Trotwood City Zoning Code
TITLE ONE
Planning
1103.01 THOROUGHFARE PLAN.
The Trotwood Thoroughfare Plan attached to Ordinance 27-89 is hereby adopted and incorporated by reference herein. Such Trotwood Thoroughfare Plan is hereby designated and adopted as the Trotwood Thoroughfare Plan pursuant to Ohio R.C. 711.09.
(Ord. 25-23. Passed 9-5-23.)
1103.02 MAIN STREET/OLIVE ROAD CORRIDOR STUDY.
The Main Street/Olive Road Corridor Study attached to Ordinance 9-92 is hereby adopted and incorporated by reference herein .
(Ord. 45-08. Passed 12-15-08.)
1103.03 OLDE TOWN AREA PLAN.
The Olde Town Area and Designing Guidelines attached to Ordinance 20-90 is hereby adopted and incorporated by reference herein as fully as if specifically set forth in Exhibit A.
(Ord. 45-08. Passed 12-15-08.)
1103.04 DEVELOPMENT FEES.
The cost of filing required applications and issuing required permits pursuant to this Planning and Zoning Code shall be established from time to time by resolution of Council which is hereby authorized to be enacted.
(Ord. 09-09. Passed 3-2-09.)
1103.05 COMPREHENSIVE LAND USE PLAN.
The Comprehensive Land Use Plan for the City of Trotwood (also known as the 2025 Comprehensive Land Use Plan) as set forth in Exhibit “A” attached to Ordinance No. OR02-25, and incorporated by reference herein as a part hereof, is hereby approved, adopted, and enacted as the Comprehensive Land Use Plan for the City of Trotwood (the 2025 Comprehensive Land Use Plan).
(Ord. 02-25. Passed 4-7-25.)
1105.01 NECESSITY OF URBAN RENEWAL.
It is hereby found and determined that there exist within the City slum, blighted, deteriorated and deteriorating areas of the nature defined in this chapter which constitute a serious and growing menace injurious and inimicable to the public health, safety, morals and general welfare of the residents thereof; that the existence of such areas:
(a) Substantially impairs and arrests the sound growth of the community; retards the provision of housing accommodations, aggravates traffic problems, and substantially impairs or arrests the elimination of traffic hazards and the improvement of traffic facilities; and that this menace is beyond remedy and control solely by regulatory processes and exercise of the police power, and cannot be dealt with effectively by the ordinary operation of private enterprise without the aids herein provided; that the elimination in whole or in part of slum, blighted, deteriorated and deteriorating areas, and the conservation, rehabilitation and reconditioning, to the extent feasible, of the salvageable portions thereof by urban renewal as defined herein, are public uses and purposes for which public money may be expended and private property acquired by purchase, by donation and by eminent domain and are governmental functions of concern to the City, and require the exercise of the powers of government granted to the City by the provisions of Article XVIII of the Ohio Constitution and that the necessity in the public interest and general welfare, for the provisions of this chapter is hereby declared as a matter of legislative determination.
(b) Constitutes an economic and social liability; and
(c) Substantially increases the risk of the spread of disease, economic decay and crime; and of losses by fire and accident, necessitating excessive and disproportionate expenditures of public funds for the preservation of the public health and safety, for crime prevention, correction, prosecution and punishment, for the treatment of juvenile delinquency, for the maintenance of adequate police, fire and accident protection and for other public services and facilities.
(Ord. 45-08. Passed 12-15-08.)
1105.02 DEFINITIONS.
For the purpose of this chapter, the following terms shall have the meaning ascribed to them in this section unless a different meaning is clearly indicated in the context:
(a) “Agency,” or “Urban Renewal Agency” or “Local Public Agency” means the City of Trotwood, Ohio.
(Ord. 6-04. Passed 3-1-04.)
(b) “Slum area” means an area within the corporate limits of the City, in which area there is a predominance of buildings or improvements whether residential or non- residential, which by reason of dilapidation, deterioration, age, or obsolescence, substantial vacancy of existing structures, inadequate provision for ventilation, light, air, sanitation or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property, by fire and other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency or crime and is detrimental to the public health, safety, morals or welfare.
