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Trenton Overview
Codified Ordinances of Trenton, OH
CODIFIED ORDINANCES OF THE CITY OF TRENTON OHIO
CERTIFICATION
DIRECTORY OF OFFICIALS (2024)
PRELIMINARY INFORMATION
CHARTER OF THE CITY OF TRENTON, BUTLER COUNTY, OHIO
PART TWO - ADMINISTRATION CODE
PART FOUR - TRAFFIC CODE
PART SIX - GENERAL OFFENSES CODE
PART EIGHT - BUSINESS REGULATION AND TAXATION CODE
PART TEN - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART TWELVE - PLANNING AND ZONING CODE
PART FOURTEEN - BUILDING AND HOUSING CODE
PART SIXTEEN - FIRE PREVENTION CODE
PART EIGHTEEN - CHRONIC NUISANCE PROPERTIES
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1256.09 FRONT YARD EXCEPTIONS AND MODIFICATIONS.
   (a)   In any zoning district where the average depth of at least 2 existing front yards on lots within 100 feet of the lot in question and within the same block front is less than the minimum front yard depth prescribed elsewhere in this Zoning Code, the minimum front yard depth for such lot may be modified by the Zoning Administrator. In such case, the modified minimum front yard depth shall not be less than the average depth of the 4 closest existing front yards along the same frontage and in the same block, or the average depth of the front yards of the 2 lots immediately adjoining, whichever is less. In the case of a corner lot, the depth of each front yard shall not be less than that of the lot immediately adjoining along the same frontage. However, no building on any lot, including all projections, may be closer than 20 feet from any public street.
   (b)   In any zoning district where the natural grade of a lot within the required front yard has an average slope, such slope being normal to the front lot line at every point along the line, of such a severity that it is not practicable to provide a driveway with a grade of 12% or less to a private garage conforming to the requirements of this Zoning Code, the garage may be located within the front yard, but not in any case closer than 20 feet to the street lines.
(Ord. 16-2003. Passed 5-1-03.)
1256.10 ARCHITECTURAL PROJECTIONS INTO REQUIRED YARDS.
   Architectural features may project into required yards or into courts as follows:
   (a)   Front or Side Yards Adjoining Side Streets. Into any required front or side yard adjoining a side street:
      (1)   Cornices, canopies, eaves, or other architectural features may project a distance not to exceed 2 feet, 6 inches.
      (2)   Fire escapes may project a distance not to exceed 4 feet, 6 inches.
      (3)   An open stair and necessary landing may project a distance not to exceed 6 feet.
      (4)   A front porch may project into a front yard a distance not to exceed 6 feet, provided it is open on 3 sides, except for railing or banisters.
      (5)   Bay windows, balconies, or chimneys may project into a yard a distance not to exceed 5 feet. However, the aggregate width of the projection shall not exceed one- third of the length of the wall on which they are located.
      (6)   A.   On any lot containing a minimum of 10,000 square feet, a roofline or footer may project into the rear yard a distance not to exceed 10 feet, provided that the remainder of the rear yard extends a minimum of 20 feet. Said roofline or footer may not extend more than 1/3 the width of the primary structure. For the purpose of this section, footers shall include but not be limited to support columns, piers, monolithic slabs, and post and beam construction.
         B.   Example: A residential property owner applies for a sunroom addition onto the rear of his or her home. The lot is 12,000 square feet in area and contains a 30- foot rear yard. The primary residential structure is 45 feet wide. The sunroom may extend a maximum of 10 feet into the rear yard, leaving 20 feet of green space to the rear property line. The sunroom can be no wider than 1/3 of the width of the primary structure, or 15 feet wide (1/3 of 45 feet). Therefore, the sunroom may be no larger than 10 feet deep by 15 feet wide.
   (b)   Side Yards. Subject to the limitations in the preceding divisions, the above-named features may project into any required side yard adjoining an interior side lot line, a distance not to exceed one-fifth of the required least width of the side yard, but not exceeding 3 feet in any case.
   (c)   Rear Yards. Subject to the limitations in division (a) of this section, the features named therein may project into any required rear yards or into any required outer court the same distance they are permitted to project into a front yard.
