Explanation
BACKGROUND:
This ordinance repeals existing Columbus Zoning Code Chapter 3391, Nonconforming Uses and Existing Uses, and creates a new Chapter 3391, Nonconformities. The revised chapter clearly separates nonconforming uses and structures, and provides for nonconforming lots and parcels. Destruction of a building will no longer terminate a nonconforming use, and the new code will allow garages and similar non-habitable additions to nonconforming residential uses.
The purpose of the proposed code change is to continue to promote development consistent with the zoning map and code as much as possible, while allowing property owners to continue and maintain legally established uses, structures, and parcels that no longer comply with underlying zoning districts or newer development standards of the zoning code.
The Columbus Development Commission voted to recommend approval of this Columbus Zoning Code revision at its monthly public meeting on October 11, 2012.
FISCAL IMPACT: No funding is required for this legislation.
Title
To amend Chapter 3391 of the Columbus City Codes, 1959, by the repeal of the existing Chapter 3391, Nonconforming Uses and Existing Uses, and enactment of a new Chapter 3391, Nonconformities, relating to expansion, moving, and restoration of nonconforming structures; expansion, substitution, and discontinuance of nonconforming uses; and the continued use of nonconforming parcels.
Body
WHEREAS, the continued use, operation, and presence of nonconforming uses, structures, and parcels
is inconsistent with the current zoning map or zoning code; and
WHEREAS, it is desirable to promote development and redevelopment consistent with the zoning map and code as much as possible; and
WHEREAS, the City of Columbus seeks to protect surrounding properties, persons, and the community from being adversely affected by nonconformities; and
WHEREAS, the City acknowledges that area-wide rezonings in the past have caused legally established neighborhoods to contain numerous nonconforming dwellings; and
WHEREAS, the City acknowledges that past changes to lists of permitted uses in certain zoning districts have resulted in nonconforming dwellings in manufacturing and commercial districts; and
WHEREAS, it is desirable to allow property owners continuing reasonable use and maintenance of legally-established uses, structures and parcels that no longer comply with underlying zoning districts or current development standards of the zoning code; and
WHEREAS, owners of nonconforming uses can face hardship in refinancing their legally-established uses; and
WHEREAS, the existing Columbus zoning code Chapter 3391, Nonconforming Uses and Existing Uses, was last modified in 1972, when several sections were deleted; and
WHEREAS, City Staff finds the existing Chapter incomplete in some areas, overly restrictive in others, and generally inconsistent with contemporary zoning regulations; and
WHEREAS, the City seeks to place reasonable limits and allowances on the expansion, moving, restoration, substitution, and discontinuance of nonconformities; and
WHEREAS, the proposed revised Chapter 3391, Nonconformities, addresses expansion, movement, and restoration of nonconforming structures; and
WHEREAS, the proposed revised Chapter 3391, Nonconformities, recognizes and distinguishes nonconforming uses, standards, and lots, and establishes reasonable provisions for each category; and
WHEREAS, the proposed revised Chapter 3391, Nonconformities, includes a definition of a nonconforming parcel, and expands the lot-of-record concept to all zoning districts. The exception applies to only lot width and area; and
WHEREAS, the ordinance includes changes to Chapter 3307, Board of Zoning Adjustment; Appeals and Variances, and to Chapter 3389, Special Permit Uses to make these Chapters congruent with the updated Chapter 3391, Nonconformities; and
WHEREAS, the Columbus Development Commission voted to recommend approval of this zoning code revision at its public hearing on October 11, 2012; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Columbus City Codes, 1959, are hereby supplemented by the enactment of a new
Chapter 3391, "Nonconformities", consisting of 7 sections oddly numbered 3391.01 through 3391.13 and reading as follows:
Chapter 3391
NONCONFORMITIES
Sections:
3391.01 Purpose and Definitions
3391.03 Authority to continue nonconformities
3391.05 Limits to modifications of nonconforming structures
3391.07 Expansion of nonconforming uses
3391.09 Initiation of new use
3391.11 Voluntary discontinuance of nonconforming uses
3391.13 Nonconforming graphic
3391.01 Purpose and Definitions.
The purpose of this chapter is to regulate Nonconforming Uses, Nonconforming Structures, and Nonconforming Parcels.
A. Nonconforming Structures. A nonconforming structure is any structure, other than a graphic, that was:
1. lawfully constructed in accordance with all applicable local zoning codes prior to the effective date of this zoning code or any of its amendments, that does not conform to a subsequently enacted applicable development standard of this zoning code, or 2. lawfully constructed when annexed to the city, that does not comply with an applicable development standard of this zoning code.
B. Nonconforming Uses. A nonconforming use is any use, other than a billboard, that was:
1. lawfully established in accordance with all applicable local zoning codes prior to the effective date of this zoning code or any of its amendments, that does not conform to a subsequently enacted applicable use regulation of this zoning code, or
2. lawfully established when annexed to the city, that does not conform to an applicable use regulation of this zoning code.
