Ordinance 16-21
Memo
To: Members of the Planning and Zoning Commission
From: Jennifer M. Rauch, AICP, Planning Director
Date: April 6, 2021
Initiated By: Jennifer D. Readler, Law Director
Thaddeus M. Boggs, Asst. Law Director
Tammy Noble, Senior Planner, Long Range Planning Manager
Re: Ordinance 16-21 – Amendments to Zoning Code Section 153.074
to address the conversion of garage space into habitable space
(21-010ADMC).
Summary
Ordinance 16-21 is a request for review and approval of amendments to the City of Dublin Zoning
Code Sections 153.074 addressing the conversion of garage space into habitable space for single-
family residential structures.
Background
City Council directed Planning and the Law Director’s office to draft a Code modification to address
proposals for residential structure that include the conversion of garage space into habitable space.
Code permits this conversion but does not address the lack of parking accommodations that may be
lost as a result, or the change in residential character with this modification.
Description
Planning and the Law Director’s office drafted a Code modification within Section 153.074
Accessory Uses and Structures, permitting garages to be converted to habitable space with the
stipulation that there is an existing garage, comparable in size to the garage being converted on
site or a new garage be constructed on site comparable in size. The proposed language allows
residential structures to expand their internal space, as needed, while maintaining storage and
parking needs and the aesthetic character of a traditional single-family neighborhood.
Case History
The Planning and Zoning Commission reviewed the draft Code amendment on February 18 and
March 18, 2021. The Commission discussed the purpose of the draft Code modification, including
other options for addressing the issues that arise with this conversion process including the loss of
space for vehicular parking, loss of storage space and any aesthetic considerations. The Commission
and staff worked together to develop draft language that addressed the Commission’s concerns and
met Council’s directive.
Recommendation of the Planning and Zoning Commission
The Commission reviewed and recommended approval to City Council of the proposed amendments
at the March 18, 2021.
Recommendation
Recommendation of approval of Ordinance 16-21 at the second reading on April 26, 2021.
Office of the City Manager
5555 Perimeter Drive • Dublin, OH 43017
Phone: 614-410-4400 • Fax: 614-410-4490
DRAFT CODE LANGUAGE - RESIDENTIAL GARAGE CONVERSION
§ 153.074 ACCESSORY USES AND STRUCTURES.
(A) Purpose and scope.
(1) Accessory uses and structures shall be permitted in association with a
principal use or structure. Permitted accessory structures shall be subordinate
and proportional in area to their location. For smaller residential lots, accessory
structures are intended to be proportional in area to the size of the principal
structure. For larger residential lots, accessory structures shall be proportional to
the size of the property on which they are located. For non-residential districts,
accessory uses and structures shall be proportional to the principal use or
structure.
(2) Applicability. This section shall apply to accessory uses and structures in all
zoning districts unless otherwise provided for in the development requirements
of the district in which the property is located or the respective planned
development text.
(3) Accessory uses.
(a) Residential. Storage, recreation, child care, home occupations, leisure
and gardening/landscaping uses, and others as permitted by the district in
which the property is located or as determined by the Administrative
Official.
(b) Non-residential. As permitted by the district in which the property is
located.
(4) Accessory structures. Accessory structures include, but are not limited to,
the following:
(a) Residential. Garages and carports (attached and detached), sheds,
swimming pools, hot tubs, sport courts and similar facilities, gazebos,
porches/sunrooms, patios, decks, greenhouses, or similar facilities, and
other similar structures as determined by the Administrative Official.
(b) Non-residential. Dumpster enclosures, sheds, garages/parking
structures, greenhouses, and other similar structures as determined by
the Administrative Official.
(c) Temporary. Construction trailers, portable classrooms, portable non-
residential structures, special event tents, and others in accordance with
§ 153.097.
(d) Landscape features, including but not limited to planting beds,
fountains, and other similar features, and play structures shall not be
considered accessory structures and are therefore not subject to the
regulations of this section.
DRAFT CODE LANGUAGE - RESIDENTIAL GARAGE CONVERSION
(B) Accessory uses and structures in Residential Districts and Residential Planned
Development Districts.
(1) Accessory uses shall comply with any applicable requirements of this Code or
approved development text.
(2) Detached accessory structures.
(a) Detached accessory structures.
1. This section shall apply to detached accessory structures for
residential properties, including but not limited to detached garages,
sheds, greenhouses, carports, and other similar structures as determined
by the Administrative Official. ATTACHED, for the purpose of this section,
means that the addition is integrated visually, structurally and
architecturally with the principal structure, has an attached roof with
similar design to the principal structure, permits access between the
principal structure and the addition either internally or under the roof,
and/or shares a common wall with the principal structure or is connected
to the principal structure by an enclosed space.
2. For purposes of determining attachment, an enclosed space is an area
under a roof which has solid walls at least 18 inches in height around its
entire exterior, or which is 100% screened, walled, or provided with glass
from floor to ceiling, so that the enclosed interior space is completely
separated from the outside space.
(b) The following shall not be counted toward the maximum permitted square
footage for detached accessory structures: fire pits, sport courts, swimming
pools, hot tubs, solar panels, kennels, attached three-season rooms, screened
porches, decks, or patios. Gazebos, trellises and arbors or other open and
unenclosed structures or similar structures that are 250 square feet in area or
less, as determined by the Administrative Official, shall not be counted toward
the maximum permitted square footage.
(c) The following shall not be counted toward the number of permitted
detached accessory structures: gazebos, trellises, and arbors or other similar
structures that are 250 square feet in area or smaller; other similar landscape
features, fire pits, sport courts, swimming pools, hot tubs, solar panels, kennels,
attached three season rooms, screened porches, decks, patios, or other similar
structures as determined by the Administrative Official.
(d) For the purposes of division (B)(2) of this section, only the gross square
footage of ground floor area shall be counted toward the maximum permitted
detached accessory structure square footage.
DRAFT CODE LANGUAGE - RESIDENTIAL GARAGE CONVERSION
(e) Maximum square footage and number of detached accessory structures (see
chart).
(f) Except as may otherwise be permitted, no part of any accessory building
shall be used as a dwelling for residential purposes.
(3) Accessory structures in Multiple-Family Residential Districts.
(a) Multiple-family residential units shall be permitted not more than one two-
car garage per unit provided all other applicable development requirements are
met.
(b) The exterior façade materials and architectural design of all accessory
structures shall be coordinated with those of the principal building.
(c) This section shall not prohibit accessory uses and structures typical of
multiple-family residential developments, including but not limited to clubhouses
and/or administration offices, pool houses, laundry facilities, gatehouses, mailbox
shelters, dumpster shelters or enclosures, recreational facilities, and other similar
structures as determined by the Administrative Official, provided all applicable
development requirements including but not limited to lot coverage, setbacks,
open space, and stormwater management are met.
(d) For detached garages in Multiple-Family Residential Districts, not more than
five garage doors are permitted in a single row or plane.
(4) Garages. Attached garages shall not be counted toward the maximum
permitted square footage for accessory structures. All new and additions to existing
front-loaded attached and detached garages or garages that are visible from the
street and angled less than 60 degrees to the front lot line or street tangent line
must meet the following requirements:
(a) No single garage door opening shall be wider than 18 feet. Only one such
garage door is permitted.
(b) No combination of garage door openings shall be wider than 36 feet.
(c) Not more than two garage doors may be located on the same horizontal
plane of the principal structure. Additional garage doors must be located on
separate planes with a minimum separation of 16 inches.
(d) Garage door openings totaling 18 feet in width or less shall not make up
more than 35% of the linear distance of the front elevation nor project more than
12 feet from the adjacent vertical wall plane. Open and uncovered porches shall
not be considered a vertical wall plane.
(e) Garage door openings totaling more than 18 feet up to 36 feet in width shall
not make up more than 45% of the linear distance of the front elevation nor
DRAFT CODE LANGUAGE - RESIDENTIAL GARAGE CONVERSION
project more than ten feet from the adjacent vertical wall plane. Open and
uncovered porches shall not be considered a vertical wall plane.
(5) Garages converted to habitable space. Attached garages in all residential
zoning districts may be converted into habitable living space if either: a) another
garage exists on the property that is commensurate in size to the garage being
converted, or b) another garage is constructed on the property that is
commensurate in size to the garage being converted.
(6)(5) Required location in residential zoning districts.
(a) All accessory uses and structures, including swimming pools and associated
decking, shall be constructed within the permitted buildable area of a lot, behind
all applicable setback lines, and to the rear or side of the principal structure.
(b) No build/no disturb zones shall remain free of all structures including, but
not limited to buildings, parking, driveways, sidewalks, sheds, swimming pools,
patios, decks, or other accessory structures, fences, antennae, and basketball
courts or other sport courts. All other plat requirements shall be met.
(7)(6) Relationship to principal structure.
(a) Attached and detached accessory structures that exceed 200 square feet
shall be coordinated with those of the principal structure on the lot.
(b) Attached accessory structures must conform to all regulations of this
chapter applicable to principal structures.
