinary mail if the certified mail is refused or unclaimed; personal service, by posting at the subject property; or by publishing such a notice once in a newspaper of general circulation in the city.

(4) Failure of owner to comply. The Code Enforcement Officer may determine that noxious weeds and grass are growing on land for which a notice has been issued pursuant to division (D)(1) of this section, which constitute a nuisance and/or endanger the public health, safety or welfare, and that the person having charge or care of the land has neglected or refused to comply with the notice. Thereupon, the Code Enforcement Officer may cause such noxious weeds and grass to be cut by use of city forces and equipment or by the hiring of private contractors.

(5) Costs. The property owner shall pay all costs associated with the cutting and removal of the noxious weeds and grass. Upon completion of the cutting and removal of the noxious weeds and grass, the Code Enforcement Officer shall determine the cost of cutting and removal, and shall cause a statement thereof to be mailed to the owner of the land.

(6) Payment of costs; unpaid costs a lien. The property owner may pay such fees as charged in accordance with this chapter to the city within 30 days after the statement of costs is issued without penalty. If the fee is not paid within 30 days after the statement of charges has been mailed to the owner, the Director of Finance shall certify the charges for services as provided in division (D)(3) of this section to the County Auditor, together with a proper description of the premises. Such amounts shall be entered upon the tax duplicate and shall be a lien upon such lands from the date of entry, and shall be collected as other taxes and returned to the City General Fund as provided by R.C. § 731.54. The recovery of costs by the city pursuant to this section is a remedy in addition to the penalty provided in division (D)(8) of this section.

(7) Exemptions. Areas cultivated specifically as a wildflower area, vegetable garden, or undeveloped land exceeding one acre in size designated as a natural area for birds and other wildlife are exempt from the provisions of this chapter. Designated natural areas abutting residential property or city right-of-way must maintain a 100 foot buffer at a maximum six inches in height around the perimeter of the entire site.

(8) Penalty. Whoever violates any provision of divisions (D)(1) through (D)(6) or (E) of this section is guilty of a minor misdemeanor. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.

(E) Storage of residential waste and recycling containers.

(1) All residential waste and recycling containers shall be placed inside the garage of a residence or to a location at the side or rear of the residence that is shielded from the view of any adjoining property's occupants and any street by natural landscape barriers, which will maintain a 100% year round opacity within two years of planting. Any landscape barrier is subject to the review and approval of the City Manager or the Manager's designee.

(2) For properties located in the Architectural Review District, as defined by § 153.170 and illustrated in Appendix F, containers housing residential waste, yard waste, or recycling materials shall be placed inside the garage of a residence or to a location at the side or rear of the residence that is shielded from the view of any adjoining property's occupants and any street by natural landscape barriers, fence or wall so long as it maintains 100% year round opacity and is compatible with the material and color of the adjacent structure. Screening shall be provided on all sides of the storage area to a height of six inches more than the tallest waste or recycling container. A solid gate matching the screening material is permitted on one side of the structure for walls and fences to provide access to the storage area. For landscape barriers, one side is permitted to remain open so long as it does not directly face a public street or adjacent property. Residential waste and recycling container screening located within the Architectural Review District is subject to review and approval through the certificate of zoning plan approval (CZPA) process.

(F) Parking in residential districts.

(1) For purposes of this section, the following definitions shall apply.

(a) COMMERCIAL VEHICLE. Any vehicle used or designed to be used for business or commercial purposes which infringes on the character of a residential district and includes, but is not necessarily limited to: a bus, cement truck, commercial tree trimming equipment, construction equipment, dump truck, garbage truck, panel truck, semi-tractor, semi-trailer, or any other non-recreational trailer used for commercial purposes, stage bed truck, step van, tank truck, tar truck, or other commercial-type vehicle licensed by the Ohio State Bureau of Motor Vehicles as a commercial vehicle or commercial truck.

