11.24.09
Patios prove vexing for city zoning code
By: Dan Eaton - Business First of Columbus
Lumping restaurant patios in with firing ranges, crematoriums and amusement parks may sound harsh to some, but supporters of a proposed change to Columbus’ zoning codes said it will give them more say in who does business in their neighborhoods.

The city is considering putting patios within 125 feet of residential areas in its special permits category, which would make businesses opening and expanding patios in those areas go before the city’s Board of Zoning Adjustments for approvals.

“There have been legitimate concerns about compatibility, but there was no venue to address it,” said Chief Zoning Official Chris Presutti. “This would require businesses to go through the public process, come up with reasonable standards and ways to be good neighbors.”

Patio problem

The change would correct a long-standing glitch in the city’s zoning code, which has no provisions directly dealing with patios and left the issue to be dealt with through parking variances. Presutti said community groups and neighborhood commissions have been using the variance process, also heard by the Board of Zoning Adjustments, to have their say on patios. But the city and board could rule on the variances based only on traffic-related issues and had no say on businesses that didn’t need variances.

“If they didn’t need a parking variance before, there was no dialogue,” he said. “This will finally resolve that.”

The city repealed the parking waiver requirement last year, setting the stage for the special permits so concerns with qualifying patios could be addressed early and appropriately through the board process. There have been public hearings on the proposal, but it hasn’t been scheduled for a City Council vote.

Councilman Andrew Ginther said that could happen by early next year.

“This’ll help provide a proactive solution before problems arise,” he said. “It isn’t meant to be punitive or deter expansion. It just makes homeowners part of the process.”

There are exceptions. Existing patios wouldn’t be affected. Also exempted would be businesses in the Downtown District, roughly defined as the area bordered by Interstates 71, 70, 670 and railroad tracks west of the Arena District. They would be exempt from the special permit requirement because they are subject to a similar process before the Downtown Commission. Apartments or condominiums above commercially zoned spaces also would be considered commercial spaces, so patios near them would not need the permit.

Restaurants and bars opening in or expanding in the city’s older urban areas, such as Clintonville, German Village, the Short North and the Ohio State University campus, likely would be the most affected. Ron Hupman, University Area Commission development chairman, said the process is needed and welcomed.

“We’ve been pushing for this for some time,” he said. “There seems to have been a proliferation of patios since the smoking ban.”

Presutti said he didn’t know if more businesses were adding patios since the city indoor smoking ban started in 2005, but he acknowledged the city has heard more about it. A statewide smoking ban took effect in 2007. Still, smoking on the patio is rarely heard as a complaint, he said. Rather, noise is the issue.

Watching costs The concern for businesses will be fees, said John Raphael, owner of Patrick J’s Bar & Grille in Clintonville and a trustee with the Clintonville Area Chamber of Commerce. Being a good neighbor isn’t an issue for most businesses.

“You don’t want to anger the community you’re going into,” Raphael said. “Those are the folks who are going to eat your food and drink your beer.”

Mark Swanson, president of the Central Ohio Restaurant Association and operator of the Cup O’Joe coffee house chain, said the association wants a common sense ordinance that won’t be expensive for business owners.

Hupman said the conditions the University Area Commission attached to existing patios include a ban on sound amplification and an 11 p.m. patio closing time.

Ginther said addressing noise concerns won’t cease with the patio issue. The city also is looking at its noise ordinance.

“There’s a lot of gray areas that are left up to law enforcement and the attorney office’s discretion,” he said. “We want to strengthen and clarify that. ... Give more tools to the police and neighbors.”

The exploration is prompted by community concerns, with residents seeking increased fines and clearer thresholds to better deal with noise ordinance violators.

Ginther said the city plans to meet with community groups, law enforcement and businesses before taking action.

Patio enclosure

■What: Columbus City Council is considering an ordinance to add outdoor patios within 125 feet of residential-zoned property to the city’s list of special permit uses.

■Why: Officials say city’s zoning code doesn’t adequately address patios.

■Who: Businesses within the residential buffer hoping to build or expand their outdoor patios would apply for a special use permit from the city, which would be decided by the Board of Zoning Adjustments.

■Excluded cases: Existing patios, businesses in the Downtown District, restaurants or bars using the public right of way. Also, apartments above commercially zoned property aren’t considered residential.

■When: Vote is expected early next year.

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