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For the purpose of this Zoning Code, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
(1) "Accessory Structure." A structure that is:
A. Located on the same lot as the principal structure.
B. Serving a purpose customarily incidental and subordinate to the use of the principal structure.
C. Subordinate in size and bulk to the principal structure.
(2) "Accessory Use." Any purpose for which a building, structure, or a tract of land maybe designed, arranged, intended, maintained, or occupied which:
A. Is customarily incidental and subordinate in area, extent, or purpose to the principal building, structure, or use that it serves; and
B. Is located on the same zoning lot as the principal building, structure, or use, with the single exception of such accessory off-street parking facilities as are permitted to locate elsewhere.
(2a) “Administrative Appeal.” An appeal of the decision of the Zoning Administrator’s order, requirement, decision or determination in the enforcement of the provisions of the Zoning Code.
(3) "Adult Entertainment Facility." A facility having a significant portion of its function as adult entertainment, as permitted and regulated under Chapter 880 of these Codified Ordinances.
(4) "Agriculture." The use of a tract of land for the planting, harvesting, and marketing of crops and produce; the breeding, feeding, and marketing of livestock; horticulture; floriculture; structures necessary for performing these operations; and the residence of the owner or operator. Such agricultural use shall not include the following uses:
A. The maintenance and operation of commercial greenhouses or hydroponic farms, except in zoning districts in which these uses are expressly permitted.
B. Wholesale or retail sales as accessory use, unless the same are specifically permitted by this Zoning Code.
C. The feeding or sheltering of animals or poultry in penned enclosures within 100 feet of any residential zoning district. "Agriculture" does not include the feeding of garbage to animals, or the operation or maintenance of a commercial stockyard or feed yard.
(5) "Alley." A dedicated public right-of-way, other than a street, that affords a secondary means of access to abutting property and is not intended for general traffic circulation.
(6) "Alteration." Any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders, or interior partitions, as well as any change in doors, windows, means of ingress or egress, or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another.
(7) Aquifer." A glacial formation, group of glacial formations, or part of a glacial formation that contains enough saturated permeable material to yield significant quantities of water.
(8) "Automobile Repair Garage." A building, lot, or both, where the business of general motor vehicle repair and service is conducted, including engine rebuilding, rebuilding or reconditioning of motor vehicles, body repair, and painting and undercoating of automobiles, but excluding a junk yard as defined elsewhere in this Zoning Code.
(9) "Automobile Sales or Rental." The use of any building, land area, or both for the display and sale and/or rental of new or used automobiles, which may include light trucks or vans, trailers or recreation vehicles, and where any vehicle preparation or repair work is conducted solely as an accessory use.
(10) "Automobile Service Station." A building, lot, or both, where fuels, oils, and accessories for the use of motor vehicles are dispensed, sold or offered for retail sale, and where mechanical repair service may be incidental to the dispensing of such items. The storage of junk or inoperable vehicles shall not be included in this definition.
(11) "Automobile Wrecking." The dismantling or disassembling of used motor vehicles or trailers, or the storage, sale, or dumping of dismantled, partially dismantled, non- operating, or wrecked vehicles or their parts.
(12) "Basement." That portion of a building located partly underground but having more than one-half of its clear floor-to-ceiling height below the average grade of the adjoining ground.
(13) “Bed and Breakfast.” A private single family residential dwelling that is owner occupied, provides overnight accommodations for compensation to transient guests, includes a morning meal to no more than sixteen overnight transient guests and provides no more than six overnight transient guest bedrooms.
(14) "Block." A tract of land bounded by streets, a combination of streets, railroad right-of- way, river or stream, or any other barrier to the continuity of development.
(15) "Board of Zoning Appeals." The Board of Zoning Appeals of Trenton, Ohio.
(16) "Breezeway." A roofed structure, which is open to the outdoors on opposing sides, or is enclosed but unheated, which constitutes the principal structural connection between two parts of a building.
(17) "Buffer Area." That portion of a lot set aside for open space, landscaping, fences, walls, berms, or any combination thereof, to separate or screen different use districts and/or uses on one property from uses on another property in order to visually shield or block noise, lights, and/or other nuisances.
(18) "Building." Any covered structure supported by poles, columns, or walls designed and built for the shelter or enclosure of persons, animals, chattels, or property of any kind, or any industrial process.
(19) "Building Height." The vertical distance from the average grade to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip, and gambrel roofs, or to the mean height between high and low points for a shed roof.
(20) "Cemetery." Land used or intended to be used for the burial of animal or human dead and dedicated for cemetery purposes, including crematories, mausoleums, and mortuaries if operated in connection with and within the boundaries of such cemetery.
(21) "Charter" or "City Charter." The City Charter of Trenton, Ohio, enacted under authority of Ohio Constitution Article XVIII, Section 7.
(21a) "Check-Cashing Establishment." A business engaged in cashing checks for the general public as an element of its operation, which exceeds 50% of its gross revenues, and which is not licensed by the appropriate state or federal agency as a bank, savings and loan association, or credit union.
(22) "Child Care Nursery" or "Child Care Center." Any premises where child day care is provided for 5 or more children, other than those of the owner or administrator, with or without compensation.
(23) "City" or "The City." The City of Trenton, Ohio.
(24) "Clinic." A place used for the outpatient care, diagnosis, and treatment of sick, ailing, infirm, or injured persons, and those who are in need of medical and surgical attention, but who are not provided with board or room or kept overnight on the premises.
(25) "Codified Ordinances." The Codified Ordinances of Trenton, Ohio, as amended.