(C) Residential swimming pools.
(1) Permitted types.
(a) Permanent swimming pools. Only below-grade permanent swimming pools
are permitted.
(b) Temporary pools. Inflatable or other temporary pools are permitted
provided they have a maximum depth of 18 inches and are placed to the side or
rear of the primary structure.
(c) Hot tubs. Hot tubs are permitted accessory structures, and may be either
below or above grade, provided that they do not exceed 100 square feet in total
water surface area, or 4.5 feet in depth or height as measured from finished
grade. Hot tubs, which exceed these size and height requirements, shall be
considered swimming pools and must be placed below the established grade. Hot
tubs shall be secured with a lockable cover or shall be entirely enclosed by a
permitted barrier with a self-latching and lockable gate.
(2) Size. Swimming pools shall not be considered detached accessory structures
for the purposes of calculating maximum permitted area based on the size of the
DRAFT CODE LANGUAGE - RESIDENTIAL GARAGE CONVERSION
principal structure or the lot. All principal structures are permitted a swimming pool
if yard space, lot coverage, and other related development standards for the pool
and deck or patio area are met.
(3) Location and setback. There shall be a minimum separation of ten feet
between a swimming pool and the principal structure. Swimming pools shall not be
located within the front building setback, forward of any part of the house, or
within a required side yard, rear yard, or other restricted area of the lot (e.g., a no-
build zone). No swimming pool shall be located, designed, operated, or maintained
as to interfere unduly with the enjoyment of the property rights of surrounding
property owners. Nuisances shall be pursued according to all applicable city
ordinances.
(4) Swimming pool barriers.
(a) Swimming pools located within all zoning districts shall be surrounded by
open ornamental swimming pool barriers or a solid swimming pool barrier,
provided the solid barrier is no higher than four feet and otherwise complies with
the regulations herein and this section.
(b) All openings, doorways and entrances into the pool area shall be equipped
with gates of equal height and material with the fence, and shall be provided with
latches and permanent locks.
(c) In residential districts, swimming pools that are nonconforming by reason of
location and setback may be enclosed by an open ornamental or solid swimming
pool barrier, not more than four feet high. Swimming pool barriers may be in
addition to any other fencing that may exist on the property. Swimming pool
barriers may be located within a required setback area, provided that the barrier
is located at least ten feet from any other fence on the property or not farther
than ten feet from the edge of the pool.
(5) Accessory equipment. No swimming pool accessory equipment, including but
not limited to pumping equipment, filtering equipment, diving boards, or slides shall
be located in any required yard. All accessory equipment shall be screened with
evergreen landscaping to the maximum height of the unit. The maximum
permitted height of a diving board or slide shall be ten feet from the established
grade, unless otherwise approved by the Administrative Official.
(6) Permit required. A building permit is required for permanent swimming
pools. The following requirements are to be met:
(a) Submission of a scaled plot plan showing all necessary area, lot coverage,
setback, and yard requirements.
(b) Pools shall be graded to contain water on property for which a permit is
issued and so as not to harm adjacent property.
DRAFT CODE LANGUAGE - RESIDENTIAL GARAGE CONVERSION
(c) Electrical wiring and equipment shall comply with the National Electrical
Code; an electrical permit for grounding and other electrical equipment is
required.
(d) State Health Board approval is required for community pools.
(e) Fees for a residential/private pool shall be assessed as set forth from time
to time by ordinance, per permit.
(f) Fees for commercial public pools shall be calculated under § 150.177.
(g) Swimming pool barrier details are required with the submission of a building
permit for permanent residential swimming pools. Swimming pool barrier details
shall include the type, height, design, open space dimensions, access gates, and
any required door alarms in accordance with the Residential Building Code.
(D) Non-residential zoning districts.
(1) Accessory uses and/or structures within non-residential zoning districts shall
not exceed 25% of the gross floor area of the principal structure(s) unless
otherwise permitted by this chapter.
(2) Required location in non-residential zoning districts or uses. In any zoning
district except a residential district, accessory uses or structures shall be on the
same lot as the principal use or structure and located subject to the development
requirements of the zoning district in which it is located.
('80 Code, § 1183.05) (Ord. 21-70, passed 7-13-70; Am. Ord. 142-99, passed 2-22-00;
Am. Ord. 28-05, passed 6-20-05; Am. Ord. 18-07, passed 4-9-07; Am. Ord. 96-07,
passed 1-22-08; Am. Ord. 25-10, passed 8-9-10) Penalty, see § 153.999
Section 153.074 ACCESSORY USES AND STRUCTURES
§ 153.074 ACCESSORY USES AND STRUCTURES.
(A) Purpose and scope.
(1) Accessory uses and structures shall be permitted in association with a
principal use or structure. Permitted accessory structures shall be subordinate
and proportional in area to their location. For smaller residential lots, accessory
structures are intended to be proportional in area to the size of the principal
structure. For larger residential lots, accessory structures shall be proportional to
the size of the property on which they are located. For non-residential districts,
accessory uses and structures shall be proportional to the principal use or
structure.
(2) Applicability. This section shall apply to accessory uses and structures in all
zoning districts unless otherwise provided for in the development requirements
of the district in which the property is located or the respective planned
development text.
(3) Accessory uses.
(a) Residential. Storage, recreation, child care, home occupations, leisure
and gardening/landscaping uses, and others as permitted by the district in
which the property is located or as determined by the Administrative
Official.
(b) Non-residential. As permitted by the district in which the property is
located.
(4) Accessory structures. Accessory structures include, but are not limited to,
the following:
(a) Residential. Garages and carports (attached and detached), sheds,
swimming pools, hot tubs, sport courts and similar facilities, gazebos,
porches/sunrooms, patios, decks, greenhouses, or similar facilities, and
other similar structures as determined by the Administrative Official.
(b) Non-residential. Dumpster enclosures, sheds, garages/parking
structures, greenhouses, and other similar structures as determined by
the Administrative Official.
(c) Temporary. Construction trailers, portable classrooms, portable non-
residential structures, special event tents, and others in accordance with
§ 153.097.
(d) Landscape features, including but not limited to planting beds,
fountains, and other similar features, and play structures shall not be
considered accessory structures and are therefore not subject to the
regulations of this section.
Section 153.074 ACCESSORY USES AND STRUCTURES
(B) Accessory uses and structures in Residential Districts and Residential Planned
Development Districts.
(1) Accessory uses shall comply with any applicable requirements of this Code or
approved development text.
(2) Detached accessory structures.
(a) Detached accessory structures.
1. This section shall apply to detached accessory structures for
residential properties, including but not limited to detached garages,
sheds, greenhouses, carports, and other similar structures as determined
by the Administrative Official. ATTACHED, for the purpose of this section,
means that the addition is integrated visually, structurally and
architecturally with the principal structure, has an attached roof with
similar design to the principal structure, permits access between the
principal structure and the addition either internally or under the roof,
and/or shares a common wall with the principal structure or is connected
to the principal structure by an enclosed space.
2. For purposes of determining attachment, an enclosed space is an area
under a roof which has solid walls at least 18 inches in height around its
entire exterior, or which is 100% screened, walled, or provided with glass
from floor to ceiling, so that the enclosed interior space is completely
separated from the outside space.
(b) The following shall not be counted toward the maximum permitted square
footage for detached accessory structures: fire pits, sport courts, swimming
pools, hot tubs, solar panels, kennels, attached three-season rooms, screened
porches, decks, or patios. Gazebos, trellises and arbors or other open and
unenclosed structures or similar structures that are 250 square feet in area or
less, as determined by the Administrative Official, shall not be counted toward
the maximum permitted square footage.
(c) The following shall not be counted toward the number of permitted
detached accessory structures: gazebos, trellises, and arbors or other similar
structures that are 250 square feet in area or smaller; other similar landscape
features, fire pits, sport courts, swimming pools, hot tubs, solar panels, kennels,
attached three season rooms, screened porches, decks, patios, or other similar
structures as determined by the Administrative Official.
(d) For the purposes of division (B)(2) of this section, only the gross square
footage of ground floor area shall be counted toward the maximum permitted
detached accessory structure square footage.
Section 153.074 ACCESSORY USES AND STRUCTURES
(e) Maximum square footage and number of detached accessory structures (see
chart).
(f) Except as may otherwise be permitted, no part of any accessory building
shall be used as a dwelling for residential purposes.
(3) Accessory structures in Multiple-Family Residential Districts.
(a) Multiple-family residential units shall be permitted not more than one two-
car garage per unit provided all other applicable development requirements are
met.
(b) The exterior façade materials and architectural design of all accessory
structures shall be coordinated with those of the principal building.
(c) This section shall not prohibit accessory uses and structures typical of
multiple-family residential developments, including but not limited to clubhouses
and/or administration offices, pool houses, laundry facilities, gatehouses, mailbox
shelters, dumpster shelters or enclosures, recreational facilities, and other similar
structures as determined by the Administrative Official, provided all applicable
development requirements including but not limited to lot coverage, setbacks,
open space, and stormwater management are met.
