Explanation
BACKGROUND:
This ordinance revises portions of Columbus Zoning Code Chapter 3389, which regulates uses requiring the issuance of a Special Permit at a public hearing before the Board of Zoning Adjustments prior to the issuance of a certificate of zoning clearance. These uses are afforded this additional level of review due to their potential adverse impact on surrounding land uses. This chapter has remained largely unchanged since first being drafted. These proposed changes update terminology and better align the Columbus Zoning Code with current development trends and along with a companion ordinance will create the regulatory framework needed in order to regulate former prohibited uses as Special Permits.
These changes also will add Impound Lots to the list of uses that require a Special Permit and a license under the existing code provisions for junk and salvage yards. This will create more appropriate regulations for impounds lots as they share many of the same characteristics that impact neighborhoods as junkyards and salvage yards.
FISCAL IMPACT: No funding is required for this legislation.
Title
To supplement and amend sections of Chapter 3389, "Special Permit Uses," of the Columbus Zoning Code, in order to update and modernize terminology and add uses that require a Special Permits; add Impound Lots to the list of uses that require a Special Permit and a license under Chapter 3392, "Junk and Salvage Yards" of the Columbus Zoning Code.
Body
WHEREAS, this ordinance revises portions of Columbus Zoning Code Chapter 3389, which regulates uses requiring the issuance of a Special Permit at a public hearing before the Board of Zoning Adjustments prior to the issuance of a certificate of zoning clearance; and
WHEREAS, these uses are afforded this additional level of review due to their potential adverse impact on surrounding land uses; and
WHEREAS, this chapter has remained largely unchanged since first being drafted and these changes update terminology and better align the Columbus Zoning Code with current development trends; and
WHEREAS, these proposed changes update terminology and better align the Columbus Zoning Code with current development trends and along with a companion ordinance will create the regulatory framework needed in order to regulate former prohibited uses as Special Permits; and
WHEREAS, the operations of particular uses found in Chapter 3389 requiring a Special Permit have changed over the years to the point that additional regulation by Special Permit is no longer necessary while other uses have evolved to a point where a Special Permit would be a desirable regulatory safeguard; and
WHEREAS, these changes also will add Impound Lots to the list of uses that require a Special Permit and a license under the existing code provisions for junk and salvage yards; and
WHEREAS, this will create more appropriate regulations for impounds lots as they share many of the same characteristics that impact neighborhoods as junkyards and salvage yards; and
WHEREAS, the Columbus Development Commission reviewed these proposed code changes at its monthly public policy meeting on January 27, 2005, and voted to recommend its adoption by City Council; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the existing Section 3389.03 of the Columbus City Codes, 1959, is hereby amended to read as follows:
3389.03 Amusement Park Field, park or arcade.
An amusement park requires a Special Permit and shall only be located only in a zoning district permitting C-4 Commercial District uses. In addition to complying with the underlying zoning standards, an amusement park shall be subject to the following conditions:
1. Provide a minimum fifty (50) foot setback between any ride, motor, enclosure, pool, speaker, or any part of an amusement ride or device and any parcel line.
2. Distance separation as required in this section is measured from the closest point on a parcel line containing the amusement park and the closest point on a parcel line containing the zoning district or use it is to be separated from.
An aviation field, amusement arcade or park, or heliport requires a special permit and may be located only in a C-4, commercial or M-manufacturing district. Off-street parking provisions shall be considered by the board or zoning adjustment and specified as a condition of such permit.
Section 2. That Columbus City Codes, 1959, are hereby supplemented with the creation of a new section numbered 3389.031, reading as follows:
3389.031 Animal Hide Storage or Processing.
An animal hide storage and/or processing facility requires a Special Permit and shall only be located only in an M or M-1, Manufacturing District.
Section 3. That Columbus City Codes, 1959, are hereby supplemented with the creation of a new section numbered 3389.032, reading as follows:
3389.032 Animal Kennel or Animal Shelter.
An animal kennel or animal shelter with outdoor runs, cages, or structures for open air confinement of animals requires a Special Permit and shall be located only in an M or M-1 Manufacturing District and shall be subject to the following conditions:
1. Waste products shall be located a minimum distance of one hundred (100) feet from a residential zoning district and in compliance with Columbus Department of Health regulations.
2. No outdoor runs, cages, or other structures shall be permitted between any right-of-way line and a building line.
Section 4. That Columbus City Codes, 1959, are hereby supplemented with the creation of a new section numbered 3389.033, reading as follows:
3389.033 Cemetery.
A cemetery requires a Special Permit and may be located in any zoning district. No portion of the cemetery designed, intended to be used, or used for internment is located within an area designated as a special flood hazard area or on or in fill used to remove land from a special flood hazard area.
