Explanation
BACKGROUND:
In response to the creation of the Ohio Medical Marijuana Control Program in 2018, the Zoning Code was updated to specify which zoning districts the uses licensed under the State program would be allowed in based upon already codified similar land uses. In addition, it created the requirement and review standards for obtaining a Special Permit from the Columbus Board of Zoning Adjustment for the establishment of an Ohio Medical Marijuana Control Program Retail Dispensary.
In November 2023, Issue 2 was placed on the ballot for Ohio voters to decide whether to commercialize, regulate, and legalize the adult use of cannabis in the State of Ohio. Specifically, Issue 2 legalized and provided for the regulation of recreational marijuana for adults aged 21 and above, including cultivation, processing, sale, and purchase.
The Special Permit requirement for Medical Marijuana Dispensaries was added as a way to require the Owner to present certain information to their neighbors. Now, the Ohio Division of Cannabis Control has its own regulations for all cannabis uses, both medical and adult use (non-medical), and maintains lists of the Owners on its website with a mapping feature to show the locations of the dispensaries. Based on these stringent requirements, and the fact that existing dispensaries have not posed harm to Columbus’ public safety and welfare, the Special Permit is unnecessary for all dispensary uses. These code changes will not alter, change, lessen, or abrogate any of the state level standards or requirements for any licensed facility under the control of the Ohio Division of Cannabis Control.
These code changes also include updates to prohibited uses and redefined terms to align with Title 23, the General Offenses Code, and Title 25, the Fire Prevention Code, which were requested by the City Attorney’s Office.
FISCAL IMPACT: None
Title
To supplement the Columbus Zoning Code, Title 33, by amending or adding various code sections for land uses and definitions associated with the Ohio Division of Cannabis Control, the General Offenses Code, Title 23, and the Fire Prevention Code, Title 25, to repeal the corresponding existing city code provisions, and to repeal Sections 3389.09 and 3389.115, which require a Special Permit from the Board of Zoning Adjustment for certain uses.
Body
WHEREAS, in response to the passage of Issue 2 in November 2023, this code change is necessary to amend various sections of the Zoning Code to specify which zoning districts the uses licensed under the State program would be allowed in based upon already codified similar land uses for land uses associated with the Ohio Division of Cannabis Control; and
WHEREAS, these code changes repeal the requirement for obtaining a Special Permit from the Columbus Board of Zoning Adjustment for the establishment of an Ohio Medical Marijuana Control Program Retail Dispensary; and
WHEREAS, these code changes will not alter, change, lessen, or abrogate any of the state level standards or requirements for any licensed facility under the control of the Ohio Division of Cannabis Control; and
WHEREAS, these code changes also include updates to prohibited uses and redefined terms to align with Title 23, the General Offenses Code, and Title 25, the Fire Prevention Code, which were requested by the City Attorney’s Office; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the existing Section 3303.05 of the Columbus City Codes is hereby amended to read as follows:
3303.05 Letter E.
"Explosives" means any materials or combination of materials classified as an explosive under C.C. Chapter 25562256.
SECTION 2. That the existing Section 3303.06 of the Columbus City Codes is hereby amended to read as follows:
3303.06 Letter F.
"Fireworks" means any pyrotechnic devices classified as fireworks under C.C. Chapter 2533 2556.
SECTION 3. That Section 3303.15 of the Columbus City Codes is hereby amended to read as follows:
3303.15 - Letter O.
"Occupancy" means the portion of a building or premises owned, leased, rented, or otherwise occupied for a given use. The term also pertains to the purpose for which a building or part of a building is used or intended to be used. Change of occupancy is not construed to include change of tenants or proprietors, when a nonconforming use is being considered.
Off-Premises Sign. See "Sign."
"Ohio Division of Cannabis Control Licensed Facility" means Ohio Division of Cannabis Control Testing Laboratory, Ohio Division of Cannabis Control Retail Dispensary, Ohio Division of Cannabis Control Cultivator, and Ohio Division of Cannabis Control Processors, for both adult-use and medical purposes.
"Ohio Division of Cannabis Medical Marijuana Control Program Testing Laboratory" means an independent laboratory located in Ohio licensed or receiving a certificate of operation under Title 37 Chapter 3796 of the Ohio Revised Code and any rules promulgated thereunder to have custody and use of controlled substances for scientific and medical purposes and for purposes of instruction, research, or analysis.
