Trotwood City Zoning Code
TITLE FIVE
Zoning Administration
1121.01 PURPOSE.
The purpose of this Zoning Ordinance is to promote the public health, safety, comfort, convenience, prosperity and general welfare. Specifically, this Zoning Ordinance is enacted to: facilitate the provision of adequate public utilities and economic public facilities; prevent undue dispersion or concentration of population; enhance and stabilize the value of property; ensure adequate light, air, access and safety from fire, flood and other danger; promote the development of viable urban neighborhoods; relieve and lessen traffic congestion; discourage speculation and haphazard growth; minimize air, water and noise pollution; promote orderly community development; and secure the most appropriate use of land.
(Ord. 1-99. Passed 1-19-99.)
1121.02 COMPREHENSIVE PLAN.
(a) This Zoning Ordinance is based upon and intended to be in harmony with the Comprehensive Community Development Plan for the City of Trotwood, Ohio.
(b) Future amendments to the Plan shall be reflected in amendments to the Zoning Ordinance, and future amendments to the Zoning Ordinance shall only be made in conformity with the Comprehensive Community Development Plan.
(Ord. 1-99. Passed 1-19-99.)
1121.03 INTERPRETATION.
(a) In their interpretation and application, the provisions of this Zoning Ordinance shall be held to the minimum requirements.
(b) Where this Zoning Ordinance imposes a greater restriction than is imposed or required by other provisions of law or by other rules or regulations or ordinances, the provisions of this Zoning Ordinance shall control.
(c) The word “shall” is meant to be mandatory and not discretionary. The word “may” is meant to be permissive.
(d) Words used in the present tense shall include the future, and words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.
(Ord. 1-99. Passed 1-19-99.)
1121.04 CONFORMITY REQUIRED.
Except as hereinafter specified, no land, building, structure or premises shall hereinafter be used, and no building or part thereof or other structure shall be located, used, erected, moved, reconstructed, extended, enlarged or altered, except in conformity with the regulations herein specified for the district in which it is located.
(Ord. 1-99. Passed 1-19-99.)
1123.01 PURPOSE.
(a) It is the purpose of this Chapter to define certain words and terms utilized in this Zoning Code in order to assist in the interpreting of the provisions, regulations and standards of this ordinance.
(b) Unless the context otherwise indicates, the following words shall have the meaning as defined in this Chapter. Words used in the present tense include the future; the singular number shall include the plural; the plural number shall include the singular; the word “building” shall include “structure”; and the word “shall” is mandatory and not directory.
(Ord. 45-08. Passed 12-15-08.)
1123.02 DEFINITIONS.
ACCESSORY USE
A use both subordinate and incidental to the principally permitted use of a lot, and which is located on the same lot or parcel as the principally permitted use and is not larger than the principally permitted use on the lot or parcel, except as may be approved by the Board of Zoning Appeals.
ACCESSORY STRUCTURE
A building or structure which is secondary and incidental to a principal use or structure.
ADULT ENTERTAINMENT FACILITIES
“Adult Entertainment Facilities means any of the following:
(a) “Adult arcade” means any place to which the public is permitted or invited in which coin-operated, slug-operated, or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to five or fewer persons per machine at any one time, and in which the images so displayed are distinguished or characterized by their emphasis upon matter exhibiting or describing specified sexual activities or specified anatomical areas.
(b) “Adult bookstore,” “adult novelty store,” or “adult video store” means a commercial establishment that, for any form of consideration, has as a significant or substantial portion of its stock-in-trade in, derives a significant or substantial portion of its revenues from, devotes a significant or substantial portion of its interior business or advertising to, or maintains a substantial section of its sales or display space for the sale or rental of any of the following:
(1) Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, slides, or other visual representations, that are characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas;
(2) Instruments, devices, or paraphernalia that are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of self or others.
“Adult bookstore,” “adult novelty store,” or “adult video store” also includes a commercial establishment as defined in section 2907.38 of the Revised Code. An establishment may have other principal business purposes that do not involve the offering for sale, rental, or viewing of materials exhibiting or describing specified sexual activities or specified anatomical areas and still be categorized as an adult bookstore, adult novelty store, or adult video store. The existence of other principal business purposes does not exempt an establishment from being categorized as an adult bookstore, adult novelty store, or adult video store so long as one of its principal business purposes is offering for sale or rental, for some form of consideration, such materials that exhibit or describe specified sexual activities or specified anatomical areas.
(c) “Adult cabaret” means a nightclub, bar, juice bar, restaurant, bottle club, or similar commercial establishment, whether or not alcoholic beverages are served, that regularly features any of the following:
(1) Persons who appear in a state of nudity or semi nudity;
(2) Live performances that are characterized by the exposure of specified anatomical areas or specified sexual activities;
(3) Films, motion pictures, video cassettes, slides, or other photographic reproductions that are distinguished or characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas.
(d) “Adult entertainment” means the sale, rental, or exhibition, for any form of consideration, of books, films, video cassettes, magazines, periodicals, or live performances that are characterized by an emphasis on the exposure or display of specified anatomical areas or specified sexual activity.
(e) “Adult entertainment establishment” means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motion picture theater, adult theater, nude or seminude model studio, or sexual encounter establishment. An establishment in which a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized therapy, including, but not limited to, massage therapy, as regulated pursuant to section 4731.15 of the Revised Code, is not an “adult entertainment establishment.”
(f) “Adult motion picture theater” means a commercial establishment where films, motion pictures, video cassettes, slides, or similar photographic reproductions that are distinguished or characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas are regularly shown for any form of consideration.
(g) “Adult theater” means a theater, concert hall, auditorium, or similar commercial establishment that, for any form of consideration, regularly features persons who appear in a state of nudity or semi nudity or live performances that are characterized by their emphasis upon the exposure of specified anatomical areas or specified sexual activities.
(h) “Distinguished or characterized by their emphasis upon” means the dominant or principal character and theme of the object described by this phrase. For instance, when the phrase refers to films “that are distinguished or characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas,” the films so described are those whose dominant or principal character and theme are the exhibition or description of specified sexual activities or specified anatomical areas.
(i) “Nude or seminude model studio” means any place where a person, who regularly appears in a state of nudity or semi nudity, is provided for money or any other form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons.
(1) A modeling class or studio is not a nude or seminude model studio and is not subject to this chapter if it is operated in any of the following ways:
A. By a college or university supported entirely or partly by taxation;
B. By a private college or university that maintains and operates educational programs, the credits for which are transferable to a college or university supported entirely or partly by taxation;
C. In a structure that has no sign visible from the exterior of the structure and no other advertising indicating that a person appearing in a state of nudity or semi nudity is available for viewing, if in order to participate in a class in the structure, a student must enroll at least three days in advance of the class and if not more than one nude or seminude model is on the premises at any one time.
(j) “Nudity,” “nude,” or “state of nudity” means the showing of the human male or female genitals, pubic area, vulva, anus, anal cleft, or cleavage with less than a fully opaque covering; or the showing of the female breasts with less than a fully opaque covering of any part of the nipple.
(k) “Regularly features” or “regularly shown” means a consistent or substantial course of conduct, such that the films or performances exhibited constitute a substantial portion of the films or performances offered as a part of the ongoing business of the adult entertainment establishment.
(l) “Seminude” or “state of semi nudity” means a state of dress in which opaque clothing covers not more than the genitals, pubic region, and nipple of the female breast, as well as portions of the body covered by supporting straps or devices.
(m) “Sexual encounter establishment” means a business or commercial establishment that, as one of its principal business purposes, offers for any form of consideration a place where either of the following occur:
(1) Two or more persons may congregate, associate, or consort for the purpose of engaging in specified sexual activities.
(2) Two or more persons appear nude or seminude for the purpose of displaying their nude or seminude bodies for their receipt of consideration or compensation in any type or form.
An establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized therapy, including, but not limited to, massage therapy, as regulated pursuant to section 4731.15 of the Revised Code, is not a “sexual encounter establishment.”
(n) “Specified anatomical areas” means the cleft of the buttocks, anus, male or female genitals, or the female breast.
(o) “Specified sexual activity” means any of the following:
(1) Sex acts, normal or perverted, or actual or simulated, including intercourse, oral copulation, masturbation, or sodomy;
(2) Excretory functions as a part of or in connection with any of the activities described in division (o) (1) of this section.
AGRICULTURAL VEHICLE
An off-road vehicle designed by the manufacturer to be used in the conduct of agricultural activity, rather than as a vehicle to be used to casually carry passengers, and which is not licensed for use on the public right of way. Agricultural vehicle shall exclude semi-tractor trailers unless such vehicle is necessary for the function of the agricultural use.
AGRICULTURE
Farming, including dairying, pasturage, apiculture, agriculture, horticulture, floriculture, viticulture, forestry and animal and poultry husbandry, and the necessary incidental uses, all of which are directly related to the production of food. The operation of any incidental uses shall be secondary to that of the normal agricultural activities.
AGRICULTURE, RESIDENTIAL HORSES
An accessory use to a single-family dwelling that allows the keeping of personal horses consistent with TCO 1189.19.
AIRPORT
Premises designated for the use of public or private aircraft.
ALLEY
A dedicated public right-of-way, not more than twenty feet wide, which provides secondary access to the rear or side of abutting property.
APARTMENT
A dwelling unit in a multi-family building.
ASSISTED LIVING FACILITY/CAMPUS
A facility or campus of facilities designed for the care and housing of older adults. These facilities can be of various housing types but provide varying assistance to residents for daily activities such as dressing, grooming, bathing, etc.
AUTO-ORIENTED USE, LIGHT
Auto-oriented uses that are generally located within commercial areas and where there is a high turnover of customer traffic. Uses within this category shall not have any outdoor storage of vehicles or equipment, any outdoor work of vehicles, and shall not require any customer cars to be stored outdoors overnight. Examples include car washes, tire stores, and oil-change shops.
