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(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)
SPECIAL DISTRICTS
(A) Special districts established. Districts providing for use or development of land for certain purposes or under certain conditions, as hereafter specified, are hereby established and adopted.
(B) Special district regulations. Regulations pertaining to use or development of land in special districts are provided for the following:
(1) Flood plain development. Provisions pertaining to the use and development of lands subject to periodic flooding are provided to encourage development of such lands in a manner to reduce the perils of flooding and promote the public health, safety and general welfare.
(2) Excavation and quarry. Provisions pertaining to the extraction of sand, gravel and other mineral resources are provided to allow the removal of these important resources in a manner appropriate to adjacent lands and to rehabilitate the excavated area to promote the public health, safety and general welfare.
(3) Oil and gas drilling and production. Provisions pertaining to the drilling and production of oil and gas are provided to allow the exploration for and removal of natural petroleum resources in a manner appropriate to promote the public health, safety and general welfare.
(4) Exceptional uses. Provisions pertaining to certain uses of a unique nature as to warrant individual consideration are provided to allow appropriate location and development in relation to other land use and development in a manner appropriate to promote the public health, safety and general welfare.
(C) Relation to zoning districts. Special districts and regulations thereof shall be in addition to the zoning districts as established on the zoning district map and nothing herein is intended to amend, modify or otherwise change the zoning district regulations except as specifically set forth in the special district regulations.
(D) Relation to zoning district map. The inclusion of land in a special district shall be in addition to the zoning district as established on the zoning district map, and nothing herein is intended to amend, modify or otherwise change the zoning district boundaries as shown on the zoning district map.
('80 Code, § 1185.01) (Ord. 21-70, passed 7-13-70)
(A) Zones. The flood plain shall be divided into two zones as follows:
(1) Restricted zone. The floodway necessary to preserve the natural capacity of the channel for flood water.
(2) Limited zone. The low-lying area on each side of the restricted zone where flooding is of sufficient frequency to require proofing of structures against flood loss.
(B) Zone boundaries. Zone boundaries shall be determined by the designated engineering personnel of the municipality and based upon the State of Ohio Department of Natural Resources publication, Floods at Columbus, Ohio, 1959, and other appropriate information.
(C) Change of zone boundary. The zone boundaries shall only be decreased subject to the provision of flood control or protection works and a finding by the designated engineering personnel of the municipality that such control or protection is adequate to prevent flooding of the land being removed from regulation under this section.
(D) Development standards. In addition to the provisions of the established zoning district, the following standards for arrangement and development of land and buildings are required under this section.
(1) Restricted zone. Within the restricted zone, the use and development of land shall be conducted in such a manner as not to fill the specified channel or to otherwise restrict the flow of flood waters and shall be subject to the approval of the designated engineering personnel of the municipality.
(2) Limited zone. Within the limited zone, the use shall be so developed as to proof the use or structure against flood damage by elevating above the prescribed level or other appropriate means and shall be subject to approval by the designated engineering personnel of the municipality.
('80 Code, § 1185.02) (Ord. 21-70, passed 7-13-70) Penalty, see § 153.999
(A) Permitted use. Land and structures governed by this section shall be used only for the following purposes in addition to permitted uses of the zoning district in which the land is located.
(1) Extraction.
(a) Dimension stone
(b) Crushed and broken stone, including riprap
(c) Sand and gravel
(2) Processing. The temporary erection and operation of plants and equipment necessary for crushing, polishing, dressing or otherwise physically or chemically processing the material extracted on the site including:
(a) Concrete brick and block
(b) Concrete products, except block and brick
(c) Ready-mixed concrete
(1) Intensity of use. There is no minimum lot area required; however, the lot shall be adequate to provide the yard space required by the following development standards and meet the requirements of § 153.071;
(a) For excavation, quarrying and permitted processing, all equipment used shall be constructed, maintained and operated in such a manner as to eliminate, as far as practicable, noise, vibration or dust which would injure or annoy persons living or working in the vicinity.
(b) Accessways or roads within the premises shall be maintained in a dust-free condition through surfacing or such other treatment as may be necessary.
(c) No excavation shall be made from the banks or beds of the Scioto River or any other stream or waterway designated as necessary to the Flood Control Program of Franklin County and no quarrying shall be permitted closer than 200 feet of either bank of the above-named river and creeks except by a finding of designated engineering personnel of the municipality which shall show that such excavation or quarrying shall not impair the lateral support needed for permanent stream levees.
(d) All excavations shall be made either to a depth of five feet below a water-producing level, or graded, or back-filled with non-noxious and noninflammable solids to assure that the excavated area will not collect and retain stagnant water, or that the graded or back-filled surface will create a gently rolling topography to minimize erosion by wind or rain and substantially conform with the contour of the surrounding area.
(e) Whenever the floor of a quarry is five feet or more below the grade of adjacent land, the property containing the quarry shall be completely enclosed by a barrier either consisting of a mound of earth not less than six feet high located at least 25 feet from any street right-of-way and planted with a double row of multiflora rose bushes, other approved landscaping or shall be enclosed with a chain link fence or its equivalent in strength and protective character to a height of six feet in height along the property line. Such barriers may be excluded where deemed unnecessary by the designated engineering personnel of the municipality because of the presence of a lake, stream or other existing natural barrier.
(2) Yard requirements. An excavation shall be located 100 feet or more and back-filled to 150 feet from a street right-of-way line; quarrying operations shall be located 50 feet or more from a street right-of-way line. With approval by the designated engineering personnel of the municipality, such excavation or quarrying may be permitted within these limits to the point of reducing the ground elevation to the established street grade. Excavation or quarrying shall be no closer than 50 feet to a property boundary line, except with the written consent of the adjacent property owner. Plants or equipment for processing of extracted materials or other approved ancillary operations shall not be located nearer than 600 feet to the boundary of the land placed under the provisions of this section.
(C) Rehabilitation plan. Extraction shall be permitted only from areas for which there is a rehabilitation plan approved by Council.
(1) Generally. All such rehabilitation plans shall include the following:
(a) A grading plan showing existing contours in the area to be extracted and proposed future contours showing the topography of the area after completion. Such plans shall include the surrounding area within 500 feet of the property boundary line, drawn to an appropriate scale with contour lines at intervals of five feet or less.
(b) Existing and proposed drainage of the area.
(c) Details of regrading and revegetation of the site during and at conclusion of the operation.
(2) Required rehabilitation. The following requirements shall be met in the rehabilitation plan:
(a) The banks of all extraction, when not back-filled, shall be sloped at a grade of not less than two feet horizontal to one foot vertical. This slope shall be maintained 20 feet beyond the water line if such exists.
(b) Spoil banks shall be graded to a level suiting the existing terrain.
(c) All banks and extracted areas shall be surfaced with at least six inches of suitable soil, except exposed rock surfaces, and shall be planted or seeded with trees, shrubs, legumes or grasses, and maintained until the soil is stabilized and approved by the County Engineer.
(d) When any extraction has been completed, such area shall either be left as a permanent spring-fed lake or the floor thereof shall be leveled in such manner as to prevent the collection and stagnation of water and to provide proper drainage without excessive soil erosion, and shall otherwise comply with these requirements.
(e) All equipment and structures shall be removed within three months of the completion of the extraction of materials.
('80 Code, § 1185.03) (Ord. 21-70, passed 7-13-70) Penalty, see § 153.999
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