Loading...
Ordinance 32-23RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No.32-23 (AMENDED) Passed , 20 AMENDMENTS TO ZONING CODE SECTIONS 153.002, 153.071, AND 153.074 TO ADDRESS OPEN AND UNCOVERED STRUCTURES (22-178ADMC) WHEREAS, it is necessary from time to time to amend Dublin’s Zoning Code to protect the health, safety and welfare of the citizens of the City of Dublin, and WHEREAS, the City of Dublin Zoning Code recognizes the need to ensure development standards are compatible with the surrounding development and character within residential neighborhoods, and WHEREAS, the City of Dublin Zoning Code needs to be updated to provide clarity and consistency regarding regulations to maintain the high-quality development standards within the City, and WHEREAS, the Planning and Zoning Commission reviewed and recommended adoption of the proposed amendment to Sections 153.002, 153.071, and 153.074 of the City of Dublin’s Zoning Code on July 20, 2023 because it serves to improve the health, safety and welfare of the citizens of the City of Dublin, NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, bp of its elected members concurring, that: Section 1. Sections 153.002, 153.071, and 153.074 of the Codified Ordinances of the City of Dublin is hereby amended and shall provide as attached to this Ordinance: Section 2. This ordinance shall be effective on the earliest date permitted by law. Passed this__//© day of _< leas , 2023. nee FHL Mayor - presping Offiger’ ATTEST: Cafe Obs CFR of Cofincil (   To: Members of City Council From: Megan D. O’Callaghan, City Manager Date: September 5, 2023 Re: Ordinance 32-23 - Amendments to Zoning Code Sections 153.002, 153.071, and 153.074 to Address Open and Uncovered Structures (22- 178ADMC). Summary Ordinance 32-23 is a request for review and approval of amendments to Zoning Code Sections 153.002, 153.071, and 153.074 to further clarify open and uncovered structures in the Code. The Ordinance was introduced on August 28, 2023 and minor modifications were requested by City Council, which have been incorporated in the revised draft. Updates Following direction from City Council, Staff has made the following updates to the code amendments to provide further clarity:  Added a definition of a stoop to clarify this is an uncovered area that provides access to a structure, which is intended to be different from a porch which can be covered.  Modified the encroachment provision to permit stoops to encroach into the front or rear setback not to exceed 5 feet.  Modified the porch definition to clarify it can be roofed area attached to the exterior of a dwelling and adjacent to a building entrance. The proposed amendment is to clarify that porches would not be permitted to encroach into the required setbacks and meet the intent of limiting visual obstructions.  Removed porches from the encroachment allowances based on the updated definition.  Added “at grade” to the patio definition. Background In February 2022, the Board of Zoning Appeals (BZA) heard an Administrative Appeal case regarding a determination made by Staff regarding the installation of a trellis/pergola over an existing patio that encroached 5 feet into the required rear yard setback. Staff determined the pergola was not permitted to encroach 5 feet within the rear yard setback, as the encroachment, regulated by Zoning Code Section 153.071(B)(1)(c), is only permissible for open and uncovered porches/patios and not for covered structures. The applicant requested an Administrative Appeal to the determination that a pergola is considered “open and uncovered”. The BZA upheld the determination of Staff, but directed Staff to more clearly define the terms open, uncovered, pergola, patio, trellis, porch, and any other definition regarding these accessory structures in the Zoning Code. The Planning and Zoning Commission reviewed the draft ordinance in May 2023, was supportive of the draft language proposed, and recommended minor updates to the text to clarify specific code section. These modifications are incorporated in the proposed amendment, as well as those Office of the City Manager 5555 Perimeter Drive • Dublin, OH 43017-1090 Phone: 614-410-4400 • Fax: 614-410-4490 Memo Memo re. Ord. 32-23 - Open and Uncovered Structures September 5, 2023 Page 2 of 3 recommended when the Commission reviewed and made a recommendation of approval to City Council in July 2023. Code Amendments Definitions The BZA provided direction to define several terms currently not located in Zoning Code Section 153.002, Definitions. Staff has provided a redline version of the Code Section, with definitions for the following terms: awning, patio, pergola, porch, portico, and trellis. Staff removed any reference to open and uncovered in the Zoning Code to eliminate any room for interpretation or subjectivity regarding whether a structure qualifies as open or uncovered. Lot and Yard Requirements The existing Zoning Code Section 153.071(B)(1)(c) states that open and uncovered porches may project beyond the front building setback line or into a required rear yard a distance not to exceed 5 feet. Staff has interpreted this requirement to allow for at-grade patios to encroach, with the intent to provide additional usable amenity space for all residential lots in the City. The intent behind the rear yard setback requirements is to preserve the view shed of adjacent properties and to preserve a ‘green buffer’ between adjacent property owners and adjacent uses. At-grade patios do not hinder this intent, as there are no vertical elements to impact the view sheds. Planning Staff has provided draft language to clarify this requirement to maintain the intent of rear yard setback requirements, while allowing for at-grade patios to continue to encroach 5 feet into the rear yard setback. Structures that are not built at-grade, including porticos, pergolas, awnings, decks, and canopies, are not