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18-07 OrdinanceRECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. 18 -07 I D 1 Passed AN ORDINANCE AMENDING SECTIONS 150.003, 153.074, AND 153.008(D) OF THE DUBLIN CODIFIED ORDINANCES (BUILDING AND ZONING CODES) REGARDING RESIDENTIAL SWIMMING POOLS (CASE NO. 07- 01OADM) 20 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 150.003, 153.074, 153.008(D) of the Dublin Codified Ordinances contain the applicable development standards for the creation and use of swimming pools in residential zoning districts; and WHEREAS, the City's Residential Building Code contains land -use oriented regulations for swimming pools that would be more appropriately located within the Zoning Code; and WHEREAS, the design and layout of swimming pools has an impact on the overall quality of the City's residential neighborhoods and the safety of its residents; and WHEREAS, the City desires to do this in order to ensure that all swimming pools are constructed or modified in a consistent manner; and WHEREAS, the Planning and Zoning Commission reviewed the Ordinance on February 15, 2007 and recommends the adoption of the Ordinance because it serves to improve the health, safety and welfare of the citizens of the City of Dublin; NOW, THEREF BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, � of the elected members concurring that: Section 1 . Section 150.003 is hereby removed from the City's Building Code. Section 2 . Section 153.074 is hereby amended and shall provide as follows: ACCESSORY USES AND STRUCTURES. Accessory uses and structures shall be permitted in association with a principal use or structure. The maximum cumulative area of accessory structures in a residential zoning district, including swimming pools, shall not exceed 30% of the gross floor area of the principal use (livable area for residential uses). (A) Maximum permitted size of a detached garage, shed, or other storage structure. The cumulative maximum size of a detached garage(s), shed(s), or other storage structure(s) in a Residential District shall be 720 square feet. (B) Types of Accessory Uses. Swimming pools, detached garages, sheds, hot tubs, sport courts, tennis courts, basketball courts, batting cages, gazebos, play structures with foundations, or other similar structures as determined by the Director of Land Use and Long Range Planning shall be classified as accessory structures and shall be governed by the regulations of this chapter. Open and uncovered porches, attached decks, or at -grade patios (including those around swimming pools) shall not be classified as accessory structures, but shall be considered as impervious surface for the purpose of lot coverage calculations. (C) Residential swimming pools. (1) Permitted Types. RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. 18 -07 Passed Page 2 of 3 20 (a) Permanent Swimming Pools. Only below -grade swimming pools are permitted. �1 (b) Temporary Pools. Inflatable or other temporary pools are permitted provided they have a maximum depth of 18 inches and are placed to the side or rear of the primary structure. (c) Hot Tubs. Hot tubs are permitted accessory structures, and may be either below or above grade, provided that they do not exceed 100 square feet in total water surface area, or 4.5 feet in depth or height as measured from finished grade. Hot tubs, which exceed these size and height requirements, shall be considered swimming pools and must be placed below the established grade. Hot tubs shall be secured with a lockable cover or shall be entirely enclosed by a permitted fence with a self - latching and lockable gate. I 1 (2) Size. In the calculation of a swimming pool or hot tub as an accessory structure, only the water surface area of a swimming pool shall be included. In all cases, the maximum surface area of a residential swimming pool shall be limited to 1,500 square feet. All principle structures are permitted a swimming pool of 500 square feet if yard space, lot coverage, and other related development standards are met. (3) Location and Setback. There shall be a minimum separation of ten feet between a swimming pool and the