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HomeMy WebLinkAboutOrdinance 07-25RECORD OF ORDINANCES BARRETT BROTHERS - DAYTON, OHIO Form 6220S Ordinance No. _Q7-25 Passed ; AMENDMENTS TO ZONING CODE SECTION 153.002, 153.004, 153.037-153.042 AND 153.236 REGARDING THE WEST INNOVATION DISTRICT, 153.002, 153.048, 153.066, 153.176 REGARDING THE CONCEPT PLAN REVIEW PROCESS, 153.158 REGARDING TEMPORARY SIGNS FOR SPECIAL EVENTS, AND 153.076 REGARDING PROPERTY NUISANCE REGULATIONS (25-005ADMC) WHEREAS, it is necessary from time to time to amend Dublin’s Zoning Code to protect the health, safety and welfare of the citizens of the City of Dublin, and WHEREAS, the City of Dublin Zoning Code needs to be updated to provide clarity and consistency regarding regulations to maintain the high-quality development standards within the City, and WHEREAS, the Planning and Zoning Commission reviewed and recommended adoption of the proposed amendment to Sections 153.002, 153.004, 153.037- 153.042, 153.048, 153.066, 153.076, 153.158, 153.176, and 153.236 of the City of Dublin’s Zoning Code on February 6 and 20, 2025 because it serves to improve the health, safety and welfare of the citizens of the City of Dublin. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, 5 __ of its elected members concurring, that: Section 1. Sections 153.002, 153.004, 153.037-153.042, 153.048, 153.066, 153.076, 153.158, 153.176, and 153.236 of the Codified Ordinances of the City of Dublin is hereby amended and shall provide as attached to this Ordinance: Section 2. This ordinance shall be effective on the earliest date permitted by law. Passed this 7 day of Hon] , 2025. UR _ 4 A — Mayor - Presiding Officer ATTEST: Hered bila Clot of Couyfei Revisions made to Ord. 07-25 by City Council on 4-7-25 immediately follow. Those are followed by the remaining ordinance documents. 1 Public Nuisance Regulations City Council – Approved April 7, 2025 § 153.076 PUBLIC NUISANCE REGULATIONS. Prevention of nuisance. Every Premise/Premises 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. For the purposes of this Chapter premise/premises is defined as part of the realty: A platted lot or part thereof, unplatted lot or parcel of land or plot of land either occupied or unoccupied by, any dwelling or non-dwelling structure and includes any such building, accessory structure or other structure thereon. (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) Property management. The purpose of this section shall be the enhancement of the public health, safety and welfare by eliminating conditions favorable to 2 pestilence, disease and general unsafe conditions, while at the same time improving the quality and appearance and value of property for all of the municipality. (1) Condition of premises; waste accumulation. No person, firm, or other property owners or residents shall in any Zoning District: (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, porch or balcony except in a completely enclosed building or accessory structure as follows. (For the purpose of this section completely enlosed is defined as being enclosed by a roof, walls, fully intact windows and/or screens. Screens are framed wire or plastic mesh designed to keep out insects and permit air flow). Exemptions: 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. 3. Firewood for the personal use of the resident, gardening, recycling and approved accessory uses located in a side or rear yard. Firewood stored outdoors on a residential property shall be stored in the following manner: cut/split and prepared for use; in neat, stable and secure stacks not exceeding 48 inches in height and 60 inches in width; not in a deteriorating state; and covered by a brown, black or grey tarp, or located under a roof structure to shield from precipitation. 4. Lawn furniture and accessories with the exception of upholstered furniture, mattresses, materials and other similar products not designed, built and manufactured for outdoor use unless on an enclosed porch or balcony. 5. Portable storage container designed for temporary moving and storage of furniture, household goods, etc. to be delivered by a commercial enterprise to a commercial storage facility or customer’s destination. Portable storage containers are permitted as non-permanent accessory use and may not be located on any parcel for more than (2) two non-sequential (14) fourteen day periods in a calendar year. The container shall be stored on an improved surface whenever possible and not block sidewalks or shared use paths. (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 3 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 4 violations of this section. (C) Vacant structures. (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. (c) Damaged or broken doors, windows or other openings shall be repaired properly within 30 days of notification. 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. 5 (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. 6 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 7 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. (c) NOXIOUS WEEDS. Any type or species that have been included on the official list of noxious plants for the state. (d) WEED. Plant that is not valued where it is growing and tends to overgrow more desirable plants. (2) Removal of noxious weeds, 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, weeds or grass to grow thereon to a height in excess of six inches or fail to cut and destroy such noxious weeds, 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, 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, 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, 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, weeds and grass to be cut 8 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, weeds and grass. Upon completion of the cutting and removal of the noxious weeds, 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 or a 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 is subject to review and approval through the certificate of zoning plan approval (CZPA) process. 9 (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 VEHICLE. 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) Condition/Location. The following restrictions apply to all vehicles. (a) Location. No vehicle shall be parked, stored, or allowed to remain on a lot or parcel of land that does not contain a principal structure. Vehicles must be parked on a hard surface and shall be prohibited within required side or rear yards and no- build/disturb zones. All vehicles shall be parked in a safe manner and shall not obstruct the public right-of-way. (b) Registration. All vehicles shall be operable and have a valid registration and license within the current 12-month period. For purposes of this section, operable means capable of being started and driven from the location in question. (c) Inoperable Vehicle. For the purpose of this section, a vehicle shall be deemed inoperable when any of the following conditions exist: one or more wheels or tires are missing, one or more tires are flat, one or more windows are missing or broken, the windshield is missing or broken, parts required for the operation of the vehicle are missing or a license with a distinctive 10 number and valid for the current year is not displayed thereon. All inoperable vehicles shall be removed from the residential lot. (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 11 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 12 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 1 REVIEW AND APPROVAL PROCEDURE AMENDMENT - CONCEPT PLAN City Council – Approved April 7, 2025 153.002 Definitions (B) General definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning, as determined by the Director. (3) General definitions - C (p) CONCEPT PLAN. A plan that generally indicates the overall design of a proposed PUD or BSD project with sufficient information to enable the applicant and the city to discuss the concept for the proposed development and analyze if the proposal is generally consistent with the Community Plan and other applicable plans of the city. Mixed Use Regional District 153.048 Review and Approval Procedures and Criteria (B) Process summary. (1) The following table summarizes the review and approval processes for the various application types that are applicable to development within a MUR Zoning District. Specifics for each of these processes can be found in the respective section identified in the column titled “Zoning Code Reference”. Table 8: Process Summary Table R=Recommendation D=Decision A=Administrative Appeal RF=Review & Feedback 2 Review/ Approval Body: Planning Director Administrative Review Team Board of Zoning Appeals Planning and Zoning Commission City Council Zoning Code Reference Table 8: Process Summary Table R=Recommendation D=Decision A=Administrative Appeal RF=Review & Feedback Review/ Approval Body: Planning Director Administrative Review Team Board of Zoning Appeals Planning and Zoning Commission City 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) Zoning Code Approvals Use Variance R R D § 153.231(H)(3) Non-Use (Area) Variance R D § 153.231(H)(2) MUR District Applications 3 Pre-Application Staff Meeting RF § 153.048(C) Informal Plan R RF § 153.048(D) Concept Plan R RF § 153.048(E) Final Development Plan R A D § 153.048(F) Minor Project R D A § 153.048(G) Waivers R D § 153.048(H) Administrative Departure D A § 153.048(I) Master Sign Plan R D § 153.048(J) Administrative Approvals D § 153.048(K) Certificate of Zoning Plan Approval D § 153.048/ § 153.048(M)(3) 4 (D) Informal Plan. 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 review of a subsequent application. 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 is to provide a general outline of the scope, character, and nature of the proposed development to determine if it is consistent with the policy direction and recommendations set forth in the Community Plan, the Dublin Corporate Area Plan, the MUR Design Guidelines, the requirements of the MUR Zoning Districts, and applicable Zoning Code requirements. (b) The Concept Plan review provides an opportunity for public input at an early stage of the development process. (c) The Concept Plan review is intended to provide clear direction to the applicant by the required reviewing body resulting from its review and feedback of the application. (d) The Concept Plan review shall serve as a basis for preparation by the applicant of the FDP for the proposed development. (2) Review procedures. (a) The Concept Plan is a mandatory step in the development review and approval process. (b) An application for a Concept Plan shall be made in accordance with the provisions of division (M)(1) of this section. (c) The Planning and Zoning Commission shall be the required reviewing body for the Concept Plan in the MUR Zoning Districts. (d) The Concept Plan shall be forwarded to the PZC for review and feedback under the criteria of division (E)(4) of this section. (e) The Director shall provide an analysis of the CP application under the considerations of division (E)(4) of this section. (f) The PZC shall review the Concept Plan application, the minutes of the PZC meeting if an informal review was requested by the applicant, the Director’s analysis, and provide feedback based on the considerations of division (E)(4) of this section. 5 (3) Submittal requirements. It is the intent of these regulations that the Concept Plan 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 (M)(1) of this section and determined by the Director. (4) Review considerations. The required reviewing body shall review and provide feedback on an application for a Concept Plan based on each of the following considerations. (a) The Concept Plan is consistent with the applicable policy guidance of the Community Plan, the Dublin Corporate Area Plan, the MUR Design Guidelines, the requirements of the MUR Zoning Districts, other applicable Zoning Code requirements, and other applicable city plans, and citywide administrative and financial policies; (b) The Concept Plan conforms to the applicable requirements of the Code; (c) The illustrative lots, supporting street and pedestrian network, and internal circulation provide a coherent development pattern 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 § 153.046, 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 requirements of § 153.047, Site Development Standards and the MUR Design Guidelines; (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; and (g) The Concept Plan 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. (F) Final Development Plan (4) Review criteria. The PZC shall make its decision on an application for an FDP based on each of the following criteria: 6 (a) The FDP shall be substantially similar to the Concept Plan, and consistent with the record established by the required reviewing body, the associated staff report, and the Director’s recommendation; (M) Duration of Approvals (a) Because the review of a Concept Plan application is non-binding on the city and does not result in a decision by the PZC, the comments made during the Concept Plan application review do not expire. However, if the applicant makes any material change in the Concept Plan application following the review, the applicant should not assume that the previous Concept Plan review comments remain applicable to the revised application. Bridge Street District 153.066 Review and Approval Procedures and Criteria (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 7 R = Recommendation D = Decision A = Administrative Appeal RF = Review & Feedback Type of Application PD ART BZA PZC Council Zoning Code Reference 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 RF § 153.066(E) 8 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) (D) Informal. 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 9 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 review of a subsequent application. 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. (c) The CP review provides an opportunity for public input at an early stage of the development process. (d) The CP review is intended to provide clear direction to the applicant by the required reviewing body resulting from its review and feedback of the application. (e) The Concept Plan review shall serve as a basis for preparation by the applicant of the Preliminary Development Plan (PDP) for the proposed development. (f) For Concept Plan applications disapproved by PZC before the effective date of this revised section and after June 1, 2023, and for which a notice of appeal was timely filed, an applicant would be permitted to submit a Preliminary Development Plan application for review within one year of the effective date of this amendment. 10 (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. (d) The Director shall provide an analysis of the CP application under the considerations 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 analysis, and provide feedback based on the considerations of division (E)(4) of this section. (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 considerations 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 considerations. The required reviewing body shall review and provide feedback on an application for a Concept Plan based on each of the following considerations. (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; 11 (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. (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 CP, the record established by the required reviewing body, the associated staff report, and the Director's recommendation; (O) General Provisions (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) Because the review of a Concept Plan application is non-binding on the city and does not result in a decision by the PZC, the comments made during the Concept Plan application review do not expire. However, if the applicant makes any material change in the Concept Plan application following the review, the applicant should not assume that the previous Concept Plan review comments remain applicable to the revised application. Historic District 153.176 Review and Approval Procedures and Criteria TABLE 153.176A: SUMMARY PROCEDURE TABLE 12 R=Recommendation D=Decision A=Administrative Appeal RF=Review & Feedback Type of Application PD ARB BZA PZC Counc il Zoning Code Reference TABLE 153.176A: SUMMARY PROCEDURE TABLE R=Recommendation D=Decision A=Administrative Appeal RF=Review & Feedback Type of Application PD ARB BZA PZC Counc il Zoning Code Reference Zoning Code Approvals Zoning Map or Text Amendment R R R D § 153.234 Conditional Use R 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) Historic District Applications Pre-Application RF § 153.176(D) Informal Review RF RF § 153.176(E) Concept Plan R RF § 153.176(F) 13 Preliminary Development Plan R D § 153.176(G) Final Development Plan R D A § 153.176(H) Minor Project R D A § 153.176(I) Demolition R D A § 153.176(J) Waivers R D § 153.176(K) Master Sign Plan R D § 153.173(L)/ § 153.176(L) Administrative Approval D A § 153.176(M) Certificate of Zoning Plan Approval D § 153.233/ § 153.176(O)(3 ) (E) Informal review. An applicant may submit an Informal application for review of a development concept with the ARB. 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 ARB and the applicant, however, it is intended to provide feedback by the ARB that should inform the preparation and review of a subsequent application. The Planning Director shall prepare a brief analysis that will be submitted to the ARB with the application. (F) Concept plan. (1) Purpose and applicability. 14 (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, the Historic Design Guidelines, the requirements of the Historic Zoning Districts and those applicable to designated outlying resources, 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, Historic Design Guidelines, and applicable Zoning Code requirements; 2. That the proposed development and layout are generally compatible with the existing development pattern and scale of development within Historic Dublin; or surrounding development for the designated outlying resources; 3. That the proposed development concept generally preserves and maintains the historic nature of a given site; and 4. That the proposed development concept has the potential to create a walkable, pedestrian scale place. (c) The CP review provides an opportunity for public input at an early stage of the development process. (d) The CP review is intended to provide clear direction to the applicant by the required reviewing body resulting from its review and feedback of the application. (e) The Concept Plan review shall serve as a basis for preparation by the applicant of the Preliminary Development Plan (PDP) for the proposed development. (2) Review procedure. (a) The CP is a mandatory step in the development review and approval process. (b) An application for a CP shall be made in accordance with the provisions of divisions (P)(1) of this chapter. (c) The ARB shall be the required reviewing body for the CP in Historic Dublin and any designated outlying property. (d) The Director shall provide an analysis of the CP application under the considerations of division (F)(4) of this section. 15 (e) The ARB shall review the CP application, the minutes of the ARB meeting if an informal review was requested by the applicant, the Director’s analysis, and provide feedback based on the considerations of division (F)(4). (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 considerations in division (F)(4). The applicant shall submit an application and supplemental materials as outlined in division (P)(1) and determined by the Director. (4) Review considerations. The required reviewing body shall review and provide feedback on an application for a CP based on each of the following considerations. (a) The CP is consistent with the applicable policy guidance of the Community Plan, applicable Zoning Code requirements, and other applicable city plans, and citywide administrative and financial policies; (b) The CP is consistent with the Historic Design Guidelines; (c) The CP conforms to the applicable requirements of the Code; (d) The CP is consistent with surrounding historic context, character, and scale of the immediately surrounding area and the district as a whole; (e) The applicant or applicant’s representative has demonstrated that it has technical expertise and experience with appropriate construction methods consistent with sound historic preservation practices; (f) The illustrative lots, supporting street and pedestrian network, and internal circulation provide a coherent development pattern and the conceptual locations of access points to surrounding streets will avoid adverse impacts on surrounding neighborhoods and traffic infrastructure; (g) The proposed land uses allow for appropriate integration into the community, consistent with adopted plans, and align with the requirements of § 153.172 Uses; (h) The conceptual improvements are appropriately sited and scaled to create a cohesive development character that complements the surrounding environment, and conforms to the architectural requirements of § 153.174 Design Standards and the Historic Design Guidelines; (i) The conceptual design of open spaces, including location and relationship to surrounding resources, provides for meaningful public gathering spaces that benefit the community both within and outside the proposed development; and 16 (j) 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. (G) Preliminary development plan. (4) Review criteria. The ARB 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 CP, the record established by the required reviewing body, the associated staff report, and the Director’s recommendation; (P) General provisions. (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 ARB, 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) Because the review of a Concept Plan application is non-binding on the city and does not result in a decision by the ARB, the comments made during the Concept Plan application review do not expire. However, if the applicant makes any material change in the Concept Plan application following the review, the applicant should not assume that the previous Concept Plan review comments remain applicable to the revised application. 1 WEST INNOVATION DISTRICT – CODE AMENDMENTS City Council – Approved April 7, 2025 153.002 DEFINITIONS (23) Uses definitions - W (a) WAREHOUSING, WHOLESALING AND DISTRIBUTION. Facilities for the mass storage and movement of goods as well as transportation, logistics, maintenance and fleet parking. (b) WIRELESS COMMUNICATION. Wireless communications facilities and related terms are defined in § 99.04 of this Code of Ordinances. 153.004 APPLICATION (D) Annexed territory. Territory annexed to the municipality after the effective date of the Zoning Ordinance shall be automatically rezoned to the R, Rural District or in the case for property located within the boundaries of the West Innovation District Special Area Plan, to the appropriate Innovation District (ID-1, ID-2, ID-3 or ID-4) in accordance with the adopted Future Land Use Plan as soon as such property is accepted by City Council. § 153.037 DISTRICT PURPOSE AND INTENT. (A) Purpose. The West Innovation District's (WID) requirements and standards are intended to provide five distinct zoning districts to implement the city's vision and goals in creating an innovation and research district. The district is envisioned as an important technology and research business center that will encourage the development and operation of suburban technology and office park campuses and promote individual sites for development attracting high-tech and related uses to the city. These requirements and standards are meant to foster the orderly growth and development of these uses as well as promote the development of commercial, service, recreational and residential uses in appropriately designated areas that serve the primary users in the districts. The goal is to create zoning districts that set development requirements to ensure that buildings and uses in the districts will adhere to high-quality, uniform design standards while addressing the unique needs of specialized industries and uses. At the same time, these requirements give a competitive advantage to the district by providing a streamlined process for reviewing development proposals. 2 (B) Standard districts. All Innovation Districts are standard zoning districts under § 153.016(A) and shall constitute separate and distinct zoning classifications. (C) Conflicts. If these requirements conflict in any manner with the City of Dublin Codified Ordinances, the provisions of the districts shall prevail. All matters not covered by the districts and their requirements shall be regulated by the requirements and standards contained in the City of Dublin Zoning Code. (D) Severability. If any provision or provisions of this subchapter or the application thereof to any zoning lot, building or other structure or tract of land are declared by a court of competent jurisdiction to be invalid or ineffective in whole or in part or to be inapplicable to any person or situation, the effect of such decision shall be limited to the provision or provisions which are expressly stated in the decision to be invalid or ineffective to the zoning lot, building or other structure or tract of land immediately involved. All other provisions of this subchapter shall continue to be separate and fully effective, and the application of any such provision to other persons or situations shall not be affected. (E) Establishment of districts. There are hereby created five Innovation District zoning classifications: Research Office (ID-1); Research Flex (ID-2); Research Assembly (ID-4); Research Mixed Use (ID-4); and Research Recreation (ID-5) District. (F) Zoning amendments. A request to zone or rezone land to any Innovation District designation shall be made in accordance with § 153.234, Zoning Text and Map Amendments. (G) Applicability. Any development proposed to occur on land designated as ID-1, ID-2, ID-3, ID-4, and ID-5 shall be required to meet the requirements of the Innovation Districts as specified herein. In the case of the ID-5 District, development shall comply with the latest adopted version of "Planned Industrial Park Development Text: Northwest Dublin Commercial Park/Sports Ohio." (1) Continuance of existing structures. Where a lawful structure exists at the effective date of this amendment that does not comply with the requirements of this Code because of restrictions such as front property line occupation, lot coverage, required build zone, buildable area, height or other requirements related to the structure, that structure may be continued as an existing structure as long as it meets the requirements of § 153.039(C)(11). Notwithstanding the provisions of § 153.004, the following shall apply to buildings and structures within the Innovation Districts. (2) Expansion of existing structures. Existing structures may be extended, enlarged, altered, remodeled or modernized only after approval by the Administrative Review Team (ART) upon finding that all of the following conditions are met: (a) That the existing structure meets all height, area and/or parking and loading provisions that were applicable immediately prior to the rezoning of the property on which it is located into an Innovation District. 3 (b) That the enlargement or extension is limited to the same parcel on which the existing structure was located on at the time of the adoption of this amendment. (c) That the improvement does not interfere with the use of other properties in the vicinity. (d) That the enlargement or extension does not exceed 50% of the GFA of the existing structure at the time of the adoption of this amendment. (3) Compliance with parking requirements. Any existing structure which does not have the minimum number of parking spaces or loading areas as required by this Code, and which thereafter provides additional parking and/or loading spaces in conjunction with an improvement as permitted in § 153.039(C)(11)(b), shall be required to meet the minimum number of parking spaces as required by the district in which it is located. (4) Reconstruction or movement. Should an existing structure be destroyed to an extent of more than 60% of its replacement value, exclusive of the foundation, that existing structure shall be reconstructed only in conformance with the provisions of this Code. Existing structures destroyed to an extent equal to or less than 60% of its replacement value, exclusive of the foundation, may be reconstructed in the location that existed prior to the adoption of this amendment. Should the property/building owner or lessee demolish more than 50% of the gross square footage of an existing structure, all improvements on the property must be constructed in accordance and/or brought into conformance with the requirements of this Code. All permitted reconstruction shall be started within 12 months of destruction and be continued until completion. (5) Existing uses. The long range implementation of the West Innovation District requires sensitive treatment of existing uses that represent significant investment in the city. It is the intent of this section to permit existing uses to continue and to be considered conforming to this Code, even if the use is not otherwise permitted in the District or building type, provided that the following requirements are met: (a) Continuation of use. All uses that were permitted or conditional uses under the zoning of a property immediately prior to its rezoning into an Innovation District shall continue to be allowed as permitted or conditional uses on the property in addition to those permitted and conditional uses under the applicable Innovation District, provided that at least one of the permitted or conditional uses under the prior zoning has been operated in an existing structure on the property within 12 months prior to the rezoning of the property into the Innovation District. (b) Expansion of existing uses. In addition to the provisions of division (5)(a) above, any existing use may be extended throughout any building or parts of a building which were manifestly arranged or designed for that use at the time of adoption or amendment of this Code, but the use shall not be extended to occupy any land outside the building except as permitted by the ART in § 153.039(C)(11). 4 (c) Abandonment of existing uses. If an existing use is abandoned for any reason for a period of more than 12 months, any subsequent use shall conform to the requirements of this Code. With regard to a multi-tenant building, the term EXISTING USE shall mean all of the existing uses in that building. (d) Determination of abandonment. An existing use shall be determined by the Director to be abandoned if one or more of the following conditions exist: 1. Utilities such as water, gas and electricity to the property have been disconnected; 2. The property, buildings and/or grounds have fallen into disrepair; 3. Signs or other indications as to the presence of the use have been removed; 4. Equipment or fixtures necessary for the operation of the use have been removed; or 5. Other actions, which in the opinion of the Director constitute an intention on the part of the property owner or lessee to abandon the use. (H) District intent. (1) Research Office (ID-1) District. The purpose of the Research Office District is to provide for the integration of large format research and office uses in multistory buildings. Uses within the ID-1 District may include a mix of office, research, laboratory, clean manufacturing, assembly, and other uses incidental to office, technology and research uses. Higher-intensity sites in this district include those with higher freeway and major arterial visibility. Architecture should include taller buildings and be provided at a higher level of quality, and parking structures should be considered where feasible to maximize development potential for the district. This district may include manufacturing of a lower intensity nature conducted in a manner and with a character that does not create significant negative effects. Clean manufacturing and assembly should be incidental to a larger office/research facility and/or should be constructed at a higher level of architectural quality expected in this highly visible district. (2) Research support buffer. The research support buffer identifies those portions of the West Innovation District where conditions are most favorable for the future incorporation of commercial support services for businesses, employees and area residents. Based upon analysis of area traffic levels, expected growth and existing and planned road networks, a buffer area 1,300 feet from the west right-of-way line for Avery Road was determined to be the most visible areas with interchange adjacency and access to major arterials that are located at the entry point to the WID. The buffer is intended to provide opportunity for appropriately sited support uses that can be supported by employment and through traffic to enhance Dublin's marketability of the WID. The adopted WID Plan further identifies similar buffer areas north of SR 161 that will address future needs in that portion of the WID. With conditional review of 5 commercial support uses, the buffer reduces the potential for future land use conflict and will allow for greater public review of support uses. (3) Research Flex (ID-2) District. The purpose of the Research Flex District is to provide for the integration of small to medium-size research and office uses in flexible building construction with smaller footprints and lower building heights than the ID-1 District. This District focuses on, but is not limited to, the provision of flexible space that can accommodate a broad range of changing business and research needs as businesses grow and change. Construction in this district is focused on smaller sites for single users or larger tract development with multiple buildings housing a variety of companies. Greater attention to architectural detail and quality should be expected similar to the ID-1 District. (4) Research Assembly (ID-3) District. The ID-3 District is intended to provide for a greater emphasis on large format buildings and sites. Located at the western extents of the district, development focus in this area is intended for clean manufacturing and assembly at a higher intensity or scale. Uses are not expected to create significant impacts, and architecture is expected to accommodate uses with greater focus on manufacturing and assembly. Development within the ID-3 District may include uses and design quality appropriate to the ID-1 or ID-2 Districts but require less stringent architectural requirements. (5) Research Mixed Use (ID-4) District. The ID-4 District provides opportunities for a limited mix of uses in close proximity to employment, recreational amenities and existing neighborhoods. This district is intended for smaller scale research uses, housing and office options either horizontally or vertically integrated as a coordinated mix of uses. Residential options should provide housing choices for employees within the Innovation Districts within easy walking or biking distance. Integration of offices and small support uses can provide a transition to adjacent land uses. (6) Research Recreation (ID-5) District. The ID-5 District is intended to support the continued use and development of sports, recreation and amusement uses located within the Innovation Districts as an integral public amenity for residents and businesses within the area. (Ord. 13-08, passed 4-7-08; Am. Ord. 32-11, passed 6-27-11) § 153.038 DISTRICT USES. (A) Rezoning to the Innovation Districts, as described below, shall be accomplished in accordance with the procedures of § 153.234. The four districts shall be designated on the Official Zoning Map for the City of Dublin as: (1) Research Office (ID-1) with a Research Support Buffer; (2) Research Flex (ID-2); 6 (3) Research Assembly (ID-3); (4) Research Mixed Use (ID-4); and (5) Research Recreation (ID-5). (B) Uses in the Innovation Districts are shown on the following table. Descriptions and characteristics of use categories can be found in § 153.002(A), uses definitions. Additional development requirements for particular uses are contained in division (C) of this section as referenced below within the "Use Specific Standards" column. (1) Permitted uses. Uses denoted as "P" in Table 153.038(B)(4), Table of Uses, indicate that the use is allowed by right, subject to compliance with the use specific requirements referenced in the Table of Uses and all other applicable provisions of the Zoning Code. (2) Conditional uses. Uses denoted as "C" in Table 153.038(B)(4), Table of Uses, indicate that the land use is allowed only upon approval of a conditional use permit as required by § 153.236, compliance with use specific requirements referenced in the Table of Uses and all other applicable provisions of the Zoning Code. (3) Size or time limited uses. Uses denoted with an "S" or "T" in Table 153.038(B)(4), Table of Uses, indicate special limits regarding size or time duration of the use and are subject to compliance with the use specific requirements referenced in the Table of Uses and all other applicable provisions of the Zoning Code. (4) Table of uses. The following table identifies permitted and conditional uses within the ID-1, ID-2, ID-3 and ID-4 Districts. In all cases, blank spaces or uses not included indicate that the uses are not permitted. For the Research Recreation (ID-5) District, uses shall be those as outlined in the latest adopted version of "Planned Industrial Park Development Text: Northwest Dublin Commercial Park/Sports Ohio." P=Permitted C=Conditional S=Size Limited T=Time Limited Principal Uses Research Office Research Flex Research Assembly Research Mixed Use Use Specific Standards Commercial Uses ID-1 ID-2 ID-3 ID-4 Animal Care – General Services C 153.038(C)(1) 7 Animal Care – Veterinary Offices C 153.038(C)(1) Animal Care – Veterinary Urgent Care and Hospitals C 153.038(C)(1) Conference Center P P 153.038(C)(2) Data Center C C C Eating and Drinking C 153.038(C)(3) Entertainment and Recreation – Indoor C P 153.038(C)(4) Entertainment and Recreation – Outdoor 153.038(C)(4) Exercise and Fitness C P P 153.038(C)(4) Fueling/Service Station C 153.038(C)(5) Hotel P Office – General P P P P Office – Call Centers P P P Office - Flex P P P P 153.038(C)(6) 8 Office – Medical P P P P Parking Structures P 153.038(C)(7) Personal, Repair and Rental Services C 153.038(C)(8) Retail C 153.038(C)(8) Transportation – Park and Ride P P P 153.038(C)(9) Civic, Public & Institutional Uses ID-1 ID-2 ID-3 ID-4 Day Care C P P 153.038(C)(10) Educational Facility P P P 153.038(C)(11) High School P P P 153.038(C)(11) Government Services – General P P P Government Services – Safety P P Government Services – Service P P Hospital P P P Library, Museum or Gallery C 153.038(C)(12) 9 Religious or Public Assembly P 153.038(C)(13) Parks and Open Space P P P P Transportation – Transit Station P P P Industrial Uses ID-1 ID-2 ID-3 ID-4 Construction and Contract Service P P Manufacturing and Assembly P P 153.038(C)(14) Mini-Storage 153.038(C)(15) Research and Development P P P P Utilities- District Energy Plant P P P 153.038(C)(16) Utilities- Electric Substation P 153.038(C)(18) Utilities- Essential Services P P P P Utilities- Wireless Communications See Dublin Code Chapter 99 153.038(C)(19) Warehousing, Wholesaling, and Distribution C P 153.038(C)(20) 10 Residential Uses ID-1 ID-2 ID-3 ID-4 Dwelling- Single- Family 153.038(C)(21) Dwelling- Townhome P 153.038(C)(22) Dwelling- Live- Work C P 153.038(C)(22) Dwelling- Multiple Family P 153.038(C)(22) = Research Support Buffer ONLY P=Permitted C=Conditional S=Size Limited T=Time Limited Accessory uses are permitted only in connection with a permitted or approved conditional use on the same property and must be clearly subordinate and incidental to that use. No accessory use may be operated when a permitted or conditional use does not exist on the property. Permitted principal uses are permitted as accessory uses Accessory/Tempo rary Uses Research Office Researc h Flex Researc h Assembl y Resea rch Mixed Use Use Specific Standards Commercial Uses ID-1 ID-2 ID-3 ID-4 Bicycle Facilities P P P P 153.038(C)(23) Child Day Care P P P P 153.038(C)(10) Community Activity P,T P,T P,T P,T 153.038(C)(24) 11 Construction Trailer/Office P,T P,T P,T P,T 153.038(C)(25) Corporate Residences P P P Drive-In/Drive-Thru C 153.038(C)(26) Dwelling Rental or Sales Office P 153.038(C)(27) Eating and Drinking P P P P 153.038(C)(3) Entertainment and Recreation- Indoor P P P 153.038(C)(4) Exercise and Fitness P P P P 153.038(C)(4) Helipad/Heliport P C 153.038(C)(28) Home Occupation P 153.038(C)(29) Outdoor Display/Seasonal Sales C,T 153.038(C)(30) Parking Structures P P 153.038(C)(7) Personal, Repair and Rental Services P,S P,S P,S 153.038(C)(8) Retail P,S P,S P,S 153.038(C)(8) Transportation - Park and Ride P P 153.038(C)(9) Transportation - Transit Stop P P P P 12 Utilities - Essential Services P P P P Utilities - Renewable Energy P P P P 153.038(C)(31) Utilities - Renewable Wind Equipment C C C C 153.038(C)(31) Utilities - Wireless Communications See Dublin Code Chapter 99 Vehicle Charging Stations P P P P Warehousing, Wholesaling and Distribution P,S P,S P,S Research Support Buffer ONLY (C) Use specific standards. The following requirements shall apply in addition to all other applicable development regulations for specific types of uses in the ID-1, ID-2, ID-3 and ID-4 Districts. For the Research Recreation (ID-5) District, use regulations shall be those as outlined in the latest adopted version of "Planned Industrial Park Development Text: Northwest Dublin Commercial Park/Sports Ohio." (1) Animal care-general services; animal care-veterinary offices; animal care- veterinary urgent care and hospitals. Principal uses are limited to the research support buffer within the ID-1 District as a stand-alone use or as part of a larger retail center. Conditional use approval must be obtained as required by § 153.236. All activities shall be conducted indoors. No outdoor animal exercise or activity areas shall be permitted. Boarding of animals shall only be permitted for the ongoing care of animals in treatment and must be provided within the principal structure. (2) Conference centers. Facilities may be either freestanding or included within permitted hotels. Uses include accessory components such as banquet facilities and restaurants. (3) Eating and drinking. Principal uses are limited to the research support buffer within the ID-1 District as a stand-alone use or as part of a larger retail center. 13 Conditional use approval must be obtained as required by § 153.236. As an integrated use on the ground floor of another principal use, facilities shall not exceed a cumulative total of 15% of the gross floor area of the ground floor. The following requirements shall apply for outdoor seating: (a) Speakers for amplified sound must not operate at a level greater than that to provide background music; (b) Advertising on furniture is prohibited; (c) A secure, enclosed area must be provided for the storage of furniture when not in use that will not interfere with pedestrian movement. (4) Entertainment and recreation-indoor; entertainment and recreation-outdoor; exercise and fitness. Principal uses are permitted in the ID-2 District. Within the ID-1 District uses are limited to the research support buffer as a stand-alone use or as part of a larger retail center, subject to conditional use approval as required by § 153.236. No use shall exceed 20,000 square feet of gross floor area. Accessory uses shall not exceed 10% of the gross floor area of the principal use. (5) Fueling/service station. Principal uses are limited to the research support buffer within the ID-1 District as a stand-alone use or as part of a larger retail center. Conditional use approval must be obtained as required by § 153.236. The following requirements shall also apply: (a) Facilities shall be located no less than 200 feet from any intersection, as measured from the corner property pin. (b) Each fueling station/pump shall be designed to accommodate a minimum of three vehicles (one at pump and two waiting). (c) Under canopy lighting should be recessed to avoid glare and light trespass. (d) All canopies shall be clad in materials to match the primary structure, and multiple canopies are preferred over one continuous roof form. (e) Convenience store components shall be located along the public right-of- way and provide entry and orientation to the public street. (f) Accessory items for fueling stations such as waste receptacles should be located between stations. Vending machines and outdoor sales and displays must obtain separate approval as required by this section. (g) All inoperable vehicles must be parked in a defined service area providing screening in accordance with § 153.133. (h) Each fueling/service station shall be adequately buffered from adjacent properties as required by § 153.133. 14 (6) Office-flex. Flex office must include a minimum of 30% office use. Remaining space may be used for any combination of research and laboratory space, clean manufacturing and assembly, wholesaling and/or related showroom, warehousing and or distribution purposes. Any showroom component shall not exceed 10% of the gross floor area of the principal structure and shall not count toward office calculations. (7) Parking structures. All parking structures shall meet the requirements of § 153.040(J). (8) Personal, repair and rental services; retail. Principal uses are limited to the research support buffer within the ID-1 District as a stand-alone use or as part of a larger retail center. Conditional use approval must be obtained as required by § 153.236. As ground-floor accessories to a larger permitted use, integrated establishments shall not exceed 10,000 square feet or 20% of the ground floor of the structure, whichever is smaller. (9) Transportation- park-and-rides. Park and ride facilities shall provide only one shelter per bus route. (10) Day care. Principal uses are permitted within the ID-2 District and are limited to the research support buffer within the ID-1 District as a stand-alone use or as part of a larger retail center subject to conditional use approval as required by § 153.236. As accessories to a larger permitted use, integrated establishments shall not exceed 15,000 square feet of gross floor area and shall comply with the requirements of R.C. § 5104.011. (11) Educational facility; high schools. Uses shall have no rooms for the regular housing or sleeping of students. Educational programs and/or uses should also have a defined mission to engage in technology or entrepreneurial programs. (12) Library, museum or gallery. Principal uses are limited to the research support buffer within the ID-1 District as a stand-alone use or as part of a larger retail center. Conditional use approval must be obtained as required by § 153.236. Incidental sales relating to the facility are permitted. (13) Religious or public assembly. Only uses on sites existing as of the effective date of this amendment are permitted. Once removed, no further religious or public assembly uses shall be permitted. (14) Manufacturing and assembly. Any auxiliary showroom areas associated with the primary use shall not exceed 10% of the gross floor area of the principal structure. (15) Mini-storage. Only uses existing as of the effective date of this amendment are permitted. Once removed, no further mini-storage facilities shall be permitted. 15 (16) Utilities- district energy plant. The incidental sales of electrical energy to public utilities are permitted. (17) (Reserved) (18) Utilities- electric substation. Electric substations shall be located at least 700 feet from all residential districts or residential subarea of a planned development district. (19) Utilities- wireless communications. For regulations governing wireless communication uses, Chapter 99 of the Dublin Codified Ordinances shall apply. (20) Warehousing, Wholesaling, & Distribution. Any auxiliary showroom areas associated with the primary use shall not exceed 10% of the gross floor area of the principal structure. (21) Dwelling- single-family. Only residential uses existing as of the effective date of this amendment are permitted. Once removed, no further single-family dwelling shall be permitted. (22) Dwelling, live-work; dwelling, townhome and dwelling, multi-family. Live- work units may include up to two non-resident employees, and the non-residential use must be owned or operated by a resident of the live-work dwelling unit. In all cases, gross density for live-work, townhome or multi-family development shall not exceed ten units per acre. (23) Bicycle facilities. Facilities shall be provided in accordance with § 153.040(H). (24) Community activity. Community activities shall be conducted in accordance with this code. (25) Construction trailer/office. All construction trailers and offices must obtain required permits and comply with setbacks applicable to the principal structures for sites upon which the construction will occur. Trailers/offices may be located on site no more than 30 days prior to the commencement of construction activity and must be removed no later than 60 days following occupancy. (26) Drive-In/drive-thru. Facilities are not permitted within the ID-2, ID-3 or ID-4 Districts, principal uses are limited to the research support buffer within the ID-1 District as a stand-alone use or as part of a larger retail center. Conditional use approval must be obtained as required by § 153.236, and must comply with the following requirements: (a) Reductions may be requested by the applicant and approved pursuant to § 153.041(E)(6) if a lower need can be adequately demonstrated. (b) Stacking may not impede on-site or off-site traffic movement or circulation. 16 (c) All menu boards, speakers or service windows must be located on the side or rear of the principal structure. (27) Dwelling rental or sales office. Rental or sales offices within the ID-4 District must comply with setbacks applicable to principal structures on the property and must be conducted in compliance with all applicable Code requirements for model homes and sales. (28) Helipad/heliport. Proposed facilities must comply with the provisions of § 153.094. (29) Home occupation. Within the ID-4 District, all home occupations shall comply with applicable provisions of § 153.073 and the following: (a) Uses must be conducted completely within the residence or an accessory building and shall not exceed 25% of the gross floor area of the dwelling. (b) No retail sales from the premises are permitted and the exterior of structures shall not be modified to accommodate the use. (c) No display or signs for the home occupation shall be visible from the street. (d) No employees are permitted other than those persons residing within the dwelling. (e) No equipment shall be used that creates noise, vibration, sound, smoke, dust, odors, heat, glare, x-ray or electrical disturbance that is discernable to adjacent dwellings or at the property line. (f) Uses requiring licenses from the state or city shall maintain licenses at all times and shall operate in compliance at all times. (g) Home occupations shall not include or involve motor vehicle or equipment repair, sate of weapons or hazardous materials or other activities that would constitute a nuisance within a residential area. (30) Outdoor display/seasonal sales. Outdoor displays and/or seasonal sales must be associated with the primary use of the property and comply with the provisions of § 153.099. (31) Utilities- renewable energy equipment; utilities- renewable wind equipment. Incorporation of renewable energy for individual uses or groups of uses within the district is highly encouraged subject to the following: (a) Ground-mounted equipment for the collection of geothermal energy is permitted only to the side or rear of the principal structure, and equipment must be adequately screened. 17 (b) Ground-mounted equipment for the collection of wind energy must be located to the rear of the principal structure. Both building-mounted and ground- mounted equipment are subject to conditional use approval as required by § 153.236. (c) For regulations pertaining to renewable energy equipment - solar, refer to § 153.074, Accessory Uses and Structures. (D) Similar uses or uses not addressed. (1) In those situations where a use is not specifically addressed but could reasonably be interpreted as similar in character to a use listed in the District, the Director may determine that the use is similar to the uses in the District, either as a permitted or a conditional use. (2) The Director shall base the decision on a finding that the proposed use satisfies all of the following: (a) Is consistent with the intent of this section and with the development intent for each District, as described in § 153.037(G) and this Code. (b) Will not impair the present or potential use of other properties within the same District in the vicinity. (c) The operation, scale and characteristics of the proposed use are no greater than those listed in the District, in terms of aesthetics, traffic generated, noise, potential nuisances, and other impacts related to community health, safety and welfare. (d) Will not adversely affect the Economic Advancement Zone elements of the Community Plan. (3) Once a finding of similar use is made, it shall comply with all applicable Code provisions, review and approval requirements and district regulations that apply to that use. (4) The Director's determination shall be in writing and sent to the applicant. The applicant may either appeal the decision to the Board of Zoning Appeals in accordance with the provisions of this Code, or submit an application for an amendment to the Code. (Ord. 13-08, passed 4-7-08; Am. Ord. 32-11, passed 6-27-11; Am. Ord. 19-12, passed 4-23-12; Am. Ord. 70-22, passed 6-12-23) § 153.039 INNOVATION DISTRICT REQUIREMENTS. (A) Lot requirements. In addition to the provisions of §§ 153.070 through 153.076, the following requirements for arrangement and development of land and buildings shall be met in the ID-1, ID-2, ID-3 and ID-4 Districts. For the Research Recreation (ID- 5) District, lot requirements shall be those as identified in the latest adopted version of 18 "Planned Industrial Park Development Text: Northwest Dublin Commercial Park/Sports Ohio." (1) Intensity of use. Lot size shall be sufficient to provide the yard spaces required by this section and the following provisions: (a) Minimum lot size. The size of lots within the Innovation Districts shall meet the following: Zoning District Minimum Lot Size ID-1 3 acres ID-2 2 acres ID-3 3 acres ID-4 No minimum (b) Maximum lot coverage. Lot coverage for structures and impervious surfaces shall not exceed the following. ZONING DISTRICT MAXIMUM LOT COVERAGE ID-1 70% ID-2 75% ID-3 70% ID-4 75% (c) Building height. The height of principal and accessory structures shall be limited based upon setback requirements of this District and as limited by the Height Regulating Plan in the Community Plan's Economic Advancement Zone Plan. All structures greater than 68 feet in height shall require conditional use approval in accordance with § 153.236. (2) Setback requirements. Placement of structures and improvements shall provide sufficient separation to the adjacent site or use according to the following provisions. Setbacks shall be provided as necessary to accommodate any additional site requirements such as landscaping, mounding and buffering. (a) Lot width. Lots shall be a minimum of 60 feet in width at the public right-of- way. 19 (b) Front yards. (1) The required front yard setback for principal and accessory structures shall be determined based on the roadway type as identified by the Multimodal Thoroughfare Plan, unless as outlined below in 153.039(A)(2)(f). STREET TYPE REQUIRED FRONT SETBACK Arterials 50 feet Collectors 35 feet Local 30 feet (c) Side and rear yards. The following setbacks for components of principal and accessory structures shall be determined based upon the height of each individual component, unless as outlined below in 153.039(A)(2)(f). Building Height Side/Rear Building Setbacks ID-1 ID-2 ID-3 ID-4 17 feet 30 feet 15 feet 30 feet 15 feet >17 – 34 feet 35 feet 20 feet 35 feet 20 feet >34 – 51 feet 50 feet 35 feet 50 feet 35 feet >51 feet 75 feet 50 feet 75 feet 50 feet Required side and rear setbacks for principal and accessory structures for non- residential uses shall in no case be less than 75 feet from a limited access right-of-way and 30 feet from any residential zoning district or a residential subarea of a planned development district as listed in § 153.016, unless developed as part of the ID-4 District. (d) Side pavement setbacks. Required side yard setbacks for pavement, which includes open storage, service and loading areas, shall be at least 15 feet, except for common access drives or shared service courts. Required side pavement setbacks shall be at least 30 feet from any residential zoning district or a residential subarea of a planned development district as listed in § 153.016. 