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File #: 3023-2018    Version: 1
Type: Ordinance Status: Passed
File created: 10/26/2018 In control: Rules & Reference Committee
On agenda: 12/3/2018 Final action: 12/6/2018
Title: To supplement the Columbus Zoning Code, Title 33, by amending various code sections to specify which zoning districts permit the various land uses associated with the Ohio Medical Marijuana Control Program and to enact Section 3389.115, requiring a Special Permit from the Board of Zoning Adjustment for an Ohio Medical Marijuana Control Program Dispensary.
Sponsors: Priscilla Tyson

Explanation

 

BACKGROUND:

In response to the creation of the Ohio Medical Marijuana Control Program, this code change specifies which zoning districts the uses licensed under the state program would be permitted in based upon already codified similar land uses.

 

This code change also creates the requirement and review standards for obtaining a Special Permit from the Columbus Board of Zoning Adjustment for the establishment of an Ohio Medical Marijuana Control Program Retail Dispensary.

 

These code changes will not alter, change, lessen, or abrogate any of the state level standards or requirements for any licensed facility under the control of the Ohio Medical Marijuana Control Program.

 

The Columbus Development Commission reviewed and recommended approval of this proposed code change at its monthly public meeting held on October 11, 2018.

 

FISCAL IMPACT: None

 

Title

To supplement the Columbus Zoning Code, Title 33, by amending various code sections to specify which zoning districts permit the various land uses associated with the Ohio Medical Marijuana Control Program and to enact Section 3389.115, requiring a Special Permit from the Board of Zoning Adjustment for an Ohio Medical Marijuana Control Program Dispensary.

 

Body

 

WHEREAS, in response to the creation of the Ohio Medical Marijuana Control Program, this code change specifies which zoning districts the uses licensed under the state sanctioned program would be permitted in based upon already codified similar land uses; and

 

WHEREAS, this code change also creates the requirement and review standards for obtaining a Special Permit from the Columbus Board of Zoning Adjustment for the establishment of an Ohio Medical Marijuana Control Program Retail Dispensary; and

 

WHEREAS, these code changes will not alter, change, lessen, or abrogate any of the state level standards or requirements for any licensed facility under the control of the Ohio Medical Marijuana Control Program; and

 

WHEREAS, the Columbus Development Commission reviewed and recommended approval of this proposed code change 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 Section 3303.15 of the Columbus City Codes is hereby amended to read as follows:

 

3303.15 - Letter O.

"Occupancy" means the portion of a building or premises owned, leased, rented, or otherwise occupied for a given use. The term also pertains to the purpose for which a building or part of a building is used or intended to be used. Change of occupancy is not construed to include change of tenants or proprietors, when a nonconforming use is being considered.

Off-Premises Sign. See "Sign."

“Ohio Medical Marijuana Control Program Testing Laboratory” means an independent laboratory located in Ohio licensed or receiving a certificate of operation under Chapter 3796 of the Ohio Revised Code and any rules promulgated thereunder to have custody and use of controlled substances for scientific and medical purposes and for purposes of instruction, research, or analysis.

“Ohio Medical Marijuana Control Program Retail Dispensary” means an entity licensed or receiving a certificate of operation under Chapter 3796 of the Ohio Revised Code and any rules promulgated thereunder to sell medical marijuana to qualifying patients and caregivers.

“Ohio Medical Marijuana Control Program Cultivator” means an entity licensed or receiving a certificate of operation under Chapter 3796 of the Ohio Revised Code and any rules promulgated thereunder to grow, harvest, package, and transport medical marijuana.

“Ohio Medical Marijuana Control Program Processor” means an entity licensed or receiving a certificate of operation under Chapter 3796 of the Ohio Revised Code and any rules promulgated thereunder to manufacture medical marijuana products.

On-Premises Sign. See "Sign."

"Opaque" means a completely nontransparent and nontranslucent material.

"Open court" means open, uncovered, unoccupied space on the same lot with a building wholly surrounded by or bordered on two or more sides by the building walls.

Open Porch. See "Porch."

Outdoor amphitheater" means any non-publicly owned or operated land or open faced structure or building designed, intended to be used, or used to accommodate patrons in tiered seating and exclusive from motor vehicles.

Outline Lighting and Neon Outline Lighting.

