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Trenton City Zoning Code

CHAPTER 1258

Supplementary Regulations Applicable to Specific Uses

1258.01 PARKING AND STORAGE OF RECREATIONAL EQUIPMENT, RECREATIONAL VEHICLES, AND TRAILERS.

   (a)   No major recreational equipment or recreational vehicles shall be parked or stored on the right-of-way of any public street or way. No major recreational equipment or recreational vehicles shall be parked or stored on private property except as follows:
      (1)   Inside a garage or carport;
      (2)   Within a side or rear yard.
   Not more than two items of major recreational equipment or recreational vehicles may be parked or stored outdoors on any one City lot. Parking is permitted anywhere on a lot for a period not exceeding 24 hours during active loading or unloading, provided that such use does not create damage to the sidewalk, tree lawn, or curb, or result in tracking of mud onto the street right-of-way.
   (b)   Such equipment shall not be connected to electricity, water, gas, or sanitary sewer facilities except that it maybe temporarily connected to electricity for charging of batteries and similar maintenance purposes. Recreational equipment shall not be used for living, sleeping or housekeeping purposes on the premises.
   (c)   No trailer, as defined in Section 1242.01, shall be parked or stored within the front yard setback in any zoning district. Said trailer may be parked or stored within an enclosed garage, a carport, a side yard, or a rear yard. Parking is permitted anywhere on a lot for a period not to exceed 24 hours during active loading or unloading, provided that such use does not create damage to the sidewalk, tree lawn, or curb, or result in tracking of mud onto the right-of-way.
   (d)   Anyone who violates this Section 1258.01 shall be subject to the penalties provided for in Section 1280.01 of these Codified Ordinances.
(Ord. 16-2003. Passed 5-1-03; Ord. 09-2008. Passed 8-21-08; Ord. 03-2010. Passed 2-18-10.)

1258.02 HOME OCCUPATIONS.

   A home occupation shall be permitted only in accordance with the following provisions:
   (a)   No person or persons shall operate a home occupation or be employed thereunder other than a resident of the premises.
   (b)   The home occupation shall be conducted entirely within the dwelling, and the use of the dwelling for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants. Not more than 25% of the gross floor area of any dwelling unit shall be used for a home occupation.
   (c)   There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than 1 home occupation sign, if permitted under Chapter 826 of these Codified Ordinances.
   (d)   There shall be no sale on the premises of commodities not produced as the result of the home occupation.
   (e)   No toxic, explosive, flammable, combustible, corrosive, etiologic, radioactive or other restricted materials shall be used or stored on the site in amounts greater than those normally associated with domestic use.
   (f)   In no case shall a home occupation be open to the public at times earlier than 8:00 a.m. nor later than 10:00 p.m. The times of operations for babysitting shall be 6:00 a.m. through 11:30 p.m.
   (g)   No advertisement shall be placed in any media containing the address of the property.
   (h)   Vehicles associated with the home occupation shall be subject to the following:
      (1)   Not more than 1 vehicle shall be used for the purposes of the home occupation.
      (2)   Such vehicle shall not be larger than a 3/4-ton truck.
      (3)   Deliveries and/or pickups of goods related to the home occupation shall not be made in vehicles other than the vehicle associated with the home occupation.
      (4)   Such vehicle shall not have any permanent advertising of the home occupation but may have magnetic or other temporarily affixed advertising, provided such advertising is removed at all times the home occupation is not open to the public, as set forth in division (f) of this section.
   (i)   No traffic, including deliveries, shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be off-street and not within a required front yard.
   (j)   Equipment or processes shall not be used in such home occupation which create noise, vibrations, glare, fumes, odors, or electrical interference detectable outside the dwelling. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio, television receiver off the premises, or cause fluctuations in voltage off the premises.
   (k)   Only the following uses may be permitted as home occupations:
      (1)   Architectural and/or engineering service.
      (2)   Artist studio.
      (3)   Attorney.
      (4)   Babysitting, up to 8 children at a time. The times of operations for babysitting shall be 6:00 a.m. through 11:30 p.m.
      (5)   Beauty and barber services, 1 chair only.
      (6)   Professional consulting services.
      (7)   Data processing.
      (8)   Direct sale product distribution (Amway, Avon, Tupperware, etc.).
      (9)   Drafting and graphic design services.
      (10)   Dressmaking, sewing, tailoring, contract sewing (one machine).
      (11)   Financial planning, investment services.
      (12)   Graphic design.
      (13)   Internet sales, trading and information services.
      (14)   Home cooking and preserving for sale off-site.
      (15)   Home crafts such as model making, rug weaving, cabinet making or ceramics utilizing a kiln with a capacity of 6 cubic feet or less.
      (16)   House cleaning service.
      (17)   Insurance sales or broker.
      (18)   Interior design.
      (19)   Laundry, ironing service.
      (20)   Licensed massage therapist.
      (21)   Locksmith.
      (22)   Mail order, no retail sales from site.
      (23)   Real estate sales or broker.
      (24)   Sales representative, office only.
      (25)   Court reporter, stenographer.
      (26)   Telephone answering, switchboard, call forwarding.
      (27)   Tutoring, limited to 1 student at a time.
      (28)   Typing, word processing service.
      (29)   Writing, computer programming.
      (30)   Other similar uses as determined by the Zoning Administrator.
   (l)   The following uses, by the nature of the investment or operation, have a pronounced tendency once started to rapidly increase beyond the limits permitted for home occupations, and thereby impair the use and value of a residentially zoned area for residence purposes. Therefore, the uses specified below shall not be permitted as home occupations under any circumstances:
      (1)   Appliance repair.
      (2)   Automobile or vehicle repair, automobile or vehicle parts sales, automobile or vehicle painting or detailing, and automobile or vehicle washing service, including businesses working at customers' homes.
      (3)   Beauty and barber services, 2 or more chairs.
      (4)   Boarding house.
      (5)   Carpentry.
      (6)   Ceramics utilizing a kiln with a capacity of more than 6 cubic feet.
      (7)   Churches, religious instruction.
      (8)   Contracting, masonry, plumbing or painting.
      (9)   Gift shop.
      (10)   Health salons, gyms, dance studios, aerobic exercise studios.
      (11)   Limousine service.
      (12)   Medical or dental office.
      (13)   Mortician, hearse service.
      (14)   Palm reading, fortune telling.
      (15)   Photography studios.
      (16)   Private clubs.
      (17)   Rental equipment businesses.
      (18)   Restaurants, taverns, food preparation.
      (19)   Retail sales on site.
      (20)   Small engine repair.
      (21)   Tow truck services.
      (22)   Veterinary uses, including care, grooming, or boarding.
      (23)   Wedding or bridal shops.
(Ord. 16-2003. Passed 5-1-03; Ord. 04-2016. Passed 4-7-16; Ord. 26- 2024. Passed 12-19-24.)

