Resolution 61-21
To: Members of Dublin City Council
From: Dana L. McDaniel, City Manager
Date: October 19, 2021
Initiated By: Jennifer D. Readler, Law Director
Megan O’Callaghan, Deputy City Manager/Chief Finance and Development Officer
Re: Resolution 61-21 Temporary Extension of Certain Executive Orders
Background
The City Manager declared a State of Emergency on March 17, 2020. Dublin’s State of Emergency
was in alignment with the Governor’s State of Emergency. Pursuant to his emergency authority,
the City Manager also issued Executive Orders temporarily permitting outdoor dining and eating
areas beyond previously approved locations, temporarily permitting portable nonresidential
structures and temporarily permitting certain signs in support our local economy and businesses.
Since it was unclear when the Governor’s State of Emergency would officially end, City staff
encouraged Council to consider action to ensure continuity. Anticipating the need to focus on
economic recovery, City Council passed Resolution 34-21 on May 24, 2021, to allow the Temporary
Extension of certain Executive Orders to continue in support of our local businesses.
Resolution 34-21 included:
1. An Executive Order amending Chapter 153 of the City Code to temporarily permit outdoor
dining and eating areas beyond previously approved locations
2. An Executive Order amending Chapter 153 of the City Code to temporarily permit portable
nonresidential structures
3. An Executive Order amending Chapter 153 of the City Code to temporarily permit window
signs greater than 10% of the square footage of all windows and to permit temporary signs
in front of business establishments
Resolution 34-21 is set to expire on October 31, 2021.
The National Restaurant Association recently released their mid-year report and it shows a
significant recovery is taking place throughout the industry, despite the lingering global pandemic.
While much of that recovery can be attributed to the growing vaccination rate, municipalities
modifying existing policies on a temporary basis to support local businesses has also contributed to
the positive impact. Though the positive trajectory of the industry is certainly worth
acknowledging, the projection remains down from pre-COVID sales. Given Franklin County remains
a high transmission area, it is important that we continue efforts to support the local businesses
and encourage healthy practices, such as social distancing. Based on these factors, staff
recommends Council consider continuing these orders and associated temporary permits through
the winter months until February 28, 2022.
Currently, the City has issued 19 temporary outdoor patio permits, 10 of which are still being
Office of the City Manager
5555 Perimeter Drive • Dublin, OH 43017
Phone: 614.410.4400 Memo
Memo re. Temporary Extension of Certain Executive Orders
October 19, 2021
Page 2 of 2
utilized. Three portable nonresidential structures were approved, two of which are still in use. All
current permit holders have been notified this matter will be considered at the October 25, 2021
Council meeting.
With regard to outdoor dining and eating areas specifically, Resolution 61-21 also includes a
condition that any Certificate of Zoning Plan Approval (CZPA) holder must file the appropriate
application for a permanent solution within 30 days of the effective date of this resolution or
confirm in writing the intent to remove the temporary outdoor dining and eating area no later than
February 28, 2022. If the owner/operator fails to comply with this condition, their CZPA will be
revoked. The City is committed to finding long-term solutions that meet business operation needs
and encourage economic vitality in the City.
Recommendation
Staff recommends approval of Resolution 61-21, temporarily permitting outdoor dining and eating
areas beyond previously approved locations, temporarily permitting portable nonresidential
structures and temporarily permitting certain signs.
To: Members of Dublin City Council
From: Dana L. McDaniel, City Manager
Date: May 18, 2021
Initiated By: Jennifer D. Readler, Law Director
Re: Temporary Extension of Certain Executive Orders
Background
On Wednesday, May 12th, Governor DeWine announced that he intends to lift most all health
orders on June 2nd. We have been anticipating that these orders would be lifted as a result of
more of our population being vaccinated. This also implies that the Governor will lift the State of
Emergency in Ohio. In anticipation of this, Jennifer Readler, Law Director, has drafted necessary
documents to lift the State of Emergency I issued as City Manager last March.
As you are aware, during this State of Emergency, I issued temporary orders that remain in effect
to include:
1. An Executive Order amending Chapter 153 of the City Code to temporarily permit outdoor
dining and eating areas beyond previously approved locations.
2. An Executive Order amending Chapter 153 of the City Code to temporarily permit portable
nonresidential structures.
3. An Executive Order amending Chapter 153 of the City Code to temporarily permit window
signs greater than 10% of the square footage of all windows and to permit temporary signs
in front of business establishments.
Once I lift the State of Emergency, these temporary orders and permits will no longer be in effect
and staff will need to enforce our code/s. I intend to keep the Dublin State of Emergency in place
as long as the Governor’s State of Emergency is in place. Since it is currently not clear when the
Governor’s State of Emergency will terminate (only health orders expire on June 2), I believe it is
important to have Council consider action to ensure continuity.
I recommend that Council consider continuing these orders and associated temporary permits until
October 31, 2021, per Resolution 34-21, as I believe it will take a period of time for the community
and those businesses issued temporary permits to transition to normal. Staff worked with our local
businesses and institutions in need of relief during the pandemic and they were cautioned that
their temporary permit was only good until the emergency declaration was lifted. Of course, we
had no idea how long that would last. We anticipated the Governor would lift his State of
Emergency and associated Department of Health orders; however, this is a little faster than we
would have guessed. Businesses will need some time to sort this out. I suggest Council consider
some leeway for these temporary permits so that those businesses who suffered significantly,
namely restaurants and small businesses, try to maintain and/or gain momentum coming out of
the pandemic.