permitted to encroach the rear yard setback requirement. Seating walls that are incorporated into the design of the patio and do not exceed combined height of 18 inches would be permitted to encroach 5 feet, along with the patio. Additionally, Staff has provided clarity regarding the projection of porches into the front building setback line not to exceed 5 feet, which is consistent with the current Code provisions. Finally, Staff has included language that specifies that the height of a structure cannot be artificially increased by the use of mounding. This new requirement limits the increase of fill or natural cover to allow for an increase in height for a structure, such as a patio. The following example visualizes how this Code requirement would work for future applications: Memo re. Ord. 32-23 - Open and Uncovered Structures September 5, 2023 Page 3 of 3 Recommendation of the Planning and Zoning Commission The Commission reviewed and recommended approval to City Council of the proposed amendments at the July 20, 2023. Recommendation Council approval of Ordinance 32-23. § 153.002 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning, as determined by the Director. (B) General definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning, as determined by the Director. (1) General definitions - A (a) AWNING. A roof-like covering, often adjustable, over a door, window, or other opening in a structure, designed to provide protection against the elements such as sun, wind, or rain.AWNING. A roof-like covering, often adjustable, over a door, window, or other opening in a structure and attached to said structure, designed to provide protection against the elements such as sun, wind, or rain. (16) General definitions - P (c) PARKING SETBACK LINE. A line specifically established by the city, zoning district, or subdivision plat which determines the minimum distance that parking, loading or maneuvering may be located from a street right-of-way line. (c)(d) PATIO. Any outdoor developed surface located at grade and adjacent to a building or structure. (d)(e) PEDESTRIAN CIRCULATION PLAN. A detailed plan showing the location of all site access points, sidewalks, walkways, bicycle facilities, and travel routes expected to be used by pedestrians. (e)(f) PEDESTRIAN FACILITIES. All amenities or elements including sidewalks, walkways, benches, pedestrian lighting, and other similar facilities intended to assist or be used by pedestrians. (f)(g) PEDESTRIAN LIGHTING. Lighting that improves walkway illumination for pedestrianways. (g)(h) PEDESTRIAN PATH. A sidewalk, path, walkway or other similar facility that is intended for ordinary use by pedestrians. (h)(i) PEDESTRIAN REALM. That portion of the street right-of-way typically comprised of the streetscape, including pedestrian facilities, such as a sidewalk, path/trail, or off-street bicycle facility, and a street buffer such as a planting zone or furnishings zone. (i)(j) PEDESTRIANWAY. A pathway designed for use by pedestrians, located mid-block or within the middle-third of a building or structure, allowing pedestrian movement from one street to another without traveling along the block's perimeter. (k) PENNANT. A flag or banner often longer at one end then the other, usually tapering to a point(s). (j)(l) PERGOLA. A structure built with columns or posts that support a series of rafters or latticework that serves as a cover for a patio or deck. Pergolas can be independent or connected to the principal structure. (k)(m) PERIMETER LANDSCAPE BUFFER ZONE. That area adjacent to any vehicular use area or along common boundaries in which the perimeter landscape requirements of this chapter are to be met. (l)(n) PERIMETER LANDSCAPING. The use of landscape materials within the perimeter landscape buffer zone to achieve the required opacity. (m)(o) PERMANENT SIGN. Any permitted or legal nonconforming sign intended to remain in place until a change of occupancy or development occurs. A permanently sign must be securely attached or installed upon a building, structure, or the ground. (n)(p) PERMANENT STRUCTURE. Any structure that is not a temporary structure. (o)(q) PERSON. Includes any association, firm, partnership, trust, governmental body, corporation, or organization, as well as an individual. (p)(r) PERSONAL AUTOMOBILE. Any vehicle that seats fewer than ten passengers, is registered as a passenger vehicle or a non-commercial truck, and is used for the sole purpose of transporting resident(s) and guest(s) to and from daily activities. (q)(s) PERVIOUS SURFACE. A paved or non-paved area that allows water to filter into the ground. (r)(t) PITCHED ROOF. A roof with a slope that includes, but is not limited to, hipped, gable, mansard and gambrel roofs. (s)(u) PLANNED UNIT DEVELOPMENT (PUD). A form of a planned development that includes one or more uses permitted by right or as conditional uses and which is established according to the requirements of § 153.052, or was approved as a PUD prior to the adoption of these regulations. (t)(v) PLANNING AND ZONING COMMISSION, or COMMISSION. The Planning and Zoning Commission of the city. (u)(w) PLANTING ZONE. A landscape area that extends to the sidewalk from the back of curb, edge of pavement or edge of a cycletrack, in which street trees, swales, lighting, and street signs may be located. Sidewalks may cross the planting zone. Planting zones are typically used adjacent to residential buildings. (See also, FURNISHINGS ZONE). (v)(x) PLINTH. A continuous, usually projecting course of stone or brick forming the base or foundation of a wall. (w)(y) POLE SIGN. See GROUND SIGN. (z) POLITICAL SIGN. A sign concerning candidates for elective office, public issues and similar matters to be decided by the public at an election. (x)(aa) PORCH. A structure projecting from the front, side, or rear façade of the building without any enclosed features of glass, wood, or other material. A