101-90 Ordinance
RECORD OF ORDINANCES
National Graphics Corp,. Cols,. o. ~ Form No. 2806-A
Ordinance N 0 .____1()~___?()_________ P assed______ _n_n______ ______nnn______ _________19 n___ --
AN ORDINANCE AMENDING CHAPTERS 1184 (SPECIAL PERMITS)
AND 1129 (BOARD OF ZONING APPEALS)
III>" AND
ADDING NEW CHAPTER 1131 (PLANNING AND ZONING COMMISSION) TO PART ELEVEN
""'" ,.
fHEREAS , the Development Department has undertaken a comprehensive review of
he Zoning Ordinance; and
fHEREAS , the Planning and Zoning Commission reviews all applications for
pecial Permits, variance applications and conditional use applications; and
fHEREAS , the Board of Zoning Appeals takes final action on variance
pplications and conditional use applications; and
JImREAS , the current zoning ordinance requiring appearances before multiple
oards and commissions is cumbersome and lengthy; and
JImREAS , the Development Department wishes to streamline the review process;
nd
f--
.
UmREAS , the Development Department has received complaints regarding the
urrent operation of model homes; and
'HEREAS , the current special permit sections do not follow a uniform format;
nd
-
'HEREAS , use of temporary structures for construction, sales trailers and
ortable classrooms has become more prevalent; and
fHEREAS , the Planning and Zoning Code does not currently enumerate the powers
nd purposes of the Planning and Zoning Commission; and
fHEREAS , the Dublin Planning and Zoning Commission has reviewed these
mendments and recommended approval on October 4, 1990; and
fHEREAS , the Dublin Board of Zoning Appeals has reviewed these amendments on
eptember 27, 1990; and
WHEREAS, periodic amendments to the Planning and Zoning Code are necessary to
lrovide for the needs and desires of the community and to protect the health,
afety and welfare of the residents;
OW, THEREFORE, BE IT ORDAINED by the Council of Dublin, State of Ohio,
f the elected members concurring:
ECTION 1. That Part Eleven, Title Seven, Chapter 1184 of the codified
rdinances be amended to read as follows:
184.01 PURPOSE
he purpose of this chapter is to identify land uses which require a special
ermit due to unique characteristics relative to location, design, size,
',." peration, traffic circulation or need for public services and to provide
upplemental criteria which shall be applied by the Board of Zoning Appeals
hen reviewing the proposed use.
184.02 SPECIAL PERMIT REQUIRED
ithin the Municipality, no building, structure or premises shall be used and
o building or structure shall be erected which is arranged, intended or
esigned to be used for any use specified in this chapter unless a Special
ermit has been issued by the Board of Zoning Appeals.
RECORD OF ORDINANCES
National Graphics Corp., Cols" 0, .... Form No. 2806-A
Ordinance No ._____~()1___~()_______ P assed------ __m___m__ ______________________ ___19_______
Page Two
184.03 POWERS AND DUTIES OF THE BOARD OF ZONING APPEALS
r he Board of Zoning Appeals shall have the following powers and duties in
ddition to those defined elsewhere in this ordinance.
a) To grant special permits for uses listed in this chapter where it is shown
hat the special use can be granted a permit without substantial impairment of
he general purpose and intent of the zoning district in which the use is
roposed to be located and without significant incompatibility with the
eneral character of the neighborhood.
b) To impose such requirement(s), conditions and appropriate time limitations
egarding the location, character or other features of the proposed uses or
tructures as the Board feels necessary to carry out the intent and purpose of
he zoning Ordinance and to otherwise safeguard the public safety and welfare.
c) Upon application by the Law Director, to revoke any special permit whose
ondition has been violated after notice and opportunity to conform have been
iven.
