The purpose of this chapter is to identify land uses which require a special permit due to unique characteristics relative to location, design, size, operation, circulation or need for public services; to provide supplemental criteria which shall be applied by the board of zoning adjustment to proposed uses in addition to Section 3307.06 guidelines; and to guide person in the preparation of applications. The provisions of this Chapter shall also apply to properties or parcels with a 2024 Zoning Code district designation.

(Ord. 2668-80.; Ord. No. 2111-2024, § 1(Att.), 7-29-2024)

Within the city, no building, structure, or premises shall be used and no building or structure shall be erected which is arranged, intended or designed to be used for any use specified in this chapter except on special permit issued by the board of zoning adjustment.

(Ord. 2668-80.)

An amusement park requires a Special Permit and shall only be located only in a zoning district permitting C-4 Commercial District uses. In addition to complying with the underlying zoning standards, an amusement park shall be subject to the following conditions:

1.

Provide a minimum 50-foot setback between any ride, motor, enclosure, pool, speaker, or any part of an amusement ride or device and any parcel line.

2.

Distance separation as required in this section is measured from the closest point on a parcel line containing the amusement park and the closest point on a parcel line containing the zoning district or use it is to be separated from.

(Ord. 1978-82: Ord. 0762-2005 § 1.)

An animal hide storage and/or processing facility requires a Special Permit and shall only be located only in an M or M-1, Manufacturing District.

(Ord. 0762-2005 § 2.)

An animal kennel or animal shelter with outdoor runs, cages, or structures for open air confinement of animals requires a Special Permit and shall be located only in an M or M-1 Manufacturing District and shall be subject to the following conditions:

1.

Waste products shall be located a minimum distance of 100 feet from a residential zoning district and in compliance with Columbus Department of Health regulations.

2.

No outdoor runs, cages, or other structures shall be permitted between any right-of-way line and a building line.

(Ord. 0762-2005 § 3.)

A cemetery requires a Special Permit and may be located in any zoning district. No portion of the cemetery designed, intended to be used, or used for internment is located within an area designated as a special flood hazard area or on or in fill used to remove land from a special flood hazard area.

(Ord. 0762-2005 § 4.)

A compost facility requires a Special Permit and shall be located only in an M or M-1 Manufacturing District.

(Ord. 0762-2005 § 5.)

A crematory requires a special permit and may be located only in a C-3 or C-4, commercial or M-manufacturing district.

(Ord. 2668-80.)

Repealed by Ordinance 1905-84.

A drive-in theater requires a Special Permit and shall only be located in any district permitting C-4 Commercial District uses. In addition to complying with the underlying zoning standards, a drive-in theater shall comply with the following conditions:

1.

All screens shall be situated to prevent spillover of light or images onto any abutting properties;

2.

All audio shall be provided through in-car devices that comply with the city noise ordinance.

(Ord. 2668-80: Ord. 0762-2005 § 6.)

A building or structure that is used, arranged for, intended or designed to be used for a firing range completely within the enclosed space requires a Special Permit and shall only be located in a district permitting C-4 Commercial District uses. In addition to complying with the underlying zoning standards, an indoor firing range shall be sufficiently soundproofed to prevent the emission of the sound of gunfire outside the building or structure and shall meet all other code requirements related to firearm use and discharge.

(Ord. 0762-2005 § 7.)

An incinerator requires a Special Permit and shall only be located in an M or M-1 Manufacturing district.

(Ord. 0762-2005 § 8.)

An impound lot, junk yard or salvage yard requires a Special Permit and shall only be located in an M, Manufacturing District. In addition to complying with the underlying zoning standards, an impound lot, junk yard or salvage yard shall comply with the requirements of Chapter 3392.

(Ord. 2668-80: Ord. 0762-2005 § 9.)

A landing field defined as a commercial operation requiring a Certificate of Approval from the State Department of Transportation shall require a Special Permit and shall only be located in a C-4 Commercial District or M, M-1, or M-2 Manufacturing District.

All other landing fields shall require a Special Permit and may be located in any zoning district provided that the applicant for the Special Permit also provides written documentation that the facility is in compliance with all applicable FAA regulations.

(Ord. 2668-80: Ord. 0762-2005 § 10.)