20 (e) Rear pavement setbacks. Required rear yard setbacks for pavement, which includes open storage, service and loading areas, shall be at least 25 feet, except for common access drives or shared service courts. Required rear pavement setbacks shall be at least 75 feet from limited access right-of-way and 50 feet from any residential zoning district or a residential subarea of a planned development district as listed in § 153.016. (f) Setbacks from residential. For properties located within the ID-2 and ID-3 districts, a 150-foot building and pavement setback is required from the property line(s) immediately adjacent to a residential zoning district. When setbacks conflict with the recommendations of the West Innovation District Special Area Plan, the greater setback shall apply. (B) Additional outdoor requirements. The following requirements for outdoor storage, operations and service areas shall be met in the ID-1, ID-2, ID-3 and ID-4 Districts. For the Research Recreation (ID-5) District, requirements shall be those as identified in the latest adopted version of "Planned Industrial Park Development Text: Northwest Dublin Commercial Park/Sports Ohio." (1) Outdoor operations. Uses shall operate entirely within an enclosed structure, unless it is determined by the Director that proposed outdoor operations are harmonious to the surrounding area and are adequately screened. (2) Outdoor storage. Exterior storage shall be screened in accordance with § 153.133(C)(1). Storage must be located to the side or rear of all buildings and shall not be visible from adjacent properties or from the public right-of-way. Areas devoted to the storage of materials, supplies, equipment or products outside of a permitted structure shall not exceed the following: (a) An area equal to 25% of the GFA of the primary building when the GFA is less than 225,000 square feet; (b) An area equal to 5% of the GFA of the primary building when the GFA is more than 225,000 square feet; or (c) An area equal to 50% of the GFA of the primary building within the ID-3 District. (3) Off-site impacts. Uses must be conducted in a manner harmonious with the surrounding area and comply with minimum requirements as set forth by the provisions of § 153.076 and § 132.03 of the Dublin Codified Ordinances. (4) Service areas. Overhead doors shall be located to the side or rear of structures to minimize visibility from public streets. Open service areas and loading docks shall be screened by walls a minimum of six feet in height, but not greater than 12 feet. Walls, fences or landscape screening shall have 100% opacity to effectively conceal service and loading operations from an adjoining public right-of-way and from any residential 21 zoning district or a residential subarea of a planned development district as listed in § 153.016. Compliance with the provisions of § 153.133(C) shall also be required. (5) All storage areas and structures for outdoor mechanical equipment must be screened so as not to be visible from the street and from pedestrian circulation areas, or recessed within the footprint of the building. (C) Architectural requirements. The following requirements for architectural design shall be met in the ID-1, ID-2, ID-3 and ID-4 Districts. For the Research Recreation (ID- 5) District, architectural requirements shall be those as identified in the latest adopted version of "Planned Industrial Park Development Text: Northwest Dublin Commercial Park/Sports Ohio." (1) Design purpose. The Innovation Districts utilize architecture as a key component for establishing a specific character for the area. Structures within the Innovation Districts are expected to have a forward-looking, contemporary architectural expression that is typically associated with technology and research uses. Buildings within the Innovation Districts shall reflect the high standard of development that is found throughout the community while seeking to accommodate the unique nature of uses within the Districts. All development in the Innovation Districts shall be required to meet the objective architectural requirements of this section unless a modification is approved, as provided herein. These requirements are intended to encourage creative architectural design while setting a level of expectation for development. (2) Architectural intent. All structures within the Innovation Districts are expected to be thoughtfully designed with materials, detailing, scale, and proportion that is intentional and carefully thought through and with specific attention toward aesthetics and overall style and character. Buildings may utilize any combination of exterior materials from the list of permitted materials, however, in all cases, these materials shall be applied in a manner that provides well-detailed and aesthetically pleasing facade surfaces. Characteristics of a well-detailed facade include, but are not limited to, deliberate joint patterns, finished edge detailing, and durable, rust and fade resistant finishes. Concealed fasteners are highly encouraged. (a) ID-1. The Research Office District is intended to focus on larger buildings with multiple stories. As a district with high visibility focused on office-type construction, greater attention to architectural style and variety will be expected than other portions of the Economic Advancement Zone. Elements of the ID-1 District that are within the research support buffer may have a greater focus on retail and mixed use construction, but should utilize the same attention to quality and detail as other technology-related structures. (b) ID-2. The Research Flex District is expected to have a greater focus on smaller footprint buildings that effectively blend office and industrial design together in a manner that pays attention to quality and detail. The high quality level of the Research Office District is desired; however, review of projects in the ID-2 District will 22 recognize that the increased emphasis on industrial-type components will warrant greater architectural flexibility to meet the needs of the market segment. (c) ID-3. As the most remote district of the WID, the Research Assembly District is planned for more intensive industrial activity. With larger footprint manufacturing expected as a focus, a high level of quality is expected. The level of architectural detail and variation expected in this district will be lessened to meet the needs of clean manufacturing operations and smaller flex construction with different price points. (d) ID-4. Located adjacent to park amenities and existing residential uses, architecture should provide for high quality combination of office, residential and mixed architecture that effectively conveys the contemporary nature of the WID and provides for a more pedestrian-focused environment. (3) Applicability. Architectural requirements as specified by this section shall apply to new construction. Design of additions to structures existing as of the date of this amendment may coordinate with architecture of the existing structure, but to the extent possible shall meet the requirements of this section. (4) Critical design components. Architecture within the Innovation Districts should incorporate design technique and the application of building methodology that will result in architecture that is unique and diverse, while fitting into a general category of style. In particular, development will be evaluated according to the following criteria: (a) The visual and functional components of the building shall be complementary to the contemporary design style selected for the Innovation Districts and any adjacent users. (b) The design expression is to be a modern application that is appropriate to high end technology or research uses. The design is consistent with the look and feel of a high-end technology or research uses where applicable. Consideration shall be given to the unique nature of the use or the interior arrangement of uses and activities within the structure. (c) All buildings are to use durable, long-lasting materials constructed with solid craftsmanship that will provide longevity. (5) Elements of contemporary style. Building design within the WID should clearly address in any appropriate combination, the following list of critical elements that embody the contemporary style. (a) Innovative use and presentation of building materials; (b) Utilize opaque, translucent and transparent materials to create facade compositions; (c) Make use of textures, protrusions, recesses, overhangs and other features that make use of shadow; 23 (d) Design beyond the basic box by integrating added shapes, recesses, curvilinear forms, angles, non-conventional shapes, cantilevers, independent planes and by using special architectural features; (e) Avoid materials that are strongly associated with traditional residential architecture such as ashlar stone patterns, stressed or tumbled brick, brick that has been flashed to give it an older, non-uniform appearance and lap wood siding; and (f) Emphasize natural light and sustainable building techniques. (6) Applying the pattern book. Architectural requirements of the Innovation Districts and applicable review procedures highlight the most important site and building development issues. The provisions of the Districts recognize that design details not included in these requirements are best left to the inventive discretion of architects, land planners, and owners. Nevertheless, acceptance and implementation of the broader design themes of the WID are vital to the success of the city. Architectural provisions of the WID Plan should be used to provide additional clarification and guidance. The architectural pattern book portion of the plan illustrates acceptable levels of architectural expression and can be used to find cost-effective design methods by which to balance visual quality and project cost. (7) Building variation. (a) Elevations. All sides of a principal structure shall display a compatible level of quality and architectural interest, particularly those highly visible to the public. Each street facing elevation for principal structures on corner and through lots shall be required to vary the design of the facade. The structure's architectural features and treatments shall be distributed through all of the facades. (b) Architectural variation. All building facades shall include architectural design elements that will provide greater visual interest and a consistent level of quality. Single-material, monolithic wall planes with lack of detail shall be avoided. This is particularly applicable to large footprint buildings with long, uninterrupted walls. Elements may include, but are not limited to the following: 1. Recessing and projecting of wall planes. Variations in depth shall be a minimum of 12 inches. 2. Architectural features that compose an aesthetically pleasing composition that reinforces the building character; A. Overhangs, columns, arcades and recessed entries; B. Architectural sunscreens, plant grids and green wall systems, trellises, arbors or pergolas; and C. Reveals, projecting ribs and offsets or insets 18 inches or greater in depth. 24 3. Variations in roof area and wall heights along the top of building walls and eave lines to create visual interest. (8) Architectural detail. All building facades facing public streets or residential districts shall incorporate architectural details, textures and/or design techniques that provide greater visual interest. (9) Fenestration. Building walls facing public streets or residential districts shall incorporate adequate changes in architectural fenestration to effectively avoid blank and undifferentiated elevations while balancing the needs of internal space needs and operations. To achieve this objective, the following shall be observed: (a) Windowless exterior walls are prohibited. (b) Windows and doors shall be in harmony with and proportionate to the building facade. (c) For industrial warehouse and production areas, clerestory windows and/or other comparable architectural elements shall be encouraged as a means to enhance interior lighting and to avoid blank facades. (10) Entrances. Main entrances to the public shall be designed to be clearly identifiable and provide visual orientation for visitors according to the following: (a) Buildings shall have at least one primary facade with a public entrance facing a street, main parking lot, or connection to a parking structure serving the building. (b) Any public entrance shall be clearly identified as a special architectural feature for the building and be designed with a high level of care and detail and have an appropriate scale to the rest of the building. Insets, canopies, porticos, arches, change in roofline or form, overhangs or other architectural design elements shall be used. (11) Roofs. Building roofs and rooflines shall meet the following minimum criteria: (a) Buildings are encouraged to be designed to include varied eave lines, parapet heights and/or ridgelines to provide visual interest when appropriate. (b) Rooftop mechanical equipment and other functional components shall be screened from view from the ground by parapets not lower than the height of the roof equipment, screens with materials and details compatible with the building's facades, pitched roof areas, or special architectural features. Parapets on flat roofs shall not be included in the calculation for building height. (c) Energy conserving roof components are encouraged but their application shall fit comfortably within the building's design if visible, or be completely concealed from the ground views. 25 (d) Low pitched, long span metal panel roofs commonly found on pre- engineered metal buildings are discouraged unless they are concealed by a parapet or other architectural component. (e) Visible roof materials shall be standing seam or batten seam metal or other products that are compatible with a high technology architectural expression. (f) Downspouts and scuppers shall be carefully integrated into the facade design. (12) Materials. At least 80% of exterior walls shall be constructed of one or more of the primary materials listed below: (a) Primary materials. 1. Brick. Brick shall be uniform in color within any one specific color range but using more than one color range to create patterns is acceptable. Bricks that have been flashed to change color in the individual unit, distressed bricks and wood mold bricks are not acceptable. 2. Glass. Transparent, tinted, reflective, coated, opaque, translucent, and textured glass, as well as glass block, is permitted. 3. Stone. Stone such as limestone, granite and marble are acceptable. Synthetic stone of a high quality that is indistinguishable from natural stone is also acceptable. 4. Pre-cast concrete. Pre-cast concrete panels developed with shadow lines, reveals, textural changes, color variations and/or exposed aggregate are acceptable. 5. Architectural metal. Smooth face, textured face and corrugated type insulated or un-insulated metal panels are acceptable. Careful attention to how the panels are adjoined, detailed at corners and attached is required. Long span, high profile fluted or ribbed metal panels, are prohibited from use in the ID-1, ID-2 and ID-4 Districts. Use of fluted or ribbed metal panels shall be limited to no more than 65% of the exterior in the ID-3 District. 6. Synthetics. Synthetic siding materials such as fiber cement siding and EIFS are acceptable if carefully integrated into the building's design and detailed with a high level of shadow lines and reveals. 7. Concrete masonry units. Architectural masonry units with special aggregates and finishes are acceptable. Split face masonry units may be acceptable if combined with other masonry products to raise the level of visual quality. 8. Tilt-up panels. Concrete tilt-up panels are acceptable if they contain a high degree of detail by the use of shadow lines, textural variations and/or applied projections and limited to large footprint buildings. 26 9. Other primary building materials may be approved by the Architectural Review Team (ART) if demonstrated to be of similar quality to the permitted primary materials. (b) Secondary materials. 1. Any primary material listed above may be considered as a secondary material. 2. Gypsum fiber reinforced concrete (GFRC). Fiber reinforced concrete products may be used for trim or architectural features. 3. Frost-proof ceramic tile. Porcelain or other frost-proof ceramic tiles may be used as accents or to create special features. 4. Architectural metal. Metal extrusions, panels and structural components may be used as accents or for special features such as canopies and sunshades. These materials must be finished to prevent rust or corrosion. Use of corrugated or long span, high-profile fluted or ribbed metal panels is prohibited. 5. Split-faced block. Split-faced block shall be used in limited quantities for components like foundations or site walls. 6. EIFS. Exterior insulated finishing systems may be used to add three dimensional features to the walls. 7. Other secondary building materials may be approved if demonstrated to be of similar quality to the permitted secondary materials. (13) Color. Structures shall incorporate combinations of color that will provide visual interest while being harmonious with the surrounding area. (a) Base colors. Main building colors shall be neutral, off-white or earth tone. Base colors shall constitute a predominance of the visible building exterior. (b) Accent colors. Building trim and/or detailing may utilize brighter accent colors to create visual interest, enhance wayfinding and/or to identify main public entrances. Application of accent colors may be used up to an amount not to exceed 10% of the total area of all building elevations. (14) Accessory structures. Attached or detached accessory structures shall be constructed similar in design, style, quality and appearance with identical materials as the principal structure. (Ord. 13-08, passed 4-7-08; Am. Ord. 32-11, passed 6-27-11) § 153.040 SITE DEVELOPMENT REQUIREMENTS. 27 The following requirements for site development shall be met for the ID-1, ID-2, ID-3 and ID-4 Districts. For the Research Recreation (ID-5) District, site development requirements shall be those as identified in the latest adopted version of "Planned Industrial Park Development Text: Northwest Dublin Commercial Park/Sports Ohio." (A) Fences. Fences within the Innovation Districts will comply with §§ 153.078 to 153.083. (B) Landscape requirements. Unless otherwise specified in this section, all other applicable requirements of §§ 153.134 to 153.148 shall be met. (1) Intent. Landscaping should emphasize a naturalized appearance and blend with the design of public rights-of-way, while demarking areas of more formal design where people will gather and use space. (2) Character elements. Site landscaping shall comply with the general character and design components as prescribed by the Community Plan. (3) Property perimeter and parking lot buffering. To meet the intended landscape character for the Innovation Districts to provide a more naturalized appearance, required screening additional deciduous trees, shrubs and grasses shall be used to augment screening and visually soften the appearance of required evergreen screening. (4) Use of mounding. The general design of sites shall avoid the use of uniform mounding to meet screening and buffering requirements. Integration of mounding as one form of screening should focus on landforms of varying width and height that will achieve a more natural and less "engineered" appearance. (5) Interior landscape requirements. All landscape islands must include a minimum width of ten feet from back to back of curb. All islands must be a minimum of 180 square feet in area. Parking lot islands shall be designed in a manner so as to be distributed as evenly as possible throughout paved parking areas without being required in the interior of service courts and loading dock areas. (6) Street trees. One, two-inch caliper street tree shall be provided for each 35- foot interval of public or private street frontage and along entry driveways exceeding 200 feet in length. Trees shall be planted in informal clusters along public arterials and collectors. Entry drives and local streets may include more uniform spacing. (7) Open space plantings. One deciduous tree must be planted for each 1,000 square feet of open space (areas not part of lot coverage). Trees must have a minimum caliper of two inches at the time of planting. Groupings or clusters of trees are preferred, planted at intervals necessary to ensure their survival. (8) Parking lot plantings. To help reduce excessive heat build-up and emissions from large areas of hard surfacing, landscape areas must be provided within parking lots designed for a capacity of 40 cars or more. Landscape islands with a surface area equal to 5% of the area of the paved surface (including all parking spaces, interior 28 drives, loading docks, drop-off/pick-up lanes, and access drives beyond the right-of- way) shall be provided in all parking lots. The required landscape areas shall meet the following requirements: (a) All required landscaped areas shall consist of curbed islands or peninsulas that are surrounded on at least two sides by pavement. Landscaping on the perimeter of the parking lot shall not be counted toward meeting this requirement. (b) A minimum of one broad leaf/deciduous tree shall be provided for every 300 square feet of landscaped area required. (c) The landscape areas may be located in "dead corners" or in landscape islands so as to break up expanses of parking spaces and to contribute to orderly circulation of pedestrian or vehicular traffic in the parking area. (9) Screening and buffering from residential areas. When adjacent to a residential zoning district, properties located in zoning districts ID-2 and ID-3 shall provide mounding within the required setback area and shall vary in height between 4 and 14 feet, with a typical height of 12 feet. Landscaping shall be planted in a natural pattern with mixed deciduous and evergreen trees and native understory shrubs along the street side of mounds for additional screening. (C) Tree preservation. All sites within the Innovation Districts are expected to retain and protect natural features to the greatest extent possible as part of the development process. Sites shall also comply with the procedures for §§ 153.140 to 153.149. (D) Open space and greenways. (1) Development within the Innovation Districts shall include the dedication of land or provision of public access easements for the purposes of establishing key greenway connections. (2) For residential development within the Innovation Districts, dedication of public open space shall be provided in accordance with Code requirements. (3) All uses within the WID are highly encouraged to provide outdoor plazas, squares or greens and public art accessible to the general public from the public right- of-way. (4) Open space areas shall be large enough and of proper dimensions so as to constitute a useable area, with adequate access, through easements or other similar arrangements. (5) The inclusion of the following amenities are permitted and encouraged within an open space where appropriate to the principal use: public art, sidewalk cafes, food kiosks, ornamental fountains, drinking fountains, waterfalls, sculpture, arbors or trellises, planted beds, clock pedestals, transit shelters, awnings (not including canvas materials), canopies and similar structures. 29 (6) Any permanent open space developed in conjunction with a building or site must be equipped for congregation and recreational opportunities by users of the building and surrounding areas. (7) Common/open space must be accessible to and visible from the street. In no instance shall the open space be more than three feet above or below the adjoining right-of-way. (E) Utilities. All utility lines including water supply, sanitary sewer service, electricity, telephone and gas, and their connections or feeder lines shall be placed underground. Unless otherwise dictated by the needs of the building, all utility connections shall be kept to the rear or the side of the building, out of view or screened. (F) Parking requirements. (1) Parking shall comply with §§ 153.200 to 153.212, unless specifically provided for herein. In the case of conflicts, regulations for the Innovation Districts will prevail. (2) Parking for employees and service shall be located along the side or rear of the structure. Visitor parking may be located forward of the building for wayfinding and access, but should be designed and located to limit its visual appearance from the public right-of-way. (3) All employee and service parking areas shall be accessed from a rear alley or side street where available. (4) Sidewalks shall be provided on-site to link parking and the public sidewalk to the entrance of the building. (5) Parking and maneuvering areas shall meet the minimum requirements of the parking space dimensions table below: 30 (6) The following Table of Parking Requirements lists the parking to be provided for individual uses. The number of off-street parking spaces shall not exceed these requirements, except as provided as a parking adjustment (see division (G) of this section). TABLE OF PARKING REQUIREMENTS USE PARKING REQUIREMENTS Education 1 space per 3 persons by seating capacity or maximum occupancy (whichever is greater) in the largest assembly area or stadium Where assembly areas are not present, 1 space per classroom and 1 space per 300 sq. ft. of GFA of office area Technical, vocational and trade schools: 1 space per each 3 students in addition to the spaces required above Residential Multiple-family: 1.5 spaces per dwelling unit Single-family: 2 spaces per dwelling unit Day Care 1 space per 10 client at licensed capacity Live-Work 1.5 spaces per dwelling unit plus 1 space per 500 sq. ft. of GFA Government and Institutional 1 space per 3 persons by seating capacity or maximum occupancy (whichever is greater) in the largest assembly area; if no assembly area is provided, 2 spaces per 1,000 sq. ft. of GFA Professional, Medical, Office 1 space per 350 sq. ft. of GFA Medical Treatment Facilities Spaces required for offices 1 space per treatment room + 1 space per in-patient bed + additional spaces for office use 31 TABLE OF PARKING REQUIREMENTS USE PARKING REQUIREMENTS Personal Service 2 spaces per 1,000 sq. ft. of GFA Retail Sales 3 spaces per 1,000 sq. ft. of GFA Restaurant, Entertainment and Recreation 1 space per 3 persons by occupancy or 1 space per 150 sq. ft. of GFA, whichever is greater Outdoor recreation areas shall submit a parking plan for approval by the ART detailing expected parking needs Warehousing 1 space per 5,000 sq. ft. of GFA + additional spaces for office use Technology and Industry 1 space per 1,000 sq. ft. of GFA plus additional spaces for office Utility 1 space per use (G) Parking adjustments. (1) Parking adjustments may be approved by the Administrative Review Team (ART) or by the Planning and Zoning Commission as part of a site plan review. (2) Shared parking reduction. Fewer parking spaces may be permitted upon approval of a shared parking analysis submitted by the owner demonstrating that the spaces planned will be sufficient. (3) Deferred parking reduction. Construction of the required number of parking spaces may be deferred if the following conditions are met: (a) Areas proposed for deferred parking shall be shown on the site plan, and shall be sufficient for construction of the required number of parking spaces in accordance with the requirements of this section for parking area design and other site development requirements of the District. 32 (b) Alterations and construction of parking facilities within the deferred parking area may be initiated by the owner or required by the city. (c) Additional parking spaces may be approved, based on documented evidence provided by the property owner or applicant demonstrating that the parking will be required to accommodate the use on a typical day. (d) The parking requirements shall be waived for individual retail uses of 2,000 square feet or less and other uses that are determined by the ART or Planning and Zoning Commission, as applicable, as accessory to other principal uses, such as outdoor restaurant seating adjacent to the street, day care uses, and other similar uses and activities. (4) Off-street parking requirements may be met in a shared parking lot located within 300 feet of building/structure served. (5) On-street parking directly fronting the lot shall count toward fulfilling the parking requirement of that lot. Credit for parking spaces shall be given for those spaces immediately in front of the property to which they apply that have more than 50% of the length of the parking space within the lot or building frontage. (H) Bicycle parking. (1) One bicycle parking space shall be required for every 15 parking spaces required, or fraction thereof. In no case where bicycle parking is required no fewer than four spaces shall be provided. (2) Every effort should be made to provide clear pedestrian connectivity from the public street to the main entrance of buildings. Clear path of travel through parking areas should be designed in a manner to effectively minimize conflict with vehicles. (3) Bicycle parking shall be located within 100 feet of the entrance to a principal structure. Parking may be located within the principal structure and should be located where conflicts with pedestrian or vehicular travel are avoided. (4) Bicycle parking racks, docks, or posts shall be designed and installed to provide two points of contact to an individual bicycle frame when used as intended. Enclosed locker-type facilities may be provided in lieu of open racks. Racks and lockers must be designed to allow a bicycle to be locked to a structure attached to the pavement, building, or other permanent structure. (5) Bicycle racks shall be installed according to the dimensional requirements set forth by the bike rack manufacturer and the latest edition of the APBP Bicycle Parking Guidelines, or similarly acceptable industry publication. (6) A minimum five foot access aisle or maneuvering zone shall be provided in each bicycle parking facility. (I) Loading areas. 33 (1) Number. The minimum number of loading spaces shall be provided in accordance with the loading space requirements table below. Requirements may be modified upon making the determination that another measure would be more appropriate because of the number or type of deliveries experienced by a particular business or use. LOADING SPACE REQUIREMENTS 10,000 to 20,000 sq. ft. of GFA 1 space 20,001 to 50,000 sq. ft. of GFA 2 spaces 50,001 to 100,000 sq. ft. of GFA 3 spaces plus 1 space for each additional 100,000 sq. ft. GFA or part thereof >100,000 sq. ft. of GFA 5 spaces (2) Location. Loading/unloading areas and docks shall be prohibited in the front yard. Loading or unloading spaces or docks are prohibited within 50 feet of any residential use unless completely enclosed or screened from view in accordance with the Zoning Code. (3) Design requirements. (a) An alley or front service drive may be used where a single loading space is required. In all cases, service vehicles must be able to maneuver on-site without interfering with travel on a public street, with off-street parking or the normal movement of vehicles and pedestrians on-site. (b) Loading spaces separate from docks shall be at least 12 feet wide, 30 feet long and 14 feet high for adequate clearance. (c) No loading docks are permitted on front elevations facing the public street. (4) All service vehicles and/or fleet parking must be maintained within appropriately screened areas and shall not be placed forward of the structure. (J) Parking structures. (1) Dimensions. Parking stall and driving aisles shall be in accordance with the dimensional requirements as required by the City Engineer. 34 (2) Interior circulation. The interior of the structure shall be designed in accordance with the minimum requirements of the City Engineer and the following: (a) Entering traffic shall circulate in a counter-clockwise direction. Opportunities for recirculation shall be provided. (b) Maximum aisle length shall not exceed 400 feet without providing a cross aisle. (c) Cross aisles shall be a minimum of 18 feet and no greater than 24 feet in width. (d) Design of all parking structures shall include a minimum ceiling clearance height of eight and one-half feet. (3) Ingress/egress lanes. To provide for the orderly function of parking structures, the following shall be required: (a) Two smaller vehicle access openings are preferable to a single large one. (b) Storage areas for entering and exiting traffic shall be sufficiently long to minimize backups of traffic onto surrounding streets or within the garage. (c) A minimum of two vehicle lengths of storage shall be provided between the street and the garage entry gate, but more may be required. (d) One inbound lane shall be required each 300 spaces or fraction thereof. One exit lane shall be provided for each 200 spaces, or fraction thereof. (e) Single entrance lanes from the street shall be 13 to 16 feet in width, tapering down to ten feet at the approach to the control equipment. Double entrance lanes shall be 24 feet wide. (4) Lighting. The following minimum requirements shall be met for the lighting of structured parking within the Innovation Districts: (a) Light trespass. There shall be no casting of glare or spillover lighting outside of the parking structure. Garage lighting shall be concentrated on aisles and ramps with spillover lighting to illuminate parking stalls. (b) Top deck lighting. Lighting on the upper level of a parking structure shall utilize full cut-off fixtures and lower pole heights to eliminate glare and visibility of pole mounted fixtures. (c) Adherence to guidelines. Except as otherwise provided to meet the intent of these standards, all parking structure lighting shall comply with § 153.133. (5) General design and appearance. The design of freestanding or integrated structures should comply with the following: 35 (a) The design intent for parking structures is to minimize the view of the automobiles from the exterior and to have more variation in the facade than is typically found in parking structures. (b) The parking structure shall be architecturally compatible with the building it serves and utilize a variety of opening sizes, opening locations, screens, building panels, colors and/or other approaches to create a richer facade composition. (c) Sloped ramping shall be concealed from exterior view by interior screens or other methods on the exterior facade. (d) No part of the structure shall exceed the height of the principal structure it is intended to serve. Freestanding structures shall not exceed the maximum building height of the District, without height incentives. (e) Where a parking structure is within 40 feet of any existing principal structure, that portion of the parking structure shall not exceed that structure's eave or wall height. (f) Individual parking structures shall not exceed 500 total parking spaces unless demonstrated that architectural design techniques are adequately implemented to reduce the overall mass and appearance of the structure. (g) Pedestrian and vehicular entries shall be clearly distinguished. (h) Parking structures are encouraged that incorporate space for retail, service or other commercial uses. (6) Character and massing. Parking structure facades over 150 feet in length shall incorporate architectural features that break the continuity of these long facades through the following: (a) Vertical facade changes: Incorporation of intervals of architectural variation at least every 80 feet over the length of the applicable facade, such as: 1. Varying the arrangement, proportioning and/or design of openings; 2. Incorporating changes in architectural colors, textures, details, materials or adding applied architectural features such as screens or panels; and/or 3. Projecting forward or recessing back portions or elements of the parking structure facade. (b) Horizontal facade changes: 1. Stepping back the upper floors from the ground floor parking structure facade; 2. Changing materials, colors or textures between the parking structure base and upper floors; and/or 36 3. Including a continuous cornice line or pedestrian weather protection element between the ground floor and upper floors. (c) Views to the interior. Facades of parking structures shall minimize continuous horizontal parking floor openings. Any portion of a parking structure ground floor with exposed parking areas adjacent to a public street shall minimize views into the parking structure interior through one or more of the following methods: 1. Decorative trelliswork and/or architectural screening on the parking structure facade, without compromising the open parking structure ventilation requirements of any applicable Code. 2. Special architectural or artistic features. 3. Alternative methods may be approved by the ART or Planning and Zoning Commission, as applicable. 4. Upon conversion of portions of a parking structure to a pedestrian retail/commercial use, the ART or Planning and Zoning Commission, as applicable, may approve the removal of initially installed pedestrian screening material in order to allow maximum visibility and access to the converted portions of the parking structure. 5. In addition to the above, views into the upper floors of parking structures shall be minimized through one or more of the following methods: A. The use of planters integrated into the upper floors of parking structure facade design. B. Decorative trelliswork and/or architectural screening on the parking structure's upper floor facades. C. Upper parking floors designed with a pattern of more window-like openings on the parking structure facade. (K) Sustainable parking lot design. (1) In order to promote environmentally sensitive design and construction of parking lots, the following requirements apply. (2) Permeable surface for paving. (a) Parking areas may be surfaced with permeable asphalt, permeable concrete or turf blocks, subject to review by the City Engineer. If approved by the City Engineer, the calculations for required stormwater management and retention measures may be adjusted for the use of this paving. (b) Driveway aprons connecting parking lots to public roadways may not be constructed with permeable materials. 37 (c) A maintenance plan, outlining responsible parties, procedures and schedules for permeable pavement areas must be submitted and approved by the City Engineer. (d) Parking and circulation areas must meet pavement strength specifications as determined by the Fire Marshal. (3) Alternative parking space dimensions. (a) A property owner may request an adjustment to parking space dimensions for no more than 5% of required spaces, based on documentation of a formal policy or program to encourage the use of compact vehicles by employees or visitors, as approved by the ART. (b) Where alternative dimensions are approved, which would have the effect of reducing the number of required spaces meeting the standard dimensional requirements, the remaining standard spaces shall be subject to the deferred parking requirements. (4) Electric car parking requirements. (a) Parking lots with 200 spaces or more are strongly encouraged to provide at least one electric plug-in service point for every 200 parking spaces. (b) Plug-in points must be associated with an individual parking space and be installed according to appropriate design standards, as approved by the ART. (c) Plug-in points are exempt from the service structure screening requirements outlined in § 153.133. (5) Wheel stops or modified curb designs may be used in place of standard curbing where alternative stormwater techniques such as bioswales or rain gardens require surface drainage. (L) Signs. Signs shall comply with §§ 153.150 through 153.162, unless specifically provided for in the following section. In the case of conflicts, regulations for the Innovation Districts will prevail. (1) Table of height, area & setbacks. The following table shall provide for the implementation of sign requirements for the Innovation Districts: 38 (2) Table of numbers. The following summarizes the number of signs permitted within the Innovation Districts. The intent of the Districts is that each site is permitted one monument, wall or projecting sign as its primary identification. For designated uses an additional window sign can be used to identify main entrances. An additional sign may be permitted in instances where support services available to the public are integrated within the first floor of a primary structure such as a large office complex. In no case shall more than one sign identifying a particular business be oriented toward the same property line. (3) Multi-tenant signs. No more than two tenant panels may be provided on one monument sign. Tenant panels must include a frame to visually separate the individual panels. (4) Wall signs. Based upon the specific architecture of buildings, wall signs may be administratively approved by the ART at a greater building height, not to exceed the primary roof line. 39 (5) Secondary image. Secondary images for signs within the Innovation Districts may be designed up to 30% of the maximum permitted area of the sign face. (6) Colors. Within the Innovation Districts, signs shall be limited to the use of three colors. Colors for trademarked logos shall be permitted; logos shall be considered as one of the three permitted colors. (7) Sign types. To better accommodate contemporary architecture, sites permitted multiple signs may utilize a combination of sign types. (8) Interstate signs. Corporate offices with frontage along U.S. 33 are permitted an Interstate District sign as regulated by § 153.159. (M) Site lighting. The lighting requirements of § 153.149 shall be met. (N) Circulation and access. (1) Rights-of-way dedication. Private development shall include the dedication of rights-of-way for the future expansion and widening of public roads to serve properties in accordance with the city's Multimodal Thoroughfare Plan. (2) Site access. All access from public rights-of-way shall be provided at locations approved by the city for the purposes of access management and safety. Cross access easements shall be provided for all shared driveways, and all sites shall comply with the city's Administrative Policy for Intersection Visibility Triangles at proposed access points. (3) Construction durability. All private drives, parking areas, pedestrian paths, and sidewalks shall meet at least the minimum requirements established by the city. (4) Paths and connections. (a) Public access easements shall be provided in all cases where multi-use paths are provided through a site and not along a public street. (b) Installation of sidewalks and multi-use paths on site shall be made in compliance with the Community Plan. (c) Pedestrian access shall be provided from all building entrances to public sidewalks along the street right-of-way. Continual maintenance of all access on a site shall be the responsibility of the property owner. (d) A minimum four-foot sidewalk shall be required along the edge of all parking lots on sides adjacent to buildings to adequately facilitate pedestrian access into the building. (Ord. 13-08, passed 4-7-08; Am. Ord. 32-11, passed 6-27-11) § 153.041 SUSTAINABILITY AND DEVELOPMENT INCENTIVES. 40 The following sustainability and development incentives shall apply to the ID-1, ID-2, ID-3 and ID-4 Districts. (A) Development incentives. Development incentives are offered to induce applicants to provide various amenities or other activities that add vitality, environmental sensitivity and other activities consistent with the Community Plan. For each criteria that are met, either the maximum building height may be increased by one story (not to exceed two) or the maximum lot coverage increased by 5%: (1) The building is designed to qualify for a Leadership in Energy and Environmental Design (LEED) Green Building Rating of gold or higher, or other equivalent accepted rating system. (2) The site and/or building uses innovative stormwater provisions, such as rain gardens, green roofs, etc., to accommodate more than 50% of calculated stormwater flow required to be controlled. (3) Use of a parking structure for at least 75% of required parking. (Ord. 13-08, passed 4-7-08; Am. Ord. 32-11, passed 6-27-11) § 153.042 DEVELOPMENT APPROVAL PROCESS. (A) Process purpose and intent. The purpose of this section is to provide adequate review of applications for rezoning and/or development within the Innovation Districts. These procedures are intended to create an efficient and predictable review process for projects within the West Innovation District. The timing for reviews and approvals ensure that the WID is competitive with research and technology parks in other jurisdictions. Properties within the ID-5 District shall comply with procedures as provided for in § 153.051. (1) Compatibility. It is the intent to ensure that development projects are completed in a manner generally harmonious with surrounding properties and without the endangerment of the health, safety, and general welfare of existing, prospective, or future owners, users, surrounding and adjoining properties, and the public. (2) Coordination. These regulations and procedures are intended to ensure that development has adequate and efficient provision of facilities and/or infrastructure, land, rights-of-way, and easements, so as not to burden the fiscal resources of the city. These provisions include the construction of buildings and utilities, streets and sidewalks, landscaping, recreational open spaces, and other provisions meeting the standards of the city and the Community Plan, as required for the public good. (B) Process summary. The following table provides an overview of the review procedures and requirements used in this section that apply to the Innovation Districts. 41 (C) Pre-application meeting and procedures. (1) Pre-application review. A request for a pre-application meeting shall be made in writing to the city on a form provided by the city for that purpose. The request shall also include, at a minimum, the following information: (a) Ten copies of a site plan generally demonstrating the nature of the proposed development. (b) A list of each possible administrative departure, as provided for in § 153.042(E)(6). Proposed administrative departures shall also be clearly noted on the required site plan. (c) A fee as established by City Council. (2) Scheduling. Upon written receipt of a request for a pre-application meeting, the city shall schedule the meeting no later than 14 days from the date when the request was submitted, unless a later date is otherwise mutually agreed to by the applicant and the Director. The city shall notify the applicants in writing or by email at 42 least seven days prior to the meeting. The intent of the Innovation District review process will be to schedule the pre-application meeting as soon as practicable. (3) Review timeframe. Prior to the meeting, the city shall distribute the submitted materials to other applicable city departments for input and recommendations. Applicable departments shall be notified of the pre-application meeting and shall be encouraged to send appropriate representatives. (4) Informal feedback. During the pre-application meeting, the city shall provide the developer with a non-binding and informal review of the development proposal, and information on the procedures and policies of the city, including application review procedures that may be used. (D) Development plan applications and procedures. (1) Development plan applications. Prior to the development of any property within the Innovation Districts, a development plan application shall be submitted to the city on a form prescribed by the city. The development plan application shall include the elements indicated in § 153.042(E)(3). Development plan applications shall not be subject to filing deadlines as required for other development applications and may be submitted to the city on any date during its normal hours of operation. (2) Review authorities. As part of the development plan review, the following entities shall be involved in the application review as specified. (a) Administrative Review Team. Development plan applications within the ID-1, ID-2, ID-3 and ID-4 Districts shall be reviewed by the Administrative Review Team (ART). The ART shall consist of the following members or their designated representatives, and others appointed by the City Manager as deemed necessary, either as permanent or temporary members. The city may contract with qualified architectural consultants to assist with the determination for compliance with architectural provisions of the Innovation Districts. 1. Director (Chair); 2. City Engineer; 3. Fire Chief; 4. Parks & Open Space Director; 5. Chief Building Official; and 6. Economic Development Manager. (b) Planning and Zoning Commission. Applicants may submit development plan applications for site plan approval by the Planning and Zoning Commission in accordance with the procedures of § 153.042(E)(7) under the following conditions: 43 1. Approvals of the ART that include conditions for which the applicant wishes reconsideration. 2. Development plan applications within the Innovation Districts that fail to meet one or more of the requirements of the applicable District and are not eligible for an administrative departure. 3. Administrative departures denied by the ART. (3) Contents of development plan applications. The development plan application shall include the maps, plans, designs, and supplementary documents itemized below. One copy of all required materials, including a site plan, shall also be submitted in appropriate digital formats, as determined by the city. The information submitted shall include the following: (a) Site plans as required by the city, unless some materials are deemed unnecessary by the Director based on the nature and scale of the proposed development. (b) Payment of a fee as established by City Council. (c) A description of any requests for administrative departures as permitted in § 153.042(E)(6) listed in writing and clearly noted on the required site plan, including a description of the nature of the administrative departure, the specific provisions from which the administrative departure is being sought, how the application meets the requirements for approval under § 153.042(E)(6)(e)3., and other necessary illustrative materials describing the request. (d) Site plans as required by the city, unless some materials are deemed unnecessary by the Director based on the nature and scale of the proposed development. (4) Public notices. Written notice regarding applications received for administrative review or site plan approval shall be sent to the applicant, owner, and parcels of land within 300 feet of the property under consideration, as listed on the County Auditor's current tax list within ten days from the receipt of a complete application. 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 and, when applicable, the time, date and location of the applicable reviewing body's meeting at which the application will be considered. (5) Administrative reviews. (a) Upon receipt, the development plan application shall be distributed to the Administrative Review Team (ART) for review. 44 (b) The ART shall be responsible for reviewing all development plan applications and providing written input regarding the proposed development's compliance with the applicable requirements of the District. (c) The ART shall meet as necessary to consider the development plan application. Applicants shall be given not less than five days notice of the ART review meeting, and may be required by the Director to attend any meetings of the ART. (d) During the course of a development plan application review, the city shall schedule at least one meeting with the applicant to review the application. The applicant shall be given the opportunity to revise the application in response to the ART's comments. (e) Within 28 days from the filing of the development plan application, unless otherwise agreed by the applicant and the city in writing, the ART shall be required to take one of the following actions: 1. Approve the development plan application when all of the requirements of the Innovation Districts and the intent of the WID Plan are met, including administrative departures as may be granted in accordance with § 153.042(E)(6)(f). 2. Issue a decision to permit the applicant to subject the development plan application to site plan approval by the Planning and Zoning Commission upon a determination by the ART that: A. The application does not meet all of the requirements of the District and the standards of § 153.042(E)(8) or the intent of the WID Plan; B. The application does not meet the requirements for the granting of administrative departures; or C. The proposal has the potential for significant community impact that requires additional public review. (f) Following the approval of an administrative review the applicant may apply for a certificate of zoning plan approval and building permit, consistent with approved development plan. (g) A report shall be provided periodically to the City Council and Planning and Zoning Commission of Administrative Approvals by the ART. (6) Administrative departures. (a) Purpose. In certain instances strict enforcement of zoning and development requirements of the District may be either unreasonable or impractical. Therefore, a procedure for administrative departures from these regulations is provided to allow the flexibility necessary to adapt to changed or unusual conditions, both known and unforeseen, under circumstances that do not involve a change of the permitted use of the land or structure. 45 (b) Procedures. The ART shall be permitted to hear and grant requests for administrative departures that may modify the requirements in the Innovation Districts within the standards provided in division (6)(e), below. (c) Application. A request for administrative departures may be submitted with a development plan application or at any time after the approval of a development plan application. If requested as part of a development plan application, the request shall be processed and reviewed concurrently with the development plan application. (d) Review of these requests shall be subject to the same timing requirements that apply to development plan applications. (e) Review by the Administrative Review Team (ART): 1. Requests. Requests for administrative departures shall be submitted to the ART for review in accordance with the procedures for administrative reviews. 2. Review criteria. The ART shall grant a request for an administrative departures provided the request meets the general purpose and intent of the District and one or more of the following criteria: A. Is not so substantial in nature or degree that it represents a major divergence from the intent of requirements of the District; B. Is necessitated by a condition related to the site, rather than simply as a means to reduce costs or a matter of general convenience; C. If approved, would maintain the specific purpose of the requirements and conditions of the regulation that is the subject of the request; or D. Is limited to that necessary to account for special site conditions or development requirements specific to an individual user. 3. Examples. The following is illustrative, but not inclusive, of what may be considered as administrative departures: A. Changes to required building setbacks to account for individual site conditions. B. Substitution of plant materials specified in the landscape plan with comparable materials of an equal or greater size. C. Change of building materials to a comparable or higher quality. (f) Approvals of administrative departures. Following the approval of an administrative departure, the applicant may proceed with applications for a certificate of zoning plan approval and building permit, consistent with the approved development plan. (7) Site plan reviews of development plan applications. 46 (a) Intent and applicability. In order to balance the need to accommodate unique uses with the desire to ensure the presence of high-quality and orderly development within the District, development plan applications shall be reviewed by the Planning and Zoning Commission for a site plan approval as provided in § 153.042(D)(5)(e)2. and the conditions of this section. (b) Authority and limitations. Site plan approval of development plan applications reviewed by the ART shall apply only to those portions of the plan failing to meet the requirements of the District. The Commission shall not have the authority to change any part of the development plan application that otherwise meets the development requirements of the District and/or has received an administrative review approval. (c) Application deadline. The applicant shall make a written request to the Director for site plan approval no later than ten days following the date when the ART's decision on the development plan application is issued. The hearing before the Planning and Zoning Commission shall occur no later than 30 days following the receipt of the applicant's written request by the Director. (d) Site plan approval procedures. The Planning and Zoning Commission shall approve, approve with conditions, or disapprove the applicable elements of the development plan using the standards of § 153.042(E)(8). The decision shall be made within 56 days of submission to a meeting of the Commission, unless otherwise agreed by the applicant and the city in writing. (e) Appeals. Development plan applications disapproved by the Planning and Zoning Commission may be appealed by the applicant to City Council, which shall hear the appeal no later than 28 days following the date of the Commission's decision, unless otherwise agreed by the applicant and the city in writing. (8) Development plan standards of approval. In addition to meeting all other requirements of the District, a development plan application shall only be approved by the ART or Planning and Zoning Commission, as applicable, if the requirements of the District and the following criteria are met: (a) Site design characteristics. 