(a)

Unless otherwise exempted by this Zoning Ordinance, a zoning approval is required for the following:

(1)

A change of use of a property;

(2)

A new use of a property or a home occupation;

(3)

The erection of a new sign, or any change to an existing sign;

(4)

The erection of a new fence, or any change to, including in material, dimensions, or location of an existing fence;

(5)

The erection of a structure; or,

(6)

A change in dimensions, location, or design of a structure.

(b)

Zoning approvals shall be reviewed and determined by the application types identified in Table 23: Zoning Ordinance Decision, subject to the specific requirements for each application type. Applications may require fees described by the Building and Zoning Fee Schedule set forth in Section 135.10 in Part One of these Codified Ordinances.

(c)

If a proposed use, structure, modification, or other improvement does not meet the intent of other application types defined in this Zoning Ordinance, it may apply for a zoning certificate. An application for a zoning certificate shall be made available by the City. The application shall include details on application requirements and procedural timelines.

(Ord. No. 0007-2024, § 2(Exh. A), 4-1-24)

(a)

If a proposed use or structure does not conform to all requirements of this Zoning Ordinance, it may apply for a de minimis variance, a variance, or a floodplain variance.

(b)

An application for a variance shall be made available by the City. The application shall include details on application requirements and procedural timelines.

(c)

De Minimis Variances.

(1)

A de minimis variance is a deviation of ten percent or less of a dimensional or numerical standard. This deviation does not apply to density standards, building and structure height, outdoor lighting in Section 1109.06, electronic signs in Section1111.05(j), construction standards in Section 1117.10(f), standards in Chapter 1113 Watershed Management, and standards in Chapter 1115 Wireless Service Facilities.

(2)

The City's Designee shall have the authority to grant de minimis variances. An application for a de minimis variance that does not meet the intent of this Zoning Ordinance may be forwarded to the Planning Commission for action, as determined by the City's Designee.

(3)

In determining whether a de minimis variance shall be granted, the City's Designee shall find that the strict application of the Zoning Ordinance would create practical difficulties for the property owner.

(4)

A de minimis variance shall stay with the lot. A de minimis variance shall expire if the variance addresses a dimensional standard for a structure which has been demolished.

(d)

Variances.

(1)

A non-dimensional variance is any variance that does not seek to alter the dimensional development standards governing buildings or other physical site elements on a lot. A non-dimensional variance shall include changes to permitted uses within a building or lot.

(2)

A dimensional variance shall include any variance which seeks to alter the dimensional development standards governing size, location, height, and setback of buildings, or any other dimensional requirements of site elements.

(3)

The Planning Commission shall have jurisdiction to grant variances from the provisions or requirements of this Zoning Ordinance

(4)

Before granting a variance, the Planning Commission shall find that:

A.

The variance is not likely to result in substantial change to the essential character of the neighborhood;

B.

The variance is not likely to result in damage to adjoining properties;

C.

The variance is not likely to adversely affect the delivery of governmental services (e.g., water, sewer, garbage);

D.

The variance is not likely to result in environmental impacts greater than what is typical for other lots in the neighborhood.

E.

The variance is necessary for the economical use of the property, and such economical use of the property is not easily achieved through some method other than a variance; and,

F.

The variance is not likely to undermine the objectives of the land use plan.

G.

Whether the variance is substantial and is the minimum necessary to make possible the reasonable use of land or structures.

H.

The practical difficulty could be eliminated by some other method, even if the solution is less convenient or more costly to achieve.

(5)

The Planning Commission may, during the granting of a variance, impose reasonable conditions as deemed necessary to accomplish the purposes of this Zoning Ordinance.

(6)

A non-dimensional variance shall stay with a use of a lot. A non-dimensional variance shall expire if the use for which the non-dimensional variance was granted is not conducted on a property for a period of 24 consecutive months.

(7)

A dimensional variance shall stay with the lot. A dimensional variance shall expire if the dimensional variance addresses a standard for a structure which has been demolished.

(e)

Floodplain Variances.

(1)

A floodplain variance is any variance to Chapter 1113.01 Floodplain Regulations.

(2)

The Planning Commission shall have jurisdiction to grant floodplain variances.

(3)

Before granting a floodplain variance, the Planning Commission shall evaluate:

A.

The danger that materials may be swept onto other lands to the injury of others;

B.

The danger to life and property due to flooding or erosion damage;

C.

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

D.

The importance of the services provided by the proposed facility to the community;

E.

The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

F.

The necessity to the facility of a waterfront location, where applicable;

G.

The compatibility of the proposed use with existing and anticipated development;

H.

The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

I.

The safety of access to the property in times of flood for ordinary and emergency vehicles;

J.

The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

K.

The cost of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.

(4)

Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level.

(5)

The Planning Commission may, during the granting of a floodplain variance, impose reasonable conditions as deemed necessary to accomplish the purposes of this Zoning Ordinance.

(6)

The City Designee shall report any variances to the Federal Insurance Administration upon request.

(7)

Conditions for variance:

A.

Variances may be issued for the repair, rehabilitation or restoration of historic structures listed on the National Register of Historic Places upon a determination that the proposed repair, rehabilitation or restoration will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

B.

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

C.

Variances shall only be issued upon a determination that the variances are the minimum necessary, considering the flood hazard, to afford relief.

D.

Variances shall only be issued upon:

1.

A showing of good and sufficient cause;

2.

A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

3.

A determination that the granting of a variance will not result in increased flood heights beyond that which is allowed, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws and ordinances.

(Ord. No. 0007-2024, § 2(Exh. A), 4-1-24; Ord. No. 0077-2024, § 1(Exh. A), 12-2-24)

(a)

Uses set forth in any zoning district as conditionally permitted require a conditional use approval prior to the issuance of a zoning permit.

(b)

An application for conditional use approval shall be made available by the City. The application shall include details on application requirements and procedural timelines.

(c)

The Planning Commission shall hold a public hearing where it shall accept public comment on a conditional use application and shall grant or refuse to grant a conditional use approval.

(d)

Before granting a conditional use approval, the Planning Commission shall find that:

(1)

The essential character of the neighborhood is not likely to be substantially altered by the proposed conditional use;

(2)

Adjoining properties are not likely to suffer as a result of the proposed conditional use;

(3)

The proposed conditional use is not likely to place substantial burden on government services (e.g., water, sewer, garbage);

(4)

The proposed conditional use is likely to satisfy an economic or cultural need in the City; and

(5)

The proposed conditional use is not likely to undermine the objectives of the land use plan.

(e)

The Planning Commission may, during the granting of a conditional use approval, impose reasonable conditions as deemed necessary to accomplish the purposes of this Zoning Ordinance.

(f)

If the conditional use for which the conditional use approval was granted is not conducted on a property for a period of 24 consecutive months, the conditional use approval shall expire.

(Ord. No. 0007-2024, § 2(Exh. A), 4-1-24)

(a)

The official zoning map or the text of this Zoning Ordinance may be amended when approved by the Planning Commission and City Council.

(b)

An application form for zoning map or text amendments shall be made available by the City. The application shall include details on application requirements and procedural timelines.

(c)

The applicant for zoning map or text amendments must be:

(1)

The City;

(2)

The Planning Commission;

(3)

A landowner of a lot affected by the proposed zoning map amendment; or

(4)

A landowner of a lot affected by the proposed text amendment.

(d)

The Planning Commission shall hold a public hearing where it shall accept public comment on a zoning map or text amendment application and shall recommend or not recommend the zoning map or text amendment to City Council.

(e)

In deciding on the proposed amendment, the Planning Commission shall consider the elements of the application, including, but not limited to:

(1)

Consistency with the goals, policies and land use plan of the City of Gahanna, including any corridor plans, or subarea plans.

