Ordinance 30-10RECORD OF ORDINANCES
30 -10 (Amended)
Ordinance No. Passed . 20_
AN ORDINANCE AMENDING SECTIONS 153.002 AND
153.071 OF THE DUBLIN CODIFIED ORDINANCES
(ZONING CODE) REGARDING RAINWATER
HARVESTING DEVICES (CASE NO. 10- 033ADM)
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 153.002 and 153.071 of the Dublin Codified Ordinances contain
information related to rainwater harvesting devices; and
WHEREAS, the purpose of the Code amendment is to permit the harvesting of rainwater
from structures to reduce the amount diverted to the stormsewer system and to encourage
the reuse of water for onsite landscape watering; and
WHEREAS, the Planning and Zoning Commission reviewed the proposed amendment on
July 22, 2010 and recommended approval to City Council.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin,
of its elected members concurring, that:
Section 1. Chapter 153 of the City of Dublin Zoning Code is hereby amended and shall
provide as follows:
§ 153.002 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
ABOVEGROUND POOL. Any confined body of water, with a rim/deck elevation
more than one foot above the existing finished grade of the site, exceeding 100 square feet
in water surface area, and 18 inches in depth, designed, used, or intended to be used for
swimming or bathing purposes.
A CCESSOR Y BUILDING. A subordinate building, the use of which is incidental to
and customary in connection with the principal building or use and which is located on the
same lot with such principal building or use.
ACCESSORY USE. A subordinate use which is incidental to and customary in
connection with the principal building or use and which is located on the same lot with
such principal building or use.
ADMINISTRATIVE OFFICIAL. The official charged with the administration and
enforcement of the zoning ordinance.
ALLEY. A secondary access way of not less than 20 feet in width dedicated to public
use for travel or transportation and affording vehicular access to abutting property.
ATTACHED ACCESSORY USE /STRUCTURE. Any use and/or structure which
shares a foundation, is physically connected to, or immediately adjacent to, the principal
structure.
AUTO - ORIENTED COMMERCIAL FACILITY. A facility where a service is
rendered or a sales transaction is made while the patron is typically not required to exit
his/her vehicle, or a facility that includes services rendered directly on, to or for vehicles.
Auto - oriented commercial facilities include, but are not limited to drive -thru restaurants,
drive -in restaurants, automated teller machines (ATMs), drive -thru banks, drive -in movie
theaters, car washes (all types), gas stations, facilities specializing in oil changes, car
repair, establishments installing car accessories, other similar auto service facilities, and
RECORD OF ORDINANCES
Ordinance No. 30- 10(Amended)
Page 2 of 7
Passed 20
stand -alone parking lots. The sale of vehicles (new or used) is not included within this
definition.
BORROW PIT. A lot or parcel of land or part thereof used for the purpose of
extracting sand, gravel or topsoil for sale or use on other premises, and exclusive of the
process of grading a lot preparatory to the construction of a building for which application
for a building permit has been made.
BUILDING. A structure intended for shelter, housing or enclosure of persons, animals
or chattel. When separated by dividing walls without openings, each portion of such
structure so separated shall be deemed a separate building.
BUILDING, HEIGHT OF. The vertical distance measured from the grade to the
highest point of the coping of a flat roof; to the deck line of a mansard roof; or to the mean
height level between the eaves and ridge of a gable, hip or gambrel roof.
BUILDING SETBACK LINE. Aline determined by the zoning district in which a lot
is located establishing the minimum allowable distance between the nearest portion of any
building and the side and rear lot lines and the right -of -way line of any street when
measured perpendicularly thereto.
CHILD CARE. Any place, home or institution which cares for young children apart
from their parents when received for regular periods of time for compensation such as
kindergarten, nursery school or class for young children that develops basic skills and
social behavior by games, exercises, toys and simple handicraft.
CIVIC BUILDING OR USE. A building or location that provides for community
meetings and/or activities including, but not limited to, City Hall, Township Hall, school
administration building, recreation center (public or private), property listed on the
National Register of Historic Places, Chamber of Commerce building, Arts Council
building, library, or other public buildings owned or operated by the city.
CISTERN. An underground storage component of a rainwater harvesting system larger
than 80 gallons.
CLINIC. An establishment where patients are not lodged overnight, but are admitted
for examination and treatment by a group of physicians or dentists practicing medicine
together.
COMMISSION. The Planning and Zoning Commission of the municipality.
CONDITIONAL USE. A use allowed in a zoning district after a permit is granted by
the Planning and Zoning Commission according to the provisions of § 153.236.
