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File #: 1014-2008    Version: 1
Type: Ordinance Status: Passed
File created: 6/10/2008 In control: Rules & Reference Committee
On agenda: 10/20/2008 Final action: 10/22/2008
Title: To supplement and amend sections of Chapter 3355, "Community Scale Commercial Development," of the Columbus Zoning Code, in order to limit the parking lots that may be constructed in certain zoning areas to those with a commercial, and not a residential use.
Sponsors: Maryellen O'Shaughnessy, Kevin L. Boyce
Date Ver.Action ByActionResultAction DetailsMeeting Details
10/22/20081 CITY CLERK Attest  Action details Meeting details
10/21/20081 MAYOR Signed  Action details Meeting details
10/20/20081 Columbus City Council ApprovedPass Action details Meeting details
10/20/20081 COUNCIL PRESIDENT Signed  Action details Meeting details
10/6/20081 Columbus City Council Read for the First Time  Action details Meeting details
7/21/20081 City Clerk's Office Sent back for Clarification/Correction  Action details Meeting details
7/21/20081 Dev Drafter Sent to Clerk's Office for Council  Action details Meeting details
6/13/20081 CITY ATTORNEY Reviewed and Approved  Action details Meeting details
6/13/20081 Dev Drafter Sent to Clerk's Office for Council  Action details Meeting details
6/13/20081 City Clerk's Office Sent back for Clarification/Correction  Action details Meeting details
6/13/20081 Dev Drafter Sent to Clerk's Office for Council  Action details Meeting details
6/11/20081 Dev Drafter Sent for Approval  Action details Meeting details
6/10/20081 Dev Drafter Sent for Approval  Action details Meeting details
6/10/20081 DEVELOPMENT DIRECTOR Reviewed and Approved  Action details Meeting details
Explanation
 
BACKGROUND: This ordinance revises portions of Columbus Zoning Code Chapter 3355, which regulates C-3 Community Scale Commercial Development. The C-3 zoning district promotes community-scale commercial and retail uses where a business, profession, or service may be conducted.
 
The C-4 zoning district incorporates the permitted uses listed in 3355 under 3356.03. These changes will limit the parking lots that may be constructed in C-3 and C-4 zoning districts to those with a commercial, and not a residential, use.  
 
FISCAL IMPACT: No funding is required for this legislation.
 
 
Title
 
To supplement and amend sections of Chapter 3355, "Community Scale Commercial Development," of the Columbus Zoning Code, in order to limit the parking lots that may be constructed in certain zoning areas to those with a commercial, and not a residential use.
 
 
Body
 
WHEREAS,      this ordinance revises portions of Columbus Zoning Code Chapter 3355, which regulates C-3 Community Scale Commercial Development; and
 
WHEREAS,      the C-3 zoning district promotes community-scale commercial and retail uses where a business, profession, or service may be conducted; and
 
WHEREAS,      the C-4 zoning district incorporates the permitted uses listed in 3355 under 3356.03; and
 
WHEREAS,      the existing provisions for dwelling units above commercial uses in the C-3 and C-4 districts may allow exclusively residential uses and parking without any other commercial use; and
 
WHEREAS,      this revision will modify the C-3 and C-4 districts to require other commercial uses in addition to parking on the first floor below dwelling units; and
 
WHEREAS,      the limit on parking lots in this section to those with commercial uses accurately reflects the inclusion of parking lots under the "commercial uses" of 3355.03(B); now, therefore,
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
 
