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Ordinance 014-17RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. My Passed .20 AN ORDINANCE AMENDING THE INTERNATIONAL PROPERTY MAINTENANCE CODE AND RELOCATING THE NUISANCE AND HEALTH /SAFETY- RELATED SECTIONS OF THE CODIFIED ORDINANCES OF THE CITY OF DUBLIN TO SECTION 153.076, PUBLIC NUISANCE REGULATIONS. (CASE 16- 036ADMC) WHEREAS, currently, the designated administrator /code official of the International Property Maintenance Code is the Chief Building Official, yet, Code Enforcement Staff is charged with conducting compliance activities of the International Property Maintenance Code; and WHEREAS, under Article 5.04 of the Revised Charter of Dublin, the City Manager is the chief administrator and law enforcement officer for the City of Dublin; and WHEREAS, the proposed Ordinance will establish the City Manager or his designee as the administrator /code official for the International Property Maintenance Code; and WHEREAS, various provisions and sections in the Codified Ordinances of the City of Dublin ( "Codified Ordinances'? provide for regulation and enforcement of nuisance and health /safety- related violations; and WHEREAS, many of the nuisance and health /safety- related sections that are located in various areas of the Codified Ordinances making it cumbersome for Staff as well as the general public when researching maintenance information; and WIEREAS, the proposed Ordinance will amend those code sections to locate the various nuisance and health /safety- related sections in one area of the Codified Ordinances; and WHEREAS, the various nuisance and health /safety- related sections will be relocated to Section 153.076 of the Codified Ordinances, the Public Nuisance Regulation section; and WHEREAS, in addition to creating a more user - friendly section for the general public and Staff to locate and identify potential code violations, the relocation of these sections into Section 153.076 will allow an administrative remedy for violations by permitting them to be heard by the Board of Zoning Appeals; and WHEREAS, the City desires to make these changes to streamline the code enforcement process. NOW, THER FORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, of the elected members concurring, that: Section 1, Section 150.231 of the Codified Ordinances of the City of Dublin is hereby amended and shall provide as follows: § Section 150.231 Additions, Insertions and Changes, The International Property Maintenance Code is amended and revised in the follow respects: All references to Code Official shall be change to City Manager. Section PM -101.1 Insert: City of Dublin Section 101.2 Amend to read as follows: RECORD OF ORDINANCES Davton Legal Blank_ inc_ Ordinance No. 14- 17(Amended) Form No. 30043 - Passed Page 2 of 16 20 This Code is intended to protect the public health, safety and welfare in all existing structures, residential and non - residential, and on all existing premises by establishing minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; fixing the responsibility of owners, operators and occupants, regulating the occupancy of existing structures and premises, and providing for administration, enforcement and penalties. Nothing contained herein shall be construed to require an owner, operator or occupant to alter, remove, modify or otherwise abate a condition under the following parameters: 1) Existing conditions which are considered violations under this Code which were permissible when the structure or premises was originally constructed and /or issued a building permit shall be permitted to remain provided the condition is properly maintained in a condition similar to that at the time of original construction and said condition does not constitute a Hazard; or 2) Existing conditions within structures built before March 1, 1959 or listed on the National Register of Historic structures, are exempted from this Code unless the condition is deemed to be a Hazard to the health, safety or welfare of the occupant(s). Section 103.1 Delete Section 103.2 Delete Section 106.4 Amend to read as follows: Any person who shall violate a provision of this Code is guilty of a fourth degree misdemeanor. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Section 111.1 Amend to read as follows: Any person affected by a decision of the Code Official or a notice or order issued under this Code shall have the right to appeal to the Dublin Board of Zoning Appeals. Section 111.2 through 111.8 Delete Amend the definition of Code Official to read as follows: Code Official: unless specifically identified shall mean the City Manager of the City of Dublin. (City Manager) Section 302.4 Amend to read as follows: All premises shall be kept free from noxious weeds in accordance with the provisions of Chapter 95 of the Codified Ordinances of the City of Dublin. Section 304.14 Insert: April 1 to November 1. Section 404.5 Overcrowding. Amend to read as follows: In every dwelling unit, every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor space, excluding closet space, and every room occupied for sleeping purposes by more than one occupant shall contain at least 70 square feet of floor space for each occupant of the room, excluding closet space. Section 602.3 Insert: October 1 to May 1. RECORD OF ORDINANCES Dayton Legal Blank, Inc. Ordinance No. 14- 17(Amended) Form No. 30043 Passed Page 3 of 16 20 Section 602.4 Insert: October 1 to May 1. Section 2. Section 153.073 of the Codified Ordinances of the City of Dublin is hereby amended and shall provide as follows: 153.073 COMPREHENSIVE RESIDENTIAL AND NEIGHBORHOOD IMPROVEMENT. (A) Horne occupation. Home occupation shall be those limited occupations which are hereafter defined and which may be carried on in residential neighborhoods. (1) Standards for home occupations, No home occupation shall hereafter be established, altered or enlarged in any residential district unless such home occupation is permitted by this chapter and complies with the following restrictions or standards: (a) No person other than members of the family residing on the premises shall be engaged in a home occupation in any Residential District. (b) No sign shall be used in connection with a home occupation, nor shall any display he used that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling. (c) There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation, which would change the essential character thereof as a dwelling. (d) The space devoted for use of the home occupation must be within the main dwelling or basement and no portion of the use shall be conducted within an attached garage. Accessory buildings such as detached garages or sheds shall not be used for home occupations. (e) No mechanical or electrical equipment shall be used except normal domestic equipment or any equipment necessary and essential to any of the permitted home occupations. (f) No home occupation shall be used in such a manner as to create offensive noise, vibration, smoke or other particular matter, heat, humidity, glare, electronic interference or otherwise constitute a nuisance or safety hazard to any occupant of adjacent or nearby properties. (g) There shall be no outdoor storage of equipment or materials used in the home occupation. (h) Not more than four motor vehicles, used by customers of the home occupation, shall be parked at the location of the home occupation at one time. (i) The home occupation shall not generate traffic greater in volume than normal for residential neighborhood. (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 Director of Land Use and Long Range Planning after a public: notice 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. (2) Permit. All persons conducting home occupations which are presently existing, or which are established, changed or enlarged after this chapter is in effect shall be required to obtain a permit from the City Manager or his agent. The initial permit shall be valid for a period of two years after the date of issuance. A renewal permit must be secured for each subsequent two -year period thereafter. RECORD OF ORDINANCES Dayton Legal Blank, Inc. Ordinance No. 14- 17(Amended) Form No. 30043 Passed Page 4 of 16 . 20 (3) Permitted home occupations. Home occupations will be issued if determined that such uses are in keeping with the intent and purpose of this section. It shall not be the intent of this section to require a home occupation permit for maintenance of a home or private professional office (e.g., doctor's, lawyer's or architect's), provided that the office not be used as a physical location to conduct business meetings with clients /customers and the provisions of this section regarding signage, traffic and other provisions regulating home occupations are adhered to. (13) Model homes in residential districts. Regulation of model homes is intended to preserve the opportunity for potential residents of the City to inspect housing available within the municipality; to provide home builders a forum to demonstrate housing styles and options; to preserve the quality of residential life for nearby residents; and to protect residential areas from the potential adverse effects of non- residential uses. (1) Application. This section shall apply to all residential districts, including residential planned di,.3tricts, unless specific provisions of the applicable development text specify otherwise. (2) Approval. The Administrative Official or designee shall be permitted to issue a Certificate of Zoning Plan Approval (CZPA) for model homes, sales offices, and sales trailers in residential districts, provided specific criteria are met. (a) Model homes and sales offices may be approved for up to two years. 1. Certificates of Zoning Plan Approval may be approved for up to an additional two years until the residential development as defined in the application for a CZPA is 75% occupied. 2. When the residential development is greater than 75% occupied but less than 95% occupied, a CZPA may be approved by the Administrative Official for up to one year. 3. Operation of the model home or sales office shall be discontinued within 90 days once the residential development is 95% occupied. 4. For the purposes of this section, the term OCCUPIED shall refer to residential units that are being used as a dwelling, or residential units that are vacant and owned by an entity other than the developer or a home builder. 5. Once operation of the model home or sales office is discontinued, all improvements made for the purposes of the model home or sales office use, including but not limited to signs and associated landscaping, lighting, and architectural modifications, shall be removed and restored to conditions typical of a residential development within 90 days. (b) Sales trailers may be permitted for a maximum of two years, or until a model home or sales office is constructed, whichever occurs first. (c) Approval of a CZPA for model homes and sales offices in residential districts shall be subject to the following: 1. The building which serves as the office /sales facility shall be sited within the development to ensure that the model home is easily accessible and identifiable and shall not detract from the residential and architectural character of the neighborhood. 2. External lighting may be approved provided it does not detract from the residential character of the building. In no case shall exterior lighting other than usual and customary residential lighting be permitted after 9:00 p.m. All interior lighting, with the exception of lighting in a maximum of two rooms, shall be turned off by 9:00 p.m. and remain off until 8 :00 a.m. daily. Damn Leeal Blank. Inc. Ordinance No. _ RECORD OF ORDINANCES Form No. 30043 14- 17(Amended) passed Page 5 of 16 .20 3. One identification sign is permitted for model homes and sales offices, not exceeding eight square feet in area and six feet in height. Signs shall maintain a minimum eight -foot setback from the right -of -way. A sign permit is required for all signs. 4. All structures shall comply with all applicable requirements of the City and any additional development standards for the zoning district. 5. Locations for parking for sales staff and customers shall avoid creating disruptions to surrounding residents. Parking for model homes and sales offices shall be provided either on-site or on- street adjacent to the facility, except as provided in division 6. below. Parking lots for sales trailers or sales offices shall meet all requirements of this chapter related to parking lots. 6. Freestanding, off -site parking lots for model homes shall be permitted only on residential lots adjacent to unoccupied lots with the exception of the model home and only after obtaining a special permit according to the procedures of § 153.231(G). The parking lot shall not extend beyond the rear elevation, nor project forward of the front elevation, of the model home. A sidewalk shall be provided from the parking lot to the model home. The parking lot and sidewalk must be removed within 90 days after a building permit is obtained for the adjacent vacant lot or the model home operation is discontinued. 7. An application for a CZPA shall include information regarding hours of operation, number and type of employees with the maximum number of employees expected on site at any time, provision of parking for employees and customers, and a description of the proposed facility's compliance with the standards of this section. (3) Number of model homes. If the Administrative Official determines that the number of model homes in any residential district is excessive or is affecting the residential character of the neighborhood or the development, the applicant shall be required to obtain a special permit in accordance with the requirements of § 153.231(G) prior to operating the model home or sales office. (4) Notices. The City shall notify any registered homeowners associations and all property owners within 300 feet of the site of a proposed model home, sales office, or sales trailer in a residential district within ten days from the receipt of a complete application for a CZPA. 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. At least 14 days shall be provided for public comment prior to a determination by the Administrative Official. (C) Community residences for people with disabilities. (1) A family community residence shall be allowed as of right in zoning districts R, R -I, R -2, R -3, R -4, R -10, R -12, BSD -R, BSD -OR, BSD -0, BSD -@ =IC, BSD -HR, and all Planned Unit Developments, provided (1) it is located at least eight lots on its side of the street from an existing community residence and is at least 660 linear feet from the closest existing community residence as measured from the nearest property line of the proposed community residence to the nearest property line of the existing community residence, and (2) the operator or applicant is licensed or certified by the State of Ohio to operate the proposed community residence, has certification from an appropriate national accrediting agency, or has been recognized or sanctioned by Congress to operate the proposed community residence. (2) A conditional use permit is required to establish any community residence within eight lots on its side of the street from an existing community residence or within 660 linear feet of the closest existing community residence as measured from the nearest property line of the proposed community residence to the nearest property line of the existing community residence, or the State of Ohio does not RECORD OF ORDINANCES Dayton Legal Blank, Inc. Ordinance No. 14- 17(Amended) Form No. 30043 Passed Page 6 of 16 20 require the operator to be licensed or certified to operate the community residence or Congress does not recognize or sanction the community residence. The conditional use permit is subject to the standards for a conditional use permit set forth in § 153.236(C) and the following standards: (a) The proposed community residence will not interfere with the normalization and community integration of the residents of any existing community residence for people with disabilities; (b) The applicant demonstrates that it will operate the home in a manner similar to that ordinarily required by state licensing to protect the health, safety, and welfare of the occupants of the community residence; and (c) The proposed community residence in combination with any existing community residences will not alter the character of the surrounding neighborhood by creating an institutional atmosphere or by creating a de facto social service district by excessively concentrating community residences on a block. (3) A transitional community residence shall be allowed as of right in zoning districts R -12, BSD -R, BSD -OR, BSD -O, and BSD -HTN, and in any Planned Unit Development in which buildings with three or more dwelling units are allowed, provided (1) it is located at least eight lots on its side of the street from an existing community residence and is at least 660 linear feet from the closest existing community residence as measured from the nearest property line of the proposed community residence to the nearest property dine of the existing community residence, and (2) the operator or applicant is licensed or certified by the State of Ohio to operate the proposed community residence, has certification from an appropriate national accrediting agency, or has been recognized or sanctioned by Congress to operate the proposed community residence. (4) In the R -12, BSD -R, BSD-OR, BSD -0, and BSD -HTN zoning districts, a conditional use permit: is required to establish a transitional community residence within eight lots on its side of the street from an existing community residence or within 660 linear feet of the closest existing community residence as measured from the nearest property line of the proposed community residence to the nearest property line of the existing community residence, or the State of Ohio does not require the operator to be licensed or certified to operate the community residence or Congress does not recognize or sanction the community residence. The conditional use permit is subject to the standards for a conditional use permit set forth in § 153.236(C) and the following standards: (a) The proposed community residence will not interfere with the normalization and community integration of the residents of any existing community residence for people with disabilities; (b) 'The applicant demonstrates that it will operate the home in a manner similar to that ordinarily required by state licensing to protect the health, safety, and welfare of the occupants of the community residence; and (c) The proposed community residence in combination with any existing community residences will not alter the character of the surrounding neighborhood by creating an institutional atmosphere or by creating a de facto social service district by concentrating community residences on a block. (5) A transitional community residence shall be allowed by conditional use permit in residential districts R, R -I, R -2, R -3, R -4, R -10, and all Planned Unit Developments, subject to the standards for a conditional use permit set forth in § 153.236(C) and the following standards when there is an existing community residence within eight lots on its side of the street from the proposed community residence or within 660 linear feet of the closest existing community residence as RECORD OF ORDINANCES Dayton Legal Blank, Inc. Ordinance No 14- 17(Amended) Form No. 30043 Passed Page 7 of 16 , 20 measured from the nearest property line of the proposed community residence to the nearest property line of the existing community residence, or the State of Ohio does not require the operator to be licensed or certified to operate the community residence or Congress does not recognize or sanction the community residence: (a) The proposed community residence will not interfere with the normalization and community integration of the residents of any existing community residence for people with disabilities; (b) The applicant demonstrates that it will operate the home in a manner similar to that ordinarily required by state licensing to protect the health, safety, and welfare of the occupants of the community residence; and (c) The proposed community residence in combination with any existing community residences, will not alter the character of the surrounding neighborhood by creating an institutional atmosphere or by creating a de facto social service district by concentrating community residences on a block. Section 3. Sections 95.20 through 95.99 of the Codified Ordinances of the City of Dublin are hereby delE�ted in their entirety and relocated to Section 153.076(C); Section 95.09 of the Codified Ordinances of the City of Dublin is hereby deleted in its entirety and relocated to Section 153.076(D); Section 153.201 of the codified Ordinances of the City of Dublin is heireby deleted in its entirety and relocated to Section 153.076(E); and Sections 94.05(L) through 94.05(R), (U), and (V) of the Codified Ordinances of the City of Dublin are hereby deleted in their entirety and relocated to Section 153.076(F). Section 4. Section 94.05 of the Codified Ordinances of the City of Dublin is hereby amended and shall provide as follows: § 94.05 LITTERING. (A) Definitions. For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number. The word "shall" is always mandatory and not merely directory: (1) AIRCRAFT, Any contrivance now known or hereafter invented, used or designed for navigation or for flight in the air, and includes but is not limited to helicopters and lighter- than -air dirigibles and balloons. (2) AUTHORIZED PRIVATE RECEPTACLE, A litter storage and collection receptacle as required and authorized in this article. (3) CYTY, The City of Dublin. (4) COMMERCIAL HANDBILL, Any newspaper or similar publication containing substantial amounts of matter advertising articles or things for sale or any businesses or services for profit which newspaper or similar publication is in normal course distributed without charge and without subscription therefore by the recipients, and includes, but is not limited to, any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, booklet, paper or any other printed or otherwise reproduced original and copies of any matter or literature which: (a) Advertises for sale any merchandise, product, commodity or things; or (b) Directs attention to any business or mercantile or commercial establishment or activity for the purpose of either directly or indirectly promoting the interest thereof by sales; or (c) Directs attention to or advertises any meeting, theatrical performance, RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. 