Ordinance 13-11RECORD OF ORDINANCES
Blank, Im
Ordinance No
13 -11 (Amended)
Passed 20
AN ORDINANCE AMENDING SECTIONS 153.019,153.020,
153.021 AND 153.026 OF THE DUBLIN CODIFIED
ORDINANCES (ZONING CODE) REGARDING DAYCARE
USES IN RESIDENTIAL DISTRICTS AND IN THE
SUBURBAN OFFICE AND INSTITUTIONAL DISTRICT
(CASES NO. 10- 084ADM AND 11- 006ADM).
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 153.019, 153.020, 153.021 and 153.026 of the Dublin Codified
Ordinances are residential zoning districts; and
WHEREAS, the purpose of this Code amendment is to allow daycare uses in
appropriate locations in residential and office areas as a convenient service while
preventing negative effects on established neighborhood and development character;
and
WHEREAS, the Planning and Zoning Commission reviewed the proposed
amendment to Sections 153.019, 153.020, and 153.021 on February 17, 2011 and
recommended approval to City Council because it serves to improve the health, safety
and welfare of the citizens of the City of Dublin.
WHEREAS, the Planning and Zoning Commission reviewed the proposed
amendment to Section 153.026 on January 20, 2011 and recommended approval to
City Council 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,
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:
§ 153.019 RURAL DISTRICT.
(A) Permitted use. The following uses shall be permitted in the Rural District:
(1) Agriculture. Agriculture including farming, dairying, pasturage,
horticulture, floriculture, viticulture, and animal and poultry husbandry.
(a) Farm dwelling structures.
(b) Farm labor quarters for labor working on the premises.
(c) Roadside stand offering for sale only farm products produced
on the premises.
(2) Dwelling structures. One - family dwelling structures. A lot of record on
the date of adoption of the zoning ordinance may be subdivided in
accordance with the subdivision regulations to provide up to four
residential lots, providing the remaining portion of the lot is five acres
or more.
(3) Home occupation. Home occupation in association with a permitted
dwelling and in accordance with the provisions of § 153.073.
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(4) Accessory uses. Accessory buildings and uses in association with
agriculture or permitted dwellings as specified in § 153.074, including:
noncommercial guest house provided the lot is five acres or more.
(5) Schools and parks. Public or private school offering general
educational courses and having no rooms regularly used for housing or
sleeping of students. Parks, playgrounds and playfields.
(6) Type B child care, as defined by R.C. Chapter 5104 as an accessory use
of a dwelling provided it occupies a lot of not less than one acre and
there shall be an outdoor play area of 200 square feet or more per
child. Such play area shall be arranged in accordance with the
provisions of this district for accessory uses and shall be enclosed with
a fence permitted by Code.
(7) Storage and processing of agricultural products. Grain elevator, mill
or other facilities for the storage, sorting or other preliminary
processing of agricultural products, except that commercial grain
elevator operations shall not be permitted. Storage facilities shall not be
within 50 feet of a side or rear lot line, except when along a railroad
right -of -way. Processing facilities shall not be within 100 feet of a side
or rear lot line, except when along a railroad right -of -way.
(8) Accessory child and adult daycare. Accessory in association
with a permitted school or religious use when the following
standards are met:
(a) Outdoor recreation areas shall be arranged in accordance
with the provisions of this district for accessory
structures and shall be enclosed with a fence permitted
by Code.
(b) A landscape plan shall be submitted with an application
for Certificate of Zoning Plan Approval indicating
compliance with the following requirements.
(i) Evergreen, deciduous, or a mix of the two types
of shrubs shall be installed along the outside of
the outdoor recreation area fence.
(ii) Shrubs shall be planted to provide a *minim
50% opaque screen achieved within four years of
installation. The minimum height requirement at
planting shall be 24 inches.
(iii) A deciduous tree from Group B or C of
Appendix E of the Dublin Zoning Code shall be
planted every 30 feet along the outside of the
play area fence. A minimum two -inch caliper
size is required at planting.
(c) Outdoor Play. All outdoor play equipment and shade
structures visible from the right -of -way or adjacent
properties shall utilize subdued colors. Height of
outdoor play equipment shall not exceed the height
permitted for accessory structures in accordance with the
provisions of this district.
(B) Conditional use. The following uses shall be allowed in the Rural District
subject to approval in accordance with § 153.236. The design, materials, bulk
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and height of buildings shall be compatible with and sufficiently buffered from
surrounding development to mitigate any potential adverse impact(s).
(1) Mobile Home. A mobile home or house trailer for a period not to
exceed 18 months.
(2) Private school or college with students in residence provided it
occupies a lot of not less than ten acres or more and there is one acre or
more per 25 day students, and one acre or more per 15 resident
students.
(3) Cemetery. Cemeteries hereafter established, following the adoption of
the zoning ordinance, shall occupy a parcel of not less than 40 acres,
excepting those parcels added to an existing cemetery, which may be
less than 40 acres.
(a) Interment shall not be within 100 feet of any property line.
(b) A mausoleum, crematory or other structure shall not be within
300 feet of any property line.
(4) Associated sales. Associated sales as accessory to and in association
with an agricultural permitted use, such associated sales to cease upon
cessation of the agricultural activity. This shall include, but is not
limited to garden supplies with a nursery or greenhouse, milk products
with a dairy, or imported produce with a permitted produce stand.
(5) Boarding and care of animals. Office of veterinarian and animal
hospital, kennel or other facilities for care or boarding of animals
provided it occupies a lot of not less than five acres and building pen or
other enclosure so used shall not be within 200 feet of any property
line.
(6) Commercial grain elevator operations. Commercial grain elevator
operations, provided that Planning and Zoning Commission determines
adequate lot area is available for such operation.
(7) Religious. Church or other place of worship provided it occupies a lot
of not less than five acres.
(8) Child and adult daycare center. For the purposes of this section,
"daycare center" shall mean any place in which child or adult care is
provided for seven or more children or adults at one time that is not the
permanent residence of the licensee or administrator.
(a) The daycare center shall be located on a lot that is two acres or
larger and has frontage on a collector or arterial roadway as
determined by the City Engineer at the time of application for
Certificate of Zoning Plan Approval.
(b) Outdoor recreation areas shall be arranged in accordance with
the provisions of this district for accessory structures and shall
be enclosed with a fence permitted by Code.
(c) A landscape plan shall be submitted with an application for
Certificate of Zoning Plan Approval indicating compliance with
the following requirements.
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(i) Evergreen, deciduous, or a mix of the two types of
shrubs shall be installed along the outside of the outdoor
recreation area fence.
(ii) Shrubs shall be planted to provide a minimum 50%
opaque screen achieved within four years of installation.
The minimum height requirement at planting shall be 24
inches.
(iii) A deciduous tree from Group B or C of Appendix E of
the Dublin Zoning Code shall be planted every 30 feet
along the outside of the play area fence. A minimum
two -inch caliper size is required at planting.
(d) Outdoor Play. All outdoor play equipment and shade structures
visible from the right -of -way or adjacent properties shall utilize
subdued colors. Height of outdoor play equipment shall not
exceed the height permitted for accessory structures in
accordance with the provisions of this district.
(e) Design. Where daycare facilities are developed as a principal
use, the facility shall be designed in accordance with the
residential design standards of §153.190.
(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 Rural District.
(1) Lot area and coverage. For agricultural purposes in the determination
of accessory and associated uses, the lot area shall be five acres or
more. But this shall not exclude agricultural use of any smaller lot.
(a) For each dwelling unit there shall be a lot area not less than
40,000 square feet per dwelling unit.
(b) For each permitted use and conditional use, the lot area shall be
adequate to meet the sanitation requirements of the County
Board of Health but shall not be less than that prescribed for
such use.
(c) Only one principal use shall be permitted on a lot, and such lot
shall not be covered more than 20% by structure.
(2) Lot width. For a one - family dwelling there shall be a lot width of 150
feet or more at the front line of the dwelling, and such lot shall have
access to and abut on a public right -of -way for a distance of 60 feet or
more.
(3) Side yard. For dwellings or associated accessory buildings there shall
be a total of side yards of 25 feet or more with a minimum of eight feet
on one side. For a conditional use there shall be a side yard of not less
than 25 feet, except when a larger side yard is required for such use, by
the zoning ordinance.
(4) Rear yard. For main buildings, there shall be a rear yard of 20% or
more of the lot depth, except that a rear yard of more than 50 feet shall
not be required.
(5) Maximum height. No dwelling structure shall exceed 35 feet in height.
Maximum height for other structures shall not exceed a safe height as
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determined by the Fire Chief and as reviewed and accepted by the
Planning and Zoning Commission.
§ 153.020 RESTRICTED SUBURBAN RESIDENTIAL DISTRICT.
(A) Permitted use. Land and buildings in the Restricted Suburban Residential
District shall be used only for the following purposes:
(1) Dwelling structures. One - family dwelling structures.
(2) Home occupation. Home occupation in association with a permitted
dwelling, and in accordance with the provisions of § 153.073.
(3) Accessory uses. Accessory buildings and uses in association with
permitted dwellings as specified in § 153.074, including: Domestic
servants' quarters (employed on the premises).
(4) Public school and parks.
(a) Public school offering general educational courses and having
no rooms regularly used for housing or sleeping of students.
(b) Parks, playgrounds and playfields.
(5) Private school. Private school offering general educational courses
similar to those ordinarily given in public schools and having no rooms
regularly used for housing or sleeping of students, providing it occupies
a lot of not less than five acres.
(6) Type B child care, as defined by R.C. Chapter 5104, as an accessory
use of a dwelling provided it occupies a lot of not less than one acre
and there shall be an outdoor play area of 200 square feet or more per
child. Such play area shall be arranged in accordance with the
provisions of this district for accessory uses and shall be enclosed with
a fence permitted by Code.
(7) Accessory child and adult daycare. Accessory in association with a
permitted school or religious use when the following standards are met:
(a) Outdoor recreation areas shall be arranged in accordance with
the provisions of this district for accessory structures and shall
be enclosed with a fence permitted by Code.
(b) A landscape plan shall be submitted with an application for
Certificate of Zoning Plan Approval indicating compliance with
the following requirements.
(i) Evergreen, deciduous, or a mix of the two types of
shrubs shall be installed along the outside of the outdoor
recreation area fence.
(ii) Shrubs shall be planted to provide a minimum 50%
opaque screen achieved within four years of installation.
The minimum height requirement at planting shall be 24
inches.
(iii) A deciduous tree from Group B or C of Appendix E of
the Dublin Zoning Code shall be planted every 30 feet
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along the outside of the play area fence. A minimum
two -inch caliper size is required at planting.
(c) Outdoor Play. All outdoor play equipment and shade structures
visible from the right -of -way or adjacent properties shall utilize
subdued colors. Height of outdoor play equipment shall not
exceed the height permitted for accessory structures in
accordance with the provisions of this district.
(B) Conditional use. The following uses shall be allowed in the Restricted
Suburban Residential District subject to approval in accordance with §
153.236. The design, materials, bulk and height of buildings shall be
compatible with and sufficiently buffered from surrounding development to
mitigate any potential adverse impact(s).
(1) Religious. Church or other place of worship provided it occupies a lot
of not less than five acres.
(2) Child and adult daycare center. For the purposes of this section,
"daycare centers" shall mean any place in which child or adult care is
provided for seven or more children or adults at one time that is not the
permanent residence of the licensee or administrator.
(a) The daycare center shall be located on a lot that is two acres or
larger and has frontage on a collector or arterial roadway as
determined by the City Engineer at the time of application for
Certificate of Zoning Plan Approval.
(b) Outdoor recreation areas shall be arranged in accordance with
the provisions of this district for accessory structures and shall
be enclosed with a fence permitted by Code.
(c) A landscape plan shall be submitted with an application for
Certificate of Zoning Plan Approval indicating compliance with
the following requirements.
(i) Evergreen, deciduous, or a mix of the two types of
shrubs shall be installed along the outside of the outdoor
recreation area fence.
(ii) Shrubs shall be planted to provide a minimum 50%
opaque screen achieved within four years of installation.
The minimum height requirement at planting shall be 24
inches.
(iii) A deciduous tree from Group B or C of Appendix E of
the Dublin Zoning Code shall be planted every 30 feet
along the outside of the play area fence. A minimum
two -inch caliper size is required at planting.
(d) Outdoor Play. All outdoor play equipment and shade structures
visible from the right -of -way or adjacent properties shall utilize
subdued colors. Height of outdoor play equipment shall not
exceed the height permitted for accessory structures in
accordance with the provisions of this district.
RECORD OF ORDINANCES
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13- 11(Amended)
Ordinance No.
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(e) Design. Where daycare facilities are developed as a principal
use, the facility shall be designed in accordance with the
residential design standards of §153.190.
(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 Suburban Residential District.
(1) Lot area and coverage. For each dwelling unit there shall be a lot area
not less than 40,000 square feet per dwelling unit.
(a) For each permitted use and conditional use the lot area shall be
adequate to meet the sanitation requirements of the County
Board of Health, but shall not be less than that prescribed for
such use.
(b) One principal use shall be permitted on a lot, and such lot shall
not be covered more than 20% by structure.
(2) Lot width. For a one - family dwelling there shall be a lot width of 150
feet or more at the front line of the dwelling, and such lot shall have
access to and abut on a public right of way for a distance of 60 feet or
more. For a conditional use the lot width shall be adequate to meet the
development standards of the Restricted Suburban Residential District.
(3) Side yard. For dwellings or associated accessory buildings there shall
be a total of side yards of 25 feet or more with a minimum of eight feet
on one side. For a conditional use, except dwellings, and accessory
structures thereto, there shall be a side yard on each side of a building
of 25 feet or more.
(4) Rear yard. For main buildings, there shall be a rear yard of 20% or
more of the lot depth, except that a rear yard of more than 50 feet shall
not be required.
(5) Maximum height. No dwelling structure shall exceed 35 feet in height.
Maximum height for other structures shall not exceed a safe height as
determined by the Fire Chief and as reviewed and accepted by the
Planning and Zoning Commission.
§ 153.021 LIMITED SUBURBAN RESIDENTIAL DISTRICT.
(A) Permitted use. Land and buildings in the Limited Suburban Residential
Districts shall be used only for the following purposes:
(1) Dwelling structures.
(a) One - family dwelling structures.
(b) Two - family dwelling structures existing as of September 5,
2007.
(2) Home occupation. Home occupation in association with a permitted
dwelling, and in accordance with the provisions of § 153.073.
(3) Accessory use. Accessory buildings and uses in association with
permitted dwellings as specified in § 153.074.
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(4) Public school and parks. Public school offering general educational
courses and having no rooms regularly used for housing or sleeping of
students. Parks, playgrounds and playfields.
(5) Private school. Private school offering general educational courses
similar to those ordinarily given in public schools and having no rooms
regularly used for housing or sleeping of students, providing it occupies
a lot of not less than five acres.
(6) Type B child care, as defined by R.C. Chapter 5104, as an accessory
use of a dwelling provided it occupies a lot of not less than one acre
and there shall be an outdoor play area of 200 square feet or more per
child. Such play area shall be arranged in accordance with the
provisions of this district for accessory uses and shall be enclosed a
fence permitted by Code.
(7) Accessory child and adult daycare. Accessory in association with a
permitted school or religious use when the following standards are met:
(a) Outdoor recreation areas shall be arranged in accordance with
the provisions of this district for accessory structures and shall
be enclosed with a fence permitted by Code.
(b) A landscape plan shall be submitted with an application for
Certificate of Zoning Plan Approval indicating compliance with
the following requirements.
(i) Evergreen, deciduous, or a mix of the two types of
shrubs shall be installed along the outside of the outdoor
recreation area fence.
(ii) Shrubs shall be planted to provide a minimum 50%
opaque screen achieved within four years of installation.
The minimum height requirement at planting shall be 24
inches.
(iii) A deciduous tree from Group B or C of Appendix E of
the Dublin Zoning Code shall be planted every 30 feet
along the outside of the play area fence. A minimum
two -inch caliper size is required at planting.
(c) Outdoor Play. All outdoor play equipment and shade structures
visible from the right -of -way or adjacent properties shall utilize
subdued colors. Height of outdoor play equipment shall not
exceed the height permitted for accessory structures in
accordance with the provisions of this district.
B) Conditional use. The following uses shall be allowed in the Limited Suburban
Residential District subject to approval in accordance with § 153.236. The
design, materials, bulk and height of buildings shall be compatible with and
sufficiently buffered from surrounding development to mitigate any potential
adverse impact(s).
(1) Religious. Church or other place of worship provided it occupies a lot
of not less than five acres.
(2) Child and adult daycare center. For the purposes of this section,
"daycare centers" shall mean any place in which child or adult care is
provided for seven or more children or adults at one time that is not the
permanent residence of the licensee or administrator.
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(a) The daycare center shall be located on a lot that is two acres or
larger and has frontage on a collector or arterial roadway as
determined by the City Engineer at the time of application for
Certificate of Zoning Plan Approval.
(b) Outdoor recreation areas shall be arranged in accordance with
the provisions of this district for accessory structures and shall
be enclosed with a fence permitted by Code.
(c) A landscape plan shall be submitted with an application for
Certificate of Zoning Plan Approval indicating compliance with
the following requirements.
(i) Evergreen, deciduous, or a mix of the two types of
shrubs shall be installed along the outside of the outdoor
recreation area fence.
(ii) Shrubs shall be planted to provide a minimum 50%
opaque screen achieved within four years of installation.
The minimum height requirement at planting shall be 24
inches.
(iii) A deciduous tree from Group B or C of Appendix E of
the Dublin Zoning Code shall be planted every 30 feet
along the outside of the play area fence. A minimum
two -inch caliper size is required at planting.
(d) Outdoor Play. All outdoor play equipment and shade structures
visible from the right -of -way or adjacent properties shall utilize
subdued colors. Height of outdoor play equipment shall not
exceed the height permitted for accessory structures in
accordance with the provisions of this district.
(e) Design. Where daycare facilities are developed as a principal
use, the facility shall be designed in accordance with the
residential design standards of § 153.190.
(C) Development standards. In addition to the provisions of §§ 153.070 through
153.076, the following standards for arrangement and development of land and
buildings are required in the Limited Suburban Residential District.
(a) For all other permitted uses and conditional uses, the lot area
shall be adequate to meet the sanitation requirements of the
County Board of Health, but shall not be less than that
prescribed for such use.
(b) Only one principal use shall be permitted on a lot, and such lot
shall not be covered more than 20% by structure.
(2) Lot width. For a one - family dwelling there shall be a lot width of 100
feet or more at the front line of the dwelling, and such lot shall have
access to and abut on a public right -of -way for a distance of 60 feet or
more. For a conditional use, the lot width shall be adequate to meet the
development standards of the Limited Suburban Residential District.
(1) Lot area and coverage. For each dwelling unit there shall be a lot area
not less than 20,000 square feet per dwelling unit.
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(3) Side yard. For dwellings or associated accessory buildings there shall
be a total of side yards of 20 feet or more with a minimum of eight feet
on one side. For a conditional use, except dwellings, and accessory
structures thereto, there shall be a side yard on each side of a building
of 25 feet or more.
(4) Rear yard. For main buildings there shall be a rear yard of 20% or
more of the lot depth, except that a rear yard of more than 50 feet shall
not be required.
(5) Maximum height. No dwelling structure shall exceed 35 feet in height.
Maximum height for other structures shall not exceed a safe height as
determined by the Fire Chief and as reviewed and accepted by the
Planning and Zoning Commission.
§ 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
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Ordinance No. Passed . 20
(3)
(4)
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
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
Institutions. Institutions providing social, cultural, educational and health
services to member agencies, organizations and individuals or to the
general public.
806 Hospitals
821 Elementary and secondary schools
822 Colleges, universities, professional schools, junior colleges and
normal schools
823 Libraries
841 Museums and art galleries
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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) Child and adult daycare center.
(a) Outdoor recreation areas shall be located to the side or rear of the
principal structure and shall be enclosed with a fence permitted by
Code.
(b) A landscape plan shall be submitted with an application for
Certificate of Zoning Plan Approval indicating compliance with
the following requirements.
(i) Evergreen, deciduous, or a mix of the two types of shrubs
shall be installed along the outside of the outdoor
recreation area fence.
(ii) Shrubs shall be planted to provide a minimum 50% opaque
screen achieved within four years of installation. The
minimum height requirement at planting shall be 24
inches.
(iii) A deciduous tree from Group B or C of Appendix E of the
Dublin Zoning Code shall be planted every 30 feet along
the outside of the play area fence. A minimum two -inch
caliper size is required at planting.
(c) Outdoor Play. All outdoor play equipment and shade structures
visible from the right -of -way or adjacent properties shall utilize
subdued colors.
(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 Barbershops
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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 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
(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 ride:
(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
Ordinance No.
Inc.
13- 11(Amended)
Form No.
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(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 hvstitutional 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.
Section 2. This Ordinance shall be effective upon the earliest date permitted by law.
Passed this J I W,__ day of 1 2011.
ATTEST:
o'lll�
Clerk of Council
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017 -1090
CITY OF DUBLIN_ Phone: 614 -410 -4400 • Fax: 614 - 410 -4490 Memo
To: Members of Dublin City Council
From: Marsha Grigsby, City Manager \�--
Date: April 7, 2011
Initiated By: Steve Langworthy, Director of Land Use and Long Range Planning
Re: Ordinance 13 -11 — Amending Sections 153.019, 153.020, 153.021 and 153.026 of
the Dublin Codified Ordinances (Zoning Code) Regarding Daycare Uses in
Residential Districts and in the Suburban Office and Institutional District (Cases
No. 10- 084ADM and 11- 006ADM)
Update
Ordinance 13 -11 was introduced at the March 28, 2011 City Council meeting. Council members
requested the proposed Zoning Code language be modified to require conditional use approval for
daycares in residential districts when developed as a principal use in a free - standing building.