A building, structure, or parcel that will be used, is arranged for, intended or designed to be used for any of the following specified uses shall require a Special Permit and shall only be located in any district permitting M or M-1 Manufacturing District uses:

1.

Cement, lime, gypsum, plaster of Paris manufacture;

2.

Distillation of bones, coal or wood, or manufacture of any of the by products of such distillation, distillery;

3.

Fat, grease, lard or tallow manufacturing; rendering or refining;

4.

Fertilizer manufacture from phosphate or organic matter;

5.

Gelatin, glue or size manufacture;

6.

Mineral insulation manufacture;

7.

Nitrating of cotton or other cellulose materials;

8.

Rayon manufacture.

(Ord. 0762-2005 § 11.)

An outdoor amphitheater requires a Special Permit and shall only be located in any zoning district permitting C-4 Commercial District uses in this Zoning Code, or in the UCT, UCR (excluding UCR-R), CAC, or RAC districts of the 2024 Zoning Code. In addition to complying with the underlying zoning standards, an outdoor amphitheater shall provide a minimum 100-foot setback between any stage, speaker, or other audio amplification source, and any parcel line.

(Ord. 0762-2005 § 12.; Ord. No. 2111-2024, § 1(Att.), 7-29-2024)

Editor's note— Ord. No. 0162-2025, § 10, adopted Feb. 10, 2025, repealed § 3389.09, which pertained to slaughterhouse or stockyards, and derived from Ord. 2668-80 and Ord. 0762-2005 § 13.

An adult entertainment establishment or an adult store requires a special permit to locate less than 250 feet from a child day care center, hospital, park, playground, public library, public recreation facility, religious facility, school, or residentially zoned district, or to locate less than 250 feet from another adult entertainment establishment or adult store. The board of zoning adjustment may consider a special permit request for reduced distance separation only after the following criteria and procedures have been followed:

A.

An application has been properly submitted containing a petition with the legible signatures of more than 50 percent of all persons residing, owning property, and maintaining permanent business establishments within 250 feet of the location proposed for an adult entertainment establishment or an adult store. The petition is to be accompanied by a notarized affidavit attesting to the accuracy, completeness, and validity of the petition, and that the petition meets all the relevant governing procedures and requirements contained in the adopted board of zoning adjustment rules and regulations. Each page of the petition must contain the following minimum information:

1.

A clear and concise description of the intended adult entertainment establishment or adult store;

2.

A clear and concise indication of the code-required distance separation and the distance reduction being requested;

3.

A clear and concise instruction informing the person, that signing the petition indicates the person's support, or non-objection to the reduced distance separation; and

4.

Sequentially-numbered lines for individual signatures and corresponding addresses.

B.

The application contains sufficient background, information, and documentation for the board of zoning adjustment to properly assess and find:

1.

That the proposed distance reduction is not contrary to the public interest or injurious to nearby properties;

2.

That the proposed distance reduction will not enlarge or encourage the development of a blighting influence; and

3.

That the establishment of an additional adult entertainment establishment or adult store in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal or revitalization.

C.

Distance separation as required in this section is measured from the closest point on a property line containing the adult entertainment establishment or adult store and the closest point on a property line containing the district or use it is to be separated from.

(Ord. 1425-01 § 10; Ord. 546-03 § 13.)

In order to provide opportunities for location of halfway houses or community residential treatment centers, to avoid over-concentration of halfway houses or community residential treatment centers, and to establish the suitability of the requested use at the proposed location, a halfway house or community residential treatment center requires a special permit. No application for a special permit shall be accepted for review unless accompanied by sufficient documentation from the appropriate licensing or certifying agency determining the need for such a halfway house or community residential treatment center at the proposed location. The applicant is responsible for demonstrating compliance with this section.

The board of zoning adjustment shall consider the following criteria in determining whether a location is appropriate for a halfway house or community residential treatment center and may attach conditions which it deems to be appropriate to such special permit and consistent with the purposes of this chapter.

A.

