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Dublin City Zoning Code

ARTICLE 7

- EXCEPTIONS AND MODIFICATIONS

Sec. 7.1.- Reserved.

Editor's note— Ord. No. 79-11, adopted June 4, 1979, repealed § 7.1, which pertained to lots of record. Said section derived unchanged from the original zoning ordinance adopted Aug. 25, 1969.

Section 7.2. - Front yard setback.

The front yard requirements of this ordinance shall not apply to any lot where the average existing building setback line of structures located along a street within the same block and zoning district, is less than the minimum front yard requirements. In such cases, the setback on such lot may be less than the required front yard, but not less than the average of the existing front yards of the aforementioned lots.

Section 7.3. - Height limits.

The height limitations of section 6.1 of this ordinance shall not apply to church spires, belfries, cupolas and domes not intended for human occupancy; monuments, water towers, observation towers, transmission towers, flag poles and aerials (except where they conflict with FAA regulation).

Section 7.4. - Corner lots.

The side yard requirements for all principal buildings on corner lots shall be such that no corner lot building extends toward the side street more than ten (10) feet beyond the setback line established for buildings fronting on the street considered to be the side street to the corner lot. Accessory buildings shall conform to setback lines established on both streets.

Section 7.5. - Group housing plan.

In the case of residential group housing developments of two (2) or more dwellings to be constructed on a plot of ground at least four (4) acres in area, not subdivided into the customary lots and streets, and which will not be subdivided, or where the existing or contemplated lot and street layout make it impractical to apply the requirements of this ordinance to individual dwellings in such group developments, the application of the terms of this ordinance may be varied in a manner that will be in harmony with the character of the neighborhood, and will insure substantially the same character of occupancy, average intensity of land use and average amount of open space as required by this ordinance in the district in which the proposed group development is to be located, or a smaller lot area per dwelling unit than the minimum required in such district, or a smaller side or front yard, or greater height than is provided for within the district. Uses not permitted within the district in which group housing is to be developed shall not be included.

Section 7.6. - Community unit plan.

In the case of community unit developments of two (2) or more residential buildings to be constructed on a plot of ground at least twenty (20) acres in area not subdivided into the customary lots and streets, and which will not be subdivided, or where the existing or contemplated lot and street layout make it impractical to apply the requirements of this ordinance to the individual buildings in such community unit developments, the application of the terms of this ordinance may be varied in a manner that will be in harmony with the area, and will insure that the intent of this ordinance is not violated. Such community unit development plan shall be submitted to the Planning Commission for review and recommendation. This recommendation shall be accompanied by a written report stating the reasons for the recommendation and, if the application is approved, specific evidence and facts showing that the proposed community unit plan meets the following conditions:

(a)

The property adjacent to the area in the plan will not be adversely affected.

(b)

The buildings shall be used only for those uses permitted in the district for which the land is zoned, provided, however, that all such permitted uses shall be for the residents within the area of the community unit plan.

(c)

The average lot area per dwelling unit contained in the site, exclusive of the area occupied by streets shall not be less than ninety (90) percent of the lot area per dwelling unit required in the district in which the development is located.

(d)

The existing landscaping features are retained wherever possible. Included among landscaping features are ponds, streams, lakes, trees and similar features. The plan shall designate by appropriate symbol the location of existing trees to be retained. For the purpose of this provision a tree with a diameter of at least ten (10) inches shall be considered worth retaining.

7.6.1. If the Mayor and City Council [Board of Aldermen] approve such a community unit plan, building permits and certificates of occupancy may be issued even though the use of land and the location and height of buildings to be erected in the area and the yards and open spaces contemplated by the plan do not conform in all respects to the district regulations of the district in which it is located. However, no building permit or certificate of occupancy may be issued unless the proposed construction conforms to the standards set forth in the approved community unit plan.

Section 7.7. - Public development projects.

Any urban renewal project that has been officially approved by the Planning Commission and City Council [Board of Aldermen] shall be designated as an urban renewal area. The land and building development standards incorporated as a part of the Urban Renewal Plan and Disposition Agreement arrived at in connection with the resale of property within the designated urban renewal area shall be those standards set forth in this ordinance.

7.7.1. Any public housing project which has been officially approved by the Planning Commission and City Council [Board of Aldermen] shall be designated a Public Housing Area. The land and building development standards arrived at in connection with the Public Housing Area shall be those standards set forth in this ordinance.

Section 7.8. - Manufactured home parks.

In any district in which manufactured home parks are permitted, the following regulations and minimum standards shall apply:

7.8.1. The park shall be no less than six (6) acres in size, and be located on a well-drained site, properly graded to ensure positive drainage and freedom from stagnant pools of water.

7.8.2. Manufactured home spaces or lots shall be provided, consisting of a minimum of two thousand four hundred (2,400) square feet for each space which shall be at least thirty (30) feet wide and clearly defined; provided, that where at least seventy-five hundred (7,500) square feet of contiguous open space is set aside for a recreation area, playground area or any open space use the Planning Commission deem fit and proper, it is permissible to reduce the minimum area of the manufactured home space or lot by an area not to exceed four hundred (400) square feet.

7.8.3. Manufactured homes shall be harbored on each space so that there shall be at least fifteen (15) feet of clearance between manufactured homes, provided, that with respect to manufactured homes parked end-to-end, clearance shall not be less than ten (10) feet to any building within the park or to any property line bounding the park.

7.8.4. There shall be an area of not less than four thousand five hundred (4,500) square feet set aside for an outbuilding which will contain services needed by the manufactured home resident. Examples of such services are an office for the manufactured home park manager, a laundry, vending machines and storage space.

7.8.5. In the case of a manufactured home park larger than the minimum acreage or in the case of expansion of the park, when the option of open space has been accepted, two hundred (200) square feet on common space shall be added for each manufactured home unit.

7.8.6. All manufactured home spaces shall abut upon a paved surface driveway not less than twenty (20) feet in width which shall have unobstructed access to a street; all manufactured home space shall be serviced with walkways not less than two (2) feet wide.

7.8.7. All driveways and walkways within the park shall be lighted to provide safe, convenient access to all parts of the park during the evening hours.

7.8.8. An electrical outlet supplying at least two hundred forty (240) volts, one hundred (100) amperes shall be provided for each manufactured home space. Power lines over the manufactured home shall not be less than fifteen (15) feet above any manufactured home unit.

7.8.9. Surrounding the park (excepting only ingress and egress points) there shall be a planting easement of at least fifteen (15) feet upon which buildings shall not be permitted and which shall be planted and permanently maintained in trees and shrubbery that will within five (5) years after planting, be six (6) feet in height and obscure objects behind the easement at a distance of fifty (50) feet. The property owner(s) shall have the responsibility of maintaining the trees and shrubbery surrounding the park.

7.8.10. Drainage and public utilities plans shall be reviewed by the City Engineer and he shall advise the Planning Commission of his findings, in writing prior to the Commission's making a formal recommendation on the proposal.

7.8.11. Plans for a manufactured home park must also be reviewed and approved by the Laurens County Health Department, which body shall advise the Planning Commission, in writing, prior to the Commission's making a formal recommendation. The proposed plan shall not receive a favorable recommendation unless the Laurens County Health Department certifies that the proposed development meets all local and state health requirements.

(Ord. No. 79-28, § 1, 10-2-79; Ord. No. 06-15, § 5, 10-19-2006)

Section 7.9. - Reserved.

Editor's note— Ord. No. 06-15, § 6, adopted Oct. 19, 2006, repealed § 7.9, which pertained to double wide mobile homes and derived from Ord. No. 78-28, § 4, adopted Nov. 20, 1978.