"Ohio Division of Cannabis Medical Marijuana Control Program Dispensary" means an entity licensed or receiving a certificate of operation under Title 37 Chapter 3796 of the Ohio Revised Code and any rules promulgated thereunder to sell adult-use or medical marijuana to qualifying patients and caregivers customers.
"Ohio Division of Cannabis Medical Marijuana Control Program Cultivator" means an entity licensed or receiving a certificate of operation under Title 37 Chapter 3796 of the Ohio Revised Code and any rules promulgated thereunder to grow, harvest, package, and transport adult-use or medical marijuana.
"Ohio Division of Cannabis Medical Marijuana Control Program Processor" means an entity licensed or receiving a certificate of operation under Title 37 Chapter 3796 of the Ohio Revised Code and any rules promulgated thereunder to manufacture adult-use or medical marijuana products.
On-Premises Sign. See "Sign."
"Opaque" means a completely nontransparent and nontranslucent material.
"Open court" means open, uncovered, unoccupied space on the same lot with a building wholly surrounded by or bordered on two or more sides by the building walls.
Open Porch. See "Porch."
Outdoor amphitheater" means any non-publicly owned or operated land or open faced structure or building designed, intended to be used, or used to accommodate patrons in tiered seating and exclusive from motor vehicles.
Outline Lighting and Neon Outline Lighting.
"Outline lighting" means an arrangement of lights, lamps or electric discharge tubing that outlines or calls attention to certain features of a building such as its shape or the decoration of a window.
"Neon outline lighting" means outline lighting formed in whole or part with neon.
"Overlay" means an additional special classification together with regulations therefore which is superimposed on an area already subject to a district classification and general zoning regulations.
"Owner" means any person, as defined in C.C. 3303.16, who is the owner of record as shown on the current tax list of the county auditor; the mortgage holder of record, if any, as shown in the mortgage records of the county recorder, and any purchaser under a land contract. "Owner" also means any person who has a freehold or lesser estate in the premises; a mortgagee or vendee in possession; or any person who has charge, care or control of the premises as agent, executor, administrator, assignee, receiver, trustee, guardian or lessee.
SECTION 4. That Section 3353.03 of the Columbus City Codes is hereby amended to read as follows:
3353.03 - Permitted uses.
The following are uses permitted in the C-2, Office 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-2 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-2, district.
A. Offices for administrative and support services, examples include:
Administrative and Support Services
Business Service Centers and Support Services
Collection Agencies
Convention and Visitors Bureaus
Court Reporting and Stenotype Services
Credit Bureaus
Document Preparation Services
Employment Services and Placement Agencies
Facilities Support Services
Professional Employer Organizations
Repossession Services
Telephone Answering Services
Telemarketing Bureaus
Telephone Call Centers
Temporary Help Services
Tour Operators
Travel Agencies, Travel Arrangement and Reservation Services
B. Offices and/or Clinics for Health Care and Social Assistance, examples include:
Ambulatory Health Care Services
Chiropractors, Dentists, Optometrists, Physicians and Podiatrists
Diagnostic Imaging Centers
Family Planning Centers
Freestanding Ambulatory Surgical and Emergency Centers
HMO Medical Centers (Urgent Care)
Home Health Care Services
Kidney Dialysis Centers
Medical and Diagnostic Laboratories
Mental Health Practitioners
Miscellaneous Health Practitioners
Outpatient Care Centers
Outpatient Mental Health Centers
Physical, Occupational and Speech Therapists and Audiologists
Social Services
C. Offices for Finance and Insurance, examples include:
Banking, Commercial and Personal
Brokerage, Commodity and Securities Exchanges
Claims Adjusting Offices
Commodity Contracts Brokerage and Dealing
Consumer Lending
Credit Unions
Direct Casualty, Health, Life, Medical, Property and Title Insurance Carriers
Financial Transactions Processing, Reserve and Clearinghouse Activities
Funds, Trusts, and Other Financial Vehicles
Insurance Agencies, Brokerages, Carriers and Employee Benefit Funds
International Trade Financing
Investment Advice and Banking and Securities Dealing
Mortgage and Non-mortgage Loan Brokers
Pension Funds
Savings Institutions
Trusts, Estates, Fiduciary and Agency Accounts
D. Offices for Public and Miscellaneous Purposes, examples include:
Business, Professional, Labor, Political and Similar Organizations
Conservation, Environment and Wildlife Organizations
Civic and Social Organizations
Human Rights Organizations
Libraries
Local, County, State and Federal Government
Public Fire Stations
Religious, Grant making, Civic, Professional and Similar Organizations
Social Advocacy Organizations
