142-99 Ordinance RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No 30043
Ordinance No......1.42-99...(Amended)..(Corrected) Passed
An Ordinance Amending Portions of the Zoning Code to Regulate
Accessory Structures/Uses in the City of Dublin (Case 99-022ADM)
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WHEREAS, the City Council desires to adopt City-wide standards addressing
accessory structures/uses in order to provide for consistency and uniformity throughout
the City; and
WHEREAS, the Planning and Zoning Commission reviewed the proposed amendments
on March 4, 1999, October 7, 1999, and January 20, 2000 and recommends approval;
and
WHEREAS, the Board of Zoning Appeals reviewed the proposed amendments on
February 26, 1999 and September 23, 1999 and recommends approval; and
WHEREAS, the current Code is ambiguous with regard to the regulation of accessory
structures including swimming pools; and
WHEREAS, the current Code does not provide regulations regarding maximum lot
coverage in residential zoning districts; and
WHEREAS, it is the desire of City Council to address these concerns to the maximum
extent possible, while at the same time respecting property owners' rights; and
A~
WHEREAS, the City must continue to evaluate and improve residential character; and
WHEREAS, it is necessary from time to time to update and modify the Zoning Code;
and
WHEREAS, the ordinance includes a maximum size for detached garages, sheds, or
other storage structures, as directed by Council;
NOW, THEREFORE, BE IT ORDAINED, by the Council of the City of Dublin, .
State of Ohio, ~ of the elected members concurring that:
SECTION 1. That Section 150.003 be amended to read as follows:
A building permit is required for swimming pools over 18 inches in depth and/or 100
square feet in area. The following standards are to be met:
RESIDENTIAL AND PRIVATE SWIMMING POOLS:
(A) Submission of a scaled plot plan showing all necessary area, lot coverage, setback,
and yard requirements. Swimming pools, including all associated equipment, shall be
constructed within the permitted buildable area of the lot, to the rear or side of the
principal structure, at least ten feet from the main building. They shall not be placed
within a required side yard, required rear yard, or other restricted area of a lot.
(B) Only below-grade swimming pools are permitted in the City of Dublin. Hot tubs
are permitted accessory structures, and may be either below or above grade, provided
that they do not exceed one-hundred (100) square feet in total water surface area, or
four and one-half (4.5) feet in depth or height as measured from finished grade. Hot
tubs, which exceed these size and height requirements, shall be considered swimming
pools and must be placed below the established grade. Hot tubs shall be secured with a
lockable cover or shall be entirely enclosed by a permitted fence with aself-latching
and lockable gate in accordance with Section 150.073. Inflatable or other temporary
RECORD OF ORDINANCES Page 2
D vton Legal Blank Co Form No. 30043
142-99 (Amended)
Ordinance No Passed
poo s are perms e prove e ey ave a maxunum p
the side or rear of the primary structure.
[Note: Section 150.003 (A) is to be repealed and existing (B) through (F) shall be
identified as (C) through (G).]
r~•r
SECTION 2. That Section 150.073 be revised to read as follows:
SWIMMING POOL FENCES: Swimming pools located within all districts of the
municipality shall be surrounded by a wooden or other permitted fence not less than
four feet in height, and all openings, doorways, and entrances into the pool area shall
be equipped with lockable, self-latching gates of height equal to the fence. Fences shall
be fabricated and located in accordance with Section 150.072 (Permitted Fences - to
become 153.076). The area of a swimming pool enclosure fence in a zoning district
which specifically restricts perimeter or rear yard fences (including, but not limited to,
planned unit developments), shall be no greater than three times the water surface area
of the pool.
SECTION 3. That the following definitions be added to Section 153.002 -
DEFINITIONS:
ABOVEGROUND POOL -Any confined body of water, with grim/deck elevation
more than one foot above the existing finished grade of the site, exceeding one hundred
(100) square feet in water surface area, and eighteen (18) inches in depth, designed,
used, or intended to be used for swimming or bathing purposes.
ATTACHED ACCESSORY USE/STRUCTURE -Any use and/or structure which
shares a foundation, is physically connected to, or immediately adjacent to, the
principal structure.
DECKING (POOL) -The concrete, cement, wood, metal, brick, or other material
surrounding a swimming pool.
LIVABLE AREA -The livable area of the principal use or structure shall be defined
as the total square footage of all rooms meeting CABO requirements for sleeping,
living, cooking, or dining purposes of a dwelling, excluding such places as attics,
basements (unless finished and meeting the aforementioned CABO requirements),
garages, and similar spaces.
SWIMMING POOL -Any confined body of water, with arim/deck elevation less than
one foot above the existing finished grade of the site, exceeding one hundred (100) .
square feet in water surface area, and eighteen (18) inches in depth, designed, used, or
intended to be used for swimming or bathing purposes.
