(a)   Intent. This district has been established to provide for residential neighborhoods comprised of single-family dwellings on large tracts. Customary activities and accessory uses compatible with such neighborhoods are permitted. Only one principal building shall be permitted on a lot.

   (b)   Principal Permitted Uses. Only those uses set forth below which continuously conform to all the requirements of divisions (c) through (f) of this section shall be permitted:

      (1)   Single-family dwellings.

      (2)   Primary, intermediate, and/or secondary schools.

      (3)   Publicly-owned and operated buildings and facilities.

      (4)   Places of worship.

      (5)   Public parks, playgrounds, and/or community centers.

      (6)   Other similar uses as determined by the Zoning Administrator.

   (c)   Permitted Accessory Uses. The following are permitted accessory uses:

      (1)   Accessory uses, buildings or other structures customarily incidental to any permitted principal use, provided that such accessory use shall not involve outdoor storage or the conduct of any business, trade or industry. Permitted accessory uses, buildings or structures are limited to the following:

         A.   One detached garage or carport.

         B.   One completely enclosed structure for storage incidental to the principal residence.

         C.   One guest house, without kitchen facilities, or rooms for guests in an accessory building, provided such facilities are used for the occasional housing of non- paying guests of the occupants of the principal building, and not for permanent occupancy.

         D.   One swimming pool, as regulated in Chapter 1432 and related sections.

         E.   A child's playhouse or tree house.

         F.   Fences, walls and hedges as regulated under Section 1256.11.

         G.   Two items of major recreational equipment.

         H.   Statuary, arbors, trellises, barbecue equipment, flagpoles and clotheslines.

         I.   Underground fallout or storm shelters.

         J.   Child care centers accessory to churches or schools.

         K.   Other similar uses as determined by the Zoning Administrator.

         L.   Bed and breakfast.

      (2)   Home occupations as regulated in Section 1258.02.

      (3)   Temporary buildings for uses incidental to construction work on the site, which buildings shall be removed on the completion or cessation of the construction work.

      (4)   Off-street parking as regulated in Chapter 1262.

   (d)   Development Standards. All development in the R-E Zoning District shall be subject to the applicable provisions of Chapters 1254 through 1266, and Chapter 1280 of this Zoning Code.

   (e)   Height Regulations. No structure shall exceed 35 feet in height.

   (f)   Lot Area, Floor Area, Frontage and Yard Requirements. The following minimum requirements shall be observed for all uses within the R-E Single-Family Residential District:

      (1)   Lot area: 20,000 sq. ft.;

      (2)   Conditioned floor area: 2,500 sq. ft.;

      (3)   Lot frontage: 100 ft.;

      (4)   Required front yard: 50 ft.;

      (5)   Required side yard-least width: 12 ft. and total combined side widths 25 ft.;

      (6)   Required rear yard: 40 ft.

(Ord. 16-2003. Passed 5-1-03; Ord. 38-2003. Passed 11-20-03; Ord. 04-2016. Passed 4-7-16; Ord. 06-2017. Passed 5-18-17.)

   (a)   Intent. This district has been established to provide for residential neighborhoods comprised of single-family dwellings on average-sized lots. Customary activities and accessory uses compatible with such neighborhoods are permitted. Only one principal building is permitted on a lot.

   (b)   Principal Permitted Uses. Only those uses set forth below which continuously fulfill all the requirements of divisions (c) through (f) of this section shall be permitted:

      (1)   Single-family dwellings.

      (2)   Primary, intermediate, and/or secondary schools.

      (3)   Publicly-owned and operated buildings and facilities.

      (4)   Places of worship.

      (5)   Public parks, playgrounds, and/or community centers.

      (6)   Other similar uses as determined by the Zoning Administrator.

   (c)   Permitted Accessory Uses. The following are permitted accessory uses:

      (1)   Accessory uses, buildings or other structures customarily incidental to any permitted principal use, shall be permitted, provided that such accessory use shall not involve outdoor storage or the conduct of any business, trade or industry. Permitted accessory uses, buildings, or structures are limited to the following:

         A.   One detached garage or carport.

         B.   One completely enclosed structure for storage incidental to the principal residence.

         C.   One swimming pool, as regulated in Chapter 1432 and related sections.

         D.   A child's playhouse or tree house.

         E.   Fences, walls and hedges as regulated under Section 1256.11.

         F.   Two items of major recreational equipment.

         G.   Statuary, arbors, trellises, barbecue equipment, flagpoles and clotheslines.

         H.   Underground fallout or storm shelters.

         I.   Child care centers accessory to churches or schools.

         J.   Other similar uses as determined by the Zoning Administrator.

         K.   Bed and breakfast.

      (2)   Home occupations as regulated in Section 1258.02.

      (3)   Temporary buildings for uses incidental to construction work on the site, which buildings shall be removed on the completion or cessation of the construction work.

      (4)   Off-street parking as regulated in Chapter 1262.

   (d)   Development Standards. All development in the R-1 Zoning District shall be subject to the applicable provisions of Chapters 1254 through 1266 and Chapter 1280 of this Zoning Code.

   (e)   Height Regulations. No structure shall exceed 35 feet in height.

      (1)   Lot area: 15,000 sq. ft.;

      (2)   Conditioned floor area: 2,200 sq. ft. Residences constructed before the adoption of this section shall not be considered legally non-conforming based on conditioned floor area provided they contain more than 1,600 square feet of conditioned floor area;

      (3)   Lot frontage: 90 ft.;

      (4)   Required front yard: 35 ft.;

      (5)   Required side yard-least width: 8 ft. and total combined side widths 20 ft.;

      (6)   Required rear yard: 40 ft.

(Ord. 16-2003. Passed 5-1-03; Ord. 38-2003. Passed 11-20-03; Ord. 04-2016. Passed 4-7-16; Ord. 06-2017. Passed 5-18-17.)

   (a)   Intent. This district has been established to provide for residential neighborhoods comprised of single-family dwellings on average-sized lots with reduced frontage. Customary activities and accessory uses compatible with such neighborhoods are permitted. Only one principal building is permitted on a lot.

   (b)   Principal Permitted Uses. The following are principal permitted uses:

      (1)   Single-family dwellings.

      (2)   Primary, intermediate, and/or secondary schools.

      (3)   Publicly-owned and operated buildings and facilities.

      (4)   Places of worship.

      (5)   Public parks, playgrounds, and/or community centers.

      (6)   Other similar uses as determined by the Zoning Administrator.

   (c)   Permitted Accessory Uses. The following are permitted accessory uses:

      (1)   Accessory uses, buildings or other structures customarily incidental to the principal permitted use are permitted, provided that such accessory use shall not involve outdoor storage or the conduct of any business, trade or industry. Permitted accessory uses, buildings, or structures are limited to the following:

         A.   One detached garage or carport.

         B.   One completely enclosed structure for storage incidental to the principal residence.

         C.   One swimming pool, as regulated in Chapter 1432 and related sections.

         D.   Child's playhouses or tree houses.

         E.   Fences, walls and hedges as regulated under Section 1256.11.

         F.   Two items of major recreational equipment.

         G.   Statuary, arbors, trellises, barbecue equipment, flagpoles and clotheslines.

         H.   Underground fallout or storm shelters.

         I.   Child care centers accessory to churches or schools.

         J.   Other similar uses as determined by the Zoning Administrator.

         K.   Bed and breakfast.

      (2)   Home occupations as regulated in Section 1258.02.

