HomeMy WebLinkAbout61-00 Ordinance AMENDED RECORD OF ORDINANCES
Da on Le al Blank Co. Form o. 43
Passed
Ordinance No. Ordinance._61-00 Amended
AN ORDINANCE TO RESTRICT PARKING IN RESIDENTIAL ZONING
DISTRICTS
WHEREAS, the Dublin City Council has requested the Zoning Code be amended to better
regulate commercial and recreational vehicles within residential neighborhoods; and
WHEREAS, commercial vehicles infringe upon the character of a neighborhood and
could create unsafe conditions within residential areas; and
WHEREAS, the Dublin Traffic Code was recently amended to better address the parking
of commercial vehicles on public rights-of--way; and
WHEREAS, the current Dublin Zoning Code does not adequately address the parking of
recreational vehicles within residential neighborhoods; and
WHEREAS, outdoor storage of recreational and commercial vehicles presents health and
safety risks and detracts from a residential area; and
WHEREAS, enclosing recreational vehicles will increase safety and enhance the overall
aesthetic quality of the community; and
WHEREAS, requiring a valid registration and license will help ensure vehicles are
maintained in operable condition; and
WHEREAS, removing inadequately maintained vehicles from the City will eliminate any
potential danger these vehicles could create; and
WHEREAS, it is necessary from time to time to enact new standards to promote the
health., safety and welfare of the community; and
WHEREAS, the Board of Zoning Appeals reviewed this ordinance on January 25, 2001
and recommends approval with the suggestions to allow limited sized commercial vehicles
within garages and to allow boats outside for a specified time period during the boating
season; and
WHEREAS, the Planning and Zoning Commission reviewed this ordinance on February
15, 2001, and it was discussed at length, and made no formal recommendation; and
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 153.207 of the Dublin Codified Ordinances be revised to read as
follows:
SECTION 153.207 PARKING IN RESIDENTIAL DISTRICTS
A) Definitions. For purposes of this section, the following definitions will apply.
4..
1) 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.
RECORD OF ORDINANCES
Dayton Legal Blank, Inc. Form No. 30043
Ordinance No. Passed 20
age 2
2) Recreational vehicle. Any motorized vehicle and/or associated non-motorized
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 are also included within this definition.
3) Personal Automobile. Any vehicle that seats less then 10 passengers, is registered
as a passenger vehicle or anon-commercial truck, and used for the sole purpose of
transporting resident(s) and guests(s) to and from daily activities.
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.
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.
Personal Automobile. The following restrictions apply to personal automobiles.
1) 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.
2) 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.
3) Maintenance/Condition. All inadequately maintained personal automobiles shall
be removed from the residential lot, or located entirely within an enclosed garage.
"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.
Exemptions.
1) 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.
2) Construction/Delivery. Section 153.207(B) 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. Section 153.207(B) 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.
RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No Passed
Section 2. That Section 153.073(2)(a)-(c) be deleted in its entirety.
Section 3. That Section 153.073(B)(j) (Home occupation) be revised to read as follows:
(j) All automobiles used by customers shall be parked in the driveway or along the street
curb abutting the premises, unless other more satisfactory arrangements are required and
approved by the Board of Zoning Appeals after a public notice and hearing. Home
occupation parking on non-curbed streets is prohibited. No truck other than one van-type
truck may be used in connection with a home occupation. If this vehicle is stored on-site, it
must be enclosed by a structure so that the vehicle cannot be entered upon or seen from an
adjacent lot or street.
Section 4. That this Ordinance shall take effect and be in force from and after the earliest
date permitted by law.
Pa d thi ~ay of 001
Ma dig f icer
TT ST:
er o ouncil
"w°' ; 09/11/01
1 hereby cr~rtify that copies of this ~rti°nance/R:ssnlation nAstPrl .n thµ~
Cify of Dublin in accordance with Sactso:o 731.5 pf ,fsn )ty,~ 1;,,~;;$Q;! Cnrfv
at {cxrncl±, Dublin, Qhio
Division of Planning
5800 Shier-Rings Road Dublin, Ohio 43016-1236 Memo
CITY OF DUBLIN Phone: 614-410-4600 Fax: 614-761-6566
To: City Council
From: Tim Hansley, City Manager
Date: September 11, 2001
Re: Zoning Code amendment for parking in residential districts,
Ordinance 61-00 (Amended)
Initiated by: ~;~')3obbie Clarke, Director of Planning ~
At its last meeting, City Council requested that this Code amendment be scheduled for public
hearing on September 17, 2001. The ordinance is forwarded with no recommendation from the
Planning and Zoning Commission.
This ordinance addresses commercial off-street parking in residential areas. It includes the
provisions that were added to the Traffic Code as well as several others. The current Zoning Code
contains several conflicting sections on this issue, and the ordinance attempts to resolve these.
These include:
• The Zoning Code states that a commercial or recreational vehicle, to be legally
stored on a residential lot, must be screened as nearly as practicable from public
view.
It also permits up to four commercial vehicles to be parked at a residence.
• The home occupation section of the Code permits one commercial vehicle being
used for that business to be parked on the residential premises.
• The off-street parking and loading regulations also prohibit parking of "commercial
or other vehicle that infringes on residential character."
• There are also some regulations that permit parking of campers or other trailers for
up to two weeks. Otherwise, trailers must be housed within a structure.
Ordinance 61-00 (Amended) would move all the commercial parking requirements in residential
zones to the same part of the Zoning Code. Generally, commercial and recreational vehicles will
need to be housed in a garage under this proposal. Additionally, because parking is an accessory
use in a residential area, language was added to help ensure that the parking structure would
maintain at a residential scale by limiting the height of the garage door to nine feet in height.
