Explanation
BACKGROUND:
Currently, the Columbus Zoning Code, Title 33, dedicates the last few chapters of the code to establishing a general index of uses and in what zoning districts they are allowed despite such a list existing for zoning districts elsewhere in the Columbus Zoning Code. This general index has, over time, become outdated and no longer accurately represent the zoning districts and their allowed uses or contains uses that are antiquated and no longer found. Additionally, it is not possible for a general index of uses to catalog all possible land uses and predict the creation of new uses as technology and society changes.
This ordinance deletes the chapters that currently contain the general index of uses but in no way affects the lists of permitted and prohibited uses for each individual zoning district found elsewhere in the Columbus Zoning Code. This code change does not alter any existing zoning district's list of permitted or prohibited uses. Discretion in determining the most compatible districts for new uses or combination of uses is clarified in code so that as technology and society advances, the zoning code would not become an impediment to new development.
The Columbus Development Commission has reviewed these proposed code changes at its monthly public meeting on May 27, 2004, and has voted to recommend their adoption by City Council.
FISCAL IMPACT: No funding is required for this legislation.
Title
To delete Chapters 3395, 3397 and 3399 of Title 33, Columbus Zoning Code, in order to remove the outdated Index of Uses and to amend Sections 3305.1, 3305.02 and 3309.01 in order to provide for discretion in determining the most compatible districts for any new use or combination of uses.
Body
WHEREAS, currently the Columbus Zoning Code, Title 33, dedicates the last few chapters of the code to establishing a general index of uses and in what zoning districts they are allowed despite such a list existing for zoning districts elsewhere in the Columbus Zoning Code; and
WHEREAS, this general index has, over time, become outdated and no longer accurately represent the zoning districts and their allowed uses or contains uses that are antiquated and no longer found; and
WHEREAS, it is not possible for a general index of uses to catalog all possible land uses and predict the creation of new uses as technology and society changes; and
WHEREAS, this ordinance deletes the chapters that currently contain the general index of uses but in no way affects the lists of permitted and prohibited uses for each individual zoning district found elsewhere in the Columbus Zoning Code; and
WHEREAS, this code change does not alter any existing zoning district's list of permitted or prohibited uses; and
WHEREAS, discretion in determining the most compatible districts for new uses or combination of uses is clarified in code so that as technology and society advances, the zoning code would not become an impediment to new development; and
WHEREAS, the Columbus Development Commission has reviewed these proposed code changes at its monthly public meeting on May 27, 2004, and has voted to recommend their adoption by City Council; now therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS
Section 1. That existing section 3305.01, of the Columbus City Codes, 1959, is hereby amended to read as follows.
3305.01 Certificate of Zoning Clearance.
A certificate of zoning clearance is required and shall be obtained prior to the construction or alteration of any building or structure; the establishment, change or modification in the use of any building, structure or land; or the grading, excavating or filling of land.
Further, no person shall maintain or permit the continuation of any use unless and until a certificate of zoning clearance has first been issued for said use.
The certificate shall be issued only after determining that the application is in conformity with the provisions of this Zoning Code or as permitted by variance, special permit or decision from an appeal. The Director shall have the authority to determine what districts an unnamed use is of similar enough character and nature to warrant inclusion in.
Unless otherwise required by this Zoning Code no certificate shall be required for interior remodeling of buildings or structures, which is not intended to cause a change in the intensity of the use of the buildings or structures. However, a certificate of zoning clearance shall always be required prior to development or placement of a use in a Special Flood Hazard Area or the construction or alteration of any building or structure in or proposed for a Special Flood Hazard Area regardless of size or use.
3305.01 Certificate of zoning clearance.
A certificate of zoning clearance is required and shall be obtained from the Director administrator prior to the construction or alteration of any building or structure; the establishment, change, or modification in the use of any building, structure or land; or the grading, excavating or filling of land.
Further, no person shall maintain or permit the continuation of any use unless and until a certificate of zoning clearance has first been issued for said use.
The Director administrator will issue a certificate after determining that the application is in conformity with the provisions of this Zoning Code or as permitted by variance, special permit or decision from an appeal. The Director shall have the authority to determine what districts an unnamed use is of similar enough character and nature to warrant inclusion in.
Unless otherwise required by this Zoning Code no certificate shall be required for interior remodeling of buildings or structures which is not intended to cause a change in the intensity of the use of the buildings or structures.
However, a certificate of zoning clearance shall always be required prior to development or placement of a use in the floodplain or the construction or alteration of any building or structure in or proposed for the floodplain regardless of size or use.
Section 2. That existing section 3305.02, of the Columbus City Codes, 1959, is hereby amended to read as follows:
3305.02 Application for zoning clearance.
An application for a certificate of zoning clearance shall be filed on approved forms in triplicate and shall contain such information as the Director administrator deems reasonably necessary to determine compliance with and to provide for the enforcement of this Zoning Code. The applicant shall sign the application each copy attesting to the truth and exactness of the information included in the application. Information not required by the Director regulations administrator and volunteered by the applicant may be freely amended at any time.
The Director administrator shall either approve or disapprove an application for a certificate of zoning clearance as required within thirty (30) days of receipt or within such longer period as may be mutually agreed upon by the applicant and regulations administrator. Upon approval, a certificate shall be issued forthwith. If disapproved, the reasons for disapproval shall be stated on the application.
Section 3. That existing section 3309.01, of the Columbus City Codes, 1959, is hereby amended to read as follows:
3309.01 Digital zoning map establishment, interpretation, and maintenance.
Columbus city council has adopted the Official Zoning Map (also know as the Digital Zoning Map or Zoning Map) in digital form and deems the digital zoning map to be the Official Zoning Map for the City of Columbus. This map contains the districts and all overlay boundaries as described in this Zoning Code and conforms to provisions of this Zoning Code and all ordinances and laws related to zoning that are now in effect and which in the future may be in effect. The repository for the Official Zoning Map, in any form including digital, is the Department. Responsibility for maintenance of the Official Zoning Map is established in the Department.
The Director shall have the authority to determine what districts an unnamed use is of similar enough character and nature to warrant inclusion in and may publish, from time to time, such determinations. The Director shall also have the authority to make determinations as to district boundaries when a conflict exists in determining exact district boundaries as indicated on the Official Zoning Map.
Section 4. That Chapters 3395, 3397 and 3399 of Columbus City Codes, 1959, are hereby repealed in their entirety.
Section 5. That this ordinance shall take effect and be in force from and after the earliest period provided by law.