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68-99 Ordinance AMENDEDItalics-Existing RECORD OF ORDINANCES Non-Italics-Additions S~l~~ -Deletions sie,~x co. Ordinance 68-99 (Amended) Ordinance No .................................................................. Passed .................................................................., . AN ORDINANCE AMENDING PORTIONS OF THE ZONING CODE TO ESTABLISH OUTDOOR SERVICE AND AUTO-ORIENTED COMMERCIAL FACILITIES AS CONDITIONAL USES IN [ALL] COMMERCIAL DISTRICTS. WHEREAS, the Community Plan promotes a high quality built environment; and WHEREAS, outdoor seating areas, outdoor display areas, drive-in, or drive thru facilities are not adequately defined within the Dublin Zoning Code; and WHEREAS, the Council, and staff intended and interpreted outdoor dining areas or restaurant patio seating and outdoor market facilities to fall within the definition of "outdoor service facility"; and WHEREAS, the Law Director has advised that the Code be updated and revised with regard to drive-thru facilities, drive-in uses, and outdoor service areas; and WHEREAS, consistent administration requires that the Zoning Code be amended regarding outdoor commercial activities; and WHEREAS, outdoor service areas may increase noise levels and visual clutter within the surrounding area; and WHEREAS, auto-oriented commercial facilities may have increased lighting, noise, auto stacking, and/or traffic flow both on-site and within the surrounding area; and WHEREAS, gas stations, oil change facilities, and car repair shops have similar characteristics as other auto-oriented commercial uses and will now be considered conditional uses within several commercial districts; and WHEREAS, all auto-oriented and outdoor commercial uses may require special consideration in site planning and design; and WHEREAS, establishing outdoor commercial areas as conditional uses will require the Dublin Planning Commission to review such uses to ensure they are conducted in a manner that protects the health, safety, and welfare of the community; and WHEREAS, off-street stacking requirements are being created for auto-oriented facilities to increase vehicular mobility throughout the site and to eliminate stacked vehicles from spilling onto and clogging the surrounding street system; and WHEREAS, it is necessary from time to time to update the Code and to enact new standards; and WHEREAS, the Dublin Planning and Zoning Commission reviewed the proposed amendments on August 10, 2000 and recommends approval. NOW, TI~EREFORE, BE IT ORDAINED, by the Council, of the City of Dublin, State of Ohio, ~ of the elected members concurring, as follows: Section 1. That the following definitions be added to Section 153.001 and read as follows: OUTDOOR SERVICE FACILITY- An area that is not fully enclosed by solid walls and a roof and where services are rendered or goods are displayed, sold, or stored. For purposes of this section, outdoor service facilities include, but are not limited to outdoor dining areas, restaurant patios, outdoor storage areas, open-air markets, garden stores, and stand-alone parking lots. Italics-Existing RECORD OF ORDINANCES Non-Italics-Additions ~il~~ -Deletions Dayton Legal Blank Co. Form No 30043 Ordinance 68-99 (Amended) Ordinance No ................................................................... Passed .................................................................., ....................... !~""' +r... AUTO-ORIENTED COMMERCIAL FACILITY- A facility where a service is rendered or a sales transaction is made while the patron is typically not required to exit his/her vehicle, or a facility that includes services rendered directly on, to or for vehicles. Auto-oriented commercial facilities include, but are not limited to drive-thru restaurants, drive-in restaurants, automated teller machines (ATMs), drive-thru banks, drive-in movie theaters, car washes (all types), gas stations, facilities specializing in oil changes, car repair, establishments installing car accessories, other similar auto service facilities, and stand-alone parking lots. The sale of vehicles (new or used) is not included within this definition. Section 2. That Section 153.026(B)(1) be amended and read as follows: (1) -r~r Auto-oriented commercial facilities or outdoor service facilities. e- ~ Auto-oriented commercial facilities or outdoor service facilities developed in association with a permitted use. Section 3. That 153.027(B) be revised and read as follows: ~~~e sew=ise ~ta ~e~~ ~ ide ~ i € i ~ ;~ ~ ~-ne~e e~r~ ~~t~~.~re-~~ ~s '~ppen~ses~sk~d -a~5~lla a~sse i ~d i}i h ~ s a --er~x ~~ a~e~-~ ~l-tee (2) ~r~~e-i~-f~ei-- Auto-oriented commercial facilities or outdoor service facilities. ~~ Auto-oriented commercial facilities or outdoor service facility developed independently or in association with a permitted use. [Note: Section 153.027(B)(2)-(4) will be renumbered to Section 153.027(B)(1)-(3)] Section 4. That Sections 153.028(A)(1)(c) and 153.028(A)(3)(c) be revised as follows: (A)(1)(c) Automobile sales. 