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28-08 OrdinanceRECORD OF ORDINANCES 28-08 Amended Ordinance No. Passed . 20 AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE CITY OF DUBLIN ZONING CODE RELATED TO THE GENERAL PURPOSE AND OPERATIONS OF THE BOARD OF ZONING APPEALS (CASE NO. 07-102ADM) WHEREAS, it is necessary from time to time to amend the Code in order to protect the health, safety and welfare of the citizens of the City of Dublin; and WHEREAS, Sections 153.002, 153.018(B)(3), 153.004(C)(1), 153.053(G)(2)(a), 153.091, 153.097, 153.098, 153.115(F), 153.138(A)(B), 153.148, 153.187(A), 153.210(D), 153.073, 153.163, 153.201, 153.203, 153.235, 153.237, and 153.238 of the Dublin Codified Ordinances contain information related to the operations of the Board of Zoning Appeals; and WHEREAS, the purpose of this Code amendment is to eliminate conflicting language regarding conditional use approvals, modifying incorrect references to Sections, add authority to, and consolidate sections that refer to the Board of Zoning Appeals into one section. WHEREAS, the Planning and Zoning Commission reviewed the proposed amendment on November 15, 2007 and April 10, 2008 and recommends adoption because it serves to improve the health, safety and welfare of the citizens of the City of Dublin. NOW, THEREFORE, BE IT ORDAINED by Council of the City of Dublin, State of Ohio, ~ of the elected members concurring that: Section 1. Chapter 153 of the City of Dublin Zoning Code is hereby amended and shall provide as follows: GENERAL PROVISIONS §153.002 DEFINITIONS CONDITIONAL USE. A use allowed in a zoning district after a permit is granted by the Planning and Zoning Commission according to the provisions of § 153.236. §153.004 APPLICATION (C)(1) Nonconforming lots. The construction of a conforming structure and/or the conduct of a permitted use shall be allowed on any lot of record which has an area and/or lot width less than that required for such structure or permitted use in the zoning district in which the lot is located. Variance of any development standard other than minimum lot area and/or minimum lot width shall be obtained only through action of the Board of Zoning Appeals in accordance with the provisions of § 153.231(H). Such nonconforming lots must be in separate ownership and not of continuous frontage with other land in the same ownership on the effective date of the Zoning Ordinance. Otherwise, development shall be permitted only in accordance with the development standards of the zoning district in which such ownership is located. ZONING DISTRICT REGULATIONS §153.018 STANDARD ZONING DISTRICT REGULATIONS (B)(3) Conditional uses. A use designated as a conditional use shall be allowed in a zoning district when such conditional use, its location, extent and method of development will not substantially alter the character of the vicinity or unduly interfere with the use of adjacent lots in the manner prescribed for the zoning district. To this end the Planning and Zoning Commission shall, in addition to the development standards for the zoning district, set forth such additional requirements as will, in its judgment render the conditional use compatible with the existing and future use of adjacent lots and the vicinity. RECORD OF ORDINANCES Dayton Lceal Blank. Inc Form No. 3004. 28-08 Amended Page 2 Ordinance No. Passed . 20 PLANNED DEVELOPMENT DISTRICTS §153.053 PROCEDURES (G)(2)(a) Any request for a variation to the development standards text that pertains to an individual single-family dwelling shall be reviewed as a variance according to the procedures set forth in § 153.231(H). GENERAL DEVELOPMENT STANDARDS §153.073 COMPREHENSIVE RESIDENTIAL AND NEIGHBORHOOD IMPROVEMENT Home Occupation (B)(1)(j) All automobiles used by customers shall be parked in the driveway or along the street curb abutting the premises, unless other more satisfactory arrangements are required and approved by Director of Land Use and Long Range Planning after a public notice Home occupation parking on non-curbed streets is prohibited. No truck other than one van-type truck maybe used in connection with a home occupation. If this vehicle is stored on-site, it must be enclosed by a structure so that the vehicle cannot be entered upon or seen from an adjacent lot or street. SPECIAL PERMITS §153.090 PURPOSE The purpose of this Section is to identify land uses which require a special permit due to unique characteristics relative to location, design, size, operation, traffic circulation or need for public services. §153.091 SPECIAL PERMIT REQUIRED The uses provided in § 153.094 through 153.098 shall not be erected or used unless a special permit has been issued by the Board of Zoning Appeals in accordance with the procedures of § 153.231 (G). § 153.097 PORTABLE STRUCTURES AND TEMPORARY USES (C) Permit process. A certificate of zoning plan approval shall be issued to the owner of the property by the Director of Land Use and Long Range Planning or designee after approval of a special permit by the Board of Zoning Appeals for any portable nonresidential structure. The Board of Zoning Appeals shall approve, disapprove or approve with conditions a special permit, based on a site plan and a narrative outlining the scope of use to be submitted by the applicant and owner of record of the property according to the rules of the Board of Zoning Appeals. In addition to the provisions of § 153.231 (G), (3), the Board shall consider that the proposed structure be: § 153.098 MODEL HOMES IN RESIDENTIAL DISTRICTS (C) Permit process. A certificate of zoning plan approval shall be issued to the owner of the property by the Director of Land Use and Long Range Planning or appropriate designee after approval of a special permit by the Board of Zoning Appeals for a model home. The Board of Zoning Appeals shall approve, disapprove or approve with conditions, a special permit based on its proposed location in the community. In addition to the provisions of § 153.231 (G), (3), the Board shall consider that the proposed model home be: SPECIAL DISTRICTS § 153.115 CORRIDOR DEVELOPMENT DISTRICT (F) Appeal. Any applicant whose application herein is not approved (matters deleted) or any applicant whose application herein is approved subject to modifications in accordance with division (E)(5) above, may appeal to the denial of the certificate of zoning plan RECORD OF ORDINANCES Orclincrnce No. 20 28-08 Amended Passed Page 3 approval to the Board of Zoning Appeals in accordance with the provisions of § 153.231 (F). LANDSCAPING § 153.138 VARIANCES (A) Any landscape plan disapproved by either the Director of Land Use and Long Range Planning or the Planning and Zoning Commission maybe appealed according to the procedure provided in § 153.231 (F). In any event Council may, upon request of any aggrieved party after the appeal as herein provided, review the decisions of the Planning and Zoning Commission or administrative officer and modify such decision in any manner not consistent with this section so as to prevent undue hardship or inconsistency. (B) Variances. The Board of Zoning Appeals may hear requests for variances from the landscape requirements of this Section in accordance with the procedures provided in § 153.231 (H). (C) Recording. Decisions of the Board of Zoning Appeals shall be forwarded to the Planning and Zoning Commission, the Community Services Advisory Commission, the Division of Building Standards, and the Clerk of Council's office and properly described in the committee's minutes. TREE PRESERVATION § 153.148 APPEALS Any aggrieved property owners may appeal in writing to the Board of Zoning Appeals any decision made by the city staff under the provisions of § 153.231 (F). SIGNS § 153.163 ABANDONED SIGNS (B) The Director of Land Use and Long Range Planning shall determine whether a sign shall be considered abandoned. Upon determination that the sign is abandoned, the right to maintain and use such sign shall terminate immediately and the Director of Land Use and Long Range Planning or designee shall issue an order for the sign to be removed within 15 days by the property owner. Any abandoned sign still standing after 15 days following an order for removal maybe removed by the City. If the property owner refuses to pay for removal of the sign, the cost of such removal, as determined by City Council, will be added to the owner's tax records. ARCHITECTURAL REVIEW § 153.187 APPEALS (A) Any applicant aggrieved by a decision of the Board may appeal the decision to the Board of Zoning Appeals under the provisions of 153.231 (F). In the event that the Board of Zoning Appeals does not affirm the decision of the Board, it may reverse, remand or modify such decision of the Board and shall state the reasons therefore in the minutes of its meetings and shall forward a copy of such minutes to the Board. OFF-STREET PARKING AND LOADING § 153.201 INTERPRETATION AND CALCULATION (A) Parking and loading spaces for uses not specifically provided for in this Code shall be determined by Director of Land Use and Long Range Planning. (B) Each separate use shall meet its own specific requirements as set forth in this Code or as determined by the Director of Land Use and Long Range Planning if not set forth herein. For mixed uses, the total sum of the parking and loading spaces shall RECORD OF ORDINANCES Dayton Lccal [31ank. Inc. Form Vo. 30043 28-08 Amended Page 4 Ordinmzce No. Passed , ?0 be the sum of all the requirements for each separate permitted, accessory or conditional use. § 153.203 JOINT USES (A) All off-street parking and loading spaces shall be located on the same lot as the use to be served, except the owners of two or more separate uses may establish a joint parking area to provide the total number of required off-street parking and loading spaces for all such combined uses, subject to approval of the Director of Land Use and Long Range Planning, subject to such conditions as he/she may impose. § 153.210 DRIVEWAYS (D) Exceptions to divisions (B) and (C) above require review and approval by the Director of Land Use and Long Range Planning or designee(s). Appeals maybe made to the Board of Zoning Appeals in accordance with § 153.231 (F). ADMINISTRATIONAND ENFORCEMENT § 153.231 THE BOARD OF ZONING APPEALS (A) Purpose. In order that the objectives of this Code maybe more fully and equitably achieved, that there shall be provided a means of competent interpretation of this Code, that adequate but controlled flexibility be provided in the application of this Chapter, that the health, safety, and welfare of the public be secured, and that justice be done, there is hereby established a Board of Zoning Appeals. (B) Organization and membership. (1) The Board of Zoning Appeals shall consist of 5 electors of the City who shall serve overlapping three-year terms appointed by City Council. Council shall make all reasonable efforts to appoint at least one member of the Board of Zoning Appeals with qualifying experience and/or training pertaining to residential construction, such as persons trained in mechanical/structural engineering, building, architecture and the like. (2) The Board shall organize and adopt rules for its operation as approved by City Council. (3) Meetings of the Board shall be held at the call of the chairperson and at such other times as the Board determines. All meetings of the Board of Zoning Appeals shall be open to the public. The proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of Council and be a public record. (C) Powers and duties. The Board of Zoning Appeals shall carry out the following powers and duties as provided in this Section: (1) Administrative appeals from any person or any governmental department affected or aggrieved, or to review any order, requirement, decision or determination where it is alleged by the appellant that there is error or misinterpretation in any order, requirement, decision, grant or refusal made by an administrative official or body charged with the enforcement and administration of this Code. (2) Special permit. To authorize only special permits as provided under this Code. (3) Variances. Where there are practical difficulties (non-use variances) or unnecessary hardships (use variances) preventing a property owner from RECORD OF ORDINANCES Inc. 28-08 Amended Ordinance No. Page 5 Passed ~0 conforming with the strict requirements of this Code, the Board of Zoning Appeals shall have the power to authorize variances from the requirements of this Code. (D) (4) Building construction appeals for the Dublin Division of Building Standards. (5) Stream Corridor Protection Zone Appeals for the Dublin Engineering Division. (6) Decisions related to nonconformities, as provided in § 153.004 APPLICATION, (C) (7) The Board may also make advisory recommendations to Council and the Planning and Zoning Commission concerning zoning matters. (8) The Board shall exercise any other powers, duties, and functions as provided by Council. Applications and hearings (1) Applications. A complete application to the Board of Zoning Appeals shall be submitted to Land Use & Long Range Planning. To be considered complete the application shall consist of submission of a fee as established by City Council, a completed application on a form provided by the City, and dimensioned site plans drawn to an appropriate scale, clearly showing the following items, unless waived by the Director of Land Use and Long Range Planning: (a) Legal description of the property. (b) The boundaries and dimensions of the lot. (c) The size and location of existing and proposed structures, accessways, walks, off-street parking and loading spaces and landscaping. (d) The proposed use of all parts of the lot and structures. (e) The use of land and location of structures within 100 feet on adjacent property. (f) For non-use variances, the area subject to the application shall be clearly marked. (g) Any other information that the Board of Zoning Appeals deems necessary to make a decision on the application. (E) (2) Hearings. Upon receipt of a complete application the City shall cause notices stating the time, place and subject of the hearing to be served personally or by mail addressed to the parties submitting the application, and to those persons residing within 150 feet of the property which is the subject of the application. All notices shall be sent to the addresses listed in the last assessment roll. Notices shall be sent at least ten days prior to the date of the scheduled hearing. (3) The Chair may administer oaths, and the Board of Zoning Appeals may compel the attendance of witnesses. Applications without representation during the hearing either in person or by agent shall be tabled without further action. Failure to appear for more than two meetings shall be considered a request for the application to be withdrawn. A new application shall then be required for any further consideration. Decisions RECORD OF ORDINANCES 28-08 Amended Page 6 Ordinance No. Passed . 20 (1) Actions of the Board of Zoning Appeals. During or within a reasonable time following a public hearing, the Board of Zoning Appeals shall approve, approve with modifications, or disapprove an application. (2) Conditions. (a) In making any decision provided for in this Section, the Board may attach any conditions regarding the location, character and other features of the application as it may deem reasonable to ensure that applicable standards of review for the decision are met. (b) Conditions attached may include, but not be restricted to, limitations on the extent or intensity of development, screening, lighting, control of access or other conditions of development as maybe required. Conditions attached shall be stated in the motion for approval, including the reasons for each condition imposed. (3) Any decision of the Board shall not become a final appealable order until minutes of the meeting at which final action on the request was taken are officially approved and adopted by the Board of Zoning Appeals, unless the Board shall find the immediate effect is necessary for the preservation of rights or that public safety be maintained and shall so certify on the record. (4) The decision of the Board of Zoning Appeals shall be final; however, any person having an interest affected by any such decision shall have the right of appeal to a court of competent jurisdiction on questions of law and fact, provided that the appeal is filed within thirty day of the final administrative order, as stipulated by the State of Ohio. (5) No application for action by the Board which has been disapproved shall be resubmitted for a period of one year from the date of disapproval, except as maybe permitted by the Director of Land Use and Long Range Planning upon submission of new and significant facts or conditions which might result in favorable action upon resubmittal. (6) Each decision entered under the provisions of this Code shall become null and void unless the construction or other action authorized by such decision has been started within one year after the decision was made and is being carried forward to completion or occupancy of land, premises, or buildings. (7) The Board may grant a single six-month extension of the approval, provided the applicant requests the extension prior to the date of the expiration of the approval. The extension shall be approved if the applicant presents reasonable evidence to the effect that the development has encountered unforeseen difficulties beyond the control of the applicant, and the project will proceed within the extension period. (8) The breach of any condition or requirement shall be considered a violation of the Board's action. The Board, after notice to the property owner and a public hearing held in the same manner as the original approval, shall have the authority to revoke, modify, or attach additional conditions to any approval granted if the applicant fails to comply with any of the applicable requirements in this Code or any condition attached to the approval. (F) Administrative Appeal to the Board of Zoning Appeals (1) An appeal maybe taken from any person or any governmental department affected or aggrieved, and review any order, requirement, decision or RECORD OF ORDINANCES Form No. 30043 28-08 Amended Page 7 Ordinance Nn. Passed , 20 determination where it is alleged by the appellant that there is error or misinterpretation in any order, requirement, decision, grant or refusal made by an administrative official or body charged with the enforcement and administration of this Code. (2) Appeals shall be taken within 20 days after the decision by filing with the officer from whom the appeal is taken and with the Board of Zoning Appeals, a notice of appeal, specifying the grounds. The officer from whom the appeal is taken shall transmit to the Board of Zoning Appeals all the papers constituting the record upon which the action was taken. (3) An appeal shall stay all proceedings in furtherance of the action appealed from unless the Director of Land Use and Long Range Planning certifies to the Board, after notice of appeal has been filed, that, due to the facts stated in the certificate, a stay would cause imminent peril to life or property. In this case, the proceedings shall not be stayed other than by a restraining order, which maybe granted by a court of record. (4) In deciding the appeal, the Board shall determine whether or not the decision that was made was done so using the proper requirements and standards in this Code. The decision of the Board is limited to the information that was available to the administrative official or body who made the decision being appealed. Additional testimony is not appropriate. (5) After a determination that the administrative official or body making the decision did so improperly, the Board may reverse or affirm, wholly or partly, or may modify, the order, requirement, decision or determination appealed from, and may make an order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the administrative official or body from whom the appeal was taken. (G) Special Permits (1) Nature of special permit. Due to unique characteristics relative to location, design, size, operation, traffic circulation or need for public services, several specific uses have been identified which require supplemental criteria and review to substantiate that the use is appropriate for the proposed location. (2) The requirements of this Section are in addition to those imposed by § 153.090 to 153.098. (3) Standard of review. In reviewing an application for a special permit, the Board of Zoning Appeals shall consider the following: (a) Whether the proposed use meets the applicable requirements established by this Code; (b) Whether the proposed use is compatible with the existing land use and the general development and character of the neighborhood; and (c) Whether the use can be developed and maintained without substantially impairing the general purpose and intent of the zoning district in which the use is proposed to be located. (4) Any applicant who is denied a special permit by the Board of Zoning Appeals may appeal the denial to the City Council. (H) Variances. RECORD OF ORDINANCES Davton Lceal Blank. Inc. Fonn Vo. 300_ Ordinttrtce No. 28-08 Amended Page 8 Passed ~ 0 (1) Nature of variance. On a particular property extraordinary circumstances may exist, making a strict enforcement of the applicable development requirements of this Code unreasonable, and therefore, the variance procedure is provided to allow the flexibility necessary to adapt to changed or unusual conditions that meet the standards of review for variances. In granting any variance, the Board of Zoning Appeals shall prescribe appropriate conditions and safeguards to maintain the intent and spirit of the zoning district in conformity with the Zoning Code. (2) Non-Use (Area) Variances: Upon application, the Board of Zoning Appeals shall only approve a request for anon-use variance only in cases where there is evidence of practical difficulty present on the property in the official record of the hearing and that the findings required in (a) and (b) have been satisfied with respect to the following standards of review: (a) That all of the following findings are made: 1. That special conditions and circumstances exist which are peculiar to the land or structure involved and which are not applicable to other lands or structures in the same zoning district whereby the literal enforcement of the requirements of this Chapter would involve practical difficulties. Special conditions or circumstances may include: 1. exceptional narrowness, shallowness or shape of a specific property on the effective date of this Chapter or amendment; or 2. by reason of exceptional topographic or environmental conditions or other extraordinary situation on the land, building or structure; or 3. by reason of the use or development of the property immediately adjoining the property in question. 