(26) "Commercial Recreational Facilities, Indoor." Any commercial activity conducted entirely indoors which is related to the recreation field, such as bowling alleys, skating rinks, indoor tennis courts, swimming pools, indoor motion picture theaters, and similar recreational activities. This definition shall exclude adult entertainment facilities as defined elsewhere in this Zoning Code.
(27) "Commercial Recreational Facilities, Outdoor." Any commercial activity conducted primarily outside of a building that is related to the recreation field, such as drive-in theaters, community swimming pools, miniature golf, driving ranges, skiing facilities, country clubs, and similar activities.
(28) "Commercial Zoning District(s)" or "Commercial District(s)." One or more of the following conventional zoning districts identified in this Zoning Code: C-l, C-2, C-3, C-4, or C-D.
(29) "Common Areas." Land, together with the improvements thereon, the use and enjoyment of which are shared by the owners and occupants of the individual lots or occupancy units within a development.
(30) "Common Open Space." Common areas within a development, which are available for use by all occupants and which are not covered by enclosed buildings or used as parking, streets or driveways. "Common Open Space" may include, but is not limited to, natural areas, landscaped areas, educational and recreational facilities, flood protection facilities, walkways, bikeways, or other improvements or amenities beneficial to the health, safety and general welfare of the occupants of the development. The Planning Commission shall have authority to determine whether areas meeting this definition are sufficiently well located, designed and configured so as to contribute to any applicable minimum zoning requirements for "Common Open Space."
(31) "Community-Oriented Residential Social Service Facility." A dwelling unit in which personal care, supervision and accommodations are provided to a group of individuals, of whom 4 or more are unrelated to the provider. These individuals have some condition which requires assisted living, such as being mentally ill, mentally retarded, handicapped, aged or disabled, and are provided services to meet their needs. This category includes uses licensed, supervised, or under contract by any federal, state, county, or other political subdivision. This definition shall not include Halfway Houses, Nursing Homes, Rest Homes and Convalescent Homes.
(32) "Concept Plan" or "Conceptual Plan." A plan, drawn to a representative scale and using real property information obtained from a professionally-prepared surveyor or other reliable source, indicating the distribution of land uses, streets, and roadways within a proposed PUD for the purposes of preliminary discussion prior to the formal consideration of a PUD General Plan.
(33) "Conventional Zoning." Zoning districts, other than Planned Unit Development districts, such as Residential Districts, Office Districts, Commercial Districts, and Manufacturing Districts.
(34) "Corner Lot." See "Lot" as defined in this section.
(35) "Council" or "City Council." The City Council of Trenton, Ohio.
(36) "Court." An open space which may or may not have direct street access and which is bounded on two or more sides by a single building or a group of related buildings. A "Court" is not a yard.
(37) "De Minimis Quantity." A specified amount of regulated substances, expressed in gallons and/or pounds, which is excluded from the provisions of the WO Wellhead Operation District and W-P Well Field Protection Overlay District regulations in this Zoning Code. Any use of regulated substances in excess of the "De Minimis Quantities" and not explicitly subject to exclusion is considered nonconforming.
(38) "Density." A unit of measurement designating the number of dwelling units, mobile homes, and/or house trailers per acre of land as follows:
A. "Gross Density." The number of dwelling units, mobile homes, and/or house trailers per acre of the total land to be developed.
B. "Net Density." The number of dwelling units, mobile homes, and/or house trailers per acre of land when the acreage involved includes only the land devoted to residential uses and excludes such areas as street rights-of-way, parks, and other similar uses.
(39) "Developer" or "Subdivider." The legal or equitable owner or owners, collectively, of all the land proposed to be included in a subdivision, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land. By written notice, the developer may appoint one or more agents to work with the City.
(40) "Development Standards." Standards controlling the size of structures and the relationships of structures and uses to each other and to open areas and lot lines. "Development Standards" include regulations controlling maximum height, minimum lot area, minimum lot frontage, minimum size of yards and setbacks, maximum lot coverage, and maximum floor area ratio.
(41) "Direct Recharge Area." That portion of a drainage basin in which water infiltrating vertically from the surface will intercept the water table.
(42) "District." A portion of the incorporated territory of the City within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this Zoning Code.
(43) "Drive-In" or "Drive-Through." A business or other establishment so developed that its retail or service character is dependent on providing a driveway approach and/or waiting spaces for motor vehicles so as to serve patrons while in the motor vehicle.
(44) "Driveway or Private Street." A vehicular roadway which is not publicly owned in fee and is not within a publicly-owned highway easement, excluding public access easements, providing access to a public street or circulation within private property.
(45) "Dwelling." Any building or portion thereof occupied or intended to be occupied exclusively for residential purposes, but not including a tent, cabin, trailer or other temporary or transient structure or facility. This definition specifically excludes "Mobile Home," "Modular Home" and "House Trailer" as defined in this Zoning Code.
A. "Dwelling Unit." That space within a building comprising living, dining and sleeping rooms and storage closets, as well as legally required space and equipment for cooking, bathing and toilet facilities, all used by only one family and its household employees.
B. "Multi-Family Dwelling." A detached building designed or converted for, and occupied exclusively as, separate dwelling units for more than two families living independently of each other, without sharing of living, cooking, bathing or toilet facilities.
C. "Single-Family Dwelling." A detached building designed or converted for, and occupied exclusively as, a dwelling unit for one family.
D. "Two-Family Dwelling." A detached building designed or converted for, and occupied exclusively as, separate dwelling units for two families living independently of each other, without sharing of living, cooking, bathing or toilet facilities.
(46) "Dwelling Group." A group of 2 or more detached dwellings located on a parcel of land in 1 ownership and having any yard or court in common.