Section 1.  That the existing Section 3355.03 of the Columbus City Codes, 1959, is hereby amended to read as follows:
3355.03 C-3 permitted uses
The following are uses permitted in the C-3, Commercial District; however these are not meant to be exhaustive nor an exclusive listing. The Director has the authority to decide if an unnamed use is of similar enough character and nature to warrant inclusion into the C-3 district.
The North American Industry Classification System, or its successor document, is the reference document used to provide use families for this Chapter. The Director may use the current NAICS or its successor, as one document in making decisions as to the appropriateness of any future use permitted to be in the C-3, district.
A. All uses listed in C.C. 3351 and C.C. 3353.
B. Commercial uses including:
Appliance Maintenance and Repair
Armored Car, Investigation Guard and Security Services
Art Dealers and Galleries
Arts and Crafts
Astrology, Fortune telling and Palm Reading
Barber and Cosmetology Educational Training Facility
Book, Newspaper and Magazine Stores (Unlimited size)
Building Material and Supplies Dealers (No outside yards or storage)
Butcher Shops, Fish, Meat, and Seafood Markets (Unlimited size)
Cafes, Delicatessens and Restaurants (Unlimited size)
Camera, Photo finishing and Photographic Supplies Stores
Clothing and Clothing Accessories Stores
Coin and Stamp Dealers
Colleges
Compact Disc, Music, Record and Video Stores (Includes rental)
Computer and Software Stores
Dry cleaning and Laundry Services
Exercise and Health Facilities
Fabric, Needlework, Quilting, Sewing and Piece Goods Stores
Food and Beverage Stores
Footwear and Repair
Formal Wear and Costume Rental and Sales
Funeral Homes and Services
Game, Hobby and Toy Stores
Hardware Stores
Jewelry Stores
Locksmiths
Luggage and Leather Goods Sales and Repair
Musical Instrument and Supplies Stores
News Dealers and Newsstands
Parking Lots and Parking Garages as allowed in C.C. 3355.05
Pet Day Care, Grooming, Pets and Supplies (No outside runs or boarding)
Shoe Stores
Tobacconist
Window Treatment Stores
C. Commercial uses, subject to the additional provisions of C.C. 3355.05, including:
Adult and Child Day Care Centers
Crematory
D. Dwelling units, as allowed under C.C. 3355.05.
 
Section 2.  That the existing Section 3355.05 of the Columbus City Codes, 1959, is hereby amended to read as follows:
 
3355.05 C-3 district development limitations.
A. Adult and child day care center shall provide a transportation plan submitted as part of the zoning clearance application. The plan shall include a description of the loading and unloading, parking and traffic circulation areas. The director of the department of public services or designee shall review the transportation plan, and may approve, modify, or disapprove the plan for safety reasons.
B. Crematory when in compliance with applicable provisions of the special permit requirements.
C. Dwelling units only when located above uses permitted in this district.
D. Parking lots and Parking Garages, (Both Private and Public)
1.  Dwelling units are permitted above parking garages or parking lots only if the parking facilities are adjoining to one or more other uses listed in C.C. 3351, C.C. 3353, or C.C. 3355.  The parking garage or parking lot shall be located within the same structure as these uses.
2.  Required adjoining uses specified in subsection (D)(1) of this section must occupy the entire length of at least one property  frontage as defined in C.C. 3303 except that driveways and pedestrian entrances to the parking lot or garage are permitted provided that said driveways and pedestrian entrances occupy no more than 20% of the length of that frontage.
 