(c) “Blighted or deteriorating area” means an area within the corporate limits of the City, which by reason of a presence of a substantial number of deteriorated or deteriorating structures, predominance of defective or inadequate street layout, faulty lot layout in a relation to size, adequacy, accessibility, or usefulness, unsanitary or unsafe conditions, deterioration of site or other improvements, high vacancy and/or turnover, diversity of ownership, tax or special easement delinquency exceeding the fair market value of the land, defective or unusual conditions of title, or the existence of conditions which endanger life or property by fire and other causes or any combination of such factors, substantially impairs or arrests the sound growth of a municipal corporation, retards that provision of housing accommodations, or constitutes an economic or social liability and is a menace to the public health, safety, morals or welfare in its present condition and use. (Ord. 20-04. Passed 6-7-04.)
(d) “Project area” or “urban renewal area” means a slum, blighted, deteriorated or deteriorating area or any combination or part thereof which Council designates as of a character and size appropriate for urban renewal activities and for which an Urban Renewal Plan is proposed or prepared.
(e) “Urban renewal” or “urban renewal activities” means the activities of the City, with or without Federal or State aid or assistance, for developing, undertaking and carrying out urban renewal programs and projects, including all planning and other related activities of the City in connection therewith, or any part of such activities.
(f) “Open space land” means land which has not been developed by the construction or installation of streets, utilities, buildings (except sporadic or incidental structures) or other site improvements. Whether or not such an area has been platted in whole or in part does not prevent its classification as “open space land.”
(g) “Redeveloper” means any person, or entity:
(1) Purchasing property from the City within an urban renewal area, or
(2) Owning property located within such area, and, entering into a conforming agreement with the City in consideration of being permitted by the City to retain title to such property.
(h) “Urban renewal plan” means a plan, as it exists from time to time, for the urban renewal of a project area or part thereof.
(i) “Urban renewal project” or “project” means undertakings and activities of the City of Trotwood, with or without Federal or State aid or assistance, in an urban renewal area for the elimination and for the prevention of the development or spread of blight, and may involve clearance and redevelopment in an urban renewal area, or rehabilitation and conservation in an urban renewal area, or any combination or part thereof, in accordance with such urban renewal plan to the full extent of and in accordance with the rights, powers and authority of the City, whether derived from the applicable provisions of the Federal or State constitution or statutes, or the City ordinances. Such undertakings and activities may include:
(1) Acquisition of realty in an urban renewal area.
(2) Demolition and removal of buildings and improvements in such area.
(3) Installation, construction or reconstruction of streets, utilities, parks, playgrounds and other improvements necessary for carrying out the urban renewal plan.
(4) Disposition of any property acquired in the urban renewal area for uses consonant with the urban renewal plan.
(5) Encouraging and assisting interested citizens in a private program of voluntary repair and rehabilitation of buildings or other improvements in accordance with the urban renewal plan, with or without aid and assistance by Federal Housing Administration mortgage insurance or special support for mortgage financing through the Federal National Mortgage Association or similar organizations.
(6) Acquisition of any real property in the urban renewal area where necessary to eliminate unhealthful, unsanitary or unsafe conditions, lessen such lot occupancy or population density as create such conditions, eliminate uses incompatible with the general character of a neighborhood and which are detrimental to the public welfare, or otherwise to remove or prevent the spread of blight or deterioration, or to provide land for needed public facilities; and disposition of property, so acquired in accordance with this subsection (i)(6), for voluntary repair and rehabilitation of buildings or other improvements in accordance with the urban renewal plan.
(7) Purchase, repair and rehabilitation for use or resale of buildings which are located in the urban renewal area and which, under the urban renewal plan, are to be repaired or rehabilitated for dwelling use or related facilities.
(j) “General plan” or “master plan” generally means a broad and general guide and pattern for the future growth and development of the City including maps, plats, charts, and descriptive, interpretive and analytical narratives as may have been adopted by the City.