COUNCIL. The Council of the municipality.
CURB LINE. The face of a curb along a curbed public or private street.
DECKING (POOL). The concrete, cement, wood, metal, brick, or other material
surrounding a swimming pool.
DISH ANTENNA. An outside accessory antenna that is linked to a receiver located
on the same lot and used for the reception of signals transmitted by stations licensed by
the Federal Communications Commission in the Radio Broadcast Services including AM,
FM and TV.
DRIVEWAY. The hard paved surface of a lot that is specifically designated and
reserved for the movement of motor vehicles to and from a public or private street. This
definition includes the area from the street providing access to and from the lot and any
maneuvering areas.
RECORD OF ORDINANCES
30- 10(Amended)
Ordinance No. Passed
Page 3 of 7
20_
DRIVE -IN COMMERCIAL USES. Retail or service establishments which provide a
designated place where people can drive up in automobiles and conduct the major portion
of their business without having to get out of their automobiles or where the serving of the
automobile is the major business. Drive -in commercial uses include, but need not be
limited to drive -in restaurants which prepare and/ or dispense ready to eat food or
beverages and does not provide a place for all its customers to eat inside the building or
which serves ready -to -eat food or beverages for carry out; drive -in theaters, drive -in
eating and drinking places, establishments where customers may serve themselves and
may eat or drink the food, refreshments or beverages on the premises; car washes; drive -in
banks.
DWELLING, FARM. A single - family dwelling on a lot of five or more acres.
DWELLING, SINGLE- FAMILY. A building arranged or designed to be occupied by
one family, the structure having only one dwelling unit.
DWELLING, TWO - FAMILY. A building arranged or designed to be occupied by two
families, the structure having only two dwelling units with separate entrances.
DWELLING (APARTMENT). A building arranged or intended for four or more
families living independently of each other in separate dwelling units, any two or more
provided with a common entrance or hall and all dwelling units intended to be maintained
under single ownership or owned under condominium.
GARAGE. An accessory building or part of a principal building used primarily for the
storage of passenger vehicles as an accessory use.
GARAGE, ALLEY - LOADED. A garage with vehicular access from a public or
private alley or drive typically from the rear of the property.
GARAGE, COURTYARD - STYLE. A garage with vehicular access through an
enclosed or partially enclosed pavement area that is located to the front of a principal
structure typically providing access to a side loaded garage.
GARAGE, FRONT - LOADED. A garage with vehicular access doors primarily
oriented toward the same street right -of -way or private street as the front facade of the
principal structure.
GARAGE, SIDE - LOADED. A garage with vehicular access doors primarily oriented
toward one of the side lot lines or a secondary public right -of -way or private street.
HARD SURFACED OR PAVED AREA. Includes but is not limited to patios,
driveways, court- yards, tennis courts, basketball courts, volleyball courts, swimming pool
decks and walkways (the water area is excluded), and bicycle paths.
HELIPORTS. An aviation accessory devoted to the landing, takeoff and storing of
helicopters.
LANDSCAPED AREA. An area that is permanently devoted and maintained to the
growing of shrubbery, grass and other plant material.
LARGE FORMAT RETAIL. A retail or wholesale use of 20,000 square feet or more
of gross floor area.
LIVABLE AREA. The livable area of the principal use or structure shall be defined as
the total square footage of all rooms meeting CABO requirements for sleeping, living,
cooking, or dining purposes of a dwelling, excluding such places as attics, basements
(unless finished and meeting the aforementioned CABO requirements), garages, and
similar spaces.
RECORD OF ORDINANCES
30- 10(Amended)
Ordinance No. Passed
LOT. Includes the words "plot' and "parcel."
Page 4 of 7
_, 20_
LOT, DEPTH OF. The average horizontal distance between front and rear lot lines.
LOT, MINIMUM. A parcel of land occupied or to be occupied by a principal
structure or group of structures and accessory structures together with such yards, open
spaces, lot width and lot area as are required by the Zoning Ordinance, and having not less
than the minimum required frontage upon a street, either shown and identified by lot
number on a plat of record, or considered as a unit of property and described by metes and
bounds.
LOT LINE. Aline bounding or demarcating a plot of land or ground as established by
a plat of record.
LOT WIDTH. The average horizontal distance between side lot lines.
