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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
TITLE TWO - Subdivision Regulations
TITLE FOUR - Zoning
CHAPTER 1240 General Provisions
CHAPTER 1242 Definitions
CHAPTER 1244 Administration
CHAPTER 1246 Appeals and Variances
CHAPTER 1248 Establishment of Zoning Districts and Map
CHAPTER 1250 Amendments
CHAPTER 1252 Conventional Zoning Districts and Regulations
CHAPTER 1254 Existing and Nonconforming Uses
CHAPTER 1256 Supplementary Regulations Applicable to All Zoning Districts
CHAPTER 1258 Supplementary Regulations Applicable to Specific Uses
CHAPTER 1260 Off-Street Loading Area Regulations
CHAPTER 1262 Off-Street Parking Regulations
CHAPTER 1264 Noise Regulations
CHAPTER 1266 Site Plan Review for Nonresidential and Multi-Family Uses
CHAPTER 1268 Planned Unit Development Districts and Regulations
CHAPTER 1270 Access Management Regulations for Nonresidential and Multi-Family Uses
CHAPTER 1280 Zoning Code Enforcement
PART FOURTEEN - BUILDING AND HOUSING CODE
PART SIXTEEN - FIRE PREVENTION CODE
PART EIGHTEEN - CHRONIC NUISANCE PROPERTIES
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1258.11 COMMUNITY-ORIENTED RESIDENTIAL SOCIAL SERVICE FACILITIES AND HALFWAY HOUSES.
   (a)   Submission Requirements. The operator or agency applying for a zoning permit to operate a community-oriented residential social service facility or halfway house shall submit the following information to aid the Zoning Administrator's review of the application:
      (1)   Identification of similar facilities presently existing within the City and contiguous jurisdictions and confirmation that the siting of the facility is compatible with the Residential Care Opportunities Guide for Butler County or similar planning documents.
      (2)   A license or evidence of ability to obtain a license, if such is required, from the pertinent governmental unit prior to operation. Prior to the issuance of a final certificate of occupancy, the operator or agency shall provide evidence that a valid license has been issued or is obtainable for the proposed conditional use on the subject property. If licensing is not required, an affidavit from the applicant so stating shall be presented.
      (3)   A copy of the sponsoring agency's operational and occupancy standards and a detailed plan for services and programs.
      (4)   A site plan for the proposed home indicating home structure outline and floor plan, off-street parking provisions, driveway access, landscaping and screening provisions, recreational and open space facilities, as well as other pertinent information that the Zoning Administrator may require. Such plan shall include sufficient information to indicate that the proposed site will be compatible with the character of the neighborhood.
   (b)   Facility Requirements.
      (1)   Every room occupied for sleeping purposes within the home shall contain a minimum of 80 square feet of habitable room area for 1 occupant, and when occupied by more than 1 person, shall contain at least 60 square feet of habitable room area for each occupant.
      (2)   Indoor and outdoor recreational space shall be provided for the clientele served, based upon standards specified by the licensing authority and/or the sponsoring agency. If no such standards exist, then the following minimum area shall apply:
         A.   Common indoor area shall consist of at least 25 square feet per individual.
         B.   Common outdoor area shall consist of at least 60 square feet per individual. If a public park or other common open space is available in the immediate vicinity of the facility, the Board of Zoning Appeals may waive the outdoor space requirement.
         C.   No exterior alterations of the structure shall be made which depart from the residential character of the building. All new structures proposed shall be compatible with the surrounding neighborhood.
         D.   All exterior lighting shall be suitably directed and shaded to prevent any glare upon adjoining residential properties.
   (c)   Off-Street Parking Requirements. One space for every 3 persons residing in a community based residential social service facility or halfway house except for facilities prohibiting ownership or operation of automobiles by occupants of such facilities. In any case, suitably screened off-street parking shall be provided on a one-to-one ratio to the number of autos operated out of the facility. Within neighborhoods in which on-street parking is accepted practice, on-street space directly abutting the subject lot may be substituted for a portion of the required off-street spaces if approved by the Board of Zoning Appeals.
   (d)   No facility shall be permitted within 1,500 feet of another community-oriented residential social service facility or halfway house. The Zoning Administrator may reduce this standard if the applicant can show that, due to unique conditions, a reduction of the separation requirement will not contribute to the concentration of such facilities (e.g., the proposed site is located in a distinctly different neighborhood which is separated from an existing site by a freeway or the site is in an area that does not constitute a typical residential neighborhood due to a diversity of land uses).
