1270.02 SCOPE OF APPLICABILITY AND REVIEW.
   These access management regulations shall apply to the location and design of any public roadway and any private street and driveway proposed to access the City of Trenton public roadway system unless roadway jurisdiction is provided to another reviewing agency per the Ohio Revised Code. These access management regulations shall also apply to other development and redevelopment events as specified below.
   (a)   Relationship to Development Applications.
      (1)   Major and Minor Subdivisions. These access management regulations shall apply to both major subdivision and minor subdivision applications.
      (2)   Site Plans. These access management regulations shall apply to any site plan review of a nonresidential or multi-family development project.
   (b)   Change in Use.
      (1)   Properties that do not meet these access management requirements shall be brought into compliance with the regulations contained herein when modifications to the roadway are made or when there is a significant change in the use of the property. For the purposes of this Chapter, a change of use upon land or within a structure or a facility occurs when the vehicle trip generation of the property is increased by 25% (either peak hour or daily) over the vehicle trip amount generated by the prior use. The change of use must also generate a total of at least 100 trips per day. One of the following methods shall be used by the City Engineer to determine if a change of use has occurred:
         A.   An estimation based on the latest edition of "Trip Generation" by the Institute of Transportation Engineers for typical land uses; or
         B.   Traffic counts made at similar traffic generators located in the area; or
         C.   Actual traffic monitoring conducted during the peak hour of the adjacent roadway traffic for the property.
   (c)   Nonconforming Access.
      (1)   Any access to a public roadway which is legally in existence as of the effective date of these access management regulations and does not conform to these standards shall be considered a "nonconforming access." A nonconforming access may continue to be used indefinitely, but shall be retrofitted or otherwise brought into conformance with all applicable requirements of these access management guidelines when:
         A.   The lot is subdivided, re-subdivided, developed, or redeveloped;
         B.   A new or relocated access is requested;
         C.   There is a substantial enlargement, improvement, or change in the use of the property consistent with the criteria set forth in Section 1270.02(b);
         D.   The principal use of the property is discontinued, abandoned or otherwise out of service for a continuous period 180 days as provided for in Chapter 1254;
         E.   Any new or modified land use that increases trip generation by 25% or more and exceeding at least 100 trips per day, as calculated from traffic data or the current Institute of Transportation Engineers (ITE) "Trip Generation Manual."
   (d)   Review of Access Management Regulations.
      (1)   The review and approval process for these access management regulations shall take place during the minor or major subdivision application review, a site plan application review or any other administrative review for which these access management regulations shall apply.
      (2)   In the event there is a conflict between access management or related regulations found in this Chapter and the Trenton Subdivision Regulations, the respective conflicting regulation found in these access management regulations shall prevail.
(Ord. 01-2018. Passed 1-18-18.)