   (d)   Improvements Required by the Americans With Disabilities Act. Decisions of the Board of Zoning Appeals regarding architectural projections required for persons with disabilities that necessitate encroachment into any required front, side, or rear yard shall be based upon the Americans With Disabilities Act (ADA) Accessibility Guidelines for Buildings and Facilities, 36 CFR Part 1191, as amended.
(Ord. 16-2003. Passed 5-1-03; Ord. 03-2005. Passed 2-3-05.)
1256.11 FENCES, WALLS AND HEDGES.
   (a)   A hedge or shrubbery may be placed or grown in any residential zoned property and shall be regulated by the regulations for a fence contained within this section. A hedge or shrubbery may also be placed or grown and maintained in a required front yard not to exceed 3 feet in height, impair pedestrian traffic or create a hazard for vehicular travel.
   (b)   Decorative walls no greater than 3 feet in height may be placed in any yard when used as part of the landscaping but not contained within a right-of-way, drainage easement, open channel drainage easement or access easement. Walls more than 4 feet tall measured from the bottom of the footing to the top of the wall shall be regulated by the regulations for a fence contained within this section and shall also require a building authorization. In addition to these regulations, walls cannot be within 5 feet of any right-of-way, drainage easement, open channel drainage easement or access easement.
   Topography of the land or unusual circumstances may require a retaining wall that would exceed the regulations contained within this section. Before issuing a zoning certificate or a building authorization, all such retaining walls require approval by the City staff, chief building official and the City Engineer for the minimum amount of retaining wall needed to correct the topography of the land or the unusual circumstances.
(Ord. 16-2003. Passed 5-1-2003; Ord. 13-2006. Passed 6-1-2006.)
   (c)   The following applies to all fencing:
      (1)   No fence shall be erected until a zoning certificate has been issued by the City.
      (2)   Any fence or combination of fences which may include other structures that creates a complete enclosure shall have at least 1 gate.
      (3)   It is the sole responsibility of the applicant to determine all relevant property lines.
      (4)   The posts of a fence shall face the interior of the property.
      (5)   Fences shall be maintained and repaired and shall use materials consistent with those existing.
      (6)   No fence shall be permitted within a drainage easement, open channel drainage easement or access easement.
      (7)   Fencing placed adjacent to a drainage easement, open channel drainage easement or access easement shall have a minimum of 1 access gate.
      (8)   Fencing within legal easements:
         A.   Property owners who install fencing within a legal easement must recognize that the rights of the easement holder may prevail over their fee simple interest in the property.
         B.   Fences may be erected or placed within legal easements only as permitted by the easement holder. It is the sole responsibility of the property owner to be aware of, and to comply with, the rights, regulations and requirements of the easement holder.
         C.   Routine City maintenance work within easements. Where the City needs to perform construction, repair or maintenance within an easement in which a fence is located, the City shall give the property owner 30 days written notice by personal service, by first class mail, or by posting the notice on the front door of the principal structure on the affected property. Such notice shall state what portion or portions of fencing and personal property shall be removed by the owner. The owner shall, at his expense and within the allotted time, remove all fencing and personal property identified in the notice. In the event that the fence and personal property has not been removed within the allowed time, the City or its agents may, at the City's option and at any reasonable time, enter onto the property and remove the fence and personal property. The actual cost of the removal of the fence and personal property shall be invoiced to the property owner by first class mail or by personal delivery. If the property owner has not paid this invoice in full within 30 calendar days after its mailing, the City shall thereafter have the right to assess its actual cost, plus a 15% administrative charge, against the property to be paid with the real estate taxes. The City shall not be liable for any damage to property resulting from its activities reasonably related to the emergency.
         D.   Emergency City maintenance work within easements. Where the City needs to perform emergency construction, repair or maintenance within an easement in which a fence is located, the City shall serve written notice to the property owner by personal service or by posting the notice on the front door of the principal structure on the affected property, if time permits under the circumstances. The City may thereafter remove the interfering portions of the fence and personal property in order to address the emergency. In such an instance, the property owner shall not be responsible for any removal costs incurred by the City, but shall be responsible for any repair or replacement costs resulting from the removal. The City shall not be liable for any damage to property resulting from its activities reasonably related to the emergency.