184.05 HELIPORTS
a) Purpose. Due to the rapid development of and need for helicopter service,
t has been deemed appropriate that such uses require a special permit as
equired by this chapter, to promote the continued growth of such service in a
afe and orderly manner.
b) Permit Process. Permits for establishing and maintaining heliports shall
e issued to the owner or lessee of the heliport by the zoning Administrator
fter approval of a Special Permit by the Board of zoning Appeals and, after
he applicant has submitted an application providing written proof that:
(1) The heliport when located in zoning districts, other than
residential:
A. Has been inspected and, if applicable, approved and registered
or licensed by either the Division of Aviation of the Ohio
Department of Transportation (ODOT) or the Federal Aviation
Administration for compliance with the criteria set forth in
the Transportation Laws of Ohio, Annotated with Rules and
Regulations, Chapters TRa-1, TRa-2 and TRa-5 and amendments
thereto and applicable federal regulations;
B. Has received such approval and clearance from the Federal
Aviation Administration (FAA) as may be required by the Federal
Aviation Regulations (FARs); and
C. Is an accessory use to a permitted principal use in the zoning
district in which the heliport is located.
(2) The heliport when located in residential zoning districts:
A. Complies with the above requirements for heliports in zoning
districts other than residential;
B. Shall be limited to helicopters of 12,000 pounds gross weight
or less (executive-type helicopters) for the purpose of
internal cargo or personnel transportation only;
C. Shall be a minimum of one acre, and when in use shall be marked
in such a way as to be clearly visible;
D. Shall be a minimum of 500 feet from the nearest occupied
structure, expressway, principal arterial, minor arterial or
collector streets within the Municipality; and
E. Is an accessory use to a permitted principal use in the zoning
district in which the heliport is located.
c) Fee. A non-refundable fee of fifty dollars ($50.00) shall be paid to the
unicipality for each application for a special permit to establish a
eliport.
RECORD OF ORDINANCES
National Graphics Corp" Cols" 0, ~ Form No, 2806-A
-~l Ordinance No.__}~~__2~-m-m- P assed__nmn n ____m__ _m_mmn__m _____m__19 ----- -
Page Three
d) Exceptions No person shall take-off or land a helicopter anywhere within
he Municipality except at a heliport for which a permit, issued by the
.,.~ unicipality, as hereinafter provided, is in force unless such landing or
ake-off is done:
( 1) When necessary for law enforcement or other public safety purposes;
(2) When necessary for aircraft or medical emergencies;
(3) For a single or one-time landing at a site not regularly used for
landings when prior approval is obtained from the Manager. Such
approval shall not be unreasonably withheld when the Ohio State
Transportation Department has issued a temporary heliport
certificate for such an activity.
e) Applicability.
(1) All permits issued shall be only to the original property
owner/applicant or original lessee/applicant. If the ownership or
tenancy has changed, a new application shall be required.
(2) This section shall apply to all heliports established within the
Municipality.
f) Penalty. Anyone who operates a helicopter, or allows operation of a
helicopter in violation of the provisions of this section shall, upon
conviction, pay a fine of not more than five hundred dollars ($500.00)
for each violation.
184.06 DISH ANTENNAE.
a) Purpose. Regulation of dish antennae is intended to provide guidelines
for their approval which accommodate the generally large diameter of
satellite dish antennae, provide for screening to mitigate the mass of
the dish; provide for the most aesthetically pleasing dish location and a
safe and appropriate installation.
b) Permit Process. A certificate of zoning compliance for the installation
of dish antennae shall be issued to the owner of the property by the
Zoning Administrator or appropriate designee after approval of a Special
Permit by the Board of Zoning Appeals. The Board will base its approval
upon a site plan submitted by the applicant and the extent to which the
plan demonstrates that the installation of the dish antenna is in
conformance with the following guidelines:
(1) A dish antenna, when installed in any zoning district, shall be:
A. Located to the rear of the principal building or structure;
B. An accessory use subordinate to the principal use of the site;
c. Mounted in a concrete base in line with grade;
D. Screened from adjacent properties and landscaped;
E. Open mesh type if possible;
F. Wired underground;
G. Properly maintained; and
H. Designed to withstand a wind force of up to seventy miles per
hour.