Council Memo
Ordinance 61-00 (Amended)
Page 2
An amended version of Ordinance 61-00 was submitted to the Planning Commission for review
on February 15, 2001. It generated a long and somewhat heated Commission discussion. There
was little support for it among Commissioners, and they offered a series of suggestions on how the
issue should be handled. See meeting minutes from February 15, 2001. In the end, a motion for
approval was offered with three conditions to be incorporated into the ordinance. (That the
maximum garage door height be raised to 10 feet, that the ordinance apply to all recreational
vehicles as well permitting overnight sleeping in motor homes, and that a home occupation be
allowed to store one truck within an enclosed structure on the lot.) That motion failed by a
Commission vote of 3-4, and no further motion was introduced. This officially translates as "no
recommendation" from the Commission. Asuper-majority of Council is not necessary to pass the
ordinance. None of the three conditions were incorporated into the ordinance as forwarded.
A recommendation is noted in the "Whereas" clause related to the BZA review, to liberalize boat
storage regulations. The staff did not include this in the ordinance due to ongoing Code
Enforcement problems and neighborhood expectations.
BOARD OF ZONING APPEALS
BOARD ORDER
January 25, 2001
_CI"I'l (1F 111 FtLI\
,..,Qivisaa of Pkaning
X800 Shier-Rings Road
lin, Ohio 43016-1236
F'hone/TDD: b14-410-4600
Fax: 614-761-6566
Web Site: www.dubNn.oh.us
The Board of Zoning Appeals took the following action at this meeting:
2. Code Amendment 00-117ADM -Residential Parking Code
Request: Review and recommendation of a Code amendment to regulate parking
in residential districts.
Applicant: City of Dublin, c/o Timothy Hansley, City Manager, 5200 Emerald
Parkway, Dublin, Ohio 43017.
Staff Contact: Holly Susong, Planner.
MOTION: To provide a favorable recommendation with two suggestions:
1) That this Code amendment allow boats outside for a specified time period during
the boating season; and
2) That the Code be revised to allow limited sized commercial vehicles such as a
pick-up truck to be located within an enclosed structure.
VOTE: 5 - 0.
RESULT: This Code amendment was given a favorable recommendation.
RECORDED VOTES:
Brent Davis Yes ~ -
Laurie Elsass Yes
Shelly Petite Yes
Chester Porembski Yes
Todd Zimmerman Yes
STAFF CERTIFICATION
Barbara M. Clarke
Planning Director
Itili ~lll(1'~
Ii1~;G1~'1'F;1?F.U
Division of Planning
5800 Shier-Rings Road Dublin, Ohio 43016-1236 Memo
CITY OF DUBLIN Phone: 614-410-4600 Fax: 614-761-6566
To: City Council
From: Tim Hansley, City Manager
Date: August 6, 2001
Re: Zoning Code amendment for parking in residential districts,
Ordinance 61-00 (Amended)
Initiated by: Bobbie Clarke, Director of Planning
Request for direction. At its last meeting, City Council requested a status report on this Code
amendment. The ordinance was advertised, in error, as a second reading and public hearing on the
August 13 Council agenda. This memorandum is intended to provide a synopsis and the status of
the pending "residential parking code" ordinance. Attached are both drafts of the ordinance and
the Planning Commission minutes. Following any input from City Council, this ordinance will
be redrafted and properly scheduled.
Status. Two ordinances were prepared by the Law Department to address commercial parking in
residential areas. The amendment to the Traffic Code was passed. Ordinance 61-00 is an
amendment to the Zoning Code, and it was referred to the Planning and Zoning Commission for
a recommendation.
,~-.t
The Planning staff reviewed the Zoning Code amendment from the Law Department. The staff
revised this Code amendment to address several related Code Enforcement issues. The current
Code contains several conflicting sections that cover parking of non-passenger vehicles in a
residential zone. These include:
• It states that a commercial or recreational vehicle, to be legally stored on a
residential lot, must be screened as nearly as practicable from public view.
• It also permits up to four commercial vehicles to be parked at a residence.
• The home occupation section of the Code permits only one commercial vehicle
being used for that business to be parked on the residential premises.
• The off-street parking and loading regulations also prohibit parking of "commercial
or other vehicle that infringes on residential character."
• There are also some regulations that permit parking of campers or other trailers for
up to two weeks. Otherwise, trailers must be housed within a structure.
The current Code does not define the terms being used. "As nearly as practicable" has generated
complaints from neighbors as being ambiguous and an inadequate enforcement standard in a
neighborhood. The staff has attempted to reconcile these conflicting provisions to improve
consistent administration and enforcement.
The staff-initiated amendments to this ordinance would move all the commercial parking in
residential zone requirements to the same part of the Zoning Code. Generally, commercial and
recreational vehicles will need to be housed in a garage under this proposal. Additionally, because
parking is an accessory use in a residential area, language was added to help ensure that the parking
structure would maintain at a residential scale by limiting the height of the garage door to nine feet
in height.
An amended version of Ordinance 61-00 was submitted to the Planning Commission for review
on February 15, 2001. It generated one of the most energetic Commission discussions in recent
memory. There was little support for it among Commissioners, and they offered a series of
suggestions on how the issue should be handled. After much discussion, a motion for approval was
offered with three conditions to be incorporated into the ordinance. (That the maximum garage
door height be raised to 10 feet, that the ordinance apply to all recreational vehicles as well
permitting overnight sleeping in motor homes, and that a home occupation be allowed to store one
truck within an enclosed structure on the lot.) That motion failed by a Commission vote of 3-4,
and no further motion was introduced.
The issue has lagged without resolution due to staffing. This was Holly Susong's case, and she
was in the process of drafting another revision of this ordinance. However, she resigned shortly
thereafter, followed just a bit later by Kyle Ezell. Both positions have been vacant since that point
[but should be filled by the end of the month]. The ordinance will be redrafted to meet Council's
direction.
