Explanation
BACKGROUND
Ordinance #0830-2024, passed March 25, 2024, amended various sections in Title 33 of the Columbus City Codes pertaining to Council actions on zoning and the Zone In Initiative. One of the amendments included changes that stipulated that rezoning into a Title 34 2024 Zoning Code district could only be accomplished as an initiated act of Council in a Zone In phase.
Phase One of Zone In was implemented on July 29, 2024, with the passage of Ordinance #2112-2024, which established Title 34, the 2024 Zoning Code, and Ordinance #2113-2024, which rezoned approximately 12,300 parcels into new Title 34 mixed use districts.
The Zone In Leadership Team has been working to establish procedures for how Title 33 parcels that were not included in Phase One could be rezoned to Title 34 2024 Zoning Code districts while comprehensive and more timely phased Zone In efforts continue.
One procedure is the “Update” process, wherein blocks of parcels not included in the initial Phase One focus area, but where community support and criteria for inclusion is evident, could go through the same process as Phase One with a 60-day comment period. That process is occurring with the Phase One Update of the 161 Corridor in the Northland area. At some point, other mixed-use corridors that were not included in the initial focus area or the 161 update area may go through this same process.
The other procedure is the “Opt In” process, which is an applicant-driven rezoning process wherein an application may be filed with the Department of Building and Zoning Services requesting the same or a less intense 2024 Zoning Code district for a parcel that is immediately contiguous to a parcel that was rezoned as part of the initial Phase One rezoning or the Update into a Title 34 district.
The applicant-driven rezoning process includes two scenarios. In the first scenario, a parcel in a Title 33 district that is contiguous to a 2024 Zoning Code district parcel is combined into one parcel, and the majority of that parcel is within the 2024 Zoning Code district. Those parcels will be subject to an application that will be reviewed by the department and submitted with a recommendation from the City Departments directly to City Council for consideration. In the second scenario, a combined parcel that is less than 50% within a 2024 Zoning Code district, or a parcel contiguous to a 2024 Zoning Code parcel, will be subject to the standard rezoning process, which includes a recommendation from City Departments, the applicable area commission or civic association, and the Development Commission before being considered by Council. In both cases, the public will have the opportunity to provide input. The contiguous parcel must have existed in its current configuration upon the adoption of Phase One or a Phase One update, and must be combined with or be included in the same development project as the parcel in the Title 34 district, unless the contiguous parcel fronts upon the same corridor as the Title 34 district parcel. The Opt-In process would allow expanded project sites and more opportunities to increase housing capacity, while eliminating the site by site negotiation for variances that would be needed if the parcel remained in a Title 33 district.
A change to City Code Chapter 3310 is necessary to allow the Opt-In process. This amendment will continue Council’s efforts to further key aspects of the Zone In Initiative to leverage additional housing for Columbus and foster connected communities.
Title
To amend Chapter 3310 to allow an Opt-In process for contiguous parcels to rezone from a Title 33 zoning district to a Title 34 district.
Body
WHEREAS, Columbus embarked on the Zone In initiative with the goal of creating a more effective, equitable, and sustainable framework for guiding land use, development, and growth; and
WHEREAS, Ordinance #0830-2024, passed March 25, 2024, amended various sections in Title 33 of the Columbus City Codes, pertaining to Council actions on zoning and the Zone In Initiative, including a stipulation that rezoning into a Title 34 2024 Zoning Code district could only be accomplished as part of a Council-initiated Zone In phase; and
WHEREAS, Phase One of Zone In was implemented on July 29, 2024, with City Council rezoning approximately 12,300 parcels into newly created mixed use districts; and
WHEREAS, the Zone In Leadership Team has been working to establish procedures for how Title 33 parcels that were not included in Phase One could be rezoned to Title 34 districts while comprehensive and more timely phased Zone In efforts continue; and
WHEREAS, this ordinance would amend City Code Chapter 3310 in order to allow for applicant-driven rezoning of a contiguous property from a Title 33 zoning district to a Title 34 district; NOW, THEREFORE:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the existing Section 3310.01 of the Columbus City Codes is hereby amended to read as follows:
3310.01 - Application for amendment to the Zoning Map.
