Explanation
BACKGROUND:
The Columbus Zoning Code, Title 33 of the Columbus City Codes, contains a list of uses that are prohibited within the city. This code chapter, Chapter 3387, has not been updated in over 24 years and contains outdated language as well as prohibits uses that have been rendered safer through modern industrial processes and would be better regulated as a Special Permit Use.
This ordinance revises Chapter 3387, "Prohibited Uses" and along with a companion ordinance updating the Special Permit uses contained in Chapter 3389, will create the regulatory framework, including definitions, in order to appropriately regulate certain uses. Multiple code definitions and sections have been added or amended to facilitate the understanding, implementation, and enforcement of these regulations.
FISCAL IMPACT:
No funding is required for this legislation.
Title
To repeal and enact a new Chapter 3387, Prohibited Uses, of the Columbus Zoning Code, in order to update the list of prohibited uses and to modernize the language associated with them by amending and adding various definitions to Chapter 3303 of the Columbus Zoning Code.
Body
WHEREAS, trends in development continue to evolve making periodic updates to the Zoning Code necessary; and
WHEREAS, numerous definitions in the Zoning Code are in need of being created or revised for better understanding, interpretation, implementation, and enforcement of the Zoning Code; and
WHEREAS, the Columbus Zoning Code, Title 33 of the Columbus City Codes, contains a list of uses that are prohibited within the city in Chapter 3387; and
WHEREAS, Chapter 3387, "Prohibited Uses", has not been updated in over 24 years and contains outdated language as well as prohibits uses that have been rendered safer through modern industrial processes and would be better regulated as a Special Permit Use; and
WHEREAS, this code change will create the regulatory framework, including definitions, in order to appropriately regulate prohibited uses in a modern and effective manner; 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 3303.01 of the Columbus City Codes, 1959, is hereby amended to read as follows:
3303.01 Letter A.
"Abattoir" means a use or building arranged or devoted to the killing of animals other than poultry or game.
"Abutting" means bordering.
"Accessory" means a subordinate use, building or structure located on the same lot with and of a nature incidental to the principal use, building or structure.
"Accessory Parking" and "Non-accessory Parking."
1. "Accessory parking" means automobile parking as a subordinate use and of a nature incidental to but supportive of the principal use, building or structure. Accessory parking is characterized as a free service for employees and/or customers of the principal use, building or structure.
2. "Non-accessory parking" means automobile parking as a principal rather than a subordinate land use and is neither accessory nor code-required. Non-accessory parking is generally characterized as a commercial service.
"Activities, specified sexual." (See "Specified sexual activities.")
"Activity" means an individual tenant, business, or other commercial or noncommercial establishment or occupancy.
"Addition" means a part added to a building either by constructing so as to form one (1) architectural whole, or by joining, as by a passage, so that each is a necessary adjunct or appurtenance of the other or so that they constitute the same building.
"Administrator" when used without clarification means the director or his or her designee.
"Adult booth" means an area of an adult entertainment establishment or adult store separated from the rest of a building by a divider, partition or wall and used to:
1. Demonstrate, play, or show adult material, or
2. View a live performance distinguished or characterized by an emphasis on the depiction, description, exposure, or representation of specified anatomical areas or the conduct or simulation of specified sexual activities.
"Adult entertainment establishment" means an auditorium, bar, cabaret, concert hall, nightclub, restaurant, theater or other similar commercial establishment that recurrently features or provides one or more of the following:
1. Persons who appear in the nude;
2. A live performance distinguished or characterized by an emphasis on the depiction, description, exposure, or representation of specified anatomical areas or the conduct or simulation of specified sexual activities; or
3. Audio or video displays, computer displays, films, motion pictures, slides or other visual representations or recordings characterized or distinguished by an emphasis on the depiction, description, exposure or representation of specified anatomical areas, or the conduct or simulation of specified sexual activities.
"Adult material" means items consisting of one or more of the following:
1. Digital or printed books, magazines, periodicals, audio, video displays, computer displays, films, motion pictures, slides, or other visual representations or recordings that are characterized or distinguished by an emphasis on the depiction, description, exposure, or representation of specified anatomical areas or the conduct or simulation of specified sexual activities, or
2. Devices, instruments, novelties or paraphernalia designed for use in connection with specified sexual activities, or that depict or describe specified anatomical areas.
"Adult store" means one or more of the following:
1. An establishment which has a majority of its shelf space or square footage devoted to the display, rental, sale, or viewing of adult material for any form of consideration.
2. An establishment with an adult booth.
"Aggregate Graphic Area." (See "Graphic area.")
"Alley" means a right-of-way not less than ten (10) feet wide but less than thirty-five (35) feet wide located at the rear or side of lots, dedicated to public use for travel or transportation and generally affording secondary access to abutting property.
"Alley line" means a lot line bordering on an alley.
"Alter" or "Alteration," and "Structural Alteration."
"Alter" or "alteration" means any change, rearrangement or modification in construction or in the exit facilities or the moving of partitions from one location or position to another.
"Structural alteration" means any change in the supporting members of a building such as bearing walls, columns, lintels, beams or girders or floor construction.
"Amusement arcade" means any place of business at which five (5) or more game machines as defined in Section 559.01 of the Columbus City Codes, 1959, are located for the use or entertainment of persons patronizing the place of business.
