Explanation
BACKGROUND: This ordinance updates and clarifies sections of Chapter 3390 of the Zoning Code that regulates the establishment and operation of temporary uses in the city. The operation of certain temporary uses has evolved over time, and today includes temporary storage systems not envisioned when the current codes were promulgated, thus requiring the codes regulating these to be kept updated and modernized.
Over time, public attitude towards temporary uses and approved special events has changed and as these uses have gained acceptance, the community is seeing a greater number of events held every year. The city has a duty and obligation to protect the health, safety, and welfare of the citizens of the neighborhoods in which these events are held by regulating temporary uses. This ordinance will assure that standards for land uses not designed or intended to be permanent in nature are properly addressed and that temporary storage systems are appropriately regulated.
The Columbus Development Commission, at it monthly public meeting held on June 23, 2005, has reviewed this proposed ordinance and subsequently has recommended its approval and submission to City Council for consideration.
FISCAL IMPACT: No funding is required for this legislation.
Title
To amend Chapter 3390, "Temporary Uses," of the Columbus Zoning Code, Title 33, in order to update definitions and to enhance implementation and enforcement of code standards relating to on-demand, portable storage.
Body
WHEREAS, the operation of certain temporary uses has evolved over time, and today includes temporary storage systems not envisioned when the current codes were promulgated, thus requiring the codes regulating these to be kept updated and modernized; and
WHEREAS, over time, public attitude towards temporary uses and approved special events has changed and as these uses have gained acceptance, the community is seeing a greater number of events held every year; and
WHEREAS, the city has a duty and obligation to protect the health, safety, and welfare of the citizens of the neighborhoods in which these events are held by regulating temporary uses; and
WHEREAS, this ordinance will assure that standards for temporary storage systems are appropriate; and
WHEREAS, the Columbus Development Commission, at it monthly public meeting held on June 23, 2005, has reviewed this proposed ordinance and subsequently has recommended its approval and submission to City Council for consideration; now, therefore;
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That section 3303.16 of the Columbus City Codes, 1959, is hereby amended to include the following definition:
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.
"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."
"Portable Storage Container" means a non-permanent, non-habitable, self-contained structure of less than 169 square feet in size and eight (8) feet in height designed for temporary placement on and subsequent removal from a parcel for the purpose of facilitating off-site storage.
"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 2. That section 3303.20 of the Columbus City Codes, 1959, is hereby amended to include the following definition:
3303.20 Letter T.
Temporary sign. See "Sign."
"Temporary use" means the application of a parcel of land, building, or structure, to a particular purpose intended or designed to be used, or used in a non-permanent manner for a specific limited period of time as prescribed in this Code.
"Tenant panel" means that portion of a ground sign for an institutional, commercial, or manufacturing complex which identifies any one tenant or activity.
"Tenement house" means a house or building all or any portion of which is rented, leased, let or hired out to be occupied or is intended, arranged or designed to be occupied as the home or residence of two (2) or more families living independently of each other and doing their cooking upon the premises, and having a common right in the halls and or stairways, but having no water supplied and drains connected for bath and or washstand within each apartment.
"Through lot" means a lot which has either opposite ends, or opposite sides, each abutting a public street.
"Town house" means one (1) dwelling unit of a row situated on its own lot in a recorded subdivision.
"Town house development" means a residential development of town houses as regulated by Chapter 3333, C.C.
"Trade" embraces such commercial activities as are entailed in interchange, but not including operations of manufacture.
Trailer Sign. See "Sign."
"Two-family dwelling" means a residential building consisting of two (2) dwelling units each of which adjoins the other either horizontally or vertically, and is arranged, intended or designed for one (1) family. Each dwelling unit shall have its own separate, private means of ingress and egress. The term "two-family dwelling" shall not include a manufactured home or a mobile home.
Section 3. That section 3390.02 of the Columbus City Codes, 1959, is hereby amended to read as follows:
3390.02 No Temporary Use Permit required.
For purposes of the Zoning Code and subject to the provisions of this chapter, the following temporary uses are permitted without a temporary use permit in accordance with the conditions specified.
