This chapter is adopted pursuant to Wis. Stats. §§ 62.23, 87.30 and 281.31, and amendments thereto.

(Ord. No. 643-09, §§ I, II, 4-8-09)

This chapter shall be known as, referred to, or cited as, "Zoning Ordinance, City of Columbus, Wisconsin" or herein as "this chapter".

(Ord. No. 643-09, §§ I, II, 4-8-09)

This chapter is adopted for the purpose of promoting the health, safety, morals, aesthetics and general welfare of the city.

(Ord. No. 643-09, §§ I, II, 4-8-09)

It is the general intent of this chapter to regulate and restrict the use of all structures, lands, and waters so as to:

(1)

Regulate and restrict lot coverage and the size and location of all structures to prevent overcrowding and to provide adequate sunlight, air, sanitation, and drainage;

(2)

Regulate population density and distribution to avoid undue concentration and to facilitate the provision of adequate public service and utilities;

(3)

Regulate parking, loading, and access to lessen congestion on, and promote the safety and efficiency of, the streets and highways;

(4)

Secure safety from fire, flooding, pollution, contamination, panic, and other dangers;

(5)

Stabilize and protect existing and potential property values;

(6)

Encourage compatibility between different land uses and protect the scale and character of existing development from the encroachment of incompatible development;

(7)

Preserve and protect the beauty of the City of Columbus, Wisconsin and environs;

(8)

Further the orderly layout and appropriate use of land;

(9)

Prevent and control erosion, sedimentation, and other pollution of the surface and subsurface waters;

(10)

Further the maintenance of safe and healthful water conditions;

(11)

Prevent flood damage to persons and property to minimize expenditures for flood relief and flood control projects;

(12)

Provide for and protect a variety of suitable commercial and industrial sites;

(13)

Protect the traffic-carrying capacity of existing and proposed arterial streets, highways, and collector streets;

(14)

Facilitate adequate provisions for housing, transportation, water supply, stormwater, wastewater, schools, parks, playgrounds, and other public facilities and services;

(15)

Facilitate implementation of municipal, county, watershed and/or regional comprehensive plans and plan components adopted by the city;

(16)

For such purposes to divide the city into districts of such number, shape and area as are deemed best suited to carry out such purposes;

(17)

Provide for the administration and enforcement of this chapter;

(18)

Provide penalties for the violation of this chapter.

(Ord. No. 643-09, §§ I, II, 4-8-09)

It is not the intent of this chapter to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, rules or permits adopted or issued pursuant to law; however, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail.

(Ord. No. 643-09, §§ I, II, 4-8-09)

The provisions of this chapter shall be interpreted and applied as minimum requirements, shall be construed in favor of the city, and shall not be deemed a limitation or repeal of any power granted by state statutes.

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

Part, division, section, provision, or portion of this chapter. If any part, division, section, provision, or portion of this chapter is adjudged unconstitutional, or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.

(2)

Application of this chapter to a particular structure, land, or water. If an application of this chapter to a particular structure, land, or water is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall not be applicable to any other structure, land, or water not specifically included in said judgment.

(Ord. No. 643-09, §§ I, II, 4-8-09)

This chapter shall apply to all lands and waters within the city limits and to those lands lying within the extraterritorial zoning jurisdiction of the City of Columbus pursuant to Wis. Stats. § 62.23(7a) and in accordance with the city's comprehensive plan.

(Ord. No. 643-09, §§ I, II, 4-8-09)

This section defines each use listed in the use tables of the various zoning districts.

(1)

Adult family home. As defined under Wis. Stats. § 50.01(1), means one of the following:

(a)

A private residence to which all of the following apply:

1.

Care and maintenance above the level of room and board but not including nursing care are provided in the private residence by the care provider whose primary domicile is this residence for three or four adults, or more adults if all of the adults are siblings, each of whom has a developmental disability, as defined in Wis. Stats. § 51.01 (5), or, if the residence is licensed as a foster home, care and maintenance are provided to children, the combined total of adults and children so served being no more than four, or more adults or children if all of the adults or all of the children are siblings, or, if the residence is licensed as a treatment foster home, care and maintenance are provided to children, the combined total of adults and children so served being no more than four.

2.

The private residence was licensed under Wis. Stats. § 48.62 as a foster home or treatment foster home for the care of the adults specified in subdivision 1. at least 12 months before any of the adults attained 18 years of age.

(b)

A place where three or four adults who are not related to the operator reside and receive care, treatment or services that are above the level of room and board and that may include up to seven hours per week of nursing care per resident. (See also "Nursing Home" and "Convalescent Home")

(2)

Adult oriented establishment. Includes "entertainment establishment, adult" and "retail establishment, adult"

(3)

Agricultural use. Includes farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture and animal and poultry husbandry and the necessary accessory uses for packing, treating or storing the produce; provided the operation of any such accessory uses is secondary to that of normal agricultural activities.

(4)

Ambulance service. A privately-owned facility for the dispatch, storage and maintenance of emergency medical care vehicles.

(5)

Animal boarding facility. An establishment in which more than three dogs or three cats, or any combination thereof, over the age of five months may be kept for boarding, breeding, safekeeping, convalescence, humane disposal, placement, sale or sporting purposes.

(6)

Animal grooming or training facility. An establishment providing bathing, trimming or training services for domestic animals on a commercial basis. This term includes the boarding of domestic animals for a maximum period of 48 hours incidental to the grooming or training services provided.

(7)

Animal hospital/clinic. An establishment providing medical and surgical treatment of domestic animals, including grooming and boarding for not more than 30 days if incidental to the medical care. This term also includes an animal crematorium.

(8)

Art gallery. A building or portion thereof used for the display or sale of works of art or craftsmanship with no goods produced on the premises, as distinct from an artist's studio where works may be both produced and sold.

(9)

Artist studio. Private workspace for the exclusive use of one or more artists or artisans who are owners or leaseholders of the property, including the accessory sale of art produced on the premises.

(10)

Assembly hall. An establishment providing meeting space for social gatherings, including but not limited to wedding receptions, graduation parties and business or retirement functions. This term includes, but is not limited to, a banquet hall, rental hall, nonalcoholic social club, nondenominational chapel or a meeting space for a club or membership organization. This term does not include a convention center.

(11)

Assisted living facility. A home for the aged, infirm, chronically ill or incurably ill in which five or more persons not of the immediate family are received, kept or provided with food and shelter or care for compensation but not including nursing homes as herein defined, hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of disease or injury, maternity cases or mental illness.

(12)

Bank or other financial institution. An establishment providing retail banking, credit and mortgage services. This term does not include a currency exchange, a payday loan agency or a title loan agency.

(13)

Bed and breakfast. An establishment which:

Provides rooms for rent for short periods of time.

Provides meals only to renters of rooms in the establishment.

Is the operator's personal residence.

Is occupied by the operator at the time of rental.

(14)

Brewery. A building or portion thereof used for the manufacture of more than 5,000 barrels per year of fermented malt beverages or a fermented malt beverage manufacturer with a mechanized bottling capability. Breweries are manufacturing uses.

(15)

Brewpub. A restaurant which manufactures up to 5,000 barrels of fermented malt beverages per year on premises for either consumption on premises, or off premises in hand-capped or sealed containers in quantities up to one-half barrel or 15½ gallons sold directly to the consumer. Wholesaling shall be permitted only where authorized within the zoning code.

(16)

Broadcasting or recording studio. An establishment containing one or more broadcasting studios for over-the-air, cable or satellite delivery of radio or television programs, or studios for the audio or video recording or filming of musical performances, radio or television programs or motion pictures. This term does not include a transmission tower.

(17)

Building maintenance service. An establishment providing routine maintenance of buildings. This term includes, but is not limited to, a window washing, building cleaning, pest extermination or disinfecting service.

(18)

Business service. An establishment providing services to business establishments on a fee or contract basis, including, but not limited to, advertising services, business equipment and furniture sales or rental or protective services. This term includes, but is not limited to, an employment agency, photocopy center, commercial photography studio or mailing service. This term does not include maintenance, repair and office uses such as accounting, advertising, architectural design, city planning, environmental analysis, insurance, interior design, investment, landscape design, law, management consulting, title research and real estate.

(19)

Car wash. See "Motor vehicle wash".

(20)

Catering service. An establishment providing the processing, assembly and packaging of food into servings for consumption off-premises without provision for on-site pickup or consumption. This term includes, but is not limited to, the preparation of meals by a catering business or by a nonprofit organization operating a meal program.

(21)

Cemetery or other place of interment. A place for the interment of the dead. This term includes a columbarium or mausoleum, but does not include a crematorium or mortuary.

(22)

Clubs and lodges. A nonprofit association of persons who are bona fide members paying annual dues which owns, hires or leases a building or portion thereof, the use of such premises being restricted to members and their guests. The affairs and management of such "private club or lodge" are conducted by a board of directors, executive committee or similar body chosen by the members at their annual meeting. It shall be permissible to serve food and meals on such premises provided adequate dining room space and kitchen facilities are available. Where properly licensed under existing city ordinance, the consumption of intoxicating beverages by members of such club or lodge or their guests may be permitted.

(23)

College. An educational institution authorized by the state to award baccalaureate or higher degrees, or any campus of the state vocational, technical and adult education system. This term includes any classroom, laboratory, sporting facility or office associated with such institution. This term does not include a dormitory.

(24)

Community center. A building or group of buildings operated by a public or nonprofit group or agency and used for recreational, social, educational or cultural activities.

(25)

Community living arrangement. As defined under Wis. Stats. § 46.03(22)(a) means any of the following facilities licensed or operated, or permitted under the authority of the State of Wisconsin Department of Health and Family Services:

Residential care centers for children and youth, as defined in Wis. Stats. § 48.02 (15d), operated by child welfare agencies licensed under Wis. Stats. § 48.60.

Group homes for children, as defined in Wis. Stats. § 48.02(7), and community-based residential facilities, as defined in Wis. Stats. § 50.01 (1g); but does not include adult family homes, as defined in Wis. Stats. § 50.01 (1), day care centers, nursing homes, general hospitals, special hospitals, prisons, and jails.