principal structure. Swimming pools shall not be located within the front building setback, forward of any part of the house, or within a required side yard, rear yard, or other restricted area of the lot (e.g., a no -build zone). No swimming pool shall be located, designed, operated, or maintained as to interfere unduly with the enjoyment of the property rights of surrounding property owners. Nuisances shall be pursued according to all applicable City Ordinances. (4) Fencing. Swimming pools located within all zoning districts shall be surrounded by open ornamental fences or a solid fence, provided the solid fence is no higher than four feet and otherwise complies with the regulations herein and this Section. All openings, doorways and entrances into the pool area shall be equipped with gates of equal height and material with the fence, and shall be provided with latches and permanent locks. (5) Accessory Equipment. No swimming pool accessory equipment, including but not limited to pumping equipment, filtering equipment, diving boards, or slides shall be located in any required yard. All accessory equipment shall be screened with evergreen landscaping to the maximum height of the unit. The maximum permitted height of a diving board or slide shall be 10 feet from the established grade, unless otherwise approved by the Director of Land Use and Long Range Planning (6) Permit Required. A building permit is required for permanent swimming pools. The following requirements are to be met: (a) Submission of a scaled plot plan showing all necessary area, lot coverage, setback, and yard requirements. (b) Pools shall be graded to contain water on property for which a permit is issued and so as not to harm adjacent property. RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. 18 -07 Page 3 of 3 Passed . 20 (c) Electrical wiring and equipment shall comply with the National Electrical Code; an electrical permit for grounding and other electrical equipment is required. (d) State Health Board approval is required for community pools. (e) Fees for a residential /private pool shall be assessed as set forth from time to time by ordinance, per permit. (f) Fees for commercial public pools shall be calculated under § 150.177. (D) Non - residential zoning districts. Accessory uses and/or structures within non- residential zoning districts shall not exceed 25% of the gross floor area of the principal use. (E) Required location in residential zoning district. (1) All accessory 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. (2) 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. (F) Required location in other zoning districts. In any zoning district except a Residential District, accessory uses or structures shall be on the same lot as the principal use or structure and located subject to the development requirements of the zoning district in which it is located. Section 3. Section 153.080(D) is hereby removed. Section 4. This Ordinance shall take effect on the earliest date provided by law. Passed this 4 41� day of L ?� , 2007. Mayor — Presiding Officer ATTEST: C)� Clerk of Council Office of the City Manager 5200 Emerald Parkway - Dublin, OH 43017 -1006 CITY of DUBLIN Phone: 614 -410 -4400 - Fax: 614 - 410 -4490 TO: Members of City Council FROM: Jane S. Brautigam�,,. Q DATE: March 12, 2007 Memo INITIATED BY: Steve Langworthy, Director Land Use and Long Range Planning Jeff Tyler, Chief Building Official, Director of Building Standards RE: Ordinance 18 -07 - An Ordinance Amending Sections 150.003, 153.074, and 153.008(D) of the Dublin Codified Ordinances (Building and Zoning Codes) regarding Residential Swimming Pools (Case No. 07- 010ADM) Summary The purpose of this Code modification is to relocate various land use - oriented regulations within the Building Code to the Zoning Code. This request pertains to Section 153.074(B) Residential Swimming Pools. Several sections within the City Code regulate residential swimming pools with the majority of the requirements located in Section 153.074 Accessory Uses and Structures. Other various regulations are found in the Building Code, including Section 150.003 Residential and Private