1. All elements of the site design shall be harmoniously and efficiently organized in relation to topography, the size and type of lot, the character of adjoining property, and the type and size of buildings. 2. The site shall be developed so as not to impede the normal and orderly development or improvement of surrounding property for uses permitted by the District. 3. All buildings or groups of buildings shall be arranged so as to permit emergency vehicle access by some practicable means to all vehicles. 47 4. Every structure or dwelling unit shall be provided with adequate means of ingress and egress via public streets and walkways. (b) Environmental standards. 1. The landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal, alteration to the natural drainage courses, and the amount of cutting, filling and grading. Natural features and the site topography shall be incorporated into the proposed site design to the maximum extent practical. 2. Landscaping buffers and/or greenbelts may be required beyond those otherwise required in the District to ensure that proposed uses will be adequately buffered from one another and from surrounding public and private property. (c) Vehicular and pedestrian circulation. 1. The expected volume of traffic to be generated by the proposed use shall not adversely affect existing roads and the circulation thereon. 2. Driveways shall be located to minimize conflict with traffic operations on the adjoining road. The number of driveways shall be the minimum needed to provide reasonable access to the site. 3. The arrangement of public or common ways for vehicular and pedestrian circulation shall respect the pattern of existing or planned streets and pedestrian or bicycle pathways in the area. 4. Safe, convenient, uncongested and well-defined vehicular and pedestrian circulation within and to the site shall be provided. Drives, streets and other elements shall be designed to promote safe and efficient traffic operations within the site and at its access points. (d) Public services. The scale and design of the proposed development shall facilitate the adequate provision of services currently furnished by or that may be required of the city or other public agency including, but not limited to, fire and police protection, stormwater management, sanitary sewage removal and treatment, recreational activities, traffic control, and administrative services. (e) The general purposes and spirit of this chapter and the various provisions and components of the Community Plan. (E) Modifications to approved development plans. (1) The Director may authorize minor modifications to an approved development plan that are required to correct any undetected errors, that are consistent with the purpose of the approved application, or that are necessary to ensure orderly and efficient development. Minor modifications shall be limited to: 48 (a) Adjustments in lot lines, provided no additional lots are created and required setbacks are maintained; (b) Adjustments in the location of and layout of parking lots, provided perimeter setbacks, yards and buffers are maintained; (c) Modifications of building footprints up to 10% in total floor area of the originally approved building, building height(s) or floor plans, that do not alter the character or intensity of the use; (d) Substitution of landscaping materials specified in the landscape plan with comparable materials of an equal or greater size; (e) Redesigning and/or relocating stormwater management facilities provided that general character and stormwater capacities are maintained; (f) Adjusting and/or relocating landscape mounds, provided that the same level and quality of screening is maintained; (g) Minor modifications to the sign face, landscaping and lighting, provided the other sign requirements of the final development plan are maintained; (h) Minor changes in building material or colors that are similar to and have the same general appearance comparable to or of a higher quality as the material approved on the final development plan; (i) Changes required by outside agencies such as the county, state, or federal departments; and (j) Other minor modifications deemed by the Director that do not alter the basic design or any specific conditions imposed as part of the original approval. (2) Any modifications to be made to an approved development plan that are not deemed minor by the Director shall require the filing and approval of a development plan application in accordance with this section. (Ord. 13-08, passed 4-7-08; Am. Ord. 32-11, passed 6-27-11; Am. Ord. 19-12, passed 4-23-12) Temporary Sign Regulations City Council – Approved April 7, 2025 153.002 DEFINITIONS (B)(19) (v) SPECIAL EVENT. A special event or activity that is open to the general public and non- discriminatory and is educational, cultural or recreational in function. Free admission is not a requirement. Such events shall be reviewed and approved through the city’s event permitting process. 153.158 TEMPORARY SIGNS. The following standards supplement the general requirements within § 153.156. Unless otherwise explicitly stated below, the following standards supersede the provisions within § 153.156 when regulating temporary signage. (B) Community Activities Signs. (1) General. Temporary signs, including standardized sandwich board signs may be installed during a community activity. (2) Illumination. May not be illuminated. (3) Duration. May not be displayed more than seven days immediately preceding the event and shall be removed no later than 24 hours following the conclusion of the event. (M) Special Events. (1) General. Temporary sign requests associated with permitted and city events will be reviewed and approved through the city’s event permitting process. The following pages are as Ordinance 07-25 was presented to City Council on 4-7-2025. To: Members of Dublin City Council From: Megan D. O’Callaghan, P.E., City Manager Date: April 1, 2025 Initiated By: Jennifer M. Rauch, AICP, Director of Community Planning & Development Zachary C. Hounshell, Planner II Re: Ordinance 07-25 – Amendments to Zoning Code Section 153.002, 153.004, 153.037-153.042 and 153.236 regarding the West Innovation District, 153.002, 153.048, 153.066, 153.176 regarding the Concept Plan review process, 153.158 regarding temporary signs for special events, and 153.076 regarding Property Nuisance regulations (25- 005ADMC). Summary This is a request for review and approval of a series of Zoning Code Amendments to improve the development review process, provide consistency with the use recommendations outlined in Envision Dublin and ensure clarity within the regulations. These amendments include changes to the Concept Plan review process, minor text updates and modifications to ID-2 uses within the West Innovation District (WID), sign regulations governing temporary signs associated with special events and clarifying language for code enforcement regarding public nuisance. Update At the first reading of Ordinance 07-25 on March 17, 2025, City Council members raised several items related to the draft Public Nuisance and West Innovation District regulations, which are outlined below. No changes have been made to the draft regulations for Concept Plans or Temporary Signs. Public Nuisance Council members requested follow-up regarding the enforcement of the recently adopted vacant property requirements, background on the noise requirements, and an understanding of code compliance and the enforcement process. With the exception of minor typos, no additional changes have been made following the first reading, as Council’s inquiries focused on additional background information. Code enforcement identified no additional amendments to the regulations regarding vacant property requirements, sharing that the ordinance provides a balance of enforcement and practicability for both aesthetics and public safety. Since the adoption of the vacant property regulations, Code Enforcement has successfully used them to secure at least eight properties, including the demolition of two properties. Office of the City Manager 5555 Perimeter Drive • Dublin, OH 43017-1090 Phone: 614-410-4400 • Fax: 614-410-4490 Memo Memo re. Ord 07-25 Code Amendments April 1, 2025 Page 2 of 6 Council requested additional background regarding how compliance and enforcement issues are addressed. Staff shared that Administrative Order 8.5 provides guidance regarding enforcement procedures and general timeframes. Overall, timeframes to address compliance issues are determined by several factors, including community impact, public health/safety, and level of difficulty in obtaining compliance. Common violations have compliance dates ranging from immediate to 30 days, depending on the nature of the violation. For example, signs located in the right-of-way, trash can screening, vehicles blocking sidewalks, and litter is addressed immediately if contact can be made with the property owner; grass and weed compliance deadlines are set at five days by Code; and installation of an illegal sign, patio or fence that requires additional zoning approval is given 10 days to begin the approval process or removal of the violation before proceeding with legal action. Serious hazards that could cause death or serious injury are acted upon immediately through a stop work order. The main objective of Code Enforcement is to prevent issues through education and behavior modification, with punishment being secondary. West Innovation District Council members requested additional amendments and understanding related to the setback, building height, buffering for incompatible uses, and clarification regarding lighting requirements. The draft regulations have been updated to add evergreen to the required plant material for screening within Section 153.140 and to provide updated language to ensure mounding, setbacks and proposed building heights when adjacent to residential uses. Council asked for clarification regarding how lighting requirements are managed in WID, which staff confirms require adherence to the lighting standards outlined in the general Zoning Code with Section 153.149. Background In 2023, the City of Dublin adopted its Economic Development Strategic Plan, which updated the City’s development strategy. The second strategy identified in the plan is to “Make Dublin’s Development Processes More Transparent and Predictable, Thereby Reducing Uncertainty.” The previous Economic Development Strategy from 2019 detailed that attracting and retaining value-added business enterprises is highly competitive, and the ability to grow and scale such companies within a region is extremely difficult. For a city to be a competitive location, it must ensure that its government policies, procedures, regulations, and codes encourage, rather than discourage, investment. In gathering input for the 2019 Economic Development Strategy, business leaders indicated that there is a perception that Dublin can be a difficult and expensive place to do business. In follow-up questions, business leaders expressed concern over the lack of transparency in decision-making, as well as the predictability and timeliness of decisions, all of which increase costs to conduct business in Dublin. In 2024, Staff engaged several City Council members, Board and Commission members, and members of the development community to identify opportunities to improve the development review process. Through these engagements, Staff determined several Code areas ripe for greater simplification, predictability, and consistency with the Community Plan. Memo re. Ord 07-25 Code Amendments April 1, 2025 Page 3 of 6 The list of Code updates included is as follows: • Bridge Street, Historic and Mixed-Use Regional Districts – Concept Plan review process • West Innovation District – minor text updates and modifications to ID-2 Uses • Sign Regulations - Special Event Temporary Sign Requirements • Public Nuisance Regulations – Clarifying language for code enforcement These Code updates are initial changes that have been identified to improve the development process and code enforcement immediately. Proposed Amendments Concept Plan Review Process The current Code requires the Concept Plan as the first step in the review process for large- scale development projects within the Bridge Street, Historic and Mixed-use Regional Districts. Under the current review process, the required reviewing body is required to make a determination as part of this step unless a Development Agreement (DA) is included. When a DA is contemplated, the required reviewing body recommends the application to City Council for their determination. The proposed amendment retains the Concept Plan as a required step in the review process for large-scale development projects. However, it would move from a determination step to a non- binding feedback step by the required reviewing body for projects with and without a DA. The goal of this amendment is to provide consistency amongst the City’s review processes, allow an applicant the opportunity to gain feedback and streamline the number of approval steps. The Informal process will remain an optional step for both Minor Projects and larger projects. Staff will continue to encourage this step for the earliest feedback, especially on more complex projects. Development Agreements (DA) require approval from City Council via a separate action requested by the applicant. With the proposed modification, the Concept Plan would be discussion-only and not require a recommendation by the required reviewing body or approval by City Council when a DA is included. The timing of a DA will be the applicant’s purview and will no longer be linked to a specific step in the review process. As is the current practice, project proposals are included in the ordinance documentation for a DA when approved by City Council. This would continue to be the case with future DAs, thus not requiring a separate City Council determination on a development application. West Innovation District Updates The West Innovation District includes five zoning districts, which outline each district’s intent based on the desired development character and uses. Each district’s purpose is highlighted below: 1) Research Office (ID-1) – Intended to provide for the integration of large format research and office uses in multistory buildings. Memo re. Ord 07-25 Code Amendments April 1, 2025 Page 4 of 6 2) Research Flex (ID-2) – Intended to provide for the integration of small to medium-sized research and office uses in flexible building construction with smaller footprints and lower building heights than the ID-1 District. 3) Research Assembly (ID-3) – Intended to provide for a greater emphasis on large format buildings and sites focused on clean manufacturing and assembly at a higher intensity or scale. 4) Research Mixed Use (ID-4) – Intended to provide opportunities for a limited mix of uses in close proximity to employment, recreational amenities and existing neighborhoods. 5) Research Recreation (ID-5) – Intended to support the continued use and development of sports, recreation and amusement uses located within the Innovation Districts as an integral public amenity for residents and businesses within the area. The WID Special Area Plan recognizes the need to remain regionally competitive and drive future growth. Planning Staff and Economic Development Staff have worked together to identify opportunities to improve development processes and remove unintended barriers of the development process. The primary barrier identified by Economic Development Staff was Assembly and Manufacturing being a Conditional Use in the ID-2 district, as this use is an integral part of many small-scale flex innovation businesses that are targeted for this region. Additionally, Assembly and Manufacturing as a Conditional Use conflict with the recommendations of the Future Land Use Plan, as the Flex Innovation designation recommends clean manufacturing as a principal use and not a supporting use. To provide better alignment with the recently adopted Envision Dublin Community Plan recommendations and the Economic Development Strategy, staff recommends a proposed amendment within the Research Flex (ID-2) District to modify the Assembly and Manufacturing use category from a Conditional Use to a Permitted Use. Additional revisions have been made to remove references to the Economic Advancement Zone (EAZ), which was a previous accompanying document to the Code, which has been replaced with the update to the Envision Dublin Community Plan and the WID Integrated Implementation Plan, currently underway. Staff recommends two additional updates following the Planning and Zoning Commission meeting to change data centers from Permitted Use to Conditional Use in the ID-2 district and update the assignment of zoning districts for newly annexed properties within the WID boundaries. The change to the uses is requested to align more fully with the land use recommendations outlined within Envision Dublin. Data centers are included within the Industrial designation, which more closely aligns with the ID-3 district, highlighting the need to modify the use within the ID-2. The proposed change to the zoning district assignment updates the existing language to capture the updated boundaries of the WID Special Area Plan and allows for newly annexed properties to be directly zoned to the matching ID zoning district in the Code. The code currently references the boundaries of the old WID plan, which aligned with the previous name for the district as the Economic Advancement Zone (EAZ). Additional future amendments to the WID may be recommended after the completion of the WID Integrated Implementation Plan. Temporary Sign Regulations Memo re. Ord 07-25 Code Amendments April 1, 2025 Page 5 of 6 The temporary sign regulations were updated in April 2021 to address content neutrality following a US Supreme Court ruling. Following the adoption of these amendments, staff recognized the need for additional minor modifications to the temporary sign allowances for Community Activities and Special Events to align with current practices. The proposed amendments align the temporary sign requests with the city’s event permitting process. For special events, the event organizer is required to complete a community event permit application and include a detailed description of the proposed signage, which is reviewed by the city’s event staff. The proposed amendment clarifies this process and allows the city’s event staff to approve appropriate temporary signage for the various levels of events. The proposed amendment also clarifies temporary sign allowances for community activities, such as public meeting notices and city events. Public Nuisance Regulations The purpose of public nuisance regulations is to protect public health, safety, and welfare by preventing and addressing conditions that negatively impact the community. These regulations help maintain property values, promote a high quality of life, and ensure that properties are used in a manner consistent with zoning laws. These include: • Preventing hazardous, unsanitary, or unsafe conditions on properties. • Reducing noise, odors, or other disturbances that interfere with the peaceful enjoyment of neighboring properties. • Regulating abandoned or neglected properties that could attract pests, crime, or blight. • Controlling signage, debris, or obstructions that could harm the public or disrupt the aesthetics of the city. Code enforcement uses public nuisance regulations to ensure properties comply with zoning laws and do not negatively impact the community. Clarity in the language is crucial for effective code enforcement and ensures enforcement officers can apply the rules fairly and consistently, property owners can understand their responsibilities, and legal actions can be defended if necessary. The draft amendments to these regulations have been identified to address evolving community needs, clarify ambiguous language, close enforcement gaps, and ensure that code enforcement officers have the proper tools to effectively uphold the standards. The amendments include broadening the application of the regulations to include the entire premises, as well as for all properties, not only residential; clarifying language regarding the permitted premises conditions; providing alternative screening methods for residential trash and recycling; and addressing vehicle storage and screening. Board and Commission Recommendations The ARB reviewed and recommended approval to PZC on January 29, 2025, regarding the proposed amendment to the Concept Plan review process within the Historic District. No changes were requested as part of this review. Memo re. Ord 07-25 Code Amendments April 1, 2025 Page 6 of 6 On February 6, 2025, PZC reviewed and recommended approval to City Council of the proposed amendments to the Concept Plan, West Innovation District and temporary sign regulations. No changes were requested as part of this review. On February 20, 2025, PZC reviewed and recommended approval to City Council of the proposed amendments to public nuisance regulations. PZC requested additional clarification regarding the storage and maintenance of firewood, which has been incorporated into the draft ordinance. Recommendation Approval of Ordinance 07-25. RECORD OF ORDINANCES BARRETT BROTHERS - DAYTON, OHIO. Form 6220S || Ordinance No. 07-25 ___ Passed ; | AMENDMENTS TO ZONING CODE SECTION 153.002, 153.004, 153.037-153.042 AND 153.236 REGARDING THE WEST INNOVATION DISTRICT, 153.002, 153.048, 153.066, 153.176 REGARDING THE CONCEPT PLAN REVIEW PROCESS, 153.158 REGARDING TEMPORARY SIGNS FOR SPECIAL EVENTS, AND 153.076 REGARDING PROPERTY NUISANCE REGULATIONS (25-005ADMC) WHEREAS, it is necessary from time to time to amend Dublin’s Zoning Code to protect the health, safety and welfare of the citizens of the City of Dublin, and WHEREAS, the City of Dublin Zoning Code needs to be updated to provide clarity and consistency regarding regulations to maintain the high-quality development standards within the City, and WHEREAS, the Planning and Zoning Commission reviewed and recommended adoption of the proposed amendment to Sections 153.002, 153.004, 153.037- 153.042, 153.048, 153.066, 153.076, 153.158, 153.176, and 153.236 of the City of Dublin’s Zoning Code on February 6 and 20, 2025 because it serves to improve the health, safety and welfare of the citizens of the City of Dublin. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, of its elected members concurring, that: Section 1. Sections 153.002, 153.004, 153.037-153.042, 153.048, 153.066, 153.076, 153.158, 153.176, and 153.236 of the Codified Ordinances of the City of Dublin is hereby amended and shall provide as attached to this Ordinance: Section 2. This ordinance shall be effective on the earliest date permitted by law. Passed this day of , 2025. Mayor - Presiding Officer ATTEST: | Clerk of Council 1 REVIEW AND APPROVAL PROCEDURE AMENDMENT - CONCEPT PLAN City Council – March 17, 2025 Redline Version (Red = Deleted Text, Blue = New Text) 153.002 Definitions (B) General definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning, as determined by the Director. (3) General definitions - C (p) CONCEPT PLAN. A plan that generally indicates the overall design of a proposed PUD or BSD project with sufficient information to enable the applicant and the city to discuss the concept for the proposed development and analyze determine if the proposal is generally consistent with the Community Plan and other applicable plans of the city. Mixed Use Regional District 153.048 Review and Approval Procedures and Criteria (B) Process summary. (1) The following table summarizes the review and approval processes for the various application types that are applicable to development within a MUR Zoning District. Specifics for each of these processes can be found in the respective section identified in the column titled “Zoning Code Reference”. Table 8: Process Summary Table R=Recommendation D=Decision A=Administrative Appeal RF=Review & Feedback 2 Review/ Approval Body: Planning Director Administrative Review Team Board of Zoning Appeals Planning and Zoning Commission City Council Zoning Code Reference Table 8: Process Summary Table R=Recommendation D=Decision A=Administrative Appeal RF=Review & Feedback Review/ Approval Body: Planning Director Administrativ e Review Team Board of Zoning Appeals Planning and Zoning Commission City Counci l 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) Zoning Code Approvals Use Variance R R D § 153.231(H)(3) Non-Use (Area) Variance R D § 153.231(H)(2) MUR District Applications 3 Pre- Application Staff Meeting RF § 153.048(C) Informal Plan R RF § 153.048(D) Concept Plan R D RF § 153.048(E) Concept Plan with a Development Agreement R R D § 153.048(E)(1)( e) Final Development Plan R A D § 153.048(F) Minor Project R D A § 153.048(G) Waivers R D § 153.048(H) Administrative Departure D A § 153.048(I) Master Sign Plan R D § 153.048(J) Administrative Approvals D § 153.048(K) Certificate of Zoning Plan Approval D § 153.048/ § 153.048(M)(3) 4 (2) Process flow chart. The following flow chart identifies the primary process applicable to development applications within the MUR Zoning Districts. This is an illustrative representation of the process and does not reflect all possible scenarios and situations. (D) Informal Plan. Prior to submittal of an application for a Concept Plan, an 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 Concept Plan a subsequent application. 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 is to provide a general outline of the scope, character, and nature of the proposed development to determine if it is consistent with the policy direction and recommendations set forth in the Community Plan, the Dublin Corporate Area Plan, the MUR Design Guidelines, the requirements of the MUR Zoning Districts, and applicable Zoning Code requirements. (b) The Concept Plan review provides an opportunity for public input at an early stage of the development process. (c) The Concept Plan review is intended to provide clear direction to the applicant by the required reviewing body resulting from its review and approval feedback of the application. (d) If the The Concept Plan review is approved by the reviewing body, it shall serve as a basis for preparation by the applicant of the FDP for the proposed development. (e) 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 Concept Plan. In those cases, the Director and the Planning and Zoning Commission shall each review the Concept Plan and provide a recommendation to Council to approve, approve with conditions, or disapprove the Concept Plan. 5 (2) Review procedures. (a) The Concept Plan is a mandatory step in the development review and approval process. (b) An application for a Concept Plan shall be made in accordance with the provisions of division (M)(1) of this section. (c) The Planning and Zoning Commission shall be the required reviewing body for the Concept Plan in the MUR Zoning Districts, unless a development agreement is proposed in conjunction with a proposed project, then City Council shall be required reviewing body for the Concept Plan. (d) The Concept Plan shall be forwarded to the PZC for approval, approval with conditions, or denial of the application review and feedback under the criteria of division (E)(4) of this section. (e) The Director shall provide an analysis of the CP application under the considerations of division (E)(4) of this section. (e)(f) The PZC shall review the Concept Plan application, the minutes of the PZC meeting if an informal review was requested by the applicant, the Director’s recommendation analysis, and render its decision provide feedback based on the criteria considerations 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 Concept Plan 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 Concept Plan application and the recommendations of PZC and the Director, and render its decision based on the criteria of division (D)(3) of this section of approval, approval with conditions, or denial. (3) Submittal requirements. It is the intent of these regulations that the Concept Plan 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 (M)(1) of this section and determined by the Director. (4) Review considerations criteria. The required reviewing body shall make its decision review and provide feedback on an application for a Concept Plan based on each of the following criteria considerations 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. 6 (a) The Concept Plan is consistent with the applicable policy guidance of the Community Plan, the Dublin Corporate Area Plan, the MUR Design Guidelines, the requirements of the MUR Zoning Districts, other applicable Zoning Code requirements, and other applicable city plans, and citywide administrative and financial policies; (b) The Concept Plan conforms to the applicable requirements of the Code; (c) The illustrative lots, supporting street and pedestrian network, and internal circulation provide a coherent development pattern 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 § 153.046, 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 requirements of § 153.047, Site Development Standards and the MUR Design Guidelines; (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; and (g) The Concept Plan 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. (F) Final Development Plan (4) Review criteria. The PZC shall make its decision on an application for an FDP based on each of the following criteria: (a) The FDP shall be substantially similar to the approved Concept Plan, and consistent with the record established by the required reviewing body, the associated staff report, and the Director’s recommendation; (M) Duration of Approvals (a) Because the review of a Concept Plan application is non-binding on the city and does not result in a decision by the PZC, the comments made during the Concept Plan application review do not expire. However, if the applicant makes any 7 material change in the Concept Plan application following the review, the applicant should not assume that the previous Concept Plan review comments remain applicable to the revised application. An approved Concept Plan shall be valid for a period of no more than one year. If an application has not been filed for an FDP for at least a portion of the site within that two-year period, then the Concept Plan shall no longer be valid. A new Concept Plan application shall be required in accordance with the requirements of this chapter. Bridge Street District 153.066 Review and Approval Procedures and Criteria (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 TABLE 153.066-A: SUMMARY PROCEDURE TABLE 8 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 RF § 153.066(E) Concept Plan with a Development Agreement R R D § 153.066(E) 9 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) (D) Informal. Prior to submittal of an application for a Concept Plan, an 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 Concept 10 Plan a subsequent application . 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. (c) The CP review provides an opportunity for public input at an early stage of the development process. (d) The CP review is intended to provide clear direction to the applicant by the required reviewing body resulting from its review and approval feedback of the application. (e) If the The Concept Plan review is approved by the 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 Concept Plan applications disapproved by PZC before the effective date of this revised section and after June 1, 2023, and for which a notice of appeal was timely filed, an applicant would be permitted to submit a Preliminary Development Plan application for review within one year of the effective date of this amendment. (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 11 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 provide an analysis of the CP application under the criteria considerations 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 analysis, and render its decision provide feedback based on the criteria considerations 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 considerations 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 considerations criteria. The required reviewing body shall make its decision review and provide feedback on an application for a Concept Plan based on each of the following criteria considerations 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. 12 (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. (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; (O) General Provisions (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 13 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) Because the review of a Concept Plan application is non-binding on the city and does not result in a decision by the PZC, the comments made during the Concept Plan application review do not expire. However, if the applicant makes any material change in the Concept Plan application following the review, the applicant should not assume that the previous Concept Plan review comments remain applicable to the revised application. 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. Historic District 153.176 Review and Approval Procedures and Criteria TABLE 153.176A: SUMMARY PROCEDURE TABLE R=Recommendation D=Decision A=Administrative Appeal RF=Review & Feedback Type of Application PD ARB BZA PZC Counc il Zoning Code Reference TABLE 153.176A: SUMMARY PROCEDURE TABLE R=Recommendation D=Decision A=Administrative Appeal RF=Review & Feedback Type of Application PD ARB BZA PZC Counc il Zoning Code Reference Zoning Code Approvals Zoning Map or Text Amendment R R R D § 153.234 14 Conditional Use R 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) Historic District Applications Pre-Application RF § 153.176(D) Informal Review RF RF § 153.176(E) Concept Plan R D RF § 153.176(F) Concept Plan with a Development Agreement R R D § 153.176(D) Preliminary Development Plan R D § 153.176(G) Final Development Plan R D A § 153.176(H) Minor Project R D A § 153.176(I) Demolition R D A § 153.176(J) Waivers R D § 153.176(K) 15 Master Sign Plan R D § 153.173(L)/ § 153.176(L) Administrative Approval D A § 153.176(M) Certificate of Zoning Plan Approval D § 153.233/ § 153.176(O)(3 ) (E) Informal review. Prior to submittal of an application for a Minor Project (MP) or Concept Plan (CP), a An applicant may submit an Informal application for review of a development concept with the ARB. 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 ARB and the applicant, however, it is intended to provide feedback by the ARB that should inform the preparation and subsequent review of a subsequent application the CP. The Planning Director shall prepare a brief analysis and comments that will be submitted to the ARB with the application. (F) 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, the Historic Design Guidelines, the requirements of the Historic Zoning Districts and those applicable to designated outlying resources, 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, Historic Design Guidelines, and applicable Zoning Code requirements; 16 2. That the proposed development and layout are generally compatible with the existing development pattern and scale of development within Historic Dublin; or surrounding development for the designated outlying resources; 3. That the proposed development concept generally preserves and maintains the historic nature of a given site; and 4. That the proposed development concept has the potential to create a walkable, pedestrian scale place. (c) The CP review provides an opportunity for public input at an early stage of the development process. (d) The CP review is intended to provide clear direction to the applicant by the required reviewing body resulting from its review and approval feedback of the application. (e) If the The Concept Plan review is approved by the 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 Architectural Review Board 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. (b) An application for a CP shall be made in accordance with the provisions of divisions (P)(1) of this chapter. (c) The ARB shall be the required reviewing body for the CP in Historic Dublin and any designated outlying property, 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 ARB for approval, approval with conditions, or denial provide an analysis of the CP application under the criteria considerations of division (F)(4) of this section. (e) The ARB shall review the CP application, the minutes of the ARB meeting if an informal review was requested by the applicant, the Director’s recommendation analysis, and render its decision provide feedback based on the criteria considerations of division (F)(4). In the instance the ARB is the required reviewing body, the Board will render a decision for approval, approval with conditions, or denial and written record of the Board’s decision shall be provided. 17 (f) In the instance of a CP associated with a proposed development agreement, the Board 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 ARB and the Director, and render its decision based on the criteria of division (F)(4) 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 considerations in division (F)(4). The applicant shall submit an application and supplemental materials as outlined in division (P)(1) and determined by the Director. (4) Review considerations criteria. The required reviewing body shall make its decision review and provide feedback on an application for a CP based on each of the following criteria considerations and may consider the recommendation of the Director and, if City Council is the required reviewing body, the recommendation of the ARB. For applications associated with a development agreement, the ARB 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, applicable Zoning Code requirements, and other applicable city plans, and citywide administrative and financial policies; (b) The CP is consistent with the Historic Design Guidelines; (c) The CP conforms to the applicable requirements of the Code; (d) The CP is consistent with surrounding historic context, character, and scale of the immediately surrounding area and the district as a whole; (e) The applicant or applicant’s representative has demonstrated that it has technical expertise and experience with appropriate construction methods consistent with sound historic preservation practices; (f) The illustrative lots, supporting street and pedestrian network, and internal circulation provide a coherent development pattern and the conceptual locations of access points to surrounding streets will avoid adverse impacts on surrounding neighborhoods and traffic infrastructure; (g) The proposed land uses allow for appropriate integration into the community, consistent with adopted plans, and align with the requirements of § 153.172 Uses; 18 (h) The conceptual improvements are appropriately sited and scaled to create a cohesive development character that complements the surrounding environment, and conforms to the architectural requirements of § 153.174 Design Standards and the Historic Design Guidelines; (i) The conceptual design of open spaces, including location and relationship to surrounding resources, provides for meaningful public gathering spaces that benefit the community both within and outside the proposed development; and (j) 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. (G) Preliminary development plan. (4) Review criteria. The ARB 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; (P) General provisions. (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 ARB, 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) Because the review of a Concept Plan application is non-binding on the city and does not result in a decision by the ARB, the comments made during the Concept Plan application review do not expire. However, if the applicant makes any material change in the Concept Plan application following the review, the applicant should not assume that the previous Concept Plan review comments remain applicable to the revised application. 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. 19 1 WEST INNOVATION DISTRICT – CODE AMENDMENTS City Council – April 7, 2025 Redline Version 153.002 DEFINITIONS (23) Uses definitions - W (a) WAREHOUSING, WHOLESALING AND DISTRIBUTION. Facilities and accessory uses for the mass storage and movement of goods as well as transportation, logistics, maintenance and fleet parking. (b) WHOLESALING AND DISTRIBUTION. Facilities and accessory uses for the mass storage and movement of goods as well as transportation, logistics, maintenance and fleet parking. (bc) WIRELESS COMMUNICATION. Wireless communications facilities and related terms are defined in § 99.04 of this Code of Ordinances. 153.004 APPLICATION (D) Annexed territory. Territory annexed to the municipality after the effective date of the Zoning Ordinance shall be automatically rezoned to the R, Rural District or in the case for property located within the area bounded by U.S. 33 and Avery Road on the east, Shier Rings Road on the south, Bouchard Road on the west and SR 161 to the north, including additional service agreement areas west of U.S. 33 north of SR 161boundaries of the West Innovation District Special Area Plan, to the appropriate Innovation District (ID-1, ID-2, ID-3 or ID-4) in accordance with the adopted Economic Advancement Zone Plan and related EAZ Zoning PlanFuture Land Use Plan as soon as such property is accepted by City Council. § 153.037 DISTRICT PURPOSE AND INTENT. (A) Purpose. The West Innovation District's (WID) requirements and standards are intended to provide four five distinct zoning districts to implement the city's vision and goals in creating the Economic Advancement Zone as a critical component of the Central Ohio Innovation Corridor (COIC). an innovation and research district. The EAZ district is envisioned as an important technology and research business center that will encourage the development and operation of suburban technology and office park 2 campuses and promote individual sites for development attracting high-tech and related uses to the city. These requirements and standards are meant to foster the orderly growth and development of these uses as well as promote the development of commercial, service, recreational and residential uses in appropriately designated areas that serve the primary users in the districts. The goal is to create zoning districts that set development requirements to ensure that buildings and uses in the districts will adhere to high-quality, uniform design standards while addressing the unique needs of specialized industries and uses. At the same time, these requirements give a competitive advantage to the EAZ district by providing a streamlined process for reviewing development proposals. (B) Standard districts. All Innovation Districts are standard zoning districts under § 153.016(A) and shall constitute separate and distinct zoning classifications. (C) Conflicts. If these requirements conflict in any manner with the City of Dublin Codified Ordinances, the provisions of the districts shall prevail. All matters not covered by the districts and their requirements shall be regulated by the requirements and standards contained in the City of Dublin Zoning Code. (D) Severability. If any provision or provisions of this subchapter or the application thereof to any zoning lot, building or other structure or tract of land are declared by a court of competent jurisdiction to be invalid or ineffective in whole or in part or to be inapplicable to any person or situation, the effect of such decision shall be limited to the provision or provisions which are expressly stated in the decision to be invalid or ineffective to the zoning lot, building or other structure or tract of land immediately involved. All other provisions of this subchapter shall continue to be separate and fully effective, and the application of any such provision to other persons or situations shall not be affected. (E) Establishment of districts. There are hereby created five Innovation District zoning classifications within the EAZ: Research Office (ID-1); Research Flex (ID-2); Research Assembly (ID-4); Research Mixed Use (ID-4); and Research Recreation (ID-5) District. (F) Zoning amendments. A request to zone or rezone land to any Innovation District designation shall be made in accordance with § 153.234, Zoning Text and Map Amendments. (G) Applicability. Any development proposed to occur on land designated as ID-1, ID-2, ID-3, ID-4, and ID-5 shall be required to meet the requirements of the Innovation Districts as specified herein. In the case of the ID-5 District, development shall comply with the latest adopted version of "Planned Industrial Park Development Text: Northwest Dublin Commercial Park/Sports Ohio." (1) Continuance of existing structures. Where a lawful structure exists at the effective date of this amendment that does not comply with the requirements of this Code because of restrictions such as front property line occupation, lot coverage, 3 required build zone, buildable area, height or other requirements related to the structure, that structure may be continued as an existing structure as long as it meets the requirements of § 153.039(C)(11). Notwithstanding the provisions of § 153.004, the following shall apply to buildings and structures within the Innovation Districts. (2) Expansion of existing structures. Existing structures may be extended, enlarged, altered, remodeled or modernized only after approval by the Administrative Review Team (ART) upon finding that all of the following conditions are met: (a) That the existing structure meets all height, area and/or parking and loading provisions that were applicable immediately prior to the rezoning of the property on which it is located into an Innovation District. (b) That the enlargement or extension is limited to the same parcel on which the existing structure was located on at the time of the adoption of this amendment. (c) That the improvement does not interfere with the use of other properties in the vicinity. (d) That the enlargement or extension does not exceed 50% of the GFA of the existing structure at the time of the adoption of this amendment. (3) Compliance with parking requirements. Any existing structure which does not have the minimum number of parking spaces or loading areas as required by this Code, and which thereafter provides additional parking and/or loading spaces in conjunction with an improvement as permitted in § 153.039(C)(11)(b), shall be required to meet the minimum number of parking spaces as required by the district in which it is located. (4) Reconstruction or movement. Should an existing structure be destroyed to an extent of more than 60% of its replacement value, exclusive of the foundation, that existing structure shall be reconstructed only in conformance with the provisions of this Code. Existing structures destroyed to an extent equal to or less than 60% of its replacement value, exclusive of the foundation, may be reconstructed in the location that existed prior to the adoption of this amendment. Should the property/building owner or lessee demolish more than 50% of the gross square footage of an existing structure, all improvements on the property must be constructed in accordance and/or brought into conformance with the requirements of this Code. All permitted reconstruction shall be started within 12 months of destruction and be continued until completion. (5) Existing uses. The long range implementation of the Economic Advancement Zone PlanWest Innovation District requires sensitive treatment of existing uses that represent significant investment in the city. It is the intent of this section to permit existing uses to continue and to be considered conforming to this Code, even if the use is not otherwise permitted in the District or building type, provided that the following requirements are met: 4 (a) Continuation of use. All uses that were permitted or conditional uses under the zoning of a property immediately prior to its rezoning into an Innovation District shall continue to be allowed as permitted or conditional uses on the property in addition to those permitted and conditional uses under the applicable Innovation District, provided that at least one of the permitted or conditional uses under the prior zoning has been operated in an existing structure on the property within 12 months prior to the rezoning of the property into the Innovation District. (b) Expansion of existing uses. In addition to the provisions of division (5)(a) above, any existing use may be extended throughout any building or parts of a building which were manifestly arranged or designed for that use at the time of adoption or amendment of this Code, but the use shall not be extended to occupy any land outside the building except as permitted by the ART in § 153.039(C)(11). (c) Abandonment of existing uses. If an existing use is abandoned for any reason for a period of more than 12 months, any subsequent use shall conform to the requirements of this Code. With regard to a multi-tenant building, the term EXISTING USE shall mean all of the existing uses in that building. (d) Determination of abandonment. An existing use shall be determined by the Director to be abandoned if one or more of the following conditions exist: 1. Utilities such as water, gas and electricity to the property have been disconnected; 2. The property, buildings and/or grounds have fallen into disrepair; 3. Signs or other indications as to the presence of the use have been removed; 4. Equipment or fixtures necessary for the operation of the use have been removed; or 5. Other actions, which in the opinion of the Director constitute an intention on the part of the property owner or lessee to abandon the use. (H) District intent. As part of the Economic Advancement Zone, the following shall be the general intent of the Innovation Districts: (1) Research Office (ID-1) District. The purpose of the Research Office District is to provide for the integration of large format research and office uses in multistory buildings. Uses within the ID-1 District may include a mix of office, research, laboratory, clean manufacturing, assembly, and other uses incidental to office, technology and research uses. Higher-intensity sites in this district include those with higher freeway and major arterial visibility. Architecture should include taller buildings and be provided at a higher level of quality, and parking structures should be considered where feasible to maximize development potential for the district. This district may include manufacturing of a lower intensity nature conducted in a manner and with a character 5 that does not create significant negative effects. Clean manufacturing and assembly should be incidental to a larger office/research facility and/or should be constructed at a higher level of architectural quality expected in this highly visible district. (2) Research support buffer. The research support buffer identifies those portions of the Economic Advancement Zone where conditions are most favorable for the future incorporation of commercial support services for businesses, employees and area residents. Based upon analysis of area traffic levels, expected growth and existing and planned road networks, a buffer area 1,300 feet from the west right-of-way line for Avery Road was determined to be the most visible areas with interchange adjacency and access to major arterials that are located at the entry point to the EAZ. The buffer is intended to provide opportunity for appropriately sited support uses that can be supported by employment and through traffic to enhance Dublin's marketability of the EAZ. The adopted EAZ Plan further identifies similar buffer areas north of SR 161 that will address future needs in that portion of the EAZ. With conditional review of commercial support uses, the buffer reduces the potential for future land use conflict and will allow for greater public review of support uses. (32) Research Flex (ID-2) District. The purpose of the Research Flex District is to provide for the integration of small to medium-size research and office uses in flexible building construction with smaller footprints and lower building heights than the ID-1 District. This District focuses on, but is not limited to, the provision of flexible space that can accommodate a broad range of changing business and research needs as businesses grow and change. Construction in this district is focused on smaller sites for single users or larger tract development with multiple buildings housing a variety of companies. Greater attention to architectural detail and quality should be expected similar to the ID-1 District. (43) Research Assembly (ID-3) District. The ID-3 District is intended to provide for a greater emphasis on large format buildings and sites. Located at the western extents of the EAZdistrict, development focus in this area is intended for clean manufacturing and assembly at a higher intensity or scale. Uses are not expected to create significant impacts, and architecture is expected to accommodate uses with greater focus on manufacturing and assembly. Development within the ID-3 District may include uses and design quality appropriate to the ID-1 or ID-2 Districts but require less stringent architectural requirements. (54) Research Mixed Use (ID-4) District. The ID-4 District provides opportunities for a limited mix of uses in close proximity to employment, recreational amenities and existing neighborhoods. This district is intended for smaller scale research uses, housing and office options either horizontally or vertically integrated as a coordinated mix of uses. Residential options should provide housing choices for employees within the Innovation Districts within easy walking or biking distance. Integration of offices and small support uses can provide a transition to adjacent land uses. 6 (65) Research Recreation (ID-5) District. The ID-5 District is intended to support the continued use and development of sports, recreation and amusement uses located within the Innovation Districts as an integral public amenity for residents and businesses within the area. This district is intended to accommodate existing sites and is not to be expanded further within the Economic Advancement Zone. (Ord. 13-08, passed 4-7-08; Am. Ord. 32-11, passed 6-27-11) § 153.038 DISTRICT USES. (A) Rezoning to the Innovation Districts, as described below, shall be accomplished in accordance with the procedures of § 153.234. The four districts shall be designated on the Official Zoning Map for the City of Dublin as: (1) Research Office (ID-1) with a Research Support Buffer; (2) Research Flex (ID-2); (3) Research Assembly (ID-3); (4) Research Mixed Use (ID-4); and (5) Research Recreation (ID-5). (B) Uses in the Innovation Districts are shown on the following table. Descriptions and characteristics of use categories can be found in § 153.002(A), uses definitions. Additional development requirements for particular uses are contained in division (C) of this section as referenced below within the "Use Specific Standards" column. (1) Permitted uses. Uses denoted as "P" in Table 153.038(B)(4), Table of Uses, indicate that the use is allowed by right, subject to compliance with the use specific requirements referenced in the Table of Uses and all other applicable provisions of the Zoning Code. (2) Conditional uses. Uses denoted as "C" in Table 153.038(B)(4), Table of Uses, indicate that the land use is allowed only upon approval of a conditional use permit as required by § 153.236, compliance with use specific requirements referenced in the Table of Uses and all other applicable provisions of the Zoning Code. (3) Size or time limited uses. Uses denoted with an "S" or "T" in Table 153.038(B)(4), Table of Uses, indicate special limits regarding size or time duration of the use and are subject to compliance with the use specific requirements referenced in the Table of Uses and all other applicable provisions of the Zoning Code. (4) Table of uses. The following table identifies permitted and conditional uses within the ID-1, ID-2, ID-3 and ID-4 Districts. In all cases, blank spaces or uses not included indicate that the uses are not permitted. For the Research Recreation (ID-5) 7 District, uses shall be those as outlined in the latest adopted version of "Planned Industrial Park Development Text: Northwest Dublin Commercial Park/Sports Ohio." P=Permitted C=Conditional S=Size Limited T=Time Limited Principal Uses Research Office Research Flex Research Assembly Research Mixed Use Use Specific Standards Commercial Uses ID-1 ID-2 ID-3 ID-4 Animal Care – General Services C 153.038(C)(1) Animal Care – Veterinary Offices C 153.038(C)(1) Animal Care – Veterinary Urgent Care and Hospitals C 153.038(C)(1) Conference Center P P 153.038(C)(2) Data Center C P C P Eating and Drinking C 153.038(C)(3) Entertainment and Recreation – Indoor C P 153.038(C)(4) Entertainment and Recreation – Outdoor 153.038(C)(4) 8 Exercise and Fitness C P P 153.038(C)(4) Fueling/Service Station C 153.038(C)(5) Hotel P Office – General P P P P Office – Call Centers P P P Office - Flex P P P P 153.038(C)(6) Office – Medical P P P P Parking Structures P 153.038(C)(7) Personal, Repair and Rental Services C 153.038(C)(8) Retail C 153.038(C)(8) Transportation – Park and Ride P P P 153.038(C)(9) Civic, Public & Institutional Uses ID-1 ID-2 ID-3 ID-4 Day Care C P P 153.038(C)(10) Educational Facility P P P 153.038(C)(11) High School P P P 153.038(C)(11) 9 Government Services – General P P P Government Services – Safety P P Government Services – Service P P Hospital P P P Library, Museum or Gallery C 153.038(C)(12) Religious or Public Assembly P 153.038(C)(13) Parks and Open Space P P P P Transportation – Transit Station P P P Industrial Uses ID-1 ID-2 ID-3 ID-4 Construction and Contract Service P P Manufacturing and Assembly CP P 153.038(C)(14) Mini-Storage 153.038(C)(15) Research and Development P P P P Utilities- District Energy Plant P P P 153.038(C)(16) 10 Utilities- Electric Substation P 153.038(C)(18) Utilities- Essential Services P P P P Utilities- Wireless Communications See Dublin Code Chapter 99 153.038(C)(19) Warehousing, Wholesaling, and Distribution C P 153.038(C)(20) Residential Uses ID-1 ID-2 ID-3 ID-4 Dwelling- Single- Family 153.038(C)(21) Dwelling- Townhome P 153.038(C)(22) Dwelling- Live- Work C P 153.038(C)(22) Dwelling- Multiple Family P 153.038(C)(22) = Research Support Buffer ONLY P=Permitted C=Conditional S=Size Limited T=Time Limited Accessory uses are permitted only in connection with a permitted or approved conditional use on the same property and must be clearly subordinate and incidental to that use. No accessory use may be operated when a permitted or conditional use does not exist on the property. Permitted principal uses are permitted as accessory uses 11 Accessory/Tempo rary Uses Research Office Researc h Flex Researc h Assembl y Resea rch Mixed Use Use Specific Standards Commercial Uses ID-1 ID-2 ID-3 ID-4 Bicycle Facilities P P P P 153.038(C)(23) Child Day Care P P P P 153.038(C)(10) Community Activity P,T P,T P,T P,T 153.038(C)(24) Construction Trailer/Office P,T P,T P,T P,T 153.038(C)(25) Corporate Residences P P P Drive-In/Drive-Thru C 153.038(C)(26) Dwelling Rental or Sales Office P 153.038(C)(27) Eating and Drinking P P P P 153.038(C)(3) Entertainment and Recreation- Indoor P P P 153.038(C)(4) Exercise and Fitness P P P P 153.038(C)(4) Helipad/Heliport P C 153.038(C)(28) Home Occupation P 153.038(C)(29) Outdoor Display/Seasonal Sales C,T 153.038(C)(30) 12 Parking Structures P P 153.038(C)(7) Personal, Repair and Rental Services P,S P,S P,S 153.038(C)(8) Retail P,S P,S P,S 153.038(C)(8) Transportation - Park and Ride P P 153.038(C)(9) Transportation - Transit Stop P P P P Utilities - Essential Services P P P P Utilities - Renewable Energy P P P P 153.038(C)(31) Utilities - Renewable Wind Equipment C C C C 153.038(C)(31) Utilities - Wireless Communications See Dublin Code Chapter 99 Vehicle Charging Stations P P P P Warehousing, Wholesaling and Distribution P,S P,S P,S Research Support Buffer ONLY (C) Use specific standards. The following requirements shall apply in addition to all other applicable development regulations for specific types of uses in the ID-1, ID-2, ID-3 and ID-4 Districts. For the Research Recreation (ID-5) District, use regulations shall be those as outlined in the latest adopted version of "Planned Industrial Park Development Text: Northwest Dublin Commercial Park/Sports Ohio." 13 (1) Animal care-general services; animal care-veterinary offices; animal care- veterinary urgent care and hospitals. Principal uses are limited to the research support buffer within the ID-1 District as a stand-alone use or as part of a larger retail center. Conditional use approval must be obtained as required by § 153.236. All activities shall be conducted indoors. No outdoor animal exercise or activity areas shall be permitted. Boarding of animals shall only be permitted for the ongoing care of animals in treatment and must be provided within the principal structure. (2) Conference centers. Facilities may be either freestanding or included within permitted hotels. Uses include accessory components such as banquet facilities and restaurants. (3) Eating and drinking. Principal uses are limited to the research support buffer within the ID-1 District as a stand-alone use or as part of a larger retail center. Conditional use approval must be obtained as required by § 153.236. As an integrated use on the ground floor of another principal use, facilities shall not exceed a cumulative total of 15% of the gross floor area of the ground floor. The following requirements shall apply for outdoor seating: (a) Speakers for amplified sound must not operate at a level greater than that to provide background music; (b) Advertising on furniture is prohibited; (c) A secure, enclosed area must be provided for the storage of furniture when not in use that will not interfere with pedestrian movement. (4) Entertainment and recreation-indoor; entertainment and recreation-outdoor; exercise and fitness. Principal uses are permitted in the ID-2 District. Within the ID-1 District uses are limited to the research support buffer as a stand-alone use or as part of a larger retail center, subject to conditional use approval as required by § 153.236. No use shall exceed 20,000 square feet of gross floor area. Accessory uses shall not exceed 10% of the gross floor area of the principal use. (5) Fueling/service station. Principal uses are limited to the research support buffer within the ID-1 District as a stand-alone use or as part of a larger retail center. Conditional use approval must be obtained as required by § 153.236. The following requirements shall also apply: (a) Facilities shall be located no less than 200 feet from any intersection, as measured from the corner property pin. (b) Each fueling station/pump shall be designed to accommodate a minimum of three vehicles (one at pump and two waiting). (c) Under canopy lighting should be recessed to avoid glare and light trespass. 