"Amusement Park" means any premises offering three or more amusement rides for hire on a per use basis or the charging of an admission fee for more than twenty-one (21) calendar days in a calendar year. An amusement ride is a ride or device, aquatic device, or a combination of devices that carries or conveys passengers on, along, around, over, or through a fixed restricted course within a defined area for the purpose of giving its passengers amusement pleasure, or excitement. "Amusement Ride" includes carnival rides, bungee jumping, inflatable rides and fair rides. Amusement park does not include an approved special event allowed by C.C. Chapter 3390.
"Anatomical Areas, Specified" (See: "Specified anatomical areas.")
"Animal Kennel" or "Animal Shelter" means any building, structure, or premises which is used, arranged, intended or designed to be used for the boarding and/or breeding of animals for more than a consecutive twenty-four (24) hour period and not located or operated in conjunction with the practice of a licensed veterinarian on the same parcel. Pet day care, pet grooming facilities, pet stores and pet supply stores, with no outside runs, shall not be considered an animal kennel.
"Animated Graphic" (See "Graphic.")
"Antenna" means any system of wires, poles, rods or similar devices for transmitting or receiving radio signals or television signals, or both, together with the structure used for the primary purpose of supporting same, including the foundation, guys, and all other components thereof.
"Apartment complex" means a residential development under one control and consisting of three (3) or more apartment houses erected on a lot which has frontage on and access to a public street through an approved system of private drives.
"Apartment hotel" means a building arranged, intended or designed to be occupied by five (5) or more individuals or groups of individuals living independently but having a common heating system and a general dining room.
"Apartment house" means a building arranged, intended or designed to be occupied by five (5) or more individuals, groups of individuals or families living independently of each other and with cooking facilities for the exclusive use of each of the individuals, groups of individuals, or families who occupy the premises. The number which an apartment house is designed to accommodate shall be determined by the number of separate dwelling units in such dwelling.
"Approved combustible material" means wood or any material not more combustible than wood, as specified in the most recent National Electrical Code; and approved plastics.
"Architectural decoration" means an element, design or motif, other than an architectural feature; installed, attached, painted or applied to the exterior of a building or structure for the purpose of ornamentation or artistic expression. (Compare with "Architectural feature.")
"Architectural feature" means a window, door or other element of building design intended to be functional and any ornamentation associated therewith. (Compare with "Architectural decoration.")
"Architectural review commission" when used without clarification means the historic resources commission created by Chapter 3117, C.C., or an architectural review commission created by Chapter 3319 to Chapter 3331, C.C., inclusive, and having jurisdiction over the application.
"Architectural review commission guidelines" means the document adopted by an architectural review commission that sets forth the architectural characteristics of a listed property or an architectural review commission area, or a specific property therein and provides design guidance for appropriate construction or alteration therein pursuant to the provisions of the pertinent chapter. Guidelines and standards are intended to be consistent with each other.
"Arterial street" means any street for which the primary function is to move vehicles from one section of the city or county and which is so designated on the city of Columbus thoroughfare plan and arterial construction type adopted by city council and used for express, moderate speed travel (usually thirty-five to fifty (35-50) miles per hour) within an urbanized area.
"Automatic changeable copy." (See "Changeable copy.")
"Aviation field". See "Landing Field".
"Aviation field" means a use devoted to the take-off, landing and storing of aircraft.
"Awning" means a hood or cover that projects from the wall of a building intended only for shelter or ornamentation.
"Fixed awning" means an awning constructed with a rigid frame which cannot be retracted, folded or collapsed.
"Illuminated awning" means a fixed awning covered with a translucent membrane and which is, in whole or part, illuminated by light passing through the membrane from within the structure; also known as an "electric awning."
"Retractable awning" means an awning, which can be, retracted, folded, or collapsed against the face of the supporting building.
"Canopy" means an awning, which is additionally supported by one (1) or more columns.
"Marquee" means a fixed awning or canopy, which requires additional loading for graphics.
Section 2. That the existing Section 3303.03 of the Columbus City Codes, 1959, is hereby amended to read as follows:
3303.03 Letter C.
"Cabaret" means a nightclub, or restaurant where performers dance, sing, or engage in plays for patrons.
Canopy. See "Awning."
"Carry-out" means a retail business operation, established on an individual tract of land or lot; occupying less than ten thousand (10,000) square feet of gross floor area, engaged in the sale of food and beverages which are furnished to customers primarily for consumption or use off the premises.
"Cemetery" means any non-publicly owned parcel of land designed, intended to be used, or used for the burial of deceased persons or animals. For purposes of this code, a burial lot and columbarium shall be included in the definition of cemetery.
"Change of use" means any alteration in the primary use of a lot for zoning purposes which may entail the need for additional parking or loading facilities.
Changeable Copy.
"Automatic changeable copy" means a sign, or portion of a sign on which the copy changes automatically on a lamp bank or through mechanical means, e.g., electrical or electronic time and temperature or message center units.
"Manual changeable copy" means a sign, or portion of a sign on which copy is changed manually in the field, e.g., a reader board with changeable letters.
"Chapter" when used without clarification means a chapter of the Columbus Zoning Code.
"Child day care" means administering to the needs of infants, toddlers, pre-school children, and school children outside of school hours by persons other than their parents or guardians, custodians, or relatives by blood, marriage, or adoption for any part of the twenty-four (24) hour day in a place or residence other than a child's own home.
