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The Board of Zoning Appeals shall have the following powers and duties in addition to those defined elsewhere in this chapter.
(A) To grant special permits for uses listed in this chapter where it is shown that the special use can be granted a permit without substantial impairment of the general purpose and intent of the zoning district in which the use is proposed to be located and without significant incompatibility with the general character of the neighborhood.
(B) To impose such requirement(s), conditions and appropriate time limitations regarding the location, character or other features of the proposed uses or structures as the Board feels necessary to carry out the intent and purpose of the zoning ordinance and to otherwise safeguard the public safety and welfare.
(C) Upon application by the Law Director, to revoke any special permit whose condition has been violated after notice and opportunity to conform have been given.
('80 Code, § 1184.03) (Ord. 101-90, passed 11-19-90)
(A) Purpose. Due to the rapid development of and need for helicopter service it has been deemed appropriate that such uses require a special permit as required by this chapter, to promote the continued growth of such service in a safe and orderly manner.
(B) Permit process. Permits for establishing and maintaining heliports shall be issued to the owner or lessee of the heliport by the Zoning Administrator after approval of a special permit by the Board of Zoning Appeals and, after the applicant has submitted an application providing written proof that:
(1) The heliport when located in zoning districts, other than residential:
(a) Has been inspected and, if applicable, approved and registered or licensed by either the Division of Aviation of the Ohio Department of Transportation (ODOT) or the Federal Aviation Administration for compliance with the criteria set forth in the transportation Laws of Ohio, annotated with Rules and Regulations, Chapter TRa-1, TRa-2 and TRa-5 and amendments thereto and applicable federal regulations;
(b) Has received such approval and clearance from the Federal Aviation Administration (FAA) as may be required by the Federal Aviation Regulations (FARs); and
(c) Is an accessory use to a permitted principal use in the zoning district in which the heliport is located.
(2) The heliport when located in residential zoning districts:
(a) Complies with the above requirements for heliports in zoning districts other than residential;
(b) Shall be limited to helicopters of 12,000 pounds gross weight or less (executive-type helicopters) for the purpose of internal cargo or personnel transportation only;
(c) Shall be a minimum of one acre, and when in use shall be marked in such a way as to be clearly visible;
(d) Shall be a minimum of 500 feet from the nearest occupied structure, expressway, principal arterial, minor arterial or collector streets within the municipality; and
(e) Is an accessory use to a permitted principal use in the zoning district in which the heliport is located.
(C) Fee. A non-refundable fee as set forth from time to time by ordinance shall be paid to the municipality for each application for a special permit to establish a heliport.
(D) Exceptions. No person shall take-off or land a helicopter anywhere within the municipality except at a heliport for which a permit, issued by the municipality, as hereinafter provided, is in force unless such landing or take-off is done:
(1) When necessary for law enforcement or other public safety purposes;
(2) When necessary for aircraft or medical emergencies;
(3) For a single or one-time landing at a site not regularly used for landings when prior approval is obtained from the Manager. Such approval shall not be unreasonably withheld when the Ohio State Transportation Department has issued a temporary heliport certificate for such an activity.
(E) Applicability.
(1) All permits issued shall be only to the original property owner/applicant or original lessee/applicant. If the ownership or tenancy has changed, a new application shall be required.
(2) This section shall apply to all heliports established within the municipality.
('80 Code, § 1184.05) (Ord. 101-90, passed 11-19-90) Penalty, see § 153.999
Editor's Note:
A copy of the most recent ordinance establishing current city fees and service charges is available at city offices during normal business hours.
(A) Purpose. Regulation of dish antennae is intended to provide guidelines for their approval which accommodate the generally large diameter of satellite dish antennae, provide for screening to mitigate the mass of the dish; provide for the most aesthetically pleasing dish location and a safe and appropriate installation.
(B) Permit process. A certificate of zoning compliance for the installation of dish antennae shall be issued to the owner of the property by the Zoning Administrator or appropriate designee after approval of a special permit by the Board of Zoning Appeals. The Board will base its approval upon a site plan submitted by the applicant and the extent to which the plan demonstrates that the installation of the dish antenna is in conformance with the following guidelines:
(1) A dish antenna, when installed in any zoning district, shall be:
(a) Located to the rear of the principal building or structure;
(b) An accessory use subordinate to the principal use of the site;
(c) Mounted in a concrete base in line with grade;
(d) Screened from adjacent properties and landscaped;
(e) Open mesh type if possible;
(f) Wired underground;
(g) Properly maintained; and
(h) Designed to withstand a wind force of up to 70 miles per hour.
(2) A dish antenna, when installed in any residential zoning district or planned residential zoning district as defined in § 153.016 shall be:
(a) Installed in compliance with the general guidelines for all zoning districts; and
(b) Installed as close to grade elevation as possible; and in no case shall be greater than 15 feet above grade height if turned perpendicular to the ground; and the maximum diameter of any dish antenna shall not exceed 12 feet.