14 (d) All canopies shall be clad in materials to match the primary structure, and multiple canopies are preferred over one continuous roof form. (e) Convenience store components shall be located along the public right-of- way and provide entry and orientation to the public street. (f) Accessory items for fueling stations such as waste receptacles should be located between stations. Vending machines and outdoor sales and displays must obtain separate approval as required by this section. (g) All inoperable vehicles must be parked in a defined service area providing screening in accordance with § 153.133. (h) Each fueling/service station shall be adequately buffered from adjacent properties as required by § 153.133. (6) Office-flex. Flex office must include a minimum of 30% office use. Remaining space may be used for any combination of research and laboratory space, clean manufacturing and assembly, wholesaling and/or related showroom, warehousing and or distribution purposes. Any showroom component shall not exceed 10% of the gross floor area of the principal structure and shall not count toward office calculations. (7) Parking structures. All parking structures shall meet the requirements of § 153.040(J). (8) Personal, repair and rental services; retail. Principal uses are limited to the research support buffer within the ID-1 District as a stand-alone use or as part of a larger retail center. Conditional use approval must be obtained as required by § 153.236. As ground-floor accessories to a larger permitted use, integrated establishments shall not exceed 10,000 square feet or 20% of the ground floor of the structure, whichever is smaller. (9) Transportation- park-and-rides. Park and ride facilities shall provide only one shelter per bus route. (10) Day care. Principal uses are permitted within the ID-2 District and are limited to the research support buffer within the ID-1 District as a stand-alone use or as part of a larger retail center subject to conditional use approval as required by § 153.236. As accessories to a larger permitted use, integrated establishments shall not exceed 15,000 square feet of gross floor area and shall comply with the requirements of R.C. § 5104.011. (11) Educational facility; high schools. Uses shall have no rooms for the regular housing or sleeping of students. Educational programs and/or uses should also have a defined mission to engage in technology or entrepreneurial programs. 15 (12) Library, museum or gallery. Principal uses are limited to the research support buffer within the ID-1 District as a stand-alone use or as part of a larger retail center. Conditional use approval must be obtained as required by § 153.236. Incidental sales relating to the facility are permitted. (13) Religious or public assembly. Only uses on sites existing as of the effective date of this amendment are permitted. Once removed, no further religious or public assembly uses shall be permitted. (14) Manufacturing and assembly. Any auxiliary showroom areas associated with the primary use shall not exceed 10% of the gross floor area of the principal structure. (15) Mini-storage. Only uses existing as of the effective date of this amendment are permitted. Once removed, no further mini-storage facilities shall be permitted. (16) Utilities- district energy plant. The incidental sales of electrical energy to public utilities are permitted. (17) (Reserved) (18) Utilities- electric substation. Electric substations shall be located at least 700 feet from all residential districts or residential subarea of a planned development district. (19) Utilities- wireless communications. For regulations governing wireless communication uses, Chapter 99 of the Dublin Codified Ordinances shall apply. (20) Warehousing, Wholesaling, & Distribution. Any auxiliary showroom areas associated with the primary use shall not exceed 10% of the gross floor area of the principal structure. (21) Dwelling- single-family. Only residential uses existing as of the effective date of this amendment are permitted. Once removed, no further single-family dwelling shall be permitted. (22) Dwelling, live-work; dwelling, townhome and dwelling, multi-family. Live- work units may include up to two non-resident employees, and the non-residential use must be owned or operated by a resident of the live-work dwelling unit. In all cases, gross density for live-work, townhome or multi-family development shall not exceed ten units per acre. (23) Bicycle facilities. Facilities shall be provided in accordance with § 153.040(H). (24) Community activity. Community activities shall be conducted in accordance with this code. (25) Construction trailer/office. All construction trailers and offices must obtain required permits and comply with setbacks applicable to the principal structures for sites upon which the construction will occur. Trailers/offices may be located on site no 16 more than 30 days prior to the commencement of construction activity and must be removed no later than 60 days following occupancy. (26) Drive-In/drive-thru. Facilities are not permitted within the ID-2, ID-3 or ID-4 Districts, principal uses are limited to the research support buffer within the ID-1 District as a stand-alone use or as part of a larger retail center. Conditional use approval must be obtained as required by § 153.236, and must comply with the following requirements: (a) Reductions may be requested by the applicant and approved pursuant to § 153.041(E)(6) if a lower need can be adequately demonstrated. (b) Stacking may not impede on-site or off-site traffic movement or circulation. (c) All menu boards, speakers or service windows must be located on the side or rear of the principal structure. (27) Dwelling rental or sales office. Rental or sales offices within the ID-4 District must comply with setbacks applicable to principal structures on the property and must be conducted in compliance with all applicable Code requirements for model homes and sales. (28) Helipad/heliport. Proposed facilities must comply with the provisions of § 153.094. (29) Home occupation. Within the ID-4 District, all home occupations shall comply with applicable provisions of § 153.073 and the following: (a) Uses must be conducted completely within the residence or an accessory building and shall not exceed 25% of the gross floor area of the dwelling. (b) No retail sales from the premises are permitted and the exterior of structures shall not be modified to accommodate the use. (c) No display or signs for the home occupation shall be visible from the street. (d) No employees are permitted other than those persons residing within the dwelling. (e) No equipment shall be used that creates noise, vibration, sound, smoke, dust, odors, heat, glare, x-ray or electrical disturbance that is discernable to adjacent dwellings or at the property line. (f) Uses requiring licenses from the state or city shall maintain licenses at all times and shall operate in compliance at all times. (g) Home occupations shall not include or involve motor vehicle or equipment repair, sate of weapons or hazardous materials or other activities that would constitute a nuisance within a residential area. 17 (30) Outdoor display/seasonal sales. Outdoor displays and/or seasonal sales must be associated with the primary use of the property and comply with the provisions of § 153.099. (31) Utilities- renewable energy equipment; utilities- renewable wind equipment. Incorporation of renewable energy for individual uses or groups of uses within the EAZ district is highly encouraged subject to the following: (a) Ground-mounted equipment for the collection of geothermal energy is permitted only to the side or rear of the principal structure, and equipment must be adequately screened. (b) Ground-mounted equipment for the collection of wind energy must be located to the rear of the principal structure. Both building-mounted and ground- mounted equipment are subject to conditional use approval as required by § 153.236. (c) For regulations pertaining to renewable energy equipment - solar, refer to § 153.074, Accessory Uses and Structures. (D) Similar uses or uses not addressed. (1) In those situations where a use is not specifically addressed but could reasonably be interpreted as similar in character to a use listed in the District, the Director may determine that the use is similar to the uses in the District, either as a permitted or a conditional use. (2) The Director shall base the decision on a finding that the proposed use satisfies all of the following: (a) Is consistent with the intent of this section and with the development intent for each District, as described in § 153.037(G) and this Code. (b) Will not impair the present or potential use of other properties within the same District in the vicinity. (c) The operation, scale and characteristics of the proposed use are no greater than those listed in the District, in terms of aesthetics, traffic generated, noise, potential nuisances, and other impacts related to community health, safety and welfare. (d) Will not adversely affect the Economic Advancement Zone elements of the Community Plan. (3) Once a finding of similar use is made, it shall comply with all applicable Code provisions, review and approval requirements and district regulations that apply to that use. (4) The Director's determination shall be in writing and sent to the applicant. The applicant may either appeal the decision to the Board of Zoning Appeals in accordance 18 with the provisions of this Code, or submit an application for an amendment to the Code. (Ord. 13-08, passed 4-7-08; Am. Ord. 32-11, passed 6-27-11; Am. Ord. 19-12, passed 4-23-12; Am. Ord. 70-22, passed 6-12-23) § 153.039 INNOVATION DISTRICT REQUIREMENTS. (A) Lot requirements. In addition to the provisions of §§ 153.070 through 153.076, the following requirements for arrangement and development of land and buildings shall be met in the ID-1, ID-2, ID-3 and ID-4 Districts. For the Research Recreation (ID- 5) District, lot requirements shall be those as identified in the latest adopted version of "Planned Industrial Park Development Text: Northwest Dublin Commercial Park/Sports Ohio." (1) Intensity of use. Lot size shall be sufficient to provide the yard spaces required by this section and the following provisions: (a) Minimum lot size. The size of lots within the Innovation Districts shall meet the following: Zoning District Minimum Lot Size ID-1 3 acres ID-2 2 acres ID-3 3 acres ID-4 No minimum (b) Maximum lot coverage. Lot coverage for structures and impervious surfaces shall not exceed the following. ZONING DISTRICT MAXIMUM LOT COVERAGE ID-1 70% ID-2 75% ID-3 70% ID-4 75% 19 (c) Building height. The height of principal and accessory structures shall be limited based upon setback requirements of this District and as limited by the Height Regulating Plan in the Community Plan's Economic Advancement Zone Plan. All structures greater than 68 feet in height shall require conditional use approval in accordance with § 153.236. (2) Setback requirements. Placement of structures and improvements shall provide sufficient separation to the adjacent site or use according to the following provisions. Setbacks shall be provided as necessary to accommodate any additional site requirements such as landscaping, mounding and buffering. (a) Lot width. Lots shall be a minimum of 60 feet in width at the public right-of- way. (b) Front yards. The required front yard setback for principal and accessory structures shall be determined based on the roadway type as identified by the EAZ Transportation Plan Multimodal Thoroughfare Plan, unless as outlined below in 153.039(A)(2)(f). (1) STREET TYPE REQUIRED FRONT SETBACK Arterials 50 feet Collectors 35 feet Local 30 feet (c) Side and rear yards. The following setbacks for components of principal and accessory structures shall be determined based upon the height of each individual component, unless as outlined below in 153.039(A)(2)(f). Building Height Side/Rear Building Setbacks ID-1 ID-2 ID-3 ID-4 17 feet 30 feet 15 feet 30 feet 15 feet >17 – 34 feet 35 feet 20 feet 35 feet 20 feet 20 >34 – 51 feet 50 feet 35 feet 50 feet 35 feet >51 feet 75 feet 50 feet 75 feet 50 feet Required side and rear setbacks for principal and accessory structures for non- residential uses shall in no case be less than 75 feet from a limited access right-of-way and 30 feet from any residential zoning district or a residential subarea of a planned development district as listed in § 153.016, unless developed as part of the ID-4 District. (d) Side pavement setbacks. Required side yard setbacks for pavement, which includes open storage, service and loading areas, shall be at least 15 feet, except for common access drives or shared service courts. Required side pavement setbacks shall be at least 30 feet from any residential zoning district or a residential subarea of a planned development district as listed in § 153.016. (e) Rear pavement setbacks. Required rear yard setbacks for pavement, which includes open storage, service and loading areas, shall be at least 25 feet, except for common access drives or shared service courts. Required rear pavement setbacks shall be at least 75 feet from limited access right-of-way and 50 feet from any residential zoning district or a residential subarea of a planned development district as listed in § 153.016. (f) Setbacks from residential. For properties located within the ID-2 and ID-3 districts, a 150-foot building and pavement setback is required from the property line(s) immediately adjacent to a residential zoning district. When setbacks conflict with the recommendations of the West Innovation District Special Area Plan, the greater setback shall apply. (B) Additional outdoor requirements. The following requirements for outdoor storage, operations and service areas shall be met in the ID-1, ID-2, ID-3 and ID-4 Districts. For the Research Recreation (ID-5) District, requirements shall be those as identified in the latest adopted version of "Planned Industrial Park Development Text: Northwest Dublin Commercial Park/Sports Ohio." (1) Outdoor operations. Uses shall operate entirely within an enclosed structure, unless it is determined by the Director that proposed outdoor operations are harmonious to the surrounding area and are adequately screened. (2) Outdoor storage. Exterior storage shall be screened in accordance with § 153.133(C)(1). Storage must be located to the side or rear of all buildings and shall not be visible from adjacent properties or from the public right-of-way. Areas devoted to the storage of materials, supplies, equipment or products outside of a permitted structure shall not exceed the following: 21 (a) An area equal to 25% of the GFA of the primary building when the GFA is less than 225,000 square feet; (b) An area equal to 5% of the GFA of the primary building when the GFA is more than 225,000 square feet; or (c) An area equal to 50% of the GFA of the primary building within the ID-3 District. (3) Off-site impacts. Uses must be conducted in a manner harmonious with the surrounding area and comply with minimum requirements as set forth by the provisions of § 153.076 and § 132.03 of the Dublin Codified Ordinances. (4) Service areas. Overhead doors shall be located to the side or rear of structures to minimize visibility from public streets. Open service areas and loading docks shall be screened by walls a minimum of six feet in height, but not greater than 12 feet. Walls, fences or landscape screening shall have 100% opacity to effectively conceal service and loading operations from an adjoining public right-of-way and from any residential zoning district or a residential subarea of a planned development district as listed in § 153.016. Compliance with the provisions of § 153.133(C) shall also be required. (5) All storage areas and structures for outdoor mechanical equipment must be screened so as not to be visible from the street and from pedestrian circulation areas, or recessed within the footprint of the building. (C) Architectural requirements. The following requirements for architectural design shall be met in the ID-1, ID-2, ID-3 and ID-4 Districts. For the Research Recreation (ID- 5) District, architectural requirements shall be those as identified in the latest adopted version of "Planned Industrial Park Development Text: Northwest Dublin Commercial Park/Sports Ohio." (1) Design purpose. The Innovation Districts utilize architecture as a key component for establishing a specific character for the area. Structures within the Innovation Districts are expected to have a forward-looking, contemporary architectural expression that is typically associated with technology and research uses. Buildings within the Innovation Districts shall reflect the high standard of development that is found throughout the community while seeking to accommodate the unique nature of uses within the Districts. All development in the Innovation Districts shall be required to meet the objective architectural requirements of this section unless a modification is approved, as provided herein. These requirements are intended to encourage creative architectural design while setting a level of expectation for development. (2) Architectural intent. All structures within the Innovation Districts are expected to be thoughtfully designed with materials, detailing, scale, and proportion that is intentional and carefully thought through and with specific attention toward aesthetics and overall style and character. Buildings may utilize any combination of exterior materials from the list of permitted materials, however, in all cases, these materials 22 shall be applied in a manner that provides well-detailed and aesthetically pleasing facade surfaces. Characteristics of a well-detailed facade include, but are not limited to, deliberate joint patterns, finished edge detailing, and durable, rust and fade resistant finishes. Concealed fasteners are highly encouraged. (a) ID-1. The Research Office District is intended to focus on larger buildings with multiple stories. As a district with high visibility focused on office-type construction, greater attention to architectural style and variety will be expected than other portions of the Economic Advancement Zone. Elements of the ID-1 District that are within the research support buffer may have a greater focus on retail and mixed use construction, but should utilize the same attention to quality and detail as other technology-related structures. (b) ID-2. The Research Flex District is expected to have a greater focus on smaller footprint buildings that effectively blend office and industrial design together in a manner that pays attention to quality and detail. The high quality level of the Research Office District is desired; however, review of projects in the ID-2 District will recognize that the increased emphasis on industrial-type components will warrant greater architectural flexibility to meet the needs of the market segment. (c) ID-3. As the most remote district of the EAZWID, the Research Assembly District is planned for more intensive industrial activity. With larger footprint manufacturing expected as a focus, a high level of quality is expected. The level of architectural detail and variation expected in this district will be lessened to meet the needs of clean manufacturing operations and smaller flex construction with different price points. (d) ID-4. Located adjacent to park amenities and existing residential uses, architecture should provide for high quality combination of office, residential and mixed architecture that effectively conveys the contemporary nature of the EAZ WID and provides for a more pedestrian-focused environment. (3) Applicability. Architectural requirements as specified by this section shall apply to new construction. Design of additions to structures existing as of the date of this amendment may coordinate with architecture of the existing structure, but to the extent possible shall meet the requirements of this section. (4) Critical design components. Architecture within the Innovation Districts should incorporate design technique and the application of building methodology that will result in architecture that is unique and diverse, while fitting into a general category of style. In particular, development will be evaluated according to the following criteria: (a) The visual and functional components of the building shall be complementary to the contemporary design style selected for the Innovation Districts and any adjacent users. 23 (b) The design expression is to be a modern application that is appropriate to high end technology or research uses. The design is consistent with the look and feel of a high-end technology or research uses where applicable. Consideration shall be given to the unique nature of the use or the interior arrangement of uses and activities within the structure. (c) All buildings are to use durable, long-lasting materials constructed with solid craftsmanship that will provide longevity. (5) Elements of contemporary style. Building design within the EAZ WID should clearly address in any appropriate combination, the following list of critical elements that embody the contemporary style. (a) Innovative use and presentation of building materials; (b) Utilize opaque, translucent and transparent materials to create facade compositions; (c) Make use of textures, protrusions, recesses, overhangs and other features that make use of shadow; (d) Design beyond the basic box by integrating added shapes, recesses, curvilinear forms, angles, non-conventional shapes, cantilevers, independent planes and by using special architectural features; (e) Avoid materials that are strongly associated with traditional residential architecture such as ashlar stone patterns, stressed or tumbled brick, brick that has been flashed to give it an older, non-uniform appearance and lap wood siding; and (f) Emphasize natural light and sustainable building techniques. (6) Applying the pattern book. Architectural requirements of the Innovation Districts and applicable review procedures highlight the most important site and building development issues. The provisions of the Districts recognize that design details not included in these requirements are best left to the inventive discretion of architects, land planners, and owners. Nevertheless, acceptance and implementation of the broader design themes of the EAZ WID are vital to the success of the city. Architectural provisions of the EAZ WID Plan should be used to provide additional clarification and guidance. The architectural pattern book portion of the plan illustrates acceptable levels of architectural expression and can be used to find cost-effective design methods by which to balance visual quality and project cost. (7) Building variation. (a) Elevations. All sides of a principal structure shall display a compatible level of quality and architectural interest, particularly those highly visible to the public. Each street facing elevation for principal structures on corner and through lots shall be 24 required to vary the design of the facade. The structure's architectural features and treatments shall be distributed through all of the facades. (b) Architectural variation. All building facades shall include architectural design elements that will provide greater visual interest and a consistent level of quality. Single-material, monolithic wall planes with lack of detail shall be avoided. This is particularly applicable to large footprint buildings with long, uninterrupted walls. Elements may include, but are not limited to the following: 1. Recessing and projecting of wall planes. Variations in depth shall be a minimum of 12 inches. 2. Architectural features that compose an aesthetically pleasing composition that reinforces the building character; A. Overhangs, columns, arcades and recessed entries; B. Architectural sunscreens, plant grids and green wall systems, trellises, arbors or pergolas; and C. Reveals, projecting ribs and offsets or insets 18 inches or greater in depth. 3. Variations in roof area and wall heights along the top of building walls and eave lines to create visual interest. (8) Architectural detail. All building facades facing public streets or residential districts shall incorporate architectural details, textures and/or design techniques that provide greater visual interest. (9) Fenestration. Building walls facing public streets or residential districts shall incorporate adequate changes in architectural fenestration to effectively avoid blank and undifferentiated elevations while balancing the needs of internal space needs and operations. To achieve this objective, the following shall be observed: (a) Windowless exterior walls are prohibited. (b) Windows and doors shall be in harmony with and proportionate to the building facade. (c) For industrial warehouse and production areas, clerestory windows and/or other comparable architectural elements shall be encouraged as a means to enhance interior lighting and to avoid blank facades. (10) Entrances. Main entrances to the public shall be designed to be clearly identifiable and provide visual orientation for visitors according to the following: (a) Buildings shall have at least one primary facade with a public entrance facing a street, main parking lot, or connection to a parking structure serving the building. 25 (b) Any public entrance shall be clearly identified as a special architectural feature for the building and be designed with a high level of care and detail and have an appropriate scale to the rest of the building. Insets, canopies, porticos, arches, change in roofline or form, overhangs or other architectural design elements shall be used. (11) Roofs. Building roofs and rooflines shall meet the following minimum criteria: (a) Buildings are encouraged to be designed to include varied eave lines, parapet heights and/or ridgelines to provide visual interest when appropriate. (b) Rooftop mechanical equipment and other functional components shall be screened from view from the ground by parapets not lower than the height of the roof equipment, screens with materials and details compatible with the building's facades, pitched roof areas, or special architectural features. Parapets on flat roofs shall not be included in the calculation for building height. (c) Energy conserving roof components are encouraged but their application shall fit comfortably within the building's design if visible, or be completely concealed from the ground views. (d) Low pitched, long span metal panel roofs commonly found on pre- engineered metal buildings are discouraged unless they are concealed by a parapet or other architectural component. (e) Visible roof materials shall be standing seam or batten seam metal or other products that are compatible with a high technology architectural expression. (f) Downspouts and scuppers shall be carefully integrated into the facade design. (12) Materials. At least 80% of exterior walls shall be constructed of one or more of the primary materials listed below: (a) Primary materials. 1. Brick. Brick shall be uniform in color within any one specific color range but using more than one color range to create patterns is acceptable. Bricks that have been flashed to change color in the individual unit, distressed bricks and wood mold bricks are not acceptable. 2. Glass. Transparent, tinted, reflective, coated, opaque, translucent, and textured glass, as well as glass block, is permitted. 3. Stone. Stone such as limestone, granite and marble are acceptable. Synthetic stone of a high quality that is indistinguishable from natural stone is also acceptable. 26 4. Pre-cast concrete. Pre-cast concrete panels developed with shadow lines, reveals, textural changes, color variations and/or exposed aggregate are acceptable. 5. Architectural metal. Smooth face, textured face and corrugated type insulated or un-insulated metal panels are acceptable. Careful attention to how the panels are adjoined, detailed at corners and attached is required. Long span, high profile fluted or ribbed metal panels, are prohibited from use in the ID-1, ID-2 and ID-4 Districts. Use of fluted or ribbed metal panels shall be limited to no more than 65% of the exterior in the ID-3 District. 6. Synthetics. Synthetic siding materials such as fiber cement siding and EIFS are acceptable if carefully integrated into the building's design and detailed with a high level of shadow lines and reveals. 7. Concrete masonry units. Architectural masonry units with special aggregates and finishes are acceptable. Split face masonry units may be acceptable if combined with other masonry products to raise the level of visual quality. 8. Tilt-up panels. Concrete tilt-up panels are acceptable if they contain a high degree of detail by the use of shadow lines, textural variations and/or applied projections and limited to large footprint buildings. 9. Other primary building materials may be approved by the Architectural Review Team (ART) if demonstrated to be of similar quality to the permitted primary materials. (b) Secondary materials. 1. Any primary material listed above may be considered as a secondary material. 2. Gypsum fiber reinforced concrete (GFRC). Fiber reinforced concrete products may be used for trim or architectural features. 3. Frost-proof ceramic tile. Porcelain or other frost-proof ceramic tiles may be used as accents or to create special features. 4. Architectural metal. Metal extrusions, panels and structural components may be used as accents or for special features such as canopies and sunshades. These materials must be finished to prevent rust or corrosion. Use of corrugated or long span, high-profile fluted or ribbed metal panels is prohibited. 5. Split-faced block. Split-faced block shall be used in limited quantities for components like foundations or site walls. 6. EIFS. Exterior insulated finishing systems may be used to add three dimensional features to the walls. 27 7. Other secondary building materials may be approved if demonstrated to be of similar quality to the permitted secondary materials. (13) Color. Structures shall incorporate combinations of color that will provide visual interest while being harmonious with the surrounding area. (a) Base colors. Main building colors shall be neutral, off-white or earth tone. Base colors shall constitute a predominance of the visible building exterior. (b) Accent colors. Building trim and/or detailing may utilize brighter accent colors to create visual interest, enhance wayfinding and/or to identify main public entrances. Application of accent colors may be used up to an amount not to exceed 10% of the total area of all building elevations. (14) Accessory structures. Attached or detached accessory structures shall be constructed similar in design, style, quality and appearance with identical materials as the principal structure. (Ord. 13-08, passed 4-7-08; Am. Ord. 32-11, passed 6-27-11) § 153.040 SITE DEVELOPMENT REQUIREMENTS. The following requirements for site development shall be met for the ID-1, ID-2, ID-3 and ID-4 Districts. For the Research Recreation (ID-5) District, site development requirements shall be those as identified in the latest adopted version of "Planned Industrial Park Development Text: Northwest Dublin Commercial Park/Sports Ohio." (A) Fences. Fences within the Innovation Districts will comply with §§ 153.078 to 153.083. (B) Landscape requirements. Unless otherwise specified in this section, all other applicable requirements of §§ 153.134 to 153.148 shall be met. (1) Intent. The general intent of the Innovation Districts is to provide landscaping that meets the general objectives of the Zoning Code while specifically targeting design character recommended in the EAZ Plan. Landscaping should emphasize a naturalized appearance and blend with the design of public rights-of-way, while demarking areas of more formal design where people will gather and use space. (2) Character elements. Site landscaping shall comply with the general character and design components as prescribed by the EAZ Community PlanPlan. (3) Property perimeter and parking lot buffering. To meet the intended landscape character for the Innovation Districts to provide a more naturalized appearance, required screening additional deciduous trees, shrubs and grasses shall be used to augment screening and visually soften the appearance of required evergreen screening. 28 (4) Use of mounding. The general design of sites shall avoid the use of uniform mounding to meet screening and buffering requirements. Integration of mounding as one form of screening should focus on landforms of varying width and height that will achieve a more natural and less "engineered" appearance. (5) Interior landscape requirements. All landscape islands must include a minimum width of ten feet from back to back of curb. All islands must be a minimum of 180 square feet in area. Parking lot islands shall be designed in a manner so as to be distributed as evenly as possible throughout paved parking areas without being required in the interior of service courts and loading dock areas. (6) Street trees. One, two-inch caliper street tree shall be provided for each 35- foot interval of public or private street frontage and along entry driveways exceeding 200 feet in length. To achieve the character of the EAZ, trees shall be planted in informal clusters along public arterials and collectors as defined in the EAZ Plan. Entry drives and local streets may include more uniform spacing. (7) Open space plantings. One deciduous tree must be planted for each 1,000 square feet of open space (areas not part of lot coverage). Trees must have a minimum caliper of two inches at the time of planting. Groupings or clusters of trees are preferred, planted at intervals necessary to ensure their survival. (8) Parking lot plantings. To help reduce excessive heat build-up and emissions from large areas of hard surfacing, landscape areas must be provided within parking lots designed for a capacity of 40 cars or more. Landscape islands with a surface area equal to 5% of the area of the paved surface (including all parking spaces, interior drives, loading docks, drop-off/pick-up lanes, and access drives beyond the right-of- way) shall be provided in all parking lots. The required landscape areas shall meet the following requirements: (a) All required landscaped areas shall consist of curbed islands or peninsulas that are surrounded on at least two sides by pavement. Landscaping on the perimeter of the parking lot shall not be counted toward meeting this requirement. (b) A minimum of one broad leaf/deciduous tree shall be provided for every 300 square feet of landscaped area required. (c) The landscape areas may be located in "dead corners" or in landscape islands so as to break up expanses of parking spaces and to contribute to orderly circulation of pedestrian or vehicular traffic in the parking area. (9) Screening and buffering from residential areas. When adjacent to a residential zoning district, properties located in zoning districts ID-2 and ID-3 shall provide mounding within the required front yard setback area and shall vary in height between 4 and 14 feet, with a typical height of 12 feet. Landscaping shall be planted in a natural pattern with mixed deciduous and evergreen trees and native understory shrubs along the street side of mounds for additional screening. 29 (C) Tree preservation. All sites within the Innovation Districts are expected to retain and protect natural features to the greatest extent possible as part of the development process. Sites shall also comply with the procedures for §§ 153.140 to 153.149. (D) Open space and greenways. (1) Development within the Innovation Districts shall include the dedication of land or provision of public access easements for the purposes of establishing key greenway connections in conformance with the EAZ Open Space Plan. (2) For residential development within the Innovation Districts, dedication of public open space shall be provided in accordance with Code requirements. (3) All uses within the EAZ WID are highly encouraged to provide outdoor plazas, squares or greens and public art accessible to the general public from the public right- of-way. (4) Open space areas shall be large enough and of proper dimensions so as to constitute a useable area, with adequate access, through easements or other similar arrangements. (5) The inclusion of the following amenities are permitted and encouraged within an open space where appropriate to the principal use: public art, sidewalk cafes, food kiosks, ornamental fountains, drinking fountains, waterfalls, sculpture, arbors or trellises, planted beds, clock pedestals, transit shelters, awnings (not including canvas materials), canopies and similar structures. (6) Any permanent open space developed in conjunction with a building or site must be equipped for congregation and recreational opportunities by users of the building and surrounding areas. (7) Common/open space must be accessible to and visible from the street. In no instance shall the open space be more than three feet above or below the adjoining right-of-way. (E) Utilities. All utility lines including water supply, sanitary sewer service, electricity, telephone and gas, and their connections or feeder lines shall be placed underground. Unless otherwise dictated by the needs of the building, all utility connections shall be kept to the rear or the side of the building, out of view or screened. (F) Parking requirements. (1) Parking shall comply with §§ 153.200 to 153.212, unless specifically provided for herein. In the case of conflicts, regulations for the Innovation Districts will prevail. (2) Parking for employees and service shall be located along the side or rear of the structure. Visitor parking may be located forward of the building for wayfinding and access, but should be designed and located to limit its visual appearance from the public right-of-way. 30 (3) All employee and service parking areas shall be accessed from a rear alley or side street where available. (4) Sidewalks shall be provided on-site to link parking and the public sidewalk to the entrance of the building. (5) Parking and maneuvering areas shall meet the minimum requirements of the parking space dimensions table below: (6) The following Table of Parking Requirements lists the parking to be provided for individual uses. The number of off-street parking spaces shall not exceed these requirements, except as provided as a parking adjustment (see division (G) of this section). TABLE OF PARKING REQUIREMENTS USE PARKING REQUIREMENTS Education 1 space per 3 persons by seating capacity or maximum occupancy (whichever is greater) in the largest assembly area or stadium Where assembly areas are not present, 1 space per classroom and 1 space per 300 sq. ft. of GFA of office area Technical, vocational and trade schools: 1 space per each 3 students in addition to the spaces required above 31 Residential Multiple-family: 1.5 spaces per dwelling unit Single-family: 2 spaces per dwelling unit Day Care 1 space per 10 client at licensed capacity Live-Work 1.5 spaces per dwelling unit plus 1 space per 500 sq. ft. of GFA Government and Institutional 1 space per 3 persons by seating capacity or maximum occupancy (whichever is greater) in the largest assembly area; if no assembly area is provided, 2 spaces per 1,000 sq. ft. of GFA Professional, Medical, Office 1 space per 350 sq. ft. of GFA Medical Treatment Facilities Spaces required for offices 1 space per treatment room + 1 space per in-patient bed + additional spaces for office use TABLE OF PARKING REQUIREMENTS USE PARKING REQUIREMENTS Personal Service 2 spaces per 1,000 sq. ft. of GFA Retail Sales 3 spaces per 1,000 sq. ft. of GFA Restaurant, Entertainment and Recreation 1 space per 3 persons by occupancy or 1 space per 150 sq. ft. of GFA, whichever is greater Outdoor recreation areas shall submit a parking plan for approval by the ART detailing expected parking needs Warehousing 1 space per 5,000 sq. ft. of GFA + additional spaces for office use 32 Technology and Industry 1 space per 1,000 sq. ft. of GFA plus additional spaces for office Utility 1 space per use (G) Parking adjustments. (1) Parking adjustments may be approved by the Administrative Review Team (ART) or by the Planning and Zoning Commission as part of a site plan review. (2) Shared parking reduction. Fewer parking spaces may be permitted upon approval of a shared parking analysis submitted by the owner demonstrating that the spaces planned will be sufficient. (3) Deferred parking reduction. Construction of the required number of parking spaces may be deferred if the following conditions are met: (a) Areas proposed for deferred parking shall be shown on the site plan, and shall be sufficient for construction of the required number of parking spaces in accordance with the requirements of this section for parking area design and other site development requirements of the District. (b) Alterations and construction of parking facilities within the deferred parking area may be initiated by the owner or required by the city. (c) Additional parking spaces may be approved, based on documented evidence provided by the property owner or applicant demonstrating that the parking will be required to accommodate the use on a typical day. (d) The parking requirements shall be waived for individual retail uses of 2,000 square feet or less and other uses that are determined by the ART or Planning and Zoning Commission, as applicable, as accessory to other principal uses, such as outdoor restaurant seating adjacent to the street, day care uses, and other similar uses and activities. (4) Off-street parking requirements may be met in a shared parking lot located within 300 feet of building/structure served. (5) On-street parking directly fronting the lot shall count toward fulfilling the parking requirement of that lot. Credit for parking spaces shall be given for those spaces immediately in front of the property to which they apply that have more than 50% of the length of the parking space within the lot or building frontage. (H) Bicycle parking. 33 (1) One bicycle parking space shall be required for every 15 parking spaces required, or fraction thereof. In no case where bicycle parking is required no fewer than four spaces shall be provided. (2) Every effort should be made to provide clear pedestrian connectivity from the public street to the main entrance of buildings. Clear path of travel through parking areas should be designed in a manner to effectively minimize conflict with vehicles. (3) Bicycle parking shall be located within 100 feet of the entrance to a principal structure. Parking may be located within the principal structure and should be located where conflicts with pedestrian or vehicular travel are avoided. (4) Bicycle parking racks, docks, or posts shall be designed and installed to provide two points of contact to an individual bicycle frame when used as intended. Enclosed locker-type facilities may be provided in lieu of open racks. Racks and lockers must be designed to allow a bicycle to be locked to a structure attached to the pavement, building, or other permanent structure. (5) Bicycle racks shall be installed according to the dimensional requirements set forth by the bike rack manufacturer and the latest edition of the APBP Bicycle Parking Guidelines, or similarly acceptable industry publication. (6) A minimum five foot access aisle or maneuvering zone shall be provided in each bicycle parking facility. (I) Loading areas. (1) Number. The minimum number of loading spaces shall be provided in accordance with the loading space requirements table below. Requirements may be modified upon making the determination that another measure would be more appropriate because of the number or type of deliveries experienced by a particular business or use. LOADING SPACE REQUIREMENTS 10,000 to 20,000 sq. ft. of GFA 1 space 20,001 to 50,000 sq. ft. of GFA 2 spaces 50,001 to 100,000 sq. ft. of GFA 3 spaces plus 1 space for each additional 100,000 sq. ft. GFA or part thereof >100,000 sq. ft. of GFA 5 spaces 34 (2) Location. Loading/unloading areas and docks shall be prohibited in the front yard. Loading or unloading spaces or docks are prohibited within 50 feet of any residential use unless completely enclosed or screened from view in accordance with the Zoning Code. (3) Design requirements. (a) An alley or front service drive may be used where a single loading space is required. In all cases, service vehicles must be able to maneuver on-site without interfering with travel on a public street, with off-street parking or the normal movement of vehicles and pedestrians on-site. (b) Loading spaces separate from docks shall be at least 12 feet wide, 30 feet long and 14 feet high for adequate clearance. (c) No loading docks are permitted on front elevations facing the public street. (4) All service vehicles and/or fleet parking must be maintained within appropriately screened areas and shall not be placed forward of the structure. (J) Parking structures. (1) Dimensions. Parking stall and driving aisles shall be in accordance with the dimensional requirements as required by the City Engineer. (2) Interior circulation. The interior of the structure shall be designed in accordance with the minimum requirements of the City Engineer and the following: (a) Entering traffic shall circulate in a counter-clockwise direction. Opportunities for recirculation shall be provided. (b) Maximum aisle length shall not exceed 400 feet without providing a cross aisle. (c) Cross aisles shall be a minimum of 18 feet and no greater than 24 feet in width. (d) Design of all parking structures shall include a minimum ceiling clearance height of eight and one-half feet. (3) Ingress/egress lanes. To provide for the orderly function of parking structures, the following shall be required: (a) Two smaller vehicle access openings are preferable to a single large one. (b) Storage areas for entering and exiting traffic shall be sufficiently long to minimize backups of traffic onto surrounding streets or within the garage. 35 (c) A minimum of two vehicle lengths of storage shall be provided between the street and the garage entry gate, but more may be required. (d) One inbound lane shall be required each 300 spaces or fraction thereof. One exit lane shall be provided for each 200 spaces, or fraction thereof. (e) Single entrance lanes from the street shall be 13 to 16 feet in width, tapering down to ten feet at the approach to the control equipment. Double entrance lanes shall be 24 feet wide. (4) Lighting. The following minimum requirements shall be met for the lighting of structured parking within the Innovation Districts: (a) Light trespass. There shall be no casting of glare or spillover lighting outside of the parking structure. Garage lighting shall be concentrated on aisles and ramps with spillover lighting to illuminate parking stalls. (b) Top deck lighting. Lighting on the upper level of a parking structure shall utilize full cut-off fixtures and lower pole heights to eliminate glare and visibility of pole mounted fixtures. (c) Adherence to guidelines. Except as otherwise provided to meet the intent of these standards, all parking structure lighting shall comply with § 153.133. (5) General design and appearance. The design of freestanding or integrated structures should comply with the following: (a) The design intent for parking structures is to minimize the view of the automobiles from the exterior and to have more variation in the facade than is typically found in parking structures. (b) The parking structure shall be architecturally compatible with the building it serves and utilize a variety of opening sizes, opening locations, screens, building panels, colors and/or other approaches to create a richer facade composition. (c) Sloped ramping shall be concealed from exterior view by interior screens or other methods on the exterior facade. (d) No part of the structure shall exceed the height of the principal structure it is intended to serve. Freestanding structures shall not exceed the maximum building height of the District, without height incentives. (e) Where a parking structure is within 40 feet of any existing principal structure, that portion of the parking structure shall not exceed that structure's eave or wall height. (f) Individual parking structures shall not exceed 500 total parking spaces unless demonstrated that architectural design techniques are adequately implemented to reduce the overall mass and appearance of the structure. 36 (g) Pedestrian and vehicular entries shall be clearly distinguished. (h) Parking structures are encouraged that incorporate space for retail, service or other commercial uses. (6) Character and massing. Parking structure facades over 150 feet in length shall incorporate architectural features that break the continuity of these long facades through the following: (a) Vertical facade changes: Incorporation of intervals of architectural variation at least every 80 feet over the length of the applicable facade, such as: 1. Varying the arrangement, proportioning and/or design of openings; 2. Incorporating changes in architectural colors, textures, details, materials or adding applied architectural features such as screens or panels; and/or 3. Projecting forward or recessing back portions or elements of the parking structure facade. (b) Horizontal facade changes: 1. Stepping back the upper floors from the ground floor parking structure facade; 2. Changing materials, colors or textures between the parking structure base and upper floors; and/or 3. Including a continuous cornice line or pedestrian weather protection element between the ground floor and upper floors. (c) Views to the interior. Facades of parking structures shall minimize continuous horizontal parking floor openings. Any portion of a parking structure ground floor with exposed parking areas adjacent to a public street shall minimize views into the parking structure interior through one or more of the following methods: 1. Decorative trelliswork and/or architectural screening on the parking structure facade, without compromising the open parking structure ventilation requirements of any applicable Code. 2. Special architectural or artistic features. 3. Alternative methods may be approved by the ART or Planning and Zoning Commission, as applicable. 4. Upon conversion of portions of a parking structure to a pedestrian retail/commercial use, the ART or Planning and Zoning Commission, as applicable, may approve the removal of initially installed pedestrian screening material in order to allow maximum visibility and access to the converted portions of the parking structure. 37 5. In addition to the above, views into the upper floors of parking structures shall be minimized through one or more of the following methods: A. The use of planters integrated into the upper floors of parking structure facade design. B. Decorative trelliswork and/or architectural screening on the parking structure's upper floor facades. C. Upper parking floors designed with a pattern of more window-like openings on the parking structure facade. (K) Sustainable parking lot design. (1) In order to promote environmentally sensitive design and construction of parking lots, the following requirements apply. (2) Permeable surface for paving. (a) Parking areas may be surfaced with permeable asphalt, permeable concrete or turf blocks, subject to review by the City Engineer. If approved by the City Engineer, the calculations for required stormwater management and retention measures may be adjusted for the use of this paving. (b) Driveway aprons connecting parking lots to public roadways may not be constructed with permeable materials. (c) A maintenance plan, outlining responsible parties, procedures and schedules for permeable pavement areas must be submitted and approved by the City Engineer. (d) Parking and circulation areas must meet pavement strength specifications as determined by the Fire Marshal. (3) Alternative parking space dimensions. (a) A property owner may request an adjustment to parking space dimensions for no more than 5% of required spaces, based on documentation of a formal policy or program to encourage the use of compact vehicles by employees or visitors, as approved by the ART. (b) Where alternative dimensions are approved, which would have the effect of reducing the number of required spaces meeting the standard dimensional requirements, the remaining standard spaces shall be subject to the deferred parking requirements. (4) Electric car parking requirements. (a) Parking lots with 200 spaces or more are strongly encouraged to provide at least one electric plug-in service point for every 200 parking spaces. 