.~..b
PLANNING AND ZONING COMMISSION
RECORD OF ACTION
t?l' ltt ltl.l~
FEBRUARY 15, 2001
n~ Division o{ Planning
5800 Shies-Rings Road
ublin, Ohio 43016-1236
Phone/T00:614-761-6550
fax: 614-761-b566
Web Site: www-dublin.oh.us
The Planning and Zoning Commission took the following action at this meeting:
2. Code Amendment 00-117ADM -Residential Parking Code
Request: Review and recommendation of a Code amendment to regulate parking in
residential districts.
Applicant: City of Dublin, c/o Timothy Hansley, City Manager, 5200 Emerald Parkway,
Dublin, Ohio 43017.
MOTION: To approve this application because it clarifies the language within the current Code
and promotes the health, safety, and welfare of the community with three conditions:
1) That commercial vehicles may be stored in a garage provided the garage door is
no taller than ten feet in height;
2) That Section 153.207(E) be revised to apply to all recreational vehicles and to
allow overnight sleeping in motor homes; and
3) That Section 153.073(B)(j) be revised to allow one truck in conjunction with a
home occupation if stored within an enclosed structure.
VOTE: 3-4.
RESULT: The motion failed. The Commission suggested referring this Code amendment to a
Planning Commission subcommittee to discuss how to better define commercial vehicles.
STAFF CERTIFICATION
I ~
/L~'t~~~
Holly S s ng J
Planner
8t![t~AftTED 1r~? .
~ ~ ~nvo oN ~ /3 ~l
Dublin Planning and Zoning Commission
Staff Report -February 15, 2001
Page 3
2. Code Amendment 00-117ADM -Residential Parking Code
Request: Review and recommendation of a Code amendment to regulate parking in
residential districts.
Applicant: City of Dublin, c/o Timothy Hansley, City Manager, 5200 Emerald Parkway,
Dublin, Ohio 43017.
Staff Contact: Holly Susong, Planner.
UPDATE:
Due to the late hour, this case was postponed without a vote or discussion. Both the staff report
and ordinance have been revised to incorporate the applicable suggestions from the Board of
Zoning Appeals.
BACKGROUND:
Dublin City Council identified the need last year to examine the parking regulations in
residential districts. The current Zoning Code does not adequately regulate the location and
screening of commercial and recreational vehicles. The Traffic Code was amended in the last
few months to address on-street parking in residential neighborhoods, but it does not control on-
site parking on an individual residential property. City Council requested this Code amendment
to address this issue.
City Council referred this amendment to the Planning and Zoning Commission for a
recommendation, as required by Code. The Board of Zoning Appeals reviewed this ordinance on
January 25, 2001 and recommended approval of this ordinance with the following suggestions.
The Board recommended that limited sized commercial vehicles be allowed within residential
districts provided they are enclosed by a structure. The ordinance has been revised to
incorporate this suggestion. The Board also recommended that boats be permitted outside for a
specified time period during the boating season. This provision would be difficult to enforce and
would not promote the intended goals of this ordinance. This suggestion, therefore, was not
incorporated into the ordinance.
The Law Department has reviewed the ordinance as presented in this staff report. It will be
reviewed again by the Law Department before forwarding it to City Council for adoption.
CONSIDERATIONS:
• Both the current Zoning Code and this amendment define commercial vehicles as
vehicles used for business or commercial purposes, which infringe upon the residential
character of a neighborhood. This definition includes buses, cement trucks, dump trucks,
semi-tractors, or any other commercial-type vehicle licensed by the State of Ohio
Department of Motor Vehicles as a commercial vehicle or commercial truck. The
proposed Code prohibits commercial vehicles in residential neighborhoods unless they
are stored in a garage. The garage door may be no taller than eight feet in height.
Vehicles- used for delivery purposes are permitted within residential neighborhoods
during the time that the service is rendered.
Dublin Planning and Zonir~* Commission `
Staff Report -February 1 _ _ .001 ~ ,
Page 4
• Section 153.073(B)(j) (Home Occupation) allows one van-type vehicle to be used in
connection with a home occupation. This section, however, does not restrict where this
type of vehicle may be stored. The proposal will require this vehicle, if stored on-site, to
be enclosed by a structure.
The current Code definition of recreational vehicles has been a problem. For clarity, the
proposed amendment defines a recreational vehicle as a vehicle and/or associated non-
motorized equipment used for camping, traveling, boating, or other leisure activities.
This definition includes boats, travel trailers, campers, snowmobiles, wave runners, and
other similar vehicles, as well as trailers used to transport them.
• The current Code addresses recreational vehicles in both the General Development
l~ Standards and the Parking Code. Section 153.207(B) (Parking Code) prohibits campers
and trailers from being parked within residential neighborhoods for more than atwo-
week period. Section 153.073(2)(c) (General Development Standards) also states that
motor homes, trailers, boats and other non-private passenger vehicles shall, as nearly as
practicable, be concealed from public view. This language is vague and difficult to
enforce. This amendment will delete any reference to these vehicles within the General
Development Standards to eliminate any conflicting regulations and to create a more
unified, user-friendly Code.
• A recreational vehicle, according to this amendment, may be stored on a residential
property provided it is fully enclosed by a structure. Guests at a residence may park a
recreational vehicle on that lot (outside) for up to 72 hours within any 30-day period,
provided that it is not be located within a required yard and/or no-build/disturb zone.
This standard is clearer and easier to enforce than the current regulations.
• All other automobiles must be parked on a hard surface and are prohibited within any
required side or rear yard and/or a no-build/disturb zone. They are also prohibited from
being parked on a lot without a principle structure. They must have a valid registration
and be in operable condition. Inadequately maintained automobiles must be removed
from residential lots.
STAFF RECOMMENDATION:
Requiring recreational vehicles and home occupation vehicles to be enclosed by a structure will
ensure they are properly stored and screened within residential districts. It will also assist in
limiting any negative impacts on a residential neighborhood. This revision clarifies the vague
language within the current Code and provides more straightforward standards that will make it
easier to control parking in residential districts. Staff recommends approval of this ordinance as
presented.