(d) For detached garages in Multiple-Family Residential Districts, not more than
five garage doors are permitted in a single row or plane.
(4) Garages. Attached garages shall not be counted toward the maximum
permitted square footage for accessory structures. All new and additions to existing
front-loaded attached and detached garages or garages that are visible from the
street and angled less than 60 degrees to the front lot line or street tangent line
must meet the following requirements:
(a) No single garage door opening shall be wider than 18 feet. Only one such
garage door is permitted.
(b) No combination of garage door openings shall be wider than 36 feet.
(c) Not more than two garage doors may be located on the same horizontal
plane of the principal structure. Additional garage doors must be located on
separate planes with a minimum separation of 16 inches.
(d) Garage door openings totaling 18 feet in width or less shall not make up
more than 35% of the linear distance of the front elevation nor project more than
12 feet from the adjacent vertical wall plane. Open and uncovered porches shall
not be considered a vertical wall plane.
(e) Garage door openings totaling more than 18 feet up to 36 feet in width shall
not make up more than 45% of the linear distance of the front elevation nor
Section 153.074 ACCESSORY USES AND STRUCTURES
project more than ten feet from the adjacent vertical wall plane. Open and
uncovered porches shall not be considered a vertical wall plane.
(5) Garages converted to habitable space. Attached garages in all residential
zoning districts may be converted into habitable living space if either: a) another
garage exists on the property that is commensurate in size to the garage being
converted, or b) another garage is constructed on the property that is
commensurate in size to the garage being converted.
(6) Required location in residential zoning districts.
(a) All accessory uses and structures, including swimming pools and associated
decking, shall be constructed within the permitted buildable area of a lot, behind
all applicable setback lines, and to the rear or side of the principal structure.
(b) No build/no disturb zones shall remain free of all structures including, but
not limited to buildings, parking, driveways, sidewalks, sheds, swimming pools,
patios, decks, or other accessory structures, fences, antennae, and basketball
courts or other sport courts. All other plat requirements shall be met.
(7) Relationship to principal structure.
(a) Attached and detached accessory structures that exceed 200 square feet
shall be coordinated with those of the principal structure on the lot.
(b) Attached accessory structures must conform to all regulations of this
chapter applicable to principal structures.
(C) Residential swimming pools.
(1) Permitted types.
(a) Permanent swimming pools. Only below-grade permanent swimming pools
are permitted.
(b) Temporary pools. Inflatable or other temporary pools are permitted
provided they have a maximum depth of 18 inches and are placed to the side or
rear of the primary structure.
(c) Hot tubs. Hot tubs are permitted accessory structures, and may be either
below or above grade, provided that they do not exceed 100 square feet in total
water surface area, or 4.5 feet in depth or height as measured from finished
grade. Hot tubs, which exceed these size and height requirements, shall be
considered swimming pools and must be placed below the established grade. Hot
tubs shall be secured with a lockable cover or shall be entirely enclosed by a
permitted barrier with a self-latching and lockable gate.
(2) Size. Swimming pools shall not be considered detached accessory structures
for the purposes of calculating maximum permitted area based on the size of the
Section 153.074 ACCESSORY USES AND STRUCTURES
principal structure or the lot. All principal structures are permitted a swimming pool
if yard space, lot coverage, and other related development standards for the pool
and deck or patio area are met.
(3) Location and setback. There shall be a minimum separation of ten feet
between a swimming pool and the principal structure. Swimming pools shall not be
located within the front building setback, forward of any part of the house, or
within a required side yard, rear yard, or other restricted area of the lot (e.g., a no-
build zone). No swimming pool shall be located, designed, operated, or maintained
as to interfere unduly with the enjoyment of the property rights of surrounding
property owners. Nuisances shall be pursued according to all applicable city
ordinances.
(4) Swimming pool barriers.
(a) Swimming pools located within all zoning districts shall be surrounded by
open ornamental swimming pool barriers or a solid swimming pool barrier,
provided the solid barrier is no higher than four feet and otherwise complies with
the regulations herein and this section.
(b) All openings, doorways and entrances into the pool area shall be equipped
with gates of equal height and material with the fence, and shall be provided with
latches and permanent locks.
(c) In residential districts, swimming pools that are nonconforming by reason of
location and setback may be enclosed by an open ornamental or solid swimming
pool barrier, not more than four feet high. Swimming pool barriers may be in
addition to any other fencing that may exist on the property. Swimming pool
barriers may be located within a required setback area, provided that the barrier
is located at least ten feet from any other fence on the property or not farther
than ten feet from the edge of the pool.
(5) Accessory equipment. No swimming pool accessory equipment, including but
not limited to pumping equipment, filtering equipment, diving boards, or slides shall
be located in any required yard. All accessory equipment shall be screened with
evergreen landscaping to the maximum height of the unit. The maximum
permitted height of a diving board or slide shall be ten feet from the established
grade, unless otherwise approved by the Administrative Official.
(6) Permit required. A building permit is required for permanent swimming
pools. The following requirements are to be met:
(a) Submission of a scaled plot plan showing all necessary area, lot coverage,
setback, and yard requirements.
(b) Pools shall be graded to contain water on property for which a permit is
issued and so as not to harm adjacent property.
Section 153.074 ACCESSORY USES AND STRUCTURES
(c) Electrical wiring and equipment shall comply with the National Electrical
Code; an electrical permit for grounding and other electrical equipment is
required.
(d) State Health Board approval is required for community pools.
(e) Fees for a residential/private pool shall be assessed as set forth from time
to time by ordinance, per permit.
(f) Fees for commercial public pools shall be calculated under § 150.177.
(g) Swimming pool barrier details are required with the submission of a building
permit for permanent residential swimming pools. Swimming pool barrier details
shall include the type, height, design, open space dimensions, access gates, and
any required door alarms in accordance with the Residential Building Code.
(D) Non-residential zoning districts.
(1) Accessory uses and/or structures within non-residential zoning districts shall
not exceed 25% of the gross floor area of the principal structure(s) unless
otherwise permitted by this chapter.
(2) Required location in non-residential zoning districts or uses. In any zoning
district except a residential district, accessory uses or structures shall be on the
same lot as the principal use or structure and located subject to the development
requirements of the zoning district in which it is located.
('80 Code, § 1183.05) (Ord. 21-70, passed 7-13-70; Am. Ord. 142-99, passed 2-22-00;
Am. Ord. 28-05, passed 6-20-05; Am. Ord. 18-07, passed 4-9-07; Am. Ord. 96-07,
passed 1-22-08; Am. Ord. 25-10, passed 8-9-10) Penalty, see § 153.999
PLANNING 5200 Emerald Parkway Dublin, Ohio 43017 phone 614.410.4600 dublinohiousa.gov
RECORD OF ACTION
Planning & Zoning Commission
Thursday, March 18, 2021 | 6:30 pm
The Planning and Zoning Commission took the following action at this meeting:
2. Garage Conversions
21-010ADMC Administrative Request - Code Amendment
Proposal: Amend Zoning Code Section 153.074 to address the conversion of
garages into habitable spaces in residential zoning districts.
Request: Review and recommendation of approval to City Council on the proposed
Administrative Request – Code Amendment under the provisions of
Zoning Code Sections 153.232 and 153.234.
Applicant: Dana L. McDaniel, City Manager, City of Dublin
Planning Contact: Tammy J. Noble, Sr. Planner
Contact Information: 614.410.4649, tnoble@dublin.oh.us
Case Information: www.dublinohiousa.gov/pzc/21-010
MOTION: Mr. Fishman moved, Mr. Supelak seconded, to recommend approval to City Council to amend
Zoning Code Section 153.074 to address the conversion of garages into habitable spaces in
residential zoning districts.
VOTE: 5 – 0.
RESULT: The Administrative Request - Code Amendment to address the conversion of garages into
habitable spaces in residential zoning districts was recommended for approval and forwarded
to City Council.
RECORDED VOTES:
Jane Fox Yes
Warren Fishman Yes
Kristina Kennedy Absent
Mark Supelak Yes
Rebecca Call Yes
Leo Grimes Absent
Lance Schneier Yes
STAFF CERTIFICATION
_____________________________________
Tammy J. Noble, Senior Planner
Planning and Zoning Commission DRAFT
Meeting Minutes of March 18, 2021
Page 6 of 10
Ms. Call requested staff to conduct research on the appropriate, recommended language, and the reason for
it.
Ms. Call inquired if there were further input on the other questions.
Mr. Schneier recommended that for symmetry purposes, the reference to “unless otherwise” be used or
removed consistently in subsections (a) through (f), if the intent is to treat them the same.
Ms. Noble responded that with (f) parking, the desire was to identify parameters, but they were unable to do
so. She believes the reference could be removed, as a case-by-case review would suffice.
Mr. Boggs stated that staff would require the applicant to demonstrate what was needed or the reason the
reason the required ratio was not needed.
Ms. Call inquired if the language could state, “that the facility shall meet the minimum parking requirements
of the City Zoning Code.”
