Trenton City Zoning Code
V COMPLIANCE
REQUIRED; INTERPRETATION; RULES OF CONSTRUCTION.
5.1
Compliance Required
5.2
Interpretation
A.
Restrictiveness:
Where the regulations imposed herein are either more restrictive or less restrictive than comparable conditions imposed by any other provision of any other applicable law, ordinance, resolution, rule or regulation of any kind, the regulations, which are more restrictive and impose higher standards, are the requirements that shall govern.
B.
Abrogation:
The provisions of these regulations are not intended to abrogate any easement, covenant or other private agreement, if where the requirements of these regulations are more restrictive or impose higher standards or regulations than such easement, covenant or other private agreement, the requirements of these regulations shall govern.
C.
Cumulative Effect:
The provisions of these regulations are cumulative and additional limitations upon all other laws and ordinances heretofore passed or which may be passed hereafter governing any subject matter set forth in the provisions of these regulations.
D.
Error Correction:
In the event that any property or Zoning District set forth on the Zoning District Map as provided in Subsection 4.3 Zoning District Map of this Ordinance is misnamed, designated incorrectly, the boundaries are incorrect or the property is omitted, in part or in whole, the Zoning District Map may be amended and/or supplemented according to the following.
1.
Applicants:
The property owner of said tract or any member of the City Council may submit an application to the Director to initiate the error correction process.
2.
Process:
The error correction shall be processed as a zoning map or text amendment according to the processes for such amendments set forth in this Ordinance.
5.3
Accessory Uses and Structures:
An accessory use or structure that is customarily incidental to the principal use or structure, and is located on the same lot or tract of land, shall be permitted as an accessory use without being separately listed as a permitted use, unless otherwise stated in these regulations. Accessory uses are subject to the same regulations as the principal use. Accessory buildings shall comply with the area requirements in Article 3 [sic], Residential District Regulations.
5.4
Special Uses and Permits
A.
Purpose:
The Special Use Permit provides a means for developing certain uses in a manner in which the proposed use will be compatible with adjacent property and consistent with the character of the neighborhood. Special use permits are required where site-specific impacts may exist that require additional review to ensure compatibility between uses.
B.
Special Use Permit Required:
The Special Use Permit requirement for a use in a district does not constitute an authorization or an assurance that the use will be permitted. Each Special Use Permit shall be evaluated as to its probable effect on the adjacent property and the community welfare and may be approved or denied as the findings indicate appropriate. A Special Use Permit will be reevaluated each year.
D.
Review by the Council:
The Council shall hold a public hearing and approve, approve with conditions, or deny the Special Use Permit based on the review criteria in “E”, below.
F.
Is not detrimental to the public health, safety, or general welfare; Conforms in all other respects to all applicable zoning regulations and standards; and
G.
Is in conformance with the Comprehensive Plan.
H.
Additional Conditions:
The Council may impose reasonable conditions upon the granting of a Special Use Permit consistent with the Comprehensive Plan, other state [stated] development goals and objectives of the City, and the requirements of other City regulations. Such conditions may include, but are not limited to the location, arrangement, operation, duration, and type and manner of construction of any use for which a Special Use Permit is requested.
I.
Effect of Special Use Permit
J.
Zoning Map:
When the Council authorizes granting of a Special Use Permit, the zoning map shall be amended according to its legend to indicate that the affected area has conditional and limited uses. The amendment is to indicate the appropriate zoning district for the approved use and shall be suffixed by an “S” designation.
5.5
Temporary Uses
A.
Purpose:
Temporary Uses operating for less than 90 days within a one-year time period shall obtain a Temporary Use Permit from the City Secretary. Temporary Use Permits outline conditions of operations to protect the public health, safety, and welfare.
B.
Temporary Use Defined:
Temporary uses shall include short-term or seasonal uses that would not be appropriate on a permanent basis. Temporary uses are identified in Section 5.1 Land Use Charts and 5.2 Listed Uses [sic]. In addition, the following uses and activities shall be considered temporary uses:
1.
Fundraising Activities by Not-for-Profit Agencies:
Fundraising or noncommercial events for nonprofit educational, community service or religious organizations where the public is invited to participate in the activities and which last longer than 48 hours.
2.
Special and Seasonal Sales Events:
Significant commercial activities lasting not longer than 90 days intended to sell, lease, rent or promote specific merchandise, services or product lines, including but not limited to warehouse sales, tent sales, trade shows, flea markets, farmer’s markets, Christmas tree lot sales, product demonstrations or parking lot sales of food, artwork or other goods.
3.