2. That the variance is not necessitated because of any action or inaction of the applicant. 3. Granting the variance will not cause a substantial adverse effect to property or improvements in the vicinity or will not materially impair the intent and purposes of the requirement being varied or of this Chapter. (b) That at least two of the following findings are made: 1. That a literal interpretation of the provisions of the Zoning Code would not confer on the applicant any special privilege or deprive the applicant ofrights commonly enjoyed by other properties in the same zoning district under the terms of this Chapter. 2. The variance request is not one where the specific conditions pertaining to the property are so general or recurrent in nature as to make the formulation of a general regulation for those conditions reasonably practicable. 3. The variance would not adversely affect the delivery of governmental services (e.g., water, sewer, garbage); 4. The practical difficulty could be eliminated by some other method, even if the solution is less convenient or most costly to achieve. (3) Use Variances: Final approval of a use variance shall be granted by the City Council, following review of the findings of the Board of Zoning Appeals. Upon application, the Board of Zoning Appeals shall only RECORD OF ORDINANCES t~i.t~,~:. i~~. Orclina~2ce No. Passed Page 9 20 recommend to the City Council approval of a request for a use variance only in cases where there is evidence of an unnecessary hardship imposed on the property in the official record of the hearing and a finding is made that all of the following standards of review are met: (a) That there are unnecessary hardships in the way of carrying out the strict letter of these regulations which are caused by exceptional or extraordinary circumstances or conditions applying to the property involved, or to the intended use of the property, that do not generally apply to other property or uses in the vicinity in the same zoning district. Exceptional or extraordinary circumstances or conditions include: (1) exceptional narrowness, shallowness or shape ofa specific property on the effective date of this chapter; (2) exceptional topographic conditions; (3) by reason of the use or development of the property immediately adjoining the property in question; or (4) any other physical situation on the land, building or structure deemed by the Board of Appeals to be extraordinary. (b) That the proposed use will not alter the essential character of or be detrimental to adjacent property and the surrounding neighborhood. (c) That the building, structure, or land cannot reasonably be used for a use allowed in the zone district in which it is located. (d) That the variance is not necessitated because of any action or inaction of the applicant. (I) Building construction appeals for the Division of Building Standards. 28-08 Amended (1) The Board shall hear all appeals not related to the Ohio Building Code or other statewide Code regulated by the Board of Building Standards; namely, one, two and three-family residential dwellings within the city limits, or as provided in Section 111.1 in the Property Maintenance Code of the City of Dublin. (2) If the Director of Building Standards denies a contractor's application for registration, suspends or revokes a contractor's registration certificate, or denies renewal of a registration certificate, the contractor shall have the right to appeal to the Board of Zoning Appeals. The contractor shall submit a notice of appeal to the Board of Zoning Appeals within five days from the receipt of the order of the Director of Building Standards. The decision of the Board of Zoning Appeals shall be final. (3) An appeal shall be heard in accordance with the provisions of this Section. (4) An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted there under have been incorrectly interpreted, the provision of this code do not fully apply, or an equally good or better form of construction is proposed. The board shall have no authority to waive requirements of this code. (J) Stream Corridor Protection Zone Appeals for the Dublin Engineering Division. (1) Appeals are only permitted with respect to decisions by the City Engineer regarding prohibited uses and facilities (§ 53.220 and 53.230), or rulings regarding modification ofnon-conforming structures (§ 53.240). (2) An appeal shall be heard in accordance with the provisions of this Section. RECORD OF ORDINANCES Dayton Le~~al Blank. Inc. Form No. 30043 0 Ordinance No. 2g-Og Passed Pabe . 20 (3) Should the decision of the City Engineer be reversed or modified, the Board of Zoning Appeals may prescribe appropriate conditions and safeguards to maintain the intent and spirit of Chapter 53 of the Dublin Code of Ordinances. REPEALS: 153.235 Procedure for administrative appeal 153.237 Procedure for variance 153.238 Procedure for authorizing a special permit Section 2. This Ordinance shall take effect on the earliest date provided by law. Passed this ~ day of , 2008. i Mayor -Presiding Officer ATTEST: ~}~rX~Clerk Council r~ SCHOTTENSTEIN ~ J 'ZOX&DUNN~o_«,, MEMORANDUM TO: Jane S. Brautigam, City Manager Dublin City Council FROM: Stephen J. Smith, Law Director Jennifer D. Readier DATE: May 1S, 2008 RE: Application of Conditional Use Criteria I. Introduction The Planning and Zoning Commission, pursuant to the Dublin Code, has been given the responsibility of reviewing conditional use requests. The standards for granting conditional uses are set forth in the Dublin Code, but the manner in which conditional uses must be considered is affected by case law. This office has been asked to address the application of the conditional use criteria in the Dublin Code and the impact of case law on the consideration of conditional use applications. Pursuant to that request, we have composed the following opinion. II. Discussion of Conditional Uses in General Conditional uses are uses that may have a significant impact and thus require an administrative hearing for approval. Although the issuance of a conditional use permit is not a matter of right in the same sense that a permitted use is, a municipality cannot arbitrarily deny a property owner's conditional use application simply because the use is no longer considered desirable. Kabatek v. City of North Royalton City Council, 1998 WL 6952, No. 71942 (8th Dist. Ct. App., Cuyahoga, 1-8-98). A conditional use's compatibility in any particular area depends upon surrounding circumstances. The grant or denial of a conditional use permit will turn on the specific facts of the particular case. Community Concerned Citizens, Inc. v. Union Twp. Bd. of Zoning Appeals, 66 Ohio St.3d 4S2 (1993). Cities are not free to disregard their ordinances where they do not really want a particular use. In Gillespie v. City of Stow, an appeals court heard an appeal from the court of common pleas regarding a city council's administrative decision to deny a conditional zoning certificate.' The court of appeals reasoned that, because the city council's decision in reviewing the conditional use permit request was an administrative and not a legislative act, the council was not permitted to deny the request simply because the council no longer wanted the conditionally ~ . 6S Ohio App 3d 601, S84 N.E.2d 1280 (Summit 1989), appeal dismissed, S 1 Ohio St.3d 707, SSS N.E.2d 316 (1990), appeal afrer remand, 1991 WL 16012, No. 14690 (9th Dist. Ct. App., Summit, 2-6-91). permitted use in the proposed location. While the appeals court stated that a conditional use was not a matter of right, it added that the "decision to deny such a certificate must not be unconstitutional, arbitrary, unreasonable, or illegal." It said that allowing the denial of a reasonable conditional use request would in effect amount to rezoning. There is also a case from the Tenth District Court of Appeals (Franklin County) involving the City of Gahanna that requires additional steps that a municipality must complete prior to denying a conditional use permit request when the language of the conditional use code section so provides. Rocky Point Plaza Corp. v. Gahanna Board of Zoning Appeals, 86 Ohio App.3d 486 (1993). In that case, Rocky Point requested a conditional use permit from the Gahanna Planning and Zoning Commission ("the Commission") to build an automobile service facility and tire store. The Commission denied the request and the applicant then appealed the decision to the Gahanna Board of Zoning Appeals ("BZA"), which also denied the request. Rocky Point then proceeded to appeal the decision to the Franklin County Common Pleas Court, which upheld the BZA's decision. Rocky Point then pursued an appeal to the Court of Appeals (Ohio Revised Code Section 2506 administrative appeal). The court of appeals was troubled by the manner in which the Gahanna Commission and the BZA conducted the conditional use hearings. The court noted that no witnesses were sworn, which is required for administrative hearings. Additionally, no evidence was adduced at the hearing -only statements were made. The court then addressed the standard of review employed by the Commission. The Gahanna standards were as follows: Approval. The Planning Commission shall approve an application for a conditional use if the following four conditions are met: • The proposed use is a conditional use of the zoning district, and the applicable development standards established in this Zoning Ordinance are met; • The proposed development is in accord with appropriate plans for the area; • The proposed development will not have undesirable effects on the surrounding area; • The proposed development will be in keeping with the existing land use character and physical development potential of the area fir the Rocky Point case the Commission made no affirmative finding as to the existence or nonexistence of any of the four approval conditionals. The court then discussed another section of the Gahanna Code, which provided: Approval with modification. The Commission may approve, with modification, an application for a conditional use if the proposed use is a conditional use of the zoning district and the applicable development standards are met, but plot plan modification is required: • To be in accord with appropriate plans for the area; and • To prevent undesirable effects on adjacent property and the surrounding area. ~xizzssm.~ ; 2 Such modifcation may be a limitation on the extent or intensity of development, a requirement for additional screening by fence or landscaping, a change in the method of plan for lighting, control of access or other conditions of development as may be required. Requirements regarding the modification of plans or other appropriate actions shall be stated with the reasons for each recommendation. The court construed these two sections together as requiring the Commission to first determine whether the application for a conditional use meets the requirements for approval. If the application did not meet the requirements for approval, the Commission was required to determine whether modifications could be made to accommodate the use. Only then could the Commission proceed with disapproval. The court remanded the case to the Gahanna BZA for an appropriate hearing. Dublin revised its conditional use ordinance in 2004. While the previous version of Dublin's ordinance was virtually identical to Gahanna's conditional use ordinance (and would require the type of review mandated in the Gahanna case discussed above), the revised version provides a more straightforward process. The Commission must simply examine conditional use factors and not whether the use should be approved, approved with modifications, or disapproved. III. Dublin Code Section Regarding Conditional Use Standards Dublin Code Section 153.236(C) sets forth the criteria for conditional use applications. It is as follows: (C) Action by the Planning Commission. The Planning and Zoning Commission shall hold a public hearing and shall not approve a conditional use unless it finds that such use at the proposed location meets all of the following requirements: (1) The proposed use will be harmonious with and in accordance with the general objectives, or with any specific objective or purpose of the Zoning Code and/or Community Plan. (2) The proposed use will comply with all applicable development standards, except as specifically altered in the approved conditional use. (3) The proposed use will be harmonious with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area. (4) The use will not be hazardous to or have a negative impact on existing or future surrounding uses. (5) The area and proposed use(s) will be adequately served by essential public facilities and services such as highways, streets, police, and fire protection, drainage structures, refuse disposal, water and sewers, and schools; or that the persons or agencies responsible for the ;H122850i.1 ~ 3 establishment of the proposed use shall be able to provide adequately any such services. (6) The proposed use will not be detrimental to the economic welfare of the community. (7) The proposed use will not involve uses, activities, processes, materials, equipment and conditions of operations, including, but not limited to, hours of operation, that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, odor or other characteristic not comparable to the uses permitted in the base zoning district. (8) Vehicular approaches to the property shall be so designed as not to create interference with traffic on surrounding public and/or private streets or roads. (9) The proposed use will not be detrimental to property values in the immediate vicinity. (10) The proposed use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. If an applicant does not meet one or more of the criteria listed above, the Commission should make a detailed explanation of the manner in which the criterion is not met. If the criteria can be met with conditions, such conditions should be clearly stated. IV. Conclusion As the foregoing discussion illustrates, planning commissions are given discretion in determining conditional use permits. However, in exercising their discretion to review conditional uses, commissions cannot act in an arbitrary or unreasonable manner. Approval of a conditional use is not automatic for the applicant -the conditional use must meet all of the standards in the Dublin Code before it can be approved. Please do not hesitate to contact us if you have any questions regarding the foregoing discussion. ~xiazssm_i ~ q CITY OF DUBLI[V_ Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 Phone: 614-410-4400 • Fax: 614-410-4490 Memo TO: Members of City Council ~ ~- FROM: Jane S. Brautigam, City Manager \~~.~ ~ ~~-c~~c ~-,-,~J DATE: May 15, 2008 INITIATED BY: Steve Langworthy, Director of Land Use and Long Range Planning RE: Ordinance 28-08 -Response to Council re Conditional Uses Background Information was requested regarding the degree of discretion provided to the Planning and Zoning Commission in their review and approval of Conditional Uses. Procedures and requirements for Conditional Uses are in Section 153.236 of the Zoning Code. Paragraph (C} contains the various review considerations that must be met for approval. What are Conditional Uses? Conditional uses, while generally considered compatible with the zoning district as a whole, may more intensely affect the surrounding area in which they are located than permitted uses. The intent of the conditional use process is to set forth development standards and criteria for locating and developing a conditional use in accordance with the nature of the surrounding area, conditions of the development, and with regard to appropriate plans. The Planning and Zoning Commission is the final stage in approving/disapproving aconditional use. The conditional use request includes all of the details of the proposed use, and the Commission may approve, disapprove, or approve with modifications. Appeal of any action taken by the Commission is through the Court of Common Pleas. Following approval by the Commission, the applicant may proceed with the building permit process. A Certificate of Zoning Compliance for a conditional use must be issued within one year of Planning and Zoning Commission approval, or the approval expires. Why Are Review Criteria Necessary? Zoning decisions must be made carefully using a consistent set of criteria. There are several reasons why it must be clearly established that the Planning and Zoning Commission considered the zoning code standards before taking action. The Commission's decisions must not be "arbitrary and capricious," perhaps the words most attorneys are concerned about when defending their boards and commissions in zoning actions. Using the zoning code standards ensures that every application is reviewed against the same criteria. Review standards can help focus discussion on those aspects of the request that are most important to the decision. Having a common set of standards and using them consistently helps members focus the deliberation on ensuring conformance with written standards. Memo to Council re Ord. 28-08 - Code Amendment-BZA -Conditional Uses Response May 15, 2008 Page 2 of 2 On the other hand, the wording of the review standards provides a degree of discretion that permits the Commission a wide range of latitude to take into account neighborhood conditions, specific operational characteristics of proposed uses, and potential effects of the application. This recognizes that a general set of review standards must be flexible enough to take into account the many combinations of locations, uses, and operations that are possible with Conditional Uses. Attachment A to this memo contains the Zoning Code criteria used by the Planning and Zoning Commission to evaluate Conditional Uses. Attachment B is an example of a Conditional Use case evaluation using those criteria. ATTACHMENT A CONDITIONAL USE STANDARDS OF REVIEW Section 153.236(C), as amended by City Council on January 20, 2004, [Ordinance 117- 03(Amended)] the Code sets out criteria of approval for a conditional use. (C) Action by tke Planning Commission. The Planning and Zoning Commission shall hold a public hearing and shall not approve a conditional use unless it finds that such use at the proposed location meets all of the following requirements: (1) The proposed use will be harmonious with and in accordance with the general objectives, or with any specific objective or purpose of the Zoning Code and/or Community Plan. (2) The proposed use will comply with all applicable development standards, except as specifically altered in the approved conditional use. (3) The proposed use will be harmonious with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area. (4) The