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96-07 OrdinanceRECORD OF ORDINANCES Dayton Legal Blank, Inc. 1 1 1 96 -07 (Amended) Ordinance No. Passed AN ORDINANCE AMENDING SECTIONS 153.026, 153.028, 153.031, 153.032, 153.033, 153.212, AND 153.074 OF THE DUBLIN CODIFIED ORDINANCES (ZONING CODE) REGARDING FITNESS USES, PET CARE SERVICES, PARK AND RIDES, PARKING REQUIREMENTS AND SWIMMING POOL FENCES (CASE NO. 07- 110ADM) Form No. 30043 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 153.026, 153.028, 153.031, 153.032, 153.033, 153.212, and 153.074 of the Dublin Codified Ordinances contain the applicable permitted and conditional uses and their parking requirements and applicable development standards for swimming pool fences in residential zoning districts; and WHEREAS, the purpose of this Code amendment is to add fitness related, pet related uses and park and ride facilities as permitted/conditional uses in different zoning districts and to provide parking requirements for these new uses; and to permit fences around swimming pools when a fence already exists; and WHEREAS, the Planning and Zoning Commission reviewed the proposed amendment on November 15, 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, (,g_ of the elected members concurring that: Section 1 . Section 153.026 is hereby amended and shall provide as follows: SUBURBAN OFFICE AND INSTITUTIONAL DISTRICT § 153.026 SUBURBAN OFFICE AND INSTITUTIONAL DISTRICT. (A) Permitted use. The following uses shall be permitted in the Suburban Office and Institutional District: (1) Residential. Dwellings ancillary to permitted institutional uses. (2) Administrative and business. Administrative offices primarily engaged in general administration, supervision, purchasing, accounting and other management functions. Business offices carrying on no retail trade with the general public and having no stock of goods maintained for sale to customers. 602 Commercial and stock savings banks 603 Mutual savings banks 604 Trust companies not engaged in deposit banking 605 Establishments performing functions closely related to banking 611 Rediscount and financing institutions for credit agencies other than banks 612 Savings and loan associations 613 Agricultural credit institutions 614 Personal credit institutions 615 Business credit institutions 616 Loan correspondents and brokers RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 96 -07 (Amended) Page 2 Ordinance No. Passed . 20 1 1 r � 621 Security brokers, dealers and flotation companies 622 Commodity contracts brokers and dealers 623 Security and commodity exchanges 628 Services allied with the exchange of securities or commodities 631 Life insurance 632 Accident and health insurance 633 Fire, marine and casualty insurance 635 Surety insurance 636 Title insurance 639 Insurance carriers, not elsewhere classified 641 Insurance agents, brokers and service 651 Real estate operators (except developers) and lessors 653 Agents, brokers and managers 654 Title abstract companies 655 Subdividers and developers 656 Operative builders 661 Combinations of real estate, insurance, loans, law offices 671 Holding companies 672 Investment companies 673 Trusts 679 Miscellaneous investing institutions (3) Professional. Professional offices engaged in providing tangible and intangible services to the general public, involving both persons and their possessions. 801 Offices of physicians and surgeons 802 Offices of dentists and dental surgeons 803 Offices of osteopathic physicians 804 Offices of chiropractors 807 Medical and dental laboratories 809 Health and allied services 811 Legal services 891 Engineering and architectural services 893 Accounting, auditing and bookkeeping services 899 Services (professional) not elsewhere classified (4) Institutions. Institutions providing social, cultural, educational and health services to member agencies, organizations and individuals or to the general public. RECORD OF ORDINANCES Dayton Legal Blank, Inc. Ordinance No. 96 -07 (Amended) 1 L 1 Form No.30043 Page 3 20 806 Hospitals 821 Elementary and secondary schools 822 Colleges, universities, professional schools, junior colleges and normal schools 823 Libraries 841 Museums and art galleries 866 Religious organizations (5) Organizations and associations. Organizations and associations, organized on profit- making or nonprofit- making basis, for the promotion of membership interests. 861 Business associations 862 Professional membership organizations 863 Labor unions and similar labor organizations 864 Civic, social and fraternal associations 865 Political organizations 867 Charitable organizations 869 Nonprofit membership organizations, not elsewhere classified. (B) Conditional use. The following uses shall be allowed in the Suburban Office and Institutional District subject to approval in accordance with § 153.236. (1) Auto - oriented commercial facilities or outdoor service facilities. Auto - oriented commercial facilities or outdoor service facilities developed in association with a permitted use. (2) Personal services. Personal services generally involving the care of the person or his apparel. 722 Photographic studios, including commercial photography 723 Beauty shops 724 Barber shops 726 Funeral service and crematories (3) Educational and research. Educational and research establishments engaged in providing tangible and intangible services to members or the general public. 7391 Research, development and testing laboratories 8242 Vocational schools 829 School and educational services not elsewhere classified 892 Nonprofit educational and scientific research agencies (4) Food and lodging. Food and lodging includes commercial establishments and institutions engaged in furnishing lodging and meals on a fee basis. 581 Eating and drinking places 702 Rooming and boarding houses 704 Organization hotels and lodging houses on membership basis Passed RECORD OF ORDINANCES Blank, Inc. Ordinance No. 96 -07 (Amended) Passed (5) Exceptional uses. 0722 Offices of veterinarians and animal hospitals. 1 Pet grooming services Pet sitting services Pet training services The facility providing pet care services shall not include an outdoor recreation area and shall not be located less than 500 feet from any residential district or use. In reviewing the Conditional Use request, the Planning and Zoning Commission may reduce the minimum distance from any residential district or use. (6) Wireless communications facilities as conditional uses in all applicable districts. (7) Fitness and Recreational Sports Centers. Physical fitness centers Exercise centers Health club facilities Recreational sports club facilities Gymnasiums 1 (8) Park and Rides. An off - street parking facility, publicly owned and operated, designed or intended to provide peripheral collection and parking of vehicles to accommodate commuter traffic into or out of the community. In addition to all other applicable development standards, the following standards shall also apply to a park and rides: (a) A maximum of one bus passenger shelter not to exceed 50 square feet is permitted. (b) If provided, the design and architecture of shelter must be harmonious with the architectural character of surrounding areas. (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 Suburban Office and Institutional District. (1) Intensity of use. No minimum lot size is required; however, lot size shall be adequate to provide the yard space required by these development standards. One or more main buildings or permitted uses may be placed on a lot; however, main and accessory structures shall not occupy more than 50% of a lot, nor in total gross floor area exceed 80% of the lot area. (2) Lot width. No minimum lot width is required; however, all lots shall abut a street and have adequate width to provide the yard space required by these development standards. (3) Side yard. A side yard shall be required adjacent to a residential zoning district or planned development zoning district as listed in § 153.016. Such required side yards shall be not less than one -fourth the sum of the height of the structure and the length of the wall most nearly parallel to side lot line, but in no case shall the side yard be less than 15 feet. (4) Rear yard. A rear yard shall be required adjacent to a residential zoning district or a planned development zoning district as listed in § 153.016. These required rear yards shall be not less than ' / 4 the sum of the height of the structure and the length of Form No. 30043 Page 4 20 RECORD OF ORDINANCES Blank, Inc. U f� 1 Ordinance No. 96 -07 (Amended) Passed Form No.30043 Page 5 20 the wall most nearly parallel to rear lot line, but in no case shall the rear yard be less than 15 feet, except when adjacent to a dedicated alley of not less than 20 feet. Section 2 . Section 153.028 is hereby amended and shall provide as follows: § 153.028 COMMUNITY COMMERCIAL DISTRICT. (A) Permitted use. The following uses shall be permitted in the Community Commercial District: (1) Retail stores. Retail stores primarily engaged in selling merchandise for personal or household consumption and rendering services incidental to the sale of the goods, including the buying or processing of goods for resale. (a) General merchandise. 5251 Hardware stores 531 Department stores 532 Mail order houses 533 Limited price variety stores 539 Miscellaneous general merchandise stores (b) Food. 541 Grocery stores 542 Meat and fish (sea food) markets 543 Fruit stores and vegetable markets 544 Candy, nut and confectionery stores 545 Dairy products stores 546 Retail bakeries 549 Miscellaneous food stores (c) Automobile sales. 551 Motor vehicle dealers (new and used cars) 552 Motor vehicle dealers (used cars only) 553 Tire, battery and accessory dealers (without installations) 559 Miscellaneous aircraft, marine and automotive dealers (d) Building materials. 521 Lumber and other building materials dealers 522 Heating and plumbing equipment dealers 524 Electrical supply stores 525 Hardware and farm equipment (e) Apparel. 561 Men's and boys' clothing and furnishings stores 562 Women's accessory and specialty stores RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. 96 -07 (Amended) Passed Page 6 , 20 563 Women's ready -to -wear stores 564 Children's and infants' wear stores 1 1 L 565 Family clothing stores 566 Shoe stores 567 Custom tailors 568 Furriers and fur shops 569 Miscellaneous apparel and accessory stores (f) Home furnishings. 571 Furniture, home furnishings and equipment stores 572 Household appliance stores 573 Radio, television and music stores (g) Food and lodging. Food and lodging includes commercial establishments, and institutions engaged in furnishing lodging and meals on a fee basis. 581 Eating and drinking places 7013 Motels 702 Rooming and boarding houses (h) Miscellaneous retail. 591 Drug stores and proprietary stores 592 Liquor stores 593 Antique stores and secondhand stores 594 Book and stationery stores 595 Sporting goods stores and bicycle shops 597 Jewelry stores 5992 Florists 5993 Cigar stores and stands 5994 News dealers and news stands 5996 Camera and photographic supply stores 5997 Gift, novelty and souvenir shops 5998 Optical goods stores 5999 Miscellaneous retail stores, not elsewhere classified. (2) Administrative, Business and Professional Offices. Administrative offices primarily engaged in general administration, supervision, purchasing, accounting and other management functions. Business offices carrying on no retail trade with the general public and having no stock of goods maintained for sale to customers. Professional offices engaged in providing tangible and intangible services to the general public, involving both persons and possessions. (a) Finance. RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 96 -07 (Amended) Page 7 Ordinance No. Passed 20 L' 602 Commercial and stock savings banks 603 Mutual savings banks 604 Trust companies not engaged in deposit banking 605 Establishments performing functions closely related to banking 612 Savings and loan associations 613 Agricultural credit institutions 614 Personal credit institutions 615 Business credit institutions 616 Loan correspondents and brokers 671 Holding companies 672 Investment companies 673 Trusts 679 Miscellaneous investing institutions (b) Insurance carriers. 631 Life insurance 632 Accident and health insurance 633 Fire, marine and casualty insurance 635 Surety insurance 636 Title insurance 639 Insurance carriers not elsewhere classified (c) Insurance agents. 641 Insurance agents, brokers and service (d) Real estate. 651 Real estate operators (except developers) and lessors 653 Agents, brokers and managers 654 Title abstract companies 655 Subdividers and developers 656 Operative builders 661 Combinations of real estate, insurance, loans, law offices (e) Business services. 731 Advertising 733 Duplicating, addressing, blueprinting, photocopying, mailing, mailing list, and stenographic services 734 Services to dwellings and other buildings RECORD OF ORDINANCES Dayton Legal Blank, Inc. 1 1 1 Ordinance No. 96 -07 (Amended) 739 Business services not elsewhere classified (f) Repair services. 762 Electrical repair shops 763 Watch, clock and jewelry repair 764 Reupholstery and furniture repair 769 Miscellaneous repair shops and related services (g) Professional. 801 Offices of physicians and surgeons 802 Offices of dentists and dental surgeons 803 Offices of osteopathic physicians 804 Offices of chiropractors 807 Medical and dental laboratories 8099 Health and allied services not elsewhere classified 811 Legal services 891 Engineering and architectural services 893 Accounting, auditing and bookkeeping services (3) Personal and consumer services. Personal services generally involving the care of the person or his personal effects. Consumer services generally involving the care and maintenance of tangible property or the provision of intangible services for personal consumption. (a) Personal. 722 Photographic studios, including commercial photography 723 Beauty shops 724 Barber shops 725 Shoe repair shops, shoe shine parlors and hat cleaning shops 726 Funeral service 727 Pressing, alteration and garment repair 729 Miscellaneous personal services (b) Business. 731 Advertising 732 Consumer credit reporting agencies, mercantile reporting agencies, and adjustment and collecting agencies 733 Duplicating, addressing, blueprinting, photocopying, mailing, mailing list and stenographic services 735 News syndicates 736 Private employment Form No. 30043 Passed Page 8 20 RECORD OF ORDINANCES Dayton Legal Blank, Inc. I Ordinance No. 96 -07 (Amended) Passed Form No.30043 Page 9 . 20 739 Business services not elsewhere classified (except 7391 - research, development and testing laboratories (see 1159. 