Mr. Boggs responded that his inclination would be to leave the words, “unless otherwise approved.” The
assumption is that we begin with the statement that the facility must meet the ratio required for a hospital or
demonstrate why they should not do so.
Ms. Call stated that (f) could require a parking plan be provided with the application for review.
Ms. Fox expressed agreement of the proposed revision of (f), and eliminate the use of “unless otherwise
approved.” In letter (b), which relates to size, a suggestion that there could be other options for consideration
should be avoided.
[Commission members were supportive of the recommended revisions.]
The list of requested revisions was reviewed for clarity.
Staff will make the requested revisions for future Commission consideration.
Public Comment
No public comments were received on the case.
2. Garage Conversions, 21-010ADMC, Administrative Request - Code Amendment
A request for review and recommendation to City Council to amend Zoning Code Section 153.074 to address
the conversion of garages into habitable spaces in residential zoning districts.
Staff Presentation
Ms. Noble stated that City Council directed Planning and the Law Director’s office to draft a Zoning Code
modification to address proposals for residential structures for conversion of attached garage space into
habitable space. Because of these conversions, vehicular storage space was lost. A draft amendment was
considered by the Commission at their February 18, 2021 meeting, on which there was significant discussion.
The Code modification allowed attached garages to be converted to habitable space if there was an existing
garage on site that was comparable in size to the garage being converted, or if a new garage of a comparable
size could be constructed on the site. The Commission believed that could be overly restrictive and
recommended the Code amendment focus on the impacts of the conversion, including loss of storage space
and aesthetic considerations. Legal counsel recommends that in order to address City Council’s direction, the
proposed amendment be considered further and perhaps be modified in a manner with which the Commission
would be comfortable. If this is not possible, staff will work on a revision to the draft.
Public Comment
No public comments were received on the case.
Commission Discussion
Mr. Supelak stated that he has no concerns with the proposed Code amendment.
Planning and Zoning Commission DRAFT
Meeting Minutes of March 18, 2021
Page 7 of 10
Mr. Fishman stated that he has visited some residential communities in neighboring jurisdictions and observed
garage conversions and their impact on the neighborhood. Most of the conversions were not attractive, and
due to the size of the lots, there was no opportunity to construct a replacement garage. We do not want that
situation replicated within our neighborhoods. His objection to conversions of attached garages is the
elimination of enclosed parking space, resulting in vehicles being parked in the driveway and on the street.
Currently, the proposed Code does not require that the replacement garage be in place when the attached
garage is converted; it could happen at some future time, which in many cases, would never occur.
Mr. Schneier agreed that there was a need to stipulate a timeframe for a garage replacement. He has also
suggested some language revisions to staff that would improve clarity but not change the meaning.
Ms. Noble responded that she appreciated his proposed revisions to the definition for clarity purposes
(displayed suggested revisions).
Ms. Fox inquired where the driveways of the residences lead in the conversions Mr. Fishman observed.
Mr. Fishman responded that the driveways lead directly to the side of house, where a garage opening no
longer existed. In Dublin, development text often requires the homes to have at a minimum, a 2-car garage.
The intent is that vehicles would be stored internally at night. One reason that conversions are considered is
that it is more economical than building onto a house; so it can be assumed that for economic reasons,
homeowners also would not construct an additional garage, unless required to do so.
Ms. Call stated that she has concerns with (a), which states that if there is existing garage space on the lot,
the attached garage may be converted. However, if that additional garage has only one space, it is insufficient,
and the vehicles will be parked on the street. She would recommend the language be revised to: “(a) another
garage exists on the property that is of commensurate size to the garage being converted, or (b) another
garage is constructed on the property that is of commensurate size….”
Commission members were supportive of the proposed change.
Ms. Call stated that the Commission’s concerns were (1) aesthetics of the garage conversion, and (2)
decreasing the amount of on-premise parking resulting in vehicles being parked on the public street, thereby,
impacting the neighborhood.
Ms. Fox stated that with the proposed changes, the remaining issue for her would be the driveways.
Ms. Rauch stated that with a front-loaded garage, the driveway is required to be commensurate with the size
of the garage door. Per Code, if there is no longer a garage with a garage door, a driveway is not permitted
in the front yard.
Ms. Fox inquired if the garage space were being used for storage, a workout room or a hobby, but the space
was not heated/cool, it would be considered habitable space.
Staff responded that it would not be considered habitable.
Mr. Boggs stated that the Building Code contains specific parameters that determine what is habitable vs.
uninhabitable, such as heating/cooling, means of egress and ventilation.
Ms. Fox stated that she is comfortable with the proposed language.
Ms. Noble inquired about the timeframe preferred.
Ms. Call stated that the additional garage space must already be in place or constructed before the conversion
would be permitted.
Mr. Fishman noted that they could have a permit for the conversion but not receive an occupancy permit until
the second garage was built.
Mr. Fishman moved, Mr. Supelak seconded a recommendation of approval of an amendment to Zoning Code
153.074, ACCESSORY USES AND STRUCTURES, (B), that:
5) Garages converted to habitable space. Attached garages in all residential zoning districts may
convert existing garage space into habitable living space if:
Planning and Zoning Commission DRAFT
Meeting Minutes of March 18, 2021
Page 8 of 10
a. Another garage exists on the property that is commensurate in size to the size being converted,
or
b. Another garage is constructed on the property, which is commensurate in size to the garage
being converted.
Ms. Fox, yes; Mr. Supelak, yes; Mr. Schneier, yes; Mr. Fishman, yes; Ms. Call, yes.
[Motion approved 5-0]
3. Technology Flex, 21-011ADMC, Administrative Request - Code Amendment
A request for review and recommendation to City Council to amend Zoning Code Section 153.044 to modify
permitted uses in the Technology Flex District related to Motor Vehicle Repair – Major.
Staff Presentation
Ms. Noble stated that this is a proposal for a Code amendment t o modify the permitted uses in the Technology
Flex District related to Motor Vehicle Repair – Major. Tech Flex Districts are typically located outside of I-270,
positioned along major roadways, are quite visible, and have a negative impact on adjacent properties. This
has raised a question as to whether Major Automotive Repair businesses should continue to be permitted in
this district, or if they should be removed from this zoning classification. The Commission reviewed a proposed
amendment at their February 18, 2021 meeting and had no objections to the proposed language. Staff
recommends approval of the proposed amendment.
Public Comment
No public comments were received on the case.
Commission Discussion
Commission members had no objection to the proposed Code amendment.
Mr. Supelak moved, Mr. Fishman seconded a recommendation to Council for approval of an amendment to
Zoning Code Section 153.044 to modify uses in the Technology Flex District related to Motor Vehicle Repair –
Major.
Mr. Schneier, yes; Ms. Fox, yes; Ms. Call, yes; Mr. Supelak, yes; Mr. Fishman, yes.
[Motion approved 5-0]
4. 6077 & 6101 Avery Road Rezoning, 21-020Z - Rezoning
A request for review and recommendation to City Council for a rezoning of two, City-owned parcels: one from
Suburban Office and Institutional District, and one from Neighborhood Commercial District (WTWP) to the
Technology Flex District. The parcels are located west of Avery Road intersection with Irelan Place.
Case Presentation
Ms. Rauch stated that is a request to rezone two parcels, 6077 and 6101 Avery Road, respectively
approximately .90-acre and .43-acre in size, to align with the established surrounding Technology Flex District
zoning. The parcels are located west of the Avery Road intersection with Irelan Place. Both parcels currently
are vacant. The northernmost parcel, 6101 Avery Road, is zoned SO, Suburban Office and Institutional District.
The southernmost parcel, 6077 Avery Road, is zoned NC, Neighborhood Commercial District (Washington
Township). The Tech Flex District is intended to provide a wide range of uses for research, office and clean
manufacturing. Both parcels are owned by the City of Dublin. The Future Land Use Map of the Community
Plan designates the northernmost parcel as Parks and Open Space and the southernmost parcel as
Neighborhood Office and Institutional. The uses in this area are consistent with the Tech Flex District. At this
To: Members of the Planning and Zoning Commission
From: Jennifer M. Rauch, AICP, Planning Director
Date: March 18, 2021
Initiated By: Jennifer D. Readler, Law Director
Thad Boggs, Asst. Law Director
Tammy Noble, Senior Planner, Long Range Planning Manager
Re: Residential Garage Conversion Code Amendment (21-010ADMC)
Update
Planning presented a draft code amendment to the Planning and Zoning Commission on February
18, 2021 meeting regarding the conversion of residential garages into habitable space.
Summary
City Council directed Planning and the Law Director’s office to draft a Zoning Code modification to
address proposals for residential structure that include the conversion of garage space into
habitable space. The Zoning Code permits this conversion but does not address the lack of parking
accommodations that may be lost as a result, or the change in residential character with this
modification.