Section 5. That Columbus City Codes, 1959, are hereby supplemented with the creation of a new section numbered 3389.034, reading as follows:
3389.034 Compost Facility
A compost facility requires a Special Permit and shall be located only in an M or M-1 Manufacturing District.
Section 6. That the existing Section 3389.06 of the Columbus City Codes, 1959, is hereby amended to read as follows:
3389.06 Drive-In Theater Dog Pound.
A drive-in theater requires a Special Permit and shall only be located in any district permitting C-4 Commercial District uses. In addition to complying with the underlying zoning standards, a drive-in theater shall comply with the following conditions:
1. All screens shall be situated to prevent spillover of light or images onto any abutting properties;
2. All audio shall be provided through in-car devices that comply with the city noise ordinance.
A dog pound requires a special permit and may be located in a C-4, commercial or M-manufacturing district.
Section 7. That Columbus City Codes, 1959, are hereby supplemented with the creation of a new section numbered 3389.063, reading as follows:
3389.063 Indoor Firing Range.
A building or structure that is used, arranged for, intended or designed to be used for a firing range completely within the enclosed space requires a Special Permit and shall only be located in a district permitting C-4 Commercial District uses. In addition to complying with the underlying zoning standards, an indoor firing range shall be sufficiently soundproofed to prevent the emission of the sound of gunfire outside the building or structure and shall meet all other code requirements related to firearm use and discharge.
Section 8. That Columbus City Codes, 1959, are hereby supplemented with the creation of a new section numbered 3389.067, reading as follows:
3389.067 Incinerators.
An incinerator requires a Special Permit and shall only be located in an M or M-1 Manufacturing district.
Section 9. That the existing Section 3389.07 of the Columbus City Codes, 1959, is hereby amended to read as follows:
Junk or Salvage.
An impound lot, junk yard or salvage yard requires a Special Permit and shall only be located in an M, Manufacturing District. In addition to complying with the underlying zoning standards, an impound lot, junk yard or salvage yard shall comply with the requirements of Chapter 3392.
A junk and/or salvage material yard or shop requires a special permit and may be located in an M-manufacturing district.
Section 10. That the existing Section 3389.08 of the Columbus City Codes, 1959, is hereby amended to read as follows:
3389.08 Landing Field Skating Rink.
A landing field defined as a commercial operation requiring a Certificate of Approval from the State Department of Transportation shall require a Special Permit and shall only be located in a C-4 Commercial District or M, M-1, or M-2 Manufacturing District.
All other landing fields shall require a Special Permit and may be located in any zoning district provided that the applicant for the Special Permit also provides written documentation that the facility is in compliance with all applicable FAA regulations.
A public skating rink requires a special permit and may be located only in a C-4, commercial or M-manufacturing district.
A building, structure, or parcel that will be used, is arranged for, intended or designed to be used for any of the following specified uses shall require a Special Permit and shall only be located in any district permitting M or M-1 Manufacturing District uses:
1. Cement, lime, gypsum, plaster of Paris manufacture;
2. Distillation of bones, coal or wood, or manufacture of any of the by products of such distillation, distillery;
3. Fat, grease, lard or tallow manufacturing; rendering or refining;
4. Fertilizer manufacture from phosphate or organic matter;
5. Gelatin, glue or size manufacture;
6. Mineral insulation manufacture;
7. Nitrating of cotton or other cellulose materials;
8. Rayon manufacture.
Section 12. That Columbus City Codes, 1959, are hereby supplemented with the creation of a new section numbered 3389.087, reading as follows:
3389.087 Outdoor Amphitheaters
An outdoor amphitheater requires a Special Permit and shall only be located in any zoning district permitting C-4 Commercial District uses. In addition to complying with the underlying zoning standards, an outdoor amphitheater shall provide a minimum one-hundred (100) foot setback between any stage, speaker, or other audio amplification source, and any parcel line.
Section 13. That the existing Section 3389.08 of the Columbus City Codes, 1959, is hereby amended to read as follows:
3389.08 Slaughterhouse or Stockyard Swimming pool.
A slaughterhouse or a stockyard requires a Special Permit and shall only be located in an M or M-1 Manufacturing District.
A private, commercial or public swimming pool proposed as the principal use of the subject parcel requires a special permit and may be located only in C-4, commercial district.