AUTO-ORIENTED USE, HEAVY
Auto-oriented uses that are generally located within industrial areas and where there is a low to medium turnover of customer traffic. Uses within this category typically require a customer to leave their vehicle for multiple days and may include outdoor storage or customer cars to be stored outdoors overnight, but outdoor work shall not occur. Examples include, but are not limited to, automobile repair including muffler shops, auto repair garages, wheel and brake shops, body and fender shops, and similar repair and service activities, but excludes dismantling or salvage.
AUTO-SALES, NEW
Any property used for the display and sale of new consumer motor vehicles in operable condition. The minimum lot size required for a new auto sales use is 200,000 square feet.
AUTO-SALES, USED
Any property used for the display and sale of used consumer motor vehicles in operable condition. The minimum lot size required for a used auto sales use is 100,000 square feet.
AUTO RENTAL
Any property used for the display and rental of motor vehicles, motorcycles, recreational vehicles, and/or trucks in operable condition. Vehicle rental is the use of a motor vehicle for a temporary period of time at an agreed upon amount of money for the rental. This definition does not include the leasing of a vehicle.
BANQUET HALL
An establishment providing a meeting space for social gatherings, including but not limited to wedding receptions, graduations parties and business or retirement functions. These gatherings should be one day events and should not be open to the general public but rather a group that has booked in advance; in no instance shall this definition be used to allow a bar/lounge.
BAR/LOUNGE/NIGHTCLUB
Bars, nightclubs, lounges or dance halls serving alcoholic beverages for consumption on the premises as a primary use and including on-site service of alcohol, including beer, wine, and mixed drinks.
BASEMENT
That portion of a building located partly underground but having more than one-half (½) of its floor to ceiling height below the average grade of the adjoining ground.
BED AND BREAKFAST
A private owner-occupied residence with one (1) to three (3) guest rooms contained within that structure and operate so that guests reside at the home for a finite and temporary basis. No kitchen facilities may be provided for use by guests.
BOARD
The Board of Zoning Appeals of the City of Trotwood.
BOARDING/ROOMING HOUSE
Every dwelling, other than hotels and motels, kept, used, or held out to be a place where sleeping or lodging rooms are offered for pay to three (3) or more persons.
BOAT/RV STORAGE, OUTDOORS
An outdoor structure or area designed for the storage of unoccupied boats or recreation vehicles (RV). This definition shall not include junk yards or storage of inoperable vehicles.
BREWERY
A restaurant-brewery with a production capacity of not more than 15,000 barrels (~465,000 gallons) of malt beverages per calendar year that brews primarily for sale in the restaurant, with 25% or more of malt beverages produced on site and also sold on site. A brewpub shall hold a class A-1A and A1-C liquor permit and may also hold any of the following: A-2, A-4, D-6, [Ohio Revised Code Title 43 Chapter 4303].
BUILDING
Any structure built for the support, shelter or enclosure of persons, animals, chattel or property of any kind.
BUILDING AREA
That portion of a site, exclusive of the required setback areas, on which a structure or building may be erected.
BUILDING HEIGHT
The vertical distance from the average grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof; or to the mean height level between eaves and ridge for gable, hip and gambrel roofs.
BUILDING LINE
A line parallel to the street right-of-way line at any story level of a building and representing the distance which all or any part of the building is to be setback from said right-of-way.
BUILDING PERMIT
A permit issued after review to a party proposing to fall trees, clear, excavate, or fill land, or commence alterations to a structure or commence erection of a structure; such permit recognizing that the proposed work complies with the provisions of this chapter, the applicable zoning district regulations as well as all other requirements of the Trotwood Planning and Zoning Code, and other pertinent ordinances of the Municipality.
BUILDING SITE
A portion of a lot, which is occupied by a building or that portion of a site, which is proposed to be occupied by a building and for which a building permit has been issued.
CARPORT
A permanent roofed structure, which is attached to and constructed of similar materials as the primary structure, with not more than two (2) enclosed sides used or intended to be used for automobile shelter and storage. Temporary carports are not classified as permanent structures and are not permitted.
CEMETERY
Land used or dedicated to the permanent interment, entombment, internment of human and or domestic animal remains, possibly including crematoriums and mausoleums.
CLINIC
A facility in which human patients are admitted for medical or dental study or treatment on an outpatient only basis.
COMMERCIAL CLEANING
A commercial facility dedicated to the cleaning of fabrics including but not limited to carpeting, rugs, uniforms, or other clothing.
COMMISSION
The Planning Commission of the City of Trotwood.
COMMUNITY CENTER
A building or group of buildings operated by a public or nonprofit group or agency and used for recreational, social, educational, or cultural activities.
COMMUNITY GARDEN
A location where a government agency, neighborhood association, church group, or other entity offers seasonal garden plots or a common garden area for use by the public to grow fruits and vegetables for their individual household and/or community use. The term community garden includes associated parking areas, tool sheds, and water supplies, but not the sale of the items grown on site.
COMPREHENSIVE PLAN
A plan, or any portion thereof, of the City of Trotwood, as officially adopted and amended by the City Planning Commission. The purpose of such plan is to serve as a guide in the zoning and progressive changes in zoning of land to meet the changing needs, in the subdivision and use of undeveloped land, and in the acquisition of right-of-way or sites for public purposes.
CONCRETE/ASPHALT PRODUCTION FACILITY
A facility where raw materials are processed into concrete or asphalt for sale and/or immediate use. Facilities typically include all necessary equipment for both transport and application of the finished product.
CONDITIONAL USE
A use which may be essential or desirable but which is not allowed as a matter of right within a zoning district. Such uses require approval of a Conditional Use Permit so that the effects of those uses don’t negatively impact other properties.
CONDITIONAL USE PERMIT
A permit which allows the City of Trotwood to consider special uses which may be essential or desirable but which are not allowed as a matter of right within a zoning district. Through a public hearing process the Conditional Use Permit enables the City to control certain uses which could have detrimental effects on the community. Consideration of a Conditional Use Permit application is a discretionary act. Conditions may be imposed as necessary to insure that the proposed use will be compatible with the surrounding properties and environment.
CONSTRUCTION VEHICLE
Any off-road vehicle designed by the manufacturer to be used in the conduct of construction activity, rather than as a vehicle to be used to casually carry passengers, and is not licensed for use on the public right of way. This definition does not apply to dump trucks and similar construction vehicles designed to be driven on public roads.
CONTRACTOR'S OFFICE
A location at which a construction contractor maintains an office, a workshop, and/or a facility for the storage of construction equipment and other materials customarily used in the trade carried on by the contractor. No outdoor storage is permitted and all business activities are required to be conducted within a structure.
CONTRACTOR'S YARD
A location at which a construction contractor maintains an office, a workshop, and/or a facility for the storage of construction equipment and other materials customarily used in the trade carried on by the contractor. Outdoor storage of materials are permitted and business activity is permitted to be conducted outside a structure.
CONVENIENCE STORE
A small retail establishment that offers for sale a limited line of groceries, convenience goods, tobacco products, alcohol, and other household products. A convenience store may hold up to a Class C-1 Ohio liquor permit.
CORRECTIONAL FACILITY
A publicly or privately operated facility housing persons awaiting trial and/or persons serving a sentence after being found guilty of a criminal offense. A correctional institution would include a jail, prison, work-release center, and any other similar facility. A correctional institution may also include the offices of a sheriff's department and other similar uses.
DAY CARE CENTER, ADULT OR CHILD
A business operated by a person, society, agency, corporation, institution, or any other group for the purpose of providing care, protection, and guidance for adults or children during only part of a 24-hour day.
DAY CARE HOME, ADULT OR CHILD
A business operated by a person from their primary residence for the purpose of providing care, protections, and guidance for adults or children during only part of a 24-hour day. Any employees must reside within the residence.
TYPE A FAMILY DAY CARE HOME
(a) The permanent residence of the administrator in which child care or publicly-funded child care is provided for seven (7) to twelve (12) children at one time; or
(b) A permanent residence of the administrator in which child care is provided for four (4) to twelve (12) children at one time if four (4) or more children at one time are under two (2) years of age.
Cross Reference Ohio Revised Code Section 5104.01.
TYPE B FAMILY DAY CARE HOME
A permanent residence of the provider in which care is provided for one (1) to six (6) children at one time and in which no more than three (3) children are under two (2) years of age at one time.
Cross Reference Ohio Revised Code Section 5104.01.
DIAMETER BREAST HEIGHT
"Diameter Breast Height" or DBH means tree diameter measured at 4 ½ feet above ground level. Diameter can be measured with diameter tape (available from a forestry or arborist supplier) or a tape measure and convert using this ratio (3” on a tape measure = 1” on a diameter tape).
DISTRIBUTION FACILITY
A use where goods are received and/or stored for delivery to the final consumer at off-site locations.
DISTRICT
A section of the City within which the use of land and structures, and the location, height and bulk of structures is governed by the provisions of this Zoning Code.
DRIVEWAY
A private road containing a permanently surfaced area, the use of which is limited to persons residing, employed or otherwise using or visiting the parcel on which it is located.
DRY CLEANING/LAUNDROMAT
An establishment that cleans fabrics, textiles, wearing apparel, or articles of any sort by immersion and agitation in volatile solvents, and all related processes. Retail cleaners serve individuals on a walk in basis, generally with patrons dropping off and picking up their clothing.
DWELLING, MULTI-FAMILY
A structure designed for and occupied by five (5) or more families, with the number of families not exceeding the number of dwelling units provided. The term "Dwelling, Multi-Family" also includes multiple single-, two-, and multi-family dwelling units located on a single lot, possibly organized as an apartment complex or under condominium ownership.
DWELLING, SINGLE-FAMILY
A structure designed for and occupied by one (1) family, and therefore includes no more than one (1) dwelling unit.