(47) "Easement." A grant of 1 or more of the property rights by a property owner to and/or for use by the public, a corporation, or another person or entity.
(48) "Eating Place, Carry-out." An establishment offering food and beverages, which may include liquor, beer, and wine, if licensed by the State of Ohio, where the food and beverages are dispensed at the counter for consumption off the premises.
(49) "Eating Place, Drive-In." An establishment offering food and beverages, which may include liquor, beer, and wine, if licensed by the State of Ohio, where the food and beverages are dispensed directly to persons while in motor vehicles, and where the food and beverages may also be dispensed at the counter for consumption either on or off the premises.
(50) "Eating Place No. 1." An establishment where food and beverages are prepared, served, and consumed, which may include liquor, beer, and wine, if licensed by the State of Ohio, for consumption only inside the building.
(51) "Eating Place No. 2." An establishment having the attributes of an Eating Place No. 1, and which also provides live entertainment.
(52) "Essential Services." The location, erection, construction, reconstruction, charge, alteration, maintenance, removal, use, or enlargement by public utilities or the City or other governmental agencies of underground or overhead gas, electrical, steam, or water generation, transmission or distribution systems; including buildings, structures, towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment or accessories and the use of land in connection therewith, for the furnishing of adequate service by such public utilities or the City or other governmental agencies or for the public health, safety, and morals.
(53) "Establishment." An economic unit, generally at single physical location, where business is conducted or services or industrial operations are performed.
(54) “Existing Grade or Elevation.” The vertical location above some elevation point of the ground surface prior to excavation or filling.
(54A) "Facing." Parallel to or within 45 degrees of parallel to a lot line.
(55) “Family.” An individual or 2 or more persons living together as a household unit who are related to each other by blood, marriage, or adoption, or 2 or more individuals who need not be related living together as a single housekeeping unit, provided that a ratio of 2 persons or less per bedroom within the dwelling unit, mobile home, or house trailer is maintained for unrelated arrangements. A group occupying a nursing home, rest home, convalescent home, halfway house, rooming house, hotel, motel, or fraternity or sorority house is not considered a “Family” within this Zoning Code.
(56) “Fence.” An artificially constructed free-standing structure, other than part of a building, which encloses or partially encloses any premises. Acceptable construction types shall include metal chain link; poultry, chicken, rabbit, or field wire only when sufficiently supported by wood split rail fence; iron; vinyl; naturally durable wood or treated wood. Any and all acceptable construction types shall meet current industry standards as recognized by the City. Live vegetation shall not be included in this definition.
(57) "Final Development Plan." Any PUD application that fulfills the requirements of Step 2 in the Planned Unit Development approval process of this Zoning Code.
(58) "Floor Area, Conditioned." The gross floor area of a dwelling, mobile home, or house trailer, excluding basements, whether finished or unfinished, breezeways, carports, garages, storage areas with only outside access, porches, unfinished attics or other unheated and/or unfinished areas attached to the dwelling, mobile home, or house trailer.
(59) "Floor Area, Gross." The sum of the gross horizontal area of all the floors of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings. "Floor Area" shall include the area of basements when used for residential, commercial, or industrial purposes, but shall not include a basement or portion of a basement used for storage or the housing of mechanical or central heating equipment. In calculating "Floor Area", the following shall not be included:
A. Attic space providing structural headroom of less than 7 feet, 6 inches.
B. Uncovered steps.
C. Terraces, breezeways and open porches.
D. Automobile parking space in a basement or private garage.
E. Accessory off-street loading berths, but not to exceed twice the space required by the provisions of this Zoning Code.
(60) "Floor Area, Nonresidential." The gross floor area of all the floors of a building other than a dwelling, mobile home, or house trailer, excluding stairs, washrooms, elevator shafts, maintenance shafts, and similar areas.
(61) "Floor Area, Residential." The gross floor area of a dwelling, mobile home, or house trailer, excluding breezeways, carports, garages, storage areas with only outside access, porches, unfinished attics or other unheated and/or unfinished areas attached to the dwelling, mobile home, or house trailer.
(62) "Floor Area Ratio." The "Floor Area Ratio" of the building or other structure on any lot is determined by dividing the gross floor area of the building or structure by the area of the lot on which the building or structure is located. When more than one building or structure is located on a lot, then the "Floor Area Ratio" is determined by dividing the total floor area of all buildings or structures by the area of the lot. The "Floor Area Ratio" requirements, as set forth under each zoning district, shall determine the maximum floor area allowable for buildings or other structures, in direct ratio to the gross area of the lot.
(63) "Foster Care Home." An owner-occupied residence providing care and supervision for not more than 3 adults, children or adolescents who are mentally ill, mentally retarded, developmentally disabled, physically handicapped or aged who are in need of assistance and supervision provided by a foster family in a home setting and for children or adolescents who for various reasons cannot reside with their natural family.
(64) "Front Lot Line." See "Lot Line, Front" as defined in this section.
(65) "Front Yard." See "Yard, Front" as defined in this section.
(66) "Frontage." See "Lot Frontage" as defined in this section.
(67) "Garage, Private." A detached accessory building or a portion of a main building, intended for the parking or storage of automobiles, recreational vehicles, or boats of the occupants and/or employees of the premises.
(68) "Garage, Public." A principal or accessory building other than a private garage, intended for the parking or storage of automobiles, recreational vehicles, boats, or other vehicles, and available to the general public.
(69) "Garbage." All putrescible wastes including vegetable, animal offal, and carcasses of small dead animals; but does not include human excreta, sewage, and other water-carried wastes.
(70) "Garden Center." The selling and indoor growing of plants, flowers, vegetables, shrubs, and trees, including the selling and warehousing of garden equipment and supplies and the storage of bulk gardening items, bagged and/or on pallets.