(3) A dish antenna, when installed in any commercial zoning district as defined in § 153.016 shall be:
(a) Installed in compliance with the general guidelines for all zoning districts;
(b) Installed as close to grade elevation as possible; in no case shall be greater than 15 feet above grade height if turned perpendicular to the ground; and the maximum diameter of any dish antenna shall not exceed 12 feet;
(c) Located in yards that are not adjacent to residentially zoned districts; and
(d) Removed within 12 months of ceasing operation or when replaced or unused.
(4) A dish antenna, when installed in any industrial zoning district as defined in § 153.016 shall be:
(a) Installed in compliance with the general guidelines for all zoning districts;
(b) Compatible in height with the surrounding development;
(c) Located in yards that are not adjacent to residentially zoned districts; and
(d) Removed within 12 months of ceasing operation or when replaced or unused.
(5) A roof-mounted dish antenna:
(a) When installed, as an accessory use to a residential structure, shall not be greater than three feet above the roof of the structure it is mounted on; and
(b) When installed as an accessory use to structures located in commercial and industrial districts, or permitted nonresidential structures in residential districts, shall be reviewed for safety, compatibility with surrounding development and for other design measures that screen or otherwise make the dish antenna appear less obtrusive.
(C) Fee. A non-refundable fee as set forth from time to time by ordinance shall be paid to the municipality for each application for a special permit to install a dish antenna.
(D) Exemptions. All dish antennae will require a certificate of zoning compliance before installation. However, the following types of installations will not require approval of the Board of Zoning Appeals: Any roof-mounted or ground-mounted dish antenna that is three feet in diameter or less, provided that the site plan submitted for zoning compliance demonstrates that the general guidelines were considered.
('80 Code, § 1184.06) (Ord. 101-90, passed 11-19-90) Penalty, see § 153.999
Editor's Note:
A copy of the most recent ordinance establishing current city fees and service charges is available at city offices during normal business hours.
(A) Exemptions. Ham radio installations are permitted in residential districts provided:
(1) The ham radio tower is no higher than the highest point of the residence. If the tower is retractable, it shall be measured when retracted;
(2) The tower is an accessory use to a permitted principal use of the property;
(3) The tower shall be placed to the rear of the principal use;
(4) Site plan approval is granted by the Zoning Administrator or designee;
(5) All FAA and FCC requirements and building and electrical permit requirements are met.
(B) Fee. A non-refundable fee as set forth from time to time by ordinance shall be paid to the municipality for each application for a communication tower regulated by this chapter and by Chapter 99 of the Dublin Code of Ordinances.
(C) Wireless communications facilities shall be as defined and governed by Chapter 99 of the Dublin Code of Ordinances.
('80 Code, § 1184.07) (Ord. 101-90, passed 11-19-90; Am. Ord. 147-97, passed 12-15-97; Am. Ord. 57-07, passed 9-4-07) Penalty, see § 153.999
Editor's Note:
A copy of the most recent ordinance establishing current city fees and service charges is available at city offices during normal business hours.
(A) Purpose. Regulation of portable structures such as temporary construction trailers, temporary use trailers and portable classrooms is intended to provide for unusual circumstances or the short term needs of the residents of the city, to preserve the quality of life in residential areas and to provide a review process that maximizes the safety and aesthetic appeal of the portable structures and temporary uses and minimizes the duration and intrusion of such structures.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) CONSTRUCTION TRAILER. A temporary building or structure used as a construction office for a project located on the same site during its construction.
(2) PORTABLE CLASSROOM. A manufactured structure not permanently attached to the ground, used on a temporary basis in conjunction with a permanent structure to provide educational services.
(3) PORTABLE NONRESIDENTIAL STRUCTURES. A building(s) or similar structure(s) designed for occupation which is not placed on a permanent foundation. The definition shall include construction trailers, portable classrooms, tents, trailers and any other uses which may be proposed for such structures.
(C) Permit process. A certificate of zoning plan approval shall be issued to the owner of the property by the Director of Land Use and Long Range Planning or designee after approval of a special permit by the Board of Zoning Appeals for any portable nonresidential structure. The Board of Zoning Appeals shall approve, disapprove or approve with conditions a special permit, based on a site plan and a narrative outlining the scope of use to be submitted by the applicant and owner of record of the property according to the rules of the Board of Zoning Appeals. In addition to the provisions of § 153.231(G)(3), the Board shall consider that the proposed structure be:
(1) Permitted in any zoning district provided the use of the structure is a permitted use in the zoning district or an accessory use as provided in § 153.074;
(2) Located on the site so as to provide safe access to the structure and be served by adequate parking;
(3) Screened from view and sensitively located and to show adherence to the standards of the community;
(4) Detailed in a dimensioned site plan to include a complete structure elevation, landscape plan and site lighting;
(5) Proposed for a limited period of time not to exceed one year. The duration of the proposed special permit shall be specified by the applicant and approved by the Board. Extension of the special permit for an additional limited period of time may be permitted by reapplication to the Board when reasonable progress toward a permanent structure is demonstrated. The Board shall base its decision on any extension request on the same criteria as the initial special permit.