MINOR PLANMODIFICATION. A nominal deviation from, or clarification of, the
adopted plan and/or text, provided it will neither increase the permitted density nor the
potential traffic generated, and the proposal remains consistent with the original design,
land use, intent and developer commitments of the adopted plan, and with the preferred
scenario of the Community Plan. Approval /disapproval of any request for a minor plan
modification shall be determined by the Planning and Zoning Commission as part of its
administrative review in a planned district. For the purpose of this section, the adopted
plan and/or text refer to those documents adopted by City Council as part of a rezoning
action, including a preliminary development plan.
NO -BUILD ZONE. An open area where construction is prohibited. 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 are prohibited in order to preserve open space. A no -build zone is
typically found along the rear of a single- family lot. Over lot grading and the placement
of underground utilities are permitted within no -build zones.
NONCONFORMING USE. A legal use of a building and/or of land that antedates the
adoption of the zoning ordinance and does not conform to the regulations for the zoning
district in which it is located.
OPAQUENESS. The degree to which a wall, fence, structure or landscaping is solid
or impenetrable to light or vision in a generally uniform pattern over its surface.
OUTDOOR SERVICE FACILITY. An area that is not fully enclosed by solid walls
and a roof and where services are rendered or goods are displayed, sold, or stored. For
purposes of this section, outdoor service facilities include, but are not limited to outdoor
dining areas, restaurant patios, outdoor storage areas, open -air markets, garden stores, and
stand -alone parking lots.
RAIN BARREL. An above- ground prefabricated storage receptacle with an automatic
overflow diversion system that collects and stores storm water runoff from the roof of a
structure that would have been otherwise routed into a storm drain.
SEXUALLY ORIENTED BUSINESS ESTABLISHMENT. Acommercial
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.
SHALL. Is mandatory.
STREET RIGHT -OF- WAY -LINE. The dividing line between a street right -of -way
and the contiguous property.
RECORD OF ORDINANCES
30- 10(Amended)
Ordinance No. Passed
Page 5 of 7
20_
STRUCTURE. Anything constructed or erected, the use of which requires permanent
location on the ground, or attachment to something having permanent location on the
ground, including advertising signs, billboards, mobile homes (located for occupancy on a
permanent foundation) and other construction or erection with special function or form,
except fences or walks. Includes the word "building."
STRUCTURE, PRINCIPAL. A structure in which is conducted the principal use of
the lot on which it is situated.
SWIMMING POOL. Any confined body of water, with a rim/deck elevation less than
one foot above the existing finished grade of the site, exceeding 100 square feet in water
surface area, and 18 inches in depth, designed, used, or intended to be used for swimming
or bathing purposes.
TOWNHOUSE. A building consisting of a series of three or more attached or semi-
detached dwelling units, each with a ground floor and a separate ownership or
condominium.
USED or OCCUPIED. As applied to any land or structure shall be construed to
include the words "intended, arranged or designed to be used or occupied."
YARD, REAR. An open space between the rear line of the principal structure,
exclusive of steps, and the rear line of the lot and extending the full width of the lot and
may be used for accessory structures.
YARD, SIDE. An open, unoccupied space on the same lot with a structure between
the side line of the structure, exclusive of steps, and the side line of the lot and extending
from the front line to the rear line of the building.
ZONING DISTRICT. Any section of the municipality in which zoning regulations are
uniform.
ZONING ORDINANCE. This chapter.
§ 153.071 LOT AND YARD SPACE REQUIREMENTS.
(A) Platting required. No use shall be established or altered and no structure shall
be constructed or altered except upon a lot that has been platted in accordance with or
which otherwise meets, the requirements of the subdivision regulations. Development
requirements are minimum requirements for the arrangement of lots and spaces to be
achieved in all developments.
(B) Lot area and yard space preserved. The lot area and yard space required for a
use or structure shall be maintained during its life and shall not be reduced below the
minimum requirement, occupied by another use or structure, or counted as yard space for
any other use or structure.
(1) Open yards required. The yard space required for a use or structure shall,
during its life, remain free of all uses or occupancy except as follows:
(a) Fences, walls and landscaping shall be permitted in any required yard, or
along the edge of any yard, provided that no fence or wall between a street and a front
building setback line is more than three feet in height, except as required in §§ 153.130
through 153.138 or in accordance with an approved final development plan of a Planned
Development District.
(b) Eaves, cornices, window sills and belt courses may project into any
required yard a distance not to exceed two feet.
RECORD OF ORDINANCES
Ordinance No. 30- 10(Amended)
Page 6 of 7
Pas'.sed 20
(c) Open and uncovered porches may project beyond the front building
setback line or into a required rear yard a distance not to exceed five feet.
(d) Driveways shall be setback at least three feet from a side lot line or
adjacent to the side lot line where a single common drive is provided for two adjoining
lots as listed in § 153.210.