(71) "General Development Plan." Any PUD application that fulfills the requirements of Step 1 in the Planned Unit Development approval process of this Zoning Code.
(72) "Glare." Excessively bright illumination sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.
(73) "Grade, Average." The average level of the finished surface of the ground adjacent to the exterior walls of the building or structure.
(74) "Greenbelt." A strip of land parallel to and extending inwardly from the lot lines or right- of-way lines. The "Greenbelt" shall be maintained at all times in grass, trees, shrubs, or plantings and no structures, parking areas, or signs shall be permitted.
(75) "Greenhouse." A solar or artificially heated structure made largely of transparent or translucent material in which out-of-season plants, flowers, or vegetables are grown.
(76) "Gross Leasable Area." Total floor area designed for tenant occupancy and use, including basements, expressed in square feet, measured from the centerline of joint partitions and from the outside wall faces; but shall exclude parking areas in structures reserved for tenant occupancy and use.
(77) "Halfway House." A facility owned and/or operated by an agency or an individual authorized to provide housing, food, treatment or supportive services for individuals on supervised release from the criminal justice system and who have been assigned by a court to a residential home in lieu of placement in a correctional institution; or for individuals who have been institutionalized and released from the criminal justice system or who have had alcohol or drug problems which make operation in society difficult and who require the protection of a supervised group setting.
(78) "Health Studio." An establishment operating on a non-membership basis that provides facilities for aerobic exercises, running and jogging, exercise equipment, game courts, and swimming facilities. This definition shall exclude adult entertainment facilities as defined elsewhere in this Zoning Code.
(79) "Home Occupation." Any activity carried out for gain by a resident of the premises in a residential zoning district that is clearly subordinate and incidental to its use as a principal place of residence.
(80) "Homeowners Association." A legal entity established and organized to act on behalf of property owners in a defined development, including the maintenance of common open space or facilities, with legal authority to enforce the financial obligations of owners.
(81) "House Trailer." Any non-self-propelled vehicle designed for human habitation, whether resting on wheels, jacks, blocks, or other foundation or support.
(82) "Independent Housing Alternatives for the Elderly." Housing arrangements for elderly persons capable of independent living who do not require protective supervision and are not mentally retarded, mentally ill or disabled, or require rehabilitation.
A. "Congregate Housing." A housing arrangement for more than 3 elderly persons who are independent adults where at least meal services are provided. Other services provided to the residents from within the home may include transportation and housekeeping. Personal assistance or care is not provided. This definition includes homes licensed by the Ohio Department of Human Services under the category of Family Group Homes.
B. "Shared Housing." A housing arrangement for more than 3 independent elderly persons who pool their resources to maintain a single housekeeping unit.
(83) "Industrial Zoning District(s)." One or both of the following conventional zoning districts identified in this Zoning Code: I-P, I-G.
(84) "Junk." Any scrap, waste, reclaimable material, or debris, whether or not stored, for sale or in the process of being dismantled, destroyed, processed, salvaged, stored, baled, disposed, or other use or disposition. "Junk" includes, but is not limited to copper, brass, rope, rags, batteries, paper, rubber, junk iron, steel, tires, vehicle parts, equipment, metal, glass, building materials, household appliances, machinery, brush and lumber.
(85) "Junk Vehicle." A vehicle shall be deemed a "Junk Vehicle" whenever any 2 or more of the following occur for a period of 2 weeks prior to the filing of a cease and desist order:
A. The vehicle is inoperable, unsafe or illegal to operate on the public streets;
B. The vehicle is without fully inflated tires and/or has any type of support under it; and/or
C. The vehicle has a damaged or missing part that renders it inoperable or hazardous to pedestrians.
(86) "Junk Yard." Any area, lot, land, parcel, building, or structure, or part thereof, used for the storage, collection, processing, purchase, sale, salvage, or disposal of junk. Such operations conducted entirely within completely enclosed buildings shall not be considered a "Junk Yard." Two or more junk vehicles on a lot shall be considered a "Junk Yard."
(87) "Kennel." A commercial establishment in which 4 or more dogs or other domesticated animals are housed, groomed, bred, boarded, trained, or sold, all for a fee or compensation.
(88) "Land Use Plan." The long-range plan for the desirable use of land within and around the incorporated territory of the City as officially adopted and as amended from time to time by the Planning Commission.
(89) "Landscaping." The improvement of open areas by the planting and maintenance of trees, bushes, flower gardens, grass, and other vegetation along with wood chips, brick pavers, and other customary materials.
(90) "Live Entertainment." Any entertainment, provided in eating places, other than music mechanically produced by jukeboxes or other devices for the dissemination of recorded music.
(91) "Loading Space, Off-Street." A space or berth located on the same lot with a building or contiguous to a group of buildings, and totally outside of any street or alley right-of-way, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.
(92) "Lot." A piece or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings and its accessory buildings and uses, including all open spaces required by this Zoning Code, and having frontage on a public street.
A. "Corner Lot." A lot abutting on 2 or more streets at their intersection or on 2 parts of the same street, and in either case forming an interior angle of 135 degrees or less when measured along the centerline of the road(s), or the interior right-of-way line as applicable.
B. "Double Frontage or Through Lot." A lot having a frontage on 2 nonintersecting streets, or 2 approximately perpendicular portions of the same street, as distinguished from a corner lot.
C. "Flag Lot." A lot not meeting minimum lot width requirements at the minimum front yard setback line, and having a narrow connection to the public right-of-way.