14 -17 (Amended) Passed Page 8 of 16 .20 exhibition or event of any kind, for which an admission fee is charged for the purpose of profit; or (d) While containing reading matter other than advertising matter, is predominantly and essentially an advertisement and is distributed or circulated for advertising purposes or for private benefit and gain for any person so engaged as advertiser or distributer. (5) LITTER, Garbage, refuse, and rubbish and all other waste material which, if thrown or deposited in a manner prohibited by this article, tends to create a danger to public health, safety and welfare or significantly reduces the aesthetic appearance of public or private property or the public right of way. (6) LITTER RECEPTACLE, A dumpster, trash can, trash bin, garbage can or similar container in which litter is deposited for removal. (7) NEWSPAPER, Any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office Department of the United States, in accordance with the federal statute or regulation, any newspaper filed and recorded with any recording officer as provided by general law and includes but is not limited to any newspaper, periodical or current magazine regularly published and sold to the public by subscription. (8) NONCOMMERCIAL HANDBILL, Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper booklet or any other printed or otherwise reproduced original or copies of any matter of literature not included in the definitions of a commercial handbill. (9) PARK, A park, reservation, playground, recreation center or any other public area in the City owned or used by the City and devoted to recreation. (10) PERSON, Any person, firm, partnership, association, corporation, company or organization of any kind. (11) PRIVATE PREMISES, Any dwelling, house, building, multi - family structure or other structure designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and includes but is not limited to any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house building or other structure. (12) PUBLICPLACE, Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings. (13) REFUSE, All putrescible and nonputrescible solid wastes except body wastes, including garbage, rubbish, ashes, street cleanings, dead animals, abandoned, wrecked or junked vehicles or parts thereof and solid market and industrial wastes. (14) RUBBISH, Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, metal, wood, glass, crockery, bedding and similar materials. (15) RIGHT Of WAY, The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular -travel. (16) VEHICLE, Every device in, upon or by which any person or property is or may be transported or drawn upon a highway. (B) Litter in public places. No person shall throw or deposit litter in or upon any street, sidewalk or other public place including freshwater streams, lakes, and ponds RECORD OF ORDINANCES Dayton Legal Blank, Inc. Ordinance No. 14- 17(Amended) Form No. 30043 Passed Page 9 of 16 .20 within the City except in public receptacles, or in authorized private receptacles for refuse, recycling or yard waste collection or as placed at the curb for chipper service, leaf service or other City sponsored collection service. (C) Placement of litter in receptacles. Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried, or deposited by the elements upon any street, sidewalk or other pudic place or upon private property. (D) Depositing litterin gutters. No person shall sweep into or deposit in any gutter, street or other public place within the City the accumulation of litter from any public or private sidewalk or driveway or any building or lot. Persons owning or occupying property or places of business shall keep the sidewalk and parkway in front of their premises free of litter (E) Litter from a vehicle. No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the City, or upon private property. (F) Littering in parks. No person shall throw or deposit litter in any park within the City except in public receptacles and in such manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided in this article or as prescribed by other sections of the City's codified ordinances. (G) Deposit or commercial handbills on public property. No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the City, nor shall any person hand out or distribute or sell any commercial handbill in any public place, but nothing in this section shall be deemed to prohibit any person from handing out or distributing on any sidewalk, street, or other public place within the City, without charge to the receiver thereof, any commercial handbill to any person willing to accept it. (H) Handbills: placing on vehic %s. No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle, but it is not unlawful in any public place for a person to hand out or distribute without charge to the receiver thereof, a noncommercial handbill to any occupant of a vehicle who is willing to accept it. (I) Handbills.,, deposited on posted property, No person shall throw, deposit or distribute any commercial or noncommercial handbill upon any private premises, if requested by any one thereon not to do so, or if there is placed on the premises in a conspicuous position near the entrance thereof, a sign bearing the words, "No Trespassing," "No Peddlers or Agents," "No Advertisement," or any similar notice, indicating in any manner that the occupants of said premises do not desire to have their right of privacy disturbed, or to have any handbill left upon such premises. (J) Depositing handbill at inhabited premises: mail and newspapers. No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises which are inhabited unless the handbill is so placed or deposited as to secure or prevent the handbill from being blown or drifted about the premises or sidewalks, streets or other public places, and except that mailboxes may not be so used when so prohibited by federal postal law or regulations. The provisions of this section shall not apply to the distribution of mail by the United States nor of newspapers as defined by this article. (K) Dropping litter from aircraft: No person in an aircraft shall throw out, drop or deposit within the City any litter, handbill or any other object. RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. 14-17(Amended) passed Page 10 of 16 . 20 (I,) Penalty. Whoever violates 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. Section S. Section 153.076 of the Codified Ordinances of the City of Dublin is hereby amended and shall provide as follows: 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. (13) 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: RECORD OF ORDINANCES Dayton Legal Blank, Inc. Ordinance No. 14- 17(Amended) Form No. 30043 Passed Page 11 of 16 20 (i) 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 trach pickup by a waste collector. (ii) 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. (i) 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. (ii) 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. (iii) 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 offl'cia /s. (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. § 131.54. 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 stop -work order until the site is brought into compliance. Dayton Legal Blank, Inc. RECORD OF ORDINANCES Form No. 30043 _ 14- 17(Amended) Passed Page 12 of 16 20 (d) The City may also take any other judicial actions provided by law ess violations of this section. ,eds. (1) Definitions. Any word or phrase used in these guidelines which is not defined all 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, Means 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 grays which constitute a nuisance or endanger the public health, and shall see that such weds 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 (C)(1), 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 contractor. (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 Dayton Legal Blank, Inc. Ordinance No. RECORD OF ORDINANCES 14- 17(Amended) Form No. 30043 Passed Page 13 of 16 20 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 cosh 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 (C)(3) 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 (C)(7). (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 one hundred (100) foot buffer at a maximum six inches in height around the perimeter of the entire site. (8) Penalty. Whoever violates any provision of (C)(1) through (C)(6) or (D) of I' 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 �I such. (D) 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(A) 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. (E) Parking in Residential Districts. (1) Definitions. 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 Dayton Legal Blank, Inc. ordinance No. RECORD OF ORDINANCES 14- 17(Amended) Passed Page 14 of 16 Form No. 30043 . 20 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 anon- commercial truck, and used for the sole purpose of transporting residents) and guests(s) to and from daily activities. (c) 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, 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) Persona/ 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) Maintenanc %ondition. 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 maybe 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 (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 (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. RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. 14- 17(Amended) Passed Page 15 of 16 , 20 (F) Littering, (1) Deposit of litter on occupied private property. No person shall throw or deposit litter on any occupied private properly 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 property. (4) Business establishments: receptacles. Every person owning, or managing, or having charge, control or occupance 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 occupance 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 occupance 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 allays. (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. (G) Penalty. (1) 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. T-f, within one year of the offense, the offender previously has been convicted of or pleaded guilty to two or more violations of this RECORD OF ORDINANCES Dayton Legal Blank, Inc. Ordinance No 14- 17(Amended) Form No. 30043 Passed Page 16 of 16 20 section or any substantially equivalent state law or municipal ordinance, the offender shall be guilty of a misdemeanor of the third degree. (2) 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. Section 6. This Ordinance shall take effect upon the earliest date permitted by 1 . Clerk of Council 2017. Office of the CI'ty Manager 5200 Emerald Parkway * Dublin, OH 43017-1090 itv of D--tublin Phone-, 614-410-4400 # Fax: 614-410-4490 Cit To: Members of Dublin City Council Fromlit, Dana L. McDaniel, City Mana Inkiated By.* Vince A. Papsidero, FAICP, Planning Director Logan M. Stang, Planner I Re: Ordinance 14-17 (Amended) — Amending the International Property Maintenance Code and Relocating the Nuisance and Hea Ith/Safety- Related Sections • the Codified Ordinances of the City of Dublin to Section 153.076, Public Nuisance Regulations. (Case 16-036ADMC) This is a request by City Staff to amend and relocate various sections of the Dublin Codified Ordinances pertaining to residential property management and maintenance under a single Public Nuisance Regulations section, Section 153.076. The amendments will create a cohesive list of residential maintenance regulations under the Zoning Code o , Chapter 153, for staff t enforce throughout the City. Ordinance 14-17 was introduced at the February 13, 2017 City Council meeting. Council requested statistical information regarding approved home occupations throughout the City and the types of businesses requested with these applications. A second concern was the addition of attached garages as permitted home occupation space and the potential regulation of items displaced by these businesses occurring in garages. Home occupation permits are issued for two years and may be renewed in subsequent two year periods. Permits are primarily issued for home offices but have been issued for additional businesses such as music lessons, tutoring, hair styling, art lessons ' photography, and caterin- The following is data dating back to 2004 outlining the number of permits issued & renewed" I Memo re. Ord. 14-17 (AMENDED) Public Nuisance Code Amendment February 23, 2017 Page 2 of 2 I 1111111liq Vt During the February 13 City Council meeting, some Council members questioned the use of attached garage space for home occupations and the implications this could have on residenti properties. Upon review of the proposed code provision, staff is recommending amending the text to read as follows: I . I . "(d) The space devoted for use of the home occupation must De witnin the main dwelling- basement of-i 'rtt� Accessory buildings such as detached garages or sheds shall not be used for home occupations." The proposed revision removes attached garage space as a permitted location for home occupation use thus ensuring the residential character is upheld for home occupations. Planning recommends City Council approval of Ordinance 14-17 (Amended) at the second reading/public hearing on February 27, 2017. Page 1 of 27 Ordinance 14 -17 (AMENDED) — as submitted to City Council for Second Reading on February 27, 2017 New Text I Deleted em Property Maintenance Code Amendment Section 150,231 Additions, Insertions and Changes, The International Property Maintenance Code is amended and revised in the follow respects: All references to Code Official shall be change to Ghief Building Gffi City Manager. Section PM -101.1 Insert: City of Dublin Section 101.2 Amend to read as follows: This Code is intended to protect the public health, safety and welfare in all existing structures, residential and non - residential, and on all existing premises by establishing minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; fixing the responsibility of owners, operators and occupants; regulating the occupancy of existing structures and premises, and providing for administration, enforcement and penalties. Nothing contained herein shall be construed to require an owner, operator or occupant to alter, remove, modify or otherwise abate a condition under the following parameters: 1) Existing conditions which are considered violations under this Code which were permissible when the structure or premises was originally constructed and /or issued a building permit shall be permitted to remain provided the condition is properly maintained in a condition similar to that at the time of original construction and said condition does not constitute a SeFieHs Hazard; or 2) Existing conditions within structures built before March 1, 1959 or listed on the National Register of Historic structures, are exempted from this Code unless the condition is deemed to be a SeFieus Hazard to the health, safety or welfare of the occupant(s). Section 103.1 Delete Section 103.2 Delete Section 106.4 Amend to read as follows: Any person who shall violate a provision of this Code is guilty of a fourth degree misdemeanor. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 1 Page 2 of 27 Ordinance 14 -17 (AMENDED) — as submitted to City Council for Second Reading on February 27, 2017 New Text I Deleted em Section 111.1 Amend to read as follows: Any person affected by a decision of the Code Official or a notice or order issued under this Code shall have the right to appeal to the Dublin Board of Zoning Appeals. Section 111.2 through 111.8 Delete Amend the definition of Code Official to read as follows: Code Official: unless specifically identified shall mean the Chief Building Offm City Manager of the City of Dublin. (City Manager) Add the following definition: __.: -_- ..___._:....___._ -. --..- :__.able eenseg__.. -_ to safe -, eF flea. -.. - ... -_gh the __ -:g.., ....._.. ..- ._ -..-. ..-•- R - ... --.g.. _.ter_.._.. -_, testing, -. ._- _-.Feh to be e ep-Aain -. Section 302.4 Amend to read as follows: All premises shall be kept free from noxious weeds in accordance with the provisions of Chapter 95 of the Codified Ordinances of the City of Dublin. Section 304.14 Insert: April 1 to November 1. Section 404.5 Overcrowding. Amend to read as follows: In every dwelling unit, every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor space, excluding closet space, and every room occupied for sleeping purposes by more than one occupant shall contain at least 70 square feet of floor space for each occupant of the room, excluding closet space. Section 602.3 Insert: October 1 to May 1. Section 602.4 Insert: October 1 to May 1. Relocation of Sections 153.073(A), (C), (F), & (G) to Section 153.076(8) Relocation of Sections 95.20 through 95.99 to Section 153.076(C) Relocation of Section 95.09 to Section 153.076(D) 94 Page 3 of 27 Ordinance 14 -17 (AMENDED) — as submitted to City Council for Second Reading on February 27, 2017 New Text I Deleted em Relocation of Section 153.207 to Section 153.076(E) Relocation of Sections 94.05(L) through (R), (U), & (V) to Section 153.076(F) as follows: 153.073 COMPREHENSIVE RESIDENTIAL AND NEIGHBORHOOD IMPROVEMENT. (A) Pwpese:. `_) The la_.p___ _. this ____._.. she" the _...._..__..._.._ _. the p__.._ flea._.., safe_, and welfaFeby _........__...g __.._._._.._ ._._.able __ p___.._..__, _.seas_ and g_.._._. _..safe __.._._._.._, whole at the sange tinge ingpFeving the quality and appeaFaigee and ngest likely, the Value e `_) _.. __nj_..__._n _.._. _..fal 1, it ._ .Ong p_. __.._ __ ..._...__.... _side.._._. _. ___ as . _side.._._. _. ___ sass _: �. _�_. _,. (A) (E} Home occupation. Home occupation shall be those limited occupations which are hereafter defined and which may be carried on in residential neighborhoods. (1) Standards for home occupations. No home occupation shall hereafter be established, altered or enlarged in any residential district unless such home occupation is permitted by this chapter and complies with the following restrictions or standards: (a) No person other than members of the family residing on the premises shall be engaged in a home occupation in any Residential District. (b) No sign shall be used in connection with a home occupation, nor shall any display be used that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling. (c) There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation, which would change the essential character thereof as a dwelling. (d) The space devoted for use of the home occupation must be within the main dwelling! or basement and no oortion of the use shall be conducted within an attached garage -- gwage and shall eeeupy iget n9eFe thaig 399 squaFe feet. Accessory buildings such as detached 3 Page 4 of 27 Ordinance 14 -17 (AMENDED) - as submitted to City Council for Second Reading on February 27, 2017 New Text I Deleted garages or sheds, whetheF -"aehed -° • • attaeh-a, shall not be used for home occupations. (e) No mechanical or electrical equipment shall be used except normal domestic equipment equipment, or any equipment necessary and essential to any of the permitted home occupations. (f) No home occupation shall be used in such a manner as to create offensive noise, vibration, smoke or other particular matter, heat, humidity, glare, electronic interference or otherwise constitute a nuisance or safety hazard to any occupant of adjacent or nearby properties. (g) There shall be no outdoor storage of equipment or materials used in the home occupation. (h) Not more than four motor vehicles, used by customers of the home occupation, shall be parked at the location of the home occupation at one time. (i) The home occupation shall not generate traffic greater in volume than normal for residential neighborhood. (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 Director of Land Use and Long Range Planning after a public notice 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. (2) Permit. All persons conducting home occupations which are presently existing, or which are established, changed or enlarged after this chapter is in effect shall be required to obtain a permit from the City EwgineeF Manager or his agent. The initial permit shall be valid for a period of two years after the date of issuance. A renewal permit must be secured for each subsequent two -year period thereafter. (3) Permitted home occupations. Home occupation permits will be issued if determined that such uses are in keeping with the intent and purpose of this section. It shall not be the intent of this section to require a home occupation permit for maintenance of a home or private professional office `___'. -z: _"'.__"'.__ (e.g., doctor's, lawyer's or architect's) en .`.'._ -----i--- provided that the office not be used as a physical location to conduct business meetings with clients /customers and the provisions of this section regarding signage, traffic and other provisions regulating home occupations are adhered to. rd Page 5 of 27 Ordinance 14 -17 (AMENDED) — as submitted to City Council for Second Reading on February 27, 2017 New Text I Deleted em {B} Model homes in residential districts. Regulation of model homes is intended to preserve the opportunity for potential residents of the city to inspect housing available within the municipality; to provide home builders a forum to demonstrate housing styles and options; to the tinges, dispe _.._.___. _ and the debFis mig site __ as landfill. __ __.._._. .O'OtteF The and ___.._ be at _. 819d fFeigg FeIggeve the 819d teig days eig appFeved the eigelestiFe she" Feiggeyed site within _. .____..__ _. ____p_.._y r- ....._ eF within __.. __y_ _. ______._.. _. ___.._ __..__.___._...._.._. feelF be `_) . _....._ __......_._._. ._..._.__ eF .._.g p...___ passeiggeF ._..._.__ _._____...g __ the `.) .___r _.. .___.._ lets ..._..__ as _.__.. as ..______.y ... .___ring ..._.. _.._.____. _. _.._ {B} Model homes in residential districts. Regulation of model homes is intended to preserve the opportunity for potential residents of the city to inspect housing available within the municipality; to provide home builders a forum to demonstrate housing styles and options; to Page 6 of 27 Ordinance 14 -17 (AMENDED) - as submitted to City Council for Second Reading on February 27, 2017 New Text I ^-'� `gem preserve the quality of residential life for nearby residents; and to protect residential areas from the potential adverse effects of non - residential uses. (1) Application. This section shall apply to all residential districts, including residential planned districts, unless specific provisions of the applicable development text specify otherwise. (2) Approval. The Administrative Official or designee shall be permitted to issue a Certificate of Zoning Plan Approval (CZPA) for model homes, sales offices, and sales trailers in residential districts, provided specific criteria are met. (a) Model homes and sales offices may be approved for up to two years 1. Certificates of Zoning Plan Approval may be approved for up to an additional two years until the residential development as defined in the application for a CZPA is 75% occupied. 