      (3)   Temporary buildings for uses incidental to construction work on the site, which buildings shall be removed on the completion or cessation of the construction work.

      (4)   Off-street parking as regulated in Chapter 1262.

   (d)   Development Standards. All development in the R-2 Zoning District shall be subject to the provisions of Chapters 1254 through 1266, and Chapter 1280 of this Zoning Code.

   (e)   Height Regulations. No structure shall exceed 35 feet in height.

      (1)   Lot area: 10,000 sq. ft.;

      (2)   Conditioned floor area: 1,600 sq. ft. Residences constructed before the adoption of this section shall not be considered legally non-conforming based on conditioned floor area provided they contain more than 1,200 square feet of conditioned floor area;

      (3)   Lot frontage: 70 ft.;

      (4)   Required front yard: 35 ft.;

      (5)   Required side yard-least width: 8 ft. and total combined widths 20 ft.;

      (6)   Required rear yard: 40 ft.

(Ord. 16-2003. Passed 5-1-03; Ord. 38-2003. Passed 11-20-03; Ord. 04-2016. Passed 4-7-16; Ord. 06-2017. Passed 5-18-17.)

   (a)   Intent. This district has been established to provide for residential neighborhoods comprised of single-family, two-family, and three-family dwellings on compact lots. Customary activities and accessory uses compatible with such neighborhoods are permitted. Only 1 principal building is permitted on a lot.

   (b)   Principal Permitted Uses. Only those uses below that continuously satisfy all the requirements of divisions (c) through (f) of this section shall be permitted:

      (1)   Single-, two-, and three-family dwellings.

      (2)   Primary, intermediate, and/or secondary schools.

      (3)   Publicly-owned and operated buildings and facilities.

      (4)   Places of worship.

      (5)   Public parks, playgrounds, and/or community centers.

      (6)   Other similar uses as determined by the Zoning Administrator.

   (c)   Permitted Accessory Uses. The following are permitted accessory uses:

      (1)   Accessory uses, buildings or other structures customarily incidental to each principal permitted use are permitted, provided that such accessory use shall not involve outdoor storage or the conduct of any business, trade or industry. Permitted accessory uses, buildings, or structures are limited to the following:

         A.   One detached garage or carport per living unit.

         B.   One completely enclosed structure for storage.

         C.   One swimming pool, as regulated in Chapter 1432 and related sections.

         D.   One child's playhouse or tree house.

         E.   Fences, walls and hedges as regulated under Section 1256.11.

         F.   One item of major recreational equipment per living unit.

         G.   Statuary, arbors, trellises, barbecue equipment, flagpoles and clotheslines.

         H.   Child care centers accessory to churches or schools.

         I.   Other similar uses as determined by the Zoning Administrator.

      (2)   Home occupations as regulated in Section 1258.02.

      (3)   Temporary buildings for uses incidental to construction work on the site, which buildings shall be removed on the completion or cessation of the construction work.

      (4)   Off-street parking as regulated in Chapter 1262.

   (d)   Development Standards. All development in the R-3 Zoning District shall be subject to the applicable provisions of Chapters 1254 through 1266 and Chapter 1280 of this Zoning Code.

   (e)   Height Regulations. No structure shall exceed 35 feet in height.

         A.   Conditioned floor area - 1,200 sq. ft. Single family residences constructed before the adoption of this section shall not be considered legally non-conforming based on conditioned floor area provided they contain more than 1,000 square feet of conditioned floor area;

         B.   Lot area: 7,500 sq. ft.;

         C.   Lot frontage: 60 ft.;

         D.   Required front yard: 35 ft.;

         E.   Required side yard: least width 6 ft. and combined widths 15 ft.;

         F.   Required rear yard: 40 ft.

         A.   Conditioned floor area per unit - 800 sq. ft.;

         B.   Lot area: 10,000 sq. ft.;

         C.   Lot frontage: 80 ft.;

         D.   Lot area per unit: 5,000 sq. ft.;

         E.   Required front yard: 35 ft.;

         F.   Required side yard: least width 6 ft. and combined widths 15 ft.;

         G.   Required rear yard: 40 ft.

         A.   Conditioned floor area per unit - 700 sq. ft.;

         B.   Lot area: 15,000 sq. ft.;

         C.   Lot frontage: 80 ft.;

         D.   Lot area per unit: 5,000 sq. ft.;

         E.   Required front yard: 35 ft.;

         F.   Required side yard: least width 6 ft. and combined widths 15 ft.;

         G.   Required rear yard: 40 ft.

(Ord. 16-2003. Passed 5-1-03; Ord. 38-2003. Passed 11-20-03; Ord. 06-2017. Passed 5-18-17.)

   (a)   Intent. This district has been established to provide for residential neighborhoods comprised of single-family, two-family and multiple-family dwellings. Customary activities and accessory uses compatible with such neighborhoods are permitted. Only 1 principal building is permitted on a lot.

   (b)   Principal Permitted Uses. The following are principal permitted uses:

      (1)   Single-family, two-family, and multi-family dwellings.

      (2)   Primary, intermediate, and/or secondary schools.

      (3)   Publicly-owned and operated buildings and facilities.

      (4)   Places of worship.

      (5)   Public parks, playgrounds, and/or community centers.

      (6)   Other similar uses as determined by the Zoning Administrator.

   (c)   Accessory Uses.. The following are permitted accessory uses:

      (1)   Accessory uses, buildings or other structures customarily incidental to each principal permitted use, provided that such accessory use shall not involve outdoor storage or the conduct of any business, trade or industry. Such accessory uses, buildings, or structures may include the following:

         A.   One detached garage or carport per living unit.

         B.   One completely enclosed structure for storage.

         C.   One swimming pool, as regulated in Chapter 1432 and related sections.

         D.   One child's playhouse or tree house.

         E.   Fences, walls and hedges as regulated under Section 1256.11.

         F.   One item of major recreational equipment per living unit.

         G.   Statuary, arbors, trellises, barbecue equipment, flagpoles and clotheslines.

         H.   Child care centers accessory to churches or schools.

         I.   Other similar uses as determined by the Zoning Administrator.

      (2)   Home occupations as regulated in Section 1258.02.

      (3)   Temporary buildings for uses incidental to construction work on the site, which buildings shall be removed on the completion or cessation of the construction work.

      (4)   Off-street parking as regulated in Chapter 1262.

   (d)   Development Standards. All development in the R-4 Zoning District shall be subject to the applicable provisions of Chapters 1254 through 1266 and Chapter 1280 of this Zoning Code.

   (e)   Height Regulations. No structure shall exceed 35 feet in height.

