Explanation
BACKGROUND:
The current Columbus Zoning Code provides for limited home occupations in several similarly-worded code sections across the multiple residential zoning districts and code chapters. This code change would clarify that the sale or transfer of any firearm is prohibited as part of any allowed home occupation. All other conditions of the home occupation provision remain the same.
The Columbus Development Commission reviewed and recommended approval of this amendment at its monthly public meeting held on October 11, 2018
FISCAL IMPACT: None
Title
To amend Sections 3332.37, 3333.34, 3345.16, and 3347.12 of the Columbus Zoning Code, Title 33, to prohibit the sale or transfer of firearms in residential zoning districts.
Body
WHEREAS, the current Columbus Zoning Code provides for limited home occupations in several similarly worded code sections across the multiple residential zoning districts and code chapters; and
WHEREAS, this code change would clarify that the sale or transfer of any firearm is prohibited as part of any allowed home occupation; and
WHEREAS, all other conditions of the home occupation provision remain the same; and
WHEREAS, the Columbus Development Commission reviewed and recommended approval of this amendment at its monthly public meeting held on October 11, 2018; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the existing Section 3332.37 of the Columbus City Codes is hereby amended to read as follows:
3332.37 - Home occupation.
The purpose of this section is to permit a home occupation as an accessory use if it is compatible with the residential character of the neighborhood in which it is located and is conducted so as not to have an adverse effect upon the average neighbor under normal circumstances; to set standards by which to judge the operation of such use; and to prohibit uses which are incompatible with permissible uses in residential districts. A home occupation may be an accessory use in any residential district subject to the following conditions:
A. Any home occupation use shall be confined to the principal residence of the individual so engaged; shall be excluded from any yard or accessory building; and, shall be clearly incidental and subordinate to the primary residential use.
B. No alteration shall be made in either the internal or external structural form of the residential building or the external appearance for purposes of any home occupation. The removal of partitions or floors, or parts thereof, shall be construed as an alteration of the external or internal structural form and is, therefore, prohibited.
C. No evidence of any home occupation shall be visible from off the lot where it is conducted except for no more than one home occupation sign displayed in compliance with C.C. 3376.08(B)(1)-(6).
D. No more than 20 percent of the livable area of any residence shall be used for a home occupation.
E. No person other than a permanent resident of the dwelling unit shall be engaged in or employed at any home occupation within such dwelling unit except that in connection with the practice of a profession which can be practiced only with the assistance of supportive personnel, one person not residing in such dwelling unit may be so employed. Profession is limited herein to architect, attorney, clergyman, dentist, engineer, physician or surgeon.
F. No storage of equipment or materials used in a home occupation shall be outside the principal residence.
G. No change shall be made in any utility line, meter or service to accommodate a home occupation and utility use shall not unreasonably exceed that normally or previously used at such residence.
H. No equipment or process shall be used in any home occupation which emits radiation or creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot used for such home occupation. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference.
I. No traffic shall be generated by any home occupation unreasonably greater in volume or different in nature then would otherwise normally occur in the residential neighborhood in which it is located.
J. No wholesale or retail business, including the sale or transfer of any firearm, shall be conducted in a dwelling unit.
Provisions of this section relating to a dwelling shall apply equally to a manufactured home only in a MHD manufactured home development district or to any dwelling unit permitted in a commercial zoning district.
SECTION 2. That the existing Section 3333.34 of the Columbus City Codes is hereby amended to read as follows:
3333.34 - Home occupation.
The purpose of this section is to permit a home occupation as an accessory use if it is compatible with the residential character of the neighborhood in which it is located and is conducted so as not to have an adverse effect upon the average neighbor under normal circumstances; to set standards by which to judge the operation of such use; and to prohibit uses which are incompatible with permissible uses in apartment districts. A home occupation may be an accessory use in any apartment district subject to the following conditions:
A. Any home occupation use shall be confined to the principal residence of the individual so engaged; shall be excluded from any yard or accessory building; and shall be clearly incidental and subordinate to the primary residential use.
B. No alteration shall be made in either the internal or external structural form of the residential building or the external appearance for purposes of any home occupation. The removal of partitions or floors, or parts thereof, shall be construed as an alteration of the external or internal structural form and is, therefore, prohibited.
C. No evidence of any home occupation shall be visible from off the lot where it is conducted except for no more than one home occupation sign displayed in compliance with C.C. 3376.08(B)(1)-(6).
D. No more than 20 percent of the livable area of any residence shall be used for a home occupation.
E. No person other than a permanent resident of the dwelling unit shall be engaged in or employed at any home occupation within such dwelling unit except that in connection with the practice of a profession which can be practiced only with the assistance of supportive personnel, one person not residing in such dwelling unit may be so employed. Profession is limited herein to architect, attorney, clergyman, dentist, engineer, physician or surgeon.