Members were concerned with potential negative impacts resulting from commercial uses in
residential areas, and wanted Planning and Zoning Commission review through the conditional use
process to allow each proposal to be examined on a case -by -case basis.
Planning relocated the proposed Zoning Code language for child and adult daycare uses to the
conditional use sections of the Rural, Restricted Suburban Residential, and Limited Suburban
Residential Districts of the Zoning Code. New Code language is proposed allowing child and adult
daycare facilities as permitted uses when accessory to an approved church or school use. The
proposed Suburban Office and Institutional District text remains unchanged, continuing to allow
daycare facilities as permitted principal and accessory uses.
Council members also requested further information regarding the types of signs daycare facilities
are permitted. The Zoning Code allows ground signs for daycare facilities to be a maximum of 15
square feet in area and six feet high, while wall signs are limited to 20 square feet in area and eight
feet high in all zoning districts. These sign dimensions are typical of commercial and institutional
uses that may be located in or near residential areas, such as schools, libraries, and religious uses
(all limited to the same sign dimensions). All other sign regulations of Zoning Code Section
153.150, including the design, lighting, and landscaping, will continue to apply. As a result,
Planning does not recommend any modifications to the sign provisions for daycare uses.
Recommendation
Planning recommends City Council approval of Ordinance 13 -11.
PROPOSED ZONING CODE AMENDMENTS
Amended for City Council Meeting 4/11/2011
DAYCARE USES IN RESIDENTIAL AND IN SUBURBAN OFFICE & INSTITUTIONAL DISTRICTS
Black — Existing Wording
Blue —New Wording
Red — Modifications Requested By PZC
Green — Modifications Requested By CC
§ 153.019 RURAL DISTRICT.
(A) Permitted use. The following uses shall be permitted in the Rural District:
(1) Agriculture. Agriculture including farming, dairying, pasturage, horticulture,
floriculture, viticulture, and animal and poultry husbandry.
(a) Farm dwelling structures.
(b) Farm labor quarters for labor working on the premises.
(c) Roadside stand offering for sale only farm products produced on the
premises.
(2) Dwelling structures. One - family dwelling structures. A lot of record on the date
of adoption of the zoning ordinance may be subdivided in accordance with the
subdivision regulations to provide up to four residential lots, providing the
remaining portion of the lot is five acres or more.
(3) Home occupation. Home occupation in association with a permitted dwelling and
in accordance with the provisions of § 153.073.
(4) Accessory uses. Accessory buildings and uses in association with agriculture or
permitted dwellings as specified in § 153.074, including: noncommercial guest
house provided the lot is five acres or more.
(5) Schools and parks. Public or private school offering general educational courses
and having no rooms regularly used for housing or sleeping of students. Parks,
playgrounds and playfields.
(6) Type B child care, as defined by R.C. Chapter 5104 as an accessory use of a
dwelling provided it occupies a lot of not less than one acre and there shall be an
outdoor play area of 200 square feet or more per child. Such play area shall be
arranged in accordance with the provisions of this district for accessory uses and
shall be enclosed with a fence permitted by Code.
(7) Storage and processing of agricultural products. Grain elevator, mill or other
facilities for the storage, sorting or other preliminary processing of agricultural
products, except that commercial grain elevator operations shall not be permitted.
Storage facilities shall not be within 50 feet of a side or rear lot line, except when
Page 1 of 19
PROPOSED ZONING CODE AMENDMENTS
Amended for City Council Meeting 4/11/2011
DAYCARE USES IN RESIDENTIAL AND IN SUBURBAN OFFICE & INSTITUTIONAL DISTRICTS
Black — Existing Wording
Blue — New Wording
Red — Modifications Requested By PZC
Green — Modifications Requested By CC
along a railroad right -of -way. Processing facilities shall not be within 100 feet of
a side or rear lot line, except when along a railroad right -of -way.
(8) Accessory child and adult daycare. Accessory in association with a
permitted school or religious use when the following standards are met:
(a) Outdoor recreation areas shall be arranged in accordance with the
provisions of this district for accessory structures and shall be
enclosed with a fence permitted by Code.
(b) A landscape plan shall be submitted with an application for
Certificate of Zoning Plan Approval indicating compliance with
the following requirements.
(i) Evergreen, deciduous, or a mix of the two types of shrubs
shall be installed along the outside of the outdoor recreation
area fence.
(ii) Shrubs shall be planted to provide a minimum 50% opaque
screen achieved within four years of installation. The
minimum height requirement at planting shall be 24 inches.
(iii) A deciduous tree from Group B or C of Appendix E of the
Dublin Zoning Code shall be planted every 30 feet along
the outside of the play area fence. A minimum two -inch
caliper size is required at planting.
(c) Outdoor Play. All outdoor play equipment and shade structures
visible from the right -of -way or adjacent properties shall utilize
subdued colors. Height of outdoor play equipment shall not exceed
the height permitted for accessory structures in accordance with
the provisions of this district.
(B) Conditional use. The following uses shall be allowed in the Rural District subject to
approval in accordance with § 153.236. The design, materials, bulk and height of
buildings shall be compatible with and sufficiently buffered from surrounding
development to mitigate any potential adverse impact(s).
(1) Mobile Home. A mobile home or house trailer for a period not to exceed 18
months.
Page 2 of 19
PROPOSED ZONING CODE AMENDMENTS
Amended for City Council Meeting 4/11/2011
DAYCARE USES IN RESIDENTIAL AND IN SUBURBAN OFFICE & INSTITUTIONAL DISTRICTS
Black — Existing Wording
Blue — New Wording
Red — Modifications Requested By PZC
Green — Modifications Requested By CC
(2) Private school or college with students in residence provided it occupies a lot of
not less than ten acres or more and there is one acre or more per 25 day students,
and one acre or more per 15 resident students.
(3) Cemetery. Cemeteries hereafter established, following the adoption of the zoning
ordinance, shall occupy a parcel of not less than 40 acres, excepting those parcels
added to an existing cemetery, which may be less than 40 acres.
(a) Interment shall not be within 100 feet of any property line.
(b) A mausoleum, crematory or other structure shall not be within 300 feet of
any property line.
(4) Associated sales. Associated sales as accessory to and in association with an
agricultural permitted use, such associated sales to cease upon cessation of the
agricultural activity. This shall include, but is not limited to garden supplies with
a nursery or greenhouse, milk products with a dairy, or imported produce with a
permitted produce stand.
(5) Boarding and care of animals. Office of veterinarian and animal hospital, kennel
or other facilities for care or boarding of animals provided it occupies a lot of not
less than five acres and building pen or other enclosure so used shall not be within
200 feet of any property line.
(6) Commercial grain elevator operations. Commercial grain elevator operations,
provided that Planning and Zoning Commission determines adequate lot area is
available for such operation.
(7) Religious. Church or other place of worship provided it occupies a lot of not less
than five acres.
(8) Child and adult daycare center. For the purposes of this section, "daycare center"
shall mean any place in which child or adult care is provided for seven or more
children or adults at one time that is not the permanent residence of the licensee or
administrator.
(a) The daycare center shall be located on a lot that is two acres or larger and
has frontage on a collector or arterial roadway as defifted � t h e me
res ently a 44ie.,.ug4fafe D'am determined by the City Engineer at
the time of application for Certificate of Zoning Plan Approval.
Page 3 of 19
PROPOSED ZONING CODE AMENDMENTS
Amended for City Council Meeting 4/11/2011
DAYCARE USES IN RESIDENTIAL AND IN SUBURBAN OFFICE & INSTITUTIONAL DISTRICTS
Black — Existing Wording
Blue — New Wording
Red — Modifications Requested By PZC
Green — Modifications Requested By CC
(b) Outdoor recreation areas shall be arranged in accordance with the
provisions of this district for accessory structures and shall be enclosed
with a fence permitted by Code.
(c)
°4l g i 4g 500 a 4 of 44. ot# d,.,. r rap a4ioo area A landscape plan shall be
submitted with an application for Certificate of Zoning Plan Approval
indicating compliance with the following requirements.
(i) Evergreen, deciduous, or a mix of the two types of shrubs shall be
installed along the outside of the outdoor recreation area fence.
(ii) Shrubs shall be planted to provide a minimum 50% opaque three
to 4; a ,.t a - e_arte keigI.t s creen achieved within four years of
installation. The minimum height requirement at planting shall be
24 inches.
(iii) A deciduous tree from Group B or C of Appendix E of the Dublin
Zoning Code shall be planted every 30 feet along the outside of the
play area fence. A minimum two -inch caliper size is required at
planting.
(d) Outdoor Play. All outdoor play equipment and shade structures visible
from the right -of -way or adjacent properties shall utilize subdued -tom
colors. Height of outdoor play equipment shall not exceed the height
permitted for accessory structures in accordance with the provisions of this
district.
(e) Design. Where daycare facilities are developed as a principal use, the
facility shall be designed in accordance with the residential design
standards of §153.190.
(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 Rural District.
(1) Lot area and coverage. For agricultural purposes in the determination of
accessory and associated uses, the lot area shall be five acres or more. But this
shall not exclude agricultural use of any smaller lot.
Page 4 of 19
PROPOSED ZONING CODE AMENDMENTS
Amended for City Council Meeting 4/11/2011
DAYCARE USES IN RESIDENTIAL AND IN SUBURBAN OFFICE & INSTITUTIONAL DISTRICTS
Black — Existing Wording
Blue — New Wording
Red — Modifications Requested By PZC
Green — Modifications Requested By CC
(a) For each dwelling unit there shall be a lot area not less than 40,000 square
feet per dwelling unit.
(b) For each permitted use and conditional use, the lot area shall be adequate
to meet the sanitation requirements of the County Board of Health but
shall not be less than that prescribed for such use.
(c) Only one principal use shall be permitted on a lot, and such lot shall not be
covered more than 20% by structure.
(2) Lot width. For a one - family dwelling there shall be a lot width of 150 feet or
more at the front line of the dwelling, and such lot shall have access to and abut
on a public right -of -way for a distance of 60 feet or more.
(3) Side yard. For dwellings or associated accessory buildings there shall be a total
of side yards of 25 feet or more with a minimum of eight feet on one side. For a
conditional use there shall be a side yard of not less than 25 feet, except when a
larger side yard is required for such use, by the zoning ordinance.
(4) Rear yard. For main buildings, there shall be a rear yard of 20% or more of the
lot depth, except that a rear yard of more than 50 feet shall not be required.
(5) Maximum height. No dwelling structure shall exceed 35 feet in height. Maximum
height for other structures shall not exceed a safe height as determined by the Fire
Chief and as reviewed and accepted by the Planning and Zoning Commission.
§ 153.020 RESTRICTED SUBURBAN RESIDENTIAL DISTRICT.
(A) Permitted use. Land and buildings in the Restricted Suburban Residential District shall
be used only for the following purposes:
(1) Dwelling structures. One - family dwelling structures.
(2) Home occupation. Home occupation in association with a permitted dwelling, and
in accordance with the provisions of § 153.073.
(3) Accessory uses. Accessory buildings and uses in association with permitted
dwellings as specified in § 153.074, including: Domestic servants' quarters
(employed on the premises).
(4) Public school and parks.
Page 5 of 19
PROPOSED ZONING CODE AMENDMENTS
Amended for City Council Meeting 4/11/2011
DAYCARE USES IN RESIDENTIAL AND IN SUBURBAN OFFICE & INSTITUTIONAL DISTRICTS
Black — Existing Wording
Blue — New Wording
Red — Modifications Requested By PZC
Green — Modifications Requested By CC
(a) Public school offering general educational courses and having no rooms
regularly used for housing or sleeping of students.
(b) Parks, playgrounds and playfields.
(5) Private school. Private school offering general educational courses similar to
those ordinarily given in public schools and having no rooms regularly used for
housing or sleeping of students, providing it occupies a lot of not less than five
acres.
(6) Type B child care, as defined by R.C. Chapter 5104, as an accessory use of a
dwelling provided it occupies a lot of not less than one acre and there shall be an
outdoor play area of 200 square feet or more per child. Such play area shall be
arranged in accordance with the provisions of this district for accessory uses and
shall be enclosed with a fence permitted by Code.
(7) Accessory child and adult daycare. Accessory in association with a permitted
school or religious use when the following standards are met:
(a) Outdoor recreation areas shall be arranged in accordance with the
provisions of this district for accessory structures and shall be enclosed
with a fence permitted by Code.
(b) A landscape plan shall be submitted with an application for Certificate of
Zoning Plan Approval indicating compliance with the following
requirements.
(i) Evergreen, deciduous, or a mix of the two types of shrubs shall be
installed along the outside of the outdoor recreation area fence.
(ii) Shrubs shall be planted to provide a minimum 50% opaque screen
achieved within four years of installation. The minimum height
requirement at planting shall be 24 inches.
(iii) A deciduous tree from Group B or C of Appendix E of the Dublin
Zoning Code shall be planted every 30 feet along the outside of the
play area fence. A minimum two -inch caliper size is required at
planting.
(c) Outdoor Play. All outdoor play equipment and shade structures visible
from the right -of -way or adjacent properties shall utilize subdued colors.
Page 6 of 19
PROPOSED ZONING CODE AMENDMENTS
Amended for City Council Meeting 4/11/2011
DAYCARE USES IN RESIDENTIAL AND IN SUBURBAN OFFICE & INSTITUTIONAL DISTRICTS
Black — Existing Wording
Blue — New Wording
Red — Modifications Requested By PZC
Green — Modifications Requested By CC
Height of outdoor play equipment shall not exceed the height permitted
for accessory structures in accordance with the provisions of this district.
(B) Conditional use. The following uses shall be allowed in the Restricted Suburban
Residential District subject to approval in accordance with § 153.236. The design,
materials, bulk and height of buildings shall be compatible with and sufficiently buffered
from surrounding development to mitigate any potential adverse impact(s).
(1) Religious. Church or other place of worship provided it occupies a lot of not less
than five acres.
(2) Child and adult daycare center. For the purposes of this section, "daycare
centers" shall mean any place in which child or adult care is provided for seven or
more children or adults at one time that is not the permanent residence of the
licensee or administrator.
(a) The daycare center shall be located on a lot that is two acres or larger and
has frontage on a collector or arterial roadway as defined by the
ree ei4ly a Ther,...ghfaf. Am determined by the City Engineer at
the time of application for Certificate of Zoning Plan Approval.
(b) Outdoor recreation areas shall be arranged in accordance with the
provisions of this district for accessory structures and shall be enclosed
with a fence permitted by Code.
(c)
.,41 500 4 ,.F *r.. et# _.. area A landscape plan shall be
submitted with an application for Certificate of Zoning Plan Approval
indicating compliance with the following requirements.
(i) Evergreen, deciduous, or a mix of the two types of shrubs shall be
installed along the outside of the outdoor recreation area fence.
(ii) Shrubs shall be planted to provide a minimum 50% opaque thfee-
*R F)„_ FRR* a ge height s creen achieved within four years of
installation. The minimum height requirement at planting shall be
24 inches.
Page 7 of 19
PROPOSED ZONING CODE AMENDMENTS
Amended for City Council Meeting 4/11/2011
DAYCARE USES IN RESIDENTIAL AND IN SUBURBAN OFFICE & INSTITUTIONAL DISTRICTS
Black — Existing Wording
Blue — New Wording
Red — Modifications Requested By PZC
Green — Modifications Requested By CC
(iii) A deciduous tree from Group B or C of Appendix E of the Dublin
Zoning Code shall be planted every 30 feet along the outside of the
play area fence. A minimum two -inch caliper size is required at
planting.
(d) Outdoor Play. All outdoor play equipment and shade structures visible
from the right -of -way or adjacent properties shall utilize subdued 4}a4K44
colors. Height of outdoor play equipment shall not exceed the height
permitted for accessory structures in accordance with the provisions of this
district.
(e) Design. Where daycare facilities are developed as a principal use, the
facility shall be designed in accordance with the residential design
standards of §153.190.
(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 Suburban Residential District.
(1) Lot area and coverage. For each dwelling unit there shall be a lot area not less
than 40,000 square feet per dwelling unit.
(a) For each permitted use and conditional use the lot area shall be adequate
to meet the sanitation requirements of the County Board of Health, but
shall not be less than that prescribed for such use.
(b) One principal use shall be permitted on a lot, and such lot shall not be
covered more than 20% by structure.
(2) Lot width. For a one - family dwelling there shall be a lot width of 150 feet or
more at the front line of the dwelling, and such lot shall have access to and abut
on a public right of way for a distance of 60 feet or more. For a conditional use
the lot width shall be adequate to meet the development standards of the
Restricted Suburban Residential District.
(3) Side yard. For dwellings or associated accessory buildings there shall be a total of
side yards of 25 feet or more with a minimum of eight feet on one side. For a
conditional use, except dwellings, and accessory structures thereto, there shall be
a side yard on each side of a building of 25 feet or more.
Page 8 of 19
PROPOSED ZONING CODE AMENDMENTS
Amended for City Council Meeting 4/11/2011
DAYCARE USES IN RESIDENTIAL AND IN SUBURBAN OFFICE & INSTITUTIONAL DISTRICTS
Black — Existing Wording
Blue — New Wording
Red — Modifications Requested By PZC
Green — Modifications Requested By CC
(4) Rear yard. For main buildings, there shall be a rear yard of 20% or more of the
lot depth, except that a rear yard of more than 50 feet shall not be required.
(5) Maximum height. No dwelling structure shall exceed 35 feet in height. Maximum
height for other structures shall not exceed a safe height as determined by the Fire
Chief and as reviewed and accepted by the Planning and Zoning Commission.
§ 153.021 LIMITED SUBURBAN RESIDENTIAL DISTRICT.
(A) Permitted use. Land and buildings in the Limited Suburban Residential Districts shall be
used only for the following purposes:
(1) Dwelling structures.
(a) One - family dwelling structures.
(b) Two - family dwelling structures existing as of September 5, 2007.
(2) Home occupation. Home occupation in association with a permitted dwelling, and
in accordance with the provisions of § 153.073.
(3) Accessory use. Accessory buildings and uses in association with permitted
dwellings as specified in § 153.074.
(4) Public school and parks. Public school offering general educational courses and
having no rooms regularly used for housing or sleeping of students. Parks,
playgrounds and playfields.
(5) Private school. Private school offering general educational courses similar to
those ordinarily given in public schools and having no rooms regularly used for
housing or sleeping of students, providing it occupies a lot of not less than five
acres.
(6) Type B child care, as defined by R.C. Chapter 5104, as an accessory use of a
dwelling provided it occupies a lot of not less than one acre and there shall be an
outdoor play area of 200 square feet or more per child. Such play area shall be
arranged in accordance with the provisions of this district for accessory uses and
shall be enclosed a fence permitted by Code.
Page 9 of 19
PROPOSED ZONING CODE AMENDMENTS
Amended for City Council Meeting 4/11/2011
DAYCARE USES IN RESIDENTIAL AND IN SUBURBAN OFFICE & INSTITUTIONAL DISTRICTS
Black — Existing Wording
Blue — New Wording
Red — Modifications Requested By PZC
Green — Modifications Requested By CC
(7) Accessory child and adult daycare. Accessory in association with a permitted
school or religious use when the following standards are met:
(a) Outdoor recreation areas shall be arranged in accordance with the
provisions of this district for accessory structures and shall be enclosed
with a fence permitted by Code.
(b) A landscape plan shall be submitted with an application for Certificate of
Zoning Plan Approval indicating compliance with the following
requirements.
(i) Evergreen, deciduous, or a mix of the two types of shrubs shall be
installed along the outside of the outdoor recreation area fence.
(ii) Shrubs shall be planted to provide a minimum 50% opaque screen
achieved within four years of installation. The minimum height
requirement at planting shall be 24 inches.
(iii) A deciduous tree from Group B or C of Appendix E of the Dublin
Zoning Code shall be planted every 30 feet along the outside of the
play area fence. A minimum two -inch caliper size is required at
planting.
(c) Outdoor Play. All outdoor play equipment and shade structures visible
from the right -of -way or adjacent properties shall utilize subdued colors.
Height of outdoor play equipment shall not exceed the height permitted
for accessory structures in accordance with the provisions of this district.
B) Conditional use. The following uses shall be allowed in the Limited Suburban
Residential District subject to approval in accordance with § 153.236. The design,
materials, bulk and height of buildings shall be compatible with and sufficiently buffered
from surrounding development to mitigate any potential adverse impact(s).
(1) Religious. Church or other place of worship provided it occupies a lot of not less
than five acres.
(2) Child and adult daycare center. For the purposes of this section, "daycare
centers" shall mean any place in which child or adult care is provided for seven or
more children or adults at one time that is not the permanent residence of the
licensee or administrator.
Page 10 of 19
PROPOSED ZONING CODE AMENDMENTS
Amended for City Council Meeting 4/11/2011
DAYCARE USES IN RESIDENTIAL AND IN SUBURBAN OFFICE & INSTITUTIONAL DISTRICTS
Black — Existing Wording
Blue — New Wording
Red — Modifications Requested By PZC
Green — Modifications Requested By CC
(a) The daycare center shall be located on a lot that is two acres or larger and
has frontage on a collector or arterial roadway as dA4�44ad 43, 414A moo
ree afAly , d Tker,.ugkf.... T """ determined by the City Engineer at
the time of application for Certificate of Zoning Plan Approval.
(b) Outdoor recreation areas shall be arranged in accordance with the
provisions of this district for accessory structures and shall be enclosed
with a fence permitted by Code.
°44.1 500 _" of 41 ot# d,.,.....,.,._ pa4 i g °-e° A landscape plan shall be
submitted with an application for Certificate of Zoning Plan Approval
indicating compliance with the following requirements.
(i) Evergreen, deciduous, or a mix of the two types of shrubs shall be
installed along the outside of the outdoor recreation area fence.
(ii) Shrubs shall be planted to provide a minimum 50% opaque thfee
to FR.._ FRet a - e_arte k t s creen achieved within four years of
installation. The minimum height requirement at planting shall be
24 inches.