         A.   Conditioned floor area: 1,200 sq. ft. Single family residences constructed before the adoption of this section shall not be considered legally non-conforming based on conditioned floor area provided they contain more than 1,000 square feet of conditioned floor area;

         B.   Lot area: 7,500 sq. ft.;

         C.   Lot frontage: 60 ft.;

         D.   Lot area per unit: 7,500 sq. ft.;

         E.   Required front yard: 35 ft.;

         F.   Required side yards: least width 6 ft. and combined widths 15 ft.;

         G.   Required rear yard: 40 ft.;

         A.   Conditioned floor area per unit: 700 sq. ft.;

         B.   Lot area: 10,000 sq. ft.;

         C.   Lot frontage: 80 ft.;

         D.   Lot area per unit: 5,000 sq. ft.;

         E.   Required front yard: 35 ft.;

         F.   Required side yards: least width 6 ft. and combined widths 15 ft.;

         G.   Required rear yard: 40 ft.

         A.   Conditioned floor area per unit: 700 sq. ft.;

         B.   Lot area: 15,000 sq. ft.;

         C.   Lot frontage: 80 ft.;

         D.   Lot area per unit: 5,000 sq. ft.;

         E.   Required front yard: 35 ft.;

         F.   Required side yards: least width 10 ft. and combined widths 20 ft.;

         G.   Required rear yard: 40 ft.

         A.   Conditioned floor area per unit: 700 sq. ft.;

         B.   Lot area: 20,000 sq. ft.;

         C.   Lot frontage: 80 ft.;

         D.   Lot area per unit: 5,000 sq. ft.;

         E.   Required front yard: 35 ft.;

         F.   Required side yards: least width 10 ft. and combined widths 20 ft.;

         G.   Required rear yard: 40 ft.

         A.   Conditioned floor area per unit: No minimum;

         B.   Lot area: 7,500 sq. ft.;

         C.   Lot frontage: 80 ft.;

         D.   Required front yard: 35 ft.;

         E.   Required side yards: least width 10 ft. and combined widths 20 ft.;

         F.   Required rear yard: 40 ft.

(Ord. 16-2003. Passed 5-1-03; Ord. 38-2003. Passed 11-20-03; Ord. 06-2017. Passed 5-18-17.)

   (a)   Intent. This district has been established to provide for areas in which a mixture of residential, small-scale office and professional service establishments are desired. It is intended that this district be used for transition areas between established residential neighborhoods and nonresidential uses and for areas along major thoroughfares. It is also intended that the appearance, character and activity level of such areas be compatible with nearby residential areas.

   (b)   Principal Permitted Uses. Only those uses below that continuously satisfy all the requirements of divisions (c) through (h) of this section shall be permitted.

      (1)   Single-family dwellings.

      (2)   Two-family dwellings.

      (3)   Home occupations, including bed and breakfast operations, complying with the provisions of this district rather than those set forth for strictly residential districts.

      (4)   Banks and financial institutions.

      (5)   Barber and/or beauty shops, shoe repair shops.

      (6)   Child care nurseries.

      (7)   Funeral homes (no ambulance service).

      (8)   Interior decorating shops.

      (9)   Places of worship.

      (10)   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.

      (11)   Publicly owned and operated buildings and facilities.

      (12)   Public parks, playgrounds, and/or community centers.

      (13)   Schools and colleges for academic instruction.

      (14)   Veterinarian offices provided that:

         A.   Offices 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 confinement of small animals under emergency treatment in facilities within the offices.

      (15)   Other similar uses as determined by the Zoning Administrator.

   (c)   Permitted Accessory Uses. The following are permitted accessory uses:

      (1)   Accessory uses, buildings, or other structures customarily incidental to a principal permitted use.

      (2)   Temporary buildings for uses incidental to construction work, which buildings shall be removed on the completion or abandonment of the construction work.

      (3)   Fences, walls and hedges as regulated under Section 1256.11.

      (4)   Off-street parking and loading as regulated under Chapters 1260 and 1262.

      (5)   Child care centers accessory to churches or schools.

      (6)   Other similar uses as determined by the Zoning Administrator.

   (d)   Required Conditions. No zoning certificate shall be issued for a use within the P-S District until the applicant shall have demonstrated or certified to the satisfaction of the Zoning Administrator that:

      (1)   All business activity shall be conducted wholly within a completely enclosed building.

      (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 a professional service character. Any retail sales shall be incidental to the provision of a professional service.

      (4)   No manufacturing, processing, packaging, repair, or treatment of goods shall be carried on.

      (5)   Exterior lighting shall be shaded wherever necessary to avoid casting direct light on any other property or on any public street.

      (6)   All exterior walks shall be of a durable and attractive hard surface material such as concrete, wood, tile, or terrazzo. Asphalt may be used only in areas subject to vehicular traffic.

      (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 home by the wind shall be kept to a minimum by appropriate landscaping, paving, or other acceptable means.

      (12)   There shall 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 shall be no vibration that can be detected without the use of instruments at or beyond the lot lines.

      (14)   Any nonresidential building shall front on a collector or arterial street with a right- of-way of 60 feet or more as established on the Official Thoroughfare Plan.

      (15)   The office establishment shall be conducted principally in daylight hours and shall not create a nuisance from noise, smoke or odor.

      (16)   No alteration of a residential structure shall be made which changes the essential appearance thereof as a dwelling.

      (17)   Any new construction shall have a scale and character comparable to the dominant form of residential structures in the area.

   (e)   Development Standards. All development in the P-S Professional Service District shall conform to the provisions of Chapters 1256 through 1266 and Chapter 1280 of this Zoning Code.

   (f)   Height Regulations. No structure shall exceed 35 feet in height.

   (g)   Lot Area, Floor Area, Frontage and Yard Requirements. The following minimum requirements shall be observed for all uses within the P-S Professional Service District:

 

 

   (h)   Maximum Lot Coverage by all Buildings. 40% of lot area.

(Ord. 16-2003. Passed 5-1-03; Ord. 23-2006. Passed 9-21-06; Ord. 03-2017. Passed 4-6-17.)

   (a)   Intent. This district has been established to provide for areas of office and institutional uses in structures larger in scale than those intended for the P-S District. This district is best suited at locations along major thoroughfares. Because of the greater compatibility between office and institutional uses and residential uses, this district can be used as a buffer or transitional use between other more intense nonresidential land uses and residential uses.

   (b)   Principal Permitted Uses. Only those uses below that continuously satisfy all the requirements of divisions (c) through (h) of this section shall be permitted.

      (1)   Office buildings.

      (2)   Art galleries, libraries, and museums.

      (3)   Artist, sculptor, and composer studios.

      (4)   Banks and financial institutions.

      (5)   Child care nursery.

      (6)   Funeral homes.

      (7)   Hospitals.

      (8)   Libraries and reading rooms.

      (9)   Medical, dental and vision clinics.

      (10)   Medical research facilities.

      (11)   Nursing homes, rest homes, and convalescent homes.

      (12)   Radio and television broadcasting studios.

      (13)   Research and development laboratories.

      (14)   School and educational services.

      (15)   Veterinarian offices provided that:

         A.   Offices shall be housed in a completely enclosed and soundproof building.

         B.   Services will be on a strictly out-patient basis with no raising, breeding, and boarding of animals, except for the confinement of small animals under emergency treatment in facilities within the office.

      (16)   Rooming houses.

      (17)   Places of worship.

      (18)   Publicly owned and operated buildings and facilities.

      (19)   Other similar uses as determined by the Zoning Administrator.

   (c)   Permitted Accessory Uses. The following are permitted accessory uses:

      (1)   Accessory uses, buildings, or other structures customarily incidental to any aforesaid permitted use.

      (2)   Temporary buildings for uses incidental to construction work, which buildings shall be removed on the completion or abandonment of the construction work.

      (3)   Fences, walls and hedges as regulated under Section 1256.11.

      (4)   Off-street parking and loading as regulated under Chapters 1260 and 1262.

      (5)   Child care centers accessory to churches, schools or medical facilities.

      (6)   Other similar uses as determined by the Zoning Administrator.