(e) All vehicular use areas, including driveways, in industrial districts shall be
located at least 15 feet from any residential district lot line as listed in § 153.016.
(f) Rain barrels and other similar rainwater harvesting devices may project
into a front setback, and a side and/or a rear yard a distance not to exceed three feet.
(2) Yards not otherwise required. Yard space not otherwise required but
provided shall be five feet or more in width.
(3) Yards maintained. All yard space shall be maintained in accordance with one
or more of the following provisions:
(a) Fenced as permitted or required.
(b) Landscaped by lawns, shrubs, trees and other plantings, maintained in a
neat and orderly natural state, or used for permitted accessory or ancillary use.
(c) Paved for parking, driveways, or other vehicular uses as permitted.
(4) Maximum lot coverage.
(a) Structures, parking, driveways, vehicular use areas, service areas,
pedestrian areas, and other hard - surfaces or paved areas shall not cover more than 70% of
the total lot area within the following zoning districts:
R -12 Urban Residential District
SO, Suburban Office and Institutional
NC, Neighborhood Commercial
CC, Community Commercial
RI, Restricted Industrial
LI, Limited Industrial
GI, General Industrial
OLR, Office, Laboratory, Research
Excavation and Quarry
Oil and Gas
Exceptional Uses
(b) Structures, parking, driveways, vehicular use areas, service areas,
pedestrian areas, and other hard - surfaces or paved areas shall not cover more than 80% of
the total lot area within the following zoning districts:
RECORD OF ORDINANCES
Ordinance No.
30- 10(Amended)
Page 7 of 7
Passed 20
CCC, Central Community Commercial
CB, Central Business District
(c) The lot coverages contained herein are maximums and should not be
interpreted to restrict or otherwise limit any other requirements of this Code or the
authorized discretion of the city's boards, commissions or City Council. This maximum lot
coverage subsection shall not apply to sites which have previously approved final
development plans or a certificate of zoning compliance or other similar final approval by
the city prior to the date this division takes effect.
(d) Structures, parking, driveways, vehicular use areas, service areas,
pedestrian areas, and other hard - surfaces or paved areas shall not cover more than 45% of
the total lot area within the following residential districts:
R -1, Restricted Suburban Residential District
R -2, Limited Suburban Residential District
R -3, Suburban Residential District
R -4, Suburban Residential District
R -10, Two - Family Residential District
(e) Unless otherwise required in an approved Planned Development,
structures, parking, driveways, vehicular use areas, service areas, pedestrian areas, and
other hard - surfaces or paved areas shall not cover more than 45% of the total lot area
within a residential PUD, Planned Unit Development District.
Section 2 . This Ordinance shall be effective upon the earliest date permitted by law.
Passed this day 2010.
Mayor - Pres ion Officer
ATTEST:
Clerk of Council
Black — Existing Language CC 9/13/2010
Blue — New Wording Red — Modifications Requested By PZC
PROPOSED RAINWATER HARVESTING
STORMWATER MANAGEMENT DESIGN MANUAL
Chapter 53 Stormwater Management and Stream Protection
Stormwater Management Design Manual
Design and Construction Requirements for Rain Barrels and Cisterns
These requirements are intended to ensure the safe and responsible use of stormwater
catchment devices such as rain barrels and cisterns.
Rain Barrels
• One or more downspouts in of a residential dwelling may be
directed into an approved rain barrel Rr R* - h p .. g tn w t.._ °7 S t,... age entAai..e with a
maximum capacity of 80 gallons.
• Such rain barrels or storage containers cannot be placed more than 1 foot away
from the primary structure, must be at least 3 feet away from the property line
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street
• The maximum height including supporting framing is six feet above surrounding
grade.
• Plastic raia barrels converted for use as rain barrels must be neutral in color,
painted to match the body or trim color of the home, or match as closely as
possible the attached building. Any connector hoses from the downspout to the
rain barrel must match the color of the downspout.
• Rain barrels constructed of natural material or designed to appear similar to
a wood barrel, planter, stone boulders, or similar may remain as constructed
and are not required to match in color the attached building.
• Rain barrels are preferably located to the side or rear of residence. If a rain
barrel is by necessity located forward of the residence or is visible from the
street, it must be screened with landscaping to the top of the rain barrel. No
platform or raising structure is permitted to elevate the rain barrel forward
of the residence.
Cisterns
Only below grade cisterns are permitted and shall include manhole risers a
minimum of 8 inches above surrounding grade.