"Outline lighting" means an arrangement of incandescent lights, lamps or electric discharge tubing that outlines or calls attention to certain features of a building such as its shape or the decoration of a window.

"Neon outline lighting" means outline lighting formed in whole or part with neon.

"Overlay" means an additional special classification together with regulations 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 2. That Section 3353.03 of the Columbus City Codes is hereby amended to read as follows:

 

3353.03 - Permitted uses.

The following are uses permitted in the C-2, Office Commercial District; however these are not meant to be exhaustive nor an exclusive listing. The Director has the authority to decide if an unnamed use is of similar enough character and nature to warrant inclusion into the C-2 district.

The North American Industry Classification System, or its successor document, is the reference document used to provide use families for this chapter. The Director may use the current NAICS or its successor, as one document in making decisions as to the appropriateness of any future use permitted to be in the C-2, district.

A. Offices for administrative and support services, examples include:

Administrative and Support Services

Business Service Centers and Support Services

Collection Agencies

Convention and Visitors Bureaus

Court Reporting and Stenotype Services

Credit Bureaus

Document Preparation Services

Employment Services and Placement Agencies

Facilities Support Services

Professional Employer Organizations

Repossession Services

Telephone Answering Services

Telemarketing Bureaus

Telephone Call Centers

Temporary Help Services

Tour Operators

Travel Agencies, Travel Arrangement and Reservation Services

B. Offices and/or Clinics for Health Care and Social Assistance, examples include:

Ambulatory Health Care Services

Chiropractors, Dentists, Optometrists, Physicians and Podiatrists

Diagnostic Imaging Centers

Family Planning Centers

Freestanding Ambulatory Surgical and Emergency Centers

HMO Medical Centers (Urgent Care)

Home Health Care Services

Kidney Dialysis Centers

Medical and Diagnostic Laboratories

Mental Health Practitioners

Miscellaneous Health Practitioners

Outpatient Care Centers

Outpatient Mental Health Centers

Physical, Occupational and Speech Therapists and Audiologists

Social Services

C. Offices for Finance and Insurance, examples include:

Banking, Commercial and Personal

Brokerage, Commodity and Securities Exchanges

Claims Adjusting Offices

Commodity Contracts Brokerage and Dealing

Consumer Lending

Credit Unions

Direct Casualty, Health, Life, Medical, Property and Title Insurance Carriers

Financial Transactions Processing, Reserve and Clearinghouse Activities

Funds, Trusts, and Other Financial Vehicles

Insurance Agencies, Brokerages, Carriers and Employee Benefit Funds

International Trade Financing

Investment Advice and Banking and Securities Dealing

Mortgage and Non-mortgage Loan Brokers

Pension Funds

Savings Institutions

Trusts, Estates, Fiduciary and Agency Accounts

D. Offices for Public and Miscellaneous Purposes, examples include:

Business, Professional, Labor, Political and Similar Organizations

Conservation, Environment and Wildlife Organizations

Civic and Social Organizations

Human Rights Organizations

Libraries

Local, County, State and Federal Government

Public Fire Stations

Religious, Grant making, Civic, Professional and Similar Organizations

Social Advocacy Organizations

Voluntary Health Organizations

E. Offices for Professional, Scientific and Technical Services examples include:

Accounting and Bookkeeping Services

Advertising Services

Administrative and General Management Consulting Services

Architectural, Drafting, Engineering, Graphic and Landscape Design Services

Bank Holding Companies

Certified Public Accountants

Contractors

Computer Centers, Programming and Systems Design Services

Corporate, Subsidiary and Regional Managing

Display Advertising

Human Resources and Executive Search Consulting Services

Interior Design Services

Industrial Design Services

Lawyers and Legal Services

Management, Companies and Enterprises and Consulting Services

Marketing Consulting, Public Opinion Polling and Research Services

Notaries

Payroll Services

Process, Physical Distribution and Logistics Consulting Services

Public Relations Agencies

Real Estate Agents and Brokers

Surveying and Mapping Services

Tax Preparation Services

Title Abstract and Settlement

Translation and Interpretation Services

F. Non-Office Commercial Facilities including:

Art Studios (No retail sales)