02(c)(1)) (c) Fitness and Recreational Sports Centers. Physical fitness centers Exercise centers Health club facilities Recreational sports club facilities Gymnasiums In addition to all other applicable development standards, the facility providing fitness and recreational sports shall be limited to less than 15,000 square feet of gross floor area. (d) Pet Care (except Veterinary and Kennel) Services. Pet grooming services Pet sitting services Pet training services I 1 The facility providing pet care services shall not include an outdoor recreation area and shall not be located less than 500 feet from any residential district or use. In reviewing the Conditional Use request, the Planning and Zoning Commission may reduce the minimum distance from any residential district or use. (4) Sexually oriented business establishment. A commercial establishment including adult cabaret, adult store, or adult theater primarily engaged in persons who appear nude /semi -nude, live performances, films or other visual representations, adult booths, or sale or display of adult material. (a) In addition to all other applicable development standards, no person shall operate, locate, or permit the location of a sexually oriented business establishment within 750 feet (as measured from property line to property line) of any residential use or district, school, preschool, daycare, place of worship, park, library, federal, state, county, township or city building, cemetery, or other civic use or public use (within the City of Dublin or other municipality). (b) No person shall operate, locate, or permit the location of a sexually oriented business within 750 feet (as measured from property line to property line) of another sexually oriented business establishment. (Ord. 72 -99, passed 7- 19 -99; Am. Ord. 68 -99, passed 9 -5 -00) (B) Conditional use. The following uses shall be allowed in the Community Commercial District, subject to approval in accordance with § 153.236. (1) Auto- oriented commercial facilities or outdoor service facilities. Auto - oriented service facilities or outdoor service facility developed independently or in association with a permitted use. (2) Residential. Living quarters as an integral part of a permitted use structure. RECORD OF ORDINANCES Dayton Legal Blank, Inc. u l_ J I Ordinance No. 96 -07 (Amended) Passed Form No.30043 Page 10 20 (3) Consumer services. Consumer services generally involving the care and maintenance of tangible property or the provision of intangible services for personal consumption. (a) Recreation. 7831 Motion picture theaters 7911 Dance halls, studios and schools 7921 Theatrical producers, except motion pictures, bands, orchestras and entertainers (theater) 7931 Bowling, billiards and pool 7944 Swimming pools 7945 Skating rinks Fitness and Recreational Sports Centers of 15,000 square feet or more of gross floor area, including: Physical fitness centers Exercise centers Health club facilities Recreational sports club facilities Gymnasiums Mechanical or electrically operated amusement devices as defined in § 112.15 may be operated in connection with the recreation uses listed herein subject to the provisions of §§ 112.15 et seq. (b) Automotive. 751 Automotive rentals, without drivers (4) Offices of veterinarians and animal hospitals. 0722 Offices of veterinarians and animal hospitals (5) Large format retail. Any retail or wholesale use of 20,000 square feet or more of gross floor area. (6) Wireless communications facilities as conditional uses in all applicable districts. (7) Park and Rides. An off - street parking facility, publicly owned and operated, designed or intended to provide peripheral collection and parking of vehicles to accommodate commuter traffic into or out of the community. In addition to all other applicable development standards, the following standards shall also apply to a park and rides: (a) A maximum of one bus passenger shelter not to exceed 50 square feet is permitted. (b) If provided, the design and architecture of shelter must be harmonious with the architectural character of surrounding areas. (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 Community Commercial District. (1) Intensity of use. No minimum lot size is required; however, lot size shall be adequate to provide the yard space required by these development standards and the following provisions: RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 1 1 1 Ordinance No. 96 -07 (Amended) Page 11 Passed 20 (2) Lot width. No minimum lot width is required; however, all lots shall abut a street and have adequate width to provide the yard space required by these development standards. (3) Side yard. A side yard shall be required adjacent to a residential zoning district or planned residential zoning district as listed in § 153.016. These required side yards shall be not less than one -fourth the sum of the height and depth of the building, but in no case shall be less than 15 feet. (4) Rear yard. A rear yard shall be required adjacent to a residential zoning district or a planned residential zoning district as listed in § 153.016. These required rear yards shall be not less than one -fourth the sum of the height and width of the building, except when adjacent to a dedicated alley of not less than 20 feet. A use to be serviced from the rear shall have a service court, alleyway or combination thereof not less than 40 feet wide. Section 3 . Section 153.031 is hereby amended and shall provide as follows: § 153.031 RESTRICTED INDUSTRIAL DISTRICT. (A) Permitted use. The following uses shall be permitted in the Restricted Industrial District: (1) Manufacturing. 204 Canning and preserving fruits, vegetables and sea foods (except canned and cured sea foods and fresh or frozen packaged fish) 205 Bakery products 2071 Candy and other confectionery products 231 Men's, youths' and boys' suits, coats and overcoats 232 Men's, youths' and boys' furnishings, work clothing and allied garments 233 Women's, misses' and juniors' outerwear 234 Women's, misses', children's and infants' undergarments 235 Hats, caps and millinery 236 Girls', children's and infants' outerwear 237 Fur goods 238 Miscellaneous apparel and accessories 239 Miscellaneous fabricated textile products. 271 Newspapers: publishing, publishing and printing 272 Periodicals: publishing, publishing and printing 273 Books 274 Miscellaneous publishing 275 Commercial printing 276 Manifold business forms manufacturing 277 Greeting card manufacturing 278 Bookbinding and related industries RECORD OF ORDINANCES i 1 1 Blank, Inc. Form No. 30043 Ordinance No. 96-07 (Amended) Passed Page 12 20 279 Service industries for the printing trade 283 Drugs 314 Footwear, except rubber 315 Leather gloves and mittens 316 Luggage 317 Handbags and other personal leather goods 323 Glass products, made of purchased glass 366 Communication equipment 367 Electronic components and accessories 381 Engineering, laboratory and scientific and research instruments and associated equipment 382 Instruments for measuring, controlling and indicating physical characteristics 383 Optical instruments and lenses 384 Surgical, medical and dental instruments and supplies 385 Ophthalmic goods 386 Photographic equipment and supplies 387 Watches, clocks, clockwork operated devices and parts 391 Jewelry, silverware and plated ware (2) Wholesaling. 502 Drugs, chemicals and allied products 503 Dry goods and apparel 504 Groceries and related products 506 Electrical goods 507 Hardware and plumbing and heating equipment and supplies 508 Machinery, equipment and supplies 5094 Tobacco and its products 5095 Beer, wine and distilled alcoholic beverages 5096 Paper and its products 5097 Furniture and home furnishings (3) Fitness and Recreational Sports Centers. Physical fitness centers Exercise centers Health club facilities Recreational sports club facilities RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. 96 -07 (Amended) Page 13 Passed . 20 Gymnasiums 1 (4) Pet Care (except Veterinary) Services. Pet grooming services Pet sitting services Pet training services Pet boarding services In addition to all other applicable development standards, the following standards shall also apply to these services: a. The structure housing the animals shall be completely enclosed. b. The structure housing the animals shall be located a minimum of 50 feet from any property line and 500 feet from any residential district or use. In reviewing the Conditional Use request, the Planning and Zoning Commission may reduce the minimum distance from any residential district or use. 1 (B) Conditional use. The following uses shall be allowed in the Restricted Industrial District, subject to approval in accordance with § 153.236. (1) Laboratories. 7391 Research, development and testing laboratories (2) Other industry. Permitted uses of the Limited Industrial District developed in accordance with the provisions of this district. (3) Wireless communications facilities as conditional uses in all applicable districts. (4) Administrative offices. Administrative offices primarily engaged in general administrative supervision, purchasing, accounting and other management functions developed in accordance with the provisions of this district. (5) Outdoor pet service areas. In addition to all other applicable development standards, the following standards shall also apply to outdoor pet service areas: a. Any outdoor recreation area shall be located a minimum of 50 feet from any property line and 500 feet from any residential district or use. In reviewing the Conditional Use request, the Planning and Zoning Commission may reduce the minimum distance from any residential district or use. b. Use of outdoor recreation areas by the animals shall occur no earlier than 7 a.m. and no later than 9 p.m. 1 (6) Park and Rides. An off - street parking facility, publicly owned and operated, designed or intended to provide peripheral collection and parking of vehicles to accommodate commuter traffic into or out of the community. In addition to all other applicable development standards, the following standards shall also apply to a park and rides: (a) A maximum of one bus passenger shelter not to exceed 50 square feet is permitted. (b) If provided, the design and architecture of shelter must be harmonious with the architectural character of surrounding areas. RECORD OF ORDINANCES Blank, Inc. 1 1 1 96 -07 (Amended) Ordinance No. Passed Page 14 Form No. 30043 Kii (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 Industrial District. (1) Intensity of use. Lot size shall be adequate to provide the yard space required by these development standards and the following provisions: (a) A use allowed in this district shall operate entirely within an enclosed structure, emitting no dust, smoke, noxious odor or fumes outside this structure, and producing a noise level audible at the property line no greater than the average noise level occurring on any adjacent street. (b) Open service areas and loading docks shall be screened by walls or fences at least six feet but not more than eight feet in height. These walls or fences shall have an opaqueness of 75% or more, so as to effectively conceal service and loading operations from adjoining streets and from a residential zoning district or a planned development district as listed in § 153.016. (2) Lot width. All lots shall abut a public street and have adequate lot width to provide the yard space required by these development standards. (3) Side yards. For main and accessory structures, including open service and loading areas, the required side yards shall not be less than one -third the sum of the height and depth of the structure, but in no case shall be less than 15 feet from the interior lot line and 25 feet from any residential zoning district or planned development district as listed in § 153.016. (4) Rear yards. For main and accessory structures, the required rear yards shall be not less than one -third the sum of the height and width of the structure, but in no case shall be less than 15 feet from any interior lot line and 25 feet from any residential zoning district or planned development district as listed in § 153.016. Section 4 . Section 153.032 is hereby amended and shall provide as follows: § 153.032 LIMITED INDUSTRIAL DISTRICT. (A) Permitted use. The following uses shall be permitted in the Limited Industrial District: (1) Restricted Industrial District. Any permitted use of the Restricted Industrial District shall be permitted in the Limited Industrial District. (2) Manufacturing. 2013 Sausages and other prepared meat products 202 Dairy products 204 Grain mill products 208 Beverage industries 221 Broad woven fabric mills, cotton 222 Broad woven fabric mills, man-made fiber and silk 223 Broad woven fabric mills, wool: including dyeing and finishing 224 Narrow fabrics and other small wares mills: cotton, wool, silk, and man-made fiber 225 Knitting mills 226 Dyeing and finishing textiles, except wool fabrics and knit goods RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. 96 -07 (Amended) 1 r 1 227 Floor covering mills 228 Yarn and thread mills 229 Miscellaneous textile goods 251 Household furniture 252 Office furniture Passed Page 15 20 253 Public building and related furniture 254 Partitions, shelving, lockers and office and store fixtures 259 Miscellaneous furniture and fixtures 264 Converted paper and paperboard products, except containers and boxes 265 Paperboard containers and boxes 313 Boot and shoe cut stock and findings 319 Leather goods not elsewhere classified 336 Nonferrous foundries 3444 Sheet metal work 3591 Machine shops, jobbing and repair 363 Household appliances 364 Electric lighting and wiring equipment 369 Miscellaneous electrical machinery, equipment and supplies 393 Musical instruments and parts 394 Toys, amusements, sporting and athletic goods 395 Pens, pencils and other office and artists' materials 396 Costume jewelry, costume novelties, buttons and miscellaneous notions, except precious metal 398 Miscellaneous manufacturing industries 399 Manufacturing industries not elsewhere classified (3) Warehousing, wholesaling and transportation services. 401 Railroads 402 Sleeping car and other passenger car service 404 Railway express service 421 Trucking, local and long distance 422 Public warehousing 423 Terminal and joint terminal maintenance facilities for motor freight transportation 471 Freight forwarding 472 Arrangement of transportation RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 96 -07 (Amended) Ordinance No. 474 Rental of railroad cars Page 16 Passed . 20 478 Miscellaneous services incidental to transportation 501 502 503 504 505 506 Motor vehicles and automotive equipment Drugs, chemicals and allied products Dry goods and apparel Groceries and related products Farm products - raw materials Electrical goods 507 Hardware, and plumbing and heating equipment and supplies 508 Machinery, equipment and supplies 509 Miscellaneous wholesalers (except scrap and waste materials) (4) Service industries. 151 General building contractors 161 Highway and street construction, except elevated highways 162 Heavy construction, except highway and street construction 171 Plumbing, heating and air conditioning 172 Painting, paper hanging, and decorating 173 Electrical work 174 Masonry, stonework, tile setting and plastering 175 Carpentry and wood flooring 176 Roofing and sheet metal work 177 Concrete work 178 Water well drilling 179 Miscellaneous special trade contractors. (B) Conditional use. The following uses shall be allowed in the Limited Industrial District, subject to approval in accordance with § 153.236. (1) General Industrial District. Any permitted use of the General Industrial District developed in accordance with the development standards of this district. (2) Commercial establishments. Commercial establishments normally associated with and intended to serve the industrial establishments or their employees. 581 Eating and drinking places 602 Commercial and stock savings banks 612 Savings and loan associations 614 Personal credit institutions 615 Business credit institutions RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. 96 -07 (Amended) Page 17 Passed . 20. 801 Offices of physicians and surgeons 802 Offices of dentists and dental surgeons 803 Offices of osteopathic physicians 807 Medical and allied services 891 Engineering and architectural services 893 Accounting, auditing and bookkeeping services (3) Administrative offices. Administrative offices primarily engaged in general administrative supervision, purchasing, accounting and other management functions. (4) Personal and consumer services. Personal services generally involving the care and maintenance of tangible property or the provision of intangible services for personal consumption intended to serve the industrial establishments or their employees. (a) Personal. 