(a) Intent. his district has been established to provide uniform regulation of the relatively small business and service establishments located in the traditional central business district and operating in response to the daily needs of the residents of the City and surrounding areas. It is also designed to permit a limited concentration of residential uses in recognition of the limitations imposed by the architecture of the structures and in an effort to obtain the benefits of mixed-use development in an urban setting. All permitted uses are typically conducted within enclosed buildings and are minor traffic generators. The C-D district is intended to preserve and strengthen the central business district by recognizing that numerous older or historic buildings are located on small lots, have little or no setback from property lines, and do not have sufficient land for adequate off-street parking. To minimize nonconformities, the C-D district establishes standards that accommodate many existing conditions and allow their constructive modification to the extent that the public health and safety are not materially jeopardized.
(b) Principal Permitted Uses. Only the following uses that continuously satisfy all the requirements of divisions (c) through (h) of this section shall be permitted in the C-D District:
(1) Antique and collectibles shops.
(2) Apparel shops.
(3) Art and school supply businesses.
(4) Art galleries, libraries, and museums.
(5) Artist, sculptor and composer studios.
(6) Bakeries, retail.
(7) Banks and financial institutions.
(8) Barber and beauty shops, shoe repair shops.
(9) Bed and breakfasts.
(10) Bicycle sales, rental and repair.
(11) Blueprinting, photocopying, and photo finishing service.
(12) Body piercing studios.
(13) Bookstores, newsstands and card shops.
(14) Bridal consultants.
(15) Camera and photo supply shops.
(16) Candy and confectionery shops.
(17) Cigarette, cigar and tobacco shops.
(18) China and glassware stores.
(19) Delicatessens.
(20) Eating place No. 1.
(21) Eating places, carry-out.
(22) Florists.
(23) Gift and novelty shops.
(24) Hobby shops.
(25) Interior decorating shops.
(26) Jewelry shops.
(27) Leather goods and luggage shops.
(28) Libraries and reading rooms.
(29) Millinery (haberdashery) shops.
(30) Music and musical instrument stores.
(31) Nursing homes, rest homes, and convalescent homes.
(32) Professional service offices or clinics, such as those of a physician, surgeon, dentist, lawyer, accountant, architect, engineer, insurance and/or real estate agent, and/or a member of a similar profession.
(33) Places of worship.
(34) Publicly owned and operated buildings and facilities.
(35) Residential living units, provided that such units do not occupy more than 50% of the area of the ground floor of any building and are located to the rear of the building. Residential living units may occupy up to 100% of the floor area of any level above ground level.
(36) Taxidermists.
(37) Tattoo parlors.
(38) Veterinarian offices provided that:
A. All activities shall be housed in a completely enclosed and soundproof building.
B. Services shall be on a strictly out-patient basis with no raising, breeding and boarding of animals, except for the temporary confinement of small animals as necessary for emergency care or continuous treatment.
(39) Other similar uses as determined by the Zoning Administrator.
(40) 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, buildings or other structures customarily incidental to any of the foregoing permitted uses.
(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) Child care centers accessory to churches.
(7) Other similar uses as determined by the Zoning Administrator.
(8) 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)(8)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 for Business Uses. No zoning certificate shall be issued for a use within the C-D District until the applicant shall have demonstrated or certified to the satisfaction of 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 1258.13. 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 or service 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 whenever necessary to avoid casting direct light upon any other property or upon 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.
(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 emissions could be produced as a result of accident or equipment malfunction, adequate safeguards considered suitable for safe operation in the business involved shall be taken.
(11) The emission of smoke or other air 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 will 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 will be no vibration 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-D Downtown Business District:
Lot Area | Frontage | Required Front Yard | Required Side Yards | Required Side Yard | |
Least Side Yard | Sum of Side Yards
| ||||
20,000 sq. ft. | 100 ft. | N/A | N/A | N/A | 40 ft. |
The front yard shall not be less than 35 feet along any major thoroughfare. | |||||
(h) Maximum Lot Coverage by all Buildings. 70% of lot area.
(Ord. 16-2003. Passed 5-1-03; Ord. 18-2006. Passed 7-20-06; Ord. 23-2006. Passed 9-21-06; Ord. 02-2013. Passed 1-17-13; Ord. 08-2013. Passed 3-21-13; Ord. 04-2016. Passed 4-7-16; Ord. 03-2017. Passed 4-6-17.)