use will not be hazardous to or have a negative impact on existing or future surrounding uses. (5) The area and proposed use(s) will be adequately served by essential public facilities and services such as highways, streets, police, and fire protection, drainage structures, refuse disposal, water and sewers, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services. (6) The proposed use will not be detrimental to the economic welfare of the community. (7) The proposed use will not involve uses, activities, processes, materials, equipment and conditions of operations, including, but not limited to, hours of operation, that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, odor or other characteristic not comparable to the uses permitted in the base zoning district. (8) Vehicular approaches to the property shall be so designed as not to create interference with traffic on surrounding public and/or private streets or roads. (9) The proposed use will not be detrimental to property values in the immediate vicinity. ATTACHMENT A (10) The proposed use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. Planning and Zoning Commission Criteria Planning has prepared a consolidated set of criteria for use in its analysis of individual cases. The criteria are arranged into general categories. However, the Planning and Zoning Commission is furnished with a complete set of criteria to ensure that they are aware of the precise wording from the Zoning Code. Policies of the Community (Criteria 1 & 2). The proposed use will be harmonious with and in accordance with the specific objectives of the Zoning Code and/or Community Plan and comply with all applicable development standards. Impact to the Surrounding Community (Criteria 3, 4, 6, 9, & 10). The proposed use will be harmonious with the existing or intended character of the general vicinity, will not be hazardous to or have a negative impact on surrounding uses, will not be a detriment to the economic welfare of the community or property values in the in2mediate vicinity, and will not impede the orderly development of the surrounding properties. Necessary Infrastructure (Criteria S, 7 & 8). The area and proposed use(s) will be adequately served by essential public facilities and services and will have vehicular approaches that are appropriately designed to not create interference with traffic on surrounding public or private road systems. ATTACHMENT B AMENDED PLANNING REPORT PLANNING AND ZONING COMMISSION JUNE 7, 2007 SECTION I -CASE INFORMATION: 9. City of Dublin Parking Lot 07-0362/CU 35 Darby Street Rezoning/Conditional Use Proposal: A one-acre stand-alone parking lot within Historic Dublin, located on the northwest comer of Darby Street and Wing Hill. Request: Review and approval of a rezoning from R-2, Limited Suburban Residential District and CB, Central Business District to HB, Historic Business District (zoning district map amendment) under the provisions of Code Section 153.234 and a conditional use under the provisions of Code Section 153.236. Applicant: Jane S. Brautigam, City Manager, City of Dublin and Jack Eggspuehler, owner. Planning Contacts: Dan Phillabaum, AICP, Planner II Site Description Location The one-acre site is located at the northwest corner of Darby Street and Wing Hill Drive, and has approximately 200 feet of frontage along Darby Street. Site Character The land is relatively flat and partially paved as parking. Two structures exist on the site -the former Krema Products building is located in the southeast portion of the site and to the northeast is the Dublin Banquet Hall. Surrounding Zoning and Uses The site is zoned CB, Central Business District and R-2, Limited Suburban Residential District. The Indian Run Elementary School to the west is zoned HR, Historic Residential District, and the Dublin branch of the Columbus Metropolitan Library is located to the north and is zoned SO, Suburban Office and Institutional District. There are several businesses to the east zoned CB Central Business District, and Jason's Restaurant to the south is zoned HB, Historic Business District. Planning and Zoning Commission Tune 7, 2007 Planning Report Case No. 07-036Z/CU Page 2 of 4 P-an Description Overview This proposal is for the rezoning of the parcels comprising this site to HB, Historic Business District, for the purposed of developing a municipal parking lot containing 103 spaces at the northwest corner of Darby Street and Wing Hill Street as a stand alone parking lot-a conditional use with the Historic Business District. Existing Structures The two existing principal structures on the site will be demolished in order to fully develop the site as a municipal parking lot. The Dublin Banquet Hall at the north end of the site was constructed in 1967, and the former Krema Products building in 1970. Both are constructed with concrete masonry units as the primary building material, and possess no historic architectural significance to the District. A small bam of indefinite history is attached to the west end of the former Krema Products building. The City's historic preservation consultant has investigated this structure and determined it to be of no historic significance due to the number of significant architectural modifications it has undergone (see attached letter). Vehicular Access The plans indicate two driveways for this lot. One curb cut is at the southeast portion of the site to Darby Street, the other on the north side of the lot across from the Dublin Branch of the Columbus Metropolitan Library. Pedestrian and Bicycle Access Code requires that a five foot sidewalk be installed with developments having frontage along a public thoroughfare. The plan indicates asix-foot concrete paver sidewalk on the west side of Darby Street. Additionally, the plans indicate a sidewalk connection in the northwest portion of the site providing a connection to an existing sidewalk and ADA accessible ramp from the Indian Run Elementary parking lot to the north. The plans do not indicate a location for bike racks in the proposed parking lot. Lighting The parking lot lighting will be reviewed against the Dublin Exterior Lighting Guidelines. The proposed parking lot lights are decorative, cut-off fixtures, which are compatible with existing lighting in the Historic District. The lighting plan notes should be revised to accurately reflect the lighting details shown on the plan. Landscaping The Code requires interior landscaping and vehicular use area screening. A 3'/2-foot tall evergreen hedge will surround the parking lot, and a combination of deciduous shade trees will be used in the interior landscape islands and at 40-foot intervals around the perimeter of the parking lot, meeting the Code requirements. Planning and Zoning Commission June 7, 2007 Planning Report Case No. 07-0367JCU Page 3 of 4 Proposed Signs At this time no sign details have been provided other than required ADA parking signs. The City intends to implement directional signs on the site to assist visitors in finding the lot. Stormwater Expected stormwater runoff will be managed by several proposed Stormwater structures and storm sewer line. The Stormwater Management and Stream Corridor Protection Code exempt sites within the Architectural Review District from stormwater quality requirements. The Code also exempts this site from providing Stormwater quality control based on the amount of disturbed area. SECTION II -REVIEW STANDARDS Conditional Use Conditional uses, while often desirable, may more intensely affect the surrounding area in which they are located than permitted uses. The intent of the conditional use process is to set forth development standards and criteria for locating and developing a conditional use in accordance with the nature of the surrounding area, conditions of the development, and with regard to appropriate plans. The Planning and Zoning Commission is the final stage in approving/ disapproving a conditional use. The conditional use request includes all of the details of the proposed use, and the Commission may approve, disapprove, or approve with modifications. Upon a favorable finding, the Commission shall approve a conditional use application within 30 days following the public hearing. Appeal of any action taken by the Commission shall be to the Court of Common Pleas in the appropriate jurisdiction. Following approval by the Commission, the applicant may proceed with the building permit process. A Certificate of Zoning Plan Approval for a conditional use must be issued within one year of Planning and Zoning Commission approval or the approval expires. Evaluation and Recommendation based on Conditional Use Criteria In accordance with Section 153.236(C), as amended by City Council on January 20, 2004, [Ordinance 117-03(Amended)] the Code sets out criteria of approval for a conditional use. Following is an evaluation by Planning based on those criteria. The criteria are arranged in the following categories and maybe in a different order than listed in the Code: Policies of the Community (Criteria 1 & 2). The proposed use will be harmonious with and in accordance with the specific objectives of the Zoning Code, Community Plan and draft Historic Dublin Revitalization Plan and will comply with all applicable development standards. Criteria met. The proposed parking lot is consistent with the objectives of the Code, Community Plan and draft Historic Dublin Revitalization Plan. Impact to the Surrounding Community (Criteria 3, 4, 6, 9, & 10). The proposed use will be harmonious with the existing or intended character of the general vicinity, will not be hazardous to or have a negative impact on surrounding uses, will not be a detriment to the economic Planning and Zoning Commission June 7, 2007 Planning Report Case No. 07-036Z/CU Page 4 of 4 welfare of the community or property values in the immediate vicinity, and will not impede the orderly development of the surrounding properties. Criteria met. The proposed parking lot is harmonious with the land uses in the surrounding vicinity and will have a positive effect on existing and future land uses by providing convenient parking for patrons. Necessary Infrastructure (Criteria 5, 7 & 8). The area and proposed use(s) will be adequately served by essential public facilities and services and will have vehicular approaches that are appropriately designed to not create interference with traffic on surrounding public or private road systems. Criteria met. The utility infrastructure associated with the proposed parking lot will adequately manage stormwater runoff Driveways have been appropriately located to accommodate traffic on the adjacent road system. SECTION III -OPINION AND RECOMMENDATION Conditional Use: Approval In Planning's opinion, this proposal complies with the conditional use criteria set forth in Section 153.236 of the Dublin Zoning Code, is consistent with the intended future development of the area and provides an amenity to the District. Planning recommends approval of the conditional use request with two conditions. Conditions 1) That directional signs be coordinated with existing signs in the Historic District, subject to Planning approval; and 2) That a bicycle rack (minimum capacity of 10 bikes) be placed within or adjacent to the parking lot. CITY OF DUBLIN_ Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017-1090 Phone: 614-410-4400 • Fax: 614-410-4490 TO: Members of the Dublin City Council FROM: Jane S. Brautigam, City Manager ~ 3 ~ ~ s~ DATE: May 1, 2008 Memo INITIATED BY: Steve Langworthy, Director of Land Use and Long Range Planning RE: Ordinance 28-08 -Dublin Zoning Code Modifications re General Purpose and Operations of the Board of Zoning Appeals Background Land Use and Long Range Planning is proposing a modification to several sections of the City of Dublin Zoning Code that relate to or reference the Board of Zoning Appeals. Many of these Code sections have not been updated since their initial adoption, which, in some cases, was over 10 years ago. Some are relatively minor revisions while others will be more extensive. Planning has consolidated sections that refer to the Board of Zoning Appeals into one section, Section 153.231. Planning has also added provisions to reflect current requirements and eliminated some conflicting language regarding conditional use approvals. During the review of the Code amendment, the City Law Director made recommendations related to which criteria must be met for non-use variances as outlined in a State Supreme Court case, Duncan v. Village of Middlefield. This case stated that not all standards can be required to be met for approval of a non-use variance, and therefore, the Code is proposed to be changed to reflect this case. Recommendation of the Planning and Zoning Commission and Board of Zoning Appeals While the Zoning Code does not specifically call for the language to be reviewed by the Board of Zoning Appeals (BZA), Planning staff believed that it was appropriate and useful for BZA to have the opportunity to comment on these proposed changes prior to submission for amendment. The Board of Zoning Appeals reviewed the proposed Code amendment on October 25, 2007 and recommended approval with minor modifications proposed to the text. The Planning and Zoning Commission (P&Z) then reviewed the proposed Code amendment on November 15, 2007 and the Commission recommended approval with no changes. The application went before the BZA and P&Z for a second review based solely on the changes proposed by the Law Director. This modification was reviewed by P&Z on April 10, 2008 and the BZA on Apri124, 2008 and both approved the amendments with no changes. Memo to Council -Ordinance 28-08 Code Amendment re BZA May 1, 2008 Page 2 of 2 Description The following is a summary of the issues Planning has identified for potential revisions for BZA. General Text Updates Several sections of the Code are being revised in order to accurately reflect applicable Code sections that over time have either been changed and/or were omitted as a result of previous amendments. Other changes revise various sections of the Code to reflect procedural requirements for issues that should be reviewed administratively bythe Director of Land Use and Long Range Planning or by other entities. These revisions are recommended in an effort to ensure that the Code accurately reflects current policies and procedures. Section 153.231-Board of Zoning Appeals The City of Dublin Zoning Code contains various sections that make general references to or outline specific procedures for BZA. In an effort to consolidate the information into one section, Section 153.231 has been modified to consolidate Sections 153.235, 153.237 and 153.238. In addition, Section 153.231 includes new language that attempts to addresses several issues. One is to codify procedures that are currently in practice by BZA but have not been formally written and adopted by the City of Dublin. The second issue provides separate review standards for use variances. Recommendation Approval of Ordinance 28-08 at the public hearing/second reading on May 19, 2008. GENERAL TEXT UPDATES GENERAL PROVISIONS §153.002 DEFINITIONS Amended Text to read in full as follows: CONDITIONAL USE. A use allowed in a zoning district after a permit is granted by the R~°.,~zen~b~ppeals Planning and Zonin~Commission according to the provisions of §153.236. §153.004 APPLICATION Amended text to read in full as follows: (C)(1) Nonconforming lots. The construction of a conforming structure and/or the conduct of a permitted use shall be allowed on any lot of record which has an area and/or lot width less than that required for such structure or permitted use in the zoning district in which the lot is located. Variance of any development standard other than minimum lot area and/or minimum lot width shall be obtained only through action of the Board of Zoning Appeals in accordance with the provisions of § 153.231 ~-'~.,~s5; and 1-~3-23F tl~o= b-h-1-53-~31. Such nonconforming lots must be in sepazate ownership and not of continuous frontage with other land in the same ownership on the effective date of the Zoning Ordinance. Otherwise, development shall be permitted only in accordance with the development standards of the zoning district in which such ownership is located. ZONING DISTRICT REGULATIONS §153.018 STANDARD ZONING DISTRICT REGULATIONS Amended text to read in full as follows: (B)(3) Conditional uses. A use designated as a conditional use shall be allowed in a zoning district when such conditional use, its location, extent and method of development will not substantially alter the character of the vicinity or unduly interfere with the use of adjacent lots in the manner prescribed for the zoning district. To this end the Ccard-er Zoning~4ppcals Planning and Zoning Commission shall, in addition to the development standards for the zoning district, set forth such additional requirements as will, in its judgment render the conditional use compatible with the existing and future use of adjacent lots and the vicinity. PLANNED DEVELOPMENT DISTIRCTS §153.053 PROCEDURES Amended text to read in full as follows: (G)(2)(a) Any request for a variation to the development standards text that pertains to an individual single-family dwelling shall be reviewed as a variance according to the procedures set forth in ~-1~-3?37t i 53.231(1. GENERAL DEVELOPMENT STANDARDS §153.073 COMPREHENSIVE RESIDENTIAL AND NEIGHBORHOOD IMPROVEMENT Home Occupation Amended text to read in full as follows: (B)(1)(j) All automobiles used by customers shall be parked in the driveway or along the street curb abutting the premises, unless other more satisfactory arrangements are required and approved by the Beard-e~Zr`Tppeals Dg _c±or of Land Use and Low Rance Planninu after a public notice and-l:eari*~~g. Home occupation parking on non- curbed streets is prohibited. No truck other than one van-type truck may be used in connection with a home occupation. If this vehicle is stored on-site, it must be enclosed by a structure so that the vehicle cannot be entered upon or seen from an adjacent lot or street. SPECIAL PERMITS §153.090 PURPOSE Amended text to read in full as follows: The purpose of this Ehaptc~ Section is to identify land uses which require a special permit due to unique characteristics relative to location, design, size, operation, traffic circulation or need for public services-arid-te-prev~e-supp?erner:tal-e:=ite~a rich-slza~l~ applred-b}=-the 4~~.~d~f~'ern;-Appeals-wnen-rc~~co~rb .h„-prrepo~ce...ctsc. §153.091 SPECIAL PERMIT REQUIRED Amended text to read in full as follows: The uses ~rovi~ed. in ~ ? 53.094 thrcugh_ 1.53.09 Z/i~itrhir:-thc-ra~~r-i~inaii?y- :te-bttiidii?g; st~uetur~-or-prc~:iscs shall not be erected or used anc~n~buildin~ o:~s`r2astu=E-sltafl-bc ,,,.,, ~ - ~; .r ~.~,~ mac-tad=,vi~iea-rs a~~e2, ~~.,~~-ar~d~srgne~-to-bo~~`~c._rc~~~r ...ts e-hapic=unless a special permit has been issued by the Board of Zoning Appeals ~n accordance withthe~rocedures of 153.23I (~ § 153.092 POWERS AND DUTIES OF THE BOARD OF ZONING APPEALS. Delete: --Thc-ward-o,~Z~=~ ^ ppcals-shall -haverthe=rel~ewi~-pewer-s-arid duties-i~raddi~ic~~ to these-de€raed-c~sc~v:terc-i:~s~ap=e~ ~}-Te-grart...spceial-pcrn:i?s~er usc~iisted-irrthls-e~aptc~whe~e-it-is-shown-that the sp€c-tal-use-cart-'so-yanted-a~~ti-withou~subsa~t-?u?.-i~~ai~~~o€-tI~ ge~e•~s~ and ~nte~~t o-~f'.~-z©t~ingt~i~c~ it~wh}el:-thc use--is-propos~~9c~eeat~d ar~u=rtheut si~-ti~isant-~nsert~pat; "ronity-svith-tflc_.general-e'~.arac-to~f-thc-rt~~gh'oerhoe>c~ --:~}-Te~pese-such-rest.=~:,z:~~;{s}-c-on~t~ons-at~o ~=rrtz~atiens :egatdi b the~eeat~on_ eha~aete=er et~r-fcaiw~e~ o-€~`' e-prepesed trscs-e~str;~tur~s-as-tlae Beard-fees-aesessaryte-c-a~ry~ut-t'3e-~ntct~a~ose-ort~tezor: ~-v=diuartse-and?o ethet~vse-safeb and the-pu'~sa€o£y-and-wclfare- _. f E~-~: pex applic-at7or~by=ate-maw-Dir~eto~-tto-rc~eice-a*ry spee~al1~c~ni~-whose certd:tion-has been-vio-lated-after-i~e~nd eppo-~°turnb; -tfrc-o=~e~t ka~=c-'eeer~gtvert: 4~c4E}cede-~-;-~~83}{8r~-iEi-1-9E~pasSed 1-1-19-90) § 153.093 APPEALS. Delete A~ ap~li~ant~.~sde°~ti€d -a-~pee:al Termit-~y -hae-1?Iannia;b and ~eningC-orar.~issioa may-appeal-sttc-k-dental-dircefFy-ro-C~~ § 153.097 PORTABLE STRUCTURES AND TEMPORARY USES Amended text to read in full as follows: (C) Permit process. A certificate of zoning eonplianee plan approval shall be issued to the owner of the property by the Z~ ~~inistr~ter Birector of Land se and Long Rangy tannin or designee after approval of a special permit by the Board of ZZoning Appeals for any portable nonresidential structure. The Board of Zoning Appeals shall approve, disapprove or approve with conditions a special permit, based on a site plan and a narrative outlining the scope of use to be submitted by the applicant and owner of record of the property according to the rules of the Board of Zoning Appeals. In addition to. the provisions of ~._i_53.231 (G),~ la rnal~in~ is de~<x-r,-u~po~ the-speda?