D. "Interior Lot." A lot other than a corner lot, with only 1 frontage on a public street.
E. "Landlocked Lot." A lot without frontage on a public street.
F. "Through Lot." A lot with frontage on two non-intersecting streets.
(93) "Lot Area." The computed area contained within the lot lines.
(94) "Lot Coverage." That percentage of a lot which, when viewed directly from above, would be covered by a structure or structures, or any part thereof, excluding roof eaves projecting less than 24 inches from the foundation.
(95) "Lot Depth." The average distance measured from the front lot line to the rear lot line.
(96) "Lot Frontage." The distance between the side lot lines, measured along the front lot line(s).
(97) "Lot Lines."
A. "Front." A street right-of-way line or centerline forming the boundary of a lot. On a corner lot, both street rights-of-way or centerlines shall be front lot lines.
B. "Rear." The lot line that is most distant from, and is or is most nearly parallel to the front lot line. If a rear lot line is less than 15 feet long, or if the lot comes to a point at the rear, the rear lot line shall be a line at least 15 feet long, lying wholly within the lot, parallel to the front lot line. In the case of a corner lot, the rear lot line shall be the lot line opposite the shortest front lot line.
C. "Side." A lot line that is neither a front lot line nor a rear lot line.
(98) "Lot of Record." A building lot that is part of a subdivision, the plat of which has been recorded in the office of the County Recorder.
(99) "Lot Width." The distance between the side lot lines measured along the required front yard setback.
(100) "Major Change." Any proposed modification of an approved general plan, final development plan or record plan for a Planned Unit Development that either:
A. Materially alters the character or impact of the development in terms of land use, street layout, traffic generation, curb cuts, parking requirements, nature of occupancy (e.g., changing single occupancy to multiple occupancy) or nuisances such as air pollution, noise, surface water drainage or potential for ground water pollution. As to PUD developments for which a final development plan was not required prior to the commencement of construction due to the parcel-by-parcel review of final development plans or for any other reason, a "Major Change" is any proposed modification of a subdivision which materially alters the character or impact of the project in terms of land use, street layout, traffic generation, curb cuts, parking requirements, nature of parcel occupancy (e.g., changing single occupancy to multiple occupancy) or nuisances such as air pollution or noise, compared to the most detailed plan for the subdivision approved by the City; or
B. Exceeds the limits defining a minor change.
(101) "Manufacturing." The assembling, altering, converting, fabricating, finishing, processing, or treatment of a product.
(102) "Manufacturing Zoning District(s)." One or more of the following conventional industrial zoning districts identified in this Zoning Code: I-P, I-G.
(103) "Minor Change." Any proposed modification of a Planned Unit Development that does not do any of the following:
A. Materially alter the character or impact of the development in terms of land use, street layout, traffic generation, curb cuts, parking requirements, nature of occupancy (e.g., changing single occupancy to multiple occupancy) or nuisances such as air pollution, noise, surface water drainage or potential for groundwater pollution;
B. Increase the building footprint of any structure more than 10%;
C. Increase overall development density more than 10%;
D. Reduce open space or common open space more than 5%;
E. Reduce off-street parking or loading space more than 10%;
F. Alter the location of any structure more than 10 feet;
G. Otherwise constitute a major change.
(104) "Mobile Home" or "Modular Home." A manufactured residential structure designed to be transported over the road, constructed so as to be movable from place to place, ordinarily providing complete, independent living facilities for 1 family, including provisions for living, sleeping, eating, cooking, and sanitation. Mobile and modular homes are not included within the definition of "Dwelling." Neither the removal of running gear nor placement of the unit on a foundation shall qualify a mobile or modular home as a dwelling.
(105) "Mobile Home Park." Any lot upon which 2 or more mobile homes and/or house trailers are located for residential use, either free of charge or for revenue purposes. A "Mobile Home Park" includes any roadway, building, structure, vehicle or enclosure used or intended for use as a part of the facilities of such park.
(106) "Modular Home." A factory-fabricated transportable building consisting of 2 or more units designed to be assembled into a permanent structure at a building site on a permanent foundation and used for residential purposes by 1 family, and is built to meet the standards and specifications of the Industrial Unit Standards of the Ohio Building Code.
(107) "Motel." A building, or group of buildings, comprising individual sleeping accommodations for transient guests for compensation, in contradistinction to a bed and breakfast operation or rooming house.
(108) "Neighborhood." An area of a community with characteristics that distinguish it from other areas and that may include distinct ethnic or economic characteristics, housing types, schools, or boundaries defined by physical barriers, such as major highways and railroads or natural features such as rivers.
(109) "Non-routine Maintenance." Activities necessary not more frequently than every 24 months to keep structures and equipment in good repair.
(110) "Nonconforming Building or Structure." A building or structure lawfully existing at the time of enactment of this Zoning Code or subsequent amendments, which does not conform to the regulations of the district in which it is situated or other applicable provisions of this Zoning Code.
(111) "Nonconforming Lot." A lot existing at the time of enactment of this Zoning Code or any subsequent amendments which does not conform to the lot area and frontage requirements of the district in which it is located.
(112) "Nonconforming Use." A use of land lawfully existing at the time of enactment of this Zoning Code or subsequent amendments, which does not conform to the regulations of the district in which it is situated or other applicable provisions of this Zoning Code.
(113) "Nursery, Plant Material." Land, buildings, structures, or a combination thereof for the growing and storage of live trees, shrubs, or plants offered for retail sale on the premises, including accessory sales of products used for gardening or landscaping.
(114) "Nursing Home", "Rest Home" or "Convalescent Home." A place, residence, or home used for the boarding and care, for a consideration, of not less than 3 persons, not members of the immediate family operating the facilities, who by reason of age or infirmity are dependent on the services of others.