(26)

Contractor's shop. An establishment used for the indoor repair, maintenance or storage of a contractor's vehicles, equipment or materials, and may include the contractor's business office.

(27)

Contractor's yard. An establishment used for the outdoor repair, maintenance or storage of a contractor's vehicles, equipment or materials.

(28)

Convent, rectory or monastery. Means a building used to house the staff of a church or members of a religious order.

(29)

Convention and exposition center. A commercial facility used for assemblies or meetings of the members or representatives of groups, including exhibition space. This term does not include banquet halls, clubs, lodges or other meeting facilities of private or nonprofit groups that are primarily used by group members.

(30)

Correctional facility. A correctional institution established under Wis. Stats. § 301.13, or a state prison established under Wis. Stats. Ch. 302.

(31)

Cultural institution. A nonprofit institution that displays or preserves objects of interest to the arts or sciences. This term includes, but is not limited to, a museum, art gallery, aquarium or planetarium.

(32)

Currency exchange. In accordance with Wis. Stats. § 218.05, any person except banks incorporated under the laws of this state and national banks organized pursuant to the laws of the United States and any credit union operating under Wis. Stats. § 186, which obtains a certificate of authority from the Wisconsin commissioner of credit unions, engaged in the business of and providing facilities for cashing checks, drafts, money orders and all other evidences of money acceptable to such community currency exchange for a fee, service charge or other consideration. This term does not include any person engaged in the business of transporting for hire, bullion, currency, securities, negotiable or nonnegotiable documents, jewels or other property of great monetary value nor any person engaged in the business of selling tangible personal property at retail nor any person licensed to practice a profession or licensed to engage in any business in this state, who in the course of such business or profession and, as an incident thereto, cashes checks, drafts, money orders or other evidences of money.

(33)

Day care center. An establishment in which the operator is provided with compensation in return for providing one or more individuals with care for less than 24 hours at a time. The term includes, but is not limited to, a day nursery, nursery school, adult day care center or other supplemental care facility. This term does not include a family day care home.

(34)

Dormitory. A building used as group living quarters for students associated with a college, university, boarding school, orphanage or similar institution.

(35)

Drive-through facility. A facility which is used for dispensing services or products to customers in motor vehicles. Such facility may include access lanes, signing, lighting and audio systems. This term does not include a drive-in theater.

(36)

Dry cleaning, drop-off/pick-up. An establishment where articles are dropped off, sorted and picked up but where laundering or cleaning is done elsewhere.

(37)

Dry cleaning processing. An establishment which launders or dry cleans articles on the premises.

(38)

Duplex. See "Dwelling, two-family".

(39)

Dwelling, multifamily. A building or portion thereof designed for occupancy by three or more families.

(40)

Dwelling, single-family. A detached building designed for and occupied exclusively by one family, but not including a mobile home.

(41)

Dwelling, two-family. A detached building designed for and occupied by no more than two families.

(42)

Emergency residential shelter. A facility, other than a community living arrangement, managed by a public or nonprofit agency that provides short-term housing and a protective sanctuary for victims of fire, natural disaster, economic hardship, crime, abuse or neglect, including emergency housing during crisis intervention for victims of rape, child abuse or physical beatings which contains individual sleeping rooms and may or may not have food preparation facilities and private shower or bath facilities.

(43)

Entertainment establishment, adult. An establishment providing nude dancing or other live or recorded performances that depict, describe or relate to specified sexual activities or specified anatomical areas as defined herein.

(44)

Establishment, adult oriented. (See "Adult oriented establishment")

(45)

Family day care home. A dwelling licensed as a day care center by the State of Wisconsin Department of Health and Family Services under Wis. Stats. § 48.65 where care is provided for not more than eight children. (from Wis. Stats. § 66.1017(1)(a))

(46)

Family shelter care facility. A nonsecure place of temporary care and physical custody for children, including a holdover room, licensed by the state of Wisconsin under Wis. Stats. § 48.66(1)(a), which houses not more than four children.

(47)

Festival grounds. An outdoor facility, including accessory buildings and structures, used primarily for the accommodation of periodic or seasonal cultural or entertainment programs or events.

(48)

Foster home. Any facility that is operated by a person required to be licensed by Wis. Stats. § 48.62(1)(a) and that provides care and maintenance for no more than four children or, if necessary to enable a sibling group to remain together, for no more than six children or, if the State of Wisconsin Department of Health and Family Services promulgates rules permitting a different number of children, for the number of children permitted under those rules. (From Wis. Stats. § 48.02(6)).

(49)

Fraternity. A building used as group living quarters for members of a general or local chapter of a regularly organized college fraternity.

(50)

Funeral home. An establishment providing services involving the care, preparation or disposition of human dead. This term includes, but is not limited to, a crematorium or a mortuary.

(51)

Furniture and appliance rental and leasing. An establishment providing the rental or leasing of furniture, electronics, small appliances, major appliances or other household items. This term includes incidental storage and maintenance of such items.

(52)

Gaming facility. A commercial facility where patrons wager money on the outcome of a game, including, but not limited to, a card game or a slot machine.

(53)

Garage, private. An accessory building or space designed and utilized only for the storage of motor-driven vehicles belonging to or regularly utilized by the owner or occupant of the principal building on the property.

(54)

Garage, public. Any building or premises, other than a private or storage garage, where motor-driven vehicles are equipped, repaired, serviced, hired, sold or stored.

(55)

Garage, storage. Any building or premises used for the storage of motor-driven vehicles and where no vehicles are serviced, repaired, hired or sold.

(56)

Garden supply or landscaping center. An establishment providing the retail sale of plants and the sale or rental of garden and landscape materials and equipment. This term includes outdoor storage of plants, materials or equipment.

(57)

Gas station/convenience store. An establishment providing retail sale of fuel for motor vehicles, but not motor vehicle maintenance or repair work on the premises. This term includes accessory retail sales, commonly referred to as a convenience store, but does not include a fast food restaurant.

(58)

Ground transportation service. An establishment providing the storage, maintenance or dispatching of:

Public passenger vehicles.

Vehicles licensed or otherwise regulated as human service vehicles by the State of Wisconsin and used for the transportation of elderly or handicapped persons.

School buses, as described in Wis. Stats. § 341.26(2)(d) and (dm).

Tow trucks, as defined in Wis. Stats. § 340.01(67n).

(59)

Health clinic. A group of associated offices for six or more physical or mental health care professionals who provide specialized diagnostic, testing, physical therapy or treatment services, including clerical and administrative services, to persons for periods of less than 24 hours. This term does not include a medical office or hospital.

(60)

Health club. An establishment for the conduct of indoor sports and exercise activities, along with related locker and shower rooms, offices and classrooms, where use of such establishment is offered on a membership basis.

(61)

Helicopter landing facility. A facility used for the takeoff and landing of helicopters, including, but not limited to, any heliport, helipad or helistop. Accessory features such as hangars, parking pads, terminals and service areas are also part of such a facility.

(61.5)

Historic structure event venue. A structure of significant historic nature which is individually recognized on the local and national register of historic places, along with surrounding grounds, buildings and accessory buildings that is available for rent by individuals, businesses or organizations for the purpose of holding meetings, celebrations, gatherings, educational events, tours or other group events and activities. On site retail sales of items related to the venue, community and/or Wisconsin products is permitted.

(62)

Home improvement center. An establishment providing the sale or rental of building supplies, construction equipment or home decorating fixtures and accessories. This term includes a lumber yard or a contractors' building supply business and may include outdoor storage or tool and equipment sales or rental. This term does not include an establishment devoted exclusively to retail sales of paint, wallpaper or hardware or activities classified under vehicle/equipment sales and services, including vehicle towing services.

(63)

Hospital. Means a state-licensed institution providing primary health services and medical, psychiatric, or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other physical or mental conditions, and, as an integral part of the institution, related accessory uses or facilities, including, but not limited to, laboratories, central service facilities for inpatient or outpatient treatment, as well as training, research and administrative services for patients and employees. Also included are health services and care, and services and functions which support health services and care, which are shared with other hospitals or other health care providers.

(64)

Hotel. An establishment in which at least five rooms or units or at least 70 percent of the accommodations, whichever is greater, are regularly used or available for occupancy for periods of less than 30 days or are available for more than 30 days but are not the primary residences of the occupants. This classification includes, but is not limited to, a motor lodge, motel or extended-stay hotel.

(65)

Household maintenance and repair service. An establishment providing the repair or servicing of household goods, furniture, appliances or lawn and garden equipment.

(66)

Laboratory, other than medical research. A facility where the 'laboratory use of hazardous chemicals' occurs. It is a workplace where relatively small quantities of hazardous chemicals are used on a nonproduction basis for uses other than medical research.

(67)

Large group shelter care facility. A nonsecure place of temporary care and physical custody for children, including a holdover room, licensed by the state of Wisconsin under Wis. Stats. § 48.66(1)(a), which houses at least nine but not more than 20 children.

(68)

Laundromat. An establishment providing washing and drying machines on the premises for rental use to the general public.

(69)

Library. A public, nonprofit facility in which literary, musical, artistic or reference materials such as, but not limited to, books, manuscripts, computers, recordings or films are kept for use by or loaning to patrons of the facility, but are not normally offered for sale except on an incidental basis.

(70)

Lodging house. A residential building or portion thereof, containing lodging rooms which accommodate five or more persons who are not members of the keeper's family, not including nursing homes or convalescent homes as herein defined. Lodging or meals, or both, are provided for compensation on a weekly or longer basis.

(71)

Lodging room. A room rented as sleeping and living quarters, but without kitchen facilities, and with or without an individual bathroom. In a suite of rooms without kitchen facilities, each room which provides sleeping accommodations shall be counted as one lodging room for the purpose of this chapter.