      (9)   Chain link fences shall not contain webbing or any other material designed, intended or used to inhibit light, ventilation or sight.
      (10)   The height of all fencing shall be determined from the prevailing level of surrounding land.
      (11)   No fence shall be constructed or maintained so as to obstruct surface drainage.
      (12)   In the event that any fence is in violation of the maintenance, design or location requirements or limitations of the codified ordinances, or is in violation of any other legal standard or requirement adopted by the City, the owner of the offending fence shall be given 30 calendar days written notice by first class mail or by personal delivery to remedy the violation. In the event that the violation is not corrected within the allowed time, the City or its agents may, at the City's option and at any reasonable time, enter onto the property and correct the violation. The actual cost of such repairs shall be invoiced to the property owner by first class mail or by personal delivery. If the property owner has not paid this invoice in full within 30 calendar days after its mailing, the City shall thereafter have the right to assess its actual cost, plus a 15% administrative charge, against the property to be paid with the real estate taxes.
   (d)   Residential Interior Lot Fencing.
      (1)   Fences shall be a maximum height of 6'2" tall measuring from the ground up exclusive of mounding.
      (2)   Fences shall only be located in the rear yard except as otherwise permitted in this section.
      (3)   Interior lots that adjoin a corner lot may enclose the side yard adjoining a corner lot.
      (4)   No barbed or razor type wire or above ground electric fences shall be permitted.
      (5)   Chain link fences shall not exceed 4 feet in height measured from the ground exclusive of mounding.
      (6)   Through lots: Fencing in the conventional rear yard shall not be less than 40 feet from the right-of-way of the street which the primary residence does not face.
   (e)   Residential Corner Lot Fencing.
      (1)   Fences shall be a maximum height of 6'2" tall measuring from the ground up exclusive of mounding.
      (2)   Fences shall only be located in the side and rear yard except as otherwise permitted in this section.
      (3)   Fences may extend into the front yard which does not contain the main entry into the primary residence up to the required set back line for said yard but no less than 20 feet from any right-of-way.
      (4)   No barbed or razor type wire or above ground electric fences shall be permitted.
      (5)   Chain link fences shall not exceed 4 feet in height measured from the ground exclusive of mounding.
      (6)   On corner lots with angled houses, there shall be 2 side yards. Fences may be placed within the 2 side yards under the following conditions:
         A.   No fencing shall be less than 20 feet from any right-of-way.
         B.   No fencing shall encroach the required set back lines of adjacent properties.
   (f)   Fencing in Commercial and Industrial Zoning Districts.
      (1)   It is recognized that the fencing needs of commercial and industrial uses are so varied that any attempt to regulate them by fixed standards would work a hardship on property owners and tenants by unnecessarily obstructing or delaying the establishment and evolution of such uses. These regulations are designed to allow a more creative and efficient use of these fences while effectively regulating them in the public interest.
      (2)   Fencing that is permitted in residential zoning districts for residential uses shall be permitted for any residential, commercial or industrial use in any zoning district.
      (3)   When a land owner believes that the fencing that is permissible in residential districts is not sufficient for the needs of his particular commercial or industrial use, he may apply for a conditional commercial/industrial fence permit under either of the following procedures:
         A.   Standard procedure.
            1.   Complete the prescribed application for a commercial/industrial fence permit including submission of the required attachments, which shall at a minimum, include a scale drawing of the property showing the location of all proposed fencing and the style and dimensions of the fencing designs proposed for each differing section.
            2.   Submit the completed application to the City Planning Commission for comprehensive review which takes into account the uses on the property, similar to the fencing review that may be performed as part of the approval process for a planned unit development.
            3.   Attend a hearing before, and scheduled by, the Planning Commission to discuss all aspects of the application.
            4.   If the application as submitted, or as subsequently modified by the applicant before, during or after the hearing, demonstrates that the proposed fencing is in all respects essential to the use including location, height, coverage, materials and construction; is not visually or functionally incompatible with previously permitted fences on adjacent properties; and is otherwise in the overall best interest of the City, the Planning Commission may recommend to the City Council that the necessary zoning certificate and permit be issued.