Swimming Pools, which contains land use - oriented language more appropriate for the Zoning Code. The proposed modifications do not include changes to the regulations themselves. The Planning and Zoning Commission reviewed the proposed modifications at a work session on February 15, 2007 and recommend approval to the City Council. The Record of Action and minutes from that work session have been included with this memo. The public hearing /second reading of this ordinance will be scheduled for April 9, 2007. Recommendation Staff recommends that Ordinance 18 -07 be approved at its public hearing /second reading on April 9, 2007. Ordinance 18 - Proposed Text Deleted -Text 2 •a rW. �.lf�i!r� ♦s s.V� Y'± rf1W r r� ;.,m .... ! ! .� .. E1.iL Y ! YL rrr wr , f ,1� e"B 1 ; 9 � ryyq - 1 l <..E.f.�>•rR�l.,f:.f.i. a�ti..f,.If l..� _� __ ___ _ - - -_ _- _� ____ `r 11 ess nr of nlerl n 1�, pl an showin a li. VJJRSA �P 13R .. u� 1 t tir ► e setiiuc'it, -� 1 ffisseeiatetl equipment, s 11 lx_ -_., 4, -ueted w thin the rr..itteE ui,l & l.lt o of the l t !he rearo 4 7- om tl iczcrur 1 1f13t 3 , r- estrieted a rea o f a lot (@ l de- s w-i nim- po is —are p e itted -A the - city-- 44Qt-4 —afe netw,,-and may be-e b t in d n.- heig h t -- asaa ea& w- ed- €i fii i hed • •1° N t .,h...l, e the. 4 si shall 1 :.ls ,� 1 .,1�- d .c L.l..,h aria lie! tuna Th naczll ��aL'£ ;+I, 1. ; e r o nhnil be en a s ed by fmiII —I F n ee with ,elf lnt,-.1,i .,.. an d leekhln a t e .,.,.,nrdafl ee with § 1 r72 l other- tempemi-y pool are - ff ovii4ed -4v" liar1<e ax- t 1 e the silo o of the p r i mary str,,..t„ro (C) - h- d 1 .-1 to ena i_ �xc•,t t fo 1 t_' P it b ot ARVI C7i��"L4T�Ji.I"ia iVi �3�.�CssUCR3 ed .and so as not to hann adjaeen4 pwpeFty, (E)) 1r l ee t r-i eel wifing and equipment shall comply with the National Elect Code-, aweleetrieal pe Fm ; t f or- g oun .3 _ a nd the fi �l e quipm ent i r e qu i r ed. (E) St l Fee n f • .eta p o ol r_l�o_�1 be ed .mot l .-th r n t t �-� si�lel� hi alai ' RII _ ^ �-- t --�_� b y per -perms i "ie pool s� sh al l l be e d- titWef- l Sr r �i. 177. 1 of 6 § 153.074 ACCESSORY USES AND STRUCTURES. Accessory uses and structures shall be permitted in association with a principal use or structure. The maximum cumulative area of accessory structures in a residential zoning district, including swimming pools, shall not exceed 30% of the gross floor area of the principal pr-imar- y use (livable area for residential uses). (A) Maximum permitted size of a detached garage, shed, or other storage structure. The cumulative maximum size of a detached garage(s), shed(s), or other storage structure(s) in a Residential , District shall be 720 square feet. (B) Types of Accessory Uses. Swimming pools, detached garages, sheds, hot tubs, sport courts, tennis courts, basketball courts, batting cages, gazebos, play structures with foundations, or other similar structures as determined by the Director of Land Use and Long Range Planning be classified as accessory structures and shall be governed by the regulations of this chapter. Open and uncovered porches, attached decks, or at -grade patios (including those around swimming pools) shall not be classified as accessory structures, but shall be considered as impervious surface for the purpose of lot coverage calculations. (C) Residential swimming pools. (1) Permitted Types. (a) Permanent Swimming Pools. Only below -grade swimming pools are permitted. (b) Temporary Pools. Inflatable or other temporary pools are permitted provided they have a maximum depth of 18 inches and are placed to the side or rear of the primary structure. (c) Hot Tubs. Hot tubs are permitted accessory structures, and may be either below or above grade, provided that they do not exceed 100 square feet in total water surface area, or 4.5 feet in depth or height as measured from finished grade. Hot tubs, which exceed these size and height requirements, shall be considered swimming pools and must be placed below the established grade. Hot tubs shall be secured with a lockable cover or shall be entirely enclosed by a permitted fence with a self - latching and lockable gate. (2) Size. In the calculation of a swimming pool