Office of the City Manager
5555 Perimeter Drive • Dublin, OH 43017-1090
Phone: 614-410-4400 • Fax: 614-410-4490 Memo
Resolution 34-21
May 18, 2021
Page 2 of 2
Recommendation
Staff recommends Council approve Resolution 34-21.
EXECUTIVE ORDER
TEMPORARY OUTDOOR PATIO EXPANSION
Pursuant to Chapter 36 of the Dublin Codified Ordinances and the City Manager’s Declaration of
a State of Emergency issued on March 17, 2020, the enforcement of certain provisions of
Chapter 153 regarding the City’s Outdoor Dining and Seating regulations are temporarily
amended as follows:
1. A business may temporarily expand their outdoor dining and eating area outside of the
currently designated/approved location to allow for increased social distancing related to
COVID-19. This will be permitted with the following stipulations:
a. The expansion will be permitted in conjunction with an existing and permitted
restaurant use;
b. A Certificate of Zoning Plan Approval will be required at no cost;
c. Relief from specific zoning site requirements, design details, and parking
requirements will be applied on a case-by-case basis.
d. Outdoor speakers and music will not be permitted in the expanded areas.
e. Outdoor dining and seating area materials should complement the existing
materials.
f. Expanded areas will be located to be sensitive to and take into consideration
surrounding properties, including residential areas.
g. Alcohol may only be served in the expanded area when permitted by the Ohio
Division of Liquor Control.
h. Staff will review the request for the expansion in conjunction with the direction
and guidance of FCPH.
2. A Certificate of Zoning Plan Approval shall be required in order to permit Outdoor Dining
and Seating expansion. The following information will be required to be submitted with
the CZPA form at no charge:
• Detailed, dimensioned site plan showing the location on the site with adherence to
ensuring safe access and be served by adequate parking;
• Sensitively located and to show adherence to the standards of the community and
minimizing impact on nearby residential uses to the maximum extent possible;
• Design specifications associated with the proposed outdoor dining and seating
expansion shall be provided: chairs and tables, umbrellas, etc.
• Detailed narrative noting the specific use proposed and the scope of the intended
use, particularly highlighting the required need as a result of COVID-19;
• Signed acknowledgment that the time period of validity is limited to the City’s
designation of a State of Emergency, or any other time limitation otherwise
mandated by the City Manager.
The intent of this Order is to support and promote increased social distancing and support local
businesses during this difficult economic time. These temporary amendments will immediately
cease upon termination of the State of Emergency or as otherwise mandated by the City
Manager and the expanded outdoor dining and seating will be required to be removed and the
site restored.
EXECUTIVE ORDER
PORTABLE STRUCTURES AND TEMPORARY USES
Pursuant to Chapter 36 of the Dublin Codified Ordinances and the City Manager’s Declaration of
a State of Emergency issued on March 17, 2020, the enforcement of certain provisions of
Chapter 153 regarding the City’s Portable Structures and Temporary Uses are temporarily
amended as below:
1. Section 153.097(B)(3) – Portable Nonresidential Structures. A business may temporarily
erect a building(s) or similar structure(s) designed for occupation which is not placed on
a permanent foundation to allow for testing, waiting or staging related to COVID-19.
The definition shall include construction trailers, portable classrooms, tents, trailers and
other similar structures.
2. Section 153.097(C) – Permit process. A Certificate of Zoning Plan Approval shall be
required to permit these designated portable structures and temporary uses. The
following information will be required to be submitted with the CZPA form at no charge:
• Detailed, dimensioned site plan showing location on the site with consideration of
the required setbacks and ensuring safe access and be served by adequate parking;
• Sensitively located to show adherence to the standards of the community and
minimizing impact on nearby residential uses to the maximum extent possible;
• Detailed and dimensioned elevations or design specifications of the proposed
temporary structure;
• Detailed in a narrative noting the specific use proposed and the scope of the
intended use, particularly highlighting the required need as a result of COVID-19;
• Signed acknowledgment that the time period of validity is limited to the City’s
designation of a State of Emergency, or any other time limitation otherwise
mandated by the City Manager.
The intent of this Order is to support and promote healthy practices during this difficult
economic time. These temporary amendments will immediately cease upon termination of the
State of Emergency or as otherwise mandated by the City Manager and the portable structures
and temporary uses will be required to be removed and the site restored.
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EXECUTIVE ORDER
CHAPTER 153 SIGNS
Pursuant to Chapter 36 of the Dublin Codified Ordinances and the City Manager’s Declaration of
a State of Emergency issued on March 17, 2020, the enforcement of certain provisions of Chapter 153
regarding the City’s Sign Code are amended as below:
1. Section 153.159(C) – Window Signs: A business may temporarily erect window signs greater
than ten percent (10%) of the square footage of all windows for that business. Any increase shall
not hinder the ability to view into the business for safety purposes. An application and permit are
not required for this increase.
2. Temporary Signs, Banners & Sandwich Boards – A business may erect one (1) temporary sign,
banner, or sandwich board on or in front of its establishment. This sign shall not exceed six (6)
square feet in area. There will be no application or fee for this temporary sign. This temporary
sign must comply with all Building Code Standards and with the American with Disabilities Act
(ADA).
The intent of this Order is to support and promote our local businesses during this difficult economic time.
These temporary amendments will immediately cease upon termination of the State of Emergency.
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