(b) PERSONAL AUTOMOBILE. Any vehicle that seats less than ten passengers, is registered as a passenger vehicle or a noncommercial truck, and used for the sole purpose of transporting resident(s) and guests(s) to and from daily activities.

(c) RECREATIONAL VEHICLE. Any motorized vehicle and/or associated nonmotorized equipment used for camping, traveling, boating, or other leisure activities including, but not limited to campers, boats, travel trailers, motor buses (more than nine passengers), motor homes, snow mobiles, wave runners, and other vehicles designed for traveling on water (motorized and non-motorized).

Trailers used for transporting this type of vehicle, or any trailers used for hauling equipment or materials, are also included within this definition.

(2) Commercial vehicles. Commercial vehicles are prohibited within residential districts, except as follows: commercial vehicles are permitted within an enclosed garage provided the garage door is no taller than nine feet in height.

(3) Recreational vehicles. A recreational vehicle may be stored on a residential property provided it is fully enclosed by a structure so that it cannot be entered upon or seen from an adjacent street.

(4) Personal automobiles. The following restrictions apply to personal automobiles.

(a) Location. No personal automobile shall be parked, stored, or allowed to remain on a lot or parcel of land that does not contain a principal structure. Personal automobiles must be parked on a hard surface and shall be prohibited within required side or rear yards and no-build/disturb zones. All personal automobiles shall be parked in a safe manner and shall not obstruct the public right-of-way.

(b) Registration. All personal automobiles shall be operable and have a valid registration and license within the most recent 12-month period. For purposes of this section, operable means capable of being started and driven from the location in question.

(c) Maintenance/condition. All inadequately maintained personal automobiles shall be removed from the residential lot. "Inadequately maintained" includes, but is not limited to broken windows or windshield, missing wheels, tires, motor or transmission, and/or malfunctioning engines, systems or parts.

(5) Exemptions.

(a) Habitation/guest occupancy. A recreational vehicle may be located on a residential lot and outside of an enclosed structure for up to 72 hours in any 30-day period, provided the owner or person in charge of the vehicle is a guest of the resident(s) of that lot. The recreational vehicle will be prohibited within the public right-of-way, any required side or rear yards and no-build/disturb zones. In no case shall the vehicle be used for overnight sleeping or living.

(b) Construction/delivery. Division (F)(2) of this section shall not apply to commercial vehicles used for conveying the necessary tools and materials to premises where labor, using such tools and materials, is to be performed during the time of parking such vehicles. Division (F)(2) of this section shall not apply during the time which commercial vehicles are being loaded or unloaded or used to deliver or hoist property or merchandise for completion of delivery, if such actions are conducted diligently and without unnecessary delay.

(G) Littering.

(1) Deposit of litter on occupied private property. No person shall throw or deposit litter on any occupied private property within the city, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles or collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk, or other public place or upon any private property.

(2) Maintenance of litter free premises. The owner or person in control of any private property shall at all times maintain the premises free of litter; but this section shall not prohibit the storage or litter in authorized private receptacles for collection, or within any building when not in violation of any health, fire, building code or other regulation, order, ordinance or statute.

(3) Vacant lots. No person shall throw or deposit litter on any open or vacant private property within the city whether owned by such person or not. Vacant lots shall be kept free of litter at all times by the person responsible for the properly.

(4) Business establishments: receptacles. Every person owning, or managing, or having charge, control or occupancy of any real property in the city, who maintains a receptacle designated for their use shall dispose of refuse in such a way that said receptacle shall not overflow and the refuse so deposited shall not circulate freely in the environment.

(5) Receptacles: sanitary conditions. Every person owning, or managing, or having charge, control or occupancy of any real property in the city who maintain litter receptacles shall maintain such containers and receptacles in good condition. No receptacle may have ragged or sharp edges or any other defect liable to hamper or injure the person depositing or collecting the contents thereof.