   (d)   Required Conditions. No zoning certificate shall be issued for a use within the O Office District, until the applicant shall have certified to the Zoning Administrator that:

      (1)   The permitted activity will be conducted wholly within a completely enclosed building. No outdoor dismantling, wrecking, or storage of automotive vehicles, parts or accessories shall be permitted.

      (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 businesses shall be of an office or service character. No retail trade with the general public shall be carried on, and no stock of goods shall be maintained for sale to customers, except as incidental to the provision of professional services.

      (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 on any other property or on 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 O Office 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 become a nuisance to occupants of surrounding properties.

      (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 shall 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 shall be no vibration that can be detected without the use of instruments at or beyond the lot lines.

   (e)   Development Standards. All development in the O Office District shall conform to the provisions of Chapters 1256 through 1266 and Chapter 1280 of this Zoning Code.

   (f)   Height Regulations. No structure shall exceed 35 feet in height.

   (g)   Lot Area, Frontage, and Yard Requirements.

      (1)   The following minimum requirements shall be observed for business uses within the O Office District:

 

 

      (2)   The following minimum requirements shall be observed for single and two-family residential uses within the O Office District:

 

 

      (3)   The following additional minimum requirements shall apply:

 

 

   (h)   Maximum Lot Coverage by all Buildings. 50% of lot area.

(Ord. 16-2003. Passed 5-1-03; Ord. 23-2006. Passed 9-21-06; Ord. 03-2017. Passed 4-6-17.)

   (a)   Intent. This district has been established to provide for relatively small business and service establishments conducted within an enclosed building and operating in response to the daily needs of the residents of surrounding residential neighborhoods. Uses in this district are intended to be minor traffic generators located on the major streets or thoroughfares at or near access points serving residential areas. Where possible, the C-I District should be configured to cluster businesses rather than extend them in strips along street frontage. Clustering should be internally organized to minimize any detrimental effect on surrounding residential areas, to minimize curb cuts, and to facilitate pedestrian access.

   (b)   Principal Permitted Uses. Only those uses enumerated below, which continuously satisfy all the requirements of divisions (c) through (h) of this section shall be permitted. The principal business shall be conducted wholly within a completely enclosed building except as otherwise provided in this Zoning Code:

      (1)   Antiques and collectibles shops

      (2)   Art and school supply shops.

      (3)   Art galleries, libraries, and museums.

      (4)   Artist, sculptor, and composer studios.

      (5)   Bakeries, retail.

      (6)   Banks and financial institutions.

      (7)   Barber and beauty shops.

      (8)   Bicycle sales and repair shops.

      (9)   Blueprinting, photocopying and photo finishing service.

      (10)   Bookstores, newsstands and card shops.

      (11)   Bridal shops and consultants.

      (12)   Business and professional offices.

      (13)   Camera and photo supply shops.

      (14)   Candy and confectionery shops.

      (15)   Carry-out convenience store, without drive-through.

      (16)   Child care nurseries.

      (17)   China and glassware stores.

      (18)   Cigarette, cigar, and tobacco shops.

      (19)   Community centers.

      (20)   Dairy product stores, retail.

      (21)   Delicatessens.

      (22)   Drug stores, medical/optical goods.

      (23)   Dry cleaning and laundry facilities, self-service.

      (24)   Dry cleaning and laundry plants and pick-up stations.

      (25)   Eating place No. 1.

      (26)   Eating place No. 2.

      (27)   Eating place, carry-out.

      (28)   Florists.

      (29)   Food stores, up to a maximum of 8,000 square feet of floor area.

      (30)   Funeral homes.

      (31)   Furniture and upholstery repair services.

      (32)   Gift and novelty shops.

      (33)   Hardware, paint, glass and wallpaper stores.

      (34)   Hobby shops.

      (35)   Interior decorating shops.

      (36)   Jewelry shops.

      (37)   Leather goods and luggage shops.

      (38)   Libraries and reading rooms.

      (39)   Locksmiths.

      (40)   Medical and dental clinics.

      (41)   Medical research facilities.

      (42)   Millinery (haberdashery) shops.

      (43)   Music and musical instrument stores.

      (44)   Newspaper substations.

      (45)   Nursing homes, rest homes and convalescent homes.

      (46)   Offices, business or professional.

      (47)   Places of worship.

      (48)   Publicly owned and operated buildings and facilities.

      (49)   Radio and television broadcasting studios.

      (50)   Research and development laboratories.

      (51)   Restaurants.

      (52)   Rooming houses.

      (53)   School and educational services.

      (54)   Shoe repair shops.

      (55)   Tailoring, dressmaking and seamstress services.

      (56)   Telegraph and e-mail message centers.

      (57)   Taxidermists.

      (58)   Used merchandise and consignment shops.

      (59)   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 confinement of small animals as necessary for emergency care or continuous treatment.

      (60)   Other similar uses as determined by the Zoning Administrator.

      (61)   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 customarily incidental to any of the foregoing permitted uses, limited to 1 accessory building occupying no more than 35% of the required rear yard area.

      (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.

      (5)   Off-street parking and loading as regulated in Chapters 1260 and 1262.

      (6)   Child care centers accessory to churches, schools or medical facilities.

      (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. No zoning certificate shall be issued for a use within the C-1 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 on any other property or on 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 or comfort, or to property or 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 shall 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 shall be no vibration which can be detected without the use of instruments at or beyond the lot lines.

   (e)   Development Standards. All development in the C-1 District shall conform to the provisions of Chapters 1256 through 1266 and Chapter 1280 of this Zoning Code.

   (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-I Convenience Commercial Zoning District:

 

 

   (h)   Maximum Lot Coverage by all Buildings. 40% of lot area.

(Ord. 16-2003. Passed 5-1-03; Ord. 23-2006. Passed 9-21-06; Ord. 08-2013. Passed 3-21- 13; Ord. 04-2016. Passed 4-7-2016; Ord. 03-2017. Passed 4-6-17.)

   (a)   Intent. This district has been established to provide for small-scale commercial activities serving the needs of the residents of the City and motorists passing through the City. This district is intended to allow a variety of uses while restricting certain uses to major thoroughfares at or near strategic access points, thereby minimizing potential adverse effects on residential property in the City. It is the intent of this district to encourage clustering of businesses in order to minimize conflicts with less intensive land uses, limit curb cuts and provide for safe pedestrian access.

   (b)   Principal Permitted Uses. Only the following uses, which continuously satisfy all the requirements of divisions (c) through (h) of this section shall be permitted in the C-2 District:

      (1)   Antique and collectibles shops.

      (2)   Apparel shops.

      (3)   Appliance sales and service.

      (4)   Art and school supply businesses.

      (5)   Art galleries, libraries, and museums.

      (6)   Artist, sculptor, and composer studios

      (7)   Automobile parts business, retail.

      (8)   Automobile service stations and/or car washes.

      (9)   Automobile upholstery shops.

      (10)   Bakeries, retail.

      (11)   Banks and financial institutions.

      (12)   Barber and beauty schools.

      (13)   Barber and beauty shops, shoe repair shops.

      (14)   Bicycle sales, rental, or repair.

      (15)   Blueprinting, photocopying, and photo finishing service.

      (16)   Body piercing studios.

      (17)   Book stores, newsstands and card shops.

      (18)   Bridal consultants.

      (19)   Building supply stores.

