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41-09 OrdinanceRECORD OF ORDINANCES 41-09 (Amended) Orclinarzce No. Passed 20 AN ORDINANCE AMENDING SECTIONS 153.019 THROUGH 153.025 (RESIDENTIAL DISTRICTS) OF THE DUBLIN CODIFIED ORDI\TANCES (ZONING CODE) REGARDING CONDITIONAL AND PERMITTED USES (CASE 09-042ADM). WHEREAS, it is necessary from time to time to amend the Code in order to protect the health, safety and welfare of the citizens of the City of Dublin; and WHEREAS, Sections 153.019 through 153.025 of the Dublin Codified Ordinance contain information related to the permitted and conditional uses in the residential zoning districts; and WHEREAS, the purpose of this Code amendment is to designate institutional uses, specifically religious uses, as conditional uses and type B childcare as a permitted use in all residential districts in the Code; and WHEREAS, the Planning and Zoning Commission reviewed the proposed amendment on July 9, 2009 and recommended approval to City Council because it serves to improve the health, safety and welfare of the citizens of the City of Dublin. NOW, THEREFORE, BE IT ORDAINED by Council of the City of Dublin, State of Ohio, ~ of the elected members concurring that: Section 1. Chapter 153 of the City of Dublin Zoning Code is hereby amended and shall provide as follows: § 153.019 RURAL DISTRICT. (A) Pern2ittecl z~se. The following uses shall be permitted in the Rural District: (1) Agriculture. Agriculture including farming, dairying, pasturage, horticulture, floriculture, viticulture, and animal and poultry husbandry. (a) Farn1 dwelling structures. (b) Farn1 labor quarters for labor working on the premises. (c) Roadside stand offering for sale only farm products produced on the premises. (2) Dwelling structures. One-family dwelling structures. A lot of record on the date of adoption of the zoning ordinance may be subdivided in accordance with the subdivision regulations to provide up to four residential lots, providing the remaining portion of the lot is five acres or more. (3) Home occupation. Home occupation in association with a permitted dwelling and in accordance with the provisions of § 153.073. (4) Accessory uses. Accessory buildings and uses in association with agriculture or permitted dwellings as specified in § 153.074, including: noncommercial guest house provided the lot is five acres or more. (5) Schools and parks. Public or private school offering general educational courses and having no rooms regularly used for housing or sleeping of students. Parks, playgrounds and playfields. (6) Type B child care, as defined by ORC Section 5104 as an accessory use of a dwelling provided it occupies a lot of not less than one acre and there shall be an outdoor play area of 200 square feet or more per child. Such play area shall be arranged in accordance with the provisions of this RECORD OF ORDINANCES 41-09 (Amended) Ordinance Nn. Passed Page 2 of 12 . 20 district for accessory uses and shall be enclosed with a fence permitted by Code. (7) Storage and processing of agricultural products. Grain elevator, mill or other facilities for the storage, sorting or other preliminary processing of agricultural products, except that commercial grain elevator operations shall not be permitted. Storage facilities shall not be within 50 feet of a side or rear lot line, except when along a railroad right-of--way. Processing facilities shall not be within 100 feet of a side or rear lot line, except when along a railroad right-of--way. (B) Conditional use. The following uses shall be allowed in the Rural District subject to approval in accordance with § 153.236. The design, materials, bulk and height of buildings shall be compatible with and sufficiently buffered from surrounding development to mitigate any potential adverse impact(s). (1) Mobile Home. A mobile home or house trailer for a period not to exceed 18 months. (2) Private school or college with students in residence provided it occupies a lot of not less than ten acres or more and there is one acre or more per 25 day students, and one acre or more per 15 resident students. (3) Cemetery. Cemeteries hereafter established, following the adoption of the zoning ordinance, shall occupy a parcel of not less than 40 acres, excepting those parcels added to an existing cemetery, which maybe less than 40 acres. (a) Interment shall not be within 100 feet of any property line. (b) A mausoleum, crematory or other structure shall not be within 300 feet of any property line. (4) Associated sales. Associated sales as accessory to and in association with an agricultural permitted use, such associated sales to cease upon cessation of the agricultural activity. This shall include, but is not limited to garden supplies with a nursery or greenhouse, milk products with a dairy, or imported produce with a permitted produce stand. (5) Boarding and care of animals. Office of veterinarian and animal hospital, kennel or other facilities for care or boarding of animals provided it occupies a lot of not less than five acres and building pen or other enclosure so used shall not be within 200 feet of any property line. (6) Commercial grain elevator operations. Commercial grain elevator operations, provided that Planning and Zoning Commission determines adequate lot area is available for such operation. (7) Religious. Church or other place of worship provided it occupies a lot of not less than five acres. (C) Development standards. In addition to the provisions of § 153.070 through 153.076 the following standards for arrangement and development of land and buildings are required in the Rural District. (1) Lot area and coverage. For agricultural purposes in the determination of accessory and associated uses, the lot area shall be five acres or more. But this shall not exclude agricultural use of any smaller lot. RECORD OF ORDINANCES Dayton Lc,al Blank, lnc. Form Nn~iQ043 41-09 (Amended) Orctnurfzce No. Pcisred Page 3 of 12 _, ~0 (a) For each dwelling unit there shall be a lot area not less than 40,000 square feet per dwelling unit. (b) For each permitted use and conditional use, the lot area shall be adequate to meet the sanitation requirements of the County Board of Health but shall not be less than that prescribed for such use. (c) Only one principal use shall be permitted on a lot, and such lot shall not be covered more than 20% by structure. (2) Lot width. For aone-family dwelling there shall be a lot width of 150 feet or more at the front line of the dwelling, and such lot shall have access to and abut on a public right-of--way for a distance of 60 feet or more. (3) Side yard. For dwellings or associated accessory buildings there shall be a total of side yards of 25 feet or more with a minimum of eight feet on one side. For a conditional use there shall be a side yard of not less than 25 feet, except when a larger side yard is required for such use, by the zoning ordinance. (4) Rear yard. For main buildings, there shall be a rear yard of 20% or more of the lot depth, except that a rear yard of more than 50 feet shall not be required. (5) Maximum height. No dwelling structure shall exceed 35 feet in height. Maximum height for other structures shall not exceed a safe height as determined by the Fire Chief and as reviewed and accepted by the Planning and Zoning Commission. § 153.020 RESTRICTED SUBURBAN RESIDENTIAL DISTRICT. (A) Permitted use. Land and buildings in the Restricted Suburban Residential District shall be used only for the following purposes: (1) Dwelling structures. One-family dwelling structures. (2) Home occupation. Home occupation in association with a permitted dwelling, and in accordance with the provisions of § 153.073. (3) Accessory uses. Accessory buildings and uses in association with permitted dwellings as specified in ~ 153.074, including: Domestic servants' quarters (employed on the premises). (4) Public school and parks. (a) Public school offering general educational courses and having no rooms regularly used for housing or sleeping of students. (b) Parks, playgrounds and playfields. (5) Private school. Private school offering general educational courses similar to those ordinarily given in public schools and having no rooms regularly used for housing or sleeping of students, providing it occupies a lot of not less than five acres. (6) Type B child care, as defined by ORC Section 5104, as an accessory use of a dwelling provided it occupies a lot of not less than one acre and there shall be an outdoor play area of 200 square feet or more per child. Such play area shall be arranged in accordance with the provisions of this RECORD OF ORDINANCES Ordinance No. 41-09 (Amended) ~orniL~Io 3D043 Page 4 of 12 Passed 20 - - -_~ (B) Conditional use. The following uses shall be allowed in the Restricted Suburban Residential District subject to approval in accordance with § 153.236. The design, materials, bulk and height of buildings shall be