(6) Detailed in a narrative noting the specific use proposed and the scope of the intended use; and
(7) Proposed in compliance with development standards with respect to parking and land- scaping.
(D) Exemptions.
(1) Construction trailers are not subject to a Special Permit review by the Board of Zoning Appeals and are permitted in nonresidential zoning districts provided:
(a) The location and footprint of the construction trailer is noted on the construction plans submitted and approved for the certificate of zoning compliance for the project;
(b) The construction trailer is used in conjunction with an approved construction project only during actual construction work; and
(c) The construction trailer is removed from the construction site upon completion of actual construction work or when construction has been discontinued for a period of 30 days or more.
(2) Construction trailers are not subject to a special permit review by the Board of Zoning Appeals and are permitted in residential zoning districts provided: A site plan approval is issued by the Zoning Administrator to show agreement between the municipality and residential developer as to the location of the construction trailer, and the installation of landscape screening in order to improve the visual appearance of the site if the trailer is not screened by existing natural vegetation.
(3) Tents are not subject to a special permit review by the Board of Zoning Appeals and are permitted in nonresidential zoning districts and nonresidential planned districts provided:
(a) A site plan approval is issued by the Zoning Administrator;
(b) The use for which the tent is proposed is a temporary accessory use to a permitted principal use on the same site; and
(c) The tent is approved by the Fire Department.
(d) Portable temporary buildings and trailers used in association with a seasonal business as defined in Chapter 116 of the Code of Ordinances are exempt from special permit requirements. A seasonal business permit, however, is required.
(4) Tents are not subject to a special permit review by the Board of Zoning Appeals and are permitted in residential zoning districts and residential planned districts provided:
(a) The tent is used as an accessory use to the residential use of the premises for such events as wedding receptions or private parties; or
(b) The tent is an accessory to a bona fide special event sanction or permitted by the city; and
(c) The tent is approved by the Fire Department.
(E) Fee. A non-refundable fee as set forth from time to time by ordinance shall be paid to the municipality for each application for a special permit for portable structures and temporary uses.
('80 Code, § 1184.08) (Ord. 101-90, passed 11-19-90; Am. Ord. 28-08, passed 5-19-08) Penalty, see § 153.999
Editor's Note:
A copy of the most recent ordinance establishing current city fees and service charges is available at city offices during normal business hours.
(A) Purpose. Regulation of live seasonal sales items, such as flowers and plants that may be offered for sale. Outdoor seasonal plant display may be approved in accordance with this section for any approved retail location in the City of Dublin regardless of the current zoning classification or applicable regulation in effect prior to the effective date of this section.
(B) Permit. All persons conducting outdoor seasonal plant display shall be required to obtain an outdoor seasonal plant display permit from the Director of Land Use and Long Range Planning or designee. Permit applications shall include, at a minimum, a written description and site plan drawn to scale indicating the location and type of plant material and dates of sale/display.
(C) An existing retail business may conduct outdoor seasonal plant display and sales between March 1 and November 1 each calendar year providing that the following criteria are met:
(1) Contain no hard material for sale such as plastic, metal, or wood, except for display racks, shelves, plant containers, and furniture and equipment necessary for transacting sales. All items for sale must contain a live plant with soil material.
(2) Display must be totally contained within the area approved in front of the building facade containing a major entrance and shall not extend beyond the side of the building defining that facade and not be placed in such a manner as to interfere with pedestrian ingress and egress to the business or adjacent properties, nor effect travel lanes or required parking spaces. At least five feet of clear passage along sidewalks and paved areas adjacent to the display shall be kept open for pedestrian travel. The Director may modify these requirements upon a finding that a proposed location does not unreasonably impair pedestrian or vehicular movement.
(3) Display shall not exceed the reasonable capacity of the space available. No display area for a single building or tenant space shall exceed 1,000 square feet in area.
(4) All display racks, shelves, plant containers, furniture and equipment must be removed no later than November 1 of the approved year or when the use is discontinued.
(5) Signs shall only display the name and species of the material and the price of items for sale and no sign shall be larger than 94 square inches.
(6) Approval may be revoked at any time and use shall be discontinued immediately if it is determined that the applicant is in violation of this section.
(D) These restrictions shall not apply to garden centers/stores accessory to a permitted use and to the storage of materials accessory to and typically found in these uses, provided the materials are located at the side or rear of the principal building and are contained within and screened by a decorative wall or other screening.
(Ord. 42-09, passed 5-10-10)
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