(115) "Off-site." Located outside the lot lines of the lot in question or within a contiguous portion of a street or other right-of-way.
(116) "Office Zoning District(s)." One of both of the following conventional office zoning districts identified in this Zoning Code: P-S, O.
(117) "One-Year Capture Area." The area around protected public water supply well fields delineated by the 1-year travel time contour.
(118) "Open Space." A parcel or area of land or water, or combination of both land and water, within a site which is designed and developed, or preserved in its natural state, for the use and enjoyment of the owners, occupants, and their guests. "Open Space" includes, but is not limited to natural areas, landscaped areas, educational and recreational facilities, flood protection facilities, walkways, bikeways, or other improvements or amenities beneficial to the health, safety and general welfare of the occupant(s). Unless otherwise approved by the Planning Commission and Council, land covered by enclosed structures or paving accessible to motorized vehicles shall not be considered "Open Space."
(118a) “Outdoor Dining.” An area not enclosed in a building and intended as an accessory use to an existing or newly authorized principle permitted use for serving food or drink to customers on the premises used solely by the primary permitted use holder.
(119) "Outdoor Storage." Storing or keeping of chattels not enclosed in a building.
(120) "Overlay District." A district described on the zoning map within which, through superimposition of a special designation, certain regulations and requirements apply, in addition to those of the underlying zoning districts to which such designation is added.
(121) "Overnight." Between the hours of 9:00 p.m. and 7:00 a.m.
(122) "Overnight Parking." Any parking of a vehicle from 9:00 p.m. until 7:00 a.m.
(123) "Parcel." A contiguous lot or tract of land owned and recorded as the property of the same persons or controlled by a single entity.
(124) "Parking Space, Off-street." A space located totally outside of any street or alley right-of- way for the parking of an automobile or other vehicle.
(125) "Permitted Use." Any use specifically allowed in a zoning district and subject to the restrictions applicable to that zoning district.
(126) "Planned Development." An area of minimum contiguous size, as specified by ordinance, to be planned, developed, operated, and maintained according to plan as a single entity and containing 1 or more structures with appurtenant common areas.
(127) "Planning Commission." The Planning Commission of Trenton, Ohio.
(128) "Potable Water." Water that is satisfactory for drinking, culinary and domestic purposes, meeting current drinking water standards.
(129) “Practical Difficulty.”
A. A limitation on the development of a parcel caused by one or more of the following:
1. The shape of the parcel;
2. The topography of the parcel;
3. A legal permanent obstruction that would be unreasonable to remove or relocate;
4. Code requirements that would unreasonably limit access to or the functionality of a legal or legal non-conforming building or structure.
B. Other provisions:
1. Existing buildings or structures that would not require a building authorization and/or zoning certificate at the time of the application shall not be taken into consideration under this definition.
2. The size of a parcel shall not be considered under this definition.
(130) "Principal Building." A building in which is conducted the main or principal use of the lot on which said building is located; ordinarily the largest building on the lot.
(131) "Principal Use." The main use to which the premises are devoted and the main purpose for which the premises exists; ordinarily the use conducted on the first story of the principal building above the basement.
(132) "Privacy Fence." A fence structure, or any part thereof, consisting of material constructed to inhibit light, ventilation and sight through said fence, and constructed of naturally durable wood, treated wood, or vinyl-type materials. Chain link fences with webbing designed to inhibit light, ventilation, or sight through the fence shall not be allowed as a "Privacy Fence." Hedges, ornamental shrubs, trees and bushes shall not be considered "Privacy Fences" for the purpose of this definition.
(133) "Protected Public Water Supply." A public water system that services at least 15 service connections used by year-round residents or regularly services at least 25 year-round residents, and having a 1-year capture area defined through appropriate hydrologic studies.
(134) "Public Way." An alley, avenue, boulevard, bridge, channel, ditch, easement, expressway, freeway, land, parkway, right-of-way, road, sidewalk, street, tunnel, viaduct, walk, or other ways in which the general public or a public entity have a right, or which is dedicated, whether improved or not.
(135) "Recharge Lagoon." A body of water designed and maintained by man to add water to the ground water at a rate greater than that occurring naturally.
(136) "Record Plan." In the case of development under conventional zoning, any drawing or set of drawings that meets the requirements of the Subdivision Regulations for record plans. In the case of development under PUD zoning, any drawing or set of drawings which meets the requirements of the Subdivision Regulations and of Step 3 in the Planned Unit Development approval process of this Zoning Code.
(136A) “Recreation Equipment, Major.” Any large item of recreational equipment, whether used on or off the premises, including but not limited to motorcycles, golf carts, all-terrain vehicles, and trampolines.
(137) "Recreation Space, Countable." All area, open or enclosed, available for the general use of the residents of a planned residential development for active or passive recreation. "Recreation Space" shall be provided in locations easily accessible to the living units, but where they will not impair the view and privacy of living units.
(138) "Recreational Vehicle."
A. For the purpose of this Zoning Code, shall include the following:
1. "Boat and Boat Trailer." Shall include boats, floats, and rafts plus the normal equipment to transport them on public streets.
2. "Folding or Pop-up Trailer." A folding structure, mounted on wheels and designed for travel and vacation uses.
3. "Motorized Home." A portable housing unit designed and constructed as an integral part of a self-propelled vehicle.
4. "Pickup Camper." A structure designed primarily to be mounted on a pickup or truck chassis and with sufficient equipment to render it suitable for use for travel, recreational, or vacation uses.
5. "Travel Trailer." A vehicular, portable structure built on a chassis, designed to be used as temporary living quarters for travel, recreational, and vacation uses, permanently identified as a travel trailer by the manufacturer.