2. When the residential development is greater than 75% occupied but less than 95% occupied, a CZPA may be approved by the Administrative Official for up to one year. 3. Operation of the model home or sales office shall be discontinued within 90 days once the residential development is 95% occupied. 4. For the purposes of this section, the term OCCUPIED shall refer to residential units that are being used as a dwelling, or residential units that are vacant and owned by an entity other than the developer or a home builder. 5. Once operation of the model home or sales office is discontinued, all improvements made for the purposes of the model home or sales office use, including but not limited to signs and associated landscaping, lighting, and architectural modifications, shall be removed and restored to conditions typical of a residential development within 90 days. (b) Sales trailers may be permitted for a maximum of two years, or until a model home or sales office is constructed, whichever occurs first. (c) Approval of a CZPA for model homes and sales offices in residential districts shall be subject to the following: 1. The building which serves as the office /sales facility shall be sited within the development to ensure that the model home is easily accessible and identifiable and shall not detract from the residential and architectural character of the neighborhood. 2. External lighting may be approved provided it does not detract from the residential character of the building. In no case shall exterior lighting other than usual and customary residential lighting be permitted after 9:00 p.m. All interior lighting, with the exception of lighting in a maximum of two rooms, shall be turned off by 9:00 p.m. and remain off until 8:00 a.m. daily. 11 Page 7 of 27 Ordinance 14 -17 (AMENDED) — as submitted to City Council for Second Reading on February 27, 2017 New Text I Deleted em 3. One identification sign is permitted for model homes and sales offices, not exceeding eight square feet in area and six feet in height. Signs shall maintain a minimum eight -foot setback from the right -of -way. A sign permit is required for all signs. 4. All structures shall comply with all applicable requirements of the city and any additional development standards for the zoning district. 5. Locations for parking for sales staff and customers shall avoid creating disruptions to surrounding residents. Parking for model homes and sales offices shall be provided either on- site or on- street adjacent to the facility, except as provided in division 6. below. Parking lots for sales trailers or sales offices shall meet all requirements of this chapter related to parking lots. 6. Freestanding, off -site parking lots for model homes shall be permitted only on residential lots adjacent to unoccupied lots with the exception of the model home and only after obtaining a special permit according to the procedures of § 153.231(G). The parking lot shall not extend beyond the rear elevation, nor project forward of the front elevation, of the model home. A sidewalk shall be provided from the parking lot to the model home. The parking lot and sidewalk must be removed within 90 days after a building permit is obtained for the adjacent vacant lot or the model home operation is discontinued. 7. An application for a CZPA shall include information regarding hours of operation, number and type of employees with the maximum number of employees expected on site at any time, provision of parking for employees and customers, and a description of the proposed facility's compliance with the standards of this section. (3) Number of model homes. If the Administrative Official determines that the number of model homes in any residential district is excessive or is affecting the residential character of the neighborhood or the development, the applicant shall be required to obtain a special permit in accordance with the requirements of § 153.231(G) prior to operating the model home or sales office. (4) Notices. The city shall notify any registered homeowners associations and all property owners within 300 feet of the site of a proposed model home, sales office, or sales trailer in a residential district within ten days from the receipt of a complete application for a CZPA. 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. At least 14 days shall be provided for public comment prior to a determination by the Administrative Official. {E} Community residences for people with disabilities. (1) A family community residence shall be allowed as of right in zoning districts R, R -1, R -2, R -3, R -4, R -10, R -12, BS -R, BSDC—OR, BSD6 -O, BSD6 -HC, BS G -HR, and all Planned Unit 7 Page 8 of 27 Ordinance 14 -17 (AMENDED) — as submitted to City Council for Second Reading on February 27, 2017 New Text I Deleted em Developments, provided (1) it is located at least eight lots on its side of the street from an existing community residence and is at least 660 linear feet from the closest existing community residence as measured from the nearest property line of the proposed community residence to the nearest property line of the existing community residence, and (2) the operator or applicant is licensed or certified by the State of Ohio to operate the proposed community residence, has certification from an appropriate national accrediting agency, or has been recognized or sanctioned by Congress to operate the proposed community residence. (2) A conditional use permit is required to establish any community residence within eight lots on its side of the street from an existing community residence or within 660 linear feet of the closest existing community residence as measured from the nearest property line of the proposed community residence to the nearest property line of the existing community residence, or the State of Ohio does not require the operator to be licensed or certified to operate the community residence or Congress does not recognize or sanction the community residence. The conditional use permit is subject to the standards for a conditional use permit set forth in § 153.236(C) and the following standards: (a) The proposed community residence will not interfere with the normalization and community integration of the residents of any existing community residence for people with disabilities; (b) The applicant demonstrates that it will operate the home in a manner similar to that ordinarily required by state licensing to protect the health, safety, and welfare of the occupants of the community residence; and (c) The proposed community residence in combination with any existing community residences will not alter the character of the surrounding neighborhood by creating an institutional atmosphere or by creating a de facto social service district by excessively concentrating community residences on a block. (3) A transitional community residence shall be allowed as of right in zoning districts R -12, BS 6 -R, BS C—OR, BS -O, and BS c-HTN, and in any Planned Unit Development in which buildings with three or more dwelling units are allowed, provided (1) it is located at least eight lots on its side of the street from an existing community residence and is at least 660 linear feet from the closest existing community residence as measured from the nearest property line of the proposed community residence to the nearest property line of the existing community residence, and (2) the operator or applicant is licensed or certified by the State of Ohio to operate the proposed community residence, has certification from an appropriate national accrediting agency, or has been recognized or sanctioned by Congress to operate the proposed community residence. (4) In the R -12, BS 6 -R, BS 6-OR, BS -O, and BS -HTN zoning districts, a conditional use permit is required to establish a transitional community residence within eight lots on its side of the street from an existing community residence or within 660 linear feet of the closest existing E] Page 9 of 27 Ordinance 14 -17 (AMENDED) — as submitted to City Council for Second Reading on February 27, 2017 New Text I Deleted em community residence as measured from the nearest property line of the proposed community residence to the nearest property line of the existing community residence, or the State of Ohio does not require the operator to be licensed or certified to operate the community residence or Congress does not recognize or sanction the community residence. The conditional use permit is subject to the standards for a conditional use permit set forth in § 153.236(C) and the following standards: (a) The proposed community residence will not interfere with the normalization and community integration of the residents of any existing community residence for people with disabilities; (b) The applicant demonstrates that it will operate the home in a manner similar to that ordinarily required by state licensing to protect the health, safety, and welfare of the occupants of the community residence; and (c) The proposed community residence in combination with any existing community residences will not alter the character of the surrounding neighborhood by creating an institutional atmosphere or by creating a de facto social service district by concentrating community residences on a block. (5) A transitional community residence shall be allowed by conditional use permit in residential districts R, R -1, R -2, R -3, R -4, R -10, and all Planned Unit Developments, subject to the standards for a conditional use permit set forth in § 153.236(C) and the following standards when there is an existing community residence within eight lots on its side of the street from the proposed community residence or within 660 linear feet of the closest existing community residence as measured from the nearest property line of the proposed community residence to the nearest property line of the existing community residence, or the State of Ohio does not require the operator to be licensed or certified to operate the community residence or Congress does not recognize or sanction the community residence: (a) The proposed community residence will not interfere with the normalization and community integration of the residents of any existing community residence for people with disabilities; (b) The applicant demonstrates that it will operate the home in a manner similar to that ordinarily required by state licensing to protect the health, safety, and welfare of the occupants of the community residence; and (c) The proposed community residence in combination with any existing community residences, will not alter the character of the surrounding neighborhood by creating an institutional atmosphere or by creating a de facto social service district by concentrating community residences on a block. E] Page 10 of 27 Ordinance 14 -17 (AMENDED) — as submitted to City Council for Second Reading on February 27, 2017 New Text I Deleted em � _ �rr!nr�nr_e�Rrn�er _ - - - -- - - ---- - WIN l - M-1 .r.�aa.� irrm�r.riar _ - M-1 10 Page 11 of 27 Ordinance 14 -17 (AMENDED) — as submitted to City Council for Second Reading on February 27, 2017 New Text I Deleted em _ sn�n�!�. swims! w��. r_ rr�szx :wr_cr_.ir�!�r�r_�r�nr_.r_e -- -- -- -- - -- - -- - - - - - -- -- -- -- -- - -- -- - - -- - -- - - - -- -- - -- - IF I IN -A-111110-1111[- IN L-1110- IN L-jjjjjjjjjii�l -- - - - -- -- - - - - -- -- - -- - - - - -- •- - 11 -- -- -- -- - -- - -- - - - - - -- -- -- -- -- - -- -- - - -- - -- - - - -- -- - -- - •- - MIX 11 Page 12 of 27 Ordinance 14 -17 (AMENDED) — as submitted to City Council for Second Reading on February 27, 2017 New Text I Deleted em 12 . =.7-:�wc� Nil If 0 IN NO mil wmww_ - - - - -- - - -- - - - -- - - - - - -- -- - - - -- - NA- -- - - -- - -- - -- - - - - - - 12 Page 13 of 27 Ordinance 14 -17 (AMENDED) — as submitted to City Council for Second Reading on February 27, 2017 New Text I Deleted em 13 Tmilem feF tFaigspeiting this type ilgeluded this i9eig iggeteFized). dC�lT used ef vehiele we else Within 1111111111M -MIMMIN 001111111110102:11111 �j -- ------ -- - - - - - - -- 13 Tmilem feF tFaigspeiting this type ilgeluded this i9eig iggeteFized). dC�lT used ef vehiele we else Within 13 Page 14 of 27 Ordinance 14 -17 (AMENDED) — as submitted to City Council for Second Reading on February 27, 2017 New Text I Deleted em Fight y. and ..__..__ ..._..... the ...___.___.._ __ ..._.._h peFied. FeF p_.r____ _. this ____._.., _p_.__._...__.._ Will be pFehibited within the publie Fight ef way, any FeEluiFed side eF FeaF yeFds and ige build,ldisteiFb zeiges. lig ige ease she" the vehiele be used feF evemight Sleeping eF living. • used feF __..._,...g the ..______., tee's and ...___.._._ __ r._....___ ...._._ .___., __inn ___h ___._ seetien shall iget apply deiFing the tinge whieh eeiggiggeFeial vehieles aFe being leaded eF ellgleaded see 5 153.999 , § 94.05 LITTERING. (A) Definitions. For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number. The word "shall' is always mandatory and not merely directory: (1) AIRCRAFT, Any contrivance now known or hereafter invented, used or designed for navigation or for flight in the air, and includes but is not limited to helicopters and lighter -than- air dirigibles and balloons. (2) AUTHORIZED PRIVATE RECEPTACLE, A litter storage and collection receptacle as required and authorized in this article. (3) CITY, The City of Dublin. 14 Page 15 of 27 Ordinance 14 -17 (AMENDED) — as submitted to City Council for Second Reading on February 27, 2017 New Text I Deleted em (4) COMMERCIAL HANDBILL, Any newspaper or similar publication containing substantial amounts of matter advertising articles or things for sale or any businesses or services for profit which newspaper or similar publication is in normal course distributed without charge and without subscription therefore by the recipients, and includes, but is not limited to, any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, booklet, paper or any other printed or otherwise reproduced original and copies of any matter or literature which: (a) Advertises for sale any merchandise, product, commodity or things; or (b) Directs attention to any business or mercantile or commercial establishment or activity for the purpose of either directly or indirectly promoting the interest thereof by sales; or (c) Directs attention to or advertises any meeting, theatrical performance, exhibition or event of any kind, for which an admission fee is charged for the purpose of profit; or (d) While containing reading matter other than advertising matter, is predominantly and essentially an advertisement and is distributed or circulated for advertising purposes or for private benefit and gain for any person so engaged as advertiser or distributer. (5) LITTER, Garbage, refuse, and rubbish and all other waste material which, if thrown or deposited in a manner prohibited by this article, tends to create a danger to public health, safety and welfare or significantly reduces the aesthetic appearance of public or private property or the public right of way. (6) LITTER RECEPTACLE, A dumpster, trash can, trash bin, garbage can or similar container in which litter is deposited for removal. (7) NEWSPAPER, Any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office Department of the United States, in accordance with the federal statute or regulation, any newspaper filed and recorded with any recording officer as provided by general law and includes but is not limited to any newspaper, periodical or current magazine regularly published and sold to the public by subscription. (8) NONCOMMERCIAL HANDBILL, Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper booklet or any other printed or otherwise reproduced original or copies of any matter of literature not included in the definitions of a commercial handbill. (9) PARK, A park, reservation, playground, recreation center or any other public area in the city owned or used by the city and devoted to recreation. (10) PERSON, Any person, firm, partnership, association, corporation, company or organization of any kind. 15 Page 16 of 27 Ordinance 14 -17 (AMENDED) — as submitted to City Council for Second Reading on February 27, 2017 New Text I Deleted em (11) PRIVATE PREMISES, Any dwelling, house, building, multi - family structure or other structure designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and includes but is not limited to any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house building or other structure. (12) PUBLIC PLACE, Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings. (13) REFUSE, All putrescible and nonputrescible solid wastes except body wastes, including garbage, rubbish, ashes, street cleanings, dead animals, abandoned, wrecked or junked vehicles or parts thereof and solid market and industrial wastes. (14) RUBBISH, Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, metal, wood, glass, crockery, bedding and similar materials. (15) RIGHT OF WAY, The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. (16) VEHICLE, Every device in, upon or by which any person or property is or may be transported or drawn upon a highway. (B) Litter in public places. No person shall throw or deposit litter in or upon any street, sidewalk or other public place including freshwater streams, lakes, and ponds within the city except in public receptacles, or in authorized private receptacles for refuse, recycling or yard waste collection or as placed at the curb for chipper service, leaf service or other city sponsored collection service. (C) Placement of litter in receptacles. Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried, or deposited by the elements upon any street, sidewalk or other public place or upon private property. (D) Depositing litter in gutters. No person shall sweep into or deposit in any gutter, street or other public place within the city the accumulation of litter from any public or private sidewalk or driveway or any building or lot. Persons owning or occupying property or places of business shall keep the sidewalk and parkway in front of their premises free of litter. (E) Litter from a vehicle. No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the city, or upon private property. (F) Littering in parks. No person shall throw or deposit litter in any park within the city except 16 Page 17 of 27 Ordinance 14 -17 (AMENDED) - as submitted to City Council for Second Reading on February 27, 2017 New Text I ^-'� `gem in public receptacles and in such manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided in this article or as prescribed by other sections of the city's codified ordinances. (G) Deposit of commercial handbills on public property. No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the city, nor shall any person hand out or distribute or sell any commercial handbill in any public place, but nothing in this section shall be deemed to prohibit any person from handing out or distributing on any sidewalk, street, or other public place within the city, without charge to the receiver thereof, any commercial handbill to any person willing to accept it. (H) Handbills: placing on vehicles. No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle, but it is not unlawful in any public place for a person to hand out or distribute without charge to the receiver thereof, a noncommercial handbill to any occupant of a vehicle who is willing to accept it. (I) Handbills: deposited on posted property. No person shall throw, depositor distribute any commercial or noncommercial handbill upon any private premises, if requested by any one thereon not to do so, or if there is placed on the premises in a conspicuous position near the entrance thereof, a sign bearing the words, "No Trespassing," "No Peddlers or Agents," "No Advertisement," or any similar notice, indicating in any manner that the occupants of said premises do not desire to have their right of privacy disturbed, or to have any handbill left upon such premises. (1) Depositing handbill at inhabited premises: mail and newspapers. No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises which are inhabited unless the handbill is so placed or deposited as to secure or prevent the handbill from being blown or drifted about the premises or sidewalks, streets or other public places, and except that mailboxes may not be so used when so prohibited by federal postal law or regulations. The provisions of this section shall not apply to the distribution of mail by the United States nor of newspapers as defined by this article. (K) Dropping litter from aircraft. No person in an aircraft shall throw out, drop or deposit within the city any litter, handbill or any other object. _..., ____p.__ p...___ p._p_._, within the _._„ whetheF _....__ by ___h p_.__.. eF ..__, _.___p_ AF _. n ... ___h _ manne-F _..__ ..___. Will be r. _. _..___ .. _... __inn __...__ _. __r__.___ by _.._ that 17 Page 18 of 27 Ordinance 14 -17 (AMENDED) — as submitted to City Council for Second Reading on February 27, 2017 New Text I Deleted em /1�1/TJl_9Tl _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ !L•l�ll!7!!J!L•wJ!!_�TJ�IR -- Nzo-m-lizzaam the _...p._/___/ _. the te Abate IFFeigg the this g.__..__ eF lets ...._ have Five .___.._..__.__ days FFelqq p. _p_._/ she" _.. _..free ..._...__in p._....___ free _. ..___.; __._ ____._.. . ___.p_ _. seetmeig.. she" p._..._._ ... _..._._.._ (A) _...__g.. `._/ _. _. .._ / . Feei._J_ Iea_ �.__..__/ .�__/ • ..._..... the _._/ ....__.._. _..free by ___.. _. free. . ___.._ lets she" k_r_ .. __ _. free_. at all r_.__.. designated On ._. _.._.. use _he" _..._.. and the . _. ___ __ __p__.___ _.._r___ _. refer__ she" met _.. __._.. _. way __late .. __./ ... _.._._ said the _..... _....._.._. .___r__._._ _he" free _ . / On have ___.. __..__..._._ and . ___r___.__ hanipeF g___ __.._._._... .._ . ___r___._ the may Fagged _. _.._. r __g__ the eF any etheF __feet ..able __ theFeef. eF ...j_._ p_.__.. __p__._.ng eF __..___...g __..__..__ /1�1/TJl_9Tl _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ !L•l�ll!7!!J!L•wJ!!_�TJ�IR -- Nzo-m-lizzaam .milwAltf'TS_7/RA7efF! Page 19 of 27 Ordinance 14 -17 (AMENDED) – as submitted to City Council for Second Reading on February 27, 2017 New Text I Deleted em fV)(L) Penalty. Whoever violates 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. 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. —(13)—fAlRequired 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. 19 Page 20 of 27 Ordinance 14 -17 (AMENDED) - as submitted to City Council for Second Reading on February 27, 2017 New Text I Deleted em (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 PropertVManaaement. 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 ofpremises; 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: (i) 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 or trash pickup by a waste collector `eveigel -__.__ _:_..._ �: ___ (ii) 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. 