(72)

Manufacturing, heavy. An establishment engaged in manufacturing, assembly, fabrication, packaging or other industrial processing of products primarily from extracted or raw materials or the bulk storage and handling of such products and materials, where such activity involves the use or production of explosives, highly flammable liquids or gases, or toxic or hazardous materials or produces toxic, hazardous or noxious odors, fumes or dust.

(73)

Manufacturing, light. An establishment engaged in the indoor manufacturing, assembly, fabrication, packaging or other industrial processing of finished parts or products, primarily from previously prepared materials, or the indoor provision of industrial services, where there are few external effects across property lines. This term includes, but is not limited to, a business engaged in the processing, fabrication, assembly, treatment or packaging of food, textile, leather, wood, paper, chemical, plastic or metal products, but does not include basic industrial processing from raw materials.

(74)

Manufacturing, medium. An establishment engaged in manufacturing, assembly, fabrication, packaging or other industrial processing of products primarily from extracted or raw materials or the bulk storage and handling of such products and materials, or an industrial establishment having potential to produce noise, dust, glare, odors or vibration beyond its property line.

(75)

Material reclamation facility. An establishment engaged in processing and wholesaling scrap from automobiles, concrete, asphalt or industrial or other non-consumer recyclable materials. This term includes, but is not limited to, an auto wrecker primarily engaged in dismantling motor vehicles for the purpose of wholesaling scrap.

(76)

Medical office. An establishment providing diagnostic and outpatient medical care on a routine basis, but which is unable to provide prolonged inpatient medical or surgical care. Such facility may be staffed by up to five doctors, dentists, ophthalmologists, optometrists, chiropractors, physical therapists or similar practitioners licensed for practice by the state. This term includes a medical or dental laboratory incidental to the medical office use. See also "health clinic".

(77)

Medical research laboratory. An establishment providing medical or dental laboratory services or photographic, analytical or testing services for medical or medical research purposes. This term does not include a research and development facility that primarily serves an educational or industrial establishment.

(78)

Medical service facility. An establishment operated such that physicians are present during less than 50 percent of normal business hours and which provides medical services for the specialized diagnosis, testing and treatment of alcoholism, chemical substance abuse, mental illness or sexually transmitted diseases. This term includes, but is not limited to, a facility offering methadone treatment programs, a prison parole or probation drug treatment distribution center, or a facility where components of human blood are removed and purchased for use in research or the manufacture of consumer or industrial products.

(79)

Mixed waste processing facility. An establishment engaged in the processing, separating and sorting of recyclable materials from nonhazardous waste streams or from commingled consumer recyclable materials, such as paper, plastics, beverage cans or household metals.

(80)

Motor vehicle body shop. An establishment providing the repair or rebuilding of heavy motor vehicle bodies by the replacement, smoothing, sanding or painting of the exterior surfaces of such vehicles within an enclosed building.

(81)

Motor vehicle limited wholesale facility. Means an office for wholesale trade in motor vehicles where no more than ten vehicles to be sold are stored on the premises.

(82)

Motor vehicle outdoor storage. The outdoor storage of operable motor vehicles for more than 48 hours. This term does not include a surface parking lot, material reclamation facility, or outdoor salvage operation.

(83)

Motor vehicle parking lot (heavy), principal use. Surface parking spaces for ten or more heavy motor vehicles, along with adjacent access drives and aisles, where the parking spaces are not located in a structure and the parking of such vehicles is the principal use of the premises. This term includes both commercial parking operations and private surface parking lots, but does not include parking lots that are used exclusively for the parking of light motor vehicles.

(84)

Motor vehicle rental facility. An establishment where contracts are prepared or reservations accepted for the rental or leasing of motor vehicles. This term includes incidental storage of vehicles, but does not include on-premises maintenance of vehicles or a tool/equipment rental facility.

(85)

Motor vehicle repair facility. An establishment providing the repair or servicing of motor vehicles, including the sale, installation and servicing of related equipment and parts, where all such work is performed within an enclosed building. This term includes, but is not limited to, the repair or servicing of batteries, tires, mufflers, brakes, shocks, transmissions, engines or upholstery. This term does not include vehicle dismantling or salvage, tire retreading or recapping, or body bumping and painting.

(86)

Motor vehicle sales facility. An establishment providing retail sale of motor vehicles, including incidental storage and maintenance.

(87)

Motor vehicle salvage business. Any business of buying, gathering or storing of motor vehicles which are unfit to be reconditioned for use on the public highways and the selling, delivering, or storing of used parts of motor vehicles, or old iron, metal, glass, paper cordage, or other waste or discarded secondhand material which has been a part of or is intended to be a part of a motor vehicle.

(88)

Motor vehicle wash. An establishment providing washing, waxing or cleaning of motor vehicles, including access and queuing lanes.

(89)

Multifamily dwelling. See "Dwelling, multifamily".

(90)

Nonmetallic mining (quarrying). Means all of following:

(a)

Operations or activities at a nonmetallic mining site for the extraction from the earth of mineral aggregates or nonmetallic minerals for sale or use by the operator. Nonmetallic mining includes use of mining equipment or techniques to remove materials from the in-place nonmetallic mineral deposit, including drilling and blasting, as well as associated activities such as topsoil removal, excavation, grading and dredging. Nonmetallic mining does not include removal from the earth of products or commodities that contain only minor or incidental amounts of nonmetallic minerals, such as commercial sod, agricultural crops, ornamental or garden plants, forest products, Christmas trees or plant nursery stock.

(b)

Processes carried out at a nonmetallic mining site that are related to the preparation or processing of the mineral aggregates or nonmetallic minerals obtained from the same nonmetallic mining site. These processes include, but are not limited to, stockpiling of materials, blending mineral aggregates or nonmetallic minerals with other mineral aggregates or nonmetallic minerals, blasting, grading, crushing, screening, scalping, pulverizing, and dewatering.

(91)

Nursing home. A place where five or more persons who are not related to the operator or administrator reside, receive care or treatment and, because of their mental or physical condition, require access to 24-hour nursing services, including limited nursing care, intermediate level nursing care and skilled nursing services, as defined in Wis. Stats. § 50.01.

(92)

Nursery school. A facility licensed as a day care center by the state department of health and family services or any other government agency that assumes its authority and responsibilities where a person(s) provides, for compensation and/or consideration, group care for four or more children between the ages of infancy and seven years of age, at a location other than the child's own home or the home of relatives or guardians.

(93)

Office, general. Use of a building for business, professional or administrative offices. A general office is characterized by a low proportion of vehicle trips attributable to visitors or clients in relationship to employees. Examples include, but are not limited to, offices of firms or organizations providing architectural, computer software consulting, data management, engineering, interior design, graphic design, real estate, insurance, investment or legal services. This term does not include a bank or other financial institution or the office of a physician, dentist, optometrist or chiropractor.

(94)

Office, government. An administrative, clerical or public contact office of a government agency, including a postal facility, together with incidental storage and maintenance of the agency's vehicles.

(95)

Outdoor merchandise sales.

a.

Outdoor merchandise sales: The retail sale of produce, other foodstuffs or other products, primarily outside and enclosed structure, for more than 90 days in a calendar year.

b.

Outdoor seasonal merchandise sales: Outdoor merchandise sales of products specific to the calendar season and also accessory to the indoor retail establishment. As an example, annual and perennial plants in the spring of the year.

c.

Outdoor merchandise sidewalk, parking lot and special events sales: Outdoor merchandise sales events not to exceed a combined 30 days per year of products generally for sale and accessory to the indoor retail establishment.

(96)

Outdoor racing facility. An establishment engaged in operating a track for racing, including but not limited to the racing of motor vehicles, dogs or horses.

(97)

Park or playground. A public, noncommercial park, playground or open space. This term does not include a community center, festival grounds, indoor or outdoor recreation facility or sports facility.

(98)

Parking lot, accessory use. Surface parking spaces for five or more light motor vehicles, adjacent access drives and aisles, where the parking spaces are not located in a structure and the parking of motor vehicles is not the principal use of the premises. This term does not include commercial parking operations, which shall be considered a principal use, or the parking of heavy motor vehicles.

(99)

Parking lot, principal use. Surface parking spaces for five or more light motor vehicles, and adjacent access drives and aisles, where the parking spaces are not located in a structure and the parking of motor vehicles is the principal use of the premises. This term includes both commercial parking operations and private surface parking lots, but does not include the parking of heavy motor vehicles.

(100)

Parking structure, accessory use. Parking spaces and adjacent access drives, aisles and ramps that are located in a structure with two or more levels, where the parking structure is not the principal use of the premises. This term does not include commercial parking operations, which are a principal use. This term does not include private one-story garages for single-, two- or multifamily dwellings or parking spaces that are integrated into a larger structure that houses the principal use of the premises.

(101)

Parking structure, principal use. Parking spaces and adjacent access drives, aisles and ramps that are located in a structure with two or more levels, where the parking structure is the principal use of the premises. This term includes commercial parking operations as well as private parking structures. This term does not include private one-story garages for single-, two- or multifamily dwellings.

(102)

Passenger terminal. A facility for passenger transportation operations, including but not limited to a passenger rail station, bus terminal or passenger ship terminal. This term does not include an airport or heliport.

(103)

Payday loan agency. An establishment providing loans to individuals in exchange for personal checks as collateral.

(104)

Personal service establishment. An establishment providing services which are of a recurring and personal nature to individuals. This term includes, but is not limited to, a barber shop, beauty salon, shoe repair shop, seamstress, tailor, fortune teller, tanning salon, massage establishment, body piercing establishment or tattoo establishment. This term does not include a portrait studio, dry cleaning establishment, laundromat, photocopy center, health club or repair shop for household items.

(105)

Plant nursery or greenhouse. An establishment engaged in growing crops of any kind within or under a greenhouse, cold frame, cloth house or lath house, or growing nursery stock, annual or perennial flowers, vegetables or other garden or landscaping plants. This term does not include a garden supply or landscaping center.

(106)

Power generation plant. A facility that converts one or more energy sources, including but not limited to water power, fossil fuels, nuclear power or solar power, into electrical energy or steam. A power generation plant may also perform either of the following:

Operation of a transmission system that conveys the energy or steam from the generation facility to a power distribution system.