Bases:
1) This ordinance clarifies the language within the current Code.
2) This Code amendment promotes the health, safety and welfare of the community.
Dublin Planning and Zon' ~ Commission
Minutes -February 1 S, ~ t
Page 3
He said the first view is a four-a lake. A stone wall ns through the traf circle, and a
hillock with interactive water y is the focal point. he barn/shelter will ouse community
activities. The primary space ithin the park is for o n play as part of the uthwest area park.
Darren Myer, Myers Sc alenberger, said th unique water feature ~s oriented for maximum
visual impact. He sh ed several design s des. A boulder path rovides seating around the
water feature. Lau ng leprechauns will carved onto the face f the spQUting wal ,and there
will be water effe s. The water jets co be up-lit at night to rve as a backdro o the park.
Mr. Fite said e 270-foot diamet traffic circle at the nd of Woerner-T mple Road will be
landscaped both sides of the reet, creating a ring ithin a square. pedestrian path links
the bikepa and sidewalk sy ms. A pasture an a mix of colorf flowers are planned. A
stone rui will be integrated ' to the design.
Mr. step said it was a great job. Mr. Lecklider thanked everyone.
%~2. Code Amendment 00-117ADM -Residential Parking Code
Holly Susong said City Council requested changes to the residential parking regulations. She
said the current zoning Code does not adequately address the location and the screening of
commercial and recreational vehicles. The traffic Code was recently amended to address on-
street parking in residential areas, and this addresses off-street parking in neighborhoods.
Ms Susong said commercial vehicles are defined as those used for business or commercial
purposes which infringe upon the residential character of the neighborhood. This includes buses,
cement trucks, semi-tractors, and any other vehicles licensed in Ohio as commercial vehicles or
trucks. This proposed amendment would prohibit parking these commercial vehicles in
residential neighborhoods unless they are in a garage. This also limits the garage door to a
height of eight feet to limit the size of vehicles being stored at a home. She said the BZA
suggested to allow limited sized commercial vehicles within residential neighborhoods. The
typical residential garage door is seven to eight feet tall.
Mr. Eastep said a standard full-size truck with a ladder rack would not fit through an eight-foot
high door, especially if there is a slope. He said there was no limit on the door size for storing a
pleasure boat. He thought the needs of a wage earner should be protected.
Ms. Susong said the goal is to maintain residential character, and size is a factor of character.
She said the current Code does not permit commercial vehicles in residential neighborhoods.
Mr. Eastep could support aten-foot maximum door height and asked how it could be enforced.
He wanted to assure that garage doors would be tall enough to handle commercial vehicles.
Ms. Clarke said staff was concerned that not all lots are big enough to support a garage of that
scale. The Code standards do not vary according to lot size. This amendment attempts to define
at what point a commercial vehicle becomes offensive. An eight-foot door permits something
larger than a passenger vehicle or standard pick-up truck. Staff thought the average Dublin
resident would not want a semi truck parked next door, in a garage or outside.
Dublin Planning and Zor~ ?Commission
Minutes -February 15, 2~~ 1
Page 4
Mr. Fishman said Ameritech employees bring mini-vans home, and they should not be forced to
park their personal cars in the driveway to store the mini-van in the garage. He said he did not
find residents' commercial mini-vans and step trucks offensive.
Ms. Susong said the current Code and proposed Code both say: "Commercial vehicles are
prohibited in residential districts." She showed several slides. She said Code currently states
"That boats or other recreational vehicles have to be screened as nearly as~ra~tical." Under the
proposed Code, boats or other recreational vehicles need to be in the garage.
Ms. Salay said a boat or RV that was parked outside for a few hours would be in violation.
Ms. Susong said the amendment defines recreational vehicles to include boats; wave runners, and
any other type of equipment used for camping, travelling, including snow mobiles, motor homes,
and other similar vehicles as well as the trailers that are used to transport them. She said the
current Code is very vague about recreational vehicles, and it is difficult to enforce.
This ordinance requires other automobiles to be parked on a hard surface located outside of any
required side and rear yard, no-build or no-disturb zones. No automobiles can be parked on a
vacant lot. She said staff believes that this ordinance will help Dublin's Code Enforcement and
promote the health, safety, and welfare of the community. She said staff recommends approval
of this ordinance.
M. Susong said a horse trailer is anon-recreational trailer and is defined under commercial
vehicles. Ms. Boring did not agree with this and suggested expanding the recreational vehicle
definition to include what was included in the current Code: and the like which does not
have motor power, but is designed to be drawn by another vehicle." Ms. Susong agreed.
There was some discussion of~parking in driveways, which is generally not permitted under the
current Dublin Code. Mr. Fishman thought driveway parking should be permitted, and this will
be especially burdensome on condo projects. He said a lot of Dublin residents have trucks with
commercial plates because they are self-employed. A pick-up truck is now basic transportation.
a
Mr. Fishman noted overnight sleeping in an RV was not permitted in the proposed ordinance.
He thought this did no harm. Ms. Susong said enforcement would be complaint-driven.
Ms. Salay had no problem with overnight sleeping, except when it continues for a month or two.
Mr. Fishman said the ordinance limited that to 72 hours. Mr. Lecklider and Mr. Eastep thought
this part of the ordinance is too restrictive.
Mr. Fishman said they need to look carefully at property rights of residents and something was
needed to differentiate a resident's Ameritech mini-van from other commercial vehicles.
Mr. Sprague said as written, a commercial conversion van cannot be parked in a garage due to
the garage door height. Ms. Susong said the garage door can be taller for personal vehicles.
Four Commissioners supported allowing recreational vehicles being parked in driveways for up
to 72 hours, including sleeping within them. Ms. Susong will delete the last line of Exemption 1.
Dublin Planning and Zorln~~ Commission
Minutes -February 15, 2oC~1
Page 5
Mr. Fishman complemented Ms. Susong's work, but he did not want to restrict people from
parking work vehicles in driveways.