723 Beauty shops 724 Barber shops 725 Shoe repair shops, shoe shine parlors and hat cleaning shops 727 Pressing, alterations and garment repair 729 Miscellaneous personal services (b) Business. 731 Advertising 732 Consumer credit reporting agencies, mercantile reporting agencies and adjustment and collecting agencies 733 Duplicating, addressing, blueprinting, photocopying, mailing, mailing list and stenographic services 736 Private employment agencies 739 Business services not elsewhere classified (except research, development and testing laboratories (see § 153.026(B)(3)(a)) (5) Outdoor pet service areas. In addition to all other applicable development standards, the following standards shall also apply to outdoor pet service areas: a. Any outdoor recreation area shall be located a minimum of 50 feet from any property line and 500 feet from any residential district or use. In reviewing the Conditional Use request, the Planning and Zoning Commission may reduce the minimum distance from any residential district or use. b. Use of outdoor recreation areas by the animals shall occur no earlier than 7 a.m. and no later than 9 p.m. (6) Park and Rides. An off - street parking facility, publicly owned and operated, designed or intended to provide peripheral collection and parking of vehicles to accommodate commuter traffic into or out of the community. In addition to all other applicable development standards, the following standards shall also apply to a park and rides: RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 96 -07 (Amended) Ordinance No. Page 18 Passed _ , 20. (a) A maximum of one bus passenger shelter not to exceed 50 square feet is permitted. (b) If provided, the design and architecture of shelter must be harmonious with the architectural character of surrounding areas. (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 Industrial District. (1) Intensity of Use. Lot size shall be adequate to provide the yard space required by these development standards and the following provisions: (a) A use allowed in this district shall entirely enclose its primary operation within a structure. Open storage and service areas and loading docks shall be screened by walls or fences at least six feet but not more than 12 feet in height. These walls or fences shall have an opaqueness of 75% or more, so as to effectively conceal production, storage, service and loading operations from adjoining streets and from a residential zoning district or a planned development district as listed in § 153.016. (b) Permitted uses of this district may be developed in accordance with the development standards of § 153.031. (2) Lot width. All lots shall abut a public street for a distance of 100 feet or more and have adequate lot width to provide the yard space required by these development standards. (3) Side yards. For main and accessory structures, including open storage, service and loading areas, the required side yards shall be not less than one -third the sum of the height and depth of the structure, but shall not be less than 50 feet from any residential zoning district as listed in § 153.016, except in accordance with the development standards of § 153.031. (4) Rear yards. For main and accessory structures including open storage, service and loading areas, the required rear yards shall be not less than one -third the sum of the height and width of the structure, but shall not be less than 50 feet from any residential zoning district or planned development district as listed in § 153.016, except in accordance with the development standards of § 153.031. Section 5 . Section 153.033 is hereby amended and shall provide as follows: § 153.033 GENERAL INDUSTRIAL DISTRICT. (A) Permitted use. The following uses shall be permitted in the General Industrial District: (1) Restricted Industrial District. Any permitted use of the Restricted Industrial District shall be permitted in the General Industrial District. (2) Limited Industrial District. Any permitted use of the Limited Industrial District shall be permitted in the General Industrial District. (3) Manufacturing. 2072 Chocolate and cocoa products 2073 Chewing gum 242 Sawmills and planing mills 243 Millwork, veneer, plywood and prefabricated structural wood products 244 Wooden containers 249 Miscellaneous wood products RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. 96 -07 (Amended) Page 19 Passed , 20 312 Industrial leather belting and packing 321 Flat glass 322 Glass and glassware, pressed or blown 325 Structural clay products 326 Pottery and related products 3273 Ready -mixed concrete 328 Cut stone and stone products 332 Iron and steel foundries 339 Miscellaneous primary metal industries 341 Metal cans 342 Cutlery, hand tools and general hardware 343 Heating apparatus (except electric) and plumbing fixtures 344 Fabricated structural metal products 345 Screw machine products, and bolts, nuts, screws, rivets and washers 346 Metal stampings 347 Coating, engraving and allied services 348 Miscellaneous fabricated wire products 349 Miscellaneous fabricated metal products 351 Engines and turbines 352 Farm machinery and equipment 353 Construction, mining and materials handling machinery and equipment 354 Metalworking machinery and equipment 355 Special industry machinery, except metalworking machinery 356 General industrial machinery and equipment 357 Office, computing and accounting machines 358 Service industry machines 359 Miscellaneous machinery, except electrical 361 Electric transmission and distribution 362 Electrical industrial apparatus 363 Household appliances 364 Electric lighting and wiring equipment 365 Radio and television receiving sets, except communication types 366 Communication equipment 367 Electronic components and accessories RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 96 -07 (Amended) Ordinance No. 369 Miscellaneous electrical machinery, equipment and supplies 371 Motor vehicles and motor vehicle equipment Page 20 Passed . 20 372 Aircraft and parts 373 Ship and boat building and repairing 374 Railroad equipment 375 Motorcycles, bicycles and parts 379 Miscellaneous transportation equipment (B) Conditional use. The following uses shall be allowed in the General Industrial District, subject to approval in accordance with § 153.236. (1) Manufacturing. 191 Guns, howitzers, mortars and related equipment 192 Ammunition, except for small arms. 193 Tanks and tank components 194 Sighting and fire control equipment 195 Small arms 196 Small arms ammunition 199 Ordnance and accessories not elsewhere classified 2015 Poultry and small game dressing and packing, wholesale 281 Industrial inorganic and organic chemicals 282 Plastics materials and synthetic resins, synthetic rubber, synthetic and other man- made fibers, except glass 283 Drugs 284 Soap, detergents and cleaning preparations, perfumes, cosmetics and other toilet preparations 285 Paints, varnishes, lacquers, enamels and allied products 286 Gum and wood chemicals 302 Rubber footwear 303 Reclaimed rubber 306 Fabricated rubber products not elsewhere classified 287 Agricultural chemicals 289 Miscellaneous chemical products 291 Petroleum refining 295 Paving and roofing materials (petroleum, asphalt and tar) 299 Miscellaneous products of petroleum and coal 301 Tires and inner tubes 302 Rubber footwear 303 Reclaimed rubber 306 Fabricated rubber products not elsewhere classified RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 96 -07 (Amended) Ordinance No. Passed Page 21 20 307 Miscellaneous plastics products 327 Concrete, gypsum and plaster products 329 Abrasive, asbestos and miscellaneous nonmetallic mineral products 331 Blast furnaces, steel works and rolling and finishing mills 332 Iron and steel foundries 333 Primary smelting and refining of nonferrous metals 334 Secondary smelting and refining of nonferrous metals and alloys 335 Rolling, drawing and extruding of nonferrous metals 339 Miscellaneous primary metal industries 473 Stockyards 5093 Scrap and waste materials 5936 Secondhand automotive tire, battery and accessory dealers (2) Other industrial use. Any other lawful industrial use. (3) Wireless communications facilities as conditional uses in all applicable districts. (4) Outdoor pet service areas. In addition to all other applicable development standards, the following standards shall also apply to outdoor pet service areas: a. Any outdoor recreation area shall be located a minimum of 50 feet from any property line and 500 feet from any residential district or use. In reviewing the Conditional Use request, the Planning and Zoning Commission may reduce the minimum distance from any residential district or use. b. Use of outdoor recreation areas by the animals shall occur no earlier than 7 a.m. and no later than 9 p.m. (5) Park and Rides. An off - street parking facility, publicly owned and operated, designed or intended to provide peripheral collection and parking of vehicles to accommodate commuter traffic into or out of the community. In addition to all other applicable development standards, the following standards shall also apply to a park and rides: (a) A maximum of one bus passenger shelter not to exceed 50 square feet is permitted. (b) If provided, the design and architecture of shelter must be harmonious with the architectural character of surrounding areas. (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 General Industrial District. (1) Intensity of use. Lot size shall be adequate to provide the yard space required by these development standards and the following provisions: (a) A use allowed in this district shall entirely enclose or screen its primary operation, open storage and service areas, and loading docks by walls or fences at least six feet but not more than 12 feet in height. These walls or fences shall have an opaqueness of 75% or more, so as to effectively conceal production, storage, service and loading RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. 96 -07 (Amended) 1 1 1 Passed Page 22 20 operations from adjoining streets and from a residential zoning district or a planned development district as listed in § 153.016. (b) Permitted uses of this district may be developed in accordance with the development standards of § 153.032. (2) Lot width. All lots shall abut a public street for a distance of 100 feet or more and have adequate lot width to provide the yard space required by these development standards. (3) Side yards. For main and accessory structures, including open production, storage, service and loading areas, the required side yards shall be not less than one- third the sum of the height and width of the structure and in no case be less than 100 feet from any residential zoning district or planned development district as listed in § 153.016, except in accordance with the development standards of § 153.032. (4) Rear yards. For main and accessory structures, including open production, storage, service and loading areas, the required rear yards shall be not less than one - third the sum of the height and depth of the structure and in no case be less than 100 feet from any residential zoning district or planned development district as listed in § 153.016, except in accordance with the development standards of § 153.032. Section 6 . Section 153.212 is hereby amended and shall provide as follows: MINIMUM NUMBER OF PARKING SPACES REQUIRED. The minimum number of off - street parking spaces required shall be not less than that as set forth in the following table. Sq. Ft. means square feet ofgross floor area. TYPE OF USE MINIMUM PARKING SPACES One or two - family dwelling 2 /dwelling unit Residential Housing for elderly 1 /dwelling unit All other dwelling units 2.5 /dwelling unit Administrative or business 1/250 sq. ft. Office Medical or dental 1/200 sq. ft. Church 1 /each 30 sq. ft. of sanctuary, auditorium or main place of worship Day or nursery schools 1 /teacher /employee + 1/6 students Elementary schools 2 /classroom + 1/60 sq. ft. of auditorium or assembly hall High school, business, technical 2 /classroom, + 1 for every 20 students for which the Institutional or trade school, college or facility is designed, or 1/60 sq. ft. of auditorium university or assembly hall, whichever is greater Library, museum or art gallery 1/250 sq. ft. + 1 /each employee on largest shift Auditorium, stadium, conference 1/25 sq. ft. center or other place of assembly Hospital 2.5/bed + 1 /each employee on largest shift Nursing home 1/6 beds + 1 /each employee on largest shift Commercial or business service uses, including retail centers less Commercial than 100,000 sq. ft. except as 11150 sq. ft. + 1/200 sq. ft. of storage area otherwise specifically provided for herein RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 96 -07 (Amended) Page 23 Ordinance No. Passed , 20 1 C!� Ll TYPE OF USE MINIMUM PARKING SPA CES Vehicle service station 2 /vehicle service station + requirements for vehicle repair Bank 1/250 sq. ft. + 1 /employee on largest shift Beauty or barber shop 1/200 sq. ft. Pet Care Services (sitting and 1 /10 animals + 1 /each employee on largest shift boarding) Pet Care Services (training and 1/250 sq. ft. grooming) Funeral home 1 1150 sq. ft. + 1/business vehicle Lumber yard, furniture or large 1/200 sq. ft. appliance store 1 /rental unit + 1 /employee on largest shift + 1 1150 sq. Motel or hotel ft. conference or meeting area + required spaces for restaurant and lounge Restaurant, tavern, night club 1150 sq. ft. lounge or dance hall Vehicle sales 1/300 sq. ft. + 1 /1,000 sq. ft. outdoor display area Vehicle repair 1 /100 sq. ft. or 3 /each service bay, whichever is greater Over 100,000 to 500,000 sq. ft. 5' /Z /1,000 sq. ft. Shopping center Over 500,000 sq. ft. 511,000 sq. ft. Bowling alley 5/lane + spaces for restaurants Golf driving range 1 /tee + 1 /employee on largest shift Miniature golf 1' /hole + 1 /employee on largest shift Skating rink (ice or roller) 11300 sq. ft. Entertainment/ Recreation Swimming facility 1/75 sq. ft. + 1/30 sq. ft. of spectator area + 1 /employee on largest shift Theater, auditorium or assembly hall 1/3 patrons based on maximum capacity Fitness and Recreational Sports 1/250 sq. ft. Centers All laboratories and all manufacturing production, I /employee on largest shift + l/ business vehicle fabrication and printing normally on premises operations Up to 20,000 sq. ft. 1 /1,000 sq. ft. Industrial 10,000 to 120,000 sq. ft. 1 15,000 sq. ft. Warehousing l/ business vehicle + Over 120,000 sq. ft. 1 /10,000 sq. ft. Section 7 . 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 RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. 96 -07 (Amended) Page 24 Passed , 20 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. (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. 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 RECORD OF ORDINANCES F - Dayton Legal Blank, Inc. Form No. 30043 96 -07 (Amended) Ordinance No. Page 25 Passed 20, 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. (a) 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. (b) 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. (c) In Residential Districts, swimming pools that are nonconforming by reason of location and setback may be enclosed by an open ornamental or solid fence, not more than four feet high. This fence may be in addition to any other fencing that may exist on the property. This fence may be located within a required setback area, provided that the fence is located at least 10 feet from any other fence on the property or not farther than 10 feet from the edge of the pool. (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. (c) Electrical wiring and equipment shall comply with the National Electrical Code; RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. 