Operation of a distribution system that conveys energy or steam from the generation facility or the transmission system to final consumers.

(107)

Public safety facility. A government facility for public safety and emergency services including a facility that provides police or fire protection and related administrative facilities.

(108)

Quarrying. See "Nonmetallic mining".

(109)

Railroad switching, classification yard, or freight terminal. A facility for the operation of a line-haul or short-line freight railroad.

(110)

Recycling collection facility. A facility for the deposit, sorting or batching, but not processing, of post-consumer recyclable materials. This term includes, but is not limited to, a residential self-help, drop-off facility or a transfer station which receives residential solid waste collected by city forces or deposited by city residents.

(111)

Religious assembly. A facility where people regularly assemble for religious worship and any incidental religious education, which is maintained and controlled by a religious body organized to sustain public worship. This term does not include an elementary or secondary school, a specialty or personal instruction school, or a college.

(112)

Research and development. An establishment which conducts research, development or controlled production of high-technology electronic, industrial, or scientific products or commodities for sale or laboratories conducting educational or medical research or testing. This term includes, but is not limited to, a biotechnology firm or a manufacturer of nontoxic computer components.

(113)

Restaurant, fast-food/carry-out. A restaurant other than a sit-down restaurant where the manner of preparation, packaging and serving of food or beverages encourages their consumption outside the building. This term does not include a tavern.

(114)

Restaurant, sit-down. A restaurant where the food or beverages sold are consumed at tables located on the premises, where taking food or beverages from the premises is purely incidental, where food or beverages are normally served utilizing nondisposable containers and utensils and where the consumption of food or beverages in vehicles on the premises in which the building is located does not regularly occur, or where the restaurant is located within a building containing more than one principal use other than another restaurant. This term does not include a tavern.

(115)

Restaurant-tavern. Any place in which meals are provided and fermented malt beverages or intoxicating liquors are sold for consumption upon said premises with meals accounting for over 50 percent of the gross receipts.

(116)

Retail establishment, adult. An establishment in which ten percent or more of the gross public floor area is devoted to, or ten percent or more of the stock-in-trade consists of, the following: books, magazines and other periodicals, movies, videotapes, compact discs, DVDs, novelty items, games, greeting cards and other materials which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas as defined herein.

(117)

Retail establishment, general. An establishment providing retail sale of new products to the public and rendering services incidental to the sale of such products, including, but not limited to, sales of: art supplies and picture frames, art works, auto parts, baked goods, bicycles, books, newspapers and magazines, collectibles, dry goods, notions and novelties, flowers and plants, food and beverages, furniture and floor coverings, hardware, hobbies, toys and games, household goods, jewelry, luggage, major appliances, music, records, compact discs and tapes, paint and wallpaper, pets, pharmaceutical products, photo equipment and processing, sewing apparatus, sporting goods, stationery, tobacco products and wearing apparel. This term includes, but is not limited to, a grocery store, specialty food store, antique store, art gallery, liquor store, butcher shop, delicatessen, portrait studio, furniture or appliance rental establishment or video rental or sales business. This term does not include an adult book store, lumber yard, building supply or home improvement center, or garden center.

(118)

Roadside stand. A temporary structure which is not permanently affixed to the ground and is readily removable in its entirety, which is used for the display and sale of merchandise or agricultural products. No roadside stand shall be more than 300 square feet in ground area and there shall be not more than one roadside stand on any one premises.

(119)

Salvage operation, indoor. An establishment providing the storage of any equipment, goods, junk, material, merchandise or commercial vehicles within a building for more than 48 hours. Such establishment typically performs the dismantling of items for the salvage of useable parts. This term does not include a recycling collection facility, mixed-waste processing facility, material reclamation facility, wholesale and distribution facility or hazardous materials storage.

(120)

Salvage operation, outdoor. An establishment providing the storage of any equipment, goods, junk, material, merchandise or commercial vehicles in the open for more than 48 hours. Such establishment typically performs the dismantling of items for the salvage of useable parts. This term includes, but is not limited to, a motor vehicle salvage business. This term does not include a recycling collection facility, mixed-waste processing facility, material reclamation facility, wholesale and distribution facility or hazardous materials storage.

(121)

School, elementary or secondary. A public, parochial or private school which provides an educational program for one or more grades between kindergarten and grade 12, inclusive, and which is commonly known as an elementary school, grade school, middle school, junior high school or high school.

(122)

School, specialty or personal instruction. A business, professional, trade or other specialty school. This term includes, but is not limited to, a school offering instruction in music, art, dance, martial arts, GED preparation, computer use or programming, or cosmetology. This term does not include a flight school.

(123)

Sewage treatment plant. A facility which operates a sewerage system and sewage treatment facilities that collect, treat and dispose of human waste. Also known as wastewater treatment plant.

(124)

Shooting range. A facility for archery and/or firearm training and target practice not involving animals.

(125)

Single-family dwelling. See "Dwelling, single-family".

(126)

Small group shelter care facility. A nonsecure place of temporary care and physical custody for children, including a holdover room, licensed by the state of Wisconsin under Wis. Stats. § 48.66(1)(a), which houses at least five but not more than eight children.

(127)

Social service facility. A facility operated by an organization which provides services such as training, counseling, health or the distribution of food or clothing. This term includes, but is not limited to, a facility offering life skills training, substance abuse counseling, housing services or a neighborhood recovery center. This term does not include an emergency residential shelter.

(128)

Sorority. A building used as group living quarters for members of a general or local chapter of a regularly organized college sorority.

(129)

Sports and recreation facility, indoor. A facility for the indoor conduct, viewing or participation in recreational activities. This term includes, but is not limited to, an indoor driving range, volleyball court, bowling alley, ice or roller skating rink, billiard hall, video game center, soccer field or basketball court. This term does not include a health club or shooting range.

(130)

Sports and recreation facility, outdoor. A facility for the outdoor conduct, viewing or participation in recreational activities. Such a facility may include one or more structures. This term includes, but is not limited to, a golf facility, tennis, basketball or volleyball court, soccer, baseball or football field, or amusement park or water park. This term does not include a health club or shooting range.

(131)

Storage facility, hazardous materials. An establishment providing warehousing or bulk storage facilities for hazardous, toxic, flammable, explosive or other dangerous materials.

(132)

Storage facility, indoor. An establishment providing indoor storage of materials, vehicles or goods. This term does not include a hazardous materials storage facility or an indoor wholesale and distribution facility. This term includes, but is not limited to, a mini-warehouse or self-storage facility.

(133)

Storage facility, outdoor. An establishment providing outdoor storage of materials or goods. This term does not include a hazardous materials storage facility, an indoor wholesale and distribution facility or light or heavy motor vehicle outdoor storage.

(134)

Substation/distribution equipment, indoor. A facility, other than a transmission tower and contained entirely within a building, which performs either of the following functions:

Aids in the distribution of a utility, including but not limited to electric power or telephone service.

Is used to operate, maintain or provide access to facilities for the transmission of voice, data, text, internet, sound or full-motion-picture video between network termination points.

(135)

Substation/distribution equipment, outdoor. A facility, other than a transmission tower and not contained entirely within a building, which performs either of the following functions:

Aids in the distribution of a utility, including but not limited to electric power or telephone service.

Is used to operate, maintain or provide access to facilities for the transmission of voice, data, text, internet, sound or full-motion-picture video between network termination points.

(136)

Tavern. An establishment providing alcohol beverages by the drink to the public, where food or packaged alcohol beverages may be served or sold only as accessory to the primary use. This term does not include an assembly hall or a recreation facility.

(137)

Theater. An establishment or facility for presenting motion pictures or live performances for observation by patrons. This term includes an outdoor stage, bandshell or amphitheater, but does not include an adult entertainment establishment.

(138)

Title loan agency. An establishment providing loans to individuals in exchange for receiving titles to the borrowers' motor vehicles as collateral.

(139)

Tool/equipment rental facility. An establishment providing the rental of tools, lawn and garden equipment, party supplies and similar goods and equipment, including storage and incidental maintenance. This term does not include a motor vehicle rental facility.

(140)

Towing and wrecker service business. A business principally engaged in pulling, pushing or hauling motor vehicles to automobile service station for immediate service, to a garage or body shop for repairs or to a motor vehicle storage or salvage yard, with no on-site storage of inoperable or unlicensed motor vehicles.

(141)

Transmission tower. A structure designed to support one or more reception/transmissions systems. This term includes, but is not limited to, a radio tower, television tower, telephone exchange/microwave relay tower or cellular telephone transmission/personal communications systems tower.

(142)

Treatment foster home. Any facility that is operated by a person required to be licensed under Wis. Stats. § 48.62(1)(b), that is operated under the supervision of the State of Wisconsin Department of Health and Family Services, a county department or a licensed child welfare agency, and that provides to no more than four children care, maintenance and structured, professional treatment by trained individuals, including the treatment foster parents. (From Wis. Stats. § 48.02(17q)).

(143)

Truck freight terminal. A facility for truck-based freight service and operations, including but not limited to local pickup, local sorting and terminal operations, line-haul loading and unloading, destination sorting and terminal operations and local delivery.

(144)

Two-family dwelling. See "Dwelling, two-family".

(145)

Watchman/service quarters. One dwelling unit designed for an employee who is employed on the premises, in a nonresidential building.

(146)

Water treatment plant. An establishment engaged in operating a water treatment plant or operating a water supply system. The water supply system may include pumping stations, aqueducts or distribution mains. The water may be used for drinking, irrigation or other uses.

(147)

Wholesale and distribution facility, indoor. An establishment providing indoor storage and sale of factory-direct merchandise and bulk goods. This term includes, but is not limited to, mail-order and catalog sales, importing, wholesale or retail sale of goods received by the establishment, and wholesale distribution, but does not include sale of goods for individual consumption.

(148)

Wholesale and distribution facility, outdoor. An establishment providing outdoor storage and sale of factory-direct merchandise and bulk goods. This term includes, but is not limited to, mail-order and catalog sales, importing, wholesale or retail sale of goods received by the establishment, and wholesale distribution, but does not include sale of goods for individual consumption.