Mr. Eastep said apick-up truck with a 95-inch wheelbase and a commercial tag, is considered
offensive, but aquad-cab, extended bed with a snowplow on it that has a 160-inch wheel base
without a commercial tag is okay. There is a problem with this ordinance. Dublin could not
park City vehicles in at the recreation center under it. He said this interferes with people making
a living, and he cannot support this ordinance.
Ms. Susong said she could increase the door height, but she thought this was consistent with the
direction from Council that Dublin wants some limits on commercial vehicles. She said tonnage
would be harder to enforce. Mr. Eastep suggested using a maximum of 8%2 feet or a wheel base
maximum of 177 inches. Ms. Boring said that was too technical.
Mr. Banchefsky said City vehicles have government plates, and he would have to check on
whether this meets the "commercial" definition.
Mr. Eastep said the ordinance did not restrict vehicles - it restricted license plates.
Mr. Sprague said some easily-enforced ordinances have been deemed unconstitutional. Ms.
Susong said Dublin's Law Director's office has signed off on this ordinance. Mr. Sprague said
easy enforcement should not be the primary goal. The results should be rationally related to a
legitimate municipal purpose.
Ms. Susong said a pickup truck could be kept in connection with a home occupation, but is has to
be in the garage, not in the driveway. Ms. Boring asked how this could be determined and
suggested that it read: "That one truck be used in conjunction with a home occupation if it can
be stored inside."
Ms. Boring said she knew Council was pushing for this. She thought the garage door height
should be ten feet high, and based on that, one truck would be allowed. Mr. Lecklider suggested
nine feet. Mr. Eastep supported ten feet, regardless of the type or types of vehicles being stored.
Anything lower is a property right infringement, in his view. Mr. Lecklider thought using ten-
foot high garage doors destroyed the intent of the ordinance.
Ms. Salay said if a vehicle is in the garage, behind a closed door, it will not bother anyone. Ms.
Boring said these things become a neighborhood nuisance and are parked in the street, driveway,
etc. She noted that Dublin's existing ordinance was more limiting. Ms. Susong agreed.
Ms. Susong said the Traffic Code recently adopted by Council prohibits parking commercial or
recreational vehicles on the street at any time in a residential neighborhood. Mr. Eastep said
"remain parked" is ambiguous. He asked if the new Traffic Code gave a 48-hour stipulation.
Ms. Susong did not know.
Ms. Susong asked for some direction if this is to be tabled. She said recreational vehicles
included sailboats and canoes.
Mr. Lecklider asked if boat storage in driveways is prohibited. Ms. Susong said it has to be in
the garage, except for 72 hours within a 30-day period. Mr. Lecklider said that should be
' Dublin Planning and Zor~ ~ Commission
Minutes -February 15, 2~~ 1
Page 6
increased during the season. Mr. Eastep said under the current exemptions, recreational vehicles
are allowed for 72 hours, so the ordinance is not changed. Mr. Lecklider said the proposed
ordinance limited it to one weekend per month.
Mr. Eastep said in the same section, "habitation" needed to be changed to "guest occupancy."
Mr. Eastep said Section 153.207 Commercial Vehicle Definitions - "Vehicles licensed by the
Ohio State Bureau of Motor Vehicles as a commercial vehicle" needs to be changed. It did not
cover out of state vehicles. He suggested "licensed by any state as a commercial vehicle". He
did note that all states have their own ways of categorizing commercial vehicles.
Mr. Lecklider asked Mr. Eastep to serve on a subcommittee.
Ms. Boring asked if the entire ordinance was going to be rewritten. She wanted to get this
moving. She said the City might be criticized for neglecting the neighborhoods.
Ms. Boring made the motion to approve this amendment because it clarifies the current Code
language and promotes the health, safety, and welfare of the community, with three conditions:
1) That commercial vehicles may be stored in a garage provided the garage door is no taller
than ten feet in height;
2) That Section 153.207(E) be revised to apply to all recreational vehicles and to allow
overnight sleeping in motor homes; and
3) That Section 153.073(B)(j) be revised to allow one truck in conjunction with a home
occupation if stored within an enclosed structure.
Mr. Fishman seconded the motion, and the vote was as follows, Mr. Eastep, no; Mr. Lecklider,
no; Mr. Sprague, no; Mr. Peplow, yes; Ms. Salay, no; Mr. Fishman, yes; and Ms. Boring, yes.
(Motion for approval failed 4-3.)
Mr. Lecklider again proposed a subcommittee. Mr. Eastep and Mr. Sprague agreed to serve.
Mr. Eastep asked that commercial vehicle definitions from other cities such as Fort Collins and
Hilton Head be checked. Ms. Susong agreed.
Ms. Clarke said this could be forwarded to Council as is. She asked if the Commission would
like to work on it further and re-review it, or would they like to be done with it. Mr. Lecklider
left the decision on a subcommittee and Council to staff and thanked Ms. Susong. Ms. Clarke
said staff will make this decision after giving it some thought.
3. Final Development Plan 00-126FDP -Ballentrae Subarea Q -The Lakes at Ballentrae
Carson Combs said this 21.075-acre site, zoned PLR, Planned Low Density Residential District,
is at the southeast corner of Shier-Rings Road and the future Eiterman Road extension. This is
for the secondary review as required by the zoning text. He showed several slides. Mr. Combs
said the site includes an existing farmstead (Southward parcel). He said a couple of trees would
be saved with the Shier-Rings Road improvements with adjustment made on this site.
Mr. Combs said Hole 2 of the golf course had been relocated to the middle of Subarea Q and
shifted slightly north to accommodate a better golf course layout. It will require a minor text
_ CU'RRE.NT TRAFFIC C;c~DE
~tECORD ;OF' ~OFtDlNANCES.
