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