Planning and the Law Director’s office provided a draft Code modification allowing garages to be
converted to habitable space with the stipulation that there is an existing garage, comparable in
size to the garage being converted on site or a new garage be constructed on site comparable in
size. This would allow residential structures to expand their internal space, as needed, and
continue to maintain storage and parking needs, as well as maintain the aesthetic character of a
traditional single-family neighborhood.
The Commission expressed concern regarding the proposed Code modification related to
converting garage space to habitable space during their initial review in February. The Commission
recommended the Code amendment focus on the impacts of converting space such as loss of
storage space and aesthetic considerations in lieu of the proposed language. Planning and the Law
Director’s office recognize the Commission’s concerns, but in order to address City Council’s
direction staff requests the proposed amendment be considered further. Planning recommends the
Commission provide any additional feedback on the proposed amendment and seeks a
recommendation to City Council of the amendment.
Recommendation
Planning seeks a recommendation of approval of 21-010ADMC from the Planning and Zoning
Commission to City Council to provide language in our City of Dublin Zoning Code that address
converting residential garages into habitable space.
City of Dublin Division of Planning
5200 Emerald Parkway • Dublin, OH 43017-1090
Phone: 614.410.4600 Memo
Dublin, Ohio Code of Ordinances
§ 153.074 ACCESSORY USES AND STRUCTURES.
(A) Purpose and scope.
(1) Accessory uses and structures shall be permitted in association with a principal use or
structure. Permitted accessory structures shall be subordinate and proportional in area to their location. For
smaller residential lots, accessory structures are intended to be proportional in area to the size of the principal
structure. For larger residential lots, accessory structures shall be proportional to the size of the property on
which they are located. For non-residential districts, accessory uses and structures shall be proportional to
the principal use or structure.
(2) Applicability. This section shall apply to accessory uses and structures in all zoning districts unless
otherwise provided for in the development requirements of the district in which the property is located or the
respective planned development text.
(3) Accessory uses.
(a) Residential. Storage, recreation, child care, home occupations, leisure and gardening/landscaping
uses, and others as permitted by the district in which the property is located or as determined by the
Administrative Official.
(b) Non-residential. As permitted by the district in which the property is located.
(4) Accessory structures. Accessory structures include, but are not limited to, the following:
(a) Residential. Garages and carports (attached and detached), sheds, swimming pools, hot tubs, sport
courts and similar facilities, gazebos, porches/sunrooms, patios, decks, greenhouses, or similar facilities, and
other similar structures as determined by the Administrative Official.
(b) Non-residential. Dumpster enclosures, sheds, garages/parking structures, greenhouses, and other
similar structures as determined by the Administrative Official.
(c) Temporary. Construction trailers, portable classrooms, portable non-residential structures, special
event tents, and others in accordance with § 153.097.
(d) Landscape features, including but not limited to planting beds, fountains, and other similar
features, and play structures shall not be considered accessory structures and are therefore not subject to the
regulations of this section.
(B) Accessory uses and structures in Residential Districts and Residential Planned Development Districts.
(1) Accessory uses shall comply with any applicable requirements of this Code or approved
development text.
(2) Detached accessory structures.
(a) 1. This section shall apply to detached accessory structures for residential properties, including
but not limited to detached garages, sheds, greenhouses, carports, and other similar structures as determined
by the Administrative Official. ATTACHED, for the purpose of this section, means that the addition is
integrated visually, structurally and architecturally with the principal structure, has an attached roof with
similar design to the principal structure, permits access between the principal structure and the addition either
internally or under the roof, and/or shares a common wall with the principal structure or is connected to the
principal structure by an enclosed space.
2. For purposes of determining attachment, an enclosed space is an area under a roof which has solid
walls at least 18 inches in height around its entire exterior, or which is 100% screened, walled, or provided
with glass from floor to ceiling, so that the enclosed interior space is completely separated from the outside
space.
(b) The following shall not be counted toward the maximum permitted square footage for detached
accessory structures: fire pits, sport courts, swimming pools, hot tubs, solar panels, kennels, attached
three-season rooms, screened porches, decks, or patios. Gazebos, trellises and arbors or other open and
unenclosed structures or similar structures that are 250 square feet in area or less, as determined by the
Administrative Official, shall not be counted toward the maximum permitted square footage.
(c) The following shall not be counted toward the number of permitted detached accessory structures:
gazebos, trellises, and arbors or other similar structures that are 250 square feet in area or smaller; other
similar landscape features, fire pits, sport courts, swimming pools, hot tubs, solar panels, kennels, attached
three season rooms, screened porches, decks, patios, or other similar structures as determined by the
Administrative Official.
(d) For the purposes of division (B)(2) of this section, only the gross square footage of ground floor
area shall be counted toward the maximum permitted detached accessory structure square footage.
(e) Maximum square footage and number of detached accessory structures.
PROPERTY
SIZE REQUIREMENTS (CUMULATIVE)
Less than 1 acre
840 sq. ft., OR 30% of the livable area of the principal building excluding attached
garages, whichever is greater. In no case shall the height of the detached accessory
structure exceed 18 feet.
Not more than two detached accessory structures shall be permitted.
1 - 5 acres
1,000 sq. ft., PLUS 250 sq. ft. per acre or fraction thereof over one acre, up to a
maximum of 2,000 sq. ft.
In no case shall the height of the detached accessory structure exceed 22 feet.
Two detached accessory structures PLUS one additional detached accessory
structure per acre greater than one acre shall be permitted. Not more than five
detached accessory structures shall be permitted.
Over 5 acres AND
zoned R or R-1
2% of the lot area, not to exceed a cumulative square footage for all detached
accessory structures of 3,000 sq. ft.
Additional setback requirements: For any single detached accessory structure in
excess of 2,000 sq. ft. setbacks are as required by the District in which the property
is located, PLUS 25 ft. for each 250 sq. ft., or fraction thereof, over 2,000 sq. ft.
Notwithstanding the provisions of this chapter, detached accessory structures shall
be permitted one garage door not greater than 12 feet in height, provided that the
structure is located to the rear of the principal structure. The maximum height for
accessory structures shall not exceed that permitted for the principal structure.
Not more than five detached accessory structures shall be permitted.
(f) Except as may otherwise be permitted, no part of any accessory building shall be used as a
dwelling for residential purposes.
(3) Accessory structures in Multiple-Family Residential Districts.
(a) Multiple-family residential units shall be permitted not more than one two-car garage per unit
provided all other applicable development requirements are met.
(b) The exterior façade materials and architectural design of all accessory structures shall be
coordinated with those of the principal building.
(c) This section shall not prohibit accessory uses and structures typical of multiple-family residential
developments, including but not limited to clubhouses and/or administration offices, pool houses, laundry
facilities, gatehouses, mailbox shelters, dumpster shelters or enclosures, recreational facilities, and other
similar structures as determined by the Administrative Official, provided all applicable development
requirements including but not limited to lot coverage, setbacks, open space, and stormwater management are
met.
(d) For detached garages in Multiple-Family Residential Districts, not more than five garage doors are
permitted in a single row or plane.
(4) Garages. Attached garages shall not be counted toward the maximum permitted square footage for
accessory structures. All new and additions to existing front-loaded attached and detached garages or garages
that are visible from the street and angled less than 60 degrees to the front lot line or street tangent line must
meet the following requirements:
(a) No single garage door opening shall be wider than 18 feet. Only one such garage door is permitted.
(b) No combination of garage door openings shall be wider than 36 feet.
(c) Not more than two garage doors may be located on the same horizontal plane of the principal
structure. Additional garage doors must be located on separate planes with a minimum separation of 16
inches.
(d) Garage door openings totaling 18 feet in width or less shall not make up more than 35% of the
linear distance of the front elevation nor project more than 12 feet from the adjacent vertical wall plane. Open
and uncovered porches shall not be considered a vertical wall plane.
(e) Garage door openings totaling more than 18 feet up to 36 feet in width shall not make up more
than 45% of the linear distance of the front elevation nor project more than ten feet from the adjacent vertical
wall plane. Open and uncovered porches shall not be considered a vertical wall plane.
(5) Required location in residential zoning districts.
(a) All accessory uses and structures, including swimming pools and associated decking, shall be
constructed within the permitted buildable area of a lot, behind all applicable setback lines, and to the rear or
side of the principal structure.
(b) No build/no disturb zones shall remain free of all structures including, but not limited to buildings,
parking, driveways, sidewalks, sheds, swimming pools, patios, decks, or other accessory structures, fences,
antennae, and basketball courts or other sport courts. All other plat requirements shall be met.
(6) Relationship to principal structure.
(a) Attached and detached accessory structures that exceed 200 square feet shall be coordinated with
those of the principal structure on the lot.
(b) Attached accessory structures must conform to all regulations of this chapter applicable to
principal structures.
(C) Residential swimming pools.
(1) Permitted types.
(a) Permanent swimming pools. Only below-grade permanent swimming pools are permitted.
(b) Temporary pools. Inflatable or other temporary pools are permitted provided they have a
maximum depth of 18 inches and are placed to the side or rear of the primary structure.