"Child day care center" means any place in which child day care is provided for seven (7) or more infants, preschool children, or school-age children outside of school hours in average daily attendance, other than the children of the owner or operator of the center, with or without compensation, as all such minors are defined by Ohio Revised Code 5104.01.
"Child day care type B home" means the permanent residence of the owner-operator in which child day care is provided for no more than six (6) children at one time and in which no more than three (3) children may be under two (2) years of age at one time. Amplifications of Revised Code 5104.01 (E) shall apply.
"Circulation area" means all of the area within a parking lot exclusive of driveways or off-street parking or loading spaces, which is provided for vehicular maneuvering, pedestrian movement or other accessory or incidental purposes.
Civic Sign. See "Sign."
"Clearance" in the context of the Graphics Code means the smallest vertical distance between the grade of the adjacent street; curb or land and the lowest point of any sign, including framework and embellishments, extending over that grade.
"Commercial Swimming Pool" means any in-ground, on-ground, or above-ground permanently affixed swimming pool, wading pool, lake or pond filled or capable of being filled with water to a depth greater than twelve (12) inches at any point therein and operated on a commercial basis through the charge of a per use, admission, or membership fee. A commercial swimming pool as defined here may be a primary use or accessory structure.
Commercial Use. See "Use, institutional, commercial or manufacturing."
"Commercial vehicle" means any vehicle used or designed to be used for business or commercial purposes which infringes on the residential character of residential districts and includes, but is not necessarily limited to: a bus, cement truck, commercial tree-trimming equipment, construction equipment; dump truck, garbage truck, panel truck, semi-tractor, semi-trailer, stake bed truck, step van, tank truck, tar truck, or other commercial type vehicle licensed by the Ohio State Bureau of Motor Vehicles as a commercial vehicle or truck.
Community Residential Treatment Center. See "Halfway house."
"Compost facility" means a structure or premises designed, intended to be used, or used for the processing, creation, and open air storage of compost for subsequent sale. Compost means the mixture of decaying organic ingredients and conditioners for use as fertilizer. A location containing pre-packaged compost or open air compost for use exclusively on the same parcel shall not be considered a compost facility for purposes of a Special Permit.
Conditional means safeguards established by the development commission or board of zoning adjustment.
Construction Sign. See "Sign."
Co-op Sign. See "Sign."
Copy. See "Sign copy."
"Copy area" means the area of the smallest basic geometric figure, such as a parallelogram, circle, triangle, or combination thereof, which can be described so as to enclose the actual copy of a sign.
"Corner lot" means a lot at the intersection of and abutting on two (2) streets not less than thirty (30) feet in width.
"Court" means an open, uncovered, unoccupied space other than a required yard or area containing off-street parking spaces, unobstructed from the ground to the sky, and located on the same lot with a building or buildings, and either surrounded by the walls of the building or enclosed on two (2) or more sides by such walls.
"Court-type development" means a residential type development in which the area of the court exclusive of all required yards and off-street parking spaces shall be not less than one-half (1/2) of the gross ground floor area of the buildings the court is intended to serve, and the width or diameter of the court area shall be not less than the average height of the building or buildings it is intended to serve.
"Crematory" means a structure designed, intended to be used, or used for the cremation of human or animal remains.
Section 3. That the existing Section 3303.04 of the Columbus City Codes, 1959, is hereby amended to read as follows:
3303.04 Letter D.
"Density" means a unit of measurement of the number of dwelling units per acre of land derived by dividing the total number of dwelling units within the particular project, development or subdivision for which an application is filed by the total number of acres contained in such project, development or subdivision excluding all dedicated public streets therein.
"Department" when used without clarification means the department of development of the city.
Directional Sign. See "Sign."
"Director" when used without clarification means the director of the department of development or his or her designee.
Directory Sign. See "Sign."
"District," for the general purposes of the Zoning Code but not for purposes of architectural review, all properties of the same use, height and area classification which adjoin or are continuous without intervening property of another classification regardless of any street, alley, easement or reserve that may intervene.
"Division" when used without clarification means the building services division in the department of development.
"Dormitory" means a building arranged, intended, or designed to be occupied by unrelated persons as either individuals or groups who occupy common sleeping rooms and share related facilities such as bathrooms and washrooms. This type use differs from an "apartment house" in that separate cooking facilities are not available for each of the individuals, or groups of individuals, who occupy the building but common eating facilities and related cooking facilities may be provided in the building.
"Double duplex" means a separate or detached four (4) family residence, the first and second floors of which are each designed and arranged for use by two (2) families separated by a vertical division wall, each unit of which is heated independently of the others. Each dwelling unit shall have its own separate, private means of ingress.
Double-Faced Sign. See "Sign."
"Drive-in" or "drive-in business" means a use of an individual tract of land or lot on which all of the following exist:
The use is contained in a building with a gross floor area of less than ten thousand (10,000) square feet; and
The buildings and site are designed, developed, and operated as a business which is conducted primarily for convenience of customers arriving and departing from the place of business by automobile to purchase the products or receive services; and
The business includes a limited range of food and beverage items or services for sale, a high volume of sales, and sales transactions are usually completed within five (5) to fifteen (15) minutes.