All cistern openings shall be protected from unintentional entry by humans,
vermin, or insects. Manhole covers shall be provided and shall be secured and
locked to prevent tampering.
• Where an opening is provided that could allow the entry of personnel, the opening
shall be marked, "DANGER- CONFINED SPACE ".
General Use Provisions
• The rain barrel or cistern shall be equipped with an overflow device. The
overflow from such devices must be directed away from the dwelling's
foundation, must not cause excessive erosion or water damage, or must be
diverted into the public storm sewer or other approved location.
• The roof surface may be constructed of any material acceptable to the building
code.
o Exception: copper sheathing or roofing materials treated with fungicides
or herbicides are not permitted.
• Gutters and downspouts shall be constructed in accordance with applicable Code
requirements.
o Exception: copper tubing, copper pipe, copper sheet metal, or any
materials treated with fungicides or herbicides are not permitted.
• Unless otherwise approved by the city, only runoff from roof surfaces is allowed
for rainwater harvesting collection.
• Rainwater shall not be harvested from any vehicular or pedestrian area, surface
water runoff, standing bodies of water, or other non -roof areas unless otherwise
approved by the city.
• Harvested rainwater may only be used for irrigation and water features. Other
usages may be allowed upon receiving approval from the city.
• There shall be no direct connection of any rainwater harvesting system and any
domestic potable water system except when protected from cross - contamination
in accordance with all applicable codes and requirements.
• Rainwater harvested from roof surfaces shall pass through a debris excluder prior
to storage in a cistern.
Maintenance of Rain Barrel and Cistern Systems
• Rain barrels or other storage containers must be covered at all times to protect
from unintentional entry by humans, vermin, or insects, and shall not cause a
public or private nuisance.
• Occasional cleaning to remove debris, such as leaves, coming of the drainage area
must be performed as needed.
• Rain barrels are required to be drained and thoroughly cleaned at least once
annually to avoid freezing in winter temperatures.
Rain Barrel examples
Rain barrels should be of an appropriate design to complement the residence to which it
is attached. Any framing or supporting structure should be properly installed. The
purpose of the following examples is to illustrate recommended types. These examples
should not be considered the only permitted types, however rain barrels should be
designed to be similar in appearance to the following examples.
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Black — Existing Language CC 8/9/2010
Blue — New Wording Red — Modifications Requested By PZC
PROPOSED RAINWATER HARVESTING
ZONING CODE AMENDMENT
§ 153.071 LOT AND YARD SPACE REQUIREMENTS.
(A) Platting required. No use shall be established or altered and no structure shall
be constructed or altered except upon a lot that has been platted in accordance with or
which otherwise meets, the requirements of the subdivision regulations. Development
requirements are minimum requirements for the arrangement of lots and spaces to be
achieved in all developments.
(B) Lot area and yard space preserved. The lot area and yard space required for a
use or structure shall be maintained during its life and shall not be reduced below the
minimum requirement, occupied by another use or structure, or counted as yard space for
any other use or structure.
(1) Open yards required. The yard space required for a use or structure shall,
during its life, remain free of all uses or occupancy except as follows:
(a) Fences, walls and landscaping shall be permitted in any required yard, or
along the edge of any yard, provided that no fence or wall between a street and a front
building setback line is more than three feet in height, except as required in §§ 153.130
through 153.138 or in accordance with an approved final development plan of a Planned
Development District.
(b) Eaves, cornices, window sills and belt courses may project into any
required yard a distance not to exceed two feet.
(c) Open and uncovered porches may project beyond the front building
setback line or into a required rear yard a distance not to exceed five feet.
(d) Driveways shall be setback at least three feet from a side lot line or
adjacent to the side lot line where a single common drive is provided for two adjoining
lots as listed in § 153.210.
(e) All vehicular use areas, including driveways, in industrial districts shall be
located at least 15 feet from any residential district lot line as listed in § 153.016.
(f) Rain barrels and other similar rainwater harvesting devices may Project
into a front setback and a side and /or a rear vard a distance not to exceed three feet.
(2) Yards not otherwise required. Yard space not otherwise required but
provided shall be five feet or more in width.
(3) Yards maintained. All yard space shall be maintained in accordance with
one or more of the following provisions:
(a) Fenced as permitted or required.
(b) Landscaped by lawns, shrubs, trees and other plantings, maintained in a
neat and orderly natural state, or used for permitted accessory or ancillary use.
(c) Paved for parking, driveways, or other vehicular uses as permitted.
(4) Maximum lot coverage.