compatible with and sufficiently buffered from surrounding development to mitigate any potential adverse impact(s). (1) Religious. Church or other place of worship provided it occupies a lot of not less than five acres. (C) Development sta~zdards. In addition to the provisions of ~ 153.070 through 153.076, the following standards for arrangement and development of land and buildings are required in the Restricted Suburban Residential District. (1) Lot area and coverage. For each dwelling unit there shall be a lot area not less than 40,000 square feet per dwelling unit. district for accessory uses and shall be enclosed with a fence permitted by Code. (a) For each permitted use and conditional use the lot area shall be adequate to meet the sanitation requirements of the County Board of Health, but shall not be less than that prescribed for such use. (b) One principal use shall be permitted on a lot, and such lot shall not be covered more than 20% by structure. (2) Lot width. For cone-family dwelling there shall be a lot width of 150 feet or more at the front line of the dwelling, and such lot shall have access to and abut on a public right of way for a distance of 60 feet or more. For a conditional use the lot width shall be adequate to meet the development standards of the Restricted Suburban Residential District. (3) Side yard. For dwellings or associated accessory buildings there shall be a total of side yards of 25 feet or more with a minimum of eight feet on one side. For a conditional use, except dwellings, and accessory structures thereto, there shall be a side yard on each side of a building of 25 feet or more. (4) Rear yard. For main buildings, there shall be a rear yard of 20% or more of the lot depth, except that a rear yard of more than 50 feet shall not be required. (5) Maximum height. 1\TO dwelling structure shall exceed 35 feet in height. Maximum height for other structures shall not exceed a safe height as determined by the Fire Chief and as reviewed and accepted by the Planning and Zoning Commission. § 153.021 LIMITED SUBURBAN RESIDENTIAL DISTRICT. (A) Permitted use. Land and buildings in the Limited Suburban Residential Districts shall be used only for the following purposes: (1) Dwelling stilictures. (a) One-family dwelling structures. (b) Two-family dwelling structures existing as of September 5, 2007. RECORD OF ORDINANCES 41-09 (Amended) Ordinance No. Page 5 of 12 Passed 20 (2) Home occupation. Home occupation in association with a permitted dwelling, and in accordance with the provisions of ~ 153.073. (3) Accessory use. Accessory buildings and uses in association with permitted dwellings as specified in 5 153.074. (4) Public school and parks. Public school offering general educational courses and having no rooms regularly used for housing or sleeping of students. Parks, playgrounds and playfields. (~) Private school. Private school offering general educational courses similar to those ordinarily given in public schools and having no rooms regularly used for housing or sleeping of students, providing it occupies a lot of not less than five acres. (6) Type B child care, as defined by ORC Section 5104, as an accessory use of a dwelling provided it occupies a lot of not less than one acre and there shall be an outdoor play area of 200 square feet or more per child. Such play area shall be arranged in accordance with the provisions of this district for accessory uses and shall be enclosed a fence permitted by Code. (B) Conditional zcse. The following uses shall be allowed in the Limited Suburban Residential District subject to approval in accordance with § 153.236. The design, materials, bulk and height of buildings shall be compatible with and sufficiently buffered from surrounding development to mitigate any potential adverse impact(s). (1) Religious. Church or other place of worship provided it occupies a lot of not less than five acres. (C) Development standards. In addition to the provisions of § 153.070 through 153.076, the following standards for arrangement and development of land and buildings are required in the Limited Suburban Residential District. (1) Lot area and coverage. For each dwelling unit there shall be a lot area not less than 20,000 square feet per dwelling unit. (a) For all other permitted uses and conditional uses, the lot area shall be adequate to meet the sanitation requirements of the County Board of Health, but shall not be less than that prescribed for such use. (b) Only one principal use shall be permitted on a lot, and such lot shall not be covered more than 20% by structure. (2) Lot width. For aone-family dwelling there shall be a lot width of 100 feet or more at the front line of the dwelling, and such lot shall have access to and abut on a public right-of--way for a distance of 60 feet or more. For a conditional use, the lot width shall be adequate to meet the development standards of the Limited Suburban Residential District. (3) Side yard. For dwellings or associated accessory buildings there shall be a total of side yards of 20 feet or more with a minimum of eight feet on one side. For a conditional use, except dwellings, and accessory structures thereto, there shall be a side yard on each side of a building of 25 feet or more. RECORD OF ORDINANCES Dayton Leal Blank. [nc' Form Rio. 3003 =t 1-U) (Amended) Orcliucnrc~t~ :~`o. Passed (4) Rear yard. For main buildings there shall be a rear yard of 20% or more of the lot depth, except that a rear yard of more than 50 feet shall not be required. (5) Maximum height. No dwelling structure shall exceed 35 feet in height. Maximum height for other structures shall not exceed a safe height as determined by the Fire Chief and as reviewed and accepted by the Planning and Zoning Commission. § 153.022 R-3 SUBURBAN RESIDENTIAL DISTRICT. (A) Permitted use. Land and buildings in the R-3 Suburban Residential District shall be used only for the following purposes: (1) Dwelling structures. One-family dwelling structures. (2) Home occupation. Home occupation in association with a permitted dwelling, and in accordance with the provisions of § 153.073. (3) Accessory uses. Accessory buildings and uses in association with permitted dwellings as specified in § 153.074. (4) Public school and parks. Public school offering general educational courses and having no rooms regularly used for housing or sleeping of students. (5) Private school. Private school offering general educational courses similar to those ordinarily given in public schools and having no rooms regularly used for housing or sleeping of students, providing it occupies a lot of not less than five acres. (6) Type B child care, as defined by ORC Section 5104, as an accessory use of a dwelling provided there shall be an outdoor play area of 200 square feet or more per child. Such play area shall be arranged in accordance with the provisions of this district for accessory uses and shall be enclosed with.a fence permitted by Code. (B) Conditional use. The following uses shall be allowed in the R-3 Suburban Residential District subject to approval in accordance with ~ 153.236. The design, materials, bulk and height of buildings shall be compatible with and sufficiently buffered fiom surrounding development to mitigate any potential adverse impact(s). (1) Religious. Church or other place of worship provided it occupies a lot of not less than five acres and there is one acre or more per 100 seats or similar accommodations in the main assembly area. (C) Development standards. In addition to the provisions of § 153.070 through 153.076, the following standards for arrangement and development of land and buildings shall be required in the R-3 Suburban Residential District. (1) Lot area and coverage. For each dwelling unit there shall be a lot area not less than 10,000 square feet. The average net density, exclusive of public rights-of--way, for an area to be platted into single-family lots shall not exceed three dwelling units per acre. Page 6 of 12 20 (a) For all other permitted uses and conditional uses, the lot area shall be adequate to meet the sanitation requirements of the County RECORD OF ORDINANCES Dayron Legal Bl;mk. Inc. Form No. 30043 41-09 (Amended) Page 7 of 12 ,Ordinance No. Passed , 20 Board of Health, but shall not be less than that prescribed for such use. (b) Only one principal use shall be permitted on a lot, and such lot shall not be covered more than 30% by structure. (1) Dwelling structures. One-family dwelling structures. Two-family up to and including eight-family dwelling structures maybe permitted, provided that: (a) An acceptable site development plan and subdivision plat is submitted and is reviewed and approved by the Planning and Zoning Commission. (b) Such plan conforms to the development standards as listed under divisions (D) and (E) below. (c) The average net density, exclusive of public rights-of--way, for an area to be developed and/or platted