A drive-in is distinguishable from other businesses allowed in the C-l through C-4 zones such as book stores, department stores, and supermarkets, where trade in the product or service is the primary purpose, and use of the automobile to patronize the business is incidental to purchasing the product or receiving the services. Products or services sold at a drive-in may be consumed or used either on or off the premises or lot. Drive-in includes a carry-out and fast-food business.
"Drive-In Theater" means a premises designed, intended to be used, or used to show films or provide other entertainment to patrons in their motor vehicles.
"Dry cleaning establishment" means a use involving the cleaning or dyeing of fabrics, employing the services of more than three (3) persons, the use of mechanical appliances requiring more than a three (3) horsepower motor, and the use of volatile or explosive substances.
"Dwelling" means a building containing a minimum of one (1) but not more than four (4) dwelling units.
"Dwelling unit" means a single, self-contained unit providing independent living facilities for one (1) or more individuals and which contains eating, living, sanitary and sleeping areas and one (1) cooking facility, all for exclusive use by the occupants. This definition does not apply to units in dormitories, homeless shelters, hotels, motels or other buildings designed for transients.
Section 4. That the existing Section 3303.05 of the Columbus City Codes, 1959, is hereby amended to read as follows:
3303.05 Letter E.
"Embellishment" means an extension to an approved sign face of a billboard for flexibility of design, primarily for the purpose of accommodating national advertising designs.
Electrical Graphic. See "Graphic."
Entry Feature Sign. See "Sign."
"Erect" means, generally, to construct, build, raise or establish either under, upon or above the ground surface. "Erect" in reference to a graphic means to affix, attach, build, construct, hang, locate, place, suspend, or paint. This term includes and is used interchangeably with the term "install."
"Established grade" means the elevation of the street curb as fixed by the city.
"Establishment" means a lawful entity, incorporated or unincorporated, that owns, rents, or leases space to conduct a commercial or noncommercial activity.
"Extend" means to enlarge or increase an area used or occupied.
Exterior Graphic. See "Graphic."
"Explosives" means any materials or combination of materials classified as an explosive under C.C. Chapter 2256.
Section 5. That the existing Section 3303.06 of the Columbus City Codes, 1959, is hereby amended to read as follows:
3303.06 Letter F.
"Facing," in reference to a sign, means the readable copy area visible to traffic proceeding in one (1) direction along a public street.
"Fast-food business" means a retail business operation, established on an individual tract of land or lot, occupying less than ten thousand (10,000) square feet of gross floor area, where the products purchased by the customer consist of prepared food and beverages ready for immediate consumption.
"Fireworks" means any pyrotechnic devices classified as fireworks under C.C. Chapter 2533.
"Firing Range" means any non-publicly owned property or premises designed or used for the discharging of a firearm, including air rifles and air pistols. A game or exhibit that includes the use of an air rifle or air pistol exclusively for a period of no more than twenty-one (21) calendar days in a single calendar year shall not be considered a firing range for purposes of this Code.
"Fit to display" means, in the context of a flag or banner, that the entire flag or banner and supporting structure is in good and safe condition, with no holes, and that is not tattered, substantially faded or reduced in readability, or that is in a state of mechanical deterioration.
"Flag" means an ensign, standard, colors, or emblem of a governmental body.
Flashing Graphic. See "Graphic."
"Flood plain development." See Chapter 3385.
"Freeway" means an arterial street with full control of access, and complete grade separation at all crossroads. Freeways accommodate heavy traffic at high speeds (usual fifty-five (55) to sixty-five (65) miles per hour).
"Front line of a building" and "front yard line" mean, respectively, that portion of the building line or yard line adjacent to the street line affording principal access to the building. (See also "Lot front.")
"Frontage," of a building, and of a lot or property:
1. "Building frontage" means the facade of a building most nearly parallel to an abutting public right-of-way which affords principal access.
2. "Lot frontage" or "property frontage" means the length of the property line of any one (1) premises along an abutting public right-of-way.
"Fronting" means bordering, in the sense of affording principal access.
Section 6. That the existing Section 3303.08 of the Columbus City Codes, 1959, is hereby amended to read as follows:
3303.08 Letter H.
"Habitable space" means space in a dwelling unit used only for cooking, eating, living or sleeping.
"Halfway house" or "community residential treatment center" means a facility for supervision and rehabilitation of persons placed therein by the Department of Rehabilitation and Correction, Federal Bureau of Prisons, a court, or otherwise for parole, probation, furlough, treatment of drug or alcohol abuse and addiction, vocational training and counseling, or adjustment to private life and noninstitutional society and which may be licensed and inspected by the Ohio Department of Rehabilitation and Correction, the Adult Parole Authority, the Ohio Department of Health or a similar agency.
Height.
"Height of a detached garage" means the perpendicular distance measured in a straight line from the curb level, or from the finished grade line of the lot where such grade is higher than the curb, to the highest point of such garage.
"Height of any other building" is the perpendicular distance measured in a straight line from the curb level, or from the finished grade line of the lot where such grade is higher than the curb, to the highest point of the roof beams in the case of flat roofs, and to the mean between the point of the gable and the eaves in the case of high pitched roofs, the measurements in all cases to be taken through the center of the facade of the house. Where a building is on a corner lot and there is more than one (1) grade level the measurements shall be taken through the center of the facade on the street having the lowest elevation.
Height of a Sign. See "Sign height."
"Helipad". See "Landing Field".
"Heliport". See "Landing Field".