1258.03 OVERNIGHT PARKING OF OVERSIZED VEHICLES.

   (a)   Overnight parking of vehicles over 1-ton rated capacity, buses or mobile homes shall not be permitted:
      (1)   As an accessory use in any residential or office district;
      (2)   As an accessory use in any commercial or I-P Industrial Park District, between the front lot line and the front building line; and
      (3)   As an accessory use in any commercial or I-P industrial park district within 25 feet of any public right-of-way.
   (b)   Overnight parking of oversized vehicles in any commercial or I-P Industrial Park District shall be prohibited unless the vehicles are directly related to the business conducted on the property, subject to the provisions of divisions (a)(2) and (3) of this section. Oversized vehicles shall not be parked overnight on any vacant commercial or I-P Industrial Park property.
(Ord. 16-2003. Passed 5-1-03.)

1258.04 ACCESSORY BUILDINGS, STRUCTURES AND USES.

   (a)   An accessory building is a building subservient to, and distinguishable from, the principal building on a lot or parcel. No accessory building shall be erected in any required yard or court, except a rear yard, and shall not occupy more than 30% of the area of the required rear yard. The required rear yard shall be defined as the actual rear yard width multiplied by the minimum rear yard depth required in the particular zoning district in question.
   (b)   Connection of an accessory building to a principal building by a breezeway, covered or uncovered walkway, fence or other similar unenclosed structure or improvement does not render it a part of the principal building.
   (c)   For computing the percentage of occupancy of a rear yard, as required in division (a) of this section, if a detached accessory building is connected to the principal building by a breezeway or covered walkway, the ground area of the breezeway or walkway shall be considered part of the accessory building and be included in the computation.
   (d)   No accessory building shall exceed the height of the principal structure or 25 feet, whichever is less.
   (e)   No accessory building shall be closer than 6 feet from any side or rear lot line, or any public alley.
   (f)   On a corner lot abutting in the rear the side lot line of a lot in a residential district, any accessory building or part thereof within 25 feet of the common lot line shall not be closer to the side street lot line than the least depth of the front yard required on such other lot fronting the side street; and in no case shall any part of the accessory building be closer to the side street lot line than the least width of the side yard required for the principal building to which it is accessory.
(Ord. 16-2003. Passed 5-1-03.)