DWELLING, THREE/FOUR-FAMILY
A structure designed for and occupied by three (3) or four (4) families, and therefore includes no more than three (3) or four (4) dwelling units. The term "Dwelling, Three/Four-Family" may also include two (2) two-family dwellings located on a single lot.
DWELLING, TWO-FAMILY
A structure designed for occupancy by two (2) families, and therefore includes no more than two (2) dwelling units. The term "Dwelling, Two-Family" may also include two (2) single-family dwellings located on a single lot.
DWELLING UNIT
A single family, two-family, or multi-family dwelling used by one family for cooking, living and sleeping purposes.
EQUIPMENT SALES/RENTAL
Establishments primarily engaged in the sale or rental of tools, construction equipment, agricultural implements, and similar agricultural equipment.
ESSENTIAL SERVICES
The location, erection, construction, reconstruction, change, alteration, maintenance, removal, use or enlargement by City or other Governmental agencies underground or overhead gas, electrical, steam or water generation, transmission or distribution systems; including buildings, structures, towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment or accessories and the use of land in connection therewith, for the furnishing of adequate service by such public utilities or City or other governmental agencies or for the public health, safety and morals.
EVENT/CONFERENCE CENTER
A facility that is operated and staffed by a permanent business that holds scheduled events such as conferences, performances, guest speakers, or similar events. Such a venue shall be staffed by the permanent business during any event.
FAMILY
A group of individuals, not necessarily related by blood, marriage, adoption or guardianship living together in a dwelling unit as a single housekeeping unit under a common housekeeping management plan based on an intentionally structured relationship providing organization and stability.
FARM ANIMAL (LARGE)
Any domestic species of cattle, sheep, goats, llamas, alpacas, ostriches, emus or horses, except swine, which are normally or historically, been kept and raised on farms in the United States, and used or intended to be used as a transportation, food or fiber source.
FARM ANIMAL (SMALL)
Any domestic species of poultry (wings shall be clipped), rabbits, mink or chinchilla which are normally and have historically, been kept and raised on farms in the United States, and used or intended to be used as food or fiber.
FARMER'S MARKET
A commercial operation and/or facility through which one (1) or more farms offer seasonal products for sale. A farmer's market includes only those sales operations which occur in a pre-designed location and in which the vendors are the same entities which have raised the products for sale. A farmer's market occurs off-site from the location where the products have been raised. A farmer's market may include products in which items raised on the farm are the primary ingredients such as pies, jams, jellies, etc.
FENCE
An enclosure or barrier which physically and/or visually contains certain uses and activities which are carried out on a particular parcel of property. Fences may be constructed of natural or manmade materials.
FINANCIAL INSTITUTION
Any establishment wherein the primary use is concerned with such federal- or state-regulated business as banking, savings and loans, loan companies, and investment companies.
FITNESS CENTER
A place or building where passive or active exercises and related activities are performed for the purpose of education, physical fitness, improved circulation or flexibility, and/or weight control.
FLOOR AREA
(a) For the purposes of computing the minimum allowable floor area in a residential dwelling unit, the sum of the horizontal areas of each story of the building shall be measured from the interior faces of the exterior walls. The floor area measurement is exclusive of areas of basements, unfinished attics, attached garages, breezeways, and enclosed and unenclosed porches, but includes basement areas which are approved under the building code and designed and used for dwelling purposes.
(b) For the purpose of computing parking requirements, that area used for or intended to be used for the sale of merchandise or services, or for use to serve patrons, clients, or customers. Such floor area which is used or intended to be used principally for the storage or processing of merchandise, for utilities or sanitary facilities, and hallways, stairways and elevator shafts shall be excluded from this computation of FLOOR AREA. Measurements of useable floor area shall be the sum of the horizontal areas of the several floors of the building, measured from the interior faces of the exterior walls."
FLOOR AREA RATIO
The total floor area of the building or buildings on a lot or parcel divided by the gross area of the lot or parcel.
FOOD AND BEVERAGE PRODUCTION
The large-scale processing of raw ingredients and materials to create finished or unfinished food and beverages. In no instance shall this term be interpreted as including any type of brewery or microbrewery/artisan distillery.
FOOD TRUCK VENDOR
Any commercially manufactured, self-contained motorized vehicle currently licensed by the Ohio Department of Motor Vehicle and Public Health Dayton & Montgomery County selling food prepared specifically on site within the self-contained vehicle.
FOSTER HOME
As defined by the Ohio Revised Code means a private residence in which children are received apart from their parents, guardian, or legal custodian, by an individual reimbursed for providing the children nonsecure care, supervision, or training twenty-four hours a day. "Foster home" does not include care provided for a child in the home of a person other than the child's parent, guardian, or legal custodian while the parent, guardian, or legal custodian is temporarily away. Foster home facilities shall be approved by the appropriate public or private health/welfare agency.
Cross Reference Ohio Revised Code Section 5103.02.
FUELING STATION
Any facility designed and constructed primarily for the use of supplying individual vehicles with oil, gasoline, diesel, electricity or other sources of power. A convenience store attached to a fueling station shall be considered a fueling station for purposes of this ordinance.
FUNERAL HOME
A facility used for the preparation or cremation of the deceased for display and burial, and the conducting of rituals and rites associated with burial or cremation.
GARAGE
A fully enclosed accessory building used only for the storage of vehicles and incidental personal property.
GARDEN STORE/PLANT SHOP
A retail establishment that primarily sells garden implements, plants, landscaping materials and related accessories. This shall not include businesses that sell and store large quantities of items such as mulch for wholesale.
GENERAL INDUSTRIAL PRODUCTION
Industrial production involving manufacturing, fabrication, and related processes.
GOVERNMENT FACILITY, NON-OFFICE
A building, group of buildings, and/or piece of property operated or occupied by the local governmental agency (Trotwood) to provide a governmental service to the public. This includes the storage and servicing of vehicles and equipment, bulk supplies and materials, and specialized training facilities, such as a fire training facility.
GOVERNMENT FACILITY, OFFICE
An office space or facility occupied by a local governmental agency (Trotwood) that provides a governmental service to the public.
GROCERY STORE
A facility specializing in the retail sales of food, typically specializing in fresh produce and/or meat products.
GROUP HOME
A publicly or privately operated home or facility operated by person(s) other than the residents themselves, in which two to sixteen unrelated persons reside for a period of more than twenty-four hours, and which is used or intended to be used for the purpose of letting rooms, providing meals and/or providing personal assistance, personal services, personal care and protective care but not skilled nursing care, designed to help the residents adjust to the community and society. Group Homes shall be approved by the appropriate public or private agency.
(a) "Adult Group Home" means a Group Home for persons 18 years or older. (b) "Youth Group Home" means a Group Home for persons under the age of 18.
"Group Home" includes but is not limited to residential facilities as defined by Ohio R.C. 5119.34, and facilities commonly known as three quarter-way homes, halfway houses, transitional residences, custodial and diagnostic homes, boarding homes, and community alternative homes.
"Group Home" shall not include:
(a) licensed residential facilities for persons with disabilities established under Ohio R.C. 5123.19.
(b) a facility licensed under Ohio R.C. 5119.37 to operate an opioid treatment program.
(c) foster homes.
(d) assisted living homes for the elderly.
(e) nursing homes.
(f) hospice care.
(g) any facility that receives funding for operating costs from the department of development under any program established to provide emergency shelter housing or transitional housing for the homeless.
(h) child-care centers.
(i) "independent living" in which residents themselves operate the home or facility.
HAZARDOUS MATERIALS PRODUCTION AND STORAGE
All structures, other appurtenances, and any improvement to the land used for treating, storing, processing, or disposing of hazardous materials.
HISTORIC TREE
Any tree which has a diameter breast height (DBH) of 30 inches or larger.
HOME OCCUPATION
Any occupation, profession, activity or use which is customarily incidental to the principal use of the premises and is conducted by a resident occupant which does not alter the exterior of the property or affect the residential character of the neighborhood.
HOSPITAL
An institution where sick or injured persons are given medical care and, during the course of that treatment, are hosed overnight, fed, and provided nursing and related services, which includes diagnostic facilities, laboratories, hospices, outpatient facilities, treatment facilities, and training facilities. This does not include nursing homes, retirement facilities, shelters, or institutions for developmentally disabled/mentally ill.
HOTEL
A building in which lodging is provided and offered to the public for compensation, and in which egress and ingress from all rooms is made through an inside lobby or office. "Bed and Breakfast" facilities are not included under this definition.
IMPERVIOUS SURFACE RATIO
The measure of the intensity of a land use on a lot or parcel which is determined by dividing the total area of all impervious surfaces on the site by the area of the lot or parcel.
JUNK
Old or scrap copper, brass, rope, rags, batteries, paper, rubber, junked, dismantled or wrecked automobiles or parts thereof, iron, steel and other old or scrap ferrous or nonferrous materials which are not held for sale for melting purposes by an establishment having facilities for processing those materials.
KENNEL
Any building or property which is used, in whole or part, for the breeding and subsequent boarding of typical household animals (cats, dogs, rabbits, etc.) with the intention of selling the aforementioned animals as a commercial good.
LANDSCAPING
The placement of materials such as grass, flowers, shrubs, hedges, trees, decorative walls and fences, and berms improved with ground cover, within a designated area.
LIBRARY
A public facility in which literary, musical, artistic, or reference materials are kept for use or loaning to patrons of the facility, but are not normally offered for sale.
LIGHT INDUSTRIAL ASSEMBLY AND PRODUCTION
Assembly and distribution of materials and products from processed or previously manufactured materials. Light industry is capable of operating in such a manner as to control the external effect of processing such as smoke, noise, odor, etc.
LIQUOR STORE
A store that offers retail and/or wholesale liquor, including wine and beer, and where the consumption of those items does not occur on-site.
LOADING SPACE
An off-street space or berth on the same lot with a building for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.
LOT
A piece or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings, or utilized for a principal use and uses accessory thereto, together with such open spaces as are required by this Zoning Ordinance, and having frontage on a public or an approved private street.