roofed structure that is attached to the exterior of a dwelling adjacent to a building entrance. (bb) PORTABLE SIGN. Any sign that is designed to be or capable of being moved or transported, and not permanently affixed or attached to any building, structure, or grounds. (y)(cc) PORTICO. A structure with a roof supported by columns leading to the entrance of a building. (z)(dd) PRELIMINARY DEVELOPMENT PLAN. A plan, submitted at the time of rezoning to a PUD or BSD project, outlining permitted and conditional land uses, development sites, major circulation patterns, critical natural areas to be preserved, open space areas and linkages, buffer areas, entryways, and major utilities and their relationship with surrounding uses. For the purposes of §§ 153.050 through 153.056, a preliminary development plan shall include a composite plan and any other development plan adopted prior to effective date of these regulations that are still in force. (aa)(ee) PRESERVE or PRESERVATION. The process, including maintenance, of treating an existing building to arrest or slow future deterioration, stabilizing the structure and providing structural safety without changing or adversely affecting the character or appearance of the structure. (bb)(ff) PRIMARY FAÇADE MATERIAL. The permitted building material or materials used for the majority of the façades of a building. (cc)(gg) PRIMARY IMAGE. The name of the use or business identified on a permanent sign. The primary image must be displayed in text. (See also SECONDARY IMAGE). (dd)(hh) PRINCIPAL FRONTAGE STREET. A street designated to establish the street frontage orientation of lots and building façades. Principal frontage streets are intended to create pedestrian-oriented block faces by establishing continuous street-facing façades with limited driveway interruptions. Front lot lines and front façades are oriented along principal frontage streets, and the building address is typically designated along these frontages. (ee)(ii) PRINCIPAL ENTRANCE. The primary door into the building for pedestrians for which access is available to the majority of the uses within the building. It is generally located on the front façade. (ff)(jj) PRINCIPAL STRUCTURE. Any building or structure in which the principal use of the lot or parcel takes place. (gg)(kk) PRINCIPAL USE. The main or primary use of a property, building, or site. (hh)(ll) PRODUCT SIGN. A permanent sign typically located in a window, advertising a product or service offered by a business. (ii)(mm) PROJECTED IMAGE. An image projected onto a building, structure, or sign. (jj)(nn) PROJECTING SIGN. A sign that is wholly or partly dependent upon a building for support or suspended from a pole attached to a building. Such signs must be installed perpendicular to the building face upon which they are attached. (kk)(oo) PROJECTION. Any component of a structure that extends out from the principal structure. (ll)(pp) PROMOTIONAL SIGNS. A temporary sign that provides information regarding time, place, and the like of a special event, community activity or similar activity. (mm)(qq) PROTECTED TREE. Any tree having a diameter of six inches DBH or larger or having an aggregate diameter of 15 inches DBH or larger or a tree which has been designated by the city to be of high value or interest to the city because of its location or historic association, or other professional criteria. (nn)(rr) PYLON SIGN. See GROUND SIGN. (19) General definitions - S (w) STACKING SPACE. A space designed to be occupied by a vehicle while waiting to order or to be served at a drive-through window or drive-up ATMs, or while waiting to enter a parking lot, parking structure, fuel station, dispensing station, or loading area. (w)(x) STOOP. A structure providing a means of gaining access to an elevated point of entrance into a structure. (x)(y) STOREFRONT. The portion of a building façade serving as the front elevation of an individual tenant space, including an entrance and windows providing physical and visual access into the tenant space, typically limited to the ground story and located along a street-facing façade. (y)(z) STORY. A habitable level within a building measured from finished floor to finished floor. i. GROUND STORY. The first floor of a building that is level to or elevated above the finished grade on the front and corner façades, excluding basements or cellars, accessible from the established grade through the use of a ramp or steps. ii. HALF STORY. A story either in the base of the building, partially below and partially above grade (visible basement), or a story fully within the roof structure with transparency facing the street. iii. UPPER STORY. The floors located above the ground story of a building, including any half-stories within the roof structure. (z)(aa) STREAMER. A ribbon-shaped or cord-like rope which may have pennants and/or banners attached and which is stretched or hung between two or more supports. (aa)(bb) STREET FAÇADE. A building face with frontage along and typically parallel to a public street. Street façades are designated as either front or corner façades, and are oriented in relation to the front or corner side property lines. (bb)(cc) STREET FRONTAGE. The orientation of a lot line, building façade, block face or open space type along, and typically parallel to, a public street. A building façade oriented along a street frontage is also referred to as the street façade. (cc)(dd) STREETSCAPE. The various components that make up the pedestrian realm, both in the right-of-way and along private lot frontages within required building zones, including tree lawns, pavement, parking spaces, planting areas, street furniture, street trees, streetlights, sidewalks, front yard fences, etc. (dd)(ee) STREET RIGHT-OF-WAY. The public or private right-of-way permitting associated streetscape elements and typically consisting of both a vehicular and pedestrian realm. (ee)(ff) STREET