-pcrnrit a~p~ic-atien the Board shall consider that the proposed structure be: § 153.098 MODEL HOMES IN RESIDENTIAL DISTRICTS Amended text to read in full as follows: (C) Permit process. A certificate of zoning compliance plan approval shall be issued to the owner of the property by the Zoning-<`~a:~~°.=ai.=€,=Director of Land lise and Lontr Range Planningor appropriate designee after approval of a special permit by the Board of Zoning Appeals for a model home. The Board of Zoning Appeals shall approve, disapprove or approve with conditions, a special permit based on its proposed location in the community. In addition to the provisions of X153.231 (~,_{3) Fn-tr~ai~irrg its-dc-eisiotr, the Board shall consider that the proposed model home be: SPECIAL DISTRICTS § 153.115 CORRIDOR DEVELOPMENT DISTRICT Amended text to read in full as follows: (F) Appeal. Any applicant whose application herein is not approved (matters deleted) or any applicant whose application herein is approved subject to modifications in accordance with division (E)(5) above, may appeal to the denial of the certificate of zoning c-ornpkanec pian approval to the Board of Zoning Appeals in accordance with the provisions of ~-L5-3~-3-5 153.231.0. LANDSCAPING § 153.138 VARIANCES Amended to read in full as follows: (~ Any landscape plan sabm~tt~d-to- and disapproved by, either the P~iag Director of i and Use and hone Range Planning or the Planning and Zoning Commission maybe appealed according to the procedure provided for in § X5-3 2:r5 _§__153p.231 r for appe~'~d~°e~sions-o~ad:~=rat~ve-o€fic£rs-and-the P~gand G Co~-amission. {-S)In any event Council may, upon request of any aggrieved party after the appeal as herein provided, review the decisions of the Planning and. Zgnin~Commission or administrative officer and modify such decision in any manner not consistent with this section so as to prevent undue hardship or inconsistency. (AB) VaYiances R~~r~a ~i~ee-s=eg~es~s. The Board of Zoning Appeals may hear .. re nests for varances from the landsca e requirements of ttaa Section m q~-_.._._.....-- -____----~•----..._-._.._._..._- accordarge with ihe_procedures nrovide~ in X153,231 (I~;.-in-is-rcvicva e~the 'L'E6t?n-21Eituui~vr^fs$ire;.r^-~-an6@-FL'E1~L`'Stsn-cui~°-HaS£-IfS-2-GEQ?:?'r1?E3r:$atfOnS-Oiil~-al:-{3f t~?e-f911aX^3-n~~-~G-ritCr'ra: -(~}-"Flic-spcerft~nd~aanrirtle2aiTv.=r~-u~"~ieue...to-thy-appheant's-:and, and-do-:3et c^=st~:~ e?he~-land~vi~hin-the-same-~flr~e- -~2~-~l-lf'-r.:unir-kf'~6Vf?:Ell-t1ZA--StrzEtapp:_-~cari+"v^-r^rv th£...prQb'i~SiOn-6f-trt'zr.`rs"vci ~aT3tC-r-w3is1L dcpr~~<c-tl~-aPplicart~e~a-reasenablc-usc-o~tl~e-iand-ice thenanr.er-eq~:iva~ehc-asc perrntrted-ethE~landesvners-:n thc~ante-sene- {3}-~~-hc-unique-eenditions and-etreu~rrnsanees-arm-not :iae-rosutt-tai ae::onsaf-tlic appl~anrsubsequc~ttathe-adeptio.r~fzh=°.rohaptor-- -(4~l~easons that thc-varar:se shall-preseve~ot-ha:~-:r-the ptsafety-and-wc~fare; and shall-~-~eta~tet T -cssentia~c~araeter-~f-the-nc~gh~erheod: (BC) Recording. t~~ncnev~r Decisions of the Board of Zoning Appeals ma':eea-a resemmendatio~r. suerreeernmendatiaen shall be forwarded to the Planning and Zoning Commission, tho-Dublin-~-ree-and-bandseape-Ad~~isor;~imissien, the Communes Services Advisory Commission, the Division of Building Standards, and the Clerk of Council's office and properly described in the committee's minutes. TREE PRESERVATION § 153.148 APPEALS Amended text to read in full as follows: Any aggrieved property owners may appeal in writing to the Board of Zoning Appeals any decision made by the city staff under the provisions of ~~-53-2-34 w 153: 231_0. Saes appeal--must~e-~='.-€d-i=~erdarte., 9,=:...'tl-Cede-pr~visi~~°s SIGNS § 153.163 ABANDONED SIGNS Amended text to read in full as follows: (B) The_Director of Land Use and Long Ra_nge_P_lannin~ s~ali determine whether a sie~l. shali_be considered abandoned. Abaadene~l-signs-stall-be-romov~d~y the-prapc~*.y awne~-:~r~Ire-propert3~o-~vn~r s~e~rorno-ve `The-abandoned-sign_ the :eilaw:ng ~reecdu~re- ~. SF-"Fhc~ia=--~^~dn~dstrator-sltal~dc€e.~ine~ardonirent-a€te~a ~~J . _ b public-'.•~a~nU bc€ore-the-$eard-o= Z-eni' c ~gY@als Upon determination that the sign is abandoned, the right to maintain and use such sign shall terminate immediately and the Zonng~d..:i~~ra:or Drector of Land lice and Lo~Ranae Planning or designee shall issue an order for the sign to be removed within 15 days by the property owner. Any abandoned sign still standing after 15 days following an order for removal maybe removed by the Zanin~ Admirrist=ator eft-munici~rality-City If the property owner refuses to pay for removal of the sign, the cost of such removal, as determined by City Council, will be added to the owner's tax records. ARCHITECTURAL REVIEW § 153.187 APPEALS Amended text to read in full as follows: (A) Any applicant aggrieved by a decision of the Board may appeal the decision to the Board of Zoning Appeals under the provisions of 153.231 F~_ Luc-#:-appeal-shall-tarn by-thee ef-a written statcm~~ set`~ng-fie-b ounds-fm tl~e appeal-with~hc C.~~n-o-€the-Boarde~Zen~a~als-witrain-29-days of-the-deeisien-e€ t'ze-Boat the-Boar~e€ Zoning-Appeals-sha'r~af~rrrs-the~e~ision~thE-€3oard-<a~lcss-it-finds-that the-dcc-ision-is oentrary-te-law: In the event that the Board of Zoning Appeals does not affirm the decision of the Board, it may reverse, remand or modify such decision of the Board and shall state the reasons therefore in the minutes of its meetings and shall forward a copy of such minutes to the Board. OFF-STREET PARKING AND LOADING § 153.201 INTERPRETATION AND CALCULATION Amend to read in full as follows: (A) Parking and loading spaces for uses not specifically provided for in this ehapter Code shall be determined by thy-3oard-~ Zoning-Appeals~rpen atrappe°j~u deEisien-o~the ^~.T.~~oti 9f€~ia? Director of Land lise and ~on~hange Planninz .. (B) Each separate use shall meet its own specific requirements as set forth in this chapter Code or as determined by the Board Birector of Land Use and Lois Range Plannin if not set forth herein. For mixed uses, the total sum of the parking and loading spaces shall be the sum of all the requirements for each separate permitted, accessory or conditional use. § 153.203 JOINT USES Amended text to read in full as follows: (A) All off-street parking and loading spaces shall be located on the same lot as the use to be served, except the owners of two or more separate uses may establish a joint parking area to provide the total number of required off-street parking and loading spaces for all such combined uses, subject to approval of the Board-o€ Zonis . Fppeals Director of "Land i7se and Long Range Piannine, su'~ct and to such conditions as he/she may im~ose_ be-im;3esod-~y-the-Bea=d. § 153.210 DRIVEWAYS Amended text to read in full as follows: (D) Exceptions to divisions (B) and (C) above require review and approval by the Director of Land Use and Long Range Planning or designee(s). Appeals maybe made to the Board of Zoning Appeals in accordance with § 153.231 .(F}. BOARD OF ZONING APPEALS AUTHORITY ADMINISTRATIONAND ENFORCEMENT § 153.231 THE BOARD OF ZONING APPEALS Delete Existing text: ~-earl-e%~#~~'~:ai~c~s<ra-one-a~-sic-h-o~:e= ~i~}cs-as-t~}e-3oa~d-~etc~r:}~s-'€~ shahTe°°~~; om::ri°~s.^aee-tie-ae~i=tb =}~c~se~r.-~}«y-a~r~i~ris~e~-oatl=s;-'aa~ ~tcc~or~c~i~..~ca}s -=nay-eo-}~~e;--ire- a?re~ eiaass-o€- ~uit~esscs-~o~~}eii sue' 1~ta1FC~~e«sorta~'-.e-e€€o~s-Es-2p~oi}}±-at...Icast-ogre-~cr~}bcr-o~~k:c-~<~d--o€ ~::Tb «Is--xith'-~i,~aii€3~i}~g.._exter~t~c-e- a}~~!o~kr«ir~tr}}~ -~~a~r b~-:a xesideii:ial---eo~}si~t~s~:~r -«s~~se~:s-T~,d--~-r~e~ra:~iea?~sr~ae?a~a~ e~t~i:}c~~trtrtl~ b~s~iteet~e- ate-tic--kk-~---t~?-~eetiiigs-'o€-~~c...~oa~d-fl€ ~o~~-~va~s-sii«€1-ae-s~ca-=~ ~~e-p-.z'-~---~-1.c...~FOSC~di~b -sr~o-var~?h;~tetc-o€ ... ,. caei«rbeoa-cacs~~- off- r€-«bse'~}t-o-x...=a}~iii~-~o-vote. -=}i~isafiri~ -suei} ,. ~~*~,-a=:~-stia??-~cEp--rcea~es..o-f ..i ss--ex-a~i:iauto:}s-«na-oE's~~-o€€rer«I-«c~toa~«t!-e€ -~~~ti~s '--Hii?TzC E y--r} -~ :?-t' "-otz'rE-C...4)' -0UF'xC-}. t}(d._~C_&-'3t'_. .t6-z`GEOFfr. (E~~o-~ ~r=s-E~rer~~e~---=t-~-_~oat~- o-€' ~or}}ig.~'~gea}s-s?~,}.I _'riasc__t?ie..._€o}~ovtiti povrc=s~xi~?ies ~~i~r:siiaf'ive-Q€ft~e~-}~-tpe eti€o=ac~ett>r fl€~he-~©ni'}:g-o-~rct'i}}a~tee- {~}--dessl-pe;=rte-~e-anti-ioi~e-on%y-sic-~t-s~esia%}iei~ii~-as-t~t~ t3oaxd-'o'€ ~otti}}~-f~i pe'a}.s-is--see: ~.a}.1y_..aut'iiot~cc#-to-'eot?side~-~`--t~-:e:~-o~?~te ^~urse- b ai}ti b -s~tel}-.va~ia}~cc; -kc~ea=~o~~-r'~c«is-s~iaii.._.psese~ibe «pp~e~iat~eet}ditie:ts'ar~'-sa€e~>saes-te-t~ra~titairi r~ie i}iteiit-«ti~-spi~i'E-o-t'tte te}~tti~ drstr~t~or-r€e:-itd-~vitY}-t~}e"Zo-ni n-F}~i~}a~e~ tiEenai}e~-~ode~L=e-Bead-ska?'}-...a?so'-have-;a~:s~ietioti-o-ve~~iEexs b ~OE£E}"uii,S.-3.3?-...rs}t~at}©}i~ 4'~%~3@ff'-a-t~(;tC'Frii'}f}at}OiI-'-kSL'~~~'".,fl--t}i--}S's'dzi^ib> dEtataiag-~-=eve?~}~ ~ice~tse~s~t.._a~pca}s-s'.~«€ '~La~~-'a~-the-~~ticf 3tri~t~~-9€r`~ei«1-o#=the-city: (S~St. ~,~rrr-£-'~r;<itt'o~-f'retc~t~:x-~s-ae-~~pe~~s ~~rke-I~aeh~a- L`rxgi~eeer~ ~i.~ie~-fie-hear-cad-decide-in-spee~rie easc~Yfxhe-~=r-rs-o-~Chapte~ref he-~3ub~inn-CCode-ef9rdir}aneos will-be-eentrar}~to-the-pi~i~tcrcwst-where, 9'Ja-ir~~tcr~p~'si al-.,^-vndrarnzron--tliG-~a-nd~-`~ai?aneG-i-s_._nCEessahGn-a varnn~,s~ the --Board--e€-Zo,-~i=~b-App.~~shn.'.l--prose-ribeap~repriate Benditi~s-and-safeb ards-to-maintain-tlre-intci~t-and-s~i:it o-~Chapte~5-3-ef tiYtc-~uhl3n-~odc .,:-~d~:R~ses Replace text to read in full as follows: (A) Purpose. In order that the objectives of this Code may be more fully and equitably achieved, that there shall be provided a means of competent interpretation of this Code, that adequate but controlled flexibility be provided in the application of this Chapter, that the health, safety, and welfare of the public be secured, and that justice be done, there is hereby established a Board of Zoning Appeals. (B) Organization and membership. (1) The Board of Zoning Appeals shall consist of 5 electors of the City who shall serve overlapping three-year terms appointed by City Council. Council shall make all reasonable efforts to appoint at least one member of the Board of Zoning Appeals with qualifying experience and/or training pertaining to residential construction, such as persons trained in mechanical/structural engineering, building, architecture and the like. (2) The Board shall organize and adopt rules for its operation. (3) Meetings of the Board shall beheld at the call of the chairperson and at such other times as the Board determines. All meetings of the Board of Zoning Appeals shall be open to the public. The proceedings, showing the vote of each member upon each question or, if absent or failing to veto, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of Council and be a public record. (C) Powers and duties. The Board of Zoning Appeals shall carry out the following powers and duties as provided in this Section: (1) Administrative appeals from any person or any governmental department affected or aggrieved, or to review any order, requirement, decision or determination where it is alleged by the appellant that there is error or misinterpretation in any order, requirement, decision, grant or refusal made by an administrative official or body charged with the enforcement and administration of this Code. (2) Special permit. To authorize only special permits as provided under this Code. (3) Variances. Where there are practical difficulties (non-use variances) or unnecessary hardships (use variances) preventing a property owner from conforming with the strict requirements of this Code, the Board of Zoning Appeals shall have the power to authorize variances from the requirements of this Code. (4) Building construction appeals for the Dublin Division of Building Standards. (5) Stream Corridor Protection Zone Appeals for the Dublin Bngineering Division. (6) Decisions related to nonconformities, as provided in § 153.004 APPLICATION, (C) (7) The Board may also make advisory recommendations to Council and the Planning and Zoning Commission concerning zoning matters. (8) The Board shall exercise any other powers. duties, and functions as provided by Council. (D) Applications and hearings (1) Applications. A complete application to the Board of Zoning Appeals shall be submitted to Land Use & Long Range Planning. To be considered complete the application shall consist of submission of a fee as established by City Council, a completed application on a form provided by the City, and dimensioned site plans drawn to an appropriate scale, clearly showing the following items, unless waived by the Director of Land Use and Long Range Planning: (a) Legal description of the property. (b) The boundaries and dimensions of the lot. (c) The size and location of existing and proposed structures, accessways, walks, off-street parking and loading spaces and landscaping. (d) The proposed use of all parts of the lot and structures. (e) The use of land and location of structures within 100 feet on adjacent property. (f) For non-use variances, the area subject to the application shall be clearly marked. (g) Any other information that the Board of Zoning Appeals deems necessary to make a decision on the application. {2) Hearings. Upon receipt of a complete application the City shall cause notices stating the time, place and subject of the hearing to be served personally or by mail addressed to the parties submitting the application, and to those persons residing within 150 feet of the property which is the subject of the application. All notices shall be sent to the addresses listed in the last assessment roll. Notices shall be sent at least ten days prior to the date of the scheduled hearing. (3) The Chair may administer oaths, and the Board of Zoning Appeals may compel the attendance of witnesses. Applications without representation during the hearing either in person or by agent shall be tabled without further action. Failure to appear for more than two meetings shall be considered a request for the application to be withdrawn. A new application shall then be required for any further consideration. (E) Decisions (1) Actions of the Board of Zoning Appeals. During or within a reasonable time following a public hearing, the Board of Zoning Appeals shall approve, approve with modifications. or disapprove an application. (2) Conditions. (a) In making any decision provided for in this Section, the Board may attach any conditions regarding the location, character and other features of the application as it may deem reasonable to ensure that applicable standards of review for the decision are met. (b) Conditions attached may include, but not be restricted to, limitations on the extent or intensity of development, screening, lighting, control of access or other conditions of development as maybe required. Conditions attached shall be stated in the motion for approval, including the reasons for each condition imposed. (3) Any decision of the Board shall not become a final appealable order until minutes of the meeting at which final action on the request was taken are officially approved and adopted by the Board of Zoning Appeals, unless the Board shall find the immediate effect is necessary for the preservation of rights or that public safety be maintained and shall so certify on the record. (4) The decision of the Board of Zoning Appeals shall be final; however, any person having an interest affected by any such decision shall have the right of appeal to a court of competent jurisdiction on questions of law and fact; provided that the appeal is filed within thirty day of the final administrative order, as stipulated by the State of Ohio. (5) No application for action by the Board which has been disapproved shall be resu'omitted for a period of one year from the date of disapproval, except as may be permitted by the Director of Land lise and Long Range Planning upon submission of new and significant facts or conditions which might result in favorable action upon resubmittal. (6) Each decision entered under the provisions of this Code shall become null and void unless the construction or other action authorized by such decision has been started within one year after the decision was made and is being carried forward to completion or occupancy of land, premises, or buildings. (7} The Board may grant a single six-month extension of the approval, provided the applicant requests the extension prior to the date of the expiration of the approval. The extension shall be approved if the applicant presents reasonable evidence to the effect that the development has encountered unforeseen difficulties beyond the control of the applicant, and the project will proceed within the extension period. (8) The breach of any condition or requirement shall be considered a violation of the Boards action. The Board, after notice to the property owner and a public hearing held in the same manner as the original approval, shall have the authority to revoke, modify, or attach additional conditions to any approval granted if the applicant fails to comply with any of the applicable requirements in this Code or any condition attached to the approval. (F) Administrative Appea] to the Board of Zoning Appeals (1) An appeal may be taken from any person or any governmental department affected or aggrieved, and review any order; requirement, decision or determination where it is alleged by the appellant that there is error or misinterpretation in any order, requirement, decision, grant or refusal made by an administrative official or body charged with the enforcement and administration of this Code. (2) Appeals shall be taken within 20 days after the decision by filing with the officer from whom the appeal is taken and with the Board of Zoning Appeals, a notice of appeal, specifying the grounds. The officer from whom the appeal is taken shall transmit to the Board of Zoning Appeals all the papers constituting the record upon which the action was taken. (3) An appeal shall stay all proceedings in furtherance of the action appealed from unless the Director of Land Use and Long Range Planning certifies to the Board, after notice of appeal has been filed, that, due to the facts stated in the certificate, a stay would cause imminent peril to life or property. In this case, the proceedings shall not be stayed other than by a restraining order, which may be granted by a court of record. (4) In deciding the appeal, the Board shall determine whether or not the decision that was made was done so using the proper requirements and standards in this Code. The decision of the Board is limited to the information that was available to the administrative official or body who made the decision being appealed. Additional testimony is not appropriate. (5) After a determination that the administrative official or body making the decision did so improperly, the Board may reverse or affirm, wholly or partly; or may modify, the order, requirement, decision or determination appealed from, and may make an order; requirement, decision or determination as ought to be made, and to that end shall have all the powers of the administrative official or body from whom the appeal was taken. (G) Special Permits (1) Nature of special permit. Due to unique characteristics relative to location, design, size, operation, traffic circulation or need for public services, several specific uses have been identified which require supplemental criteria and review to substantiate that the use is appropriate for the proposed location. (2} The requirements of this Section are in addition to those imposed by § 153.090 to 153.098. (3) Standard of review. In reviewing an application for a special permit, the Board of Zoning Appeals shall consider the following: (a) Whether the proposed use meets the applicable requirements established by this Code; (b) Whether the proposed use is compatible with the existing land use and the general development and character of the neighborhood; and (c) Whether the use can be developed and maintained without substantially impairing the general purpose and intent of the zoning district in which the use is proposed to be located. (4) Any applicant who is denied a special permit by the Board of Zoning Appeals may appeal the denial to the City Council. (H) Variances. (1) Nature of variance. On a particular property extraordinary circumstances may exist, making a strict enforcement of the applicable development requirements of this Code unreasonable, and therefore, the variance procedure is provided to allow the flexibility necessary to adapt to changed or unusual conditions that meet the standards of review for variances. (2) Non-tise (Area) Variances: upon application, the Board of Zoning Appeals shall only approve a request for anon-use variance only in cases where there is evidence of practical difficulty present on the property in the official record of the hearing and that the findings required in (a) and (b) have been satisfied with respect to the following standards of review: (a) That all of the following findings are made: That special conditions and circumstances exist which are peculiar to the land or structure involved and which are not applicable to other lands or structures in the same zoning district whereby the literal enforcement of the requirements of this Chapter would involve practical difficulties. Special conditions or circumstances may include: i. exceptional narrowness, shallowness or shape of a specific property on the effective date of this Chapter or amendment; or 2. by reason of exceptional topographic or environmental conditions or other extraordinary situation on the land, building or structure; or 3. by reason of the use or development of the property immediately adjoining the property in question. 