96 -07 (Amended) Page 26 Passed , 20 . 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 8. This Ordinance shall take effect on the earliest date provided by law. Passed this day of , 2008. In Mayor — Presiding Officer ATTEST: Clerk of Council Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 CrrY OF DUBLIN_ Phone: 614 -410 -4400 • Fax: 614- 410 -4490 To: Members of City Council From: Jane S. Brautigam, City Manager Date: December 21, 2007 Initiated By: Steve Langworthy, Director, Land Use & Long Range Planning Memo Re: Ordinance 96- 07(amended) - Amending Sections 153.026, 153.028, 153.031, 153.032, 153.033, 153.212, and 153.074 of the Dublin Codified Ordinances (Zoning Code) regarding Fitness Uses, Pet Care Services, Park and Rides, Parking Requirements and Swimming Pool Fences (Case No. 07- 110ADM) Request The purpose of this Code modification is to address uses not currently provided for in the Zoning Code, including pet care services, fitness uses and park and rides. The proposed Code modification also proposes language to address swimming pool fences for lots with swimming pools that have non - conforming setbacks and an existing fence. Recommendation of Planning and Zoning Commission The Planning and Zoning Commission recommended approval of the Code changes with modifications at its work session on November 15, 2007. The Commissioners modified the proposed language to require outdoor pet care service to be located at least 500 feet from a residential district or use unless a lesser distance was approved by the Commission. City Council First Reading This ordinance was introduced to City Council at the December 10, 2007 meeting and a revision was requested to require a conditional use approval for park and ride transfer stations and terminals. Additionally, fitness uses within the Community Commercial District have been made conditional uses when larger than 15,000 square feet in gross floor area All fitness uses are proposed as permitted uses within the Industrial Districts and as conditional uses within the Suburban Office and Institutional District. Description of Amendment Pet Care Services The proposed Code modification allows pet grooming, sitting, and training as a permitted use within the Community Commercial District. The same uses, to include boarding, are permitted uses in all Industrial Districts. Pet services are proposed as a conditional use within the Suburban Office and Institutional District. Outdoor areas associated with pet care services will be required to receive a conditional use within the Industrial Districts. All facilities must be located at least 250 feet from a residential zoning district. Memo to City Council - Ord 96 -07 Zoning Code Amendment - Fences December 21, 2007 Page 2 Fitness and Recreational Snorts Centers Currently, the Zoning Code does not explicitly permit fitness - related uses. The proposed Code modification will allow fitness - related uses as permitted uses within the Industrial Districts. They are also a permitted use in the Community Commercial District if less than 15,000 square feet in gross floor area and a conditional use if greater than 15,000 square feet. Conditional use approval is required in the Suburban Office and Institutional District. Park and Rides This use provides parking facilities intended to facilitate transit and rideshare use. Park and rides are proposed as a permitted use in the Community Commercial, Suburban Office and Institutional, and the Industrial District. A change was made to require a conditional use for any transit center or transfer station within these districts. Additionally, any buildings associated with a park and ride must be harmonious with the architectural character of surrounding areas. Parking Requirements for the Proposed New Uses Parking requirements have been added for the new uses. For pet care services, one (1) space per 10 animals, plus one (1) per employee on the largest shift for pet care services (sitting and boarding), and one (1) space per 250 square feet of gross floor area for training and grooming. Fitness and Recreational Sports Centers will require one (1) space per 250 square feet of gross floor area. Swimming Pool Fences The proposed Code modification allows swimming pools with non - conforming setbacks to be enclosed by a fence no more than four feet high. The permitted fence may be in addition to any other fence already located on the property. Recommendation Staff recommends approval of Ordinance 96- 07(amended) at the second reading/public hearing on January 2, 2008. Note: No deleted text. Proposed added text is underlined PROPOSED CODE CHANGE § 153.026 SUBURBAN OFFICE AND INSTITUTIONAL DISTRICT. (A) Permitted use. The following uses shall be permitted in the Suburban Office and Institutional District: (1) Residential. Dwellings ancillary to permitted institutional uses. (2) Administrative and business. Administrative offices primarily engaged in general administration, supervision, purchasing, accounting and other management functions. Business offices carrying on no retail trade with the general public and having no stock of goods maintained for sale to customers. 602 Commercial and stock savings banks 603 Mutual savings banks 604 Trust companies not engaged in deposit banking 605 Establishments performing functions closely related to banking 611 Rediscount and financing institutions for credit agencies other than banks 612 Savings and loan associations 613 Agricultural credit institutions 614 Personal credit institutions 615 Business credit institutions 616 Loan correspondents and brokers 621 Security brokers, dealers and flotation companies 622 Commodity contracts brokers and dealers 623 Security and commodity exchanges 628 Services allied with the exchange of securities or commodities 631 Life insurance 632 Accident and health insurance 633 Fire, marine and casualty insurance 635 Surety insurance 636 Title insurance Page 1 of 30 Note: No deleted text. Proposed added text is underlined PROPOSED CODE CHANGE 639 Insurance carriers, not elsewhere classified 641 Insurance agents, brokers and service 651 Real estate operators (except developers) and lessors 653 Agents, brokers and managers 654 Title abstract companies 655 Subdividers and developers 656 Operative builders 661 Combinations of real estate, insurance, loans, law offices 671 Holding companies 672 Investment companies 673 Trusts 679 Miscellaneous investing institutions (3) Professional. Professional offices engaged in providing tangible and intangible services to the general public, involving both persons and their possessions. 801 Offices of physicians and surgeons 802 Offices of dentists and dental surgeons 803 Offices of osteopathic physicians 804 Offices of chiropractors 807 Medical and dental laboratories 809 Health and allied services 811 Legal services 891 Engineering and architectural services 893 Accounting, auditing and bookkeeping services 899 Services (professional) not elsewhere classified (4) Institutions. Institutions providing social, cultural, educational and health services to member agencies, organizations and individuals or to the general public. Page 2 of 30 Note: No deleted text. Proposed added text is underlined PROPOSED CODE CHANGE 806 Hospitals 821 Elementary and secondary schools 822 Colleges, universities, professional schools, junior colleges and normal schools 823 Libraries 841 Museums and art galleries 866 Religious organizations (5) Organizations and associations. Organizations and associations, organized on profit - making or nonprofit- making basis, for the promotion of membership interests. 861 Business associations 862 Professional membership organizations 863 Labor unions and similar labor organizations 864 Civic, social and fraternal associations 865 Political organizations 867 Charitable organizations 869 Nonprofit membership organizations, not elsewhere classified. (6) Park and Rides. An off - street parking facilitv, publicly owned and operated, designed or intended to provide peripheral collection and parking of vehicles to accommodate commuter traffic into or out of the community, including accessory structures such as bus passenger shelters. (B) Conditional use. The following uses shall be allowed in the Suburban Office and Institutional District subject to approval in accordance with § 153.236. (1) Auto - oriented commercial facilities or outdoor service facilities. Auto- oriented commercial facilities or outdoor service facilities developed in association with a permitted use. (2) Personal services. Personal services generally involving the care of the person or his apparel. 722 Photographic studios, including commercial photography 723 Beauty shops 724 Barber shops Page 3 of 30 Note: No deleted text. Proposed added text is underlined PROPOSED CODE CHANGE 726 Funeral service and crematories (3) Educational and research. Educational and research establishments engaged in providing tangible and intangible services to members or the general public. 7391 Research, development and testing laboratories 8242 Vocational schools 829 School and educational services not elsewhere classified 892 Nonprofit educational and scientific research agencies (4) Food and lodging. Food and lodging includes commercial establishments and institutions engaged in furnishing lodging and meals on a fee basis. 581 Eating and drinking places 702 Rooming and boarding houses 704 Organization hotels and lodging houses on membership basis (5) Exceptional uses. 0722 Offices of veterinarians and animal hospitals Pet grooming services Pet sitting services Pet training services The facilitv providing net care services shall not include an outdoor recreation area and shall not be located less than 250 feet from any residential district or use. (6) Wireless communications facilities as conditional uses in all applicable districts. (7) Fitness and Recreational Sports Centers. Phvsical fitness centers Exercise centers Health club facilities Recreational sports club facilities Gymnasiums Page 4 of 30 Note: No deleted text. Proposed added text is underlined PROPOSED CODE CHANGE (8) Park and ride terminals and transfer stations. In addition to all other applicable development standards, the following standards shall also annly to Park and ride terminals and transfer stations: a. The design and architecture of terminals and transfer stations must be harmonious with the architectural character of surrounding areas. (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 Suburban Office and Institutional District. (1) Intensity of use. No minimum lot size is required; however, lot size shall be adequate to provide the yard space required by these development standards. One or more main buildings or permitted uses may be placed on a lot; however, main and accessory structures shall not occupy more than 50% of a lot, nor in total gross floor area exceed 80% of the lot area. (2) Lot width. No minimum lot width is required; however, all lots shall abut a street and have adequate width to provide the yard space required by these development standards. (3) Side yard. A side yard shall be required adjacent to a residential zoning district or planned development zoning district as listed in § 153.016. Such required side yards shall be not less than one -fourth the sum of the height of the structure and the length of the wall most nearly parallel to side lot line, but in no case shall the side yard be less than 15 feet. (4) Rear yard. A rear yard shall be required adjacent to a residential zoning district or a planned development zoning district as listed in § 153.016. These required rear yards shall be not less than '/4 the sum of the height of the structure and the length of the wall most nearly parallel to rear lot line, but in no case shall the rear yard be less than 15 feet, except when adjacent to a dedicated alley of not less than 20 feet. Page 5 of 30 Note: No deleted text. Proposed added text is underlined PROPOSED CODE CHANGE § 153.028 COMMUNITY COMMERCIAL DISTRICT. (A) Permitted use. The following uses shall be permitted in the Community Commercial District: (1) Retail stores. Retail stores primarily engaged in selling merchandise for personal or household consumption and rendering services incidental to the sale of the goods, including the buying or processing of goods for resale. (a) General merchandise. 5251 Hardware stores 531 Department stores 532 Mail order houses 533 Limited price variety stores 539 Miscellaneous general merchandise stores (b) Food. 541 Grocery stores 542 Meat and fish (sea food) markets 543 Fruit stores and vegetable markets 544 Candy, nut and confectionery stores 545 Dairy products stores 546 Retail bakeries 549 Miscellaneous food stores (c) Automobile sales. 551 Motor vehicle dealers (new and used cars) 552 Motor vehicle dealers (used cars only) 553 Tire, battery and accessory dealers (without installations) 559 Miscellaneous aircraft, marine and automotive dealers (d) Building materials. Page 6 of 30 Note: No deleted text. Proposed added text is underlined PROPOSED CODE CHANGE 521 Lumber and other building materials dealers 522 Heating and plumbing equipment dealers 524 Electrical supply stores 525 Hardware and farm equipment (e) Apparel. 561 Men's and boys' clothing and furnishings stores 562 Women's accessory and specialty stores 563 Women's ready -to -wear stores 564 Children's and infants' wear stores 565 Family clothing stores 566 Shoe stores 567 Custom tailors 568 Furriers and fur shops 569 Miscellaneous apparel and accessory stores (f) Home furnishings. 571 Furniture, home furnishings and equipment stores 572 Household appliance stores 573 Radio, television and music stores (g) Food and lodging. Food and lodging includes commercial establishments, and institutions engaged in furnishing lodging and meals on a fee basis. 581 Eating and drinking places 7013 Motels 702 Rooming and boarding houses (h) Miscellaneous retail. 591 Drug stores and proprietary stores 592 Liquor stores Page 7 of 30 Note: No deleted text. Proposed added text is underlined PROPOSED CODE CHANGE 593 Antique stores and secondhand stores 594 Book and stationery stores 595 Sporting goods stores and bicycle shops 597 Jewelry stores 5992 Florists 5993 Cigar stores and stands 5994 News dealers and news stands 5996 Camera and photographic supply stores 5997 Gift, novelty and souvenir shops 5998 Optical goods stores 5999 Miscellaneous retail stores, not elsewhere classified. (2) Administrative, Business and Professional Offices. Administrative offices primarily engaged in general administration, supervision, purchasing, accounting and other management functions. Business offices carrying on no retail trade with the general public and having no stock of goods maintained for sale to customers. Professional offices engaged in providing tangible and intangible services to the general public, involving both persons and possessions. (a) Finance. 602 Commercial and stock savings banks 603 Mutual savings banks 604 Trust companies not engaged in deposit banking 605 Establishments performing functions closely related to banking 612 Savings and loan associations 613 Agricultural credit institutions 614 Personal credit institutions 615 Business credit institutions 616 Loan correspondents and brokers Page 8 of 30 Note: No deleted text. Proposed added text is underlined PROPOSED CODE CHANGE 671 Holding companies 672 Investment companies 673 Trusts 679 Miscellaneous investing institutions (b) Insurance carriers. 