(2) A dish antenna, when installed in any residential zoning district or
planned residential zoning district as defined in Section 1141.02,
shall be:
A. Installed in compliance with the general guidelines for all
zoning districts; and
B. Installed as close to grade elevation as possible; and in no
case shall be greater than fifteen feet above grade height if
turned perpendicular to the ground; and the maximum diameter of
any dish antenna shall not exceed twelve feet.
RECORD OF ORDINANCES
National Graphics Corp,. Cols" O. ~ Form No, 2806-A
101-90 P assed___u_______ ______u_____________________________19 u___. --
Ordinance No. ______u_____u_______
Page Four
( 3) A dish antenna, when installed in any commercial zoning district as
defined in Section 1141.02, shall be:
,.. A. Installed in compliance with the general guidelines for all
zoning districts;
B. Installed as close to grade elevation as possible; in no case
-',.",. '. shall be greater than fifteen feet above grade height if turned
perpendicular to the ground; and the maximum diameter of any
dish antenna shall not exceed twelve feet;
C. Located in yards that are not adjacent to residentially zoned
districts; and
D. Removed within twelve months of ceasing operation or when
replaced or unused.
( 4) A dish antenna, when installed in any industrial zoning district as
defined in Section 1141.02, shall be:
A. Installed in compliance with the general guidelines for all
zoning districts;
B. Compatible in height with the surrounding development;
C. Located in yards that are not adjacent to residentially zoned
districts; and
D. Removed within twelve months of ceasing operation or when
replaced or unused.
(5) A roof-mounted dish antenna:
A. When installed, as an accessory use to a residential structure,
shall not be greater than three feet above the roof of the
structure it is mounted on; and
B. When installed as an accessory use to structures located in
commercial and industrial districts, or permitted
nonresidential structures in residential districts, shall be
reviewed for safety, compatibility with surrounding development
and for other design measures that screen or otherwise make the
dish antenna appear less obtrusive.
c) Fee. A non-refundable fee of fifty dollars ($50.00) shall be paid to the
Municipality for each application for a special permit to install a dish
antenna.
d) Exemptions. All dish antennae will require a Certificate of Zoning
Compliance before installation. However, the following types of
installations will not require approval of the Board of Zoning Appeals:
Any roof-mounted or ground-mounted dish antenna that is three feet in
diameter or less, provided that the site plan submitted for zoning
compliance demonstrates that the general guidelines were considered.
184.07 COMMUNICATION TOWERS FOR COMMUNICATION DISTRIBUTION SYSTEMS.
a) Purpose. Towers used in radio, satellite dish, telephone, microwave or
other wavelength communication for transmission, receiving or relay are
subject to regulations herein provided. The communication tower
regulation is intended to preserve the opportunity for improved services
#i and technological advances from such consumer oriented public services;
to preserve the quality of life in residential areas close to tower
installations; to protect the health and safety of residents from the
possible adverse impacts of emissions from the advanced technologies in
use; to protect the visual quality and natural beauty of the community as
a whole; and to provide guidelines for zoning compliance to protect the
general welfare, health and safety of Dublin's residents in the absence
of tower regulations by the Public Utilities Commission of Ohio. It is
the intent of this regulation that the towers used for television and
radio, cellular telephone systems and dish antennae be erected in
locations consistent with the purpose and spirit of the zoning
regulations.
RECORD OF ORDINANCES
National Graphics Corp,. Cols.. O. ~ Form No. 2806-A
Ordinance No,_____J()~~2()_____ p assed_____________________________________________19 ----. -
Page Five
(b) Definitions.
( 1) "Communication tower" means a structure thirty-five feet or
"" greater in height above grade that is intended for
transmitting, receiving or relaying television, radio,
telephone or other communications.
",-;y,.j;I! (2) "Communication distribution system" includes broadcast antennae
for cellular telephone, AM and FM, microwave and television
systems.