D+rtoa d HLnk Ca _ Farm No. ]00~]
Orduurnce No.._.-_..1~.4.~1.9 (A.tn~.u~sl.~d) Passed
AN ORDINANCE AMENDING THE DUBLIN TRAFFIC CODE
SECTION REGARDING PARKNG RESTRICTIONS IN
RESIDENTIAL DISTRICTS A1vI) DECLARING A.N :EMERGENCY
WHEREAS, the pazking of commercial, recreational and like motor vehicles on public
streets detracts from the aesthetics of an area and presents safety and health concerns; and
WHEREAS, the parking of such vehicles must be regulated in residential districts where
the potential for safety and health risks are greatest;
WHEREAS, the definition of the tenn "commercial vehicle" must to clarified through
amendmarf to Section 76.13 so that persons who park on residential streets are clearly
notified as to which types of vehicles aze ncrt permitted to be pazked os residential
streets;
NOW THEREFORE, BE TT ORDAINED, by the Council, of the City of Dublin, State
of Ohio, ~ of thje elected members concu:ritrg that:
Section 1. Section 76.13 of the Dublin Code of Ordinances is herei:~y amended to read
as follows:
§ 76.13 PARKING RESTRICTIONS IN RESIDENTIAL DISTRICTS.
(A) No person who is the owner, agent, operator, or other person in
charge of any commercial or recreational vehicle as defined herein may permit
such vehicle to remain parked, standing, or abandoned upon any streetin a residential
- district.
(B) The other provisions of this section notwithstmding, this section
shall not apply to such 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 or to the time during which such vehicle is being
loaded or unloaded or used to deliver or hoist property or merchandise for completion
of delivery, if such loading, unloading or other activities referred to in this provision
aze conducted diligently and without unnecessary delay.
+iw+
(C) For the purposes of this section, certain terms shall be defined as
follows:
1. "Commercial vehicle" shall mean any vehicle used or designed to be used for
business or commercial purposes which infringes on the residential character of a
residential district and includes, but is not necessarily limited to: tr bus, cement truck,
commercial fret trinuning equipment, con:~huction equipmart, dump truck, garbage
truck, panel trucly semi-tractor, semi-trailer, or any other non-recreational trailer used
for commercial purposes, stage bed truck, step van, tank truck; taz truck, or other
commercial-type vehicle licensed by the Ohio State Bureau of D4otor Vehicles as a
commercial vel~le or truck.
2. "Recreational vehicle"includes, but is nc•t limited to:
a) Camper Trailer: A folding or collapsible vehiculaz structure, mounted
on wheels but without its own power, designe<. as a temporary living; quarters for Navel,
camping, recreation and vacation uses, which is not encompassed in the defuution of
Travel Trailer.
b) Motor Bus: Any motor vehicle having motor power designed and used for
carrying more than nine (9) passengers.
COMPANION ORDINANCE FOR TRAFFIC CODE cone AnD
dment
Residential Parking Cody
-
~tECORD 'OF OF:DINANCES
F«m No aoota .
D~ntoe C V BIuJc Co.
Ordinance No.._.__~5.4=Q4.(Amended) Passed .--._-.-._.~1aS4
c) Motor Home: Aself-propelled recreational vehicle constructed with
permanently installed facilities for wld storage, cooking and consuming of food and for
x,,.11 sleeputg-
d) Travel 7Yailer: Anon-self propelled recreationa! vehicle, including a tent
~ylr type fold out camping trailer as defined in Ohio Revised Code Section 4517.01(S).
e) 7)uclc Camper: Anon-self-propellei recreational vehicle, without wheels for
road use but with sufficient. equipment to render it suitable for use as a temporary
dwelling for travel, recreation and vacation use, and designed to be .laced upon and
attached to a motor vehicle. Truck camper does not include truck ar+ers, which consist
of walls and roof, but do not have floors and facilities for using same as a dwelling.
f) Recreational Trailers: Any form of device, equipment, or machinery on
wheels, or a single wheel, that is intended to be pulled by a motor vehicle, whether or not
attached to a motor vehicle. This shall include every vehicle designed and utilized for
the sole purpose of transporting any boat, auto, snowmobile, recreational habitation, and
the like, which does not have motive power, but is designed to be drawn by another
vehicle.
g) Watercraft: This term shall includa, but is not limited to, any of the
following when used or capable of being used for transportation on the water:
(1) A boat operated by machinery either permanently or
temporarily affixed.
(2) A sailboat other than a sailboard.
(3) An inflatable, manuall}'propelled boat having a hull
identification number meeting the requirements of the United State:: Coast Guard.
(4) A canoe or row boat.
3. Residential district shall mean any district zoned residential in accordance
with the zoning defitritions established in Chapter 153 of the Dublin Code of
Ordinances ('80 Code, § 351.13) {Ord. 61-76, passed 10-4-76) Penalty, see § 70.99.
Section 2. This Ordinance shall be effective 60 days after passage.
Pass 's.lf~dayof ~c~~rwb~.i~ .2000.
Mayor -Presiding Officer
ATTEST:
,
I
1~
lerk of Council
I hereby cartify tbet copies of thi; Ord'.ranle/Resolution wets posted in Me
Cty of Ouhlia in accordance viah SecSSae 7J1.25 of the Ohio Revised Code.
Qo.o~ n.~ t cer,~at, oubr~, oMe 00-ll7ADM
Code Amendment
COMPANION ORDINANCE FOR TRAFFIC CODE Residential Parking Cod1
RECORD OF PROCEEDINGS
Minutes of Meeting
Dublin City Council Meeting Page 5
Held Nnvrmhrr ~n ~f10O
(YFi+RI
I '
I
extended periods of time.
Mr. Hansley stated that given all of this discussion, Council may wish to consider a later
effective date for the legislation in order to allow time for the educational process to take
place.
Mrs. Boring asked if citations/enforcement are driven by complaints from residents.
Mr. Hansley stated that it can be, but once Council approves this legislation, the
expectation is that there will be enforcement throughout the City.