(k) “Slum clearance” or “redevelopment” may include those undertakings and activities identified in subsection (i)(l), (2), (3) and (4).
(l) “Rehabilitation,” “conservation” or “reconditioning” may include those undertakings and activities identified in subsection (l)(3), (4), (5), (6) and (7).
(Ord. 6-04. Passed 3-1-04.)
1105.03 DESIGNATION OF CITY MANAGER TO SUPERVISE URBAN RENEWAL ACTIVITIES.
The City Manager of the City is hereby charged with the responsibility of supervising the urban renewal activities of this City, coordinating the activities of the several officers, employees, commissions and boards concerned with such projects and executing on behalf of the City, as its authorized representative, all applications to the Federal government for grants, loans and advances. (Ord. 6-04. Passed 3-1-04.)
1105.04 PREPARATION OF URBAN RENEWAL STUDIES AND PLANS.
(a) When authorized by ordinance of this Council, including the appropriation of funds, if necessary, the City Manager may enter into such contracts on behalf of the City with engineers, architects, lawyers, planners and other professional service providers as may be necessary to provide the necessary inspections, studies, plans, surveys and reports in connection with the urban renewal or redevelopment activities to be undertaken in areas designated by Council. The Planning Commission may itself conduct such inspections, studies, plans, surveys and reports.
(b) When studies, plans or surveys pursuant to subsection (a) hereof, have been prepared, they shall be submitted to Council and filed as provided from time to time.
(Ord. 6-04. Passed 3-1-04.)
1105.05 CONTENTS OF URBAN RENEWAL PLAN AND RELOCATION PLAN.
(a) Any urban renewal plan hereafter prepared shall be prepared in such detail as to clearly set forth sufficient information to permit the Planning Commission to exercise its recommendation of approval or disapproval, and in any event shall include, but not be limited to, the following:
(1) A description of the boundaries of the project area;
(2) A land-use plan showing the location, character and extent of public and private land ownership, utilities, use and occupancy proposed within the area and showing proposed changes, if any, in the building, housing or zoning ordinances or maps and street layout, levels or grades;
(3) A statement showing the standards of population densities, land coverage and building intensities in the area, after the redevelopment, if the proposed uses are residential;
(4) A delineation of areas of land acquisition, demolition and removal of structures, conservation or reconditioning of existing structures, if any, as may be proposed to be carried out in the project area;
(5) A statement of the relationship of the plan to definite objectives of the City respecting appropriate land uses, improved traffic conditions and transportation, public utilities, recreation and community facilities and other public improvements;
(6) A statement indicating the controls, use and development restrictions to be placed on property in the project area to prevent a recurrence of slum or blighted conditions;
(7) A financial plan indicating the resources for the public costs of the project.
(b) A relocation plan shall indicate a feasible method for the relocation of families displaced from the project area.
(Ord. 6-04. Passed 3-1-04.)
1105.06 ACTION BY PLANNING COMMISSION.
(a) When an urban renewal plan is filed with Council, Council shall refer such plan or plans to the Planning Commission of the City for its review and recommendations by causing a copy of such plan or plans to be delivered to the person charged with the preparation and custody of the record of proceedings of the Planning Commission.
(b) The Planning Commission shall submit in writing to Council its approval of or recommendations concerning such plan or plans. The approval of the Commission shall also constitute its approval of those matters placed under its jurisdiction by Ohio R.C. 713.02, or the Charter and ordinances of the City of Trotwood except as the recommendations of the Planning Commission may include a disapproval pursuant to such laws. Except as recommendations or disapprovals are received from the Planning Commission within thirty-one days after its receipt of such plan or plans, the plan or plans shall be conclusively presumed to have been approved by the Planning Commission.
(Ord. 6-04. Passed 3-1-04.)
1105.07 PUBLIC HEARING AND COUNCIL ACTION.
(a) Council shall either approve or reject the urban renewal plan or make modifications in accordance with the recommendations of the City Planning Commission. The legislative approval by Council of the general neighborhood renewal plan should contain a finding that it conforms to the general plan of the City and such findings as may be necessary or desirable, but need not contain the other findings set forth in subsection (c) hereof for urban renewal plans and such other findings as may be necessary or desirable. Such approval may be made before or at the same time as the approval of an urban renewal plan for a project within the general neighborhood renewal plan.