(iii) A deciduous tree from Group B or C of Appendix E of the Dublin
Zoning Code shall be planted every 30 feet along the outside of the
play area fence. A minimum two -inch caliper size is required at
planting.
(d) Outdoor Play. All outdoor play equipment and shade structures visible
from the right -of -way or adjacent properties shall utilize subdued
colors. Height of outdoor play equipment shall not exceed the height
permitted for accessory structures in accordance with the provisions of this
district.
(e) Design. Where daycare facilities are developed as a principal use, the
facility shall be designed in accordance with the residential design
standards of §153.190.
(C) Development standards. In addition to the provisions of §§ 153.070 through 153.076, the
following standards for arrangement and development of land and buildings are required
in the Limited Suburban Residential District.
Page 11 of 19
PROPOSED ZONING CODE AMENDMENTS
Amended for City Council Meeting 4/11/2011
DAYCARE USES IN RESIDENTIAL AND IN SUBURBAN OFFICE & INSTITUTIONAL DISTRICTS
Black — Existing Wording
Blue — New Wording
Red — Modifications Requested By PZC
Green — Modifications Requested By CC
(1) Lot area and coverage. For each dwelling unit there shall be a lot area not less
than 20,000 square feet per dwelling unit.
(a) For all other permitted uses and conditional uses, the lot area shall be
adequate to meet the sanitation requirements of the County Board of
Health, but shall not be less than that prescribed for such use.
(b) Only one principal use shall be permitted on a lot, and such lot shall not be
covered more than 20% by structure.
(2) Lot width. For a one - family dwelling there shall be a lot width of 100 feet or
more at the front line of the dwelling, and such lot shall have access to and abut
on a public right -of -way for a distance of 60 feet or more. For a conditional use,
the lot width shall be adequate to meet the development standards of the Limited
Suburban Residential District.
(3) Side yard. For dwellings or associated accessory buildings there shall be a total
of side yards of 20 feet or more with a minimum of eight feet on one side. For a
conditional use, except dwellings, and accessory structures thereto, there shall be
a side yard on each side of a building of 25 feet or more.
(4) Rear yard. For main buildings there shall be a rear yard of 20% or more of the lot
depth, except that a rear yard of more than 50 feet shall not be required.
(5) Maximum height. No dwelling structure shall exceed 35 feet in height. Maximum
height for other structures shall not exceed a safe height as determined by the Fire
Chief and as reviewed and accepted by the Planning and Zoning Commission.
§ 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
Page 12 of 19
PROPOSED ZONING CODE AMENDMENTS
Amended for City Council Meeting 4/11/2011
DAYCARE USES IN RESIDENTIAL AND IN SUBURBAN OFFICE & INSTITUTIONAL DISTRICTS
Black — Existing Wording
Blue — New Wording
Red — Modifications Requested By PZC
Green — Modifications Requested By CC
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 13 of 19
PROPOSED ZONING CODE AMENDMENTS
Amended for City Council Meeting 4/11/2011
DAYCARE USES IN RESIDENTIAL AND IN SUBURBAN OFFICE & INSTITUTIONAL DISTRICTS
Black — Existing Wording
Blue — New Wording
Red — Modifications Requested By PZC
Green — Modifications Requested By CC
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
Page 14 of 19
PROPOSED ZONING CODE AMENDMENTS
Amended for City Council Meeting 4/11/2011
DAYCARE USES IN RESIDENTIAL AND IN SUBURBAN OFFICE & INSTITUTIONAL DISTRICTS
Black — Existing Wording
Blue — New Wording
Red — Modifications Requested By PZC
Green — Modifications Requested By CC
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.
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) Child and adult daycare center.
Page 15 of 19
PROPOSED ZONING CODE AMENDMENTS
Amended for City Council Meeting 4/11/2011
DAYCARE USES IN RESIDENTIAL AND IN SUBURBAN OFFICE & INSTITUTIONAL DISTRICTS
Black — Existing Wording
Blue — New Wording
Red — Modifications Requested By PZC
Green — Modifications Requested By CC
(a) Outdoor recreation areas shall be located to the side or rear of the principal
structure and shall be enclosed with a fence permitted by Code.
(b) A landscape plan shall be submitted with an application for Certificate of
Zoning Plan Approval indicating compliance with the following
requirements.
(i) Evergreen, deciduous, or a mix of the two types of shrubs shall be
installed along the outside of the outdoor recreation area fence.
(ii) Shrubs shall be planted to provide a minimum 50% opaque screen
achieved within four years of installation. The minimum height
requirement at planting shall be 24 inches.
(iii) A deciduous tree from Group B or C of Appendix E of the Dublin
Zoning Code shall be planted every 30 feet along the outside of the
play area fence. A minimum two -inch caliper size is required at
planting.
(c) Outdoor Play. All outdoor play equipment and shade structures visible
from the right -of -way or adjacent properties shall utilize subdued colors.
(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
Page 16 of 19
PROPOSED ZONING CODE AMENDMENTS
Amended for City Council Meeting 4/11/2011
DAYCARE USES IN RESIDENTIAL AND IN SUBURBAN OFFICE & INSTITUTIONAL DISTRICTS
Black — Existing Wording
Blue — New Wording
Red — Modifications Requested By PZC
Green — Modifications Requested By CC
(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 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
Page 17 of 19
PROPOSED ZONING CODE AMENDMENTS
Amended for City Council Meeting 4/11/2011
DAYCARE USES IN RESIDENTIAL AND IN SUBURBAN OFFICE & INSTITUTIONAL DISTRICTS
Black — Existing Wording
Blue — New Wording
Red — Modifications Requested By PZC
Green — Modifications Requested By CC
Exercise centers
Health club facilities
Recreational sports club facilities
Gymnasiums
(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 ride:
(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. Aside 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.
Page 18 of 19
PROPOSED ZONING CODE AMENDMENTS
Amended for City Council Meeting 4/11/2011
DAYCARE USES IN RESIDENTIAL AND IN SUBURBAN OFFICE & INSTITUTIONAL DISTRICTS
Black — Existing Wording
Blue — New Wording
Red — Modifications Requested By PZC
Green — Modifications Requested By CC
(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 1 /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 19 of 19
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017 -1090 Memo
CITY OF DUBLIN_ Phone: 614 - 410 -4400 • Fax: 614 - 410 -4490
To: Members of Dublin City Council
From: Marsha Grigsby, City Manager \CC\V -
Date: March 24, 2011
Initiated By: Steve Langworthy, Director of Land Use and Long Range Planning
Re: Ordinance 13 -11 —Amending Sections 153.019, 153.020, 153.021 and 153.026 of
the Dublin Codified Ordinances (Zoning Code) Regarding Daycare Uses in
Residential Districts and in the Suburban Office and Institutional District (Cases
No. 10- 084ADM and 11- 006ADM)
Summary
This is a request for approval of amendments to the Dublin Zoning Code to allow daycare facilities
as permitted uses in three residential districts (the Rural, Restricted Suburban Residential and
Limited Suburban Residential Districts) and in the Suburban Office and Institutional District. The
intent of the proposed amendment is to allow daycare uses in appropriate locations in residential
and office areas as a convenient service while minimizing possible negative effects on established
development character.
Planning prepared draft Code language to add daycare facilities in residential districts that the
Planning and Zoning Commission reviewed at their January 6, 2011 meeting and recommended for
approval on January 20, 2011. In addition, the Commission reviewed and recommended approval
on February 17, 2011 for draft Code language to also add daycare facilities in the Suburban Office
and Institutional District.
Note: Council has also been asked to consider an unrelated fee waiver request for three
churches in the Earlington- Brandon PUD for a combined rezoning (preliminary
development plan) and final development plan application to add daycare and pre- school
uses as permitted in the PUD. This proposed amendment will not apply to the PUD
zoning of the three churches requesting the waiver.
Background
The proposed Zoning Code amendment originated from the discovery that some daycare - related
facilities are currently operating in the City, but are not allowed uses in the respective zoning
districts. Currently, daycare uses are only provided for in some planned districts and as conditional
uses in the CC, Community Commercial District.
Proposed Zoning Code Amendment
The proposed Zoning Code amendment includes modifications to Code Sections 153.019 through
153.021, which include the R (Rural), R -1 (Restricted Suburban Residential) and R -2 (Limited
Suburban Residential) Districts and to Code Section 153.026, SO, Suburban Office and Institutional
Memo re. Ordinance 13 -11 Code Amendment - Daycare Uses in Residential and Suburban Office Districts
March 24, 2011
Page 2 of 2
District to allow daycare uses in these areas provided specific criteria are met. The proposed
amendments are summarized below.
• Outdoor Recreation Areas. The proposed amendment stipulates that outdoor recreation areas
must be located to the side or rear of the principal structure and within the buildable area of the
lot. The amendment would also require that outdoor recreation areas use a small- to medium -
size tree and evergreen, deciduous, or a mix of the two types of shrubs to provide a minimum
50- percent opaque screen around the perimeter of the outdoor recreation area. Play equipment
and shade structures are required to utilize subdued colors, and height shall not exceed the
height permitted for accessory structures.
• Other Development Standards. Parking, landscaping, lot coverage, signs, and all other
development details must meet the applicable requirements of the Zoning Code.
The following requirements are only applicable to the residential districts:
• Principal Structure Design. When a daycare facility is a principal use, the facility must be
designed in accordance with the residential appearance standards (Code Section 153.190).
• Location. The proposed modification limits daycare centers to lots that are a minimum of two
acres and are located on a collector or arterial roadway as determined by the City Engineer at
the time of application. The purpose of this restriction is to limit daycare centers to locations on
the outskirts of established neighborhoods and to minimize traffic impacts on local streets.
Recommendation of the Planning and Zoning Commission
Residential Districts
At the January 6, 2011 meeting, Planning presented the proposed Code language to the Planning
and Zoning Commission. The Commission made several modifications, including landscape
requirements for outdoor recreation areas and clarifying the method of determination for road
classification. The Planning and Zoning Commission made a recommendation for approval to City
Council at the January 20, 2011 meeting following a review of the requested modifications.
Suburban Office and Institutional District
Based on the Commissions' input on the proposed Code Amendment for daycares in residential
districts, Planning presented draft Code language for the SO district at the February 17, 2011
Planning and Zoning Commission meeting and the Commission recommended approval of the
amendment to City Council.
Recommendation
Staff recommends approval of Ordinance 13 -11 at the second reading/public hearing on April 11,
2011.
RECORD OF ORDINANCES
Dayton Le;,al Blank, Inc. Form No. 30043
Ordinance No. 13 -11 Passed 1 20
AN ORDINANCE AMENDING SECTIONS 153.019,153.020,
153.021 AND 153.026 OF THE DUBLIN CODIFIED
ORDINANCES (ZONING CODE) REGARDING DAYCARE
USES IN RESIDENTIAL DISTRICTS AND IN THE
SUBURBAN OFFICE AND INSTITUTIONAL DISTRICT
(CASES NO. 10- 084ADM AND 11- 006ADM).
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 153.019, 153.020, 153.021 and 153.026 of the Dublin Codified
Ordinances are residential zoning districts; and
WHEREAS, the purpose of this Code amendment is to allow daycare uses in appropriate
locations in residential and office areas as a convenient service while preventing negative
effects on established neighborhood and development character; and
WHEREAS, the Planning and Zoning Commission reviewed the proposed amendment to
Sections 153.019, 153.020, and 153.021 on February 17, 2011 and recommended approval
to City Council because it serves to improve the health, safety and welfare of the citizens
of the City of Dublin.
WHEREAS, the Planning and Zoning Commission reviewed the proposed amendment to
Section 153.026 on January 20, 2011 and recommended approval to City Council 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,
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:
§ 153.019 RURAL DISTRICT.
(A) Permitted use. The following uses shall be permitted in the Rural District:
(1) Agriculture. Agriculture including farming, dairying, pasturage,
horticulture, floriculture, viticulture, and animal and poultry husbandry.
(a) Farm dwelling structures.
(b) Farm labor quarters for labor working on the premises.
(c) Roadside stand offering for sale only farm products produced on
the premises.
(2) Dwelling structures. One - family dwelling structures. A lot of record on the
date of adoption of the zoning ordinance may be subdivided in accordance
with the subdivision regulations to provide up to four residential lots,
providing the remaining portion of the lot is five acres or more.
(3) Home occupation. Home occupation in association with a permitted
dwelling and in accordance with the provisions of § 153.073.
(4) Accessory uses. Accessory buildings and uses in association with
agriculture or permitted dwellings as specified in § 153.074, including:
noncommercial guest house provided the lot is five acres or more.
(5) Schools and parks. Public or private school offering general educational
courses and having no rooms regularly used for housing or sleeping of
students. Parks, playgrounds and playfields.
RECORD OF ORDINANCES
BU ,k. me
Ordinance No. 13 -11 Passed P age 2 of 12 20
(6) Type B child care, as defined by R.C. Chapter 5104 as an accessory use of
a dwelling provided it occupies a lot of not less than one acre and there
shall be an outdoor play area of 200 square feet or more per child. Such
play area shall be arranged in accordance with the provisions of this
district for accessory uses and shall be enclosed with a fence permitted by
Code.
(7) Storage and processing of agricultural products. Grain elevator, mill or
other facilities for the storage, sorting or other preliminary processing of
agricultural products, except that commercial grain elevator operations
shall not be permitted. Storage facilities shall not be within 50 feet of a
side or rear lot line, except when along a railroad right -of -way. Processing
facilities shall not be within 100 feet of a side or rear lot line, except when
along a railroad right -of -way.
(8) Child and adult daycare center. For the purposes of this section, "daycare
center" shall mean any place that is not the permanent residence of the
licensee or administrator in which child or adult care is provided for seven
or more children or adults at one rime.
(a) The daycare center shall be located on a lot that is two acres or
larger and has frontage on a collector or arterial roadway as
determined by the City Engineer at the time of application for
Certificate of Zoning Plan Approval.
(b) Outdoor recreation areas shall be arranged in accordance with the
provisions of this district for accessory structures and shall be
enclosed with a fence permitted by Code.
(c) A landscape plan shall be submitted with an application for
Certificate of Zoning Plan Approval indicating compliance with
the following requirements.
(i) Evergreen, deciduous, or a mix of the two types of shrubs
shall be installed along the outside of the outdoor
recreation area fence.
(ii) Shrubs shall be planted to provide a minimum 50% opaque
screen achieved within four years of installation. The
minimum height requirement at planting shall be 24
inches.
(iii) A deciduous tree from Group B or C of Appendix E of the
Dublin Zoning Code shall be planted every 30 feet along
the outside of the play area fence. A minimum two -inch
caliper size is required at planting.
(d) Outdoor Play. All outdoor play equipment and shade structures
visible from the right -of -way or adjacent properties shall utilize
subdued colors. Height of outdoor play equipment shall not exceed
the height permitted for accessory structures in accordance with
the provisions of this district.
(e) Design. Where daycare facilities are developed as a principal use,
the facility shall be designed in accordance with the residential
design standards of § 153.190.
(B) Conditional use. The following uses shall be allowed in the Rural District subject
to approval in accordance with § 153.236. The design, materials, bulk and height
of buildings shall be compatible with and sufficiently buffered from surrounding
development to mitigate any potential adverse impact(s).
RECORD OF ORDINANCES
Dayton Legal Blank, Inc. Form No. 30043
Ordinance No.
13 -11
(1) Mobile Home. A mobile home or house trailer for a period not to exceed
18 months.
(2) Private school or college with students in residence provided it occupies a
lot of not less than ten acres or more and there is one acre or more per 25
day students, and one acre or more per 15 resident students.
(3) Cemetery. Cemeteries hereafter established, following the adoption of the
zoning ordinance, shall occupy a parcel of not less than 40 acres,
excepting those parcels added to an existing cemetery, which may be less
than 40 acres.
Passed Page 3 of 12
20
(a) Interment shall not be within 100 feet of any property line.
(b) A mausoleum, crematory or other structure shall not be within 300
feet of any property line.
(C)
(4) Associated sales. Associated sales as accessory to and in association with
an agricultural permitted use, such associated sales to cease upon cessation
of the agricultural activity. This shall include, but is not limited to garden
supplies with a nursery or greenhouse, milk products with a dairy, or
imported produce with a permitted produce stand.
(5) Boarding and care of animals. Office of veterinarian and animal hospital,
kennel or other facilities for care or boarding of animals provided it
occupies a lot of not less than five acres and building pen or other
enclosure so used shall not be within 200 feet of any property line.
(6) Commercial grain elevator operations. Commercial grain elevator
operations, provided that Planning and Zoning Commission determines
adequate lot area is available for such operation.
(7) Religious. Church or other place of worship provided it occupies a lot of
not less than five acres.
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 Rural District.
(1) Lot area and coverage. For agricultural purposes in the determination of
accessory and associated uses, the lot area shall be five acres or more. But
this shall not exclude agricultural use of any smaller lot.
(a) For each dwelling unit there shall be a lot area not less than 40,000
square feet per dwelling unit.
(b) For each permitted use and conditional use, the lot area shall be
adequate to meet the sanitation requirements of the County Board
of Health but shall not be less than that prescribed for such use.
(c) Only one principal use shall be permitted on a lot, and such lot
shall not be covered more than 20% by structure.
(2) Lot width. For a one - family dwelling there shall be a lot width of 150 feet
or more at the front line of the dwelling, and such lot shall have access to
and abut on a public right -of -way for a distance of 60 feet or more.
(3) Side yard. For dwellings or associated accessory buildings there shall be a
total of side yards of 25 feet or more with a minimum of eight feet on one
side. For a conditional use there shall be a side yard of not less than 25
feet, except when a larger side yard is required for such use, by the zoning
ordinance.
RECORD OF ORDINANCES
Blank, Inc.
Ordinance No. 13 -11
Passed Page 4 o f 12 20
(4) Rear yard. For main buildings, there shall be a rear yard of 20% or more
of the lot depth, except that a rear yard of more than 50 feet shall not be
required.
(5) Maximum height. No dwelling structure shall exceed 35 feet in height.
Maximum height for other structures shall not exceed a safe height as
determined by the Fire Chief and as reviewed and accepted by the
Planning and Zoning Commission.
§ 153.020 RESTRICTED SUBURBAN RESIDENTIAL DISTRICT.
(A) Permitted use. Land and buildings in the Restricted Suburban Residential District
shall be used only for the following purposes:
(1) Dwelling structures. One - family dwelling structures.
(2) Home occupation. Home occupation in association with a permitted
dwelling, and in accordance with the provisions of § 153.073.
(3) Accessory uses. Accessory buildings and uses in association with
permitted dwellings as specified in § 153.074, including: Domestic
servants' quarters (employed on the premises).
(4) Public school and parks.
(a) Public school offering general educational courses and having no
rooms regularly used for housing or sleeping of students.
(b) Parks, playgrounds and playfields.
(5) Private school. Private school offering general educational courses similar
to those ordinarily given in public schools and having no rooms regularly
used for housing or sleeping of students, providing it occupies a lot of not
less than five acres.
(6) Type B child care, as defined by R.C. Chapter 5104, as an accessory use of
a dwelling provided it occupies a lot of not less than one acre and there
shall be an outdoor play area of 200 square feet or more per child. Such
play area shall be arranged in accordance with the provisions of this
district for accessory uses and shall be enclosed with a fence permitted by
Code.
(7) Child and adult daycare center. For the purposes of this section, "daycare
center" shall mean any place that is not the permanent residence of the
licensee or administrator in which child or adult care is provided for seven
or more children or adults at one time.
(a) The daycare center shall be located on a lot that is two acres or
larger and has frontage on a collector or arterial roadway as
determined by the City Engineer at the time of application for
Certificate of Zoning Plan Approval.
(b) Outdoor recreation areas shall be arranged in accordance with the
provisions of this district for accessory structures and shall be
enclosed with a fence permitted by Code.
(c) A landscape plan shall be submitted with an application for
Certificate of Zoning Plan Approval indicating compliance with
the following requirements.
RECORD OF ORDINANCES
Blank. Inc.
Passed P age 5 of 12 20
Ordinance No. 13 -11
(i) Evergreen, deciduous, or a mix of the two types of shrubs
shall be installed along the outside of the outdoor
recreation area fence.
(ii) Shrubs shall be planted to provide a minimum 50% opaque
screen achieved within four years of installation. The
minimum height requirement at planting shall be 24
inches.
(iii) A deciduous tree from Group B or C of Appendix E of the
Dublin Zoning Code shall be planted every 30 feet along
the outside of the play area fence. A minimum two -inch
caliper size is required at planting.
(d) Outdoor Play. All outdoor play equipment and shade structures
visible from the right -of -way or adjacent properties shall utilize
subdued colors. Height of outdoor play equipment shall not exceed
the height permitted for accessory structures in accordance with
the provisions of this district.
(e) Design. Where daycare facilities are developed as a principal use,
the facility shall be designed in accordance with the residential
design standards of § 153.190.
(B) Conditional use. The following uses shall be allowed in the Restricted Suburban
Residential District subject to approval in accordance with § 153.236. The design,
materials, bulk and height of buildings shall be compatible with and sufficiently
buffered from surrounding development to mitigate any potential adverse
impact(s).
(1) Religious. Church or other place of worship provided it occupies a lot of
not less than five acres.
(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 Suburban Residential District.
(1) Lot area and coverage. For each dwelling unit there shall be a lot area
not less than 40,000 square feet per dwelling unit.
(a) For each permitted use and conditional use the lot area shall be
adequate to meet the sanitation requirements of the County Board
of Health, but shall not be less than that prescribed for such use.
(b) One principal use shall be permitted on a lot, and such lot shall not
be covered more than 20% by structure.
(2) Lot width. For a one - family dwelling there shall be a lot width of 150 feet
or more at the front line of the dwelling, and such lot shall have access to
and abut on a public right of way for a distance of 60 feet or more. For a
conditional use the lot width shall be adequate to meet the development
standards of the Restricted Suburban Residential District.