631 Life insurance 632 Accident and health insurance 633 Fire, marine and casualty insurance 635 Surety insurance 636 Title insurance 639 Insurance carriers not elsewhere classified (c) Insurance agents. 641 Insurance agents, brokers and service (d) Real estate. 651 Real estate operators (except developers) and lessors 653 Agents, brokers and managers 654 Title abstract companies 655 Subdividers and developers 656 Operative builders 661 Combinations of real estate, insurance, loans, law offices (e) Business services. 731 Advertising 733 Duplicating, addressing, blueprinting, photocopying, mailing, mailing list, and stenographic services 734 Services to dwellings and other buildings 739 Business services not elsewhere classified Page 9 of 30 Note: No deleted text. Proposed added text is underlined PROPOSED CODE CHANGE (f) Repair services. 762 Electrical repair shops 763 Watch, clock and jewelry repair 764 Reupholstery and furniture repair 769 Miscellaneous repair shops and related services (g) Professional. 801 Offices of physicians and surgeons 802 Offices of dentists and dental surgeons 803 Offices of osteopathic physicians 804 Offices of chiropractors 807 Medical and dental laboratories 8099 Health and allied services not elsewhere classified 811 Legal services 891 Engineering and architectural services 893 Accounting, auditing and bookkeeping services (3) Personal and consumer services. Personal services generally involving the care of the person or his personal effects. Consumer services generally involving the care and maintenance of tangible property or the provision of intangible services for personal consumption. (a) Personal. 722 Photographic studios, including commercial photography 723 Beauty shops 724 Barber shops 725 Shoe repair shops, shoe shine parlors and hat cleaning shops 726 Funeral service 727 Pressing, alteration and garment repair Page 10 of 30 Note: No deleted text. Proposed added text is underlined PROPOSED CODE CHANGE 729 Miscellaneous personal services (b) Business. 731 Advertising 732 Consumer credit reporting agencies, mercantile reporting agencies, and adjustment and collecting agencies 733 Duplicating, addressing blueprinting, photocopying, mailing, mailing list and stenographic services 735 News syndicates 736 Private employment 739 Business services not elsewhere classified (except 7391 - research, development and testing laboratories (see 1159. 02(c)(1)) (c) Fitness and Recreational Sports Centers. Physical fitness centers Exercise centers Health club facilities Recreational sports club facilities Gvmnasiums In addition to all other applicable development standards, the facility providing fitness and recreational sports shall be limited to less than 15.000 square feet of gross floor area. (d) Pet Care (except heterinary and Kennel) Services. Pet grooming services Pet sitting services Pet training services The facilitv providing pet care services shall not include an outdoor recreation area and shall not be located less than 250 feet from anv residential district or use. (4) Sexually oriented business establishment. A commercial establishment including adult cabaret, adult store, or adult theater primarily engaged in persons who appear Page 11 of 30 Note: No deleted text. Proposed added text is underlined PROPOSED CODE CHANGE nude /semi -nude, live performances, films or other visual representations, adult booths, or sale or display of adult material. (a) In addition to all other applicable development standards, no person shall operate, locate, or permit the location of a sexually oriented business establishment within 750 feet (as measured from property line to property line) of any residential use or district, school, preschool, daycare, place of worship, park, library, federal, state, county, township or city building, cemetery, or other civic use or public use (within the City of Dublin or other municipality). (b) No person shall operate, locate, or permit the location of a sexually oriented business within 750 feet (as measured from property line to property line) of another sexually oriented business establishment. (Ord. 72 -99, passed 7- 19 -99; Am. Ord. 68 -99, passed 9 -5 -00) (5) Park and Rides. An off - street parking facility, publicly owned and operated, designed or intended to provide peripheral collection and parking of vehicles to accommodate commuter traffic into or out of the community, including accessory structures such as bus passenger shelters. (B) Conditional use. The following uses shall be allowed in the Community Commercial District, subject to approval in accordance with § 153.236. (1) Auto - oriented commercial facilities or outdoor service facilities. Auto - oriented service facilities or outdoor service facility developed independently or in association with a permitted use. (2) Residential. Living quarters as an integral part of apermitted use structure. (3) Consumer services. Consumer services generally involving the care and maintenance of tangible property or the provision of intangible services for personal consumption. (a) Recreation. 7831 Motion picture theaters 7911 Dance halls, studios and schools 7921 Theatrical producers, except motion pictures, bands, orchestras and entertainers (theater) 7931 Bowling, billiards and pool 7944 Swimming pools 7945 Skating rinks Page 12 of 30 Note: No deleted text. Proposed added text is underlined PROPOSED CODE CHANGE Fitness and Recreational Sports Centers of 15,000 square feet or more of gross floor area, including: Phvsical fitness centers Exercise centers Health club facilities Recreational sports club facilities Gvnmasiums Mechanical or electrically operated amusement devices as defined in § 112.15 may be operated in connection with the recreation uses listed herein subject to the provisions of §§ 112.15 et seq. (b) Automotive. 751 Automotive rentals, without drivers (4) Offices of veterinarians and animal hospitals. 0722 Offices of veterinarians and animal hospitals (5) Large format retail. Any retail or wholesale use of 20,000 square feet or more of gross floor area. (6) Wireless communications facilities as conditional uses in all applicable districts. (7) Park and ride terminals and transfer stations. In addition to all other applicable development standards, the following standards shall also apply to Park and ride terminals and transfer stations: a. The design and architecture of terminals and transfer stations must be harmonious with the architectural character of surrounding areas. (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 Community Commercial District. (1) Intensity of use. No minimum lot size is required; however, lot size shall be adequate to provide the yard space required by these development standards and the following provisions: (2) Lot width. No minimum lot width is required; however, all lots shall abut a street and have adequate width to provide the yard space required by these development standards. Page 13 of 30 Note: No deleted text. Proposed added text is underlined PROPOSED CODE CHANGE (3) Side yard. A side yard shall be required adjacent to a residential zoning district or planned residential zoning district as listed in § 153.016. These required side yards shall be not less than one -fourth the sum of the height and depth of the building, but in no case shall be less than 15 feet. (4) Rear yard. A rear yard shall be required adjacentto a residential zoning district or a planned residential zoning district as listed in § 153.016. These required rear yards shall be not less than one -fourth the sum of the height and width of the building, except when adjacent to a dedicated alley of not less than 20 feet. A use to be serviced from the rear shall have a service court, alleyway or combination thereof not less than 40 feet wide. Page 14 of 30 Note: No deleted text. Proposed added text is underlined PROPOSED CODE CHANGE § 153.031 RESTRICTED INDUSTRIAL DISTRICT. (A) Permitted use. The following uses shall be permitted in the Restricted Industrial District: (1) Manufacturing. 204 Canning and preserving fruits, vegetables and sea foods (except canned and cured sea foods and fresh or frozen packaged fish) 205 Bakery products 2071 Candy and other confectionery products 231 Men's, youths' and boys' suits, coats and overcoats 232 Men's, youths' and boys' furnishings, work clothing and allied garments 233 Women's, misses' and juniors' outerwear 234 Women's, misses', children's and infants' undergarments 235 Hats, caps and millinery 236 Girl's, children's and infants' outerwear 237 Fur goods 238 Miscellaneous apparel and accessories 239 Miscellaneous fabricated textile products. 271 Newspapers: publishing, publishing and printing 272 Periodicals: publishing, publishing and printing 273 Books 274 Miscellaneous publishing 275 Commercial printing 276 Manifold business forms manufacturing 277 Greeting card manufacturing 278 Bookbinding and related industries Page 15 of 30 Note: No deleted text. Proposed added text is underlined PROPOSED CODE CHANGE 279 Service industries for the printing trade 283 Drugs 314 Footwear, except rubber 315 Leather gloves and mittens 316 Luggage 317 Handbags and other personal leather goods 323 Glass products, made of purchased glass 366 Communication equipment 367 Electronic components and accessories 381 Engineering, laboratory and scientific and research instruments and associated equipment 382 Instruments for measuring, controlling and indicating physical characteristics 383 Optical instruments and lenses 384 Surgical, medical and dental instruments and supplies 385 Ophthalmic goods 386 Photographic equipment and supplies 387 Watches, clocks, clockwork operated devices and parts 391 Jewelry, silverware and plated ware (2) Wholesaling. 502 Drugs, chemicals and allied products 503 Dry goods and apparel 504 Groceries and - related products 506 Electrical goods 507 Hardware and plumbing and heating equipment and supplies 508 Machinery, equipment and supplies 5094 Tobacco and its products Page 16 of 30 Note: No deleted text. Proposed added text is underlined PROPOSED CODE CHANGE 5095 Beer, wine and distilled alcoholic beverages 5096 Paper and its products 5097 Furniture and home furnishings (3) Fitness and Recreational Sports Centers. Phvsical fitness centers Exercise centers Health club facilities Recreational sports club facilities Gymnasiums (4) Pet Care (except Veterinarv) Services. Pet grooming services Pet sitting services Pet training services Pet boarding services In addition to all other aeelicable develonment standards. the following standards shall also apply to these services: a. The structure housing the animals shall be completely enclosed. b. The structure housing the animals shall be located a minimum of 50 feet from anv property line and 250 feet from anv residential district or use. 5) Park and Rides. An off - street narking facility. Dubliclv owned and operated. designed or intended to provide peripheral collection and parking of vehicles to accommodate commuter traffic into or out of the community. including accessory structures such as bus passenger shelters. (B) Conditional use. The following uses shall be allowed in the Restricted Industrial District, subject to approval in accordance with § 153.236. (1) Laboratories. 7391 Research, development and testing laboratories Page 17 of 30 Note: No deleted text. Proposed added text is underlined PROPOSED CODE CHANGE (2) Other industry. Permitted uses of the Limited Industrial District developed in accordance with the provisions of this district. (3) Wireless communications facilities as conditional uses in all applicable districts. (4) Administrative offices. Administrative offices primarily engaged in general administrative supervision, purchasing, accounting and other management functions developed in accordance with the provisions of this district. (5) Outdoor net service areas. In addition to all other applicable development standards, the following standards shall also annly to outdoor net service areas: a. Anv outdoor recreation area shall be located a minimum of 50 feet from anv nronerty line and 500 feet from anv residential district or use. In reviewing the Conditional Use request, the Planning and Zoning Commission may reduce the minimum distance from any residential district or use. b. Use of outdoor recreation areas by the animals shall occur no earlier than 7 a.m. and no later than 9 p.m. (6) Park and ride terminals and transfer stations. In addition to all other applicable development standards, the following standards shall also annly to Park and ride terminals and transfer stations: a. The design and architecture of terminals and transfer stations must be harmonious with the architectural character of surroundine areas. (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 Industrial District. (1) Intensity of use. Lot size shall be adequate to provide the yard space required by these development standards and the following provisions: (a) A use allowed in this district shall operate entirely within an enclosed structure, emitting no dust, smoke, noxious odor or fumes outside this structure, and producing a noise level audible at property line no greater than the average noise level occurring on any adjacent street. (b) Open service areas and loading docks shall be screened by walls or fences at least six feet but not more than eight feet in height. These walls or fences shall have an opaqueness of 75% or more, so as to effectively conceal service and loading operations from adjoining Page 18 of 30 Note: No deleted text. Proposed added text is underlined PROPOSED CODE CHANGE streets and from a residential zoning district or a planned development district as listed in § 153.016. (2) Lot width. All lots shall abut a public street and have adequate lot width to provide the yard space required by these development standards. (3) Side yards. For main and accessory structures, including open service and loading areas, the required side yards shall not be less than one -third the sum of the height and depth of the structure, but in no case shall be less than 15 feet from the interior lot line and 25 feet from any residential zoning district or planned development district as listed in § 153.016. (4) Rear yards. For main and accessory structures, the required rear yards shall be not less than one -third the sum of the height and width of the structure, but in no case shall be less than 15 feet from any interior lot line and 25 feet from any residential zoning district or planned development district as listed in § 153.016. Page 19 of 30 Note: No deleted text. Proposed added text is underlined PROPOSED CODE CHANGE § 153.032 LIMITED INDUSTRIAL DISTRICT. (A) Permitted use. The following uses shall be permitted in the Limited Industrial District: (1) ,1?-4 _._ a +_ Restricted Industrial District. Any permitted use of the Restricted Industrial District shall be permitted in the Limited Industrial District. (2) Manufacturing. 2013 Sausages and other prepared meat products 202 Dairy products 204 Grain mill products 208 Beverage industries 221 Broad woven fabric mills, cotton 222 Broad woven fabric mills, man -made fiber and silk 223 Broad woven fabric mills, wool: including dyeing and finishing 224 Narrow fabrics and other small wares mills: cotton, wool, silk, and man -made fiber 225 Knitting mills 226 Dyeing and finishing textiles, except wool fabrics and knit goods 227 Floor covering mills 228 Yarn and thread mills 229 Miscellaneous textile goods 251 Household furniture 252 Office furniture 253 Public building and related furniture 254 Partitions, shelving, lockers and office and store fixtures 259 Miscellaneous furniture and fixtures 264 Converted paper and paperboard products, except containers and boxes 265 Paperboard containers and boxes Page 20 of 30 Note: No deleted text. Proposed added text is underlined PROPOSED CODE CHANGE 313 Boot and shoe cut stock and findings 319 Leather goods not elsewhere classified 336 Nonferrous foundries 3444 Sheet metal work 3591 Machine shops, jobbing and repair 363 Household appliances 364 Electric lighting and wiring equipment 369 Miscellaneous electrical machinery, equipment and supplies 393 Musical instruments and parts 394 Toys, amusements, sporting and athletic goods 395 Pens, pencils and other office and artists' materials 396 Costume jewelry, costume novelties, buttons and miscellaneous notions, except precious metal 398 Miscellaneous manufacturing industries 399 Manufacturing industries not elsewhere classified (3) Warehousing, wholesaling and transportation services. 