2. That the variance is not necessitated because of any action or inaction of the applicant. 3. Granting the variance will not cause a substantial adverse effect to property or improvements in the vicinity or will not materially impair the intent and purposes of the requirement being varied or of this Chapter. (b) That at least two of the following findings are made: That a literal interpretation of the provisions of the Zoning Code would not confer on the applicant any special privilege or deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this Chapter. 2. The variance request is not one where the specific conditions pertaining to the property are so general or recurrent in nature as to make the formulation of a general regulation for those conditions reasonably practicable. 3. The variance would not adversely affect the delivery of governmental services (e.g., water, sewer, garbage); 4. The practical difficulty could be eliminated by some other method, even if the solution is less convenient or most costly to achieve. (3) Use Variances: Final approval of a use variance shaIl be granted by the City Council, following review of the findings of the Board of Zoning Appeals. Upon application, the Board of Zoning Appeals shall only recommend to the City Council approval of a request for a use variance only in cases where there is evidence of an unnecessary hardship imposed on the property in the official record of the hearing and a finding is made that all of the following standards of review are met: (a) That there are unnecessary hardships in the way of carrying out the strict letter ofthese regulations which are caused'oy exceptional or extraordinary circumstances or conditions applying to the property involved, or to the intended use of the property, that do not generally apply to other property or uses in the vicinity in the carne zoning district. Exceptional or extraordinary circumstances or conditions include: (1) exceptional narrowness, shallowness or shape of a specific property on the effective date of this chapter; (2) exceptional topographic conditions; (3) by reason of the use or development of the property immediately adjoining the property in question; or (4) any other physical situation on the land, building or structure deemed by the Board of Appeals to be extraordinary. (b) That the proposed use will not alter the essential character of or be detrimental to adjacent property and the surrounding neighborhood. (c) That the building, structure, or land cannot reasonably be used for a use allowed in the zone district in which it is located. (d) That the variance is not necessitated because of any action or inaction of the applicant. (I) Building construction appeals for the Division of Building Standards. (1) The Board shall hear all appeals not related to the Ohio Building Code or other statewide Code regulated by the Board of Building Standards; namely, one, two and three-family residential dwellings within the city limits, or as provided in Section 111.1 in the Property Maintenance Code of the City of Dublin. (2) If the Director of Building Standards denies a contractor's application for registration, suspends or revokes a contractor's registration certificate, or denies renewal of a registration certificate, the contractor shall have the right to appeal to the Board of Zoning Appeals. The contractor shall submit a notice of appeal to the Board of Zoning Appeals within five days from the receipt of the order of the Director of Building Standards. The decision of the Board of Zoning Appeals shall be final. (3) An appeal shall be heard in accordance with the provisions of this Section. (4) An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted there under have been incorrectly interpreted, the provision of this code do not fully apply, or an equally good or better form of construction is proposed. The board shall have no authority to waive requirements of this code. (3) Stream Corridor Protection Zone Appeals for the Dublin Engineering Division. (1) Appeals are only permitted with respect to decisions by the City Engineer regarding prohibited uses and facilities (§ 53.220 and 53.230), or rulings regarding modification of non-conforming structures (§ 53.240). (2) An appeal shall be heard in accordance with the provisions of this Section. (3) Should the decision of the City Engineer be reversed or modified, the Board of Zoning Appeals may prescribe appropriate conditions and safeguards to maintain the intent and spirit of Chapter 53 of the Dublin Code of Ordinances. REPEALS: 153.235 Procedure for administrative appeal 153.237 Procedure for variance 153.238 Procedure for authorizing a special permit Board of Zoning Appeals Amendments Case No. 07-102ADM General Text Updates Conditional Uses Section 153.002 Definitions Section 153.018 Standard Zoning District Regulations (B)(3) Eliminates conflicts in Conditional Use procedure: Previous language in the Code reflected that both the Planning and Zoning Commission and Board of Zoning Appeals had approval authority for conditional uses. Amendment eliminates the Board of Zoning Appeals' references and clarifies that full the Planning and Zoning Commission has full approval authority. Code Section References: Changes incorrect and changed Section references in various parts of the Code. Section 153.004 Application, Nonconforming Lots (C)(1) Section 153.053 Planned Development Districts, Procedures (G)(2)(a) Section 153.091 Special Permit Required Section 153.097 Portable Structures and Temporary Uses Section 153.098 Model Homes in Residential Districts Section 153.115 Corridor Development District (F) Section 153.138 Landscaping, Variances, (A), (B) Section 153.148 Tree Preservation, Appeals Section 153.187 Architectural Review, Appeals, (A) Section 153.210, Driveways, (D) Changes in Authority Section 153.073 Comprehensive Residential and Neighborhood Improvement, Home Occupation. Requires approval by Director of Land Use and Long Range Planning ("Director") for curb parking for home occupations instead of separate BZA action. Section 153.163, Abandoned Signs. Allows Director to determine if a sign is to be considered "abandoned," rather than requiring a public hearing and determination by the BZA. Section 153.201 Off-Street Parking and Loading, Interpretation and Calculation. Allows Director to determine parking and loading requirements for uses not specifically listed. Section 153.203 Off-Street Parking and Loading, Joint Uses. Allows Director to approve joint use of parking and loading spaces, rather than the BZA. Board of Zoning Appeals • General: Amendment combines and modifies the following separate provisions of the Code related to the Board of Zoning Appeals under Section 153.231. Section 153.235 Procedures for Administrative Appeal Section 153.237 Procedure for Variance Section 153.238 Procedure for Authorizing a Special Permit • Changes from Current Code Procedural • Clarifies and adds application requirements. • Adds notice requirements for hearings to match current practice. • Adds authority to attach conditions to approvals. • Identifies method of documenting final decisions. • Adds cone-year resubmittal clause. • Allows BZA to grant asix-month extension to the one-year approval. Appeals Clarifies appeal procedures and authorities. Requires a finding that the decision being appealed was improperly taken. Variances • Separates and adds specific non-use and use variance review standards. • Eliminates requirement that all non-use variance review standards be satisfied. CITY 0~ DIBL1:~i_ ~au».a ~ pan. rb.rwo SWDSniervRings Roan Dub4n.Ohio ai016-1235 Pf,oneRDD: 614-f IP4600 Pa<6f4{iP04] Web Sipe: w+m~.tlvDin.oh:n PLANNING AND ZONING COMMISSION RECORD OF ACTION APRIL 10, 2008 The Planning and Zoning Commission took the following action at this meeting: 2. Board of Zoning Appeals Process Code Amendment 07-102ADM Administrative Request Proposal: Modifications to various Code sections related to the general purpose and operations of the Board of Zoning Appeals. Request: Review and recommendation to City Council for Code modifications 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: (6l4) 410-4649, tflading@dublin.oh.us. MOTION: To recommend approval of this Code Amendment to City Council. VOTE: 6 - 0. RESULT: This Code Amendment will be forwarded to the Boad of Zoning Appeals and City Council with a positive recommendation. STAFF Q~RTIFICATION Senior Dublin Planning and Zoning Commission i=t i t= 1 April 10, 2008 -Minutes Page 3 of 13 2. Board of Zoning Appeals Process Code Amendment 07-102ADM Steve Langworthy presented this request for review and approval of a Code Amendment to the Boazd of Zoning Appeals Process. He said an important change is being requested which will go to the Board of Zoning Appeals for informational purposes, and then to City Council for adoption. He said the purpose of this regulation and the change being proposed will revise the non-use (azea variance standazds) of review. He said the previous language had seven standards associated with them, and those seven standards have remained the same. However, he said the purpose of the change before the Commission now is to sepazate those into two categories, three required standards and two of four that have to be met, and the use variance standazds remain unchanged. He said this change has come about due to a Supreme Court case, Duncan v. Middlfield where it listed a summary of what the review standards would be and then at the end it said `no one of which is conclusive'. He said that the court has encapsulated those considerations that the Duncan decision brought forward, and put them into two categories, the required standards aze: 1) That special conditions and circumstances that apply to the property; 2) That the practical difficulty is not self-created; and 3) That there is no adverse affect or the intent and purpose of fhe regulations is not impaired by the approval of the variance. Mr. Langworthy explained that if any one of those standazds were failed, the variance would be failed. He said that if all of the required standards were met, a second set states that at least two standazds of the four have to be met: 1) That substantial justice is obtained; or 2) That the applicant is not deprived of rights that are guaranteed to others in similar circumstances and district; or 3) That there is no adverse affect on delivery of services, so the City's services are not impacted in any way; or 4) That the practical difficulty could be relieved by some other method that could follow the Code. He reiterated that two of the four had to be met in order for the area variance to be obtained. Mr. Langworthy said Planning recommends approval to City Council for this amendment for non-use variance standards. Mr. Walter noted that there was a numbering problem with the Code Amendment. Mr. Langworthy said it would be fixed. Motion and Vote Mr. Zimmerman made a motion for the proposed revisions to be forwarded to the Board of Zoning Appeals and City Council. Ms. Amorose Groomes seconded the motion. The vote was as follows: The vote was as follows: Mr. Fishman, yes; Mr. Walter, yes; Mr. Freimann, yes; Ms. Amorose Groomes, yes; Mr. Saneholtz, yes; and Mr. Zimmerman, yes. (Approved 6 - 0.) 07-102ADM Board of Zoning Appeals Code Amendment PLANNING REPORT PLANNING AND ZONING COIVI'VIISSION tontl J:e cnd APRIL 10, 2008 or:9 4anye ?icnnin9 B•.a9 ~.. CtiV 1~::16~:236 Fcs'b <-410.+L5 /r.^> idc: vvWw,iub'n.c^.VS SECTION I -CASE INFORMATION: 2. Code Amendments-Board of Zoning Appeals Code Amendments 07-102ADM Proposal: Text modifications to various sections of the City of Dublin Zoning Code related to the general purpose, duties and operations of the Boazd of Zoning Appeals. Request: Review and recommendation of Zoning Code text modifications, related to the Board of Zoning Appeals, which will be forwarded to the City of Dublin Council for approval. Applicant: Jane S. Brautigam, City Manager, City of Dublin. Planning Contact: Tammy Noble-Flading, Senior Planner. Contact Information: (614) 410-4600, tflading@dublin.oh.us. Update Last November Land Use and Long Range Planning proposed Code modifications to various sections of the Dublin Zoning Code that relate to the Board of Zoning Appeals. The Law Director reviewed the proposed Code amendment and requested that an additional modification be made to provisions regarding variances. Case Summary The comments made by the Law Director are based on a State Supreme Court ruling that addressed review standards that must be met in non-use, or area, variances. This case, Duncan v Village of Middlefield, in effect stated that not all standards can be required to be met for approval of an area variance. Currently, the City requires that all of the standazds for an area variance be met. Case Process In an effort to expedite this change, the Board of Zoning Appeals will be reviewing the proposed language on April 24, 2008. If the Board proposes modifcations, the Code amendment will be brought back to the Planning and Zoning Commission for further consideration. Once the Code modifications have been reviewed by both the Board of Zoning Appeals and the Planning and Zoning Commission, the revisions from both November I5, 2007 and April 10, 2008 will be compiled and brought to City Council for a final consideration. Dublin Planning and Zoning Commission Planning Report - Agril 10, 2008 Application No. 07-102ADM Page 2 of 2 Attached is a draft of the proposed Code language which modifies Section 153.231(H)(2) addressing the review standards for area variances. The modification provides seven review considerations; three of which must be met, along with two of the remaining four. The required standards include the presence of special conditions and circumstances, that the need for the variance was not created by the property owner, and that there is no adverse effect on the area or that the intent and purpose of the Code requirement is not impaired by the granting of the variance. The remaining factors include whether or not the granting of the variance would result in special privileges to the landowner, that the conditions of the land are not so common (general) that the regulation prompting the variance should be modified, the variance does not impact governmental services, or whether the practical difficulty could be remedied without a variance. SECTION II -REVIEW STANDARDS Case Procedure Code Section 153.234 grants the City Council the ability to change or amend the text of the Zoning Code. The purpose of this discussion is to review revisions to the operations of the BOARD OF ZONING APPEALS portion of the Code. Once the Planning and Zoning Commission renders a decision on the Code modification, the request will be forwarded to City Council. While the Zoning Code does not specifically call for the language to be reviewed by the Boazd, Planning felt that it was appropriate and useful for the BOARD OF ZOI`rING APPEALS to have the opportunity to comment on these proposed changes prior to submission into the required amendment process. SECTION III -RECOMMENDATION In Planning's opinion, the proposed revisions to the operations and procedures of the Board of Zoning Appeals meet the purpose and goals outlined by the Zoning Code. Planning recommends approval of the proposed Code modification then it be forwarded to the Board of Zoning Appeals and City Council. PROPOSED CODE LANGUAGE ADMINISTRATIONAND ENFORCEMENT § 153.231(H)(1) THE BOARD OF ZONING APPEALS (H) Variances. 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(2} Non-tise (Area) Variances: Lpon application, the Board of Zoning Appeals shall only approve a request for anon-use variance only in cases where there is evidence of practical difficulty present on the property in the official record of the hearing and that the findings required in (a} and (b) have been satisfied with respect to the following standards of review: {a} That all of the following findings are made: That special conditions and circumstances exist which are peculiar to the land or structure involved and which are not applicable to other lands or structures in the same zoning district whereby the literal enforcement of the requirements of this Chapter would involve practical difficulties. Special conditions or circumstances may include: 4. exceptional narrowness, shallowness or shape of a specific property on the effective date of this Chapter or amendment; or 5. by reason of exceptional topographic or environmental conditions or other extraordinary situation on the land, building or structure; or 6. by reason of the use or development of the property immediately adjoining the property in question. 2. That the variance is not necessitated because of any action or inaction of the applicant. 3. Crranting the variance will not cause a substantial adverse effect to property or improvements in the vicinity or will not materially impair the intent and purposes of the requirement being varied or of this Chapter. 0'1-102ADM Code Amendment Board of Zoning Appeals Process (b) That at least two of the following findings are made: L That a literal interpretation of the previsions of the Zoning Code would not confer on the applicant any special privilege or deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this Chapter. 3. The variance request is not one where the specific conditions pertaining to the property are so general or recurrent in nature as to make the formulation of a general regulation for ikosc conditions reasonably practicable. 3. The variance would not adversely affect the delivery of governmental services (e.g., water, sewer, garbage); 4. The practical difficulty could be eliminated by some other method, even if the solution is less convenient or most costly to achieve. 07-102ADM Code Amendment Board of Zoning Appeals Process CffY OF DUBLIN. PLANNING AND ZONING COMMISSION RECORD OF ACTION NOVEMBER 15, 2007 Plwrie/7W:61HIQNUD Fmc 61H1W71~ Web SAe: viww.tlubfn.ob.vs The Planning and Zoning Commission took the following action at this meeting: 2. Board of Zoning Appeals Process Administrative Request 07-102ADM Code Amendment Proposal: Modifications to various Code sections related to the general purpose and operations of the Boazd of Zoning Appeals. Request: Review and recommendafion for approval to City Council of Code modifications 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) 410-4649, tflading@dublin.oh.us. MOTION: To approve this Administrative Request to modify Zoning Code Sections 153.002, 153.004, 153.018, 153.053, 153.073, 153.090, 153.091, 153.097, 153.98, 153.115, 153.138, 153.148, 153.163, 153.187, 153.201, 153.203, and 153.210 as requested in the draft ordinance regazding the Boazd of Zoning Appeals process. VOTE: 6 - 0. RESULT: This Administrative Request to modify Zoning Code Sections 153.002, 153.004, 153.018, 153.053, 153.073, 153.090, 153.091, 153.097, 153.98, 153.115, 153.138, 153.148, 153.163, 153.187, 153.201, I53.203, and 153.210 as requested in the draft ordinance regazding the Boazd of Zoning Appeals process was approved with minor modifications. It will be forwazded to City Council with an approval recommendation. STAF ERT~IFiICATION r '~ f~~ ti~ ammy 1. Noble-Flading,,J Senior Planner Planning and Zoning Commission November L5, 20117-Minntes Page 4 of 19 2. Board of Zoning Appeals Process Administrative Request 07-102ADM Code Amendment Tammy Noble-Flading said the intent of the Code Amendment is to compile all information related to Board of Zoning Appeal into one section. She said these amendments were approved by the Boazd of Zoning appeals on October 25, 2007. Ms. Noble-Flading said all of the Boazd of Zoning Appeals modifications aze included in the proposed text. Mr. Waiter said the proposed language appears to take the mundane tasks and assign them to the Director of Land Use and Long Range Planning. He said if a resident has an appeal it will be assigned to the Boazd of Zoning Appeals for a public hearing. Ms. Noble-Flading said many of the administrative processes that have bees assigned to the Director are currently being handled administratively. Mr. Langworthy said that no authorities were changed. Mr. Fishman asked if the Boazd of Zoning Appeals had issues with the proposed modifications. Mr. Langworthy said no. Mr. Fishman said he had an issue with the Director determining alternative pazking arrangements for home occupation uses and it not being reviewed by the Planning and Zoning Commission. Mr. Walter said if there is an issue which falls under this pretense the issue will first betaken to the Director of Land Use and Long Range Planning; if it is not properly resolved the issue will go to the Boazd of Zoning Appeals. Mr. Langworthy clarified that in order to go from-the Director to the Boazd of Zoning Appeals a person would have to submit an appeal. Mr. Fishman said he is concerned that in the absence of Mr. langworthy that another individual would make a decision which is unsatisfactory. Mr. Langworthy said that the decision can still be appeared; however, these types of situations aze not a common occun:ence. Motion and Vote Mr. Gerber made a motion to approve this Administrafive Request to modify Zoning Code Sections 153.002, 153.004, 153.018, 253.053, 153.073, 153.090, 153.091, 153.097, 153.98, I53.115, 153.138, 153.148, 153.163, 153.187, 153.201, 153.203, and 153.210 as requested in the draft ordinance regarding the Board of Zoning Appeals process. Mr. Zimmerman seconded the motion. The vote was as follows: Mr. Walter, yes; Mr. Fishman, yes; Mr. Sanehottz, yes; Ms. Amorose Groomes, yes; Mr. Zimmerman, yes; Mr. Gerber, yes. (Approved 6 - 0.) 