Before approving or modifying an urban renewal plan, Council shall hold a public hearing at which an opportunity shall be provided to all persons interested to be heard, either in person or by counsel, which hearing may be adjourned from time to time. Notice of the date, time and place of such hearing shall be published in a newspaper of general circulation in the City once a week for two consecutive weeks, and at least fifteen full days shall elapse between the second publication and the date set for the public hearing. In addition, notice shall be sent thirty days before the hearing by ordinary first-class mail to the owners shown on the records of the Auditor of Montgomery County, Ohio for each parcel within the urban renewal district and by first-class mail to any occupant listed in the Williams Directory for any address contained in the urban renewal district. Such notices shall also contain a description of each project area by its location in relation to highways, streets, watercourses or other natural or artificial boundaries, and shall also designate the place at which the Plan, together with maps, plats or other materials describing the project area are and will be available for public inspection.
(b) If as a result of the public hearing, Council desires to modify the urban renewal plan other than in accordance with such plan approved by or in accordance with the recommendations of the City Planning Commission, the modified urban renewal plan shall be resubmitted to the Planning Commission for its written approval or recommendations within thirty-one days with the presumption of approval thereafter, all in accordance with Section 1105.06.
(c) If Council wishes to approve an urban renewal plan, it shall do so by an ordinance passed by majority vote in the manner prescribed by the City’s Charter and the applicable laws of the State of Ohio, provided, however, that such plan or plans, as submitted with such ordinance have not been approved by the Planning Commission, or if there were any partial disapprovals by or adverse recommendations of the Planning Commission, not accepted by Council by its modifications of the Planning Commission therewith, then an affirmative vote of two-thirds of the members of Council shall be required to pass such ordinance.
The ordinance of Council approving the plan shall be accompanied by, or incorporated by reference, documents submitted to Council to support findings made therein and the ordinance shall include the following findings:
(1) Specific findings of fact as to the character of the project area and that such area is a slum, blighted area, deteriorated or deteriorating area;
(2) That the size of the area and the location of elements of blight and deterioration in the area make it suitable for urban renewal activities;
(3) That there is a feasible method for the temporary relocation of the families displaced from the project area and that there are being provided in the project area, or in other areas not generally less desirable in regard to public utilities and public and commercial facilities at rents and prices within the financial means of the families displaced from the project area, or in other areas not generally less desirable in regard to public utilities and public and commercial facilities at rents and prices within the financial means of the families displaced from the project area, decent, safe and sanitary dwellings equal in number to the number of and available to such displaced families; and reasonably accessible to their places of employment;
(4) (This finding is made only if Federal aid is needed.) That financial aid to be provided by the Federal government under its contract is necessary to enable the project to be undertaken in accordance with the plan;
(5) That the plan for the project area will afford maximum opportunity consistent with the sound needs of the locality as a whole for the rehabilitation or redevelopment of the project area by private enterprise;
(6) That the plan is feasible and conforms to the existing general or master plan for the overall development of the City as prepared by the Planning Commission;
(7) That the plan gives due consideration to the provision of adequate park and recreational areas and facilities, as may be desirable for neighborhood improvement with special consideration for the health, safety and welfare of children residing in the general vicinity of the site covered by the plan;
(8) (This finding is to be made only if the project area is not predominantly residential in character and is not to be redeveloped for predominantly residential uses.) That the redevelopment of the project area for predominantly nonresidential uses is necessary for the proper development of the community;
(9) That the urban renewal plan will afford maximum opportunity consistent with the sound need of the community as a whole for the redevelopment of the project area by private enterprise.