(2)

Compatibility of the area's physical, geological, hydrological, and other environmental features with the potential uses allowed in the proposed zoning district.

(3)

The compatibility of all the potential uses allowed in the proposed zoning district with the surrounding uses and zoning in terms of land suitability, impacts on the environment, density, nature of use, traffic impacts, aesthetics, infrastructure, and potential influence (a five

(5)

percent or more material reduction) in the value of existing abutting lands or approved developments.

(4)

The capacity of City infrastructure and services to accommodate the uses permitted in the requested zoning district without compromising the "health, safety, and welfare" of the City's citizens.

(5)

The apparent demand for the types of uses permitted in the requested zoning district in the City in relation to the amount of land in the City currently zoned to accommodate the demand.

(f)

If the Planning Commission votes down the proposed amendment, nothing further shall be done, unless within 14 days from the date of the decision the applicant files a request with the Clerk of Council to forward the recommendation to Council in the nature of an appeal. In that case, Sections 11.05 and 11.06 of Article XI of the Municipal Charter shall be followed. Any request to Council after the 14-day period shall be considered a new request and shall be referred to the Planning Commission as required by Charter.

(g)

If the Planning Commission is in favor of the proposed amendment, it shall recommend adoption of such amendment to Council.

(h)

Council Action. Before any zoning map or text amendment is adopted, Council shall carry out the requirements set forth in Sections 11.05 and 11.06 of Article XI of the Municipal Charter.

(Ord. No. 0007-2024, § 2(Exh. A), 4-1-24)

All newly annexed territory being accepted by Council after shall immediately upon acceptance be subject to the zoning classification, regulations and restrictions, as hereinafter set forth in this section:

(a)

All territory annexed to the City containing one or more acres shall be zoned Estate Residential.

(b)

All territory annexed to the City containing less than one acre shall be zoned to the most appropriate category based on the size of the lot and current land uses: R-1, R-2, R-3, or R-4.

(c)

The owner(s) may file, prior to acceptance of the annexed property by Council, a zoning application with the City's Designee for such newly annexed territory for any zoning category included in the Zoning Ordinance. Such filing shall be in accordance with the provisions of this chapter.

(d)

Subsequent zoning applications shall be submitted in the manner prescribed by this chapter.

(Ord. No. 0007-2024, § 2(Exh. A), 4-1-24)

(a)

A master sign plan may be requested to define consistent standards pertaining to the size, location, height, color, and design of signs for a multi-tenant building or multi-building development.

(b)

An application form for master sign plans shall be made available by the City. The application shall include details on application requirements and procedural timelines.

(c)

The Planning Commission shall hold a public hearing where it shall accept public comment on a master sign plan application and shall approve or disapprove a master sign plan.

(d)

Before granting a master sign plan approval, the Planning Commission shall find that:

(1)

The proposed signs meet the applicable development standards of this Zoning Ordinance, unless variances are being requested. Any variance request is subject to Chapter 1117.02;

(2)

The proposed signs are sited and scaled appropriately to create a cohesive character for the multi-tenant building or multi-building development;

(3)

The proposed signs are not in conflict with public streets, open spaces, public or private utilities, or rights-of-way;

(4)

The proposed signs would not have undesirable effects on the surrounding area.

(e)

The Planning Commission may, during the approval of a master sign plan, impose reasonable conditions as deemed necessary to accomplish the purposes of this Zoning Ordinance.

(Ord. No. 0007-2024, § 2(Exh. A), 4-1-24)

(a)

Development Plan Procedure.

(1)

A Development Plan application shall be required prior to the commencement of any construction activities for any new development, redevelopment, addition, alteration, or other improvement under the jurisdiction of this code.

(2)

A Minor Development Plan application may be administratively approved when it has been determined by staff to meet all applicable codes and meets the parameters of Chapter 1117.07. All other requests shall be processed as a Major Development Plan. After completing the staff review process, Major Development Plan applications shall be forwarded to Planning Commission for consideration.

A.

Minor Development Plan. A Minor Development Plan may be administratively approved if it is determined the proposed development meets any of the following conditions:

1.

Addition(s) or accessory building(s) where the total area is 5,000 square feet or less. Accessory buildings that are 200 square feet or less are exempt from the Development Plan process.

2.

New or modified structures, meeting the definition of structure but not building such as carport, gazebo, or similar, located on a property with existing building(s) and/or structure(s).

3.

Expansion of nonconforming uses less than or equal to 25 percent of the gross floor area.

4.

Painting a building 25 percent or more of a new color identified in Chapter 1107, Design Guidelines.

5.

New parking lots or modifications to existing parking lots including new access points or modifications to existing access points.

6.

Reduction to the total minimum parking requirements of 25 percent or less based assessment of development factors in Section 1109.01(c)(4).

7.

New landscaping or modifications to approved landscape plans.

8.

Replacement of building materials with a new material identified in Chapter 1107, Design Guidelines.

9.

New or modifications to site or building lighting.

10.

Changes to building appearance, including but not limited to, doors, windows, roofs, awnings, decks, and other similar building elements.

B.

Major Development Plan. A Major Development Plan is required if the proposed development meets any of the following conditions:

1.

Construction of any new building(s).

2.

Addition(s) or accessory building(s) greater than 5,000 square feet.

3.

Expansion of nonconforming uses greater than 25 percent of the gross floor area.

4.

New or modified structures, meeting the definition of structure but not building such as carport, gazebo, or similar, located on a property without existing building(s) and/or structure(s).

5.

Painting exterior of building a new color not identified in Chapter 1107, Design Guidelines.

6.

Reduction to the total minimum parking requirements greater than 25 percent.

7.

Replacement of building materials when the new material is not identified in Chapter 1107, Design Guidelines.

8.

Any new construction or exterior modifications located within the Creekside Mixed Use (CMU) zoning district, even if they meet the provisions of a Minor Development Plan.

9.

Any development which is not expressly enumerated as a Minor Development Plan or exempt shall require a Major Development Plan.

C.

Exemptions. The following are exempt from Development Plan review but may require the review and approval of other permits:

1.

One- or two-unit dwellings.

2.

Property within the right-of-way is not subject to the standards of this Zoning Ordinance unless expressly stated. Development within the right-of-way may require additional permitting and may be subject to other codes and requirements.

3.

Repainting of existing buildings, regardless of color, when less than 25 percent of the building.

4.

Other similar development proposals as determined by the City's Designee.

(b)

General Requirements. The Development Plan shall conform to all applicable requirements of this Zoning Ordinance. Additionally, the following principles and standards shall be observed:

(1)

Encourage the orderly and harmonious development of the area in a manner keeping with the overall character of the community.

(2)

Every effort should be made to protect any adjacent residential areas from a potential nuisance created by a proposed commercial, industrial, or multi-family development.

(3)

To the maximum extent practicable, development shall be located to preserve the natural features of the site, to avoid areas of environmental sensitivity, and to minimize negative impacts and alteration of natural features such as:

A.

Unique and/or fragile areas including wetlands.

B.

Significant trees or stands of trees.

C.

Lands within the 100-year floodplain.

D.

Steep slopes in excess of 20 percent as measured over a ten-foot interval. E. Habitats of endangered plant materials or wildlife.

(4)

The development shall be laid out to reduce cut and fill; to avoid unnecessary impervious cover; to prevent flooding; and to mitigate adverse effects of shadow, noise, odor, traffic, drainage and utilities on neighboring properties.

(5)

The City may impose additional requirements regarding design and construction of the proposed development, including but not limited to streets, curbs, gutters, and access.