RIGHT-OF-WAY LINE. A line that separates the street right- of-way from a contiguous property. (ff)(gg) STREET TERMINATION. The point at which a street ends, requiring vehicles, bicycles, and pedestrians to turn the corner of a block. (gg)(hh) STREET TYPE. Required street configurations with specific combinations of right-of-way, pavement width, pedestrian and bicycle facilities, travel lanes, and parking lanes intended to result in a desired street character. (hh)(ii) STREET WALL. An opaque, freestanding wall or an opaque combination of landscaping and fencing, built along the frontage line, or along the same building line as the building façade, typically intended to screen vehicular use areas or service areas and/or to define the pedestrian realm. (ii)(jj) STRUCTURE. Anything constructed or erected, the use of which requires permanent location on the ground, or attachment to something having permanent location on the ground, including advertising signs, billboards, mobile homes (located for occupancy on a permanent foundation) and other construction or erection with special function or form, except fences or walks. Includes the word "building." (jj)(kk) STRUCTURE, PRINCIPAL. A structure in which is conducted the principal use of the lot on which it is situated. (kk)(ll) STUCCO. A coarse plaster composed of Portland or masonry cement, sand, and hydrated lime mixed with water and applied in a plastic state to form a hard exterior covering. (ll)(mm) SUBORDINATE. A building or structure that is secondary or incidental to the primary building, structure, or use on a lot. (20) General definitions - T (o) TREE WELL. An opening in a sidewalk to accommodate street trees and other understory plantings such as perennials, groundcover, ornamental grass, and low growing shrubs. Tree wells are typically covered by an approved grate or other covering. (o)(p) TRELLIS. Standalone latticework used as a screen or as a support for climbing plants that is not structurally connected to a building. (p)(q) TRIM. The finished woodwork or similar architectural element used to enhance, border or protect the edges of openings or surfaces, such as windows or doors. (q)(r) TURRET. A small tower, characteristically corbelled from a corner. § 153.071 LOT AND YARD SPACE REQUIREMENTS. (A) Platting required. No use shall be established or altered and no structure shall be constructed or altered except upon a lot that has been platted in accordance with or which otherwise meets, the requirements of the subdivision regulations. Development requirements are minimum requirements for the arrangement of lots and spaces to be achieved in all developments. (B) Lot area and yard space preserved. The lot area and yard space required for a use or structure shall be maintained during its life and shall not be reduced below the minimum requirement, occupied by another use or structure, or counted as yard space for any other use or structure. (1) Open yards required. The yard space required for a use or structure shall, during its life, remain free of all uses or occupancy except as follows: (a) Fences, walls and landscaping shall be permitted in any required yard, or along the edge of any yard, provided that no fence or wall between a street and a front building setback line is more than three feet in height, except as required in §§ 153.130 through 153.138 or in accordance with an approved final development plan of a Planned Development District. (b) Eaves, cornices, window sills and belt courses may project into any required yard a distance not to exceed two feet. (c) Patios and seat walls, not exceeding a combined 18 inches in height above grade, shall be permitted to encroach into the required rear yard a distance not to exceed 5 feet. Structures and Accessory Structures, including, but not limited to, porticos, pergolas, and canopies, are not permitted to encroach into the rear setback. (d) Porches Stoops, not exceeding 30 inches in height, may project beyond the front and rear building setback line not to exceed 5 feet. (b)(e) The height of a structure may not be artificially increased by the use of mounding unless otherwise required by the zoning district regulations. (c) Open and uncovered porches may project beyond the front building setback line or into a required rear yard a distance not to exceed five feet. (d)(f) Driveways shall be setback at least three feet from a side lot line or adjacent to the side lot line where a single common drive is provided for two adjoining lots as listed in § 153.210. (e)(g) All vehicular use areas, including driveways, in industrial districts shall be located at least 15 feet from any residential district lot line as listed in § 153.016 or as otherwise noted for the Technology Flex District in § 153.044 and the Innovation Districts in § 153.039. (f)(h) Rain barrels and other similar rainwater harvesting devices may project into a front setback, and a side and/or a rear yard a distance not to exceed three feet. § 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, pergolas, awnings, canopies, greenhouses, or similar facilities, and other similar structures as determined by the Administrative Official. (b) Non-residential. Dumpster enclosures, sheds, garages/parking structures, patios, decks, pergolas, awnings, canopies, 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. 1.