Section 14. That the existing Section 3389.12 of the Columbus City Codes, 1959, is hereby amended to read as follows:
3389.12 Portable Building.
A portable building requires a Special Permit in any zoning district for any use on private property except the following:
1. Solely in conjunction with reasonably necessary construction work on the immediate site or within the same platted subdivision;
2. Solely in conjunction with the sale of lots or residential units and approved by the Director as a temporary use per Chapter 3390 of this code through the issuance of a Building Permit;
3. In conjunction with the educational activity of a public or accredited private school, or in conjunction with any public library, for a period of time not to exceed two hundred (200) calendar days in one (1) calendar year;
4. Religious purposes for a period not to exceed eight (8) consecutive calendar days on any one (1) site or premises;
5. Which have been previously approved by the Director for use in conjunction with a registered public Festival, approved special event, public recreation or public health purpose;
6. Residential purposes in a manufactured home park;
7. In an approved campground for a period not to exceed thirty-two (32) consecutive calendar days; or
8. When temporarily located outside a legally occupied building in a non-residential zoning district when the portable building does not occupy a location creating any violation of any applicable site development standard. A portable building shall be subject to the applicable parking setback line instead of the building line on the property frontage. For purposes of this section, the term "temporarily" means less than a twenty-four (24) hour period.
A portable building requires a special permit in any district for any use on private property except the following:
(1) Solely in conjunction with the reasonably necessary for construction work;
(2) Temporarily for or in conjunction with educational activity or public or accredited private schools, or in conjunction with any public library;
(3) Religious purposes for a period not to exceed eight (8) consecutive days on any one (1) site or premises;
(4) Public recreation or public health purposes which have been previously approved by the director of recreation and parks or the health commissioner, respectively;
(5) Residential purposes in a manufactured home park.
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 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. Veterinarians (unlimited practice)
1. Open air confinement of animals shall not be allowed Kennels are prohibited.
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 16. That Chapter 3392, "Junk and Salvage Yards" of the Columbus City Codes, 1959, is hereby renamed to Chapter 3392, "Junk, Impound and Salvage Yards".
Section 17. That Section 3392.01 of the Columbus City Code, 1959, is hereby amended to read as follows:
3392.01 Compliance required.
No person shall operate a junk yard, impound lot, or a salvage yard or occupy or let to another for occupancy any junk yard, impound lot, or salvage yard except in compliance with the provisions of this Zoning Code.
Section 18. That Section 3392.02 of the Columbus City Code, 1959, is hereby amended to read as follows:
3392.02 License required and expiration.
No person shall operate a junk yard, impound lot, or a salvage yard except under authority of a valid junk yard, impound lot, or salvage yard license issued by the Department in the name of the operator and for the specific site. The operator shall apply to the Department for such license and pay the fee prescribed therefor in the Fee Schedule, which license shall be issued by the Department conditioned upon the operator's continuous compliance with all applicable provisions of this Zoning Code and other City Codes. Every license shall expire at the end of one year following its date of issuance and in subsequent years on the date of expiration unless sooner suspended or revoked.
Section 19. That Section 3392.03 of the Columbus City Code, 1959, is hereby amended to read as follows:
3392.03 Display of license.
The license shall be displayed in a conspicuous place within the public area of the junk yard, impound lot, or salvage yard. The license is not transferable.
Section 20. That Section 3392.04 of the Columbus City Code, 1959, is hereby amended to read as follows:
3392.04 Special permit.
Unless the site is a nonconforming use, a junk yard, impound lot, or salvage yard shall only be issued a license after obtaining a Special Permit from the Board of Zoning Adjustment.
Section 21. That Section 3392.05 of the Columbus City Code, 1959, is hereby amended to read as follows:
3392.05 Denial of license.
If, upon inspection, it is found that the junk yard, impound lot, or salvage yard does not meet the requirements of Section 3392.10, the operator shall be informed in writing of the deficiencies and a date set for compliance and reinspection. If the reinspection reveals that the deficiencies have not been corrected, the license shall be denied and a reinspection fee will be required as provided in the Fee Schedule.
Section 22. That Section 3392.06 of the Columbus City Code, 1959, is hereby amended to read as follows:
3392.06 Hearing on license denial.
Any person whose application for a license to operate a junk yard, impound lot, or salvage yard has been denied for any reason set forth in this chapter, may request and shall be granted a hearing on the matter before the Board of Zoning Adjustment.
Section 23. That Section 3392.07 of the Columbus City Code, 1959, is hereby amended to read as follows:
3392.07 Notice of violation and license suspension.
Whenever upon inspection of any junk yard, impound lot, or salvage yard the property maintenance inspector or property maintenance inspector trainee finds that conditions or practices exist which are in violation of any provision of this Zoning Code, the property maintenance inspector or property maintenance inspector trainee shall give notice in writing to the operator of such junk yard, impound lot, or salvage yard that unless such conditions or practices are corrected within a reasonable period, to be determined by the property maintenance inspector or property maintenance inspector trainee, the operator's license will be suspended. At the end of such period the property maintenance inspector or property maintenance inspector trainee shall reinspect such junk yard, impound lot, or salvage yard and if he or she finds that such conditions or practices have not been corrected, he or she shall give notice in writing to the operator that the operator's license has been suspended.
