(a) Intent. This district has been established to provide for areas allowing both small and large-scale commercial activities that serve the needs of the residents of the City and surrounding areas. One purpose of this district is to limit large-scale businesses to locations at or near strategic multidirectional access points on major thoroughfares, thereby minimizing potential traffic congestion and other negative impacts. It is the intent of this district to encourage clustering of businesses in order to minimize conflicts with less intensive land uses, limit curb cuts and provide for safe pedestrian access.
(b) Principal Permitted Uses. Only the following uses, which continuously satisfy all the requirements of divisions (c) through (h) of this section shall be permitted in the C-3 District:
(1) Antique shops.
(2) Apparel shops.
(3) Appliance sales and service.
(4) Art and school supply businesses.
(5) Art galleries, libraries, and museums.
(6) Artist, sculptor, and composer studios.
(7) Automobile and truck sales.
(8) Automobile parts businesses, retail.
(9) Automobile and/or truck rental businesses.
(10) Automobile repair garages.
(11) Automobile service stations and car and/or truck washes.
(12) Automobile upholstery shops.
(13) Bakeries, retail.
(14) Banks and financial institutions.
(15) Barber and beauty schools.
(16) Barber and beauty shops.
(17) (Reserved)
(18) Bicycle sales, rental or repair.
(19) Blueprinting, photocopying, and photo finishing service.
(20) Book stores, newsstands and card shops.
(21) Bridal consultants.
(22) Building supply stores.
(23) Business machines, sales and service.
(24) Camera and photo supply shops.
(25) Candy and confectionery shops
(26) Carpet and floor covering business.
(27) Carry out convenience store, with or without drive-through.
(28) Catering services.
(29) Child care centers.
(30) China and glassware stores.
(31) Cigarette, cigar and tobacco shops.
(32) Clothing and shoe stores.
(33) Community centers.
(34) Costume rental shops.
(35) Dairy product businesses, retail.
(36) Dance schools.
(37) Data processing centers.
(38) Delicatessens.
(39) Department stores.
(40) Drapery businesses.
(41) Driver training schools.
(42) Drug stores.
(43) Self-service dry cleaning and laundry facilities.
(44) Dry cleaning and laundry plants and pick-up stations.
(45) Dry goods stores.
(46) Eating places No. 1.
(47) Eating places No. 2.
(48) Eating places, carry-out.
(49) Eating places, drive-in.
(50) Farm supply stores.
(51) Florists.
(52) Food stores.
(53) Furniture and home furnishings stores.
(54) Furniture and upholstery repair services.
(55) Funeral homes.
(56) Garden stores, garden centers, and greenhouses, indoor only.
(57) Gift and novelty shops.
(58) Grocery stores.
(59) Hardware, paint, glass and wallpaper stores.
(60) Health studios and spas.
(61) Heating, air conditioning, electrical, and plumbing sales and service.
(62) Hobby shops.
(63) Hospitals.
(64) Hotels and motels.
(65) Indoor commercial recreation facilities; wholly enclosed places of recreation or entertainment such as billiard rooms, bowling alleys, skating rinks, and tennis courts.
(66) Interior decorating shops.
(67) Jewelry shops.
(68) Lawn and garden stores.
(69) Leather goods and luggage shops.
(70) Libraries and reading rooms.
(71) Liquor sales.
(72) Locksmiths.
(73) Magazine distribution agencies.
(74) Mail order catalogue stores.
(75) Marine sales.
(76) Medical and dental clinics.
(77) Medical research facilities.
(78) Millinery (haberdashery) shops.
(79) Mobile home and trailer sales and service.
(80) Motion picture theatre, indoor only.
(81) Music and musical instrument stores.
(82) Newspaper substations.
(83) Offices, business and professional.
(84) Office furniture and supply stores.
(85) Optical goods businesses.
(86) Party supply businesses.
(87) Pet sales and supply shops.
(88) Photo studios.
(89) Produce sales.
(90) Publicly owned and operated buildings and facilities.
(91) Radio and television broadcasting studios.
(92) Radio and television sales and service.
(93) Research and development laboratories.
(94) School and educational services.
(95) Service clubs.
(96) Shoe repair shops.
(97) Shoe shops.
(98) Sporting goods stores.
(99) Tailoring, dressmaking and seamstress services.
(100) Taxidermists.
(101) Telegraph and e-mail message centers.
(102) Tent and awning sales and services.
(103) Tire sales and services.
(104) Trading stamp redemption stores.