(10) (This finding is to be made only where an open-space land program is involved.) That the land and the interests in land to be acquired are for the purpose of preserving such area as open space land and are necessary to orderly long-range development, to curb urban sprawl and the spread of urban blight and deterioration, to encourage more economical and desirable urban development and to provide areas for parks, playgrounds, parkways, conservation areas, watersheds, and to preserve natural resources, and that the area so to be acquired is of a size and character appropriate for such purposes.
(11) (This finding is to be made only where an educational institution or a hospital is located in or near the project area and it is desired to utilize Section 112 of the Housing Act of 1949; as amended.) That, in addition to the elimination of slums and blight from such area, the undertaking of an urban renewal project in such area will further promote the public welfare and the proper development of the community:
A. By making land in such area available for disposition, for uses in accordance with the urban renewal plan, to such educational institution or hospital for redevelopment in accordance with the use or uses specified in the urban renewal plan;
B. By providing, through the redevelopment of the area in accordance with the urban renewal plan, a cohesive neighborhood environment compatible with the functions and needs of such educational institution or hospital; or
C. By any combination of the foregoing.
D. The approval by Council of the plan shall constitute authority to spend moneys of the City appropriated for such purpose and the proceeds of bonds or notes issued for such purpose, and to accept advances, gifts, donations and grants from the Federal government, the State of Ohio, any entity, instrumentality or subdivision of either, or from any other entity or person;
E. The Clerk of Council shall certify as true and correct and deliver to the City Manager a copy of the aforesaid ordinance of Council approving the plan for his approval or veto, and appropriate further action.
(Ord. 6-04. Passed 3-1-04.)
1105.08 FEDERAL CONTRACTS.
Any contract with a Federal agency for loans, advances, grants or other Federal aid to the City shall be approved by the Law Director as to form and legality and after approval and authorization by ordinance of Council, passed in accordance with the requirements of Ohio R.C. 731.17 and the Charter and Ordinances of the City of Trotwood, shall be executed by the City Manager.
(Ord. 6-04. Passed 3-1-04.)
1105.09 MODIFICATION OF URBAN RENEWAL PLAN.
An urban renewal plan and the ordinance approving it may be amended, modified or changed by ordinance of Council from time to time, before or after its initial approval thereof; provided, that, if the boundaries of the project area are extended to include any parcels of land not previously included therein or if there is added a new type of urban renewal activity which requires the acquisition of property or if there is a change in the proposed zoning within the project area or in any other matter directly within the jurisdiction of the Planning Commission to approve or disapprove, all of the proceedings provided for in Sections 1105.06 and 1105.07 shall be carried out in connection with such amendment, modification or change and provided, that, the plan may not be amended, modified or changed with respect to any land previously conveyed by the City without the consent of the property owner thereto.
(Ord. 6-04. Passed 3-1-04.)
1105.10 EXECUTION OF URBAN RENEWAL PROJECTS.
(a) As authorized by Council, the City Manager with the appropriate advice and assistance of the Law Director, shall cause the necessary steps to be taken to acquire the parcels of land in the project area in accordance with the plan, including but not limited to, the negotiation for such parcels, obtaining appraisals, title examinations and reports, executing contracts for any of such services and appropriate documents to transfer title to the City; provided, that in the event appropriation of property is necessary, Council shall initiate and carry out, with the appropriate assistance of the several officers, employees, boards and commissions of the City, the proceedings in accordance with Ohio R.C. Chapter 719.
(b) After any necessary appropriation of City moneys and authorization of expenditures by ordinances of Council in accordance with Ohio R.C. Chapter 5705, Council action, where appropriate to rezone property, vacate or dedicate streets, or other public places and provide for the establishment and preservation of open-space areas pursuant to Ohio law and the Charter and Ordinances of the City of Trotwood; certification of funds by the City Auditor; and preparation of or approval of legal form of contracts by the Law Director, the City Manager shall make the contracts, purchase the supplies and materials and provide the labor, pursuant to and in accordance with the applicable provisions (including the competitive bidding requirements) for such City activities as may be necessary to carry out the urban renewal project, including but not limited to the demolition, rehabilitation or repair of structures (whether voluntarily by the private owners thereof or by the City for demonstration purposes in limited numbers), the removal of pavement, sidewalks, lighting and trees, capping, removal and relocation of City-owned utility lines, grading, construction of site improvements and supporting facilities and the temporary lease, rental or permission to let others use structures or parcels of land while owned by the City, relocation activities and the enforcement of any applicable provisions of law or conforming agreements relative to bidding, zoning, platting and the repair or rehabilitation of land and structures remaining in private ownership.