C. Nonconforming Lots and Parcels. A nonconforming lot or parcel is:
1. any individual taxing parcel or lot that was lawfully established, recorded, and existing in compliance with all applicable local zoning codes prior to the effective date of this zoning code that does not comply with a subsequently enacted applicable lot width and lot area standard of this zoning code; or
2. any individual taxing parcel or lot that was lawfully established, recorded, and existing in compliance with all applicable local zoning codes when annexed to the city, that does not comply with an applicable lot width and lot area standard of this zoning code.
3391.03 Authority to Continue Nonconformities.
Any nonconforming use, structure, lot or parcel that legally existed at the effective date of this zoning code, or when annexed to the city or that becomes nonconforming upon the adoption of any amendment to this zoning code, may be continued in its zoning district so long as it remains otherwise in compliance with the provisions of this chapter. This chapter shall not be interpreted as authorizing the continuation of any use of a structure or land that did not lawfully exist on the effective date of this zoning code or any of its amendments, or when annexed to the city.
NONCONFORMING STRUCTURES
3391.05 Limits to Modifications of Nonconforming Structures.
A. A nonconforming structure, other than a graphic or billboard, may not be moved, repaired, maintained, altered, or enlarged except as allowed by this chapter or required by law.
1. Repair, Maintenance, Alteration, and Expansion.
a. A nonconforming structure with a conforming use of record may be repaired, maintained, altered, or enlarged; provided that no such repair, maintenance, alteration, or expansion shall either create any new condition of noncompliance to any standard of this zoning code, or otherwise increase the degree of the existing nonconformity of all, or any part, of such structure for which an exception is not provided in this zoning code.
b. Notwithstanding the above, expansion of a nonconforming structure having floor area shall not exceed 50 percent of the total floor area of the original nonconforming structure.
2. Additions. For nonconforming structures, housing permitted residential uses, ordinary non-habitable additions that are external to dwelling units such as attached garages, porches, and decks, although requiring zoning clearance, shall not be considered expansions of nonconforming structures. A non-habitable addition, to a nonconforming structure housing a permitted residential use, shall comply with the applicable development standards of the district that permits such residential use.
3. Moving. A nonconforming structure may not be moved, in whole or in part, for any distance whatsoever, to any other location on the same parcel or to any other parcel unless the entire structure conforms to all applicable standards of this zoning code after being moved.
4. Removal/Reconstruction. Once a nonconforming structure is damaged to the extent that 50 percent or more of the existing total floor area is destroyed, or is removed from a site for any reason or by any means, any new or reconstructed structure on the site shall comply with all applicable standards of this zoning code. Reconstruction of a nonconforming structure having no floor area shall be limited to 50 percent of the structure's replacement value.
a. Once brought into compliance, neither that structure nor any future replacement structure may revert to nonconforming shape or location.
B. Structures containing nonconforming uses are not subject to the provisions of this section, 3391.05 Limits to Modifications of Nonconforming Structures. Nonconforming uses shall be subject to all of the provisions of Nonconforming Uses, sections 3391.07 through 3391.13.
NONCONFORMING USES
3391.07 Expansion of Nonconforming Uses.
A nonconforming use may not be expanded or moved except as allowed by this chapter or as follows:
A nonconforming use may be expanded or moved by Special Permit under C.C. Chapter 3307, or as provided below.
1. A nonconforming use may be expanded subject to the following standards:
a. detached structures. The construction of a detached accessory structure related to a nonconforming residential use shall be permitted subject to the provisions for residential accessory structures and private residential garages in this zoning code.
b. additions. For nonconforming residential uses, ordinary non-habitable additions such as attached garages, porches and decks, although requiring zoning clearance, shall not be considered expansions of nonconforming uses. Such non-habitable additions to nonconforming residential uses shall comply with the applicable development standards of the residential district that permits such use. (Example: Non-habitable structural additions to a nonconforming use consisting of a 6-unit residential use located in a C-4 district will be subject to development standards in C.C. Chapter 3333, Apartment Districts as applied to the districts permitting a 6-unit dwelling.)
3391.09 Initiation of New Use.
A nonconforming use may not be changed to any use other than a use permitted in the zoning district
in which it is located, and there shall be no change in the essential purpose of a nonconforming use, except as allowed by this chapter.
A. A nonconforming use may not change to any other use except by variance or as provided below.
1. A nonconforming residential use may be changed to another nonconforming residential use subject to the following standards:
2. the new use will decrease the number of dwelling units, and;
3. any improvement or alteration of the land or structure for the new use will not result in any increased nonconformity to any development standard found in this zoning code.