20 Page 21 of 27 Ordinance 14 -17 (AMENDED) — as submitted to City Council for Second Reading on February 27, 2017 New Text I Deleted em (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. (i) 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. (ii) 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. NO All vacant lots shall be kept seeded or maintained in such manner as to prevent erosion of the property and excess drainage onto adioining 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. The Property owner may pay any such charges s eh fees as ehaF J 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 Citv General Fund as provided by R.C. $ 731.54. The recovery of costs by the citv pursuant to this section is a remedy in addition to toe any other penalties that may be levied (c) Violations occurring on construction sites may result in the issuance of a stop - work order until the site is brought into compliance. 21 Page 22 of 27 Ordinance 14 -17 (AMENDED) — as submitted to City Council for Second Reading on February 27, 2017 New Text I Deleted em (d) The city may also take any other iudicial actions provided by law to address violations of this section. €irk (C) 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 herbaceius plants with iointed stems, slender sheathing leaves, and flowers borne in spikelet's of bracts. (b) NOXIOUS, Physically harmful or destructive to living beings. (c) NOXIOUS WEEDS, Means 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, -- `e soFee ' __ .__t..__ ___J_ th_____ 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 22 Page 23 of 27 Ordinance 14 -17 (AMENDED) — as submitted to City Council for Second Reading on February 27, 2017 New Text I Deleted em with sufficient freauencv to prevent such noxious weeds and crass from exceedina 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 subiect property; or by publishing such a notice once in a newspaper of general circulation in the city. (4) Failure of Owner to Comp /v. The Code Enforcement Officer may determine that noxious weeds and grass are growing on land for which a notice has been issued pursuant to (C)(1), 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 eguipment 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 (C)(3) 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. 5 731.54. The recovery of costs by the city pursuant to this section is a remedy in addition to the penalty provided in (C)(7). (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 -- -"-- areas as -'_t__._:__d by G_..__: are exempt from the provisions of this chapter. Designated natural areas abutting residential property or City right -of -way must maintain a one hundred (100) foot buffer at a maximum six inches in height around the perimeter of the entire site. (8) Penalty. Whoever violates any provision of (C)(1) through (C)(6) or (D) 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. (D) Storaoe of Residential Waste and Recvclino Containers. 23 Page 24 of 27 Ordinance 14 -17 (AMENDED) — as submitted to City Council for Second Reading on February 27, 2017 New Text I Deleted em (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 adioining 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 subiect 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 5153.170(A) 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 view of any adioining 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 adiacent 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 adiacent property. Residential waste and recycling container screening located within the Architectural Review District is subiect to review and approval through the Certificate of Zoning Plan Approval (CZPA) process. (E) Parkin in Residential Districts. (1) Definitions. 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 non - commercial 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 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, or any trailers used for hauling equipment or materials, are also included within this definition. 24 Page 25 of 27 Ordinance 14 -17 (AMENDED) — as submitted to City Council for Second Reading on February 27, 2017 New Text I Deleted em (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 adiacent 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 -wa (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 %ndition. 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 (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 (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. (F) Littering. 25 Page 26 of 27 Ordinance 14 -17 (AMENDED) — as submitted to City Council for Second Reading on February 27, 2017 New Text I Deleted em (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 property. (4) Business establishments: receptacles. Every person owning, or managing, or having charge, control or occupance 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 occupance 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 iniure the person depositing or collecting the contents thereof. (6) Unsiahtivpremises. Every person owning, or managing, or having charge, control or occupance of any real property in the city shall not allow any part of such property visible from the street of adioining 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 iurisdiction. Proceedings under this division shall not relieve any party defendant from criminal 26 Page 27 of 27 Ordinance 14 -17 (AMENDED) — as submitted to City Council for Second Reading on February 27, 2017 New Text I Deleted em prosecution or punishment for violation of any other criminal law or ordinance in force within the ci . —+%(G) Penalty. fa3(1) Any person violating any provisions of this section wW shall be ...:_d_.______ and _..b:__t t_ ____ h, 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. f-W2) 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. 0127206.0608086 4834 - 6092- 1906v1 27 City of Dublin Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 -1090 Phone: 614 - 410 -4400 • Fax: 614- 410 -4490 Memo To: Members of Dublin City Council From: Dana L. McDaniel, City Manag, Initiated By: Vince A. Papsidero, FAICP, Planning Director Logan M. Stang, Planner I Date: February 9, 2017 Re: Ordinance 14 -17 — Amending the International Property Maintenance Code and Relocating the Nuisance and Health /Safety - related Sections of the Codified Ordinances of the City of Dublin to Section 153.076, Public Nuisance Regulations. (Case 16- 036ADMC) Summary This is a request by Staff to amend and relocate various sections of the Dublin Codified Ordinances pertaining to residential property management and maintenance under a single Public Nuisance Regulations section, Section 153.076. The amendments will create a cohesive list of residential maintenance regulations under the Zoning Code, Chapter 153, for staff to enforce throughout the City. Background The intent of this code amendment is to organize sections of the Dublin Codified Ordinances regulating property maintenance under a single code section. The existing Dublin Codified Ordinances has segmented these regulations into various chapters and sub - sections making applicable standards difficult to locate and reference. Many of these sections would fall under regulations currently listed in the Zoning Code, so in an effort to organize and consolidate code sections, staff has initiated this amendment. There are minimal text revisions associated with this amendment, as the primary purpose is simply the relocation of existing sections. Summary of Modifications The proposed Code amendment is intended to relocate and consolidate existing code sections from various chapters into one comprehensive Public Nuisance Regulation section within the Zoning Code with minor revisions associated with existing language. . Replace "Chief Building Official" with "City Manager" as the Code Official. 153.231 1 Additions, Insertions . Remove "Serious Hazard" definition and an and Changes y g associated Code Sections that reference this terminology. Memo re. Ord. 14 -17 Public Nuisance Code Amendment February 9, 2017 Page 2 of 3 Zoning Code Section Summary of Proposed Amendments • Relocation of sub - sections (A) Purpose, (C) Condition ofpremises; waste accumulation, (F) Corrective action by municipal officials, and (G) 153.073 � Comprehensive Appeals to Section 153.076(6). Residential and Neighborhood Improvement .Revising `BSC" zoning classifications to "BSD" designations. • Revise sub - section (B) Home Occupation to remove the maximum square footage requirement and outdated information. • Revise sub - section (7) Exemptions to require designated natural areas of one acre or larger be maintained along the entire perimeter. • Relocate Sections 95.20 Definitions, 95.21 Removal 95 Weeds of noxious weeds and grass; duty of Code Enforcement Officer, 95.22 Notice to owner to cut weeds and grass, 95.23 Failure of owner to comply, 95.24 Costs, 95.25 Payment of Costs; unpaid costs a lien, 95.26 Exemptions, and 95.99 Penalty to Section 153.076(C). . Relocate to Section 153.076(D). 95.09 1 Storage of residential .Creation of sub - section (2) outlining screening waste and recycling containers regulations that pertain to residential properties in the Historic District. 153.207 1 Parking in Residential .Relocate to Section 153.076(E). Districts . Relocate sub - sections (L) through (U) to Section 153.076(F). 94.05 1 Littering .Addition of sub - section (L) Penaltyto create a sequential violation list for repeat offenders. Revise sub - section (A) Prevention of nuisance to apply to the entire section for public nuisance regulations. Creation of sub - section (B) Residential Properly 153.076 1 Public Nuisance Management. Regulations •Revise all penalty sub - sections to refer to a single penalty section applicable to all public nuisance regulations. . Creation of sub - section (G) Pena /tyfor the public nuisance regulation section. . Remove the appeals process from sub - section (B) as it is no longer applicable. Memo re. Ord. 14-17 Public Nuisance Code Amendment February 9, 2017 Page 3 of 3 iII jrA V1 The Commission reviewed and recommended approval to City Council of this amendment at their January 5, 2017 meeting. The Commission had previously reviewed and tabled the code amendment at the August 11, 2016 meeting due to concern regarding the outdated home occupation language. �Iyli StaN recommends City Council approval of Ordinance 14-17 at the second reading/public hearing on February 27, 2017. Dayton Legal Blank, Inc. Ordinance No. 14 -17 RECORD OF ORDINANCES Passed AR9 ORDINANCE AMENDING THE YiVTERNATIONAL PROPER' MAINTENANCE CODE AND RELOCATING THE NUISANCE ANVJ) HEALTH /SAFETY - RELATED SECTIONS OF THE CODIFIED ORDINANCES OF THE CITY OF DUBLIN TO SECTION 153.076, PUBLIC NUISANCE REGULATIONS. (CASE 16- 036ADMC) Form No. 30043 20 WHEREAS, currently, the designated administrator /code official of the International Property Maintenance Code is the Chief Building Official, yet, Code Enforcement Staff is charged with conducting compliance activities of the International Property Maintenance Code; and WHEREAS, under Article 5.04 of the Revised Charter of Dublin, the City Manager is the chief administrator and law enforcement officer for the City of Dublin; and WHEREAS, the proposed Ordinance will establish the City Manager or his designee as the administrator /code official for the International Property Maintenance Code; and WHEREAS, various provisions and sections in the Codified Ordinances of the City of Dublin ('Codified Ordinances' provide for regulation and enforcement of nuisance and health /safety- related violations; and WHEREAS, many of the nuisance and health /safety - related sections that are located in various areas of the Codified Ordinances making it cumbersome for Staff as well as the general public when researching maintenance information; and WHEREAS, the proposed Ordinance will amend those code sections to locate the various nuisance and health /safety- related sections in one area of the Codified Ordinances; and WHEREAS, the various nuisance and health /safety- related sections will be relocated to Section 153.076 of the Codified Ordinances, the Public Nuisance Regulation section; and WHEREAS, in addition to creating a more user - friendly section for the general public and Staff to locate and identify potential code violations, the relocation of these sections into Section 153.076 will allow a n administrative remedy for violations by permitting them to be heard by the Board of Zoning Appeals; and WHEREAS, the City desires to make these changes to streamline the code enforcement process. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, of the elected members concurring, that: Section 1. Section 150.231 of the Codified Ordinances of the City of Dublin is hereby amended and shall provide as follows: § Section .150,231 Additions, Insertions and Changes, The International Property Maintenance Code is amended and revised in the follow respects: All references to Code Official shall be change to City Manager. Section PM -101.1 Insert: City of Dublin Section 101.2 Amend to read as follows: This Code is intended to protect the public health, safety and welfare in all existing structures, residential and non - residential, and on all existing premises by establishing minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; fixing the responsibility Dayton Legal Blank, Inc. Ordinance No. 14 -17 RECORD OF ORDINANCES Passed Page 2 of 15 Form No. 30043 2 of owners, operators and occupants; regulating the occupancy of existing structures and premises, and providing for administration, enforcement and penalties. Nothing contained herein shall be construed to require an owner, operator or occupant to alter, remove, modify or otherwise abate a condition under the following parameters: 1) Existing conditions which are considered violations under this Code which were permissible when the structure or premises was originally constructed and /or issued a building permit shall be permitted to remain provided the condition is properly maintained in a condition similar to that at the time of original construction and said condition does not constitute a Hazard; or 2) Existing conditions within structures built before March 1, 1959 or listed on the National Register of Historic structures, are exempted from this Code unless the condition is deemed to be a Hazard to the health, safety or welfare of the occupant(s). Section 103.1 Delete Section 103.2 Delete Section 106.4 Amend to read as follows: Any person who shall violate a provision of this Code is guilty of a fourth degree misdemeanor. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Section 111.1 Amend to read as follows: Any person affected by a decision of the Code Official or a notice or order issued under this Code shall have the right to appeal to the Dublin Board of Zoning Appeals. Section 111.2 through 111.8 Delete Amend the definition of Code Official to read as follows: Code Official: unless specifically identified shall mean the City Manager of the City of Dublin. (City Manager) Section 302.4 Amend to read as follows: All premises shall be kept free from noxious weeds in accordance with the provisions of Chapter 95 of the Codified Ordinances of the City of Dublin. Section 304.14 Insert: April 1 to November 1. Section 404.5 Overcrowding. Amend to read as follows: In every dwelling unit, every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor space, excluding closet space, and every room occupied for sleeping purposes by more than one occupant shall contain at least 70 square feet of floor space for each occupant of the room, excluding closet space. Section 602.3 Insert: October 1 to May 1. Section 602.4 Insert: October 1 to May 1. Section 2. Section 153.073 of the Codified Ordinances of the City of Dublin is hereby amended and shall provide as follows: 153.073 COMPREHENSIVE RESIDENTIAL AND NEIGHBORHOOD IMPROVEMENT. (A) Home occupation. Home occupation shall be those limited occupations which are hereafter defined and which may be carried on in residential neighborhoods. (1) Standards for home occupations. No home occupation shall hereafter be established, altered or enlarged in any residential district unless such home occupation is RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. 14 -17 Passed. Page 3 of 15 , 20 permitted by this chapter and complies with the following restrictions or standards: (a) No person other than members of the family residing on the premises shall be engaged in a home occupation in any Residential District. (b) No sign shall be used in connection with a home occupation, nor shall any display be used that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling. (c) There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation, which would change the essential character thereof as a dwelling. (d) The space devoted for use of the home occupation must be within the main dwelling, basement or attached garage. Accessory buildings such as detached garages or sheds shall not be used for home occupations. (e) No mechanical or electrical equipment shall be used except normal domestic equipment or any equipment necessary and essential to any of the permitted home occupations. (f) No home occupation shall be used in such a manner as to create offensive noise, vibration, smoke or other particular matter, heat, humidity, glare, electronic interference or otherwise constitute a nuisance or safety hazard to any occupant of adjacent or nearby properties. (g) There shall be no outdoor storage of equipment or materials used in the home occupation. (h) Not more than four motor vehicles, used by customers of the home occupation, shall be parked at the location of the home occupation at one time. (i) The home occupation shall not generate traffic greater in volume than normal for residential neighborhood. (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 Director of Land Use and Long Range Planning after a public notice 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. (2) Permit. All persons conducting home occupations which are presently existing, or which are established, changed or enlarged after this chapter is in effect shall be required to obtain a permit from the City Manager or his agent. The initial permit shall be valid for a period of two years after the date of issuance. A renewal permit must be secured for each subsequent two -year period thereafter. (3) Permitted home occupations. Home occupations will be issued if determined that such uses are in keeping with the intent and purpose of this section. It shall not be the intent of this section to require a home occupation permit for maintenance of a home or private professional office (e.g., doctor's, lawyer's or architect's), provided that the office not be used as a physical location to conduct business meetings with clients /customers and the provisions of this section regarding sig nage, traffic and other provisions regulating home occupations are adhered to. (13) Model homes in residential districts. Regulation of model homes is intended to preserve the opportunity for potential residents of the city to inspect housing available within the municipality; to provide home builders a forum to demonstrate housing styles and options; to preserve the quality of residential life for nearby residents; and to protect residential areas from the potential adverse effects of non - residential uses. Dayton Legal Blank, Inc. Ordinance No. 14 -17 RECORD OF ORDINANCES Form No. 30043 Passed- Page 4 of 15 , 20 (1) App lication. This section shall apply to Al residential districts, including residential planned districts, unless specific provisions of the applicable development text specify otherwise. (2) Approval. The Administrative Official or designee shall be permitted to issue a Certificate of Zoning Plan Approval (CZPA) for model homes, sales offices, and sales trailers in residential districts, provided specific criteria are met. (a) Model homes and sales offices may be approved for up to two years. 1. Certificates of Zoning Plan Approval may be approved for up to an additional two years until the residential development as defined in the application for a CZPA is 75% occupied. 2. When the residential development is greater than 75% occupied but less than 95% occupied, a CZPA may be approved by the Administrative Official for up to one year. 3. Operation of the model home or sales office shall be discontinued within 90 days once the residential development is 95% occupied. 4. For the purposes of this section, the term OCCUPIED shall refer to residential units that are being used as a dwelling, or residential units that are vacant and owned by an entity other than the developer or a home builder. 5. Once operation of the model home or sales office is discontinued, all improvements made for the purposes of the model home or sales office use, including but not limited to signs and associated landscaping, lighting, and architectural modifications, shall be removed and restored to conditions typical of a residential development within 90 days. (b) Sales trailers may be permitted for a maximum of two years, or until a model home or sales office is constructed, whichever occurs first. (c) Approval of a CPA for model homes and sales offices in residential districts shall be subject to the following: 1. The building which serves as the office /sales facility shall be sited within the development to ensure that the model home is easily accessible and identifiable and shall not detract from the residential and architectural character of the neighborhood. 2. External lighting may be approved provided it does not detract from the residential character of the building. In no case shall exterior lighting other than usual and customary residential lighting be permitted after 9:00 p.m. All interior lighting, with the exception of lighting in a maximum of two rooms, shall be turned off by 9:00 p.m. and remain off until 8:00 a.m. daily. 3. One identification sign is permitted for model homes and sales offices, not exceeding eight square feet in area and six feet in height. Signs shall maintain a minimum eight -foot setback from the right -of -way. A sign permit is required for all signs. 4. All structures shall comply with all applicable requirements of the city and any additional development standards for the zoning district. 5. Locations for parking for sales staff and customers shall avoid creating disruptions to surrounding residents. Parking for model homes and sales offices shall be provided either on -site or on- street adjacent to the facility, except as provided in division 6. below. Parking lots for sales trailers or sales offices shall meet all requirements of this chapter related to parking lots. 6. Freestanding, off -site parking lots for model homes shall be permitted only on residential lots adjacent to unoccupied lots with the exception of the model home and only after obtaining a special permit according to the procedures of § 153.231(G). The Dayton Legal Blank, Inc. Ordinance No. 14 -17 RECORD OF ORDINANCES Form No. 30043 Passed Page 5 of 15 , 20 parking lot shall not extend beyond the rear elevation, nor project forward of the front elevation, of the model home. A sidewalk shall be provided from the parking lot to the model home. The parking lot and sidewalk must be removed within 90 days after a building permit is obtained for the adjacent vacant lot or the model home operation is discontinued. 