(c) Permit Process.
(1) A Certificate of Zoning Compliance shall be issued to the owner
of the property by the Zoning Administrator or designee after
approval of a Special Permit by the Board of Zoning Appeals for
a tower thirty-five feet or more in height above grade for use
in a communication distribution system and for any support
buildings. Towers less than thirty-five feet in height shall
be approved by the approval process outlined in the Zoning
Ordinance by building permit and zoning compliance review. The
Board of Zoning Appeals shall approve, disapprove or approve
with conditions a Special Permit, based on a site plan to be
submitted by the applicant and owner of record of the property,
as prescribed by the Board of Zoning Appeals. In making its
decision, while upholding the purpose of this section, the
Board shall consider that the proposed tower and attendant
installation be:
A. Permitted only in the RI, LI, GI, OLR zoning district(s) ,
or in a planned district where the tower is a specifically
enumerated use;
B. Sited so that all reasonable alternatives for tower
placement have been clearly and convincingly demonstrated
so that the installation will minimize the visual
intrusion of the tower;
C. Shared with other users to minimize the proliferation of
towers within the City of Dublin;
D. Detailed in a site plan to include complete structure
elevations and a perspective view showing the tower as
viewed from all the property lines/lot lines of the
proposed site; and
E. Located to minimize the visual impact at base elevation of
the proposed structure by a comprehensive landscape plan.
(2) Plans submitted for proposed towers shall show conformance with
the following development standards:
A. The installation shall be 1,000 feet from the nearest
residential use or district, including planned districts
for residential use or public park;
B. Minimum setback from all property lines shall be a
distance equal to the height of the tower. Setback shall
be defined as the distance from the property line to the
nearest portion of the structure;
C. Underground wiring to the site shall be required;
IP' D. Equipment, mobile or immobile, not used in direct support
of the transmission or relay facility, shall not be stored
or parked on the site except in connection with a repair
or maintenance being made to the installation;
E. No employees shall be employed on a regular basis at the
installation site;
F. The owner of the tower/installation shall annually file
with the Board of zoning Appeals a declaration
ascertaining the continued operation, according to the
Board's approval, of each tower approved by Special
Permit; and
G. Obsolete or unused facilities shall be removed within
twelve months of ceasing operation.
RECORD OF ORDINANCES
National Graphics Corp., Cols" O. ..... Form No, 2806-A
Ordinance No. m~~~__~~mm__ p assed__m_____________m___m__mm___ _m_____19 ----. --
Page Six
(d) Exemptions: Ham radio installations are permitted in residential
districts provided:
p..', 1. The ham radio tower is no higher than the highest point of the
residence. If the tower is retractable, it shall be measured
when retracted;
_. '.i'i 2. The tower is an accessory use to a permitted principal use of
the property;
3. The tower shall be placed to the rear of the principal use.
4. Site plan approval is granted by the Zoning administrator or
designee.
5. All FAA and FCC requirements and building and electrical permit
requirements are met.
(e) Fee.
A non-refundable fee of fifty dollars ($50.00) shall be paid to the
Municipality for each application for a special permit for
Communication Tower.
184.08 PORTABLE STRUCTURES AND TEMPORARY USES
a) Purpose.
Regulation of Portable Structures such as temporary construction
trailers, temporary use trailers and portable classrooms is intended to
provide for unusual circumstances or the short term needs of the
residents of the City of Dublin, to preserve the quality of life in
residential areas and to provide a review process that maximizes the
safety and aesthetic appeal of the portable structures and temporary uses
and minimizes the duration and intrusion of such structures.
b) Definitions.
1. Portable Non-Residential Structure(s) - Building ( s) or similar
structure(s) designed for occupation which is not placed on a
permanent foundation. The definition shall include construction
trailers, portable classrooms, tents, trailers and any other uses
which may be proposed for such structures.
2. Construction Trailer - A temporary building or structure used as a
construction office for a project located on the same site during
its construction.