401 Railroads 402 Sleeping car and other passenger car service 404 Railway express service 421 Trucking, local and long distance 422 Public warehousing 423 Terminal and joint terminal maintenance facilities for motor freight transportation 471 Freight forwarding 472 Arrangement of transportation 474 Rental of railroad cars 478 Miscellaneous services incidental to transportation Page 21 of 30 Note: No deleted text. Proposed added text is underlined PROPOSED CODE CHANGE 501 Motor vehicles and automotive equipment 502 Drugs, chemicals and allied products 503 Dry goods and apparel 504 Groceries and related products 505 Farm products - raw materials 506 Electrical goods 507 Hardware, and plumbing and heating equipment and supplies 508 Machinery, equipment and supplies 509 Miscellaneous wholesalers (except scrap and waste materials) (4) Service industries. 151 General building contractors 161 Highway and street construction, except elevated highways 162 Heavy construction, except highway and street construction 171 Plumbing, heating and air conditioning 172 Painting, paperhanging, and decorating 173 Electrical work 174 Masonry, stonework, tile setting and plastering 175 Carpentry and wood flooring 176 Roofing and sheet metal work 177 Concrete work 178 Water well drilling 179 Miscellaneous special trade contractors. (B) Conditional use. The following uses shall be allowed in the Limited Industrial District, subject to approval in accordance with § 153.236. (1) General Industrial District. Any permitted use of the General Industrial District developed in accordance with the development standards of this district. Page 22 of 30 Note: No deleted text. Proposed added text is underlined PROPOSED CODE CHANGE (2) Commercial establishments. Commercial establishments normally associated with and intended to serve the industrial establishments or their employees. 581 Eating and drinking places 602 Commercial and stock savings banks 612 Savings and loan associations 614 Personal credit institutions 615 Business credit institutions 801 Offices of physicians and surgeons 802 Offices of dentists and dental surgeons 803 Offices of osteopathic physicians 807 Medical and allied services 891 Engineering and architectural services 893 Accounting, auditing and bookkeeping services (3) Administrative offices. Administrative offices primarily engaged in general administrative supervision, purchasing, accounting and other management functions. (4) Personal and consumer services. Personal services generally involving the care and maintenance of tangible property or the provision of intangible services for personal consumption intended to serve the industrial establishments or their employees. (a) Personal. 723 Beauty shops 724 Barber shops 725 Shoe repair shops, shoe shine parlors and hat cleaning shops 727 Pressing, alterations and garment repair 729 Miscellaneous personal services (b) Business. 731 Advertising Page 23 of 30 Note: No deleted text. Proposed added text is underlined PROPOSED CODE CHANGE 732 Consumer credit reporting agencies, mercantile reporting agencies and adjustment and collecting agencies 733 Duplicating, addressing blueprinting, photocopying, mailing, mailing list and stenographic services 736 Private employment agencies 739 Business services not elsewhere classified (except research, development and testing laboratories (see § 153.026(B)(3)(a)) (5) Outdoor net service areas. In addition to all other applicable development standards, the following standards shall also apply to outdoor net service areas: a. Anv outdoor recreation area shall be located a minimum of 50 feet from anv pronerty line and 500 feet from anv residential district or use. In reviewing the Conditional Use request, the Planning and Zoning Commission may reduce the minimum distance from anv residential district or use. b. Use of outdoor recreation areas by the animals shall occur no earlier than 7 a.m. and no later than 9 p.m. (6) Park and ride terminals and transfer stations. In addition to all other applicable development standards, the following standards shall also annly to Park and ride terminals and transfer stations: a. The design and architecture of terminals and transfer stations must be harmonious with the architectural character of surrounding areas. (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 Industrial District. (1) Intensity of Use. Lot size shall be adequate to provide the yard space required by these development standards and the following provisions: (a) A use allowed in this district shall entirely enclose its primary operation within a structure. Open storage and service areas and loading docks shall be screened by walls or fences at least six feet but not more than 12 feet in height. These walls or fences shall have an opaqueness of 75% or more, so as to effectively conceal production, storage, service and loading operations from adjoining streets and from a residential zoning district or a planned development district as listed in § 153.016. Page 24 of 30 Note: No deleted text. Proposed added text is underlined PROPOSED CODE CHANGE (b) Permitted uses of this district may be developed in accordance with the development standards of § 153.031. (2) Lot width. All lots shall abut a public street for a distance of 100 feet or more and have adequate lot width to provide the yard space required by these development standards. (3) Side yards. For main and accessory structures, including open storage, service and loading areas, the required side yards shall be not less than one -third the sum of the height and depth of the structure, but shall not be less than 50 feet from any residential zoning district as listed in § 153.016, except in accordance with the development standards of § 153.031. (4) Rear yards. For main and accessory structures including open storage, service and loading areas, the required rear yards shall be not less than one -third the sum of the height and width of the structure, but shall not be less than 50 feet from any residential zoning district or planned development district as listed in § 153.016, except in accordance with the development standards of § 153.031. Page 25 of 30 Note: No deleted text. Proposed added text is underlined PROPOSED CODE CHANGE § 153.033 GENERAL INDUSTRIAL DISTRICT. (A) Permitted use. The following uses shall be permitted in the General Industrial District: (1) Restricted Industrial District. Any permitted use of the Restricted Industrial District shall be permitted in the General Industrial District. (2) Limited Industrial District. Any permitted use of the Limited Industrial District shall be permitted in the General Industrial District. (3) Manufacturing. 2072 Chocolate and cocoa products 2073 Chewing gum 242 Sawmills and planing mills 243 Millwork, veneer, plywood and prefabricated structural wood products 244 Wooden containers 249 Miscellaneous wood products 312 Industrial leather belting and packing 321 Flat glass 322 Glass and glassware, pressed or blown 325 Structural clay products 326 Pottery and related products 3273 Ready -mixed concrete 328 Cut stone and stone products 332 Iron and steel foundries 339 Miscellaneous primary metal industries 341 Metal cans 342 Cutlery, hand tools and general hardware 343 Heating apparatus (except electric) and plumbing fixtures Page 26 of 30 Note: No deleted text. Proposed added text is underlined PROPOSED CODE CHANGE 344 Fabricated structural metal products 345 Screw machine products, and bolts, nuts, screws, rivets and washers 346 Metal stampings 347 Coating, engraving and allied services 348 Miscellaneous fabricated wire products 349 Miscellaneous fabricated metal products 351 Engines and turbines 352 Farm machinery and equipment 353 Construction, mining and materials handling machinery and equipment 354 Metalworking machinery and equipment 355 Special industry machinery, except metalworking machinery 356 General industrial machinery and equipment 357 Office, computing and accounting machines 358 Service industry machines 359 Miscellaneous machinery, except electrical 361 Electric transmission and distribution 362 Electrical industrial apparatus 363 Household appliances 364 Electric lighting and wiring equipment 365 Radio and television receiving sets, except communication types 366 Communication equipment 367 Electronic components and accessories 369 Miscellaneous electrical machinery, equipment and supplies 371 Motor vehicles and motor vehicle equipment 372 Aircraft and parts Page 27 of 30 Note: No deleted text. Proposed added text is underlined PROPOSED CODE CHANGE 373 Ship and boat building and repairing 374 Railroad equipment 375 Motorcycles, bicycles and parts 379 Miscellaneous transportation equipment (B) Conditional use. The following uses shall be allowed in the General Industrial District, subject to approval in accordance with § 153.236. (1) Manufacturing. 191 Guns, howitzers, mortars and related equipment 192 Ammunition, except for small arms. 193 Tanks and tank components 194 Sighting and fire control equipment 195 Small arms 196 Small arms ammunition 199 Ordnance and accessories not elsewhere classified 2015 Poultry and small game dressing and packing, wholesale 281 Industrial inorganic and organic chemicals 282 Plastics materials and synthetic resins, synthetic rubber, synthetic and other man- made fibers, except glass 283 Drugs 284 Soap, detergents and cleaning preparations, perfumes, cosmetics and other toilet preparations 285 Paints, varnishes, lacquers, enamels and allied products 286 Gum and wood chemicals 287 Agricultural chemicals 289 Miscellaneous chemical products 291 Petroleum refining Page 28 of 30 Note: No deleted text. Proposed added text is underlined PROPOSED CODE CHANGE 295 Paving and roofing materials (petroleum, asphalt and tar) 299 Miscellaneous products of petroleum and coal 301 Tires and inner tubes 302 Rubber footwear 303 Reclaimed rubber 306 Fabricated rubber products not elsewhere classified 307 Miscellaneous plastics products 327 Concrete, gypsum and plaster products 329 Abrasive, asbestos and miscellaneous nonmetallic mineral products 331 Blast furnaces, steel works and rolling and finishing mills 332 Iron and steel foundries 333 Primary smelting and refining of nonferrous metals 334 Secondary smelting and refining of nonferrous metals and alloys 335 Rolling, drawing and extruding of nonferrous metals 339 Miscellaneous primary metal industries 473 Stockyards 5093 Scrap and waste materials 5936 Secondhand automotive tire, battery and accessory dealers (2) Other industrial use. Any other lawful industrial use. (3) Wireless communications facilities as conditional uses in all applicable districts. (4) Outdoor pet service areas. In addition to all other applicable development standards, the following standards shall also apply to outdoor pet service areas: c. Anv outdoor recreation area shall be located a minimum of 50 feet from anv property line and 500 feet from anv residential district or use. In reviewing the Conditional Use request, the Planning and Zoning Page 29 of 30 Note: No deleted text. Proposed added text is underlined PROPOSED CODE CHANGE Commission may reduce the minimum distance from anv residential district or use. d. Use of outdoor recreation areas by the animals shall occur no earlier than 7 a.m. and no later than 9 P.M. (5) Park and ride terminals and transfer stations. In addition to all other applicable development standards, the following standards shall also apply to Park and ride terminals and transfer stations: b. The design and architecture of terminals and transfer stations must be harmonious with the architectural character of surrounding areas. (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 General Industrial District. (1) Intensity of use. Lot size shall be adequate to provide the yard space required by these development standards and the following provisions: (a) A use allowed in this district shall entirely enclose or screen its primary operation, open storage and service areas, and loading docks by walls or fences at least six feet but not more than 12 feet in height. These walls or fences shall have an opaqueness of 75% or more, so as to effectively conceal production, storage, service and loading operations from adjoining streets and from a residential zoning district or a planned development district as listed in § 153.016. (b) Permitted uses of this district may be developed in accordance with the development standards of § 153.032. (2) Lot width. All lots shall abut a public street for a distance of 100 feet or more and have adequate lot width to provide the yard space required by these development standards. (3) Side yards. For main and accessory structures, including open production, storage, service and loading areas, the required side yards shall be not less than one -third the sum of the height and width of the structure and in no case be less than 100 feet from any residential zoning district or planned development district as listed in § 153.016, except in accordance with the development standards of § 153.032. (4) Rear yards. For main and accessory structures, including open production, storage, service and loading areas, the required rear yards shall be not less than one -third the sum of the height and depth of the structure and in no case be less than 100 feet from any residential zoning district or planned development district as listed in § 153.016, except in accordance with the development standards of § 153.032. Page 30 of 30 Note: No deleted text. Proposed added text is underlined PROPOSED CODE CHANGE § 153.212 MINIMUM NUMBER OF PARKING SPACES REQUIRED. The minimum number of off - street parking spaces required shall be not less than that as set forth in the following table: Sq. Ft. means square feet of gross floor area TYPE OF USE MINIMUMPARKING SPACES One or two- family dwelling 2/dwelling unit Residential Housing for elderly 1 /dwelling unit All other dwelling units 2.5 /dwelling unit Administrative or business 1/250 sq. ft. Office Medical or dental 1/200 sq. ft. Church 1 /each 30 sq. ft. of sanctuary, auditorium or main place of worship Day or nursery schools 1 /teacher /employee + 1/6 students Elementary schools 2 /classroom + 1/60 sq. ft. of auditorium or assembly hall High school, business, 2 /classroom, + 1 for every 20 students for which the Institutional technical or trade school, facility is designed, or 1/60 sq. ft. of auditorium college or university or assembly hall, whichever is greater Library, museum or art gallery 1/250 sq. ft. + 1 /each employee on largest shift Auditorium, stadium, conference center 1/25 sq. ft. or other place of assembly Hospital 2.5/bed + 1 /each employee on largest shift Nursing home 1/6 beds + 1 /each employee on largest shift Commercial or business service uses, including retail Commercial centers less than 100,000 sq. ft 11150 sq. ft. + 1/200 sq. ft of storage area except as otherwise specifically provided for herein Vehicle service station 2 /vehicle service station + requirements for vehicle repair Bank 1/250 