Ms. Chinnici-Zuercher pointed out that the growth experienced by the City has resulted
`r+ in many more vehicles throughout the City roadways. Parking on both sides of streets
can make emergency vehicle access difficult, and so there is a safety concern involved
with this legislation. She is not opposed to strict enforcement, but would advocate
education following passage.
Mr. Reiner noted that the Muirfield Association has had these types of rules in place for
years, and they have been very effective. He suggested that staff contact Larry Holbrook
for a copy of these restrictions.
Mr. Smith stated that staff will provide a memo addressing the concerns expressed
tonight.
There will be a second reading/public hearing at the December 11 Council meeting.
~O finance 151-00 - An Ordin ce Providing for a Change 'n Zoning for 17.68
res Located on the West Si a of Eiterman Road, Appro mately 1,800 Feet
outh of the Post Road and terman Road Intersection, om: RI, Restricted
ndustrial District, to: PIP, tanned Industrial Park Dis rict. (OSU Tract - 6748
Eiterman Road/File No. 00 11Z) (Applicant: Bruce M sa, Massa Realty &
Development, 42 E. Gay S eel, Columbus, OH 43215, r presenting owner The Ohio
State University, Property anagement Division, 53 W. 1`h Avenue, Columbus, OH
43201-201)
Mrs. Boring introduced e ordinance and moved refe al to Planning & Zoning
Commission.
Mr. Adamek seconde the motion.
Vote on the motion r. Adamek, yes; Mr. Refine yes; Mrs. Boring, yes; Ms.
Chinnici-Zuercher, es; Mayor ICranstuber, yes; . McCash, yes.
Ordinance 152- - An Ordinance Amendin he Annual Appropriations or the
Fiscal Year En ng December 31, 2000.
~w Mr. Adamek in oduced the ordinance.
Mr. Hansley s led that a detailed memo has een provided by staff about a various
additional ap ropriations needed at this tim .Most relate to year-end cle up, and staff
is requestin that Council dispense with t public hearing.
Mayor stuber moved to dispense wi the public hearing.
Mr. Rein seconded the motion.
Vote on emotion - Ms. Chinnici-Zu cher, yes; Mr. McCash, yes; rs. Boring, yes;
Mayor anstuber, yes; Mr. Reiner, y ; Mr. Adamek, yes.
Vote o the Ordinance - Ms. Chinni -Zuercher, yes; Mr. Adamek, es; Mrs. Boring,
yes; r. McCash, yes; Mr. Reiner, s; Mayor ICranstuber, yes.
OT ER
St ff Re ort in res onse to Petit' n from Pro ert Owners No of Rec Center for
P vac Fencin
ayor IUanstuber asked Mr. ahn to frame the issue and th various options outlined in
the memo to Council.
Mr. Hahn stated that the res' ents petitioned for installatio of a privacy fence for a
portion of the north prope line of the Rec Center. Staf ooked at various options,
noting there are some pro ems with the site, including r trofitting an old fencerow ar
which contains a fair am unt of mature vegetation. It i somewhat difficult to install
fence along the true pro erty line without destroying uch of this vegetation. The
petition is signed by 7 roperty owners, but there are pproximately a dozen reside s
along Tara Hill in the eneral area.
In response to Mayo ICranstuber, Mr. Hahn stated at a privacy fence could be i stalled
for the 7 properties hich are most impacted by t existing parking lot. The le 1
. 00-117ADM
COMPANION ORDINANCE FOR TRAFFIC CODE Code Amendment
Residential Parking Code
RECORD OF PROCEEDINGS
Minutes of Meettng-
Dublin City Council Meeting Page 4
Held T)rrPmher I 1 ?000
(YE~0.1
Peterson, yes; .Adamek, yes; Ms. Chi ici-Zuercher, yes; May r ICranstuber, yes.
I
Ordinance 6-00 - An Ordinance dopting the Annual O erating Budget for
2001, and eclaring an Emergen
~ Mr. H y stated that a memo f m staff has been forwar ed to Council which
summa zes the changes inco aced in the budget as a low-up to the budget r tew
sessi s.
Mr. cCash, Finance om ttee Chair, stated that t y recommend adoption t this
ti e.
ayor ICranstuber mov to treat this as emerge legislation.
Mr. Reiner seconded t motion.
Vote on the motion r. Reiner, yes; Ms. C ~ ici-Zuercher, yes; .Boring, yes;
Mr. Peterson, yes; r. Adamek, yes; Mr. Cash, yes; Mayor ICratt uber, yes.
Vote on the Ordi nce - Mr. Peterson, ye ,Mayor Kranstuber, ye , Ms. Chinnici-
Zuercher, yes; r. Reiner, yes; Mr. Ad ek, yes; Mr. McCash, s; Mrs. Boring, yes.
Ordinance 49-00 - An Ordinanc Accepting the Loaves est Bid for the CoCfma
Park Po Renovation Project, d Declaring an Emer ncy. ~
Mr. H ley stated that staff is r ommending adoption b emergency in order to
prese a the bid price.
Ma r ICranstuber moved to eat this as emergency 1 islation.
M .Reiner seconded the lion.
ote on the motion - Mr. damek, yes; Mr. McC ,yes; Mrs. Boring, ye Mr. Reiner,
yes; Ms. Chinnici-Zuer er, yes; Mayor ICranst er, yes; Mr. Peterson, y
Vote on the Ordinan -Mrs. Boring, yes; M or 1Cranstuber, yes; Mr. eterson, yes;
Mr. Reiner, yes; M Chinnici-Zuercher, yes' r. Adamek, yes; Mr. cCash, yes.
Ordinance 150-00(Amended) - An Ordinance Amending the Dublin Traffic Code
Section Regarding Parking Restrictions in Residential Districts, and Declaring an
Emergency.