(a) “Lot area” means the area of land within the boundary of a lot.
(b) “Corner Lot” means a lot at the junction of and abutting on two or more intersecting streets where the intersection does not exceed 135 degrees.
(c) “Lot depth” means the mean horizontal distance between the front and rear lot lines.
(d) “Double frontage Lot” means an interior lot having frontage on two non-intersecting streets.
(e) “Lot frontage” means the distance between the side lot lines, measured by a line drawn parallel with the front lot line at a point of required minimum front yard depth.
(f) “Interior Lot” means a lot other than a corner lot.
(g) “Front Lot Line,” means, in the case of an interior lot, a line separating the lot from the street; and in the case of a corner lot, a line separating the narrowest lot frontage of the lot from the street.
(h) “Rear Lot Line” means the lot line opposite and most distant from the front lot line.
(i) “Side Lot line” means any lot line other than a front or rear lot line.
LOT OF RECORD
Any lot which is part of a subdivision, the plot of which has been recorded in the office of the Recorder of Montgomery County; or a parcel of land, the deed of which was of record as of the effective date of this Zoning Code.
MANUFACTURED HOME SALES
The sale and incidental storage of single-family detached housing that includes mobile homes and manufactured homes.
MANUFACTURING
The assembling, altering, converting, fabricating, finishing, processing or treatment of a product.
MARIJUANA CULTIVATION FACILITY
A facility where an adult use cultivator or a level III adult use cultivator is authorized to operate. Ohio Revised Code Section 3780.01.
MARIJUANA DISPENSARY
A facility that has a certificate of operation to operate a dispensary under Chapter 3796 of the Ohio Revised Code and Chapter 3796 of the Administrative Code, or under Chapter 3780.01 of the Ohio Revised Code, and any rules promulgated thereunder, to sell adult use cannabis as authorized.
MICROBREWERY/ARTISAN DISTILLERY
A facility for the production and packaging of malt beverages and/or distilled spirits for distribution, retail, or wholesale, on or off-premise, with a production capacity of not more than 15,000 barrels of malt beverage or 10,000 gallons of distilled spirits per calendar year, and less than 25% of its products sold on site. The facility may include tastings, a restaurant, a bar, and/or event space. A microbrewery/artisan distillery shall hold at least one of the following liquor permits: A-1, A-2, or A-3.
MINERAL EXTRACTION
Any operation where soil, topsoil, water, loam, sand, gravel, clay, rock, peat, or other mined material is removed from its natural location or where it is handled for use off site, including incidental uses and activities such as processing facilities, access roads, structures, offices, parking areas and stockpiles.
MINI SELF-STORAGE FACILITY
A storage structure containing separate storage spaces of varying sizes, each for individual purchase or rental for the storage of goods.
MIXED-USE, LOW INTENSITY
A building in which multiple uses are located, with commercial or service uses being located on the ground floor and with residential uses above. Any proposed commercial use to be located in the building must be either a permitted or conditional use within the zoning district the property is located within. Low intensity mixed-use development shall not exceed a Floor Area Ratio (FAR) of 0.5 and a density of eight (8) units per acre for upper-floor residential.
MOBILE HOME/MANUFACTURED HOME PARK
A parcel of land containing two (2) or more dwelling sites, with required improvements and utilities, that are leased for long-term placement of mobile home dwellings and/or manufactured home dwellings. A Manufactured Home Park does not involve sales of mobile home dwellings or manufactured dwellings, or storage areas in which unoccupied units are parked for inspection or sale.
MOBILE VENDOR
Any commercially manufactured, self-contained motorized vehicle currently licensed by the Ohio Department of Motor Vehicles and Public Health Dayton & Montgomery County selling retail items and prepackaged food products.
MONARCH TREE
Any tree which has a diameter breast height (DBH) of thirty (30) inches or larger.
MOTEL
An establishment consisting of a group of attached or detached living or sleeping accommodations with bathroom and closet space but not including an oven, located on a single lot, and designed for use by transient automobile tourists for the purpose of temporary lodging. A motel furnishes customary services such as maid service and laundering of linen, telephone, secretarial, or desk service, and the use and upkeep of furniture.
MUSEUM
A building having public significance by reason of its architecture or former use or occupancy, or a building housing a specific collection of natural, scientific, or literary materials, objects of interest, or works of art, and designed to be observed by the public with or without an admission charge. It may include as an accessory use the sale of goods to the public.
NATURE PRESERVE
An area in which plants, animals, and topographic features are protected in their current, natural condition.
NONCONFORMING
A legally existing use, structure or land at the time of adoption of this Zoning Code or any amendment thereto, and which does not conform with the regulations of the district in which it is located.
NURSING HOME
A facility designed for 24-hour per day care of the aged, infirm, or any other person in need of nursing care which does not contain equipment for surgical care or for treatment of disease or injury, and is not primarily designed for mental patients or alcoholics. Nursing home does not include physical therapy equipment used in an on-going basis for the rehabilitation of patients.
OFFICE
Administrative, executive, professional, research, or similar organizations, as well as laboratories having only limited contact with the public, with no merchandise or merchandising services sold on the premises. Outdoor storage is not permitted in association with any use defined as an office.
OFF-STREET PARKING SPACE
A permanently surfaced area for vehicular parking measuring not less than ten feet in width by twenty feet in length, exclusive of driveways and access drives.
OPEN SPACE
A land area including resource protection, recreation amenities and bufferyards or water body designed and intended for the use and enjoyment of the public or members of a homeowners association or other similar group.
OUTDOOR RECREATION SALES
Any establishment that sells and/or services recreational vehicles or large equipment such as campers, boats, or similar vehicles.
PARK/PLAYGROUND
Any public or private land and related structures, including athletic facilities, shelter houses, and maintenance facilities that are designed to provide recreational, educational, cultural, or aesthetic use to the community.
PARKING LOT/GARAGE
An open off-street area to be used for the storage of motor vehicles for limited periods of time and open to the general public. A parking lot includes all parking spaces, interior drives, and maneuvering areas.
PATIO
A paved surfaced area, open on at least one side, which is customarily incidental to a dwelling unit.
PERSONAL CARE SERVICES
An establishment or place of business primarily engaged in the provision of frequent and recurrent services of a personal nature such as a beauty or barber shop, or tanning salon.
PET BOARDING FACILITY
An establishment operating the keeps, houses, and maintains dogs solely for the purpose of providing shelter, care, and feeding of the dogs on a temporary basis.
PLACE OF WORSHIP
The use of building and/or property by a non-profit group for the purpose of religious worship together with all incidental uses commonly associated with such a facility such as a day-care center or school. This term includes synagogues, temples, mosques, or any other like facility used primarily for worship and religious activities.
PLANNED UNIT DEVELOPMENT
Land under unified control, planned and developed as a whole according to comprehensive and detailed plans. Development may be a single operation or a definite sequential series of development operations including all lands and buildings, with a program for provisions, operation and maintenance of such areas, improvements and facilities necessary for common use by the occupants of the development.
PORCH
A structure which is attached to an outer wall, open on at least two sides, and is covered by a roof.
POWER GENERATION FACILITY
A commercial facility that produces usable electricity by harnessing any array of resources including fossil fuels, water, wind, and solar sources.
PROTECTIVE BARRICADE
A physical structure not less than four feet in height, limiting access to protected and significant trees. A suitable protective barrier shall be composed of wood or another durable material, which insures protection of protected trees and significant trees during development.
PUBLIC UTILITY
A closely regulated enterprise with a franchise for providing to the public a utility service, such as gas and electric, deemed necessary for the public health, safety and welfare.
RECREATION, INDOORS
Recreational uses that tend to serve a community-wide area and where the activities are completed entirely indoors. Examples of indoor recreational uses include but are not limited to arcades, bowling alleys, skating rinks, and indoor athletic facilities. In no instance shall this definition be used for bars, brewpubs, or microbreweries/artisan distilleries.
RECREATION, OUTDOORS
Recreational uses that tend to serve a community-wide area and where the activities are completed primarily outdoors but may have indoor components that are accessory to the outdoor activity. Examples of outdoor recreational uses include but are not limited to golf courses, driving ranges, outdoor swimming pools, tennis courts, baseball fields, and outdoor athletic facilities.
RECREATIONAL VEHICLES
Travel trailers, pickup trucks with slide-in campers, motorized homes, fold-tent trailers, and boats and boat trailers.
RECYCLING CENTER
A facility where recyclable materials are sorted and temporarily stored prior to shipment for remanufacturing into new materials. All activities related to this facility shall take place in principal or accessory buildings. This definition shall not include junk yards or waste disposal facilities.
RESTAURANT, SIT DOWN
A structure in which the principal use is the preparation and sale of food and non-alcoholic beverages.
RESTAURANT, FAST FOOD/DRIVE-THRU
A structure in which the principal use is the preparation and sale of food and non-alcoholic beverages, with sales taking place both inside the restaurant and by means of a drive-up window.
RESEARCH AND DEVELOPMENT
A structure or group of structures used primarily for applied and developmental research where product testing is an integral part of the operation and goods or products used in the testing may be manufactured and stored.
RETAIL, GENERAL
Commercial enterprises that provide goods and/or services directly to the consumer, where such goods are available for immediate purchase and removal from the business. These businesses typically serve a community-wide area.
RETAIL, SMALL-SCALE
Retail uses that tend to serve a local area and include establishments such as delicatessens, bakeries, gift shops, and ice cream shops.
RETAIL, WHOLESALE
An establishment or place of business primarily engaged in selling and/or distributing merchandise to retailers to industrial, commercial, institutional, or professional business users, or to other wholesalers.
RIGHT OF WAY
Any land which is reserved, used or designated by the City of Trotwood for future use which may include but shall not be limited to: utility easements, quasi-public easements, easements, streets, walkways or bikeways, drainage, utilities, etc...