Entertainment or Amusement Events:
Short-term cultural and entertainment events including public or private events lasting not longer than 90 days intended primarily for entertainment or amusement, such as concerts, plays or other theatrical productions, circuses, fairs, carnivals or festivals.
C.
Application:
An application for a Temporary Use Permit shall be submitted to the City Secretary at least 10 working days before the requested start date for a temporary use and shall include the following:
1.
A written description of the proposed use or event, the duration of the use or event, the hours of operation, anticipated attendance, and any building[s] or structures, signs or attention-attracting devices used in conjunction with the event.
2.
A written description of how the temporary use complies with the review criteria in E, below.
3.
A plan showing the location of proposed structures, including on-site restrooms and trash receptacles, parking areas, activities, signs and attention-attracting devices in relation to existing buildings, parking areas, streets and property lines.
4.
A letter from the property owner agreeing to the temporary use.
5.
Any additional information required by the Director.
D.
Review and Action by the City Secretary:
The City Secretary shall make a determination whether to approve, with conditions, or deny the permit within 5 working days after the date of application. Any applicant denied a permit by the City Secretary shall be notified in writing of the reasons for the denial and of the opportunity to appeal to the Council.
E.
Review Criteria:
Temporary uses shall comply with the following requirements:
1.
Land Use Compatibility:
The temporary use must be compatible with the purpose and intent of this ordinance. The temporary use shall not impair the normal, safe and effective operation of a permanent use on the same site. The temporary use shall not endanger or be detrimental to the public health, safety or welfare, or injurious to property or improvements in the immediate vicinity of the temporary use, given the type of activity, its location on the site, and its relationship to parking and access points.
2.
Compliance with Other Regulations:
The temporary use shall conform in all respects to all other applicable City regulations and standards.
3.
Restoration of Site:
Upon cessation of the event or use, the site shall be returned to its previous condition, including the removal of all trash, debris, signage, attention-attracting devices or other evidence of the special event or use. The applicant shall be responsible for ensuring the restoration of the site.
4.
Hours of Operation and Duration:
The hours of operation and duration of the temporary use shall be consistent with the intent of the event or use and compatible with the surrounding land uses and shall be established by the Building Official at the time of approval of the temporary use permit.
5.
Traffic Circulation:
The temporary use shall not cause undue traffic congestion given anticipated attendance and the capacity of adjacent streets, intersections and traffic controls.
6.
Off-street Parking:
Adequate off-street parking shall be provided for the temporary use, and it shall not create a parking shortage for any of the other existing uses on the site(s).
7.
Public Conveniences and Litter Control:
Adequate on-site restroom facilities and litter control may be required. The applicant shall provide a written guarantee that all litter generated by the event or use shall be removed at no expense to the City.
8.
Appearance and Nuisances:
The temporary use shall be compatible in intensity, appearance and operation with surrounding land uses in the area, and it shall not impair the usefulness, enjoyment or value of adjacent property due to the generation of excessive noise, dust, smoke, glare, spillover lighting, or other forms of environmental or visual pollution.
9.
Signs:
The Building Official shall review all signage, although a sign permit is not required. The Building Official may approve the temporary use of attention-attracting devices.
F.
Additional Conditions:
The Building Official may establish additional conditions to ensure land use compatibility and to minimize potential adverse impacts on nearby uses, including, but not limited to, time and frequency of operation, temporary arrangements for parking and traffic circulation, requirements for screening or buffering, and guarantees for site restoration and cleanup following the temporary use.
G.
Appeals:
A denial of a temporary use permit may be appealed to the Council within 10 days of the City Secretary’s action. The appeal shall be made in writing to the City Secretary.
5.6
Classification of New and Unlisted Uses
A.
Unlisted Uses:
The uses permitted in this Ordinance are classified on the basis of common operational characteristics and land use compatibility. Uses not specifically listed in this Ordinance are prohibited. However, additional new and unlisted uses may be permitted by the City Secretary if the use is similar to other uses listed in the same zoning district.
B.
Appeals:
An applicant aggrieved by the decision of the City Secretary, may file an appeal of the decision to the Council. The appeal shall be filed in writing in the City Council within 10 days of the City Secretary action. Unless otherwise stated in the Council action, the determination of the Council with respect to the appeal shall constitute a permanent and consistent interpretative decision, which shall apply in all future instances.
C.
Conditions:
When considering requests for a new land use, the City Council shall consider the potential effects of the use on adjacent properties in terms of requirements for services, visual impact, traffic generation, the extent to which the use is consistent with other uses allowed in the district, and other issues they deem appropriate.
D.
Authorization of New Uses:
If a new use is authorized by the Council, a text amendment to this Ordinance shall be sent immediately to the Council for consideration.
(Ordinance 477 adopted 11/7/14)