(b) 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)(c) 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, or porches. Gazebos, pergolas, 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)(d) The following shall not be counted toward the number of permitted detached accessory structures: gazebos, pergolas, awnings, 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, porches, decks, or other similar structures as determined by the Administrative Official. Formatted: Numbered + Level: 3 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 1.24" + Indent at: 1.55" (d)(e) 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)(f) 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)(g) 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 Porches with no additional overhead structures 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. Porches with no additional overhead structuresOpen 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. PLANNING 5200 Emerald Parkway Dublin, Ohio 43017 phone 614.410.4600 dublinohiousa.gov RECORD OF ACTION Planning & Zoning Commission Thursday, July 20, 2023 | 6:30 pm The Planning and Zoning Commission took the following action at this meeting: 2.Open and Uncovered Patios 22-178ADMC Administrative Review – Code Amendment Proposal: Request: Applicant: Planning Contact: Contact Information: Case Information: Proposed language to amend Zoning Code Sections 153.002, 153.071, and 153.074 to address the definitions of accessory structures in residential and non-residential districts. Review and recommendation of approval to City Council on the proposed Administrative Request – Code Amendment under the provisions of Zoning Code Section 153.234. Megan O’Callaghan, City Manager, City of Dublin Zachary C. Hounshell, Planner II 614.410.4652, zhounshell@dublin.oh.us www.dublinohiousa.gov/pzc/22-178 MOTION: Mr. Fishman moved, Ms. Harter seconded, to recommend approval to City Council for an Open and Uncovered Patios Code Amendment. VOTE: 4 – 0. RESULT: The Code Amendment was recommended for approval and forwarded to City Council. RECORDED VOTES: Rebecca Call Yes Mark Supelak Absent Kim Way Yes Kathy Harter Yes Jamey Chinnock Absent Warren Fishman Yes Lance Schneier Absent STAFF CERTIFICATION _____________________________________ Zachary C. Hounshell, Planner II Planning and Zoning Commission DRAFT   Meeting Minutes – July 20, 2023 Page 12 of 14 Ms. Call stated that the common concerns she has heard from the Commission is the density and the character of this building. The criteria states exactly that, “the conceptual building must be appropriate to the building beside it in scale; creates a cohesive development character; completes the surrounding environment; and conforms with the building types in the Code.” The building type is allowable by Code, but the appropriate building scale needed to create the cohesive development character and complete the surrounding environment are the issues. Commission members do not believe the application meets those criteria. Mr. Underhill stated that is the difficulty with subjective criteria, which the Commission is tasked to consider. Ms. Call stated that there are some unknowns, such as the AEP easement, open space and site development standards that could be addressed at the PDP stage; however, to move forward, the Concept Plan must meet all the criteria. The Commission is an administrative body, not legislative, and the criteria requiring the appropriate scale for a cohesive development character are not met. Mr. Way moved, Ms. Harter moved to approve the Concept Plan with the following seven (7) conditions: 1) For future applications, McCune Avenue, Village Parkway, and Street B are accepted as Front Property Lines. 2) All streets and streetscape features shall be consistent with BSD Streetscape Character Guidelines, to be analyzed at PDP. 3) The garage access for the Phase One building shall shift to the east, approximately mid- building, at PDP so as to avoid conflict with the new intersection alignment at Village Parkway and Tuller Road. 4) The applicant shall continue to work with staff to ensure all practicable Building Type requirements per the BSD Code are met at PDP, including but not limited to Front Property Line coverage. 5) A mid-block crossing waiver shall be necessary for Phase Two at PDP, if this building is over 400 feet long at that time. 6) Based on the length of the buildings, mid-building pedestrianways are required for each building type and should be more centrally located, visible from the McCune-facing amenity decks, and emphasized with both architectural and landscape features at PDP. 7) The applicant shall continue to work with staff to ensure that Open Space requirements are met at PDP, including, but not limited to, the 3:1 ratio requirement and vertical elements adjacent to the AEP easement. Vote: Ms. Harter, no; Mr. Way, yes; Ms. Call, no; Mr. Fishman, no. [Motion failed 1-3] Ms. Call stated that the Concept Plan is not too far off what is required. If the applicant could provide a master plan to the Commission that shows how its cohesive nature incorporates the adjacent parcels, it would help the discussion.  Open and Uncovered Patios, Administrative Review - Code Amendment, 22-178 Review and recommendation of proposed language to amend Zoning Code Sections 153.002, 153.071, and 153.074 to address the definitions of accessory structures in residential and non-residential districts. Planning and Zoning Commission DRAFT   Meeting Minutes – July 20, 2023 Page 13 of 14 Staff Presentation Mr. Hounshell provided an overview of the proposed Code amendment to the open and uncovered accessory structures sections of the City’s zoning Code. The Board of Zoning Appeals requested staff to take a deeper look at the current definitions and requirements for those structures. Their request was due to an administrative appeal that was heard by that Board. The Board upheld staff’s recommended action on that case but requested a review of the related Code sections. The Planning Commission reviewed an earlier draft of amendments at its May meeting and suggested some additional clarifications regarding the definition of a trellis, artificially increasing the height of structures, grading requirements for patios and play equipment in residential properties. The following revisions have been made: clarifications regarding yard and lot requirements; removal of all references to open and uncovered structures, making