under the R-4 Suburban Residential District shall not exceed four dwelling units per acre. (2) Lot width. For a dwelling there shall be a lot width of 80 feet or more at the front line of the dwelling, and such lot shall have access to and abut on a public right-of--way for a distance of fifty feet or more. For a conditional use the lot width shall be adequate to meet the development standards of the R-3 Suburban Residential District. (3) Side yard. For dwellings or associated accessory buildings there shall be a total of side yards of 18 feet or more with a minimum of eight feet on one side. (4) Rear yard. For main buildings there shall be a rear yard of 2S% or more of the lot depth, except that a rear yard of more than SO feet shall not be required. (S) Maximum height. No dwelling structure shall exceed 3S feet in height. Maximum height for other structures shall not exceed a safe height as determined by the Fire Chief and as reviewed and accepted by the Planning and Zoning Commission. § 153.023 R-4 SUBURBAN RESIDENTIAL DISTRICT. (A) Permitted use. Land and buildings in the R-4 Suburban Residential District shall be used only for the following purposes: (2) Home Occupation. Home occupation in association with a permitted dwelling and in accordance with the provisions of § 153.073. (3) Accessory uses. Accessory buildings and uses in association with permitted dwellings as specified in § 153.074. (4) Public school and parks. Public school offering general educational courses and having no rooms regularly used for housing or sleeping of students. (S) Private school. Private school offering general educational courses similar to those ordinarily given in public schools and having no rooms regularly used for housing or sleeping of students, providing it occupies a lot of not less than five acres. RECORD OF ORDINANCES Dayton Leeal Blank. Inc. Form Nn. 3(H14i 41-09 (Amended) Page 8 of 12 Ordinance No. Passed . ~0 (6) Type B child care, as defined by ORC Section S 104, as an accessory use of a dwelling provided there shall be an outdoor play area of 200 square feet or more per child. Such play area shall be arranged in accordance with the provisions of this district for accessory uses and shall be enclosed with a fence pern~itted by Code. (B) Conditional use. The following uses shall be allowed in the R-4 Suburban Residential District subject to approval in accordance with § 153.236. The design, materials, bulk and height of buildings shall be compatible with and sufficiently buffered from surrounding development to mitigate any potential adverse impact(s). (1) Religious. Church or other place of worship provided it occupies a lot of not less than five acres and there is one acre or more per 100 seats or similar accommodations in the main assembly area. (C) Development standards. In addition to the provisions of § 153.070 through 153.076, the following standards for arrangement and development of land and buildings shall be required in the R-4 Suburban Residential District: (1) Lot area and coverage. For each dwelling unit there shall be a lot area not less than 10,000 square feet per dwelling unit. (a) For all other permitted uses and conditional uses, the lot area shall be adequate to meet the sanitation requirements of the County Board of Health, but shall not be less than that prescribed for such use. (b) Only one principal use shall be permitted on a lot, and such lot shall not be covered more than 25% by structure. (2) Lot width. For asingle-family dwelling there shall be a lot width of 75 feet, or more at the front line of the dwelling, and such lot shall have access to and abut on a public right-of--way for a distance of 50 feet or more. For a conditional use the lot width shall be adequate to meet the development standards of the R-4 Suburban Residential District. (3) Side yard. For single-family dwellings or associated accessory buildings there shall be a total of side yards of 15 feet or more with a minimum of five feet on one side. For a conditional use, except dwellings and accessory structures thereto, there shall be a side yard on each side of a building of 25 feet or more. (4) Rear yard. For main buildings there shall be a rear yard of 20% or more of the lot depth, except that a rear yard of more than 50 feet shall not be required. (5) Maximum height. No dwelling structure shall exceed 35 feet in height. Maximum height for other structures shall not exceed a safe height as determined by the Fire Chief and as reviewed and accepted by the Planning and Zoning Commission. (D) Development standards for two family dwelling structures. For two-family dwelling structures, the following standards shall apply: (1) Lot area and coverage. For each dwelling unit there shall be a lot area not less than 8,500 square feet. Such lot shall not be covered more than 20% by structure. RECORD OF ORDINANCES Blank. Inc. 41-09 (Amended) Ordinafzce No. Passed Page 9 of 12 20 (2) Lot width. The minimum width for atwo-family lot shall be 100 feet and shall have access to and abut on a public right-of--way for a distance of 60 feet or more. (3) Side yard. For atwo-family structure there shall be a total of side yards of 20 feet and a minimum side yard of eight feet on one side. (4) Rear yard. A minimum rear yard of 30 feet shall be required. (5) Maximum height. No dwelling structure shall exceed 35 feet in height. Maximum height for other structures shall not exceed a safe height as determined by the Fire Chief and as reviewed and accepted by the Planning and Zoning Commission. (E) Development standards for three through eight family dwelling structures. For three up to eight-family dwelling structures, the following standards shall apply: (1) Lot Area. For each dwelling unit there shall be a lot area of 8,500 square feet. (2) Lot width. Minimum lot width shall be 150 feet. (3) Side and rear yards. Structures shall be set back from all side and rear property lines a minimum of 25 feet. (4) Maximum height. No dwelling structure shall exceed 35 feet in height. Maximum height for other structures shall not exceed a safe height as determined by the Fire Chief and as reviewed and accepted by the Planning and Zoning Commission. (5) Traffic and parking concept. A proposed traffic circulation and parking concept shall be shown on the development plan, indicating ingress and egress points, resident and guest parking as well as provision for service vehicles. (6) Open space concept. The proposed open space concept shall be shown on the, development plan, indicating proposed recreational or other amenities such as parks, play areas, pedestrian bikeway paths, etc., and the proposed ownership, operation and maintenance of such areas shall be described. § 153.024 TWO-FAMILY RESIDENTIAL DISTRICT. (A) Permitted zcse. Land and buildings in the Two-Family Residential District shall be used for the following purposes: (1) Dwelling structures. Two-family dwelling structures. (2) Home occupation. Home occupation in association with a permitted dwelling, and in accordance with the provisions of § 153.073. (3) Accessory uses. Accessory buildings and uses in association with permitted dwellings as specified in ~ 153.074. (4) Public school and parks. Public school offering general educational courses and having no rooms regularly used for housing or sleeping of students. (5) Private school. Private school offering general educational courses similar to those ordinarily given in public schools and having no rooms regularly RECORD OF ORDINANCES Dayton Lc_al Blank, lnc. Form No. ,0043 41-09 (Amended) Pare 10 of 12 Ordinance No. Pcrs.rec! , ?0 used for housing or sleeping of students, providing it occupies a lot of not less than five acres. (6) Type B child care, as defined by ORC Section 5104, as an accessory use of a dwelling provided there shall be an outdoor play area of 200 square feet or more per child. Such play area shall be arranged in accordance with the provisions of this district for accessory uses and shall be enclosed with a fence permitted by Code. (B) Conditional use. The following uses shall be allowed in the Two-Family Residential District subject to approval in accordance with § 153.236. The design, materials, bulk and height of buildings shall be compatible with and sufficiently buffered from surrounding development to mitigate any potential adverse impact(s). (1) Religious. Church or other place of worship provided it occupies a lot of not less than five acres and there is one acre or more per 100 seats or similar accommodations in the main assembly area. (C) Development standa~~ds. In addition to the provisions of § 153.070 through153.076, the following standards for arrangement and development of land and buildings shall be required in the Two-Family Residential District. (1) Lot area and coverage. For each dwelling unit there shall be a lot area not less than 4,500 square feet. Only one principal use shall be permitted on