(105) Travel bureaus and ticket offices.
(106) Used merchandise and consignment shops.
(107) Variety stores.
(108) Veterinarian offices and kennels.
(109) Watch, clock, and jewelry sales and service.
(110) Wig shops.
(111) Window cleaning services.
(112) Other similar uses as determined by the Zoning Administrator.
(113) Timeshare condominiums.
(c) Permitted Accessory Uses. The following are permitted accessory uses:
(1) Seasonal temporary sales, subject to the special permitting requirements of Section 1258.13.
(2) Accessory uses customarily incidental to any of the foregoing permitted uses, limited to 1 accessory building occupying no more than 35% of the required rear yard area.
(3) Temporary buildings for uses incidental to construction work, which buildings shall be removed on the completion or abandonment of the construction work.
(4) Fences, walls and hedges as regulated under Section 1256.11.
(6) Other similar uses as determined by the Zoning Administrator.
(7) Outdoor dining:
A. Outdoor dining may be permitted if the following requirements are determined to be met by the City Manager and/or the Zoning Administrator:
1. An application is made for outdoor dining. The application shall include but is not limited to:
a. A sketch to scale of the premises clearly defining the area proposed for the outdoor dining area. The sketch shall depict the proposed location of each item to be placed within the area such as but not limited to chairs, tables, umbrellas, lighting of any type, bars, planters, traffic bollards, busing stations, barriers, buffering, fencing and permanent or temporary shading or sheltering devices or structures.
b. Certified architectural renderings of any structure that would require a building authorization. All plans shall conform to the regulations of but not limited to the Butler County Health Department, Department of Liquor Control, Codified Ordinances of the City of Trenton, the Ohio Fire Code and all applicable building codes.
c. A written description of the service to be offered in the outdoor dining area.
d. If the applicant is not the owner of the property, written authorization shall be included from the legal owner or designee of the property.
2. A sketch to scale of the available parking of the permitted use holder and/or the amount of all available parking if other businesses on the same parcel use the available parking.
B. Requirements and regulations:
1. Outdoor dining use and areas shall only be permitted on the land area owned, leased or rented by the primary permitted use holder. Landowners may permit the use of common areas for outdoor dining that are not in conflict with the regulations of this section or any other applicable law, code, ordinance or regulation.
2. Outdoor cooking facilities shall not be permitted in the outdoor dining area. Outdoor cooking is permitted as long as it is not in conflict with the regulations of this section or any other applicable law, code, ordinance or regulation.
3. Noise, music or sound levels generated or in conjunction with outdoor dining must conform to Section 648.10 and Chapter 1264 of this City Code.
4. Exterior lighting shall be shaded wherever necessary to avoid casting direct light on any property or on any public street.
5. Signs where the message area is facing the interior area of the outdoor dining area are permitted and will be considered indoor signs. Signs and advertisements in the outdoor dining area shall not be positioned where they are readily visible to area outside the indoor dining area or facing outside the outdoor dining area. Direction/information signs or required signs are not included in this regulation.
6. Seating capacity in the outdoor dining area shall not exceed the seating capacity of the primary permitted use indoor dining area or any applicable law regarding seating capacity.
7. The floor surface of the outdoor dining area shall be level and a hard surface that can be readily cleaned and provide a surface that is resistant to tripping or slipping for patrons and employees.
8. Umbrellas, temporary or non-permanent shading or sheltering devices or structures shall be secured to prevent dislodging from any cause. Such devices shall not exceed the height of the primary use building or extend beyond and property line.
9. The outdoor dining area shall be maintained in a safe, well maintained and sanitary condition. All trash, litter and bussed materials shall be immediately placed in approved waste receptacles with affixed lids or placed inside the primary permitted use building. The outdoor dining area and any area on or off the business premises affected by trash, litter or bussed materials from the outdoor dining area shall be cleaned and maintained by principle permitted use holder. All trash, litter or bussed material shall not be permitted to remain outside the principle permitted use building during non-operational hours.
10. No outdoor dining shall be permitted on any public or private right-of-way or easement.
C. Violations and enforcement:
1. The City Manager or the Zoning Administrator shall determine if there is a violation of this section or any other ordinance of the Codified Ordinances of the City of Trenton. The applicant or business owner or agent in charge of the business operations will be given written notification of the violation(s) and will have five working days to correct the violation(s). The written notification shall contain measures needed to be taken in order to correct the violation(s). Failure to correct a violation(s) may result in the revocation of the outdoor dining authorization as determined by the City Manager.