7. An application for a CZPA shall include information regarding hours of operation, number and type of employees with the maximum number of employees expected on site at any time, provision of parking for employees and customers, and a description of the proposed facility's compliance with the standards of this section. (3) Number of model homes. If the Administrative Official determines that the number of model homes in any residential district is excessive or is affecting the residential character of the neighborhood or the development, the applicant shall be required to obtain a special permit in accordance with the requirements of § 153.231(G) prior to operating the model home or sales office. (4) Notices. The city shall notify any registered homeowners associations and all property owners within 300 feet of the site of a proposed model home, sales office, or sales trailer in a residential district within ten days from the receipt of a complete application for a CZPA. 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. At least 14 days shall be provided for public comment prior to a determination by the Administrative Official. (C) Community residences for people with disabilities. (1) A family community residence shall be allowed as of right in zoning districts R, R -I, R -2, R -31 R -4, R -101 R -12, BSD -R, BSD -OR, BSD -0, BSD -HC, BSD -HR, and all Planned Unit Developments, provided (1) it is located at least eight lots on its side of the street from an existing community residence and is at least 660 linear feet from the closest existing community residence as measured from the nearest property line of the proposed community residence to the nearest property line of the existing community residence, and (2) the operator or applicant is licensed or certified by the State of Ohio to operate the proposed community residence, has certification from an appropriate national accrediting agency, or has been recognized or sanctioned by Congress to operate the proposed community residence. (2) A conditional use permit is required to establish any community residence within eight lots on its side of the street from an existing community residency or within 660 linear feet of the closest existing community residence as measured from the nearest property line of the proposed community residence to the nearest property line of the existing community residence, or the State of Ohio does not require the operator to be licensed or certified to operate the community residence or Congress does not recognize or sanction the community residence. The conditional use permit is subject to the standards for a conditional use permit set forth in § 153.236(C) and the following standards: (a) The proposed community residence will not interfere with the normalization and community integration of the residents of any existing community residence for people with disabilities; (b) The applicant demonstrates that it will operate the home in a manner similar to that ordinarily required by state licensing to protect the health, safety, and welfare of the occupants of the community residence; and (c) The proposed community residence in combination with any existing community residences will not alter the character of the surrounding neighborhood by creating an institutional atmosphere or by creating a de facto social service district by excessively concentrating community residences on a block. (3) A transitional community residence shall be allowed as of right in zoning districts R -121 BSD -R, BSD -OR, BSD -O, and BSD -HTN, and in any Planned Unit Development in RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. 14 -17 Passed Page 6 of 15 20 which buildings with three or more dwelling units are allowed, provided (1) it is located at least eight lots on its side of the street from an existing community residence and is at least 660 linear feet from the closest existing community residence as measured from the nearest property line of the proposed community residence to the nearest property line of the existing community residence, and (2) the operator or applicant is licensed or certified by the State of Ohio to operate the proposed community residence, has certification from an appropriate national accrediting agency, or has been recognized or sanctioned by Congress to operate the proposed community residence. (4) In the R -12, BSD-R, BSD -OR, BSD -O, and BSD -HTN zoning districts, a conditional use permit is required to establish a transitional community residence within eight lots on its side of the street from an existing community residence or within 660 linear feet of the closest existing community residence as measured from the nearest property line of the proposed community residence to the nearest property line of the existing community residence, or the State of Ohio does not require the operator to be licensed or certified to operate the community residence or Congress does not recognize or sanction the community residence. The conditional use permit is subject to the standards for a conditional use permit set forth in § 153.236(C) and the following standards: (a) The proposed community residence will not interfere with the normalization and community integration of the residents of any existing community residence for people with disabilities; (b) The applicant demonstrates that it will operate the home in a manner similar to that ordinarily required by state licensing to protect the health, safety, and welfare of the occupants of the community residence; and (c) The proposed community residence in combination with any existing community residences will not alter the character of the surrounding neighborhood by creating an institutional atmosphere or by creating a de facto social service district by concentrating community residences on a block. (5) A transitional community residence shall be allowed by conditional use permit in residential districts R, R -1, R -21 R -31 R -41 R -10, and all Planned Unit Developments, subject to the standards for a conditional use permit set forth in § 153.236(C) and the following standards when there is an existing community residence within eight lots on its side of the street from the proposed community residence or within 660 linear feet of the closest existing community residence as measured from the nearest property line of the proposed community residence to the nearest property line of the existing community residence, or the State of Ohio does not require the operator to be licensed or certified to operate the community residence or Congress does not recognize or sanction the community residence: (a) The proposed community residence will not interfere with the normalization and community integration of the residents of any existing community residence for people with disabilities; (b) The applicant demonstrates that it will operate the home in a manner similar to that ordinarily required by state licensing to protect the health, safety, and welfare of the occupants of the community residence; and (c) The proposed community residence in combination with any existing community residences, will not alter the character of the surrounding neighborhood by creating an institutional atmosphere or by creating a de facto social service district by concentrating community residences on a block. Section 3. Sections 95.20 through 95.99 of the Codified Ordinances of the City of Dublin are hereby deleted in their entirety and relocated to Section 153.076(C); Section 95.09 of the Codified Ordinances of the City of Dublin is hereby deleted in its entirety and relocated to Section 153.076(D); Section 153.207 of the Codified Ordinances of the City of Dublin is hereby deleted in its entirety and relocated to Section 153.076(E); and Sections Dayton Legal Blank, Inc. Ordinance No. 14 -17 RECORD OF ORDINANCES Form No. 30043 Passed Page 7 of 15 20 94.05(L) through 94.05(R), (U), and (V) of the Codified Ordinances of the City of Dublin are hereby deleted in their entirety and relocated to Section 153.076(F). Section 4. Section 94.05 of the Codified Ordinances of the City of Dublin is hereby amended and shall provide as follows: § 94.05 LITTERING. (A) Definitions. For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number. The word "shall" is always mandatory and not merely d i rectory: (1) AIRCRAFT, Any contrivance now known or hereafter invented, used or designed for navigation or for flight in the air, and includes but is not limited to helicopters and lighter - than -air dirigibles and balloons. (2) AUTHORIZED PRIVATE RECEPTACLE, A litter storage and collection receptacle as required and authorized in this article. (3) CITY. The City of Dublin. (4) COMMERCIAL HANDBILL, Any newspaper or similar publication containing substantial amounts of matter advertising articles or things for sale or any businesses or services for profit which newspaper or similar publication is in normal course distributed without charge and without subscription therefore by the recipients, and includes, but is not limited to, any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, booklet, paper or any other printed or otherwise reproduced original and copies of any matter or literature which : (a) Advertises for sale any merchandise, product, commodity or things; or (b) Directs attention to any business or mercantile or commercial establishment or activity for the purpose of either directly or indirectly promoting the interest thereof by sales; or (c) Directs attention to or advertises any meeting, theatrical performance, exhibition or event of any kind, for which an admission fee is charged for the purpose of profit; or (d) While containing reading matter other than advertising matter, is predominantly and essentially an advertisement and is distributed or circulated for advertising purposes or for private benefit and gain for any person so engaged as advertiser or distributer. (5) LITTER, Garbage, refuse, and rubbish and all other waste material which, if thrown or deposited in a manner prohibited by this article, tends to create a danger to public health, safety and welfare or significantly reduces the aesthetic appearance of public or private property or the public right of way. (6) LITTER RECEPTACLE, A dumpster, trash can, trash bin, garbage can or similar container in which litter is deposited for removal. (7) NEWSPAPER, Any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office Department of the United States, in accordance with the federal statute or regulation, any newspaper filed and recorded with any recording officer as provided by general law and includes but is not limited to any newspaper, periodical or current magazine regularly published and sold to the public by subscription. (8) NONCOMMERCIAL HANDBILL. Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper booklet or any other printed or otherwise reproduced original or copies of any matter of literature not Dayton Legal Blank, Inc. Ordinance No. 14 -17 RECORD OF ORDINANCES Form No. 30043 Passed Page 8 of 15 , 20 included in the definitions of a commercial handbill. (9) PARK, A park, reservation, playground, recreation center or any other public area in the city owned or used by the city and devoted to recreation. (10) PERSON, Any person, firm, partnership, association, corporation, company or organization of any kind. (11) PRIVATE PREMISES, Any dwelling, house, building, multi - family structure or other structure designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and includes but is not limited to any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house building or other structure. (12) PUBLIC PLACE, Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings. (13) REFUSE, All putrescible and nonputrescible solid wastes except body waste, including garbage, rubbish, ashes, street cleanings, dead animals, abandoned, wrecked or junked vehicles or parts thereof and solid market and industrial wastes. (14) RUBBISH, Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, metal, wood, glass, crockery, bedding and similar materials. (15) RIGHT OF VVAY, The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. (16) VEHICLE. Every device in, upon or by which any person or properly is or may be transported or drawn upon a highway. (13) Litter in public places. No person shall throw or deposit litter in or upon any street, sidewalk or other public place including freshwater streams, lakes, and ponds within the city except in public receptacles, or in authorized private receptacles for refuse, recycling or yard waste collection or as placed at the curb for chipper service, leaf service or other city sponsored collection service. (C) Placement of litter in receptacles. Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried, or deposited by the elements upon any street, sidewalk or other public place or upon private property. (D) Depositing litter in gutters. No person shall sweep into or deposit in any gutter, street or other public place within the city the accumulation of litter from any public or private sidewalk or driveway or any building or lot. Persons owning or occupying property or places of business shall keep the sidewalk and parkway in front of their premises free of litter. (E) Litter from a vehicle. No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the city, or upon private property. (F) Littering in parks. No person shall throw or deposit litter in any park within the city except in public receptacles and in such manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. where public receptacles are not provided, a l l litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided in this article or as prescribed by other sections of the city's codified ordinances. (G) Deposit of commercial handbills on public property. No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the city, nor shall any person hand out or distribute or sell any Dayton Legal Blank, Inc. Ordinance No. 14 -17 RECORD OF ORDINANCES Form No. 30043 Passed Page 9 of 15 20 commercial handbill in any public place, but nothing in this section shall be deemed to prohibit any person from handing out or distributing on any sidewalk, street, or other public place within the city, without charge to the receiver thereof, any commercial handbill to any person willing to accept it. (H) Handbills: placing on vehicles. No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle, but it is not unlawful in any public place for a person to hand out or distribute without charge to the receiver thereof, a noncommercial handbill to any occupant of a vehicle who is willing to accept it. (I) Handbills: deposited on posted property. No person shall throw, deposit or distribute any commercial or noncommercial handbill upon any private premises, if requested by any one thereon not to do so, or if there is placed on the premises in a conspicuous position near the entrance thereof, a sign bearing the words, "No Trespassing," "No Peddlers or Agents," "No Advertisement," or any similar notice, indicating in any manner that the occupants of said premises do not desire to have their right of privacy disturbed, or to have any handbill left upon such premises. (J) Depositing handbill at inhabited premises: mail and newspapers. No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises which are inhabited unless the handbill is so placed or deposited as to secure or prevent the handbill from being blown or drifted about the premises or sidewalks, streets or other public places, and except that mailboxes may not be so used when so prohibited by federal postal law or regulations. The provisions of this section shall not apply to the distribution of mail by the United States nor of newspapers as defined by this article. (K) Dropping litter from aircraft. No person in an aircraft shall throw out, drop or deposit within the city any litter, handbill or any other object. (L) Penalty. Whoever violates this section shall be guilty of a minor m isdemea nor. 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. Section S. Section 153.076 of the Codified Ordinances of the City of Dublin is hereby amended and shall provide as follows: 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 bast 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. Davton Leeal Blank. Inc. Ordinance No. 14 -17 RECORD OF ORDINANCES Form No. 30043 Passed Page 10 of 15 20 (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. (13) 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: (i) 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 trach pickup by a waste collector. (ii) 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. (i) 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. (ii) 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. (iii) 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. RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. 14 -17 Passed. Page 11 of 15 , 20 (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 stop -work 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) 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 dowers borne in spikelet's of bracts. (b) NOXIOUS, Physically harmful or destructive to living beings. (c) NOXIOUS WEEDS, Means 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 fa i I 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 Gut 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 coat 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. Dayton Legal Blank, Inc. Ordinance No. 14 -17 RECORD OF ORDINANCES Rnrm Nn 'Afltld Z Passed Page 12 of 15 20 (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 (C)(1), 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) C o s t s . The property owner shall pay a l l 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 (C)(3) 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 (C)(7). (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 one hundred (100) foot buffer at a maximum six inches in height around the perimeter of the entire sits. (8) Penalty. Whoever violates any provision of (C)(1) through (C)(6) or (D) 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. (D) 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(A) 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. (E) Parking in Residential Districts. Dayton Legal Blank, Inc. Ordinance No. 14 -17 RECORD OF ORDINANCES Passed Page 13 of 15 Form No. 30043 20 (1) ®eflnitions. 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 anon- commercial 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 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, 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) Persona/ 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) Maintenanc %ondition. 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 (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 (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 Dayton Legal Blank, Inc. Ordinance No. 14 -17 RECORD OF ORDINANCES Passed Page 14 of 15 Form No. 30043 20 for completion of delivery, if such actions are conducted diligently and without unnecessary delay. (F) 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 properly. (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 property. (4) Business establishments: receptacles. Every person owning, or managing, or having charge, control or occupance 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 occupance 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 occupance 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. (G) Penalty, (1) 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. Dayton Legal Blank, Inc. Ordinance No. 14 -17 RECORD OF ORDINANCES Form No. 30043 Passed Page 15 of 15 20 (2) 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. Section 6. This Ordinance shall take effect upon the earliest date permitted by law. Passed this day of - - -- - -- _- 2017. Mayor - Presiding Officer ATTEST: Clerk of Council Page 1 of 26 Ordinance 14 -17 — as submitted to City Council for First Reading on February 13, 2017 New Text I Deleted em Property Maintenance Code Amendment Section 150,231 Additions, Insertions and Changes, The International Property Maintenance Code is amended and revised in the follow respects: All references to Code Official shall be change to Ghief Building Gffi City Manager. Section PM -101.1 Insert: City of Dublin Section 101.2 Amend to read as follows: This Code is intended to protect the public health, safety and welfare in all existing structures, residential and non - residential, and on all existing premises by establishing minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; fixing the responsibility of owners, operators and occupants; regulating the occupancy of existing structures and premises, and providing for administration, enforcement and penalties. Nothing contained herein shall be construed to require an owner, operator or occupant to alter, remove, modify or otherwise abate a condition under the following parameters: 1) Existing conditions which are considered violations under this Code which were permissible when the structure or premises was originally constructed and /or issued a building permit shall be permitted to remain provided the condition is properly maintained in a condition similar to that at the time of original construction and said condition does not constitute a SeFieHs Hazard; or 2) Existing conditions within structures built before March 1, 1959 or listed on the National Register of Historic structures, are exempted from this Code unless the condition is deemed to be a SeFieus Hazard to the health, safety or welfare of the occupant(s). Section 103.1 Delete Section 103.2 Delete Section 106.4 Amend to read as follows: Any person who shall violate a provision of this Code is guilty of a fourth degree misdemeanor. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 1 Page 2 of 26 Ordinance 14 -17 — as submitted to City Council for First Reading on February 13, 2017 New Text I Deleted em Section 111.1 Amend to read as follows: Any person affected by a decision of the Code Official or a notice or order issued under this Code shall have the right to appeal to the Dublin Board of Zoning Appeals. Section 111.2 through 111.8 Delete Amend the definition of Code Official to read as follows: Code Official: unless specifically identified shall mean the Ghief Building Gffi City Manager of the City of Dublin. (City Manager) Add the following definition: __.:___ ..___._:....___._ _. __.._:__.__._ __..__El__..__ __ safe_, _...__._h _...__g.. the _:g.., ..... _.. hR;-'RFFI ..__ ___.. _____.._..__ _. ..__g.. _._p_.. _..__, testing, . eF .sass. _.. _. __.