(6)

Sidewalks shall be installed for any new proposed development, or redevelopment of a property where sidewalks do not currently exist. Multi-use trail may be required in areas that are identified by the City as areas identified for regional trail systems/connections.

(c)

Pre-application Meeting.

(1)

A pre-application meeting is highly encouraged, but not required, prior to submittal of the Development Plan application. A concept of the development, including conceptual site drawings, should be included as part of the pre-application meeting.

(2)

This conceptual plan need not be full engineered drawings but should include a majority of those requirements as provided in Section 1117.07(d), and shall be presented to staff at the pre-application meeting. The plan will facilitate discussion and understanding and could possibly serve to avoid conflicts with applicable development standards.

(d)

Development Plan Submittal. An application for development plan approval shall be made available by the City. The application shall include details on application requirements and procedural timelines.

(e)

Development Plan Action.

(1)

Action by the City's Designee.

A.

An application for a Minor Development Plan complying with all applicable requirements and containing all information required under this Zoning Ordinance shall be reviewed by the City's Designee for action.

B.

An application for a Minor Development Plan approval which is not in compliance with this Zoning Ordinance may be forwarded to the Planning Commission for action, as determined by the City's Designee.

(2)

Action by the Planning Commission.

A.

An application for a Major Development Plan complying with all applicable requirements and containing all information required under this Zoning Ordinance shall be forwarded to the Planning Commission for action.

B.

An application for a Major Development Plan approval which is not in compliance with this Zoning Ordinance shall not be forwarded to the Planning Commission until the application meets all requirements or a variance has been requested.

C.

The Planning Commission shall hold a public hearing on an application for a Major Development Plan approval within 30 days of the receipt of the application, and supporting materials.

D.

Before approving or denying the application before it, the Planning Commission shall hold at least one public hearing on such application at which time the applicant shall present and explain the design concept of the proposed development; staff comments and administrative comments shall be made; and the Planning Commission shall receive any comments or concerns pertaining to the proposed development from the general public. Notice of such public hearing shall be published on the City website and posted at the municipal building, in a location accessible to the public, and shall include place, time, date and nature of such applied for during the calendar week prior to the public hearing.

1.

Written notice of said hearing shall also be mailed by ordinary mail to the street addresses of contiguous property owners of the property for which said hearing is being held. The failure of delivery of such notice shall not invalidate any such application. The names and addresses of all property owners entitled to notice of the public hearing shall be furnished by the applicant.

2.

Where the subject of such public hearing involves 50 or more of the property owners of the City, then written notice to owners of the hearing, as provided in the preceding paragraph, shall not be required.

(f)

Minor Development Plan Approval.

(1)

The City's Designee shall act on a Minor Development Plan in one of the following ways:

A.

Approval: The City's Designee shall approve an application for a Minor Development Plan if the following four conditions are met:

1.

The proposed development meets the applicable development standards of this Zoning Ordinance.

2.

The proposed development is in accord with appropriate plans for the area.

3.

The proposed development would not have undesirable effects on the surrounding area.

4.

The proposed development would be in keeping with the existing land use character and physical development potential of the area.

B.

Disapproval: The City's Designee may disapprove an application for a Minor Development Plan for any one of the following reasons:

1.

The proposed development does not meet the applicable development standards of this Zoning Ordinance.

2.

The proposed development is not in accord with appropriate plans of the area.

3.

The proposed development will have undesirable effects on the surrounding area.

4.

The proposed development is not in keeping with the existing land use character and physical development potential of the area.

(2)

Any approval of a Minor Development Plan shall be valid for a period of 18 months. Construction activities must begin within this period or the plans shall expire.

(g)

Major Development Plan Approval.

(1)

The Planning Commission shall hold a public hearing and act on a Major Development Plan in one of the following ways:

A.

Approval: The Planning Commission shall approve an application for a Major Development Plan if the following four conditions are met:

1.

The proposed development meets the applicable development standards of this Zoning Ordinance.

2.

The proposed development is in accord with appropriate plans for the area.

3.

The proposed development would not have undesirable effects on the surrounding area.

4.

The proposed development would be in keeping with the existing land use character and physical development potential of the area.

B.

Approval with modification: The Planning Commission may approve, with modification, an application for a Major Development Plan if the proposed use meets the applicable development standards of the zoning district, but plan modification is required:

1.

To be in accord with the appropriate plans for the area; and

2.

To prevent undesirable effects on adjacent property and the surrounding area. Such modification may include but not be limited to 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, time limits as to the length of time the use may be permitted to exist, control of access or other conditions of development as may be required to meet the applicable development standards of the zoning district. Requirements regarding the modification of plans or other appropriate actions shall be stated with the reasons for each requirement.

C.

Disapproval: The Planning Commission may disapprove an application for a Major Development Plan for any one of the following reasons:

1.

The proposed development does not meet the applicable development standards of this Zoning Ordinance.

2.

The proposed development is not in accord with appropriate plans of the area.

3.

The proposed development will have undesirable effects on the surrounding area.

4.

The proposed development is not in keeping with the existing land use character and physical development potential of the area.

(2)

After action by the Planning Commission on the application, the Clerk of Council shall mail to the applicant a Record of Action taken which shall contain the motion as carried by the Planning Commission to include any conditions.

(3)

Any approval of a Major Development Plan shall be valid for a period of 18 months. Construction activities must begin within this period or the plans shall expire.

(h)

Development and Construction of Plan.

(1)

Absolutely no site work, earth moving or tree removal activities can begin without the following:

A.

An approved Development Plan.

B.

An approved Site Plan including a Grading Plan, Sediment and Erosion Control Plan, and Utility Plan. This plan must be reviewed and approved by the City's Designee.

C.

All applicable Building, Zoning, Development, and Engineering fees paid in full.

D.

Site inspection of all sediment and erosion control measures, tree save fences, preservation zone fences, or other requirements as determined by the Planning Commission or the City's Designee.

E.

Parkland dedication or fees in lieu are paid in full if applicable.

F.

Street Tree Plan submitted to Landscape Board for approval if applicable.

(2)

Failure to comply with any of the above requirements of Section 1117.07(h) will result in penalties as stated in Chapter 1117(k).

(i)

Fees for a Development Plan. The owner shall pay a fee at the time of submission of the Development Plan. The fee shall be as established in the Building and Zoning Fee Schedule set forth in Section 135.10 in Part One of these Codified Ordinances.

(j)

Revision of Plan After Approval. Any modification or revision of any kind, except for the addition of appropriate easements, shall require approval by the City's Designee or the Planning Commission. A new application shall be required and approved prior to commencement of any modification or revision.

(k)

Penalty.

(1)

Violation of the provisions of Section 1117.07 or failure to comply with any of its requirements shall constitute a misdemeanor of the first degree. Any person, company, or contractor who violates Section 1117.07 or fails to comply with any of its requirements shall pay all costs and expenses involved in the case, including the costs of restoring the area to its original condition prior to the violation. Each day that the violation continues can be considered a separate offense.

(2)

Any tree in excess of six inches in caliper that is removed from a site prior to Development Plan approval shall be replaced by the identical caliper size that is removed. Multiple trees can replace larger trees that are removed so long as the minimum caliper of the replacement tree is two and one-half inches.

(3)

Nothing herein contained shall prevent the City of Gahanna from taking such other lawful action as is necessary to prevent or remedy any violation. The City of Gahanna shall prosecute any violation of this chapter in accordance with the penalties stated herein.

(Ord. No. 0007-2024, § 2(Exh. A), 4-1-24; Ord. No. 0081-2024, § 1(Exh. A), 12-2-24)

(a)

Final Plat.