sq. ft. + 1 /employee on largest shift Beauty or barber shop 1/200 sq. ft. Pet Care Services (sitting and 1 /10 animals + 1 /each emnlovee on largest shift boardi Note: No deleted text. Proposed added text is underlined PROPOSED CODE CHANGE TYPE OF USE MINIMUM PARKING SPACES Pet Care Services (trainine and 1/250 sq. ft. roomin Funeral home 1 /150 sq. ft. + 1/business vehicle Lumber yard, furniture or large 1/200 sq. ft. appliance store 1 /rental unit+ 1 /employee on largest shift + 1/150 sq. Motel or hotel ft. conference or meeting area +required spaces for restaurant and lounge Restaurant, tavern, night club 1/50 sq. ft lounge or dance hall Vehicle sales 1/300 sq. ft. + 1 /1,000 sq. ft. outdoor display area Vehicle repair 1 /100 sq. ft. or 3 /each service bay, whichever is greater Over 100,000 to 500,000 sq. ft. 5 %/1,000 sq. ft. Shopping center Over 500,000 sq. ft. 511,000 sq. ft. Bowling alley 5 /lane + spaces for restaurants Golf driving range 1 /tee + 1 /employee on largest shift Miniature golf 1 %,/hole + 1 /employee on largest shift Skating rink (ice or roller) 1/300 sq. ft. Entertainment/ Recreation Swimming facility 1/75 sq. ft. + 1/30 sq. ft of spectator area+ 1 /employee on largest shift Theater, auditorium or 1/3 patrons based on assembly hall maximum capacity Fitness and Recreational Sports 1/250 sq. ft. Centers All laboratories and all 1 /employee on largest shift+ 1 /production, fabrication manufacturing and printing business vehicle normally on premises operations Up to 20,000 sq. ft 1 /1,000 sq. ft. Industrial 10,000 to 120,000 sq. ft 1/5,000 sq. ft. Warehousing 1/ business vehicle + Over 120,000 sq. ft. 1 /10,000 sq. ft. CITY OF DUBLIN_ Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 Phone: 614 - 410 -4400 • Fax: 614 - 410 -4490 Memo To: Members of City Council From: Jane S. Brautigam, City Manager Date: December 6, 2007 Initiated By: Steve Langworthy, Director, Land Use & Long Range Planning Re: Ordinance 95 -07, Planned Unit Development Administrative Approvals Summary The current Code Section 153.053(G) permits the Director of Land Use & Long Range Planning to review "minor design modifications that are required to correct any undetected errors or that are consistent with the purpose of the approved final development plan." The Planning and Zoning Commission at its November 19` work session recommended to Council changes to this language. As part of its review the Commission added further clarifications to the modification provisions related to stormwater management facilities, requiring that the general character and stormwater capacities be maintained; and to the provision on landscape mounds, requiring that they maintain their screening effect if altered. Currently, the Code imposes tight limits on modifications that may be administratively approved. This has resulted, at times, in very minor changes being forced to go through the complete amended final development plan process, causing unnecessary delays, as well as encumbering the time of the Planning and Zoning Commission, applicants and the public. While it is necessary to ensure that changes that have significant effect on a development continue to be appropriately reviewed, the limitations of the current language do not permit sufficient latitude for minor changes. The proposed changes clarify some of the existing language to permit some additional flexibility to the administrative review process. The proposed amendment would continue to prohibit any changes to the actual development text; where specific requirements are listed. When such changes are desired, a rezoning will still be necessary. Further, Land Use & Long Range Planning is required to report administrative approvals so the Planning and Zoning Commission can evaluate their nature and further refine the language for what may constitute a minor modification. Additions to the current language permit the Director to identify other minor modifications not specifically listed, provided they do not alter the basic design or change any of the conditions of approval. It also permits the Director to bring forward even minor changes if they are deemed sufficiently important to warrant a review by the Commission. Recommendation Planning recommends approval of Ordinance 95 -07 at the second reading/public hearing on January 2, 2008. RECORD OF ORDINANCES Dayton Legal Blank, Inc Form No 30043 Ordinance No 1 1 1 95 -07 Passed 20 AMENDING SECTION 153.053 (G) "MODIFICATIONS TO APPROVED FINAL DEVELOPMENT PLANS. "OF THE DUBLIN CODIFIED ORDINANCES (CASE NO. 07- 118ADM) 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 153.053(G) of the Dublin Codified Ordinances provides for the administrative approval of minor modifications to final development plans for approved Planned Unit Development projects; and WHEREAS, the purpose of this Code amendment is to clarify those conditions under which administrative approvals of minor modifications to final development plans for approved Planned Unit Development may be granted; and WHEREAS, the Planning and Zoning Commission reviewed the proposed amendment on November 15, 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 the Council of the City of Dublin, State of Ohio, of the elected members concurring that: Section 1. Section 153.021(A) is hereby amended and shall provide as follows: § 153.053 PROCEDURES (G) Modifications to approved final development plans. Requested modifications to approved final development plans shall be reviewed according to the following: (1) Administrative approval. The Director, in administering the approved final development plan and development text, may authorize minor plan modifications to building layouts, parking arrangements, sign locations, lighting, and other site - related improvements that are required to correct any undetected errors or address changes to the site made necessary during construction, provided the modifications remain consistent with the purpose of the approved final development plan. (a) No modifications shall be made that increases the permitted density of development or add to the list of permitted or conditional uses. (b) Modifications deemed minor may include such changes as: 1. Minor adjustments in lot lines provided no additional lots are created and required setbacks are maintained; 2. Minor adjustments in the location of and layout of parking lots provided the perimeter setbacks, yards and buffers are maintained; 3. Minor adjustments in building footprints up to 10% in total floor area of the originally approved building, building height(s) or floor plans, that do not alter the character or intensity of the use; 4. Substitution of landscaping materials specified in the landscape plan with comparable materials of an equal or greater size; 5. Redesigning and/or relocating stormwater management facilities provided that general character and stormwater capacities are maintained; 6. Redesigning and/or relocating landscape mounds, provided that the same level and quality of screening is maintained; 7. Minor modifications to the sign face, landscaping and lighting, provided the other sign requirements of the final development plan are maintained; 8. Minor changes in building material or colors that are similar to and have the same general appearance comparable to or of a higher quality as the material approved on the final development plan. RECORD OF ORDINANCES Dayton Legal Blank, Inc Form No 30043 95 -07 Ordinance No. Passed Page 2 20 9. Changes required by outside agencies such as the County, State, or 1 Federal departments. 10. Other minor modifications deemed by the Director that do not alter the basic design or any specific conditions imposed as part of the original approval. (c) The Director shall report approved modifications to the Planning and Zoning Commission. The Director may submit any modification to the Planning and Zoning Commission that would otherwise be considered minor if the Director finds that the overall extent and effect of the proposed modification should be reviewed by the Commission. (2) Board of Zoning Appeals Variances. 1 i (a) Any request for a variance to the development text pertaining to an individual single - family dwelling shall be reviewed according to the procedures set forth in § 153.231. (b) Requests for establishing a model home within the Planned Development District shall be reviewed according to the requirements of § 153.098. (3) Planning and Zoning Commission approval. (a) Modifications other than those listed in division (G)(1) and (2) above not determined by the Director to be minor shall be submitted to the Planning and Zoning Commission. Modifications may be approved provided the Commission finds that the requested changes are compatible with the surrounding development and that the modifications remain consistent with the preliminary development plan. (b) Any requested changes shall be indicated on an amended final development plan. An application for an amended final development plan shall follow the review procedures for final development plan review set forth in division (E) of this section. If approved, those amendments to the final development plan shall supersede the originally approved final development plan. Section 2. This Ordinance shall take effect on the earliest date provided by law. Passed this day of 2008. Mayor — Presiding Officer ATTEST: Clerk of Council 95 -07 AMENDING SECTION 153.053 (G) "MODIFICATIONS TO APPROVED FINAL DEVELOPMENT PLANS. "OF THE DUBLIN CODIFIED ORDINANCES (CASE NO. 07- 118ADM) 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 153.053(G) of the Dublin Codified Ordinances provides for the administrative approval of minor modifications to final development plans for approved Planned Unit Development projects; and WHEREAS, the purpose of this Code amendment is to clarify those conditions under which administrative approvals of minor modifications to final development plans for approved Planned Unit Development may be granted; and WHEREAS, the Planning and Zoning Commission reviewed the proposed amendment on November 15, 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 the Council of the City of Dublin, State of Ohio, of the elected members concurring that: Section 1. Section 153.021(A) is hereby amended and shall provide as follows: § 153.053 PROCEDURES (G) Modifications to approved final development plans. Requested modifications to approved final development plans shall be reviewed according to the following: (1) Administrative approval. The Director, in administering the approved final development plan and development text, may authorize minor plan modifications to building layouts, parking arrangements, sign locations, lighting, and other site - related improvements that are required to correct any undetected errors or address changes to the site made necessary during construction, provided the modifications remain consistent with the purpose of the approved final development plan. (a) No modifications shall be made that increases the permitted density of development or add to the list of permitted or conditional uses. (b) Modifications deemed minor may include such changes as: 1. Minor adjustments in lot lines provided no additional lots are created and required setbacks are maintained; 2. Minor adjustments in the location of and layout of parking lots provided the perimeter setbacks, yards and buffers are maintained; 3. Minor adjustments in building footprints up to 10% in total floor area of the originally approved building, building height(s) or floor plans, that do not alter the character or intensity of the use; 4. Substitution of landscaping materials specified in the landscape plan with comparable materials of an equal or greater size; 5. Redesigning and/or relocating stormwater management facilities provided that general character and stormwater capacities are maintained; 6. Redesigning and /or relocating landscape mounds, provided that the same level and quality of screening is maintained; 7. Minor modifications to the sign face, landscaping and lighting, provided the other sign requirements of the final development plan are maintained; 8. Minor changes in building material or colors that are similar to and have the same general appearance comparable to or of a higher quality as the material approved on the final development plan. 95 -07 Page 2 9. Changes required by outside agencies such as the County, State, or Federal departments. 10. Other minor modifications deemed by the Director that do not alter the basic design or any specific conditions imposed as part of the original approval. (c) The Director shall report approved modifications to the Planning and Zoning Commission. The Director may submit any modification to the Planning and Zoning Commission that would otherwise be considered minor if the Director finds that the overall extent and effect of the proposed modification should be reviewed by the Commission. (2) Board of Zoning Appeals Variances. (a) Any request for a variance to the development text pertaining to an individual single - family dwelling shall be reviewed according to the procedures set forth in § 153.231. (b) Requests for establishing a model home within the Planned Development District shall be reviewed according to the requirements of § 153.098. (3) Planning and Zoning Commission approval. (a) Modifications other than those listed in division (G)(1) and (2) above not determined by the Director to be minor shall be submitted to the Planning and Zoning Commission. Modifications may be approved provided the Commission finds that the requested changes are compatible with the surrounding development and that the modifications remain consistent with the preliminary development plan. (b) Any requested changes shall be indicated on an amended final development plan. An application for an amended final development plan shall follow the review procedures for final development plan review set forth in division (E) of this section. If approved, those amendments to the final development plan shall supersede the originally approved final development plan. Section 2. This Ordinance shall take effect on the earliest date provided by law. Passed this day of 1 2008. Mayor — Presiding Officer ATTEST: Clerk of Council CITY OF DUBLIN- PLANNING AND ZONING COMMISSION RECORD OF ACTION NOVEMBER 15, 2007 The Planning and Zoning Commission took the following action at this meeting: 6. Planned Unit Development Administrative Approvals Administrative Request 07- 118ADM Zoning Code Amendment Proposal: Amendment to the City of Dublin Zoning Code, Chapter 153, § 153.053, Procedures Request: Review and recommendation for approval to City Council for amended language for Code Section 153.053. Applicant: City of Dublin. Planning Contact: Steve Langworthy, Director. Contact Information: (614) 410 -4653; Langworthy@dublin.oh.us MOTION: To approve this Administrative Request to modify Zoning Code Section 153.053 (G), as requested in the draft ordinance. VOTE: 6-0. RESULT: This Administrative Request to modify Zoning Code Section 153.053 was approved as presented in the draft ordinance with minor modifications. It will be forwarded to City Council with an approval recommendation. STAFF CERTIFICATION Steve Langw+orthy Director Planning and Zoning Commission November 15, 2007 — Minutes Draft 6. Planned Unit Development Administrative Approvals Administrative Request 07- 118ADM Zoning Code Amendment Steve Langworthy there have been minor cases coming before the Commission as amended final development plans, which may not need to be reviewed by the Commission. He said that this Code change is trying to clarify the language to determine what really needs to be reviewed and approved by the Commission. He said Planning will be more