(3) Side yard. For dwellings or associated accessory buildings there shall be a
total of side yards of 25 feet or more with a minimum of eight feet on one
side. For a conditional use, except dwellings, and accessory structures
thereto, there shall be a side yard on each side of a building of 25 feet or
more.
(4) Rear yard. For main buildings, there shall be a rear yard of 20% or more
of the lot depth, except that a rear yard of more than 50 feet shall not be
required.
RECORD OF ORDINANCES
Dayton Leeal Blank. Inc. Form No. 30043
Ordinance No
13 -11
(5) Maximum height. No dwelling structure shall exceed 35 feet in height.
Maximum height for other structures shall not exceed a safe height as
determined by the Fire Chief and as reviewed and accepted by the
Planning and Zoning Commission.
Passed Page 6 of 12
20
§ 153.021 LIMITED SUBURBAN RESIDENTIAL DISTRICT.
(A) Permitted use. Land and buildings in the Limited Suburban Residential Districts
shall be used only for the following purposes:
(1) Dwelling structures.
(a) One - family dwelling structures.
(b) Two - family dwelling structures existing as of September 5, 2007.
(2) Home occupation. Home occupation in association with a permitted
dwelling, and in accordance with the provisions of § 153.073.
(3) Accessory use. Accessory buildings and uses in association with
permitted dwellings as specified in § 153.074.
(4) Public school and parks. Public school offering general educational
courses and having no rooms regularly used for housing or sleeping of
students. Parks, playgrounds and playfields.
(5) Private school. Private school offering general educational courses similar
to those ordinarily given in public schools and having no rooms regularly
used for housing or sleeping of students, providing it occupies a lot of not
less than five acres.
(6) Type B child care, as defined by R.C. Chapter 5104, as an accessory use of
a dwelling provided it occupies a lot of not less than one acre and there
shall be an outdoor play area of 200 square feet or more per child. Such
play area shall be arranged in accordance with the provisions of this
district for accessory uses and shall be enclosed a fence permitted by
Code.
(7) Child and adult daycare center. For the purposes of this section, "daycare
center" shall mean any place that is not the permanent residence of the
licensee or administrator in which child or adult care is provided for seven
or more children or adults at one time.
(a) The daycare center shall be located on a lot that is two acres or
larger and has frontage on a collector or arterial roadway as
determined by the City Engineer at the time of application for
Certificate of Zoning Plan Approval.
(b) Outdoor recreation areas shall be arranged in accordance with the
provisions of this district for accessory structures and shall be
enclosed with a fence permitted by Code.
(c) A landscape plan shall be submitted with an application for
Certificate of Zoning Plan Approval indicating compliance with
the following requirements.
(i) Evergreen, deciduous, or a mix of the two types of shrubs
shall be installed along the outside of the outdoor
recreation area fence.
RECORD OF ORDINANCES
Blank, Inc.
Ordinance No.
13 -11
Passed P age 7 of 12 20
(ii) Shrubs shall be planted to provide a minimum 50% opaque
screen achieved within four years of installation. The
minimum height requirement at planting shall be 24
inches.
(iii) A deciduous tree from Group B or C of Appendix E of the
Dublin Zoning Code shall be planted every 30 feet along
the outside of the play area fence. A minimum two -inch
caliper size is required at planting.
(d) Outdoor Play. All outdoor play equipment and shade structures
visible from the right -of -way or adjacent properties shall utilize
subdued colors. Height of outdoor play equipment shall not exceed
the height permitted for accessory structures in accordance with
the provisions of this district.
(e) Design. Where daycare facilities are developed as a principal use, the facility shall
be designed in accordance with the residential design standards of § 153.190.
(B) Conditional use. The following uses shall be allowed in the Limited Suburban
Residential District subject to approval in accordance with § 153.236. The design,
materials, bulk and height of buildings shall be compatible with and sufficiently
buffered from surrounding development to mitigate any potential adverse
impact(s).
(1) Religious. Church or other place of worship provided it occupies a lot of
not less than five acres.
(C) Development standards. In addition to the provisions of §§ 153.070 through
153.076, the following standards for arrangement and development of land and
buildings are required in the Limited Suburban Residential District.
(1) Lot area and coverage. For each dwelling unit there shall be a lot area not
less than 20,000 square feet per dwelling unit.
(a) For all other permitted uses and conditional uses, the lot area shall
be adequate to meet the sanitation requirements of the County
Board of Health, but shall not be less than that prescribed for such
use.
(b) Only one principal use shall be permitted on a lot, and such lot
shall not be covered more than 20% by structure.
(2) Lot width. For a one- family dwelling there shall be a lot width of 100 feet
or more at the front line of the dwelling, and such lot shall have access to
and abut on a public right -of -way for a distance of 60 feet or more. For a
conditional use, the lot width shall be adequate to meet the development
standards of the Limited Suburban Residential District.
(3) Side yard. For dwellings or associated accessory buildings there shall be a
total of side yards of 20 feet or more with a minimum of eight feet on one
side. For a conditional use, except dwellings, and accessory structures
thereto, there shall be a side yard on each side of a building of 25 feet or
more.
(4) Rear yard. For main buildings there shall be a rear yard of 20% or more of
the lot depth, except that a rear yard of more than 50 feet shall not be
required.
RECORD OF ORDINANCES
Day[on Leal Blank, Inc. Forth No. 30043
Ordinance No
13 -11
Passed Page 8 of 12 20
(5) Maximum height. No dwelling structure shall exceed 35 feet in height.
Maximum height for other structures shall not exceed a safe height as
determined by the Fire Chief and as reviewed and accepted by the
Planning and Zoning Commission.
§ 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
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
RECORD OF ORDINANCES
Blank. Inc.
Ordinance No.
13 -11
Passed P 9 of 1 2 20
(3)
(4)
(5)
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
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
Institutions. Institutions providing social, cultural, educational and health
services to member agencies, organizations and individuals or to the
general public.
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
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
RECORD OF ORDINANCES
Blank, Inc.
Ordinance No.
13 -11
Passed Page 10 of 12 20
(6)
864 Civic, social and fraternal associations
865 Political organizations
867 Charitable organizations
869 Nonprofit membership organizations, not elsewhere classified.
Child and adult daycare center.
(a) Outdoor recreation areas shall be located to the side or rear of the
principal structure and shall be enclosed with a fence permitted by
Code.
(b) A landscape plan shall be submitted with an application for
Certificate of Zoning Plan Approval indicating compliance with
the following requirements.
(i) Evergreen, deciduous, or a mix of the two types of shrubs
shall be installed along the outside of the outdoor
recreation area fence.
(ii) Shrubs shall be planted to provide a minimum 50% opaque
screen achieved within four years of installation. The
minimum height requirement at planting shall be 24
inches.
(iii) A deciduous tree from Group B or C of Appendix E of the
Dublin Zoning Code shall be planted every 30 feet along
the outside of the play area fence. A minimum two -inch
caliper size is required at planting.
(c) Outdoor Play. All outdoor play equipment and shade structures
visible from the right -of -way or adjacent properties shall utilize
subdued colors.
(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
RECORD OF ORDINANCES
Dayton Legal Blank, Inc. Form No. 30043
Ordinance No. 13 -11 Passed Page 11 of 12 20
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 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
(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 ride:
(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.
RECORD OF ORDINANCES
Blank, Inc.
Ordinance No. 13 -11 Passed Page 12 of 12 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 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.
Section 2. This Ordinance shall be effective upon the earliest date permitted by law.
Passed this day of 1 2011.
Mayor - Presiding Officer
ATTEST:
Clerk of Council
EXISTING ZONING TEXT
§ 153.019 RURAL DISTRICT.
(A) Permitted use. The following uses shall be permitted in the Rural District:
(1) Agriculture. Agriculture including farming, dairying, pasturage, horticulture,
floriculture, viticulture, and animal and poultry husbandry.
(a) Farm dwelling structures.
(b) Farm labor quarters for labor working on the premises.
(c) Roadside stand offering for sale only farm products produced on the premises.
(2) Dwelling structures. One - family dwelling structures. A lot of record on the date of
adoption of the zoning ordinance may be subdivided in accordance with the subdivision
regulations to provide up to four residential lots, providing the remaining portion of the lot is five
acres or more.
(3) Home occupation. Home occupation in association with a permitted dwelling and in
accordance with the provisions of § 153.073
(4) Accessory uses. Accessory buildings and uses in association with agriculture or
permitted dwellings as specified in § 153.074 including: noncommercial guest house provided
the lot is five acres or more.
(5) Schools and parks. Public or private school offering general educational courses and
having no rooms regularly used for housing or sleeping of students. Parks, playgrounds and
playfields.
(6) Type B child care, as defined by R.C. Chapter 5104 as an accessory use of a
dwelling provided it occupies a lot of not less than one acre and there shall be an outdoor play
area of 200 square feet or more per child. Such play area shall be arranged in accordance with
the provisions of this district for accessory uses and shall be enclosed with a fence permitted by
Code.
(7) Storage and processing of agricultural products. Grain elevator, mill or other
facilities for the storage, sorting or other preliminary processing of agricultural products, except
that commercial grain elevator operations shall not be permitted. Storage facilities shall not be
within 50 feet of a side or rear lot line, except when along a railroad right -of -way. Processing
facilities shall not be within 100 feet of a side or rear lot line, except when along a railroad right -
of -way.
(B) Conditional use. The following uses shall be allowed in the Rural District subject to
approval in accordance with § 153.236 The design, materials, bulk and height of buildings shall
be compatible with and sufficiently buffered from surrounding development to mitigate any
potential adverse impact(s).
Page 1 of 11
EXISTING ZONING TEXT
(1) Mobile Home. A mobile home or house trailer for a period not to exceed 18 months.
(2) Private school or college with students in residence provided it occupies a lot of not
less than ten acres or more and there is one acre or more per 25 day students, and one acre or
more per 15 resident students.
(3) Cemetery. Cemeteries hereafter established, following the adoption of the zoning
ordinance, shall occupy a parcel of not less than 40 acres, excepting those parcels added to an
existing cemetery, which may be less than 40 acres.
(a) Interment shall not be within 100 feet of any property line.
(b) A mausoleum, crematory or other structure shall not be within 300 feet of any
property line.
(4) Associated sales. Associated sales as accessory to and in association with an
agricultural permitted use, such associated sales to cease upon cessation of the agricultural
activity. This shall include, but is not limited to garden supplies with a nursery or greenhouse,
milk products with a dairy, or imported produce with a permitted produce stand.
(5) Boarding and care of animals. Office of veterinarian and animal hospital, kennel or
other facilities for care or boarding of animals provided it occupies a lot of not less than five
acres and building pen or other enclosure so used shall not be within 200 feet of any property
line.
(6) Commercial grain elevator operations. Commercial grain elevator operations,
provided that Planning and Zoning Commission determines adequate lot area is available for
such operation.
(7) Religious. Church or other place of worship provided it occupies a lot of not less
than five acres.
(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 Rural District.
(1) Lot area and coverage. For agricultural purposes in the determination of accessory
and associated uses, the lot area shall be five acres or more. But this shall not exclude
agricultural use of any smaller lot.
(a) For each dwelling unit there shall be a lot area not less than 40,000 square feet
per dwelling unit.
(b) For each permitted use and conditional use, the lot area shall be adequate to meet
the sanitation requirements of the County Board of Health but shall not be less than that
prescribed for such use.
Page 2 of 11
EXISTING ZONING TEXT
(c) Only one principal use shall be permitted on a lot, and such lot shall not be
covered more than 20% by structure.
(2) Lot width. For a one - family dwelling there shall be a lot width of 150 feet or more at
the front line of the dwelling, and such lot shall have access to and abut on a public right -of -way
for a distance of 60 feet or more.
(3) Side yard. For dwellings or associated accessory buildings there shall be a total of
side yards of 25 feet or more with a minimum of eight feet on one side. For a conditional use
there shall be a side yard of not less than 25 feet, except when a larger side yard is required for
such use, by the zoning ordinance.
(4) Rear yard. For main buildings, there shall be a rear yard of 20% or more of the lot
depth, except that a rear yard of more than 50 feet shall not be required.
(5) Maximum height. No dwelling structure shall exceed 35 feet in height. Maximum
height for other structures shall not exceed a safe height as determined by the Fire Chief and as
reviewed and accepted by the Planning and Zoning Commission.
('80 Code, §§ 1145.01 - 1145.03) (Ord. 21 -70, passed 7- 13 -70; Am. Ord. 54 -77, passed 10 -3 -77;
Am. Ord. 147 -97, passed 12- 15 -97; Am. Ord. 57 -07, passed 9 -4 -07; Am. Ord. 41 -09, passed 9 -8-
09) Penalty, see § 153.999
§ 153.020 RESTRICTED SUBURBAN RESIDENTIAL DISTRICT.
(A) Permitted use. Land and buildings in the Restricted Suburban Residential District shall
be used only for the following purposes:
(1) Dwelling structures. One - family dwelling structures.
(2) Home occupation. Home occupation in association with a permitted dwelling, and in
accordance with the provisions of § 153.073
(3) Accessory uses. Accessory buildings and uses in association with permitted
dwellings as specified in § 153.074 including: Domestic servants' quarters (employed on the
premises).
(4) Public school and parks.
(a) Public school offering general educational courses and having no rooms regularly
used for housing or sleeping of students.
(b) Parks, playgrounds and playfields.
Page 3 of 11
EXISTING ZONING TEXT
(5) Private school. Private school offering general educational courses similar to those
ordinarily given in public schools and having no rooms regularly used for housing or sleeping of
students, providing it occupies a lot of not less than five acres.
(6) Type B child care, as defined by R.C. Chapter 5104, as an accessory use of a
dwelling provided it occupies a lot of not less than one acre and there shall be an outdoor play
area of 200 square feet or more per child. Such play area shall be arranged in accordance with
the provisions of this district for accessory uses and shall be enclosed with a fence permitted by
Code.
(B) Conditional use. The following uses shall be allowed in the Restricted Suburban
Residential District subject to approval in accordance with § 153.236 The design, materials,
bulk and height of buildings shall be compatible with and sufficiently buffered from surrounding
development to mitigate any potential adverse impact(s).
(1) Religious. Church or other place of worship provided it occupies a lot of not less
than five acres.
(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 Suburban Residential District.
(1) Lot area and coverage. For each dwelling unit there shall be a lot area not less than
40,000 square feet per dwelling unit.
(a) For each permitted use and conditional use the lot area shall be adequate to meet
the sanitation requirements of the County Board of Health, but shall not be less than that
prescribed for such use.
(b) One principal use shall be permitted on a lot, and such lot shall not be covered
more than 20% by structure.
(2) Lot width. For a one - family dwelling there shall be a lot width of 150 feet or more at
the front line of the dwelling, and such lot shall have access to and abut on a public right of way
for a distance of 60 feet or more. For a conditional use the lot width shall be adequate to meet the
development standards of the Restricted Suburban Residential District.
(3) Side yard. For dwellings or associated accessory buildings there shall be a total of
side yards of 25 feet or more with a minimum of eight feet on one side. For a conditional use,
except dwellings, and accessory structures thereto, there shall be a side yard on each side of a
building of 25 feet or more.
(4) Rear yard. For main buildings, there shall be a rear yard of 20% or more of the lot
depth, except that a rear yard of more than 50 feet shall not be required.
Page 4 of 11
EXISTING ZONING TEXT
(5) Maximum height. No dwelling structure shall exceed 35 feet in height. Maximum
height for other structures shall not exceed a safe height as determined by the Fire Chief and as
reviewed and accepted by the Planning and Zoning Commission.
('80 Code, §§ 1147.01, 1147.02) (Ord. 21 -70, passed 7- 13 -70; Am. Ord. 41 -09, passed 9 -8 -09)
Penalty, see § 153.999
§ 153.021 LIMITED SUBURBAN RESIDENTIAL DISTRICT.
(A) Permitted use. Land and buildings in the Limited Suburban Residential Districts shall
be used only for the following purposes:
(1) Dwelling structures.
(a) One - family dwelling structures.
(b) Two - family dwelling structures existing as of September 5, 2007.
(2) Home occupation. Home occupation in association with a permitted dwelling, and in
accordance with the provisions of § 153.073
(3) Accessory use. Accessory buildings and uses in association with permitted
dwellings as specified in § 153.074
(4) Public school and parks. Public school offering general educational courses and
having no rooms regularly used for housing or sleeping of students. Parks, playgrounds and
playfields.
(5) Private school. Private school offering general educational courses similar to those
ordinarily given in public schools and having no rooms regularly used for housing or sleeping of
students, providing it occupies a lot of not less than five acres.
(6) Type B child care, as defined by R.C. Chapter 5104, as an accessory use of a
dwelling provided it occupies a lot of not less than one acre and there shall be an outdoor play
area of 200 square feet or more per child. Such play area shall be arranged in accordance with
the provisions of this district for accessory uses and shall be enclosed a fence permitted by Code.
(B) Conditional use. The following uses shall be allowed in the Limited Suburban
Residential District subject to approval in accordance with § 153.236 The design, materials,
bulk and height of buildings shall be compatible with and sufficiently buffered from surrounding
development to mitigate any potential adverse impact(s).
(1) Religious. Church or other place of worship provided it occupies a lot of not less
than five acres.
Page 5 of 11
EXISTING ZONING TEXT
(C) Development standards. In addition to the provisions of §§ 153.070 through 153.076
the following standards for arrangement and development of land and buildings are required in
the Limited Suburban Residential District.
(1) Lot area and coverage. For each dwelling unit there shall be a lot area not less than
20,000 square feet per dwelling unit.
(a) For all other permitted uses and conditional uses, the lot area shall be adequate to
meet the sanitation requirements of the County Board of Health, but shall not be less than that
prescribed for such use.
(b) Only one principal use shall be permitted on a lot, and such lot shall not be
covered more than 20% by structure.
(2) Lot width. For a one - family dwelling there shall be a lot width of 100 feet or more at
the front line of the dwelling, and such lot shall have access to and abut on a public right -of -way
for a distance of 60 feet or more. For a conditional use, the lot width shall be adequate to meet
the development standards of the Limited Suburban Residential District.
(3) Side yard. For dwellings or associated accessory buildings there shall be a total of
side yards of 20 feet or more with a minimum of eight feet on one side. For a conditional use,
except dwellings, and accessory structures thereto, there shall be a side yard on each side of a
building of 25 feet or more.
(4) Rear yard. For main buildings there shall be a rear yard of 20% or more of the lot
depth, except that a rear yard of more than 50 feet shall not be required.
(5) Maximum height. No dwelling structure shall exceed 35 feet in height. Maximum
height for other structures shall not exceed a safe height as determined by the Fire Chief and as
reviewed and accepted by the Planning and Zoning Commission.
('80 Code, §§ 1149.01 - 1149.03) (Ord. 21 -70, passed 7- 13 -70; Am. Ord. 147 -97, passed 12 -15-
97; Am. Ord. 50 -07, passed 8 -6 -07; Am. Ord. 57 -07, passed 9 -4 -07; Am. Ord. 41 -09, passed 9 -8-
09) Penalty, see § 153.999
§ 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
Page 6 of 11
EXISTING ZONING TEXT
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
639
Insurance carriers, not elsewhere classified
641
Insurance agents, brokers and service
651
Real estate operators (except developers) and lessors
Page 7 of 11
EXISTING ZONING TEXT
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.
806 Hospitals
Page 8 of 11
EXISTING ZONING TEXT
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.
Page 9 of 11
EXISTING ZONING TEXT
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 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
Page 10 of 11
EXISTING ZONING TEXT
(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 ride:
(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 1 /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.
('80 Code, §§ 1159.01 - 1159.03) (Ord. 21 -70, passed 7- 13 -70; Am. Ord. 147 -97, passed 12 -15-
97; Am. Ord. 68 -99, passed 9 -5 -00; Am. Ord. 57 -07, passed 9 -4 -07; Am. Ord. 96 -07, passed 1-
22-08) Penalty, see § 153.999
Page 11 of 11
PROPOSED ZONING CODE MODIFICATION
DAY CARE USES IN RESIDENTIAL AND SUBURBAN OFFICE DISTRICTS
Black — Existing Wording CC 3/28/2011
Blue — New Wording Red — Modifications Requested By PZC
§ 153.019 RURAL DISTRICT.
(A) Permitted use. The following uses shall be permitted in the Rural District:
(1) Agriculture. Agriculture including farming, dairying, pasturage, horticulture,
floriculture, viticulture, and animal and poultry husbandry.
(a) Farm dwelling structures.
(b) Farm labor quarters for labor working on the premises.
(c) Roadside stand offering for sale only farm products produced on the
premises.
(2) Dwelling structures. One - family dwelling structures. A lot of record on the date
of adoption of the zoning ordinance may be subdivided in accordance with the
subdivision regulations to provide up to four residential lots, providing the
remaining portion of the lot is five acres or more.
(3) Home occupation. Home occupation in association with a permitted dwelling and
in accordance with the provisions of § 153.073.
(4) Accessory uses. Accessory buildings and uses in association with agriculture or
permitted dwellings as specified in § 153.074, including: noncommercial guest
house provided the lot is five acres or more.
(5) Schools and parks. Public or private school offering general educational courses
and having no rooms regularly used for housing or sleeping of students. Parks,
playgrounds and playfields.
(6) Type B child care, as defined by R.C. Chapter 5104 as an accessory use of a
dwelling provided it occupies a lot of not less than one acre and there shall be an
outdoor play area of 200 square feet or more per child. Such play area shall be
arranged in accordance with the provisions of this district for accessory uses and
shall be enclosed with a fence permitted by Code.
(7) Storage and processing of agricultural products. Grain elevator, mill or other
facilities for the storage, sorting or other preliminary processing of agricultural
products, except that commercial grain elevator operations shall not be permitted.
Storage facilities shall not be within 50 feet of a side or rear lot line, except when
along a railroad right -of -way. Processing facilities shall not be within 100 feet of
a side or rear lot line, except when along a railroad right -of -way.