(1)

Preapplication Conference. An owner of land desiring to subdivide or develop that land, should schedule a pre-application conference with the City's Designee to discuss the concept of the proposed development. The developer should bring a site plan to the conference for review and discussion.

(2)

Final Plat Filing. The owner of land proposed to be subdivided shall submit an application for final plat to the City's Designee. The owner shall pay a fee, as established in the Building and Zoning Fee Schedule set forth in Section 135.10 in Part One of These Codified Ordinances. The final plat drawing shall contain and clearly show the following:

A.

Identification.

1.

Name of proposed subdivision.

2.

Key map showing location of proposed subdivision within the City.

3.

Names and addresses of the land owners, developers, and design professionals involved with the proposed subdivision.

4.

Date.

5.

North arrow.

B.

Survey and Engineering Data.

1.

Boundary of plat based on an accurate traverse with angular and lineal dimensions.

2.

True angle and distance to the nearest street intersection, accurately described on the plat.

3.

Radii, internal angles, points of curvature, tangent bearings and lengths of all short dimensions.

4.

All lot numbers and lines with accurate dimensions in feet and hundredths and bearings in degrees and minutes.

5.

Accurate location of permanent monuments marking each boundary corner of the subdivision.

6.

Accurate location, width and name of all streets and other public ways. New streets which are extensions of or in alignment with existing streets shall bear the same name of the existing streets.

7.

Minimum building setback lines along all streets and other public ways.

8.

Accurate outlines and delineation of all drainage easements, floodway routing, flood hazard areas and other watercourses contained within or contiguous to the plat boundaries.

9.

Accurate outlines and delineation of any areas to be dedicated or reserved for public use, with purposes indicated thereon, and of any area to be reserved by deed covenant for the common use of all property owners.

10.

Any restrictions and covenants which are to be included as part of the deed to any lot within the subdivision plat.

11.

All existing easements including, but not limited to, water, sanitary sewer, and stormwater or drainage.

12.

Any proposed easements including, but not limited to, water, sanitary sewer, and stormwater or drainage.

C.

Certification and Approval Provisions.

1.

Certification by an Ohio registered surveyor that the plat represents a survey made by the surveyor or under the surveyor's direction and that the monuments shown exist as designated or will be set following construction and that all dimensional and geodetic details are correct.

2.

Notarized certification by the land owner as to adoption of the plat and the dedication to public use of the streets and other public ways shown on the plat. No private property shall extend into the dedicated right-of-way for any street or public way.

3.

Space for approval by signature of the City's Designee.

4.

Space for approval by signature of the Chair of Planning Commission.

5.

Space for approval by signature of the Mayor.

6.

Space for transfer by the County Auditor and recording by the County Recorder with a statement indicating the expiration date of any or all approvals granted by the City relating to the final plat.

7.

An environmental plan as prescribed in Section 1117.10(f)(11) is required with the application.

(3)

Final Plat Approval.

A.

The Planning Commission shall consider an application for final plat approval within 30 days of the receipt of the application and certificate of ability for stormwater management compliance issued by the City's Designee under Chapter 1113.

B.

The Planning Commission shall review the application and recommend approval by Council for such application unless it is determined that one or any of the following conditions exist:

1.

The granting of the application shall adversely affect the health and safety of persons living or working within the area of the proposed plat.

2.

The granting of the application shall be materially detrimental to the public welfare or injurious to property or improvements within the general area of the proposed plat.

3.

The granting of the application shall be contradictory to existing City development standards, zoning ordinances or development plans of the City.

C.

The Planning Commission shall disapprove an application for final plat approval which is not in full compliance with the requirements stated above.

(4)

Action by Council.

A.

An application for final plat recommended to Council for approval by the Planning Commission shall be considered by Council within 60 days of receipt of such Recommendation. Council shall approve such application unless it is determined that one or any of the following conditions exist:

1.

The granting of the application shall adversely affect the health and safety of persons living or working within the area of the proposed plat.

2.

The granting of the application shall be materially detrimental to the public welfare or injurious to property or improvements within the general area of the proposed plat.

3.

The granting of the application shall be contradictory to existing City development standards, zoning ordinances or development plans of the City.

B.

In the event an application for final plat approval is denied by Council the specific reasons for such action shall be documented and made a part of the file.

(5)

Acceptance of Dedicated Improvements.

A.

Council shall not accept dedication to public use of improvements required under Chapter 1117 until the City's Designee certifies in writing that all required improvements have been completed as follows:

1.

The installation of all sanitary sewers and inspections;

2.

The storm sewers and all appurtenances have been completed and inspected;

3.

All water lines have been installed and tested; and

4.

All street, curbs and base at a minimum have been completed.

B.

Upon certification of final completion of the streets, street lights, chlorination and other appurtenances, the City's Designee shall certify that the improvements are accepted, at which time the developer shall post a two-year maintenance bond equal to ten percent of the cost of construction and the performance/surety bond shall be released.

C.

The developer shall be required to provide a cash maintenance bond equal to five percent of the total cost of the street light installations. Such amount shall be deposited at the time energization is requested and shall be used by the City to perform necessary repairs during the one-year developer maintenance period following energization and burn test. Should the amount be insufficient to cover all repairs required during this period, additional moneys shall be deposited. If all funds are not expended, the unused balance shall be returned to the developer without interest.

(6)

Landlocked Parcels Prohibited. No application shall be approved which would result in any parcel of land becoming or remaining landlocked.

(7)

Action by Land Owner.

A.

When an application for final plat is approved, the land owner shall file and record the plat with the County Recorder within six months of the date of approval. Failure by the owner to properly record the plat within this time period shall cause the approvals to become null and void.

B.

The final plat drawing, that is to be recorded, shall be prepared on mylar film 18 inches by 24 inches or 24 inches by 36 inches in size and at a minimum scale of one inch equals 100 feet or to whatever size the County Recorder requires.

(8)

Development of Land Within Plat.

A.

No permits for construction or improvements of any kind relating to the proposed development shall be issued by the City prior to approval of the application for final plat approval by Council.

B.

No construction or improvement work relating to the proposed development, including grading, which may affect the arrangement or alignment of public streets or other public improvements or may alter a natural water drainage course may be started prior to approval of the application for final plat approval by Council.

C.

No permit shall be issued by the City for construction of any structure within the proposed development until all improvements required to be dedicated to public use have been accepted by Council under the provisions of Chapter 1117.

D.

All platted subdivisions shall be marketed, promoted, advertised and identified using the name approved on the final plat and recorded at the Franklin County Court House.

(9)

Revision of Plat After Approval.

A.

No modification or revision of any kind except for the addition of appropriate easements as approved by the City's Designee shall be made in or to a final plat under the provisions of this chapter unless such modification or revision is first submitted and approved.

(b)

Subdivision without Plat.

(1)

Application. Written application for a subdivision without plat shall be submitted to the City's Designee. Upon acceptance, the application will be processed and routed for review in accordance with the provisions of this chapter.

(2)

Fee. Application fee for a subdivision without plat shall be as established in the Building and Zoning Fee Schedule set forth in Section 135.10 in Part One of These Codified Ordinances.

(3)

Survey Required. A boundary survey prepared by an Ohio registered surveyor shall be submitted with each application for subdivision without plat. The survey must include all property involved in the subdivision without plat. Such survey shall show:

A.

Boundary of proposed subdivision based on an accurate transverse with angular and lineal dimensions.

B.

Size of all lots within proposed subdivision with accurate dimensions in feet and hundredths with bearing in degrees and minutes.

C.

Exact location, width and name of all streets or other public ways contiguous to the proposed subdivision.