a lot, and such lot shall not be covered more than 30% by structure. (2) Lot width. For atwo-family lot there shall be a lot width of 80 feet or more at the front line of the dwelling, and such lot shall have access to and abut on a public right-of--way for a distance of 50 feet or more. For a conditional use the lot width shall be adequate to meet the development standards for the Two-Family District. (3) Side yard. For dwellings or associated accessory buildings there shall be a total of side yards of 15 feet or more with a minimum of five feet on one side. (4) Rear yard. For main buildings, there shall be a rear yard of 25% or more of the lot depth, except that a rear yard of more than 50 feet shall not be required. (5) Maximum height- No dwelling structure shall exceed 35 feet in height. Maximum height for other structures shall not exceed a safe height as determined by the Fire Chief and as reviewed and accepted by the Planning and Zoning Commission. (6) Reduction of development standards. It is encouraged that two-family developments be done in a planned, coordinated fashion with provision for open space and play areas to be included within the site development concept. At the applicant's option, the lot area per dwelling unit maybe reduced to 4,000 square feet per dwelling unit and two-family lot frontage may be reduced to 75 feet provided that a usable centralized open space/play area is provided at the ratio of 250 square feet per dwelling unit. This reduction in lot area and lot frontage and an open space concept shall be subject to Planning and Zoning Commission review and approval. § 153.025 URBAN RESIDENTIAL DISTRICT. RECORD OF ORDINANCES Bi,~~,~;. i~,~. Ordiizance No. 41-09 (Amended) (1) Lot area and coverage. For each multiple-family dwelling unit there shall be a minimum net lot area of 3,600 net square feet; net lot area shall be defined so as to exclude publicly-dedicated street rights-of--way. (a) Minimum lot area for development ofmulti-family uses shall be 10,000 square feet. (b) For each two-family lot there shall be a lot area not less than 4,500 square feet per dwelling unit. Page 11 of 12 Passed . 20 (A) Permitted case. Land and buildings in the Urban Residential District shall be used only for the following purposes: (1) Dwelling structures. Multiple-family structures having three or more dwelling units per structure. (2) Home occupation. Home occupation in association with a permitted dwelling, and in accordance with the provisions of § 153.073. (3) Accessory uses. Accessory buildings and uses in association with pernitted dwellings as specified in ~ 153.074. (4) Public school and parks. Public school offering general educational courses and having no rooms regularly used for housing or sleeping of students. Parks, playgrounds and playfields. (5) Private school. Private school offering general educational courses similar to those ordinarily given in public schools and having no rooms regularly used for housing or sleeping of students, providing it occupies a lot of not less than five acres. (6) Type B child care, as defined by ORC Section 5104, as an accessory use of a dwelling provided there shall be an outdoor play area of 200 square feet or more per child. Such play area shall be arranged in accordance with the provisions of this district for accessory uses and shall be enclosed with a fence permitted by Code. (B) Conditional use. The following uses shall be allowed in the Urban Residential District subject to approval in accordance with § 153.236. The design, materials, bulk and height of buildings shall be compatible with and sufficiently buffered from surrounding development to mitigate any potential adverse impact(s). (1) Two-family structures. (2) Religious. Church or other place of worship provided it occupies a lot of not less than five acres and there is one acre or more per 100 seats or similar accommodations in the main assembly area. (3) Those uses incidental and accessory to multiple-family dwellings to include recreational facilities, swimming pools and rental offices to be part of amultiple-family development. (C) Development standaa°ds. In addition to the provisions of § 153.070 through 153.076, the following standards for arrangement and development of land and buildings shall be required in the Urban Residential District: (2) Lot width. One hundred twenty-five feet on a publicly dedicated right-of- way at the front building line. RECORD OF ORDINANCES Dayton Lctal Blank, Inc. ~otmNo_:004: 41-09 (Amended} Page 12 of 12 Ordinance No. Parsed 20 j (a) Two-family lots shall have a minimum lot width of 80 feet. (b) For a conditional use the lot width shall be adequate to meet the development standards of the Urban Residential District. (3) Side yard and rear yard. Multiple-family structures shall be set back from all side and rear property lines a minimum of 25 feet. (a) For two-family lots a minimum side yard of five feet shall be maintained. (b) Minimum sum of side yard shall equal 15 feet and minimum rear yard for two-family lots shall be 25% of the lot depth, except that a rear yard of more than 50 feet shall not be required. (4) Maximum height. No dwelling structure shall exceed 35 feet in height. Maximum height for other structures shall not exceed a safe height as determined by the Fire Chief and as reviewed and accepted by the Planning and Zoning Commission. Section 2. This Ordinance shall take effect on the earliest date provided by law. Passed this ~ day of , 2009. ii I r I Mayor -Presiding Officer ATTEST: ~t~ Clerk of Council Office of fhe City Manager 5200 Emerald Parkway • Dublin, OH 43017-1090 Phone: 614-410-4400 • Fax: 614-410-4490 Memo To: Members of Dublin City Council From: Terry Foegler, City Managers/~ Date: September 3, 2009 ~ Initiated By: Steve Langworthy, Director of Land Use and Long Range Planning Re: Ordinance 41-09 (Amended) -Amending Section 153.019 through 153.025 (Residential Districts) of the Dublin Codified Ordinances (Zoning Code) re. Conditional and Pemitted Uses (Case 09-042ADM). tipdate This request was presented to City Council for a second reading on August 17, 2009. At that time, Council requested that the Code amendment be reformatted to provide more consistent language throughout all residential zoning districts. Planning has reformatted the Code language to address Council's comments. Summary This is a request for review and recommendation for amendments to the permitted and conditional use provisions for residential districts of the Dublin Zoning Code to provide two modifications: • to change religious uses from a permitted use to a conditional use in residential districts and include certain development requirements for review by the Planning and Zoning Commission for all conditional uses within these districts; and • to allow' type B childcare as a permitted use when accessory to the use of a dwelling, which is currently only permitted through a conditional use process. First Reading -City Council Comments This ordinance was introduced at the August 3, 2009 City Council meeting. City Council discussed whether it was appropriate for the Code modification to require more stringent standards for religious uses than for other conditional uses currently included in the residential zo~ung districts. Council's direction addressed "institutional" uses, which in the Zoning Code is an umbrella term for a wide range of uses, including public and private schools. To include the broader range of uses has a significantly greater effect on the various school systems in the City. After discussion with the City Manager and Law Director, it is recommended that the scope of this particular amendment be limited to religious uses, and that the broader scope of other institutional related uses be addressed in the Code update. To address the issue of treating all conditional uses in a similar manner, the proposed Code language was modified to apply the review standard proposed for churches to all conditional uses listed in the residential districts. The R, Rural District and the R-12, Urban Residential District, the only two districts that have conditional uses other than religious uses, will be affected by this change. Description Religioa~s Uses The proposed language covers all existing residential districts where religious uses are currently Permitted Uses, including the R, Rural District; R-1, Restricted Suburban Residential District; R-2, Memo re. Ordinance 41-09(Amended) -Code Amendment re. Institutional Uses September 3, 2009 Page 2 of 2 Limited Suburban Residential District; R-3, Suburban Residential District; R-4, Suburban Residential; R-10, Two-Family Residential District; and the R-12, Urban Residential District. The amendment moves these uses to the conditional use section of each district In addition, a specific provision was added to all conditional uses that would allow the Planning and Zoning Commission to consider the