__... _. Section 302.4 Amend to read as follows: All premises shall be kept free from noxious weeds in accordance with the provisions of Chapter 95 of the Codified Ordinances of the City of Dublin. Section 304.14 Insert: April 1 to November 1. Section 404.5 Overcrowding. Amend to read as follows: In every dwelling unit, every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor space, excluding closet space, and every room occupied for sleeping purposes by more than one occupant shall contain at least 70 square feet of floor space for each occupant of the room, excluding closet space. Section 602.3 Insert: October 1 to May 1. Section 602.4 Insert: October 1 to May 1. Relocation of Sections 153.073(A), (C), (F), & (G) to Section 153.076(8) Relocation of Sections 95.20 through 95.99 to Section 153.076(C) Relocation of Section 95.09 to Section 153.076(D) Relocation of Section 153.207 to Section 153.076(E) 94 Page 3 of 26 Ordinance 14 -17 - as submitted to City Council for First Reading on February 13, 2017 New Text I Deleted em Relocation of Sections 94.05(L) through (R), (U), & (V) to Section 153.076(F) as follows: 153.073 COMPREHENSIVE RESIDENTIAL AND NEIGHBORHOOD IMPROVEMENT. (A) Pwpese:. `_) The la_.p___ _. this ____._.. she" the _...._..__..._.._ _. the p__.._ flea._.., safe_, and welfaFe by _........__...g __.._._._.._ ._._.able __ p___.._..__, _.seas_ and g_.._._. unsafe __.._._._.._, whole at the sange tinge ingpFeving the quality and appeaFamee and ngest likely, the Value e `_) in __nj_..__._n _.._. _..fal 1, it ._ .Ong p_. __.._ __ ..._...__.... _side.._._. _. ___ as . _side.._._. _. ___ sass _: �. _�_. _,. (A) (E} Home occupation. Home occupation shall be those limited occupations which are hereafter defined and which may be carried on in residential neighborhoods. (1) Standards for home occupations. No home occupation shall hereafter be established, altered or enlarged in any residential district unless such home occupation is permitted by this chapter and complies with the following restrictions or standards: (a) No person other than members of the family residing on the premises shall be engaged in a home occupation in any Residential District. (b) No sign shall be used in connection with a home occupation, nor shall any display be used that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling. (c) There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation, which would change the essential character thereof as a dwelling. (d) The space devoted for use of the home occupation must be within the main dwelling basement or attached garage and shall eeeupy iget n9eFe thaig 399 sqelwe feet. Accessory buildings such as detached garages or sheds, wheth-- -ttaehe ' -- wgattaehed, shall not be used for home occupations. 3 Page 4 of 26 Ordinance 14 -17 — as submitted to City Council for First Reading on February 13, 2017 New Text I Deleted (e) No mechanical or electrical equipment shall be used except normal domestic - guipment r or any equipment necessary and essential to any of the permitted home occupations. (f) No home occupation shall be used in such a manner as to create offensive noise, vibration, smoke or other particular matter, heat, humidity, glare, electronic interference or otherwise constitute a nuisance or safety hazard to any occupant of adjacent or nearby properties. (g) There shall be no outdoor storage of equipment or materials used in the home occupation. (h) Not more than four motor vehicles, used by customers of the home occupation, shall be parked at the location of the home occupation at one time. (i) The home occupation shall not generate traffic greater in volume than normal for residential neighborhood. (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 Director of Land Use and Long Range Planning after a public notice 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. (2) Permit. All persons conducting home occupations which are presently existing, or which are established, changed or enlarged after this chapter is in effect shall be required to obtain a permit from the City EwgineeF Manager or his agent. The initial permit shall be valid for a period of two years after the date of issuance. A renewal permit must be secured for each subsequent two -year period thereafter. (3) Permitted home occupations. Home occupation permits will be issued if determined that such uses are in keeping with the intent and purpose of this section. It shall not be the intent of this section to require a home occupation permit for maintenance of a home or private professional office Fefess'nz! = "'. ="'. =e (e.g., doctor's, lawyer's or architect's) =- his PFemises, provided that the office not be used as a physical location to conduct business meetings with clients /customers and the provisions of this section regarding signage, traffic and other provisions regulating home occupations are adhered to. Fesodents she"! Id Page 5 of 26 Ordinance 14 -17 — as submitted to City Council for First Reading on February 13, 2017 New Text I Deleted em "" {B} Model homes in residential districts. Regulation of model homes is intended to preserve the opportunity for potential residents of the city to inspect housing available within the municipality; to provide home builders a forum to demonstrate housing styles and options; to preserve the quality of residential life for nearby residents; and to protect residential areas from the potential adverse effects of non - residential uses. (1) Application. This section shall apply to all residential districts, including residential - --- - -- -- -- - -- - --- - - -- -- - - - -- -- -- --- -- -- - - --- - - - - -- - - - -- -- - - - -- - - - W - -- -- - - -- -- -- - - - -- - - - - - -- - -- - -- -- - - - -- -- ONIAN - - -- - -- - -- -- - -- -- -- - -- - - - - - -- - -- -- - - - "" {B} Model homes in residential districts. Regulation of model homes is intended to preserve the opportunity for potential residents of the city to inspect housing available within the municipality; to provide home builders a forum to demonstrate housing styles and options; to preserve the quality of residential life for nearby residents; and to protect residential areas from the potential adverse effects of non - residential uses. (1) Application. This section shall apply to all residential districts, including residential Page 6 of 26 Ordinance 14 -17 - as submitted to City Council for First Reading on February 13, 2017 New Text I ^-'� `gem planned districts, unless specific provisions of the applicable development text specify otherwise (2) Approval. The Administrative Official or designee shall be permitted to issue a Certificate of Zoning Plan Approval (CZPA) for model homes, sales offices, and sales trailers in residential districts, provided specific criteria are met. (a) Model homes and sales offices may be approved for up to two years. 1. Certificates of Zoning Plan Approval may be approved for up to an additional two years until the residential development as defined in the application for a CZPA is 75% occupied. 2. When the residential development is greater than 75% occupied but less than 95% occupied, a CZPA may be approved by the Administrative Official for up to one year. 3. Operation of the model home or sales office shall be discontinued within 90 days once the residential development is 95% occupied. 4. For the purposes of this section, the term OCCUPIED shall refer to residential units that are being used as a dwelling, or residential units that are vacant and owned by an entity other than the developer or a home builder. 5. Once operation of the model home or sales office is discontinued, all improvements made for the purposes of the model home or sales office use, including but not limited to signs and associated landscaping, lighting, and architectural modifications, shall be removed and restored to conditions typical of a residential development within 90 days. (b) Sales trailers may be permitted for a maximum of two years, or until a model home or sales office is constructed, whichever occurs first. (c) Approval of a CZPA for model homes and sales offices in residential districts shall be subject to the following: 1. The building which serves as the office /sales facility shall be sited within the development to ensure that the model home is easily accessible and identifiable and shall not detract from the residential and architectural character of the neighborhood. 2. External lighting may be approved provided it does not detract from the residential character of the building. In no case shall exterior lighting other than usual and customary residential lighting be permitted after 9:00 p.m. All interior lighting, with the exception of lighting in a maximum of two rooms, shall be turned off by 9:00 p.m. and remain off until 8:00 a.m. daily. 3. One identification sign is permitted for model homes and sales offices, not exceeding eight square feet in area and six feet in height. Signs shall maintain a minimum eight -foot setback from the right -of -way. A sign permit is required for all signs. 11 Page 7 of 26 Ordinance 14 -17 — as submitted to City Council for First Reading on February 13, 2017 New Text I Deleted em 4. All structures shall comply with all applicable requirements of the city and any additional development standards for the zoning district. 5. Locations for parking for sales staff and customers shall avoid creating disruptions to surrounding residents. Parking for model homes and sales offices shall be provided either on- site or on- street adjacent to the facility, except as provided in division 6. below. Parking lots for sales trailers or sales offices shall meet all requirements of this chapter related to parking lots. 6. Freestanding, off -site parking lots for model homes shall be permitted only on residential lots adjacent to unoccupied lots with the exception of the model home and only after obtaining a special permit according to the procedures of § 153.231(G). The parking lot shall not extend beyond the rear elevation, nor project forward of the front elevation, of the model home. A sidewalk shall be provided from the parking lot to the model home. The parking lot and sidewalk must be removed within 90 days after a building permit is obtained for the adjacent vacant lot or the model home operation is discontinued. 7. An application for a CZPA shall include information regarding hours of operation, number and type of employees with the maximum number of employees expected on site at any time, provision of parking for employees and customers, and a description of the proposed facility's compliance with the standards of this section. (3) Number of model homes. If the Administrative Official determines that the number of model homes in any residential district is excessive or is affecting the residential character of the neighborhood or the development, the applicant shall be required to obtain a special permit in accordance with the requirements of § 153.231(G) prior to operating the model home or sales office. (4) Notices. The city shall notify any registered homeowners associations and all property owners within 300 feet of the site of a proposed model home, sales office, or sales trailer in a residential district within ten days from the receipt of a complete application for a CZPA. 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. At least 14 days shall be provided for public comment prior to a determination by the Administrative Official. kE) Community residences for people with disabilities. (1) A family community residence shall be allowed as of right in zoning districts R, R -1, R -2, R -3, R -4, R -10, R -12, BS G -R, BSDC—OR, BSDG -O, BS -HC, BS G -HR, and all Planned Unit Developments, provided (1) it is located at least eight lots on its side of the street from an existing community residence and is at least 660 linear feet from the closest existing community residence as measured from the nearest property line of the proposed community residence to the nearest property line of the existing community residence, and (2) the operator or applicant is licensed or certified by the State of Ohio to operate the proposed community residence, has certification 7 Page 8 of 26 Ordinance 14 -17 — as submitted to City Council for First Reading on February 13, 2017 New Text I Deleted em from an appropriate national accrediting agency, or has been recognized or sanctioned by Congress to operate the proposed community residence. (2) A conditional use permit is required to establish any community residence within eight lots on its side of the street from an existing community residence or within 660 linear feet of the closest existing community residence as measured from the nearest property line of the proposed community residence to the nearest property line of the existing community residence, or the State of Ohio does not require the operator to be licensed or certified to operate the community residence or Congress does not recognize or sanction the community residence. The conditional use permit is subject to the standards for a conditional use permit set forth in § 153.236(C) and the following standards: (a) The proposed community residence will not interfere with the normalization and community integration of the residents of any existing community residence for people with disabilities; (b) The applicant demonstrates that it will operate the home in a manner similar to that ordinarily required by state licensing to protect the health, safety, and welfare of the occupants of the community residence; and (c) The proposed community residence in combination with any existing community residences will not alter the character of the surrounding neighborhood by creating an institutional atmosphere or by creating a de facto social service district by excessively concentrating community residences on a block. (3) A transitional community residence shall be allowed as of right in zoning districts R -12, BS � -R, BS -OR, BS -O, and BS a -HTN, and in any Planned Unit Development in which buildings with three or more dwelling units are allowed, provided (1) it is located at least eight lots on its side of the street from an existing community residence and is at least 660 linear feet from the closest existing community residence as measured from the nearest property line of the proposed community residence to the nearest property line of the existing community residence, and (2) the operator or applicant is licensed or certified by the State of Ohio to operate the proposed community residence, has certification from an appropriate national accrediting agency, or has been recognized or sanctioned by Congress to operate the proposed community residence. (4) In the R -12, BSD6 -R, BSDEOR, BSDEO, and BSD6 -HTN zoning districts, a conditional use permit is required to establish a transitional community residence within eight lots on its side of the street from an existing community residence or within 660 linear feet of the closest existing community residence as measured from the nearest property line of the proposed community residence to the nearest property line of the existing community residence, or the State of Ohio does not require the operator to be licensed or certified to operate the community residence or Congress does not recognize or sanction the community residence. The conditional use permit is subject to the standards for a conditional use permit set forth in § 153.236(C) and the following standards: E] Page 9 of 26 Ordinance 14 -17 — as submitted to City Council for First Reading on February 13, 2017 New Text I Deleted em (a) The proposed community residence will not interfere with the normalization and community integration of the residents of any existing community residence for people with disabilities; (b) The applicant demonstrates that it will operate the home in a manner similar to that ordinarily required by state licensing to protect the health, safety, and welfare of the occupants of the community residence; and (c) The proposed community residence in combination with any existing community residences will not alter the character of the surrounding neighborhood by creating an institutional atmosphere or by creating a de facto social service district by concentrating community residences on a block. (5) A transitional community residence shall be allowed by conditional use permit in residential districts R, R -1, R -2, R -3, R -4, R -10, and all Planned Unit Developments, subject to the standards for a conditional use permit set forth in § 153.236(C) and the following standards when there is an existing community residence within eight lots on its side of the street from the proposed community residence or within 660 linear feet of the closest existing community residence as measured from the nearest property line of the proposed community residence to the nearest property line of the existing community residence, or the State of Ohio does not require the operator to be licensed or certified to operate the community residence or Congress does not recognize or sanction the community residence: (a) The proposed community residence will not interfere with the normalization and community integration of the residents of any existing community residence for people with disabilities; (b) The applicant demonstrates that it will operate the home in a manner similar to that ordinarily required by state licensing to protect the health, safety, and welfare of the occupants of the community residence; and (c) The proposed community residence in combination with any existing community residences, will not alter the character of the surrounding neighborhood by creating an institutional atmosphere or by creating a de facto social service district by concentrating community residences on a block. All -. this ---- :- ....hieh Fen.—in - ..--.. ----- _.- -... -- l--- -..-.. --.. days ..- -- sueh pFepeFty within 39 days. E] Page 10 of 26 Ordinance 14 -17 — as submitted to City Council for First Reading on February 13, 2017 New Text I Deleted em 10 - - - -- - -- - 311 1 11 - -- -- - -- - - -- - - -- -- - - - - - - - - -- - -- - - -- -- -- - - -- - - - - - -- - -- - -- -- - - - - - -- - - - - - - -- - - -- -- - -- - - -- -- - - -- - - -- cm - - -- -- - - - -- - - - - - - -- - -- -- - - -- - -- - 7. 10 Page 11 of 26 Ordinance 14 -17 - as submitted to City Council for First Reading on February 13, 2017 New Text I Deleted em 11 1 1111 5 'All 0 10 NO -- -- -- -- - -- - -- - - - - - -- -- -- -- -- - -- -- - - -- - -- - - - -- -- - -- - 11 0 10 NO -- -- -- -- - -- - -- - - - - - -- -- -- -- -- - -- -- - - -- - -- - - - -- -- - -- - ilom- AN - -- - -- -- - - -- - -- - - - -- - -- -- -- - -- - -- - - - -- ----- -- -- - '- -- -- -- - -- - -- - -- -- 11 0 10 NO 11 Page 12 of 26 Ordinance 14 -17 — as submitted to City Council for First Reading on February 13, 2017 New Text I Deleted em 12 Moll XA- .. . . . . . . .. .. . . MIN 111111111M -MIM- 12 Page 13 of 26 Ordinance 14 -17 — as submitted to City Council for First Reading on February 13, 2017 New Text I Deleted em 13 `_) __......_. _._. ve... . _. __. __...... _. _. _. . _..._.__ _. _ r. _...bite_ ..._..... . _side.._._. _.__..___, _..__r_ as fell_.._: __...... _. _._. ._..._.__ _._ r_.....____ ..._..... all _.. _fuss_ be g_._g_ r._..___ _.._ ......___ __ __.l _____, _._. _. _._.._._, eteF _uses `..._. _ _.._......._ r____.l ..fuss. .._...__, .l ___.__ TFaileFs ._side.._._. r' -r-r-i feF tFail this type mil this il iggeteFized). fo dei :a:�._ �ClT used ef vehmele - - - - -- -- WA-m- - 13 `_) __......_. _._. ve... . _. __. __...... _. _. _. . _..._.__ _. _ r. _...bite_ ..._..... . _side.._._. _.__..___, _..__r_ as fell_.._: __...... _. _._. ._..._.__ _._ r_.....____ ..._..... all _.. _fuss_ be g_._g_ r._..___ _.._ ......___ __ __.l _____, _._. _. _._.._._, eteF _uses `..._. _ _.._......._ r____.l ..fuss. .._...__, .l ___.__ TFaileFs ._side.._._. r' -r-r-i feF tFail this type mil this il iggeteFized). fo dei :a:�._ �ClT used ef vehmele aFe else withmig 13 `_) __......_. _._. ve... . _. __. __...... _. _. _. . _..._.__ _. _ r. _...bite_ ..._..... . _side.._._. _.__..___, _..__r_ as fell_.._: __...... _. _._. ._..._.__ _._ r_.....____ ..._..... all _.. _fuss_ be g_._g_ r._..___ _.._ (-) ..__.___._.._. ._..._.__. .. .__.___._.._. ._..._._ .l ___.__ _.. _ ._side.._._. r' -r-r-i �- the FeF this all _...__..__ ..._..... ..fuss. ___.._ __ ..._.._.. peFied. r_.r____ _. ____._.., _r_.__._ ...__.._ A" be (3) iggemil peFseigal auteil she" (E) Eqtiv?wtiens. 13 Page 14 of 26 Ordinance 14 -17 — as submitted to City Council for First Reading on February 13, 2017 New Text I Deleted em _. r_.__..:.. _.._..g_ _. the ._..:_._._ _ g_.___ _. _.._.__.__.._(_) _. that let. The .__.___:_.._. ._..:_._ Will be pFehibited within the publie Fight ef way, any FeEluiFed side eF FeBF YeFds and ige build,ldisteiFb zeiges. lig ige ease she" the vehiele be used feF evemight sleeping eF living. (2) Divisien (13) ef this seetien she" iget apply te eeiggiggeFeial vehieles used feF __..._,...g the ..______., tee's and ...___.._._ __ r._....___ ...._._ .