Explanation
BACKGROUND: This ordinance updates and clarifies sections of Chapter 3390 of the Zoning Code that regulates the establishment and operation of temporary uses in the city. The operation of certain temporary uses has evolved over time, and today includes temporary storage systems not envisioned when the current codes were promulgated, thus requiring the codes regulating these to be kept updated and modernized.
Over time, public attitude towards temporary uses and approved special events has changed and as these uses have gained acceptance, the community is seeing a greater number of events held every year. The city has a duty and obligation to protect the health, safety, and welfare of the citizens of the neighborhoods in which these events are held by regulating temporary uses. This ordinance will assure that standards for land uses not designed or intended to be permanent in nature are properly addressed and that temporary storage systems are appropriately regulated.
The Columbus Development Commission, at its monthly public meeting held on June 23, 2005, has reviewed this proposed ordinance and subsequently has recommended its approval and submission to City Council for consideration.
FISCAL IMPACT: No funding is required for this legislation.
Title
To amend Chapter 3390, "Temporary Uses," of the Columbus Zoning Code, Title 33, in order to update definitions and to enhance implementation and enforcement of code standards relating to temporary uses and on-demand, portable storage.
Body
WHEREAS, the operation of certain temporary uses has evolved over time, and today includes temporary storage systems not envisioned when the current codes were promulgated, thus requiring the codes regulating these to be kept updated and modernized; and
WHEREAS, over time, public attitude towards temporary uses and approved special events has changed and as these uses have gained acceptance, the community is seeing a greater number of events held every year; and
WHEREAS, the city has a duty and obligation to protect the health, safety, and welfare of the citizens of the neighborhoods in which these events are held by regulating temporary uses; and
WHEREAS, this ordinance will assure that standards for land uses not designed or intended to be permanent in nature are properly addressed and that temporary storage systems are appropriately regulated; and
WHEREAS, the Columbus Development Commission, at it monthly public meeting held on June 23, 2005, has reviewed this proposed ordinance and subsequently has recommended its approval and submission to City Council for consideration; now, therefore;
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS
Section 1. That section 3303.16 of the Columbus City Codes, 1959, is hereby amended to include the following definition:
3303.16 Letter P.
"Panel antenna" means the combination of a rectangular panel not to exceed two (2) feet wide by six (6) feet tall by six (6) inches deep and any associated support structure used to facilitate wireless radio and telecommunication transmissions. This definition excludes lattice, guyed, dish or erector-style antennas.
"Parking space" means a rectangular area of not less than nine (9) feet by eighteen (18) feet, exclusive of any driveway or other circulation area, accessible from a street, alley, or maneuvering area and designed for parking a motor vehicle.
"Parking lot" means any off-street area or facility which meets one (1) of the following conditions:
1. Contains one (1) or more parking, loading or stacking space for commercial, institutional or industrial use; or
2. Contains five (5) or more parking spaces for any residential use.
"Pennant" means a flag or banner that is triangular in shape. (See "Banner," "Flag" and "String of pennants.")
Permanent Sign. See "Sign."
"Person" means, without limitation, a natural person, his heirs, executors, administrators, or assigns, and also includes a corporation, partnership, an unincorporated society or association, or any other type of business or association, including respective successors or assigns, recognized now or in the future under the laws of the state or the city.
"Personal assistance" means supervision as required and services including help in walking, bathing, dressing, feeding, or getting in and out of bed.
"Pitch" means the slope of a roof expressed in feet as a ratio of vertical rise to horizontal run.
"Pole cover" means a decorative enclosure that covers the structural support of a sign.
Political Sign. See "Sign."
"Porch" means a roofed platform projecting from a building at an entrance and is separated from the building by the walls of the building, and is partially supported by piers, posts or columns. A porch may be open, enclosed or partially enclosed. "Open porch" means a porch which is unenclosed (except possibly for screens) by anything higher than thirty-six (36) inches above the floor except for the roof and roof supports.