551 Motor vehicle dealers (new and used cars) 552 Motor vehicle dealers (used cars only) 553 Tire, battery, and accessory dealers (without installations) 559 Miscellaneous aircraft, marine and automotive dealers Section 5. That Sections 153.028(B)(1) and 153.028(B)(3)(b) be amended and read as follows: (B)(1) n~»~-~~ ~ ~~ ~~ ; y ~ ~',~'a~Auto-oriented commercial facilities or outdoor service facilities. ~~--Auto-oriented service facilities or outdoor service facility developed independently or in association with a permitted use. ~~e~= Italics-Existing RECORD OF ORDINANCES Non-Italics-Additions 5~1~ -Deletions Ordinance 68-99 (Amended) Ordinance No .................................................................. Passed .................................................................., ....................... (B)(3)(b) Automotive. 751 Automotive rentals, without drivers ,.,~~ o o~~o 0 Section 6. That Section 153.029(3)(c) be revised as follows: (3)(c) Automotive 553 Tire, battery, and accessory dealers (without installation) Section 7. That Section 153.029(B)(4) be added and read as follows: (4) Outdoor service facilities. Outdoor service facilities when developed independently or in association with a permitted use. Section 8. That Section 153.030(B)(5) be added and read as follows: (5) Outdoor service facilities. Outdoor service facilities when developed independently or in association with a permitted use. Section 9. That Section 153.034(B) and (B)(1) be added and read as follows: (B) Conditional Use. The following uses shall be allowed in the Office, Laboratory, and Research District, subject to approval in accordance with §153.236. (1) Auto-oriented commercial facilities. Auto-oriented commercial facilities when developed in association with a permitted use. [Note: The existing 153.034(B) Development Standards will now be classified as 153.034(C)] Section 10. That Section 153.058(B)(4) be replaced with the following definition: (4) AUTO-ORIENTED COMMERCIAL FACILITY- A facility where a service is rendered or a sales transaction is made while the patron is typically not required to exit his/her vehicle, or a facility that includes services rendered directly on, to, or for vehicles. Auto-oriented commercial facilities include, but are not limited to drive- thru restaurants, drive-in restaurants, automated teller machines (ATMs), drive-thru banks, drive-in movie theaters, car washes (all types), gas stations, facilities specializing in oil changes, car repair, other similar auto service facilities, and stand- alone parking lots. The sale of vehicles (new or used) is not included within this definition. Section 11. That Section 153.058(C)(7) of the Dublin Codified Ordinances, permitting drive-in commercial uses within Planned Commerce Districts, is repealed. Section 12. That Section 153.058(D) and 153.058(D)(1) and (2) be created and read as follows: ~* ww Italics-Existing RECORD OF ORDINANCES Non-Italics-Additions lc~rengk -Deletions Ordinance 68-99 (Amended) Ordinance No ................................................................... Passed .................................................................., ....................... (D) Conditional Use. The following uses shall be allowed within the Planned Commerce District, subject to approval in accordance with 153.236. (1) Auto-oriented commercial facility. Auto-oriented commercial facilities when developed independently or in association with a permitted use. (2) Outdoor service facilities. Outdoor service facilities when developed independently or in association with a permitted use. [Note: The existing Sections 153.058(D)-(H) will now be classified as Sections Section 13. That Section 153.208(B) be replaced with the following language: (B) Stacking Areas. All auto-oriented facilities shall provide at least eight off-street stacking spaces unless otherwise noted below. Drive-thru restaurant Drive-thru convenience store Car wash (all types) Drive-thru bank Automated teller machine Oil changing facilities Gas station 12 spaces per window 12 spaces per lane 12 spaces per lane 8 spaces per lane 8 spaces per machine 5 spaces per window bay 5 spaces per gasoline pump Section 14. This Ordinance shall take effected and be in force from and after the earliest date permitted by law. Pa e i ay ofd}' 2000. ayor- re i mg icer Attest: ~t~rv~ Clerk of Council Sponsor: Planning Division 1 hereby certify that copies of this Ordinance~Resolution were poster City of Dublin in accordance with Section 731.25 of the Uft'so Revised Clerk Coun:il, Dublin, Ohio in the Code.