"Heliport" means an aviation accessory located on open land, public property or land approved by the development commission and a use devoted to the take-off, landing and storing of helicopters.
Break1
"Historic district" means a group of two (2) or more sites, buildings, structures, or objects in the city designated as listed in the National Register of Historic Places or the Columbus Register of Historic Properties, or within an architectural review commission area.
"Historic site" means any site, building, structure or object in the city designated as listed in the National Register of Historic Places or the Columbus Register of Histoic Properties.
"Home occupation" means an accessory use of a dwelling unit for a legitimate business, profession, trade or vocation conducted within an enclosed dwelling, which is clearly incidental and secondary to residential occupancy and does not change the residential character thereof.
"Home for the aging" or "home for the aged" means a home that provides:
1. Personal assistance for three (3) or more individuals who are dependent on the services of others by reason of age and physical or mental impairment, but who do not require skilled nursing care;
2. Personal assistance and skilled nursing care for three (3) or more individuals.
A home for the aging or aged shall be licensed by the Ohio Director of Health. The part or unit of the home for the aging that provides personal assistance shall be licensed as a rest home. The part or unit that provides skilled nursing care shall be licensed as a nursing home.
"Hotel" or "motel" means a building or part of a building, containing six (6) or more guest rooms or suites offering temporary residence for compensation, primarily for transient guests. Hotels and motels may include a manger's unit, and incidental amenities and services customarily provided by hotels and motels. Incidental services may include: cooking facilities within units; furnishings; linen service; maid service; food service; banquet, reception, meeting and recreational facilities; and ancillary internal retail sales and services provided for the convenience of hotel and motel guests.
"Housing for the elderly" means a use of property to provide housing for elderly persons applicable for such assistance under existing state and federal programs. Housing for the elderly is to be distinguished from other uses in that dwellingsevoted to this use shall contain so or all of the following:
1. Ramps or elevators for wheelchair use;
2. Doors of sufficient width to accommodate wheelchairs in all rooms;
3. Grab bars around tubs and toilets; and
4. Special features associated with group living such as dispensaries, medical facilities, common dining facilities, group recreation facilities and similar or related facilities.
Section 7. That the existing Section 3303.09 of the Columbus City Codes, 1959, is hereby amended to read as follows:
3303.09 Letter I.
Identification Sign. See "Sign."
Illegal Sign. See "Sign."
"Illuminated Sign." See "Sign."
"Impound lot" means any non-publicly owned and operated land designed, intended to be used, or used for the keeping of motor vehicles seized or retained by law.
"Incinerator" means any building, structure, or premises designed, intended to be used, or used for the incineration of anything other than human or animal remains.
"Industry" embraces operations involved in manufacture, production or processing of articles of use.
"Installation permit" means a single permit required in lieu of building and electrical permits for the installation
of a new sign or modification of a sign whenever either improvement requires a permit.
Institutional Use. See "Use, institutional, commercial or manufacturing."
Interior Graphic. See "Graphic."
"Interior lot" means a lot other than a corner lot, or that portion of a corner lot's area in excess of seventy-two hundred (7,200) square feet.
"Interstate system" means all portions of Interstate highways I-70, I-7 1, I-270, and I-670 located within the city limits, along with ingress and egress ramps thereof.
Section 8. That the existing Section 3303.12 of the Columbus City Codes, 1959, is hereby amended to read as follows:
3303.12 Letter L.
"Landing field" means any non-publicly owned and operated location either on land or water of such size and nature as to permit the landing or taking off of aircraft, including but not limited to airplanes, helicopters, or any other contrivance used or designed for flight in air, and used for that purpose.
"Landscape" means an expanse of scenery including lawns, plants, trees, and other natural materials, such as rock, stone, wood chips; and decorative features, including fountains, sculptures, walks, and water features.
"Landscape plan" means a component of a development and/or site plan on which is shown: (1) proposed landscape species including number, size, spacing, and planting details; (2) proposals for protection of existing vegetation during and after construction; (3) proposed decorative features; grade changes; buffers and screening; and (4) any other information required in order that authorized review bodies can make an informed decision to approve or deny the submission.
"Least dimension" means the shortest lineal dimension of any front, side, or rear yard. If two (2) opposite sides of a yard are not parallel, the "least dimension" is deemed the shorter distance of the two (2) measurements.
"Living quarters" means that portion of a dwelling, apartment house, or other building which is constructed
with ceilings and walls finished on the inside in accordance with the Building Code, Titles 41 and 43 of the City Codes.
"Loading space" means a rectangular area accessible from a public way and designed for the purpose of loading to or unloading from motor vehicles, having dimensions of not less than twelve (12) feet in width and fifty (50) feet in length, and with a height clearance of not less than fourteen (14) feet, exclusive of all driveways or other circulation areas.
"Lot" means a parcel of land occupied or designed to be occupied as a unit by one (1) building, one (1) apartment complex, one (1) multiple dwelling development, or one (1) commercial complex and the accessory buildings or uses customarily incident to it, if any, including such open spaces as are required by this Zoning Code and such open spaces as are arranged and designed to be used in connection with such building or buildings. Such lot shall be of record in the appropriate county recorder's office.
"Lot front" means that portion of a lot which abuts a public street (or alley if there is no public street frontage) and provides access to the property. If a lot abuts more than one (1) public street, the property owner prior to development may choose which fronting portion shall be the "lot front." If a lot or parcel does not abut a public street then that side or end of the lot or parcel which is nearest to a public street shall be considered to be the "lot front."