      (20)   Business machines, sales and service.

      (21)   Camera and photo supply shops.

      (22)   Candy and confectionery shops.

      (23)   Carpet and floor covering business.

      (24)   Carry-out convenience store, without drive-through.

      (25)   Catering services.

      (26)   Check-cashing establishments.

      (27)   Child care nursery

      (28)   China and glassware stores.

      (29)   Cigarette, cigar and tobacco shops.

      (30)   Clothing and shoe stores.

      (31)   Community centers.

      (32)   Costume rental shops.

      (33)   Dairy product businesses, retail.

      (34)   Dance schools.

      (35)   Data processing centers.

      (36)   Delicatessens.

      (37)   Drapery businesses.

      (38)   Dressmaking and seamstress services.

      (39)   Driver training schools.

      (40)   Drug stores.

      (41)   Self-service dry cleaning and laundry facilities.

      (42)   Dry cleaning and laundry plants and pick-up stations.

      (43)   Dry goods stores.

      (44)   Eating places No. 1.

      (45)   Eating places No. 2.

      (46)   Eating places, carry-out.

      (47)   Eating places, drive-in.

      (48)   Farm supply stores.

      (49)   Florists.

      (50)   Food stores.

      (51)   Funeral homes.

      (52)   Furniture and home furnishings stores.

      (53)   Furniture and upholstery repair services.

      (54)   Garden stores, garden centers and greenhouses, indoor only.

      (55)   Gift and novelty shops.

      (56)   Grocery stores.

      (57)   Hardware, paint, glass and wallpaper stores.

      (58)   Health studios and spas.

      (59)   Heating, air conditioning, electrical and plumbing sales.

      (60)   Hobby shops.

      (61)   Hotels and motels.

      (62)   Indoor commercial recreation facilities; wholly enclosed places of recreation or entertainment such as billiard rooms, bowling alleys, skating rinks, and tennis courts.

      (63)   Interior decorating shops.

      (64)   Jewelry shops.

      (65)   Lawn and garden shops.

      (66)   Leather goods and luggage shops.

      (67)   Libraries and reading rooms.

      (68)   Liquor sales.

      (69)   Locksmiths.

      (70)   Magazine distribution agencies.

      (71)   Mail order catalogue stores.

      (72)   Medical and dental clinics.

      (73)   Medical research facilities.

      (74)   Millinery (haberdashery) shops.

      (75)   Music and musical instrument stores.

      (76)   Newspaper substations.

      (77)   Business and professional offices.

      (78)   Office furniture and supply stores.

      (79)   Optical goods businesses.

      (80)   Party supply businesses.

      (81)   Pawn shops.

      (82)   Pet sales and supply shops.

      (83)   Photo studios.

      (84)   Produce sales.

      (85)   Publicly owned and operated buildings and facilities.

      (86)   Radio and television broadcasting studios.

      (87)   Radio and television sales and service.

      (88)   Research and development laboratories.

      (89)   Schools and educational services.

      (90)   Service clubs.

      (91)   Shoe stores.

      (92)   Sporting goods stores.

      (93)   Tailoring, dressmaking and seamstress shops.

      (94)   Tattoo parlors.

      (95)   Taxidermists.

      (96)   Telegraph and e-mail message centers.

      (97)   Tire sales and service.

      (98)   Trading stamp redemption stores.

      (99)   Travel bureaus and ticket offices.

      (100)   Used merchandise and consignment shops.

      (101)   Variety stores.

      (102)   Veterinarian offices and kennels.

      (103)   Watch, clock and jewelry sales and service.

      (104)   Wig shops.

      (105)   Window cleaning services.

      (106)   Other similar uses as determined by the Zoning Administrator.

      (107)   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 customarily incidental to any of the foregoing permitted uses, limited to 1 accessory building occupying no more than 35% of the required rear yard area.

      (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.

      (5)   Off-street parking and loading as regulated in Chapters 1260 and 1262.

      (6)   Child care centers accessory to schools or medical facilities.

      (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. No zoning certificate shall be issued for a use within the C-2 District until the applicant certifies in writing or demonstrates to the Zoning Administrator that:

      (1)   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.

      (2)   All business shall be of retail, service or recreational character.

      (3)   No manufacturing, processing, packaging, repair, or other 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.

      (4)   Exterior lighting shall be shielded as necessary to avoid casting direct light onto any property located in a residential district or onto any public street.

      (5)   All exterior walks shall be of a durable hard surface material such as concrete, asphalt, wood, tile, or terrazzo.

      (6)   All grounds shall be attractively planted and landscaped and maintained as such.

      (7)   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.

      (8)   No noise from any operation conducted on the premises, either continuous or intermittent, shall violate the provisions of Chapter 1264.

      (9)   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 emission 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.

      (10)   The emission of smoke or other 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.

      (11)   There shall be no emission of odors or odor-causing substances that can be detected without the use of instruments at or beyond the lot lines.

      (12)   There shall be no vibrations that can be detected without the use of instruments at or beyond the lot lines.

   (e)   Development Standards. All development in the C-2 District shall conform to the provisions of Chapters 1256 through 1266 and Chapter 1280 of this Zoning Code.

   (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-2 Highway Commercial District:

 

 

   (h)   Maximum Lot Coverage by all Buildings. 40% of lot area.

(Ord. 16-2003. Passed 5-1-03; Ord. 37-2005. Passed 12-15-05; Ord. 23-2006. Passed 9-21-06; Ord. 01-2013. Passed 1-17-13; Ord. 02-2013. Passed 1-17-2013; Ord. 07-2013. Passed 3-21-13; Ord. 08-2013. Passed 3-21-13; Ord. 04-2016. Passed 4-7-2016; Ord. 03- 2017. Passed 4-6-17.)

   (a)   Intent. This district has been established to provide for areas allowing both small and large-scale commercial activities that serve the needs of the residents of the City and surrounding areas. One purpose of this district is to limit large-scale businesses to locations at or near strategic multidirectional access points on major thoroughfares, thereby minimizing potential traffic congestion and other negative impacts. It is the intent of this district to encourage clustering of businesses in order to minimize conflicts with less intensive land uses, limit curb cuts and provide for safe pedestrian access.

   (b)   Principal Permitted Uses. Only the following uses, which continuously satisfy all the requirements of divisions (c) through (h) of this section shall be permitted in the C-3 District:

      (1)   Antique shops.

      (2)   Apparel shops.

      (3)   Appliance sales and service.

      (4)   Art and school supply businesses.

      (5)   Art galleries, libraries, and museums.

      (6)   Artist, sculptor, and composer studios.

      (7)   Automobile and truck sales.

      (8)   Automobile parts businesses, retail.

      (9)   Automobile and/or truck rental businesses.

      (10)   Automobile repair garages.

      (11)   Automobile service stations and car and/or truck washes.

      (12)   Automobile upholstery shops.

      (13)   Bakeries, retail.

      (14)   Banks and financial institutions.

      (15)   Barber and beauty schools.

      (16)   Barber and beauty shops.

      (17)   (Reserved)

      (18)   Bicycle sales, rental or repair.

      (19)   Blueprinting, photocopying, and photo finishing service.

      (20)   Book stores, newsstands and card shops.

      (21)   Bridal consultants.

      (22)   Building supply stores.

      (23)   Business machines, sales and service.

      (24)   Camera and photo supply shops.