SCHOOL, PRESCHOOL THROUGH GRADE 12
A public or private institution which offers instruction in any of the branches of learning and study comparable to that taught in the public schools under the Ohio school Laws, including pre-kindergarten, kindergarten, elementary school, and junior and senior high schools, but excluding trade, business, or commercial schools. As an accessory use, may also include dormitories for students to be housed. Dormitories provide sleeping quarters for students and communal spaces such as bathrooms and kitchens.
SETBACK LINE
The closest point at which a building or structure may be placed in relation to the lot line.
SHOOTING RANGE
Any non-residential or commercial establishment at which firearms are discharged for the purpose of recreation and/or entertainment.
SIGN
Any object, device, display or structure or part thereof situated outdoors or adjacent to the interior of a window or doorway which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means including words, letters, pictures, logos, figures, designs, symbols, fixtures, colors, illumination or projected images." (For other sign definitions see Chapter 1185.)
SIGN, WARNING
Any sign indicating danger or a situation which is potentially dangerous.
SMOKE LOUNGE
A smoking establishment whose business operation, whether as its primary use or as an ancillary use, is devoted to on-premise smoking. This also includes uses such as a hookah bar, which includes but is not limited to establishments variously known as hookah parlors, hookah cafes, and hookah lounges.
SMOKE SHOP
A retail establishment that specializes in the sale of smoking products and accessories. Examples of this may include, but are not limited to cigarettes, cigars, vapes, pipes, hookahs, and others. This definition shall not include the sale of recreational or medical marijuana, consistent with Ohio Revised Code 3780.01.
SOCIAL CLUB
A facility owned and/or operated by a 501(C)(3) non-profit group for the purposes of social engagement and for which membership is required for participation.
STORY
That portion of a building included between the surface of any floor and the floor or ceiling next above it or, if there is no floor above it, then the space between the floor and the ceiling next above it.
STREET
An improved public right-of-way which provides a public means of access to abutting property. The term "street" shall include avenue, drive, circle, court, road, parkway, boulevard, highway, thoroughfare or other similar term, except alley.
STRUCTURE
Anything constructed or erected which requires location on the ground or attachment to something having location on the ground.
SWIMMING POOL
A water filled enclosure, permanently constructed or portable, having a depth of more than eighteen (18) inches below the level of the surrounding land, or an above surface pool of more than thirty (30) inches in depth, designed, used and maintained for swimming and bathing.
TENT
A temporary structure having a roof and/or walls of fabric.
THEATER
A facility for audio and visual productions and performing arts.
THOROUGHFARE PLAN
The Official Thoroughfare Plan of, and as adopted by, the City of Trotwood Planning Commission, establishing the location and official right-of-way widths of principal highways and streets in the City, together with all amendments thereto subsequently adopted.
TRADE/BUSINESS SCHOOL
A specialized instructional establishment that provides onsite training of business, commercial, and/or trade skills such as accounting, data processing, and computer repair. Includes vocational schools and career centers.
TRUCK STOP/TRAVEL CENTER
A facility designed and used to provide services to the trucking industry including but not limited to fuel stations, repair shops, truck washes, restaurants, convenience stores, weight scales, and shower facilities, all as part of a unified facility. To be considered a truck stop/travel center, a facility shall include at least four (4) of the components listed above.
TRUCK AND TRAILER SALES AND SERVICE
Any establishment that sells and/or services semi-tractor trailers, grain trucks, consumer trailers, and other vehicles similar in size. Inoperable trucks may be stored on a temporary basis, and only if they are to be services.
TRUCK TERMINAL
A premises which is used for loading or unloading trucks upon which storage of cargo is incidental to the primary function of motor freight shipment or shipment point, and which is designed to accommodate the simultaneous loading or unloading of two or more trucks.
UNIVERSITY/COLLEGE
An institution for post-secondary education, public or private, offering courses in general, technical, or religious education. It operates in buildings owned or leased by the institution for administrative and faculty offices, student and faculty housing, classrooms, laboratories, chapels, auditoriums, lecture halls, libraries, student and faculty centers, community rooms and facilities, athletic facilities, fraternities, and sororities. A university may include for-profit businesses and facilities that re incidental to the educational, cultural, and athletic functions and which lease space form the institution. A university shall not include trade schools operated for profit.
USE
The purpose for which a lot or structure is or may be leased, occupied, maintained, arranged, designed, intended, constructed, erected, moved, altered or enlarged.
(a) “Accessory Use” means a use or structure subordinate to the principal use of a building or to the principal use of the land, which is located on the same lot or parcel as the principal use, and which is serving a purpose customarily incidental to the use of the principal building or land use.
(b) “Conditional Use” means a use which is permitted in a district only if a zoning permit therefore is expressly authorized by the Board of Zoning Appeals in accordance with Chapter 1133, Conditional Uses.
(c) “Principal Use” means a use which is permitted as-of-right in a district for which a zoning permit shall be issued by the Zoning Administrator, provided that the applicant meets the applicable requirements of this Code.
VARIANCE
A modification of the strict terms of the relevant regulations of this Code, where such modification will not be contrary to the public health, safety and welfare and, where owing to conditions peculiar to the property and not to the result of the action of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.
VETERINARIAN OFFICE, NO OUTDOOR KENNELS
An establishment for the care, observation, or treatment of domestic animals. A veterinarian's office can include as an accessory use, the boarding, training, or grooming of animals, provided that no outdoor runs or kennels are present and all business activity is conducted indoors.
VETERINARIAN OFFICE, OUTDOOR KENNELS
An establishment for the care, observation, or treatment of domestic animals. A veterinarian's office can include as an accessory use, the boarding, training, or grooming of animals that may occur outdoors.
WALL
A masonry structure intended to act as an enclosure, barrier or divider along a property line.
WAREHOUSE
A building where raw materials or manufactured goods may be stored before their export or distribution of sale.
WASTE DISPOSAL FACILITY
Any facility that functions to store or dispose of waste including incinerators, junk metal yard, sanitary landfills, refuse dumps, and inoperable vehicle storage.
WASTEWATER TREATMENT FACILITY
Any facility designed for the treatment of wastewater that serves an entire community, region, or specific geographic area.
WHOLESALE
An establishment or place of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users; to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.
YARD
A space on the same lot with a main building, open, unoccupied and unobstructed from the ground up.
(a) “Front Yard” means an open space extending the full width of the lot between a building and the front lot line.
(b) “Rear Yard” means an open space extending the full width of the lot between a building and the rear lot line. (Also see 1189.11 CORNER LOTS)
(c) “Side Yard” means an open space extending from the front yard to the rear yard between a building and the nearest side lot line.
ZONING
The act of regulating the use of land and the size of and location of buildings and structures on the land, such regulations being designed to assure the health, safety and general welfare of a community.
ZONING ADMINISTRATOR
The administrator of the Planning and Zoning Code of the City of Trotwood, as appointed by the City Manager.
(Ord. 05-25. Passed 5-5-25.)
1125.01 PURPOSE.
The purpose of this chapter is to establish a functional and meaningful system of administration and enforcement.
(Ord. 1-99. Passed 1-19-99.)
1125.02 ZONING ADMINISTRATOR.
(a) In order to interpret the provisions of the Zoning Ordinance, receive and process applications, and provide professional assistance to elected and appointed bodies, there is hereby created the office of Zoning Administrator.
(b) The Zoning Administrator shall be subject to the City Manager as an employee of the City, pursuant to the Charter, and subject to the policy of City Council.
(c) The Zoning Administrator shall be responsible for:
(1) Maintaining the Zoning Ordinance, the Zoning Map and all records of zoning proceedings and cases;
(2) Interpreting the provisions of the Zoning Ordinance to members of the general public, other City departments and local elected and appointed officials;
(3) Advising and reviewing applications from members of the general public on zoning matters;
(4) Issues permits authorized by the Zoning Ordinance;
(5) Enforcing all provisions of this Zoning Ordinance.
(d) The Zoning Administrator shall have the following additional duties:
(1) As authorized by and subject to the limitations set forth in this subsection, the Zoning Administrator shall issue zoning and occupancy certificates, notwithstanding minor failures to comply with the literal terms of this chapter, where he/she finds the existence of all of the following:
A. That the particular physical surroundings, shape, or topographical condition of the specific property involved would result in a practical difficulty or unnecessary hardship upon or for the owner, lessee, or occupant as distinguished from a mere inconvenience, if the provisions of this chapter were literally enforced.
B. That the requested modification is not based exclusively upon a desire of the owner, lessee, occupant or applicant to realize economic gain.
C. That the issuing of a certificate will not be materially detrimental or injurious to other property or improvements in the neighborhood in which the subject property is located.
D. That the proposed deviation will not impair an adequate supply of light or air to adjacent property, substantially increase the congestion of the public streets, increase the danger of fire, endanger the public safety or substantially diminish or impair property values within the neighborhood.
(2) General categories. The duty of the Zoning Administrator to issue zoning and occupancy certificates notwithstanding minor failure to comply with the zoning code shall extend to the following general categories:
A. Yards.
B. Maximum lot coverage.
C. Lot area.
D. Off-street parking.
E. Setbacks.
F. Nonconforming uses.
G. Uses not listed otherwise in this chapter.
H. Signs.
I. Accessory uses, temporary uses and home occupation.
(3) Yard, lot coverage, off-street parking, setback, and lot area requirements. The Zoning Administrator shall issue a certificate, as set forth in this section where it appears that:
A. With respect to failures to comply with the appropriate yard requirements that:
1. Proposed structures will encroach into required yards a distance not greater than 25% of the width or depth of such required yard, or
2. Proposed extensions of lawfully existing structures which are already located within required yards where the pattern of development was established prior to this chapter, will not encroach any further into such required yard, and will not be enlarged or extended in excess of 25%, or
3. Proposed extensions of unenclosed covered porches and patios will encroach into required distance not greater than 25% of the width or depth of such yard, or
4. Where proposed structures are to be located between existing structures, a front yard depth can be established not less than the average depth of the front yards of buildings adjoining on either side.