1258.05 FILLING STATIONS, PUBLIC GARAGES AND PARKING LOTS.

   (a)   No visible appliance for any purpose other than fueling vehicles may be located within 20 feet of the established right-of-way line as shown on the Official Thoroughfare Plan, or within 35 feet of any residential district, except where the appliance is within a building.
   (b)   On all corner lots, all vehicular entrances to or exits from, and curb openings, shall be set back a minimum of 25 feet from the corner property lines extended or from the established right-of- way lines as shown on the Official Thoroughfare Plan. All curb openings, whether on a corner lot or not, shall not exceed 40 feet in width at the curb line, and 30 feet at the property line. There shall be a minimum of 20 feet measured along the property line between any series of driveways. The City reserves the right to further limit the location, size and number of curb cuts in accordance with sound engineering practice and/or to address traffic safety concerns voiced by the Police Department.
(Ord. 16-2003. Passed 5-1-03.)

1258.06 CAR AND TRUCK WASHES.

   (a)   The site plan shall provide for adequate stacking of vehicles both before washing and during the drying process.
   (b)   The facility shall be designed to prevent dripping of water from washed vehicles onto the street in quantities sufficient to form ice in freezing temperatures, or the facility shall be closed whenever there is a risk of significant icing. Techniques to avoid or minimize drippage onto the public street may include: lengthy exit drives, traffic "bumps," drains in exit drives, and automated blowers.
   (c)   Washing bays shall be oriented for the drive-through movement to be parallel to the street, except where otherwise permitted under Planned Unit Development zoning.
   (d)   The Zoning Administrator may require the applicant to submit a credible operational analysis assuring compliance with divisions (a) and (b) of this section.
(Ord. 16-2003. Passed 5-1-03.)

1258.07 ESSENTIAL SERVICES.

   Essential services are exempt from the application of this Zoning Code, except the provisions for well field protection found in Section 1252.16 and any right-of-way control regulations hereinafter defined or that may be defined after the effective date of this Zoning Code. Therefore, essential services may be conducted as otherwise authorized or permitted by the ordinances, regulations and administrative policies and practices of the City and other applicable law.
(Ord. 16-2003. Passed 5-1-03.)

1258.08 MINERAL EXTRACTION, STORAGE, PROCESSING (REPEALED).

   (EDITOR’S NOTE: Section 1258.08 was repealed by Ordinance No. 31-2023, passed March 7, 2024.)

1258.09 PRIVATE GOLF COURSES, COMMERCIAL SWIMMING POOLS AND OTHER RECREATIONAL FACILITIES.

   All private golf courses, commercial swimming pools, and other private recreation facilities shall be in accordance with the following required conditions:
   (a)   Swimming pools, except for an accessory swimming pool for the occupants of a single- family or two-family dwelling, shall comply with the following conditions and requirements:
      (1)   The pool and accessory structures thereto, including the areas used by the bathers, shall not be closer than 50 feet to any property line.
      (2)   The swimming pool and all of the area used by the bathers shall be walled or fenced to prevent uncontrolled access by children from the street or adjacent properties. The fence or wall shall not be less than 6 feet in height, shall be maintained in good condition, and shall not be made of chain link.
   (b)   Loudspeakers, juke boxes, public address systems, and electric amplifiers shall be permitted, if their use is for the occupants of only the building within which the equipment is installed, and does not create a nuisance and disturb the peace of the other persons or properties in this or any other district.
   (c)   Exterior lighting shall be shaded wherever necessary to avoid casting direct light on any property or on any public street.
(Ord. 16-2003. Passed 5-1-03.)

1258.10 CHILD CARE NURSERIES.

   The following standards shall apply to the development and operation of child care nurseries:
   (a)   When located within a residential zoning district, the site shall front upon a collector or arterial street in order to avoid excessive traffic on local residential streets.
   (b)   An outdoor play area shall be required. The minimum size of such play area shall be no less than the minimum square footage requirements as purveyed by the state, regardless of the number of children for which the facility is authorized to serve. The minimum width or depth of such play area shall be 20 feet. Such play area shall also be completely enclosed by a fence or wall a minimum of 4 feet in height.
   (c)   The required play area shall be screened and landscaped along all sides that are within 50 feet of a lot within a residential zoning district. All sides of the parking lot that face any dwelling or any residential zoning district shall be screened and landscaped.
   (d)   The Planning Commission may establish a maximum enrollment based upon neighborhood impact for a child care nursery located within residential zoning district.
(Ord. 16-2003. Passed 5-1-03.)

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.)