2. One written notification for a violation(s) is required in a calendar year. Verbal notification will be made to the business person in charge of a repeat violation that occurs within the same calendar year. The verbal notification of said violation shall contain instructions on how the violation can be brought in compliance with the City Code and the corrections shall be completed before the end of the same business day as the verbal notification or by the end of the next business day. Subsequent repeat violations will result in a citation into the Trenton Mayor's Court for said violation(s) with no notification required.
3. Appeals to a written notification of a violation must be made in writing and submitted to the City Manager prior to the expiration of the five working day correction period stated in paragraph (c)(7)C.2. hereof. After the appeal is filed with the City Manager, no enforcement action will be taken. If the appeal is rejected or amended by the City Manager, the corrective actions noted in the City Manager's written decision shall be corrected in five working days from the issuance of the City Manager's written decision. The City Manager may decide the notification was not valid and the notification shall become void.
4. During any period of revocation, the outdoor dining area shall not be used for any business or personal use and shall be made inaccessible for any use.
(d) Required Conditions. No zoning certificate shall be issued for a use within the C-3 District, until the applicant shall have certified to the Zoning Administrator that:
(1) The business activity shall be conducted wholly within a completely enclosed building, except as permitted by this section and Section 1258.14. There shall be no outdoor storage.
(2) Drive-thru businesses or drive-up windows for pick-up or delivery shall be located on and accessible only from the premises and shall provide adequate driveway space for entering and exiting waiting vehicles. Failure to meet these requirements may be grounds to revoke this permitted use.
(3) All business shall be of retail, service, or recreational character.
(4) No manufacturing, processing, packaging, repair, or treatment of goods shall be carried on, except when incidental or accessory to the performance of services or the sale of goods to the public on the premises.
(5) Exterior lighting shall be shaded wherever necessary to avoid casting direct light on any property located in a residential district or on any public street.
(6) All exterior walks shall be of a durable hard surface material such as concrete, asphalt, wood, tile, or terrazzo.
(7) All grounds shall be attractively planted and landscaped and maintained as such.
(8) Where the property lines separate the business district from a residential district, a visual mechanical barrier a minimum of 8 feet in height shall be provided along the common line, which may consist of any of the following:
A. A solidly constructed decorative privacy fence of vinyl or similar durable materials. Note that wood materials shall not be allowed.
B. A decorative masonry wall.
C. A landscaped mound that is a minimum 6 feet in height with additional ground cover and/or landscaping that is a minimum of 2 feet in height. Note that a landscaped mound that is 8 feet or taller shall negate the additional ground cover/landscaping requirement.
D. A combination of A., B. and/or C. above, or other suitable option, as approved by the Zoning Administrator.
(9) No noise from any operation conducted on the premises, either continuous or intermittent, shall violate the provisions of Chapter 1264 of this Zoning Code.
(10) No emission of toxic or noxious matter, which is injurious to human health, comfort, or enjoyment of life and property or to animal or plant life shall be permitted. Where such emission could be produced as a result of accident or equipment malfunction, adequate safeguards considered suitable or safe operation in the business involved shall be taken.
(11) The emission of smoke or other pollutants shall not violate the standards and regulations of the Butler County Combined General Health District. Dust and other types of air pollution borne by the wind shall be kept to a minimum by appropriate landscaping, paving or other acceptable means.
(12) There shall be no emission of odors or odor-causing substances that can be detected without the use of instruments at or beyond the lot lines.
(13) There shall be no vibrations that can be detected without the use of instruments at or beyond the lot lines.
(f) Height Regulations. No structure shall exceed 35 feet in height.
(g) Lot Area, Frontage and Yard Requirements. The following minimum requirements shall be observed for all uses within the C-3 District:
Lot Area | Frontage | Required Front Yard | Required Side Yards | Required Side Yard | |
Least Side Yard | Sum of Side Yards
| ||||
5 acres | 500 ft. | 150 ft. | 25 ft.* | 50 ft. | 60 ft.* |
* 100 ft. where abutting a residential district. | |||||
(h) Maximum Lot Coverage by all Buildings. 50% of lot area.
(Ord. 16-2003. Passed 5-1-03; Ord. 37-2005. Passed 12-15-05; Ord. 23-2006. Passed 9-21-06; Ord. 08-2013. Passed 3-21-13; Ord. 04-2016. Passed 4-7-16; Ord. 03-2017. Passed 4-6-17.)