4. The new use shall not revert to the previous nonconforming use.
B. Substitution of a nonconforming nonresidential use is subject to C.C. 3307.10, Variances by City Council.
3391.11 Voluntary Discontinuance of Nonconforming Uses.
A. Voluntary discontinuance means the cessation of the active or productive operations of a use on the land or within a structure. Voluntary discontinuance terminates a nonconforming use. A nonconforming use that is voluntarily discontinued shall not be resumed or reestablished. Any subsequent use or occupancy of the land or structure must conform to the current regulations for the zoning district in which it is located. A use shall be considered voluntarily discontinued when any of the following occurs:
1. when a nonconforming use has been replaced by a conforming use, or
2. when the owner of the nonconforming use voluntarily discontinues the use for a period of 12 months or more. Examples of voluntary discontinuance include, but are not limited to, disconnection of essential utilities; or removal, without replacement, of equipment and furnishings characteristic of the nonconforming use.
B. No nonconforming accessory use shall continue after the principal use to which it is accessory has been discontinued.
C. Any period of discontinuance caused by government action and without any contributing fault by the nonconforming user is not considered in determining the period of abandonment or voluntary discontinuance.
3391.13 Nonconforming Graphic.
A nonconforming on-premise or off-premise graphic, including but not limited to billboards, shall not be considered a nonconforming use or structure for purposes of this chapter. All graphics shall be subject to the Graphics Code and all other applicable chapters of this Code.
SECTION 2. That the existing section 3307.06 Special Permits of the Columbus City Codes, 1959, is herby amended to read as follows:
3307.06 Special permits.
The board of zoning adjustment shall have the power.:
A. To grant special permits for uses listed in Chapter 3389 where it is shown that the special use can be granted without substantial detriment to the public good, without substantial impairment of the general purpose and intent of the zoning district in which the use is proposed to be located, and without significant incompatibility with the general character of the neighborhood.
B. To grant special permits for the enlargement or expansion of nonconforming buildings, except for in the floodway jurisdictional territories as governed by Chapter 3385, where it can be shown that the expansion or enlargement of the nonconforming use can be granted without substantial impairment of the general purpose and intent of the underlying zoning district or floodway fringe jurisdictional territory where appropriate, and without significant incompatibility with the general character of the neighborhood. No enlargement or expansion to any nonconforming use shall be more than 50 percent of
the total floor area of the original nonconforming building.
C. To impose such requirements and conditions regarding the location, character, and other features of the proposed uses or structures as the board deems necessary to carry out the intent and purpose of the Zoning Code and to otherwise safeguard the public safety and welfare.
D. Upon application by the city attorney, to revoke any special permit whose condition has been violated after notice and opportunity to conform have been given.
E. To grant special permits for the relocation or expansion of nonconforming uses, where it can be shown that the relocation or expansion of the nonconforming use can be granted without substantial impairment of the general purpose and intent of the underlying zoning district, and without significant incompatibility with the general character of the neighborhood. No expansion of a nonconforming use shall exceed 50 percent of the total floor area the original nonconforming use occupied.
SECTION 3. That the existing section 3307.10 of the Columbus City Codes, 1959 is hereby amended to read as follows:
3307.10 Variances by city council.
City council may grant the following zoning variances:
A.(a) Permit a variation in the yard, height or parking requirements of any district only in conjunction with a change in zoning or a use variance and only where there are unusual and practical difficulties in the carrying out of the zoning district provisions due to an irregular shape of lot, topography, or other conditions, providing such variance will not seriously affect any adjoining property or the general welfare.
B.(b) Permit a use of the property not permitted by the zoning district established on the property if such use will not adversely affect the surrounding property or surrounding neighborhood and if council is satisfied that the granting of such variance will alleviate some hardship or difficulty which warrants a variance from the comprehensive plan.
Before authorizing any variance from the Zoning Code in a specific case, city council shall first determine that such variance will not impair an adequate supply of light and air to the adjacent property, unreasonably increase the congestion of public streets, increase the danger of fires, endanger the public safety, unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals or welfare of the inhabitants of the city.
In granting a variance pursuant to this section, council may impose such requirements and conditions regarding the location, character, duration, and other features of the variance proposal as council deems necessary to carry out the intent and purpose of this Zoning Code and to otherwise safeguard the public safety and welfare.
C. Permit a substitution of a nonconforming use if the new use is sufficiently similar to the existing use, and if the new use will be no less compatible with surrounding uses than the existing use, and if the new use meets applicable regulations set forth in Chapter 3391.
SECTION 4. That a new section 3389.15 of the Columbus City Codes, 1959 is hereby created to read as follows:
3389.15 Expansion or relocation of nonconforming uses.
Except as provided for in Chapter 3391, Nonconformities, expansion or relocation of a nonconforming use requires a Special Permit.
SECTION 5. That the prior existing Sections 3391.01, 3391.02, and 3391.03 of the Columbus City Codes, 1959, are hereby repealed.
SECTION 6. That this ordinance shall take effect and be in force from and after the earliest period provided by law.