design, materials, bulk, and height of the buildings to determine whether they are compatible with surrounding development. This language is very similar to a review standard used in Planned Districts [Section 153.052 (B)(3)(b)(2)]. Child Care This amendment corrects a provision in the Code regarding "family" day care zoning to conform to the Ohio Revised Code for these uses. In particular, the ORC provision does not permit conditional use procedures for family day care homes. Family day care includes residences providing these services for not more than six children. Therefore, at the advice of the Law Director, this Code amendment is offered to ensure that the City of Dublin Zoning Code conforms to requirements of the Ohio Revised Code. History This case originated at City Council in conjunction with discussion of the rezoning application for the Indian Run Methodist Church. At first reading of this rezoning request on May 14, 2009, Planning noted that the Planning and Zoning Commission had concerns regarding the inability to review site and architectural features of proposed churches, especially in residential areas. Council shared these concems, and the City Manager suggested creating an approval process for churches, such as a conditional use, in standard zoning districts where these uses are currently permitted by right. In fact, this is a common zoning practice. Planning has also discussed with The Law Director the need to coiYect a provision in the Code regarding "family" day care zoning to conform to the Ohio Revised Code. It is important to note that this Code modification only pertains to day care services, defined above as "type B family day care" facilities as opposed to commercial day care centers. Recommendation of the Planning and Zoning Commissio^ The Planning and Zoning Commission reviewed the request on July 9, 2009 and recommended approval to Council with one modification. The current language of the Dublin Zoning Code requires that outdoor areas associated with family day care uses be "enclosed with a chain link fence or its equivalent in strength and protective character to a height of four feet, but not more than six feet." The Planning and Zoning Commission recommended that this language be modified to state that the fence meet the current requirements of the Code, which would limit the height to four feet and would preclude chain link fences. The cun-ent language submitted to City Council reflects this modification. Recommendation Subsequent to the first and second readings, the proposed language has been modified to allow the Planning and Zoning Commission to consider the design, materials, bulk, and height of the buildings to determine whether they are compatible with surrounding development for all conditional uses in residential districts. Planning recommends City Council approval of amended Ordinance 41-09 at the second reading/public hearing on September 8, 2009. Ordinance 41-09 Red -Proposed New/ Council l~lodified Language Blue -Relocated Language Strikethrough -Deleted Language § 153.019 RUR4L DISTRICT. (A) Pert~nitted use. The following uses shall be permitted in the Rural District: (1) Agriculture. Agriculture including farming, dairying, pasturage, horticulture, floriculture, viticulture, and animal and poultry husbandry. (a) Farm dwelling structures. (b) Farm labor quarters for labor working on the premises. (c) Roadside stand offering for sale only farm products produced on the premises. (2) Dwelling structures. One-family dwelling structures. A lot of record on the date of adoption of the zoning ordinance may be subdivided in accordance with the subdivision regulations to provide up to four residential lots, providing the remaining portion of the lot is five acres or more. (3) Home occupation. Home occupation in association with a permitted dwelling and in accordance with the provisions of ~ 153.473. (4) Accessory uses. Accessory buildings and uses in association with agriculture or permitted dwellings as specified in ~ 153.474, including: noncommercial guest house provided the lot is five acres or more. (5) Schools and parks. Public or private school offering general educational courses and having no rooms regularly used for housing or sleeping of students. Parks, playgrounds and playfields. (6) Type B child care, as defined by ORC Section 5104 as an accessory use of a dwelling provided it occupies a lot of not less than one acre and there shall be an outdoor play area of 200 square feet or more per child. Such play area shall be arranged in accordance with the provisions of this district for accessory uses and shall be enclosed with a fence permitted by Code. (7) Storage and processing of agricultural products. Grain elevator, mill or other facilities for the storage, sorting or other preliminary processing of agricultural Ordinance 41-49 Red -Proposed New/ Council Modified Language Blue -Relocated Language Strikethrough -Deleted Language products, except that commercial grain elevator operations shall not be permitted. Storage facilities shall not be within 50 feet of a side or rear lot line, except when along a railroad right-of--way. Processing facilities shall not be within 100 feet of aside or rear lot line, except when along a railroad right-of--way. (B) Conditional use. The following uses shall be allowed in the Rural District subject to approval in accordance with ~ 153.236. The design, materials, bulk and height of buildings shall be compatible with and sufficiently buffered from surrounding development to mitigate any potential adverse impact(s). (1) Mobile Home. A mobile home or house trailer for a period not to exceed 18 months. (2) Private school ~wa ,.,~:'a °°--°. or college with students in residence provided it occupies a lot of not less than ten acres or more and there is one acre or more per 25 day students, and one acre or more per 15 resident students. (3) Cemetery. Cemeteries hereafter established, following the adoption of the zoning ordinance, shall occupy a parcel of not less than 40 acres, excepting those parcels added to an existing cemetery, which may be less than 40 acres. (a) Interment shall not be within 100 feet of any property line. (b) A mausoleum, crematory or other structure shall not be within 300 feet of any property line. (4) Associated sales. Associated sales as accessory to and in association with an agricultural permitted use, such associated sales to cease upon cessation of the agricultural activity. This shall include, but is not limited to garden supplies with a nursery or greenhouse, milk products with a dairy, or imported produce with a permitted produce stand. Ordinance 41-49 Red -Proposed New/ Council l~lodified Language Blue -Relocated Language Strikethrough -Deleted Language (5) Boarding and care of animals. Office of veterinarian and animal hospital, kennel or other facilities for care or boarding of animals provided it occupies a lot of not less than five acres and building pen or other enclosure so used shall not be within 200 feet of any property line. (6) Commercial grain elevator operations. Commercial grain elevator operations, provided that Planning and Zoning Commission determines adequate lot area is available for such operation. (7) Religious. Church or other place of worship provided it occupies a lot of not less than five acres. (C) Developrr~ent standards. In addition to the provisions of § 153.070 through 153.076, the following standards for arrangement and development of land and buildings are required in the Rural District. (1) Lot area and coverage. For agricultural purposes in the determination of accessory and associated uses, the lot area shall be five acres or more. But this shall not exclude agricultural use of any smaller lot. (a) For each dwelling unit there shall be a lot area not less than 40,000 square feet per dwelling unit. (b) For each permitted use and conditional use, the lot area shall be adequate to meet the sanitation requirements of the County Board of Health but shall not be less than that prescribed for such use. (c) Only one principal use shall be permitted on a lot, and such lot shall not be covered more than 20% by structure. (2) Lot width. For aone-family dwelling there shall be a lot width of 150 feet or more at the front line of the dwelling, and such lot shall have access to and abut on a public right-of--way for a distance of 60 feet or more. (3) Side yard. For dwellings or associated accessory buildings there shall be a total of side yards of 25 feet or more with a minimum of eight feet on one side. For a conditional use there shall be a side yard of not less than 25 feet, except when a larger side yard is required for such use, by the zoning ordinance. (4) Rear yard. For main buildings, there shall be a rear yard of 20% or more of the lot depth, except that a rear yard of more than 50 feet shall not be required. Ordinance 41-09 Red -Proposed New/ Council l~lodified