B. With respect to lot coverage requirements that the proposed deviation will not vary more than 10% from the permitted lot coverage requirement.
C. With respect to off-street parking requirements the following may apply:
1. For any change of permitted use in a densely developed business or industrial district where no reasonable alternative exists for providing the parking spaces required of the new use; the small number of spaces provided by the previous use may be permitted provided the intensity of the new use is not greater than the previous use.
2. For all other parking requirements the proposed deviation shall not vary more than (2) spaces or 30% of the required number of spaces, whichever is greater.
D. With respect to setback requirements, that:
1. A street widening is not scheduled within the next five (5) years, or
2. A recent street improvement has been made in the immediate vicinity which suggests additional street improvements may be a number of years away, or
3. Any future street improvement requirements can be accomplished within the existing right-of-way, or
4. Adjacent structures of substantial investment are in place thereby making it unlikely that future widenings would take place, or
5. Structural improvements are of a minor investment and the owner agrees to sign a waiver requiring him to remove the improvements at the owner’s expense in the event the City does not make Thoroughfare improvements.
E. With respect to lot area requirement for either new construction or conversion, that:
1. For single-family and multi-family uses, the proposed deviation is no more than 10% of the required lot area.
2. For two-family and multi-family use, the proposed deviation is no more than 10% of the required lot area.
(4) Conditions established by the Zoning Administrator. In the event the Zoning Administrator issues a zoning and occupancy certificate pursuant to this section, he shall impose such conditions or requirements as are necessary under the circumstances in order to minimize injury to other property and carry out the intent of this chapter.
(Ord. 45-08. Passed 12-15-08.)
1125.03 ZONING PERMIT REQUIRED.
(a) No owner of property in the City shall use or permit the use of any structure, building or land, or part thereof, hereinafter created, erected, changed, converted or enlarged, wholly or partly, until the zoning permit has been issued by the Zoning Administrator.
(b) It shall be the duty of the Zoning Administrator to issue a zoning permit provided that the structure, building or premises, and the proposed use thereof, conform to all the requirements of this Zoning Ordinance.
(c) No zoning permits shall be issued for new or modified lots of record until a signed and stamped record plan has been filed with the Montgomery County Recorder’s Office, and a copy of such plan has been returned to the Zoning Administrator.
(d) When no construction activity has been started within two years of the issuance of the zoning permit, a renewal of the original zoning permit shall be required.
(Ord. 45-08. Passed 12-15-08.)
1125.04 CERTIFICATE OF ZONING COMPLIANCE.
Prior to the occupancy of, or use of, any newly erected building or structure a Certificate of Zoning Compliance shall be secured from the Zoning Administrator by the property owner or his agent. A Certificate of Zoning Compliance is also required prerequisite to the continued occupancy of a newly altered, reconstructed, enlarged or relocated commercial, office, industrial and/or multi- family building or structure. It shall be the duty of the Zoning Administrator to issue a Certificate of Zoning Compliance when it has been demonstrated that the structure, building, or premises, conforms to the information contained in an approved zoning permit. A Certificate of Zoning Compliance is not required if there are no physical changes to the property. However, a Zoning Permit application must be submitted for approval prior to the commencement of the use or activity.
(Ord. 45-08. Passed 12-15-08.)
1125.05 POWER OF COUNCIL.
Council is empowered to enact amendments to this Zoning Ordinance following recommendation from the Planning Commission and as otherwise empowered by the City Charter.
(Ord. 1-99. Passed 1-19-99.)
1125.06 PLANNING COMMISSION.
The Planning Commission shall be appointed by City Council and shall have the powers and duties as established in Article Seven of the City Charter.
(Ord. 1-99. Passed 1-19-99.)
1125.07 BOARD OF ZONING APPEALS.
The Board of Zoning Appeals (BZA) shall be appointed by City Council and shall have the powers and duties as established in Article Seven of the City Charter.
(Ord. 1-99. Passed 1-19-99.)
1125.08 ZONING TEXT AND MAP AMENDMENTS.
(a) Amendment may be initiated by Council, the Planning Commission, Zoning Administrator, or by an application by one or more owners of property affected by the proposed amendment. The term “owner” shall mean the property owner or a person or other party holding a written option to purchase that property.
(b) An application for an amendment shall be accompanied by maps, drawings and data necessary to demonstrate the proposed amendment is in conformance with the Comprehensive Land Use Plan of the City, and that public necessity, convenience and general welfare require or permit the adoption of the proposed amendment.
(c) The Zoning Administrator shall make a thorough investigation and analysis of an application for a zoning amendment, and shall afterwards prepare a written report, along with recommendations for submission to the Planning Commission.
(d) Within forty-five days of the receipt of an application for a zoning amendment, the Planning Commission shall hold a public hearing. In addition, the Commission shall publish a notice of public hearing in a newspaper of general circulation in Trotwood not less than ten (10) days prior to the date of such hearing, and shall be responsible for notifying, by mail, at least ten days in advance of such hearing, all property owners within 300 feet of the property in question. Additionally, at least 10 days before Public Hearing, an information sign shall be posted on any property being considered for rezoning. Said sign shall be posted by the application and shall state: “An application has been filed for rezoning of this property. For Information, call 854-7221.” The signs may be borrowed from the Planning Department at Trotwood Government Center. Said sign must remain in place until the application has been approved or disapproved by City Council.
(e) Within forty-five days of holding the public hearing, the Planning Commission may recommend that the application be granted as requested, or it may recommend a modification of the zoning amendment request, or it may recommend that the application not be approved.
(f) The recommendation of the Planning Commission shall be submitted to the Council and shall be accompanied by a report of findings, summary of hearings, and all data submitted with the application.
(g) Within forty-five days following receipt of a recommendation from the Planning Commission, Council shall schedule a public hearing. In doing so, Council shall publish a notice of public hearing in a newspaper of general circulation in Trotwood not less than ten days prior to the date of such hearing, and shall be responsible for notifying, by mail, at least ten days in advance of such hearing, all property owners within 300 feet of the property in question.
(h) No application for a Zoning Code amendment that is substantially similar to an application that has been denied, wholly or in part, shall be accepted for one (1) year from the date of the denial. The Zoning Administrator shall determine if a similar application differs enough to be considered a different application and not subject to this subsection.
(Ord. 03-25. Passed 4-7-25.)
1125.09 REQUIRED FEES.
Council shall, upon recommendation from the Planning Commission, from time to time adopt a schedule of required fees. Thereafter, all applications required by the provisions of this Zoning Ordinance shall be accompanied by the fee specified.
(Ord. 1-99. Passed 1-19-99.)
1125.10 SEVERABILITY.
If any section, subsection, sentence, clause or phrase is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the Zoning Ordinance as a whole or any part thereof other than the part so declared to be invalid.
(Ord. 1-99. Passed 1-19-99.)
1125.11 REPEAL OF CONFLICTING ORDINANCES.
All ordinances, or parts of ordinances in conflict with this Zoning Ordinance or inconsistent with the provisions of this Zoning Ordinance, are hereby repealed and declared null and void and of no effect.
(Ord. 1-99. Passed 1-19-99.)
1125.12 DESIGN REVIEW BOARD.
(a) Creation and Membership. There is hereby created a Design Review Board to conduct hearings and make determinations as authorized by Section 1166.02(c) of the Trotwood Zoning Code. The members of the Design Review Board shall consist of five (5) members who are residents of the City of Trotwood, Ohio, and appointed by the Council of the City of Trotwood, Ohio. The character of the Board and terms of office of its members shall be as follows:
(1) Two (2) citizen representatives appointed by Council for a term of two (2) years;
(2) One (1) member who shall be licensed to practice law in the state of Ohio appointed by Council on the advice of the Zoning Administrator for a term of two (2) years;
(3) One (1) member who shall be licensed as an architect in the state of Ohio appointed by Council on the advice of the Zoning Administrator for a term of two (2) years;
(4) One (1) member who shall be licensed as a real estate agent/broker or development professional appointed by Council on the advice of the Zoning Administrator for a term of two (2) years.
(b) The first appointment of the members to the Board shall be as follows:
(1) Two (2) citizen representatives appointed to a two (2) year term.
(2) One professional representative appointed to a one (1) year term.
(3) One professional representative appointed to a two (2) year term.
(4) One professional representative appointed to a three (3) year term.
(c) The Board shall have jurisdiction as defined by Section 1166.02(c) of the Trotwood Zoning Code.
(d) Meetings and Rules. All meetings of the Design Review Board shall be held once per month (1) at the call of its chairperson and at such times as the Board may determine. All meetings conducted by the Board shall be open to the public. The Board shall keep minutes of its proceedings and may adopt its own rules and procedures. The members of the Board shall serve as such without compensation.
(Ord. 10-07. Passed 3-19-07.)
1127.01 PURPOSE.
The purpose of this chapter is to establish a process whereby decisions of the Zoning Administrator and the Board of Zoning Appeals can be appealed.
(Ord. 1-99. Passed 1-19-99.)
1127.02 DECISION OF ZONING ADMINISTRATOR.
(a) Any person, firm or corporation who is dissatisfied with a ruling or interpretation of the Zoning Administrator may appeal the matter to the Board of Zoning Appeals.
(b) An appeal shall be made in writing to the Zoning Administrator, who will cause the matter to be placed on the agenda of the next regularly scheduled meeting of the Board of Zoning Appeals.
(c) At the scheduled public meeting, the Board of Zoning Appeals shall affirm, reverse or modify a decision of the Zoning Administrator.
(Ord. 45-08. Passed 12-15-08.)
1127.03 APPEAL TO COUNCIL.
Appeals to Council from decisions rendered by the Board of Zoning Appeals shall be as established in Section 7-2 of the City Charter.
(Ord. 1-99. Passed 1-19-99.)