3. Miscellaneous Code 07-ilOADM Tennifer Rauch pr nted the miscellaneous pazk and ri cilities, swimming pool fe Rauc ated that draft language re mg in uded within the packet. Steve Langworthy ed the reason for the certain uses here they fit within the SIC the goa ' o eliminate the use of the S o a esses these uses. Administrative Re Code A ment ~od angel related to pet care u ,fitness use, ,s and drive-thrus on multi-t t buildings. Ms. each of these topics, ept the drive-thrus was pro amendments is a result o quiries for de designation wtthin the cu t Code. He said e, but for now we need rer Code language that 1j Y `~j l :. f f ~ ~M1 ' ~~ ~y~ ~ I y„5 ~i,-~,,~mW~ ...vim !' F~ ~ ` / j l /" '`i" PLANNING REPORT ~;-~'or ~~~;~_ PLANNING AND ZONING COMMISSION ~a u,..a '°~'~~ NOVEMBER 15, 2007 seou ssa a~v~e way, ouo 4wFalnb Pka 614-010460D Fac b1Hi64)47 wit sr~:....aar~.,s,.~ SECTION I -CASE INFORMATION 1. Code Amendments-Board of Zoning Appeals Code Amendments 07-102ADM Proposal: Text modifications to various sections of the City of Dublin Zoning Code related to the general purpose and operations of the Boazd of Zoning Appeals. Request: Review and approval of text modifications, related to the Boazd of Zoning Appeals, which wilt be forwazded to the City of Dublin Council. Applicant: Jane S. Brautigam, City Manager, City of Dublin. Planning Contact: Tammy Noble-Flading, Senior Planner Contact information: (614) 410-4649, tfladina{~dubiin.oh.us. Case Summary Over the past few months, Land Use & Long Range Planning has been reviewing the need foz revisions to various development related codes. Many of these code sections have not been updated since their initial adoption, which, in some cases, was over 10 years ago. Some are relatively minor revisions while others will be more extensive. Planning has consolidated regulations applicable to the Boazd of Zoning Appeals and added provisions to update the Code to reflect current requirements, which will also eliminate some conflicting language regazding conditional use approvals. Case Process: While the Zoning Code does not specifically call for the language to be reviewed by the Board, Planning felt that it was appropriate and useful for the BZA to have the opportunity to comment on these proposed changes prior to submission into the required amendment process. This amendment was presented to the Board of Zoning Appeals on October 25, 2007 in which the Board recommended approval of these Code Amendments based on minor changes to the language that have been included in the text, as submitted in the Planning and Zoning Commission packet. Sections: Attached is a draft of the proposed modifications. The following is a summary of the issues Planning has identified for potential revisions for the BZA. General Text Updates Several sections of the Code aze being revised in order to accurately reflect applicable code sections that over time have either been changed andlor were omitted as a result of previous Code amendments. Other changes revise various sections of the Code to reflect procedural requirements for issues that should either be reviewed administratively by the Director of Land Use and bong Range Planning or other entities. These revisions aze rewmmended in an effort to ensure that the Code is accurate reflects current policies and procedures. These sections aze listed in their entirety in the enclosed attachment and include Section 153.002, 153.004, 153.018, 153.053, 153.073, 153.090, 153.091, 153.097, 153.98, 153.115, 153.138, 153.148, 153.163, 153.187, 153.201, 153.203, and 153.210. Section 153.231-Board of Zoning Appeals The City of Dublin Zoning Code contains various sections that either make general references to, or outline specific procedures for, the Boazd of Zoning Appeals. In an effort to consolidate the information into one section, Section 153.231 has been modified Yo consolidate these other sections, including Section 153.092, 153.093, 153.235, 153.237 and 153.238. Tn addition to consolidating sections, Section 153.231 includes new language that attempts to address several issues. One is to codify procedures that aze currently in practice by the Boazd of Zoning Appeals but have not been formally written and adopted by the City of Dublin. The second issue is providing separate review standazds for use- variances. These changes aze listed in Section 531.231(3} and will be discussed in further detail at the October 25, 2007 meeting. SECTION II -REVIEW STANDARDS Case Procedure: Code Section 153.234 grants the City Council the ability to change or amend the text of the Zoning Code. The purpose of this discussion is to review revisions to the purpose and operations of the BZA portion of the Code. Once specific direction has been received regazding the proposed revisions, Planning will finalize the draft amendments and present them to City Council for a final consideration. SECTION III -RECOMMENDATION: Recommendation for Approval to City Council. In Planning's opinion, the proposed revisions to the operations and procedures of the Board of Zoning Appeals meet the purpose and goals outlined by the Zoning Code. Recommendation to City Council for approval is requested. GENERAL TEXT UPDATES GERBRAL PROVISIONS §153.002 DEFINITIONS Amended Text to read in full as follows: CONDITIONAL USE. A use allowed in a zoning district after a permit is granted by the f~.,~:.~~,e~~-his Pi_anning and Zoning Cormnission according to the provisions of §153.236. §153.004 APPLICATION Amended text to read In full as follows: (C)(1) Nonconforming lots. The construction of a conforming structure and/or the conduct of a permitted use shall be allowed on any lot of record which has an azea and/or lot width less than that required for such structure or permitted use in the zoning district in which the lot is located. Variance of any development standard other than minimum lot azea and/or minimum lot width shall be obtained only through action of the Boazd of Zoning Appeals in accordance with the provisions of § 153.231!Il)-?~s~;3-a:: ~?.>=~,'~ ~,~y~ ~ ;'. Such nonconforming lots must be in sepazate ownership and not of continuous frontage with other land in the same ownership on the effective date of the Zoning Ordinance. Otherwise, development shall be permitted orily in accordance with the development standards of the zoning district in which such ownership is located. ZONING DISTRICT REGULATIONS §153.018 STANDARD ZONING DISTRICT REGULATIONS Amended text to read in full as follows: (B)(3) Conditional uses. A use designated as a conditional use shall be allowed in a zoning district when such conditional use, its location, extent and method of development will not substantially alter the chazacter of the vicinity or unduly interfere with the use of adjacent lots in the manner prescribed for the zoning district. To this end the t3Etid-e° Zz,:'Na~~sczs Planning and Zoning Co?nmission shad, in addition to the development standards for the zoning district, set forth such additional requirements as will, in its judgment render the conditional use compatible with the existing and future use of adjacent lots and the vicinity. PLANNED DEVELOPMENT DISTIRCTS §153.053 PROCEDURES Amended text to read in full as follows: (G)(2}(a) Any request for a variation to the development standazds text that pertains to an individual single-family dwelling shall be reviewed as a variance according to the procedures set forth in ;=-~=~ ~ ~=,'~ ~-~.?31(1I1. GENERAL DEVELOPMENT STANDARDS §153.073 COMPREHENSIVE RESIDENTIAL AND NEIGHBORHOOD IMPROVEMENT Home Occupation Amended text to read in fnll as follows: (B)(1)(j) All automobiles used by customers shall be pazked in the driveway or along the street curb abutting the premises, unless other more satisfactory arrangements are required and approved by the fa~u-e=?~~s~ - ;~~~s ~irecior of Lane Ilse a::d i.onu Range Plannine after a public notice :__~ :_~<:wv Home occupation pazking on non- curbed streets is prohibited. No truck other than one van-type truck may be used in connection with a home occupation. If this vehicle is stored on-site, it must be enclosed by a structure so that the vehicle cannot be entered upon or seen from an adjacent lot or street. SPECIAL PERMITS §153.090'PURPOSE Amended text to read in full as follows: The purpose of this ~~~r Code is to identify land uses which require a special permit due to unique chazacteristics relative to location, design, size, operation, traffic circulation or need for public semces-ar-; -a-,ter. -- .~. -:a~ ;~~~~u--~.~ ~; ~ :. ,,: > -sz.~':-,; r-''~-:i'i^ :2~E)n :. . ~.: -x.M .~~,i '.: yrj^.C -:. .. li zAt._',:lc.. ,.tiV'}..CE§-:i$2. §153.091 SPECIAL PERMIT REQUIRED Amended text to read in full as follows: l t.e uses orovicied in ,~ i53.(l94 throe`:: 153.098 ~i~:~-*-.'::::::i;;.c:-,-:-., ~:~;;u~ ;:= ~s?:.~i-_~i=es shall no¢ be erec+.eri or used a::-i< n:.~ ~::~%r ~- ~'- ~~e-s~r~e ~. -~..V L, a;h'r:-.~. ,tn.,l..:.'^--'A": `~iu. ~.':"; ~{{t,2-.iz-F ~ _1_. ^el~-i'i-, ,.- .,~..r' '., ;~t: .;. i::c;-z - c`.;-~~ ~~:~sf~~r unless a special permit has been issued by the Board of Zoning Appeals ~n i3000z". Ct2iICe W-"1 L2 Mlle pTOCe(SUrCS 0: ~ l~'J.~ i ~v~. § 153.092 POWERS AND DUTIES OF THE BOARD OF ZONING APPEALS. Delete: :. '.-3L''~q...~.-@;?-~: T°x?' -.(3~C :-:...;r,.. .:=.3~nrz.,~ Js.. .~.. :`r4 :.''.~.... .:.~ :::f ... v:. :r. .."~P ~ :,f ~,7£.. ~, t,ric`.-1-::rz-:{S'c~~'s5`2°?-{; ;... < :r_ r'w„E. v`' ~Y^~-...'4-=; .:,t-t'.=:2'. v=-,... i?:. wd-~c..+ ~-~e.. ,<t?;.:,.'-+.r.}~.:?"sl'~.-r:-3i .1.;': `ti .t3S<e" se .i .. v~-c {: .'<, ,.;§-;.'. ~~sb ~a.<v,.e. ..~Y.',., 2, a?~ ...::i..n.. .~f~'-~''.-._ -'.,:,. ~. .a-'-rdle .:.:°.as:, .'`-w'n.;3 h..uv i2-!. c^'6.':: ~~..rr ' mi <~ .k~ .r.v -. .. c ;?:.. l-1 ...... °.- ,rv .:~.~ ~'.?E,.~, .r; u,rrn:, r.-....: ,'.:... i .:;-,.,mod?{. ,~. ._ rt~.. - 1 ~ ,:av-ccr.3 ., a:u ~a.-TET_ ~i-'?,r13C-`~_~ -..,~..r-`'t-3c. r :,ce .6cv a>t v:~ ..,. .. _..~ ~-: ~.~ ,...1, .t.:~`~ns'+'-it^~.-t.., ~. t-a~:.JrY'; „~'.,t.r,..e ~. ,. 9 Rt;=~~-Sfr. ~-cz~~ ,~~-_~..ch:'.<~-:s°i'T-c.-:.3-z'rt'„f' w;-~ . ~. ~t~ , --?'c-r-~;. .. r;'}_.£..,.4; .. ~_ to s-?: -~`:-wi.`.~., ; .b ~~..r~...?. '~E ~',3ir e .. i. .,., v.~,it.,;.3£A-1,... ~..£''fr x':}r^'i-`~'{:-.1;.bF-_ v§}Ci:..i-.v ~i. w: .., ., i, .....,. s, _.. ~,. L F:.i=rES E`-K~. ,S»':.:c -f +ly'.c:--' ~".-;~ ~c, :`-='Sl,_`}~} § 153.093 APPEALS. Delete n~ ';'-~-r-ra'a :Yic"~d'-+r- L .:vC"..af: ~-'s'..'c-°t .' s: .,? .~,i.:- ....~ ,..,~ .. ~.,,:x?1':~ ~. ,. ~_S±:;h § 153.097 PORTABLE STRUCTURES Ai~TD TEMPORARY USES Amended text to read in full as Follows: (C) Permit process. A certificate of zoning see:~~=;a=use Sian approval shall be issued to the owner of the property by the :?c.r~,3:eK~ ;- ~-ter Director of i.a d iisa znd Loris Rance pianninv or designee after approval of a special permit by the Board of Zoning Appeals for any portahle nonresidential structure. The Board of Zoning Appeals shall approve, disapprove or approve with conditions a special permit, based on a site plan and a narrative outlining the scope of use to be submitted by the applicant and owner of record of the property according to the rules of the Board of Zoning Appeals. Ln addition to the DT6VISI0r15 Of ~ ! ~~.?~ 1 1 Gl. (31 -I3 :=R~'='.--"'.=`--` `'-; <` ~;~-~?b`~--~"~="~~'~v~'~' '-`-'-'``'~ appra~ e:r the Board shall consider that the proposed structure be: § 153.098 MODEL HOMES IN RESIDENTIAL DISTRICTS Amended text to read in full as follows: (C) Permit process. A certificate of zoning ~~.~.r~ ~>=~~~ plan approval shall be issued to the owner of the property by the =F,.':e~v-':~; :i~-~ a~ Director a` Land "use and i.en~ Ran_e Ptanninu or appropriate designee after approval of a special permit by the Boazd of Zoning Appeals for a model home. The Boazd of Zoning Appeals shall approve, disapprove or approve with conditions, a special permit based on its proposed location in the Community. Li} 'd01ti0i1 to the RLOVi5fO17J LET ~ i 7.i.~ ~ l ' G i. J } .-~-:"-u ;::T~ :t= ~-" %~ ~,'= the Boazd shalt consider that the proposed model home be: SPECIAL DISTRICTS § 153.115 CORRIDOR DEVELOPMENT DISTRICT Amended text to read in full as follows: (F) Appeal. Any applicant whose application herein is not approved (matters deleted) or any applicant whose application herein is approved subject to modifications in accordance with division (E)(5} above, may appeal to the denial of the certificate of zoning e~znar~ nian annrovai to the Board of Zoning Appeals in accordance with the provisions of ~= .-~ ~ ~ 153.2 i (ri. LANDSCAPING § 153.138 VAffiANCES Amended to read in full as follows: Any landscape plan sei3 :-7:t~~e: ~~ disapproved by, either the ;'aLL i:;=> Director of Lane Use and Lona P~anee Planning or the Planning and Zoning Commission may be appealed according to the procedure provided ~-: in -J~:?r ~ iJJ.2J1 FF~ ~c~..''.az ~t.E.-.':-i~:'vi^~s-~.2.-j:'-'.'.-*.C}"r?S-P= Ei::Sir,^:~.=t-;:i^.YER-8i~-?'C,:?'r.-"r",3-`-§v i'-'ar.:::,~ ~ ~~~:'..:_ ~~:~r~~n. =~In any event Council may, upon request of any aggrieved party after the appeal as herein provided, review the decisions of the Planning and Zonine Commission or administrative officer and modify such decision in any manner not consistent with this section so as io prevent undue hardship or inconsistency. (..-<i3) i'ariarces :"~.-:;'<-~-: ~;a-? e;r_~U~:--,~:~r<=<st,>. The Board of Zoning Appeals Inav hea: i COlleSYS {0~ var? riCCS t1Qil? tiiC'. iaMISC"r.DN. ieQllffein8:?tS Of i17iS JL'CilOi7 in r aCCO CQagCe ti-L1°? inC iJPOCCCufBS 7S'G :'i3~<In l 1JJ._JI ( : _ -. hi?C'. i ~},.. n'_;.r-`~:.3r.5-V.. x,?. .,..-Cv z -, .. rsi: r..oL'-'~-`'-- L'i-p2'e,~..?.;~ :,~ ..ti-;.i _7 '.{"' „ti;3= .&:.:a: <5.s.-C,.~.~u , '1?. ~,. ~...., :E .-`- .Ir:; t..<. - ~. ~:. 7,8 ..e~- `F3i {._. .,... si.<:za,C. v. ,.... ~ rx~~ „~, .. t tirk',-iii 3 t,2 ..: 3~---t .,,., c : :~: < .:Er.zi3. ,.... ? _ ,;~'v''-~~` ~~~T4E°! .r ~ ~. ,,.. '.T.... ~;c'-.: av E`..:.t ;ir;;r.~-t .:S?. ~., _ ;-u:~., :, - . ~ .r c..::,a-:..~ ... ~ `Yiy ,,. c?w<_- ,;.,...,. cwt; ..., .wr -4. Vii,.._. .;?_ ~r:C .3 ,6,.~6: 2t:` L S .?: ., ., vim,. ~'FC't i v .Li. :: :, S.. (..< c'. YYV.~.;.'<>i4~'.- t.: u,. .'m£. ., -~. r.~a f „?a..~-iZ!_ r s:E.i ~i _:;c~> E ,~; ~~:~e. .,_~.b ~ .., u.±.z (r,C) Recording. `~'~=~ •~. ~; ~;ecisiolis oY the Board of Zoning Appeals -r~.=.:e.--~. ~eo~~sa n :-~-e }_~~=_~ z~-~ shall be forwarded to the Planning anti L6nin Commission, ;.~.:.. t,: v.. ;rc.-i<i-^ '-,t ~-Jc-'`i'. S'}:;~ ~ ,..,.. ~;. ~S-;. the Cominurity Services :~di isorv Ca~~ui?ission, the Division of Building Standards, and the Clerk of Council's office and properly described in the committee's minutes. TREE PRESERVATI0IV § 153.148 APPEALS Amended text to read in full as follows: Any aggrieved property owners may appeal in writing to the Board of Zoning Appeals any decision made by the city staff under the provisions of T~l~r?rr S 153.23I E<~. ~=~: ~'E*. :'re^ci~-~'e:ti-3i?~--::tG :` :-.'.`cC0?sE c:?c°-^c~ai=:-li-:.-i-.~ SIGNS § 153.163 A$ANDONED SIGNS Amended text to read in full as follows: (B~ 1 fle ~ffeCiOr Of land iiSC aIICl LO'1R ,Za"1LFe z'iP.F1ILn~ Stlatl CieternlIIle bFl:eiiler 8 S?~y i7 sl'iall (1e COn52dered al3andOned.:'` c~O~OC., 5 ' , S: e `.'i"18%i;~a u'=:e E-x C,-; ;: <'h',2vi-;-~t~i~i- S@s`i*~- x,;..:. C C. tS-Y;.E?: i2z:=.<N ': ..r-il::t?;'<:5-J~~?r-~- .;.-i6'ri^:::° i'in'-"Cu r~r,=ccai~-c-,, j.;,:"=rr.. JEiliil? ~r r?.:.>rYS'r:,tG;-i-a.-~-fiE :; i. r:° ~f-.t~'r=tit* ?-`t,°, ~;,~;~;;.; ~.e~u ~ ~,~_,~ , ,,;<!~~ !~ x,<X a,,~c :=, Upon determination that the sign is abandoned, the right to maintain and use such sign shall terminate immediateiy and the v~-~ • ^ ~-~is;=~~-< Direceor of Land lise and L~~ua Ranee PlalrniL~ or designee shall issue an order for the sign to be removed within I S days by the property owner. Any abandoned sign still standing after 15 days following an order for removal maybe removed by the '~, ~. ~ z ~:~~ =~~n~ t< ~ti=;~"~~-~itv.Ifthepropertyowner refuses to pay for removal of the sign, the cost of such removal, as determined by City Council, will be added to the owner's tax records. ARCHITECTURAL REVIEW § 153.187 APPEALS Amended text to read in full as follows: (A) Any applicant aggrieved by a decision of the Board may appeal the decision to the Board of Zoning Appeals u-Sder the provisions of 1~3-232 (F'~. ~,~=a~a=:-~~^ ~~='= §-L- ''' .".`.° ,':." r ..:.-l ....,.iL..ir.' rts.~ -'x'y, '.4 ~r`--!-•,.~. `.:~x ,...•-: .:-- C t' N'. y 7 :..~G ~c.,v'xr.:.' .,; et'?E ~c%:.. -J=`~'~ri^ii-x i~x,;r ~ ....... ~~i-eY r-ri ..i°.`.tc',....~ 3'.,° ,~, v. 2.r~... -;-:tL: .S~;zE:-Er`-r~.i~<.:w '' ~~:ttCr..~ i-':.,; .i.~., e.t`-6~E^::~-,°~.x ~: ..1:, ~~ c4 ~ ~t,,~ : "-e~'?i1-1 ~l~c;i~~r~;s-s~-=~-=-e-s~ In the event that the Board of Zoning Appeals does not affirm the decision of the Board, it may reverse, remand or modify such decisSOn of the Board and shall state the reasons therefore in the minutes of its meetings and shall forward a copy of such minutes to the Board. OFF-STREET PARKING AND LOADING § 153.201 INTERPRETATION AND CALCULATION Amend to read in fuB as follows: (A) Parking and loading spaces for uses not specifically provided for in this e~~,:e= erode shall be determined by ~i~er;,-,y' ~~r:y-~~.}aa'= ~-<;~; ~.~~;~eat-r=e::;-;; 3.e.gix.}{?; _:a^~'._ z;!rci'2.i?~;~~ci'r~."°'. l~ii eCTC:' Oi Land ~Se aIld iOnE i~an~E nlann:n~. _ (B) Each separate use shall meet its own specific requirements as set forth in this ~- -~~e: Uede or as determined by the rv~:? Director of Land vse and ~ anU itanee Planrin~ if not set forth herein. For mixed uses, the Yotal sum of the parking and loading spaces shall be the sum of all the requirements for each separate permitted, accessory or conditional use. § 153.203 JOINT USES Amended text to read in full as follows: (A) All off-street parking and loading spaces shall be located on the same lot as the use to be served, except the owners of two or more separate uses may establish a joint pazking azea to provide the total number of required off-street parking and loading spaces for all such combined uses, subject to approval of the ~~ir-e-a -Zf=ri'rYr.,~.""-"..-,.~=~•..~rS l~l?'CCiCr 6~ 7_'2.fl:2 is SC' aIIQ LOnL iZftl7 ~C' nlh:}IIIP ~~. SllUi=Ci e:."r',.i. t0 such conditions as he.%she may :moose ~: ~-',YY:~~. § 153.210 DRIVEWAYS Amended text to read in full as follows: (D) Exceptions to divisions (B) and (C) above require review and approval by the Director of Land Use and Long Range Planning of the Planning Department or designee(s). 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Iti<?:z' Ye-:,,..~U i ,@.r:i§:e'?_6ty _~~~~Z S _~ ~`.,-.~l tr.`rv.lek-i,l3r ;=:»=£^=-1z}'S`it'L «'~r~t->LFJr'-,'.' ~?}'-L4: z ~'r~ '~^~, ._'[ij»r- _.i'+`~`t „:° i.',s; i -i'r~3 ~. ,EL~EEi(." )i:-^st3v'~x*fi3L n$E's . i"--:i.. <Ar`-n^ i-:-r^ait~_ ,. 1.~i-_li..~c~~v-"~':'3-IJ~`fi-'ti..itii2£^c:, h- z^~.. '?-':%'~ i~. rce}ii.-c`.. '^. C?; ti^, a "° :': 3+?rs-'}~-,.~ e'lEt;-3. ce r,{:3:x47':s'Eii ~. ;i3z'r--3x [a, ~i:i..~.-_ ~~:;,;_-. £L' .3>h'-. ',°?z.~~==1 ::l°-~~'-'~' ~'vt °~'c43.:;.