D.

Names of adjacent subdivisions and owners of adjoining parcels with boundary lines of adjacent tracts of unsubdivided and subdivided land.

(4)

Administrative Approval.

A.

An application for a subdivision without plat shall be reviewed by appropriate City staff and approved by the City's Designee when the application has been determined to meet all applicable code requirements, including the following:

1.

All lots of the resulting subdivision are contiguous to a dedicated public street right-of-way for such distance as is required by the applicable zoning category.

2.

No opening, widening or extension of any road, street or other public way is involved.

3.

No more than five lots are involved after the original tract is completely subdivided.

4.

The request for subdivision is not contrary to platting, subdividing or zoning regulations of the City.

B.

An application for a subdivision without plat which is not in compliance with all of the above conditions shall be denied unless a variance is approved.

(5)

Variance Required. An application for a subdivision without plat which would result in one or more parcels being in noncompliance with this Zoning Ordinance shall not be approved until final determination has been made on all required variances under the procedures established in Chapter 1117.

(6)

Landlocked Parcels Prohibited. No application for subdivision without plat shall be approved which would result in any parcel of land becoming or remaining landlocked.

(7)

Certification of Approval. After approval, the City's Designee, shall be authorized to accept the conveyance instrument of each parcel of land being transferred under the approved subdivision and stamp and sign in accordance with Franklin County requirements.

(8)

Appeal of Denied Applications. In the event of an application for subdivision without plat is denied, the applicant may, within 20 calendar days of the date of denial, file a written appeal with the Clerk of Council. Such appeal shall be heard by the Board of Zoning and Building Appeals.

(Ord. No. 0007-2024, § 2(Exh. A), 4-1-24)

(a)

Appeals of decisions of the Planning Commission or the City to the Board of Zoning and Building Appeals shall be filed within 30 days of the decision being appealed, pursuant to the City of Gahanna Charter Article XII, the City of Gahanna Administrative Code Chapter 147, and the Rules of Procedures adopted by the Board of Zoning and Building Appeals.

(b)

On appeal, the Board of Zoning and Building Appeals shall determine, by a preponderance of the evidence, if Planning Commission erred in its decision.

(c)

Appeals of decisions of the Board of Zoning and Building Appeals shall be brought to the Franklin County courts.

(Ord. No. 0007-2024, § 2(Exh. A), 4-1-24; Ord. No. 0009-2025, § 3(Exh. C), 4-7-25)

(a)

Fence Permits.

(1)

No new fence shall be erected without an approved permit, which must clearly be displayed during construction. Replacement of a fence shall be allowed without a fence permit provided materials, height and location do not vary from existing fence and the placement is conforming to the current code.

(2)

It is the responsibility of the applicant to verify all applicable deed restrictions. If the required information regarding deed restrictions has been misrepresented, the permit shall be revoked and the fence shall be removed.

(3)

No person other than the property owner and/or a commercial fence erector, registered in the City, shall engage in the business of erecting, maintaining or replacing fences of any type when a building permit is required.

(b)

Floodplain Use Permit.

(1)

A floodplain use permit is required before construction or development begins within any area of special flood hazard established in Chapter 1113. An owner, tenant, option holder or other person having a financial interest in the piece of property in question may apply for a floodplain use permit using forms furnished by the City and shall include the following:

A.

Elevation in relation to mean sea level of the lowest floor, including basement, of all proposed structures located in special flood hazard areas where base flood elevation data are utilized;

B.

Elevation in relation to mean sea level to which any proposed structure will be flood proofed in accordance with Chapter 1113 where base flood elevation data are utilized;

C.

Certification by a registered professional engineer or architect that the flood proofing methods for any nonresidential structure meet the flood proofing criteria in Section 1117.10(b)(8)(E) where base flood elevation data are utilized;

D.

Description of the extent to which any watercourse will be altered or relocated as a result of the proposed development and certification by a registered professional engineer that the flood carrying capacity of the watercourse will not be diminished.

E.

Two sets of plans drawn to scale showing the nature, location, dimensions and elevation of the lot, existing or proposed structures, fill, storage of materials, flood proofing measures and the relationship of the above to the location of the channel.

(2)

Additionally the application shall include, but not be limited to the following information, if determined necessary by the City:

A.

A typical valley cross section showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross sectional areas to be occupied by the proposed development and high-water information.

B.

Plan, surface, view, showing elevations or contours of the ground; pertinent structure, fill or storage elevations; size, location and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets, water supply, sanitary facilities, photographs showing existing land uses and vegetation upstream and downstream, soil types, and other pertinent information.

C.

Profile showing the slope of the bottom of the channel or flow line of the stream for at least 500 feet in either direction from the proposed development.

D.

Specifications for building construction and materials, flood proofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities.

E.

Any other information requested by the City.

(3)

The applicant shall include with an application, payment of a fee as established in the Building and Zoning Fee Schedule set forth in Section 135.10 in Part One of these Codified Ordinances.

(4)

Time for Acting on Application. The City shall act on an application in the manner above described within 14 days from receiving the application, except when additional information is required and requested by the City.

(5)

Applications for certificates of zoning compliance shall also conform to Chapter 1117.

(6)

Nothing in this chapter shall be construed as prohibiting an applicant from applying for a floodplain use permit under this section concurrently with the request for a change in zoning from one zoning district to another.

(7)

Floodplain use permits or certificates or zoning compliance issued on the basis of approved plans and applications authorize only the use, arrangement or construction. Any use, arrangement or construction at variance with that authorized shall be denied as violation of this chapter and punishable as provided in Chapter 1121.

(8)

Decision of the City's Designee. The City may attach such conditions as it deems necessary to further the purposes of this chapter. Among such conditions, without limitation because of specific enumeration, may be included:

A.

Modification of waste disposal and water supply facilities. B. Limitations on period of use and operation.

C.

Imposition of operational controls, sureties and deed restrictions.

D.

Requirements for construction of channel modifications, dikes, levees and other protective measures.

E.

Flood proofing measures shall be designed for nonresidential development consistent with the flood protection elevation for the particular area, flood velocities, durations, rate of rise, hydrostatic and hydrodynamic forces, and other factors associated with the regulatory flood. The City's Designee shall require that the applicant submit a plan or document certified by a registered professional engineer, architect or other expert that the flood proofing measures are consistent with the flood protection elevation and associated flood factors for the particular area. The following flood proofing measures may be required without limitation because of specific enumeration:

1.

Anchorage to resist flotation and lateral movement;

2.

Installation of watertight doors, bulkheads, shutters or similar methods of construction;

3.

Reinforcement of walls to resist water pressures;

4.

Use of paints, membranes or mortars to reduce seepage of water through walls;

5.

Addition of mass or weight to structures to resist flotation;

6.

Installation of pumps to lower water levels in structures;

7.

Construction of water supply and waste treatment systems so as to prevent the entrance of floodwaters;

8.

Installation of pumping facilities or comparable practices for subsurface drainage systems for buildings to relieve external foundation wall and basement floor pressures;

9.

Construction to resist rupture or collapse caused by water pressure or floating debris;

10.

Installation of valves or controls on sanitary and storm drains which will permit the drains to be closed to prevent backup of sewage and stormwaters into the building or structures. Gravity draining of basements may be eliminated by mechanical devices;

11.

Location of all electrical equipment, circuits and installed electrical appliances in a manner which will assure they are not subject to flooding and provide protection from inundation by the base flood; and,

12.

Location of any structural storage facilities for chemicals, explosives, buoyant materials, flammable liquids or other toxic materials which could be hazardous to public health, safety and welfare above the flood protection elevation or provision of adequate flood proofing to prevent flotation of storage containers, or damage to storage containers which could result in the escape of toxic materials into floodwaters.