3. Portable Classroom - A manufactured structure not permanently
attached to the ground, used on a temporary basis in conjunction
with a permanent structure to provide educational services.
c) Permit Process
1. A Certificate of Zoning Compliance shall be issued to the owner of
the property by the Zoning Administrator or designee after approval
of a Special Permit by the Board of Zoning Appeals for any portable
non-residential 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 making
its decision, upon the Special Permit Application, the Board shall
consider that the proposed structure be:
A. Permitted in any zoning district provided the use of the
structure is a permitted use in the zoning district or an
accessory use as provided in Section 1183.05;
B. Located on the site so as to provide safe access to the
structure and be served by adequate parking;
C. Screened from view and sensitively located and to show
adherence to the standards of the community;
I
RECORD OF ORDINANCES
National Graphics Corp.. Cols,. O. .... Form No. 2806-A
Ordinance No. ____lP_l___?()_______ Passed_ ____ ______u__ ____________________________19 u
Page Seven
D. Detailed in a dimensioned site plan to include a complete
structure elevation, landscape plan and site lighting;
'IJl'
E. Proposed for a limited period of time not to exceed one year.
The duration of the proposed Special Permit shall be specified
&~,,-,{j by the applicant and approved by the Board. Extension of the
Special Permit for an additional limited period of time may be
permitted by reapplication to the Board when reasonable
progress toward a permanent structure is demonstrated. The
Board shall base its decision on any extension request on the
same criteria as the initial Special Permit;
F. Detailed in a narrative noting the specific use proposed and
the scope of the intended use; and
G. Proposed in compliance with development standards with respect
to parking and landscaping.
d) Exemptions
1. Construction trailers are not subject to a Special Permit review by
the Board of Zoning Appeals and are permitted in non-residential
zoning districts provided:
A. The location and footprint of the construction trailer is noted
on the construction plans submitted and approved for the
Certificate of zoning Compliance for the project;
B. The construction trailer is used in conjunction with an
approved construction project only during actual construction
work; and
C. The construction trailer is removed from the construction site
upon completion of actual construction work or when
construction has been discontinued for a period of 30 days or
more.
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2. Construction trailers are not subject to a Special Permit review by
the Board of Zoning Appeals and are permitted in residential zoning
districts provided:
A. A site plan~PI2:r:ov~l.is issued by the Zoning Administrator to
show agreement between the Municipality and residential
developer as to the location of the construction trailer, and
the installation of landscape screening in order to improve the
visual appearance of the site if the trailer is not screened by
existing natural vegetation.
3. Tents are not subject to a Special Permit review by the Board of
Zoning Appeals and are permitted in non-residential zoning districts
and non-residential planned districts provided:
A. A site plan approval is issued by the zoning administrator;
B. The use for which the tent is proposed is a temporary accessory
use to a permitted principal use on the same site; and
C. The tent is approved by the fire department.
D. Portable temporary buildings and trailers used in association
with a Seasonal Business as defined in Chapter 741 of the
Dublin Codified Ordinances are exempt from Special Permit
requirements. A Seasonal Business permit, however, is
required.
4. Tents are not subject to a Special Permit review by the Board of
Zoning Appeals and are permitted in residential zoning districts and
residential planned districts provided:
A. The tent is used as an accessory use to the residential use of
the premises for such events as wedding receptions or private
parties; or
RECORD OF ORDINANCES
National Graphics Corp., COls,. O. ~ Form No, 2806-A
Ordinance No._ __1_()~-:-:~()________ p assed___________ ___________________________________19 _m - -
Page Seven
B. The tent is an accessory to a bone fide special event sanction
or permitted by the city; and
If" C. The tent is approved by the fire department.
e) Fee: A non-refundable fee of fifty dollars ($50.00) shall be paid to the
&;,,~, .oj municipality for each application for a special permit for Portable
structures and Temporary Uses.