Section 3.  That the existing Section 3356.03 of the Columbus City Codes, 1959, is hereby amended to read as follows:
3356.03 C-4 permitted uses.
The following are uses permitted in the C-4, Commercial District; however these are not meant to be exhaustive nor an exclusive listing. The Director has the authority to decide if an unnamed use is of similar enough character and nature to warrant inclusion into the C-4 district.
The North American Industry Classification System, or its successor document, is the reference document used to provide use families for this chapter. The Director may use the current NAICS or its successor, as one document in making decisions as to the appropriateness of any future use permitted to be in the C-4, district.
A. All uses listed in C.C. 3351, C.C. 3353 and C.C. 3355.
B. Commercial uses allowing dwelling units above the primary use, including:
Appliance Stores
Automotive Accessories, Parts and Tire Stores
Automobile and Light Truck Dealers
Automobile Driving Training Facility
Automotive Sales, Leasing and Rental
Bars, Cabarets and Nightclubs
Blood and Organ Banks
Building Material and Supplies Dealers
Caterers
Check Cashing and Loans
Community Food Pantry
Consumer Goods Rental
Discount Department Stores
Electronics Stores
Floor Covering Stores
Furniture and Home Furnishings Stores
General Merchandise Stores
Home Centers
Household and Personal Goods Maintenance and Repair
Linen and Uniform Supply
Missions/Temporary Shelters
Motorcycle, Boat, and Other Motor Vehicle Dealers
Motor Vehicle Accessories and Parts Dealers
Outdoor Power Equipment Stores
Pawn Brokers
Parking Lots and Parking Garages as allowed in C.C. 3356.05
Recreational Vehicle Dealers
Reupholster and Furniture Repair
Sporting Goods and Outfitters Stores
Supermarkets
Truck, Utility Trailer, and RV (Recreational Vehicle) Sales, Rental and Leasing
Used Merchandise Stores
Vending Machine Operators
Warehouse Clubs and Super Centers
C. Commercial uses not allowing dwelling units above the primary use, including:
Automotive Maintenance and Repair
Bowling Centers
Carpet and Upholstery Cleaning Services
Drive-In Motion Picture Theaters
Exterminating and Pest Control Services
Farm Equipment and Supply Stores
Garden, Landscaping and Nursery Centers and Sales
Hotels and Motels
Hospitals
Janitorial Services
Lawn and Garden Equipment and Supplies Stores
Limousine and Taxi Service
Paint and Wallpaper Stores
Performing Arts, Spectator Sports and Related Industries
Theaters, Dance Companies and Dinner Theaters
D. Commercial uses not allowing dwelling units above the primary use and subject to the additional provisions of C.C. 3356.05, including:
Animal Shelter
Amusement Arcade
Halfway House
Veterinarians (Unlimited practice)
E. Dwelling units, as allowed under C.C. 3356.05.
 
Section 4.  That the existing Section 3356.05 of the Columbus City Codes, 1959, is hereby amended to read as follows:
 
3356.05 C-4 district development limitations.
A. Animal Shelter  or Animal Kennel.
1. All activities shall be conducted indoors.
2. Buildings containing animals shall be located a minimum distance of one hundred (100) feet from a residential district.
3. Waste products shall be located a minimum distance of one hundred (100) feet from a residential district and in compliance with Columbus Department of Health regulations.
B. Amusement park or arcade when in compliance with applicable provisions of the Special Permit requirements.
C. Dwelling units when located above uses contained in the C-1, C-2, and C-3, Commercial Districts and those specified in the C-4 Commercial District; however, dwelling units are not permitted in a building containing those specified C-4 Commercial uses nor are the specified C-4 Commercial uses permitted to be established in a building containing dwelling units.
D. Halfway house when in compliance with applicable provisions of the Special Permit requirements.
E. Parking lots and Garages, (Both Private and Public)
1.  Dwelling units are permitted above parking garages or parking lots only if the parking facilities are adjoining to one or more other uses listed in C.C. 3351, C.C. 3353, C.C. 3355 or 3356.03(B). The parking garage or parking lot shall be located within the same structure as these uses.
2.  Required adjoining uses specified in subsection (E)(1) of this section must occupy the entire length of at least one property  frontage as defined in C.C. 3303 except that driveways and pedestrian entrances to the parking lot or garage are permitted provided that said driveways and pedestrian entrances occupy no more than 20% of the length of that frontage.
EF. Veterinarians (unlimited practice).
1. Open air confinement of animals shall not be allowed.
2. Outdoor therapeutic exercise areas or therapeutic equipment shall be located a minimum distance of one hundred (100) feet from a residential zoning district. Stables are not allowed.
3. Distance separation as required in this section is measured from the closest point on a parcel line containing the outdoor exercise area or therapeutic equipment and the closest point on a parcel line containing the zoning district or use it is to be separated from.
Section 5.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law.