°-~ '-l~,^viz?3s:c25: Replace text to read in full as foIlows: (A) Purpose. In order that Fne objectives of this Code may be more fatly and equitably achieved, that there shall be provided a means of competent interpretation of this Cade, that adequate but controlled flexibility be provided in the application of this Chapter, that the health, safety, and welfare of the public be secured, and that justice be done, there is hereby established a Board of Zoning Appeals. {B) Organization and membership. (1) The Board of Zoning Appeals shall consist of ~ electors of the City who shall serve overiappingthree-year tears appointed by City Council. Council shall make ail reasonable efforts to appoint aY least one member of the Board of Zoning Appeals with qualifying experience andtor training pertaining to residential construction, such as persons trained in mechanicaUstructural engineering, building, architecture and the like. {2} The Boazd shall organize and adopt rules for its operation. (3) Meetings of the Boazd shall be held at the call of the chairperson and at such other times as the Board determines. All meetings of the Board of Zoning Appeals shall be open to the public. The proceedings, showing the vate of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and ather official actions, all of which shall be immediately filed in the office of Council and be a public record. (C) Powers and duties. The Boazd of Zoning Appeals shall carry aut the following powers and duties as provided in this Section: (1) Administrative appeals from any person or any governmental department affected or aggrieved, or to review any order, requirement, decision or deteanination where it is alleged by the appellant that there is error or misinterpretation in any order, requirement, decision, grant or refusal made by an administrative afficial ar body charged with the enforcement and administration of this Code. (2) Special permit. To authorize only special permits as provided under this Code. {3) Variances. Where tr9ere are practical difficulfies (non-use variances) or unnecessary i~ardships (use variances) preventing a property owner from conforming with the strict requirements of this Code, the Board of Zoning Appeals shall have the power to authorize variances from the recuirements of this Code. (4) Building construction aapeals for the Dublin Division of Building Standazds. (5) Stream Corridor Protection Zone Appeals for the Dublin Engineering Division. (6) Decisions related to nonconfomuties, as provided in § 153.004 APPLICATION, (C) (7) The Board may also make advisory recommendations to Council and the Planning and Zoning Commission confeming zoning matters. (8) The Board shall exercise any other powers, duties, and functions as provided by Council. (D) Applications and hearings (I) Applioations. A complete application to the Board of Zoning Appeals shall be submitted to Land Use c~ Long Range Planning. To be considered carnplete the application shall consist of submission of a fee as established by City Council, a completed application er, a form provided by the Ci±y; and dimensioned site plans drawn to an appropriate sczle, clearly showing the following items, urless waived by the Director of Land Lise and Long Range Planning: (a} Legal description of the property. (b} The boundaries and dimensions of the lot. (e} The size and location of existing and proposed structures, accessways, walks, off-street parking and loading spaces and landscaping. (d) The proposed use of all parts of the lot and structures. (e} The use of land and location of structures within 100 feet or: adjacent property. (f} For non-use variances, the area subject to tl;e application shaIl be clearly mazked. (g) Any other information that the Board of Zoning Appeals deems necessary to make a decision on the application. (2) Hearings. Upon receipt of a complete application the City shad cause notices stating the time, place and subject of the hearing to be served personally or by mail addressed to the parties submitting the application, and to those persons residing within 150 feet of the property which is the subject of the application. All notices shall be sent to the addresses listed in the last assessment roll. Notices shall be sent at least ten days prior to the date of the scheduled hearing. (3) The Chair may administer oaths, and the Board of Zoning Appeals may compel the attendance of witnesses. Applications without representation during the hearing either in person or by agent shall be tabled without fur`iher action. Failure to appear for more titan Ywo meetings shall be considered a request for the application to be withdrawn. A new application shall then be required for any further consideration. (E} Decisions (1) Actions of the Board of Zoning Appeals. During or within a reasonable time following a public hearing, the Board of Zoning Appeals shall approve, approve with modifications, or disapprove an application. {2} Conditions. {a} Lz making any decision provided for in this Seciion, the Board may attach any conditions regarding the Iocation; character and other featc:res of the application as it may deem reasonable to ensure that applicable standards of review for the decision are met. {b} Conditions attached may include, but not be restricted to, limitations on the extent or intensity of development, screening, lighting, coniroi of access or other conditions of development as maybe required. Conditions attached shall be stated in the motion far approval, including the reasons for each condition imposed. {3} Any decision of the Boazd shall not become a final appealable order until minutes of the meeting at ,vhich final action on the request was taken are offtcially approved and adopted by the Board of Zoning Appeals, unless the Board shall find the immediate effect is necessary for the preservation of rights or that public safety be maintained and shall so certify on the record. (4) The decisior. of the Board of Zoning Appeals shalt be final; however, any person having an interest affected by any such decision shall have the right of appeal to a court of competent jurisdiction on questions of law and fact, provided that the appeal is fated within the time required by the applicable statutes and court rules of the State of Ohio. {5} ieo application for action by the Board which has been disapproved shall be resubmitted for a period of one year from the date of disapproval, except as may be permitted by the Director of Land Use and Long Range Planning upon submission of new and significant facts or conditions which might result in favorable action upon resubmittal. {6) Each decision entered under the provisions of this Code shoal become null and void unless the construction or other action authorized by such decision has been started within one yeaz after the decision was made and is being carried forward to completion or occupancy of land, premises, or buildings. {7} The Board may grant a single six-month extension of the approval, provided the applicant requests the extension prior to the date of the expiration of the approval. The extension shall he approved if the applicant presents reasonable evidence to the effect that the development has encountered unforeseen difficulties ueyond the control of the applicant, and the project will proceed within tine extension period. {8} The breach of any condition or requirement shall ire considered a ti~iolation of the Board's action. `£he Board, after notice to the property owner and a public hearing held in the same manner as the original approval, shall 'nave the authority to revoke, modify, or attach additiorai con~?itions to any approval. granied if the applicant fails to comply widz any of the applicable requirements in this Code or any amdit~on attached to the approval. {F) Administrative Appeal to the Board of Zoning Appeals {I) An appeal maybe taken from any person or any governmental department affected or aggrieved, and review any order, requirement, decision or detennination where it is alleged by the appellant that there is error or misinterpretation in any order, requirement, decision, grant or refusal made by an administrative official or body chazged with. the enforcement and admil-ustration of this Code. {2) Appeals shall betaken within 20 days after the decision by filing with the officer from whom the appeal is taken and with the Board of Zoning Appeals, a notice of appeal, specifying the grounds. T'iie of Facer from whom the appeal is taken shall transmit to the Board of Zoning Appeals all the papers constituting the record upon which the action was taken. {3) An appeal shall stay ail proceedings in fur'~herance of the action appealed from unless the Director of Land Use and Long Range Planning certifies to the Board, after notice of appeal has been filed, that, due to the facts stated in the certificate, a stay would cause imminent peril to life or property. In this case, the proceedings shall not be stayed other than by a restraining order, which maybe granted by a court of record. (~) In deciding the appeal, the Board shall determine whether or not the decision that was made was done so using the proper requirements and standards in this Code. The decision of the Board is limited to the information that was available to the administrative official or body who made the decision being appealed. Additional testimony is not appropriate. {5) After a determination Yhat the administrative afficial or body making the decision did so improperly, the Board may reverse or affirm, wholly or partly, or may modify, the order, requirement, decision or determination appealed from, and may make an order, requirement, decision or determination as ought to be made, and to that end shalt have all the powers of fire administrative official or body from whom the appeal ~a~as taken. (G) Special Peanits {1) Nature of special permit. Due to unique characteristics relative to location, design, size, operation, traffic circulation or need for public services, several specific uses have been identified which require supplemental criteria and review Yo substantiate 4hat the use is appropriate for the proposed location. (2) The requirements of this Section are in addition to those imposed by § 153.090 to 253.098. {3) Standard of review. In reviewing an application for a special permit, the Board of Zoning Appeals shall consider the following: (a} Whether the proposed use meets the applicable requirements established by this Code; {b) Whether the proposed use is compatible with the existing land use and the general development and character of the neighborhood; and {c) Whether the use can be developed and maintained without substantially impairing the general purpose and intent of the zoning district in which the use is proposed to be located. (4} Any applicant who is denied a special permit by the Board of Zoning Appeals may appeal the denial to the City Council. (H) Variances. (1 } I~'ature of variance. On a particular property extraordinary circumstances may exist, making a strict enforcement of the applicable development requirements of this Code unreasonable, and therefore, the variance procedure is provided to allow the flexibility necessary to adapt to changed or unusual conditions that meet the standards of review for variances. (2) Non-lise (I3imensioral) Variances: upon application; the Board of Zoning Appeals shall only approve a request far anon-use variance only in cases where there is evidence of practical difficulty present on the properly in the official record of the hearing and a finding is made that all of the following standards of review are met: (a} That special conditions and circumstances exist which are peculiar to the Land or structure involved and which are net applicable to other lands or structures ui the same zoning district whereby the literal enforcement of the requirements of this Code would involve practical difficulties. Special conditions or circumstances may include: 1. exceptional narrowness, shallowness or shape of a specific praperty an the effective date of this Code or amendment; or 2. by reason of exceptional topographic ar environmental conditions or other extraordinary situation on the land, building or structure; er .,. by reason of the use ar development of the property immediately adjoining the property in question. (b) That a literal interpretation of the provisions of the Zoning Code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this Code. (c) That the variance is not necess=stated because of any action or inaction of the applicant. (d} That granting the variance requested will not confer on the applicant any special privilege that is denied by this Code to other lands or structures in the same zoning district. (e) The variance r~uest is not one vrhere the specific conditions pertaining to the property are so general or recurrent in nature as to make the formulation of a general regulation for those conditions reasonably practicable. (f) Granting the variance will not cause a substantial adverse effect to property or improvements in the vicinity or will not materially impair the intent and purposes of the requirement being varied or of this Code. (3} Use Variances: Final approval of a use variance shall be granted by The City Council, following review of the findings of the Board of Zoning Appeals. Upon application, the Board of Zoning Appeals shall only recommend to the City Council approval of a request for a use variance only in cases where there is evidence of an unnecessary hazdship imposed on the property in the ofP.cial record of the hearing and a finding is made that aI1 of the following standards of review are met: (a) That there are unnecessary hardships in the way of carrying out the strict letter of these regulations which are caused by exceptional or extraordinary circumstances or conditions applying to the property involved, or to the intended use of the property, that do not generally apply to other property or uses in the vicinity in the same zo:ung district. Exceptional or extraordinary circumstances or conditions include: {1} exceptional narrowness, shaIlowness or shape of a specific property on the effective date of this chapter; (2} exceptional topographic conditions; (3} by reason of the use or development of the property immediately adjoining the property in question; or {4} any other physical situation on the land, building or structure deemed by the Board of Appeals to be extraordinary. (b} That the proposed use will not alter the essential character of or be detrimental to adjacent property and the surrounding neighborhood. (c} That the building, structure, or land cannot reasonably be used for a use allowed in the zone district in which it is located. {d) That the variance is not necessitated because of any action or inaction of the applicant. {I} Building construction appeals for the Division of Building Standards. {l} The Boazd shall hear alI appeals not related to the :lhio Building Code or other statewide Code regulated by the Board of Building Standazds; namely, one, two and three-family residential dwellings within the city Iimits, or as provided in Section 11 1.1 in the Property i~iaintenance Code of the City of Dublin. {2} If the Director of Building Standards denies a contractor's application for registration, suspends or revokes a contractor's registration certificate, or denies renewal of a registration certificate, the contractor shall have the right to appeal to the Board of Zoning appeals. The contractor shall submit a notice of appeal to the Board of Zoning Appeals vrthin 5ve days from the receipt of the order of the Director of Building Standards. The decision of the Board of Toning Appeals shall be final. (3) An appeal shall be heard in accordance with the previsions of this Section. (3) Stream Corridor Protection Zone Appeals for the Dublin Engineering Division. (1) Apgeais are only permitted with respect to decisions by the City Engineer regarding prohibited uses and facilities (§ 53.220 and 53:L30), or rulings regarding modification ofnon-conforming structures (§ 53.240). (2) Ar. appeal shall be heard in accordance with the provisions of this Section. (3) Should the decision of the City Engineer be reversed or modified, the Board of Zoning Appeals may prescribe appropriafie conditions and safeguards to maintain the intent and spirit of Chapter 53 of the Dublin Code of C3rdinances. REPEALS: I53.235 Procedure for administrative appeal 153.237 Procedure for variance i 53.238 Procedure for authorizing a special permit 10 e 3~ BOARD OF ZONING APPEALS ~ BOARD ORDER r ' APRIL 24, 2008 ..... CiP C~;1.,. Land Use and long Range Planning 5800 Shier-Rings Raad Dublin, Ohio43016-1236 Phone: 614-4104600 Fox: fi14~410-4147 Web Site: wmx.dublin.oh.os The Boazd of Zoning Appeals took the following action at this meeting: 2. Code Amendments-Board of Zoning Appeals Code Amendments 07-lOZADM Proposal: Text modifications to various sections of the City of Dublin Zoning Code related to the general purpose, duties and operations of the Boazd of Zoning Appeals. Request: Review and approval of text modifications, related to the Boazd of Zoning Appeals, which will be forwazded to the City of Dublin Council. Applicant: Jane S. Brautigam, City Manager, City of Dublin. Planning Contact: Tammy Noble-Flading, Senior Planner. Contact Information: (614) 410-4649, tfiading@dublin.oh.us. MOTION: Sean Cotter made a motion, seconded by Keith Blosser, to support the proposed Code modifications and forward a positive recommendation to City Council. VOTE: 5 - 0. RESULT: The Code Amendments application was approved. RECORDED VOTES: Drew Skillman Yes Bangalore Shankar Yes Keith Blosser Yes Sean Cotter Yes Victoria Newell Yes STAFF CFy3~TLzICATION / j / . .j(l,~~f/ / ~~ ! /~,..i.fN Tammy Noble-Flading r' Senior Planner Dublin Board of Zoning Appeals DRAFT Apri124, 2008 -Minutes Page 12 of 13 2. Code Amendments -Board of Zoning Appeals Code Amendments 07-102ADM Tammy Noble-Flading presented this Administrative Request for review and a recommendation of approval to City Council to amend various sections of the Dublin Zoning Code related to the general purpose and operations of the Board of Zoning Appeals. She said in Planning's opinion, the proposed modifications meet the purpose and goals outlined by the Zoning Code and recommendations of the City Law Director. Ms. Noble-Flading said this particular subject matter deals with area variances. She explained that the current Code states that all the criteria need to be met in order for the Board to recommend approval of a variance application. She said a decision made by the Supreme Court (Duncan v. Village of Middlefield) stated that the standard is too burdensome for an application and that applications can be approved based on a majority of standards being met. She said the standards for use variances would remain the same. She presented three standards within the proposed Code modification that must be met: 1) That special conditions and circumstances apply to the property; 2) That the practical difficulty is not self-created; and 3) That there is no adverse affect or the intent and purpose of the regulations is not impaired by the approval of the variance. Ms. Noble-Flading further explained that in addition, two of the four following standards must be met: 1) That substantial justice is obtained; or 2) That the applicant is not deprived of rights that are guaranteed to others in similar circumstances and district; or 3) That there is no adverse affect on delivery of services, so the City's services aze not impacted in any way; or 4) That the practical difficulty could be relieved by some other method that could follow the Code. Ms. Noble-Flading said this proposed Code amendment was reviewed and approval was recommended by the Planning and Zoning Commission on April 10, 2008 as presented. She said Planning recommends that the Board support these proposed amendments. Keith Blosser said the proposed criteria have been adopted by most cities in Ohio and if approved by Council, the Boazd would use the proposed criteria to make future decisions. He pointed out that the Board will have to be cazeful not to use past precedences set for decisions they make. Bangalore Shankar said ]re liked that this proposed Code would provide more flexibility in their decisions. He added that the structure of the Planning Reports which outlines the criteria met and not met was appreciated. Drew Skillman complimented Planning for constantly working on updating the Code. . Motion and Vote Mr. Cotter made a motion, seconded by Mr. Blosser to support the proposed Code modifications and forward a positive recommendation to City Council. The vote was as follows: Ms. Newell, yes; Mr. Shankar, yes; Mr. Skillman, yes; Mr. Blosser, yes; and Mr. Cotter, yes. (Approved 5 - 0.) ~3e n ~' <_ k` /jP t i ~, i.'.