(c) After its determination that real property is not needed for any municipal purpose, Council may authorize by ordinance the transfer, lease or conveyance of any real property in accordance with and for the purposes of the plan, subject to such lawful terms, conditions, restrictions and covenants (including covenants running with the land) to assist in carrying out the purposes of the plan.
(d) If the property owner in the project area is willing to make the use of his property conform to the urban renewal plan and Council finds and determines that the acquisition of such property by the City will not be necessary if so conformed, the City Manager, upon Council authorization, may enter into a conforming agreement upon such terms and security as may be authorized by Council. Such agreement may provide for the acquisition of property upon continued failure of the property owner to keep his agreement after notice from the City specifying such failure.
(Ord. 6-04. Passed 3-1-04.)
1105.11 FINANCE.
The cost of urban renewal activities may be paid in whole or in part by the City from appropriate general or special funds or accounts established pursuant to Ohio R.C. Chapter 135 and Chapter 5705 and the City may accept grants or gifts of money or real or personal property from persons, entities, governments or taxing authorities to be used for the planning and financing of such urban renewal activities. Any investment of excess funds shall be carried out in accordance with provisions of Ohio R.C. 731.56 to 731.59. All bonds or notes payable from the general credit and taxes of the City to finance the urban renewal activities shall be issued in accordance with the applicable provisions of Ohio R.C. Chapter 133. Accounts shall be maintained for the carrying out of those urban renewal activities being financed by loans or advances from the Federal government separate from any other City accounts, including City accounts used to carry out any activities being financed by the City and no money or real or personal property shall in any way be pledged as security for the repayment of any Federal loans or advances, except the separately described portion of a project area set aside for such purpose, together with the proceeds from the sale, lease or temporary operation thereof and Federal capital grant moneys carried in connection therewith in order to avoid violating statutory and constitutional debt and tax limitations.
(Ord. 6-04. Passed 3-1-04.)
1105.12 ANTI-DISCRIMINATION PROVISIONS.
Each deed conveying title to property within an urban renewal or project area shall contain a covenant or covenants prohibiting the restriction or the sale or use of such property on the basis of race, religion or any other standard that is not applicable to all persons or families irrespective of race, religion or ancestry.
(Ord. 6-04. Passed 3-1-04.)
1105.13 TAX EXEMPTION.
(a) All property of the City, including funds, owned or held by it for the purposes of this chapter shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the same nor shall judgment against the City be a charge or lien upon such property; provided, however, that the provisions of this section shall not apply to or limit the right of obligees to pursue any remedies for the enforcement of any pledge or lien given pursuant to this chapter by the City on its rents, fees, grants or revenues from urban renewal projects.
(b) The property of the City, acquired or held for the purposes of this chapter on January 1 of any year, is declared to be public property used exclusively for essential public and governmental purposes and such property shall be exempt from all taxes of the City, County, State or any taxing authority thereof; provided, however, that such tax exemption shall terminate when the City sells, leases or otherwise disposes of such property in an urban renewal or redevelopment area to a purchaser or lessee which is not a person, corporation, partnership or other association entitled to tax exemption with respect to such property.
(Ord. 6-04. Passed 3-1-04.)
1105.14 SEPARABILITY; CHAPTER CONTROLLING.
(a) Notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any provisions of this chapter, or the application thereof to any person or circumstances, is held invalid, the remainder of the chapter and the application of such provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby.
(b) Insofar as the provisions of this chapter are inconsistent with the provisions of any other law or ordinance, the provisions of this chapter shall be controlling. The powers conferred by this chapter shall be in addition and supplemental to the powers conferred by other law.
(Ord. 6-04. Passed 3-1-04.)