(Ord. No. 643-09, §§ I, II, 4-8-09; Ord. No. 704-14, § 1, 5-6-14; Ord. No. 715-15, § 1, 1-21-15)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. For more definitions, specific to signs, see section 114-133.

(1)

Abandoned sign. When the zoning administrator determines that a business sign is no longer being used in connection with an ongoing business on the lot, the property owner shall be notified in writing that the business sign shall be deemed to be abandoned if, after 90 days for nonconforming signs, or after 180 days for conforming signs from the date of receipt of the notice, the sign continues to be abandoned.

(2)

Accessory building. A building or portion of a building subordinate to but not part of the main building and used for a purpose customarily incidental to the permitted use of the main building.

(3)

Accessory structure. A structure or portion of a structure subordinate to but not part of the main building and used for a purpose customarily incidental to the permitted use of the main building.

(4)

Accessory use. A use subordinate to and customarily incidental to the principal use.

(5)

Agricultural facilities. Has the meaning in Wis. Stats. § 281.16(1).

(6)

Alley. A public way affording secondary access to abutting properties.

(7)

Alteration. Any act or process which changes one or more of the "exterior architectural features" of a structure.

(8)

Athletic scoreboard. A sign accessory to an athletic playing field and/or its associated fences and walls, used to report scores and often to promote businesses to viewers of the events. Signs placed on the exterior of athletic playing field walls and fences shall not be considered athletic scoreboards.

(9)

Average annual rainfall. A calendar year of precipitation, excluding snow, which is considered typical.

(10)

Banner. A sign of lightweight fabric, paper, plastic or similar material mounted either with or without a frame, usually rectangular in shape, which allows slight movement by air and contains characters, letters, illustrations or ornamentation.

(11)

Basement. That portion of any structure located partly below the average adjoining lot grade.

(12)

Beacon. A light with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source; also any light with one or more beams that rotate or move.

(13)

Best management practice or BMP. Structural or nonstructural measures, practices, techniques or devices employed to avoid or minimize soil, sediment or pollutants carried in runoff to waters of the state as set forth in those erosion control and stormwater management standards approved by the Wisconsin Department of Natural Resources pursuant to NR 151.31.

(14)

Boathouse. As defined in Wis. Stats. § 30.121(1)(a), means a permanent structure used for the storage of watercraft and associated materials and includes all structures which are totally enclosed, have roofs or walls or any combination of structural parts.

(15)

Building. Any structure having a roof supported by columns or walls.

(16)

Building height. The vertical distance from the average curb level in front of the lot or the finished grade at the building line, whichever is higher, to the highest point of the coping of a flat roof, to the deck line of a flat or mansard roof, or to the average height of the gable of a gambrel, hip or pitch roof.

(17)

Building line. A line parallel to a lot line and at a specified minimum distance from the lot line to comply with the building setback requirements of the City of Columbus subdivision ordinance and the requirements of this chapter.

(18)

Building setback line. See "Building line".

(19)

Business day. A day city hall offices are routinely and customarily open for business.

(20)

Business sign. A sign which directs attention to a business, commodity, service, or entertainment conducted, sold, offered, or manufactured upon the premises where the sign is located.

(21)

Capacity in persons. The maximum number of persons that can avail themselves of the services or goods of such establishment or use at any one time, as determined by the required floor space per person as established in the building code.

(22)

Cease and desist order. A court-issued order to halt land disturbing construction activity that is being conducted without the required permit.

(23)

Certificate of appropriateness. A certificate issued by the preservation commission authorizing the performance of alterations, construction and demolition on property and improvements which have been designated for preservation.

(24)

Changeable copy sign. A sign or portion thereof with characters, letters, or illustrations that can be physically changed or rearranged without altering the face of the surface of the sign.

(25)

Channel. A natural or artificial watercourse of perceptible extent, with definite bed and banks to confine and conduct continuously or periodically flowing water. Channel flow is that water which is flowing within the limits of the defined channel.

(26)

Common council. The Common Council of the City of Columbus.

(27)

Community information sign. An officially designated permanent sign which is limited to the display of information of interest to the general community such as community welcome signs and semi-permanent greeting-banners commonly erected on light poles.

(28)

Conditional use. A conditional use is a use which, because of its unique or varying characteristics, cannot be properly classified as a permitted use in a particular district. After due consideration, as provided for in article II, division 3 of this chapter, of the impact of such use upon neighboring land and of the public need for the particular use at a particular location, permission to conduct such conditional use may or may not be granted.

(29)

Construction. Any act or process whereby a new improvement is built, an existing improvement is expanded in size or area, or a demolished improvement is rebuilt.

(30)

Construction site. An area upon which one or more land disturbing construction activities occur, including areas that are part of a larger common plan of development or sale where multiple separate and distinct land disturbing construction activities may be taking place at different times on different schedules but under one plan.

(31)

Control plan, erosion. A comprehensive plan developed to address pollution caused by erosion and sedimentation of soil particles or rock fragments during construction containing all necessary components as stipulated in this chapter. A written description of the number, locations, sizes and other pertinent information regarding erosion control measures designed to meet the requirements of this chapter.

(32)

Convalescent home. See "Assisted living facility".

(33)

Corner lot. A lot abutting two or more streets at their intersection provided that the corner of such intersection shall have an angle of 135 degrees or less.

(34)

Curb level. The level of the established curb in front of a building measured at the center of such front. Where no curb elevation has been established, the city engineer shall establish such curb elevation.

(35)

Demolition. Any act or process which destroys in part, or in whole, a designated structure or an improvement within a designated landmark area or historic district.

(36)

Density. Number of dwelling units per acre.

(37)

Design criteria. A standard that will preserve the architectural character of an improvement or area.

(38)

Detached structure. A structure surrounded by an open space and on the same lot therewith.

(39)

Development. Any artificial change to improved or unimproved real estate, including but not limited to the construction of buildings, structures or accessory structures; the construction of additions or substantial improvements to buildings, structures or accessory structures; the placement of buildings or structures; mining, dredging, filling, grading, paving, excavation or drilling operations; and the storage, deposition or extraction of materials, public or private sewage disposal systems, or water supply facilities.

(40)

Drainage system. One or more artificial ditches, tile drains or similar devices which collect surface runoff or groundwater and convey it to a point of discharge.

(41)

Erosion. The process by which the land's surface is worn away by the action of wind, water, ice or gravity.

(42)

Erosion control measure. A practice or combination of practices to control erosion and attendant pollution.

(43)

Establishment, business. A business establishment is a place of business carrying on operations which are physically separate and distinct from those of any other place located on the same zoning lot.

(44)

Establishment (for the purpose of the sign code). An institution, business, commercial or industrial activity that occupies one or more buildings or portions thereof.

(45)

Exterior architectural appearance. The architectural character and general composition of the exterior of an improvement, including but not limited to the kind, color and/or texture of the building material and the type, design and character of all windows, doors, light fixtures, ornamental details, signs and appurtenant elements.

(46)

Extraterritorial. The unincorporated area within one and one-half miles of the City of Columbus, a fourth class city.

(47)

Family. One or more persons occupying a premises and living together as a single housekeeping entity, as distinguished from a group occupying a rooming house, motel, dormitory, fraternity, sorority, club or lodge.

(48)

Fence. A structure providing enclosure or serving as a barrier, but not protecting against the elements (as distinguished from "building").

(49)

Final stabilization. The point at which all land disturbing construction activities at a construction site have been completed and a uniform perennial vegetative cover has been established, with a density of at least 70 percent of the cover, for the unpaved areas and areas not covered by permanent structures, or that equivalent permanent stabilization measures have been fully and successfully employed.

(50)

Floor area. The gross area of all habitable space in a building, measured from the exterior walls.

(51)

Floor area ratio. The ratio of the gross floor area of a building to the area of the zoning lot on which the building is located.

(52)

Freestanding sign. A self-supporting sign resting on or supported by means of poles, standards, or any other type of base on the ground. This type of sign includes ground signs and pylon signs.

(53)

Frontage. The total dimension of a lot abutting a public street measured along the street line.

(54)

Government sign. A sign established by, or by order of, any governmental agency.

(55)

Grading permit. A written authorization made by the city engineer or authorized representative to the applicant to conduct land disturbing construction activity or to discharge post-construction runoff to waters of the state.

(56)

Ground level. The average elevation of the ground upon which sign supports are placed, except when sign supports rest upon a berm or other area elevated above the surrounding ground. In such cases, the average elevation of the base of such berm or other area shall be considered as the ground level.

(57)

Group sign. A freestanding sign displaying the collective name of a group of two or more uses such as the title of a shopping center, office park, or industrial park and its tenants.

(58)

Habitable space. Those parts of a building or structure used, or intended for use, on a day-to-day basis by people for living, sleeping, eating or cooking; or for the purpose of conducting a commercial or industrial business; or for purposes of a similar nature; excluding cellars, basements, open porches, breezeways, garages and other spaces that are not used frequently or for extended purposes for living, sleeping or eating.

(59)

Historic district. An area designated by the common council on recommendation of the preservation commission, composed of two or more improvement parcels that together comprise a district of special character or special historic interest or value as part of the development, heritage or cultural characteristics of the city and has been designated as an historic district pursuant to the provisions set forth in this chapter. An historic district may be made up of historic structures.

(60)

Historic neighborhood. An area designated by the common council on recommendation of the preservation commission, composed of two or more residential improvement parcels that together comprise a district of special character or special historic interest or value as part of the development, heritage or cultural characteristics of the city and has been designated as an historic neighborhood pursuant to the provisions set forth in this chapter. An historic neighborhood may be made up of historic structures.

(61)

Historic site. Any parcel of land whose historic significance is due to a substantial value in tracing the history of aboriginal people or upon which an historic event has occurred and has been designated as an historic site under provisions set forth in this chapter or an improved parcel or part thereof on which is situated an historic structure and any abutting improved parcel or part thereof used as and constituting part of the premises on which the historic structure is situated.