SECTION 4. That the following language be added Section 153.071(B)(4) -LOT
AND YARD SPACE REQUIREMENTS -Maximum Lot Coverage:
(d) Structures, parking (including driveways), decks, patios, swimming pools,
sidewalks, and other hard-surfaced or paved areas shall not cover more than 45
percent of the total lot area within the following residential zoning districts:
R-l, Restricted Suburban Residential District
R-2, Limited Suburban Residential District
R-3, Suburban Residential District
R-4, Suburban Residential District
i`"'" R-10, Two-Family Residential District
(e) Unless otherwise required in a planned development text, structures, parking areas
(including driveways), decks, patios (including brick pavers), swimming pools,
sidewalks, and other hard-surfaced or paved areas shall not cover more than 50
percent of the total lot area within the following residential zoning districts:
Page 3
RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No Passed
YEAR
PUD, Planned Unit Development District (residential only)
PLR, Planned Low Density Residential District
PHR, Planned High Density Residential District
SECTION 5. Section 153.074 ACCESSORY USES AND STRUCTURES shall be
revised as follows:
Accessory uses and structures shall only be permitted in association with a principal use
or structure. The maximum cumulative area of accessory structures in a residential
zoning district, including swimming pools, shall not exceed 30 percent of the gross
floor area of the primary use (livable area for residential uses).
Maximum yermitted size of a detached garage, shed, or other storage structure.
The cumulative maximum size of a detached ag_rage(s), shed(s), or other storage
structure(s) in a residential zoning district shall be 720 square feet.
(B) Residential swimming pools. In the calculation of a swimming pool or hot tub as an
accessory structure, only the water surface area of a swimming pool shall be included
(Swimming pools and associated decking are considered impermeable surface for lot
coverage calculations). In all cases, the maximum size of a residential swimming pool
shall be limited to 1,500 square feet. All primary structures are permitted a swimming
pool of 500 square feet if yard space, lot coverage, and other related development
standards are met.
Swimming pools, detached garages, sheds, hot tubs, sport courts, tennis courts,
basketball courts, batting cages, gazebos, play structures with foundations, or other
similar structures as determined by the Zoning Administrator shall be classified as
accessory structures and shall be governed by the regulations of this Chapter. Open
and uncovered porches, attached decks, or at-grade patios (including those around
swimming pools) shall not be classified as accessory structures, but shall be considered
as impervious surface for the purpose of lot coverage calculations.
(C) Non-residential zoning districts. Accessory uses and/or structures within non-
residential zoning districts shall not exceed 25 percent of the gross floor area of the
primary use.
(D) Accessory use and structure defined. Section to be re-lettered.
(E) Required location in a residential zoning district. All accessory structures,
including swimming pools and associated decking, shall be constructed within the
permitted buildable area of a lot, behind all applicable setback lines, and to the rear or
side of the principal structure.
There shall be a minimum separation of ten feet between a swimming pool and the
~,s, principal structure. Swimming pools shall not be located within the front setback,
forward of any part of the house, or within required side yard, rear yard, or other
~ restricted area of the lot (e.g. a no-build zone).
No swimming pool accessory equipment, including but not limited to, pumping
equipment, filtering equipment, diving boards, or slides shall be located in any required
yard. All such accessory equipment shall be screened with evergreen landscaping to
the maximum height of the unit. The maximum permitted height of a diving board or
slide shall be 10 feet from the established grade, unless otherwise approved by the
Zoning Administrator.
__~a_._ . ~ _
RECORD OF ORDINANCES Page 4
Dayton Legal Blank Co. Form No. 30043
Ordinance No......1.~?.,t;;~~..;'.;..y,.1~.~r.;.~;'.;~.... Passed
`,'z~?~ti3d n%~ s;%~ir,~r~~ing pools iu residential areas. No swimming pool shall
tie so located, designed, operated, or maintained as to interfere unduly
with the enjoyment of the property rights of surrounding property owners.
Nuisances shall be pursued according to all applicable City Ordinances.
b) Swimming pool fences. Swimming pool fences shall be installed according
~ to Sections 150.073 and 150.072 (153.076).
a~~~ ~F3uild/No Disturb Zones shall remain free of all buildings, accessory structures,
:;.~~?~nming pools, related equipment, etc. All other plat requirements shall be met.
~i~ ..required location in other zoning districts. Section to be re-lettered.
~:~,~,:'!'ION 6. This ordinance shall take effect on the earliest date permitted by law.
i. •h.4fJed this~~day o^ , 2000.
_~~aye~r -Presiding Officer
Attest:
~
Clerk of Council
Sponsor: Planning Division
1 hereby certify that codes of this brdinance/Resofution were posted in the
tity of Qublin in accordance with Section T31.25 0# the {K~sio Revised Code.