___., __inn ___h ___._ seetien she" iget apply deiFing the tinge whieh eeiggiggeFeial vehieles aFe being leaded eF w9leaded see 5 153.999 , § 94.05 LITTERING. (A) Definitions. For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number. The word "shall' is always mandatory and not merely directory: (1) AIRCRAFT, Any contrivance now known or hereafter invented, used or designed for navigation or for flight in the air, and includes but is not limited to helicopters and lighter -than- air dirigibles and balloons. (2) AUTHORIZED PRIVATE RECEPTACLE, A litter storage and collection receptacle as required and authorized in this article. (3) CITY, The City of Dublin. (4) COMMERCIAL HANDBILL, Any newspaper or similar publication containing substantial amounts of matter advertising articles or things for sale or any businesses or services for profit which newspaper or similar publication is in normal course distributed without charge and without subscription therefore by the recipients, and includes, but is not limited to, any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, booklet, paper or any other printed or otherwise reproduced original and copies of any matter or literature which: (a) Advertises for sale any merchandise, product, commodity or things; or (b) Directs attention to any business or mercantile or commercial establishment or activity for the purpose of either directly or indirectly promoting the interest thereof by sales; or (c) Directs attention to or advertises any meeting, theatrical performance, exhibition or 14 Page 15 of 26 Ordinance 14 -17 — as submitted to City Council for First Reading on February 13, 2017 New Text I Deleted em event of any kind, for which an admission fee is charged for the purpose of profit; or (d) While containing reading matter other than advertising matter, is predominantly and essentially an advertisement and is distributed or circulated for advertising purposes or for private benefit and gain for any person so engaged as advertiser or distributer. (5) LITTER, Garbage, refuse, and rubbish and all other waste material which, if thrown or deposited in a manner prohibited by this article, tends to create a danger to public health, safety and welfare or significantly reduces the aesthetic appearance of public or private property or the public right of way. (6) LITTER RECEPTACLE, A dumpster, trash can, trash bin, garbage can or similar container in which litter is deposited for removal. (7) NEWSPAPER, Any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office Department of the United States, in accordance with the federal statute or regulation, any newspaper filed and recorded with any recording officer as provided by general law and includes but is not limited to any newspaper, periodical or current magazine regularly published and sold to the public by subscription. (8) NONCOMMERCIAL HANDBILL, Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper booklet or any other printed or otherwise reproduced original or copies of any matter of literature not included in the definitions of a commercial handbill. (9) PARK, A park, reservation, playground, recreation center or any other public area in the city owned or used by the city and devoted to recreation. (10) PERSON, Any person, firm, partnership, association, corporation, company or organization of any kind. (11) PRIVATE PREMISES, Any dwelling, house, building, multi - family structure or other structure designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and includes but is not limited to any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house building or other structure. (12) PUBLIC PLACE, Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings. (13) REFUSE, All putrescible and nonputrescible solid wastes except body wastes, including garbage, rubbish, ashes, street cleanings, dead animals, abandoned, wrecked or junked vehicles or parts thereof and solid market and industrial wastes. (14) RUBBISH, Nonputrescible solid wastes consisting of both combustible and 15 Page 16 of 26 Ordinance 14 -17 — as submitted to City Council for First Reading on February 13, 2017 New Text I Deleted em noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, metal, wood, glass, crockery, bedding and similar materials. (15) RIGHT OF WAY, The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. (16) VEHICLE, Every device in, upon or by which any person or property is or may be transported or drawn upon a highway. (B) Litter in public places. No person shall throw or deposit litter in or upon any street, sidewalk or other public place including freshwater streams, lakes, and ponds within the city except in public receptacles, or in authorized private receptacles for refuse, recycling or yard waste collection or as placed at the curb for chipper service, leaf service or other city sponsored collection service. (C) Placement of litter in receptacles. Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried, or deposited by the elements upon any street, sidewalk or other public place or upon private property. (D) Depositing litter in gutters. No person shall sweep into or deposit in any gutter, street or other public place within the city the accumulation of litter from any public or private sidewalk or driveway or any building or lot. Persons owning or occupying property or places of business shall keep the sidewalk and parkway in front of their premises free of litter. (E) Litter from a vehicle. No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the city, or upon private property. (F) Littering in parks. No person shall throw or deposit litter in any park within the city except in public receptacles and in such manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided in this article or as prescribed by other sections of the city's codified ordinances. (G) Deposit of commercial handbills on public property. No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the city, nor shall any person hand out or distribute or sell any commercial handbill in any public place, but nothing in this section shall be deemed to prohibit any person from handing out or distributing on any sidewalk, street, or other public place within the city, without charge to the receiver thereof, any commercial handbill to any person willing to accept it. (H) Handbills: placing on vehicles. No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle, but it is not unlawful in any public place for a 16 Page 17 of 26 Ordinance 14 -17 - as submitted to City Council for First Reading on February 13, 2017 New Text I ^-I� `gem person to hand out or distribute without charge to the receiver thereof, a noncommercial handbill to any occupant of a vehicle who is willing to accept it. (I) Handbills: deposited on posted property. No person shall throw, depositor distribute any commercial or noncommercial handbill upon any private premises, if requested by any one thereon not to do so, or if there is placed on the premises in a conspicuous position near the entrance thereof, a sign bearing the words, "No Trespassing," "No Peddlers or Agents," "No Advertisement," or any similar notice, indicating in any manner that the occupants of said premises do not desire to have their right of privacy disturbed, or to have any handbill left upon such premises. (1) Depositing handbill at inhabited premises: mail and newspapers. No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises which are inhabited unless the handbill is so placed or deposited as to secure or prevent the handbill from being blown or drifted about the premises or sidewalks, streets or other public places, and except that mailboxes may not be so used when so prohibited by federal postal law or regulations. The provisions of this section shall not apply to the distribution of mail by the United States nor of newspapers as defined by this article. (K) Dropping litter from aircraft. No person in an aircraft shall throw out, drop or deposit within the city any litter, handbill or any other object. _..., ____p.__ p...___ p._p_._, within the _._„ whetheF _....__ by _tell p_.__.. eF ..__, _..__p_ AF _. n ... r---rh _ manne-F _..__ ..___. Will be r. _. _..___ .. _... __inn tell.__ _. __r__.___ by _.._ that pf-&peFty shall at all tomes maintain the ffemises fFee ef litteF; bbit this seetien shall iget PFehibi within the _._, ....__.._. _....__ by _tell r_.__.. _. ..__. . _tell_ lets shall .. be k_r_ .. __ _. ..___. at all tinge_ by the ._ _ible feF the ._ ._e" designated ._. _.._.. use shall .. _.._r___ _. ._._.__ in __._.. _. way _.._._ tell_. .___r__._._ shall .. ..__ _ . _..._.. and the . _. ___ __ __p__.___ shall iget _.. __late .. __., ... the _..... _....._.._. , 17 Page 18 of 26 Ordinance 14 -17 — as submitted to City Council for First Reading on February 13, 2017 New Text I Deleted we -wow -- --- wom-Im. _..._._.. (_) _. this ____._.. ..._/ be sell__ I__.__.._../ eF at the usual p.___ _. ._side..__ _. _sell / `•'mil • fV)(L) Penalty. Whoever violates 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. weFidigg days te abate she" eeigstitute a sepaFate effeigse and she" be ptimishable as IM _...p._/___/ _. the te Abate fFeigg the _...._./ less__ _. ____p_.._ _. _../ building, ... Gity HeigageF his g.__..__ _. lets ...._ have five .___.._.. eels_ days fFeigg the. the / will weFIdigg ___.p_ _. s'eetmeig.. ..__.__ __ ..bate __ _bate ..___. as ____..___ ... _..._._.._ (A) _...__g.. `._/ _. _. .._ buildings, ....e..nds lea_ �.__..__/ .�__/ ___a:_.._.._ _idew_IL_ __.._.�____ else.. _.. _a..__a_ e/ __. sees/ _._J ells _Ile.._ ells /_. _..._._.. (_) _. this ____._.. ..._/ be sell__ I__.__.._../ eF at the usual p.___ _. ._side..__ _. _sell / `•'mil • fV)(L) Penalty. Whoever violates 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. weFidigg days te abate she" eeigstitute a sepaFate effeigse and she" be ptimishable as IM _...p._/___/ _. the te Abate fFeigg the _...._./ less__ _. ____p_.._ _. _../ building, ... Gity HeigageF his g.__..__ _. lets ...._ have five .___.._.. eels_ days fFeigg the. the eF autheFized FepFesentative will weFIdigg ___.p_ _. s'eetmeig.. ..__.__ __ ..bate __ _bate ..___. as ____..___ ... _..._._.._ (A) _...__g.. `._/ _. _. .._ _..._._.. (_) _. this ____._.. ..._/ be sell__ I__.__.._../ eF at the usual p.___ _. ._side..__ _. _sell / `•'mil • fV)(L) Penalty. Whoever violates 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. weFidigg days te abate she" eeigstitute a sepaFate effeigse and she" be ptimishable as IM Page 19 of 26 Ordinance 14 -17 – as submitted to City Council for First Reading on February 13, 2017 New Text I Deleted em 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. —(13)—fAlRequired 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 ProoertvManaoement. 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 oforemises; waste accumulation. No person, firm, or other property owners or residents shall: 19 Page 20 of 26 Ordinance 14 -17 - as submitted to City Council for First Reading on February 13, 2017 New Text I Deleted em (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: (i) 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 or trash pickup by a waste collector `eveigel -__.__ _:_..._ �: ___ (ii) 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. (i) 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. (ii) 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. NO All vacant lots shall be kept seeded or maintained in such manner as to prevent erosion of the property and excess drainage onto adioining lands and kept free of trash and debris. (2) Corrective action by municipal officials. 20 Page 21 of 26 Ordinance 14 -17 — as submitted to City Council for First Reading on February 13, 2017 New Text I Deleted em (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) Any _ueh ehames wh:_h .._.v_:.g .. 9yamJ C_.. the 39 days Wey be eelleeted .. : The Property owner may pay any such charges s eh fees as ehaF J 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. 5 731.54. The recovery of costs by the city pursuant to this section is a remedy in addition to toe any other penalties that may be levied. (c) Violations occurring on construction sites may result in the issuance of a stop - work order until the site is brought into compliance. (d) The city may also take any other iudicial actions provided by law to address violations of this section. 4m4-. (C) 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 herbaceius plants with iointed stems, slender sheathing leaves, and flowers borne in spikelet's of bracts. (b) NOXIOUS. Physically harmful or destructive to living beings. (c) NOXIOUS WEEDS. Means any type or species that have been included on the official list of noxious plants for the state. 21 Page 22 of 26 Ordinance 14 -17 — as submitted to City Council for First Reading on February 13, 2017 New Text I Deleted em (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, -- `e smea ' __ .__t..__ ___J_ th_____ 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 freguencv 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 subiect property; or by publishing such a notice once in a newspaper of general circulation in the city. (4) Failure of Owner to Comp /v. The Code Enforcement Officer may determine that noxious weeds and grass are growing on land for which a notice has been issued pursuant to (C)(1), 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 22 Page 23 of 26 Ordinance 14 -17 — as submitted to City Council for First Reading on February 13, 2017 New Text I Deleted em been mailed to the owner, the Director of Finance shall certify the charges for services as provided in (C)(3) 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. 5 731.54. The recovery of costs by the city pursuant to this section is a remedy in addition to the penalty provided in (C)(7). (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 -- -"-- weal as -'_t__._:__d by G_..__: are exempt from the provisions of this chapter. Designated natural areas abutting residential property or City right -of -way must maintain a one hundred (100) foot buffer at a maximum six inches in height around the perimeter of the entire site. (8) Penalty. Whoever violates any provision of (C)(1) through (C)(6) or (D) 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. (D) Storaoe of Residential Waste and Recvclina 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 adioining 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 subiect 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 5153.170(A) 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 view of any adioining 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 adiacent 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 adiacent property. Residential waste and recycling container screening located within the Architectural Review District is subiect to review and approval through the Certificate of Zoning Plan Approval (CZPA) process. (E) Parkin in Residential Districts. (1) Definitions. For purposes of this section, the following definitions shall apply. 23 Page 24 of 26 Ordinance 14 -17 — as submitted to City Council for First Reading on February 13, 2017 New Text I Deleted em (a) COMMERCIAL VEHICLE, Any vehicle used or desianed 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 eguipment, construction eguipment, 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 non - commercial 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 non - motorized eguipment 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 eguipment 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 adiacent 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 -wa (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 guestion. (c) Maintenance %ndition. All inadeguately 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. 24 Page 25 of 26 Ordinance 14 -17 — as submitted to City Council for First Reading on February 13, 2017 New Text I Deleted em (5) Exemptions. (a) Habitationlauest 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 (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 (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. (F) 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 property. (4) Business establishments: receptacles. Every person owning, or managing, or having charge, control or occupance 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 occupance 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 iniure the person depositing or collecting the contents thereof. 25 Page 26 of 26 Ordinance 14 -17 — as submitted to City Council for First Reading on February 13, 2017 New Text I Deleted em (6) Unsiaht /v premises. Every person owning, or managing, or having charge, control or occupance of any real property in the city shall not allow any part of such property visible from the street of adioining 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 iurisdiction. 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 ci . —+%(G) Penalty. fa3(1) Any person violating any provisions of this section wW shall be ...:_d_.______ and _..b:__t t_ ____ h, 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. f-W2) 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. 0127206.0608086 4834 - 6092- 1906v1 26 RECORD OF ACTION I City of blin Planning & Zoning Commission OHIO, USA Thursday, January 5, 2017 1 6:30 pm The Planning and Zoning Commission took the following action at this meeting: 1. Public Nuisance Regulations — Code Amendment Administrative Request - Code 16- 036ADM Proposal: An amendment to the Zoning Code to remove and combine various sections of code enforcement into a comprehensive Public Nuisance Regulations Section. Request: Request for review and recommendation of approval to City Council for proposed amendments to the Zoning Code under the provisions of Zoning Code Sections 153.232 and 153.234. Applicant: City of Dublin, Dana McDaniel, City Manager. Planning Contact: Logan Stang, Planner I. Contact Information: (614) 410 -4652, Istang @dublin.oh.us MOTION: Mr. Brown moved, Ms. Mitchell seconded, to forward a recommendation of approval to City Council for this Administrative Request Code Amendment because the modifications are appropriate and provides a cohesive listing for Code Enforcement and the public to utilize. VOTE: 6-0. RESULT: This Administrative Request Code Amendment will be forwarded to City Council with a recommendation of approval. RECORDED VOTES: Victoria Newell Yes Amy Salay Absent Chris Brown Yes Cathy De Rosa Yes Robert Miller Yes Deborah Mitchell Yes Stephen Stidhem Yes STAFF CERTIFICATION Logan Stang Planner I PLANNING 5800 Shier Rings Road Dublin, Ohio 43016 phone 614.410.4600 fax 614.410.474 dublinohiousa.gov Dublin Planning and Zoning Commission January 5, 2017 — Meeting Minutes Page 2 of 9 Public Nuisance Regulations — Code Amendment 16- O36ADM Administrative Request The Chair, Victoria Newell, said the following application is an amendment to the Zoning Code to remove and combine various sections of Code Enforcement into a comprehensive Public Nuisance Regulations Section. She said this is a request for a review and recommendation of approval to City Council for proposed amendments to the Zoning Code under the provisions of Zoning Code Sections 153.232 and 153.234. Logan Stang said this case was brought forward in August of last year. At the meeting, he said the Commission expressed interest in revising the outdated home occupation section as well as maintenance requirements for vacant properties. He reported that the comments regarding both topics have been incorporated into this code amendment as well as a new set of regulations pertaining to residential trash can screening within Historic Dublin, which was presented to the ARB for feedback. He reported they determined that the current residential trash can screening language is difficult for a lot of properties to adhere to so the Code Enforcement Team is currently reviewing properties throughout the City to see which properties are complying. He indicated that due to the site constraints of a lot of properties in Historic Dublin, allowing alternative materials from landscaping is something worth pursuing because a lot of the properties are tight or they have frontages on two public streets. He said the remainder of the code amendment is identical to the proposal from August. Victoria Newell inquired about the Home Occupancy section, Item D, whereas "the space devoted for use of the home occupation must be within the main dwelling basement or attached garage ". Mr. Stang said prior to this, there was a square footage maximum of 300 square feet. Ms. Newell suggested the verbiage be modified as the current language states "main dwelling basement' and does not allow for both. She said she was also concerned about the "attached garage" term. She suggested a conditional permit be implemented so the garages converted to home office space are done appropriately. Mr. Stang noted there are residential appearance standards and in many PUDs there are architectural standards and in all cases, building permits are required. Vince Papsidero suggested some options be reported back to Council as well as clearer expectations in the Code requirements to be added. He indicated processes may also need to be reviewed. Mr. Stang said the proposed modifications to the Zoning Code for the Public Nuisance Regulations are appropriate and provides a cohesive listing for Code Enforcement and the public to utilize. He stated Planning recommends that the Planning and Zoning Commission recommend approval of this amendment to City Council. Motion and Vote Mr. Brown motioned, Ms. Mitchell seconded, to recommend approval to City Council for the Administrative Request for a Code Amendment. The vote was as follows: Ms. De Rosa, yes; Ms. Newell, yes; Mr. Stidhem, yes; Mr. Miller, yes; Ms. Mitchell, yes; and Mr. Brown, yes. (Approval Recommended 6 —0) CrTy of Dublin OHIO. UST »_1010110"" 41•]:4 1 Planning & Zoning Commission Thursday, January 5, 2017 Public Nuisance Regulations — CODE AMENDMENT Agenda Item 1 Case Number 16- 036ADMC Proposal Amendment to the Zoning Code to amend the International Property Maintenance Code and relocating the Nuisance and Health /Safety related sections of the Zoning Code to Section 153.076, Public Nuisance Regulations. Request Review and recommendation of approval to City Council of a Zoning Code amendment under the provisions of Zoning Code Sections 153.232 and 153.234. Applicant Dana L. McDaniel, City Manager, City of Dublin. Case Manager Logan Stang, Planner I 1 (614) 410 -4652 or Istanciadublin.oh.us Recommendation Recommendation of approval to City Council.. The proposed modifications to the Zoning Code for the Public Nuisance Regulations are appropriate and provides a cohesive listing for Code Enforcement and the public to utilize. Planning recommends that the Planning and Zoning Commission recommend approval of this amendment to City Council. Case Summary City of Dublin I Planning and Zoning Commission Case 16- 036ADMC I Public Nuisance Regulations Thursday, January 5, 2017 1 Page 2 of 4 mlM Zoning Code A dment This is a request by City Staff for review and recommendation of approval to City Council to amend and relocate various sections of the Dublin Code of Ordinances pertaining to property management and maintenance under a single Public Nuisance Regulations Chapter 153 Zoning Regulations. section, Section 153.076 within Case Update — The Planning and Zoning Commission tabled this case at the August 11, 1 2016 meeting. The Commission expressed interest in revising the home occupation section of the Zoning Code to pertain to a wider range of uses and outlining more specific requirements for maintaining vacant properties throughout the City. Staff has also included a revision to the residential waste and recycling screening to create a sub - section of standards that pertains to the Historic District which the Architectural Review Board (ARB) has reviewed and provided comments. 