(62)

Historic structure. Any improvement that has a special character or special historic interest or value as part of the development, heritage or cultural characteristics of the city or the United States and has been designated as an historic structure, pursuant to the provisions set forth in this chapter.

(63)

Holiday signs and decorations. Signs or other decorations and/or materials displayed during civic, patriotic, or religious holidays.

(64)

Home occupation. A gainful occupation incidental to the principal use of the premises as a dwelling unit, subject to regulation under section 114-106.

(65)

Improved parcel. The unit of property that includes a physical betterment constituting an improvement and the land embracing the site thereof and is treated as a single entity for the purpose of levying real estate taxes; however, the term "improved parcel" shall also include any unimproved area of land treated as a single entity for such tax purposes.

(66)

Improvement. Any building, structure, work of art, driveway, road, parking facility, fence, gate, wall or other object constituting a physical addition to real property, or any part of such addition.

(67)

Interchange sign. A freestanding sign located in an interchange sign district.

(68)

Interior signs. A sign fully located within any building, arena, stadium or courtyard.

(69)

Land disturbing construction activity. Any manmade alteration of the land surface resulting in a change in the topography or existing vegetative or nonvegetative soil cover, that may result in runoff and lead to an increase in soil erosion and movement of sediment into waters of the state. Land disturbing construction activity includes clearing and grubbing, demolition, excavating, pit trench dewatering, filling and grading activities, but does not include agricultural land uses such as planting, growing, cultivating and harvesting of crops; growing and tending of gardens; and harvesting of trees.

(70)

Landmark. A property or structure designated as a "landmark" by ordinance of the common council according to criteria and pursuant to procedures prescribed herein and which is therefore worthy of rehabilitation, restoration, and preservation because of its historic and/or architectural significance to the city.

(71)

Landowner. Any person holding title to or having an interest in land.

(72)

Landscape. A significant natural feature or group of natural features or a combination of natural features and buildings or improvements.

(73)

Loading area. A completely off-street space or berth on the same lot as the activity served, for the loading or unloading of freight carriers and having adequate ingress and egress to a public street or alley.

(74)

Lot. A parcel of land having frontage on a public street, occupied or intended to be occupied by a principal structure or use and sufficient in size to meet lot width, lot frontage, lot area, setback, yard, parking, and other requirements of the city zoning and subdivision ordinances.

(75)

Lot area. The area of a horizontal plane bounded by the front, side and rear lot lines.

(76)

Lot, corner. See "Corner lot".

(77)

Lot coverage. The portion of a lot, stated in terms of percentage, that is covered by all principal and accessory buildings. This shall not be deemed to include fences, walls, or swimming pools.

(78)

Lot depth. The mean horizontal distance between the front and rear lot lines.

(79)

Lot lines. The lines bounding a lot.

(80)

Lot line, front. The property line dividing a lot from a public or private street and from which the required front setback is measured. The front lot line in the case of a lot abutting upon only one street, shall mean the line separating such lot from such street. In the case of any other lot, the owner shall, for the purpose of this chapter, have the privilege of electing any street lot line the front lot line, providing that such choice, in the opinion of the zoning administrator, will not be injurious to the existing development of the adjacent properties, or to the desirable future development of those adjacent properties.

(81)

Lot line, rear. The rear lot line shall mean that lot line which is opposite and most distant from the front lot line. In the case of an irregular, triangular or gore-shaped lot, a line ten feet in length entirely within the lot, parallel to and most distant from the front lot line shall be considered to be the rear lot line for the purpose of determining depth of rear yard. In cases where none of these definitions is applicable, the zoning administrator shall designate the rear lot line.

(82)

Lot line, side. Any boundary of a lot that is not a front lot line nor a rear lot line.

(83)

Lot, through. A through lot is a lot having a pair of opposite lot lines along two more or less parallel public streets, and which is not a corner lot. On a through lot, both street lines shall be deemed front lot lines.

(84)

Lot width. The shortest distance between side lot lines, measured at the building setback line.

(85)

Lot, zoning. A zoning lot is a single tract of land, which (at the time of filing for a building permit) is designated by its owner to be used, developed, or built upon as a unit, under single ownership or control. Therefore, a zoning lot may or may not coincide with a lot of record.

(86)

Maximum extent practicable (MEP). A level of implementing best management practices in order to achieve an erosion control performance standard specified in this chapter which takes into account the best available technology, cost effectiveness and other competing issues such as human safety and welfare, endangered and threatened resources, historic properties and geographic features. MEP allows flexibility in the way to meet the performance standards and may vary based on the performance standard and site conditions.

(87)

Minor structure. Any small, movable accessory construction, such as a birdhouse, doghouse, play equipment, an arbor, or a wall or fence under four feet in height.

(88)

Mobile home. A manufactured building built on a chassis and transported to a site, with or without wheels, axles, hitches or other appurtenances of mobility and regardless of the type of foundation.

(89)

Navigable waters. Lake Michigan, all natural inland lakes within Wisconsin, and all rivers, streams, ponds, sloughs, flowages, and other waters within the territorial limits of Wisconsin which are navigable under the laws of this state. The Wisconsin Supreme Court has declared navigable all bodies of water with a bed differentiated from adjacent uplands and with levels of flow sufficient to support navigation by a recreational craft of the shallowest draft on an annually recurring basis. The Wisconsin Department of Natural Resources is responsible for determining if a water body or watercourse is navigable.

(90)

Nonconforming building. A building which was lawfully erected and has been lawfully maintained, and which does not now conform with the requirements of the district in which it is located.

(91)

Nonconforming use. A use that lawfully occupied a building or land on the effective date of this chapter, or was established in accordance with this chapter following that date, which has been lawfully continued and which now does not conform with the use regulations set forth herein.

(92)

Nonconforming structure. A structure which was lawfully erected and has been lawfully maintained, and which does not now conform with the requirements of the district in which it is located.

(93)

Nonmetallic mining site. Contiguous areas of present or proposed mining (quarrying) which fit one or more of the conditions outlined below:

(a)

The location where nonmetallic mining is proposed or conducted.

(b)

Storage and processing areas that are in or contiguous to areas excavated for nonmetallic mining.

(c)

Areas where nonmetallic mining refuse is deposited.

(d)

Areas affected by activities such as the construction or improvement of private roads or haulage ways for nonmetallic mining.

(e)

Areas where grading or regrading is necessary.

(f)

Areas where nonmetallic mining reclamation activities are carried out or structures needed for nonmetallic mining reclamation, such as topsoil stockpile areas, revegetation test plots, or channels for surface water diversion, are located.

(94)

Off-premises sign. A sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered elsewhere than upon the lot where the sign is displayed. Off-premises signs include billboards but do not include permitted directional signs located off-premises.

(95)

Open space. Any land that remains unobstructed from the ground up.

(96)

Ordinary high-water mark. The point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic.

(97)

Parking facility. An area used for parking vehicles and includes parking lots and parking structures.

(98)

Parking lot sign. A sign indicating only the conditions of use of a parking area such as cost, time open, availability, towing restrictions, ownership, type of vehicles allowed, etc.

(99)

Pennant. A sign made of fabric, plastic or similar material which may or may not contain distinctive colors, patterns, or symbols of a corporation or business, typically displayed in a series along a string or wire, and hung from poles and/or structures to allow movement by air. Such attention-getting displays not specifically defined as a flag or banner but are considered pennants.

(100)

Performance standard. A narrative or measurable number specifying the minimum acceptable outcome for a facility or practice.

(101)

Permitted use. A permitted use is a use which may be lawfully established in a particular district or districts, provided it conforms with all requirements and regulations of such district in which such use is located.

(102)

Pollutant. Any dredged spoil, solid waste, incinerator residue, sewage, garbage, refuse, oil, sewage sludge, munitions, chemical wastes, biological materials, radioactive substance, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water.

(103)

Pollution. Any manmade or man-induced alteration of the chemical, physical, biological or radiological integrity of water.

(104)

Preservation commission. The Columbus Historic Landmark and Preservation Commission, as appointed and defined in this chapter.

(105)

Principal building. The building on a lot in which is conducted the principal use permitted on such lot by the regulations of the district in which it is located.

(106)

Prohibited sign. A sign which is not allowed to be erected within the corporate limits of the City of Columbus.

(107)

Promotional event sign. A business sign erected on a temporary basis used to advertise a grand opening, going out of business sale, or unusual promotional event as distinguished from a seasonal or regular sale or one of several special offers normally offered throughout the year.

(108)

Property. A distinct parcel of real property which is assigned a separate tax parcel number by the county real property lister.

(109)

Public street. Any public way, excluding sidewalks.

(110)

Public way. Any public sidewalk, street, alley, highway or other public thoroughfare.

(111)

Pylon sign. A freestanding sign erected upon pylons(s) or post(s) whose bottom edge of any portion of the sign frame is more than one foot above the ground, base or berm on which the sign is located.

(112)

Repair. Any change that is not construction, removal or alteration, where the purpose and effect of such work or replacement is to correct any deterioration or decay of or a damage to such improvement or any part thereof and to restore the same, as nearly as may be practicable to its condition prior to the occurrence of such deterioration, decay or damage.

(113)

Responsible party. Any entity holding fee title to the property or performing services to meet the performance standards of this chapter through a contract or other agreement.

(114)

Restoration. The process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving portions and features of the property which are significant to its historic, architectural and cultural values.

(115)

Runoff. Stormwater or precipitation including rain, snow or ice melt or similar water that moves on the land surface via sheet or channelized flow.

(116)

Screening. Includes a hedge, wall or fence to provide a visual separator and physical barrier not less than four feet nor more than six feet in height, unless otherwise provided for in this chapter.

(117)

Sediment. Settleable solid material that is transported by runoff, suspended within runoff or deposited by runoff away from its original location.

(118)

Set of one-year design storms. The rain intensities and rain volumes or corresponding values specific to the community for the storm durations of 0.5, 1, 2, 3, 6, 12 and 24 hours that occur approximately once per year.