184.09 MODEL HOMES IN RESIDENTIAL DISTRICTS
a) Purpose - Regulation of model homes is intended to preserve the
opportunity for potential residents of the City of Dublin to inspect
housing available within the Municipality; to provide home builders a
forum to demonstrate housing types; to preserve the quality of
residential life for nearby residents; and to protect residential areas
from uses which are not residential in nature.
b) Definition
Residential Model Homes - A residential structure used by a licensed
homebuilder/developer, real estate worker or realtor to demonstrate house
construction, display built-in amenities and color selection charts to
prospective home buyers and promote the sale or lease of housing units.
The model home may be staffed and furnished.
c) Permit Process
l. A certificate of Zoning Compliance shall be issued to the owner of
the property by the Zoning Administrator 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 making its decision, the
Board shall consider that the proposed model home be:
A. Sited so that it is easily accessible and identifiable;
B. Integrated into the residential character of the neighborhood
with external lighting approved on a case by case basis. No
exterior lighting other than usual and customary residential
lighting shall be permitted at the model home after 9 p.m.
C. Approved for a limited duration not to exceed two years for
model homes in new subdivision and not to exceed one year in
developed or mature neighborhoods. Extension of the duration
of model homes may be permitted by application to the Board
of Zoning Appeals. The Board shall consider the same criteria
in approving extensions as is prescribed for initial
applications.
D. Identified by no more than one sign in compliance with the sign
:fI:'~ code;
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E. The Special Permit application will describe the use proposed
for the Model Home including:
l. Hours of operation
2. Number and type of employees
3. Maximum number of employees to be on site at any time.
4. Provision for parking for employees and customers
d) Fee: A non-refundable fee of fifty dollars ($50) shall be paid to the
municipality for each application for a special permit to establish
a model home.
RECORD OF ORDINANCES
National Graphics Corp., COls" O. ..., Form No, 2806-A
Ordinance N 0 .______~()~__~()_____ Passed___________ ____n nn_.___________________ ____19__.. - -
Page Eight
... ECTION 2. That Part Eleven, Title Three, Chapter 1129 of the Codified
rdinanees be amended to read as follows:
to< .
129.02 - POWERS AND DUTIES
(b) Special Permit - To authorize only such special permits as the
Board of Zoning Appeals is specifically authorized to consider
by the terms of the Zoning Ordinance.
129.04 - (e) delete
129.05 - PROCEDURE FOR AUTHORIZING A CONDITIONAL USE
[Delete entire subsection]. Power transferred to Planning and Zoning
Commission.
129.07 PROCEDURE FOR AUTHORIZING A SPECIAL PERMIT
a) 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.
b) Written Applications. Eight copies of a provided application form and a
dimensioned site plan shall be filed with the Zoning Administrator not
less than twenty days prior to the date of the public hearing.
,
(1) Description of property and intended use. The application
shall include the following statements:
A. A legal description of the property.
B. The proposed use of the property.
C. A statement of the necessity or desirability of the
proposed use to the neighborhood or community.
D. A statement describing the relationship of the proposed
use to adjacent property and land use.
E. Such other information regarding the property, proposed
use or surrounding area as may be pertinent to the
application or required for appropriate action by the
Board of Zoning Appeals.
(2 ) Plot plan. The application shall be accompanied by eight
copies of a plot plan, drawn to an appropriate scale, clearly
'" showing the following:
A. The boundaries and dimensions of the lot.
lib, B. The size and location of existing and proposed structures.
C. The proposed use of all parts of the lot and structures,
including accessways, walks, off-street parking and
loading spaces, and landscaping.
D. The relationship of the proposed development to the
development standards listed in Section 1184.
E. The use of land and location of structures on adjacent
property.