      (25)   Candy and confectionery shops

      (26)   Carpet and floor covering business.

      (27)   Carry out convenience store, with or without drive-through.

      (28)   Catering services.

      (29)   Child care centers.

      (30)   China and glassware stores.

      (31)   Cigarette, cigar and tobacco shops.

      (32)   Clothing and shoe stores.

      (33)   Community centers.

      (34)   Costume rental shops.

      (35)   Dairy product businesses, retail.

      (36)   Dance schools.

      (37)   Data processing centers.

      (38)   Delicatessens.

      (39)   Department stores.

      (40)   Drapery businesses.

      (41)   Driver training schools.

      (42)   Drug stores.

      (43)   Self-service dry cleaning and laundry facilities.

      (44)   Dry cleaning and laundry plants and pick-up stations.

      (45)   Dry goods stores.

      (46)   Eating places No. 1.

      (47)   Eating places No. 2.

      (48)   Eating places, carry-out.

      (49)   Eating places, drive-in.

      (50)   Farm supply stores.

      (51)   Florists.

      (52)   Food stores.

      (53)   Furniture and home furnishings stores.

      (54)   Furniture and upholstery repair services.

      (55)   Funeral homes.

      (56)   Garden stores, garden centers, and greenhouses, indoor only.

      (57)   Gift and novelty shops.

      (58)   Grocery stores.

      (59)   Hardware, paint, glass and wallpaper stores.

      (60)   Health studios and spas.

      (61)   Heating, air conditioning, electrical, and plumbing sales and service.

      (62)   Hobby shops.

      (63)   Hospitals.

      (64)   Hotels and motels.

      (65)   Indoor commercial recreation facilities; wholly enclosed places of recreation or entertainment such as billiard rooms, bowling alleys, skating rinks, and tennis courts.

      (66)   Interior decorating shops.

      (67)   Jewelry shops.

      (68)   Lawn and garden stores.

      (69)   Leather goods and luggage shops.

      (70)   Libraries and reading rooms.

      (71)   Liquor sales.

      (72)   Locksmiths.

      (73)   Magazine distribution agencies.

      (74)   Mail order catalogue stores.

      (75)   Marine sales.

      (76)   Medical and dental clinics.

      (77)   Medical research facilities.

      (78)   Millinery (haberdashery) shops.

      (79)   Mobile home and trailer sales and service.

      (80)   Motion picture theatre, indoor only.

      (81)   Music and musical instrument stores.

      (82)   Newspaper substations.

      (83)   Offices, business and professional.

      (84)   Office furniture and supply stores.

      (85)   Optical goods businesses.

      (86)   Party supply businesses.

      (87)   Pet sales and supply shops.

      (88)   Photo studios.

      (89)   Produce sales.

      (90)   Publicly owned and operated buildings and facilities.

      (91)   Radio and television broadcasting studios.

      (92)   Radio and television sales and service.

      (93)   Research and development laboratories.

      (94)   School and educational services.

      (95)   Service clubs.

      (96)   Shoe repair shops.

      (97)   Shoe shops.

      (98)   Sporting goods stores.

      (99)   Tailoring, dressmaking and seamstress services.

      (100)   Taxidermists.

      (101)   Telegraph and e-mail message centers.

      (102)   Tent and awning sales and services.

      (103)   Tire sales and services.

      (104)   Trading stamp redemption stores.

      (105)   Travel bureaus and ticket offices.

      (106)   Used merchandise and consignment shops.

      (107)   Variety stores.

      (108)   Veterinarian offices and kennels.

      (109)   Watch, clock, and jewelry sales and service.

      (110)   Wig shops.

      (111)   Window cleaning services.

      (112)   Other similar uses as determined by the Zoning Administrator.

      (113)   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 customarily incidental to any of the foregoing permitted uses, limited to 1 accessory building occupying no more than 35% of the required rear yard area.

      (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.

      (5)   Off-street parking and loading as regulated in Chapters 1260 and 1262.

      (6)   Other similar uses as determined by the Zoning Administrator.

      (7)   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)(7)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. No zoning certificate shall be issued for a use within the C-3 District, until the applicant shall have certified to 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 1258.14. 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, service, or recreational 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 wherever necessary to avoid casting direct light on any property located in a residential district or on 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 of this Zoning Code.

      (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 emission could be produced as a result of accident or equipment malfunction, adequate safeguards considered suitable or safe operation in the business involved shall be taken.

      (11)   The emission of smoke or other 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 shall 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 shall be no vibrations that can be detected without the use of instruments at or beyond the lot lines.

   (e)   Development Standards. All development in the C-3 District shall conform to the provisions of Chapters 1256 through 1266 and Chapter 1280 of this Zoning Code.

   (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-3 District:

 

 

   (h)   Maximum Lot Coverage by all Buildings. 50% of lot area.

(Ord. 16-2003. Passed 5-1-03; Ord. 37-2005. Passed 12-15-05; Ord. 23-2006. Passed 9-21-06; Ord. 08-2013. Passed 3-21-13; Ord. 04-2016. Passed 4-7-16; Ord. 03-2017. Passed 4-6-17.)

   (a)   Intent. This 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. Permitted uses are conducted within enclosed buildings and are typically minor traffic generators.

   (b)   Principal Permitted Uses. Only the following uses, which continuously satisfy all the requirements of divisions (c) through (h) of this section shall be permitted in the C-4 District.

      (1)   Antique and collectibles shops.

      (2)   Art and school supply businesses.

      (3)   Art galleries, libraries and museums.

      (4)   Artist, sculptor and composer studios.

      (5)   Bakeries, retail.

      (6)   Banks and financial institutions.

      (7)   Barber and beauty shops, shoe repair shops.

      (8)   Bicycle sales, rental and repair.

      (9)   Blueprinting, photocopying and photo finishing service.

      (10)   Bookstores, newsstands and card shops.

      (11)   Bridal consultants.

      (12)   Camera and photo supply shops.

      (13)   Candy and confectionery shops.

      (14)   Check-cashing establishments.

      (15)   China and glassware stores.

      (16)   Delicatessens.

      (17)   Eating place No. 1.

      (18)   Eating places, carry-out.

      (19)   Florist.

      (20)   Gift and novelty shops.

      (21)   Hobby shops.

      (22)   Interior decorating shops.

      (23)   Jewelry shops.

      (24)   Leather goods and luggage shops.

      (25)   Millinery (haberdashery) shops.

      (26)   Music and musical instrument stores.

      (27)   Newspaper substations.

      (28)   Pawn shops.

      (29)   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.

      (30)   Places of worship.

      (31)   Publicly owned and operated buildings and facilities.

      (32)   Tailoring, dressmaking and seamstress services.

      (33)   Taxidermists.

      (34)   Telegraph and e-mail message centers.

      (35)   Other similar uses as determined by the Zoning Administrator.

      (36)   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 customarily incidental to any of the foregoing permitted uses, limited to 1 accessory building occupying no more than 35% of the required rear yard area.

      (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.

      (5)   Off-street parking and loading as regulated in Chapters 1260 and 1262.

      (6)   Child care centers accessory to churches, schools or medical facilities.

      (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. No zoning certificate shall be issued for a use within the C-4 District, until the applicant shall have certified to 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 1258.14. 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 this Zoning Code.

      (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.

   (e)   Development Standards. All development in the C-4 District shall conform to the provisions of Chapters 1256 through 1266 and Chapter 1280 of this Zoning Code.