38 (b) Plug-in points must be associated with an individual parking space and be installed according to appropriate design standards, as approved by the ART. (c) Plug-in points are exempt from the service structure screening requirements outlined in § 153.133. (5) Wheel stops or modified curb designs may be used in place of standard curbing where alternative stormwater techniques such as bioswales or rain gardens require surface drainage. (L) Signs. Signs shall comply with §§ 153.150 through 153.162, unless specifically provided for in the following section. In the case of conflicts, regulations for the Innovation Districts will prevail. (1) Table of height, area & setbacks. The following table shall provide for the implementation of sign requirements for the Innovation Districts: (2) Table of numbers. The following summarizes the number of signs permitted within the Innovation Districts. The intent of the Districts is that each site is permitted one monument, wall or projecting sign as its primary identification. For designated uses an additional window sign can be used to identify main entrances. An additional sign may be permitted in instances where support services available to the public are integrated within the first floor of a primary structure such as a large office complex. In no case shall more than one sign identifying a particular business be oriented toward the same property line. 39 (3) Multi-tenant signs. No more than two tenant panels may be provided on one monument sign. Tenant panels must include a frame to visually separate the individual panels. (4) Wall signs. Based upon the specific architecture of buildings, wall signs may be administratively approved by the ART at a greater building height, not to exceed the primary roof line. (5) Secondary image. Secondary images for signs within the Innovation Districts may be designed up to 30% of the maximum permitted area of the sign face. (6) Colors. Within the Innovation Districts, signs shall be limited to the use of three colors. Colors for trademarked logos shall be permitted; logos shall be considered as one of the three permitted colors. (7) Sign types. To better accommodate contemporary architecture, sites permitted multiple signs may utilize a combination of sign types. (8) Interstate signs. Corporate offices with frontage along U.S. 33 are permitted an Interstate District sign as regulated by § 153.159. (M) Site lighting. The lighting requirements of § 153.149 shall be met. (N) Circulation and access. (1) Rights-of-way dedication. Private development shall include the dedication of rights-of-way for the future expansion and widening of public roads to serve properties in accordance with the city's Multimodal tThoroughfare pPlan and/or the EAZ Transportation Plan, whichever is greater. (2) Site access. All access from public rights-of-way shall be provided at locations approved by the city for the purposes of access management and safety. Cross access easements shall be provided for all shared driveways, and all sites shall comply with the city's Administrative Policy for Intersection Visibility Triangles at proposed access points. 40 (3) Construction durability. All private drives, parking areas, pedestrian paths, and sidewalks shall meet at least the minimum requirements established by the city. (4) Paths and connections. (a) Public access easements shall be provided in all cases where multi-use paths are provided through a site and not along a public street. (b) Installation of sidewalks and multi-use paths on site shall be made in compliance with the EAZ Community PlanPlan. (c) Pedestrian access shall be provided from all building entrances to public sidewalks along the street right-of-way. Continual maintenance of all access on a site shall be the responsibility of the property owner. (d) A minimum four-foot sidewalk shall be required along the edge of all parking lots on sides adjacent to buildings to adequately facilitate pedestrian access into the building. (Ord. 13-08, passed 4-7-08; Am. Ord. 32-11, passed 6-27-11) § 153.041 SUSTAINABILITY AND DEVELOPMENT INCENTIVES. The following sustainability and development incentives shall apply to the ID-1, ID-2, ID-3 and ID-4 Districts. (A) Development incentives. Development incentives are offered to induce applicants to provide various amenities or other activities that add vitality, environmental sensitivity and other activities consistent with the EAZ Plan and the Community Plan. For each criteria that are met, either the maximum building height may be increased by one story (not to exceed two) or the maximum lot coverage increased by 5%: (1) The building is designed to qualify for a Leadership in Energy and Environmental Design (LEED) Green Building Rating of gold or higher, or other equivalent accepted rating system. (2) The site and/or building uses innovative stormwater provisions, such as rain gardens, green roofs, etc., to accommodate more than 50% of calculated stormwater flow required to be controlled. (3) Use of a parking structure for at least 75% of required parking. (Ord. 13-08, passed 4-7-08; Am. Ord. 32-11, passed 6-27-11) § 153.042 DEVELOPMENT APPROVAL PROCESS. 41 (A) Process purpose and intent. The purpose of this section is to provide adequate review of applications for rezoning and/or development within the Innovation Districts. These procedures are intended to create an efficient and predictable review process for projects within the Economic Advancement ZoneWest Innovation District. The timing for reviews and approvals ensure that the EAZ WID is competitive with research and technology parks in other jurisdictions. Properties within the ID-5 District shall comply with procedures as provided for in § 153.051. (1) Compatibility. It is the intent to ensure that development projects are completed in a manner generally harmonious with surrounding properties and without the endangerment of the health, safety, and general welfare of existing, prospective, or future owners, users, surrounding and adjoining properties, and the public. (2) Coordination. These regulations and procedures are intended to ensure that development has adequate and efficient provision of facilities and/or infrastructure, land, rights-of-way, and easements, so as not to burden the fiscal resources of the city. These provisions include the construction of buildings and utilities, streets and sidewalks, landscaping, recreational open spaces, and other provisions meeting the standards of the city and the Community Plan, as required for the public good. (B) Process summary. The following table provides an overview of the review procedures and requirements used in this section that apply to the Innovation Districts. 42 (C) Pre-application meeting and procedures. (1) Pre-application review. A request for a pre-application meeting shall be made in writing to the city on a form provided by the city for that purpose. The request shall also include, at a minimum, the following information: (a) Ten copies of a site plan generally demonstrating the nature of the proposed development. (b) A list of each possible administrative departure, as provided for in § 153.042(E)(6). Proposed administrative departures shall also be clearly noted on the required site plan. (c) A fee as established by City Council. (2) Scheduling. Upon written receipt of a request for a pre-application meeting, the city shall schedule the meeting no later than 14 days from the date when the request was submitted, unless a later date is otherwise mutually agreed to by the applicant and the Director. The city shall notify the applicants in writing or by email at 43 least seven days prior to the meeting. The intent of the Innovation District review process will be to schedule the pre-application meeting as soon as practicable. (3) Review timeframe. Prior to the meeting, the city shall distribute the submitted materials to other applicable city departments for input and recommendations. Applicable departments shall be notified of the pre-application meeting and shall be encouraged to send appropriate representatives. (4) Informal feedback. During the pre-application meeting, the city shall provide the developer with a non-binding and informal review of the development proposal, and information on the procedures and policies of the city, including application review procedures that may be used. (D) Development plan applications and procedures. (1) Development plan applications. Prior to the development of any property within the Innovation Districts, a development plan application shall be submitted to the city on a form prescribed by the city. The development plan application shall include the elements indicated in § 153.042(E)(3). Development plan applications shall not be subject to filing deadlines as required for other development applications and may be submitted to the city on any date during its normal hours of operation. (2) Review authorities. As part of the development plan review, the following entities shall be involved in the application review as specified. (a) Administrative Review Team. Development plan applications within the ID-1, ID-2, ID-3 and ID-4 Districts shall be reviewed by the Administrative Review Team (ART). The ART shall consist of the following members or their designated representatives, and others appointed by the City Manager as deemed necessary, either as permanent or temporary members. The city may contract with qualified architectural consultants to assist with the determination for compliance with architectural provisions of the Innovation Districts and the EAZ Plan. 1. Director (Chair); 2. City Engineer; 3. Fire Chief; 4. Parks & Open Space Director; 5. Chief Building Official; and 6. Economic Development Manager. (b) Planning and Zoning Commission. Applicants may submit development plan applications for site plan approval by the Planning and Zoning Commission in accordance with the procedures of § 153.042(E)(7) under the following conditions: 44 1. Approvals of the ART that include conditions for which the applicant wishes reconsideration. 2. Development plan applications within the Innovation Districts that fail to meet one or more of the requirements of the applicable District and are not eligible for an administrative departure. 3. Administrative departures denied by the ART. (3) Contents of development plan applications. The development plan application shall include the maps, plans, designs, and supplementary documents itemized below. One copy of all required materials, including a site plan, shall also be submitted in appropriate digital formats, as determined by the city. The information submitted shall include the following: (a) Site plans as required by the city, unless some materials are deemed unnecessary by the Director based on the nature and scale of the proposed development. (b) Payment of a fee as established by City Council. (c) A description of any requests for administrative departures as permitted in § 153.042(E)(6) listed in writing and clearly noted on the required site plan, including a description of the nature of the administrative departure, the specific provisions from which the administrative departure is being sought, how the application meets the requirements for approval under § 153.042(E)(6)(e)3., and other necessary illustrative materials describing the request. (d) Site plans as required by the city, unless some materials are deemed unnecessary by the Director based on the nature and scale of the proposed development. (4) Public notices. Written notice regarding applications received for administrative review or site plan approval shall be sent to the applicant, owner, and parcels of land within 300 feet of the property under consideration, as listed on the County Auditor's current tax list within ten days from the receipt of a complete application. 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 and, when applicable, the time, date and location of the Planning and Zoning Commission applicable reviewing body's meeting at which the application will be considered. (5) Administrative reviews. (a) Upon receipt, the development plan application shall be distributed to the Administrative Review Team (ART) for review. 45 (b) The ART shall be responsible for reviewing all development plan applications and providing written input regarding the proposed development's compliance with the applicable requirements of the District. (c) The ART shall meet as necessary to consider the development plan application. Applicants shall be given not less than five days notice of the ART review meeting, and may be required by the Director to attend any meetings of the ART. (d) During the course of a development plan application review, the city shall schedule at least one meeting with the applicant to review the application. The applicant shall be given the opportunity to revise the application in response to the ART's comments. (e) Within 28 days from the filing of the development plan application, unless otherwise agreed by the applicant and the city in writing, the ART shall be required to take one of the following actions: 1. Approve the development plan application when all of the requirements of the Innovation Districts and the intent of the EAZ WID Plan are met, including administrative departures as may be granted in accordance with § 153.042(E)(6)(f). 2. Issue a decision to permit the applicant to subject the development plan application to site plan approval by the Planning and Zoning Commission upon a determination by the ART that: A. The application does not meet all of the requirements of the District and the standards of § 153.042(E)(8) or the intent of the EAZ WID Plan; B. The application does not meet the requirements for the granting of administrative departures; or C. The proposal has the potential for significant community impact that requires additional public review. (f) Following the approval of an administrative review the applicant may apply for a certificate of zoning plan approval and building permit, consistent with approved development plan. (g) A report shall be provided periodically to the City Council and Planning and Zoning Commission of Administrative Approvals by the ART. (6) Administrative departures. (a) Purpose. In certain instances strict enforcement of zoning and development requirements of the District may be either unreasonable or impractical. Therefore, a procedure for administrative departures from these regulations is provided to allow the flexibility necessary to adapt to changed or unusual conditions, both known and unforeseen, under circumstances that do not involve a change of the permitted use of the land or structure. 46 (b) Procedures. The ART shall be permitted to hear and grant requests for administrative departures that may modify the requirements in the Innovation Districts within the standards provided in division (6)(e), below. (c) Application. A request for administrative departures may be submitted with a development plan application or at any time after the approval of a development plan application. If requested as part of a development plan application, the request shall be processed and reviewed concurrently with the development plan application. (d) Review of these requests shall be subject to the same timing requirements that apply to development plan applications. (e) Review by the Administrative Review Team (ART): 1. Requests. Requests for administrative departures shall be submitted to the ART for review in accordance with the procedures for administrative reviews. 2. Review criteria. The ART shall grant a request for an administrative departures provided the request meets the general purpose and intent of the District and one or more of the following criteria: A. Is not so substantial in nature or degree that it represents a major divergence from the intent of requirements of the District; B. Is necessitated by a condition related to the site, rather than simply as a means to reduce costs or a matter of general convenience; C. If approved, would maintain the specific purpose of the requirements and conditions of the regulation that is the subject of the request; or D. Is limited to that necessary to account for special site conditions or development requirements specific to an individual user. 3. Examples. The following is illustrative, but not inclusive, of what may be considered as administrative departures: A. Changes to required building setbacks to account for individual site conditions. B. Substitution of plant materials specified in the landscape plan with comparable materials of an equal or greater size. C. Change of building materials to a comparable or higher quality. (f) Approvals of administrative departures. Following the approval of an administrative departure, the applicant may proceed with applications for a certificate of zoning plan approval and building permit, consistent with the approved development plan. (7) Site plan reviews of development plan applications. 47 (a) Intent and applicability. In order to balance the need to accommodate unique uses with the desire to ensure the presence of high-quality and orderly development within the District, development plan applications shall be reviewed by the Planning and Zoning Commission for a site plan approval as provided in § 153.042(D)(5)(e)2. and the conditions of this section. (b) Authority and limitations. Site plan approval of development plan applications reviewed by the ART shall apply only to those portions of the plan failing to meet the requirements of the District. The Commission shall not have the authority to change any part of the development plan application that otherwise meets the development requirements of the District and/or has received an administrative review approval. (c) Application deadline. The applicant shall make a written request to the Director for site plan approval no later than ten days following the date when the ART's decision on the development plan application is issued. The hearing before the Planning and Zoning Commission shall occur no later than 30 days following the receipt of the applicant's written request by the Director. (d) Site plan approval procedures. The Planning and Zoning Commission shall approve, approve with conditions, or disapprove the applicable elements of the development plan using the standards of § 153.042(E)(8). The decision shall be made within 56 days of submission to a meeting of the Commission, unless otherwise agreed by the applicant and the city in writing. (e) Appeals. Development plan applications disapproved by the Planning and Zoning Commission may be appealed by the applicant to City Council, which shall hear the appeal no later than 28 days following the date of the Commission's decision, unless otherwise agreed by the applicant and the city in writing. (8) Development plan standards of approval. In addition to meeting all other requirements of the District, a development plan application shall only be approved by the ART or Planning and Zoning Commission, as applicable, if the requirements of the District and the following criteria are met: (a) Site design characteristics. 1. All elements of the site design shall be harmoniously and efficiently organized in relation to topography, the size and type of lot, the character of adjoining property, and the type and size of buildings. 2. The site shall be developed so as not to impede the normal and orderly development or improvement of surrounding property for uses permitted by the District. 3. All buildings or groups of buildings shall be arranged so as to permit emergency vehicle access by some practicable means to all vehicles. 48 4. Every structure or dwelling unit shall be provided with adequate means of ingress and egress via public streets and walkways. (b) Environmental standards. 1. The landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal, alteration to the natural drainage courses, and the amount of cutting, filling and grading. Natural features and the site topography shall be incorporated into the proposed site design to the maximum extent practical. 2. Landscaping buffers and/or greenbelts may be required beyond those otherwise required in the District to ensure that proposed uses will be adequately buffered from one another and from surrounding public and private property. (c) Vehicular and pedestrian circulation. 1. The expected volume of traffic to be generated by the proposed use shall not adversely affect existing roads and the circulation thereon. 2. Driveways shall be located to minimize conflict with traffic operations on the adjoining road. The number of driveways shall be the minimum needed to provide reasonable access to the site. 3. The arrangement of public or common ways for vehicular and pedestrian circulation shall respect the pattern of existing or planned streets and pedestrian or bicycle pathways in the area. 4. Safe, convenient, uncongested and well-defined vehicular and pedestrian circulation within and to the site shall be provided. Drives, streets and other elements shall be designed to promote safe and efficient traffic operations within the site and at its access points. (d) Public services. The scale and design of the proposed development shall facilitate the adequate provision of services currently furnished by or that may be required of the city or other public agency including, but not limited to, fire and police protection, stormwater management, sanitary sewage removal and treatment, recreational activities, traffic control, and administrative services. (e) The general purposes and spirit of this chapter and the various provisions and components of the Community Plan, including the EAZ Plan. (E) Modifications to approved development plans. (1) The Director may authorize minor modifications to an approved development plan that are required to correct any undetected errors, that are consistent with the purpose of the approved application, or that are necessary to ensure orderly and efficient development. Minor modifications shall be limited to: 49 (a) Adjustments in lot lines, provided no additional lots are created and required setbacks are maintained; (b) Adjustments in the location of and layout of parking lots, provided perimeter setbacks, yards and buffers are maintained; (c) Modifications of building footprints up to 10% in total floor area of the originally approved building, building height(s) or floor plans, that do not alter the character or intensity of the use; (d) Substitution of landscaping materials specified in the landscape plan with comparable materials of an equal or greater size; (e) Redesigning and/or relocating stormwater management facilities provided that general character and stormwater capacities are maintained; (f) Adjusting and/or relocating landscape mounds, provided that the same level and quality of screening is maintained; (g) Minor modifications to the sign face, landscaping and lighting, provided the other sign requirements of the final development plan are maintained; (h) Minor changes in building material or colors that are similar to and have the same general appearance comparable to or of a higher quality as the material approved on the final development plan; (i) Changes required by outside agencies such as the county, state, or federal departments; and (j) Other minor modifications deemed by the Director that do not alter the basic design or any specific conditions imposed as part of the original approval. (2) Any modifications to be made to an approved development plan that are not deemed minor by the Director shall require the filing and approval of a development plan application in accordance with this section. (Ord. 13-08, passed 4-7-08; Am. Ord. 32-11, passed 6-27-11; Am. Ord. 19-12, passed 4-23-12) Temporary Sign Regulations City Council – March 17, 2025 Redline Version (Red = Deleted Text, Blue = New Text) 153.002 DEFINITIONS (B)(19) (v) SPECIAL EVENT. A special event or activity that is open to the general public and non- discriminatory and is educational, cultural or recreational in function. , and that is supported by the office of Public Information and Special Events. Free admission is not a requirement. A special event is educational, cultural or recreational in function. Such events shall be reviewed and approved through the city’s event permitting process. coordinated through the City Offices of Communications and Public Information and Special Events. Examples of a special event are the Muirfield Tournament and the Dublin Irish Fest. 153.158 TEMPORARY SIGNS. The following standards supplement the general requirements within § 153.156. Unless otherwise explicitly stated below, the following standards supersede the provisions within § 153.156 when regulating temporary signage. (B) Community Activities Signs. (1) General. The installation of these banners is coordinated through Communications and Public Information and Special Events. Temporary banners signs, including or standardized sandwich board signs may be installed during a community activity. On-site temporary signage before or during, a community activity, with the exception of banners and gas-inflatable devices, does not require a permit. (2) Illumination. May not be illuminated. (3) Duration. May not be displayed more than seven days immediately preceding the event and shall be removed no later than 24 hours following conclusion of the event. (M) Special Events. (1) General. Temporary sign requests associated with permitted and city events will be reviewed and approved through the city’s event permitting process. A temporary sign permit will be issued for a special event only after a special event application form has been filled out and approved. The event coordinator is required to complete a special event application form, which includes a description of the proposed signage. On-site temporary signage before or during a special event, with the exception of banners and gas-inflatable devices, does not require a permit. (2) Number. A special event organizer may erect a maximum of eight temporary off-premise signs, provided that a sign permit is obtained from the Planning Director or designee before installation. The location and number of signs permitted, up to the maximum permitted in § 153.158(L) will be determined on a case-by-case basis, based on considerations of traffic safety and size of attendance. (3) Placement. The city will provide and install standardized sandwich boards for all off-premise signs. The event organizer is responsible for supplying paper or plastic signs, which will be affixed to the boards. (4) Size. A maximum of two signs may be up to six square feet in area and three feet in height. A maximum of six signs may be up to two square feet in area and one foot in height. (5) Duration. A maximum of two signs may be installed no earlier than seven days immediately preceding the event but must be removed no later than 24 hours following conclusion of the event. A maximum of six signs may be installed no earlier than 24 hours immediately preceding the event but must be removed within 24 hours following conclusion of the event. (6) Illumination. May not be illuminated. 1 Public Nuisance Regulations City Council – April 7, 2025 Redline Version (Red = Deleted Text, Blue = New Text) § 153.076 PUBLIC NUISANCE REGULATIONS. Prevention of nuisance. Every structure Premise/Premises 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. For the purposes of this Chapter premise/premises is defined as part of the realty: A platted lot or part thereof, unplatted lot or parcel of land or plot of land either occupied or unoccupied by, any dwelling or non-dwelling structure and includes any such building, accessory structure or other structure thereon. (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 Property management. The purpose of this section shall be the enhancement of the public health, safety and welfare by eliminating conditions 2 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 in any Zoning District: (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:porch or balcony except in a completely enclosed building or accessory structure as follows. (For the purpose of this section completely enlosed is defined as being enclosed by a roof, walls, fully intact windows and/or screens. Screens are framed wire or plastic mesh designed to keep out insects and permit air flow). Exemptions: 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. 3. Firewood for the personal use of the resident, gardening, recycling and approved accessory uses located in a side or rear yard. Firewood stored outdoors on a residential property shall be stored in the following manner: cut/split and prepared for use; in neat, stable and secure stacks not exceeding 48 inches in height and 60 inches in width; not in a deteriorating state; and covered by a brown, black or grey tarp, or located under a roof structure to shield from precipitation. 4. Lawn furniture and accessories with the exception of upholstered furniture, mattresses, materials and other similar products not designed, built and manufactured for outdoor use unless on an enclosed porch or balcony. 2.5. Portable storage container designed for temporary moving and storage of furniture, household goods, etc. to be delivered by a commercial enterprise to a commercial storage facility or customer’s destination. Portable storage containers are permitted as non-permanent accessory use and may not be located on any parcel for more than (2) two non-sequential (14) fourteen day periods in a calendar year. The container shall be stored on an improved surface whenever possible and not block sidewalks or shared use paths. 3 (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. 4 (d) The city may also take any other judicial actions provided by law to address violations of this section. (C) Vacant structures. (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. (c) Damaged or broken doors, windows or other openings shall be repaired properly within 30 days of notification. 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. 5 (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. 6 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 7 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. (c) NOXIOUS WEEDS. Any type or species that have been included on the official list of noxious plants for the state. (d) WEED. Plant that is not valued where it is growing and tends to overgrow more desirable plants. (2) Removal of noxious weeds, 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, weeds or grass to grow thereon to a height in excess of six inches or fail to cut and destroy such noxious weeds, 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, 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, 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, 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, weeds and grass to be cut 8 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, weeds and grass. Upon completion of the cutting and removal of the noxious weeds, 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. or a 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 is subject to review and approval through the certificate of zoning plan approval (CZPA) process. 9 (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 AUTOMOBILEVEHICLE. 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 10 or seen from an adjacent street. (4) Personal automobilesCondition/Location. The following restrictions apply to personal automobilesall vehicles. (a) Location. No personal automobilevehicle shall be parked, stored, or allowed to remain on a lot or parcel of land that does not contain a principal structure. Personal automobilesVehicles must be parked on a hard surface and shall be prohibited within required side or rear yards and no-build/disturb zones. All personal automobilesvehicles shall be parked in a safe manner and shall not obstruct the public right-of-way. (b) Registration. All personal automobilesvehicles shall be operable and have a valid registration and license within the most recentcurrent 12-month period. For purposes of this section, operable means capable of being started and driven from the location in question. (c) Maintenance/conditionInoperable Vehicle. For the purpose of this section, a vehicle shall be deemed inoperable when any of the following conditions exist: one or more wheels or tires are missing, one or more tires are flat, one or more windows are missing or broken, the windshield is missing or broken, parts required for the operation of the vehicle are missing or a license with a distinctive number and valid for the current year is not displayed thereon. All inadequately maintained personal automobilesinoperable vehicles 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 11 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. 12 (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 5200 Emerald Parkway Dublin, Ohio 43017 Community Planning and Development Sustainable | Connected | Resilient 614.410.4600 dublinohiousa.gov RECORD OF ACTION Planning and Zoning Commission Thursday, February 20, 2025 | 6:30 p.m. The Planning and Zoning Commission took the following action at this meeting: 1.Code Amendments 25-005ADMC Administrative Request – Code Amendment Proposal: Review and recommendation of approval for Zoning Code Amendments to Section 153.076 regarding Property Nuisance regulations. Request: Review and recommendation of approval for Zoning Code Section 153.076 regarding property Nuisance regulations. Planning Contact: Zachary Hounshell, Planner II Contact Information: 614.410.4652, zhounshell@dublin.oh.us Case Information: www.dublinohiousa.gov/pzc/25-005 MOTION: Mr. Garvin moved, Mr. Deschler seconded to recommend to City Council approval of the proposed amendments to the Zoning Code with the recommendations put forth through discussion this evening. VOTE: 5-0 RESULT: The amendments to the Zoning Code were recommended for approval and forwarded to City Council. VOTE: Rebecca Call Absent Kim Way Yes Kathy Harter Yes Jamey Chinnock Absent Gary Alexander Yes Jason Deschler Yes Dan Garvin Yes STAFF CERTIFICATION Jennifer Rauch, AICP Director of Community Planning and Development 5200 Emerald Parkway Dublin, Ohio 43017 Community Planning and Development Sustainable | Connected | Resilient 614.410.4600 dublinohiousa.gov RECORD OF ACTION Planning and Zoning Commission Thursday, February 6, 2025 | 6:30 p.m. The Planning and Zoning Commission took the following action at this meeting: 3.Code Amendments 25-005ADMC Administrative Request – Code Amendments Proposal: Review and recommendation of approval for Zoning Code Amendments to Sections 153.002, 153.048, 153.066, 153.176 regarding the Concept Plan Review process, 153.037-153.042 and 153.236 regarding the West Innovation District, and 153.158 regarding temporary signs for Special Events. Request: Review and recommendation of approval to City Council for proposed amendments to the Zoning Code. Planning Contact: Zachary Hounshell, Planner II Contact Information: 614.410.4652, zhounshell@dublin.oh.us Case Information: www.dublinohiousa.gov/pzc/25-005 MOTION: Mr. Way moved, Ms. Harter seconded, to recommend to City Council approval of the proposed amendments to the Zoning Code. VOTE: 7-0 RESULT: The amendments to the Zoning Code were recommended for approval and forwarded to City Council. RECORDED VOTES: Rebecca Call Yes Kim Way Yes Kathy Harter Yes Jamey Chinnock Yes Gary Alexander Yes Jason Deschler Yes Dan Garvin Yes STAFF CERTIFICATION Zachary Hounshell Planner II Planning and Zoning Commission Meeting Minutes – February 20, 2025 Page 5 of 11 No public comment was given. Commission Discussion Mr. Garvin stated that he is supportive of the plan with conditions as proposed by staff. Mr. Alexander stated that he is comfortable with the application. Ms. Harter stated that it is a beatiful building being enhanced. Mr. Way shared his support for the project. Mr. Alexander moved, Ms. Harter seconded approval of the Amended Final Development Plan with the following conditions: 1) The applicant continues to work with Engineering at building permitting to demonstrate stormwater management compliance in accordance with Chapter 53 of the City of Dublin Code of Ordinances. 2) The applicant coordinates with the City of Dublin regarding the temporary access point including restoring the site to equal or improved conditions upon completion of the project. 3) The applicant works with the Washington Township Fire Department to provide required access for fire suppression around all sides of the building prior to the issuance of a building permit. Vote: Mr. Garvin, yes; Mr. Alexander, yes; Mr. Way, yes; Ms. Harter, yes. [Motion carried: 4-0] Mr. Deschler returned to the dais. Case #25-005ADMC Code Amendments Review and recommendation of approval for Zoning Code Amendments to Section 153.076 regarding Property Nuisance regulations. Staff Presentation Ms. Rauch stated that this is a request for recommendation to City Council on amendments to the Zoning Code, specific to the Public Nuisance section. Public Nuisance regulates the public health, safety, and welfare of the City. This is much of what the Code Enforcement team uses to ensure that properties are maintained and that we have consistent standards. The goal of these amendments is to provide clarifications in language. Planning staff has worked closely with Code Enforcement to make sure these changes incorporate their suggestions. Currently, the Code addresses structures. These amendments would broaden that application to the entire premises and for all properties. Language has been added to regulate portable storage. Clarification has been added to grass and weeds giving Code Enforcement consistent guidance about weeds. Language has been added to provide additional screening options for residential trash/recycling. Language has been added to address vehicle storage and screening. Staff is seeking a recommendation of approval of the proposed code changes. Commission Questions Planning and Zoning Commission Meeting Minutes – February 20, 2025 Page 6 of 11 Ms. Harter asked if the section on odor and fumes addresses marijuana. Ms. Rauch stated that Code Enforcement would investigate any complaint, make a determination and take enforcement action if necessary. As currently written, odors may not be offensive or cause a hazard. Ms. Harter asked how this will be communicated to homeowners’ associations (HOAs). Ms. Rauch stated that Communications and Marketing staff sends out a regular newsletter. Staff is always available to speak to HOAs about what has been updated. Mr. Deschler asked about firewood in the exemptions. He would like to see it required to be stacked or maintained in a fashion that is not just a pile of firewood. Ms. Rauch stated that staff can look at that and talk to Code Enforcement to determine the best language before this moves to City Council. Mr. Deschler asked if it should be covered. Mr. Deschler stated that regarding the landscape barrier, there cannot be any gaps. Ms. Rauch stated that the language requiring year-round 100% opacity should cover that. She will look for opportunities to add clarity. Mr. Way stated that there is nothing to prevent someone from having nicely stacked firewood deteriorate. Mr. Boggs stated the City of Beavercreek states that firewood cannot be in a deteriorating state. Mr. Way asked if material is included in definition of fence. Mr. Boggs stated that it cannot be vinyl. There are permitted materials in the fence chapter of the Code. Mr. Deschler asked how many complaints are received regarding trash receptacles. Ms. Rauch stated that Code Enforcement does receive complaints and typically people are very compliant. Mr. Deschler stated that residential waste and recycling container screening is subject to review and approval through the certificate of zoning plan approval process. Ms. Rauch stated that Planning and Building Standards staff would review it. Ms. Harter asked about snow removal on sidewalks. Mr. Boggs stated that there is no ordinance requiring residents to remove snow from sidewalks. That has been looked into and it becomes complicated from a shifting liability perspective. Public Comment No public comments on the case were provided. Commission Discussion Mr. Garvin moved, Mr. Deschler seconded to recommend to City Council approval of the proposed amendments to the Zoning Code with the recommendations put forth through discussion this evening. Vote: Mr. Deschler, yes; Mr. Way, yes; Mr. Garvin, yes; Ms. Harter, yes; Mr. Alexander, yes. [Motion carried: 5-0] Case #25-008Z West Innovation District - Rezoning Planning and Zoning Commission Meeting Minutes – February 6, 2025 Page 15 of 16 Vote: Ms. Call, yes; Mr. Garvin, yes; Mr. Alexander, yes; Mr. Way, yes; Mr. Chinnock, yes; Mr. Deschler, yes; Ms. Harter, yes. [Motion carred: 7-0] Case #25-005ADMC - Code Amendments Review and recommendation of approval for Zoning Code Amendments to Sections 153.002, 153.048, 153.066, 153.176 regarding the Concept Plan review process, 153.037-153.042 and 153.236 regarding the West Innovation District, 153.158 regarding temporary signs for Special Events, and 153.076 regarding Property Nuisance regulations. Staff Presentation Mr. Hounshell stated that this was before the Commission in November of 2024. This request focuses on Concept Plans, the West Innovation District uses, and Temporary Signage. These amendments are being proposed in order to achieve the goals of the Economic Development Strategy, which is to make Dublin’s development processes more transparent and predictable. This is derived from feedback that has been received internally from different City departments as well as from development partners bringing projects forward. Staff initiated a development review process through which six major action items were identified. Tonight’s request focuses on the “Requirements and Review Process” action item. Staff has worked to determine how the Concept Plan works within the City. This proposed amendment went to the Architectural Review Board in January for recommendation because it does impact the Historic District. Currently, everywhere in the City except for the Bridge Street District, the Historic District, and the Mixed-Use Regional District, the Concept Plan is a required step with no determination. It operates like an Informal Review but is a required step. In the three districts named above, it is currently a determination. That has created some challenges in terms of consistency of the review process. The goals of this proposed amendment are to provide consistency, allow for an applicant to gain feedback without being locked in, and potentially cut out a step with the Informal Review. Staff is proposing to keep the Concept Plan a required step, but offer non-binding feedback. In applications where a recommendation to City Council is made, the Concept Plan will no longer go to City Council because they already review a development agreement. Mr. Hounshell stated that the next amendment involves the West Innovation District (WID). Planning staff has worked with economic development partners and kicked off a new strategic implementation plan. Through those efforts, staff is trying to identify barriers. Several users in contract for properties in the ID2 District have found that the Assembly and Manufacturing Use as conditional uses is a barrier in terms of Dublin’s competitiveness with other districts throughout Central Ohio. The purpose of this amendment is to make Assembly and Manufacturing permitted uses. It does not change the character and intent of this area but allows the City to achieve the goals of the Envision Dublin Plan. The only change would be to make Assembly and Manufacturing permitted uses in the ID2 District. No other districts are changing at this point. There is also an update to a definition for wholesale and distribution that will add clarity. Mr. Hounshell explained the amendments regarding Temporary Signs. This is specific to the City’s special events and community activities. It is to align with current practices. The definition of Special Events has been updated to provide clarity. Those permits go directly through Community Engagement team and Event staff. Planning and Zoning Commission Meeting Minutes – February 6, 2025 Page 16 of 16 Staff is requesting a recommendation of approval to City Council. This application will return to PZC for an amendment to Public Nuisances. Commission Questions Mr. Alexander stated that the development agreement is removed from part of the approval process. He asked for clarification. Mr. Boggs stated that the development agreement is determined by City Council. PZC has never seen development agreements. This amendment is only changing the nature of the Concept Plan Review. Public Comment No public comments on the case were provided. Commission Discussion Mr. Deschler that staff explained the amendments thoroughly and the Commission is supportive. Mr. Way moved, Ms. Harter seconded to recommend to City Council approval of the proposed amendments to the Zoning Code. Vote: Mr. Deschler, yes; Mr. Way, yes; Mr. Garvin, yes; Ms. Harter, yes; Ms. Call, yes; Mr. Alexander, yes; Mr. Chinnock, yes. [Motion carred: 7-0] COMMUNICATIONS Mr. Hounshell stated that the City offers the opportunity to those that are interested to attend upcoming planning conferences. The American Planning Association (APA) annual conference will be in Denver, Colorado this year in late March and the Urban Land Institute (ULI) will hold their annual conference also in Denver in late April. APA does offer a virtual option. Please let staff know if any Commissioners are interested in attending. Staff will follow up with dates for local opportunities as well. ADJOURNMENT The meeting was adjourned at 9:54 pm. Chair, Planning and Zoning Commission Deputy Clerk of Council To: Members of the Dublin Planning and Zoning Commission From: Jennifer M. Rauch, AICP, Director of Community Planning & Development Zach Hounshell, Planner II Date: February 20, 2025 Re: 25-005ADMC - Zoning Code Amendments – Public Nuisance Summary Planning Staff requests a review and recommendation to City Council of proposed Zoning Code amendments regarding the Public Nuisance regulations. The proposed changes address community needs and clarify language as identified by Code Enforcement. These will be combined with the amendments reviewed and recommended for approval at the February 6, 2025, PZC meeting. Background In 2023, the City of Dublin adopted its Economic Development Strategic Plan, which updated the City’s development strategy. The second strategy identified in the plan is to “Make Dublin’s Development Processes More Transparent and Predictable, Thereby Reducing Uncertainty.” The previous Economic Development Strategy from 2019 detailed that attracting and retaining value- added business enterprises is highly competitive, and the ability to grow and scale such companies within a region is extremely difficult. For a city to be a competitive location, it must ensure that its government policies, procedures, regulations, and codes encourage, rather than discourage, investment. In gathering input for the 2019 Economic Development Strategy, business leaders indicated that there is a perception that Dublin can be a difficult and expensive place to do business. In follow-up questions, business leaders expressed concern over the lack of transparency in decision-making, as well as the predictability and timeliness of decisions, all of which increase costs to conduct business in Dublin. In 2024, Staff engaged several City Council members, Board and Commission members, and members of the development community to identify opportunities to improve the development review process. Through these engagements, Staff determined several Code areas ripe for greater simplification, predictability, and consistency with the Community Plan. The list of Code updates included are as follows: • Bridge Street, Historic and Mixed-Use Regional Districts – Concept Plan review process • West Innovation District – minor text updates and modifications to ID-2 Uses • Sign Regulations - Special Event Temporary Sign Requirements • Public Nuisance Regulations – Clarifying language for code enforcement These Code updates are initial changes that have been identified to improve the development process and code enforcement immediately. Community Planning & Development 5200 Emerald Parkway • Dublin, OH 43017-1090 Phone: 614-410-4600 • Fax: 614-410-4495 Memo 25-005ADMC - Zoning Code Amendments February 20, 2025 Page 2 of 2 Proposed Amendments Public Nuisance Regulations The purpose of public nuisance regulations is to protect public health, safety, and welfare by preventing and addressing conditions that negatively impact the community. These regulations help maintain property values, promote a high quality of life, and ensure that properties are used in a manner consistent with zoning laws. These include: • Preventing hazardous, unsanitary, or unsafe conditions on properties. • Reducing noise, odors, or other disturbances that interfere with the peaceful enjoyment of neighboring properties. • Regulating abandoned or neglected properties that could attract pests, crime, or blight. • Controlling signage, debris, or obstructions that could harm the public or disrupt the aesthetics of the city. Code enforcement uses public nuisance regulations to ensure properties comply with zoning laws and do not negatively impact the community. Clarity in the language is crucial for effective code enforcement and ensures enforcement officers can apply the rules fairly and consistently, property owners can understand their responsibilities, and legal actions can be defended if necessary. The draft amendments to these regulations have been identified to address evolving community needs, clarify ambiguous language, close enforcement gaps, and ensure that code enforcement officers have the proper tools to effectively uphold the standards. The amendments include broadening the application of the regulations to include the entire premises, as well as for all properties, not only residential; clarifying language regarding the permitted premises conditions; providing alternative screening methods for residential trash and recycling; and addressing vehicle storage and screening. Recommendation Staff requests the Planning and Zoning Commission review and recommend approval of the proposed amendments to City Council. 1 Planning and Zoning Commission – February 20, 2025 Redline Version (Red = Deleted Text, Blue = New Text) § 153.076 PUBLIC NUISANCE REGULATIONS. Prevention of nuisance. Every structure Premise/Premises 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. For the purposes of this Chapter premise/premises is defined as part of the realty a platted lot or part thereof, unplatted lot or parcel of land or plot of land either occupied or unoccupied by, any dwelling or non-dwelling structure and includes any such building, accessory structure or other structure thereon. (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 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 2 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 in any Zoning District: (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:porch or balcony except in a completely enclosed building or accessory structure as follows. (For the purpose of this section completely enlosed is defined as being enclosed by a roof, walls, fully intact windows and/or screens. Screens are framed wire or plastic mesh designed to keep out insects and permit air flow). Exemptions: 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. 3. Firewood for the personal use of the resident, gardening, recycling and approved accessory uses located in a side or rear yard. 4. Lawn furniture and accessories with the exception of upholstered furniture, mattresses, materials and other similar products not designed, built and manufactured for outdoor use unless on an enclosed porch or balcony. 2.5. Portable storage container designed for temporary moving and storage of furniture, household goods, etc. to be delivered by a commercial enterprise to a commercial storage facility or customer’s destination. Portable storage containers are permitted as non-permanent accessory use and may not be located on any parcel for more than (2) two non-sequential (14) fourteen day periods in a calendar year. The container shall be stored on an improved surface whenever possible and not block sidewalks or shared use paths. (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. 3 (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. (C) Vacant structures. 4 (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. (c) Damaged or broken doors, windows or other openings shall be repaired properly within 30 days of notification. 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. 5 (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. 6 (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 7 spikelet's of bracts. (b) NOXIOUS. Physically harmful or destructive to living beings. (c) NOXIOUS WEEDS. Any type or species that have been included on the official list of noxious plants for the state. (d) WEED. Plant that is not valued where it is growing and tends to overgrow more desirable plants. (2) Removal of noxious weeds, 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, 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, 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, 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, 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, weeds and grass. Upon completion of the cutting and removal of the noxious weeds, weeds and grass, the Code Enforcement 8 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. or a 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 is subject to review and approval through the certificate of zoning plan approval (CZPA) process. (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 9 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 AUTOMOBILEVEHICLE. 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 automobilesCondition/Location. The following restrictions apply to personal automobilesall vehicles. 10 (a) Location. No personal automobilevehicle shall be parked, stored, or allowed to remain on a lot or parcel of land that does not contain a principal structure. Personal automobilesVehicles must be parked on a hard surface and shall be prohibited within required side or rear yards and no-build/disturb zones. All personal automobilesvehicles shall be parked in a safe manner and shall not obstruct the public right-of-way. (b) Registration. All personal automobilesvehicles shall be operable and have a valid registration and license within the most recentcurrent 12-month period. For purposes of this section, operable means capable of being started and driven from the location in question. (c) Maintenance/conditionInoperable Vehicle. For the purpose of this section, a vehicle shall be deemed inoperable when any of the following conditions exist: one or more wheels or tires are missing, one or more tires are flat, one or more windows are missing or broken, the windshield is missing or broken, parts required for the operation of the vehicle are missing or a license with a distinctive number and valid for the current year is not displayed thereon. All inadequately maintained personal automobilesinoperable vehicles 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. 11 (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. 12 (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 § 153.076 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. (C) Vacant structures. (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. (c) Damaged or broken doors, windows or other openings shall be repaired properly within 30 days of notification. 