(c) Hot tubs. Hot tubs are permitted accessory structures, and may be either below or above grade,
provided that they do not exceed 100 square feet in total water surface area, or 4.5 feet in depth or height as
measured from finished grade. Hot tubs, which exceed these size and height requirements, shall be
considered swimming pools and must be placed below the established grade. Hot tubs shall be secured with a
lockable cover or shall be entirely enclosed by a permitted barrier with a self-latching and lockable gate.
(2) Size. Swimming pools shall not be considered detached accessory structures for the purposes of
calculating maximum permitted area based on the size of the principal structure or the lot. All principal
structures are permitted a swimming pool if yard space, lot coverage, and other related development
standards for the pool and deck or patio area are met.
(3) Location and setback. There shall be a minimum separation of ten feet between a swimming pool
and the principal structure. Swimming pools shall not be located within the front building setback, forward of
any part of the house, or within a required side yard, rear yard, or other restricted area of the lot (e.g., a
no-build zone). No swimming pool shall be located, designed, operated, or maintained as to interfere unduly
with the enjoyment of the property rights of surrounding property owners. Nuisances shall be pursued
according to all applicable city ordinances.
(4) Swimming pool barriers.
(a) Swimming pools located within all zoning districts shall be surrounded by open ornamental
swimming pool barriers or a solid swimming pool barrier, provided the solid barrier is no higher than four
feet and otherwise complies with the regulations herein and this section.
(b) All openings, doorways and entrances into the pool area shall be equipped with gates of equal
height and material with the fence, and shall be provided with latches and permanent locks.
(c) In residential districts, swimming pools that are nonconforming by reason of location and setback
may be enclosed by an open ornamental or solid swimming pool barrier, not more than four feet high.
Swimming pool barriers may be in addition to any other fencing that may exist on the property. Swimming
pool barriers may be located within a required setback area, provided that the barrier is located at least ten
feet from any other fence on the property or not farther than ten feet from the edge of the pool.
(5) Accessory equipment. No swimming pool accessory equipment, including but not limited to
pumping equipment, filtering equipment, diving boards, or slides shall be located in any required yard. All
accessory equipment shall be screened with evergreen landscaping to the maximum height of the unit. The
maximum permitted height of a diving board or slide shall be ten feet from the established grade, unless
otherwise approved by the Administrative Official.
(6) Permit required. A building permit is required for permanent swimming pools. The following
requirements are to be met:
(a) Submission of a scaled plot plan showing all necessary area, lot coverage, setback, and yard
requirements.
(b) Pools shall be graded to contain water on property for which a permit is issued and so as not to
harm adjacent property.
(c) Electrical wiring and equipment shall comply with the National Electrical Code; an electrical
permit for grounding and other electrical equipment is required.
(d) State Health Board approval is required for community pools.
(e) Fees for a residential/private pool shall be assessed as set forth from time to time by ordinance, per
permit.
(f) Fees for commercial public pools shall be calculated under § 150.177.
(g) Swimming pool barrier details are required with the submission of a building permit for permanent
residential swimming pools. Swimming pool barrier details shall include the type, height, design, open space
dimensions, access gates, and any required door alarms in accordance with the Residential Building Code.
(D) Non-residential zoning districts.
(1) Accessory uses and/or structures within non-residential zoning districts shall not exceed 25% of the
gross floor area of the principal structure(s) unless otherwise permitted by this chapter.
(2) Required location in non-residential zoning districts or uses. In any zoning district except a
residential district, accessory uses or structures shall be on the same lot as the principal use or structure and
located subject to the development requirements of the zoning district in which it is located.
('80 Code, § 1183.05) (Ord. 21-70, passed 7-13-70; Am. Ord. 142-99, passed 2-22-00; Am. Ord. 28-05,
passed 6-20-05; Am. Ord. 18-07, passed 4-9-07; Am. Ord. 96-07, passed 1-22-08; Am. Ord. 25-10, passed
8-9-10) Penalty, see § 153.999
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Proposed Language-Blue Font
§ 153.074 ACCESSORY USES AND STRUCTURES.
(A) Purpose and scope.
(1) Accessory uses and structures shall be permitted in association with a
principal use or structure. Permitted accessory structures shall be subordinate
and proportional in area to their location. For smaller residential lots, accessory
structures are intended to be proportional in area to the size of the principal
structure. For larger residential lots, accessory structures shall be proportional to
the size of the property on which they are located. For non-residential districts,
accessory uses and structures shall be proportional to the principal use or
structure.
(2) Applicability. This section shall apply to accessory uses and structures in all
zoning districts unless otherwise provided for in the development requirements
of the district in which the property is located or the respective planned
development text.
(3) Accessory uses.
(a) Residential. Storage, recreation, child care, home occupations, leisure
and gardening/landscaping uses, and others as permitted by the district in
which the property is located or as determined by the Administrative
Official.
(b) Non-residential. As permitted by the district in which the property is
located.
(4) Accessory structures. Accessory structures include, but are not limited to,
the following:
(a) Residential. Garages and carports (attached and detached), sheds,
swimming pools, hot tubs, sport courts and similar facilities, gazebos,
porches/sunrooms, patios, decks, greenhouses, or similar facilities, and
other similar structures as determined by the Administrative Official.
(b) Non-residential. Dumpster enclosures, sheds, garages/parking
structures, greenhouses, and other similar structures as determined by
the Administrative Official.
(c) Temporary. Construction trailers, portable classrooms, portable non-
residential structures, special event tents, and others in accordance with
§ 153.097.
(d) Landscape features, including but not limited to planting beds,
fountains, and other similar features, and play structures shall not be
considered accessory structures and are therefore not subject to the
regulations of this section.
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Existing Language-Black Font
Proposed Language-Blue Font
(B) Accessory uses and structures in Residential Districts and Residential Planned
Development Districts.
(1) Accessory uses shall comply with any applicable requirements of this Code or
approved development text.
(2) Detached accessory structures.
(a) Detached accessory structures.
1. This section shall apply to detached accessory structures for
residential properties, including but not limited to detached garages,
sheds, greenhouses, carports, and other similar structures as determined
by the Administrative Official. ATTACHED, for the purpose of this section,
means that the addition is integrated visually, structurally and
architecturally with the principal structure, has an attached roof with
similar design to the principal structure, permits access between the
principal structure and the addition either internally or under the roof,
and/or shares a common wall with the principal structure or is connected
to the principal structure by an enclosed space.
2. For purposes of determining attachment, an enclosed space is an area
under a roof which has solid walls at least 18 inches in height around its
entire exterior, or which is 100% screened, walled, or provided with glass
from floor to ceiling, so that the enclosed interior space is completely
separated from the outside space.
(b) The following shall not be counted toward the maximum permitted square
footage for detached accessory structures: fire pits, sport courts, swimming
pools, hot tubs, solar panels, kennels, attached three-season rooms, screened
porches, decks, or patios. Gazebos, trellises and arbors or other open and
unenclosed structures or similar structures that are 250 square feet in area or
less, as determined by the Administrative Official, shall not be counted toward
the maximum permitted square footage.
(c) The following shall not be counted toward the number of permitted
detached accessory structures: gazebos, trellises, and arbors or other similar
structures that are 250 square feet in area or smaller; other similar landscape
features, fire pits, sport courts, swimming pools, hot tubs, solar panels, kennels,
attached three season rooms, screened porches, decks, patios, or other similar
structures as determined by the Administrative Official.
(d) For the purposes of division (B)(2) of this section, only the gross square
footage of ground floor area shall be counted toward the maximum permitted
detached accessory structure square footage.
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(e) Maximum square footage and number of detached accessory structures (see
chart).
(f) Except as may otherwise be permitted, no part of any accessory building
shall be used as a dwelling for residential purposes.
(3) Accessory structures in Multiple-Family Residential Districts.
(a) Multiple-family residential units shall be permitted not more than one two-
car garage per unit provided all other applicable development requirements are
met.
(b) The exterior façade materials and architectural design of all accessory
structures shall be coordinated with those of the principal building.
(c) This section shall not prohibit accessory uses and structures typical of
multiple-family residential developments, including but not limited to clubhouses
and/or administration offices, pool houses, laundry facilities, gatehouses, mailbox
shelters, dumpster shelters or enclosures, recreational facilities, and other similar
structures as determined by the Administrative Official, provided all applicable
development requirements including but not limited to lot coverage, setbacks,
open space, and stormwater management are met.
(d) For detached garages in Multiple-Family Residential Districts, not more than
five garage doors are permitted in a single row or plane.
(4) Garages. Attached garages shall not be counted toward the maximum
permitted square footage for accessory structures. All new and additions to existing
front-loaded attached and detached garages or garages that are visible from the
street and angled less than 60 degrees to the front lot line or street tangent line
must meet the following requirements:
(a) No single garage door opening shall be wider than 18 feet. Only one such
garage door is permitted.
(b) No combination of garage door openings shall be wider than 36 feet.
(c) Not more than two garage doors may be located on the same horizontal
plane of the principal structure. Additional garage doors must be located on
separate planes with a minimum separation of 16 inches.