Voluntary Health Organizations
E. Offices for Professional, Scientific and Technical Services examples include:
Accounting and Bookkeeping Services
Advertising Services
Administrative and General Management Consulting Services
Architectural, Drafting, Engineering, Graphic and Landscape Design Services
Bank Holding Companies
Certified Public Accountants
Contractors
Computer Centers, Programming and Systems Design Services
Corporate, Subsidiary and Regional Managing
Display Advertising
Human Resources and Executive Search Consulting Services
Interior Design Services
Industrial Design Services
Lawyers and Legal Services
Management, Companies and Enterprises and Consulting Services
Marketing Consulting, Public Opinion Polling and Research Services
Notaries
Payroll Services
Process, Physical Distribution and Logistics Consulting Services
Public Relations Agencies
Real Estate Agents and Brokers
Surveying and Mapping Services
Tax Preparation Services
Title Abstract and Settlement
Translation and Interpretation Services
F. Non-Office Commercial Facilities including:
Art Studios (No retail sales)
Electronic and Telephone Mail Order Processing Centers
Educational Facility, Business, Computer, Management and Training Facilities
Educational Facility, Professional, Secretarial, Technical and Trade
Internet Providers, Web Search Portals and Data Processing Services
Libraries and Museums
Music Publishers
Ohio Division of Cannabis Medical Marijuana Control Program Testing Laboratory
Photography Studios, Commercial and Portrait
Post Offices
Public Park and Recreation Centers
Radio and Television Broadcasting Stations and Studios
Recording Studios
Religious Facilities
Schools (as defined in C.C. 3303)
G. Non-Office Commercial Uses, subject to the additional provisions of C.C. 3353, including:
Adult and Child Day Care Centers
Monopole Telecommunication Antennas
Veterinarians (Limited practice)
H. Dwelling units, as allowed under C.C. 3353.05.
SECTION 5. That Section 3356.03 of the Columbus City Codes 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
Ohio Division of Cannabis Medical Marijuana Control Program Dispensary
Outdoor Power Equipment Stores
Parking Lots and Parking Garages as allowed in C.C. 3356.05
Pawn Brokers
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
Hotels, Extended Stay
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 6. That Section 3363.08 of the Columbus City Codes is hereby amended to read as follows:
3363.08 Miscellaneous uses-less objectionable uses.
Miscellaneous uses less objectionable uses permitted in M-Manufacturing Districts, subject to the provisions of this Zoning Code are:
Manufacture, compounding, processing, assembling, packaging or treatment of goods, materials and products not involving operations which are obnoxious or offensive by reason of odor, dust, smoke, gas, fumes, vibration, noise or other cause:
Cigar or cigarette manufacture
Dry cleaning and dyeing plant
Fur finishing
Leather goods manufacture (not including tanning)
Laundry (employing more than three persons)
Monument shop
Motion-picture producing
Ohio Division of Cannabis Medical Marijuana Control Program Cultivator
Ohio Division of Cannabis Medical Marijuana Control Program Processor
Paint and shellac (excluding manufacture of lacquer, varnish colors, pigments, thinners and removers)
Plastic products
Printing, publishing or engraving (other than as permitted in Commercial Districts)
Research and development laboratories, computer laboratories, and offices in connection with such laboratories
Show printing
Steam laundry
Other uses of similar character which are not obnoxious or offensive, as defined in this section.
SECTION 7. That Section 3365.08 of the Columbus City Codes is hereby amended to read as follows:
3365.08 Miscellaneous uses-less objectionable uses.
Miscellaneous uses less objectionable uses permitted in M-1 Manufacturing Districts, subject to the provisions of this Zoning Code are:
Manufacture, compounding, processing, assembling, packaging or treatment of goods, materials and products not involving operations which are obnoxious or offensive by reason of odor, dust, smoke, gas, fumes, vibration, noise or other cause:
Cigar or cigarette manufacture
Commercial radio transmitting or television station and appurtenances thereto
Dry cleaning and dyeing plant
Fur finishing
Leather goods manufacture (not including tanning)
Laundry (employing more than three persons)
Monument shop
Motion-picture production
Ohio Division of Cannabis Medical Marijuana Control Program Cultivator
Ohio Division of Cannabis Medical Marijuana Control Program Processor
Paint and shellac (excluding manufacture of lacquer, varnish colors, pigments, thinners and removers)
Plastic products
Printing, publishing or engraving (other than as permitted in Commercial Districts)
Research and development laboratories, computer laboratories, and offices in connection with such laboratories
Residence for a resident watchman
Show printing
Steam laundry
Other uses of similar character which are not obnoxious or offensive, as defined in this section.