(A) A carnival or a circus is permitted on any lot developed with an existing religious, educational or fraternal organization building in any residential district, or on any lot in any commercial or industrial district for a period not to exceed fifteen (15) days and a maximum of two (2) times each year. No structure or equipment shall be placed within twenty (20) feet of any residential building or structure.
(B) A Christmas tree sales lot is permitted on any lot developed with an existing religious, educational or fraternal organization building in any residential district, or on any lot in any commercial or industrial district for a period not to exceed sixty (60) days; provided, however, that any such lot shall be cleared by the first day of January. In a commercial or manufacturing district, a temporary structure or portable building may be used on such a lot but only if a temporary use permit has been obtained for such structure or portable building.
(C) A garage or yard sale is permitted on any lot in any residential, commercial or industrial district for a maximum of two (2) times each year and a maximum of four (4) days at a time.
(D) An assembly in a tent is permitted on any lot developed with an existing religious, educational or fraternal organization building in any residential district, or on any lot in any commercial or industrial district for a period not to exceed thirty (30) days and a maximum of two (2) times each year. No structure or equipment shall be placed within twenty (20) feet of any residential building or structure.
Off-street parking requirements for subject lot shall not be enforced during the period that such temporary use complies with this chapter.
(E) A temporary parking lot for special events open to the general public is permitted on any lot, properly zoned to permit parking for a period not to exceed twenty-one (21) days and a maximum of one (1) time each year.
Parking lot requirements for the subject lot shall not be enforced during the period that such temporary use complies with this chapter.
(F) Portable Storage Containers Portable storage containers are a temporary structure designed for storage that are less than 169 square feet in size and eight (8) feet in height that may be delivered onsite by a commercial enterprise then picked up and removed to a commercial storage facility or the customer's destination. Portable storage containers are permitted as a non-permanent accessory use to provide temporary storage for moving and similar short-term purposes.
One (1) portable storage container may be located on any parcel for two non-sequential periods, not exceeding fourteen (14) days for each period, per calendar year. The portable storage container shall be situated on an improved surface when possible and not block any sidewalk. A portable storage container is not permitted as a permanent accessory storage structure regardless of the proposed location of the unit on a parcel.
Section 4. That section 3390.04 of the Columbus City Codes, 1959, is hereby amended to read as follows:
3390.04 Temporary use permit required.
No person shall use any building structure or premises or erect any building or structure for particular uses specified in this section except in compliance with a temporary use permit issued by the administrator as provided in this chapter.
(A) A real estate office is permitted in any residential subdivision actively under construction, as determined by the administrator, for the purpose of selling lots in such subdivision. A model home may be used as a temporary sales office. A temporary use permit for such use may be issued for one (1) year. At the end of a year, a new permit may be issued if the administrator determines that such subdivision is still actively under construction. A temporary use permit may be issued for a mobile home or portable building to be used as a temporary sales office to allow earlier sales for new developments pending completion of a furnished model home. Off-street parking requirements for the subject lot shall not be enforced during the term of either permit.
(B) A mobile home -for emergency housing for the victim of a fire or catastrophic loss is permitted on the lot where such loss occurred. A portable storage unit may be used in conjunction with such temporary housing. A temporary use permit for such use may be issued for ninety (90) days, renewable for an additional maximum term of ninety (90) days and may be subject to additional restrictions.
(C) A temporary use of a building for seasonal celebrations such as a "haunted house" is permitted in any residential, commercial or industrial district for a period not to exceed thirty (30) days one (1) time each year.
(D) A temporary structure or portable building is permitted on a Christmas tree sales lot in a commercial or manufacturing district. A temporary use permit may be issued for a period not to exceed sixty (60) days and shall provide that such structure or building shall be removed by the first day of January.
Section 5. That prior existing sections 3390.02 and 3390.04 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.