Mr. Hansley stated that an amended ordinance was provided to Council, based upon
comments made at the last meeting. A memo was forwarded to Council regarding those
changes as well as the status of the zoning code amendment related to parking
restrictions in residential districts.
Mrs. Boring asked about the scheduling of the zoning code amendment before P&Z.
Ms. Clarke responded that it is scheduled to be heard in January.
Mrs. Boring noted that the same revisions should be made to that ordinance as welt.
Smith agreed.
Mayor ICranstuber moved [o treat this as emergency legislation.
Mr. Adamek seconded the motion. i
Mrs. Boring noted that discussion took place at the last meeting regarding notification to
the public of these changes, and the need to have a delayed effective date for the
ordinance to allow this communication to take place.
Following brief discussion, Mayor ICranstuber withdrew his motion and moved that the
effective date of the ordinance be 60 days after passage.
Mr. Adamek seconded the motion.
Vote on the motion -Mrs. Boring, yes; Mayor iCranstuber, yes; Mr. Reiner, yes; Ms.
Chinnici-Zuercher, yes; Mr. McCash, yes; Mr. Adamek, yes; Mc Peterson, yes.
Vote on the Ordinance - Mr. Adamek, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring,
yes; Mayor lCranstuber, yes; Mr. Peterson, yes; Mr. McCash, yes; Mr. Reiner, yes.
INTRO CTION & FIRST DING-ORDINANC
Ordin nce 153-00 - An Ordin ce Authorizing the Ci Manager to Execute
Agr' ultural Lease for Cert ' City Owned Land, a Waiving Formal Bid ng
R uirements of Chapter i o[ the Ohio Revised ode.
ayor ICranstuber introd ed the ordinance.
Mr. Hansley stated that ' this case, staff is recd ending the highest bid ran
agricultural lease of t City's land. Staff requ s that it be held over fo econd
reading at the Janu 2 Council meeting.
00-117ADM
"COMPANION ORDINANCE FOR TRAFFIC CODE Res~~idetliallParkingCodl
RECORD OF PROCEEDINGS
Minutes of M~tiIIg
Dublin City Council Meeting Page 4 -
Held Nnvemhrr 70 x(1(1(1
(YFaR,
I
Mr Adamek asked if the alterna bid on this project relates to he landscaping under
di ussion by Council at a later oint in the meeting tonight.
. Hahn responded that the al mate bid for this project re cted the fence line that is
e north of the parking lot a ansion; it does not address t e fence line along the
xisting parking lot area. Th bid alternate was for a stand d, split rail wire mesh fence,
not the privacy fence being r uested by the property o rs adjacent to the Rec Center
It did not include landscap' g. This expansion plan as ap roved by Council includes 9
spaces which will serve th Rec Center. The plan whic as previously approved by
Planning Commission inc ded expanded parking fort Rec Center, a driveway tot e
Community Relations bu ding, and parking immediat y east of the Community
Relations building. The ccess drive and the parking t for Community Relations e
not part of this plan; it ' strictly a parking lot imme tely west of the DCRC.
Following brief discus ton, Mr. Adamek proposed at Council delay any conside ation
of this ordinance unti after tonight's discussion re rding fencing options in ord to
ensure that it is cons' tent with whatever Council cider to do in regard to fenc g.
It was the consensu of Council to postpone this dinance until later in the me ing.
Ordinance 148-0 - An Ordinance Approvin a Tax Credit and Econom
Development A Bement with RBM Techno gy, Inc., dab ECNEXT, a
Authorizing, C firming and Ratifying the xecution of the Agreemen .
Mr. Hansley st ed that stafl'is recommendin adoption at this time.
Vote on the Or finance - Mr. McCash, yes; rs. Boring, yes; Mr. Adame ,yes; Mayor
Kranstuber, y ; Ms. Chinnici-Zuercher, ye ; Mr. Reiner, yes.
INTRODU TION & FIRST READIN -ORDINANCES
Ordinance 49-00 - An Ordinance Ac pting the LowesdBest Bid or the Coffman
Park Pon Renovation Project.
Mr. Ada k introduced the ordinance.
Mr. Han ey stated that a detailed me o has been provided to Cou il.
There w' I be a second reading/publi Baring at the December 11 ouncil meeting.
Ordinance 150-00 - An Ordinance Amending the Dublin Traffic Code Sections
Regarding Parking Restrictions in Residential Districts.
Mr. Adamek introduced the ordinance.
t~ Mr. Hansley stated that this provides clarification regarding the definition of commercial
vehicles and parking on City streets.
Mr. Smith stated that the focus of the original ordinance was motor homes, etc., and the
Police division requested that a better definition be provided under the Traffic Code for a
commercial vehicle.
Mrs. Boring asked for clarification regarding definition ofnon-recreational trailers, such
as car racing or horse trailers. There seems to be confusion about whether these are
considered as commercial vehicles.
Mr. Smith stated that a memo will be provided to Council prior to the second reading
about non-recreational trailers such as horse trailers.
Mrs. Boring asked for the status of the ordinance referred to Planning Commission
which addressed the zoning code restrictions for parking in residential districts.
Ms. Clarke stated that this will be back to Council next month.
Ms. Chinnici-Zuercher asked that staff send a copy of the legislation, after approval,
with a synopsis to all civic association presidents, asking that the information be
included in their newsletters. A City Manager's column could focus on this topic as
well. This would provide education to the public prior to issuing citations for violations.
She also noted that commercial vans are parked along many residential streets, but they
often lack a company identification name. These, too, should be regulated.
Discussion followed about how far the City may wish to go in terms of regulating these
types of vehicles.
Mr. McCash noted that some employees take vehicles home and park them on public
streets.
Mr. Smith stated that they would not be allowed to park such vehicles on the street, but
would be permitted to park them in their driveways. The focus of the ordinance was
originally to discourage residents from parking boats and campers on their properties for
00-117ADM
COMPANION ORDINANCE FOR TRAFFIC CODE Code Amendment