"Portable building" means any building or vehicle designed with running gear permanently attached for transportation on the public streets and highways under its own power or towed behind another vehicle, arriving at the site, substantially ready for use, whether for residential, office, commercial or manufacturing use. Removal of packing and baffles; interconnection of two (2) or more buildings or vehicles; and connection of or to utilities shall not be considered in determining whether a portable building is substantially ready for use. The towing hitch, wheels, axles, and other running gear may not be removed from a portable building preventing it from being portable.
Portable Sign. See "Sign."
"Portable Storage Container" means a non-permanent, non-habitable, self-contained structure of less than 169 square feet in size and eight (8) feet in height designed for temporary placement on and subsequent removal from a parcel for the purpose of facilitating off-site storage.
"Premises" means land together with the buildings and structures thereon.
"Private access" means driveway as defined and regulated in the parking chapter hereof.
"Private club" means a building and accessory facilities owned and operated by an association, a corporation, or a group of individuals established for the cultural, educational, fraternal, recreational, or social enrichment of its members and not primarily for profit, and whose members pay dues and meet certain prescribed qualifications for membership.
"Private garage" means a building or portion of a building for the housing of motor vehicles as an accessory use permitted in a residential district or an apartment district and in which no service, work, trade, occupation, or business is carried on connected in any way with a motor vehicle as defined by Ohio Revised Code Section 4511.01.
"Private residence" means a place of usual or customary abode.
"Private roadway" means a privately owned and maintained strip of land designed, improved, and intended to be used for vehicular traffic.
Projecting Sign. See "Sign."
Projector Graphic. See "Graphic."
Property Frontage. See "Frontage."
Property Owner. See "Owner."
"Public garage" means any building or portion of a building other than a private garage, for the housing of commercial or noncommercial motor vehicles.
"Public notice" of a hearing or proceedings means ten (10) days notice of the time and place thereof printed (see "printed" in 101.03 Interpretation) in The City Bulletin.
"Public nuisance" means any structure which is permitted to be or remain in any of the following conditions:
(A) In a dilapidated, decayed, unsafe or unsanitary condition detrimental to the public health, safety, and welfare, or well being of the surrounding area; or
(B) A fire hazard; or
(C) Any vacant building that is not secured and maintained in compliance with Chapter 4513; or
(D) Land, real estate, houses, buildings, residences, apartments, or premises of any kind which are used in violation of any division of Section 2925.13, Ohio Revised Code.
"Public nuisance" also means any structure or real property which is not in compliance with any building, housing, zoning, fire, safety, air pollution, health or sanitation ordinance of the Columbus City Code or Columbus City Health Code, or any real property upon which its real property taxes have remained unpaid in excess of one (1) year from date of assessment.
"Public service announcement" means a temporary graphic display for the purpose of informing the public about events or activities involving the arts, or involving community service or not-for-profit organizations.
Public Sign. See "Public graphic" and "Sign."
"Public way" means an alley, boulevard, bridge, channel, ditch, easement, expressway, freeway, highway, lane, parkway, right-of-way, road, sidewalk, street, subway, tunnel, viaduct, walk or other way in which a public entity has a proprietary right, or which is dedicated whether or not it has been improved.
Section 2. That section 3303.20 of the Columbus City Codes, 1959, is hereby amended to include the following definition:
3303.20 Letter T.
Temporary sign. See "Sign."
"Temporary use" means the application of a parcel of land, building, or structure, to a particular purpose intended or designed to be used, or used in a non-permanent manner for a specific limited period of time as prescribed in this Code.
"Tenant panel" means that portion of a ground sign for an institutional, commercial, or manufacturing complex which identifies any one tenant or activity.
"Tenement house" means a house or building all or any portion of which is rented, leased, let or hired out to be occupied or is intended, arranged or designed to be occupied as the home or residence of two (2) or more families living independently of each other and doing their cooking upon the premises, and having a common right in the halls and or stairways, but having no water supplied and drains connected for bath and or washstand within each apartment.