(9)

Exemption from Filing a Floodplain Use Permit. An application for a floodplain use permit shall not be required for maintenance work such as roofing, painting and basement sealing, or for small nonstructural development activities (except for filling and grading) valued at less than $1,000.00. Any proposed action exempt from filing for a floodplain use permit is also exempt from the standards of this chapter.

(c)

Variances and Appeals in Special Flood Hazard Area.

(1)

In passing upon variance applications, the Planning Commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:

A.

The danger that materials may be swept onto other lands to the injury of others;

B.

The danger to life and property due to flooding or erosion damage;

C.

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

D.

The importance of the services provided by the proposed facility to the community;

E.

The availability of alternative locations, for the proposed use which are not subject to flooding or erosion damage;

F.

The necessity to the facility of a waterfront location, where applicable;

G.

The compatibility of the proposed use with existing and anticipated development;

H.

The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

I.

The safety of access to the property in times of flood for ordinary and emergency vehicles;

J.

The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

K.

The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.

(2)

Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that items (A) to (K) in subsection (1) hereof have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.

(3)

Upon consideration of the factors of Section 1117.10(c) and the purposes of this chapter, the Planning Commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

(4)

The City shall report any variances to the Federal Insurance Administration upon request.

(5)

Conditions for Variances.

A.

Variances may be issued for the repair, rehabilitation or restoration of historic structures listed on the National Register of Historic Places upon a determination that the proposed repair, rehabilitation or restoration will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

B.

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

C.

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

D.

Variances shall only be issued upon:

1.

A showing of good and sufficient cause;

2.

A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

3.

A determination that the granting of a variance will not result in increased flood heights beyond that which is allowed in this chapter, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

E.

Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the flood protection elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

(6)

Fees and Permits. Any person desiring to do or to cause to be done any work for which a permit is required by the floodplain zoning shall, at the time the permit is issued, pay all required fees as established in the Building and Zoning Fee Schedule and comply with all requirements set forth in Section 135.10 in Part One of these Codified Ordinances.

(d)

Floodplain Management. The duties and responsibilities of the City's Designee shall include, but are not limited to:

(1)

Permit Review.

A.

Review all floodplain use permits to determine that the permit requirements of this chapter have been satisfied.

B.

Review all floodplain use permits to determine that all necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required. The applicant shall be responsible for obtaining such permits as required including permits issued by the Department of the Army under Section ten of the Rivers and Harbors Act and Section 404 of the Clean Water Act.

C.

Review all floodplain use permits to determine if the proposed development is located within a designated floodway. Floodways are delineated in the Flood Boundary and Floodway Map or the Flood Insurance Rate Map of the Flood Insurance Study. Floodways may also be delineated in other sources of flood information. If the proposed development is located within a designated floodway, assure that the encroachment provision of Section 1113.01(k) are met.

D.

The City's Designee shall file all charges on behalf of the City of Gahanna for all violations of this chapter and such actions shall be the act of the City.

(2)

Use of Other Base Flood Elevation and Floodway Data. Areas of special flood hazard where base flood elevation data have not been provided by the Federal Emergency Management Agency in accordance with Section 1113.01(h), are designated as Zone A on the community's Flood Insurance Rate Map. Within these areas, the City shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, in order to administer Sections 1113.01(i)-(m).

(3)

Information to be Obtained and Maintained. Where base flood elevation data are utilized within areas of special flood hazard on a community's Flood Insurance Rate Map, regardless of the source of such data, the following provisions apply:

A.

Obtain and record the actual elevation in relation to mean sea level of the lowest floor, including basement, of all new or substantially improved structures, and record whether or not such structures contain an enclosure below the lowest floor;

B.

For all new or substantially improved flood proofed nonresidential structures:

1.

Verify and record the actual elevation (in relation to mean sea level) to which the structure was flood proofed; and

2.

Maintain the flood proofing documentations required in Section 1117.10(b)(1); and

3.

Maintain for public inspection all records pertaining to the provisions of this Chapter.

(4)

Alteration of Watercourses.

A.

Notify adjacent communities and the Ohio Department of Natural Resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. A watercourse is considered to be altered if any change occurs within its banks.

B.

Maintain engineering documentation that the flood carrying capacity of the altered or relocated portion of said watercourse will not be diminished.

C.

Require that necessary maintenance will be provided for the altered or relocated portion of said watercourse so that the flood carrying capacity will not be diminished.

(5)

Interpretation of Flood Boundaries. Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). Where a map boundary and field elevations disagree, the elevations delineated in the flood elevation profile shall prevail. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation.

(e)

Improvements.

(1)

Required Improvements.

A.

The owner of land who desires to develop it, and is required to submit Site Civil Engineering Plans, shall provide and pay the entire cost of improvements to such land as follows:

1.

Street improvements shall consist of grading the right-of-way for full width, construction of permanent curbing or roadway and construction of drainage structures and appurtenances. Two roof drain openings shall be provided in the curb for each lot and each drain shall not be more than four feet in from each side lot line, one on each side.

2.

Sanitary sewers, including manholes, services and all appurtenances.

3.

Water distribution system, including mains, services, valves, fire hydrants and all appurtenances.

4.

Pedestrian facilities (sidewalk and/or multi-use trail as directed by the City's Designee) on both sides of the street, plus curbs and sidewalks/multi-use trail on existing streets, as directed by the City's Designee.

5.

Storm sewers, including manholes, inlets and all appurtenances.

6.

Paved driveways, concrete or asphalt.

7.

Street lights in accordance with the specifications of Section 1117.10(f)(10).

B.

All phases of the improvement shall be approved by the City's Designee and shall be constructed in accordance with City requirements.

(2)

Inspection. The construction of all improvements shall be inspected at the time of installation by the City's Designee. Under no circumstances are such installations to be made without an inspector on the job. The City's Designee shall be notified at least three days before any applicable construction work is started.

(3)

Bond, Fees and Insurance.

A.

Before construction can substantially begin, the owner or developer shall provide either a bond acceptable to the City, a certified check, or a letter of credit from a bank, guaranteeing the completion of the publicly dedicated improvements and appurtenances within one year from the date of the agreement, or such time as may be agreed to by the City. Publicly dedicated improvements include public roadway, work performed within the right-of-way, and public utilities including storm sewer, sanitary sewer, water distribution infrastructure, and street lighting with appurtenances. The bond, certified check, or letter of credit from a bank shall be in an amount equal to the estimated cost to construct the publicly dedicated improvements. The cost estimate must be developed by a licensed engineer and approved by the City's Designee. This bond, the surety/guarantee bond, may be released once the improvement is constructed.

A maintenance bond, certified check, or letter of credit from a bank equal to the amount of ten percent of the preliminary estimated or actual construction cost shall be provided for the maintenance period of one year, beginning upon the certified completion of the improvements and appurtenances by the City's Designee or the date of acceptance of the improvements by Council. The maintenance period will begin upon the latter of these two dates, unless otherwise determined by the City's Designee. Should the amount be insufficient to cover all repairs required during this period, additional moneys shall be deposited by the owner or developer. If all funds are not expended, the unused balance shall be returned to the developer without interest.

Following the end of the one-year maintenance or warranty period, the City's Designee shall inspect the improvements. Any remaining bond(s) including the guarantee/surety bond and the maintenance bond will be released after all fees owed to the City by the owner or developer are paid and any and all deficiencies are corrected to the City's Designee standards.

B.