(d) Garage door openings totaling 18 feet in width or less shall not make up
more than 35% of the linear distance of the front elevation nor project more than
12 feet from the adjacent vertical wall plane. Open and uncovered porches shall
not be considered a vertical wall plane.
(e) Garage door openings totaling more than 18 feet up to 36 feet in width shall
not make up more than 45% of the linear distance of the front elevation nor
DRAFT CODE LANGUAGE-RESIDENTIAL GARAGE CONVERSION
Existing Language-Black Font
Proposed Language-Blue Font
project more than ten feet from the adjacent vertical wall plane. Open and
uncovered porches shall not be considered a vertical wall plane.
(5) Garages converted to habitable space. Attached garages in all residential
zoning districts may convert existing garage space into habitable living space if
another existing garage commensurate in size to the garage that that is being
converted or another garage is constructed on the property that is commensurate
in size to the garage that is being converted.
(6)(5) Required location in residential zoning districts.
(a) All accessory uses and structures, including swimming pools and associated
decking, shall be constructed within the permitted buildable area of a lot, behind
all applicable setback lines, and to the rear or side of the principal structure.
(b) No build/no disturb zones shall remain free of all structures including, but
not limited to buildings, parking, driveways, sidewalks, sheds, swimming pools,
patios, decks, or other accessory structures, fences, antennae, and basketball
courts or other sport courts. All other plat requirements shall be met.
(7)(6) Relationship to principal structure.
(a) Attached and detached accessory structures that exceed 200 square feet
shall be coordinated with those of the principal structure on the lot.
(b) Attached accessory structures must conform to all regulations of this
chapter applicable to principal structures.
(C) Residential swimming pools.
(1) Permitted types.
(a) Permanent swimming pools. Only below-grade permanent swimming pools
are permitted.
(b) Temporary pools. Inflatable or other temporary pools are permitted
provided they have a maximum depth of 18 inches and are placed to the side or
rear of the primary structure.
(c) Hot tubs. Hot tubs are permitted accessory structures, and may be either
below or above grade, provided that they do not exceed 100 square feet in total
water surface area, or 4.5 feet in depth or height as measured from finished
grade. Hot tubs, which exceed these size and height requirements, shall be
considered swimming pools and must be placed below the established grade. Hot
tubs shall be secured with a lockable cover or shall be entirely enclosed by a
permitted barrier with a self-latching and lockable gate.
(2) Size. Swimming pools shall not be considered detached accessory structures
for the purposes of calculating maximum permitted area based on the size of the
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principal structure or the lot. All principal structures are permitted a swimming pool
if yard space, lot coverage, and other related development standards for the pool
and deck or patio area are met.
(3) Location and setback. There shall be a minimum separation of ten feet
between a swimming pool and the principal structure. Swimming pools shall not be
located within the front building setback, forward of any part of the house, or
within a required side yard, rear yard, or other restricted area of the lot (e.g., a no-
build zone). No swimming pool shall be located, designed, operated, or maintained
as to interfere unduly with the enjoyment of the property rights of surrounding
property owners. Nuisances shall be pursued according to all applicable city
ordinances.
(4) Swimming pool barriers.
(a) Swimming pools located within all zoning districts shall be surrounded by
open ornamental swimming pool barriers or a solid swimming pool barrier,
provided the solid barrier is no higher than four feet and otherwise complies with
the regulations herein and this section.
(b) All openings, doorways and entrances into the pool area shall be equipped
with gates of equal height and material with the fence, and shall be provided with
latches and permanent locks.
(c) In residential districts, swimming pools that are nonconforming by reason of
location and setback may be enclosed by an open ornamental or solid swimming
pool barrier, not more than four feet high. Swimming pool barriers may be in
addition to any other fencing that may exist on the property. Swimming pool
barriers may be located within a required setback area, provided that the barrier
is located at least ten feet from any other fence on the property or not farther
than ten feet from the edge of the pool.
(5) Accessory equipment. No swimming pool accessory equipment, including but
not limited to pumping equipment, filtering equipment, diving boards, or slides shall
be located in any required yard. All accessory equipment shall be screened with
evergreen landscaping to the maximum height of the unit. The maximum
permitted height of a diving board or slide shall be ten feet from the established
grade, unless otherwise approved by the Administrative Official.
(6) Permit required. A building permit is required for permanent swimming
pools. The following requirements are to be met:
(a) Submission of a scaled plot plan showing all necessary area, lot coverage,
setback, and yard requirements.
(b) Pools shall be graded to contain water on property for which a permit is
issued and so as not to harm adjacent property.
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(c) Electrical wiring and equipment shall comply with the National Electrical
Code; an electrical permit for grounding and other electrical equipment is
required.
(d) State Health Board approval is required for community pools.
(e) Fees for a residential/private pool shall be assessed as set forth from time
to time by ordinance, per permit.
(f) Fees for commercial public pools shall be calculated under § 150.177.
(g) Swimming pool barrier details are required with the submission of a building
permit for permanent residential swimming pools. Swimming pool barrier details
shall include the type, height, design, open space dimensions, access gates, and
any required door alarms in accordance with the Residential Building Code.
(D) Non-residential zoning districts.
(1) Accessory uses and/or structures within non-residential zoning districts shall
not exceed 25% of the gross floor area of the principal structure(s) unless
otherwise permitted by this chapter.
(2) Required location in non-residential zoning districts or uses. In any zoning
district except a residential district, accessory uses or structures shall be on the
same lot as the principal use or structure and located subject to the development
requirements of the zoning district in which it is located.
('80 Code, § 1183.05) (Ord. 21-70, passed 7-13-70; Am. Ord. 142-99, passed 2-22-00;
Am. Ord. 28-05, passed 6-20-05; Am. Ord. 18-07, passed 4-9-07; Am. Ord. 96-07,
passed 1-22-08; Am. Ord. 25-10, passed 8-9-10) Penalty, see § 153.999
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Case Presentation
Ms. Martin stated that this was a request for an amendment to Chapter 153.066, which was the development
process section of the Bridge Street District Code. The Bridge Street District is a form-based area of the City
located within the I-270 corridor, and contains a number of zoning districts. In 2019, the review process
procedures were amended, largely in name only. The names of the case types were changed to align with
the Planned Unit Development (PUD) case types, which are Concept Plan, Preliminary Development Plan, and
Final Development Plan (FDP). In the PUD review process, should there be changes subsequent to the
approval of a FDP, there is the opportunity for the applicant to seek consideration of an Amended FDP. This
step was not included with the 2019 Code Amendment, which was an oversight of staff. Currently, the Bridge
Street District review process requires that an amendment or modification to an existing developed site would
be either a Minor Project Review, if very minor, or in most cases require the three-step review process. The
latter could be quite onerous if an applicant were making only site or building modifications that exceed the
threshold for the Minor Project Review. The proposed amendment will include the addition of the AFDP process
as well as modifications to cross-references that have been influenced by the changes. The amendment will
also provide a new cross-reference for parking plans, which was also been an error in the 2019 amendment.
Commission Questions/Discussion
The Commission was supportive of the proposed amendment.
Public Comments
No public comments were received on the case.
Ms. Martin clarified that the proposed amendment is an Introduction, so if there are no objections, this item
would be scheduled on the Commission’s March 4 agenda for consideration.
Ms. Noble indicated that Cases 6, 7 and 8 would be considered together, all of which are also Introductions
to gain the Commission’s input.
6. Specialty Hospitals, 21-009ADMC, Administrative Request – Code Amendment
An introduction to amend the Zoning Code to add provisions for Specialty Hospitals.
7. Garage Conversions, 21-010ADMC, Administrative Request – Code Amendment
An introduction to amend Zoning Code Section 153.170 to address the conversion of garages into
habitable spaces in residential zoning districts.
8. Technology Flex District, Vehicle Repair - Major, 21-011ADMC, Administrative Request –
Code Amendment
An introduction to amend Zoning Code Section 153.044 to modify permitted uses related to Motor Vehicle
Repair – Major in the Technology Flex District.
Case Presentations
Ms. Noble stated that these three Code modifications are proposed to address issues experienced with the
current Code. The first, Specialty Hospitals, currently is not a land use classification within the City. These
facilities have been included within the Hospital classification. Recently, there has been concern that they
should be defined separately. If so, how should they be defined, what development review process should be
followed, and where should they be permitted? The second Code amendment proposed relates to Residential
Districts, which are requests to convert residential garages into habitable spaces. This is primarily an
administrative process, so usually typically does not require Planning and Zoning Commission review.
However, the item has been a source of staff and Council discussions, due to comments and concerns
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expressed by the public. The question is if there should be requirements for conversion of garages, due to
the possible elimination of storage space and required parking spaces. The third amendment concerns the
Technology Flex District, where major car repair has been allowed. This has been a source of issues with
surrounding properties as well as for the Economic Development Team. Staff has been asked to analyze the
District and see if major car repair should no longer be permitted in the District.