   (e)   The Zoning Administrator shall review the facility for compliance with building and electrical codes by the appropriate code enforcement officials.
   (f)   Required findings by the Zoning Administrator. In reviewing each proposed facility, the Zoning Administrator shall make specific findings of fact relative to the following criteria. Upon finding all such facts to be true, the Zoning Administrator shall grant the conditional use. The proposed facility must:
      (1)   Comply with all the applicable facilities requirements.
      (2)   Be a bona fide community-based residential social service facility or halfway house licensed by an agency of the State of Ohio. If such licensing is not required, an affidavit so stating shall be presented to document this statement.
      (3)   Be approved by the local agency responsible for providing support services and/or programs to the facility.
      (4)   Be designed, constructed, and maintained so that such use will not change the general character of the area and operated in compliance with relevant licensing or certification standards.
      (5)   Not be within 1,500 feet of another community-oriented residential social service facility or halfway house.
      (6)   Be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services.
      (7)   Have vehicular approaches to the property designed to prevent any undue interference with traffic on surrounding public streets.
(Ord. 16-2003. Passed 5-1-03.)
1258.12 INDEPENDENT HOUSING ALTERNATIVES FOR THE ELDERLY.
   (a)   The operator or agency applying for a zoning permit to operate an independent housing facility for the elderly shall submit the following information to aid the Zoning Administrator's review of the application:
      (1)   Proof that the proposed facility is or will be licensed or approved by all governmental agencies having jurisdiction.
      (2)   Certification that the facility will not be used to house more residents than are approved by the licensing or approving agencies.
      (3)   Evidence that the facility complies with all applicable building, zoning and health codes.
      (4)   Evidence that the facility will not generate traffic unreasonably greater in volume than would otherwise normally occur in the neighborhood in which it is located.
      (5)   Evidence that the facility will not require on-street parking.
      (6)   Evidence that the new building or modification of an existing building will not be dissimilar in appearance to nearby residential structures.
   (b)   Approval by the Zoning Administrator shall be limited to the operator to whom the zoning permit was originally issued and is not transferable to a subsequent operator.
(Ord. 16-2003. Passed 5-1-03.)
1258.13 SEASONAL TEMPORARY SALES.
   All seasonal temporary sales shall conform to the following requirements:
   (a)   Permitted Locations. Seasonal temporary sales may be permitted only within a zoning district in which such use is specifically permitted as an accessory use under this Zoning Code, and only on the same zoning lot that the principal activity of the business is conducted. Such sales shall be permitted only for seasonal merchandise of a general type that is typically sold by the business. Examples: lawn mowers and gas grills being displayed by a hardware store in the spring; fresh farm produce being marketed by a supermarket in the summer; light weight clothing being liquidated by a clothing or department store in the fall; sleds and skis being featured by a sporting goods store in the winter. Being an accessory use, seasonal temporary sales may not be conducted on vacant lots.
   (b)   General Requirements.
      (1)   The Zoning Administrator may issue a special zoning permit for seasonal temporary sales for one or more specific periods not to exceed a total of 90 days within a calendar year.
      (2)   The Zoning Administrator shall review all requests for seasonal temporary sales to ensure conformance with the requirements contained herein. The Zoning Administrator may require other information or commitments as necessary to assure that the requirements of this section will be met.
   (c)   Specific requirements.
      (1)   No seasonal temporary sale shall be conducted without the issuance of a special zoning permit by the Zoning Administrator. To obtain a special zoning permit, the applicant shall submit a letter to the Zoning Administrator in advance of each seasonal temporary sale period. Such letter shall include, at a minimum, a plot plan for each proposed sale location showing the following:
         A.   The type of enclosure to be used, if any, and setbacks from existing buildings and right-of-way lines to the perimeter of the sale area.
         B.   The parking layout of the lot, indicating spaces to be deleted due to location of the seasonal temporary sale, and the location of additional spaces if they are needed to maintain the minimum number of parking requirements of this Zoning Code.
         C.   The internal traffic circulation pattern demonstrating that the seasonal temporary sale will not obstruct or impede the movement of traffic either on the lot or adjacent right-of-way. No sale shall be approved which creates a safety hazard for vehicles or pedestrians, or which significantly inconveniences the public or other businesses located on the same lot or a nearby lot.
      (2)   In lieu of accepting a letter, the Zoning Administrator may require the above information be submitted on a special zoning permit application or other form furnished by the City.
(Ord. 16-2003. Passed 5-1-03.)
1258.14 ADULT ENTERTAINMENT FACILITIES.
   Adult entertainment facilities shall meet all requirements of the zoning district wherein located. Such facilities are also subject to business regulation pursuant to Chapter 880 of these Codified Ordinances.