Lot Frontage. See "Frontage."
"Lot line" means the line of demarcation between properties either public or private.
Section 9. That the existing Section 3303.15 of the Columbus City Codes, 1959, 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."
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 (2) 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 incandescent 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 therefor 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 10. That the existing Section 3303.16 of the Columbus City Codes, 1959, is hereby amended to read as follows:
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.
"Pet Day Care" means any building, structure, or premises designed, intended to be used, or used for the temporary care or keeping of animals. For purposes of this definition, the word temporary means for a period of time less than twenty-four (24) hours in a day.
"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."
"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 11. That the existing Section 3303.19 of the Columbus City Codes, 1959, is hereby amended to read as follows:
3303.19 Letter S.
"Salvage" means any personal property which is bought, bartered, acquired, possessed, collected, accumulated, dismantled, processed, sorted or stored for reuse or resale such as: any type of used building material, such as, but not limited to, lumber, brick, concrete and masonry, steel beams, girders and columns, trusses, plumbing pipe and fixtures, and any other material formerly used for the construction of a structure, used or salvaged motor vehicles which are primarily used for parts, used steel drums and used containers, used fats, oils and greases, used tires, and similar or related articles or property.
"Salvage dealer" means any person who buys, exchanges, collects, receives, stores or sells any article defined as junk or salvage.
"Salvage yard" means any place where a person who is a junk dealer or salvage dealer buys, exchanges, collects, receives, stores, accumulates, sells or otherwise transfers junk or salvaged material.
"School" means a public or parochial primary or grade school, middle or junior high school, or senior high school as those terms are ordinarily used and shall not include a vocational or trade school or any institution other than one for children whose attendance is required by the laws of the state.
"Sculpture" means a three-dimensional construction or form, generally executed for the purposes of decoration or artistic expression; and displayed in any place accessible to the public.
Self-Contained Graphic. See "Graphic."
Self-Propelled Sign. See "Sign."
"Service station" means a use of property for retail sales of gasoline or other motor vehicle fuels and oils for delivery into automotive vehicles and may include retail sales of lubricants, tires, batteries, and automotive accessories; the rendering of services and the making of adjustments and replacements to motor vehicles; the washing, waxing and polishing of motor vehicles without an independent structure therefor; and the making of light repairs to motor vehicles which does not include or necessitate the dismantling or repair of the motor vehicle outside of the building, or the storage outside of the building of dismantled motor vehicles or any outside storage or assemblage of motor vehicle parts, accessories or components.
"Setback line" means the building line.
"Shall" means mandatory and not merely directory.
"Shared living facility" means a dwelling unit cooperatively used by six (6) or more individuals, unrelated to each other by blood or marriage, as a single housekeeping unit wherein each of the common areas of the unit such as, but not limited to, the kitchen, living room and dining room, is available to each such individual who participates in the costs and maintenance of the unit.
The term "shared living facility" expressly excludes use as a boarding home, child day care center, clinic, convalescent home, dormitory, hospital, institution, nursery school, nursing home, rooming house, school, or other similar use. For the purpose of licensing and regulating such use, however, the term "shared living facility" is included within the term "rooming house" as defined in C.C. 4501.32 and as used in Title 45, C.C.
The term shall include each "residential care facility" composed of six (6) or more individuals.
"Shop for custom work" means a building in which is conducted an operation of assembly, repair service or manufacture of articles upon order and for retail sale on the premises. Thus, a radio repair shop, furniture repair shop, upholstery shop, or similar use would be a "shop for custom work" while a locomotive or machinery shop would not be a shop for custom work.
"Show window display" means a display of goods or advertising materials in a show window as defined in Article 100 of the National Electrical Code, most recent version.
Side Wall Sign. See "Sign."
"Sign" means a name, identification, description, display or illustration which is affixed to or painted upon or represented directly or indirectly upon a building, structure or piece of land or affixed to the glass on the outside or inside of a window or door, or inside a building within three (3) feet of a window or door so as to be readable from outside the building, and which directs attention to an object, product, place, activity, person, institution, organization, business, or the like.
The term "sign" includes any associated sign face, sign structure, pole cover, embellishment, decorative element and source of illumination; but excludes architectural decoration, mural, sculpture, show window display, outline lighting and projector graphic.
"Abandoned sign" means a sign which no longer identifies or advertises the service, product, or activity with which the sign was most recently associated and/or for which the owner cannot be found.
"Civic sign" means a permanent off-premises sign advertising the existence or availability within the local area of civic, fraternal, religious, or other institutional organizations.
"Construction sign" means a temporary sign to denote a future facility, to identify a project under construction on the lot on which the sign is erected, and to indicate project name, logo, address, contractor, subcontractor, architect, bank, or similar information.
"Co-op sign" means an on-premises sign that both identifies and promotes an establishment on the site and promotes a specific product or service that is not the principal product or service available at the site.
"Directional sign" means an on-premises sign conveying only directions or instructions with respect to the premises on which it is located.
"Directory sign" means a sign (usually on-premises) that incorporates a list of names or activities.