(8) Child and adult daycare center. For the purposes of this section, "daycare center"
shall mean any place that is not the permanent residence of the licensee or
Page 1 of 15
PROPOSED ZONING CODE MODIFICATION
DAY CARE USES IN RESIDENTIAL AND SUBURBAN OFFICE DISTRICTS
Black — Existing Wording CC 3/28/2011
Blue — New Wording Red — Modifications Requested By PZC
administrator in which child or adult care is provided for seven or more children
or adults at one time.
(a) The daycare center shall be located on a lot that is two acres or larger and
has frontage on a collector or arterial roadway as de€44ed 4� 4146 meg4
ree afAly ,.4 Tl fe PlaM determined by the City Engineer at
the time of application for Certificate of Zoning Plan Approval.
(b) Outdoor recreation areas shall be arranged in accordance with the
provisions of this district for accessory structures and shall be enclosed
with a fence permitted by Code.
( n.. *a,.,... r ea a s h a ll b null. ..,.a w ith l
* 41 4 : 44 500 f..* ,.f *T.. ,... *a,.,. rep ...,.*:,... ,._.,. A landscape plan shall be
submitted with an application for Certificate of Zoning Plan Approval
indicating compliance with the following requirements.
(i) Evergreen, deciduous, or a mix of the two types of shrubs shall be
installed along the outside of the outdoor recreation area fence.
(ii) Shrubs shall be planted to provide a minimum 50% opaque t lxee
* A ..« 4_ .4 a - efage height s creen achieved within four years of
installation. The minimum height requirement at planting shall be
24 inches.
(iii) A deciduous tree from Group B or C of Appendix E of the Dublin
Zoning Code shall be planted every 30 feet along the outside of the
play area fence. A minimum two -inch caliper size is required at
planting.
(d) Outdoor Play. All outdoor play equipment and shade structures visible
from the right -of -way or adjacent properties shall utilize subdued - natural
colors. Height of outdoor play equipment shall not exceed the height
permitted for accessory structures in accordance with the provisions of this
district.
(e) Design. Where daycare facilities are developed as a principal use, the
facility shall be designed in accordance with the residential design
standards of §153.190.
(B) Conditional use. The following uses shall be allowed in the Rural District subject to
approval in accordance with § 153.236. The design, materials, bulk and height of
buildings shall be compatible with and sufficiently buffered from surrounding
development to mitigate any potential adverse impact(s).
Page 2 of 15
PROPOSED ZONING CODE MODIFICATION
DAY CARE USES IN RESIDENTIAL AND SUBURBAN OFFICE DISTRICTS
Black — Existing Wording CC 3/28/2011
Blue — New Wording Red — Modifications Requested By PZC
(1) Mobile Home. A mobile home or house trailer for a period not to exceed 18
months.
(2) Private school or college with students in residence provided it occupies a lot of
not less than ten acres or more and there is one acre or more per 25 day students,
and one acre or more per 15 resident students.
(3) Cemetery. Cemeteries hereafter established, following the adoption of the zoning
ordinance, shall occupy a parcel of not less than 40 acres, excepting those parcels
added to an existing cemetery, which may be less than 40 acres.
(a) Interment shall not be within 100 feet of any property line.
(b) A mausoleum, crematory or other structure shall not be within 300 feet of
any property line.
(4) Associated sales. Associated sales as accessory to and in association with an
agricultural permitted use, such associated sales to cease upon cessation of the
agricultural activity. This shall include, but is not limited to garden supplies with
a nursery or greenhouse, milk products with a dairy, or imported produce with a
permitted produce stand.
(5) Boarding and care of animals. Office of veterinarian and animal hospital, kennel
or other facilities for care or boarding of animals provided it occupies a lot of not
less than five acres and building pen or other enclosure so used shall not be within
200 feet of any property line.
(6) Commercial grain elevator operations. Commercial grain elevator operations,
provided that Planning and Zoning Commission determines adequate lot area is
available for such operation.
(7) Religious. Church or other place of worship provided it occupies a lot of not less
than five acres.
(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 Rural District.
(1) Lot area and coverage. For agricultural purposes in the determination of
accessory and associated uses, the lot area shall be five acres or more. But this
shall not exclude agricultural use of any smaller lot.
(a) For each dwelling unit there shall be a lot area not less than 40,000 square
feet per dwelling unit.
Page 3 of 15
PROPOSED ZONING CODE MODIFICATION
DAY CARE USES IN RESIDENTIAL AND SUBURBAN OFFICE DISTRICTS
Black — Existing Wording CC 3/28/2011
Blue — New Wording Red — Modifications Requested By PZC
(b) For each permitted use and conditional use, the lot area shall be adequate
to meet the sanitation requirements of the County Board of Health but
shall not be less than that prescribed for such use.
(c) Only one principal use shall be permitted on a lot, and such lot shall not be
covered more than 20% by structure.
(2) Lot width. For a one - family dwelling there shall be a lot width of 150 feet or
more at the front line of the dwelling, and such lot shall have access to and abut
on a public right -of -way for adistance of 60 feet or more.
(3) Side yard. For dwellings or associated accessory buildings there shall be a total
of side yards of 25 feet or more with a minimum of eight feet on one side. For a
conditional use there shall be a side yard of not less than 25 feet, except when a
larger side yard is required for such use, by the zoning ordinance.
(4) Rear yard. For main buildings, there shall be a rear yard of 20% or more of the
lot depth, except that a rear yard of more than 50 feet shall not be required.
(5) Maximum height. No dwelling structure shall exceed 35 feet in height. Maximum
height for other structures shall not exceed a safe height as determined by the Fire
Chief and as reviewed and accepted by the Planning and Zoning Commission.
§ 153.020 RESTRICTED SUBURBAN RESIDENTIAL DISTRICT.
(A) Permitted use. Land and buildings in the Restricted Suburban Residential District shall
be used only for the following purposes:
(1) Dwelling structures. One - family dwelling structures.
(2) Home occupation. home occupation in association with a permitted dwelling, and
in accordance with the provisions of § 153.073.
(3) Accessory uses. Accessory buildings and uses in association with permitted
dwellings as specified in § 153.074, including: Domestic servants' quarters
(employed on the premises).
(4) Public school and parks.
(a) Public school offering general educational courses and having no rooms
regularly used for housing or sleeping of students.
(b) Parks, playgrounds and playfields.
Page 4 of 15
PROPOSED ZONING CODE MODIFICATION
DAY CARE USES IN RESIDENTIAL AND SUBURBAN OFFICE DISTRICTS
Black — Existing Wording CC 3/28/2011
Blue — New Wording Red — Modifications Requested By PZC
(5) Private school. Private school offering general educational courses similar to
those ordinarily given in public schools and having no rooms regularly used for
housing or sleeping of students, providing it occupies a lot of not less than five
acres.
(6) Type B child care, as defined by R.C. Chapter 5104, as an accessory use of a
dwelling provided it occupies a lot of not less than one acre and there shall be an
outdoor play area of 200 square feet or more per child. Such play area shall be
arranged in accordance with the provisions of this district for accessory uses and
shall be enclosed with a fence permitted by Code.
(7) Child and adult daycare center. For the purposes of this section, "daycare
centers" shall mean any place that is not the permanent residence of the licensee
or administrator in which child or adult care is provided for seven or more
children or adults at one time.
(a) The daycare center shall be located on a lot that is two acres or larger and
has frontage on a collector or arterial roadway as dAP44ed 4� * sns meg4
determined by the City Engineer at
the time of application for Certificate of Zoning Plan Approval.
(b) Outdoor recreation areas shall be arranged in accordance with the
provisions of this district for accessory structures and shall be enclosed
with afence permitted by Code.
..,:*>,:.. 500 F..* 4414A ,... *,1,.,. rep...,.*:,... A landscape plan shall be
submitted with an application for Certificate of Zoning Plan Approval
indicating compliance with the following requirements.
(i) Evergreen, deciduous, or a mix of the two types of shrubs shall be
installed along the outside of the outdoor recreation area fence.
(ii) Shrubs shall be planted to provide a minimum 50% opaque thfee
*R F).._ FR�* a - efage height s creen achieved within four years of
installation. The minimum height requirement at planting shall be
24 inches.
(iii) A deciduous tree from Group B or C of Appendix E of the Dublin
Zoning Code shall be planted every 30 feet along the outside of the
play area fence. A minimum two -inch caliper size is required at
planting.
(d) Outdoor Play. All outdoor play equipment and shade structures visible
from the right -of -way or adjacent properties shall utilize subdued -, H*tHf9
Page 5 of 15
PROPOSED ZONING CODE MODIFICATION
DAY CARE USES IN RESIDENTIAL AND SUBURBAN OFFICE DISTRICTS
Black — Existing Wording CC 3/28/2011
Blue — New Wording Red — Modifications Requested By PZC
colors. Height of outdoor play equipment shall not exceed the height
permitted for accessory structures in accordance with the provisions of this
district.
(e) Design. Where daycare facilities are developed as a principal use, the
facility shall be designed in accordance with the residential design
standards of §153.190.
(B) Conditional use. The following uses shall be allowed in the Restricted Suburban
Residential District subject to approval in accordance with § 153.236. The
design, materials, bulk and height of buildings shall be compatible with and
sufficiently buffered from surrounding development to mitigate any potential
adverse impact(s).
(1) Religious. Church or other place of worship provided it occupies a lot of not less
than five acres.
(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 Suburban Residential District.
(1) Lot area and coverage. For each dwelling unit there shall be a lot area not less
than 40,000 square feet per dwelling unit.
(a) For each permitted use and conditional use the lot area shall be adequate
to meet the sanitation requirements of the County Board of Health, but
shall not be less than that prescribed for such use.
(b) One principal use shall be permitted on a lot, and such lot shall not be
covered more than 20% by structure.
(2) Lot width. For a one - family dwelling there shall be a lot width of 150 feet or
more at the front line of the dwelling, and such lot shall have access to and abut
on a public right of way for a distance of 60 feet or more. For a conditional use
the lot width shall be adequate to meet the development standards of the
Restricted Suburban Residential District.
(3) Side yard. For dwellings or associated accessory buildings there shall be a total of
side yards of 25 feet or more with a minimum of eight feet on one side. For a
conditional use, except dwellings, and accessory structures thereto, there shall be
a side yard on each side of a building of 25 feet or more.
(4) Rear yard. For main buildings, there shall be a rear yard of 20% or more of the
lot depth, except that a rear yard of more than 50 feet shall not be required.
Page 6 of 15
PROPOSED ZONING CODE MODIFICATION
DAY CARE USES IN RESIDENTIAL AND SUBURBAN OFFICE DISTRICTS
Black — Existing Wording CC 3/28/2011
Blue — New Wording Red — Modifications Requested By PZC
(5) Maximum height. No dwelling structure shall exceed 35 feet in height. Maximum
height for other structures shall not exceed a safe height as determined by the Fire
Chief and as reviewed and accepted by the Planning and Zoning Commission.
§ 153.021 LIMITED SUBURBAN RESIDENTIAL DISTRICT.
(A) Permitted use. Land and buildings in the Limited Suburban Residential Districts shall be
used only for the following purposes:
(1) Dwelling structures.
(a) One - family dwelling structures.
(b) Two - family dwelling structures existing as of September 5, 2007.
(2) Home occupation. Home occupation in association with a permitted dwelling, and
in accordance with the provisions of § 153.073.
(3) Accessory use. Accessory buildings and uses in association with permitted
dwellings as specified in § 153.074.
(4) Public school and parks. Public school offering general educational courses and
having no rooms regularly used for housing or sleeping of students. Parks,
playgrounds and playfields.
(5) Private school. Private school offering general educational courses similar to
those ordinarily given in public schools and having no rooms regularly used for
housing or sleeping of students, providing it occupies a lot of not less than five
acres.
(6) Type B child care, as defined by R.C. Chapter 5104, as an accessory use of a
dwelling provided it occupies a lot of not less than one acre and there shall be an
outdoor play area of 200 square feet or more per child. Such play area shall be
arranged in accordance with the provisions of this district for accessory uses and
shall be enclosed a fence permitted by Code.
(7) Child and adult daycare center. For the purposes of this section, "daycare
centers" shall mean any place that is not the permanent residence of the licensee
or administrator in which child or adult care is provided for seven or more
children or adults at one time.
(a) The daycare center shall be located on a lot that is two acres or larger and
has frontage on a collector or arterial roadway as defined � the ma�
Page 7 of 15
PROPOSED ZONING CODE MODIFICATION
DAY CARE USES IN RESIDENTIAL AND SUBURBAN OFFICE DISTRICTS
Black — Existing Wording CC 3/28/2011
Blue — New Wording Red — Modifications Requested By PZC
roe ei4ly a d at . *.a 44 UlaM determined by the City Engineer at
the time of application for Certificate of Zoning Plan Approval.
(b) Outdoor recreation areas shall be arranged in accordance with the
provisions of this district for accessory structures and shall be enclosed
with afence permitted by Code.
(c)
..,41 500 4e4 4*14. e .. *a,.,. resrea4ieo A landscape plan shall be
submitted with an application for Certificate of Zoning Plan Approval
indicating compliance with the following requirements.
(i) Evergreen, deciduous, or a mix of the two types of shrubs shall be
installed along the outside of the outdoor recreation area fence.
(ii) Shrubs shall be planted to provide a minimum 50% opaque three
*R a..._ FRR* aver heigl.* s creen achieved within four years of
installation. The minimum height requirement at planting shall be
24 inches.
(iii) A deciduous tree from Group B or C of Appendix E of the Dublin
Zoning Code shall be planted every 30 feet along the outside of the
play area fence. A minimum two -inch caliper size is required at
planting.
(d) Outdoor Play. All outdoor play equipment and shade structures visible
from the right -of -way or adjacent properties shall utilize subdued „
colors. Height of outdoor play equipment shall not exceed the height
permitted for accessory structures in accordance with the provisions of this
district.
(e) Design. Where daycare facilities are developed as a principal use, the
facility shall be designed in accordance with the residential design
standards of §153.190.
(B) Conditional use. The following uses shall be allowed in the Limited Suburban
Residential District subject to approval in accordance with § 153.236. The
design, materials, bulk and height of buildings shall be compatible with and
sufficiently buffered from surrounding development to mitigate any potential
adverse impact(s).
(1) Religious. Church or other place of worship provided it occupies a lot of not less
than five acres.
Page 8 of 15
PROPOSED ZONING CODE MODIFICATION
DAY CARE USES IN RESIDENTIAL AND SUBURBAN OFFICE DISTRICTS
Black — Existing Wording CC 3/28/2011
Blue — New Wording Red — Modifications Requested By PZC
(C) Development standards. In addition to the provisions of §§ 153.070 through 153.076, the
following standards for arrangement and development of land and buildings are required
in the Limited Suburban Residential District.
(1) Lot area and coverage. For each dwelling unit there shall be a lot area not less
than 20,000 square feet per dwelling unit.
(a) For all other permitted uses and conditional uses, the lot area shall be
adequate to meet the sanitation requirements of the County Board of
Health, but shall not be less than that prescribed for such use.
(b) Only one principal use shall be permitted on a lot, and such lot shall not be
covered more than 20% by structure.
(2) Lot width. For a one - family dwelling there shall be a lot width of 100 feet or
more at the front line of the dwelling, and such lot shall have access to and abut
on a public right -of -way for a distance of 60 feet or more. For a conditional use,
the lot width shall be adequate to meet the development standards of the Limited
Suburban Residential District.
(3) Side yard. For dwellings or associated accessory buildings there shall be a total
of side yards of 20 feet or more with a minimum of eight feet on one side. For a
conditional use, except dwellings, and accessory structures thereto, there shall be
a side yard on each side of a building of 25 feet or more.
(4) Rear yard. For main buildings there shall be a rear yard of 20% or more of the lot
depth, except that a rear yard of more than 50 feet shall not be required.
(5) Maximum height. No dwelling structure shall exceed 35 feet in height. Maximum
height for other structures shall not exceed a safe height as determined by the Fire
Chief and as reviewed and accepted by the Planning and Zoning Commission.
§ 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.
Page 9 of 15
PROPOSED ZONING CODE MODIFICATION
DAY CARE USES IN RESIDENTIAL AND SUBURBAN OFFICE DISTRICTS
Black — Existing Wording CC 3/28/2011
Blue — New Wording Red — Modifications Requested By PZC
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
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
Page 10 of 15
PROPOSED ZONING CODE MODIFICATION
DAY CARE USES IN RESIDENTIAL AND SUBURBAN OFFICE DISTRICTS
Black — Existing Wording CC 3/28/2011
Blue — New Wording Red — Modifications Requested By PZC
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.
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
Page 11 of 15
PROPOSED ZONING CODE MODIFICATION
DAY CARE USES IN RESIDENTIAL AND SUBURBAN OFFICE DISTRICTS
Black — Existing Wording CC 3/28/2011
Blue — New Wording Red — Modifications Requested By PZC
(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) Child and adult daycare center.
(a) Outdoor recreation areas shall be located to the side or rear of the principal
structure and shall be enclosed with a fence permitted by Code.
(b) A landscape plan shall be submitted with an application for Certificate of
Zoning Plan Approval indicating compliance with the following
requirements.
(i) Evergreen, deciduous, or a mix of the two types of shrubs shall be
installed along the outside of the outdoor recreation area fence.
(ii) Shrubs shall be planted to provide a minimum 50% opaque screen
achieved within four years of installation. The minimum height
requirement at planting shall be 24 inches.
(iii) A deciduous tree from Group B or C of Appendix E of the Dublin
Zoning Code shall be planted every 30 feet along the outside of the
play area fence. A minimum two -inch caliper size is required at
planting.
(c) Outdoor Play. All outdoor play equipment and shade structures visible
from the right -of -way or adjacent properties shall utilize subdued colors.
(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.
Page 12 of 15
PROPOSED ZONING CODE MODIFICATION
DAY CARE USES IN RESIDENTIAL AND SUBURBAN OFFICE DISTRICTS
Black — Existing Wording CC 3/28/2011
Blue — New Wording Red — Modifications Requested By PZC
(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) Eood 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 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
Page 13 of 15
PROPOSED ZONING CODE MODIFICATION
DAY CARE USES IN RESIDENTIAL AND SUBURBAN OFFICE DISTRICTS
Black — Existing Wording CC 3/28/2011
Blue — New Wording Red — Modifications Requested By PZC
(7) Fitness and recreational sports centers.
Physical fitness centers
Exercise centers
Health club facilities
Recreational sports club facilities
Gymnasiums
(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 ride:
(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. Aside 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 1 /4 the sum of the height of the structure and the
Page 14 of 15
PROPOSED ZONING CODE MODIFICATION
DAY CARE USES IN RESIDENTIAL AND SUBURBAN OFFICE DISTRICTS
Black — Existing Wording CC 3/28/2011
Blue — New Wording Red — Modifications Requested By PZC
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 15 of 15
The Planning and Zoning Commission took the following action at this meeting:
4. Code Amendment— Suburban Office and Institutional District
11- 006ADM Code Amendment
Proposal: Modifications to Zoning Code Section 153.026 adding daycare
uses within the Suburban Office and Institutional District.
Request: Review and recommendation of approval to City Council for the
amendments to the Zoning Code under the provisions of Code
Sections 153.026.
Applicant: City of Dublin.
Planning Contact: Jennifer M. Rauch, AICP, Planner II.
Contact Information: (614) 410 -4690, jrauch @dublin.oh.us
MOTION: To recommend approval to City Council of this Code Amendment.
VOTE: 6-0.
RESULT: Approval of this Code Amendment will be recommended to City Council.
STAFF CERTIFICATION
Jennifer M. Rauch, AICP
Planner II
PLANNING AND ZONING COMMISSION
RECORD OF ACTION
CM OF DUBLIN.
Lane Use and
FEBRUARY 17, 2011
unv Range FWn Lane
SBA Wer"o" R.ad
,.,,n, Ohio 4W16 1236
R.-MD : 61<a 16a 6W
F. 61 L<I64IO
WBU SH.,— .djuingn..,
Cmafi} aLegacy
The Planning and Zoning Commission took the following action at this meeting:
4. Code Amendment— Suburban Office and Institutional District
11- 006ADM Code Amendment
Proposal: Modifications to Zoning Code Section 153.026 adding daycare
uses within the Suburban Office and Institutional District.
Request: Review and recommendation of approval to City Council for the
amendments to the Zoning Code under the provisions of Code
Sections 153.026.
Applicant: City of Dublin.
Planning Contact: Jennifer M. Rauch, AICP, Planner II.
Contact Information: (614) 410 -4690, jrauch @dublin.oh.us
MOTION: To recommend approval to City Council of this Code Amendment.
VOTE: 6-0.
RESULT: Approval of this Code Amendment will be recommended to City Council.
STAFF CERTIFICATION
Jennifer M. Rauch, AICP
Planner II
DUBLIN PLANNING AND ZONING COMMISSION
CITY OF DUBLIN.
MEETING MINUTES
m °d X.. ° °d
"°°"°.
FEBRUARY 17, 2011
0°b'.Lk Ohf°UJ161 406 M
Ph. -IMD: 61 u16 W
Pox: 61b<16d]d]
WBUSXB: wrm.' a,WI .OM1.v
4. Code Amendment— Suburban Office and Institutional District
11- 006ADM Code Amendment
Chris Amorose Groomes introduced this application which involves an amendment of Zoning
Code Section 153.026, adding Daycare Uses within the SO, Suburban Office and Institutional
District.
Jenny Rauch presented this application to add daycare uses within the SO, Suburban Office and
Institutional District. She said Planning is proposing additional cleanup with the daycare uses.