            5.   The City Council may accept the recommendation; reject the recommendation; or by a 2/3 vote, refer the application back to the Planning Commission with its comments for further review and recommendation.
            6.   If the Council accepts the recommendation, the Zoning Administrator shall issue the necessary permits upon payment of the prescribed fees.
         B.   Expedited procedure. The City understands that time is often of the essence in commercial and industrial construction. The applicant may elect to pursue the following expedited procedure:
            1.   Complete the prescribed application for a commercial/industrial fence permit including submission of the required attachments, which shall at a minimum, include a scale drawing of the property showing the location of all proposed fencing and the style and dimensions of the fencing designs proposed for each differing section.
            2.   Submit the completed application to the City Planning Commission for comprehensive review which takes into account the uses on the property, similar to the fencing review that may be performed as part of the approval process for a planned unit development.
            3.   If requested by the Zoning Administrator, attend an administrative hearing to discuss all aspects of the application.
            4.   If the Zoning Administrator determines that the application as submitted, or as subsequently modified by the applicant before, during or after the hearing, demonstrates that the proposed fencing is in all respects essential to the use including location, height, coverage, materials and construction; is not visually or functionally incompatible with previously-permitted fences on adjacent properties; and is otherwise in the overall best interest of the City, he may approve the necessary zoning certificate and permit.
            5.   The expedited procedure shall not be available as an appeal of the standard procedure. However, the standard procedure shall be available as an appeal of the expedited procedure. Only one application fee shall be charged regardless of the application procedure(s) used. Any application made after a final decision by the City Council shall require a new application fee.
   (g)   Approval of a Commercial/Industrial Fence Permit is Conditional. All commercial/ industrial fence permits are specific to the property and land use(s) specified in the application. The City Council, upon a significant subsequent change in the land use and pursuant to a recommendation by the City Manager, may determine that a particular fence is no longer warranted by the use. If after giving the current property owner opportunity for a hearing, the Council finds that the recommendation of the City Manager is well-taken, the Zoning Administrator shall order the fence to be removed or modified to be appropriate for the current use, as determined by the Council. A fence which is not removed or modified in accord with such an order may be declared a public nuisance. Thereafter, it may be abated by the City in accord with Ohio R.C. 715.44, with the expense thereof collected from the property owner following the procedure set forth in Ohio R.C. 715.261.
(Ord. 03-2015. Passed 5-7-15.)
1256.12 SCREENING OF TRASH STORAGE AREAS.
   Any new or altered commercial use which requires site plan review and has an outdoor trash storage area shall comply with the following requirements:
   (a)   Any such area shall be limited to normal refuse that is collected on a regular basis and shall be maintained in a neat, orderly, sanitary condition.
   (b)   In no instance shall any such refuse be visible above the required enclosure.
   (c)   Any such storage area shall be located in a rear yard and be so located and arranged as to minimize its visibility from adjacent streets and uses. An obscuring gate shall be required when the interior of such a storage area would otherwise be visible from a public street or adjacent use. In no instance shall any trash storage area be located in a front yard.
   (d)   Construction of trash storage areas, also known as dumpster corrals, shall conform to the standard construction drawings for dumpster corrals per Chapter 1214, Appendix C of the Codified Ordinances of the City of Trenton, Ohio unless otherwise permitted by the recommendations of the Planning Commission and subsequent approval of City Council.
(Ord. 16-2003. Passed 5-1-03; Ord. 13-2014. Passed 10-16-14.)
1256.13 USES NOT SPECIFICALLY MENTIONED.
   Any use of land, a structure, or a building that is not specifically named as a permitted principal or accessory use within any zoning district shall not be permitted until it is determined by the Zoning Administrator that such use is similar and compatible to those uses expressly permitted within such district. The decision of the Zoning Administrator may be appealed as provided in Chapter 1246.
(Ord. 16-2003. Passed 5-1-03.)