"Double-faced sign" means a sign with two (2) sign faces arranged back-to-back parallel to each other and separated by no more than two (2) feet, or arranged back-to-back with the faces separated by an angle of no more than sixty (60) degrees. Where directed to a public street, the sign faces of a double-faced sign shall be perpendicular to that street
"Entry feature sign" means a permanent on-premises sign identifying a vehicular entrance to a residential subdivision, residential complex or institutional use.
"Ground sign" means a freestanding detached sign whose support structure is imbedded in the ground.
"Identification sign" means a sign which primarily displays the name and address of a building, institution, or person and/or the activity or occupation being identified.
"Illegal sign" means a sign which does not meet the requirements of the Graphics Code and which is not a nonconforming sign.
"Illuminated sign" means a sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.
"Monument sign" means a ground sign, usually low in profile, with a monolithic, base.
"Multi-faced sign" means a sign with more than two (2) sign faces arranged so that some or all of the faces are not parallel to each other, and/or directed to different streets or vantage points.
"Neon sign" means a sign formed in whole or part with neon.
"Nonilluminated sign" means a sign without lighting of any kind as part of the sign installation or structure.
"Off-premises sign" means a sign used to advertise, promote, or provide direction to any person, activity, establishment, product or service available, produced or manufactured at a location other than on the property on which the sign is located; including any display surface, supporting structure, lighting, maintenance walkway and embellishment. The term includes "billboard" as defined in C.C. 3303.02.
"On-premises sign" means a sign which pertains to the use of the premises on which it is located.
"Permanent sign" means a legal sign which is not restricted as to the duration of time it may be displayed.
"Political sign" means a temporary sign, the purpose of which is to inform the public or to support or oppose any candidate or candidates for public office or any ballot question or issues to be voted on in any election.
"Portable sign" means a sign designed or constructed in such a manner that it can be moved or relocated without involving any structural or support changes. The term does not include a self-propelled or trailer sign.
"Private sign" means any sign other than a public sign.
"Projecting sign" means a sign that is attached to the facade of a building or to an awning or canopy attached to a building facade; which projects outward from the facade more than twenty-four (24) inches and which is installed with the sign faces between forty-five (45) degrees and ninety (90) degrees relative to said facade or to the street to which the sign is directed.
"Public sign" means a sign required by law or governmental regulations, including but not limited to legal notices and traffic controls or similar regulatory devices.
"Real estate sign" means a sign advertising the sale, rental or lease of all or a portion of the building or land upon which it is displayed.
"Roof sign" means a sign erected upon the roof of a building, any portion of which is above the roof line of the building.
"Self-propelled sign" means an off-premises sign that is mounted on or attached to a self-propelled vehicle.
"Side wall sign" means an on-premises wall sign attached to or displayed on a building facade which is most nearly perpendicular to a public street bordering the subject site.
"Single-faced sign" means a sign with one (1) facing only.
"Temporary sign" means a sign having a specific limitation as to the length of time it may be displayed.
"Trailer sign" means a sign mounted on a trailer chassis with or without wheels and used as an on-premises or off-premises sign.
"Wall sign" means a sign that is mounted on or attached to a building facade or other structure which supports a roof, including any sign which is part of or attached to an awning or canopy; that does not project outward more than twenty-four (24) inches from the surface to which it is attached; and that is less than forty-five (45) degrees from parallel to the plane of the facade to which it is attached.
"Window sign" means a sign applied to a window or door and readable from the outside. (See also "Exterior graphic" and "Interior graphic.")
"Sign copy" means any combination of letters, numerals, words, symbols, pictures, emblems or other characters that constitute a message in either permanent or removable form.
"Sign face" means the surface or plane on which the copy and other individual graphic elements constituting a sign are displayed.
"Sign height" means the vertical distance measured from the highest point of the sign, excluding embellishments, to the grade of the adjacent street or the surface grade beneath the sign, whichever is less. (Compare with "Clearance.")
"Sign setback line" means the boundary of an area adjacent to a public right-of-way or other lot property line and within which no part of a sign shall be located. "Required sign setback" means the minimum allowable separation between a sign and a property line or, right-of-way line or other referent.
"Sign structure" means the portion of a sign which supports, has supported or is capable of supporting a sign face and/or copy.
Single-faced sign. See "Sign."
"Single-family dwelling" means a residential building consisting of one (1) dwelling unit and which is arranged, intended or designed for one (1) family. The term shall not include a manufactured home or a mobile home.
"Skilled nursing care" means procedures that require technical skills and knowledge beyond those the untrained person possesses and that are commonly employed in providing for the physical, mental, and emotional needs of the ill or otherwise incapacitated, including, without limitation, procedures such as:
1. Irrigations, catheterization, application of dressings, and supervision of special diets;
2. Objective observation of changes in the patient's condition as a means of analyzing and determining the nursing care required and the need for further medical diagnosis and treatment;
3. Special procedures contributing to rehabilitation;
4. Administration of medication by any method ordered by a physician such as hypodermically, rectally, or orally;
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5. Carrying out other treatments prescribed by the physician that involve a similar level of complexity and skill administration.
"Slaughterhouse" means a use of a building arranged or devoted to the killing of animals other than poultry or game.
Special Event and Approved Special Event.
"Special event" means a preplanned major activity sponsored by an organization, proposed to be held on public property or private property and open to the public, for the purpose(s) of entertainment, celebration, amusement, cultural recognition, arts and crafts displays and/or sales, amateur sports demonstration or competition, or similar activities.