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. (c) NOXIOUS WEEDS. Any type or species that have been included on the official list of noxious plants for the state. (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 To: Members of the Dublin Planning and Zoning Commission From: Jennifer M. Rauch, AICP, Director of Community Planning & Development Zach Hounshell, Planner II Date: February 6, 2025 Re: 25-005ADMC - Zoning Code Amendments Summary Planning Staff requests a review and recommendation to City Council of proposed Zoning Code amendments regarding the review process for Concept Plans, minor updates and use allowances within the West Innovation District (WID), and modifications to the Temporary Sign regulations for special events. The proposed changes are in response to the City’s Economic Development Strategic Plan initiatives to make the development process more transparent and predictable, which was introduced as part of the Joint Work Session in October 2024. The Planning and Zoning Commission received an introduction to the proposed amendments in November 2024. Background In 2023, the City of Dublin adopted its Economic Development Strategic Plan, which updated the City’s development strategy. The second strategy identified in the plan is to “Make Dublin’s Development Processes More Transparent and Predictable, Thereby Reducing Uncertainty.” The previous Economic Development Strategy from 2019 detailed that attracting and retaining value- added business enterprises is highly competitive, and the ability to grow and scale such companies within a region is extremely difficult. For a city to be a competitive location, it must ensure that its government policies, procedures, regulations, and codes encourage, rather than discourage, investment. In gathering input for the 2019 Economic Development Strategy, business leaders indicated that there is a perception that Dublin can be a difficult and expensive place to do business. In follow-up questions, business leaders expressed concern over the lack of transparency in decision-making, as well as the predictability and timeliness of decisions, all of which increase costs to conduct business in Dublin. In 2024, Staff engaged several City Council members, Board and Commission members, and members of the development community to identify opportunities to improve the development review process. Through these engagements, Staff determined several Code areas ripe for greater simplification, predictability, and consistency with the Community Plan. The list of Code updates included are as follows: • Bridge Street, Historic and Mixed-Use Regional Districts – Concept Plan review process • West Innovation District – minor text updates and modifications to ID-2 Uses • Sign Regulations - Special Event Temporary Sign Requirements • Public Nuisance Regulations – Clarifying language for code enforcement Community Planning & Development 5200 Emerald Parkway • Dublin, OH 43017-1090 Phone: 614-410-4600 • Fax: 614-410-4495 Memo 25-005ADMC - Zoning Code Amendments February 6, 2025 Page 2 of 3 These Code updates are initial changes that have been identified to improve the development process and code enforcement immediately. Code amendments for Public Nuisance Regulations will be provided at a future Planning and Zoning Commission meeting date. Proposed Amendments Concept Plan Review Process The current Code requires the Concept Plan as the first step in the review process for large-scale development projects within the Bridge Street, Historic and Mixed-use Regional Districts. Under the current review process, the required reviewing body is required to make a determination as part of this step unless a Development Agreement (DA) is included. When a DA is contemplated, the required reviewing body recommends the application to City Council for their determination. The proposed amendment retains the Concept Plan as a required step in the review process for large-scale development projects. However, it would move from a determination step to a non- binding feedback step by the required reviewing body for projects with and without a DA. The goal of this amendment is to provide consistency amongst the City’s review processes, allow an applicant the opportunity to gain feedback and streamline the number of approval steps. The Informal process will remain an optional step for both Minor Projects and larger projects. Staff will continue to encourage this step for the earliest feedback, especially on more complex projects. Development Agreements (DA) require approval from City Council via a separate action requested by the applicant. With the proposed modification, the Concept Plan would be discussion-only and not require a recommendation by the required reviewing body or approval by City Council when a DA is included. The timing of a DA will be the applicant’s purview and will no longer be linked to a specific step in the review process. As is the current practice, project proposals are included in the ordinance documentation for a DA when approved by City Council. This would continue to be the case with future DAs, thus not requiring a separate City Council determination on a development application. The proposed amendment to the Historic District regulations was presented to the ARB for review and recommendation on January 29, 2025 and received a recommendation of approval to the Planning and Zoning Commission. West Innovation District – ID-2 Uses The West Innovation District includes five zoning districts, which outline each district's intent based on the desired development character and uses. Each district’s purpose is highlighted below: 1) Research Office (ID-1) – Intended to provide for the integration of large format research and office uses in multistory buildings. 2) Research Flex (ID-2) – Intended to provide for the integration of small to medium-sized research and office uses in flexible building construction with smaller footprints and lower building heights than the ID-1 District. 25-005ADMC - Zoning Code Amendments February 6, 2025 Page 3 of 3 3) Research Assembly (ID-3) – Intended to provide for a greater emphasis on large format buildings and sites focused on clean manufacturing and assembly at a higher intensity or scale. 4) Research Mixed Use (ID-4) – Intended to provide opportunities for a limited mix of uses in close proximity to employment, recreational amenities and existing neighborhoods. 5) Research Recreation (ID-5) – Intended to support the continued use and development of sports, recreation and amusement uses located within the Innovation Districts as an integral public amenity for residents and businesses within the area. The WID Special Area Plan recognizes the need to remain regionally competitive and drive future growth. Planning Staff and Economic Development Staff have worked together to identify opportunities to improve development processes and remove unintended barriers of the development process. The primary barrier identified by Economic Development Staff was Assembly and Manufacturing being a Conditional Use in the ID-2 district, as this use is an integral part of many small-scale flex innovation businesses that are targeted for this region. Additionally, Assembly and Manufacturing being a Conditional Use conflicts with the recommendations of the Future Land Use Plan, as the Flex Innovation designation recommends clean manufacturing as a principal use and not a supporting use. To provide better alignment with the recently adopted Envision Dublin Community Plan recommendations and the Economic Development Strategy, staff recommends a proposed amendment within the Research Flex (ID-2) District to modify the Assembly and Manufacturing use category from a Conditional Use to a Permitted Use. Additional revisions have been made to remove references to the Economic Advancement Zone (EAZ), which was a previous accompanying document to the Code, which has been replaced with the update to the Envision Dublin Community Plan and the WID Integrated Implementation Plan, currently underway. Temporary Sign Regulations The temporary sign regulations were updated in April 2021 to address content neutrality following a US Supreme Court ruling. Following the adoption of these amendments, staff recognized the need for additional minor modifications to the temporary sign allowances for Community Activities and Special Events to align with current practices. The proposed amendments align the temporary sign requests with the city’s event permitting process. For special events, the event organizer is required to complete a community event permit application and include a detailed description of the proposed signage, which is reviewed by the city’s event staff. The proposed amendment clarifies this process and allows the city’s event staff to approve appropriate temporary signage for the various levels of events. The proposed amendment also clarifies temporary sign allowances for community activities, such as public meeting notices and city events. Recommendation Staff requests the Planning and Zoning Commission review and recommend approval of the proposed amendments to City Council. 1 REVIEW AND APPROVAL PROCEDURE AMENDMENT - CONCEPT PLAN Planning and Zoning Commission – February 6, 2025 Redline Version (Red = Deleted Text, Blue = New Text) 153.002 Definitions (B) General definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning, as determined by the Director. (3) General definitions - C (p) CONCEPT PLAN. A plan that generally indicates the overall design of a proposed PUD or BSD project with sufficient information to enable the applicant and the city to discuss the concept for the proposed development and analyze determine if the proposal is generally consistent with the Community Plan and other applicable plans of the city. Mixed Use Regional District 153.048 Review and Approval Procedures and Criteria (B) Process summary. (1) The following table summarizes the review and approval processes for the various application types that are applicable to development within a MUR Zoning District. Specifics for each of these processes can be found in the respective section identified in the column titled “Zoning Code Reference”. Table 8: Process Summary Table R=Recommendation D=Decision A=Administrative Appeal RF=Review & Feedback 2 Review/ Approval Body: Planning Director Administrative Review Team Board of Zoning Appeals Planning and Zoning Commission City Council Zoning Code Reference Table 8: Process Summary Table R=Recommendation D=Decision A=Administrative Appeal RF=Review & Feedback Review/ Approval Body: Planning Director Administrativ e Review Team Board of Zoning Appeals Planning and Zoning Commission City Counci l 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) Zoning Code Approvals Use Variance R R D § 153.231(H)(3) Non-Use (Area) Variance R D § 153.231(H)(2) MUR District Applications 3 Pre- Application Staff Meeting RF § 153.048(C) Informal Plan R RF § 153.048(D) Concept Plan R D RF § 153.048(E) Concept Plan with a Development Agreement R R D § 153.048(E)(1)( e) Final Development Plan R A D § 153.048(F) Minor Project R D A § 153.048(G) Waivers R D § 153.048(H) Administrative Departure D A § 153.048(I) Master Sign Plan R D § 153.048(J) Administrative Approvals D § 153.048(K) Certificate of Zoning Plan Approval D § 153.048/ § 153.048(M)(3) 4 (2) Process flow chart. The following flow chart identifies the primary process applicable to development applications within the MUR Zoning Districts. This is an illustrative representation of the process and does not reflect all possible scenarios and situations. (D) Informal Plan. Prior to submittal of an application for a Concept Plan, an 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 Concept Plan a subsequent application. 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 is to provide a general outline of the scope, character, and nature of the proposed development to determine if it is consistent with the policy direction and recommendations set forth in the Community Plan, the Dublin Corporate Area Plan, the MUR Design Guidelines, the requirements of the MUR Zoning Districts, and applicable Zoning Code requirements. (b) The Concept Plan review provides an opportunity for public input at an early stage of the development process. (c) The Concept Plan review is intended to provide clear direction to the applicant by the required reviewing body resulting from its review and approval feedback of the application. (d) If the The Concept Plan review is approved by the reviewing body, it shall serve as a basis for preparation by the applicant of the FDP for the proposed development. (e) 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 Concept Plan. In those cases, the Director and the Planning and Zoning Commission shall each review the Concept Plan and provide a recommendation to Council to approve, approve with conditions, or disapprove the Concept Plan. 5 (2) Review procedures. (a) The Concept Plan is a mandatory step in the development review and approval process. (b) An application for a Concept Plan shall be made in accordance with the provisions of division (M)(1) of this section. (c) The Planning and Zoning Commission shall be the required reviewing body for the Concept Plan in the MUR Zoning Districts, unless a development agreement is proposed in conjunction with a proposed project, then City Council shall be required reviewing body for the Concept Plan. (d) The Concept Plan shall be forwarded to the PZC for approval, approval with conditions, or denial of the application review and feedback under the criteria of division (E)(4) of this section. (e) The Director shall provide an analysis of the CP application under the considerations of division (E)(4) of this section. (e)(f) The PZC shall review the Concept Plan application, the minutes of the PZC meeting if an informal review was requested by the applicant, the Director’s recommendation analysis, and render its decision provide feedback based on the criteria considerations 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 Concept Plan 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 Concept Plan application and the recommendations of PZC and the Director, and render its decision based on the criteria of division (D)(3) of this section of approval, approval with conditions, or denial. (3) Submittal requirements. It is the intent of these regulations that the Concept Plan 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 (M)(1) of this section and determined by the Director. (4) Review considerations criteria. The required reviewing body shall make its decision review and provide feedback on an application for a Concept Plan based on each of the following criteria considerations 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. 6 (a) The Concept Plan is consistent with the applicable policy guidance of the Community Plan, the Dublin Corporate Area Plan, the MUR Design Guidelines, the requirements of the MUR Zoning Districts, other applicable Zoning Code requirements, and other applicable city plans, and citywide administrative and financial policies; (b) The Concept Plan conforms to the applicable requirements of the Code; (c) The illustrative lots, supporting street and pedestrian network, and internal circulation provide a coherent development pattern 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 § 153.046, 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 requirements of § 153.047, Site Development Standards and the MUR Design Guidelines; (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; and (g) The Concept Plan 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. (F) Final Development Plan (4) Review criteria. The PZC shall make its decision on an application for an FDP based on each of the following criteria: (a) The FDP shall be substantially similar to the approved Concept Plan, and consistent with the record established by the required reviewing body, the associated staff report, and the Director’s recommendation; (M) Duration of Approvals (a) Because the review of a Concept Plan application is non-binding on the city and does not result in a decision by the PZC, the comments made during the Concept Plan application review do not expire. However, if the applicant makes any 7 material change in the Concept Plan application following the review, the applicant should not assume that the previous Concept Plan review comments remain applicable to the revised application. An approved Concept Plan shall be valid for a period of no more than one year. If an application has not been filed for an FDP for at least a portion of the site within that two-year period, then the Concept Plan shall no longer be valid. A new Concept Plan application shall be required in accordance with the requirements of this chapter. Bridge Street District 153.066 Review and Approval Procedures and Criteria (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 TABLE 153.066-A: SUMMARY PROCEDURE TABLE 8 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 RF § 153.066(E) Concept Plan with a Development Agreement R R D § 153.066(E) 9 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) (D) Informal. Prior to submittal of an application for a Concept Plan, an 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 Concept 10 Plan a subsequent application . 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. (c) The CP review provides an opportunity for public input at an early stage of the development process. (d) The CP review is intended to provide clear direction to the applicant by the required reviewing body resulting from its review and approval feedback of the application. (e) If the The Concept Plan review is approved by the 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 Concept Plan applications disapproved by PZC before the effective date of this revised section and after June 1, 2023, and for which a notice of appeal was timely filed, an applicant would be permitted to submit a Preliminary Development Plan application for review within one year of the effective date of this amendment. (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 11 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 provide an analysis of the CP application under the criteria considerations 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 analysis, and render its decision provide feedback based on the criteria considerations 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 considerations 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 considerations criteria. The required reviewing body shall make its decision review and provide feedback on an application for a Concept Plan based on each of the following criteria considerations 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. 12 (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. (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; (O) General Provisions (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 13 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) Because the review of a Concept Plan application is non-binding on the city and does not result in a decision by the PZC, the comments made during the Concept Plan application review do not expire. However, if the applicant makes any material change in the Concept Plan application following the review, the applicant should not assume that the previous Concept Plan review comments remain applicable to the revised application. 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. Historic District 153.176 Review and Approval Procedures and Criteria TABLE 153.176A: SUMMARY PROCEDURE TABLE R=Recommendation D=Decision A=Administrative Appeal RF=Review & Feedback Type of Application PD ARB BZA PZC Counc il Zoning Code Reference TABLE 153.176A: SUMMARY PROCEDURE TABLE R=Recommendation D=Decision A=Administrative Appeal RF=Review & Feedback Type of Application PD ARB BZA PZC Counc il Zoning Code Reference Zoning Code Approvals Zoning Map or Text Amendment R R R D § 153.234 14 Conditional Use R 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) Historic District Applications Pre-Application RF § 153.176(D) Informal Review RF RF § 153.176(E) Concept Plan R D RF § 153.176(F) Concept Plan with a Development Agreement R R D § 153.176(D) Preliminary Development Plan R D § 153.176(G) Final Development Plan R D A § 153.176(H) Minor Project R D A § 153.176(I) Demolition R D A § 153.176(J) Waivers R D § 153.176(K) 15 Master Sign Plan R D § 153.173(L)/ § 153.176(L) Administrative Approval D A § 153.176(M) Certificate of Zoning Plan Approval D § 153.233/ § 153.176(O)(3 ) (E) Informal review. Prior to submittal of an application for a Minor Project (MP) or Concept Plan (CP), a An applicant may submit an Informal application for review of a development concept with the ARB. 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 ARB and the applicant, however, it is intended to provide feedback by the ARB that should inform the preparation and subsequent review of a subsequent application the CP. The Planning Director shall prepare a brief analysis and comments that will be submitted to the ARB with the application. (F) 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, the Historic Design Guidelines, the requirements of the Historic Zoning Districts and those applicable to designated outlying resources, 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, Historic Design Guidelines, and applicable Zoning Code requirements; 16 2. That the proposed development and layout are generally compatible with the existing development pattern and scale of development within Historic Dublin; or surrounding development for the designated outlying resources; 3. That the proposed development concept generally preserves and maintains the historic nature of a given site; and 4. That the proposed development concept has the potential to create a walkable, pedestrian scale place. (c) The CP review provides an opportunity for public input at an early stage of the development process. (d) The CP review is intended to provide clear direction to the applicant by the required reviewing body resulting from its review and approval feedback of the application. (e) If the The Concept Plan review is approved by the 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 Architectural Review Board 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. (b) An application for a CP shall be made in accordance with the provisions of divisions (P)(1) of this chapter. (c) The ARB shall be the required reviewing body for the CP in Historic Dublin and any designated outlying property, 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 ARB for approval, approval with conditions, or denial provide an analysis of the CP application under the criteria considerations of division (F)(4) of this section. (e) The ARB shall review the CP application, the minutes of the ARB meeting if an informal review was requested by the applicant, the Director’s recommendation analysis, and render its decision provide feedback based on the criteria considerations of division (F)(4). In the instance the ARB is the required reviewing body, the Board will render a decision for approval, approval with conditions, or denial and written record of the Board’s decision shall be provided. 17 (f) In the instance of a CP associated with a proposed development agreement, the Board 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 ARB and the Director, and render its decision based on the criteria of division (F)(4) 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 considerations in division (F)(4). The applicant shall submit an application and supplemental materials as outlined in division (P)(1) and determined by the Director. (4) Review considerations criteria. The required reviewing body shall make its decision review and provide feedback on an application for a CP based on each of the following criteria considerations and may consider the recommendation of the Director and, if City Council is the required reviewing body, the recommendation of the ARB. For applications associated with a development agreement, the ARB 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, applicable Zoning Code requirements, and other applicable city plans, and citywide administrative and financial policies; (b) The CP is consistent with the Historic Design Guidelines; (c) The CP conforms to the applicable requirements of the Code; (d) The CP is consistent with surrounding historic context, character, and scale of the immediately surrounding area and the district as a whole; (e) The applicant or applicant’s representative has demonstrated that it has technical expertise and experience with appropriate construction methods consistent with sound historic preservation practices; (f) The illustrative lots, supporting street and pedestrian network, and internal circulation provide a coherent development pattern and the conceptual locations of access points to surrounding streets will avoid adverse impacts on surrounding neighborhoods and traffic infrastructure; (g) The proposed land uses allow for appropriate integration into the community, consistent with adopted plans, and align with the requirements of § 153.172 Uses; 18 (h) The conceptual improvements are appropriately sited and scaled to create a cohesive development character that complements the surrounding environment, and conforms to the architectural requirements of § 153.174 Design Standards and the Historic Design Guidelines; (i) The conceptual design of open spaces, including location and relationship to surrounding resources, provides for meaningful public gathering spaces that benefit the community both within and outside the proposed development; and (j) 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. (G) Preliminary development plan. (4) Review criteria. The ARB 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; (P) General provisions. (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 ARB, 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) Because the review of a Concept Plan application is non-binding on the city and does not result in a decision by the ARB, the comments made during the Concept Plan application review do not expire. However, if the applicant makes any material change in the Concept Plan application following the review, the applicant should not assume that the previous Concept Plan review comments remain applicable to the revised application. 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. 19 1 WEST INNOVATION DISTRICT – CODE AMENDMENTS Planning and Zoning Commission – February 6, 2025 Redline Version (Red = Deleted Text, Blue = New Text) 153.002 DEFINITIONS (23) Uses definitions - W (a) WAREHOUSING, WHOLESALING AND DISTRIBUTION. Facilities and accessory uses for the mass storage and movement of goods as well as transportation, logistics, maintenance and fleet parking. (b) WHOLESALING AND DISTRIBUTION. Facilities and accessory uses for the mass storage and movement of goods as well as transportation, logistics, maintenance and fleet parking. (bc) WIRELESS COMMUNICATION. Wireless communications facilities and related terms are defined in § 99.04 of this Code of Ordinances. § 153.037 DISTRICT PURPOSE AND INTENT. (A) Purpose. The West Innovation District's (WID) requirements and standards are intended to provide four five distinct zoning districts to implement the city's vision and goals in creating the Economic Advancement Zone as a critical component of the Central Ohio Innovation Corridor (COIC). an innovation and research district. The EAZ district is envisioned as an important technology and research business center that will encourage the development and operation of suburban technology and office park campuses and promote individual sites for development attracting high-tech and related uses to the city. These requirements and standards are meant to foster the orderly growth and development of these uses as well as promote the development of commercial, service, recreational and residential uses in appropriately designated areas that serve the primary users in the districts. The goal is to create zoning districts that set development requirements to ensure that buildings and uses in the districts will adhere to high-quality, uniform design standards while addressing the unique needs of specialized industries and uses. At the same time, these requirements give a competitive advantage to the EAZ district by providing a streamlined process for reviewing development proposals. (B) Standard districts. All Innovation Districts are standard zoning districts under § 153.016(A) and shall constitute separate and distinct zoning classifications. Formatted: Font: Bold Formatted: Centered Formatted: Font: (Default) Tahoma, Bold Formatted: Font: Bold Formatted: Body Text, Centered Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Body Text 2 (C) Conflicts. If these requirements conflict in any manner with the City of Dublin Codified Ordinances, the provisions of the districts shall prevail. All matters not covered by the districts and their requirements shall be regulated by the requirements and standards contained in the City of Dublin Zoning Code. (D) Severability. If any provision or provisions of this subchapter or the application thereof to any zoning lot, building or other structure or tract of land are declared by a court of competent jurisdiction to be invalid or ineffective in whole or in part or to be inapplicable to any person or situation, the effect of such decision shall be limited to the provision or provisions which are expressly stated in the decision to be invalid or ineffective to the zoning lot, building or other structure or tract of land immediately involved. All other provisions of this subchapter shall continue to be separate and fully effective, and the application of any such provision to other persons or situations shall not be affected. (E) Establishment of districts. There are hereby created five Innovation District zoning classifications within the EAZ: Research Office (ID-1); Research Flex (ID-2); Research Assembly (ID-4); Research Mixed Use (ID-4); and Research Recreation (ID-5) District. (F) Zoning amendments. A request to zone or rezone land to any Innovation District designation shall be made in accordance with § 153.234, Zoning Text and Map Amendments. (G) Applicability. Any development proposed to occur on land designated as ID-1, ID-2, ID-3, ID-4, and ID-5 shall be required to meet the requirements of the Innovation Districts as specified herein. In the case of the ID-5 District, development shall comply with the latest adopted version of "Planned Industrial Park Development Text: Northwest Dublin Commercial Park/Sports Ohio." (1) Continuance of existing structures. Where a lawful structure exists at the effective date of this amendment that does not comply with the requirements of this Code because of restrictions such as front property line occupation, lot coverage, required build zone, buildable area, height or other requirements related to the structure, that structure may be continued as an existing structure as long as it meets the requirements of § 153.039(C)(11). Notwithstanding the provisions of § 153.004, the following shall apply to buildings and structures within the Innovation Districts. (2) Expansion of existing structures. Existing structures may be extended, enlarged, altered, remodeled or modernized only after approval by the Administrative Review Team (ART) upon finding that all of the following conditions are met: (a) That the existing structure meets all height, area and/or parking and loading provisions that were applicable immediately prior to the rezoning of the property on which it is located into an Innovation District. 3 (b) That the enlargement or extension is limited to the same parcel on which the existing structure was located on at the time of the adoption of this amendment. (c) That the improvement does not interfere with the use of other properties in the vicinity. (d) That the enlargement or extension does not exceed 50% of the GFA of the existing structure at the time of the adoption of this amendment. (3) Compliance with parking requirements. Any existing structure which does not have the minimum number of parking spaces or loading areas as required by this Code, and which thereafter provides additional parking and/or loading spaces in conjunction with an improvement as permitted in § 153.039(C)(11)(b), shall be required to meet the minimum number of parking spaces as required by the district in which it is located. (4) Reconstruction or movement. Should an existing structure be destroyed to an extent of more than 60% of its replacement value, exclusive of the foundation, that existing structure shall be reconstructed only in conformance with the provisions of this Code. Existing structures destroyed to an extent equal to or less than 60% of its replacement value, exclusive of the foundation, may be reconstructed in the location that existed prior to the adoption of this amendment. Should the property/building owner or lessee demolish more than 50% of the gross square footage of an existing structure, all improvements on the property must be constructed in accordance and/or brought into conformance with the requirements of this Code. All permitted reconstruction shall be started within 12 months of destruction and be continued until completion. (5) Existing uses. The long range implementation of the Economic Advancement Zone PlanWest Innovation District requires sensitive treatment of existing uses that represent significant investment in the city. It is the intent of this section to permit existing uses to continue and to be considered conforming to this Code, even if the use is not otherwise permitted in the District or building type, provided that the following requirements are met: (a) Continuation of use. All uses that were permitted or conditional uses under the zoning of a property immediately prior to its rezoning into an Innovation District shall continue to be allowed as permitted or conditional uses on the property in addition to those permitted and conditional uses under the applicable Innovation District, provided that at least one of the permitted or conditional uses under the prior zoning has been operated in an existing structure on the property within 12 months prior to the rezoning of the property into the Innovation District. (b) Expansion of existing uses. In addition to the provisions of division (5)(a) above, any existing use may be extended throughout any building or parts of a building which were manifestly arranged or designed for that use at the time of adoption or amendment of this Code, but the use shall not be extended to occupy any land outside the building except as permitted by the ART in § 153.039(C)(11). 4 (c) Abandonment of existing uses. If an existing use is abandoned for any reason for a period of more than 12 months, any subsequent use shall conform to the requirements of this Code. With regard to a multi-tenant building, the term EXISTING USE shall mean all of the existing uses in that building. (d) Determination of abandonment. An existing use shall be determined by the Director to be abandoned if one or more of the following conditions exist: 1. Utilities such as water, gas and electricity to the property have been disconnected; 2. The property, buildings and/or grounds have fallen into disrepair; 3. Signs or other indications as to the presence of the use have been removed; 4. Equipment or fixtures necessary for the operation of the use have been removed; or 5. Other actions, which in the opinion of the Director constitute an intention on the part of the property owner or lessee to abandon the use. (H) District intent. As part of the Economic Advancement Zone, the following shall be the general intent of the Innovation Districts: (1) Research Office (ID-1) District. The purpose of the Research Office District is to provide for the integration of large format research and office uses in multistory buildings. Uses within the ID-1 District may include a mix of office, research, laboratory, clean manufacturing, assembly, and other uses incidental to office, technology and research uses. Higher-intensity sites in this district include those with higher freeway and major arterial visibility. Architecture should include taller buildings and be provided at a higher level of quality, and parking structures should be considered where feasible to maximize development potential for the district. This district may include manufacturing of a lower intensity nature conducted in a manner and with a character that does not create significant negative effects. Clean manufacturing and assembly should be incidental to a larger office/research facility and/or should be constructed at a higher level of architectural quality expected in this highly visible district. (2) Research support buffer. The research support buffer identifies those portions of the Economic Advancement Zone where conditions are most favorable for the future incorporation of commercial support services for businesses, employees and area residents. Based upon analysis of area traffic levels, expected growth and existing and planned road networks, a buffer area 1,300 feet from the west right-of-way line for Avery Road was determined to be the most visible areas with interchange adjacency and access to major arterials that are located at the entry point to the EAZ. The buffer is intended to provide opportunity for appropriately sited support uses that can be supported by employment and through traffic to enhance Dublin's marketability of the EAZ. The adopted EAZ Plan further identifies similar buffer areas north of SR 161 that 5 will address future needs in that portion of the EAZ. With conditional review of commercial support uses, the buffer reduces the potential for future land use conflict and will allow for greater public review of support uses. (32) Research Flex (ID-2) District. The purpose of the Research Flex District is to provide for the integration of small to medium-size research and office uses in flexible building construction with smaller footprints and lower building heights than the ID-1 District. This District focuses on, but is not limited to, the provision of flexible space that can accommodate a broad range of changing business and research needs as businesses grow and change. Construction in this district is focused on smaller sites for single users or larger tract development with multiple buildings housing a variety of companies. Greater attention to architectural detail and quality should be expected similar to the ID-1 District. (43) Research Assembly (ID-3) District. The ID-3 District is intended to provide for a greater emphasis on large format buildings and sites. Located at the western extents of the EAZdistrict, development focus in this area is intended for clean manufacturing and assembly at a higher intensity or scale. Uses are not expected to create significant impacts, and architecture is expected to accommodate uses with greater focus on manufacturing and assembly. Development within the ID-3 District may include uses and design quality appropriate to the ID-1 or ID-2 Districts but require less stringent architectural requirements. (54) Research Mixed Use (ID-4) District. The ID-4 District provides opportunities for a limited mix of uses in close proximity to employment, recreational amenities and existing neighborhoods. This district is intended for smaller scale research uses, housing and office options either horizontally or vertically integrated as a coordinated mix of uses. Residential options should provide housing choices for employees within the Innovation Districts within easy walking or biking distance. Integration of offices and small support uses can provide a transition to adjacent land uses. (65) Research Recreation (ID-5) District. The ID-5 District is intended to support the continued use and development of sports, recreation and amusement uses located within the Innovation Districts as an integral public amenity for residents and businesses within the area. This district is intended to accommodate existing sites and is not to be expanded further within the Economic Advancement Zone. (Ord. 13-08, passed 4-7-08; Am. Ord. 32-11, passed 6-27-11) § 153.038 DISTRICT USES. (A) Rezoning to the Innovation Districts, as described below, shall be accomplished in accordance with the procedures of § 153.234. The four districts shall be designated on the Official Zoning Map for the City of Dublin as: (1) Research Office (ID-1) with a Research Support Buffer; 6 (2) Research Flex (ID-2); (3) Research Assembly (ID-3); (4) Research Mixed Use (ID-4); and (5) Research Recreation (ID-5). (B) Uses in the Innovation Districts are shown on the following table. Descriptions and characteristics of use categories can be found in § 153.002(A), uses definitions. Additional development requirements for particular uses are contained in division (C) of this section as referenced below within the "Use Specific Standards" column. (1) Permitted uses. Uses denoted as "P" in Table 153.038(B)(4), Table of Uses, indicate that the use is allowed by right, subject to compliance with the use specific requirements referenced in the Table of Uses and all other applicable provisions of the Zoning Code. (2) Conditional uses. Uses denoted as "C" in Table 153.038(B)(4), Table of Uses, indicate that the land use is allowed only upon approval of a conditional use permit as required by § 153.236, compliance with use specific requirements referenced in the Table of Uses and all other applicable provisions of the Zoning Code. (3) Size or time limited uses. Uses denoted with an "S" or "T" in Table 153.038(B)(4), Table of Uses, indicate special limits regarding size or time duration of the use and are subject to compliance with the use specific requirements referenced in the Table of Uses and all other applicable provisions of the Zoning Code. (4) Table of uses. The following table identifies permitted and conditional uses within the ID-1, ID-2, ID-3 and ID-4 Districts. In all cases, blank spaces or uses not included indicate that the uses are not permitted. For the Research Recreation (ID-5) District, uses shall be those as outlined in the latest adopted version of "Planned Industrial Park Development Text: Northwest Dublin Commercial Park/Sports Ohio." P=Permitted C=Conditional S=Size Limited T=Time Limited Principal Uses Research Office Research Flex Research Assembly Research Mixed Use Use Specific Standards Commercial Uses ID-1 ID-2 ID-3 ID-4 Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma 7 Animal Care – General Services C 153.038(C)(1) Animal Care – Veterinary Offices C 153.038(C)(1) Animal Care – Veterinary Urgent Care and Hospitals C 153.038(C)(1) Conference Center P P 153.038(C)(2) Data Center C P P Eating and Drinking C 153.038(C)(3) Entertainment and Recreation – Indoor C P 153.038(C)(4) Entertainment and Recreation – Outdoor 153.038(C)(4) Exercise and Fitness C P P 153.038(C)(4) Fueling/Service Station C 153.038(C)(5) Hotel P Office – General P P P P Office – Call Centers P P P Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma 8 Office - Flex P P P P 153.038(C)(6) Office – Medical P P P P Parking Structures P 153.038(C)(7) Personal, Repair and Rental Services C 153.038(C)(8) Retail C 153.038(C)(8) Transportation – Park and Ride P P P 153.038(C)(9) Civic, Public & Institutional Uses ID-1 ID-2 ID-3 ID-4 Day Care C P P 153.038(C)(10) Educational Facility P P P 153.038(C)(11) High School P P P 153.038(C)(11) Government Services – General P P P Government Services – Safety P P Government Services – Service P P Hospital P P P Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma 9 Library, Museum or Gallery C 153.038(C)(12) Religious or Public Assembly P 153.038(C)(13) Parks and Open Space P P P P Transportation – Transit Station P P P Industrial Uses ID-1 ID-2 ID-3 ID-4 Construction and Contract Service P P Manufacturing and Assembly CP P 153.038(C)(14) Mini-Storage 153.038(C)(15) Research and Development P P P P Utilities- District Energy Plant P P P 153.038(C)(16) Utilities- Electric Substation P 153.038(C)(18) Utilities- Essential Services P P P P Utilities- Wireless Communications See Dublin Code Chapter 99 153.038(C)(19) Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma 10 Warehousing, Wholesaling, and Distribution C P 153.038(C)(20) Residential Uses ID-1 ID-2 ID-3 ID-4 Dwelling- Single- Family 153.038(C)(21) Dwelling- Townhome P 153.038(C)(22) Dwelling- Live- Work C P 153.038(C)(22) Dwelling- Multiple Family P 153.038(C)(22) = Research Support Buffer ONLY P=Permitted C=Conditional S=Size Limited T=Time Limited Accessory uses are permitted only in connection with a permitted or approved conditional use on the same property and must be clearly subordinate and incidental to that use. No accessory use may be operated when a permitted or conditional use does not exist on the property. Permitted principal uses are permitted as accessory uses Accessory/Tempo rary Uses Research Office Researc h Flex Researc h Assembl y Resea rch Mixed Use Use Specific Standards Commercial Uses ID-1 ID-2 ID-3 ID-4 Bicycle Facilities P P P P 153.038(C)(23) Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma 11 Child Day Care P P P P 153.038(C)(10) Community Activity P,T P,T P,T P,T 153.038(C)(24) Construction Trailer/Office P,T P,T P,T P,T 153.038(C)(25) Corporate Residences P P P Drive-In/Drive-Thru C 153.038(C)(26) Dwelling Rental or Sales Office P 153.038(C)(27) Eating and Drinking P P P P 153.038(C)(3) Entertainment and Recreation- Indoor P P P 153.038(C)(4) Exercise and Fitness P P P P 153.038(C)(4) Helipad/Heliport P C 153.038(C)(28) Home Occupation P 153.038(C)(29) Outdoor Display/Seasonal Sales C,T 153.038(C)(30) Parking Structures P P 153.038(C)(7) Personal, Repair and Rental Services P,S P,S P,S 153.038(C)(8) Retail P,S P,S P,S 153.038(C)(8) Transportation - Park and Ride P P 153.038(C)(9) Formatted ... 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Formatted ... 12 Transportation - Transit Stop P P P P Utilities - Essential Services P P P P Utilities - Renewable Energy P P P P 153.038(C)(31) Utilities - Renewable Wind Equipment C C C C 153.038(C)(31) Utilities - Wireless Communications See Dublin Code Chapter 99 Vehicle Charging Stations P P P P Warehousing, Wholesaling and Distribution P,S P,S P,S Research Support Buffer ONLY (C) Use specific standards. The following requirements shall apply in addition to all other applicable development regulations for specific types of uses in the ID-1, ID-2, ID-3 and ID-4 Districts. For the Research Recreation (ID-5) District, use regulations shall be those as outlined in the latest adopted version of "Planned Industrial Park Development Text: Northwest Dublin Commercial Park/Sports Ohio." (1) Animal care-general services; animal care-veterinary offices; animal care- veterinary urgent care and hospitals. Principal uses are limited to the research support buffer within the ID-1 District as a stand-alone use or as part of a larger retail center. Conditional use approval must be obtained as required by § 153.236. All activities shall be conducted indoors. No outdoor animal exercise or activity areas shall be permitted. Boarding of animals shall only be permitted for the ongoing care of animals in treatment and must be provided within the principal structure. (2) Conference centers. Facilities may be either freestanding or included within permitted hotels. Uses include accessory components such as banquet facilities and restaurants. Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma 13 (3) Eating and drinking. Principal uses are limited to the research support buffer within the ID-1 District as a stand-alone use or as part of a larger retail center. Conditional use approval must be obtained as required by § 153.236. As an integrated use on the ground floor of another principal use, facilities shall not exceed a cumulative total of 15% of the gross floor area of the ground floor. The following requirements shall apply for outdoor seating: (a) Speakers for amplified sound must not operate at a level greater than that to provide background music; (b) Advertising on furniture is prohibited; (c) A secure, enclosed area must be provided for the storage of furniture when not in use that will not interfere with pedestrian movement. (4) Entertainment and recreation-indoor; entertainment and recreation-outdoor; exercise and fitness. Principal uses are permitted in the ID-2 District. Within the ID-1 District uses are limited to the research support buffer as a stand-alone use or as part of a larger retail center, subject to conditional use approval as required by § 153.236. No use shall exceed 20,000 square feet of gross floor area. Accessory uses shall not exceed 10% of the gross floor area of the principal use. (5) Fueling/service station. Principal uses are limited to the research support buffer within the ID-1 District as a stand-alone use or as part of a larger retail center. Conditional use approval must be obtained as required by § 153.236. The following requirements shall also apply: (a) Facilities shall be located no less than 200 feet from any intersection, as measured from the corner property pin. (b) Each fueling station/pump shall be designed to accommodate a minimum of three vehicles (one at pump and two waiting). (c) Under canopy lighting should be recessed to avoid glare and light trespass. (d) All canopies shall be clad in materials to match the primary structure, and multiple canopies are preferred over one continuous roof form. (e) Convenience store components shall be located along the public right-of- way and provide entry and orientation to the public street. (f) Accessory items for fueling stations such as waste receptacles should be located between stations. Vending machines and outdoor sales and displays must obtain separate approval as required by this section. (g) All inoperable vehicles must be parked in a defined service area providing screening in accordance with § 153.133. 14 (h) Each fueling/service station shall be adequately buffered from adjacent properties as required by § 153.133. (6) Office-flex. Flex office must include a minimum of 30% office use. Remaining space may be used for any combination of research and laboratory space, clean manufacturing and assembly, wholesaling and/or related showroom, warehousing and or distribution purposes. Any showroom component shall not exceed 10% of the gross floor area of the principal structure and shall not count toward office calculations. (7) Parking structures. All parking structures shall meet the requirements of § 153.040(J). (8) Personal, repair and rental services; retail. Principal uses are limited to the research support buffer within the ID-1 District as a stand-alone use or as part of a larger retail center. Conditional use approval must be obtained as required by § 153.236. As ground-floor accessories to a larger permitted use, integrated establishments shall not exceed 10,000 square feet or 20% of the ground floor of the structure, whichever is smaller. (9) Transportation- park-and-rides. Park and ride facilities shall provide only one shelter per bus route. (10) Day care. Principal uses are permitted within the ID-2 District and are limited to the research support buffer within the ID-1 District as a stand-alone use or as part of a larger retail center subject to conditional use approval as required by § 153.236. As accessories to a larger permitted use, integrated establishments shall not exceed 15,000 square feet of gross floor area and shall comply with the requirements of R.C. § 5104.011. (11) Educational facility; high schools. Uses shall have no rooms for the regular housing or sleeping of students. Educational programs and/or uses should also have a defined mission to engage in technology or entrepreneurial programs. (12) Library, museum or gallery. Principal uses are limited to the research support buffer within the ID-1 District as a stand-alone use or as part of a larger retail center. Conditional use approval must be obtained as required by § 153.236. Incidental sales relating to the facility are permitted. (13) Religious or public assembly. Only uses on sites existing as of the effective date of this amendment are permitted. Once removed, no further religious or public assembly uses shall be permitted. (14) Manufacturing and assembly. Any auxiliary showroom areas associated with the primary use shall not exceed 10% of the gross floor area of the principal structure. 15 (15) Mini-storage. Only uses existing as of the effective date of this amendment are permitted. Once removed, no further mini-storage facilities shall be permitted. (16) Utilities- district energy plant. The incidental sales of electrical energy to public utilities are permitted. (17) (Reserved) (18) Utilities- electric substation. Electric substations shall be located at least 700 feet from all residential districts or residential subarea of a planned development district. (19) Utilities- wireless communications. For regulations governing wireless communication uses, Chapter 99 of the Dublin Codified Ordinances shall apply. (20) Warehousing, Wholesaling, & Distribution. Any auxiliary showroom areas associated with the primary use shall not exceed 10% of the gross floor area of the principal structure. (21) Dwelling- single-family. Only residential uses existing as of the effective date of this amendment are permitted. Once removed, no further single-family dwelling shall be permitted. (22) Dwelling, live-work; dwelling, townhome and dwelling, multi-family. Live- work units may include up to two non-resident employees, and the non-residential use must be owned or operated by a resident of the live-work dwelling unit. In all cases, gross density for live-work, townhome or multi-family development shall not exceed ten units per acre. (23) Bicycle facilities. Facilities shall be provided in accordance with § 153.040(H). (24) Community activity. Community activities shall be conducted in accordance with this code. (25) Construction trailer/office. All construction trailers and offices must obtain required permits and comply with setbacks applicable to the principal structures for sites upon which the construction will occur. Trailers/offices may be located on site no more than 30 days prior to the commencement of construction activity and must be removed no later than 60 days following occupancy. (26) Drive-In/drive-thru. Facilities are not permitted within the ID-2, ID-3 or ID-4 Districts, principal uses are limited to the research support buffer within the ID-1 District as a stand-alone use or as part of a larger retail center. Conditional use approval must be obtained as required by § 153.236, and must comply with the following requirements: (a) Reductions may be requested by the applicant and approved pursuant to § 153.041(E)(6) if a lower need can be adequately demonstrated. 16 (b) Stacking may not impede on-site or off-site traffic movement or circulation. (c) All menu boards, speakers or service windows must be located on the side or rear of the principal structure. (27) Dwelling rental or sales office. Rental or sales offices within the ID-4 District must comply with setbacks applicable to principal structures on the property and must be conducted in compliance with all applicable Code requirements for model homes and sales. (28) Helipad/heliport. Proposed facilities must comply with the provisions of § 153.094. (29) Home occupation. Within the ID-4 District, all home occupations shall comply with applicable provisions of § 153.073 and the following: (a) Uses must be conducted completely within the residence or an accessory building and shall not exceed 25% of the gross floor area of the dwelling. (b) No retail sales from the premises are permitted and the exterior of structures shall not be modified to accommodate the use. (c) No display or signs for the home occupation shall be visible from the street. (d) No employees are permitted other than those persons residing within the dwelling. (e) No equipment shall be used that creates noise, vibration, sound, smoke, dust, odors, heat, glare, x-ray or electrical disturbance that is discernable to adjacent dwellings or at the property line. (f) Uses requiring licenses from the state or city shall maintain licenses at all times and shall operate in compliance at all times. (g) Home occupations shall not include or involve motor vehicle or equipment repair, sate of weapons or hazardous materials or other activities that would constitute a nuisance within a residential area. (30) Outdoor display/seasonal sales. Outdoor displays and/or seasonal sales must be associated with the primary use of the property and comply with the provisions of § 153.099. (31) Utilities- renewable energy equipment; utilities- renewable wind equipment. Incorporation of renewable energy for individual uses or groups of uses within the EAZ district is highly encouraged subject to the following: (a) Ground-mounted equipment for the collection of geothermal energy is permitted only to the side or rear of the principal structure, and equipment must be adequately screened. 17 (b) Ground-mounted equipment for the collection of wind energy must be located to the rear of the principal structure. Both building-mounted and ground- mounted equipment are subject to conditional use approval as required by § 153.236. (c) For regulations pertaining to renewable energy equipment - solar, refer to § 153.074, Accessory Uses and Structures. (D) Similar uses or uses not addressed. (1) In those situations where a use is not specifically addressed but could reasonably be interpreted as similar in character to a use listed in the District, the Director may determine that the use is similar to the uses in the District, either as a permitted or a conditional use. (2) The Director shall base the decision on a finding that the proposed use satisfies all of the following: (a) Is consistent with the intent of this section and with the development intent for each District, as described in § 153.037(G) and this Code. (b) Will not impair the present or potential use of other properties within the same District in the vicinity. (c) The operation, scale and characteristics of the proposed use are no greater than those listed in the District, in terms of aesthetics, traffic generated, noise, potential nuisances, and other impacts related to community health, safety and welfare. (d) Will not adversely affect the Economic Advancement Zone elements of the Community Plan. (3) Once a finding of similar use is made, it shall comply with all applicable Code provisions, review and approval requirements and district regulations that apply to that use. (4) The Director's determination shall be in writing and sent to the applicant. The applicant may either appeal the decision to the Board of Zoning Appeals in accordance with the provisions of this Code, or submit an application for an amendment to the Code. (Ord. 13-08, passed 4-7-08; Am. Ord. 32-11, passed 6-27-11; Am. Ord. 19-12, passed 4-23-12; Am. Ord. 70-22, passed 6-12-23) § 153.039 INNOVATION DISTRICT REQUIREMENTS. (A) Lot requirements. In addition to the provisions of §§ 153.070 through 153.076, the following requirements for arrangement and development of land and buildings shall be met in the ID-1, ID-2, ID-3 and ID-4 Districts. For the Research Recreation (ID- 5) District, lot requirements shall be those as identified in the latest adopted version of 18 "Planned Industrial Park Development Text: Northwest Dublin Commercial Park/Sports Ohio." (1) Intensity of use. Lot size shall be sufficient to provide the yard spaces required by this section and the following provisions: (a) Minimum lot size. The size of lots within the Innovation Districts shall meet the following: Zoning District Minimum Lot Size ID-1 3 acres ID-2 2 acres ID-3 3 acres ID-4 No minimum (b) Maximum lot coverage. Lot coverage for structures and impervious surfaces shall not exceed the following. ZONING DISTRICT MAXIMUM LOT COVERAGE ID-1 70% ID-2 75% ID-3 70% ID-4 75% (c) Building height. The height of principal and accessory structures shall be limited based upon setback requirements of this District and as limited by the Height Regulating Plan in the Community Plan's Economic Advancement Zone Plan. All structures greater than 68 feet in height shall require conditional use approval in accordance with § 153.236. (2) Setback requirements. Placement of structures and improvements shall provide sufficient separation to the adjacent site or use according to the following provisions. Setbacks shall be provided as necessary to accommodate any additional site requirements such as landscaping, mounding and buffering. (a) Lot width. Lots shall be a minimum of 60 feet in width at the public right-of- way. Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma 19 (b) Front yards. The required front yard setback for principal and accessory structures shall be determined based on the roadway type as identified by the EAZ Transportation Plan Multimodal Thoroughfare Plan. (1) STREET TYPE REQUIRED FRONT SETBACK Arterials 50 feet Collectors 35 feet Local 30 feet For properties that are immediately adjacent to single-family residential districts, the required front yard setback for both building and pavement shall be 150 feet. (2) (c) Side and rear yards. The following setbacks for components of principal and accessory structures shall be determined based upon the height of each individual component. Building Height Side/Rear Building Setbacks ID-1 ID-2 ID-3 ID-4 17 feet 30 feet 15 feet 30 feet 15 feet >17 – 34 feet 35 feet 20 feet 35 feet 20 feet >34 – 51 feet 50 feet 35 feet 50 feet 35 feet >51 feet 75 feet 50 feet 75 feet 50 feet Required side and rear setbacks for principal and accessory structures for non- residential uses shall in no case be less than 75 feet from a limited access right-of-way and 30 feet from any residential zoning district or a residential subarea of a planned development district as listed in § 153.016, unless developed as part of the ID-4 District. Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma 20 (d) Side pavement setbacks. Required side yard setbacks for pavement, which includes open storage, service and loading areas, shall be at least 15 feet, except for common access drives or shared service courts. Required side pavement setbacks shall be at least 30 feet from any residential zoning district or a residential subarea of a planned development district as listed in § 153.016. (e) Rear pavement setbacks. Required rear yard setbacks for pavement, which includes open storage, service and loading areas, shall be at least 25 feet, except for common access drives or shared service courts. Required rear pavement setbacks shall be at least 75 feet from limited access right-of-way and 50 feet from any residential zoning district or a residential subarea of a planned development district as listed in § 153.016. (B) Additional outdoor requirements. The following requirements for outdoor storage, operations and service areas shall be met in the ID-1, ID-2, ID-3 and ID-4 Districts. For the Research Recreation (ID-5) District, requirements shall be those as identified in the latest adopted version of "Planned Industrial Park Development Text: Northwest Dublin Commercial Park/Sports Ohio." (1) Outdoor operations. Uses shall operate entirely within an enclosed structure, unless it is determined by the Director that proposed outdoor operations are harmonious to the surrounding area and are adequately screened. (2) Outdoor storage. Exterior storage shall be screened in accordance with § 153.133(C)(1). Storage must be located to the side or rear of all buildings and shall not be visible from adjacent properties or from the public right-of-way. Areas devoted to the storage of materials, supplies, equipment or products outside of a permitted structure shall not exceed the following: (a) An area equal to 25% of the GFA of the primary building when the GFA is less than 225,000 square feet; (b) An area equal to 5% of the GFA of the primary building when the GFA is more than 225,000 square feet; or (c) An area equal to 50% of the GFA of the primary building within the ID-3 District. (3) Off-site impacts. Uses must be conducted in a manner harmonious with the surrounding area and comply with minimum requirements as set forth by the provisions of § 153.076 and § 132.03 of the Dublin Codified Ordinances. (4) Service areas. Overhead doors shall be located to the side or rear of structures to minimize visibility from public streets. Open service areas and loading docks shall be screened by walls a minimum of six feet in height, but not greater than 12 feet. Walls, fences or landscape screening shall have 100% opacity to effectively conceal service and loading operations from an adjoining public right-of-way and from any residential 21 zoning district or a residential subarea of a planned development district as listed in § 153.016. Compliance with the provisions of § 153.133(C) shall also be required. (5) All storage areas and structures for outdoor mechanical equipment must be screened so as not to be visible from the street and from pedestrian circulation areas, or recessed within the footprint of the building. (C) Architectural requirements. The following requirements for architectural design shall be met in the ID-1, ID-2, ID-3 and ID-4 Districts. For the Research Recreation (ID- 5) District, architectural requirements shall be those as identified in the latest adopted version of "Planned Industrial Park Development Text: Northwest Dublin Commercial Park/Sports Ohio." (1) Design purpose. The Innovation Districts utilize architecture as a key component for establishing a specific character for the area. Structures within the Innovation Districts are expected to have a forward-looking, contemporary architectural expression that is typically associated with technology and research uses. Buildings within the Innovation Districts shall reflect the high standard of development that is found throughout the community while seeking to accommodate the unique nature of uses within the Districts. All development in the Innovation Districts shall be required to meet the objective architectural requirements of this section unless a modification is approved, as provided herein. These requirements are intended to encourage creative architectural design while setting a level of expectation for development. (2) Architectural intent. All structures within the Innovation Districts are expected to be thoughtfully designed with materials, detailing, scale, and proportion that is intentional and carefully thought through and with specific attention toward aesthetics and overall style and character. Buildings may utilize any combination of exterior materials from the list of permitted materials, however, in all cases, these materials shall be applied in a manner that provides well-detailed and aesthetically pleasing facade surfaces. Characteristics of a well-detailed facade include, but are not limited to, deliberate joint patterns, finished edge detailing, and durable, rust and fade resistant finishes. Concealed fasteners are highly encouraged. (a) ID-1. The Research Office District is intended to focus on larger buildings with multiple stories. As a district with high visibility focused on office-type construction, greater attention to architectural style and variety will be expected than other portions of the Economic Advancement Zone. Elements of the ID-1 District that are within the research support buffer may have a greater focus on retail and mixed use construction, but should utilize the same attention to quality and detail as other technology-related structures. (b) ID-2. The Research Flex District is expected to have a greater focus on smaller footprint buildings that effectively blend office and industrial design together in a manner that pays attention to quality and detail. The high quality level of the Research Office District is desired; however, review of projects in the ID-2 District will 22 recognize that the increased emphasis on industrial-type components will warrant greater architectural flexibility to meet the needs of the market segment. (c) ID-3. As the most remote district of the EAZWID, the Research Assembly District is planned for more intensive industrial activity. With larger footprint manufacturing expected as a focus, a high level of quality is expected. The level of architectural detail and variation expected in this district will be lessened to meet the needs of clean manufacturing operations and smaller flex construction with different price points. (d) ID-4. Located adjacent to park amenities and existing residential uses, architecture should provide for high quality combination of office, residential and mixed architecture that effectively conveys the contemporary nature of the EAZ WID and provides for a more pedestrian-focused environment. (3) Applicability. Architectural requirements as specified by this section shall apply to new construction. Design of additions to structures existing as of the date of this amendment may coordinate with architecture of the existing structure, but to the extent possible shall meet the requirements of this section. (4) Critical design components. Architecture within the Innovation Districts should incorporate design technique and the application of building methodology that will result in architecture that is unique and diverse, while fitting into a general category of style. In particular, development will be evaluated according to the following criteria: (a) The visual and functional components of the building shall be complementary to the contemporary design style selected for the Innovation Districts and any adjacent users. (b) The design expression is to be a modern application that is appropriate to high end technology or research uses. The design is consistent with the look and feel of a high-end technology or research uses where applicable. Consideration shall be given to the unique nature of the use or the interior arrangement of uses and activities within the structure. (c) All buildings are to use durable, long-lasting materials constructed with solid craftsmanship that will provide longevity. (5) Elements of contemporary style. Building design within the EAZ WID should clearly address in any appropriate combination, the following list of critical elements that embody the contemporary style. (a) Innovative use and presentation of building materials; (b) Utilize opaque, translucent and transparent materials to create facade compositions; 23 (c) Make use of textures, protrusions, recesses, overhangs and other features that make use of shadow; (d) Design beyond the basic box by integrating added shapes, recesses, curvilinear forms, angles, non-conventional shapes, cantilevers, independent planes and by using special architectural features; (e) Avoid materials that are strongly associated with traditional residential architecture such as ashlar stone patterns, stressed or tumbled brick, brick that has been flashed to give it an older, non-uniform appearance and lap wood siding; and (f) Emphasize natural light and sustainable building techniques. (6) Applying the pattern book. Architectural requirements of the Innovation Districts and applicable review procedures highlight the most important site and building development issues. The provisions of the Districts recognize that design details not included in these requirements are best left to the inventive discretion of architects, land planners, and owners. Nevertheless, acceptance and implementation of the broader design themes of the EAZ WID are vital to the success of the city. Architectural provisions of the EAZ WID Plan should be used to provide additional clarification and guidance. The architectural pattern book portion of the plan illustrates acceptable levels of architectural expression and can be used to find cost-effective design methods by which to balance visual quality and project cost. (7) Building variation. (a) Elevations. All sides of a principal structure shall display a compatible level of quality and architectural interest, particularly those highly visible to the public. Each street facing elevation for principal structures on corner and through lots shall be required to vary the design of the facade. The structure's architectural features and treatments shall be distributed through all of the facades. (b) Architectural variation. All building facades shall include architectural design elements that will provide greater visual interest and a consistent level of quality. Single-material, monolithic wall planes with lack of detail shall be avoided. This is particularly applicable to large footprint buildings with long, uninterrupted walls. Elements may include, but are not limited to the following: 1. Recessing and projecting of wall planes. Variations in depth shall be a minimum of 12 inches. 2. Architectural features that compose an aesthetically pleasing composition that reinforces the building character; A. Overhangs, columns, arcades and recessed entries; B. Architectural sunscreens, plant grids and green wall systems, trellises, arbors or pergolas; and 24 C. Reveals, projecting ribs and offsets or insets 18 inches or greater in depth. 3. Variations in roof area and wall heights along the top of building walls and eave lines to create visual interest. (8) Architectural detail. All building facades facing public streets or residential districts shall incorporate architectural details, textures and/or design techniques that provide greater visual interest. (9) Fenestration. Building walls facing public streets or residential districts shall incorporate adequate changes in architectural fenestration to effectively avoid blank and undifferentiated elevations while balancing the needs of internal space needs and operations. To achieve this objective, the following shall be observed: (a) Windowless exterior walls are prohibited. (b) Windows and doors shall be in harmony with and proportionate to the building facade. (c) For industrial warehouse and production areas, clerestory windows and/or other comparable architectural elements shall be encouraged as a means to enhance interior lighting and to avoid blank facades. (10) Entrances. Main entrances to the public shall be designed to be clearly identifiable and provide visual orientation for visitors according to the following: (a) Buildings shall have at least one primary facade with a public entrance facing a street, main parking lot, or connection to a parking structure serving the building. (b) Any public entrance shall be clearly identified as a special architectural feature for the building and be designed with a high level of care and detail and have an appropriate scale to the rest of the building. Insets, canopies, porticos, arches, change in roofline or form, overhangs or other architectural design elements shall be used. (11) Roofs. Building roofs and rooflines shall meet the following minimum criteria: (a) Buildings are encouraged to be designed to include varied eave lines, parapet heights and/or ridgelines to provide visual interest when appropriate. (b) Rooftop mechanical equipment and other functional components shall be screened from view from the ground by parapets not lower than the height of the roof equipment, screens with materials and details compatible with the building's facades, pitched roof areas, or special architectural features. Parapets on flat roofs shall not be included in the calculation for building height. 25 (c) Energy conserving roof components are encouraged but their application shall fit comfortably within the building's design if visible, or be completely concealed from the ground views. (d) Low pitched, long span metal panel roofs commonly found on pre- engineered metal buildings are discouraged unless they are concealed by a parapet or other architectural component. (e) Visible roof materials shall be standing seam or batten seam metal or other products that are compatible with a high technology architectural expression. (f) Downspouts and scuppers shall be carefully integrated into the facade design. (12) Materials. At least 80% of exterior walls shall be constructed of one or more of the primary materials listed below: (a) Primary materials. 1. Brick. Brick shall be uniform in color within any one specific color range but using more than one color range to create patterns is acceptable. Bricks that have been flashed to change color in the individual unit, distressed bricks and wood mold bricks are not acceptable. 2. Glass. Transparent, tinted, reflective, coated, opaque, translucent, and textured glass, as well as glass block, is permitted. 3. Stone. Stone such as limestone, granite and marble are acceptable. Synthetic stone of a high quality that is indistinguishable from natural stone is also acceptable. 4. Pre-cast concrete. Pre-cast concrete panels developed with shadow lines, reveals, textural changes, color variations and/or exposed aggregate are acceptable. 5. Architectural metal. Smooth face, textured face and corrugated type insulated or un-insulated metal panels are acceptable. Careful attention to how the panels are adjoined, detailed at corners and attached is required. Long span, high profile fluted or ribbed metal panels, are prohibited from use in the ID-1, ID-2 and ID-4 Districts. Use of fluted or ribbed metal panels shall be limited to no more than 65% of the exterior in the ID-3 District. 6. Synthetics. Synthetic siding materials such as fiber cement siding and EIFS are acceptable if carefully integrated into the building's design and detailed with a high level of shadow lines and reveals. 7. Concrete masonry units. Architectural masonry units with special aggregates and finishes are acceptable. Split face masonry units may be acceptable if combined with other masonry products to raise the level of visual quality. 26 8. Tilt-up panels. Concrete tilt-up panels are acceptable if they contain a high degree of detail by the use of shadow lines, textural variations and/or applied projections and limited to large footprint buildings. 9. Other primary building materials may be approved by the Architectural Review Team (ART) if demonstrated to be of similar quality to the permitted primary materials. (b) Secondary materials. 1. Any primary material listed above may be considered as a secondary material. 2. Gypsum fiber reinforced concrete (GFRC). Fiber reinforced concrete products may be used for trim or architectural features. 3. Frost-proof ceramic tile. Porcelain or other frost-proof ceramic tiles may be used as accents or to create special features. 4. Architectural metal. Metal extrusions, panels and structural components may be used as accents or for special features such as canopies and sunshades. These materials must be finished to prevent rust or corrosion. Use of corrugated or long span, high-profile fluted or ribbed metal panels is prohibited. 5. Split-faced block. Split-faced block shall be used in limited quantities for components like foundations or site walls. 6. EIFS. Exterior insulated finishing systems may be used to add three dimensional features to the walls. 7. Other secondary building materials may be approved if demonstrated to be of similar quality to the permitted secondary materials. (13) Color. Structures shall incorporate combinations of color that will provide visual interest while being harmonious with the surrounding area. (a) Base colors. Main building colors shall be neutral, off-white or earth tone. Base colors shall constitute a predominance of the visible building exterior. (b) Accent colors. Building trim and/or detailing may utilize brighter accent colors to create visual interest, enhance wayfinding and/or to identify main public entrances. Application of accent colors may be used up to an amount not to exceed 10% of the total area of all building elevations. (14) Accessory structures. Attached or detached accessory structures shall be constructed similar in design, style, quality and appearance with identical materials as the principal structure. (Ord. 13-08, passed 4-7-08; Am. Ord. 32-11, passed 6-27-11) 27 § 153.040 SITE DEVELOPMENT REQUIREMENTS. The following requirements for site development shall be met for the ID-1, ID-2, ID-3 and ID-4 Districts. For the Research Recreation (ID-5) District, site development requirements shall be those as identified in the latest adopted version of "Planned Industrial Park Development Text: Northwest Dublin Commercial Park/Sports Ohio." (A) Fences. Fences within the Innovation Districts will comply with §§ 153.078 to 153.083. (B) Landscape requirements. Unless otherwise specified in this section, all other applicable requirements of §§ 153.134 to 153.148 shall be met. (1) Intent. The general intent of the Innovation Districts is to provide landscaping that meets the general objectives of the Zoning Code while specifically targeting design character recommended in the EAZ Plan. Landscaping should emphasize a naturalized appearance and blend with the design of public rights-of-way, while demarking areas of more formal design where people will gather and use space. (2) Character elements. Site landscaping shall comply with the general character and design components as prescribed by the EAZ Community PlanPlan. (3) Property perimeter and parking lot buffering. To meet the intended landscape character for the Innovation Districts to provide a more naturalized appearance, required screening additional deciduous trees, shrubs and grasses shall be used to augment screening and visually soften the appearance of required evergreen screening. (4) Use of mounding. The general design of sites shall avoid the use of uniform mounding to meet screening and buffering requirements. Integration of mounding as one form of screening should focus on landforms of varying width and height that will achieve a more natural and less "engineered" appearance. (5) Interior landscape requirements. All landscape islands must include a minimum width of ten feet from back to back of curb. All islands must be a minimum of 180 square feet in area. Parking lot islands shall be designed in a manner so as to be distributed as evenly as possible throughout paved parking areas without being required in the interior of service courts and loading dock areas. (6) Street trees. One, two-inch caliper street tree shall be provided for each 35- foot interval of public or private street frontage and along entry driveways exceeding 200 feet in length. To achieve the character of the EAZ, trees shall be planted in informal clusters along public arterials and collectors as defined in the EAZ Plan. Entry drives and local streets may include more uniform spacing. (7) Open space plantings. One deciduous tree must be planted for each 1,000 square feet of open space (areas not part of lot coverage). Trees must have a minimum 28 caliper of two inches at the time of planting. Groupings or clusters of trees are preferred, planted at intervals necessary to ensure their survival. (8) Parking lot plantings. To help reduce excessive heat build-up and emissions from large areas of hard surfacing, landscape areas must be provided within parking lots designed for a capacity of 40 cars or more. Landscape islands with a surface area equal to 5% of the area of the paved surface (including all parking spaces, interior drives, loading docks, drop-off/pick-up lanes, and access drives beyond the right-of- way) shall be provided in all parking lots. The required landscape areas shall meet the following requirements: (a) All required landscaped areas shall consist of curbed islands or peninsulas that are surrounded on at least two sides by pavement. Landscaping on the perimeter of the parking lot shall not be counted toward meeting this requirement. (b) A minimum of one broad leaf/deciduous tree shall be provided for every 300 square feet of landscaped area required. (c) The landscape areas may be located in "dead corners" or in landscape islands so as to break up expanses of parking spaces and to contribute to orderly circulation of pedestrian or vehicular traffic in the parking area. (9) Screening and buffering from residential areas. When adjacent to a residential zoning district, properties located in zoning districts ID-2 and ID-3 shall provide mounding within the required front yard setback area and shall vary in height between 4 and 14 feet, with a typical height of 12 feet. Landscaping shall be planted in a natural pattern with mixed deciduous trees and native understory shrubs along the street side of mounds for additional screening. (C) Tree preservation. All sites within the Innovation Districts are expected to retain and protect natural features to the greatest extent possible as part of the development process. Sites shall also comply with the procedures for §§ 153.140 to 153.149. (D) Open space and greenways. (1) Development within the Innovation Districts shall include the dedication of land or provision of public access easements for the purposes of establishing key greenway connections in conformance with the EAZ Open Space Plan. (2) For residential development within the Innovation Districts, dedication of public open space shall be provided in accordance with Code requirements. (3) All uses within the EAZ WID are highly encouraged to provide outdoor plazas, squares or greens and public art accessible to the general public from the public right- of-way. 29 (4) Open space areas shall be large enough and of proper dimensions so as to constitute a useable area, with adequate access, through easements or other similar arrangements. (5) The inclusion of the following amenities are permitted and encouraged within an open space where appropriate to the principal use: public art, sidewalk cafes, food kiosks, ornamental fountains, drinking fountains, waterfalls, sculpture, arbors or trellises, planted beds, clock pedestals, transit shelters, awnings (not including canvas materials), canopies and similar structures. (6) Any permanent open space developed in conjunction with a building or site must be equipped for congregation and recreational opportunities by users of the building and surrounding areas. (7) Common/open space must be accessible to and visible from the street. In no instance shall the open space be more than three feet above or below the adjoining right-of-way. (E) Utilities. All utility lines including water supply, sanitary sewer service, electricity, telephone and gas, and their connections or feeder lines shall be placed underground. Unless otherwise dictated by the needs of the building, all utility connections shall be kept to the rear or the side of the building, out of view or screened. (F) Parking requirements. (1) Parking shall comply with §§ 153.200 to 153.212, unless specifically provided for herein. In the case of conflicts, regulations for the Innovation Districts will prevail. (2) Parking for employees and service shall be located along the side or rear of the structure. Visitor parking may be located forward of the building for wayfinding and access, but should be designed and located to limit its visual appearance from the public right-of-way. (3) All employee and service parking areas shall be accessed from a rear alley or side street where available. (4) Sidewalks shall be provided on-site to link parking and the public sidewalk to the entrance of the building. (5) Parking and maneuvering areas shall meet the minimum requirements of the parking space dimensions table below: 30 (6) The following Table of Parking Requirements lists the parking to be provided for individual uses. The number of off-street parking spaces shall not exceed these requirements, except as provided as a parking adjustment (see division (G) of this section). TABLE OF PARKING REQUIREMENTS USE PARKING REQUIREMENTS Education 1 space per 3 persons by seating capacity or maximum occupancy (whichever is greater) in the largest assembly area or stadium Where assembly areas are not present, 1 space per classroom and 1 space per 300 sq. ft. of GFA of office area Technical, vocational and trade schools: 1 space per each 3 students in addition to the spaces required above Residential Multiple-family: 1.5 spaces per dwelling unit Single-family: 2 spaces per dwelling unit Day Care 1 space per 10 client at licensed capacity Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma 31 Live-Work 1.5 spaces per dwelling unit plus 1 space per 500 sq. ft. of GFA Government and Institutional 1 space per 3 persons by seating capacity or maximum occupancy (whichever is greater) in the largest assembly area; if no assembly area is provided, 2 spaces per 1,000 sq. ft. of GFA Professional, Medical, Office 1 space per 350 sq. ft. of GFA Medical Treatment Facilities Spaces required for offices 1 space per treatment room + 1 space per in-patient bed + additional spaces for office use TABLE OF PARKING REQUIREMENTS USE PARKING REQUIREMENTS Personal Service 2 spaces per 1,000 sq. ft. of GFA Retail Sales 3 spaces per 1,000 sq. ft. of GFA Restaurant, Entertainment and Recreation 1 space per 3 persons by occupancy or 1 space per 150 sq. ft. of GFA, whichever is greater Outdoor recreation areas shall submit a parking plan for approval by the ART detailing expected parking needs Warehousing 1 space per 5,000 sq. ft. of GFA + additional spaces for office use Technology and Industry 1 space per 1,000 sq. ft. of GFA plus additional spaces for office Utility 1 space per use Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma 32 (G) Parking adjustments. (1) Parking adjustments may be approved by the Administrative Review Team (ART) or by the Planning and Zoning Commission as part of a site plan review. (2) Shared parking reduction. Fewer parking spaces may be permitted upon approval of a shared parking analysis submitted by the owner demonstrating that the spaces planned will be sufficient. (3) Deferred parking reduction. Construction of the required number of parking spaces may be deferred if the following conditions are met: (a) Areas proposed for deferred parking shall be shown on the site plan, and shall be sufficient for construction of the required number of parking spaces in accordance with the requirements of this section for parking area design and other site development requirements of the District. (b) Alterations and construction of parking facilities within the deferred parking area may be initiated by the owner or required by the city. (c) Additional parking spaces may be approved, based on documented evidence provided by the property owner or applicant demonstrating that the parking will be required to accommodate the use on a typical day. (d) The parking requirements shall be waived for individual retail uses of 2,000 square feet or less and other uses that are determined by the ART or Planning and Zoning Commission, as applicable, as accessory to other principal uses, such as outdoor restaurant seating adjacent to the street, day care uses, and other similar uses and activities. (4) Off-street parking requirements may be met in a shared parking lot located within 300 feet of building/structure served. (5) On-street parking directly fronting the lot shall count toward fulfilling the parking requirement of that lot. Credit for parking spaces shall be given for those spaces immediately in front of the property to which they apply that have more than 50% of the length of the parking space within the lot or building frontage. (H) Bicycle parking. (1) One bicycle parking space shall be required for every 15 parking spaces required, or fraction thereof. In no case where bicycle parking is required no fewer than four spaces shall be provided. (2) Every effort should be made to provide clear pedestrian connectivity from the public street to the main entrance of buildings. Clear path of travel through parking areas should be designed in a manner to effectively minimize conflict with vehicles. Formatted: Font: (Default) Tahoma 33 (3) Bicycle parking shall be located within 100 feet of the entrance to a principal structure. Parking may be located within the principal structure and should be located where conflicts with pedestrian or vehicular travel are avoided. (4) Bicycle parking racks, docks, or posts shall be designed and installed to provide two points of contact to an individual bicycle frame when used as intended. Enclosed locker-type facilities may be provided in lieu of open racks. Racks and lockers must be designed to allow a bicycle to be locked to a structure attached to the pavement, building, or other permanent structure. (5) Bicycle racks shall be installed according to the dimensional requirements set forth by the bike rack manufacturer and the latest edition of the APBP Bicycle Parking Guidelines, or similarly acceptable industry publication. (6) A minimum five foot access aisle or maneuvering zone shall be provided in each bicycle parking facility. (I) Loading areas. (1) Number. The minimum number of loading spaces shall be provided in accordance with the loading space requirements table below. Requirements may be modified upon making the determination that another measure would be more appropriate because of the number or type of deliveries experienced by a particular business or use. LOADING SPACE REQUIREMENTS 10,000 to 20,000 sq. ft. of GFA 1 space 20,001 to 50,000 sq. ft. of GFA 2 spaces 50,001 to 100,000 sq. ft. of GFA 3 spaces plus 1 space for each additional 100,000 sq. ft. GFA or part thereof >100,000 sq. ft. of GFA 5 spaces (2) Location. Loading/unloading areas and docks shall be prohibited in the front yard. Loading or unloading spaces or docks are prohibited within 50 feet of any residential use unless completely enclosed or screened from view in accordance with the Zoning Code. (3) Design requirements. Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma 34 (a) An alley or front service drive may be used where a single loading space is required. In all cases, service vehicles must be able to maneuver on-site without interfering with travel on a public street, with off-street parking or the normal movement of vehicles and pedestrians on-site. (b) Loading spaces separate from docks shall be at least 12 feet wide, 30 feet long and 14 feet high for adequate clearance. (c) No loading docks are permitted on front elevations facing the public street. (4) All service vehicles and/or fleet parking must be maintained within appropriately screened areas and shall not be placed forward of the structure. (J) Parking structures. (1) Dimensions. Parking stall and driving aisles shall be in accordance with the dimensional requirements as required by the City Engineer. (2) Interior circulation. The interior of the structure shall be designed in accordance with the minimum requirements of the City Engineer and the following: (a) Entering traffic shall circulate in a counter-clockwise direction. Opportunities for recirculation shall be provided. (b) Maximum aisle length shall not exceed 400 feet without providing a cross aisle. (c) Cross aisles shall be a minimum of 18 feet and no greater than 24 feet in width. (d) Design of all parking structures shall include a minimum ceiling clearance height of eight and one-half feet. (3) Ingress/egress lanes. To provide for the orderly function of parking structures, the following shall be required: (a) Two smaller vehicle access openings are preferable to a single large one. (b) Storage areas for entering and exiting traffic shall be sufficiently long to minimize backups of traffic onto surrounding streets or within the garage. (c) A minimum of two vehicle lengths of storage shall be provided between the street and the garage entry gate, but more may be required. (d) One inbound lane shall be required each 300 spaces or fraction thereof. One exit lane shall be provided for each 200 spaces, or fraction thereof. (e) Single entrance lanes from the street shall be 13 to 16 feet in width, tapering down to ten feet at the approach to the control equipment. Double entrance lanes shall be 24 feet wide. 35 (4) Lighting. The following minimum requirements shall be met for the lighting of structured parking within the Innovation Districts: (a) Light trespass. There shall be no casting of glare or spillover lighting outside of the parking structure. Garage lighting shall be concentrated on aisles and ramps with spillover lighting to illuminate parking stalls. (b) Top deck lighting. Lighting on the upper level of a parking structure shall utilize full cut-off fixtures and lower pole heights to eliminate glare and visibility of pole mounted fixtures. (c) Adherence to guidelines. Except as otherwise provided to meet the intent of these standards, all parking structure lighting shall comply with § 153.133. (5) General design and appearance. The design of freestanding or integrated structures should comply with the following: (a) The design intent for parking structures is to minimize the view of the automobiles from the exterior and to have more variation in the facade than is typically found in parking structures. (b) The parking structure shall be architecturally compatible with the building it serves and utilize a variety of opening sizes, opening locations, screens, building panels, colors and/or other approaches to create a richer facade composition. (c) Sloped ramping shall be concealed from exterior view by interior screens or other methods on the exterior facade. (d) No part of the structure shall exceed the height of the principal structure it is intended to serve. Freestanding structures shall not exceed the maximum building height of the District, without height incentives. (e) Where a parking structure is within 40 feet of any existing principal structure, that portion of the parking structure shall not exceed that structure's eave or wall height. (f) Individual parking structures shall not exceed 500 total parking spaces unless demonstrated that architectural design techniques are adequately implemented to reduce the overall mass and appearance of the structure. (g) Pedestrian and vehicular entries shall be clearly distinguished. (h) Parking structures are encouraged that incorporate space for retail, service or other commercial uses. (6) Character and massing. Parking structure facades over 150 feet in length shall incorporate architectural features that break the continuity of these long facades through the following: 36 (a) Vertical facade changes: Incorporation of intervals of architectural variation at least every 80 feet over the length of the applicable facade, such as: 1. Varying the arrangement, proportioning and/or design of openings; 2. Incorporating changes in architectural colors, textures, details, materials or adding applied architectural features such as screens or panels; and/or 3. Projecting forward or recessing back portions or elements of the parking structure facade. (b) Horizontal facade changes: 1. Stepping back the upper floors from the ground floor parking structure facade; 2. Changing materials, colors or textures between the parking structure base and upper floors; and/or 3. Including a continuous cornice line or pedestrian weather protection element between the ground floor and upper floors. (c) Views to the interior. Facades of parking structures shall minimize continuous horizontal parking floor openings. Any portion of a parking structure ground floor with exposed parking areas adjacent to a public street shall minimize views into the parking structure interior through one or more of the following methods: 1. Decorative trelliswork and/or architectural screening on the parking structure facade, without compromising the open parking structure ventilation requirements of any applicable Code. 2. Special architectural or artistic features. 3. Alternative methods may be approved by the ART or Planning and Zoning Commission, as applicable. 4. Upon conversion of portions of a parking structure to a pedestrian retail/commercial use, the ART or Planning and Zoning Commission, as applicable, may approve the removal of initially installed pedestrian screening material in order to allow maximum visibility and access to the converted portions of the parking structure. 5. In addition to the above, views into the upper floors of parking structures shall be minimized through one or more of the following methods: A. The use of planters integrated into the upper floors of parking structure facade design. B. Decorative trelliswork and/or architectural screening on the parking structure's upper floor facades. 37 C. Upper parking floors designed with a pattern of more window-like openings on the parking structure facade. (K) Sustainable parking lot design. (1) In order to promote environmentally sensitive design and construction of parking lots, the following requirements apply. (2) Permeable surface for paving. (a) Parking areas may be surfaced with permeable asphalt, permeable concrete or turf blocks, subject to review by the City Engineer. If approved by the City Engineer, the calculations for required stormwater management and retention measures may be adjusted for the use of this paving. (b) Driveway aprons connecting parking lots to public roadways may not be constructed with permeable materials. (c) A maintenance plan, outlining responsible parties, procedures and schedules for permeable pavement areas must be submitted and approved by the City Engineer. (d) Parking and circulation areas must meet pavement strength specifications as determined by the Fire Marshal. (3) Alternative parking space dimensions. (a) A property owner may request an adjustment to parking space dimensions for no more than 5% of required spaces, based on documentation of a formal policy or program to encourage the use of compact vehicles by employees or visitors, as approved by the ART. (b) Where alternative dimensions are approved, which would have the effect of reducing the number of required spaces meeting the standard dimensional requirements, the remaining standard spaces shall be subject to the deferred parking requirements. (4) Electric car parking requirements. (a) Parking lots with 200 spaces or more are strongly encouraged to provide at least one electric plug-in service point for every 200 parking spaces. (b) Plug-in points must be associated with an individual parking space and be installed according to appropriate design standards, as approved by the ART. (c) Plug-in points are exempt from the service structure screening requirements outlined in § 153.133. (5) Wheel stops or modified curb designs may be used in place of standard curbing where alternative stormwater techniques such as bioswales or rain gardens require surface drainage. 38 (L) Signs. Signs shall comply with §§ 153.150 through 153.162, unless specifically provided for in the following section. In the case of conflicts, regulations for the Innovation Districts will prevail. (1) Table of height, area & setbacks. The following table shall provide for the implementation of sign requirements for the Innovation Districts: (2) Table of numbers. The following summarizes the number of signs permitted within the Innovation Districts. The intent of the Districts is that each site is permitted one monument, wall or projecting sign as its primary identification. For designated uses an additional window sign can be used to identify main entrances. An additional sign may be permitted in instances where support services available to the public are integrated within the first floor of a primary structure such as a large office complex. In no case shall more than one sign identifying a particular business be oriented toward the same property line. Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma 39 (3) Multi-tenant signs. No more than two tenant panels may be provided on one monument sign. Tenant panels must include a frame to visually separate the individual panels. (4) Wall signs. Based upon the specific architecture of buildings, wall signs may be administratively approved by the ART at a greater building height, not to exceed the primary roof line. (5) Secondary image. Secondary images for signs within the Innovation Districts may be designed up to 30% of the maximum permitted area of the sign face. (6) Colors. Within the Innovation Districts, signs shall be limited to the use of three colors. Colors for trademarked logos shall be permitted; logos shall be considered as one of the three permitted colors. (7) Sign types. To better accommodate contemporary architecture, sites permitted multiple signs may utilize a combination of sign types. (8) Interstate signs. Corporate offices with frontage along U.S. 33 are permitted an Interstate District sign as regulated by § 153.159. (M) Site lighting. The lighting requirements of § 153.149 shall be met. (N) Circulation and access. (1) Rights-of-way dedication. Private development shall include the dedication of rights-of-way for the future expansion and widening of public roads to serve properties in accordance with the city's Multimodal tThoroughfare pPlan and/or the EAZ Transportation Plan, whichever is greater. (2) Site access. All access from public rights-of-way shall be provided at locations approved by the city for the purposes of access management and safety. Cross access easements shall be provided for all shared driveways, and all sites shall comply with the city's Administrative Policy for Intersection Visibility Triangles at proposed access points. (3) Construction durability. All private drives, parking areas, pedestrian paths, and sidewalks shall meet at least the minimum requirements established by the city. (4) Paths and connections. (a) Public access easements shall be provided in all cases where multi-use paths are provided through a site and not along a public street. (b) Installation of sidewalks and multi-use paths on site shall be made in compliance with the EAZ Community PlanPlan. (c) Pedestrian access shall be provided from all building entrances to public sidewalks along the street right-of-way. Continual maintenance of all access on a site shall be the responsibility of the property owner. 40 (d) A minimum four-foot sidewalk shall be required along the edge of all parking lots on sides adjacent to buildings to adequately facilitate pedestrian access into the building. (Ord. 13-08, passed 4-7-08; Am. Ord. 32-11, passed 6-27-11) § 153.041 SUSTAINABILITY AND DEVELOPMENT INCENTIVES. The following sustainability and development incentives shall apply to the ID-1, ID-2, ID-3 and ID-4 Districts. (A) Development incentives. Development incentives are offered to induce applicants to provide various amenities or other activities that add vitality, environmental sensitivity and other activities consistent with the EAZ Plan and the Community Plan. For each criteria that are met, either the maximum building height may be increased by one story (not to exceed two) or the maximum lot coverage increased by 5%: (1) The building is designed to qualify for a Leadership in Energy and Environmental Design (LEED) Green Building Rating of gold or higher, or other equivalent accepted rating system. (2) The site and/or building uses innovative stormwater provisions, such as rain gardens, green roofs, etc., to accommodate more than 50% of calculated stormwater flow required to be controlled. (3) Use of a parking structure for at least 75% of required parking. (Ord. 13-08, passed 4-7-08; Am. Ord. 32-11, passed 6-27-11) § 153.042 DEVELOPMENT APPROVAL PROCESS. (A) Process purpose and intent. The purpose of this section is to provide adequate review of applications for rezoning and/or development within the Innovation Districts. These procedures are intended to create an efficient and predictable review process for projects within the Economic Advancement Zone. The timing for reviews and approvals ensure that the EAZ WID is competitive with research and technology parks in other jurisdictions. Properties within the ID-5 District shall comply with procedures as provided for in § 153.051. (1) Compatibility. It is the intent to ensure that development projects are completed in a manner generally harmonious with surrounding properties and without the endangerment of the health, safety, and general welfare of existing, prospective, or future owners, users, surrounding and adjoining properties, and the public. 41 (2) Coordination. These regulations and procedures are intended to ensure that development has adequate and efficient provision of facilities and/or infrastructure, land, rights-of-way, and easements, so as not to burden the fiscal resources of the city. These provisions include the construction of buildings and utilities, streets and sidewalks, landscaping, recreational open spaces, and other provisions meeting the standards of the city and the Community Plan, as required for the public good. (B) Process summary. The following table provides an overview of the review procedures and requirements used in this section that apply to the Innovation Districts. (C) Pre-application meeting and procedures. (1) Pre-application review. A request for a pre-application meeting shall be made in writing to the city on a form provided by the city for that purpose. The request shall also include, at a minimum, the following information: (a) Ten copies of a site plan generally demonstrating the nature of the proposed development. Formatted: Font: (Default) Tahoma Formatted: Font: (Default) Tahoma 42 (b) A list of each possible administrative departure, as provided for in § 153.042(E)(6). Proposed administrative departures shall also be clearly noted on the required site plan. (c) A fee as established by City Council. (2) Scheduling. Upon written receipt of a request for a pre-application meeting, the city shall schedule the meeting no later than 14 days from the date when the request was submitted, unless a later date is otherwise mutually agreed to by the applicant and the Director. The city shall notify the applicants in writing or by email at least seven days prior to the meeting. The intent of the Innovation District review process will be to schedule the pre-application meeting as soon as practicable. (3) Review timeframe. Prior to the meeting, the city shall distribute the submitted materials to other applicable city departments for input and recommendations. Applicable departments shall be notified of the pre-application meeting and shall be encouraged to send appropriate representatives. (4) Informal feedback. During the pre-application meeting, the city shall provide the developer with a non-binding and informal review of the development proposal, and information on the procedures and policies of the city, including application review procedures that may be used. (D) Development plan applications and procedures. (1) Development plan applications. Prior to the development of any property within the Innovation Districts, a development plan application shall be submitted to the city on a form prescribed by the city. The development plan application shall include the elements indicated in § 153.042(E)(3). Development plan applications shall not be subject to filing deadlines as required for other development applications and may be submitted to the city on any date during its normal hours of operation. (2) Review authorities. As part of the development plan review, the following entities shall be involved in the application review as specified. (a) Administrative Review Team. Development plan applications within the ID-1, ID-2, ID-3 and ID-4 Districts shall be reviewed by the Administrative Review Team (ART). The ART shall consist of the following members or their designated representatives, and others appointed by the City Manager as deemed necessary, either as permanent or temporary members. The city may contract with qualified architectural consultants to assist with the determination for compliance with architectural provisions of the Innovation Districts and the EAZ Plan. 1. Director (Chair); 2. City Engineer; 3. Fire Chief; 43 4. Parks & Open Space Director; 5. Chief Building Official; and 6. Economic Development Manager. (b) Planning and Zoning Commission. Applicants may submit development plan applications for site plan approval by the Planning and Zoning Commission in accordance with the procedures of § 153.042(E)(7) under the following conditions: 1. Approvals of the ART that include conditions for which the applicant wishes reconsideration. 2. Development plan applications within the Innovation Districts that fail to meet one or more of the requirements of the applicable District and are not eligible for an administrative departure. 3. Administrative departures denied by the ART. (3) Contents of development plan applications. The development plan application shall include the maps, plans, designs, and supplementary documents itemized below. One copy of all required materials, including a site plan, shall also be submitted in appropriate digital formats, as determined by the city. The information submitted shall include the following: (a) Site plans as required by the city, unless some materials are deemed unnecessary by the Director based on the nature and scale of the proposed development. (b) Payment of a fee as established by City Council. (c) A description of any requests for administrative departures as permitted in § 153.042(E)(6) listed in writing and clearly noted on the required site plan, including a description of the nature of the administrative departure, the specific provisions from which the administrative departure is being sought, how the application meets the requirements for approval under § 153.042(E)(6)(e)3., and other necessary illustrative materials describing the request. (d) Site plans as required by the city, unless some materials are deemed unnecessary by the Director based on the nature and scale of the proposed development. (4) Public notices. Written notice regarding applications received for administrative review or site plan approval shall be sent to the applicant, owner, and parcels of land within 300 feet of the property under consideration, as listed on the County Auditor's current tax list within ten days from the receipt of a complete application. 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 and, when applicable, the time, date and location of 44 the Planning and Zoning Commission meeting at which the application will be considered. (5) Administrative reviews. (a) Upon receipt, the development plan application shall be distributed to the Administrative Review Team (ART) for review. (b) The ART shall be responsible for reviewing all development plan applications and providing written input regarding the proposed development's compliance with the applicable requirements of the District. (c) The ART shall meet as necessary to consider the development plan application. Applicants shall be given not less than five days notice of the ART review meeting, and may be required by the Director to attend any meetings of the ART. (d) During the course of a development plan application review, the city shall schedule at least one meeting with the applicant to review the application. The applicant shall be given the opportunity to revise the application in response to the ART's comments. (e) Within 28 days from the filing of the development plan application, unless otherwise agreed by the applicant and the city in writing, the ART shall be required to take one of the following actions: 1. Approve the development plan application when all of the requirements of the Innovation Districts and the intent of the EAZ WID Plan are met, including administrative departures as may be granted in accordance with § 153.042(E)(6)(f). 2. Issue a decision to permit the applicant to subject the development plan application to site plan approval by the Planning and Zoning Commission upon a determination by the ART that: A. The application does not meet all of the requirements of the District and the standards of § 153.042(E)(8) or the intent of the EAZ WID Plan; B. The application does not meet the requirements for the granting of administrative departures; or C. The proposal has the potential for significant community impact that requires additional public review. (f) Following the approval of an administrative review the applicant may apply for a certificate of zoning plan approval and building permit, consistent with approved development plan. (g) A report shall be provided periodically to the City Council and Planning and Zoning Commission of Administrative Approvals by the ART. (6) Administrative departures. 