1129.01 PURPOSE.
The purpose of this chapter is to permit deviation from the strict application of the terms of this Zoning Ordinance. Use variances are prohibited.
(Ord. 04-25. Passed 4-7-25.)
1129.02 BASIS FOR GRANTING VARIANCES.
(a) Where, by reason of the exceptional narrowness, shallowness, or unusual shape of a parcel of property, or by reason of exceptional topographic conditions, or any other extraordinary situation or condition of such parcel of property, the literal enforcement of the requirements of this Zoning Ordinance would involve practical difficulties that would deprive the owner of the reasonable use of the land or buildings involved, the Board of Zoning Appeals shall be granted the authority to authorize a variance.
(b) The loss of prospective profits shall not constitute justification for a variance.
(c) In no case shall a variance be granted when it would be injurious to immediately adjacent property owners or the surrounding neighborhood.
(Ord. 04-25. Passed 4-7-25.)
1129.03 PROCEDURE.
(a) Application. A fully complete application for a variance must be filed with the Zoning Administrator. When the Zoning Administrator is satisfied that all of the materials required by this chapter are included in the application and that the application contains sufficient information to satisfy the intent of the application requirements, it will be placed on the agenda for a hearing before the Board of Zoning Appeals. Applicants are encouraged to have a preapplication meeting or conference with the Zoning Administrator prior to submission of the application to discuss the nature of the requested variance and the application process.
(1) Contents of application. The application for variance shall include, at a minimum, the following:
A. The applicant's name, address, telephone number, and email address;
B. The property owner's name, address, telephone number, and email address;
C. The lot number and parcel identification number;
D. The address of the property where the variance is sought;
E. The zoning district of the property where the variance is sought;
F. The Zoning Ordinance sections that are relevant to applicant's variance request;
G. An explanation as to the reason for the requested variance; and
H. An indication as to whether options other than a variance have been considered, and if other options have been considered, what were those options considered.
(2) Submittals required with application. The following items must be submitted with an application for a variance:
A. A copy of the vicinity map of the area that designates the site involved;
B. A copy of the site plan involved, drawn to standard engineers scale of one (1) inch equals twenty (20) feet, one (1) inch equals thirty (30) feet, or one (1) inch equals forty (40) feet, as directed by the Zoning Administrator. The site plan may be a single-line drawing and must show dimensions, building location and dimensions, and setbacks from lot lines. The site plan must also indicate all of the following:
(i) The location of the right-of-way;
(ii) The location and size of existing buildings and accessory structures;
(iii) The location of storm water and sanitary sewers;
(iv) The location of water/well;
(v) The location of septic tank/leach bed;
(vi) The location of gas lines;
(vii) The location of drainage and utility easements;
(viii) The location of property lines involved (multiple parcels if affected);
(ix) The location of any other on-site landmarks affected by the requested variance;
(x) The location of regulatory floodplain, if any portion of the parcel is located within a floodplain;
(xi) Construction drawings for any new buildings;
(xii) Any other plans, brochures, pamphlets, or other materials applicable to the application; and
(xiii) The requisite application fee.
(b) Reapplication.
(1) No application for variance that is substantially similar to an application that has been denied or granted, wholly or in part, or revoked or expired, shall be submitted for consideration for at least one year after the prior determination. The Zoning Administrator shall determine if a similar application differs enough to be considered a different application and not subject to this subsection. The Zoning Administrator may consider factors that include, but are not limited to, the nature or size of the proposal, changes in the development or traffic patterns of the area, or newly discovered evidence pertinent to a decision on a previous application.
(2) Any decision made by the Zoning Administrator with respect to the preceding paragraph may be appealed to the Board of Zoning Appeals pursuant to Section 1127.02 of this Zoning Ordinance. Any appeal taken must be submitted in writing and received by the Zoning Administrator within fifteen days of the Zoning Administrator's decision.
(c) Board of Zoning Appeals Review. The Board of Zoning Appeals shall base its review of a variance application upon the complete application, any staff report, and upon any relevant and credible public testimony and evidence presented during the adjudicatory hearing. If the Board of Zoning Appeals finds that the information presented at hearing is insufficient to make a determination, it may suspend its review until sufficient information has been provided.
(1) Burden of proof. The applicant is required to present proof, by a preponderance of reliable, probative, and substantial testimony and evidence, that the property owner will suffer practical difficulties in the use of the property if the variance is not granted.
(2) Decision standards. The Board of Zoning Appeals will consider the variance request while also considering the public health, safety, and welfare of the community. Variances shall only be granted upon a determination that practical difficulties exist with respect to the property in question that would render the strict application of the Zoning Ordinance unreasonable. The Board of Zoning Appeals may only consider evidence and testimony presented at hearing, and it shall not consider other variances granted in the community, unless an applicant specifically introduces evidence and testimony regarding other variances granted in the same zoning district. In the event an applicant intends to introduce evidence at hearing as to other variances granted in the same zoning district, the applicant must provide the Zoning Administrator with notice of his intent to introduce such evidence at least seven days prior to the scheduled hearing. In determining whether practical difficulties exist that are sufficient to warrant a variance, the Board of Zoning Appeals shall consider and weigh the following factors
A. Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance;
B. Whether the requested variance is substantial;
C. Whether the essential character of the neighborhood would be substantially altered, or whether adjoining property owners would suffer a substantial detriment if the variance were granted;
D. Whether the variance would adversely affect the delivery of governmental services (i.e., water, sewer, garbage, fire rescue, and the like);
E. Whether the property owner purchased the property with knowledge of the zoning restrictions;
F. Whether the property owner's predicament can feasibly be obviated through some method other than a variance;
G. Whether the spirit and intent behind the zoning requirements would be observed and substantial justice done by granting the variance; and
H. Any other relevant factor.
(d) Action by Board of Zoning Appeals.
(1) Prior to taking action on a request for a variance, the Board of Zoning Appeals shall hold a public hearing within forty-five days of receipt of a fully complete variance application, unless the time for the hearing is extended by agreement of the applicant and the City, Notice of the public hearing will be published as required by law, and notice of the scheduled hearing shall also be provided by the City to all property owners within 300 feet of the property, by ordinary mail, at least ten days prior to the scheduled hearing.
(2) The Board of Zoning Appeals shall grant, grant with conditions, or deny a variance application as presented, and it shall clearly state the findings upon which its decision is based on the record. The Zoning Administrator, or the Zoning Administrator's designee, shall prepare and issue a written notification to the applicant memorializing the Board of Zoning Appeals' decision and the findings upon which the Board of Zoning Appeals decision is based.
(3) The Board of Zoning Appeals shall base its decision only upon the decision standards set forth in this chapter. No one decision standard set forth in subsection (c)(2) above is controlling, and the Board of Zoning Appeals is not required to weigh each factor set forth above equally.
(4) When making its determination, the Board of Zoning Appeals may waive or modify the dimensional regulations prescribed by the Zoning Ordinance, or it may impose more strict regulations and any additional conditions, guarantees, and safeguards as it deems appropriate to satisfy the purposes and intent of the Zoning Ordinance.
(e) Issuance of Permits.
(1) The Zoning Administrator shall issue permits authorizing the action for which the variance was sought if the requested variance is granted by the Board of Zoning Appeals. Construction permits shall not be issued unless the plans substantially conform to those upon which a variance was granted. Any action that exceeds a granted variance shall constitute a violation of the Zoning Ordinance.
(2) No order of the Board of Zoning Appeals that grants a variance which, as a result, permits the erection or alteration of a building, shall be valid for a period of more than one year, unless all requisite permits for the construction or reconstruction of the building have been obtained and the work at the site has commenced. The one-year validity period may be extended by the Zoning Administrator, at the Zoning Administrator's discretion, if the applicant makes a written request for an extension of time to the Zoning Administrator before the expiration of the one-year term. If the Zoning Administrator denies the request for an extension of time, the Zoning Administrator's decision may be appealed to the Board of Zoning Appeals pursuant to Section 1127.02. Any appeal taken must be submitted in writing to the Zoning Administrator within fifteen days of the Zoning Administrator's decision.
(f) Effect of Variance. Upon approval of a variance application by the Board of Zoning Appeals, unless the approval expires pursuant to subsection (e)(2) above, the variance shall continue to apply to the property, even if the property is subsequently transferred to a new owner.
(Ord. 04-25. Passed 4-7-25.)
1131.01 PURPOSE.
The purpose of this chapter is to control, reduce and/or eliminate conflicts arising from the presence in any district of uses or structures which do not currently conform to applicable district regulations.
(Ord. 1-99. Passed 1-19-99.)
1131.02 REGULATION OF NONCONFORMITIES.
(a) To avoid undue hardship, nothing in this Zoning Ordinance shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun or for which a zoning permit was approved prior to the effective date of this Zoning Ordinance.
(b) A nonconforming use of a building or structure lawfully existing upon the effective date of this Zoning Ordinance shall be permitted to be maintained and repaired.
(c) A nonconforming use or structure shall not be enlarged, extended or moved, except that a nonconforming structure may be reconstructed in such a manner as to make it conforming.
(d) Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.
(e) Whenever a nonconforming use of a structure, or structure and premises in combination, is discontinued for a period of twelve (12) consecutive months, such a use shall not thereafter be reestablished except in conformance with the regulations of the district in which it is located.
(f) A nonconforming structure which is damaged by fire, flood or act of God to an extent exceeding fifty percent (50%) of its value, as determined by the County Assessor, shall not be restored or reconstructed except in such a manner and for such a use as will conform to the regulations of the district in which it is located.
(g) In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record existing at the effective date of this Zoning Ordinance. This provision shall apply even though such a lot fails to meet the requirements for area or lot frontage, or both, that are applicable in the zoning district where such a lot is located, provided that requirements other than those applying to area or lot frontage, or both, shall conform to the regulations for the district in which such a lot is located.