The halfway house or community residential treatment center shall:

(1)

Be occupied by no more than 30 residents, exclusive of staff, limited by the size of the existing or proposed building and its allocation of space for sleeping quarters, except that the board of zoning adjustment may approve a larger number solely for the reason that the proposal's economic feasibility is tied to such larger number of residents;

(2)

Be located no closer to another halfway house or community residential treatment center; to any institution similar in nature but occupied by more than 30 residents; or to a school, nursing home, rest home or home for the aging all as defined in Chapter 3303, C.C. than 1,000 feet measured on a straight line radius from the building so used to the building proposed to be used; and

(3)

Be located in an eligible census tract. A census tract shall be eligible for such location if it contains no halfway house or community residential treatment center.

B.

Prior to occupancy and continuously thereafter the applicant halfway house or community residential treatment center shall:

(1)

Be licensed or certified by a federal, state or local agency which requires screening potential residents;

(2)

Be licensed as a rooming house by the department; and

(3)

Comply with all applicable city codes.

The applicant shall submit a copy of the (B)(1) license or certificate to the department initially prior to occupancy and thereafter subsequent to each renewal.

C.

A halfway house or community residential treatment center shall be located only in an I- institutional district, a C-4 commercial district, or an M-manufacturing district of this Zoning Code, or a mixed-use district of the 2024 Zoning Code.

(Ord. 1722-91; Ord. 1272-01 § 1 (part).; Ord. No. 2111-2024, § 1(Att.), 7-29-2024)

A portable building requires a Special Permit in any zoning district for any use on private property except the following:

1.

Solely in conjunction with reasonably necessary construction work on the immediate site or within the same platted subdivision;

2.

Solely in conjunction with the sale of lots or residential units and approved by the Director as a temporary use per Chapter 3390 of this code through the issuance of a Building Permit;

3.

In conjunction with the educational activity of a public or accredited private school, or in conjunction with any public library, for a period of time not to exceed 200 calendar days in one calendar year;

4.

Religious purposes for a period not to exceed eight consecutive calendar days on any one site or premises;

5.

Which have been previously approved by the Director for use in conjunction with a registered public Festival, approved special event, public recreation or public health purpose;

6.

Residential purposes in a manufactured home park;

7.

In an approved campground for a period not to exceed 32 consecutive calendar days; or

8.

When temporarily located outside a legally occupied building in a non-residential zoning district when the portable building does not occupy a location creating any violation of any applicable site development standard. A portable building shall be subject to the applicable parking setback line instead of the building line on the property frontage. For purposes of this section, the term "temporarily" means less than a 24-hour period.

(Ord. 2065-88: Ord. 0762-2005 § 14.)

Repealed by Ordinance 899-97.

The purpose of this section is to permit the utilization of undeveloped land for a temporary parking lot while awaiting development without the financial investment required for a more permanent parking lot. A special permit shall be required for the establishment of any nonaccessory parking lot. The board of zoning adjustment shall grant a special permit for a temporary parking lot only when it finds that all of the following conditions have been met.

1.

The lot is located in a C-3 or C-4 commercial district or M-manufacturing district of this Zoning Code, or a mixed-use district of the 2024 Zoning Code and qualifies as a nonaccessory parking lot.

2.

The parking to be provided is not code-required.

3.

The site is on a lot where development can reasonably be expected to occur within two years.

4.

The parking lot shall be graded and maintained so as to prevent damage from surface water drainage, accumulation of stagnant surface water, and improper diversion of surface water. Drainage shall conform to the division of water reclamation standards.

5.

The parking lot shall be developed in accordance with provisions of Chapter 3312 not in conflict with this section. The parking lot plan shall be approved by the director of public service and/or their designee.

6.

Access and curb cuts shall be provided in accordance with guidelines issued by the director of public service and/or their designee.

7.

A surface consisting of at least No. 304 aggregate compacted and covered with No. 8 stone, or any other surface approved in writing by the director of public service and/or their designee, shall be installed and shall be maintained in a dust-free condition.

8.

Parking spaces, traffic pattern and layout shall be controlled by striping, numbering, bumper blocks, signs or other suitable means approved by the director of public service and/or their designee.

9.

A buffer shall be provided adjacent to any adjacent street. Such buffer shall consist of a ten-foot wide grass strip, a three-foot high brick or masonry wall, or a combination of grass, landscaping, walls, fences or similar materials which in the opinion of the board of zoning adjustment is a reasonable alternative to a ten-foot wide grass strip. Such a buffer shall be installed and maintained in a live, neat, clean and orderly condition adjacent to any street. Buffering requirements may be waived when the site is not adjacent to a residential zoning district and the board of zoning adjustment finds that unbuffered parking will not negatively impact any commercially developed frontage; however, parking shall be restrained so as to prevent encroachment upon the sidewalk.