150.231 Additions, Insertions and Changes 153.073 Comprehensive Residential and Neighborhood The intent of this Code amendment is to organize sections of the Code that pertain to residential maintenance and management for both property owners and neighborhoods. The existing Code contains regulations regarding property maintenance in a number of different chapters making it difficult to locate and identify applicable standards. Many of these regulations fall under the category of public nuisances to which a Code section already exists. Staff has initiated the organization of public nuisance related subjects to the existing Code Section 153.076 in an effort to create a comprehensive set of property maintenance regulations. There are minimal text revisions associated with this Code amendment as the primary purpose is the relocation of sections. Zoning Code Amendmen Code Section 153.232(B)(9) provides the Planning and Zoning Commission with 'other powers and duties' which includes making recommendations to City Council for amendments to the Zoning Code. The Commission should review the modifications, provide input, and vote on the changes. The proposed amendment will be forwarded to City Council for its consideration. The following sections summarize the major components and considerations of each section of the zoning regulations proposed for the amendment. Replace "Chief Building Official" with "City Manager' as the Code Official. Remove "Serious Hazard" definition and any associated Code Sections that reference this terminology. Relocation of sub - sections (A) Purpose, (C) Condition of premises; waste accumulation, (F) Corrective action by municipal officials, & (G) Appeals to Section 153.076(B). Revising "BSC" zoning classifications to "BSD" designations. Revise sub - section (B) Home Occupation to remove the maximum 95 Weeds City of Dublin I Planning and Zoning Commission Case 16- 036ADMC I Public Nuisance Regulations Thursday, January 5, 2017 1 Page 3 of 4 square footage requirement and outdated information. • Revise sub - section (7) Exemptions to require designated natural areas of one acre or larger be maintained along the entire perimeter. • Relocate Sections 95.20 Definitions, 95.21 Removal of noxious weeds and grass; duty of Code owner to cut weeds and Bras: 95.24 Costs, 95.25 Payment c Exemptions, and 95.99 Penalty Enforcement Officer, 95.22 Notice to 95.23 Failure of owner to comply, f Costs; unpaid costs a lien, 95.26 _ to 95.09 Storage of • Relocate to Section 153.076(D). residential waste • Creation of sub - section (2) outlining screening regulations that and recycling pertain to residential properties in the Historic District. containers 153.207 Parking in • Relocate to Section 153.076(E). Residential Districts 94.05 Littering • Relocate sub - sections (L) through (U) to §153.076(F). • Addition of sub - section (L) Penalty to create a sequential violation list for repeat offenders. 153.076 Public Nuisance Regulations analysis Review Considerations • Revise sub - section (A) Prevention of nuisance to apply to the entire section for public nuisance regulations. • Creation of sub - section (B) Residential PropertyManagement • Revise all penalty sub - sections to refer to a single penalty section applicable to all public nuisance regulations. • Creation of sub - section (G) Penalty for the public nuisance regulations section. • Remove the appeals process from sub - section (B) as it is no longer The Zoning Code does not provide for specific review standards for Zoning Code text amendments. However, there are certain considerations that are appropriate when considering an application for these amendments. These are provided below, along with relevant analysis. The Commission is not limited to these considerations, and may choose to give each its own weight as part of the deliberations for a recommendation to City Council. Intent and Purp Whether the amendment is consistent with the intent and purpose of this Chapter and the Community Plan. Guide line Met The purpose of this Zoning Code Section was to create a list of regulations regarding property maintenance that could be enforced by the City. The addition of these sections will further enhance this purpose and rectify the issue of having segmented these regulations to various chapters of the Analysis Creation of Nonconformitie Recommendatio City of Dublin I Planning and Zoning Commission Case 16- 036ADMC I Public Nuisance Regulations Thursday, January 5, 2017 1 Page 4 of 4 de An� Dublin Codified Ordinances. Whether the change is the result of an error or omission in the original text Guide line Met It is difficult to know the reasoning behind separating these regulations among various chapters. These sections are focused on clear, specific topics making their inclusion in the Dublin Codified Ordinances necessary for proper management. While some sections are general in nature they all have a relationship with the Zoning Code making Chapter 153 the most appropriate location for reference and enforcement. The potential effects on areas that are most likely to be directly affected by the change. Guideline Met The proposed amendments will serve to benefit the entire City through the combination of all property maintenance regulations. The minimal text changes proposed rectify outdated and insufficient information that will ensure compliance with the Zoning Code. Whether the change might result in the creation of significant nonconformities on properties in the city. NotApplicable Approval7l Approval The proposed modifications to the Zoning Code for the Public Nuisance Regulations are appropriate and provides a cohesive listing for Code Enforcement and the public to utilize. Planning recommends that the Planning and Zoning Commission recommend approval of this amendment to City Council. City of Dublin Planning 5800 Shier Rings Road Dublin, Ohio 43016 -1236 phone 614.410.4600 fax 614.410.4747 www.dublinohiousa.gov ARCHITECTURAL REVIEW BOARD RECORD OF DISCUSSION SEPTEMBER 21, 2016 The Architectural Review Board took the following action at this meeting: 4. Public Nuisance Regulations — Code Amendment 16- 036ADM Administrative Request Proposal: An amendment to the Zoning Code to amend the International Property Maintenance Code and relocating the Nuisance and Health /Safety Related Sections of the Code to §153.076, Public Nuisance Regulations. Request: Review and recommendation of approval to City Council for proposed amendments to the Codified Ordinances under the provisions of Zoning Code §153.232 and §153.234. Applicant: City of Dublin, Dana L. McDaniel, City Manager. Planning Contact: Logan Stang, Planner I; (614) 410 -4652, Istang @dublin.oh.us RESULT: The Board reviewed the proposed changes to the Zoning Code regarding the screening of trash receptacles within the Historic District. The Board was supportive of the use of fencing as an optional screening material given the limitations of the lot size and setbacks within the District. They requested the Code clearly apply to properties within the Historic District and not those listed on Appendix G. They would support this alternative screening to the rear and side yard only, and not within the front yard. They wanted to ensure the intent was clear this permission to build the enclosure would be for trash receptacles only and not allow for larger fenced in areas, outside of what the Code permits. They also wanted to ensure the Code is clear the required screening is for trash, recycling, and yard waste receptacles. MEMBERS PRESENT: David Rinaldi Yes Thomas Munhall Yes Everett Musser Yes Jane Fox Absent Shannon Stenberg Yes STAFF CERTIFICATION Jennifer M. Rauch, AICP, Planning Manager Dublin Architectural Review Board September 21, 2016 — Meeting Minutes Page 9 of 10 4. Public Nuisance Regulations — Code Amendment 16- O36ADM Administrative Request The Chair, David Rinaldi, said the following application is a request for an amendment to the Zoning Code to amend the International Property Maintenance Code and relocating the Nuisance and Health /Safety Related Sections of the Code to §153.076, Public Nuisance Regulations. He said this is a request for a review and recommendation of approval to City Council for proposed amendments to the Codified Ordinances under the provisions of Zoning Code §153.232 and §153.234. Jennifer Rauch said if the Board was comfortable, a recommendation could be made this evening but a discussion would be acceptable. She said this is part of a larger Code Amendment to consolidate all the Public Nuisance sections of the Zoning Code interspersed throughout the Code. She said a part of that relates to trash can /recycling bin screening and how it is addressed within the Historic District. She said the overall Code Amendment was reviewed by the PZC but they have not yet made a recommendation as they requested additional research and modifications for all the other sections included. Ms. Rauch reported that in 2010, the Code was amended to add screening requirements. She indicated that in the last six years there have been compliance issues, especially within the Historic District given the small nature of the lots and side yards. She said City Council was not interested in reducing the requirements for the majority of the City but was willing to discuss minor modifications particular to the Historic District and how that is handled. Ms. Rauch reported this topic was discussed at the Historic District Stakeholder meeting a few months ago and they requested research be conducted on what other communities have done. Ms. Rauch summarized the current Code states trash cans need to either be stored in the garage or to the side and rear of the property and screened only with landscape material at 100% opacity year round. She said when the resident is not compliant, Code Enforcement sends a letter to the resident. She presented photographic examples from throughout the district of non - compliance. She demonstrated what was proposed for the Historic District versus the remainder of the City. She stated the requirements for the Historic District included the use of a fence or a wall to screen the trash cans /recycle bins in areas where there is not room for landscape material to provide 100% opacity. She said the other component is that the trash cans /recycle bins do not need to be stored at just the side or rear of the property. David Rinaldi asked if this would just apply to the Historic District or if it would also apply to the properties on Appendix G. Ms. Rauch said the assumption is for the Historic District. She explained that most of the properties on Appendix G are fairly large properties and could meet the requirement as it stands. Mr. Rinaldi said that should be made clear in the Code. Ms. Rauch agreed and clarified this only relates to residential properties. Tom Munhall said he believes the trash cans /recycle bins should be stored in the garage, but said he agrees with the proposed amendment. Mr. Rinaldi said the amendment should specify that a fence could only be permitted at the side or rear yards, not in the front even if it matched the architecture of the home. Shannon Stenberg questioned if the resident would need to obtain approval from the Board to even build the fence for this purpose. Mr. Rinaldi said it should require the Board's approval since the resident would be adding to their residential structure. Dublin Architectural Review Board September 21, 2016 — Meeting Minutes Page 10 of 10 Tom Holton, 5957 Roundstone Place, said there are a couple of structures that do not have a backyard because they reside right on the riverbank and some do not even have a single -car garage. There will be a couple of special circumstances he said. Ms. Stenberg asked if yard waste would be included. Mr. Rinaldi suggested the wording include the restriction of a fence for screening of trash /recycling to ensure a homeowner does not build a 20 -foot- long fence and state it is meant to screen their trash. Communications Jennifer Rauch said a workshop will be held with the consultant on October 4"' to review the Code for the Historic District from 5:30 pm — 7:30 pm at the Dublin Community Church. She encouraged the Board to attend. She said four different stations will be set up for public input on: 1) mass and scale of buildings; 2) transitions /uses; 3) parking; and 4) appropriate materials. She indicated that as the project at Bridge Park West progresses along with the pedestrian bridge and landing, more information will be brought to the ARB for review. The Chair adjourned the meeting at 8:06 pm. As approved by the Architectural Review Board on October 26, 2016 city of Dublin Planning 5800 Shier Rings Road Dublin, Ohio 43016 -1236 phone 614.410.4600 fax 614.410.4747 www.dublinohlousa.gov PLANNING AND ZONING COMMISSION RECORD OF ACTION AUGUST 11, 2016 3. Public Nuisance Regulations — Code Amendment 16- 036ADM Administrative Request Code Proposal: An amendment to the Zoning Code to amend the International Property Maintenance Code and relocating the Nuisance and Health /Safety Related Sections of the Code to Section 153.076, Public Nuisance Regulations. Request: Request for review and recommendation of approval to City Council for proposed amendments to the Codified Ordinances under the provisions of Zoning Code Section 153.232 and 153.234. Applicant: City of Dublin, Dana L. McDaniel, City Manager. Planning Contact: Logan Stang, Planner. Contact Information: (614) 410 -4652, Istang @dublin.oh.us MOTION: Deborah Mitchell moved, Stephen Stidhem seconded, to table this Administrative Request for a Code Amendment. VOTE: 5-0. RESULT: This Administrative Request for a Code Amendment was tabled. RECORDED VOTES: Victoria Newell Absent Amy Salay Yes Chris Brown Yes Cathy De Rosa Absent Robert Miller Yes Deborah Mitchell Yes Stephen Stidhem Yes STAFF CERTIFICATION Logan Stan Planner I Dublin Planning and Zoning Commission August 11, 2016 — Meeting Minutes Page 18 of 20 Motion and Vote Mr. Stidhem moved, Mr. Brown seconded, to recommend approval to City Council for a Final Plat with three conditions: 1) That a note be added to both plats indicating the intent to vacate existing easements through separate amendments, prior to submitting for City Council; 2) That the applicant ensures any minor technical adjustments to the plat are made prior to City Council submittal, and 3) That the appropriate method for documenting the private drive for the Lakeside at Avondale Woods be determined prior to City Council submittal and subject to approval by the City Engineer. Ms. Menerey agreed to the above three conditions. The vote was as follows: Ms. Salay, yes; Mr. Brown, yes; Mr. Miller, yes; Ms. Mitchell, yes; and Mr. Stidhem, yes. (Recommended for Approval 5 — 0) 3. Public Nuisance Regulations — Code Amendment 16- 036ADM Administrative Request The Vice Chair, Chris Brown, said the following application is a request for an amendment to the Zoning Code to amend the International Property Maintenance Code and relocate the Nuisance and Health /Safety Related Sections of the Code to §153.076, Public Nuisance Regulations. He said this is a request for a review and recommendation of approval to City Council for proposed amendments to the Codified Ordinances under the provisions of Zoning Code §153.232 and §153.234. Steve Stidhem said he just had one question so a complete presentation may not be necessary. He referenced in the Planning Report... the elimination of the appeal process from Subsection E as it is no longerapplicable. He asked why the appeals process was being eliminated. Logan Stang indicated an appeals process was set up for that Code section in reference to weeds and basically stated if a property owner did not want to comply or would not comply with the weed regulations they could appeal to City Council. He said it seemed like an odd appeals process that Council would then be in charge of reviewing someone not taking care of weeds on their property so it did not seem applicable. Instead, in all the relocations, Staff added a penalty section that talks about the degrees of misdemeanors for repeat offenders. He said the outlining of the violations will also provide an appeals process that is separate from City Council review. Mr. Stidhem asked if anyone had ever filed an appeal on that. Greg Jones answered we have never had an appeals to the mowing requirements. Amy Salay said she was trying to understand what the Code states and does not state. She inquired about vans or trucks for businesses parked in front of homes or in driveways. She cited an example of someone parking their heating and air - conditioning business van in front of their house. She asked if that was permitted. Mr. Jones said the vehicle is not to be stored on private property so if it was in the driveway, it would be a violation Code Enforcement would deal with. He said with the vehicle parked on the street, it is the police department's responsibility. Dublin Planning and Zoning Commission August 11, 2016 — Meeting Minutes Page 19 of 20 Ms. Salay clarified that the truck moves every day because the homeowner drives it to work every day Mr. Jones said "storing it" means keeping it on the property and if he is parking it in his driveway and driving it to work every day, it is probably there in between times so Code Enforcement would address that. He said anything else would fall under the 72 -hour continuous parking regulation. Ms. Salay inquired about the Home Occupations list as it is quite antiquated and suggested the language be updated. She said we have so many people that work from home now that go beyond this list. She asked if this was pulled from some uniform code. Steve Stidhem agreed with the out -of -date terms. Phil Hartmann said Staff can work to revise this code section. Ms. Salay requested that smoke on property be prohibited or at least regulated. She referenced the Code and asked that it be updated. Mr. Hartmann indicated it was a fairly old provision and can look into updating it. Ms. Salay inquired about the maintenance of vacant lots. She asked if that can be enforced through our Code. Mr. Jones said what has been the policy is that any lot that is one acre or larger, we require that it be mowed around the perimeter. Ms. Salay referenced a property that is probably two acres in size. Mr. Jones said there is a 25 -50 foot buffer around the perimeter. Ms. Salay clarified it is mowed around the perimeter and that he is permitted to have a weed patch in the middle. She said she does not need to see vacant lots manicured every week but there is three feet worth of weeds and crops. She indicated it is a large enough area to get around the Code but it is a small enough area and surrounded by development. Bob Miller agreed it is not an isolated area. Mr. Stidhem said he thought there was verbiage in the Code that addressed weeds going to seed but suggested having an area mowed before it reached that point. Vince Papsidero suggested a requirement where under a certain acreage lot size, the entire lot to be required to be mowed. Mr. Jones said, like so much of the Code, it is antiquated. He said primarily it was put into place so the farmer would not have to mow his hayfield. He suggested a five -acre minimum and have everything mowed up to five acres. He said that would take care of any lot in the City. The Vice Chair asked if this amendment should be tabled so the Code can be amended further. Everyone agreed this would give legal an opportunity to speak with Mr. Jones and cover any other issues raised. Mr. Papsidero indicated the Code Amendments could come back in September. Mr. Stidhem said he thought 300 square feet permitted for a Home Occupation seemed really small. Deborah Mitchell said the IRS has standards for people to be able to write off a certain portion of their taxes for a business at home. Motion and Vote Ms. Mitchell moved, Mr. Stidhem seconded, to table the Code Amendment. The vote was as follows: Ms. Salay, yes; Mr. Brown, yes; Mr. Miller, yes; Mr. Stidhem, yes; and Ms. Mitchell, yes. (Approved 5 — 0) RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting BARRETT BROTHERS - DAYTON, OHIO Form 6101 Held March 7, 2016 Page 16 of 21 Mr. Foegler stated that if Dublin Village Center and /or OCL were to redevelop, as the plan calls for, those projects would easily meet the required threshold. Ms. Salay moved to authorized the actions as outlined by staff. Mr. Lecklider seconded the motion. Vote on the motion: Vice Mayor Reiner, yes; Mr. Keenan, yes; Ms. Salay, yes; Mayor Peterson, yes; Ms. Amorose Groomes, yes; Ms. Alutto, yes; Mr. Lecklider, yes. STAFF COMMENTS Mr. McDaniel stated that there are several items in Council's informational packet that he would like to address: • Storage of Residential Waste and Recycling Containers Staff has asked for Council guidance on the information provided in packet. Ms. Salay stated that she has several questions regarding this item. She notices when receptacles are not screened properly or residents leave them Outside the garage, and in Dublin, most residences have garages. Is it in the Historic District that meeting the Code requirements for storage of the containers is an issue, or is it throughout the City? From a community appearance standpoint, this legislation is important. She would like to know more about the issue, perhaps photographs or more detail about where and what the problems are and what the solution might be. Mr. Papsidero stated that the issue is primarily located in Historic Dublin but also in other parts of the City. It could be due to people not having space in their garages to store the trash receptacles. Both complaints to City staff and routine inspections indicated problems on a regular basis. Last year, Code Enforcement documented 70 violations. Of those, 35 were resolved and 35 letters of trashcan screening violation were sent out. Not all of those were in Historic Dublin, although there are more physical constraints in some Historic Dublin areas. This has been an ongoing concern for Code Enforcement staff. There is a need for more flexibility for homeowners to meet the intent of the Code beyond just the concept of requiring landscaping around every side of the receptacle, similar to what was approved by Council for rain barrels and ground- mounted AC units. The Code allows one side a structure to be open for ease of access. Staff suggests that as the solution. More detail may be needed for the Historic Dublin area in terms of what is an adequate approach. They will look into the details, work with the ARB, and bring back photos and examples of the issues staff has encountered for Council's consideration. Ms. Salay stated that would be helpful. Her preference would be to have them stored in the garage, due to the greater issues involved with defining acceptable screening. If it should be necessary to have special accommodations for Historic Dublin, that is not necessarily a solution for the remainder of the community. Ms. Amor ®se Groomes concurred. She is not in favor of providing much leeway in this matter. If staff could also provide some examples of the existing problems and their proposed solutions, that would be helpful. Mr. Lecklider stated that it is important to distinguish between what is inconvenient and what is an impossibility — he is sympathetic to cases where there is an impossibility. As many Dublin residents, he does not have an overly - generous two -car garage, yet stores two vehicles, the large size receptacles and the other usual items. Residents have the option to choose the smaller size receptacles. It appears that the vast majority of the community is able to comply. Mr. Papsidero indicated staff would provide the information as requested. ® Residential Broadband Internet Services Mr. McDaniel stated that staff recommends that the City continue to engage residents in an open forum, as they have done. There is more research needed. Staff will engage the industry, Connect Ohio, the Department of Commerce and the residents to understand the need. He prefers to have a more open dialogue with this group of interested residents, as