The developer shall pay all applicable fees included in the Engineering Fee Schedule prior to construction. Should the amount paid be insufficient to pay the cost thereof, the owner or developer shall immediately, upon demand, deposit such additional sums as are estimated to be necessary by the City's Designee. Upon certified completion of a project, as designated by the City's Designee, all remaining plan review and construction review fees, except for administrative fees, may be returned to the developer.

The as-built deposit shall be released when all the following conditions are met: as-built plans are provided to the City, the final punch list is generated, the final walkthrough inspection is completed, and the one-year warranty period has started. If as-built plans are not submitted within 120 days of the final walkthrough inspection, the as-built deposit shall become the property of the City. If the as-built deposit does not cover the cost of as-built plan production, additional expenses will be billed to the developer.

C.

In lieu of a bond for publicly dedicated improvements including storm sewer, sanitary sewer, and water distribution infrastructure improvements, the City may accept private agreements or "in lieu fees" for construction and maintenance. Such agreements shall be executed on forms approved and supplied by the City. In lieu fees must be as close as possible to the actual cost required to construct and maintain improvements for one year. The estimate for in lieu fees must be developed by a licensed engineer and agreed to by the City.

D.

The owner or developer shall hold the City free and harmless from any and all claims for damages of every nature arising or growing out of the construction of such improvements, and shall defend, at their own cost and expense, each and every suit or action brought against the City by reason thereof, until the improvement has been accepted by the City. The owner or developer, at the time of commencing construction, shall furnish proof to the City of liability insurance of not less than $1,000,000.00 each occurrence, $1,000,000.00 aggregate for bodily injury and $1,000,000.00 each occurrence, $1,000,000.00 aggregate for property damage.

E.

If any violation of, or noncompliance with any of the provisions and stipulations of this Ordinance occurs, the City shall have the right to stop the work forthwith and hold the bonding company responsible for the completion of the improvement or to use the certified check, or proceeds thereof, for such purpose.

(4)

Construction Drawings.

A.

All construction drawings shall be on a horizontal scale of one inch to 50 feet and a vertical scale of one inch to five feet. The sheet size shall be 22 inches by 36 inches.

B.

All drawings shall have the orientation of north, and lettering towards the top or to the right of the sheet, to coincide with the official street map of the City of Gahanna.

C.

Upon the approval and acceptance of all improvements, the original construction drawings for the improvements shall be revised to reflect the actual construction. All drawings, as an electronic submission (.PDF), shall become the property of the City and shall be on file with the Department of Engineering.

D.

Within 120 days after the City's Designee final walkthrough inspection, record drawings shall be submitted to the City's Designee. Record drawings are required to be submitted in electronic format as well as mylar form. All electronic record drawing information shall be contained on a technology approved by the City's Designee. The computer aided design (CAD) drawings shall have a drawing (.DWG) file type. A separate CAD drawing with all utilities shall be drafted in State Plane Coordinates. Private commercial developments shall include architectural building drawings in CAD. Sanitary and storm flow calculations should be included on the electronic format. They shall be made accessible through Microsoft Word and Excel. Consult with the City's Designee to determine which release of the software is acceptable for storage.

(f)

Standards.

(1)

Standards in General. Features of any proposed subdivision or development not specifically set out or provided for in this chapter shall be at least equal to the generally accepted good practice existing at the time such subdivision or development is proposed. Conformity to the applicable standards, not in conflict herewith, by the Mid-Ohio Regional Planning Commission (MORPC), of which this City is a contributing member, shall be deemed in compliance with this chapter.

(2)

Streets.

A.

Streets shall be dedicated to public use by the owner. Minor residential streets shall be so designed as to discourage their use by nonlocal traffic. Except where necessitated by local conditions, alleys will not be approved in residential districts. Dead-end alleys are prohibited in all districts. Easements for utilities must be provided along side or rear lot lines, where possible. Street rights of way shall have the following minimum widths:

1.

Primary (includes Federal, State and County roads which are main arteries of access to the City) 100 feet; an additional width of 45 feet shall be provided to accommodate a service drive, wherever lots are to face a primary road.

2.

Secondary (next in importance as avenues of access between sections of the City as opposed to commercial traffic and nonlocal traffic), 80 feet.

3.

Collector (within new subdivision), 60 feet.

4.

Minor (completely residential in nature), 50 feet.

5.

Cul-de-sac circles, a minimum diameter of 100 feet for right-of-way.

6.

Alleys, 20 feet.

7.

Easements, as required.

B.

Minimum pavement widths shall be as follows:

1.

Primary, variable as conditions may require.

2.

Secondary, 36 feet.

3.

Collector, 32 feet.

4.

Minor, 26 feet.

5.

Cul-de-sac circles, as approved by the City's Designee.

6.

Alleys, 18 feet.

7.

Service drives, 20 feet.

8.

Sidewalks (residential), five-foot minimum width; (commercial), to be as approved by the Engineer.

C.

The maximum grades shall be:

1.

Primary streets, four percent.

2.

Secondary streets, five percent.

3.

Collector, minor streets and alleys, six percent.

(a)

The minimum grade for any street shall be one-half of one percent at the gutter, unless otherwise approved by the City's Designee. Street intersections shall be rounded by radii not less than 20 feet at the curb line. Sidewalks shall be located as approved by the City's Designee.

4.

All street construction and specifications for materials shall be in conformity with standards required by the City.

5.

The plans must bear the approval of the City's Designee and the Mayor. Places shall be provided for such signatures.

(3)

Sanitary Sewers.

A.

Plans and profiles of sanitary sewers shall be submitted to the City. All grades, pipe sizes, manholes and other appurtenances shall be shown and such installation and materials shall be in conformity with City requirements.

B.

Sewer plans must bear the approval of the City's Designee and the Mayor. Places shall be provided for such signatures.

(4)

Water Distribution Systems.

A.

Plans of proposed water distribution systems shall be submitted to the City. All plans must show pipe sizes, locations of valves, fire hydrants and other appurtenances. Such installation and materials shall be in conformity with City requirements.

B.

Water distribution system plans must bear the approval of the City's Designee. Places shall be provided for such signatures.

(5)

Storm Sewer Systems.

A.

Proposed storm sewers, including grades, pipe sizes, manholes, inlets and appurtenances may be shown on the street improvement plans. Installation and materials shall be in conformity with City requirements.

B.

The owner or developer shall follow the recommendations of the City's Designee with regard to the proper method and direction of drainage stormwater, following a review of the proposed plan of such drainage as submitted by the owner, developer, or engineer.

C.

The storm sewer plans, if not incorporated as part of the street improvement plans, must bear the approval of the City's Designee and the Mayor. Places shall be provided for such signatures.

(6)

Lots and Blocks.

A.

Every lot shall abut and have frontage on a dedicated street.

B.

At the intersection of two streets, property line corners shall be rounded by an arc of a minimum ten-foot radius.

C.

Size, shape and orientation of residential lots shall be appropriate to the location of the proposed subdivision and for the types of development contemplated and in conformity with the Zoning Ordinance, with proper regard given yard areas, setback lines, etc. Excessive depth in relation to length shall be avoided.

D.

A proportion of two to one depth to frontage shall be normal for lots having a width of 60 feet or more. Depths in excess of three times the lot width are not recommended. Side lines of lots shall be approximately at right angles or radial to the street line. Corner lots shall have extra width sufficient to permit maintenance of building lines of both the front and sides of the lot.

E.

The maximum length of blocks may not exceed 1,800 feet, except where topographic conditions require longer blocks, nor shall they be less than 400 feet in length. Wherever blocks are longer than 900 feet, crosswalks or crosswalk easements not less than ten feet in width may be required near the center of the block, and Council may require that a sidewalk or multi-use trail be constructed in accordance with the City standards. The width of a block shall normally be sufficient to allow two tiers of lots of appropriate depth. Where frontage on a primary street is involved, the long dimension of the block shall front thereon, in order to minimize access intersections.