B. Recreational vehicles which provide sleeping and/or living quarters are primarily designed as temporary living accommodations away from the principal place of residence and do not constitute a dwelling, mobile home, house trailer, or similar such principal place of residence for the occupants. Recreational vehicles shall not be used for living accommodations at the principal residence.
(139) "Refuse." Combustible and noncombustible waste materials, except garbage, rubber, leather, tree branches, tin cans, metals, mineral matter and dust.
(140) "Regulated Substances." Chemicals and mixtures of chemicals that are health hazards. Materials packaged for personal or household use as food or drink for man or other animals are not "Regulated Substances." "Regulated Substances" include:
A. Chemicals for which there is scientific evidence that acute or chronic health effects may result from exposure, including carcinogens, toxic and highly toxic agents, reproductive toxins, irritants, corrosives, sensitizers, hepatotoxins, nephrotoxins, neurotoxins, agents which act on the hematopoietic system, and agents which damage the lungs, skin, eyes, or mucous membranes.
B. Mixtures of chemicals that have been tested as a whole and have been determined to be a health hazard.
C. Mixtures of chemicals which have not been tested as a whole but which contain any chemical which has been determined to be a health hazard and which comprises 1% or greater of the composition on a weight per unit weight basis, and mixtures of chemicals which include a carcinogen if the concentration of the carcinogen in the mixture is 0.1% or greater of the composition on a weight per unit weight basis.
D. Ingredients of mixtures prepared within the W-P Well Field Protection Overlay District in cases where such ingredients are health hazards but comprise less than 0.1% of the mixture on a weight per unit weight basis if carcinogenic, or less than 1% of the mixture on a weight per unit weight basis if non-carcinogenic.
E. Petroleum and non-solid petroleum derivatives (except non-PCB dielectric fluids).
(141) "Research Laboratory." Research, development and testing related to such fields as chemical, pharmaceutical, medical, electrical, transportation, and engineering. All research, testing, and development shall be carried on within entirely enclosed buildings, and no noise, smoke, glare, vibration, or odor shall be detectable outside such building.
(142) "Residential Zoning District(s)." One or more of the following conventional residential zoning districts identified in this Zoning Code: R-E, R-1, R-2, R-3 and R-4.
(143) "Retail." Sale to the general public for direct consumption and/or use and not for resale.
(144) "Riding Academy." Facilities designed or used for the renting of horses and/or the instruction of horse riding, including any barns, exercise areas, and field areas to be used in the operation.
(145) "Right-of-Way." A strip of land purchased or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting, and drainage facilities, and may include special features required by the topography or treatment, such as grade separation, landscaped areas, viaducts, and bridges.
(146) "Roadside Stand." A temporary structure designed or used for the display or sale of agricultural products produced on the premises on which the stand is located.
(147) "Rooming House." A building or part thereof, other than a hotel, motel, or restaurant where meals and/or lodging are provided for compensation, for 3 or more unrelated persons where no cooking or dining facilities are provided in individual rooms.
(148) "Screening." Structures, fences, or vegetation maintained for the purpose of concealing the area behind such structures or vegetation from view.
(149) "Seasonal Temporary Sales." A business activity not intended to be of permanent duration and which sells only seasonal, non-manufactured items from an enclosure not permanently affixed to a zoning lot or from a sidewalk or other outdoor location.
(150) "Seat." For purposes of determining the number of off-street parking spaces for certain uses, the number of seats is the number of seating units installed or indicated, or each 24 lineal inches of benches, pews, or space for loose chairs.
(151) "Section or Division." Where followed by a numerical designation, these terms refer to a part of this Zoning Code unless otherwise stated.
(152) "Service Clubs." An association organized and operated not for profit for persons who are bona fide members paying annual dues, which owns, hires, or leases premises, the use of which premises is restricted to members and their guests, and services rendered which are not customarily carried on as a business. The affairs and management of the association are conducted by a board of directors, executive committee, or similar body chosen by the members at their annual meeting.
(153) "Setback." The distance between a building or structure and a lot line. Exception: front yard setback is measured from the future right-of way line for the street as established on the Thoroughfare Plan of the City where that future line is outside the existing right-of- way.
(154) "Sign." Any communication device regulated by Chapter 826 of these Codified Ordinances.
(155) "Stable." A structure for the keeping of horses and ponies.
(156) "Story." That portion of a building included between the surface of any floor and the surface of the floor next above it, or, if there be no floor above it, then the space between the floor and the ceiling next above it.
(157) "Street." A public right-of-way that provides a public means of access to abutting property that has been accepted by the City. The term "Street" shall include avenue, drive, circle, road, parkway, boulevard, highway, thoroughfare, or any other similar term.
A. "Alley." A minor street used primarily for vehicular service access to the back or side of properties abutting on another street.
B. "Arterial Street." A general term denoting a highway primarily for through traffic, carrying heavy loads and large volumes of traffic, usually on a continuous route.
C. "Collector Street." A thoroughfare, whether within a residential, industrial, commercial, or other type of development, which primarily carries traffic from local streets to arterial streets, including the principal entrance and circulation routes within residential subdivisions.
D. "Court." A cul-de-sac constructed to travel in an east - west direction.
E. "Cul-de-sac." A local street of relatively short length with one end open to traffic and the other end permanently terminating in a vehicular turnaround.
F. "Dead-end Street." A street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.
G. "Local Street." A street primarily for providing access to residential, commercial, or other abutting property.
H. "Loop Street." A type of local street, each end of which terminates at an intersection with the same arterial or collector street and whose principal radius points of the 180 degree system of turns are not more than 1,000 feet from said arterial or collector street and are not normally more than 600 feet from each other.