or hot tub as an accessory structure, only the water surface area of a swimming pool shall be included. k;Swimm-iag 13 ols and -- associated decking afe eo ntiidefed In all cases, the maximum sire surface area of a residential swimming pool shall be limited to 1,500 square feet. All pr-imat=) principal structures are permitted 2 of 6 a swimming pool of 500 square feet if yard space, lot coverage, and other related development standards are met. (2) Swinuning pools, detaelied gar-age , , cowts A-Ami ' g r., „i by _ffie gulali °ur*cr�rrs rupR,. .,a t,a, ,,a , .ehes, "n 1 ­ 4 A nuiuiis �...e purpo o f ! eeN , ere (3) Location and Setback. There shall be a minimum separation of ten feet between a swimming pool and the principal structure. Swimming pools shall not be located within the front building setback, forward of any part of the house, or within a required side yard, rear yard, or other restricted area of the lot (e.g., a no -build zone). No swimming pool shall be located, designed, operated, or maintained as to interfere unduly with the enjoyment of the property rights of surrounding property owners. Nuisances shall be pursued according to all applicable City Ordinances. (4) Fencing. Swimming pools located within all zoning districts shall be surrounded by open ornamental fences or a solid fence, provided the solid fence is no higher than four feet and otherwise complies with the regulations herein and this Section. All openings, doorways and entrances into the pool area shall be equipped with gates of equal height and material with the fence, and shall be provided with latches and permanent locks. (5) Accessory Equipment. No swimming pool accessory equipment, including but not limited to pumping equipment, filtering equipment, diving boards, or slides shall be located in any required yard. All accessory equipment shall be screened with evergreen landscaping to the maximum height of the unit. The maximum permitted height of a diving board or slide shall be 10 feet from the established grade, unless otherwise approved by the Director of Land Use and Long Range Planning. (D) Permit Required. A building permit is required for permanent swimming pools. The following requirements are to be met: (1) Submission of a scaled plot plan showing all necessary area, lot coverage, setback, and yard requirements. (2) Pools shall be graded to contain water on property for which a permit is issued and so as not to harm adjacent property. 3 of 6 (3) Electrical wiring and equipment shall comply with the National Electrical Code; an electrical permit for grounding and other electrical equipment is required. (4) State Health Board approval is required for community pools. (5) Fees for a residential /private pool shall be assessed as set forth from time to time by ordinance, per permit. (6) Fees for commercial public pools shall be calculated under § 150.177. (E) Non - residential zoning districts. Accessory uses and /or structures within non- residential zoning districts shall not exceed 25% of the gross floor area of the principal pr-ifiiaFy use. (F) Required location in residential zoning district. (1) All accessory 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. (2) The ° ..1 a ll be a niin U1n1- separ-afif}H--£3P n- fee4-hetween of and the pr- —smi wi -e Swi nqin i ng tl, tbac 'I�forwa a of- afiy paFt of the liou s or- ljin rewired stile ya-r y ard, , f-e e area oft a lo ( e.g., a no build ixene). (3) No . aecesse-5 neluding but not lifa4ed-�e iPffiefit, filtefm g`eEjuipm n t - a.., n b -.1. slides sh 1, ° s }QIr - ted in ), Fequir yard All �l� „no��.,,.,, .,+ h b �Ei�E£'f3�t l t +1,� .., &?F1iR�3#il h 1,+ o f the ni t. The maximu"fffii4te"eight al'a diving-boar-d of! slide shall be 10 feet x�9L��Gi�I - Tiff m g to I Z i .. t k l� 1, 3 1 t l rirc,. r$ }� r7rr;"es 4z# ld{� uiTr S�nrv t — A , ise e} - d by the Zenin-9 (aDesikil f SN'#t?tfi © 1 � �•ff fVsr..l 511 ----- AT... , {� ., �. —'b slfo��G,'Tted, de7� ned, o or FlYai"..IYS'a — '[ a 's to interfere R1TST6'IN SUFf'1r3 � £��€" 1� j�— ��i4�rt @i"'r Nuisan sh be purs ued 4 of 6 (2) 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. (G) Required location in other zoning districts. In any zoning district except a residential zoning district, accessory uses or structures shall be on the same lot as the principal use or structure and located subject to the development requirements standards of the zoning district in which it is located. ('80 Code, § 1183.05) (Ord. 21 -70, passed 7- 13 -70; Am. Ord. 142 -99, passed 2- 22 -00; Am. Ord. 28 -05, passed 6- 20 -05) Penalty, see § 153.999 5 of 6 Fences § 153.080 REGULATIONS ON USE (D) Required fencing. 