Language Blue -Relocated Language Strikethrough -Deleted Language (5) 1Vlaximum height. No dwelling structure shall exceed 35 feet in height. Maximum height for other structures shall not exceed a safe height as determined by the Fire Chief and as reviewed and accepted by the Planning and Zoning Commission. ('80 Code, ~~ 1145.01 - 1145.03) (Ord. 21-70, passed 7-13-70; Am. Ord. 54-77, passed 14-3-77; Am. Ord. 147-97, passed 12-15-97; Am. Ord. 57-07, passed 9-4-07) Penalty, see ~ 153.999 ~ 153.020 RESTRICTED SUBURBAN RESIDENTIAL DISTRICT. (A) Permitted use. Land and buildings in the Restricted Suburban Residential District shall be used only for the following purposes: (1) Dwelling structures. One-family dwelling structures. (2) Home occupation. Home occupation in association with a permitted dwelling, and in accordance with the provisions of ~4-§ 153.073. (3) Accessory uses. Accessory buildings and uses in association with permitted dwellings as specified in ~ 153.074, including: Domestic servants' quarters (employed on the premises). (4) Public school and parks. (a) Public school offering general educational courses and having no rooms regularly used for housing or sleeping of students. (b) Parks, playgrounds and playfields. (5) Private school. Private school offering general educational courses similar to those ordinarily given in public schools and having no rooms regularly used for housing or sleeping of students, providing it occupies a lot of not less than five acres. (6) Type B child care, as defined by ORC Section 5104, as an accessory use of a dwelling pro~zded it occupies a lot of not less than one acre and there shall be an outdoor play area of 200 square feet or more per child. Such play area shall be arranged in accordance with the provisions of this district for accessory uses and shall be enclosed with a fence permitted by Code. (B) Conditional use. The following uses shall be allowed in the Restricted Suburban Residential District subject to approval in accordance with § 153.236. The design, Ordinance 41-49 Red -Proposed New/ Council Modified Language Blue -Relocated Language Strikethrough -Deleted Language materials, bulk and height of building shall be compatible with and sufficientl~~ buffered from surrounding development to mitigate an~~ potential adverse impact(s). {1) Religious. Church or other place of worship provided it occupies a lot of not less than five acres. ($C) Development standards. In addition to the provisions of § 153.070 through 153.076, the following standards for arrangement and development of land and buildings are required in the Restricted Suburban Residential District. (1) Lot area and coverage. For each dwelling unit there shall be a lot area not less than 40,000 square feet per dwelling unit. (a) For each permitted use and conditional use the lot area shall be adequate to meet the sanitation requirements of the County Board of Health, but shall not be less than that prescribed for such use. (b) One principal use shall be permitted on a lot, and such lot shall not be covered more than 20% by structure. (2) Lot width. For aone-family dwelling there shall be a lot width of 150 feet or more at the front line of the dwelling, and such lot shall have access to and abut on a public right of way for a distance of 60 feet or more. For a conditional use the lot width shall be adequate to meet the development standards of the Restricted Suburban Residential District. (3) Side yard. For dwellings or associated accessory buildings there shall be a total of side yards of 25 feet or more with a minimum of eight feet on one side. For a conditional use, except dwellings, and accessory structures thereto, there shall be aside yard on each side of a building of 25 feet or more. (4) Rear yard. For main buildings, there shall be a rear yard of 20% or more of the lot depth, except that a rear yard of more than 50 feet shall not be required. (5) Maximum height. No dwelling structure shall exceed 35 feet in height. Maximum height for other structures shall not exceed a safe height as determined by the Fire Chief and as reviewed and accepted by the Planning and Zoning Commission. ('80 Code, ~~ 1147.01, 1147.02) (Ord. 21-70, passed 7-13-70) Penalty, see § 153.999 § 153.421 LIMITED SUBURBAN RESIDENTIAL DISTRICT. (A) Permitted use. Land and buildings in the Limited Suburban Residential Districts shall be used only for the following purposes: Ordinance 41-09 Red -Proposed New/ Council l~lodified Language Blue -Relocated Language Strikethrough -Deleted Language (1) Dwelling structures. (a) One-family dwelling structures. (b) Two-family dwelling structures existing as of September 5, 2007. (2) Home occupation. Home occupation in association with a permitted dwelling, and in accordance with the provisions of ~ 153.073. (3) Accessory use. Accessory buildings and uses in association with permitted dwellings as specified in § 153.074. (4) Public school and parks. Public school offering general educational courses and having no rooms regularly used for housing or sleeping of students. Parks, playgrounds and playfields. (5) Private school. Private school offering general educational courses similar to those ordinarily given in public schools and having no rooms regularly used for housing or sleeping of students, providing it occupies a lot of not less than five acres. (6) Type B child care, as defined by ORC Section 5104, as an accessory use of a dwelling provided it occupies a lot of not less than one acre and there shall be an outdoor play area of 200 square feet or more per child. Such play area shall be arranged in accordance with the provisions of this district for accessory uses and shall be enclosed _ a fence permitted by Code. (B) Conditional use. The following uses shall be allowed in the Limited Suburban Residential District subject to approval in accordance with ~ 153.236. The design, materials, bulk and height of buildings shall be compatible with and sufficiently buffered from surrounding development to mitigate any potential adverse impact(s). (1) Religious. Church or other place of worship provided it occupies a lot of not less than five acres. Ordinance 41-49 Red -Proposed New/ Council Modified Language Blue -Relocated Language Strikethrough -Deleted Language (C) Development standards. In addition to the provisions of §§ 153.070 through 153.076, the following standards for arrangement and development of land and buildings are required in the Limited Suburban Residential District. (1) Lot area and coverage. For each dwelling unit there shall be a lot area not less than 20,000 square feet per dwelling unit. (a) For all other permitted uses and conditional uses, the lot area shall be adequate to meet the sanitation requirements of the County Board of Health, but shall not be less than that prescribed for such use. (b) Only one principal use shall be permitted on a lot, and such lot shall not be covered more than 20% by structure. (2) Lot width. For aone-family dwelling there shall be a lot width of 100 feet or more at the front line of the dwelling, and such lot shall have access to and abut on a public right-of--way for a distance of 60 feet or more. For a conditional use, the lot width shall be adequate to meet the development standards of the Limited Suburban Residential District. (3) Side yard. For dwellings or associated accessory buildings there shall be a total of side yards of 20 feet or more with a minimum of eight feet on one side. For a conditional use, except dwellings, and accessory structures thereto, there shall be aside yard on each side of a building of 25 feet or more. (4) Rear yard. For main buildings there shall be a rear yard of 20% or more of the lot depth, except that a rear yard of more than 50 feet shall not be required. (5) Maximum height. No dwelling structure shall exceed 35 feet in height. Maximum height for other structures shall not exceed a safe height as determined by the Fire Chief and as reviewed and accepted by the Planning and Zoning Commission. ('80 Code, ~~ 1149.01 - 1149.03) (Ord. 21-70, passed 7-13-70; Am. Ord. 147-97, passed 12-15- 97; Am. Ord. 50-07, passed 8-6-07; Am. Ord. 57-07, passed 9-4-07) Penalty, see § 153.999 ~ 153.022 R-3 SUBURBAN RESIDENTIAL DISTRICT. (A) Permitted use. Land and buildings in the R-3 Suburban Residential District shall be used only for the following purposes: (1) Dwelling structures. One-family dwelling structures. Ordinance 41-09 Red -Proposed New/ Council l~lodified Language Blue -Relocated Language Strikethrough -Deleted Language (2) Home occupation. Home occupation in association with a permitted dwelling, and in accordance with the provisions of ~ 153.473. (3) Accessory uses. Accessory buildings and uses in association with permitted dwellings as specified in § 153.074. (4) Public school and parks. Public school offering general educational courses and having no rooms regularly used for housing or sleeping of