the text specific to actual structures; ability for at-grade patios and seating walls up to 18 inches in height to encroach into the rear yard setback by 5 feet; and ability for porches to encroach into the front yard. Staff requests the Commission to provide a recommendation of approval to City Council. Commission Discussion Ms. Harter inquired if landscaping would be permitted within the 5-foot encroachment. Mr. Hounshell responded affirmatively. The Code does not regulate residential landscaping. The only areas in which there are requirements are “no disturb” zones. Ms. Call indicated that previously Mr. Schneier expressed a concern about the definition of patio, questioning whether it was appropriate to call an at-grade concrete patio a structure. Mr. Boggs stated that the definition of structure is incredibly broad. That is the reason the Code attempts to distinguish between a horizontal structure and a vertical structure. It distinguishes any improvement that is affixed to the land, such as a concrete slab, as a horizontal structure, as opposed to a structure that is vertical and raised from the grade. Ms. Harter inquired if the issues are with existing homes or new home construction. Mr. Hounshell responded that this requirement would be more specific for existing homes, and those complaints are heard by the Board of Zoning Appeals. For future home developments, the intent is that the Neighborhood Design Standards will provide better clarification and distinction between outdoor amenity space and buildable area. Public Comments No public comments were received on the case. Mr. Fishman moved, Ms. Harter seconded a recommendation to City Council for approval of the Code Amendment. Vote: Mr. Fishman, yes; Mr. Way, yes; Ms. Call, yes; Ms. Harter, yes. [Motion approved 4-0] DISCUSSIONS  Administrative Approvals  September Tour To: Members of the Planning and Zoning Commission From: Jennifer M. Rauch, AICP, Director of Planning Date: July 20, 2023 Initiated By: Zachary C. Hounshell, Planner II Re: 22-178ADMC – Open and Uncovered Structures Summary The Board of Zoning Appeals (BZA) has requested an amendment to the Zoning Code addressing open and uncovered structures and where they are permitted to encroach side or rear yard setbacks. Planning Staff has researched and proposed draft code language for the applicable sections, which was initially reviewed by the Planning and Zoning Commission (PZC) in May. Staff has made modifications based on this feedback and request review and recommendation of the draft ordinance to City Council. Background In February 2022, the BZA heard an Administrative Appeal case regarding a determination made by Staff regarding the installation of a trellis/pergola over an existing patio that encroached 5 feet into the required rear yard setback. Staff determined the pergola was not permitted to encroach 5 feet within the rear yard setback, as the encroachment, regulated by Zoning Code Section 153.071(B)(1)(c), is only permissible for open and uncovered porches/patios and not for covered structures. The applicant requested an Administrative Appeal to the determination that a pergola is considered “open and uncovered”. The BZA upheld the determination of Staff, but directed Staff to more clearly define the terms open, uncovered, pergola, patio, trellis, porch, and any other definition regarding these accessory structures in the Zoning Code. Update In May 2023, the PZC provided feedback for the draft Code Amendment to open and uncovered structures. The Commission was supportive of the draft language proposed, and recommended updates to the text to clarify specific code section. The recommendations included:  Provide further clarification to the definition of a trellis  Address artificial height increases for structures  Clarify grading requirements with patios  Address play equipment requirements for residential properties Staff has made the following updates to the code amendment:  Updated the definition of a Trellis to read: “Standalone latticework used as a screen or as Office of the Planning Division 5200 Emerald Parkway • Dublin, OH 43017-1090 Phone: 614-410-4400 • Fax: 614-410-4490 Memo Memo re. 22-178ADMC – Open and Uncovered Structures July 14, 2023 Page 2 of 3 a support for climbing plants that is not structurally connected to a building.”  Added a requirement that “the height of a structure may not be artificially increased by the use of mounding unless otherwise required by the zoning district regulations.” Staff did not update the text to speak toward grading. Engineering Staff is included in patio permits when a drainage easement is proposed to be impacted. Each applicant is required to obtain an Easement Encroachment agreement when a proposed structure, that meets zoning requirements, encroaches an easement that could impact drainage for a site. Additionally, Staff has provided the Ordinance 28-05 concerning no-build zones and play equipment. The Ordinance was adopted to allow swing sets/play structures to be located within a no-build zone. This reversed a decision in 2000 to require swing sets/play structures to meet zoning and platted requirements. This decision was only to allow play equipment that can be freely moved and does not require a foundation or permanent anchoring to the ground to be placed anywhere on a residential lot. Staff is not proposing to change this direction from Council. Code Amendments Definitions The BZA provided direction to define several terms currently not located in Zoning Code Section 153.002, Definitions. Staff has provided a redline version of the Code Section, with definitions for the following terms: awning, patio, pergola, porch, portico, and trellis. Staff removed any reference to open and uncovered in the Zoning Code to eliminate any room for interpretation or subjectivity regarding whether a structure qualifies as open or uncovered. Lot and Yard Requirements