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50-07 OrdinanceRECORD OF ORDINANCES Davton Le &al Blank, Inc Fonn No 30043 Ordinance No. Passed 20 1 n AMENDING SECTION 153.021(A) "PERMITTED USES" OF THE DUBLIN CODIFIED ORDINACES. (R -2, LIMITED SUBURBAN RESIDENTIAL DISTRICT — CODE UPDATE — CASE NO. 07- 039ADM) 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, Section 153.021(A) of the Dublin Codified Ordinances contains the R -2, Limited Suburban Residential District permitted uses and development standards for the R -2 District; and WHEREAS, the purpose of this Code amendment is to modify the "Permitted Uses" of the R -2, Limited Suburban Residential District to include two - family dwelling units constructed prior to the effective date of Ordinance 50 -07; and WHEREAS, the amendment would allow existing two - family dwelling units to maintain their residential use, including the reconstruction of the dwelling units in the case of a catastrophic event and the general improvements and/or alterations of the dwellings; and WHEREAS, the Planning and Zoning Commission reviewed the proposed amendment on June 7, 2007 and recommends adoption 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, (P of the elected members concurring that: Section 1 . Section 153.021(A) is hereby amended and shall provide as follows: § 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 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) Religious. Church or other place of worship provided it occupies a lot of not less than five acres. RECORD OF ORDINANCES Dayton Legal Blank, Inc Form No 30043 Ordinance No. 50 -07 Passed Page 2 20 Section 2. This Ordinance shall take effect on the earliest date provided by law. Passed thi day of � , 2007. Mayor — Presiding Officer ATTEST: d Clerk of Council 1 i Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 -1006 Phone: 614 -410 -4400 • Fax: 614 -410 -4490 CITY OF DUBLIN. Memo TO: Members of City Council FROM: Jane S. Brautigam, City Manager`> — DATE: June 27, 2007 INITIATED BY: Steve Langworthy, Director of Land Use and Long Range Planning RE: Ordinance 50 -07, Amending Section 153.021(A) "Permitted Use" of the Dublin Codified Ordinances. (R -2, Limited Suburban Residential District — Code Update — Case No. 07- 039ADM). Summary This request results from the area rezoning process when it was discovered that the equivalent Township -to -City zoning for a group of parcels to an R -2 designation would create non - conforming residential uses. Concern was expressed by the property owners and residents that should a catastrophic event occur, the new zoning would require them to abandon their homes. It would also prevent any improvement or alteration of those dwellings, as well as approximately nine other properties with similar type land uses not included in the rezoning process. An accepted principle in zoning is that residential uses should not be made nonconforming where suitable alternatives exist and where the zoning is generally consistent with the Community Plan. There were two options available to ensure that these properties were not made nonconforming. The first was to change the zoning to R -4, Suburban Residential District. Doing so, however, would also have allowed multiple family buildings as a permitted use should the structures be converted or replaced. The second option was to amend the uses of the R -2 District to allow existing two - family dwellings as a permitted use. While the second option was the most viable, it was determined that allowing new two- family dwellings in the district was not an acceptable outcome. As a result, this amendment, while allowing existing two- family dwellings, would not permit the construction of new ones. Only those two - family dwellings existing as of the effective date of this amendment would be allowed to continue. The amendment will also permit the existing homes to be reconstructed should they be destroyed by a catastrophic event. It does not "forgive" existing nonconformities with respect to building setbacks or other non -use requirements. The normal requirements of the R -2 District would still have to be met. Recommendation Approval of Ordinance 50 -07 at the second reading/public hearing on August 6, 2007. CITY OF DUBLIN_ Land Use and Long Range Planning 5800 Shier -Rings Road Dublin, Ohio 43016 -1236 Phone: 614-410-4600 Fax: 614 -010 -4147 Web Site. - www- dublin.oh.us PLANNING AND ZONING COMMISSION RECORD OF ACTION JUNE 7, 2007 The Planning and Zoning Commission took no action on the following case -at this meeting: 3. R -2, Limited Suburban Residential District Code Update 07- 039ADM Request: Review and approval of modifications to Code Section 153.021(A) Permitted Use. Planning Contact: Steve Langworthy, Director. MOTION: To approve this modification to the Zoning Code to prevent the creation of nonconforming residential uses. VOTE: 5-0. RESULT: This Administrative Request was approved. STAFF CERTIFICATION Gar . Gun erman Planning Manager Dublin Planning and Zoning Commission June 7, 2007 — Meeting Minutes Page 12 of 21 DRAFT 3. R -2, Limited Suburban Residential District - Code Update 07- 039ADM Mr. Gerber said this was a request for review and approval of modification to Code Section 153.021(A) Permitted Use. Gary Gunderman said this was the language that the Commission discussed when the Area Rezonings were heard. He said the modification would permit a duplex structure that existed at the time of this ordinance adoption to be a legal, conforming use instead of a