"Approved special event" means a special event for which all permits, licenses or other approvals required by the city, or other governmental body have been obtained.
"Specified anatomical area" means the following:
1. A human anus, buttocks, genitals, or pubic region with less than a complete and opaque covering,
2. A human female breast below a point immediately above the top of the areolae, but not including a portion of the cleavage of the female breast exhibited by a bathing suit, blouse, dress, leotard, shirt, or other wearing apparel, provided that neither the areolae nor nipples are exposed,
3. Human male genitals in a discernibly tumid state, even with a complete and opaque covering, or
4. A covering or device that when worn, simulates human female genitals, human female areolae or nipples, or human male genitals in a discernibly tumid state.
"Specified sexual activities" means the following:
1. Actual or simulated sex acts including masturbation, oral copulation, sexual intercourse, or sodomy;
2. Fondling or other erotic touching of a human anus, buttocks, genitals, pubic region, or female breast, whether self-directed or as part of direct contact between two or more persons;
3. Human genitals in a state of sexual arousal, stimulation, or tumescence; or
4. Excretory functions as part of or in connection with an activity listed in numbers 1 through 3 of this definition.
"Stockyard" means an area enclosed by fence or other structural means for the keeping of livestock.
Story and Half Story.
"Story" means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portio of a building included between the upper surface of the topmost floor and the ceiling or roof above. When the ceiling of the lower story of a building can be used for any purpose except service equipment pertaining to the building such lower and or attic story shall be a story for the purpose of this Zoning Code. The first floor level shall mean the floor level at or nearest the grade level at the principal entrance.
"Half story" means a story under a gable, hip or gambrel roof, the wall plates of at least two (2) of the exterior walls being not more than three (3) feet above the floor of such story.
"Storage yard" means an open place where materials other than junk or salvage are stored.
"Street" means any public thoroughfare or public park not less than thirty-five (35) feet in width which has been dedicated or deeded to the city for public uses.
"Street line" means the lot line bordering a street, park or other public way other than an alley.
"String of banners" means a display consisting of four (4) or more banners attached to the same flag pole or to a string, rope, wire or the like.
"String of lights" means four (4) or more electric lamps arranged with individual lampholders supported and powered by electrical conductors which are exposed to view.
"String of pennants" means a display consisting of four (4) or more pennants attached to the same flag pole or to a string, rope, wire or the like.
"Structure" means a combination of materials, other than a building, to form a construction that is safe and stable including, but not limited to, stadium, gospel or circus tent, reviewing stand, platforms, staging, observation tower, shed, coal bin, or fence in excess of six (6) feet in height. The term "structure" shall be construed as if followed by the words "or parts thereof."
"Studio" means the working room of an artist, painter, sculptor, or by extension, one engaged in any more or less artistic employment such as photography or design.
"Supermarket" means a store which is primarily for the retail sale of food and which has a gross floor area, including all types of storage rooms, restrooms, and other incidental rooms or areas, of ten thousand (10,000) square feet or more.
"Swimming Pool, Private" means any in-ground, on-ground, or above-ground permanently affixed pool filled or capable of being filled with water to a depth greater than thirty (30) inches at any point therein and maintained solely for use by a property owner and guests as an accessory use and structure to a residence.
"Swimming Pool, Portable" means any non-permanent on-ground or above-ground swimming or wading pool filled or capable of being filled with a water depth of no more than thirty (30) inches at any point therein. A portable swimming pool is considered a structure under this Code.
Section 12. That Columbus City Codes, 1959, are hereby supplemented with the creation of a new section numbered 3387.01, reading as follows:
3387.01Prohibited 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 ncluding hydrochloric, nitric, sulphrc, sulphurous 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.
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 his or her designee.
Section 13. That existing Chapter 3387 of the Columbus City Code, 1959, is hereby repealed.
3387.01 Prohibited uses specified.
Within the city, no buildings or premises shall be used, and no buildings shall be erected which are arranged, intended or designed to be used for any of the following specified uses:
(a) Acid manufacture, including hydrochloric, nitric, sulphuric, sulphurous or hydrofluoric acid;
(b) Bronze powder or other metallic powder manufacture;
(c) Cemetery;
(d) Cement, lime, gypsum or plaster of Paris manufacture;
(e) Distillation of bones, coal or wood, or manufacture of any of the by products of such distillation, distillery;
(f) Dump for refuse, except clean fill;
(g) Explosive manufacture or storage;
(h) Fat, grease, lard or tallow manufacturing; rendering or refining;
(i) Fertilizer manufacture from phosphate or organic matter;
(j) Gelatin, glue or size manufacture;
(k) Incineration or reduction of dead animals, garbage, offal or refuse, except that which is produced on the premises and goes into private incinerators operated and constructed in accordance with pertinent government regulations; or that which is collected by the city and goes into publicly owned electric generating plants; and except as covered in Chapter 3389 under special permit;
(l) Kennels;
(m) Mineral insulation manufacture;
(n) Nitrating of cotton or other cellulose material;
(o) Rayon manufacture;
(p) Slaughtering of animals (except poultry), stock yards;
(q) Storage or processing hides;
(r) Any other trade, industry or use that will be injurious, hazardous, noxious, or offensive to an extent equal to or greater than any one (1) of the enterprises enumerated above.
Section 14. That this ordinance shall take effect and be in force from and after the earliest period provided by law.