I
RECORD OF ORDINANCES
National Graphics Corp.. Cols,. 0, ..... Form No. 2806-A
Ordinance NO'm~()l_~~()m__m p assedm____m_m___nmn_mmnnm_mm__19 m_.. --
Page Nine
d) Actions of the Board of Zoning Appeals. The Board of zoning Appeals
shall hold a public hearing and act on a Special Permit in one of the
r'C)" following ways:
(1) Approval. The Board of Zoning Appeals shall approve an
.... application for a Special Permit if the following three
conditions are met:
A. The proposed use is a Special Permit Use in the zoning
district, and the applicable development standards
established in the Zoning Ordinance are met;
B. The proposed development is in accord with appropriate
plans for the area; and
C. The proposed development will be in keeping with the
existing land use character and physical development
potential of the area.
(2) Approval with modification. The Board of Zoning Appeals may
approve with modification an application for a Special Permit,
if the proposed use is a Special Permit use in the zoning
district and the applicable development standards are met, but
plot plan modification is required:
A. To be in accord with appropriate plans for the area; and
B. To prevent undesirable effects on adjacent property and
the surrounding area.
Such modification may be a limitation on the extent or
intensity of development, a requirement for additional
screening by fencing or landscaping, a change in the method or
plan for lighting, control of access or other conditions of
development as may be required. Recommendations regarding the
modification of plans or other appropriate actions shall be
stated with the reasons for each recommendation.
(3) Disapproval. The Board of Zoning Appeals shall only disapprove
an application for a Special Permit for anyone of the
following reasons:
A. The proposed use is not a Special Permit use of the zoning
district, or the applicable development standards are not
and cannot be met;
B. The proposed development is not in accord with appropriate
plans of the area, will have undesirable effects on the
surrounding area or is not in keeping with the existing
land use character and physical development potential of
the area.
(4) Special Permit Approval. Upon a favorable finding, the Board
of Zoning Appeals shall approve a Special Permit application
within thirty days following the public hearing.
(5) Special Permit. A Certificate of Zoning Compliance may be
issued for an approved Special Permit Use only within the
period of one year from the date of final approval by the Board
of Zoning Appeals.
(6) Building permit. A building permit may be obtained for the
~ development only if in accordance with the approved plot plan.
129.08 FEES FOR VARIANCES AND SPECIAL PERMITS
fee of 50 dollars ($50.00) shall be paid to the Municipality for each
pplication for a variance, or special permit to cover the necessary
dministrative and advertising costs.
II
RECORD OF ORDINANCES
National Graphics Corp,. Cols.. O. ~ Form No. 2806-A
Ordinance No. _____~~~__2~_______ P assed___________ ____ ____m______________ _________19______
--
Page Ten
(b) Written Applications. Eight copies of a provided application form and
a dimensioned site plan shall be filed with the Zoning Administrator
not less than twenty days prior to the date of the public hearing.
(1) Description of property and intended use. The application
shall include the following statements:
A. A legal description of the property.
B. The proposed use of the property.
C. A statement of the necessity or desirability of the
proposed use to the neighborhood or community.
D. A statement of the relationship of the proposed use to
adjacent property and land use.
E. Such other information regarding the property, proposed
use or surrounding area as may be pertinent to the
application or required for appropriate action by the
Planning and Zoning Commission.
(2) Plot plan. The application shall be accompanied by a plot
plan, drawn to an appropriate scale, clearly showing the
following:
A. The boundaries and dimensions of the lot.
B. The size and location of existing and proposed structures.
C. The proposed use of all parts of the lot and structures,
including accessways, walks, off-street parking and
loading spaces, and landscaping.
D. The relationship of the proposed development to the
development standards.
E. The use of land and location of structures on adjacent
property.
(3) A non-refundable fee of fifty dollars ($50) shall be paid to
the municipality for each application for a conditional use.
(1) Approval. The Planning and Zoning Commission shall approve an
application for a conditional use if the following three conditions are
met:
-
A. The proposed use is a conditional use of the zoning district, and
the applicable development standards established in the Zoning
Ordinance are met.
B. The proposed development is in accord with appropriate plans for the
area.
C. The proposed development will be in keeping with the existing land
use character and physical development potential of the area.