She said two years ago a Zoning Code amendment was approved by City Council to include
daycare uses in the Community Commercial District, and this year daycare uses were added the
Rural, Restricted Suburban and Limited Suburban Residential Districts. She explained daycare
uses were proposed as a permitted use with similar design requirements, regarding outdoor
recreation area and landscaping that the Commission recommended for approval to City Council
for the residential districts. She said Planning requests the Commission's feedback and a
recommendation of approval to City Council if the Commission is supportive of the proposed
amendment.
Todd Zimmerman confirmed that the only changes. be found were on page 4 of 6, indicated in
blue.
John Hardt confirmed the proposed language was the same as the Commission reviewed for the
residential districts. Ms. Kramb noted in the residential districts, the daycare uses were limited
to an acre, but the landscape requirements were the same.
Ms. Amorose Groomes invited public comment in regards to this application. [There was none.]
Motion and Vote
Mr. Taylor made the motion to recommend approval to City Council of this Code Amendment.
Mr. Zimmerman seconded the motion.
The vote was as follows: Mr. Walter, yes; Ms. Kramb, yes; Ms. Amorose Groomes, yes; Mr.
Hardt, yes; Mr. Zimmerman, yes; and Mr. Taylor, yes. (6 -0.)
Case Summary
Agenda Item
City of Dublin Planning and Zoning Commission
CT
Planning Report
a� =moo
Thursday, February 17, 2011
within the Suburban Office and Institutional District.
DobNn.Obb<ID161Ya6
Marsha Grigsby, City Manager, City of Dublin.
Ph-.1 MD: 6IHIDI6W
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Zoning Code Modificafion - Daycare Uses in
Suburban Office and Insfifufional Disfricf
Case Summary
Agenda Item
3
Case Number
11 -006ADM
Proposal
An amendment to Zoning Code Sections 153.026 adding daycare uses
within the Suburban Office and Institutional District.
Applicant
Marsha Grigsby, City Manager, City of Dublin.
Case Managers
Rachel S. Ray, AICP, Planner 1 (614) 4104656 1 rray @dublin.oh.us
Jennifer Rauch, AICP, Planner ll 1 (614) 41046901 jrauch @dublin.oh.us
Request
Zorn rig Cod e Amend ment
Review and recommendation of approval of a Zoning Code
amendment under the provisions of Sections 153.232 and 153.234.
Planning
Recommendation
Approval.
In Planning's opinion, the proposed amendment permits daycare
facilities as an Important service use In office and professional districts.
Planning recommends approval to City Council for the amendment.
City of Dublin I Planning and Zoning Commission
Case 11- 006ADM I Zoning Code Modification —Day Care Uses in Suburban Office and Institutional District
Thursday, February 17, 2011 1 Page 2 of 3
Facts
Case Summary
Case Background
Details
Process
L_
Code Section 153.232(B) grants the Planning and Zoning Commission the
ability to review "amendments to the zoning map and to the zoning
ordinance and recommendation of action to Council." The Commission
should review the modifications, provide input where necessary, and vote
on the changes. The draft amendments will be forwarded to City Council
for final review.
Proposed The intent of the Zoning Code amendment is to allow daycare uses as a
Amendments convenient service in closer proximity to employment centers. Many existing
daycare facilities are already located in planned districts that also allow
office uses, but Planning recommends a modification to the Zoning Code to
facilitate the use of daycare centers in standard office districts as well.
Permitted Use Criteria
Zoning Code Amendment
This is a request for review and recommendation for amendments to the
Permitted Use provisions in the SO, Suburban Office and Institutional District
of the Dublin Zoning Code to allow daycare uses as a service supporting
office uses pro vided specific criteria are met.
This case originated from the discovery of daycare- related facilities that are
currently operating in some facilities that are not zoned to allow daycares.
These uses have developed to serve a need in the community but are not
permitted uses in the respective zoning districts. The proposed Code
amendment will allow the daycare uses the Suburban Office and
Institutional District as a permitted use.
Residential Districts.
City Council approved a Zoning Code amendment on April 20, 2009
allowing daycare facilities and tutoring services as conditional uses in the
CC, Community Commercial District. The Planning and Zoning Commission
recommended approval to City Council of a Zoning Code amendment on
January 20, 2011 that would allow daycare uses as permitted uses in the R,
Rural, R -1, Restricted Suburban Residential, and R -2, Limited Suburban
Zoning Code Amendment
Outdoor Recreation Areas
Prior to the 2009 Zoning Code amendment that made daycare facilities
conditional uses in the Community Commercial District, daycares in the City
of Dublin have primarily developed in planned districts. Proposed
development requirements for outdoor recreation areas associated with
daycare facilities are consistent with conditions of previously approved
daycare facilities in the city.
The proposed Code amendment stipulates that outdoor recreation areas
are required to be located to the side or rear of the principal structure and
wit hin the buildable area of th lot. Play equipment and shade structures
City of Dublin I Planning and Zoning Commission
Case 11- 006ADM I Zoning Code Modification —Day Care Uses in Suburban Office and Institutional District
Thursday, February 17, 2011 1 Page 3 of 3
L eIT is
shall utilize subdued colors.
Zoning Code Amendment
Landscaping
The proposed Code amendment includes a similar requirement for
landscaping outdoor recreation areas as was recommended by the
Commission for daycare uses in residential districts. The proposed
amendment requires landscaping around the perimeter of the outdoor
recreation area using a mixture of trees and evergreen and deciduous
shrubs so that a minimum 50- percent opaque landscape screen is
achieved.
All other criteria, such as parking, lot coverage, and signs must meet the
ap plicable requirements of the Zoning Code.
Recommendation Zonin Code Amendment
Approval In Planning's opinion; the proposed amendment would permit daycare
II facilities as an important service to employment centers in the Suburban
Office and Institutional District. Planning recommends approval to City
�N Council for the amendment.
N
City of Dublin 11- 006ADM A
Land Use and Code Amendment
Long Range Planning Suburban Office and Institutional District Feet
0 3,750 7,500
The Planning and Zoning Commission took the following action at this meeting:
2. Zoning Code Modification — Daycare Uses in Residential Districts
10- 084ADM Zoning Code Amendment
Proposal: An amendment to Zoning Code Sections 153.019 and 153.021 to
allow daycare facilities in the R, Rural District, R -1, Restricted
Suburban Residential District, and R -2, Limited Suburban
Residential District.
Request: Review and recommendation of approval of a Zoning Code
amendment under the provisions of Sections 153.232 and 153.234.
Applicant: Marsha Grigsby, City Manager, City of Dublin.
Planning Contact: Rachel S. Ray, AICP, Planner I
Contact Information: (614) 410 -4656, rray @dublin.oh.us
MOTION: To recommend approval to City Council for this Zoning Code Amendment to
allow daycare facilities in the R, Rural District, R -1, Restricted Suburban Residential District,
and R -2, Limited Suburban Residential District.
VOTE: 7 — 0.
RESULT: Approval of this Zoning Code Amendment will be recommended to City Council.
C91KI2
S. Ray,
PLANNING AND ZONING COMMISSION
RECORD OF ACTION
CITY OF DUBLIN.
bnd Use an°
JANUARY 20, 2011
Lon Range MannFq
5800 Shier -Rings Rml
Dublin. Ohio 430161236
Phone /TDD: 6144104600
Fax: 614.4104747
Web Sile:..dublin.oh.us
Creating a Legacy
The Planning and Zoning Commission took the following action at this meeting:
2. Zoning Code Modification — Daycare Uses in Residential Districts
10- 084ADM Zoning Code Amendment
Proposal: An amendment to Zoning Code Sections 153.019 and 153.021 to
allow daycare facilities in the R, Rural District, R -1, Restricted
Suburban Residential District, and R -2, Limited Suburban
Residential District.
Request: Review and recommendation of approval of a Zoning Code
amendment under the provisions of Sections 153.232 and 153.234.
Applicant: Marsha Grigsby, City Manager, City of Dublin.
Planning Contact: Rachel S. Ray, AICP, Planner I
Contact Information: (614) 410 -4656, rray @dublin.oh.us
MOTION: To recommend approval to City Council for this Zoning Code Amendment to
allow daycare facilities in the R, Rural District, R -1, Restricted Suburban Residential District,
and R -2, Limited Suburban Residential District.
VOTE: 7 — 0.
RESULT: Approval of this Zoning Code Amendment will be recommended to City Council.
C91KI2
S. Ray,
DUBLIN PLANNING AND ZONING COMMISSION
CITY OF DUBLIN.
MEETING MINUTES
Land Use and
Land Eaaye P"r"o
JANUARY 20, 2011
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2, Zoning Code Modification— Daycare Uses in Residential Districts
10- 084ADM Zoning Code Amendment
Chair Chris Amorose Groomes introduced this amendment to Zoning Code Sections 153.019
through 153.021 to allow daycare facilities in the R, Rural, R -1, Restricted Suburban Residential,
and R -2, Limited Suburban Residential Districts.
Rachel Ray reported that the proposed Code Amendment was previously reviewed by the
Commission on January 6, 2011, and according to the comments made there has been a
modification to the method of determining road classification. She explained that the proposed
Code Amendment originally required that daycares be only located on collector or arterial
roadways, and it was modified to be at the determination of the City Engineer at the time of
application. Ms. Ray said the landscape requirement previously required a full landscape buffer
around the outdoor recreation areas, and it was modified to require landscaping, but to a lesser
extent. She said the other language clarifications were made as requested.
Kevin Walter referred to the new language on Page 8 of 9 regarding the intent of the screening,
and asked if Shrubs shall he planted to provide an opaque three to four foot average height
screen, was intended to mean an average screening requirement around the perimeter.
Ms. Ray explained that it was meant to say that that it could be three feet in some areas and four
feet in other areas, depending upon the type of landscape material planted. She clarified t it
needed to be an average of three to four feet in height around the entire perimeter of the outdoor
recreation areas.
Mr. Walter said he preferred an average, not a mirdmum, as well as the ability to locate the
landscaping around the perimeter, planting more in some areas than others, as long as the
average amount of landscaping was achieved. He said there should be flexibility to screen some
parts and not others.
Ms. Amorose Groomes said she appreciated the intent of Mr. Walter's suggestion, but thought it
would be difficult to legislate.
Mr. Walter said he liked t a landscape plan would be required by the Code because it would
provide the ability to work with the applicant to site the landscaping appropriately. He said if the
landscape plan was prescriptive, then there was no sense in having the plan.
Dublin Planning and Zoning Commission
January 20, 2011 —Minutes
Page 2 of 2
Steve Langworthy suggested that instead of worrying about average height, that the language
requires an average opacity across the entire perimeter of the outdoor recreation area
Amy Kramb suggested that the average should be a minimum of 50 percent opacity.
Richard Taylor asked why the language was changed from three to seven adults. Ms. Ray said a
typographical error had been corrected.
Mr. Hardt referred to Page 3 of the Planning Report, and confirmed that the Zoning Code and
Building Code requirements for daycare fences were compatible.
Ms. Amorose Groomes invited public comment regarding this application. [There was none.]
Motion and Vote
Mr. Walter made the motion to recommend approval to City Council for this Zoning Code
Amendment to allow daycare facilities in the R, Rural District, R -1, Restricted Suburban
Residential District, and R -2, Limited Suburban Residential District. Mr. Fishman seconded the
motion.
The vote was as follows: Mr. Zimmerman, yes; Mr. Hardt, yes; Ms. Amorose Groomes, yes;
Ms. Kramb, yes; Mr. Fishman, yes; Mr. Taylor, yes; and Mr. Walter, yes. (Approved 7 — 0)
Case Summary
Agenda Item 2
Case Number 10-084A DM
Proposal An amendment to Zoning Code Sections 153.019 through 153.021 to allow
daycare facilities in the R, Rural District, R -1, Restricted Suburban Residential
District, and R-2, Limited Suburban Residential District.
Applicant Marsha Grigsby, City Manager, City of Dublin.
Case Manager Rachel S. Ray, AICP, Planner 1 1 (614) 4144656 1 rray @dublin.oh.us
Request Zoning Code Amendment
Review and recommendation of approval of a Zoning Code amendment
under the provisions ofSections 153.232 and 153.234.
Planning
Recommendation Approval.
In Planning's opinion, the proposed amendment permits daycare facilities as a
vital neighborhood service in residential areas while minimizing potential
negative effects on established neighborhoods. Planning recommends
approval to City Council for the amendment.
City of Dublin Planning and Zoning Commission
IDF DUBLIN.
Planning Report
L°nR `R�°R" =R -ln;
Thursday, January 20, 2011
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Zoning Code Modification - Daycare Uses in Residential
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Case Summary
Agenda Item 2
Case Number 10-084A DM
Proposal An amendment to Zoning Code Sections 153.019 through 153.021 to allow
daycare facilities in the R, Rural District, R -1, Restricted Suburban Residential
District, and R-2, Limited Suburban Residential District.
Applicant Marsha Grigsby, City Manager, City of Dublin.
Case Manager Rachel S. Ray, AICP, Planner 1 1 (614) 4144656 1 rray @dublin.oh.us
Request Zoning Code Amendment
Review and recommendation of approval of a Zoning Code amendment
under the provisions ofSections 153.232 and 153.234.
Planning
Recommendation Approval.
In Planning's opinion, the proposed amendment permits daycare facilities as a
vital neighborhood service in residential areas while minimizing potential
negative effects on established neighborhoods. Planning recommends
approval to City Council for the amendment.
City of Dublin I Planning and Zoning Commission
Case 10- 084ADM I Zoning Code Modification — Day Care Uses in Residential Districts
Thursday, January 20, 2011 1 Page 2 of 4
Case Update
January 6, 2011
PZC Meeting
Summary of
Modifications
The Planning and Zoning Commission reviewed the proposed Code
amendment regarding daycare uses in residential districts at their January
6, 2011 meeting. The Commissioners were generally supportive of the
proposed amendments, particularly the provisions that require a minimum
two -acre lot size with frontage on collector or arterial roads which will
The Commissioners discussed several modification to the proposed Zoning
Code text. The requested modifications include:
• Modifying the method of determination for road classification;
• Modifying landscape requirements for outdoor recreation areas; and
Minor grammatical modifications and language clarifications.
Zoning Code Amendment
Facts Zoning Code Amendment
Case Summary This is a request for review and recommendation for amendments to the
Permitted Use provisions in the R, Rural, R -1, Restricted Suburban Residential,
and R -2, Limited Suburban Residential Districts of the Dublin Zoning Code to
allow daycare uses in residential areas provided specific criteria are met.
Currently, daycare uses are only allowed as conditional uses in the CC,
Community Co District, and in some planned districts.
Case Background This case originated from the discovery of daycare - related facilities that are
currently operating in some residential zoning districts, including several
Dublin churches. These uses have developed to serve a need in the
i community but are not permitted uses in the respective zoning districts. The
proposed Code amendment will allow the daycare uses in residential
districts when they operate as separate principal uses but are not
conducted in the operator's home. It does not restrict these uses to
ii churches alone.
Details
Process
In 1997 the American Planning Association published a policy guide on the
provision of child care that encourages communities to take steps toward
facilitating the development of child care facilities in closer proximity to
residential areas. The policy guide quotes research that indicates that many
parents prefer that their children be cared for in small facilities that are
conveniently located close to home and work. The proposed Zoning Code
amendment facilitates the provision of child care while protecting
residential character in established neighborhoods through the proposed
development sta ndards.
Zoning Code Amendment
Code Section 153.232(B) grants the Planning and Zoning Commission the
ability to review "amendments to the zoning map and to the zoning
ordinance and recommendation of action to Council." The Commission
should review the modifications, provide input where necessary, and vote
on the changes. The draft amendments will be forwarded to City Council
for final review.
City of Dublin I Planning and Zoning Commission
Case 10- 084ADM I Zoning Code Modification — Day Care Uses in Residential Districts
Thursday, January 20, 2011 1 Page 3 of 4
Details
Zoning Code Amendment
rProposed
Amendments
The proposed amendments are identical for the Rural, R -1, and R -2 District
Code sections. The intent of the Zoning Code amendment is to allow
daycare uses in appropriate locations in residential areas as a convenient
neighborhood service while preventing negative effects on established
neighborhood character.
Daycare Center
For the purposes of these Zoning Code Sections, a "daycare center" is
defined as a place in which child or adult daycare is provided in a facility
that cares for seven or more children or adults and is not the permanent
residence of the licensee or administrator. The proposed definition is derived
from the basic definition of "child daycare center" in the Ohio Revised
Code, but includes provisions for adult daycare. The ORC provisions also
address requirements for indoor and outdoor play spaces, adult supervision,
staffing requirements, and other licensing requirements.
"Daycare center" differs from "Type B family daycare homes," which
operate from the permanent residence of the provider in which child care is
provided for one to six children at one time and in which no more than
three children are under two years of age at one time, as defined by the
Ohio Revised Code. Type B family daycare homes are permitted uses in all
residential zoning districts.
Permitted Use Criteria
Location
The proposed Code amendment limits daycare centers to lots that are a
minimum of two acres and are located on a collector or arterial roadway as
determined by the City Engineer at the time of application for Certificate of
Zoning Plan Approval. The purpose of this restriction is to limit daycare
centers to locations on the outskirts of established neighborhoods and to
minimize traffic impacts on local streets.
Outdoor Recreation Areas
Prior to the 2009 Zoning Code amendment that made daycare facilities
conditional uses in the Community Commercial District, daycares in the City
of Dublin have primarily developed in planned districts. Proposed
development requirements for outdoor recreation areas associated with
daycare facilities are consistent with conditions of previously approved
daycare facilities in the city.
The proposed Code amendment stipulates that outdoor recreation areas
are required to be located to the side or rear of the principal structure and
within the buildable area of the lot, as are all other accessory structures. The
amendment also requires that outdoor recreation areas be partially
screened with landscape materials, and must use a fence permitted by the
Zoning Code. Play equipment and shade structures shall utilize subdued
colors, and height shall not exceed the height permitted for accessory
structures.
City of Dublin I Planning and Zoning Commission
Case 10- 084ADM I Zoning Code Modification — Day Care Uses in Residential Districts
Thursday, January 20, 2011 1 Page4ot4
Defals
Zoning Code Amendment
Appearance
When a daycare facility is a principal use the facility must be designed in
accordance with the residential appearance standards (Code Section
153.190) .
All other criteria, such as parking, landscaping, lot coverage, and signs must
me et the applicable requirements of the Zonin Code.
Recommendation Zoning Code Amendment
Approval In Planning's opinion, the proposed amendment would permit daycare
facilities as a vital neighborhood service in residential areas while minimizing
potential negative effects on established neighborhoods. Planning)
recommends approval to City Council for the amendment.
The Planning and Zoning Commission took the following action at this meeting:
4. Zoning Code Modification — Daycare Uses in Residential Districts
10- 084ADM Zoning Code Amendment
Proposal: An amendment to Zoning Code Sections 153.019 and 153.020 to
allow daycare facilities in the R, Rural District, and R -1, Restricted
Suburban Residential District.
Request: Review and recommendation of approval of a Zoning Code
amendment under the provisions of Sections 153.232 and 153.234.
Applicant: Marsha Grigsby, City Manager, City of Dublin.
Planning Contact: Rachel S. Ray, AICP, Planner I
Contact Information: (614) 410 -4656, rray @dublin.oh.us
MOTION: To table this Zoning Code Amendment application.
VOTE: 6-0.
RESULT: This Zoning Code Amendment application was tabled.
STAFF
lUchel S. Ray,
Planner I
PLANNING AND ZONING COMMISSION
RECORD OF ACTION
CITY OF DUBLIN-
LOW Uw aM
JANUARY 6, 2011
Long Rage Mannft
5800 Shia - Rings. Road
Dublin, Ohio 43016.1236
Phone /rDD: 61"10 -4600
Fax: 614- 410-4747
Web Site: w .dublin.oh.us
Creating a Legacy
The Planning and Zoning Commission took the following action at this meeting:
4. Zoning Code Modification — Daycare Uses in Residential Districts
10- 084ADM Zoning Code Amendment
Proposal: An amendment to Zoning Code Sections 153.019 and 153.020 to
allow daycare facilities in the R, Rural District, and R -1, Restricted
Suburban Residential District.
Request: Review and recommendation of approval of a Zoning Code
amendment under the provisions of Sections 153.232 and 153.234.
Applicant: Marsha Grigsby, City Manager, City of Dublin.
Planning Contact: Rachel S. Ray, AICP, Planner I
Contact Information: (614) 410 -4656, rray @dublin.oh.us
MOTION: To table this Zoning Code Amendment application.
VOTE: 6-0.
RESULT: This Zoning Code Amendment application was tabled.
STAFF
lUchel S. Ray,
Planner I
DUBLIN PLANNING AND ZONING COMMISSION
CITY OF DUBLIN.
MEETING MINUTES
Land u..and
Land Raaye P"as"o
JANUARY 6, 2011
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4. Zoning Code Modification— Daycare Uses in Residential Districts
10- 084ADM Zoning Code Amendment
Chair Chris Amorose Groomes said that Planning had indicated that the Zoning Code
Amendment regarding Daycare Uses in Residential Districts could be postponed to a later
meeting since Mr. Hardt was not present.
Todd Zimmerman and Amy Kramb expressed that they would like to comment on the proposed
amendment.
Ms. Amorose Groomes introduced this amendment to Dublin Zoning Code Sections 153.019,
153.020, and 153.021 to allow daycare facilities in the R, Rural, R -1, Restricted Suburban
Residential, and R -2, Limited Suburban Residential Districts. She stated that a presentation was
unnecessary.
Amy Kramb referred to the definition of "daycare" in the first paragraph and asked whether the
number of children for which care is provided is supposed to be three or seven.
Rachel Ray clarified that the definition should read "any place that is not the permanent
residence of the licensee or administrator in which child or adult care is provided for seven or
more children or adults at one time."
Ms. Kramb referred to some minor grammatical modifications in paragraph (a). She noted that
paragraph (a) states that daycare centers should be located on lots with frontage on a collector or
arterial roadway as defined by the most recently adopted Thoroughfare Plan. She asked how
often the Thoroughfare Plan was modified.