10.

The special permit applicant for the subject lot has certified in writing that the parking lot shall conform to any and all special permit conditions stated herein plus any special condition to be imposed thereon.

11.

Any additional special condition that the board of zoning adjustment may reasonably require due to special circumstances.

12.

The special permit shall be limited to a term of not exceeding two years.

13.

The special permit shall not be renewed. Rather, if necessary and upon a showing of good cause, a new application may be filed, notice shall be given, public hearing shall be held and decision shall be made based on then existing circumstances.

14.

The special permit granted and the responsibilities assumed by the applicant hereunder shall run with the use of the land and shall be applicable to any subsequent owner or operator so long as the temporary parking lot operation continues.

(Ord. 899-97 § 7; Ord. 1909-01 § 1 (part); Ord. 1987-2008 Attach. 1 (part); Ord. No. 0128-2009, § 1, 2-9-2009; Ord. No. 1792-2011, § 1(Attach. 1), 12-12-2011; Ord. No. 2111-2024, § 1(Att.), 7-29-2024; Ord. No. 1682-2025, §§ 3, 4, 6-30-2025)

A.

The siting of a monopole telecommunication antenna requires a special permit to be located in any of the following areas:

1.

Any property or parcel listed on the Columbus Register of Historic Properties, or that is included in an architectural review commission area, and that is zoned C-2, C-3, C-4, C-5, M, M-1, or M-2 in this Zoning Code,

2.

Any property or parcel located in the CAC or RAC districts of the 2024 Zoning Code.

B.

The board of zoning adjustment shall grant a special permit only when it finds that the following conditions and standards have been met:

1.

Affidavits have been submitted by the applicant and placed on file with the board of zoning adjustment attesting to the lack of any reasonable alternative, including collocation and concealment to the construction of the monopole antenna as well as documentation of this finding.

2.

Affidavits have been submitted by the applicant and placed on file with the board of zoning adjustment attesting to the owner's willingness to allow other entities to rent or lease space for additional antennas on the monopole antenna.

3.

The base of all monopole telecommunication antenna sites and associated support structures shall be screened and buffered and may be enclosed by a security fence. The buffer shall contain hedges or other plants that provide a five-foot high, 75 percent opaque screen. Existing vegetation and topography can be used as part of this screening.

4.

At no time shall any antenna have affixed or attached to it in any way any lights, reflectors, signs, banners, graphics, or other illumination device, except as required by the Federal Aviation Administration or the Federal Communication Commission. All exterior finishes shall be, unless otherwise required, neutral grey in color.

5.

The base of all monopole telecommunication antenna sites and associated support structures shall be set back 200 percent of the total height of the antenna from all residentially-zoned districts. All support structures shall meet district setbacks.

6.

Monopole telecommunication antennas shall be exempt from C.C. 3312 and C.C. 3309.14, and the height limits in the CAC or RAC districts of the 2024 Zoning Code, up to a maximum height of:

a.

100 feet if built for one or more providers;

b.

150 feet if built for two or more providers.

7.

Within 180 days of the termination of use of the monopole telecommunication antenna, the monopole telecommunication antenna and all associated structures and buildings shall be removed from the site or shall be declared a nuisance as per C.C. 4107.

(Ord. 90-98 § 8; Ord. No. 1792-2011, § 1(Attach. 1), 12-12-2011; Ord. No. 2111-2024, § 1(Att.), 7-29-2024)

Except as provided for in Chapter 3391, Nonconformities, expansion or relocation of a nonconforming use requires a Special Permit.

(Ord. No. 2323-2012, § 4, 12-10-2012)

Editor's note— Ord. No. 0162-2025, § 11, adopted Feb. 10, 2025, repealed § 3389.151, which pertained to the Ohio Medical Marijuana Control Program Retail Dispensary, and derived from Ord. No. 3023-2018, § 7, adopted Dec. 3, 2018; and Ord. No. 2111-2024, § 1(Att.), adopted July 29, 2024.