This Unified Development Ordinance shall be known and may be cited as the Unified Development Ordinance of the City of Upper Arlington, Ohio, the UDO, the Unified Development Ordinance, or just the ordinance.

The authority to adopt this UDO within the City of Upper Arlington, Ohio, is derived from the authority provided under Section 15 of the Charter of the City of Upper Arlington, Ohio and from the powers granted and limitations imposed by the Ohio Revised Code. Whenever the Charter or other laws referenced in this UDO have been amended or superseded, this UDO shall be deemed to have been amended in reference to the new or revised Charter or other laws.

This UDO shall apply to all land and land development within the incorporated area of the City of Upper Arlington, Ohio. The City may exercise extraterritorial jurisdiction for a distance of up to three (3) miles of its corporate limits if county or township zoning is not in effect within the area as provided in ORC § 711.09 and the City has adopted a major thoroughfare, parks, and public open space plan for the territory within the City limits and within three (3) miles of the City. The Board of Zoning and Planning may receive advice from the county or regional planning commission upon all subdivisions plats located within three (3) miles of the corporate limits.

This UDO was enacted by Ordinance No. 29-2002, passed by the Upper Arlington City Council on April 22, 2002, and shall become effective on May 22, 2002.

The City of Upper Arlington Planning and Zoning Code, passed December 18, 1961 (Ordinance No. 88-61) and the City of Upper Arlington Subdivision Regulations, passed on February 13, 1967 (Ordinance No. 85-66), as amended, are hereby repealed. This UDO and the referenced official zoning map replace the repealed planning and zoning code and subdivision regulations.

This ordinance is enacted in accordance with the Master Plan for the City of Upper Arlington and for the purpose of promoting the public health, safety, morals, convenience, and general welfare; establishing land use classifications; dividing the City into districts; imposing regulations, restrictions and prohibitions upon the use, subdivision and occupancy of real property; limiting the height, area and mass of buildings and other structures; providing for standards of performance and subdivision design; recognizing the City's residential character while enhancing community redevelopment and revitalization, including town centers, community focal points, mixed uses, open/green space and quality residential and commercial development that serves the community's needs; and providing for the administration and enforcement thereof. This ordinance is also enacted to assure the redevelopment of certain commercial areas of the City, including those identified in the master plan-study area plan, is in accordance with the design guidelines set forth in Article 7.

In their interpretation and application, the provisions of this UDO shall be the minimum requirements, unless otherwise noted, and shall be deemed neither to limit nor repeal any other powers granted to the City under its charter and ordinances or under state statutes.

It is not intended by this Ordinance to repeal, abrogate, annul, or in any way impair or interfere with any existing ordinances or provisions of law, or with any rules, regulations or permits previously adopted or issued pursuant to law, relating to the use of buildings and land, except as provided for in C.O. Section 1.05 herein.

Where this Ordinance imposes a greater restriction on the use of buildings or premises, or on the heights of buildings, or requires larger yards, courts, or other open spaces than are imposed or required by such existing provisions, the provisions of this Ordinance shall prevail and control to the extent permitted by law.

The Master Plan for the City of Upper Arlington, or Master Plan as referenced in the UDO, consists of Volumes I, II, and III, adopted on March 11, 2013, and as amended. It establishes the goals, objectives and strategies that serve as a basis for the UDO. All regulations or amendments adopted pursuant to this Ordinance shall be consistent with the master plan as adopted and revised or updated. In cases of inconsistency with other regulations or amendments, the UDO regulations shall prevail.

Except as specified herein, no land shall be subdivided, no building, structure, premises, or part thereof shall be used, occupied, located, moved, erected, constructed, reconstructed, converted, extended, enlarged, or altered except in conformity and full compliance with the regulations herein specified for the district in which it is located.

City Council shall establish by ordinance a schedule of fees for all permits and applications required by the UDO. In so doing, the City Council shall consider the recommendations of the Director of Community Development with respect to actual administrative costs.

(Ord. No. 87-2015, § 5, 12-14-2015)

Each chapter, section, paragraph, sentence, clause, phrase or other divisible part of the UDO is hereby declared to be severable. If any such chapter, section, paragraph, sentence, clause, phrase, or other divisible part of the UDO is declared unconstitutional or otherwise invalid (by any court of competent jurisdiction in a valid judgment or decree), such unconstitutionality or invalidity shall not affect any of the remaining chapters, sections, paragraphs, sentences, clauses, phrases, or other divisible parts of the UDO.