(119)

Setback. The minimum horizontal distance between the street line and the nearest point of a building or any projection thereof.

(120)

Shoreland wetlands. Wetlands located within shoreland areas.

(121)

Shorelands. Those lands lying within the following distances: 1,000 feet from the ordinary high-water elevation of a navigable lake, pond, or flowage; or 300 feet from the ordinary high-water elevation of a navigable stream, or to the landward edge of the floodplain, whichever is greater.

Shorelands do not include lands adjacent to farm drainage ditches if:

(a)

Such lands are not adjacent to a natural navigable stream or river;

(b)

The drainage ditches were not navigable streams before ditching; and

(c)

Such lands are maintained in nonstructural agricultural use.

(122)

Site. The entire area included in the legal description of the land on which a land disturbing construction activity is proposed in the permit application.

(123)

Special event sign. A nonbusiness sign erected on a temporary basis for a temporary event of public interest such as a neighborhood garage sale, fundraiser, church fair, carnival, festival, concert, parade, or similar event.

(124)

Specified sexual activities. Human genitals in a state of sexual arousal or stimulation; acts of human masturbation, sexual intercourse, or sodomy; fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts.

(125)

Specified anatomical areas. Less than completely and opaquely covered human genitals, pubic region, buttocks, and female breast below a point immediately above the top of the areola and human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(126)

Statuary sign. A sign with more than two surfaces having height, width, and depth, which can be viewed from all sides usually designed as an object related to the operation or activity on the premises. Statuary signs are prohibited except as temporary special or promotional event signs.

(127)

Stop work order. An order issued by the city engineer, building inspector or other authorized agent which requires that all construction activity on the site be stopped.

(128)

Storage capacity of a floodplain. The storage capacity of a floodplain is the volume of space above an area of floodplain land that can be occupied by floodwater of a given stage at a given time, regardless of whether the water is moving.

(129)

Storm sewer. A conveyance or system of conveyances including roads with drainage systems, streets, catch basins, curbs, gutters, ditches, constructed channels or storm drains, which meets all of the following criteria:

(a)

Is designed or used for collecting water or conveying runoff.

(b)

Is not part of a combined sewer system.

(c)

Is not draining to a stormwater treatment device or system.

(d)

Discharges directly or indirectly to waters of the state.

(130)

Story. That portion of a building included between the surface of a floor and the surface of the floor next above it, or, if there is no floor above it, then the space between the floor and the ceiling next above it.

(131)

Street. Any property dedicated or intended for public or private street purposes or subject to public easements.

(132)

Street line. A dividing line between a lot, tract or parcel of land and a contiguous street.

(133)

Structural alterations. Any change in the supporting members of a building or structure, or any substantial change in the roof or in the exterior walls.

(134)

Structure. Anything constructed or erected, the use of which requires permanent location on the ground.

(135)

Technical standard. A document that specifies design, predicted performance and operation and maintenance specifications for a material, device or method.

(136)

Time and temperature sign. An electronic message board displaying only the time and temperature.

(137)

Truck trailer. A vehicle without motive power designed for carrying property on its own structure and for being drawn by a motor vehicle.

(138)

Under-canopy sign. A sign suspended from the underside of a canopy, door or other framework, to inform pedestrians of the name or address of a building or tenant or of an entrance.

(139)

Use. The use of property is the purpose or activity for which the land or building thereon is occupied or maintained.

(140)

Use, conditional. See "Conditional use".

(141)

Use, nonconforming. See "Nonconforming use".

(142)

Use, permitted. See "Permitted use".

(143)

Use, principal. A principal use is the main use of land or buildings as distinguished from a subordinate or accessory use.

(144)

Vehicle. Any device, with or without motive power, upon or by which any person or property is or may be transported or drawn upon a highway. Vehicle shall include, without limitation, recreational vehicle, such as travel trailers and campers, utility trailers and truck trailers.

(145)

Vision clearance triangle. A triangular space at the street corner of a corner lot in which visual obstruction is restricted by this chapter for safety reasons.

(146)

Waters of the state. Has the meaning given in Wis. Stats. § 281.01(18).

(147)

Wetland alteration. Any filling, flooding, draining, dredging, ditching, tiling, excavating, temporary water level stabilization measures or dike and dam construction in a wetland area.

(148)

Wetlands. Those areas where water is at, near or above the land surface long enough to support aquatic or hydrophytic vegetation and which have soils indicative of wet conditions.

(149)

Wireless communication facility. A tract or parcel of land that contains the wireless communications antenna, support structure, accessory buildings, parking, and driveway and may include other uses associated with wireless communications transmissions.

(150)

Yard. Any open space on the same lot with a building, unoccupied and unobstructed from the ground upward except as otherwise provided in this chapter.

(151)

Yard, front. A yard extending the full width of the lot between the front lot line and the part of the main building nearest such front lot line.

(152)

Yard, rear. A yard extending the full width of the lot, being the minimum horizontal distance between the rear lot line and the part of the building nearest such rear lot line.

(153)

Yard, side. A yard extending from the front yard to the rear yard, being the minimum horizontal distance between the side lot line and the part of the building nearest such side lot line.

(154)

Yard, street side. A side yard abutting on a street.

(155)

Zoning compliance, certificate of. A permit required under this chapter, which may be combined with a building permit.

(Ord. No. 643-09, §§ I, II, 4-8-09; Ord. No. 664-11, §§ 1, 2, 9-20-11)

No structure or part thereof shall be erected, used, occupied, enlarged, altered, relocated or reconstructed except in conformity with the provisions of this chapter. Similarly, no lot or part thereof shall be used, occupied or developed except in conformity with the provisions of this chapter.

(Ord. No. 643-09, §§ I, II, 4-8-09)

Whenever any use is not specifically listed as permitted or conditional within a particular zoning district, such use shall be deemed prohibited in that district. However, if the zoning administrator finds that the unlisted use is similar to and compatible with the listed uses, the administrator may allow such use and shall notify the plan commission of that decision. If the petitioner does not agree with the decision of the zoning administrator, an appeal of that decision may be made to the zoning board of appeals.

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

Except as specifically provided elsewhere in this chapter, every lot must meet the minimum dimensions and minimum setback requirements of the district in which it is located independently; that is, without counting any portion of an abutting lot.

(2)

No part of the yard or open space required for any building shall be included as a part of the yard or other space required for another building.

(3)

All yards and other open spaces allocated to a building or dwelling group shall be located on the same zoning lot as such building or dwelling group.

(4)

The maintenance of yards and other open space and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or the property on which it is located, as long as the building is in existence. Furthermore, no legally required yards or minimum lot area allocated to any building shall, by virtue of change of ownership or for any other reason, be used to satisfy yard or minimum lot area requirements for any other building.

(5)

No yards now or hereafter provided for a building existing on the effective date of this chapter, shall subsequently be reduced below, or further reduced below if already less than, the minimum yard requirements of this zoning code for equivalent new construction.

(6)

No zoning lot shall hereafter be divided into two or more zoning lots unless all improved zoning lots resulting from each such division conform with all the applicable bulk regulations of the zoning district in which the property is located.

(7)

No lot shall be so reduced that the dimensions and yard requirements imposed by this chapter cannot be met.

(8)

Every part of a required yard shall be open to the sky unobstructed, except for permitted accessory buildings. To the extent listed below, the following features may intrude into required yards without thereby violating the minimum setback requirements:

(a)

Cornices, sills, chimneys, planters or similar architectural features: Four feet

(b)

Fire escapes, open or enclosed; provided light and ventilation are not blocked: Five feet

(c)

Patios: Zero feet (patios may be located in required yards)

(d)

Porches, if unenclosed (rear yard only): Four feet

(e)

Balconies (rear yard only): Four feet

(f)

Canopies, awnings and roof overhangs: Five feet

(g)

Awning, canopies, or marquees in the CBD-1 central business district may extend over the public sidewalk, provided the director of public works has reviewed and approved the plans.

(h)

Flagpoles may be erected in required yards, provided they are no greater than 30 feet in height. See also subsection 114-135(5).

(Ord. No. 643-09, §§ I, II, 4-8-09)

(a)

No more than one principal building shall be located, erected or moved onto any single lot of record in the City of Columbus except as provided in subsections (b), (c) or (d), below. If approved, all principal buildings shall be at least 24 feet away from other principal buildings. Principal buildings shall be at least ten feet away from detached accessory buildings.

(b)

An owner or agent for owner of any lot of record with a non-residential use may apply to the Plan Commission for permission to allow more than one principal building on said lot. At the sole discretion of the plan commission, permission may be granted for the location of more than one principal building on a lot of record. Application shall consist of:

(1)

Site plan as defined by section 78-15(d)(2) and provide information regarding building dimensions, and use of buildings; and distances between buildings.

(2)

Project narrative identifying the need for multiple buildings

(3)

Summary of how the proposal meets the lot and building requirements for the zoning district applicable to the lot.

(c)

An owner or agent for owner of any lot of record with a multifamily residential use may apply to the plan commission for permission to allow more than one principal building on said lot. At the sole discretion of the plan commission, permission may be granted for the location of more than one principal building on a lot of record. Application shall consist of:

(1)

Site plan as defined by section 78-15(d)(2) and provide information regarding building dimensions, and use of buildings; and distances between buildings.

(2)

Project narrative identifying the need for multiple buildings

(3)

Summary of how the proposal meets the lot and building requirements for the zoning district applicable to the lot.

(d)

Multiple principal buildings permitted through the provisions of an approved planned unit development (PUD).

(Ord. No. 764-22, § 1, 1-4-22)

Editor's note— Ord. No. 764-22, § 1, adopted Jan. 4, 2022, repealed the former § 114-14 and enacted a new section as set out herein. The former § 114-14 pertained to similar subject matter and derived from Ord. No. 643-09, §§ I, II, adopted April 8, 2009.