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Qfa,ot'. rk of Council, D~.;hlin. 0liio
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DUBLIN PLANNING AND ZONING COMMISSION
RECORD OF ACTION
January 20, 2000
c1~'~~ c~H In~111.1~
Division of Plamdng
5800Shier-Rings Road
„e.'J»;3Gn, Rio 43016-1236
~e/TDD: 614-161-6550
Fax:614-761.6566
Web Site: www
dubla~.oh.us
The Planning and Zoning Commission took the following action at this meeting:
6. Code Amendment 99-022ADM -Accessory Structures and Swimming Pools
Request: Another review and recommendation on a pending Code amendment revising
the accessory structures regulations. City Council has requested that the Commission
consider establishing a [r~aximum size for detached garages and storage buildings within
residential districts. (Pending ordinance was tabled by Council for 30 days to study this.)
Applicant: City of Dublin, c/o Tim Hansley, City Manager, 5200 Emerald Parkwa}',
Dublin, Ohio 43017.
MOTION: To approve the establishment of a cumulative maximum size for detached garages
or storage buildings in a residential district of 720 square feet, as recommended by staff.
VOTE: 7- 0.
RESULT: This Code amendment will be forwarded to City Council witi~ a positive
recommendation.
STAFF CERTIFICATION
Chad Gibson
Planner
AS SUBNiiTTED TO COUNCIL
°2 7 FQR MEETING ON Z 0 0
i~~~~
Memorandum
TO: The File
c~
FROM: Anne Clarke, Clerk of Council
DATE: 3/8/00
RE: Ordinance 142-99
Following Council's approval of Ordinance 142-99, our office was notified that the
Planning Commission recommendation of October 7, 1999, reducing the maximum
residential lot coverage to 45 percent, was not incorporated into the revisions for this
ordinance prior to public hearing. This change was from the previous 50 percent
included when the ordinance was first drafted.
As it was Council's intent to adopt the recommendations of the Planning & Zoning
Commission, we have made the correction to this ordinance and attach this memo and the
Record of Action of Planning Commission of October 7, 1999 for further clarification.
• DUBLIN PLANNING AND ZONING COMMISSION
RECORD OF ACTION
October 7, 1999
Ctrl" OF DGFjLI
Division of Pla~aiing
5800 Shier-Rings Road
Dublin, Ohio 43016-1236 I ~
one/1DD:614-761-6550
~ ~V 1
Fax 614-761-6566
~b Site: www.dublin.oh.us
.rs
The Planning and Zoning Commission took the following action at this meeting:
1. Code Amendment 99-022ADM -Accessory Structures and Swimming Pools
Request: Review and recommendation of a Code amendment to regulate in-ground
pools and other accessory structures.
Applicant: Ciry of Dublin, c/o Tim Hansley, City Manager, 5200 Emerald Parkway,
Dublin, Ohio 43017.
MOTION: To approve this Code amendment w' several odi ations, including the
reduction of maximum residential lot coverage t 45 percent, and a development of a
formula to address the maximum fenced area "around'
VOTE: 7-0.
RESULT: This Code amendment will be forwarded to City Council with a positive
recommendation.
STAFF CERTIF CA ION
Chad Gibson
Planner
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-
emo
Date: February 17, 2000
To: City Council Me bers
~ From: Chad Gibson
RE: Ordinance 142-99 (Amended) Code Amendment -Accessory Structures, Lot
Coverage, & Swimming Pools
On January 3, 2000, City Council tabled this Code amendment (99-022ADM) so that
language could be included that placed a maximum size limitation on detached garages and
other such structures. After investigating this issue, staff included a 720 square foot size limit.
CDG
Attachments
AS SU6MITTEO TO COUNdL
2 GO FOR MEETING ON ~
~
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Minutes -January 20, 2000
Page 15
6. Code Amendment 99-022ADM -Accessory Structures and Swimming Pools
Chad Gibson said there was one minor change to this ordinance. The Commissioners informed
him that it was already after 11 o'clock. Mr. Gibson said City Council tabled this on January 6,
2000 for 30 days. It relates only to the size of a garage. Mr. McCash said this should be
considered if it is a brief item.
Mr. Gibson requested a maximum size restriction for residential storage structures, including
garages. He has done some research on other Codes, and staff recommends a maximum area of
720 square feet. This is about the area needed for athree-car garage.
r• Regarding a play structure, it is not a "structure" under the commercial code and does not require
a building permit.
Mr. McCash asked about bigger garages for 5-acre parcels or larger. Ms. Clarke said such
requests would be handled by the Board of Zoning Appeals as variances.
Mr. Eastep made a motion to approve this Code amendment, and Mr. Sprague seconded. Mr.
Harian, yes; Mr. Fishman, yes; Mr. McCash, yes; Mr. Lecklider, yes; Mr. Peplow, yes; Mr.
Sprague, yes; and Mr. Eastep, yes. (Approved 7-0.)