1258.17 COMMERCIAL SOLAR FARM.

   An application for a conditional use permit for commercial solar farms 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)   Application for a conditional use permit has been made to the Planning Commission. The application shall be in compliance with all of the requirements of this Zoning Code and in such form as approved by the Planning and Zoning Administrator and shall include such additional information and documentation as may be determined by the Planning and Zoning Administrator 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 from the state, federal government, and/or county. If City approval is required prior to the issuance of a state, federal government, and/or county permit, the Planning Commission may approve the conditional use permit with conditions that all such permits be approved prior to commencement of commercial operations.
      (2)   Solar energy systems shall be permitted in the I-G General Industrial District and the I-P Industrial Park District.
      (3)   The applicant shall file a location map which clearly shows areas to be used for the solar farm and the location of adjacent properties, roads, and natural features.
      (4)   The applicant shall file a civil site plan, landscaping plan, lighting plan, and decommissioning plan including an estimate of decommissioning costs upon the end of the useful life of the facility.
      (5)   The applicant must demonstrate that such operations will not have a significant negative impact to the vicinity or to surrounding property valuations.
      (6)   Site size/energy rating. No solar energy system shall be erected on any lot of 50 acres or less in size unless it is part of an existing electric generating facility as of the effective date of this section. For the purposes of this subsection, a lot is defined as a grouping of adjacent land areas with a common landowner or with common ownership rights. No solar energy system shall be constructed with a combined energy rating capacity of 30 megawatts ac or more unless it is part of an existing electric generating facility as of the effective date of this section.
      (7)   Setback. All structures and activity areas shall be set back a minimum of 20 feet from similarly zoned properties and 50 feet from residential zoning properties.
      (8)   Screening. Any solar energy system shall be visually screened from adjacent public roads and residences by berms, plantings, and natural topographic features to provide screening and to ensure the health, safety, and welfare of residents and motorists.
      (9)   Fencing. Such uses shall be enclosed by a fence seven feet in height for the entire periphery of the development. Fences shall be adequate to prevent trespassing and shall be placed no closer than 50 feet to the top or bottom of any slope.
      (10)   Height. Any hardware or structure installed shall not exceed 15 feet in height with the exception of utility poles, substation equipment or temporary maintenance buildings or trailers.
      (11)   Utilities. All on-site utility and transmission lines, to the extent feasible, shall be placed underground.
      (12)   Herbicide. Any use of herbicides in controlling ground cover must receive prior, written approval from the City.
      (13)   Noise. No solar energy system shall produce noise from transformers or other electrical equipment that exceeds 55 dB as measured at the property line or 50 dB as measured at the nearest neighboring building. An independent noise study may be required to document compliance as part of the approval process.
      (14)   Glare. All solar energy systems shall be designed and located in order to minimize reflective glare toward any inhabited buildings on adjacent properties as well as adjacent street rights-of-way. Any glare resulting from the solar development will be mitigated through vegetative screening or otherwise blocked.
      (15)   Safety. The applicant shall provide appropriate training to City safety personnel, including City police and fire, to address the general and specific hazards of the solar energy system and shall cooperate with such safety personnel in developing an emergency response plan. All gated ingress/egress shall have Knox boxes for public safety personnel.
      (16)   Maintenance. Solar energy systems and related components shall be maintained and kept in operation. The owner of any solar energy system shall notify the City immediately upon cessation or abandonment of the operation. Any solar energy systems and related components that remain nonfunctioning or inoperative for a continuous period of six months shall be deemed abandoned, constitute a public nuisance, and shall be subject to abatement.
      (17)   Decommissioning. Prior to commencement of commercial operations, the owner shall provide financial security in a form acceptable to the City equal to 120% of the estimated expense, net salvage value, to dismantle and remove the solar energy structures, including all buried utility and transmission lines on the property utilized for such systems. The applicant may apply for the release and return of such financial security at such time that it or its assignee removes the solar energy system and associated structures, and such removal is found to be satisfactory to the City. The requirement for financial security may be waived by the Planning and Zoning Administrator upon the reasonable satisfaction of the owner's net worth. The requirement for financial security may be waived by the Planning and Zoning Administrator for an applicant duly authorized to furnish to the public, under public regulation, electricity, gas, steam, telephone, or water, who has provided reasonable assurances that the commercial solar farm will be satisfactorily decommissioned upon the end of its useful life.
      (18)   Floodplain. No portion of a solar energy system shall be erected in a floodplain unless a feasibility study has been conducted that shows how it may be accommodated.
   (c)   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. 02-2025. Passed 2-20-25.)