SECTION 8. That Section 3367.08 of the Columbus City Codes is hereby amended to read as follows:
3367.08 Miscellaneous uses-less objectionable uses.
Miscellaneous uses, less objectionable uses permitted in M-2 manufacturing districts, subject to the provisions of this Zoning Code are:
Manufacture, compounding, processing, assembling, packaging or treatment of goods, materials and products not involving operations which are obnoxious or offensive by reason of odor, dust, smoke, gas, fumes, vibration, noise or other cause:
Cigar or cigarette manufacture
Commercial radio transmitting or television station and appurtenances thereto
Dry cleaning and dyeing plant
Fur finishing
Leather goods manufacture (not including tanning)
Laundry (employing more than three persons)
Monument shop
Motion-picture production
Ohio Division of Cannabis Medical Marijuana Control Program Cultivator
Ohio Division of Cannabis Medical Marijuana Control Program Processor
Paint and shellac (excluding manufacture of lacquer, varnish colors, pigments, thinners and removers)
Plastic products
Printing, publishing or engraving (other than as permitted in commercial districts)
Residence of a resident watchman
Research and development laboratories, computer laboratories, and offices in connection with such laboratories
Show printing
Steam laundry
Other uses of similar character which are not obnoxious or offensive, as defined in this section.
SECTION 9. That the existing Section 3387.01 of the Columbus City Codes is hereby amended to read as follows:
3387.01 Prohibited uses specified.
Within the City, no buildings or premises shall be used, and no buildings or structures shall be erected which are arranged, intended or designed to be used for any of the following uses:
(1) Acid manufacture or sale including hydrochloric, nitric, sulfuric, sulfurous or hydrofluoric acid;
(2) Bronze powder or other metallic powder manufacture or sale;
(3) Explosives manufacture, storage or sale;
(4) Fireworks manufacture, storage or sale;
(5) Landfill or dump for refuse;
(6) Outdoor firing range.;
(7) Slaughtering of animals (except poultry), stock yards;
(8) Any other use prohibited under Chapter 2329.
Exception: Use prohibitions 1, 2, 3, and 4 listed above shall not apply to facilities in experimental and analytical laboratories when permission for such use has been obtained in writing from the state Department of Industrial Relations, nor in laboratories of state accredited schools, colleges, and other similar institutions for the purpose of instruction or experiment when approved by the Fire Chief of the City of Columbus, or designee. The use prohibition in (4) above shall not apply to the display and sale of fountain devices in accordance with the Ohio Revised Code.
SECTION 10. That Columbus City Codes are hereby supplemented with the repeal of existing Section 3389.09:
3389.09 - Slaughterhouse or stockyard.
A slaughterhouse or a stockyard requires a Special Permit and shall only be located in an M or M-1 Manufacturing District.
SECTION 11. That Columbus City Codes are hereby supplemented with the repeal of existing Section 3389.151:
3389.151 Ohio Medical Marijuana Control Program Retail Dispensary.
An Ohio Medical Marijuana Control Program Retail Dispensary 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 Ohio Medical Marijuana Control Program Retail Dispensary shall provide proof that their proposed location provides a minimum 500-foot separation from other Ohio Medical Marijuana Control Program Retail Dispensaries. Distance separation as required in this section is measured from the closest point on a parcel line containing the Ohio Medical Marijuana Control Program Retail Dispensary and the closest point on a parcel line containing the zoning district or use it is to be separated from.
The board of zoning adjustment shall grant a special permit for a Medical Marijuana Retail Dispensary only when it finds that the following conditions have been met:
(a) Applicants shall provide proof of compliance of providing notice to all property owners within 250 feet of the proposed location.
(b) Applicant shall also provide a presentation to the applicable area commission or civic association, if established, that shall include the following information:
(i) an introduction of the company along with background, anticipated earliest opening date, operating hours and days of the week, and an emergency contact name and number.
SECTION 12. That prior existing sections 3303.05, 3303.06, 3303.15, 3353.03, 3356.03, 3363.08, 3365.08, 3367.08, and 3387.01 of the Columbus City Codes are hereby repealed.
SECTION 13. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.