(6) Unsightly premises. Every person owning, or managing, or having charge, control or occupancy of any real property in the city shall not allow any part of such property visible from the street of adjoining premises to become so unsightly or untidy as to substantially detract from the appearance of the immediate neighborhood or tend to threaten the safety and welfare of the immediate neighborhood.

(7) Abatement. All persons, firms, or corporations owning, leasing or occupying buildings, grounds, or lots are hereby required to remove rubbish, trash, weeds, or other accumulation of filth or debris which constitutes a hazard to the public health, safety and welfare, from buildings, grounds, lots, contiguous sidewalks, streets, and alleys.

(8) Enforcement. In case of failure or refusal to comply with any such notice of abatement, the work required thereby may be done at the expense of the city and the amount of money expended therefor shall be a valid claim against the owner, occupant or person in charge and a lien upon such land which may be enforced by suit in any court of competent jurisdiction. Proceedings under this division shall not relieve any party defendant from criminal prosecution or punishment for violation of any other criminal law or ordinance in force within the city.

(H) Penalty.

(1) All violations will be subject to administrative enforcement procedures outlined by administrative order of the City Manager.

(2) Any person violating any provisions of this section shall be guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to a violation of this section or any substantially equivalent state law or municipal ordinance, the offender shall be guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to two or more violations of this section or any substantially equivalent state law or municipal ordinance, the offender shall be guilty of a misdemeanor of the third degree.

(3) Each day such violation is committed or permitted to continue after the initial five working days to abate shall constitute a separate offense and shall be punishable as such hereunder.

(4) Any exterior premises or structure kept in violation of the provisions of this section interferes with the health, safety, and welfare of the public, and is hereby declared to be a public nuisance. In addition to prosecution of such violations, the city may initiate and prosecute proceedings to enjoin the perpetuation of such nuisance conditions, and take such other remedial measures as permitted by law to abate the nuisance conditions and charge the costs of such proceedings or abatement measures against the property for collection in the manner of real property taxes.

('80 Code, § 1183.10) (Ord. 21-70, passed 7-13-70; Am. Ord. 14-17, passed 2-27-17; Am. Ord. 44-20, passed 11-9-20) Penalty, see § 153.999

Cross-reference:

For containment and limitation upon construction noise, see § 150.160

§ 153.077 SCREENING OF SERVICE STRUCTURES.

Service structures shall be screened in all zoning districts. For the purposes of this section, service structures shall include but not be limited to loading docks, storage tanks, dumpsters, electrical transformers, utility vaults which extend above the surface, cooling towers, roof top units and other equipment or elements providing service to a building or a site. Structures may be grouped together; however, screening height shall be based upon the tallest of the structures. Roof top mechanical units must be screened to the full height of the unit.

(A) Screening requirements. A continuous (having 100 percent opacity) planting, hedge, fence, wall of earth, which would enclose any service structure on all sides is required, unless such structure must be frequently moved, in which case screening on all but one side is required. The height of the screening material shall be one foot more than the height of the enclosed structure, but shall not be required to exceed 12 feet in height. Whenever a service structure is located next to a building wall, perimeter landscaping material or vehicular use area landscaping material, such walls or screening material, may fulfill the screening requirement for that side of the service structure if that wall or screening material is of sufficient height to meet the height requirement set out in this section. Plant material used to screen a service structure shall be an evergreen species which retains its needles throughout the year. Deciduous plant material cannot be used to fulfill this screening requirement. The height of the evergreen plant material at installation must be equal to, or greater than, two-thirds of the height of the service structure(s), and meet the height and opacity requirements within four years. No interior landscaping shall be required within an area screened for service structures.

(B) Curbs to protect screening material. Whenever screening material is placed around any trash disposal unit or waste collection unit which is emptied or removed mechanically on a regularly occurring basis, a curb to contain the placement of the container shall be provided within the screening material on these sides where there is such material. The curbing shall be at least one foot from the material and shall be designed to prevent possible damage to the screening when the container is moved or emptied.

(Ord. 46-97, passed 5-5-97)

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