Ms. Ray said the Thoroughfare Plan was recently adopted with the Community Plan in 2007 and
previously with the 1997 Community Plan.
Ms. Kramb was concerned with the reference to the Thoroughfare Plan since it is likely to
change. She said for example, Bright Road is currently a through street that has a lot of parcels
that could clearly become daycare centers because they are larger than two acres. She said if
Bright Road is cut off when the final phase of Emerald Parkway goes through, it will become a
regular residential street. She suggested using another reference, such as considering how the
road functions at the time of the application for a daycare.
Dublin Planning and Zoning Commission
January 6, 2011 —Minutes
Page 2 of 3
Ms. Ray said many of these roadways do have functional classifications that the Thoroughfare
Plan borrows from, and many have not changed for a number of years. She said for the portions
of the City that Ms. Kramb is referencing, there may be some changes seen.
Kevin Walter suggested that Engineering could determine how the road is classified at the time
of application.
Ms. Kramb referred to paragraph (c), and asked if the intent was only to require screening when
the adjacent use is residential, and that no screening was required if the adjacent use was
commercial or industrial.
Ms. Ray said that Planning was open to suggestions, but the intent was to make sure that there is
some sensitivity to adjacent residential lots. However, she said if the Commission felt it might
be appropriate to require landscaping around the outdoor recreation area regardless of what is
next door, that would be appropriate.
Ms. Kramb said she thought screening should be required regardless of the adjacent use, because
the adjacent use might change.
Mr. Walter said that he was concerned with the screening section because of the potential
unintended consequences. He asked for clarification regarding the term "fully screened." Ms.
Ray said that fully screened was 100 percent opacity.
Mr. Walter was concerned that the City would end up with a bunch of walls of juniper
evergreens. He referred to paragraph (d), which required "subdued natural colors for the outdoor
play equipment. " He asked if that could be described in another way, since he did not want to be
too specific to a certain color palette.
Ms. Ray explained that the language was borrowed from previously approved conditions of
approval for other daycares, such as "earth tone" or "subdued" for signs, umbrellas, and other
outdoor items. She said that Planning was open to suggestions.
Mr. Walter said `subdued' was fine to use.
Todd Zimmerman referred to paragraph (b) requiring fencing that is permitted by the Zoning
Code. He said child daycare and adult daycare are two different things. He said for a child
daycare, a four -foot high fence is fine for a small child, but for an adult daycare, depending on
the level care being provided, higher fences may be necessary for the safety for everyone,
including visitors and caretakers.
Ms. Ray said that Planning could research typical fencing requirements for that type of facility
and find out if there is a relevant building code provision.
Ms. Rauch asked for clarity regarding the Commission's preferences for screening.
Mr. Walter said he did not want to see outdoor areas that are fully screened, but he would like to
see a better landscape requirement.
Dublin Planning and Zoning Commission
January 6, 2011 —Minutes
Page 3 of 3
Richard Taylor confirmed that the screening was to ensure that the play area is does not disturb
adjacent properties.
Ms. Amorose Groomes said she did not know that the screening was entirely meant to screen the
play area from the outside, since some people might not want other people to be able to look
inside to see who is at the daycare.
Mr. Taylor said that would not be a Code requirement, but a privacy issue that the daycare center
would need to address.
Warren Fishman recalled hearing complaints from residents that wanted playground equipment,
awnings, and toys to be screened. He suggested trying to come up with a happy medium.
Mr. Walter thought some flexibility should be given to require a certain percentage screened
over the entire outdoor play area, so that there may be more screening in one area, but would not
have to be along the entire perimeter.
Ms. Amorose Groomes invited those who wished to speak in regards to this case to come
forward. [There was no one.]
Mr. Langworthy requested a tabling to allow the issues discussed to be researched and addressed
by Planning.
Motion and Vote
Mr. Fishman made the motion to table this Zoning Code Amendment. Ms. Kramb seconded the
motion. The vote was as follows: Mr. Zimmerman, yes; Mr. Taylor, yes; Mr. Walter, yes; Ms.
Kramb, yes; Ms. Amorose Groomes, yes; and Mr. Fishman, yes. (Tabled 6 — 0.)
RECORD OF PROCEEDINGS
-- Minutes of Dublin Cit Counc
April 20, 2009
that Mr. Warne meet
Mayor Chinnici -Zuerc r presented a proclamatio n honor of Earth Week to staff
member Beth Lo ' , Streets & Utilities. Ms. L ier provided information r rding the
various activiti king place in the City to serve EartZach l 19 -25.
CORR ONDENCE
The rk reported a notice had en sent to Council regf stock
ershlp for Martinos, Inc., 45 Dublin Center Drive, h ng D5 and})
There was no obiectionoffom Council.
CITIZEN
H9 dent a letter to the local n9yolipaper editor recently reg y wding his proposal for
, Murals in Dublin's pedestr' tunnels, similar to what W been done in the City of
Portsmouth. The Dubl' igh school students caul h o with the Dublin Arts
Council to explore t ' possibility of painting m s, engaging the Dublin Hi rival
Society in rese to support this effort. T and Road pedestrian to el is a
good exam p of what can be done. Thi ndeavor would provide st nts with
tuition m es for college, and would a citizens a reason to utili the bikepaths.
Inste of the Dublin Arts Counc! ending upwards of $50,0 per year for public
a urchased from artists out ' e of Dublin, it would provi an opportunity to
eep this money in the Du ' community.
Noted in regard to the !cation services at the Ve ans project, that he would
like to see it becom aditional that only photos he veterans be taken an
published in rela' n to this — and not elected icials. The City should d op a
list of the vet ns in the community and oritize individuals for pictu at the
Veterans o*set, such as those with bat experience, career m" ary, or
surviv of those who have pens He asked that Council rifice this photo
op rtunity in favor of giving it eterans.
V S. to his ideas for the
Slay pointed out that
been a problem in Dubliq/
rWell. In view of the
comments until next
official has ever
Dublin Arts Council
be in a photo; this
_. - Meeting--_
Page 2
stated tha a listened carefully to the 90en
of the I Council meeting and wato6d the video
isen of three members and the w Director, he will
Ordinance 08 -09
Accepting an An ation of 39.8 Acres,
County, to th ty of Dublin. (Petitioner
Ms. Read[Vleported that the applicarwe
this ord' noe until May 18, 2009 allc
rep ons to the township.
Gerber so moved.
r. Lecklider seconded th otion.
mo or less, in Jerome
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attorney has requested t Council postpone
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yes; Mr. Gerb , yes; Mr.
Ordinance 74-08 (Amended)
Amending Section 153.028 of the Dublin Codified Ordinances (Zoning Code)
regarding Conditional Uses in the Community Commercial District. (Case No. 08-
075ADM)
Ms. Noble- Fiading noted that this modification adds two new uses to the district as
conditional uses — daycare facilities and tutoring services. This ordinance has been
modified subsequent to introduction last year, eliminating the recreational uses previously
included. Staff believes the uses of daycare facilities and tutoring services are appropriate
for commercial use, and are brought forward based upon requests for these uses from the
business community. Staff is therefore recommending approval of the Code modification.
Vote on the motion: . Salay, yes; Mayor
Lecklider, yes.
Union
11- 006ADM
Code Amendment
Suburban Office and Institutional District
RECORD OF PROCEEDINGS
Minutes o City C�. QMCII - Meeting
April 20, 2009 Page 3
Wallace Maurer, 7451 Dublin Road noted that his understanding is that this amendment
related to educational support services for students. What was the Issue related to this
legislation that delayed it until now?
Mayor Chinnici- Zuercher responded that when introduced in October of 2008, the
legislation included language regarding an entertainment district. Council asked staff to
reconsider what was being recommended at that time.
Vote on the Ordinance as Amended: Ms. Salay, yes; Mr. Lecklider, yes; Mr. Gerber, yes;
Mayor Chinnici - Zuercher, yes.
Rezoning of
South High 1
Business DistriqVIo HB, Historic
Ms. Husak st d that Council req
he April 6 hearing. TI
and stone for the Droie
of the
0.18 Acre, More or
nately 70 Feet SoLm
s, Located on the East SM6 of
of Spring Hill, from CB ,/Central
rtrict. (54 South High — ase 08 -019Z)
additional backgro9d materials for this
have been prov' d, as well as samples
e on the Ordina M r Chinnici - Zuercher, yes s. Salay, yes; Mr. Garb , ye.
r. Lecklider, yes.
INTRODUCTION/ F ST READING - ORDIN ES
Ordinance 20
Amending apter 111 ( "Alcoholic B erages ") of the Dublin ified Ordinances,
Specific y Section 111.05 ( "Sale band Use by Underage rsons; Securing
Publ Accommodations ") to I ose Stricter Requireme to Discourage Adults
fr Permitting Underage sumption of Alcohol, a Section 111.99 ( "Penal )
to Enact New Affirmatly efenses.
Ms. Salay and Mr. Ger r introduced the ordinan
Chief Epperson not that the memo outlines t Code changes contempl d with this
ordinance. The as been legislation intro d in other communities ross the
country, to g the hosting of parties. is ordinance changes th ental state of an
individual o can be charged from win I hosting a party or owing a party to
contin where underage person re consuming alcohol to li entl doing so. This is
an Bier charge to make and a upheld. The impliceti of this change to the Co
e that it would allow indiA als to be charged who at a party to continue. CugeAly,
the Code does not prov' for this. He offered to re and to questions about h this
would be implement in Dublin.
Mayor Chinnici- archer asked for informal' about the current law an ow officers
have used it at has transpired throw a use, and how this ame ment would
Chief person noted that in 200 a Police were called to of these types of parties
an n 2008, 37 parties. Ther ere 47 arrests as a result those parties in 2007, an
aftests from the parties in 8. The vast majority oft a arrests are for underag
consumption. A very s I number relates to char ' someone at the residen ho
allowed the consum on of alcohol by underag arsons to occur on their pr ises.
There have bee ccesions where it could n e proven that an adult kn ingly all
such an acti ' o occur, and other occaS s where a property owner fuses to help in
stopping a party. With this chan , the owners of the premis could now be
. Salay noted that at the t hearing, some commun' representatives will testi
about the legislation. S noted that she has been i Ived in the "Parents Eric aging
Responsible Choices" ERC) programs and "Ad scence and Community ether to
Prevent Underag rinking ") (ACT) programs nderage drinking is a pu . health issue
for communit , and the community need do whatever can be do o prevent this
activity. T ' legislation demonstrates port for the families of th ommunity in curbing
undera drinking. The goal is notJo0have more arrests, but to ntinue
evSWone on the dangers of and mage resulting from and ge drinkir
t pt website (starttalkingnow g), which has a wealth of ormation reg. 11- 006ADM
Code Amendment
Suburban Office and Institutional District
2
RECORD OF PROCEEDINGS
Minutes of Dublin City Council
November 17, 2008 Page 2
/ut y delivery ve . e in Dublin idles, they commend the City issu a war ning and
s the driv about the hermtul effec of idling on the people d the environment.
de guid mes in the City's emplo a handbooks ragardin nti- idling poicies.
ng of hicles in the communi is not only wasting mo , but putting lives of
in' opardy. arized that the climate ops are hopeful that the ity will educate the driv of
ehicles and explain w idling hurts those arou them and the environ nt. The cops are seeking ealthy world where we d our children ran live hout worry sing sea levels ozone layers. He urge veryone to go to their site and join
in the fight against g al warming.
Mayor Chinnici uercher thanked the stol5nts for their thoughtful udy and
recommend ons regarding this topic he asked Ms. Grigsb out any at the City
has take' regard to idling of ' vehi s.
Ms. G by responded that suc discussion by staff beg 3.4 years ago. It was
proq4ted by the recognition I t idling wastes fuel, wit financial and environm al
i acts. The City has ad ad an administrative or r that prohibits idling of ehicles.
tall is evaluating the a orcement of this AO an s in the process of too ' g at any
necessary revisions. addition, an Eco Dubl' earn was formed that I s at such
issues and how t can be addressed. T City considers the type of vehicles used in
terms of efficie in fuel economy and t environment. Staff cc urs with the students'
concerns an supports their efforts. a City would be interes in working with them
their mti ' e.
Mayor innici - Zuercher sugge d that the team leader ntact Ms. Crandall,
Ad ' istrative Services Dire r for updates on City in' ' lives and implementati of the
up's recommendations
Ms. Salay added th erhaps Ms. Crandall d provide suggestions he group about
contacting certain embers of the busines mmunity who may he an interest in this
initiative. In a ion, she is hopeful that a students will approac he School Board with
these con ce s. as the Schools have env vehicles on the roa . i
Wal ce Maurer. 7451 Dub]iDAoad noted Council's c nge in posture in resp se to the
s dents who have spoke n contrast with Counc l' studied disregard for h' He asked
ff Council is tired of hi ming before them for o years and one mon regard to the
free speech issue. o years and one mo ago Council passed motion barring a
citizen from spea ' g about a particular to ' . That is a powerful pr dent. Council can
now invoke th motion and stop him. a is not asking Ko do this. He would,
however, as ouncil first to consult the Law Director ssing such a motion this point ased on the lack of re onse, he gathers that is forthcoming, ich could an Council does not b eve in such //iteans e fearful of p ing it.
He I interpret their lack of sponse tonig tin they are cautious the very
st. If Council won't pa such a motion agit should not have een passed
in the first p lace.
He asked Mr.'Gerbe o briefly meet with him the meeting.
LEGISLATION
POSTPONED ITEMS
Ordinance 74 -08
Amending Section 153.028 of the Dublin Codified Ordinances (Zoning Code)
regarding Conditional Uses In the Community Commercial District. (Case No. 08-
075ADM).
Ms. Grigsby stated that the memo indicates that the ordinance was originally presented to
Council at the first meeting in October. Council had several questions and requested
additional information. Planning staff is continuing to gather data and information in
response. Staff is therefore requesting that the legislation be postponed indefinitely. She
added that there are no pending applications, which require that this amendment be
adopted.
Mr. Gerber moved to postpone the ordinance indefinitely.
Ms. Salay seconded the motion 11- 006ADM
Code Amendment
Suburban Office and Institutional District
RECORD OF PROCEEDINGS
Minutes of _ Dublin City Council Meeting
November 17, 2008 Page 3
Vote on the motion: Ms. Salay, yes; Mr. Reiner, yes; Mayor Chinnici- Zuercher, yes; Vice
Mayor Boring, yes; Mr. Keenan, yes; Mr. Gerber, yes; Mr. Lecklider, yes.
Mr. Keenan asked how an item is brought back to Council, after it is postponed
indefinitely.
Ms. Grigsby responded that when the information has been prepared, staff will request
that Council schedule the postponed item for hearing.
Mr. Keenan asked what happens in the event an Item is never brought back to Council.
Mr. Smith responded that a list is maintained by the Clerk's office of the status of
legislation.
Ordinance 81 -08
Authorizing / tion of a Land Reutif do Program and Im menting the
Provisions or 5722 of the Ohio vised Code.
Ms. Grigsby is no addition formation to report.
Vice M r Boring asked how the act parcels are identifi in the ordinance, as the
are s eras parcels in Dublin ' h fall in the category of elinquenl property tLx p
an
M . Gr gsby responded that is ordinance establishe uch a program for the of
ublin. if there are addit' al parcels in the future at are added to the Tr rer's tax
lien list, those can be ved into this program ell. The Iwo subject p Is dD not
have to be specifi identified in the legisl ' n. Once the program i stablished, staff
would notify the unty if an parcel i dded to the list and the y would initiate the
same Droces
Mr. Ke n asked if this would b roughI to Council.
Ms. gsby responded that C ncil action would not be ecessary, but Council w Id be
in ed of such an additio .
r. Keenan asked abou eckley Lane and the ea ment between the two ate
properties. Has the . had discussions with t property owners about s matter?
Ms. Grigsby respo ed that such discussion ook place in 2005. The' tent at this time is
to move the Ian nto the program so that a City can ensure it d not go through the
tax lien sale.
Ms. Kenn y added that the Count otified these property o ers because the prope
betwee heir parcels had been d to an outside person. a City had asked the my
to s it.back to this gentlema or $50.
. Keenan stated that dial ue is important so that residents don't come t ouncil
ndicating they were not are of this process.
Ms. Grigsby stated th the original plat identK this land as property to dedicated to
the City. Once IN roperty is brought and a program and listed o he City's
inventory of Ian , the adjacent property o ers will be notified to le em know what has
transpired. hat time, the City can luale whether there is esire to dedicate the
land to th roperty owners or retai ity ownership of the pi
Vi ayor Boring stated for rifZ oses that is is a very small piece and.
allace Maurer 7451 tin Roa on gee one of the memo, u er "Beckley
Lane Parcel," it state hat the par en "consumed" by the acent property
owners with fenci and landscapnot know this was not p of their properties?
Ms. Grigsb have ass ed the land was part o ated that, based uphe sidewalk was er installed, they must erties.
yes;
Ordinance 83 -08
Authorizing the
West, and De anng an em
eporled that Mr
any follow -up qua
Ms.
Ms. lay, yes; Mr. Lecklider, s; Mr. Gerber, yes; Vice ayor
inni allay, yes; Mr. Rein , yes; Mr. Keenan, yes.
Manager to Grant a eneral Right of -Way P it to Wide Open
prepared an updated
11- 006ADM
Code Amendment
Suburban Office and Institutional District
RECORD OF PROCEEDINGS
Minutes of Dublin City Council Meeting
October 6, 2008 Page 3
Held 20
Zrbee case anagement on more se us inj/ arty party
hi helps employers man a the wotem as well. questions from Coun ' . dinance: Ms. S yes; Mr. Reiner, rche yes;
s; Mr. Lecklid ,yes.
INTRODUCTION /FIRST READING - ORDINAN CES -
Ordinance 74 -08
Amending Section 153.028 of the Dublin Codified Ordinances (Zoning Code)
regarding Conditional Uses in the Community Commercial District (Case No. 08-
075ADM).
Mr. Langworthy stated that is an administrative code modification for educational use
Code amendment. This amendment is to Section 153.028 of the zoning code, which
relates to the Community Commercial district. The amendment, as proposed, would add
daycare facilities, tutoring services and recreational uses as uses that are permitted by
conditional use in the CC district. The Code modification to conditional uses would include
arcades, live music and dance venues, daycare facilities, tutoring services, conference
centers, and recording studios. Planning & Zoning Commission has reviewed this and
recommends approval as does the Planning staff.
Mayor Chinnici - Zuercher noted that she recalls at the time of her service on P &Z that
arcades, live music and dance venues had always been prohibited. There was a strong
feeling that they were not desired in the community. Personally, she still does not want
these in the community, Why are they being proposed now, based on the history of these
issues in Dublin?
Mr. Langworthy responded that a request was made from a person interested in a facility
at the Dublin Village Center. He brought his request to P&Z and gave some description of
it. The Commission looked at it in terms of locations where younger people would have an
opportunity to gather in a particular environment and P &Z elected to leave that in the
proposal as conditional use.
Mayor Chinnici - Zuercher asked for input from Council about this portion of the proposed
Code changes.
Vice Mayor Boring commented that she does not know why this is being proposed, who
generated this, and what it will do to help the community or improve the Code. She is also
unhappy that once again, a redlined version of the Code changes was not included in the
materials.
She moved that henceforth, whenever the Planning Department brings forth a proposed
Code modification, that it must be presented in a redlined version and that it must answer
the question of what and for whom the Code changes were prompted, and how.the
proposed changes will improve the community and the use of the Code. .
Mr. Gerber seconded the motion.
Vote on the motion: Ms. Belay, yes; Mr. Lecklider, yes; Mr. Gerber, yes; Mr. Reiner, yes;
Mr. Keenan, yes; Mayor Chinnici - Zuercher, yes; Vice Mayor Boring, yes.
Vice Mayor Boring commented that she does not know what prompted this ordinance, and
she is not certain that P&Z would welcome the dance type of venue either, based on
experience in the rest of the community.
Mr. Lecklider asked if the person requesting the Code change is the same person who
came before Council in May.
Mr. Langworthy responded that is correct.
Mayor Chinnici - Zuercher recalled that the individual had opened a teen dance center in
Columbus and was Interested in the Dublin Village Center as a location.
Brief discussion followed about the circumstances under which Council had previously
considered this item.
Mr. Langworthy responded that the individual asked for a Code amendment, and he
wanted to come to Council regarding his plans for this venue. Staff discouraged him from
bringing it to Council, but the individual opted to come to Council with his request.
I 1- 006ADM
Code Amendment
Suburban Office and Institutional District
RECORD OF PROCEEDINGS
Minutes of Dublin City Council Meeting
October 6, 2008 Page 4
Held 20
Mr. Gerber asked if that presupposes that the present Code does not permit an arcade,
dance or music hall?
Mr. Langworthy responded that is correct,
Mr. Gerber stated that these uses are already prohibited in the Code, and now they would
be put into a classification of a conditional use. His understanding from P&Z is that these
are two separate items. A conditional use means that it can be done, if it does not infringe
upon the surrounding area and meets some other criteria. If it does infringe, mitigation
issues are considered. Therefore, if there were a group that could not have a dance or
music hall previously, it would now be permitted -- provided they meet some standards
regarding a conditional use.
Mr. Langworthy agreed that the potential would now exist for it to be approved.
Mr. Gerber asked why staff and P &Z would recommend to Council something that relaxes
the standards in the present Code.
Mr. Langworthy responded that he cannot speak for the Commission; staff only brought
this to the Commission for their consideration.
Mr. Gerber noted that this topic was discussed at a work session, and therefore the
minutes are not detailed.
Mr. Reiner added that this issue was brought forth in the community in the 1980s, and a
great deal of discussion took place. It was felt at the time that arcades should be
permanently eliminated, and so they were deleted from the Code. It was a difficult battle
at the time. He is surprised to see this brought forward. .
Mayor Chinnici - Zuercher asked for confirmation that the current Code contains a section
regarding sexually oriented business establishments.