Currently, Zoning Code Section 153.071(B)(1)(c) states that open and uncovered porches may project beyond the front building setback line or into a required rear yard a distance not to exceed 5 feet. Staff has interpreted this requirement to allow for at-grade patios to encroach, with the intent to provide additional usable amenity space for all residential lots in the City. The intent behind the rear yard setback requirements is to preserve the view shed of adjacent properties and to preserve a ‘green buffer’ between adjacent property owners and adjacent uses. At-grade patios do not hinder this intent, as there are no vertical elements to impact the view sheds. Planning Staff has provided draft language to clarify this requirement to maintain the intent of rear yard setback requirements, while allowing for at-grade patios to continue to encroach 5 feet into the rear yard setback. Structures that are not built at-grade, including porticos, pergolas, awnings, decks, and canopies, are not permitted to encroach the rear yard setback requirement. Seating walls that are incorporated into the design of the patio and do not exceed combined height of 18 inches would be permitted to encroach 5 feet, along with the patio. Additionally, Staff has provided clarity regarding the projection of porches into the front building setback line not to exceed 5 feet, which is consistent with the current Code provisions. Finally, Staff has included language that specifies that the height of a structure cannot be artificially increased by the use of mounding. This new requirement limits the increase of fill or natural cover to allow for an increase in height for a structure, such as a patio. Memo re. 22-178ADMC – Open and Uncovered Structures July 14, 2023 Page 3 of 3 The following example visualizes how this Code requirement would work for future applications: Recommendation Planning Staff is recommending a recommendation of approval to City Council. Planning and Zoning Commission   Meeting Minutes – May 18, 2023 Page 2 of 6 1. GetGo Gas Station at 6725 Perimeter Loop Road, 23-017AFDP, Amended Final Development Plan Exterior building modifications to replace roof material at an existing gas station/convenience store/car wash on a 45.56-acre site zoned Planned Commerce District, Perimeter Center. The site is located southeast of the intersection with Avery-Muirfield Drive and Perimeter Loop Road. Public Comments There were no public comments. Mr. Supelak moved, Mr. Fishman seconded to approve the Amended Final Development Plan with no conditions. Vote: Mr. Fishman, yes; Ms. Harter, yes; Ms. Call, yes; Mr. Supelak, yes; Mr. Way, yes. [Motion approved 5-0.] 2. Open and Uncovered, 22-178ADMC, Administrative Request - Code Amendment Review of proposed language to amend Zoning Code Sections 153.002, 153.071, and 153.074 to address the definitions of accessory structures in residential and non-residential districts. Staff Presentation Mr. Hounshell stated that this is an introduction for a future proposed Code Amendment. He provided history on the anticipated proposed amendment. In February 2022, the Board of Zoning Appeals (BZA) heard an Administrative Appeal case regarding a determination made by staff regarding the installation of a trellis/pergola over an existing patio that encroached 5 feet into the required rear yard setback. Staff determined the pergola was not permitted to encroach 5 feet within the rear yard setback, as the encroachment, regulated by Zoning Code Section 153.071(B)(1)(c), is only permissible for open and uncovered porches/patios and not for covered structures. The applicant requested an Administrative Appeal to the determination that a pergola is considered “open and uncovered.” The BZA upheld the determination of staff, but directed staff to define the terms open, uncovered, pergola, patio, trellis, porch, and any other definition regarding these accessory structures that is currently not contemplated in the Zoning Code. There are two sections of the Code that are in need of amendments. The first section is in Section 153.002, Definitions. Draft definitions have been provided for the following terms: awning, patio, pergola, porch, portico, and trellis. Any reference to open and uncovered structures has also been removed to avoid any subjectivity. The second section of the Code in need of change is Section 153.071(B) regarding Lot and Yard Requirements. Section 153.071(B)(1)(c) states that open and uncovered porches may project beyond the front building setback line or into a required rear yard a distance not to exceed 5 feet. Staff has interpreted this requirement to allow for at-grade patios to encroach, with the intent to provide additional usable amenity space for all residential lots in the City. The intent behind the rear yard setback requirements is to preserve the viewshed of adjacent properties and to preserve a green buffer between adjacent property owners and adjacent uses. At-grade patios do not hinder this intent, as there are no vertical elements to impact the view sheds. Planning and Zoning Commission   Meeting Minutes – May 18, 2023 Page 3 of 6 Planning staff has provided draft language to clarify this requirement to maintain the intent of rear yard setback requirements, while allowing for at-grade patios to continue to encroach 5 feet into the rear yard setback. Structures that are not built at-grade, including porticos, pergolas, awnings, decks, and canopies, are not permitted to encroach into the rea r yard setback requirement. Seating walls that are incorporated into the design of the patio and do not exceed an additional 24 inches in height would be permitted to encroach 5 feet, along with the patio. Mr. Hounshell stated that clarity of these sections has been requested by BZA, who has fr equently reviewed cases where the homes have been built to the maximum size on small lots, thereby limiting the outdoor amenity space. This need addresses current residential lots only. Recently, Council adopted Neighborhood Design Standards, and one of the changes addressed was to accommodate additional amenity space outside of the buildable area in new PUD developments. Planning staff is requesting informal discussion of these Code modifications. Based on tonight’s feedback, modified Code language will be finalized for the Commission’s review and recommendation to City Council. To guide the discussion, Staff requests feedback on the following topics: 1) Does the Commission generally support the direction of this Code modification? 