I. "Marginal Access Street." A local or collector street, parallel to and adjacent to an arterial or collector street, providing access to abutting properties and protection from arterial or collector streets. Also called "Frontage Street."
J. "Place." A cul-de-sac constructed to travel in a north - south direction.
(158) "Structural Alteration." Any change in the structural members of a building, such as load- bearing walls, columns, beams, or girders.
(159) "Structure." Anything constructed, except pavement, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground.
(160) "Swimming Pool." Any body of water or receptacle for water having a depth greater than 2 feet and an area in excess of 250 square feet, used or intended to be used for swimming or recreational bathing. A swimming pool includes, but is not limited to an in-ground, above-ground, and on-ground swimming pool, hot tub, or spa located outside a completely enclosed building as an accessory use and structure in a residential district.
(161) "Temporary Use." A use for a limited duration with the intent to discontinue such use upon the expiration of the time period, and usually not involving any construction or alteration of any permanent structure.
(162) "Thoroughfare Plan." The Official Thoroughfare Plan of, and as adopted by, the Planning Commission and City Council, establishing the location and official right-of-way widths of principal highways and streets in the City, together with all amendments thereto subsequently adopted.
(163) “Trailer.” An un-powered vehicle towed by another source of power.
(164) "Travel Time Contour." A locus of points from which water takes an equal amount of time to reach a given destination such as a well or well field.
(165) "Truck Terminal." Premises which are used for loading or unloading of trucks on which storage of cargo is incidental to the primary function of motor freight shipment or shipment point, and which is designed to accommodate the simultaneous loading or unloading of two or more trucks.
(166) "Underground Storage Tank." Any tank or combination of tanks, including underground pipes connected thereto, which is used to contain an accumulation of regulated substances, and the volume of which (including the volume of underground pipes connected thereto) is 10% or more beneath the surface of the ground. Flow-through process tanks and septic tanks approved by the Health Department or State Environmental Protection Agency, as applicable, are excluded from the definition of "Underground Storage Tanks."
(167) "Use." The specific purpose or activity for which land, a structure, or a building is designed, arranged, intended, occupied, or maintained.
(168) “Variance.” A legal exception to the dimensional standards of this Zoning Code.
(169) "Vehicular Use Area." Any paved ground surface area, except dedicated public rights-of- way, used by any type of vehicle, whether moving or at rest, for the following purposes, among other purposes: driving, parking, loading, unloading, storage or display.
(170) "Veterinarian Office." A place used for the care, grooming, diagnosis, and treatment of sick, ailing, infirm, or injured animals, and those who are in need of medical or surgical attention. Such use may include overnight accommodations on the premises for treatment, observation, and/or recuperation.
(171) "Wastewater Disposal System, Central." A wastewater treatment system approved by the appropriate County, State, and/or Federal agencies, which provides a collection network and a central wastewater treatment facility for a single development, a community or a region.
(172) "Wastewater Disposal System, On-site." A septic tank or similar installation on an individual lot that utilizes an aerobic or anaerobic bacteriological process or equally satisfactory process for the treatment of sewage and provides for the proper and safe disposal of the effluent.
(173) "Water System, Central." A water supply system approved by the appropriate County, State, and/or Federal agencies which provides a water supply to a single development, a community or a region.
(174) "Water System, On-site." A well or other similar installation on an individual lot which provides a water supply to any structures or uses upon the lot, subject to the approval of health and sanitation officials having jurisdiction.
(175) "Well Field." A tract of land that contains one or a number of wells for supplying water.
(176) "Yard." An open or unoccupied space other than a court on the same lot with a principal building and unobstructed by buildings or structures from ground to sky except by trees or shrubbery or as otherwise provided herein.
(177) “Yard, Front.”
A. “Front Yard.” An open space extending the full width of the lot between the front lot line and any section of the principal building facing the front lot line. Multiple frontage lots have a "Front Yard" on each frontage.
B. “Front Yard, Required.” The shortest distance between the front lot line and the minimum front yard setback line. Multiple frontage lots have a “Required Front Yard” on each frontage.
(178) “Yard, Rear.”
A. “Rear Yard.” An open space extending the full width of the lot between the rear lot line and any section of the principal building facing the rear lot line, not to include any defined front yard.
B. “Rear Yard, Required.” The shortest distance between the rear lot line and the minimum rear yard setback line.
(179) “Yard, Side.”
A. “Side Yard.” An open space extending from the front yard to the rear yard between the principal building and the nearest side lot line.
B. “Side Yard, Required.” The shortest distance between the nearest side lot line and the minimum side yard setback line.
(180) “Zone of Influence.” A zone delineated by iso-travel time contours around well fields. The zone is calculated based on the rate of movement of ground water in the vicinity of wells with an allowance for the dispersion of a pollutant entering into and moving with the ground water.
(181) “Zoning Administrator.” The City Manager or his or her authorized designee.
(182) “Zoning Certificate.” That document signed by the Zoning Administrator or his or her authorized agent which certifies that the use to be made of a particular property is a permissible use according to the terms of the Zoning Code.
(183) “Zoning Map.” The Official Zoning District Map of the City described in Section 1248.03, or portion thereof, together with all amendments thereto subsequently adopted.
(Ord. 16-2003. Passed 5-1-03; Ord. 37-2005. Passed 12-15-05; Ord. 03-2010. Passed 2-18-2010; Ord. 21-2012. Passed 10-4-2012; Ord. 08-2013. Passed 3-21-2013; Ord. 03-2015. Passed 5-7-2015; Ord. 04-2016. Passed 4-7-2016; Ord. 05-2016. Passed 4-7-2016.)