(A) Any Except as otherwise prohibited by this section, person may apply to city council through the department for an amendment of the Zoning Map as it relates to a particular property located in a district of this Zoning Code, on a form provided for that purpose by the department and filed in its office with the required fee in accordance with Section 3305.05. Such application shall be processed according to the provisions of this chapter. An application may include more than one lot or parcel of land provided that all are contiguous to each other. For the purpose of complying with this section and computing the fee required, lots or parcels separated only by a public street, alley, or railroad line shall be considered as contiguous to each other. The development commission shall review applications for amendment of the Zoning Map made pursuant to this Zoning Code and make recommendations thereon to council.
(B) No application that proposes to rezone a property from a district under the 2024 Zoning Code to a district under this Zoning Code shall be accepted by the Department. Any property in a 2024 Zoning Code district shall only be permitted to rezone to another 2024 Zoning Code district and shall follow the application process provided for in division (A) of this section. Such application shall be processed according to the procedural provisions of Title 33.
(C) No application that proposes to rezone a property from a district under this Zoning Code to a district under the 2024 Zoning Code shall be accepted by the Department unless it is for a parcel that is immediately contiguous to a parcel that was rezoned by council to the 2024 Zoning Code pursuant to 3310.02(B) provided that:
(1) The application seeks to rezone the contiguous parcel to the same 2024 Zoning Code district or to a less intense 2024 Zoning Code district as the contiguous 2024 Zoning Code district parcel; and
(2) The contiguous parcel appeared on the Zoning Map at the time Ordinance #2113-2024 was enacted; and
(3) The contiguous parcel has not been combined with any other Title 33 parcel following the effective date of Ordinance #2113-2024 and Ordinance #1417-2025; and
(4) Unless the contiguous parcel fronts upon the same street as its contiguous 2024 Zoning Code district parcel, the contiguous parcel must be combined with a contiguous 2024 Zoning Code district parcel or be shown on a site compliance plan as part of a common project with a contiguous 2024 Zoning Code district parcel.
a. In cases of combined parcels, where the majority of the proposed combined parcel is already within a 2024 Zoning Code district (over 50% of the new combined parcel area) such application shall be reviewed by the department and submitted with the department’s recommendation directly to council;
b. In cases where parcels are not combined with a 2024 Zoning Code district parcel, or where the proposed combined parcel contains less than 50% of the new combined parcel area within a 2024 Zoning Code district, such application shall follow the process provided for in division (A) of this section and be processed according to the procedural provisions of Title 33.
For the purpose of complying with this division, lots or parcels separated only by a public street, alley, or railroad line shall be considered as contiguous to each other.
(C) Any property in a 2024 Zoning Code district shall only be permitted to rezone to another 2024 Zoning Code district and shall follow the application process provided for in division (A) of this section. Such application shall be processed according to the procedural provisions of Title 33.
(D) Provisions of this Zoning Code shall not apply to a property that is rezoned into a district of the 2024 Zoning Code unless specifically provided for in this Zoning Code or the 2024 Zoning Code.
SECTION 2. That the existing Section 3310.02 of the Columbus City Codes is hereby amended to read as follows:
3310.02 - Council initiatives to amend the Zoning Map.
(A) City council may on its own motion or petition, after public notice and hearing, amend the Zoning Map, districts, or regulations.
(B) City Council, by way of Resolution 0179X-2023, expressed its intent to adopt and support the goals and priorities of the Zone In Initiative that have resulted in the creation of the 2024 Zoning Code. Consistent with that Resolution, and in furtherance of the purposes and policies of the Zone In Initiative, Council may move to amend the Zoning Map to rezone properties in phases in accordance with the Zone In Initiative from Title 33 Zoning Code district designations to Title 34 2024 Zoning Code district designations. The rezoning of properties from a Title 33 Zoning Code district to a Title 34 2024 Zoning Code district shall occur only as an initiated act of Council except as provided for in Section 3310.01.
(C) Council initiatives to amend the Zoning Map as it relates to a particular property that has been rezoned into a district of the 2024 Zoning Code shall be made in accordance with the process established in division (A) of this section, and as may be provided for in Title 34 of the Columbus City Codes. Provisions of this Zoning Code do not apply to a property that has been rezoned into a district of the 2024 Zoning Code, except as specifically provided for in the 2024 Zoning Code or in this chapter.
SECTION 3. That existing sections 3310.01 and 3310.02 of the Columbus City Codes are hereby repealed.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.