F. No storage of equipment or materials used in a home occupation shall be outside the principal residence.
G. No change shall be made in any utility line, meter or service to accommodate a home occupation and utility use shall not unreasonably exceed that normally or previously used at such residence.
H. No equipment or process shall be used in any home occupation which emits radiation or creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot used for such home occupation. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference.
I. No traffic shall be generated by any home occupation unreasonably greater in volume or different in nature than would otherwise normally occur in the residential neighborhood in which it is located.
J. No wholesale or retail business, including the sale or transfer of any firearm, shall be conducted in a dwelling unit.
SECTION 3. That the existing Section 3345.16 of the Columbus City Codes is hereby amended to read as follows:
3345.16 - Home occupation.
The purpose of this section is to permit a home occupation as an accessory use if it is compatible with the residential character of the neighborhood in which it is located and is conducted so as not to have an adverse effect upon the average neighbor under normal circumstances; to set standards by which to judge the operation of such use; and to prohibit uses which are incompatible with permissible uses in apartment districts. A home occupation may be an accessory use in any apartment district subject to the following conditions:
A. Any home occupation use shall be confined to the principal residence of the individual so engaged; shall be excluded from any yard or accessory building; and shall be clearly incidental and subordinate to the primary residential use.
B. No alteration shall be made in either the internal or external structural form of the residential building or the external appearance for purposes of any home occupation. The removal of partitions or floors, or parts thereof, shall be construed as an alteration of the external or internal structural form and is, therefore, prohibited.
C. No evidence of any home occupation shall be visible from off the lot where it is conducted except for no more than one home occupation sign displayed in compliance with C.C. 3376.08(B)(1)-(6).
D. No more than 20 percent of the livable area of any residence shall be used for a home occupation.
E. No person other than a permanent resident of the dwelling unit shall be engaged in or employed at any home occupation within such dwelling unit except that in connection with the practice of a profession which can be practiced only with the assistance of supportive personnel, one person not residing in such dwelling unit may be so employed. Profession is limited herein to architect, attorney, clergyman, dentist, engineer, physician or surgeon.
F. No storage of equipment or materials used in a home occupation shall be outside the principal residence.
G. No change shall be made in any utility line, meter or service to accommodate a home occupation and utility use shall not unreasonably exceed that normally or previously used at such residence.
H. No equipment or process shall be used in any home occupation which emits radiation or creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot used for such home occupation. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference.
I. No traffic shall be generated by any home occupation unreasonably greater in volume or different in nature than would otherwise normally occur in the residential neighborhood in which it is located.
J. No wholesale or retail business, including the sale or transfer of any firearm, shall be conducted in a dwelling unit.
SECTION 4. That the existing Section 3347.12 of the Columbus City Codes is hereby amended to read as follows:
3347.12 - Home occupation.
The purpose of this section is to permit a home occupation as an accessory use if it is compatible with the residential character of the neighborhood in which it is located, and is conducted so as not to have an adverse effect upon the average neighbor under normal circumstances; to set standards by which to judge the operation of such use; and to prohibit uses which are incompatible with permissible uses in apartment districts. A home occupation may be an accessory use in any apartment district subject to the following conditions:
A. Any home occupation use shall be confined to the principal residence of the individual so engaged, shall be excluded from any yard or accessory building, and shall be clearly incidental and subordinate to the primary residential use.
B. No alteration shall be made in either the internal or external structural form of the residential building or the external appearance for purposes of any home occupation. The removal of partitions or floors or parts thereof, shall be construed as an alteration of the external or internal structural form and is, therefore, prohibited.
C. No evidence of any home occupation shall be visible from off the lot where it is conducted except for no more than one home occupation sign displayed in compliance with C.C. 3376.08(B)(1)-(6).
D. No more than 20 percent of the livable area of any residence shall be used for a home occupation.
E. No person other than a permanent resident of the dwelling unit shall be engaged in or employed at any home occupation within such dwelling unit except that in connection with the practice of a profession which can be practiced only with the assistance of supportive personnel, one person not residing in such dwelling unit may be so employed. Profession is limited herein to architect, attorney, clergyman, dentist, engineer, physician or surgeon.
F. No storage of equipment or materials used in a home occupation shall be outside the principal residence.
G. No change shall be made in any utility line, meter or service to accommodate a home occupation and utility use shall not unreasonably exceed that normally or previously used at such residence.
H. No equipment or process shall be used in any home occupation which emits radiation or creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot used for such home occupation. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference.
I. No traffic shall be generated by any home occupation unreasonably greater in volume or different in nature than would otherwise normally occur in the residential neighborhood in which it is located.
J. No wholesale or retail business, including the sale or transfer of any firearm, shall be conducted in a dwelling unit.
SECTION 5. That prior existing sections 3332.37, 3333.34, 3345.16, and 3347.12 of the Columbus City Codes are hereby repealed.
SECTION 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.