Electronic and Telephone Mail Order Processing Centers

Educational Facility, Business, Computer, Management and Training Facilities

Educational Facility, Professional, Secretarial, Technical and Trade

Internet Providers, Web Search Portals and Data Processing Services

Libraries and Museums

Music Publishers

Ohio Medical Marijuana Control Program Testing Laboratory

Photography Studios, Commercial and Portrait

Post Offices

Public Park and Recreation Centers

Radio and Television Broadcasting Stations and Studios

Recording Studios

Religious Facilities

Schools (as defined in C.C. 3303)

G. Non-Office Commercial Uses, subject to the additional provisions of C.C. 3353, including:

Adult and Child Day Care Centers

Monopole Telecommunication Antennas

Veterinarians (Limited practice)

H. Dwelling units, as allowed under C.C. 3353.05.

 

SECTION 3. That Section 3356.03 of the Columbus City Codes is hereby amended to read as follows:

 

3356.03 C-4 permitted uses.

The following are uses permitted in the C-4, Commercial District; however these are not meant to be exhaustive nor an exclusive listing. The Director has the authority to decide if an unnamed use is of similar enough character and nature to warrant inclusion into the C-4 district.

The North American Industry Classification System, or its successor document, is the reference document used to provide use families for this chapter. The Director may use the current NAICS or its successor, as one document in making decisions as to the appropriateness of any future use permitted to be in the C-4, district.

A. All uses listed in C.C. 3351, C.C. 3353 and C.C. 3355. B. Commercial uses allowing dwelling units above the primary use, including:

Appliance Stores

Automotive Accessories, Parts and Tire Stores

Automobile and Light Truck Dealers

Automobile Driving Training Facility

Automotive Sales, Leasing and Rental

Bars, Cabarets and Nightclubs

Blood and Organ Banks

Building Material and Supplies Dealers

Caterers

Check Cashing and Loans

Community Food Pantry

Consumer Goods Rental

Discount Department Stores

Electronics Stores

Floor Covering Stores

Furniture and Home Furnishings Stores

General Merchandise Stores

Home Centers

Household and Personal Goods Maintenance and Repair

Linen and Uniform Supply

Missions/Temporary Shelters

Motorcycle, Boat, and Other Motor Vehicle Dealers

Motor Vehicle Accessories and Parts Dealers

Ohio Medical Marijuana Control Program Retail Dispensary

Outdoor Power Equipment Stores

Parking Lots and Parking Garages as allowed in C.C. 3356.05

Pawn Brokers

Recreational Vehicle Dealers

Reupholster and Furniture Repair

Sporting Goods and Outfitters Stores

Supermarkets

Truck, Utility Trailer, and RV (Recreational Vehicle) Sales, Rental and Leasing

Used Merchandise Stores

Vending Machine Operators

Warehouse Clubs and Super Centers

C. Commercial uses not allowing dwelling units above the primary use, including:

Automotive Maintenance and Repair

Bowling Centers

Carpet and Upholstery Cleaning Services

Drive-In Motion Picture Theaters

Exterminating and Pest Control Services

Farm Equipment and Supply Stores

Garden, Landscaping and Nursery Centers and Sales

Hotels and Motels

Hotels, Extended Stay

Hospitals

Janitorial Services

Lawn and Garden Equipment and Supplies Stores

Limousine and Taxi Service

Paint and Wallpaper Stores

Performing Arts, Spectator Sports and Related Industries

Theaters, Dance Companies and Dinner Theaters

D. Commercial uses not allowing dwelling units above the primary use and subject to the additional provisions of C.C. 3356.05, including:

Animal Shelter

Amusement Arcade

Halfway House

Veterinarians (unlimited practice)

E. Dwelling units, as allowed under C.C. 3356.05.

 

SECTION 4. That Section 3363.08 of the Columbus City Codes is hereby amended to read as follows:

 

3363.08 Miscellaneous uses-less objectionable uses.

Miscellaneous uses less objectionable uses permitted in M-Manufacturing Districts, subject to the provisions of this Zoning Code are:

Manufacture, compounding, processing, assembling, packaging or treatment of goods, materials and products not involving operations which are obnoxious or offensive by reason of odor, dust, smoke, gas, fumes, vibration, noise or other cause:

Cigar or cigarette manufacture

Dry cleaning and dyeing plant

Fur finishing

Leather goods manufacture (not including tanning)

Laundry (employing more than three persons)

Monument shop

Motion-picture producing

Ohio Medical Marijuana Control Program Cultivator

Ohio Medical Marijuana Control Program Processor

Paint and shellac (excluding manufacture of lacquer, varnish colors, pigments, thinners and removers)

Plastic products

Printing, publishing or engraving (other than as permitted in Commercial Districts)

Research and development laboratories, computer laboratories, and offices in connection with such laboratories

Show printing

Steam laundry

 

Other uses of similar character which are not obnoxious or offensive, as defined in this section.