2) Do the definitions proposed require any additional modifications to clarify their use? 3) Are there additional definitions that should be considered that are currently not provided? 4) Other considerations by the Commission. Commission Discussion Mr. Supelak inquired if cantilevered roofs without supports would continue to be in violation. Mr. Hounshell responded affirmatively. Ms. Harter inquired about temporary structures, such as sky shades. Mr. Hounshell responded that any vertical element that requires a permit, which is encroaching into the rear setback, would not be permitted. Mr. Way requested clarification of the 24-inch patio height. Mr. Hounshell responded that it would be a straight line up from grade, all the way across the back of the structure. Mr. Way noted that might need to be clarified in the Code. He inquired about the potential for a homeowner to add additional dirt to alter the grade. Mr. Hounshell responded that is not an unfamiliar scenario. It is an issue, for example, that is addressed by the fence Code. He would look into that possibility further with this draft language. There is the variance option available to the property owner. Mr. Way stated that the concern is that if property owners alter the grade, it could affect the stormwater draining within the neighborhood. Ms. Call stated that there are other areas of the Code specific to lot grading and the need not to impact adjacent properties. She requested that information be provided when this Code revision is brought back to the Commission for the next review. Mr. Fishman inquired if swingsets/playsets would continue to be prohibited within the setbacks. Mr. Hounshell responded that a few years ago, Council determined not to regulate those. They now can be anywhere in the yard, including the setback. Mr. Fishman responded that is unfortunate. That has been a significant complaint of adjacent property owners. Placing a playset within a setback can be placing it near a neighbor’s home. Planning and Zoning Commission   Meeting Minutes – May 18, 2023 Page 4 of 6 Ms. Call requested that staff share the Commission’s concern about the placement of play structures within setbacks with City Council. Mr. Supelak pointed out that if there is no regulation at all, they could be placed in front yards. Mr. Fishman stated that today, play structures can be massive. He would prefer they be regulated in this current Code revision in some manner, if possible. Ms. Call stated that in the definition of trellis, there is reference to latticework used as a screen or as a support for climbing plants. We also do not want trellises that are not used for screening. There are some lattice-like structures in the City that do not fit the definition of pergola because they do not have seating areas, but they are not used for trellising. Mr. Hounshell stated that trellis is defined as a fence, so they are addressed in the fence Code. That Code section will be updated, as well. PRESENTATION 3. Dublin Area Housing Study and Strategy Presentation of the findings and recommendations of the Dublin Area Housing Study and Strategy, recently accepted by City Council. Staff Presentation Ms. Noble stated that the City’s consultants, Urban Partners, worked with staff to analyze the City’s housing inventory and to project future needs. The study area included the periphery areas around Dublin and analyzed Dublin’s role in the region. The housing study assessed the financial impacts of land use and housing; identified common housing themes from residents and stakeholders. Finally, it attempted to define how housing could support business growth and retention, consider the role of mobility and identify best practices and trends. The study occurred in two phases. The first phase was an existing conditions assessment, which includes demographics, economic trends, peer community benchmarks, a stakeholder meeting and housing inventory. This phase occurred January to April 2022. The second phase was a market outlook, including market demand and opportunities, example pro forma analysis, best practices and identification of potential housing strategies. This phase occurred May to December 2022. Phase 1 of the study identified the following demographic trends:  Dublin’s population increased by 18% from 2010-2020 (compared to 26% for the Study Area).  The largest segment was school-aged children 5-17 (22% of population).  The most significant growth was residents 65+ (7.5% in 2010 to 12.2% in 2019). In regard to employment growth, of the 48,007 jobs within the City, 7.4% of the workers live in Dublin; 92.6% live outside of Dublin. The majority are coming from Columbus. Phase 2 of the study examined detailed records of 7,901 home sales (Jan. 2017-Dec. 2021). For the 5-year study period, the median sale price was $320,000; the median sale price/SF was $154.02; the median living space was 2,021 SF. Home prices have increased by 22% since 2017 ($286,000 to $350,000). Since 2021, single-family homes in Dublin are selling for prices 52% higher than the Study Area. Of home rentals, 72 multi-family rental communities (17,544 units) were within the study area, while in Dublin proper, there are only 13 communities with 3,592 units. A total of 213 units were available, representing a vacancy rate of 1.2%. Dublin is forecasted to grow