(7)

Drainage.

A.

General. The Planning Commission shall not approve any subdivision having inadequate storm drainage or other physical drainage impairment, as determined by the City's Designee. In areas known to be subject to periodic floods, such drainage improvements must be made as to satisfy the aforementioned public officers, in order that the safety, health and welfare of the people will be protected.

B.

Protection of Drainage Courses. No natural drainage course shall be altered and no fill, buildings or structures shall be placed in it, unless provisions are made for the flow of water in a manner satisfactory to the City's Designee. An easement shall be provided on both sides of any existing important surface drainage course adequate for the purpose of protecting, widening, deepening, enclosing or otherwise improving such stream for drainage purposes.

C.

Lot Drainage. A master grade plan shall be prepared for all subdivisions and shall be presented to the City's Designee for review and approval. The grading plan shall show the existing topography, the proposed street grades and the proposed storm sewers with pipe sizes and grades. It shall also show the proposed elevation at each lot corner, the proposed finish grades at the house and shall delineate the method of rear yard drainage by showing proposed swales and direction of surface slope by arrows. The grading plan shall follow the standards established for such grading by the Federal Housing Administration.

Wherever possible, with exceptions being made where the topography of an area does not permit such grading practice, lots shall be graded from the rear lot line to the street. Where a lot abuts directly on two streets, the grade shall be from the corner of the lot which is diagonally opposed to the corner of the two streets on which the lot abuts. This regulation is included in a desire to reduce the amount of water standing in yards to a minimum. Therefore, where it is not possible to grade a lot in the prescribed manner, the owner or developer shall provide for the adequate drainage of any and all low areas and tie such drainage into and make it a part of the storm sewer system of the development and the City, as directed by the City's Designee, with approval of such drainage subject to inspection along with other storm sewer installations.

D.

Gutters and Downspouts. All buildings and structures or appurtenances thereto erected within the City shall be provided with gutters and downspouts for the purpose of collecting and channeling roof water from such buildings and structures.

E.

Garage Construction. Except upon written approval of the City's Designee, garage floors shall not be constructed less than 12 inches above the top of the curb elevation.

(8)

Street Construction.

A.

Henceforth the minimum requirements for residential streets in the City shall be in accordance to the latest edition of the standard drawings, and Construction and Material Specifications of the City of Columbus, or as directed by the City's Designee.

B.

In addition to the specifications for the construction of public streets in the City now found in subsection (a) hereof, henceforth it shall be lawful to build public streets in the City in accordance with the specifications now in force for the building of public streets in the City of Columbus, Ohio, so long as such specifications are determined by the City Engineers to be of a higher type construction than the specifications approved by the City in subsection (a) hereof.

(9)

Rights-Of-Way for Connecting Streets Between Subdivisions.

A.

Certain special standards will apply on streets designated by the Planning Commission and/or the City Thoroughfare Plan as being connecting streets between subdivisions.

B.

The minimum right-of-way for such streets will be 60 feet.

C.

The minimum pavement width for such streets will be 36 feet.

(10)

Street Lighting. The City's Designee shall cause to be prepared and designed, specifications for street lighting in accordance with the following standards:

A.

Design and Layout. The design and layout for the street lighting, the underground wiring and other pertinent equipment to be used shall be designed by a registered engineer, and approved by the City's Designee.

1.

All energy lines leading to the light standard shall be underground in new developing subdivisions.

2.

All street lighting designs to be coordinated with the supplier of electric energy. Two drawings for each street lighting layout shall be submitted to the supplier of electric energy for record purposes.

3.

Street lights are to be installed in accordance with street lighting specifications of the City, which will be kept on file in the office of the City's Designee.

4.

The drawings and specification sheets for street light standards, luminaries, lamps and pedestal termination points will be available at the office of the City's Designee.

5.

All connections to the supplier of electric energy secondary service locations shall be made by the supplier.

B.

Lights to be Installed before Acceptance. Any person, firm or corporation desiring a final acceptance of a street, shall before this final acceptance is granted, have the street lights installed and ready for use.

C.

Maintenance Responsibility of City. It shall be the responsibility of the City to secure and pay the cost of the energy for lighting and assume the maintenance costs of the installations following expiration of the developer's one full year of total maintenance.

D.

Damage to Distribution System. Any contractor or agent for the developer, while in the process of installing street lights, who damages the distribution system of electric energy supplier shall be liable for such damages and for any other cost as a result of such damages, and may charge and receive payment for such damages from the party responsible.

E.

Completion Bond Required. If conditions are such that street lights cannot be installed prior to the acceptance of the streets upon which these lights are to be installed, as required in subsection (b) above, the person, firm or corporation requesting acceptance of such streets shall deposit with the City's Designee, an amount of cash or collectible funds, or performance bond in a form satisfactory to the City Attorney, equal to one and one-half times the estimated cost of the installation of these lights, as security for the installation of such lights which installation shall be completed within six months of the date of deposit of the funds or bond. Failure on the part of such person, firm or corporation to complete this installation within six months period shall be cause for the City's Designee to order the installation by such other contractor as the City's Designee chooses and cause the cost of the installation to be paid from the funds or bonds so deposited. That portion of these funds not used for such installation shall be returned to the depositor at the completion and acceptance by the City of such street lighting installation.

F.

Easement for Energy Lines to Light Standards. The developer shall provide the necessary easement for street lighting. The City will coordinate with the developer where necessary, the easement leading to the electric lighting standard so that lighting may be properly spaced.

G.

Location for Plan. The location, in plan view, of the street lighting, shall be incorporated in the street, storm and water plan.

(11)

Environmental Plan.

A.

An environmental plan shall be required to be submitted with the plat. This plan is required so that all environmental concerns are evaluated before a development occurs and to ensure that the natural environment is protected. Such environmental plan shall include, but not be limited to, the following items:

1.

Description of the general nature of the proposed action/development;

2.

Description of the existing environmental features on the property, such as woodlands, ravines, floodplains, streams, lakes, ponds and/or steep slopes;

3.

Description of the potential environmental impact of the action/development; and

4.

Description of alternatives and other proposed actions to avoid, minimize and mitigate any potential short-term or long-term adverse impacts.

B.

An impact statement is also required with the environmental plan. It shall include a statement of the short and long term direct and indirect impacts of the proposed development on natural features of the property including, but not limited to soils, geology, surface water and ground water, vegetation, wetlands, woodlands, wildlife, air, reflected or generated light, noise, historical areas and visual aesthetics.

C.

If conditions exist that the development may cause significant adverse impacts to the environment of the site or surrounding properties, the City may request the submission of a mitigation statement by the applicant that would become part of the environmental plan. This mitigation statement shall include the following:

1.

A plan showing the location of natural features that are to be disturbed and undisturbed.

2.

A plan showing the location of the proposed buffer zones and preservation zones that will alleviate the adverse impacts of the development.

3.

A statement which addresses the plans for mitigating the adverse environmental impacts. The replacement or restoration of areas which are considered to be environmentally significant shall be addressed. This replacement or restoration statement shall include type, size and amount of materials and/or vegetation.

4.

A statement which includes any other means by which the developer plans to lessen the environmental impacts.

5.

Any other items that may be requested by the City.

D.

The Planning Commission shall consider the environmental plan when deciding on the plat.

(Ord. No. 0007-2024, § 2(Exh. A), 4-1-24); Ord. No. 0001-2025, § 1(Exh. A), 3-3-25)