students. (5) Private school. Private school offering general educational courses similar to those ordinarily given in public schools and having no rooms regularly used for housing or sleeping of students, providing it occupies a lot of not less than five acres. (6) Type B child care, as defined by ORC Section 5104, as an accessory use of a dwelling provided there shall be an outdoor play area of 200 square feet or more per child. Such play area shall be arranged in accordance with the provisions of this district for accessory uses and shall be enclosed with. b _ a fence permitted by Code. (B) Conditional use. The following uses shall be allowed in the R-3 Suburban Residential District subject to approval in accordance with ~ 153.236. The design, materials, bulk and height of buildings shall be compatible with and sufficiently buffered from surrounding development to mitigate any potential adverse impact(s). (1) Religious. Church or other place of worship provided it occupies a lot of not less than five acres and there is one acre or more per 100 seats or similar accommodations in the main assembly area. (C) Development standards. In addition to the provisions of ~ 153.07Q through 153.076, the following standards for arrangement and development of land and buildings shall be required in the R-3 Suburban Residential District. Ordinance 41-09 Red -Proposed New/ Council Modified Language Blue -Relocated Language Strikethrough -Deleted Language (1) Lot area and coverage. For each dwelling unit there shall be a lot area not less than 10,000 square feet. The average net density, exclusive of public rights-of- way, for an area to be platted into single-family lots shall not exceed three dwelling units per acre. (a) For all other permitted uses and conditional uses, the lot area shall be adequate to meet the sanitation requirements of the County Board of Health, but shall not be less than that prescribed for such use. (b) Only one principal use shall be permitted on a lot, and such lot shall not be covered more than 30% by structure. (2) Lot width. For a dwelling there shall be a lot width of 80 feet or more at the front line of the dwelling, and such lot shall have access to and abut on a public right- of-way for a distance of fifty feet or more. For a conditional use the lot width shall be adequate to meet the development standards of the R-3 Suburban Residential District. (3) Side yard. For dwellings or associated accessory buildings there shall be a total of side yards of 18 feet or more with a minimum of eight feet on one side. (4) Rear yard. For main buildings there shall be a rear yard of 25% or more of the lot depth, except that a rear yard of more than 50 feet shall not be required. (5) Maximum height. No dwelling structure shall exceed 35 feet in height. Maximum height for other structures shall not exceed a safe height as determined by the Fire Chief and as reviewed and accepted by the Planning and Zoning Commission. ('80 Code, §§ 1151.01 - 1151.03) (Ord. 21-70, passed 7-13-70; Am. Ord. 54-77, passed 10-3-77; Am. Ord. 147-97, passed 12-15-97; Am. Ord. 57-07, passed 9-4-07) Penalty, see § 153.999. § 153.023 R-4 SUBURBAN RESIDENTIAL DISTRICT. (A) Pert~nitted use. Land and buildings in the R-4 Suburban Residential District shall be used only for the following purposes: (1) Dwelling structures. One-family dwelling structures. Two-family up to and including eight-family dwelling structures may be permitted, provided that: (a) An acceptable site development plan and subdivision plat is submitted and is reviewed and approved by the Planning and Zoning Commission. (b) Such plan conforms to the development standards as listed under dij~isions (D) and (E) below. Ordinance 41-09 Red -Proposed New/ Council l~lodified Language Blue -Relocated Language Strikethrough -Deleted Language (c) The average net density, exclusive of public rights-of--way, for an area to be developed and/or platted under the R-4 Suburban Residential District shall not exceed four dwelling units per acre. (2) Home Occupation. Home occupation in association with a permitted dwelling and in accordance with the provisions of ~ 153.073. (3) Accessory uses. Accessory buildings and uses in association with permitted dwellings as specified in § 153.074. (4) Public school and parks. Public school offering general educational courses and having no rooms regularly used for housing or sleeping of students. (5) Private school. Private school offering general educational courses similar to those ordinarily given in public schools and having no rooms regularly used for housing or sleeping of students, providing it occupies a lot of not less than five acres. (6) Type B child care, as defined by ORC Section 5104, as an accessory use of a dwelling provided there shall be an outdoor play area of 200 square feet or more per child. Such play area shall be arranged in accordance with the provisions of this district for accessory uses and shall be enclosed with b a fence permitted by Code. (B) Conditional use. The following uses shall be allowed in the R-4 Suburban Residential District subject to approval in accordance with ~ 153.236. The design, materials, bulk and height of buildings shall be compatible with and sufficiently buffered from surrounding development to mitigate any potential adverse impact(s). (1) Religious. Church or other place of worship provided it occupies a lot of not less than five acres and there is one acre or more per 100 seats or similar accommodations in the main assembly area. ,. Ordinance 41-49 Red -Proposed New/ Council Modified Language Blue -Relocated Language Strikethrough -Deleted Language (C) Development standards. In addition to the provisions of § 153.070 through 153.076, the following standards for arrangement and development of land and buildings shall be required in the R-4 Suburban Residential District: (1) Lot area and coverage. For each dwelling unit there shall be a lot area not less than 10,000 square feet per d~~~elling unit. (a) For all other permitted uses and conditional uses, the lot area shall be adequate to meet the sanitation requirements of the County Board of Health, but shall not be less than that prescribed for such use. (b) Only one principal use shall be permitted on a lot, and such lot shall not be covered more than 25% by structure. (2) Lot width. For asingle-family dwelling there shall be a lot width of 75 feet, or more at the front line of the dwelling, and such lot shall have access to and abut on a public right-of--way for a distance of 50 feet or more. For a conditional use the lot width shall be adequate to meet the development standards of the R-4 Suburban Residential District. (3) Side yard. For single-family dwellings or associated accessory buildings there shall be a total of side yards of 15 feet or more with a minimum of five feet on one side. For a conditional use, except dwellings and accessory structures thereto, there shall be a side yard on each side of a building of 25 feet or more. (4) Rear yard. For main buildings there shall be a rear yard of 20% or more of the lot depth, except that a rear yard of more than 50 feet shall not be required. (5) Maximum height. No dwelling structure shall exceed 35 feet in height. Maximum height for other structures shall not exceed a safe height as determined by the Fire Chief and as reviewed and accepted by the Planning and Zoning Commission. (D) Development standards for two family dwelling st~uctu~es. For two-family dwelling structures, the following standards shall apply: (1) Lot area and coverage. For each dwelling unit there shall be a lot area not less than 8,500 square feet. Such lot shall not be covered more than 20% by structure. (2) Lot width. The minimum width for atwo-family lot shall be 100 feet and shall have access to and abut on a public right-of--way for a distance of 60 feet or more. (3) Side yard. For atwo-family structure there shall be a total of side yards of 20 feet and a minimum side yard of eight feet on one side. Ordinance 41-09 Red -Proposed New/ Council Modified Language Blue -Relocated Language Strikethrough -Deleted Language (4) Rear yard. A minimum rear yard of 30 feet shall be required. (5) Maximum height. No dwelling structure shall exceed 35 feet in height. Maximum height for other structures shall not exceed a safe height as determined by the Fire Chief and as reviewed and accepted by the Planning and Zoning Commission. (E) Development standards for three through eight family dwelling structures. For three up to eight-family dwelling structures, the following standards shall apply: (1) Lot Area. For each dwelling unit there shall be a lot area of 8,500 square feet. (2) Lot width. Minimum lot width shall be 150 feet. (3) Side and rear yards. Structures shall be set back from all side and rear property lines a minimum of 25 feet. (4) Maximum height. No dwelling structure shall exceed 35 feet in height. Maximum height for