Mr. Langworthy confirmed that is correct.
Mayor Chinnici - Zuercher commented that she understands adding daycare facilities,
tutoring services, and conference centers. It Is the arcade, live music and dance venues
that are of concern. She assumes recording studios are the typical facilities one would
find.
Vice Mayor Boring commented that there was a professional recording studio located off
of Brandonway, where commercials were made. She does not understand the difference
and why this is included in the Code changes.
Mr. Langworthy responded that it is included because it is in the Communit6y Commercial
District. The Dublin Code is very specific, with line by line items, and so each district must
be looked at individually.
Mayor Chinnici - Zuercher asked if any Council Member is supportive of retaining the
revisions related to the arcades, live music and dance venues.
Ms. Salay stated that there are many young people in the community who, in responding
to surveys, consistently indicate the need for more places to gather and more to do. A
dance venue would require lots of supervision and cooperation from the Police
department. There would be some hurdles to overcome, but she can understand why this
type of business could be desirable. She also is cognizant of the caution needed in
location of such a business, and she would have to be convinced it could be monitored
and shut down if it became a nuisance. She does not know how that could be
accomplished.
Mr. Gerber added that it may come down to an issue of definitions. Perhaps this could be
handled as a workshop review item for P &Z, who would then report their findings to
Council.
Ms. Salay stated that in regard to an arcade, she is not certain how that is defined. To
her, it includes electronic games and pinball machines. Many theaters have such rooms
off of their lobbies with such equipment. She does not know if problems occur.
Mr. Lecklider asked if Game Works at Easton would be classified as an arcade.
Ms. Salay responded that she believes it would fit the definition. Located appropriately
and supervised properly, and depending upon the clientele, it may not be a problem in a
community. It does have the potential for problems, however, and the location and
oversight would be important. That results in a lot of pressure on the Planninc
Department, Code enforcement, and the Legal Department to handle it.
11- 006ADM
Code Amendment
Suburban Office and Institutional Disbiet
RECORD OF PROCEEDINGS
Minutes of Dublin City Council _ Meeting
October 6, 2008 Page 5
Held 20
Vice Mayor Boring suggested that the minutes of previous discussions on this topic be
provided. It is not a matter of banning all video games, but having appropriate restrictions.
In terms of a dance hall, she recalls a film in the Mayors Court training which included
footage of "raves," which took place at dance venues. Controlling this venue to ensure
that would not occur would not warrant the time and expense involved.
�J
Mayor Chinnici- Zuercher agreed that the surveys indicate the youth in the community want
more recreation opportunities. However, if Council believes this is something the City
should participate in, there should be more activities at schools, rec centers, and churches
- controlled environments that are not privately owned and operated. Some of the more
difficult behaviors take place in the private venues, where there is a limit to capacity. The
draw to these facilities is beyond the community. She would prefer to use other venues
for organizing and attracting young people to activities.
Ms. Grigsby stated that for the next reading, staff will prepare information to address the
questions raised and will provide some historical background. There is not a time issue
involved with the proposed amendments.
Ms. Salay stated that she recalls a similar business was located in The Continent in
Columbus. Perhaps the Police Department could check with that jurisdiction to learn if
there were issues and what they were. She would be interested in feedback from the law
enforcement staff on this. She agrees that it would be wonderful if the schools would take
this on, but they have limited resources in terms of PTOs, faculty and staff who must
supervise dances. Programming for teens at the Rao Center would be very welcome by
the community, and Council would need to direct the Rec Center staff to pursue more of
these programs.
Mr. Smith suggested that Council postpone the ordinance until November to gather the
information requested.
Mr. Reiner moved to postpone the ordinance until a November meeting.
Mr. Gerber seconded the motion.
Vote on the motion: Mr. Lecklider, yes; Mr. Gerber, yes; Mr. Reiner, yes; Mayor Chinnick
Zuercher, yes; Vice Mayor Boring, yes; Mr. Keenan, yes; Ms. Salay, yes.
75.08
the Annual Ap opriations for the Fisco4ear Ending December 1, 2008.
L
Ms. Grigsby stated stated t he memo provides det on eac ohe eqt de for
appropriations. T m Xlegalfee ed on the identified cos , and some min or items. ked for clarificatio egarding the fuel costs d the purchase of fuel fr School Distric nd the Township. ated that Z 50 ercent of the total fuel in fly purchases is subse ntly
purchased from the Cit v the School District o Townshio.
There will be a sand reading /public hearigerat the October 20
Amend' Section 153.170 -153 9 of the Dublin Codifi Ordinances (Zoning
Code egarding Operations the Architectural Revi Board (Case No. 07-
09 DM)
s. Salay introduced the dinance.
Mr. Gunderman state at there are some confli in the Code relating to nditional
uses, planned dirt ' s, and how they are deal ith at the Planning Com fission. Other
changes are rev' ons and reorganizations the definition section of a Code. The
organization spects of the Board war consolidated into one se on. The duties were
redefined re precisely, and some he more vague duties re incur — *-� ; ^'^
"Purpo s" section of the Code. a hearing requirements re made
wha ouncil is familiar with. T s is the first of the zonin istricts that l l _006ADM
Code Amendment
Suburban Office and Institutional District
The Planning and Zoning Commission took the following action at this meeting:
4. Community Commercial District Code Amendment Administrative Request
08- 075ADM Zoning Code Modification
Proposal: The addition of educational uses including day cares, tutoring
centers, and recreational uses as permitted and conditional uses in
Zoning Code Section 153.028, (CC, Community Commercial
District) and an amendment to the parking standards within Code
Section 153.212.
Request: An administrative request to amend the Zoning Code under the
provisions of Code Section 153.234.
Applicant: Jane S. Brautigam, City Manager, City of Dublin.
Planning Contact: Tammy Noble - Flading, Senior Planner.
Contact Information: (614) 4104649, tnoble- flading @dublin.ob.us
MOTION: To recommended approval to City Council of this request to add educational uses
including day cares, tutoring centers, and recreational uses in Zoning Code Section 153.028,
(CC, Community Commercial District) with the condition that all of the proposed uses be
included as a conditional use in the CC District.
*Tammy Noble - Flading agreed to the above condition.
VOTE: 4-0.
RESULT: This Administrative Request was approved.
14
'AFF CERTIFICATION
Senior Planner
I I - 006ADM
Code Amendment
Suburban Office and Institutional Disn-ict
PLANNING AND ZONING COMMISSION
f
RECORD OF ACTION
CITY OF DUBLIN..
SEPTEMBER 4
w3.a u» 3W
3u" nvga nawrm
51100 Shler -Rings Rmd
Dublin, Ohio 43016 -1536
Phone /TDD: 61 "16460D
F= 61441"747
Web Site! 3 .oubkn.oh.u3
Creating a Legacy
The Planning and Zoning Commission took the following action at this meeting:
4. Community Commercial District Code Amendment Administrative Request
08- 075ADM Zoning Code Modification
Proposal: The addition of educational uses including day cares, tutoring
centers, and recreational uses as permitted and conditional uses in
Zoning Code Section 153.028, (CC, Community Commercial
District) and an amendment to the parking standards within Code
Section 153.212.
Request: An administrative request to amend the Zoning Code under the
provisions of Code Section 153.234.
Applicant: Jane S. Brautigam, City Manager, City of Dublin.
Planning Contact: Tammy Noble - Flading, Senior Planner.
Contact Information: (614) 4104649, tnoble- flading @dublin.ob.us
MOTION: To recommended approval to City Council of this request to add educational uses
including day cares, tutoring centers, and recreational uses in Zoning Code Section 153.028,
(CC, Community Commercial District) with the condition that all of the proposed uses be
included as a conditional use in the CC District.
*Tammy Noble - Flading agreed to the above condition.
VOTE: 4-0.
RESULT: This Administrative Request was approved.
14
'AFF CERTIFICATION
Senior Planner
I I - 006ADM
Code Amendment
Suburban Office and Institutional Disn-ict
Dublin Planning and Zoning Commission
September 4, 2008 -- Minutes
Page 13 of 14
evel reimann said that a architectural cc ept was fine, but t architecture does t meet the
of quality he uld like to see. said he liked the ' a of smaller, one- cry buildings,
and he had origi ly envisioned bun low -style units, b after seeing the re erings he did not
see what he originally envisi ed. He said that e thought they cle y were going to
separate, i ividual living spa s with some level connectivity, but elevations look tke
one m the building inste . Mr. Freimann s ' that the site la yo is nice and the c cept is
goo , ut he is not supp the of the architec al concept as prop ed.
Mr. Zimmerman ed Mr. Freimann his opinion on th roposed vinyl Sidi
Mr. Freim said that vinyl si ' g was not approp ' e for this develop nt. He said he tho t
that na al materials were ceded on the sid of the buildings and color variati s and
diffe ces in the archite re are needed to h individualize the sidences.
Warren Fishman a eed that refinemen as needed for the chitecture and th a would like to
see more ston on the buildings. a said that the S neridge Medical nter and adjacent
buildings w required to have one and he wanted maintain continu' with the architec e
in this d lopment. He said thought that inste of siding, stone o brick water table ould
be m appropriate. Mr. shman agreed that e vinyl siding wo not be acceptable
hris Amorose Gr mes said she cou not envision vin siding on the bu' ings with the
proposed massi She said she a that some relie d differentiation pI materials should
be used to m e the look like i vidual units, but c esiveness was nee d. /
G Xman X siding on the tidings should be anged to brick or ne and
d not p siding on iidings within thi evelopment. He s 'd he could
nk si accent, d he suggested th the rooflines be al ed to provide atonaarchite
Does the mmtssion feel th the proposed seco ary connection t e Stoneridge Me cal
Center rking lot to the no is appropriate?
Iylf. Zimmerman co Xo m
needeissioners agreed at a secondary c nection was
/or
Mr. Bat ssioners' co ents would be int ated into the pla e
woul tlication. chelle Norris, N onal Church Res' ences, th d he I to them and s thanked the Com ssion for
t tr time.
Mr.
this
by
4. Community Commercial District Code Amendment Administrative Request
08- 075ADM Zoning Code Modification
Tammy Noble - Flading presented this Administrative Request regarding a modification to the
Zoning Code to provide for uses not currently specified in Code Section 153.028 — Permitted and
Conditional Uses - Community Commercial District. She said the primary uses being dealt with
11- 006ADM
Code Amendment
Suburban Office and Institutional District
Dublin Planning and Zoning Commission
September 4, 2008 — Minutes
Page 14 of 14
are commercial daycare facilities for a range of age groups including those for an aged
population, tutoring services, and miscellaneous recreational uses. She said the Commission's
suggestion at the August 7, 2008 was to provide these uses primarily as conditional uses.
Ms. Noble - Flading said this proposed Code modification would permit recreational uses, like
music and dance venues with a size limitation of 5,000 square feet, allowing a capacity of
approximately 250 people at any one given time. She explained that anything that exceeds 5,000
square feet under those same use categories would be a conditional use. Ms. Noble - Flading said
Planning is recommending the Commission recommend approval to City Council for this
proposal because they believe it provides additional site options for land use categories within
the City.
Todd Zimmerman invited anyone in the audience who had questions or comments regarding this
Administrative Request to raise their hand. [No one responded.]
Warren Fishman said he would like to keep all recreational uses as a conditional use. Ms.
Noble - Flading said they could allow the modification to proceed and list them as conditional
uses.
Mr. Zimmerman asked if everyone agreed. Ms. Amorose Groomes said if Mr. Fishman believed
that recreational use spaces needed to be conditional uses, regardless of size then she would
support him. Mr. Fishman confirmed he did.
L Ms. Noble - Flading asked if the Commission would agree to allow dance theaters to remain as
permitted uses. Ms. Noble - Flading explained that dance theaters were part of this proposed
modification under permitted uses. She reiterated that she was asking if the Commission wanted
that to remain as a permitted use, or a conditional use.
Mr. Fishman, Mr. Zimmerman, and Ms. Amorose Groomes that agreed a dance theater should be
considered as a conditional use.
Ms. Noble- Flading said approval of this Code modification could be made with one condition
that all of the uses listed are conditional uses.
Motion and Vote
Mr. Zimmerman made the motion to recommend to City Council approval of this Administrative
Request for Code Modification with one condition:
I. That all uses listed are conditional uses.
Mr. Freimann seconded the condition. The vote was as follows: Mr. Fishman, yes; Ms.
Amorose Groomes, yes; Mr. Freimann, yes; and Mr. Zimmerman, yes. (Approved 4 — 0.)
The meeting was adjourned at 8:31 p.m. Respectfully submitted,
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Flora ogers and Li bby arley�
Administrative Assistants
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Code Amendment
Suburban Office and Institutional Dimict
PLANNING AND ZONING COMMISSION
WORKSESSION
RECORD OF DISCUSSION
CITY OF DUBLIN_ AUGUST 7, 2008
lane) Use and
loop Rmpe HomsMO
3800 Shiw -Rings Read
Dobnn. Ohio 43016 -1236
Phonet TOO: 6144104600
Fax: 6144104)4]
Web Site:v .dubfin.oh.us
Creating a Legacy
The Planning and Zoning Commission took the following action at this meeting:
3. Educational Use Code Amendment Administrative Request
08- 075ADM
Proposal: Educational uses including day cares, tutoring centers, and other
similar uses as permitted in Zoning Code Section 153.028, (CC,
Community Commercial District).
Request: This is an administrative request to amend the Zoning Code under
the provisions of Code Section 153.234.
Applicant: City of Dublin, Jane S. Brautigam, City Manager.
Planning Contact: Tammy Noble- Flading, Senior Planner.
Contact Information: (614) 410 -4649, tflading @dublin.oh.us
RESULT: The Commission informally commented on this proposal by Planning to permit
child day care and tutoring services within the CC, Community Commercial District of the
Zoning Code. The Commission suggested that adult day cares should also be permitted and that
each of these uses should be considered as a conditional use in this district in order to allow for
review of outdoor play areas, circulation and operating hours.
Planning also asked the Commission to comment on entertainment uses proposed by a business
owner. The Commissioners agreed that entertainment uses should be clearly defined and that a
conditional use would likely also be appropriate for these types of uses, particularly once the
business reaches a certain size. The Commission requested that Planning suggest clear language
for all proposed uses.
STAFF CERTIFICATION
Jami Ad l ns
Planner II
11- 006ADM
Code Amendment
Suburban Office and Institutional District
Dublin Planning and Zoning Commission
August 7, 2008 — Minutes
Page 5 of 12
Mo 'on #1 and Vote
r. Zimmerman ma a motion to appr e the modification the Preliminary elopment
Plan, and Mr. Ta or seconded. The ote was as follows• Ms. Amorose Gro es, yes; Mr,
Fishman, yes; r. Walter, yes; Mr. ylor, yes; and Mr. mmerman, yes. ( roved 5 — 0.)
Motion and Vote
Mr. mmerman made a otion to approve is Amended Final evelopment Plan, d Mr.
T for seconded. vote was as folio s: Mr. Fishman, s; Mr. Walter, Amorose
roomes, yes; Mr. aylor, yes; and Mr. tmmerman, yes. ( proved 5 — 0.)
WORK SSION
Mr. i erman explain the Work Sessio purpose and proc res. He advised at all
c ments made by t Commission are ' ormai and non -bi mg, and are inten d only to
rovide general go' cc to the applica egarding the appli ion.
I
I
3. Educational Use Code Amendment Administrative Request
08- 075ADM
Jamie Adkins said the purpose of this request is to address the lack of educational uses in the
Zoning Code by including day cares and tutoring services in the CC, Community Commercial
District and to receive informal feedback on their appropriateness. She explained that the
educational uses must be added because the use was not located in any district. Ms. Adkins said
entertainment uses for music and dance were also contemplated. She asked if the Commission
thought that should be left in the CC, Community Commercial District and if that was an
appropriate classification.
Mr. Zimmerman pointed out that as Dublin's population ages, it would need an elder daycare use
included. He asked if it would be considered generally a daycare facility.
Mr. Walter suggested removing the word, child from the daycare uses. He said the he did not
think they should be a permitted use in a CC District because there have been many
conversations around vehicular access, play structures locations, and the operating hours. He
said if they were allowed in a CC District, the ability to work with applicants to make them as
successful as they can will be lost.
Ms. Adkins said they could be added as conditional uses, which they are in some planned
districts because of the traffic impacts of drop -off and pick -up timing issues, She said if a
conditional use was deemed appropriate, it would be reviewed by the Commission. Mr. Walter
said it was very appropriate as a conditional use.
Mr. Zimmerman suggested daycare services be used instead of child daycare.
Ms. Adkins confirmed that tutoring should also be in the conditional use category. Mr. Fishman
agreed it should because there is group tutoring. He could not recall a daycare that was not
complicated and it should be left as is.
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Code Amendment
Suburban Office and Institutional Disu'iet
Dublin Planning and Zoning Commission
August 7, 2008 — Minutes
Page 6 of 12
C Richard Taylor said the type of use is appropriate for this area in terms of the kinds of activity it
can generate and the people that will be there. However, he agreed that the details of the
structures, the use, and the traffic should be reviewed conditionally.
Mr. Walter asked for further discussion about the entertainment use. Ms. Adkins said there is
nothing in the Code that permits live music and/or dancing or general indoor entertainment uses
and it needs to be included, possibly as a conditional use because of the impacts. She suggested
that indoor meeting space or indoor dining in association with the entertainment uses could be
included in this one category.
Mr. Walter said he had trouble including that use as a conditional use because he did not see the
need. He said a retail storefront can serve food and have a children's play structure that was
similar to any other kind of use already included. He questioned why that should go through a
conditional use process. Ms. Adkins said the intent was to limit the hours of operation, noise
impacts, and impacts of group gathering spaces, which are issues looked at with a conditional
use, but including it as a conditional use is not required.
Ms. Amorose Groomes asked if the use proposed would include some adult entertainment
without alcohol. Ms. Adkins said the use would not be that specific, but that was one of the
targets. She said some business owners have considered that same kind of establishment for
young adults which the Code does not permit now.
It Mr. Walter said it was fine if the use was needed, but he did not think it needed to go through a
conditional use process.
Ms. Amorose Groomes, Mr. Zimmerman, and Mr. Fishman wanted the Commission to review
most of those things. Mr. Fishman said other uses in a shopping center could be overloaded when
there was a large function. Mr. Zimmerman said a conditional use would give the Planning and
the Commission a chance to look at the use to make sure it fits into the community.
Mr. Taylor said a restaurant would have either fixed or removable seating and that would limit
the occupancy. He said in an open floor dance hall in an assembly use, there will be a much
higher occupancy density and there is the potential for a lot more people. He said there will be
times in some shopping centers when a place like that is busy and the other stores are closed and
it will not be an issue, but restaurants in a shopping center with a very intense use like that, could
have an impact on the parking and other patrons. He said he would like to see something that the
Commission can consider.
Ms. Adkins suggested a compromise similar to what was done with indoor fitness uses. She said
over a certain square footage, the larger facilities had to come back as a conditional use.
Mr. Walter asked if there was a way to target this use. He said the youth and young adult
audiences were significantly different types. He suggested allowing youth oriented
entertainment venues and then having conditional uses for the others. He said uses that are
regularly encouraged, such as children's birthday party places and things like that should not
e have to come through a conditional use process, incurring time, energy, and expense. He said for
the uses that the Commission wants to look at more closely that impact the area, he did not know
how to draw the line. He said he did not think these categories did that well enough.
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Code Amendment
Suburban Office and Institutional Disuict
Dublin Planning and Zoning Commission
August 7, 2008 — Minutes
Page 7 of 12
Mr. Fishman said a restaurant like Chuck E. Cheese has a high capacity of so many people per
square foot. However, he said these uses can affect the character of a shopping center as far as
parking. He said not enough was known about who was going to apply to make it a use.
Mr. Walter asked Planning to define what they were trying to do. Ms. Adkins said they are
working on language, but since there was nothing out there, they are trying to group these into an
entertainment category. She agreed to look at how this could be broken down and restricted.
Mr. Zimmerman invited those in the audience who wished to speak to come forward.
David Davis, 6121 Red Winesap Way, said that he ran a similar program in Columbus that was
kind of like Chuck E. Cheese meets Dave and Busters. He said it was where the preteens and
young adults could go after school to eat, play video games, congregate to meet people, and to
dance or hear live entertainment that is not in an alcohol or smoke -filled venue. He said they ran
such a place at the Continent for two or three years, they had an impeccable record with the
Columbus Police, and had never had one incident of any kind with 600 -700 kids. He said they
had strict dress codes and police officers at all times. He said he understood the concept of
conditional uses. He said there was a definite need for this kind of program for kids to go to
because there is nothing to do in Dublin.
Mr. Davis said regarding the adult side of it, one of the fastest growing entertainment areas now
is called Christian Rock. He said that the problem is finding a place that can hold a large enough
audience serve alcohol and they obviously do not want to play in those places and the places do
not want them because they do not consume alcohol.
Mr. Taylor said what Mr. Davis had described sounded fabulous and he had not heard any
objections from anyone. He agreed that the Commission would like to have the opportunity to
review the potential impact on neighboring businesses.
Mr. Walter suggested there be a square footage requirement.
Mr. Fishman said he thought these uses should be conditional uses, and each case should be
reviewed for approval by the Commission.
Mr. Davis said regarding parking, the average use in Columbus was one car per thirty or forty
people because they were young adults, often dropped off by parents that visited.
Ms. Adkins said Planning would bring back something to the Commission at a future meeting,
and the Parking Code will need to be updated as well for this use.
Mr. Davis said that he had been a pleasure working with the Planning Department and Ms.
Adkins. He said they had gone above and beyond to work with him and develop this for the past
3 % months.
Mr. Zimmerman said the work sessions were a benefit if someone wanted to establish a business
in Dublin because they can bring their ideas, it is very low cost, and Planning will work with
them and show the steps necessary where it is not a full -blown application.
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Code Amendment
Suburban Office and Institutional District