~~ ^.' fjL L.Li:.. land Use and long Range Pknning 5800 Shier-Rings Road Dublin, Ohio 43016-1236 Phone: 6t-0~430~4600 Fos 614-410-4747 Web Sile: wwn.duhlin.oh.us PLANNING REPORT BOARD OF ZONING APPEALS APRIL 24, 2008 SECTION I -CASE INFORMATION: 2. Code Amendments-Board of Zoning Appeals Code Amendments 07-102ADM Proposal: Text modifications to various sections of the City of Dublin Zoning Code related to the general purpose, duties and operations of the Board of Zoning Appeals. Request: Review and approval of text modifications, related to the Board of Zoning Appeals, which will be forwarded to the City of Dublin Council. Applicant: Jane S. Brautigam, City Manager, City of Dublin. Planning Contact: Tammy Noble-Flading, Senior Planner. Contact Information: (614) 410-4649, tflading@dublin.oh.us. Update Last November Land Use and Long Range Planning proposed Code modifications to various sections of the Dublin Zoning Code that relate to the Boazd of Zoning Appeals. The Law Director reviewed the proposed Code amendment and requested that an additional modification be made to provisions regazding variances. The comments made by the Law Director are based on a State Supreme Court ruling that addressed review standards that must be met in non-use, or area, variances. This case, Duncan v Village of Middlefield, in effect stated that not all standards can be required to be met for approval of an azea variance. Cunently, the City requires that all of the standazds for an area variance be met. Case Summary: Land Use & Long Range Planning has been reviewing the need for revisions to various development related codes. Many of these code sections have not been updated since their initial adoption, which, in some cases, was over 10 years ago. Some aze relatively minor revisions while others will be more extensive. Boazd of Zoning Appeals Planning RepoiY - Apri124, 2008 Case No. 07-102ADM -Page 2 of 3 Planning has consolidated regulations applicable to the Boazd of Zoning Appeals and added provisions to update the Code to reflect current requirements, which will also eliminate some conflicting language regazding conditional use approvals. Case Process: These proposed revisions applicable to the operations of the Board of Zoning Appeals require review and approval by the BZA, followed by review and approval by the Planning and Zoning Commission. Subsequently, the proposed revisions and any recommendations will be brought to City Council for final consideration. Sections: Attached is a draft of the proposed modifications. The following is a summary of the issues Planning has identified for potential revisions of the current BZA operations and procedures based on the type of revisions that are proposed. General Text Updates Several sections of the Code aze being revised in order to accurately reflect applicable code sections that over time have either been changed and/or were omitted as a result of previous Code amendments. Other changes revise various sections of the Code to reflect procedural requirements for issues that should either be reviewed administratively by the Director of Land Use and Long Range Planning or other bodies. These revisions aze recommended in an effort to ensure that the Code is accurate and properly reflects current policies and procedures. These sections aze listed in their entirety in the enclosed attachment and include Section 153.002, 153.004, 153.018, 153.053, 153.073, 153.090, 153.091, 153.097, 153.98, 153.115, 153.138, 153.148, 153.163, 153.187, 153.201, 153.203, and 153.210. Section 153.231-Board ofZoning.4ppeals The City of Dublin Zoning Code contains various sections that either make general references to or outline specific procedures for the Boazd of Zoning Appeals. In an effort to consolidate the information into one section, Section 153.231 has been modified to consolidate these other sections, including Section 153.092, 153.093, 153.235, 153.237 and 153.238. In addition to consolidating sections, Section 153.231 includes new language that attempts to address several issues. One is to codify procedures that are currently in practice by the Board of Zoning Appeals but have not been formally written and adopted by the City of Dublin. The second issue is providing sepazate review standards for use-variances. SECTION II -REVIEW STANDARDS: Case Procedure: Code Section 153.234 grants the City Council. the ability to change or amend the text of the Zoning Code. The purpose of this discussion is to review revisions to the purpose and operations of the BZA portion of the Code. Once specific direction has been received regarding the Board of Zoning Appeals Planning Report - Apri124, 2008 Case No. 0~-102ADM -Page 3 of 3 proposed revisions, Planning will finalize the draft amendments and present them to the Planning and Zoning Commission for a recommendation to City Council. While the Zoning Code does not specifically call for the language to be reviewed by the Boazd, Planning felt that it was appropriate and useful for the BZA to have the opportunity to comment on these proposed changes prior to submission into the required amendment process. SECTION III -RECOMMENDATION: In Planning's opinion, the proposed revisions to the operations and procedures of the Boazd of Zoning Appeals meet the purpose and goals outlined by the Zoning Code and recommendations of the City Law Director. Planning recommends that the Boazd recommend approval of the proposed changes to City Council. PROPOSED CODE LANGUAGE ADMINISTRATIONAND ENFORCEMENT § 153.231(H)(1) THE BOARD OF ZONING APPEALS (H) Variances. (1) Nature of variance. On a particular property extraordinary circumstances may exist, making a strict enforcement of the applicable deveiopment requirements of this Code unreasonable, and therefore, the variance procedure is provided to allow the flexibility necessary to adapt to changed or unusuai conditions that meet the standards of review for variances. _:~: ~ •....~ t~_ ~ '" ~~:; ~, '_ ----~ ~,,.u , ~,... ~,~. :.._,~_ ~~ -_ art- ~=a ~-,u.:: ~ ~._.. ,... ~~~ti-~ ,. -. ~ ... _ ;~~ ,.- ~.,;. ~,~.L_... w _ ~ - .. 0'7-102ADM Board of Zoning Appeals Code Amendment r E~ s ~ ..E~- ~ . r ..-~~t, ;:-. ; ~,..., w.... , . ,.. .. des: t.:.,~,;~--~ ,~.;; .:;-~a -. .. ~~ a _.. :.,,.. .... ........... f t c ... ., i~r.--: ..,., ::4s ,,,~. C.. ~ :: .: - , . ="-4,.,....... .. ... ,, ,:......:C. /` a~ (~~ ~O -VSe (Arec`~j VaT1aY'<CtS: L%Cit a77.'iCaei Cii.. f[te i3Cait1 Ci zO;llil`c ,•~.t,pe?.1S Shai; Oiil\' aUproVe a rCO ueS( IOi" & IlCSI-USC Y 7 inilCC On! j' ;L C2Sz:5 w 1erC iCT°_ e\'iGei:CC O uraciiCZi -.i C':i1fy JTeSCrai 4%. 'ii18 Dr O'.TC,'' Sl: the J~F~Cifi1 Tv'.COT~ O fhe hCa^:IlE a"iQ ihai iE =ii.1?1~S r20 tit?wd ii: ~2~ 3Cs bj i'a+ie ~=e ;' SatiS2ieG 4i%i?il reSBeCi f0 the .`01~01`iina 5°~-SOi2rGl5 O: TCi':C~Fr: ':,3j hflt 31 :,rr!eC fC10'vL:71~~ P.O~.ii:n5 3;~ „lauE. nai SpeC;af C4n::lf;0?IS flR0 L'iTC';imSfdnCeS CXiS2 V/hiGil ai'e peculiar ?e the 1;^_i==~ ar s::-,;ctnre in.`olved any t~+hic;; a,e no DC1iC2C:ie i0 6211eT 'ai1GS OT Sfi 0Ci17CS i:? the S?~'1C "LOiliil~ C11StRCf i'oheTel3ti tie LteT al Gi:tOrCC:ne2: 0 `1.e?°quirCiile^.iS ., :his Chapter v,-enid itr.e'.-ve practicai ciificuliies. J~eciai COP.Cll u.On~ 4: CIA CLZiIStaiICC~ ?iay ~~ Cil:ue. , ~?. 'CXCC;pliOR I Ila;?Ol"v IICiS, Sl"iali0viil°SS OL 5;12~C O u SpeCi¢iC proJ~°,:`•'~ O :h°. eiieCh;'e ~aie Oi [11IS Chaptei or an.ere:,:ert; or 5. by Teaso A of ex: epraaal tepea*apllic or ,°.R'virCIlMe2ifai CORLaiiiiOIlS Or O'712r eXYTaOr~ilriar`~ siEuafien oil the iarc. bt:iidin<_T o? stTUCblre; or 6. by rezso~ o` sae nse O_ deg-elopA~ v t of the ,Trope, ~y immecia2ely auozning file property i=; cues?ion. '. ~l'iZat file i`vRai1CC'. iS r:ef ?IcCeS5liaie ' CCCauSe CA au;; aCt10i; or inaction of Y';e applicant. v':anTing i';e tiitc22Ce t^ ill il0i CallSe e SRtTSi2P.tia aii~'CrSf e?e ~ to pTOperty CT ,mcro~.`emeri; iil the vicirify oT v:;l'i il0i IDaie*:,ally irZ"iC"uir the IiiseDt 3:1'~ piii~705e5 Of file i °~3,tiii eilleni heiil~? rat CL'i Oi Oi hSS ~i12~,C;. 07-102ADM Board of Zoning Appeals Code Amendment of !:at at leas, tc~~o of the roi?otivirg firdirgs aie mzde: 1. i nat a iiterat intemretation of ~1re provissor~s of t<he Zoning i:cdc wo~.Ild r,ot confer on file appicznt any speezal p: iviiege or deprive the applicari of rig'rts conr__oni j~ en7D; va iJy OLfIir ~D16perYt?eS Zz 2f?e Sw':L' Z^vt 2ia~ }IStr7Ct antler the terns of this Chapter. .,. the Va:?anCe re`J~i3eSt is not OTEe WY!ere iS?L' Sp eCI ~C ccndiiians perfainirg to the propeYiy a:e so generat or _ecn_~ent in nac.;re as io rzzlte t7e fornuiation afa general re~iation :or those conditions reasonab?y practicah?e. ,. ine vzriaice woald not adversely affect 11e delivery of ~evern.--Ien2a1 sew,°ices (e.g., water, sewer, garoae;; 4. ~. P.e practical CIff2C'.lity CCiiiG~ i?e ef2r11?rated fJ`j Same ac^,t3er ~_.eihed. even if the solution is Tess CO.^.Verie.if or most cosily to a~ ;eve. 07-1Q2ADM Board of Zoning Appeals Code Amendment Boazd of Zoning Appeals Minutes -October 25, 200? Page 2 of 4 1. Code Amendments-Board of Zoning Agpeals Code Amendments 0~-lOZADM Tammy Noble-Flading presented the Code Amendments and stated that the amendments aze direcfly related to roles and responsibilities of the Boazd of Zoning Appeals. Planning is presenting the amendments to the Boazd and any comments would be forwazded to the Planning and Zoning Commission on November 15, 2007. She said the entire Code, as it related to the Boazd of Zoning Appeals, was reviewed by Planning with the exclusive purpose to take any sections that referred to the Boazd of Zoning Appeals and wmpile them into one section of the Code. She stated that most of the modifications are clerical or administrative in nature. Mr. Ferezan asked how many years it had been since the Code had been reviewed. Mr. Gundem7an said in the six years he had been with the City, he could not remember anything about the Boazd being changed or updated in the Code. Mr. Skillman noted that he had only found verbiage changes that were needed in the Code. Mr. Ferezan confirmed that the purpose of the Board of Zoning Appeals had not changed. Ms. Noble-Flading said there were sections in the Code that had been changed to reference the Director, but in those instances, those processes aze already being reviewed, and approved, administratively. Mr. Blosser said that applicants rely on Planning to assist in the process and to offer suggestions and avenues to compromise. He said he knew Planning worked hazd to not have an application wme before the Boazd and he appreciated it. He said he thought the revisions were good and wmprehensive. Mr. Ferezan suggested that the Boazd ask specific questions rather than having Ms. Noble- Flading review the changes to each section of the Code. Mr. Blosser noted that on Page 4, Section 153.090, an `e' was missing in the word `Purpose'. Mr. Blosser, Mr. Skillman and Mr. Shankar did not have any questions on this Code section. Ms. Noble-Flading pointed out that the most significant modifications were proposed in Section 153.231. She said the idea was that alt the current sections that refer to the Board of Zoning Appeals have been compiled in this chapter of the Zoning Code. She said that a Purpose Statement was added that included a general description of the Boazd including how many members were appointed to the Board and the length of their terms. Mr. Blosser suggested in (C) (2) Special permit' that the words `required by' be replaced with `provided under'. Mr. Blosser pointed out that there were two sections labeled (D) (i) (f), and the second one should be a (g) instead. Ms. Noble-Flading said she did make that notation. Mr. Blosser commented on (D)(3) and said he liked the wording and it was very well done and thought out which helped to clarify. Board of Zoning Appeals Minutes -October 25, 2007 Page 3 of 4 Mr. Blosser suggested that on (E) Decisions. (1) Actions of the Board of Zoning Appeals read: During, or within a reasonable time following a public hearing. Mr. Blosser referred to (E) (3), and suggested it read: "Any decision of the Board shall not become a final City record until minutes of the meeting, at which final action on the request was taken are officially approved and adopted by the Board of Zoning Appeals,...". Mr. Blosser said then, after the Board votes, it is a final action, and then later the Boazd is ratifying the minutes of that action, but it would allow Planning to act on what they had done so that there is no delay for the home owner or developer. He said that would also remove the need to bring to the Boazd's attention for a sepazate action, if there was any kind of hardship created. He said it would streamline it. Ms. Noble-Flading said Planning had discussed this in Beat length, and aze still discussing it with the Legal Department. She suggested that Mr. Blosser's proposal could be forwazded to the Legal Department for consideration and the outcome of the discussion would be presented to the Planning and Zoning commission. Ms. Noble-Flading clarified that Sections (E) (6 through 8) were all language to help with enforcement measures. Mr. Blosser said he had no questions about them and thought they were very good. Mr. Skillman asked if on Page 6, Section (F)(2) should read 30 days and not 20 days. Ms. Noble-Flading said this section was referring to administrative appeals that home owners/ developers are appealing a decision of the staff, to the BZA. The 30 days was referring to appeals of a BZA decision, that would be referred to the Court of Common Pleas. Mr. Blosser said as a matter of clarification, he suggested instead of saying Administrative Appeal, saying Administrative Appeal to the Board of Zoning Appeals, to clarify the type of appeal process, that is being referenced in the section. Mr. Blosser said he had no questions regarding the proposed language on Page 9. Ms. Noble-Flading refer-ed to Section (I) Appeals from the Building Code Standards and said currently, there is no review criteria for appeals to the Building Code Standards. She said the Building Code adopted by the City of Dublin does have language in its Code, but Planning is trying to incorporate some language in the Zoning Code. She stated that Planning is still working with both the Building Department and the Legal Department and additional language would be added, prior to the Planning and Zoning Commission. She stated that Planning would also present the information to the Board of Zoning Appeals, once approved. Board of Zoning Appeals Minutes -October 25, 2007 Page 4 of 4 Motion and Vote Keith Blosser made a motion, seconded by Drew Skillman, to approve these Code Amendments with the recommendations, asdiscussed. The vote was as follows: Mr. Ferezan, yes; Mr. Shankaz, yes; Mr. Skillman, yes; and Mr. Blosser, yes. (Approved 4 - 0.) The meeting was adjourned at 8:22 p.m. Respectfully submitted, Flora Rogers and Libby Fazley Administrative Assistants BOARD OF ZONING APPEALS BOARD ORDER OCTOBER 25; 2007 CITY OF DUBLIN. land Ute and tong Range Plaaaing ' SROO Shier-Rings Road _ Dublin, Ohio 43016-7136 Phone: 614.410-0500 Fac 514.470-0)4l - Web Site: wau.dublin.oh.as The Board of Zoning Appeals took the following action at this meeting: Code Amendments 1. Code Amendments-Board of Zoning Appeals 07-102ADM Proposal: Text modifications to various sections of the City of Dublin Zoning Code related to the general purpose and operations of the Boazd of Zoning Appeals. Request: Review and approval of text modifications, related to the Board of Zoning.Appeals, which will be forwarded to the City of Dublin Council. Applicant' Jane S. Brautigam, City Manager, City of Dublin. Planning Contact: Jennifer M. Rauch, AICP, Planner Contact information: (614) 410-4690, jrauch@dubIin.oh.us. MOTION: Keith Blosser made a motion, seconded by Drew Skillman, to approve these Code Amendments with the recommendations, as discussed.. VOTE: 4 - 0. RESULT: This Code Amendment was :approved. , RECORDED VOTES: Drew Skillman Yes Jeffrey Ferezan Yes Bangalore Shankar Yes Keith Blosser Yes Sean Cotter Absent STAFF CL2TIFICATIdN ~ ,. ~% /// r' . y J. o e-Flading !/ Senior Planner V ~", ~."s . C r=='~ ~;~w e , ~' r ~~, 1~ land Use and tong Range Plomiing SR00 Shier-Rings Rood Duhlin, Ohio 43016-1236 Phone: 61 k~410-4600 Fax: 614--010-4747 Weh Site: www.duhlin.oh.ns PLANNING REPORT BOARD OF ZONING APPEALS OCTOBER 25, 2007 SECTION I -CASE INFORMATION: Code Amendments-Board of Zoning Appeals Code Amendments 07-102ADM Proposal: Text modifications to various sections of the City of Dublin Zoning Code related to the general purpose, duties and operations of the Boazd of Zoning Appeals. Request: Review and approval of text modifications, related to the Boazd of Zoning Appeals, which will be forwarded to the City of Dublin Council. Applicant: Jane S. Brauiigam, City Manager, City of Dublin. Planning Contacts: Tammy Noble-Flading, Senior Planner and Jennifer M. Rauch, AICP, Planner. Contact Information: {614) 410-4600, tflading@dublin.oh.us or jrauch@dublin.oh.us. Case Summary: Over the past few months, Land Use & bong Range Planning has been reviewing the need for revisions to various development related codes. Many of these code sections have not been updated since their initial adoption, which; in some cases, was over 10 years ago. Some are relatively minor revisions while others will be more extensive. Planning has consolidated regulations applicable to the Boazd of Zoning Appeals and added provisions to update the Code to reflect current requirements, which will also eliminate some conflicting language regarding conditional use approvals. Case Process: These proposed revisions applicable to the operations of the Board of Zoning Appeals require review and approval by the BZA, followed by review and approval by the Planning and Zoning Commission. Subsequently, the proposed revisions and any recommendations will be brought to City Council for final consideration. ' Board of Zoning Appeals October 25, 2007 -Planning Report Case No. 07-102ADM -Page 2 of 3 Sections: Attached is a draft of the proposed modifications. The following is a summary of the issues Planning has identified for potential revisions of the current BZA operations and procedures based on the type of revisions that are proposed. General Tezt Updates Several sections of the Code aze being revised in order to accurately reflect applicable code sections that over time have either been changed and/or were omitted as a result of previous Code amendments. Other changes revise various sections of the Code to reflect procedural requirements for issues that should either be reviewed administratively bythe Director of Land Use and Long Range Planning or other bodies. These revisions aze recommended in an effort to ensure that the Code is accurate and properly reflects current policies and procedures. These sections aze listed in their entirety in the enclosed attachment and include Section 153.002, 153.004, 153.018, 153.053, 153.073, 153.090, 153.091, 153.097, 153.98, 153.115, 153.138, 153.148, 153.163, 153.187, 153.201, 153.203, and 153.210. Section 153.231-Board of Zoning Appeals The City of Dublin Zoning Code contains various sections that either make general references to or outline specific procedures for the Boazd of Zoning Appeals. Tn an effort to consolidate the information into one section, Section 153.231 has been modified to consolidate these other sections, including Section 153.092, 153.093, 153.235, 153.237 and 153.238. In addition to consolidating sections, Section 153.231 includes new language that attempts to address several issues. One is to codify procedures that are currently in practice by the Boazd of Zoning Appeals but have not been formally written and adopted by the City of Dublin. The second issue is providing sepazate review standards for use- variances. These changes aze listed in Section 531.231(3) and will be discussed in further detail at the October 25, 2007 meeting. SECTION II -REVIEW STANDARDS: Case Procedure: Code Section 153.234 grants the City Council the ability to change or amend the text of the Zoning Code. The purpose of this discussion is to review revisions to the purpose and operations of the BZA portion of the Code. Once specific direction has been received regarding the proposed revisions, Planning will finalize the draft amendments and present them to the Planning and Zoning Commission for a recommendation to City Council. While the Zoning Code does not specifically call for the language to be reviewed by the Board, Planning felt that it was appropriate and useful for the BZA to have the Boazd of Zoning Appeals October 25, 2007 -Planning Report Case No. 07-102ADM -Page 3 of 3 opportunity to comment on these proposed changes prior to submission into the required amendment process. SECTION III -RECOMMENDATION: In Planning's opinion, the proposed revisions to the operations and procedures of the Boazd of Zoning Appeals meet the purpose and goals outlined by the Zoning Code. Planning recommends that the Boazd recommend approval of the proposed changes to the Planning and Zoning Commission and City Council.