1 Sivim l rrmi'ir i 6E1 1,.....te a ., al l Bg dis# — 1 - - -F lamm - se4id4 ,,�, gh n„ t h n f..., fe a d-e4iervA6e eempkes with the regulations her-ein and flie building and zening code- e ntr a nc es into the p i ll b, e , .:th g ates o f a ll l,o; ` .�l,s �1} ° uzr ii Above - fg Found, swif3fi�ftkig p ocksh all .mot be i �e� W:tl'.:r, flies d fii,itio s l : hi we � l io!l. �q�Yif[Tr�r'�} ri �' t b of b CITY OF DUBLIN_ Land Use and Long Range Planning 5800 Shier -Rings Road Dublin, Ohio 43016.1236 Phone: 614410.4600 Fax: 6144104747 Web Site: www.dublin.oh us PLANNING AND ZONING COMMISSION RECORD OF ACTION FEBRUARY 15, 2007 The Planning and Zoning Commission took the following action at this meeting: 4. Administrative Request 07- OIOADM — Zoning Code Updates Request: Review and approval of modifications to Code Sections 153.074(B). Residential Swimming Pools. Staff Contact: Jeffrey Tyler, Director, Building Standards and Judson J. Rex, Planner. Contact Information: (614) 410 -4604/ jtyler @dublin.oh.us and (614) 410 - 4604r rex @dublin.oh.us. MOTION: To approve the revisions to the Zoning Code regarding swimming pools and forward the revision to City Council as presented. VOTE: 6-0. RESULT: The revision to the Zoning Code regarding swimming pools was approved and will be forwarded to City Council STAFF CERTIFICATION �h LL N/jp Ju4yo Rex Planner PLANNING REPORT DUBLIN PLANNING AND ZONING COMMISSION FEBRUARY 15, 2007 CITY OF DUBLIN- Land Use and Long Range Planning 5800 Shier -Rings Road Dublin, Ohio 43016.1236 Phone: 614 - 4104600 Fax: 6144104747 Web Site: www.dubliin.oh.us SECTION I - CASE INFORMATION: 4. Administrative Request 07- OIOADM — Zoning Code Updates Request: Review and approval of modifications to Code Section 153.074(B) Residential Swimming Pools. Staff Contact: Jeffrey Tyler, Director, Building Standards and Judson J. Rex, Planner. Contact Information: (614) 410- 4604 /jtyler @dublin.oh.us and (614) 410 - 4604/j rex @dublin.oh.us. Case Summary: The purpose of the proposed Code modifications is to relocate various land use- oriented regulations within the Building Code to the Zoning Code. This request pertains to Section 153.074(B) Residential Swimming Pools. Several sections within the City Code regulate residential swimming pools with the majority of the requirements located in Section 153.074 Accessory Uses and Structures of the Zoning Code. Other various regulations are found in the Building Codes, including Section 150.003 Residential and Private Swimming Pools, which contains land use - oriented language more appropriate to the Zoning Code. The proposed modifications include the structure and the location of Code requirements for residential swimming pools and do not include changes to the regulations themselves. Attached to this report is a draft of the proposed modifications and Planning recommends that the Commission review the draft and provide input where necessary. After further consideration of the existing * language within the Building Code regarding landscaping requirements, Planning and Building Standards do not propose any modifications to Section 153.133(D) Additional Site Landscaping Requirements of the Building Code, as previously advertised. Proposed Modifications: ■ Residential Swimming Pools §150.003 RESIDENTIAL AND PRIVATE SWIMMING POOLS. This section of the Building Code will be removed and the requirements will be moved into Section 153.074 of the Zoning Code. The current language within this section focuses on swimming pools as an accessory land use with standards that should be located within the Zoning Code. Dublin Planning and Zoning Commission Training Workshop — February 15, 2007 Case No. 07- 