(Ord. 16-2003. Passed 5-1-03.)
1258.15 SIGNS.
   All signs shall conform to the Sign Code, Chapter 826 of these Codified Ordinances, except as otherwise approved within the final development plan for a Planned Unit Development (PUD).
(Ord. 16-2003. Passed 5-1-03.)
1258.16 MEDICAL MARIJUANA DISPENSARIES.
   An application for a conditional use permit to operate a medical marijuana dispensary, as defined in Chapters 3796 of the Ohio Administrative Code and Ohio Revised Code, shall be approved by the Planning Commission only if the Planning Commission finds that all of the following conditions, standards, and requirements are satisfied:
   (a)   An application for a conditional use permit has been made to the Planning Commission. The application shall be in compliance with the requirements of this Zoning Code and in such for as approved by the Planning Commission and shall include such additional information and documentation as may be determined by the Planning Commission to evaluate and process the application. Such application shall be subject to Section 1244.10.
   (b)   The application for a conditional use permit, including the proposed use set forth in the application, shall satisfy all of the following conditions, standards, and requirements:
      (1)   The applicant shall be responsible for receiving approval of all applicable permits or licenses from the state, federal government, and/or county, where applicable, prior to the Planning Commission reviewing the conditional use permit. If City approval is required prior to the issuance of a permit and/or license, the Planning Commission may approve the conditional use permit and zoning permit, if necessary, with conditions that require the applicant receive such permits and/or licenses prior to applicant commencing operations.
      (2)   The applicant shall possess demonstrated experience in the medical marijuana industry and shall submit evidence of the same.
      (3)   The operation of a medical marijuana dispensary shall only be permitted in the C-1, C-2, C-3, C-4, C-D, and O Districts. In all other respects not specified herein, the operation of a medical marijuana dispensary shall conform to the applicable regulations applicable to the C-1, C-2, C-3, C-4, C-D, and O Districts zoning district in which the medical marijuana dispensary is located.
      (4)   The Planning Commission shall issue no more than two permit(s) to operate a medical marijuana dispensary. If a permit holder has not obtained a state provisional license to dispense medical marijuana within one year of receiving a conditional use permit under this section, the permit shall expire at that time. Upon application by a permit holder, Planning Commission may extend the expiration date of an unexpired permit to dispense medical marijuana under this section, provided the permit holder has demonstrated good and satisfactory reasons why he or she has not obtained a state provisional license to dispense medical marijuana.
      (5)   No medical marijuana dispensary may be established or operated within 500 feet of:
         A.   A school, church, public library, public playground, or public park, as defined in R.C. § 3796.30; or
         B.   A community addiction services provider as defined in R.C. § 5119.01.
      (6)   No medical marijuana dispensary may be established, operated or enlarged within 1,000 feet of another medical marijuana dispensary.
      (7)   Not more than one medical marijuana dispensary shall be established or operated in the same building, structure, or portion thereof.
      (8)   For the purpose of divisions (b)(6) and (7) of this section, measurement shall be made from the nearest portion of the building or structure used as the part of the premises where a medical marijuana dispensary is conducted, to the nearest property line of the premises of a medical marijuana dispensary or a school, church, public library, public playground, or public park.
      (9)   The applicant must demonstrate that such operations will not be detrimental to the vicinity or surrounding properties.
      (10)   All building entrances intended to be utilized by patrons shall be located on the side(s) of the building which does not abut residentially zoned and/or used property, whenever possible, to minimize the potential for patrons to congregate and create noise which may become a nuisance to adjacent residential areas.
      (11)   Any medical marijuana dispensary adjacent to a residential district and/or use shall contain a minimum six-foot-high solid fence along such abutting property lines, without disrupting pedestrian and vehicular line of sight as determined by City staff and the City Engineer.
      (12)   All rules, regulations and local permitting requirements imposed on an applicant by the City shall be interpreted in all instances to conform to the state licensing requirements for medical marijuana dispensaries, but in the event the City's rules, regulations and permitting requirements impose a greater obligation on an applicant than the state licensing requirements, the City's provisions shall be enforced.
      (13)   In granting a conditional use permit, the Planning Commission may impose such conditions, safeguards, and restrictions upon the premises benefitted by the conditional use as may be necessary to comply with the standards set forth herein and to reduce or minimize any potentially injurious effect of such conditional uses upon other property in the City and to carry out the general purpose and intent of this Zoning Code.
(Ord. 48-2021. Passed 12-16-21.)