Specialty Hospitals
This type of land use was discussed by the Commission at their October 1, 2020 meeting. This use has been
included in the “Hospital” category, which is permitted in the Bridge Street District - Suburban Office and in
the Exceptional Use District. The Commission requested staff to identify various specialty hospitals based on
their operations; then to identify their operations and evaluate where they should be placed within the Zoning
Code. The Law Director’s Office suggested looking at, not the care provided, but the operational needs and
site design standards. The primary zoning district where the proposed classification would be used would be
the Suburban Office District, a general zoning classification that permits medical uses. These sites are
sporadically located throughout the City, inside of I-270, in the Metro Center-Blazer Parkway area, and in the
southern portions of Shier Rings Road. Most of the sites are developed, so the proposal would be relevant
only if they were to be redeveloped. Hospitals are permitted within seven zoning districts in the Bridge Street
District. Those districts are the Office and Residential component of the Bridge Street District; the Office
District; and various neighborhood districts with the BSD. Within those districts, there are a number of parcels
that could be classified for a Hospital use. Staff has conducted research to learn how specialty hospitals are
defined by national organizations, the APA, medical associations, as well as other communities within the
region. The proposed specialty hospital definition provides the following four distinctions:
The facility admits patients for medical care that is intended to require a stay of seven or more
consecutive days -- long-term stays.
The facility has a required admission process, as opposed to being open to the general public, and is
licensed as a specialty hospital.
An overview of types of uses that could be facilitated within a specialty hospital.
Characteristics/amenities often identified with specialty hospitals, including amenities such as outdoor
recreational uses; 24-hour care providers; or additional security needs, such as fencing or staff.
It is proposed that specialty hospitals be identified as a Conditional Use primarily within the Suburban Office
District and potentially the districts within the Bridge Street District. It is not proposed within the Exceptional
Use District, because it is rarely used. As a Conditional Use, there is a need to identify parameters for the
potential uses, including the need for outdoor recreational areas to be located at the rear of the buildings,
and all lighting and fencing to be required to meet Code.
Ms. Noble stated that she was looking for the Commission’s feedback on which of the above-noted districts
should permit specialty hospitals and what review process should be required, if not the suggested Conditional
Use review process. It could be a Permitted Use with specific requirements for approval.
Commission Question/Discussion
Ms. Kennedy inquired if the seven-day stay was proposed to provide a distinction between short-term and
long-term stays.
Ms. Noble responded affirmatively. Most general hospitals have patient stays of 3-5 days, unless it is a chronic
condition. For that reason, stays of 7 or more consecutive days were used to identify specialty hospitals.
Ms. Kennedy inquired if the outdoor recreation areas located at the rear of the structure would be designated
for resident use only, not for the general public.
Ms. Noble responded that it would be intended as private space. Many medical facilities would not permit
interaction with the public in these spaces.
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Residential Garage Conversion
Ms. Noble stated that the direction from Council for this Code modification is due to requests from the public
for a permitted process for conversion of residential attached garage spaces into habitable spaces. While the
current Zoning Code permits this conversion, it does not address the parking accommodations that may be
lost as a result of the modification. Staff has been working with the Law Director’s Office to draft a code
modification that would allow garages to be converted to habitable space with the caveat that there is an
existing garage, comparable in size to the garage being converted on site, or there is space on the site to
construct a new garage comparable in size. This will allow residential structures to expand their internal space
but ensure the required parking and storage is maintained. This modification would be applicable in all
Residential Districts and would address the complaints of neighbors impacted by residential garage
conversions.
Commission Question/Discussion
Ms. Call stated that she assumes the neighbors have complained that these garage conversions have impacted
their rights. The City has parking standards that must be met, so the main criteria would be that the conversion
must not put the homeowner into nonconformance with those requirements. This modification addresses
attached garages. As proposed, if a house had two 2-car attached garages (4 parking spaces), one of the
garages could be converted. Because the home would continue to provide the required parking, the
neighborhood would not be impacted. However, a neighboring house with only one 2-car garage would not
be permitted a similar conversion. She believes that, per the Code language, where there are two garages,
the larger of the two must be kept. She would prefer not to be too prescriptive or to create situations where
a homeowner was not able to do what they wanted with their property, due to how it had originally been
built.
Ms. Noble responded that the Code currently requires parking to be provided in residential districts, but it
does not necessarily require that it be covered. Some of the complaints have been that neighbors are not
storing garbage cans in the proper locations or have all their vehicles parked in the driveway and none in a
garage. Detached garages are not typically an issue, but most garages within the City are attached.
Ms. Call stated that she is surprised that Dublin does not have covered parking requirements given this climate,
so perhaps that is a starting point for the discussion, understanding that what exists would be “grandfathered
in.” Current Code requirements address storage of garbage cans or parking for a home-based business.
However, the Code can be modified to address issues that are being experienced. For instance – and she
would bring this item up later in the meeting -- on-street parking can be an issue during winter incidents that
necessitate snow plowing of the street. Are there such issues that Council might have been thinking of when
they requested this Code modification?
Ms. Noble responded that one issue is the general aesthetics of garage conversions. Because garages are
typically a prominent feature of a home, the conversion can look awkward.
Mr. Fishman noted that garage conversions that have occurred within the City have either looked really good
or really bad. Perhaps there should be an architectural review component for proposed process.
Ms. Noble responded that, currently, an administrative review process is used for proposed garage
conversions; however, perhaps specific standards could be added to ensure cohesiveness with the exterior of
the main structure. Staff would look into that further.
Mr. Fishman stated that neighbors’ objections are not usually about covered or uncovered parking. Complaints
are typically related to the number of cars parked in driveways or on the street, due to the use of the
designated parking for storage or other purposes.
Ms. Call clarified that her previous reference concerned “enclosed” garages versus driveway parking.
Mr. Fishman stated that retaining the required amount of parking spaces was very important.
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Mr. Grimes thought that this issue probably would occur more often in older neighborhoods than newer
developments, which are subject to specific subdivision regulations, such as setbacks. Is the proposed Code
amendment the most appropriate way of dealing with the concern? Language could be added or cross
references that would address those areas that are not subject to defined subdivision plat regulations.
Ms. Noble responded that the issue has occurred in both older and newer communities, as people tend to
build large homes and have insufficient space on their lot to do anything else.
Mr. Supelak stated that his primary concern would be the quality of the conversion. If anything could be done
to make it less purely administrative and put protective measures in place ensuring the quality of the infill, it
would be important. He agreed with Ms. Call that some of these issues would be handled elsewhere, and that
having cars all over the driveway might affect property values of other properties.
Mr. Schneier stated that he was surprised that there were no requirements for a certain amount of covered
versus uncovered parking. Therefore, if the parking requirements are two spaces, but it doesn’t need to be
covered, garage conversions could result in those cars being parked on the street. Is there a City-wide
prohibition about permanently parking cars on the street? If so, perhaps the solution is enforcement. He would
presume if cars are not permitted to be parked permanently on the street, that would deter some garage
conversions. To him, the issue does not rise to the level of addressing the quality and aesthetics of the
conversion.
Ms. Call responded that she believes there are no Code regulations that prohibit parking on the street, as long
as the car is moved periodically.
Ms. Noble responded that the Code requires only that the automobile be operable, so unless the roadway
restricts on-street parking, it is permitted.
Ms. Call inquired if staff had sufficient feedback from the Commission to continue drafting the proposed Code
revision.
Ms. Noble responded that she had sufficient feedback.
Technology Flex
Ms. Noble stated that the third Code modification was a request from the City’s Economic Development
department, which concerns a use that is currently permitted in the Technology Flex District. That District was
created approximately ten years ago to replace all of the previous Industrial Zoning classifications to: (1)
minimize the intensity of industrial uses permitted within this district, and (2) to allow architectural standards.
The intent of this district is to promote industrial classifications that are light in nature and to allow for uses
that are flexible in terms of technology-based companies that might want to expand or modify their facilities
later. These districts are typically located along major thoroughfare locations; therefore, are visible. This has
raised a question whether Major Automotive Repair businesses should continue to be permitted in this district,
or if they should be removed from this zoning classification. The Tech Flex Districts areas typically are located
outside of I-270, positioned along major roadways, progressing into the US33 corridor. They are usually large
tracts of land, which are intended to promote technology-orientated businesses. However, due to the site’s
visibility and the City’s intent to promote quality development, staff has been asked to analyze whether this
is an appropriate use within this zoning classification. This use is currently permitted with the requirement
that outdoor storage be completely screened. Since many of the buildings are multi-story, they can be
screened from adjacent properties, but still be visible from predominant buildings. It has been recommended
that this use be removed from the Tech Flex District. Accordingly, with the proposed amendment, an “Existing
Use” provision has been included, similar to those in the Bridge Street and the West Innovation Districts,
which permit existing business to continue to operate as a Permitted Use. The intent is not to create non-
conforming uses, but to allow existing businesses to grow and modify their businesses to keep up with quality
assurances. This amendment would omit this land use requirement from the Technology Flex District and
include the provision for “Existing Uses.”