"Through lot" means a lot which has either opposite ends, or opposite sides, each abutting a public street.
"Town house" means one (1) dwelling unit of a row situated on its own lot in a recorded subdivision.
"Town house development" means a residential development of town houses as regulated by Chapter 3333, C.C.
"Trade" embraces such commercial activities as are entailed in interchange, but not including operations of manufacture.
Trailer Sign. See "Sign."
"Two-family dwelling" means a residential building consisting of two (2) dwelling units each of which adjoins the other either horizontally or vertically, and is arranged, intended or designed for one (1) family. Each dwelling unit shall have its own separate, private means of ingress and egress. The term "two-family dwelling" shall not include a manufactured home or a mobile home.
Section 3. That Chapter 3390 of the Columbus City Codes, 1959, is hereby amended to read as follows:
3390.01 Purpose.
The purpose of this chapter is to permit certain uses on a temporary basis. This administrative procedure will assure that standards are addressed and that the temporary use is limited to a specific period of time.
3390.02 No Temporary Use Permit required.
For purposes of the Zoning Code and subject to the provisions of this chapter, the following temporary uses are permitted without a Temporary Use Permit when operated or conducted in accordance with the conditions specified.
(A) An A Special Event such as a tent assembly, carnival or a circus is permitted on any lot developed with an existing religious, educational or fraternal organization building in any residential district, or on any lot in any commercial or industrial district for a period not to exceed fifteen (15) calendar days and a maximum of two (2) times a calendar year each year. No structure or equipment shall be placed within twenty (20) feet of any residential building or structure.
(B) A Christmas tree sales lot seasonal sales lot is permitted on any parcel lot developed with an existing religious, educational or fraternal organization building in any residential or institutional zoning district, or on any parcel lot in any commercial or industrial manufacturing zoning district for a period not to exceed forty-five (45) calendar sixty (60) days and a maximum of two (2) times a calendar year. provided, however, that on any such lot shall be cleared by the first day of January. In a commercial or manufacturing district A temporary structure or portable building may be used on such parcel lot but only if all applicable permits for the temporary use permit has have been obtained for such structure or portable building. No structure or equipment shall be placed within twenty (20) feet of any residential building or structure. Off-street parking requirements for subject parcel shall not be enforced during the period that such temporary use complies with this chapter.
(C) A garage or yard sale for the exclusive benefit of the property owner is permitted on any parcel lot in any residential, commercial or industrial district for a maximum of two (2) times each calendar year and a maximum of four (4) consecutive calendar days at a time.
(D) An assembly in a tent is permitted on any lot developed with an existing religious, educational or fraternal organization building in any residential district, or on any lot in any commercial or industrial district for a period not to exceed thirty (30) days and a maximum of two (2) times each year. No structure or equipment shall be placed within twenty (20) feet of any residential building or structure. Off-street parking requirements for subject lot shall not be enforced during the period that such temporary use complies with this chapter.
(E) (D) A Temporary Parking Lot for a special event open to the general public is permitted on any parcel lot properly zoned to permit parking for a period not to exceed twenty-one (21) forty-five (45) calendar days and a maximum of two (2) one (1) times each calendar year. Parking lot requirements for the subject parcel lot shall not be enforced during the period that such temporary use complies with this chapter.
(E) Portable Storage Containers Portable storage containers are a temporary structure designed for storage that are less than 169 square feet in size and eight (8) feet in height that may be delivered onsite by a commercial enterprise then picked up and removed to a commercial storage facility or the customer's destination. Portable storage containers are permitted as a non-permanent accessory use to provide temporary storage for moving and similar short-term purposes.
One (1) portable storage container may be located on any parcel for two non-sequential periods, not exceeding fourteen (14) days for each period, per calendar year. The portable storage container shall be situated on an improved surface when possible and not block any sidewalk. A portable storage container is not permitted as a permanent accessory storage structure regardless of the proposed location of the unit on a parcel.