non - conforming use. Ms. Amorose Groomes clarified that they would be replaceable under Acts of God, but not replaceable under redevelopment. Phil Moneypenny, said his client was one of the owners of the duplex. He asked if a fire was considered an Act of God. Mr. Gunderman said as written, if the duplex exists at the time adoption, it is a legal use and it can be rebuilt.. Mr. Gerber made a motion to recommend to City Council that the modification to Code Section 153.021(A) Permitted Use be adopted. Mr. Zimmerman seconded the motion. The vote was as follows: Ms. Amorose Groomes, yes; Mr. Walter, yes; Mr. McCash, yes; Mr. Zimmerman, yes; and Mr. Gerber, yes. (Approved 5 — 0.) CITY OF DUBLIN- Land Use and Long Range Planning 5800 Shier -Rings Road Dublin, Ohio 43016 -1236 Phone: 614 -010 -4600 Fax: 614 -410 -4747 Web Site: www.dublin.oh -us PLANNING REPORT DUBLIN PLANNING AND ZONING COMMISSION JUNE 7, 2007 SECTION I - CASE INFORMATION 3. R -2, Limited Suburban Residential District Code Update 07- 039ADM Request: Review and approval of modifications to Code Section 153.021(A) Permitted Use. Planning Contact: Steve Langworthy, Director Case Summary The request will amend the R -2, Limited Suburban Residential District to permit two- family dwellings existing as of the effective date of this amendment as conforming uses. The change would not permit the construction of new two- family dwellings in the district. 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." 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. Analysis This request results from the area rezoning process when it was discovered that the equivalent Township -to -City zoning for a group of parcels to an R -2 designation would create non- conforming residential uses. Concern was expressed by the property owners and residents that should a catastrophic event occur, the new zoning would require them to abandon their homes. It would also prevent any improvement or alteration of those dwellings. Planning and Zoning Commission June 7, 2007 Planning Report Case No_ 07 -039ADM Page 2 of 3 It is a widely accepted principle in zoning that residential uses should not be made nonconforming where suitable alternatives exist and where the zoning is generally consistent with the Community Plan_ There were two options available to ensure that these properties were not made nonconforming. The first was to change the zoning to R -4, Suburban Residential District_ Doing so, however, would also have allowed multiple family buildings as a permitted use should the structures be converted or replaced. The second option was to amend the uses of the R -2 District to allow existing two - family dwellings as a permitted use. While the second option was the most viable, it was determined that allowing new two family dwellings in the district was not an acceptable outcome. As a result, this amendment, while allowing existing two- family dwellings, would not permit the construction of new ones. Only those two - family dwellings existing as of the effective date of this amendment would be allowed to continue. The amendment will also permit the existing homes to be reconstructed should they be destroyed by an act of God. It does not "forgive" existing nonconformities with respect to building setbacks or other non -use requirements. The normal requirements of the R -2 District would still have to be met. Zoning Code Amendments (proposed changes in bold) Amend § 153.021 Limited Suburban Residential District, (A) Permitted use, to add Two-family dwelling structures existing as of (effective date of amendment), to read in full as follows: § 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 structures. (a) One- family dwelling structures. (b) Two - family dwelling structures existing as of (effective date of amendment). (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. Planning and Zoning Commission June 7, 2007 Planning Report Case No. 07 -039ADM Page 3 of 3 (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) Religious. Church or other place of worship provided it occupies a lot of not less than five acres_ SECTION III — PLANNING OPINION AND RECOMMENDATION In Planning's opinion, the proposed modification to the Zoning Code will prevent the creation of nonconforming residential uses while ensuring that the R -2 Limited Suburban Residential District remains a single family district. Planning recommends that the Commission recommend approval of the proposed change to City Council. § 153.021 LEWITED 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 structures. (a) One - family dwelling structures. (b) Two - family dwelling structures existing as of (effective date of amendment). (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) Religious. Church or other place of worship provided it occupies a lot of not less than five acres. (B) Conditional use. The following uses shall be allowed in the Limited Suburban Residential District subject to approval in accordance with § 153.236. (1) Child Care. Kindergarten or child care as an accessory use of a dwelling. 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 chain link fence or its equivalent in strength and protective character to a height of four feet, but not more than six feet. (2) Wireless communications facilities as conditional uses in all applicable districts. (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 a one - 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. (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) Penalty, see § 153.999