other structures shall not exceed a safe height as determined by the Fire Chief and as reviewed and accepted by the Planning and Zoning Commission. (5) Traffic and parking concept. A proposed traffic circulation and parking concept shall be shown on the development plan, indicating ingress and egress points, resident and guest parking as well as provision for service vehicles. (6) Open space concept. The proposed open space concept shall be shown on the, development plan, indicating proposed recreational or other amenities such as parks, play areas, pedestrian/bikeway paths, etc., and the proposed ownership, operation and maintenance of such areas shall be described. ('80 Code, ~~ 1153.01 - 1153.05) (Ord. 21-70, passed 7-13-70; Am. Ord. 54-77, passed 10-3-77; Am. Ord. 147-97, passed 12-15-97; Am. Ord. 57-07, passed 9-4-07) Penalty, see § 153.999 § 153.024 TVt~O-FAMILY RESIDENTIAL DISTRICT. (A) Permitted use. Land and buildings in the Two-Family Residential District shall be used for the following purposes: (1) Dwelling structures. Two-family dwelling structures. (2) Home occupation. Home occupation in association with a permitted dwelling, and in accordance with the provisions of § 153.073. (3) Accessory uses. Accessory buildings and uses in association with permitted dwellings as specified in § 153.074. Ordinance 41-09 Red -Proposed New/ Council l~lodified Language Blue -Relocated Language Strikethrough -Deleted Language (4) Public school and parks. Public school offering general educational courses and having no rooms regularly used for housing or sleeping of students. (5) Private school. Private school offering general educational courses similar to those ordinarily given in public schools and having no rooms regularly used for housing or sleeping of students, providing it occupies a lot of not less than five acres. (6) Type B child care, as defined by ORC Section 5104, as an accessory use of a dwelling provided there shall be an outdoor play area of 200 square feet or more per child. Such play area shall be arranged in accordance with the provisions of this district for accessory uses and shall be enclosed with _ a fence permitted by Code. (B) Conclitioncrl use. The following uses shall be allowed in the Two-Family Residential District subject to approval in accordance with § 153.236. The design, materials, bulk and height of buildings shall be compatible with and sufficiently buffered from surrounding development to mitigate any potential adverse impact(s). (1) Religious. Church or other place of worship provided it occupies a lot of not less than five acres and there is one acre or more per 100 seats or similar accommodations in the main assembly area. (C) Developrr~ent stanclcrrcls. In addition to the provisions of § 153.070 through 153.076, the following standards for arrangement and development of land and buildings shall be required in the Two-Family Residential District. (1) Lot area and coverage. For each dwelling unit there shall be a lot area not less than 4,500 square feet. Only one principal use shall be permitted on a lot, and such lot shall not be covered more than 30% by structure. Ordinance 41-09 Red -Proposed New/ Council l~lodified Language Blue -Relocated Language Strikethrough -Deleted Language (2) Lot width. For atwo-family lot there shall be a lot width of 80 feet or more at the front line of the dwelling, and such lot shall have access to and abut on a public right-of--way for a distance of 50 feet or more. For a conditional use the lot width shall be adequate to meet the development standards for the Two-Family District. (3) Side yard. For dwellings or associated accessory buildings there shall be a total of side yards of 15 feet or more with a minimum of five feet on one side. (4) Rear yard. For main buildings, there shall be a rear yard of 25% or more of the lot depth, except that a rear yard of more than 50 feet shall not be required. (5) Maximum height. No dwelling structure shall exceed 35 feet in height. Maximum height for other structures shall not exceed a safe height as determined by the Fire Chief and as reviewed and accepted by the Planning and Zoning Commission. (6) Reduction of development standards. It is encouraged that two-family developments be done in a planned, coordinated fashion with provision for open space and play areas to be included within the site development concept. At the applicant's option, the lot area per dwelling unit may be reduced to 4,000 square feet per dwelling unit and two-family lot frontage may be reduced to 75 feet provided that a usable centralized open space/play area is provided at the ratio of 250 square feet per dwelling unit. This reduction in lot area and lot frontage and an open space concept shall be subject to Planning and Zoning Commission review and approval. ('80 Code, §§ 1155.01 - 1155.03) (Ord. 21-70, passed 7-13-70; Am. Ord. 54-77, passed 10-3-77; Am. Ord. 147-97, passed 12-15-97; Am. Ord. 57-07, passed 9-4-07) § 153.025 URBAN RESIDENTIAL DISTRICT. (A) Pert~nitted use. Land and buildings in the Urban Residential District shall be used only for the following purposes: (1) Dwelling structures. Multiple-family structures having three or more dwelling units per structure. (2) Home occupation. Home occupation in association with a permitted dwelling, and in accordance with the provisions of ~ 153.073. (3) Accessory uses. Accessory buildings and uses in association with permitted dwellings as specified in § 153.074. Ordinance 41-09 Red -Proposed New/ Council l~lodified Language Blue -Relocated Language Strikethrough -Deleted Language (4) Public school and parks. Public school offering general educational courses and having no rooms regularly used for housing or sleeping of students. Parks, playgrounds and playfields. (5) Private school. Private school offering general educational courses similar to those ordinarily given in public schools and having no rooms regularly used for housing or sleeping of students, providing it occupies a lot of not less than five acres. (6) Type B child care, as defined by ORC Section 5104, rr;„~'°r^^~*°„ ^r ^'~~'~' ^^r° as an accessory use of a dwelling provided there shall be an outdoor play area of 200 square feet or more per child. Such play area shall be arranged in accordance with the provisions of this district for accessory uses and shall be enclosed with a fence permitted by Code. (B) Conclitioncrl use. The following uses shall be allowed in the Urban Residential District subject to approval in accordance with § 153.236. The design, materials, bulk and height of buildings shall be compatible with and sufficiently buffered from surrounding development to mitigate any potential adverse impact(s). (1) Two-family structures. (2) Religious. Church or other place of worship provided it occupies a lot of not less than five acres and there is one acre or more per 100 seats or similar accommodations in the main assembly area. (~) (3) Those uses incidental and accessory to multiple-family dwellings to include recreational facilities, swimming pools and rental offices to be part of a multiple- family development. Ordinance 41-49 Red -Proposed New/ Council Modified Language Blue -Relocated Language Strikethrough -Deleted Language (C) Development standards. In addition to the provisions of § 153.070 through 153.076, the following standards for arrangement and development of land and buildings shall be required in the Urban Residential District: (1) Lot area and coverage. For each multiple-family dwelling unit there shall be a minimum net lot area of 3,600 net square feet; net lot area shall be defined so as to exclude publicly-dedicated street rights-of--way. (a) Minimum lot area for development of multi-family uses shall be 10,000 square feet. (b) For each two-family lot there shall be a lot area not less than 4,500 square feet per dwelling unit. (2) Lot width. One hundred twenty-five feet on a publicly dedicated right-of--way at the front building line. (a) Two-family lots shall have a minimum lot width of 80 feet. (b) For a conditional use the lot width shall be adequate to meet the development standards of the Urban Residential District. (3) Side yard and rear yard. Multiple-family structures shall be set back from all side and rear property lines a minimum of 25 feet. (a) For two-family lots a minimum side yard of five feet shall be maintained. (b) Minimum sum of side yard shall equal 15 feet and minimum rear yard for two-family lots shall be 25% of the lot depth, except that a rear yard of more than 50 feet shall not be required. (4) Maximum height. No dwelling structure shall exceed 35 feet in height. Maximum height for other structures shall not exceed a safe height as determined by the Fire Chief and as reviewed and accepted by the Planning and Zoning Commission. ('80 Code, ~~ 1157.01 - 1157.03) (Ord. 54-77, passed 10-3-77; Am. Ord. 147-97, passed 12-15- 97; Am. Ord. 57-07, passed 9-4-07)