Section 24. That Section 3392.08 of the Columbus City Code, 1959, is hereby amended to read as follows:
3392.08 Hearing on a license suspension; effect of suspension.
Any person whose license to operate a junk yard, impound lot, or a salvage yard has been suspended or who has received notice from the property maintenance inspector or property maintenance inspector trainee that his or her license is to be suspended unless existing conditions or practices at the his junk yard, impound lot, or salvage yard are corrected, may request and shall be granted a hearing on the matter before the Board of Zoning Adjustment. If no petition for a hearing is filed within fifteen (15) calendar days following the day on which the license was suspended, the license shall be deemed to have been revoked. Any petition for a hearing following receipt of a notice that the license is to be suspended, must be filed within fifteen (15) calendar days of receipt of the notice. Upon receipt of notice of suspension, the operator shall immediately cease operation of the junk yard or salvage yard and shall display the notice of suspension along with the license at the junk yard or salvage yard.
Section 25. That Section 3392.09 of the Columbus City Code, 1959, is hereby amended to read as follows:
3392.09 Location approval by division of fire.
The location of any junk yard, impound lot, or salvage yard and the use of any buildings in such location shall be first approved by the fire prevention bureau of the Division of Fire, whose approval shall not be unreasonably withheld.
3392.10 Performance requirements.
No person shall operate a junk yard, impound lot, or salvage yard within the corporate limits of the city of Columbus, unless such business is conducted carried on entirely inside of a building or in an open area enclosed by a nontransparent fence not less than six (6) seven (7) feet in height, and no part of which commences more than one (1) foot above established grade, built of sound material, uniform in height and constructed so that it is structurally safe and capable of resisting all live loads imposed upon it. The following standards shall also apply:
(a) No portion of a junk yard, impound lot, or salvage yard shall be located within an area designated as a special flood hazard area. No fence shall be required along the boundary line where the lowest ground elevation of the adjacent property is seven (7) or more feet in height above the highest ground elevation of the junk yard.
Junk or salvage material shall not be piled higher than ten (10) feet except that metals that are to be processed or reprocessed on site may be piled to a height necessary for the effective functioning of the processing or reprocessing equipment.
(c) Combustible junk or salvage material which can be ignited by an ordinary match shall be placed or stored at least ten (10) feet from a required fence.
(d) No junk or salvage material shall be placed, stored or offered for sale outside of any required fence.
(e) Passageways of not less than eight (8) feet in width shall be maintained between piles of stored junk or salvage material. A fire lane fifteen (15) feet in width shall be maintained from the main entrance throughout the junk yard, so that no point of the junk yard shall be more than two hundred (200) feet from a fire lane.
(f) Every junk yard and salvage yard shall be maintained in a clean, sanitary and neat condition free from vermin, rats and fire hazards.
(g) All buildings or land within the junk yard or salvage yard shall be maintained in a good state of repair. Required fences shall be maintained in a good state of repair.
All driveways, access corridors, customer and employee parking shall be an improved surface. Areas used exclusively for the storage of junked or salvaged vehicles may be improved or unimproved, subject to the approval of a surface by the Director and the Department of Public Service. Distance separation as required in this section is measured from the closest point on a parcel line containing the junk yard, impound lot, or salvage yard and the closest point on a parcel line containing the district or use it is to be separated from.
3392.11 Prohibited use.
Materials may not be burned within the confines of a junk yard, impound lot, or salvage yard.
Section 28. That Section 3392.12 of the Columbus City Code, 1959, is hereby amended to read as follows:
3392.12 Prohibited location.
No junk yard, impound lot, or salvage yard or junk shop or salvage material shop shall be operated within six hundred (600) feet of any residential or institutional zoning district.
The Director shall cause any junk yard, salvage yard, or impound lot to be inspected to determine compliance with this Code at any deemed appropriate. The Director shall initiate the annual inspection for license renewal at a time which will provide for the operator's compliance with any orders prior to the license expiration.
The administrator shall cause any junk yard and any salvage yard to be inspected to determine compliance with this Zoning Code at any time he deems it appropriate.
The administrator shall initiate the annual inspection for license renewal at a time which will provide for the operator's compliance with any orders prior to the license expiration.
Section 30. That this ordinance shall take effect and be in force from and after the earliest period provided by law.