(2) Approval with modification. The Planning and Zoning 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:
A. To be in accord with appropriate plans for the area; and
B. To prevent undesirable effects on adjacent property and the
surrounding area.
Such modification 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 or 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.
(3) Disapproval. The Planning and Zoning Commission shall only disapprove an
application for a conditional use for anyone of the following reasons:
A. The proposed use is not a conditional use of the zoning district, or
the applicable development standards are not and cannot be met.
B. The proposed development is not in accord with appropriate plans of
the area.
C. The proposed development will have undesirable effects on the
surrounding area and is not in keeping with the existing land use
character and physical development potential of the area.
( 4) Conditional use approval. Upon a favorable finding, the Planning and
Zoning Commission shall approve a conditional use application within
1\ thirty days following the public hearing.
RECORD OF ORDINANCES
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Section 3. That Part Eleven, Title Three of the Codified Ordinances be
amended to add a new Chapter, 1131, to read as follows:
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Chapter 1131
Planning and Zoning Commission
1131. 01 ORGANIZATION AND MEMBERS
The Planning and Zoning Commission shall organize and adopt rules in
accordance with the requirements of the Charter of the City of Dublin.
Meetings of the Commission shall be held at the call of the chairperson, and
at such other times as the Commission determines. All meetings of the
Planning and Zoning Commission shall be open to the public. The Planning
Commission shall keep minutes of its proceedings, showing the vote of each
member upon each question, or if absent or failing to vote, indicating such
fact, and shall keep public records of its actions.
The Planning and Zoning Commission shall consist of seven members appointed by
the City Council to serve at the pleasure of the City Council. The powers and
duties shall be as provided in the City Charter and as provided by ordinances
and resolutions of the City Council.
1131.02 POWERS AND DUTIES
The Planning and Zoning Commission shall have the following powers and duties:
(a) Review of Preliminary and Final Plats and recommendation of action to
City Council;
(b) Review of Amendments to the Zoning Map and to the Zoning Ordinance and
recommendation of action to City Council;
(c) Review of development proposals under the provisions of Section 1185.06
Corridor Development District;
(d) Authorize only such Conditional Uses as the Planning and Zoning
Commission is specifically authorized to pass on by the terms of the
Zoning Ordinance;
(e) Initiate the inclusion of annexed territory in one or more of the zoning
districts defined in the Ordinance as amended;
(f) Review and Approve Final Development Plans, Development Plans, Amended
and Revised Development Plans and Plan Refinements for Planned Districts;
(g) Initiate rezoning applications;
(h) Exceptions to the Subdivision Regulations as provided in Chapter 1111;
and
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(i) All other powers and duties as may be provided by the City Charter and
city ordinances as amended.
1131.03 - PROCEDURE FOR AUTHORIZING A CONDITIONAL USE.
(a) Nature of Conditional Uses. Specifically listed conditional uses are
provided within the zoning district regulations in recognition that such
uses, although often desirable, will more intensely affect the
surrounding area in which they are located than the permitted uses of
such zoning districts.
The intent of this section is to set forth the development standards and
criteria for locating and developing a conditional use in accordance with
the nature of the surrounding area, conditions of development and with
regard to appropriate plans.
RECORD OF ORDINANCES
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Page Twelve
(5) Conditional use permit. A Certificate of Zoning Compliance may be issued
...' only for an approved conditional use within the period of one year from
the date of final approval by the Planning and Zoning Commission.
.,.>/1 (6) Building permit. A building permit may be obtained only for the
development in accordance with the approved plot plan.
Section 4. That this Ordinance shall take effect and be in force from and
- after the earliest period allowed by law.
Passed this 19th day of November , 1990.
.
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Attest:
fefhza-/)Y1' ~U2-r-J
lerk of Council
l bereby certify that copies of this Ordinance/Rw}ll1ti(ln .were posted if,
,thy of Dublin in accordance with Section 731.25 of the C:lio Revised (v'
J~ ~ tfh~
Clerk of Council, Dublin, Ohio
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