   (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-4 District:

 

 

   (h)   Maximum Lot Coverage by all Buildings. 40% of lot area.

(Ord. 16-2003. Passed 5-1-03; Ord. 23-2006. Passed 9-21-06; Ord. 01-2013. 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.)

   (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.

      (5)   Off-street parking and loading as regulated in Chapters 1260 and 1262.

      (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.

   (e)   Development Standards. All development in the C-D District shall conform to the provisions of Chapters 1256 through 1266 and Chapter 1280 of this Zoning Code.

   (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:

 

 

   (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.)

   (a)   Intent. This district has been established to accommodate industrial uses that operate in a clean and quiet manner and generate only light to moderate amounts of traffic. Industries that deal with significant amounts of hazardous substances or emit noise, glare, dust, odor, smoke, or possess other offensive characteristics detrimental to surrounding land uses shall not be permitted. The I-P District is intended to aggregate clean, light industrial uses that primarily operate indoors. Land placed in this district should have reasonably level topography, public utilities and major transportation facilities readily available. Adjacency to residential districts should be minimized.

   (b)   Principal Permitted Uses. Only the following uses which continuously satisfy the requirements of divisions (c) through (g) of this section shall be permitted.

      (1)   Assembly, and/or packaging of articles or products from the following previously prepared substances: bone; canvas; cellophane; clay; cloth; cork; elastomers; feathers; felt; fiber; fur; glass; hair; horn; leather; paper; plastics; rubber; precious or semi-precious stone or metal; light metal products, excluding structural steel and foundry products; shell; textiles; wax; wire and wood.

      (2)   Assembly of the following:

         A.   Medical, dental, optical and similar precision instruments.

         B.   Musical instruments.

         C.   Orthopedic or medical appliances.

         D.   Watches or clocks, including clock operated devices.

      (3)   Awning companies.

      (4)   Bakeries, wholesale.

      (5)   Beverage distributors and/or bottling plants.

      (6)   Carpenter and cabinet shops.

      (7)   Carpet and rug cleaning plants.

      (8)   Cold storage plants.

      (9)   Commercial greenhouses.

      (10)   Commercial radio and television transmitting stations, antenna towers and other electronic equipment requiring outdoor towers.

      (11)   Credit unions.

      (12)   Electric supply companies.

      (13)   Manufacturing, assembling or repairing of electrical and electronic products, components and equipment assembly and repair.

      (14)   Food and/or beverage product processing, exclusive of slaughtering.

      (15)   Glass distributors.

      (16)   Labor union meeting halls.

      (17)   Machine shops and tool and die shops.

      (18)   Mail order houses.

      (19)   Monument sales and finishing.

      (20)   Offices.

      (21)   Printing, publishing, binding and typesetting plants.

      (22)   Recreational facilities, including adult entertainment facilities.

      (23)   Research and engineering laboratories.

      (24)   Self-storage facilities.

      (25)   Sign painting and manufacturing.

      (26)   Wholesale houses and associated storage facilities.

      (27)   Warehouses having a maximum lot coverage of 75%.

      (28)   Other similar uses as determined by the Zoning Administrator.

   (c)   Permitted Accessory Uses. The following are permitted accessory uses:

      (1)   Accessory uses, buildings, or other structures customarily incidental to any aforesaid permitted use.

      (2)   Temporary buildings for uses incidental to construction work, which buildings shall be removed on the completion or abandonment of the construction work.

      (3)   Fences, walls and hedges as regulated under Section 1256.11.

      (4)   Off-street parking and loading as regulated in Chapters 1260 and 1262.

      (5)   Child care centers serving only employees of the principal permitted use.

      (6)   Other similar uses as determined by the Zoning Administrator.

   (d)   Required Conditions. No zoning certificate shall be issued for a use within the I-P District until the applicant shall have demonstrated or certified to the satisfaction of the Zoning Administrator that:

      (1)   Where the property lines separate the I-P 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.

      (2)   No noise from any operation conducted on the premises, either continuous or intermittent, shall violate the provisions of this Zoning Code.

      (3)   No emission of toxic or noxious matter which is injurious to human health, comfort, or enjoyment of life and property or to animals 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 industry involved shall be taken.

      (4)   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 minimized by appropriate landscaping, paving, oiling or other effective means.

      (5)   The emission of odors or odor-causing substances shall not violate the standards and regulations of the Butler County Combined General Health District.

      (6)   There will be no vibrations that can be detected without the use of instruments at or beyond the lot lines.

      (7)   Any operation that produces intense glare or heat shall be performed within a completely enclosed building or structure and exposed sources of light shall be screened so as not to be detectable at the lot line.

      (8)   Exterior lighting shall be shaded wherever necessary to avoid casting direct light upon property located in any residential district or upon any public street.

      (9)   No building or structure shall be used for residential purposes except that security personnel may reside on the premises.

      (10)   All exterior walks shall be constructed of a durable hard surface material such as concrete, asphalt, wood, tile or terrazzo.

      (11)   All unpaved grounds shall be planted and landscaped.

      (12)   The storage, utilization, and manufacture of solid, liquid and gaseous chemicals and other materials shall be permitted subject to the following conditions:

         A.   The storage, utilization, or manufacture of solid materials or products ranging from free or active burning to intense burning is permitted, but only if said materials or products are stored, utilized or manufactured within completely enclosed buildings having incombustible exterior walls and protected throughout by an automatic fire extinguishing system.

         B.   All activities involving the use and/or storage and/or disposal of flammable liquids or materials which produce flammable or explosive vapors or gases shall be provided with adequate safety and protective devices against hazards of fire and explosion, as well as with adequate fire fighting and suppression equipment and devices standard to the industry involved.

         C.   The storage, utilization, or manufacture pyrophoric and explosive powders and dusts, and of materials and products that decompose by detonation is prohibited.

         D.   The manufacture of flammable liquids or materials that produce flammable or explosive vapors or gases is prohibited.

         E.   The storage and utilization of flammable liquids or materials that produce flammable or explosive vapors or gases may be permitted in strict conformance with the applicable regulations set forth in the Ohio Rules and Regulations of the Division of the State Fire Marshal for the Manufacture, Storage, Handling, Sale and Transportation of Flammable and Combustible Liquids.

      (13)   The handling of radioactive materials, the discharge of such materials into air and water and the disposal of radioactive wastes shall be in strict conformance with:

         A.   The applicable regulations of the Energy Research and Development Administration.

         B.   The applicable regulations of any instrumentality of the State of Ohio.

      (14)   Material or merchandise stored or stockpiled in unsheltered storage bins or outside storage piles or pits shall not exceed a height limit of 20 feet above normal ground level at that point and said storage area shall not be located closer than 50 feet from any property zoned for residential purposes.

   (e)   Development Standards. All development in the I-P District shall conform to the provisions of Chapters 1256 through 1266 and Chapter 1280 of this Zoning Code.

   (f)   Height Regulations. No structure shall exceed 60 feet in height.

   (g)   Lot Area, Frontage, and Yard Requirements. The following minimum requirements shall be observed for all uses within the I-P Industrial Park District:

 

 

   (h)   Maximum Lot Coverage by the Principal Building. 50% of lot area.

(Ord. 16-2003. Passed 5-1-03; Ord. 37-2005. Passed 12-15-05; Ord. 23-2006. Passed 9-21-06; Ord. 01-2013. Passed 1-17-13; Ord. 02-2013. Passed 1-17-13; Ord. 14-2017. Passed 8-3-17.)