(a) Structures, parking, driveways, vehicular use areas, service areas,
pedestrian areas, and other hard - surfaces or paved areas shall not cover more than 70% of
the total lot area within the following zoning districts:
R -12 Urban Residential District
SO, Suburban Office and Institutional
NC, Neighborhood Commercial
CC, Community Commercial
RI, Restricted Industrial
LI, Limited Industrial
GI, General Industrial
OLR, Office, Laboratory, Research
Excavation and Quarry
Oil and Gas
Exceptional Uses
(b) Structures, parking, driveways, vehicular use areas, service areas,
pedestrian areas, and other hard - surfaces or paved areas shall not cover more than 80% of
the total lot area within the following zoning districts:
CCC, Central Community Commercial
CB, Central Business District
(c) The lot coverages contained herein are maximums and should not be
interpreted to restrict or otherwise limit any other requirements of this Code or the
authorized discretion of the city's boards, commissions or City Council. This maximum
lot coverage subsection shall not apply to sites which have previously approved final
development plans or a certificate of zoning compliance or other similar final approval by
the city prior to the date this division takes effect.
(d) Structures, parking, driveways, vehicular use areas, service areas,
pedestrian areas, and other hard - surfaces or paved areas shall not cover more than 45% of
the total lot area within the following residential districts:
R -1, Restricted Suburban Residential District
R -2, Limited Suburban Residential District
R -3, Suburban Residential District
R -4, Suburban Residential District
R -10, Two - Family Residential District
(e) Unless otherwise required in an approved Planned Development,
structures, parking, driveways, vehicular use areas, service areas, pedestrian areas, and
other hard - surfaces or paved areas shall not cover more than 45% of the total lot area
within a residential PUD, Planned Unit Development District.
('80 Code, § 1183.02) (Ord. 21 -70, passed 7- 13 -70; Am. Ord. 33 -93, passed 6- 21 -93;
Am. Ord. 142 -99, passed 2- 22 -00; Am. Ord. 17 -07, passed 4 -9 -07) Penalty, see §
153.999
Black — Existing Language CC 8/9/2010
Blue — New Wording Red — Modifications Requested By PZC
PROPOSED RAINWATER HARVESTING
ZONING CODE AMENDMENT
§ 153.002 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
ABOVEGROUND POOL. Any confined body of water, with a rim/deck elevation
more than one foot above the existing finished grade of the site, exceeding 100 square
feet in water surface area, and 18 inches in depth, designed, used, or intended to be used
for swimming or bathing purposes.
ACCESSORY BUILDING. A subordinate building, the use of which is incidental to
and customary in connection with the principal building or use and which is located on
the same lot with such principal building or use.
ACCESSORY USE. A subordinate use which is incidental to and customary in
connection with the principal building or use and which is located on the same lot with
such principal building or use.
ADMINISTRATIVE OFFICIAL. The official charged with the administration and
enforcement of the zoning ordinance.
ALLEY. A secondary access way of not less than 20 feet in width dedicated to public
use for travel or transportation and affording vehicular access to abutting property.
ATTACHED ACCESSORY USE/STRUCTURE. Any use and /or structure which
shares afoundation, is physically connected to, or immediately adjacent to, the principal
structure.
AUTO - ORIENTED COMMERCIAL FACILITY. A facility where a service is
rendered or a sales transaction is made while the patron is typically not required to exit
his /her vehicle, or a facility that includes services rendered directly on, to or for vehicles.
Auto - oriented commercial facilities include, but are not limited to drive -thru restaurants,
drive -in restaurants, automated teller machines (ATMs), drive -thru banks, drive -in movie
theaters, car washes (all types), gas stations, facilities specializing in oil changes, car
repair, establishments installing car accessories, other similar auto service facilities, and
stand -alone parking lots. The sale of vehicles (new or used) is not included within this
definition.
BORROW PIT. A lot or parcel of land or part thereof used for the purpose of
extracting sand, gravel or topsoil for sale or use on other premises, and exclusive of the
process of grading a lot preparatory to the construction of a building for which
application for a building permit has been made.
BUILDING. A structure intended for shelter, housing or enclosure of persons,
animals or chattel. When separated by dividing walls without openings, each portion of
such structure so separated shall be deemed a separate building.
BUILDING, HEIGHT OF. The vertical distance measured from the grade to the
highest point of the coping of a flat roof, to the deck line of a mansard roof, or to the
mean height level between the eaves and ridge of a gable, hip or gambrel roof.