3390.03 Authority to issue.
The Director administrator is authorized to grant or extend a Temporary Use Permit for a specified temporary use in accordance with the provisions of this chapter.
3390.04 Temporary Use Permit required.
No person shall use any building, structure, or parcel premises or erect any building or structure for particular uses specified in this section except in compliance with a Temporary Use Permit issued by the Director administrator as provided for in this chapter:
(A) A real estate office is permitted in any residential subdivision actively under construction, as determined by the Director administrator, for the purpose of selling lots in such subdivision. A model home may be used as a temporary sales office. A Temporary Use Permit for such use may be issued for one (1) year from date of issuance. At the end of a year, a new Temporary Use Permit valid for one (1) year from the date of issuance may be issued if the Director administrator determines that such subdivision is still actively under construction. A Temporary Use Permit may be issued for a mobile home or portable building to be used as a temporary sales office to allow earlier sales for new developments pending completion of a furnished model home. Off-street parking requirements for the subject parcel lot shall not be enforced during the term of either permit.
(B) A mobile home for emergency housing for the victim of a fire or catastrophic loss is permitted on the parcel lot where such loss occurred. A Temporary Use Permit for such use may be issued for ninety (90) calendar days, renewable for an additional maximum term or ninety (90) calendar days.
(C) A The temporary use of a building for an approved special event seasonal celebrations such as a "haunted house" is permitted in any residential, commercial or industrial zoning district for a period not to exceed forty-five (45) calendar thirty (30) days one (1) time each calendar year.
(D) A temporary structure or portable building is permitted on Christmas tree sales lot in a commercial or manufacturing district. A Temporary Use Permit may be issued for a period not to exceed sixty (60) days and shall provide that such structure or building shall be removed by the first day of January.
3390.041 Temporary Use Permit for a Temporary Parking Lot.
Repealed by Ordinance 1486-95. Any existing Temporary Permit shall expire as heretofore provided but in any event no later than two (2) years after the effective date of Ordinance 1486-95.
3390.042 Special Permit Temporary Parking Lot.
Pursuant to Chapter 3389 and in accordance with the conditions therein and imposed thereby, a Special Permit for a Temporary Parking Lot may be issued by the Board of Zoning Adjustment for a term of no more than two (2) calendar years.
3390.05 Use limitations.
One who engages in a temporary use shall insure that:
(a) All Principal and accessory buildings, structures and uses on any parcel lot together with any temporary use comply with all building lines and the side yard setback requirements and front setback provisions of the zoning district in which they are located;
(b) Any signs will be erected in compliance with the Graphics Code;
(c) Adequate access as determined by the Administrator, or his or her designee, of the Transportation Division is provided;
(d) The approved Temporary Use Permit, if any, is displayed in a prominent location on the subject parcel premises for easy inspection.
The issuance of a Temporary Use Permit or exclusion from such requirement does not negate the necessity for any other permit or license required by the city or any other governmental agency.
3390.06 Application.
An application for a Temporary Use Permit shall contain such information as the Director administrator deems reasonably necessary for a determination of compliance or noncompliance with the Zoning Code and to assist enforcement thereafter. The applicant shall sign the application and each copy thereof, attesting to the truth and exactness of the information supplied and to his or her intent to terminate such temporary use within the period set forth therein.
3390.07 Termination of use.
A temporary use shall cease operation on or before the expiration of the term provided by this chapter, the Temporary Use Permit or any permitted renewal thereof. Upon the termination of a temporary use, the parcel site shall be cleared of all graphics associated with such use, any temporary building or structure, and all debris within six (6) calendar days of the expiration of the Temporary Use Permit.
A temporary use which is permitted with or without a Temporary Use Permit by this chapter shall cease operation if found to be in violation of the standards or conditions of this chapter or any other applicable city code.
Section 4. That this ordinance shall take effect and be in force from and after the earliest period provided by law.