45 (a) Purpose. In certain instances strict enforcement of zoning and development requirements of the District may be either unreasonable or impractical. Therefore, a procedure for administrative departures from these regulations is provided to allow the flexibility necessary to adapt to changed or unusual conditions, both known and unforeseen, under circumstances that do not involve a change of the permitted use of the land or structure. (b) Procedures. The ART shall be permitted to hear and grant requests for administrative departures that may modify the requirements in the Innovation Districts within the standards provided in division (6)(e), below. (c) Application. A request for administrative departures may be submitted with a development plan application or at any time after the approval of a development plan application. If requested as part of a development plan application, the request shall be processed and reviewed concurrently with the development plan application. (d) Review of these requests shall be subject to the same timing requirements that apply to development plan applications. (e) Review by the Administrative Review Team (ART): 1. Requests. Requests for administrative departures shall be submitted to the ART for review in accordance with the procedures for administrative reviews. 2. Review criteria. The ART shall grant a request for an administrative departures provided the request meets the general purpose and intent of the District and one or more of the following criteria: A. Is not so substantial in nature or degree that it represents a major divergence from the intent of requirements of the District; B. Is necessitated by a condition related to the site, rather than simply as a means to reduce costs or a matter of general convenience; C. If approved, would maintain the specific purpose of the requirements and conditions of the regulation that is the subject of the request; or D. Is limited to that necessary to account for special site conditions or development requirements specific to an individual user. 3. Examples. The following is illustrative, but not inclusive, of what may be considered as administrative departures: A. Changes to required building setbacks to account for individual site conditions. B. Substitution of plant materials specified in the landscape plan with comparable materials of an equal or greater size. C. Change of building materials to a comparable or higher quality. 46 (f) Approvals of administrative departures. Following the approval of an administrative departure, the applicant may proceed with applications for a certificate of zoning plan approval and building permit, consistent with the approved development plan. (7) Site plan reviews of development plan applications. (a) Intent and applicability. In order to balance the need to accommodate unique uses with the desire to ensure the presence of high-quality and orderly development within the District, development plan applications shall be reviewed by the Planning and Zoning Commission for a site plan approval as provided in § 153.042(D)(5)(e)2. and the conditions of this section. (b) Authority and limitations. Site plan approval of development plan applications reviewed by the ART shall apply only to those portions of the plan failing to meet the requirements of the District. The Commission shall not have the authority to change any part of the development plan application that otherwise meets the development requirements of the District and/or has received an administrative review approval. (c) Application deadline. The applicant shall make a written request to the Director for site plan approval no later than ten days following the date when the ART's decision on the development plan application is issued. The hearing before the Planning and Zoning Commission shall occur no later than 30 days following the receipt of the applicant's written request by the Director. (d) Site plan approval procedures. The Planning and Zoning Commission shall approve, approve with conditions, or disapprove the applicable elements of the development plan using the standards of § 153.042(E)(8). The decision shall be made within 56 days of submission to a meeting of the Commission, unless otherwise agreed by the applicant and the city in writing. (e) Appeals. Development plan applications disapproved by the Planning and Zoning Commission may be appealed by the applicant to City Council, which shall hear the appeal no later than 28 days following the date of the Commission's decision, unless otherwise agreed by the applicant and the city in writing. (8) Development plan standards of approval. In addition to meeting all other requirements of the District, a development plan application shall only be approved by the ART or Planning and Zoning Commission, as applicable, if the requirements of the District and the following criteria are met: (a) Site design characteristics. 1. All elements of the site design shall be harmoniously and efficiently organized in relation to topography, the size and type of lot, the character of adjoining property, and the type and size of buildings. 47 2. The site shall be developed so as not to impede the normal and orderly development or improvement of surrounding property for uses permitted by the District. 3. All buildings or groups of buildings shall be arranged so as to permit emergency vehicle access by some practicable means to all vehicles. 4. Every structure or dwelling unit shall be provided with adequate means of ingress and egress via public streets and walkways. (b) Environmental standards. 1. The landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal, alteration to the natural drainage courses, and the amount of cutting, filling and grading. Natural features and the site topography shall be incorporated into the proposed site design to the maximum extent practical. 2. Landscaping buffers and/or greenbelts may be required beyond those otherwise required in the District to ensure that proposed uses will be adequately buffered from one another and from surrounding public and private property. (c) Vehicular and pedestrian circulation. 1. The expected volume of traffic to be generated by the proposed use shall not adversely affect existing roads and the circulation thereon. 2. Driveways shall be located to minimize conflict with traffic operations on the adjoining road. The number of driveways shall be the minimum needed to provide reasonable access to the site. 3. The arrangement of public or common ways for vehicular and pedestrian circulation shall respect the pattern of existing or planned streets and pedestrian or bicycle pathways in the area. 4. Safe, convenient, uncongested and well-defined vehicular and pedestrian circulation within and to the site shall be provided. Drives, streets and other elements shall be designed to promote safe and efficient traffic operations within the site and at its access points. (d) Public services. The scale and design of the proposed development shall facilitate the adequate provision of services currently furnished by or that may be required of the city or other public agency including, but not limited to, fire and police protection, stormwater management, sanitary sewage removal and treatment, recreational activities, traffic control, and administrative services. (e) The general purposes and spirit of this chapter and the various provisions and components of the Community Plan, including the EAZ Plan. (E) Modifications to approved development plans. 48 (1) The Director may authorize minor modifications to an approved development plan that are required to correct any undetected errors, that are consistent with the purpose of the approved application, or that are necessary to ensure orderly and efficient development. Minor modifications shall be limited to: (a) Adjustments in lot lines, provided no additional lots are created and required setbacks are maintained; (b) Adjustments in the location of and layout of parking lots, provided perimeter setbacks, yards and buffers are maintained; (c) Modifications of building footprints up to 10% in total floor area of the originally approved building, building height(s) or floor plans, that do not alter the character or intensity of the use; (d) Substitution of landscaping materials specified in the landscape plan with comparable materials of an equal or greater size; (e) Redesigning and/or relocating stormwater management facilities provided that general character and stormwater capacities are maintained; (f) Adjusting and/or relocating landscape mounds, provided that the same level and quality of screening is maintained; (g) Minor modifications to the sign face, landscaping and lighting, provided the other sign requirements of the final development plan are maintained; (h) Minor changes in building material or colors that are similar to and have the same general appearance comparable to or of a higher quality as the material approved on the final development plan; (i) Changes required by outside agencies such as the county, state, or federal departments; and (j) Other minor modifications deemed by the Director that do not alter the basic design or any specific conditions imposed as part of the original approval. (2) Any modifications to be made to an approved development plan that are not deemed minor by the Director shall require the filing and approval of a development plan application in accordance with this section. (Ord. 13-08, passed 4-7-08; Am. Ord. 32-11, passed 6-27-11; Am. Ord. 19-12, passed 4-23-12) Temporary Sign Regulations Planning and Zoning Commission – February 6, 2025 Redline Version (Red = Deleted Text, Blue = New Text) 153.002 DEFINITIONS (B)(19) (v) SPECIAL EVENT. A special event or activity that is open to the general public and non- discriminatory and is educational, cultural or recreational in function. , and that is supported by the office of Public Information and Special Events. Free admission is not a requirement. A special event is educational, cultural or recreational in function. Such events shall be reviewed and approved through the city’s event permitting process. coordinated through the City Offices of Communications and Public Information and Special Events. Examples of a special event are the Muirfield Tournament and the Dublin Irish Fest. 153.158 TEMPORARY SIGNS. The following standards supplement the general requirements within § 153.156. Unless otherwise explicitly stated below, the following standards supersede the provisions within § 153.156 when regulating temporary signage. (B) Community Activities Signs. (1) General. The installation of these banners is coordinated through Communications and Public Information and Special Events. Temporary banners signs, including or standardized sandwich board signs may be installed during a community activity. On-site temporary signage before or during, a community activity, with the exception of banners and gas-inflatable devices, does not require a permit. (2) Illumination. May not be illuminated. (3) Duration. May not be displayed more than seven days immediately preceding the event and shall be removed no later than 24 hours following conclusion of the event. (M) Special Events. (1) General. Temporary sign requests associated with permitted and city events will be reviewed and approved through the city’s event permitting process. A temporary sign permit will be issued for a special event only after a special event application form has been filled out and approved. The event coordinator is required to complete a special event application form, which includes a description of the proposed signage. On-site temporary signage before or during a special event, with the exception of banners and gas-inflatable devices, does not require a permit. (2) Number. A special event organizer may erect a maximum of eight temporary off-premise signs, provided that a sign permit is obtained from the Planning Director or designee before installation. The location and number of signs permitted, up to the maximum permitted in § 153.158(L) will be determined on a case-by-case basis, based on considerations of traffic safety and size of attendance. (3) Placement. The city will provide and install standardized sandwich boards for all off-premise signs. The event organizer is responsible for supplying paper or plastic signs, which will be affixed to the boards. (4) Size. A maximum of two signs may be up to six square feet in area and three feet in height. A maximum of six signs may be up to two square feet in area and one foot in height. (5) Duration. A maximum of two signs may be installed no earlier than seven days immediately preceding the event but must be removed no later than 24 hours following conclusion of the event. A maximum of six signs may be installed no earlier than 24 hours immediately preceding the event but must be removed within 24 hours following conclusion of the event. (6) Illumination. May not be illuminated. JOINT WORK SESSION OF DUBLIN CITY COUNCIL, PLANNING & ZONING COMMISSION, ARCHITECTURAL REVIEW BOARD, BOARD OF ZONING APPEALS October 16, 2024 Minutes Mayor Amorose Groomes called the Wednesday, October 16, 2024 joint work session to order at 6:02 p.m. Members Present: Council Members: Vice Mayor Alutto, Mayor Amorose Groomes, Ms. De Rosa, Ms. Fox, Mr. Keeler, Ms. Kramb Members absent: Mr. Reiner PZC Members: Mr. Alexander, Ms. Call, Mr. Chinnock, Mr. Deschler, Mr. Garvin, Ms. Harter Members absent: Mr. Way ARB Members: Ms. Cooper, Mr. Cotter, Ms. Damaser, Mr. Jewell, Ms. Patt-McDaniel BZA Members: Mr. Anderson, Mr. Kretz, Mr. Murphy, Mr. Nigh, Ms. Tyznik Staff Members: Ms. Rauch, Ms. O’Callaghan, Mr. Gracia, Mr. Boggs Also present: Tracy Owens Ms. O’Callaghan led the Pledge of Allegiance. City Updates: Mayor Amorose Groomes provided updates on City initiatives. Land acquisition Recent acquisitions include Carter Farms (137 acres), Shepherd Excavating (8 acres), and SportsOhio (98 acres). This acquisition consists of multiple parcels that can be leveraged for a number of strategic opportunities related to economic development, transportation and recreational uses. The City has had a land acquisition policy that advances several of our Strategic Plans including: • Strategic Framework and Vision • City Council Visionary Goals • Community Plan • Economic Development Strategic Plan • Parks and Recreation Master Plan and • West Dublin Passenger Rail Station Study. Purchases of land enable the City to control the ultimate use of the property and as the City continues to build out, there are fewer opportunities to purchase property. Mayor Amorose Groomes shared the West Innovation District (WID) Special Area Plan map that was developed as a result of the Envision Dublin Plan. Before this purchase, Dublin was more than 90% built out. This purchase opened up another 20-30% growth opportunity. She listed some Confidential Information - For Board Use Only - Do not Redistribute Page 55 of 1516 Joint Work Session Minutes of Council, PZC and ARB October 16, 2024 Page 2 of 10 future improvements, such as Cosgray widening, University extension, Shier Rings extension, Houchard improvements, Eiterman realignment, and a new road west of CSX. The roadway network is starting to take shape. Many of tonight’s attendees will have input on how this vision will come to be. With the acquisition of SportsOhio Dublin nearly doubled our outdoor field usage. Passenger Rail and LinkUS Mayor Amorose Groomes reviewed the Ohio Corridor Identification and Development (Corridor ID) Program and shared a map showing rail lines through Ohio. The Corridor ID is a Federal Railroad Administration (FRA) initiative to reimagine passenger rail planning nationally. The two most interesting lines to Dublin are the 3C&D - an application submitted by the State of Ohio and being supported by State officials; and the Midwest Connect, which was submitted by Fort Wayne, Indiana in conjunction with MORPC. Mayor Amorose Groomes shared that she will be traveling to Fort Wayne to meet with leadership to talk about next steps. The Corridor ID is a three-step process. Step 1 (Selection and Initiation) is where we are now. Step 2 (Route Planning) – This step details routes, stations, and what capital improvements must be made. It is estimated to take 1 to 3 years to complete. The City of Dublin invested heavily into the HyperLoop study and already has answers to many of these questions so she believes it will not take the full three years. Step 3 (Project Development) – This includes the engineering and final environmental review. Mayor Amorose Groomes shared the Central Ohio and Regional Rail Map and Potential Passenger Rail Stations showing a contemplated rail station in Dublin. She noted that this is a competitive process. A 20-minute drive shed map was shared showing that Dublin is centrally located. Mayor Amorose Groomes stated that early polling shows LinkUS has a chance of passing in November. There are three primary corridors. The northwest corridor represents more than 60% of jobs in the region and terminates in Bridge Park. It will be a game changer for employers. The Ohio Department of Transportation (ODOT) is looking at a line across 270 from Dublin to the Intel site. This speaks to the work that boards and commissions do. No other community has the opportunity to be linked to mass transit like the City of Dublin. This could provide access to jobs and opportunity. LinkUS will be a dedicated lane for buses that operate as light rail. Passengers enter and exit the buses at grade. She encouraged everyone to vote for Issue 47 this November. Metro Center Revitalization The City Council and boards and commissions have spent a lot of time discussing Metro Center Revitalization. The implementation is nearing the end of the “thinking” process and soon entering the “doing” process. Current conditions include more than 7,500 parking spaces. There is pavement in spaces that could be used for other purposes to build density and vibrancy. Elements for Revitalization include: • support existing office tenants, • embrace walkability, • foster a sense of place, • consolidate underutilized surface parking, add structured parking with mixed-use development, • provide a variety of new housing types for workers and residents, and • establish a unique natural open space amenity and connect the district with greenspace. Confidential Information - For Board Use Only - Do not Redistribute Page 56 of 1516 Joint Work Session Minutes of Council, PZC and ARB October 16, 2024 Page 3 of 10 The revitalization will start with focusing planning efforts along Frantz Road, which involves starting the central water portion. Fiber to Every Home Being the most connected City in the U.S. has been a goal of City Council. Fiber allows us to accomplish many of the City’s goals. Fiber to the Home is now moving into phase 2 of construction. The City is ensuring there is ample communication with residents. Questions Mr. Garvin asked about the number of local LinkUS stations projected. Mayor Amorose Groomes stated that it will function similar to light rail with the only stop contemplated in Dublin at in Bridge Park. Assuming LinkUS and a rail stop both come to fruition, there will likely be an interim stop between the two. Ms. Harter stated Dublin City Schools had a speaker on LinkUS and it was well-received. Ms. Call asked if there are other transportation efforts that would make a difference. Mayor Amorose Groomes stated that there are also trails, sidewalks, bike paths, etc. but the rail and LinkUS would be advantageous to Dublin. Lean Six Sigma Development Process Review Ms. O’Callaghan stated that the presentation this evening is the culmination of very hard work by all City staff. Every department has been represented in this process. This review follows the adoption of the City’s Economic Development Strategic Plan Update. A cross-departmental team has focused on Strategy 2 regarding the development review process and identified six major action themes through a Lean Six Sigma analysis. Tracy Owens led the Lean Six Sigma analysis and helped identify improvement opportunities within the Development Process. Feedback from developers is a desire for more transparency and predictability. Every effort was made to engage with as many stakeholders as possible including our board and commission members. Ms. O’Callaghan expressed her appreciation for the members’ engagement. Ms. Rauch introduced the development process review topic, the Lean Six Sigma process, and invited Mr. Owens forward. Mr. Owens began by referencing one of the past process improvements (Building Standards Plan Review Process Improvement) in which he was involved. There were a lot of long-held beliefs about how that process was supposed to work. They took a perennial backlog of 30-35 projects and brought it down to single digits within a couple of weeks. Mr. Owens explained how Lean Six Sigma works. There are five phases: Define – Define exactly what needs solving, determine whether it is worth trying to solve and engage sponsors. Measure – Quantify the problem. Collect data to understand the current situation. Analyze – Identify the cause of the problem. Improve – Implement and verify the solution. Solutions need tested. Control – Maintain the solution. Institutionalize the best path forward until the next round of improvements. Confidential Information - For Board Use Only - Do not Redistribute Page 57 of 1516 Joint Work Session Minutes of Council, PZC and ARB October 16, 2024 Page 4 of 10 Mr. Owens stated that the development process review timeline began in April 2024. It was brought to our attention as an opportunity for improvement. In May, there was a current process analysis workshop that included many of the board and commission members in attendance this evening. External stakeholders were involved in that step. Soon after that study, a survey was conducted. A workshop was held June 21 to study and synthesize emerging themes to be turned into actions. On June 28, there was a feedback session. A second survey was conducted July through September and that brings the project to this joint work session. Feedback from participants at the May 10 workshop included words like, predictable, responsive, friendly, and flexibility. Dublin is a community that is conscious of design that is proud of its environment. Mr. Cotter asked if developers wanted the process to be faster or cheaper. Ms. O’Callaghan stated that with development, time is money, so they wanted both. Ms. Call stated that unpredictability leads to increased cost. Mr. Owens stated that there is always the iron triangle of speed, accuracy and cost. Mr. Deschler stated that he thinks there should be more Code specificity not less. Mr. Owens share more of the feedback shared on May 10, 2024. Knowing that was not the full voice of everyone involved, a survey of local stakeholders was conducted. Key takeaways from the survey included satisfaction with staff and the helpful nature of the City’s employees. Clarifying the process was a theme that came up on May 10th and through the survey. How to help someone through the development review process is one of the action themes. A benchmarking survey was conducted as well. Some of the organizations researched were Cincinnati, Cleveland, Delaware, Detroit, MI, New Albany, Grove City, Upper Arlington, Westerville, and more. A workshop was held June 21, 2024 to turn ideas into action. He shared examples of work sheets used to facilitate the analyze and improve phases. Some could be put in place immediately. The following action themes were identified/developed: • Project Management Approach • Central Intelligence • Tiers of Service • Technology Use • Requirements and Review Process • Staff Reports Mr. Owens noted that there is always another round of improvement projects. Mr. Nigh asked how many people attended these meetings. Ms. Rauch stated that there were maybe 20 attendees at the first meeting. Staff tried to target those with whom they work on a very regular basis. Mr. Owens stated that there were 30 or 32 survey responses received. Mr. Kretz asked if the City loses any business because of the process as it exists today. Mr. Gracia answered affirmatively and stated that there are people that choose not to engage because of Confidential Information - For Board Use Only - Do not Redistribute Page 58 of 1516 Joint Work Session Minutes of Council, PZC and ARB October 16, 2024 Page 5 of 10 perception of the process. Mr. Owens stated that one of the action themes, Central Intelligence, involves tracking overtures people make toward developing in Dublin and determining how to keep them engaged. Mr. Deschler asked if the developments lost are developments Dublin would want. Mr. Gracia stated that the future development of those large parcels in which the City has recently invested, hinge a lot on this development review process, the envision Dublin process, and related Code changes. To utilize that land properly, these issues will need to be addressed. If no changes are made, Dublin will not compete on a global scale. Mr. Gracia references some of the City-owned parcels that had a specific strategy regarding semi-conductor supply chain and stated that use is currently not permitted on those sites. Mr. Keeler stated that it is important to make the distinction between commercial and residential uses. The desire is to streamline the process for commercial development in the western part of the City. Someone constructing residential knows they will reap a financial upside of building in Dublin and will follow a process. A corporate partner would have many options. Mr. Cotter asked how the City will measure success with this endeavor. Ms. Rauch stated there will be process metrics. That is part of the loop of evaluation. Some results are subjective and others are objective. Ms. O’Callaghan stated that the City currently has a performance measurement tracking system and performed extensive benchmarking. Ms. Harter stated that she hears staff circle back with an applicant regarding a site that is more appropriate. Staff is cultivating relationships behind the scenes. Ms. Rauch stated that Planning and Economic Development work very closely together. Ms. Rauch summarized and shared the six action themes. Each theme has a project statement or goal and identified tasks to help with accomplishment. Some are more complex than others. Project Management Approach This came out of the stakeholder discussion and is an effort to help shepherd projects through the process without having multiple points of contact. That single point of contact could be any staff member. It was not desirable to have someone going through the development review process trying to hunt down answers. Staff has identified a number of projects and tested this approach. Staff utilized this with five specific projects: Media Source, COhatch, Lightbridge Academy, Fallback Studios, and Roundtable. This helped staff determine that the approach works. This does not require the case manager to be a subject matter expert but determine how to get the answers needed. That requires more training and transparency amongst staff. The formalization of the Case Manager role and project management training is in progress. Mr. Gracia shared an example of a broker telling an existing company looking for a new home that they would not get a permit in time to stay in Dublin. Because of the relationship with the Economic Development Department, this representative reached out to Dublin and they were able to help this company stay in Dublin. A case manager would be very beneficial in a case such as this. Central Intelligence Ms. Rauch stated that this is the ability to track inquiries. Previously staff members had their own way of tracking inquiries. Inquiries do not always come in to Planning staff. Central Intelligence Confidential Information - For Board Use Only - Do not Redistribute Page 59 of 1516 Joint Work Session Minutes of Council, PZC and ARB October 16, 2024 Page 6 of 10 provides the opportunity to consolidate that information. This action involves how to track contact the contact, what was the question asked, and what was the answer given. This will also help with properties that generate many inquiries. A fact sheet was created on those properties to ensure consistent information is reviewed, updated and provided. Tiers of Service Ms. Rauch stated that there are developers that are very familiar with the process and those that are new to Dublin. This action then involves looking at ways to engage with them and any necessary Code changes. One of the in-progress items is how to handle people that want to meet with staff. Staff is looking at establishing a set time every week to meet with developers that includes the same set group of staff members. Technology Use This action item considers how to use technology to the best advantage. Staff has identified and accomplished how to use technology to access and research cases or permits. Another piece of this action item is considering other software solutions to make the development review process as seamless as possible. Ms. Fox asked if the desire for an easier online system is addressed in this theme. Ms. Rauch answered affirmatively and stated that many of the themes overlap. There was discussion around the many application types that currently exist and whether there is a way to rebuild the system to allow applicants to submit one application that would then getting routed appropriately based on responses or information submitted. Requirements and Review Process Ms. Rauch stated that this theme as well as the next theme are areas for discussion and feedback from the group this evening. This covers many pieces of this process including how we are communicating with owners/applicants, posting submission deadlines on the website, and linking applications between planning and building divisions. In progress items include standardizing comments, updating standard drawings and posting on website. Staff is also investigating necessary code modifications that could streamline the review process. Staff Reports and Recommendations A survey was conducted with boards and commission and City Council. Very specific conversations have been held at board and commission meetings. Staff reports are very different depending on the reviewing body. Staff wanted to determine how staff reports and recommendations can be helpful and how to tailor it to the needs of the reviewing body. Next steps would be to implement changes requested by the boards and commission. That also includes the topic of the level of details required for engineering, transportation and mobility and defining that. A lot of engineering information is currently required at the planning stage. Some of that could possibly be required at the building review stage. The determination needs to be made as to what the compromise is that allows staff to be confident the project would work but would not require the significant investment of 80% engineering. Ms. Rauch shared the survey results from the board and commission survey. There were a series of questions asked that looked at how information is provided in a staff report, how clear that Confidential Information - For Board Use Only - Do not Redistribute Page 60 of 1516 Joint Work Session Minutes of Council, PZC and ARB October 16, 2024 Page 7 of 10 information is, how clear the scope of what the body is reviewing is, and what other things would be helpful to be included. A question was also asked regarding staff recommendations. Respondents shared that information is clear. There was a lot of agreement that more clarity could be provided on concept plans. Comments were received about ensuring continuity between the City vision and development proposals. There was feedback given that encouraged staff to look for opportunities to abbreviate the information. Additional information about how the other divisions engage throughout the process could be added. The majority of survey respondents felt that staff recommendations were helpful. Ms. Rauch summarized the survey responses regarding staff reports as follows: • Each Board and Commission has different informational needs • Opportunities to streamline information • Clarity around what the Board/Commission should focus • Integration of Envision Dublin information/recommendations • Provide information about previous items discussed with applicants • Importance of applicant engagement with neighborhoods • Majority of members expressed support for staff recommendations The second part of this survey sought feedback regarding presentations. Recently PZC has changed the order in which they hear presentations allowing the applicant to go first followed by staff. BZA has kept their order the same with staff presentations going first. Staff is trying to tailor these for the specific board or commission. There was a lot of discussion around making sure presentations include graphics and 3D modeling. Staff’s takeaways were to further refine presentations, not duplicate applicant presentation, help keep the board or commission focused, and the order in which presentations occur. Staff benchmarked recommendations with area municipalities and professional resources. Staff has determined that they will continue to provide a recommendation. A staff recommendation provides a level of transparency to applicants as they move through the process. Ms. Patt-McDaniel stated that she assumes applicants have a good idea of what conditions will be from staff. For ARB, applicants may not have public speaking experience but she thinks an applicant should be given the opportunity to go first because they will feel they have more agency. Applicants may see staff’s recommendation as biasing the Board. Ms. Rauch stated that is the hybrid approach that staff will employ with ARB. There are some applicants that feel comfortable going first, and some who do not. Ms. O’Callaghan stated applicants have asked to have a chance to tell their story Ms. Call stated PZC had similar conversation about staff recommendations. The perception of the applicant as well as the public is that the decision has already been made. Public comment could be impacted. PZC discussed whether the staff recommendation should be removed. Ms. Damaser stated the applicant also has the burden of proof and traditionally those people go first and they get to state their case and then staff can agree or share an alternative view. Mr. Alexander asked about the case manager and if there has been an evaluation of staff responsibilities and if the potential increase in workload factors in. Ms. Rauch stated that it will be an increase because an employee would be fielding inquiries that they may not have in the past, but the goal is not for that employee to have the answer to every question. They are the connection Confidential Information - For Board Use Only - Do not Redistribute Page 61 of 1516 Joint Work Session Minutes of Council, PZC and ARB October 16, 2024 Page 8 of 10 point to find the answer. Hopefully that will reduce other finding answers. These actions will need to be implemented and evaluated. Ms. O’Callaghan stated that she is passionate about this recommendation (case manager). Typically, when she gets involved, a developer has not received a satisfactory answer or has received conflicting information. One point of contact will save dividends on other projects, provide predictability and customer service. Mr. Alexander referenced the feedback regarding more context for code requirements. One of the best things he experienced on ARB, was staff had consultants write staff reports that were a tutorial on Code and how to apply it. It was a great way to provide some training without having a separate meeting. It could be helpful to have some sort of “why” behind the Bridge Street zoning code. Ms. Call stated that the Envision Dublin Community Plan with the Neighborhood Design Guidelines tell the “why” and show what the City desires and that is included in staff reports. Mr. Cotter referenced the Tiered Service action item and suggested staff make sure to present it in a way so that it does not feel like one party is being favored over another. Ms. Fox stated that so much of this is to provide predictability for the applicant. Many tools are utilized, such as the Code, Guidelines, Envision Dublin Plan, special area plans, etc. It takes a lot of time to understand all of that. She asked how staff help applicants to understand the abstract vision. Ms. Rauch stated that is part of initial meetings with applicants. Those meetings provide a good opportunity for staff to determine how to share that information and communicate it clearly throughout the process. Staff has talked about how to include that information more clearly and succinctly. Mr. Gracia stated that staff thoroughly reviews and evaluates processes among many divisions/departments. Mayor Amorose Groomes stated that she would like to reinforce that this process is about being very clear about the process, steps and expectations and not getting every application to approval. She does not want everyone to think that we need to say yes to everything. We do not. She said to board and commission members that this is a fantastic community because people just like you have sat in your seats and made tough decisions just like you. These are ways to help remove negative perceptions in the marketplace. Ms. Patt-McDaniel stated that she did economic development at the State level for many years. Removing cloudiness and making the process clear is uber important. Shepherding someone through the development review process in a community could be a waste of resources for the State. All of these proposals will make it easier for people who are coming to Dublin that are not currently in the state or region. There is a lot of opportunity in Dublin. To the extent that the process can be made clear, it should be done. Developers want to know what the game is and what the rules are. They will play by them as long as they know what they are. Ms. De Rosa stated when Amazon launched one-click buy, it seemed impossible and is now the standard. The goal is to keep standards but make it easy for people to follow them. This work does that. Ms. O’Callaghan stated there will not be any part of this process that will lower the bar. Transparency and fairness is what this is all about. Confidential Information - For Board Use Only - Do not Redistribute Page 62 of 1516 Joint Work Session Minutes of Council, PZC and ARB October 16, 2024 Page 9 of 10 Mr. Boggs shared potential code modifications. Some of the stakeholder feedback was able to be implemented administratively. Some will require action by the people in the room this evening in one way or another because it will require changes to the Code. Two points of stakeholder feedback were: • Focus on vision and reduce Code specificity; and • Opportunity to reduce the form-based Code restrictions. He would like to approach this in the spirit that it was intended, which was to make sure that we are focusing on what is essential to get a high-quality product. People talked about creativity, personality and innovation. There are things in the Code that may be too prescriptive. There are two pillars that staff have identified as opportunities. The first one is about Concept Plans and the second is with regard to the Bridge Street Code and differentiating code and guidelines. Currently the City has a three-step review process, generally speaking. For many years, the Planned Unit Development (PUD) has been the cornerstone of how development has happened. The PUD process begins with a concept plan that may have some form in terms of architectural inspiration and site layout. The applicant is looking for honest and open feedback from PZC about what that level of support there is for use, layout and general architectural style. In the Bridge Street and Mixed-Used Regional (MUR) and Historic Districts, the Concept Plan is a decision step. There is a vote taken at the end of the presentation and if the vote is negative, then that application stops in its tracks. Staff and legal have discussed code modifications for the Concept Plan to make it so that the process is consistent in the Bridge Street District, MUR and Historic District the way it is used with the PUD. An applicant could then decide to move forward to a Preliminary Development Plan if they so chose. A benefit of this is that it will encourage more free- flowing dialogue because, while it will be tethered to the Community Plan, there will not be criteria to focus on creating a record around because the next stage would be an administrative appeal. Another benefit would be that it streamlines the process. Before Concept Plans, applicants often begin with an Informal Review creating a four-step process. The next code change is to the Bridge Street code itself. The conversation around this began years ago. There is a desire to have guidelines but leave room for innovation. Mr. Deschler sought confirmation that applicants would still the have option for Informal Review. Ms. Rauch answered affirmatively. Mr. Deschler asked how much waiver backlog the code modification would assist with. Mr. Boggs stated one of the challenges with the waiver process is that people think a waiver is a variance. A waiver in the Bridge Street District is not intended to be a variance. Mayor Amorose Groomes stated that a waiver can be a good thing. Mayor Amorose Groomes stated that moving forward, this discussion will continue in upcoming individual meetings. The point of this evening was to introduce these concepts and the work that has been done. Board/Commission Reporting Ms. De Rosa stated that due to the late hour, the boards/commission reporting may continue at a different meeting. She thanked everyone for joining the boards and commissions and expressed appreciation for staff. Each year, the PZC, BZA and ARB provide a written report/update to City Council. In that report they give background about cases they’ve reviewed and what they need from Council. Going forward, at the joint meeting, there will be opportunity to have that discussion. She then asked Ms. Call to explain what might be the subject of a report. Ms. Call stated that the last time we were together, there was discussion about lines of demarcation - which boards/commission are responsible for what. There is no predictability when PZC is talking about school enrollment or utility requirements. Keeping focus on what each body is responsible for allows the Confidential Information - For Board Use Only - Do not Redistribute Page 63 of 1516 Joint Work Session Minutes of Council, PZC and ARB October 16, 2024 Page 10 of 10 process to keep moving forward. City administration executes, each board or commission has roles and responsibilities. If PZC operates outside of our purview, it is at a detriment to the whole process. This year, PZC saw 588 acres of development. They looked at 40 separate cases ranging from administrative code reviews to amended Final Development Plans and everything in between. Those 588 acres of the City’s approximately total 16,000 acres is a significant percentage. They did see some very interesting projects, such as a film studio and a new headquarters. Everyone is here because they love the City of Dublin. With PZC’s 40 cases and an average of 2 hours per meeting, it was a labor of love. We can see from previous years successes like a hospital under construction and a hospital fully operational with an expected expansion, a funeral home, additional headquarter offices that are currently thriving, why PZC takes the larger overview rather than the myopic case by case review. PZC is appreciative of the roles each board plays. It is in meetings like these, that we can see how we work better together to continue to make Dublin the place we want to grow. Ms. Kramb, as City Council’s liaison to ARB, welcomed new planning commission members. She thanked Mr. Alexander for his service on ARB. ARB has done a lot of work on the Code this year that is improving the historic district. Mayor Amorose Groomes thanked all members. She recognized that time is money and everyone has given a lot of their time. That is a tremendous investment in this City. She looks forward to continuing these conversations and the work easing pain points. The joint work session was adjourned at 8:10 p.m. Mayor, Dublin City Council Chair, Planning and Zoning Commission Chair, Architectural Review Board ______________________________ Chair, Board of Zoning Appeals Deputy Clerk of Council Confidential Information - For Board Use Only - Do not Redistribute Page 64 of 1516 DRAFT      MEETING MINUTES Planning & Zoning Commission Thursday, November 14, 2024 CALL TO ORDER Chair Call called the meeting to order at 6:30 p.m. in Council Chamber and welcomed everyone to the November 14, 2024 Planning and Zoning Commission meeting. She stated that the meeting also could be accessed at the City’s website. Public comments on the cases were welcome from meeting attendees and from those viewing at the City’s website. PLEDGE OF ALLEGIANCE Ms. Call led the Pledge of Allegiance. ROLL CALL Commission members present: Rebecca Call, Jason Deschler, Kathy Harter, Dan Garvin, Jamey Chinnock, Kim Way Commission members absent: Gary Alexander Staff members present: Jennifer Rauch, Thaddeus Boggs ACCEPTANCE OF MEETING DOCUMENTS   Mr. Way moved, Mr. Deschler seconded acceptance of the documents into the record. Vote: Mr. Chinnock, yes; Ms. Harter, yes; Mr. Way, yes; Mr. Garvin, yes; Mr. Deschler, yes; Ms. Call, yes. [Motion carried 6-0.] Ms. Call stated that the Planning and Zoning Commission (PZC) is an advisory board to City Council when rezoning and platting of property are under consideration. In such cases, City Council will receive recommendations from the Commission. In other cases, the Commission has the final decision-making responsibility. Anyone who intends to address the Commission on administrative cases must be sworn in. Ms. Call explained the hearing process that would be followed. Ms. Call swore in staff and audience members who anticipated providing testimony. CASE REVIEW  24-102AFDP - MAG – Ferrari at 6321 Perimeter Loop Road Construction of a 3,065-square-foot building addition and associated site improvements. The 15.51-acre site is zoned Planned Unit Development District (PUD), Midwestern Auto Group, and is located southeast of the intersection of Perimeter Drive and Perimeter Loop Road. Planning and Zoning Commission DRAFT  Meeting Minutes – November 14, 2024 Page 2 of 5 Applicant Presentation Brad Parish, Archall Architects, 59 E. Third Avenue, Columbus, stated that he is representing the applicant’s request for the expansion of the MAG campus. They are proposing a 3,000+ SF service addition to the recently completed Ferrari showroom. Since 2020, when that construction was completed, there has been an increased demand for service. He stated that the existing 7,000 SF Ferrari showroom is in Subarea A of the PUD-MAG site. With this proposal, they would be adding to the south side of the building within the parking lot area, with the intent not to disturb the front façade.The addition will match the height of the existing building and will add five service bays with some parts storage and ancillary space for the service department. They will screen any new rooftop mechanicals that are needed. Like most of the MAG buildings, the front of the facility is comprised of a primary material. In the service area, a secondary material is used. The front of the façade is comprised of an alucobond metal panel. Around the service area, they will use a split face on the base with a stucco EIFS finish. The service area of the Ferrari building is a little more high end, so all glass doors will be used on the inside. The biggest challenge with this project is that the existing electric service must be re-located, which will be a big financial commitment for MAG to add these bays. They continue to meet the parking requirement and will provide screening for the newly relocated transformer. Staff Presentation Ms. Rauch stated that this is an Amended Final Development Plan (AFDP). The Commission has reviewed the previous stages of the development, and the amendment also requires the Commission’s approval. The project will require some minor site modifications in terms of removing parking spaces and relocating some utility pieces, but all remains in compliance with the development text. The project is consistent with the current development, and staff has determined the application meets the review criteria. Staff recommends approval with no conditions. Commission Questions Mr. Chinnock inquired if there will be roof top units (RTUs), and if so, if the parapet height would provide adequate screening. Mr. Parish responded that the height will be the same as the existing parapets. He does not anticipate an issue with screening any of the RTUs. There will be no RTUs on the big box component. Mr. Chinnock inquired if they would be matching the existing finishes. Mr. Parish responded affirmatively. They will be using a primary and secondary material, so the back of the service area on the main building will have a stucco EIFS finish. This will be necessary to be energy compliant. Mr. Chinnock inquired if the vehicles are not currently being serviced on campus. Mr. Parish responded that there is one bay in the big building, and it is insufficient to meet customer demands. Ms. Harter inquired if the intent is to replace the six dead evergreens on Venture Drive. Mr. Parish responded affirmatively. Ms. Harter inquired if he had contemplated incorporating solar panels in the design. Planning and Zoning Commission DRAFT  Meeting Minutes – November 14, 2024 Page 3 of 5 Mr. Parish responded that they have not contemplated them for this addition, but they have, overall, for the campus. He anticipates being before the Commission again in the future related to the use of electric vehicles (EV) and solar panels on the campus. Ms. Harter inquired if directional signage is needed for customers on the campus. Mr. Parish responded that in most cases, the car in need of service is picked up from the customer’s home. Commission Discussion PZC members indicated that they were supportive of the proposed project. Public Comment There were no public comments.   Mr. Way moved, Mr. Deschler seconded approval of the Amended Final Development Plan with no conditions. Vote: Mr. Chinnock, yes; Ms. Harter, yes; Mr. Way, yes; Mr. Garvin, yes; Mr. Deschler, yes; Ms. Call, yes. [Motion carried 6-0.] INFORMATIONAL ITEM  Proposed Code Amendments Ms. Rauch provided an overview of the following four anticipated Code amendment proposals:  Concept Plan Process and Procedures (Bridge Street, Mixed Use Regional and Historic Districts)  Innovation District 2 (ID-2) Requirements (West Innovation District)  Special Event Temporary Sign Requirements (sign provisions)  Public Nuisance Regulations Concept Plan Process and Procedures Ms. Rauch stated that the Concept Plan Process amendment was proposed at the joint work session. This amendment and the amendment to Innovation District 2 Requirements are aligned with the Economic Development Strategic Plan. Currently in the Code, the Concept Plan varies; how the Concept Plan is used is very different depending on the district in which the site lies. In a PUD, the Concept Plan is non-binding discussion; in Bridge Street District, the Historic District and the MUR District, the Concept Plan is a determination. The intent is to make the Concept Plan review process consistent in regard to receiving non-binding feedback, regardless of the District. West Innovation District 2 Requirements Most Innovation District 2 development applications are handled by the Administrative Review Team (ART). There are a few instances where applications would come before the Commission, such as the application is not consistent with Code or there is a need for shared parking or a conditional use approval. Within the Innovation District, there are four districts. The standards for each are similar, but the scale of development, what uses are permitted, dimensional standards and the intensity of development varies by the district. The intent is to modify the ID2 use standards to clarify the Flex Office requirement; allow warehousing, wholesaling and distribution as a Planning and Zoning Commission DRAFT  Meeting Minutes – November 14, 2024 Page 4 of 5 permitted use. To offset that, the intent is to look at the development standards and require increased setbacks and more robust landscaping buffers for those areas adjacent to residential development. Special Event Temporary Signs They are working with the Events Department to ensure the Code aligns with the current practice. Public Nuisance Regulations Minor clarifications are being made regarding premise conditions, including how properties must be maintained; vehicle parking in residential areas, specifically commercial and recreational vehicles; and required screening of trash receptacles. Receptacles can be kept in garages, but also on the side of the house, using landscaping for screening. The proposed amendment also would allow fencing or walls as an alternative to landscaping. Ms. Rauch invited Commission comments or recommendations for consideration. Commission Discussion Ms. Call suggested that Planning staff obtain feedback from the Public Safety department concerning the potential need to broaden the scope of public nuisance in regard to parking in residential areas and the public safety concerns of critters accessing garbage cans that are screened only by landscaping. In regard to the Innovation District 2 amendment, she suggested that staff look at primary use of warehousing versus ancillary use of warehousing. Per Mr. Deschler’s inquiry, Ms. Rauch provided clarification of the current Concept Plan review process versus the proposed amendment. Mr. Deschler inquired what view the landscaping screening for trash receptacles is intended to block – the view from the street or neighbors’ views? Ms. Rauch indicated that the Code requires: “Recycling and waste containers shall be placed inside the garage of a residence or to the side or rear of the residence that is shielded from view of any adjoining property occupants and any street by natural landscaping barrier.” It also requires that it be maintained with 100% opacity year-round. The issue is that landscaping takes a while to grow to full opacity, whereas a fence with a gate would fully enclose it. Mr. Deschler inquired if the proposed amendment would permit a homeowner to build a small fenced area on their property to screen the trash cans. Ms. Rauch responded affirmatively; it would be limited to around the trash can only. Mr. Deschler inquired how that would align with those neighborhoods that do not allow any type of fence. Ms. Rauch responded that it would be similar to what it is now. If a homeowner requests a fence, it is reviewed from a zoning perspective. If the deed restrictions or homeowner (HOA) rules and regulations are different, that is for the HOA to enforce. Mr. Deschler inquired if a neighbor could report a trash screening violation of another neighbor. Ms. Rauch responded affirmatively. Mr. Deschler stated that a fenced trash enclosure adjacent to or behind a house potentially could be more of an eyesore. Mr. Boggs stated that in terms of bringing this back for the Commission’s consideration, Commissioners have identified some items that should be considered regarding the additional aesthetic and process considerations that need to be in place to ensure these potential fenced areas are not problems. Planning and Zoning Commission DRAFT  Meeting Minutes – November 14, 2024 Page 5 of 5 Mr. Way inquired if guidance could be incorporated into the Neighborhood Design Standards concerning how to locate appropriately an enclosure for trash. Mr. Boggs responded that it would be important to address that in that particular document. It would be similar to the document’s existing guidance regarding air conditioning units. Ms. Call stated that complying with the sideyard setbacks would be essential. Ms. Rauch responded that every neighborhood has its own setback requirements that must be met. Fenced trash enclosures currently are permitted in the Historic District, so we can compare the situations and requirements. Mr. Way stated that with the issue of off-the-shelf plastic fences, the material component should also be addressed. Ms. Harter stated that in regard to the amendment concerning temporary signage, incorporate consideration of opportunities or need for lighting. She is curious if banners would be a type of temporary signage. Additionally, she believes that HOAs should be involved in the discussion re. public nuisance regulations for trash receptacles. Another opportunity she would suggest staff consider is enclosures for large delivery items. Ms. Call suggested that when these proposed Code amendments are scheduled for Commission consideration, that the information for each include what the amendment would cover and not cover. Mr. Way suggested that it be clarified to applicants that the Concept Plan review is non-binding, as the applicants sometimes are confused about the feedback they receive from the Commission. There should be clarity as to what the applicant needs to provide at each development review stage. Ms. Call stated that if the applicant submits more information than is required for a Concept Plan, staff’s report should clarify the components of the proposal that are being addressed by the Concept Plan review, re-focusing the Commission’s discussion on the requirements for that stage of the review process. Mr. Chinnock stated that if the applicant chooses to spend more money to provide more details in hopes of obtaining more feedback, that is his choice. Commissioners had no additional suggestions for the future proposed Code amendments topic. COMMUNICATIONS  The next regular PZC meeting is scheduled for Thursday, December 12, 2024. ADJOURNMENT The meeting was adjourned at 7:16 p.m. Chair, Planning and Zoning Commission Assistant Clerk of Council