BUILDING SETBACKLINE. Aline determined by the zoning district in which a lot
is located establishing the minimum allowable distance between the nearest portion of
any building and the side and rear lot lines and the right -of -way line of any street when
measured perpendicularly thereto.
CHILD CARE. Any place, home or institution which cares for young children apart
from their parents when received for regular periods of time for compensation such as
kindergarten, nursery school or class for young children that develops basic skills and
social behavior by games, exercises, toys and simple handicraft.
CIVIC BUILDING OR USE. A building or location that provides for community
meetings and /or activities including, but not limited to, City Hall, Township Hall, school
administration building, recreation center (public or private), property listed on the
National Register of Historic Places, Chamber of Commerce building, Arts Council
building, library, or other public buildings owned or operated by the city.
CISTERN An underground storage component of a rainwater harvesting system
larger than 80 gallons.
CLINIC. An establishment where patients are not lodged overnight, but are admitted
for examination and treatment by a group of physicians or dentists practicing medicine
together.
COMMISSION. The Planning and Zoning Commission of the municipality.
CONDITIONAL USE. A use allowed in a zoning district after a permit is granted by
the Planning and Zoning Commission according to the provisions of § 153.236.
COUNCIL. The Council of the municipality.
CURB LINE. The face of a curb along a curbed public or private street.
DECKING (POOL). The concrete, cement, wood, metal, brick, or other material
surrounding a swimming pool.
DISHANTENNA. An outside accessory antenna that is linked to a receiver located
on the same lot and used for the reception of signals transmitted by stations licensed by
the Federal Communications Commission in the Radio Broadcast Services including
AM, FM and TV.
DRIVEWAY. The hard paved surface of a lot that is specifically designated and
reserved for the movement of motor vehicles to and from a public or private street. This
definition includes the area from the street providing access to and from the lot and any
maneuvering areas.
DRIVE -IN COMMERCIAL USES. Retail or service establishments which provide a
designated place where people can drive up in automobiles and conduct the major portion
of their business without having to get out of their automobiles or where the serving of
the automobile is the major business. Drive -in commercial uses include, but need not be
limited to drive -in restaurants which prepare and/ or dispense ready to eat food or
beverages and does not provide a place for all its customers to eat inside the building or
which serves ready -to -eat food or beverages for carry out; drive -in theaters, drive -in
eating and drinking places, establishments where customers may serve themselves and
may eat or drink the food, refreshments or beverages on the premises; car washes; drive -
in banks.
DWELLING, FARM. A single - family dwelling on a lot of five or more acres.
DWELLING, SINGLE - FAMILY. A building arranged or designed to be occupied by
one family, the structure having only one dwelling unit.
DWELLING, TWO - FAMILY. A building arranged or designed to be occupied by
two families, the structure having only two dwelling units with separate entrances.
DWELLING (APARTMENT). A building arranged or intended for four or more
families living independently of each other in separate dwelling units, any two or more
provided with a common entrance or hall and all dwelling units intended to be maintained
under single ownership or owned under condominium.
GARAGE. An accessory building or part of a principal building used primarily for
the storage of passenger vehicles as an accessory use.
GARAGE, ALLEY - LOADED. A garage with vehicular access from a public or
private alley or drive typically from the rear of the property.
GARAGE, COURTYARD- STYLE. A garage with vehicular access through an
enclosed or partially enclosed pavement area that is located to the front of a principal
structure typically providing access to a side loaded garage.
GARAGE, FRONT - LOADED. A garage with vehicular access doors primarily
oriented toward the same street right -of -way or private street as the front facade of the
principal structure.
GARAGE, SIDE - LOADED. A garage with vehicular access doors primarily oriented
toward one of the side lot lines or a secondary public right -of -way or private street.
HARD SURFACED OR PAVED AREA. Includes but is not limited to patios,
driveways, court- yards, tennis courts, basketball courts, volleyball courts, swimming
pool decks and walkways (the water area is excluded), and bicycle paths.
HELIPORTS. An aviation accessory devoted to the landing, takeoff and storing of
helicopters.
LANDSCAPED AREA. An area that is permanently devoted and maintained to the
growing of shrubbery, grass and other plant material.
LARGE FORMAT RETAIL. A retail or wholesale use of 20,000 square feet or more
of gross floor area.
LIVABLEAREA. The livable area of the principal use or structure shall be defined
as the total square footage of all rooms meeting CABO requirements for sleeping, living,
cooking, or dining purposes of a dwelling, excluding such places as attics, basements
(unless finished and meeting the aforementioned CABO requirements), garages, and
similar spaces.
LOT. Includes the words "plot' and "parcel."