diligent in reporting minor modifications as they are approved administratively and give the Commission a sense of what type of changes are being approved. He said staff is looking for guidance to determine if and how this process could work. Mr. Gerber said that the process used to include a report given at the beginning of the meeting stating what were and were not minor modifications. He said that while this type of reporting worked it slowed down the process. Mr. Fishman said he would like Planning to approach the Commission, so together it can be determined if it is okay to make a decision administratively. Mr. Zimmerman was concerned that that would slow down the application process. Mr. Langworthy said the only way the idea would work is if Planning did not have to put a Commission packet together. Mr. Walter said the proposed solution is good. He said he would like to put a square footage limit in place for administrative approvals. Mr. Langworthy said he thought a percentage should be put in place until the additional modification goes over a certain percentage. Mr. Fishermen said he was uncomfortable with one person making a decision for the City. Ms. Amorose Groomes said she is uncomfortable with Planning making certain decisions without obtaining the consent of the Planning and Zoning Commission. Mr. Fishman recalled several cases where stormwater management had been redesigned, it was approved administratively. He said once this is changed, it looks nothing like it was intended and the Commission has no idea the plan was modified. Mr. Gerber said Sections 3 and 10 should be discussed because very minor things that come to Commission do not need to be regulated by them. Mr. Walter said when water features and signs are modified, they need to come before the Commission, but minor changes should not. Mr. Fishman said what is being considered minor is very subjective. Ms. Amorose Groomes said she would like to see an administrative report that lists questions and answers provided by staff. Mr. Gerber asked what other jurisdictions are doing in this situation. Jennifer Readler said some municipalities do not have minor modifications codified and they are done administratively without the guidance of the minor modification language. Mr. Fishman said if projects can be fixed without changing the appearance he is okay with administrative decisions. Planning and Zoning Commission November 15, 2007 — Minutes Draft Mr. Saneholtz said the people in the field need to be able to make an educated decision in regards to the grey area. Mr. Zimmerman agreed stating that when construction begins, adjustments to the original plans may be needed. Mr. Walter said Sections 5 and 6 need to be changed to have similar language as the other sections. Mr. Fishman said he would like to see some system to determine if a change is minor or not. Mr. Gerber said at every meeting, Planning will provide an administrative report and if staff makes a decision on an issue which the Commission does not feel is minor, then there will be recourse. Ms. Amorose Groomes said she was comfortable with staff making administrative decisions as long as the Commission is presented with an administrative report. Mr. Walter asked how many minor changes Planning reviews on a regular basis. Mr. Langworthy said one or two in Planned Unit Developments. Mr. Gerber read paragraph G (1)(b) and asked Mr. Gunderman why the word shall was used. Mr. Langworthy said the word may can be used instead. Mr. Langworthy said in the administrative report, he will bring minor issues to the Commission because the ten percent change may have an impact. He asked if 10,000 square feet can be added to Section 3. Mr. Fishman said an exact percentage would be better. Mr. Langworthy asked if adding verbiage about screening would suit the Commission. Mr. Gerber said if it is an engineering difficulty, then these things are allowed to be done. Ms. Amorose Groomes asked Mr. Gerber to define engineering difficulty. Barbara Cox said when plans come to the Commission, they are not an exact depiction of what the project will be. She said if there is a change during the Commission review, the plans may be changed in a way which will affect the calculations. Ms. Cox said that at the point of construction, the applicant should have done enough research to know what problems they will face during construction. She said the Engineering department will never make major changes without first approaching the Commission. Motion and Vote Mr. Gerber made a motion to approve this Administrative Request to modify Zoning Code Sections 153.053 (G). The motion was seconded by Mr. Zimmerman. The vote was as follows: Mr. Walter, yes; Ms. Amorose Groomes, yes; Mr. Fishman, yes; Mr. Saneholtz, yes; Mr. Zimmerman, yes; and Mr. Gerber, yes. (Approved 6 — 0.) 1 TY OF DUBLIN- rd Use -d g R-r PI-eig X Shier -Rings Road ", Ohio 43016-1136 at 614-4 0-4600 614 - 4104147 i W wwwAMn.oh.es PLANNING AND ZONING COMMISSION NOVEMBER 15, 2007 SECTION I - CASE INFORMATION 6. Planned Unit Development Administrative Approvals Administrative Request 07- 118ADM Zoning Code Amendment PLANNING REPORT Proposal: Amendment to the City of Dublin Zoning Code, Chapter 153, § 153.053, Procedures Request: Review and recommendation for approval to City Council for amended language for Code Section 153.053. Applicant: City of Dublin. Planning Contact: Steve Langworthy, Director. Contact Information: (614) 410 -4653; slangworthy @dublin.oh.us Case Summary This application will amend the procedures and requirements for approval of modifications to final development plans for Planned Unit Developments. The amendment provides for clarification of language describing those modifications that are deemed minor. SECTION II - REVIEW STANDARDS Case Procedure The current Code Section 153.053(G) permits the Director of Land Use & Long Range Planning to review "minor design modifications that are required to correct any undetected errors or that are consistent with the purpose of the approved final development plan." 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 Currently, the Code imposes tight limits on modifications that may be administratively approved. This has resulted, at times, in very minor changes being forced to go through the complete amended final development plan process, causing unnecessary delays, as well as encumbering the time of the Planning and Zoning Commission, applicants and the public. While it is necessary to ensure that changes that have significant effect on a development continue to be Planning and Zoning Commission November 15, 2007 — Planning Report Case No. 07- 118ADM — Page 2 of 2 reviewed by the Commission, the limitations of the current language do not permit sufficient latitude for minor changes. An addition to the current language permits the Director to bring forward even minor changes if they are deemed sufficiently important to warrant a review by the Commission. The proposed changes would continue to prohibit any changes to the actual development text; where specific requirements are listed and changes are desired, a rezoning will still be necessary. Further, Land Use & Long Range Planning is required to report administrative approvals so the Commission can evaluate their nature and further refine the language if needed. SECTION III - RECOMMENDATION: Recommendation for Approval to City Council. In Planning's opinion, this amendment helps clarify administrative approvals, improves service to property owners, and provides adequate protection for those changes deemed either minor or warranting further review. Recommendation to City Council for approval is requested. PROPOSED CODE SECTION PLANNED DEVELOPMENT DISTRICTS § 153.053 PROCEDURES (G) Modifications to approved final development plans. Requested modifications to approved final development plans shall be reviewed according to the following: (1) Administrative approval. The Director, in administering the approved final development plan and development text, may authorize minor plan modifications to building layouts, parking arrangements, sign locations, lighting, and other site - related improvements that are required to correct any undetected errors or address changes to the site made necessary during construction, provided the modifications remain consistent with the purpose of the approved final development plan. (a) No modifications shall be made that increases the permitted density of development or add to the list of permitted or conditional uses. (b) Modifications deemed minor shall include such changes as: Minor adjustments in lot lines provided no additional lots are created and required setbacks are maintained; 2. Minor adjustments in the location of and layout of parking lots provided the perimeter setbacks, yards and buffers are maintained; Minor adjustments in building footprints up to 10% in total floor area of the originally approved building, building height(s) or floor plans, that do not alter the character or intensity of the use; 4. Substitution of landscaping materials specified in the landscape plan with comparable materials of an equal or greater size; Redesigning and /or relocating stormwater management facilities; 6. Redesigning and /or relocating landscape mounds; Minor modifications to the sign face, landscaping and lighting, provided the other sign requirements of the final development plan are maintained; Minor changes in building material or colors that are similar to and have the same general appearance comparable to or of a higher quality as the material approved on the final development plan. 9. Changes required by outside agencies such as the County, State, or Federal departments. Page 1 of 2 PROPOSED CODE SECTION 10. Other minor modifications deemed by the Director that do not alter the basic design or any specific conditions imposed as part of the original approval. (c) The Director shall report approved modifications to the Planning and Zoning Commission. The Director may submit any modification to the Planning and Zoning Commission that would otherwise be considered minor if the Director finds that the overall extent and effect of the proposed modification should be reviewed by the Commission. (2) Board of Zoning Appeals Variances. (a) Any request for a variance to the development text pertaining to an individual single - family dwelling shall be reviewed according to the procedures set forth in § 153.231. (b) Requests for establishing a model home within the Planned Development District shall be reviewed according to the requirements of § 153.098. (3) Planning and Zoning Commission approval. (a) Modifications other than those listed in division (G)(1) and (2) above not determined by the Director to be minor shall be submitted to the Planning and Zoning Commission. Modifications may be approved provided the Commission finds that the requested changes are compatible with the surrounding development and that the modifications remain consistent with the preliminary development plan. (b) Any requested changes shall be indicated on an amended final development plan. An application for an amended final development plan shall follow the review procedures for final development plan review set forth in division (E) of this section. If approved, those amendments to the final development plan shall supersede the originally approved final development plan. Page 2 of 2 EXISTING CODE SECTION § 153.053 Dublin - Land Usage mooning compiian and building it process, co intent with appr at as granted, ' eluding any conditions and odifications ma by the I annin d Zoning Co 'ssion. (1 After approval f the final level meet plan, the _pplicant shall o in a certificate zoning pliance and bu' ing permit prior o construction. (2) A certifi to of zoning c fiance and bu' ding permit sh not be issued tiJ the ap opriate final pla as been record and the city h ccepted any ap cable land areas at are to dedicated to th city. (3) 1 construction development u er any building rmit shall be ccordance with the approv final developm t plan, except y be permitt in division (G} this section. A unauthor' d departure fr such plan sh be cause for vocation of the ertificate of zo - ng compli ce. All required versants, ease nts and restiricti shall be recor prior to the ap oval of an construction pe it in a location ere such coven ts, easements, restrictions are - tended to ply. The city require a copy o e recorded doc ent prior to iss - g any construct' n permit. (G) Modifications to approved final development plans. Requested modifications to approved final development plans shall be reviewed according to the following: (1) Administrative approval. The Director of Planning, in administering the approved final levelopment plan, may authorize minor design modifications that are required.to correct any undetected errors or that are consistent with the purpose of the approved final development plan. (a) Such modifications shall not allow increases in intensity of development or additions to the list of permitted or conditional uses. (b) Such modifications shall be limited to: 1. Minor adjustments in lot fines provided no additional lots are created; 2. Minor adjustments in location of building footprints and parking lots provided the perimeter setbacks, yards and buffers remain in compliance; 3. Minor adjustments in building height(s); 4. Substitution of landscaping materials; 5. Redesigning and/or relocating stormwater management facilities; 6. Redesigning and/or relocating mounds; 192 2004S-15 Zoning Regulations § 153.054 7. Minor modifications to the design of signs, including the sign face, and sign lighting, provided the color palette, maximum sign area and maximum sign height, approved in the final development plan, are not exceeded; 8. Minor changes in building material that are similar to and have the same general appearance as the material approved on the final development plan. (c) The Director of Planning shall report any approved modification to the Planning and Zoning Commission. (2) Board of Zoning Appeals approval. (a) Any request for a variation to the development standards text that pertains to an individual single- family dwelling shall be reviewed as a variance according to the procedures set forth in § 153.237. (b) Requests for establishing a model home within the Planned Development District shall be reviewed according to the requirements of § 153.098. (3) Planning and Zoning Commission approval. (a) Modifications other than those listed in division (G)(1) and (2) above shall be submitted to the Planning and Zoning Commission. If they determine the modifications are compatible with the surrounding development and that they are not requirements that are necessary to ensure consistency with the preliminary development plan, the Planning and Zoning Commission may approve such change. (b) Any such changes shall be indicated on an amended final development plan. An application for an amended final development plan shall follow the review procedures for final development plan review set forth in division (E) of this section. If approved, such amendments to the final development plan shall supersede the originally approved final development plan. (Ord- 75 -03, passed 5 -3-04) § 153.054 (A) Corr nts of concept pl i application. It ' the intent of thes regulations that PC concept plan shall gene ly indicate ove 1 design of the roposed project Information sub itted should be compre nsive enough to able the staff to derst g site and con t and the exZermined for the proposed level ment. The applic t shall submit a mber of copies by the irector of Planning. Th nformation sub ed should includ the following: (1) Competed application j6rm along with thylapplication fee. 193 2004S-15