010ADM — Page 2 of 2 Accessory Structures §153.074 ACCESSORY USES AND STRUCTURES. This section of the Zoning Code includes the largest portion of requirements for residential swimming pools and will be the central location for such standards. The structure and format has been modified to accommodate relocation from other sections. Fences §153.080(D) REGULATIONS ON USE The requirements for fencing around a swimming pool have been relocated to Section 153.074 with other applicable standards. SECTION II - REVIEW STANDARDS: Case Procedure: Code Section 153.232(B) grants the Planning and Zoning Commission the ability to review "amendments to the zoning map and to the zoning ordinance and recommendation of action to Council." Planning has drafted amendments to portions of the City Code associated with residential swimming pools. The Commission should review the modifications, provide input where necessary, and vote on the changes. The draft amendments will then be forwarded to City Council for final review and approval. SECTION III - RECOMMENDATION: The various sections with the Building and Zoning Codes related to residential swimming pools have been combined into a single section within the Zoning Code. Planning recommends that the Commission approve the proposed changes. Dublin Planning and Zoning Commission Training Workshop Minutes — February 15, 2007 Page 13.of 23 Mr. Rex said PI g will draft an dinance and bring i ark to the Comm ion at a work session or a e meeting for revi , approval, and a r mmendation to City ouncil. He said the Plannin Report included th real purpose and g s of the Resident- Appearance Code which pe ed to continuing a high quality resid tial neighborhoods we want in Dub He sai with the Commissi 's feedback and by orking with Pl g, that is what they e tryin to achieve. Mr. Re said the Commissio ers' guidance was a reciated. 4. Administrative Request 07- OIOADM — Zoning Code Updates Judson Rex said Planning had been working with Jeff Tyler on taking some land use oriented language out of the Building Code and putting it into the Zoning Code. He said a section was taken out of the Building Code dealing with residential and private swimming pools and another section not centered in the appropriate place dealing with fences around swimming pools, and moving them into one section in the Zoning Code. He said it is appropriately placed under Accessory Uses and Structures. Mr. Rex said the Code regulates the permitted type, size, location, and setback, required fencing, and associated pool equipment. He said in addition, there is permitting and different types of review required for swimming pools. Mr. Gerber asked about hot tubs. Mr. Rex said language regarding hot tubs and temporary swimming pools was included. Mr. Gerber asked what was the present,fencing requirement for swimming pools. Mr. Rex said four feet high with a locking gate and four -inch on center posts. Mr. Gerber asked if the fence could be on the perimeter of the property (the back yard). Mr. Rex said it had to be within the buildable area of the lot, as does the swimming pool and equipment. Mr. Fishman asked if there was a State Code dealing with swimming pools. Mr. Tyler said there are different provisions and this specifically was dealing with that section of Dublin's codified portion of that. He said Dublin has adopted provisions in the State Building Code that do not deal with land use issues. He said the whole purpose here was to take the land use provisions out of Dublin's Building Code and put the where they should be. He said building and electrical permits will still be required. Mr. Gerber said this made sense putting this part of the PUD text and the like together creating more uniformity when going through the whole process. Motion and Vote: Mr. Gerber moved to approve the revisions to the Zoning Code regarding swimming pools and forward the revision to City Council as presented. Mr. Zimmerman seconded the motion, and the vote was as follows: Ms. Jones, yes; Mr. Saneholtz, yes; Mr. Fishman, yes; Mr. Walter, yes; Mr. Zimmerman, yes; and Mr. Gerber, yes. (Approved 6 — 0.) Admi trative Business: Mr. erber called a short ecess.