LOT, DEPTH OF. The average horizontal distance between front and rear lot lines.
LOT, MINIMUM. A parcel of land occupied or to be occupied by a principal
structure or group of structures and accessory structures together with such yards, open
spaces, lot width and lot area as are required by the Zoning Ordinance, and having not
less than the minimum required frontage upon a street, either shown and identified by lot
number on a plat of record, or considered as a unit of property and described by metes
and bounds.
LOT LINE. A line bounding or demarcating a plot of land or ground as established
by a plat of record.
LOT WIDTH The average horizontal distance between side lot lines.
MINOR PLANMODIFICATION. A nominal deviation from, or clarification of, the
adopted plan and /or text, provided it will neither increase the permitted density nor the
potential traffic generated, and the proposal remains consistent with the original design,
land use, intent and developer commitments of the adopted plan, and with the preferred
scenario of the Community Plan. Approval/disapproval of any request for a minor plan
modification shall be determined by the Planning and Zoning Commission as part of its
administrative review in a planned district. For the purpose of this section, the adopted
plan and /or text refer to those documents adopted by City Council as part of a rezoning
action, including a preliminary development plan.
NO -BUILD ZONE. An open area where construction is prohibited. 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 are prohibited in order to preserve open space. A no -build zone is
typically found along the rear of a single - family lot. Over lot grading and the placement
of underground utilities are permitted within no -build zones.
NONCONFORMING USE. A legal use of a building and /or of land that antedates
the adoption of the zoning ordinance and does not conform to the regulations for the
zoning district in which it is located.
OPAQUENESS. The degree to which a wall, fence, structure or landscaping is solid
or impenetrable to light or vision in a generally uniform pattern over its surface.
OUTDOOR SERVICE FACILITY. An area that is not fully enclosed by solid walls
and a roof and where services are rendered or goods are displayed, sold, or stored. For
purposes of this section, outdoor service facilities include, but are not limited to outdoor
dining areas, restaurant patios, outdoor storage areas, open -air markets, garden stores, and
stand -alone parking lots.
RAINBARREL. An above- around prefabricated storage receptacle with an automatic
-rtlow diversion system that collects and stores storm water runoff from the roof of a
structure that would have been otherwise routed into a storm drain.
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.
SHALL. Is mandatory.
STREET RIGHT -OF- WAY -LINE The dividing line between a street right -of -way
and the contiguous property.
STRUCTURE Anything constructed or erected, the use of which requires permanent
location on the ground, or attachment to something having permanent location on the
ground, including advertising signs, billboards, mobile homes (located for occupancy on
a permanent foundation) and other construction or erection with special function or form,
except fences or walks. Includes the word "building."
STRUCTURE, PRINCIPAL. A structure in which is conducted the principal use of
the lot on which it is situated.
SWIMMING POOL. Any confined body of water, with a rim/deck elevation less
than one foot above the existing finished grade of the site, exceeding 100 square feet in
water surface area, and 18 inches in depth, designed, used, or intended to be used for
swimming or bathing purposes.
TOWNHOUSE. A building consisting of a series of three or more attached or semi-
detached dwelling units, each with a ground floor and a separate ownership or
condominium.
USED or OCCUPIED. As applied to any land or structure shall be construed to
include the words "intended, arranged or designed to be used or occupied."
YARD, REAR. An open space between the rear line of the principal structure,
exclusive of steps, and the rear line of the lot and extending the full width of the lot and
may be used for accessory structures.
YARD, SIDE. An open, unoccupied space on the same lot with a structure between
the side line of the structure, exclusive of steps, and the side line of the lot and extending
from the front line to the rear line of the building.
ZONING DISTRICT. Any section of the municipality in which zoning regulations
are uniform.
ZONING ORDINANCE. This chapter.
('80 Code, §§ 1127.01, 1127.02) (Ord. 21 -70, passed 7- 13 -70; Am. Ord. 13 -84, passed 5-
22-84; Am. Ord. 95 -86, passed 12 -8 -86; Am. Ord. 33 -93, passed 6- 21 -93; Am. Ord. 88-
98, passed 11 -2 -98; Am. Ord. 72 -99, passed 7- 19 -99; Am. Ord. 142 -99, passed 2- 22 -00;
Am. Ord. 68 -99, passed 9 -5 -00; Am. Ord. 76 -03, passed 8- 18 -03; Am. Ord. 28 -05,
passed 6- 20 -05; Am. Ord. 17 -07, passed 4 -9 -07; Am. Ord. 28 -08, passed 5- 19 -08)