(1)

The height regulations of this chapter shall not apply to chimneys, cooling towers, elevator bulkheads, fire towers, monuments, parapet walls, silos, stacks, scenery lofts, tanks, water towers, ornamental towers, spires, transmission towers, masts or aerials and necessary mechanical appurtenances; provided such structures shall comply with all other regulations and ordinances applicable to such structures.

(2)

Average front yard setback in areas where less than required front yard setback is provided on neighboring parcels.

Where 50 percent or more of the frontage on one side of a street between two intersecting streets, or for a distance of 600 feet in each direction from the lot being considered, is developed with buildings that have not observed a front yard as required herein, then:

(a)

Where a building is to be erected within 100 feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the closest front corners of the two existing buildings, provided that no new construction is permitted within the established right-of-way.

(b)

Where a building is to be erected within 100 feet of an existing building on one side only, the minimum front yard shall be the average of the setback of the existing building and the setback required normally, provided that no new construction is permitted within the established right-of-way.

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

Existing nonconforming uses.

(a)

The lawful nonconforming use of a structure or land existing as of the effective date of this chapter, or which becomes a lawful nonconforming use at the time of any amendment of this chapter, may be continued although the use does not conform with the provisions of this chapter.

(b)

Only the use of that portion of the land already in use shall be continued as a nonconforming use, and the structure shall not be extended, enlarged, reconstructed, substituted, moved or structurally altered for the nonconforming use except when required by law or order or so as to comply with the provisions of this chapter.

(c)

Structural repair or alteration of any building housing a nonconforming use shall not exceed 50 percent of its assessed value, unless the use of such building is permanently changed to a conforming use.

(d)

Substitutions of new equipment may be permitted by the board of appeals if such equipment will reduce the incompatibility of the nonconforming use with the neighboring uses.

(e)

If a nonconforming use is discontinued or terminated for a period of 12 months, any future use of the structure or land shall conform to the provisions of this chapter.

(2)

Existing nonconforming structures. Any lawful nonconforming structure existing as of the effective date of this chapter, or which becomes nonconforming at the time of any amendment to this chapter, may be continued although its size or location does not conform with the lot width, lot area, yard, height, parking and loading and/or access provisions of this chapter; provided it shall not be extended, enlarged, reconstructed, moved or structurally altered in such a way as to increase the degree of nonconformity except when required by law or order or so as to comply with the provisions of this chapter. If such nonconforming structure is changed to conform, it shall not revert to a nonconforming structure.

(3)

Records of nonconforming uses and structures. A current file of all nonconforming uses and structures shall be maintained by the zoning administrator listing the owner's name and address, the use of the structure or land and the assessed value at the time it became a nonconforming use or structure.

(4)

Reconstruction.

(a)

When a structure housing a nonconforming use is damaged by fire, explosion, flood, the public enemy or other calamity to the extent of more than 50 percent of its value as determined by a licensed real estate appraiser, it may only be restored for a conforming use.

(b)

When a nonconforming structure is damaged by fire, explosion, flood, the public enemy or other calamity to the extent of no more than 50 percent of its value as determined by a licensed real estate appraiser, it may be restored. If damage exceeds 50 percent and is no greater than 75 percent it may be restored only for a conforming use. If damage exceeds 75 percent restoration is prohibited, except as a conforming structure and a conforming use.

(c)

When permitted under subsection (a) or (b), such restoration work shall be undertaken within six months from the date the damage occurred and shall be diligently pursued to completion. If not undertaken within this timeframe, or diligently pursued, the structure shall not be reconstructed except as a conforming structure for a conforming use.

(d)

The zoning administrator may require that the estimate of damage be made by a licensed real estate appraiser. The owner of the damaged structure is responsible for obtaining this estimate for the zoning administrator. The zoning administrator may obtain alternate estimates, at city expense, when authorized by the common council.

(5)

Substandard nonconforming lots.

(a)

In any district where residential use is permitted, a single-family detached dwelling and its accessory structures may be erected on any legal lot or parcel, provided such lot or parcel was of record in the office of the county register of deeds before June 22, 1977, or the effective date of any amendment to this chapter which caused the lot to become substandard.

(b)

Such lot or parcel shall be in a separate ownership from abutting lands. If abutting lands and the substandard lot are owned by the same owner, the substandard lot shall not be sold or used without full compliance with this chapter. If in separate ownership, all the district requirements shall be complied with insofar as practical, provided the following requirements shall be met:

1.

Lot:

Width: Minimum 50 feet

Area: Minimum 5,000 square feet

2.

Building height: Maximum 30 feet

3.

Yards:

Street: Minimum 25 feet; the second street yard on a corner lot shall be not less than 25 feet.

Rear: Minimum 25 feet

Side: Minimum ten percent of the frontage each, but not less than five feet each.

(c)

Two or more lots in common ownership. If two or more lots, combinations of lots, or portions of lots with continuous frontage, are in common ownership on the effective date of this chapter, and if one or more of those lots does not meet the minimum lot width, depth or area requirements of the district in which it is located, or if either of those lots lacks the required frontage on a public street, the land involved shall be considered an undivided parcel. No portion of any such parcel shall be developed except in compliance with this chapter, nor shall any such parcel be divided so as to create a lot that does not meet the requirements of this chapter.

(6)

Nonconforming lots, structures and uses in nonresidential districts. In nonresidential districts, a structure may be erected for a conforming use on any legal lot or parcel of record on June 22, 1977; provided district setbacks are met. The burden of proof shall be on the applicant for a certificate of zoning compliance to show that such lot was of record in the county register of deeds office prior to such date. No further subdivision for residential purposes shall be permitted in nonresidential districts. Any building or structure erected after June 22, 1977, under this subsection is exempt from limitations on nonconforming uses and structures except for the following:

(a)

Once a nonconforming use or structure has been changed to conform, it shall not revert back to a nonconforming use or structure.

(b)

When a nonconforming use or structure is damaged by fire, explosion, flood, the public enemy or other calamity to the extent of more than 50 percent of its equalized value, it shall not be restored except so as to comply with the provisions of this chapter.

(7)

Substitution. The substitution of a more restrictive nonconforming use may be permitted in certain circumstances. See subsection 114-38(6).

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

Existing unlawful uses and structures. A structure or use not lawfully existing at the time of the adoption of this chapter is hereby deemed lawful as of the effective date of this chapter provided that it conforms with all of the requirements of this chapter. However, if such structure or use does not conform with all of the requirements of this chapter, then such structure or use remains unlawful hereunder.

(2)

Existing permitted uses. When a lot is used lawfully on the effective date of this chapter, and this chapter classifies such use as a "permitted use" in the zoning district in which it is located, such use is hereby deemed a lawful permitted use for the purposes of this chapter.

(3)

Existing conditional uses. When a lot is used lawfully on the effective date of this chapter, and this chapter classifies such use as a "conditional use" in the zoning district in which it is located, such use is hereby deemed a lawful conditional use for the purposes of this chapter without further action. All conditional use approvals granted prior to the effective date of this chapter shall remain in full force and effect, and the recipient of the conditional use approval may proceed to develop and utilize the property in accordance with the plans previously approved. If the approval of such conditional use was subject to one or more conditions, then those conditions shall continue in full force and effect unless a new conditional use approval is obtained in accordance with applicable parts of this chapter. However, if the recipient of the conditional use approval has failed to act on the approval before the conditional use approval expires or within 12 months, whichever is sooner, then the provisions of this chapter shall govern, including the provisions allowing extension of the period for applying for a building permit or certificate of occupancy. Any new owner or occupant of a lawful conditional use may continue operation of that use without needing a new conditional use approval pursuant to this chapter, provided that operation of the lawful conditional use is continued in the same manner as it existed on the effective date of this chapter.

(4)

Addition to, expansion of, or change of use in existing conditional uses. Any addition to or expansion of a lawful conditional use, as defined above, shall require new conditional use approval in accordance with the procedures and standards set forth in this chapter for new conditional uses. Any change in a lawful conditional use to a new use shall be permitted only if this chapter classifies the new use as a permitted use or conditional use in the zoning district or if the proposed use is deemed to be a similar use under the provisions of section 114-12. Any change in a lawful conditional use to a new use shall be subject to the approval procedures set forth in this chapter for the new use.

(5)

Uses rendered nonconforming. When a lot is used for a purpose which was a lawful use before the effective date of this chapter, and this chapter or any amendment thereto no longer classifies such use as either a permitted use or conditional use in the zoning district in which it is located, such use is hereby deemed a nonconforming use and shall be controlled by the provisions of section 114-16 of this chapter.

(6)

Buildings, structures, and lots rendered nonconforming. Where any building, structure, or lot which existed on the effective date of this chapter does not meet all standards set forth in this chapter or any amendment thereto, such building, structure, or lot is hereby deemed nonconforming and shall be controlled by the provisions of section 114-16 of this chapter.

(7)

Previously issued building permits. When a building permit for a building or structure has been lawfully issued prior to the effective date of this chapter, and construction has begun within six months of the issuance of such permit and is being diligently pursued to completion, the building or structure may be completed in accordance with the plans which the building permit was issued and be occupied for the use originally intended.

(8)

Previously granted variances. All variances granted prior to the effective date of this chapter, and any conditions attached thereto, shall remain in full force and effect, and the recipient of the variance may proceed to develop the property in accordance with the plans previously approved.

(9)

Applications pending on the effective date of this chapter. Where an application for approval of a conditional use or variance is pending on the effective date of this chapter, and notice of the public hearing on such application was issued before the effective date of this chapter, such application shall be governed by the zoning ordinance in effect prior to adoption of this chapter. In all other cases where an application is pending on the effective date of this chapter, the provisions of this chapter shall govern.

(Ord. No. 643-09, §§ I, II, 4-8-09)

The City of Columbus Ordinance Number 530-00 adopted on August 15, 2000 and subsequent amendments thereto, relating to the zoning of land is hereby repealed and all other ordinances or parts of ordinances of the City of Columbus inconsistent or conflicting with this chapter, to the extent of the inconsistency or conflict only, are hereby repealed.

(Ord. No. 643-09, §§ I, II, 4-8-09)