      (1)   Any use permitted in the I-P Industrial Park District

      (2)   Any of the following uses:

         A.   Asphalt or asphalt product manufacturing.

         B.   Boiler shops.

         C.   Bulk storage of chemicals, except as applicable under Section 1252.15.

         D.   Celluloid or cellulose products manufacturing.

         E.   Cement, lime or lime products manufacturing.

         F.   Chemical product compounding, processing and manufacturing.

         G.   Coke ovens.

         H.   Concrete mixing plants.

         I.   Data centers.

         J.   Drop-forge plants.

         K.   Fat rendering.

         L.   Fertilizer manufacturing.

         M.   Foundries and foundry products.

         N.   Garbage or offal reduction or transfer.

         O.   Glue manufacturing.

         P.   Incinerators.

         Q.   Petroleum refining plants.

         R.   Rubber manufacturing from crude or scrap material or the manufacturing of articles therefrom.

         S.   Sawing and planing mills.

         T.   Self-storage facilities.

         U.   Soap and detergent manufacturing from raw materials.

         V.   Slaughterhouses.

         W.   Trucking and motor freight terminals.

         X.   Other similar uses as determined by the Zoning Administrator, not including mineral extraction, mineral processing, or mineral storage. Under this Zoning Code, mineral extraction, mineral processing, and/or mineral storage shall include, but not be limited to, the excavation, digging, mining, removal and/or processing of minerals, peat, earth, gravel, sand, clay, top soil, limestone, stone, or other soils or materials, including overburden, or the storage or transporting of such items on, to or from a mining site, or the reclamation of the site after removal excavation of such items.

      (1)   Accessory uses, buildings, or other structures customarily incidental to any aforesaid permitted use.

      (2)   Temporary buildings for uses incidental to construction work, which buildings shall be removed on the completion or abandonment of the construction work.

      (3)   Fences, walls and hedges as regulated under Section 1256.11.

      (4)   Off-street parking and loading as regulated in Chapters 1260 and 1262.

      (5)   Other similar uses as determined by the Zoning Administrator.

      (1)   Where the property lines separate the I-G District from a residential district, a visual mechanical barrier a minimum of eight 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 six feet in height with additional ground cover and/or landscaping that is a minimum of two feet in height. Note that a landscaped mound that is eight feet or taller shall negate the additional ground cover/landscaping requirement.

         D.   A combination of (d)(1)A., B. and/or C. above, or other suitable option, as approved by the Zoning Administrator.

      (2)   No noise from any operation conducted on the premises, either continuous or intermittent, shall violate the provisions of Chapter 1264 of this Zoning Code.

      (3)   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 industry involved shall be taken.

      (4)   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, oiling or other acceptable means.

      (5)   The emission of odors or odor-causing substances shall not violate the standards and regulations of the Butler County Combined General Health District.

      (6)   There will be no vibrations that can be detected without the use of instruments at or beyond the lot lines.

      (7)   Any operation that produces intense glare or heat shall be performed within a completely enclosed building or structure, and exposed sources of light shall be screened so as not to be detectable at the lot line.

      (8)   Exterior lighting shall be shaded wherever necessary to avoid casting direct light on property located in any residential district or on any public street.

      (9)   No building or structure shall be used for residential purposes except that a watchman or custodian may reside on the premises.

      (10)   The storage, utilization, and manufacture of solid, liquid, and gaseous chemicals and other materials shall be permitted subject to the following conditions:

         A.   The storage, utilization, or manufacture of solid materials or products ranging from free or active burning to intense burning is permitted only if said materials or products are stored, utilized, or manufactured within completely enclosed buildings having incombustible exterior walls and protected throughout by any automatic fire extinguishing system.

         B.   All activities involving the use and/or storage and/or disposal of flammable liquids or materials which produce flammable or explosive vapors or gases shall be provided with adequate safety and protective devices against hazards of fire and explosion, as well as with adequate fire fighting and suppression equipment and devices standard to the industry involved.

         C.   The storage and utilization of flammable liquids or materials that produce flammable or explosive vapors or gases shall be permitted on any lot in strict conformance with the applicable regulations set forth in the Ohio Rules and Regulations of the Division of the State Fire Marshal for the Manufacture, Storage, Handling, Sale and Transportation of Flammable and Combustible Liquids.

      (11)   The handling of radioactive materials, the discharge of such materials into air and water and the disposal of radioactive wastes shall be in strict conformance with:

         A.   The applicable regulations of the Energy Research and Development Administration.

         B.   The applicable regulations of any instrumentality of the State of Ohio.

      (12)   Material or merchandise stored or stockpiled in unsheltered storage bins or outside storage piles or pits shall not exceed a height limit of 20 feet above normal ground level at that point and said storage area shall not be located closer than 200 feet from any property zoned for residential purposes.

 

 

(Ord. 16-2003. Passed 5-1-03; Ord. 23-2006. Passed 9-21-06; Ord. 14-2017. Passed 8-3-17; Ord. 19-2021. Passed 6-17-21; Ord. 30-2023. Passed 3-7-24; Ord. 07-2025. Passed 4-17- 25.)

   (a)   Intent. The W-O Wellhead Operation District is designed to safeguard the public health, safety and welfare of the customers of protected public water supplies by regulating land use and the storage, handling, use and/or production of regulated substances. This district will be shown on the City Zoning Map at the location of any existing or proposed public wells. The intent of this designation is to protect the community's potable water supply against contamination.

   (b)   Principal Permitted Uses. Only the uses below that continuously satisfy the requirements of divisions (c) and (d) of this section shall be permitted:

      (1)   City water supply, treatment, storage, and operations facilities, in accordance with the City's plan for water supply and treatment.

      (2)   Public parks, playgrounds and community centers.

      (3)   Other similar uses as determined by the Zoning Administrator.

   (c)   Permitted Accessory Uses. The following are permitted accessory uses:

      (1)   Accessory uses, buildings, or other structures customarily incidental to any aforesaid permitted use.

      (2)   Temporary buildings for uses incidental to construction work, which buildings shall be removed on the completion or abandonment of construction work.

      (3)   Fences, walls and hedges as regulated under Section 1256.11.

      (4)   Off-street parking and loading as regulated in Chapters 1260 and 1262.

      (5)   Other similar uses as determined by the Zoning Administrator.

   (d)   Groundwater Protection Standards.

      (1)   Use and storage of regulated substances in conjunction with public water supply and treatment activities shall not be restricted by this section.

      (2)   Use of regulated substances in conjunction with public parks, playgrounds and community centers shall be in accordance with the City management plan for maintenance of sensitive areas.

      (3)   Use of regulated substances in conjunction with conditional uses in this district shall be limited to:

         A.   The aggregate of regulated substances in use may not exceed 20 gallons or 160 pounds at any time.

         B.   The total use of regulated substances may not exceed 50 gallons or 400 pounds in any 12-month period.

      (4)   A limited exclusion from division (d)(3) of this section is authorized for non-routine maintenance or repair of property or equipment. The use of regulated substances under this exclusion shall be limited to:

         A.   The aggregate of regulated substances in use may not exceed 50 gallons or 400 pounds at any time.

         B.   The total use of regulated substances may not exceed 100 gallons or 800 pounds in any 12-month period.