 

SECTION 5. That Section 3365.08 of the Columbus City Codes is hereby amended to read as follows:

 

3365.08 Miscellaneous uses-less objectionable uses.

Miscellaneous uses less objectionable uses permitted in M-1 Manufacturing Districts, subject to the provisions of this Zoning Code are:

Manufacture, compounding, processing, assembling, packaging or treatment of goods, materials and products not involving operations which are obnoxious or offensive by reason of odor, dust, smoke, gas, fumes, vibration, noise or other cause:

Cigar or cigarette manufacture

Commercial radio transmitting or television station and appurtenances thereto

Dry cleaning and dyeing plant

Fur finishing

Leather goods manufacture (not including tanning)

Laundry (employing more than three persons)

Monument shop

Motion-picture production

Ohio Medical Marijuana Control Program Cultivator

Ohio Medical Marijuana Control Program Processor

Paint and shellac (excluding manufacture of lacquer, varnish colors, pigments, thinners and removers)

Plastic products

Printing, publishing or engraving (other than as permitted in Commercial Districts)

Research and development laboratories, computer laboratories, and offices in connection with such laboratories

Residence for a resident watchman

Show printing

Steam laundry

Other uses of similar character which are not obnoxious or offensive, as defined in this section.

 

SECTION 6. That Section 3367.08 of the Columbus City Codes is hereby amended to read as follows:

 

3367.08 Miscellaneous uses-less objectionable uses.

Miscellaneous uses, less objectionable uses permitted in M-2 manufacturing districts, subject to the provisions of this Zoning Code are:

Manufacture, compounding, processing, assembling, packaging or treatment of goods, materials and products not involving operations which are obnoxious or offensive by reason of odor, dust, smoke, gas, fumes, vibration, noise or other cause:

Cigar or cigarette manufacture

Commercial radio transmitting or television station and appurtenances thereto

Dry cleaning and dyeing plant

Fur finishing

Leather goods manufacture (not including tanning)

Laundry (employing more than three persons)

Monument shop

Motion-picture production

Ohio Medical Marijuana Control Program Cultivator

Ohio Medical Marijuana Control Program Processor

Paint and shellac (excluding manufacture of lacquer, varnish colors, pigments, thinners and removers)

Plastic products

Printing, publishing or engraving (other than as permitted in commercial districts)

Residence of a resident watchman

Research and development laboratories, computer laboratories, and offices in connection with such laboratories

Show printing

Steam laundry

Other uses of similar character which are not obnoxious or offensive, as defined in this section.

 

SECTION 7. That Columbus City Codes are hereby supplemented with the creation of a new section numbered 3389.151, reading as follows:

 

3389.151 Ohio Medical Marijuana Control Program Retail Dispensary.

An Ohio Medical Marijuana Control Program Retail Dispensary requires a Special Permit and shall only be located in any zoning district permitting C-4 Commercial District uses. In addition to complying with the underlying zoning standards, an Ohio Medical Marijuana Control Program Retail Dispensary shall provide proof that their proposed location provides a minimum 500-foot separation from other Ohio Medical Marijuana Control Program Retail Dispensaries. Distance separation as required in this section is measured from the closest point on a parcel line containing the Ohio Medical Marijuana Control Program Retail Dispensary and the closest point on a parcel line containing the zoning district or use it is to be separated from.

The board of zoning adjustment shall grant a special permit for a Medical Marijuana Retail Dispensary only when it finds that the following conditions have been met:

(a)                     Applicants shall provide proof of compliance of providing notice to all property owners within 250 feet of the proposed location.

(b)                     Applicant shall also provide a presentation to the applicable area commission or civic association, if established, that shall include the following information:

(i)                     an introduction of the company along with background, anticipated earliest opening date, operating hours and days of the week, and an emergency contact name and number.

 

SECTION 8. That prior existing sections 3303.15, 3353.03, 3356.03, 3363.08, 3365.08, and 3367.08 of the Columbus City Codes are hereby repealed.

 

SECTION 9. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.