(h) No nonconforming use shall be changed to another nonconforming use without the written authorization of the Board of Zoning Appeals, except that where a substitution is proposed, no structural alterations or improvements shall be permitted to be made.
(i) Residential properties which are determined by this Code to be nonconforming uses may be granted an exception to these requirements upon application to and approval by the Board of Zoning Appeals. In making its determination the Board shall consider:
(1) Whether similarly situated properties exist within proximity to the subject property.
(2) Recent patterns of development and usage of properties in the vicinity.
(3) The possibility that potential conforming development and use is not likely to occur in the future.
(4) The impact such approval might have upon conforming properties in the vicinity.
(Ord. 45-08. Passed 12-15-08.)
1133.01 PURPOSE.
The purpose of this chapter is to ensure the proper integration of uses which, because of their special nature, may be suitable only in certain locations and only provided such uses are arranged or operated in a particular manner.
(Ord. 02-19. Passed 3-4-19.)
1133.02 AUTHORIZATION TO GRANT A CONDITIONAL USE PERMIT.
(a) The Board of Zoning Appeals shall be responsible for determining the merits of an application for a conditional use permit. In doing so, the Board of Zoning Appeals may approve, conditionally approve or deny such an application.
(b) The Zoning Administrator shall make a thorough investigation and analysis of an application for a conditional use permit, and shall afterwards prepare a written report, along with recommendations for submission to the Board of Zoning Appeals.
(c) Within forty-five days of the receipt of an application for a conditional use permit, the Board of Zoning Appeals shall hold a public hearing. In addition, the Board shall provide a notice of public hearing in a newspaper of general circulation in Trotwood not less than ten days prior to the date of such hearing, and, shall be responsible for notifying by mail, at least ten (10) days in advance of such hearing, all property owners within 300 feet of the premises in question.
(d) The Board of Zoning Appeals shall approve or conditionally approve a conditional use permit only when it has determined that the proposed use will not constitute a nuisance or be detrimental to the public welfare of the community.
(e) Upon failure to comply with the conditions imposed by Board of Zoning Appeals or Council, a certified letter shall be sent to the permittee informing him that he has thirty calendar days from the date the letter is received to comply with the provisions and conditions of the conditional use permit. If, after this period of time, the violation(s) has not been remedied, the conditional use permit shall be revoked.
(f) The applicant for a Conditional Use Permit shall be the owner of the property. In the alternative, the applicant shall submit a signed, notarized statement from the property owner authorizing the applicant to submit such application and agreeing to be bound by any conditions imposed by the Board of Zoning Appeals in conjunction with the approval of the application.
(g) Upon approval of a Conditional Use Permit application by the Board of Zoning Appeals the Permit applies only to the applicant and property owner and is limited to the term of the applicant’s ownership of the premises. Conditional Use Permit approval conditions are a contract between the City and the applicant. Upon termination of the use or upon change of ownership the Conditional Use Permit shall be considered revoked and the use may not be continued or resumed without prior approval of the Board of Zoning Appeals.
(h) Period of validity. A conditional use permit shall expire one year after it is issued unless actual construction has taken place or is underway or actual occupancy has occurred, except as provided elsewhere in this Zoning Code. If a conditional use is approved, the plan must be followed. Any deviation requires the resubmission of an application for approval of the conditional use.
(Ord. 02-19. Passed 3-4-19.)
1133.03 GENERAL STANDARDS AND CONSIDERATIONS.
In reviewing an application for a conditional use permit, the responsible public agency or officer shall include but not be limited to, the following:
(a) The adequacy of the site to accommodate the proposed use or building and all related activities;
(b) The location and character of any display of goods and services;
(c) The size, nature and lighting of proposed signs;
(d) The type of street serving the proposed use in relation to the amount of traffic expected to be generated;
(e) The adequacy and safety of provisions for vehicular access and parking, including the location and number of driveway entrances and exits;
(f) The adequacy and compatibility of proposed screening;
(g) The overall compatibility of the proposed building or use to both its immediate and neighboring environment;
(h) The hours of proposed operation;
(i) The adequacy of provisions for the control of noise, dust, odors, light, or glare;
(j) The degree to which the location of the particular use can be considered a matter of public necessity; and
(k) The consistency of the development proposal with the recommendations contained in the City’s Comprehensive Plan.
(Ord. 02-19. Passed 3-4-19.)
1133.04 SPECIAL STANDARDS AND CONSIDERATIONS.
In addition to the general standards and conditions set forth above, the responsible public agency or owner shall be guided by the following special standards and considerations in relation to an application for a conditional use permit for any of the following uses:
(a) Car Washes.
(1) All washing facilities shall be in an enclosed building.
(2) Vacuuming facilities may be located outside the building but shall not be placed in any front yard or side yard.
(3) All parking areas and access driveways shall be improved with a durable dustless surface consisting of either asphalt or concrete.
(4) Water from the washing process shall not be allowed to drain from the lot containing such a business.
(5) One off-street parking space shall be provided for each employee.
(6) All car wash buildings shall be set back at least 120 feet from the edge of the future right of way.
(b) Automotive Filling and Service Stations.
(1) Such stations shall not be permitted to be constructed whenever two or more service stations are already in existence at a particular intersection.
(2) No outdoor storage of rental trucks or trailers shall be permitted.
(3) The sale of merchandise not commonly associated with the sale of gasoline and accessory products shall be specifically prohibited outside the principal building.
(4) Such stations shall have a minimum lot size of 15,000 square feet, and a minimum of 125 feet of lot frontage.
(5) Such stations shall not be permitted to have an entrance or exit within fifty feet of an intersecting major thoroughfare.
(6) With the exception of landscaped areas, the entire lot area of such stations shall be improved with a durable, dustless surface consisting of either asphalt or concrete.
(7) Such stations shall be permitted only where they will not be a nuisance to residences and other surrounding land uses.
(8) Such stations shall be permitted only where they will not be the cause of additional traffic hazards or undue congestion.
(9) Canopies shall be permitted to be attached to or free from the main building of a gasoline filling or service station only when it has been demonstrated that such structures will be consistent with the prevailing architectural style.
(10) Canopies shall not be permitted to be constructed closer than twenty-five feet from front and side property lines.
(c) Bed and Breakfast. Bed and Breakfast operations shall be subject to the following regulations:
(1) One small, unlighted announcement sign not exceeding three square feet in area may be attached to and parallel with the front porch or wall of the building.
(2) One parking space per guestroom plus two spaces for residence. Spaces shall be located to the side and/or rear of the building and shall be screened from adjacent properties by a four-foot high wood or masonry fence or by sight- obscuring vegetation of the same height.
(3) The only meal to be provided guests shall be breakfast, and it shall only be served to guests taking lodging in the facility.
(4) Rooms used for sleeping shall be part of the primary residential structure and shall not have been specifically constructed for rental purposes.
(5) The owner(s) or a member of the owner’s family shall reside on the premises.
(6) Individual guests may not stay at the facility for more than fourteen (14) days in any one-year period.
(d) Convenience Retail Stores: Gasoline Filling Businesses.
(1) The minimum lot size for establishing such a business shall be 30,000 square feet.
(2) Such businesses shall have a minimum lot frontage of 150 feet.
(3) The minimum building setback for such a business shall be 100 feet from the edge of the future right of way.
(4) The minimum gasoline pump island setback for such a business shall be thirty feet from the edge of the future right of way.
(5) The minimum distance between the gasoline-pump island and the convenience retail store building shall be sixty-five feet.
(6) Such businesses shall be permitted to have only one gasoline pump island which contains a maximum of four gasoline pumps.
(7) Such businesses shall not be permitted to have an entrance or an exit within fifty feet of an intersection.
(8) Loading and unloading areas shall be confined to the side and/or rear of the convenience retail store - gasoline filling business.
(9) With the exception of landscaped areas, the entire lot of such businesses shall be improved with a durable dustless surface consisting of either asphalt or concrete.
(10) Such businesses shall be required to demonstrate that a public need clearly exists as a basis for their establishment.
(11) Such businesses shall be permitted only where they will not be the cause of additional traffic hazards or undue congestion.
(12) Such businesses shall not be permitted to establish either vacuuming facilities for the cleaning of automotive vehicles, or canopies which provide partial protection from the elements for those customers buying fuel at a gasoline pump island.
(13) The sale of stuffed animals, blankets, toys, pennants, posters and similar merchandise shall be permitted to be sold only when displayed entirely, within the building housing the convenience retail store business.
(e) Adult Entertainment Facility.
(1) No adult entertainment facility shall be established within 1,000 feet of any area zoned for residential use.
(2) No adult entertainment facility shall be established within a radius of 2,000 feet of any school, library or teaching facility, whether public or private, governmental or commercial, when that school, library or teaching facility is attended by persons less than eighteen years of age.
(3) No adult entertainment facility shall be established within a radius of 1,000 feet of any park or recreational facility attended by persons less than eighteen years of age.
(4) No adult entertainment facility shall be established within a radius of 1,000 feet of any other adult entertainment facility or within a radius of 1,000 feet of any two of the following establishments:
A. Establishments for the sale of beer or intoxicating liquor for consumption on the premises.
B. Billiards and amusement centers.
C. Dance halls or discotheques.
(5) No adult entertainment facility shall be established within a radius of 2,000 feet of any church, synagogue or permanently established place of religious services.
(6) Displays or other promotional materials shall not be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways, or from other areas public or semi-public.
(7) All building openings, entries, windows, etc. for adult uses shall be located in such a manner as to provide a view into the interior from any public or semi-public area, sidewalk or street.
(8) No employees of the subject establishment shall conduct themselves outside the confines of the structure in such attire and/or by actions, in a manner distracting, distasteful and/or detrimental to adjacent business interests, residents or passersby.
(9) No screens, loudspeakers or sound equipment shall be used for adult motion picture theaters (enclosed or drive-in) that can be seen or discerned by the public from public or semi-public areas.
(10) The interior of such a facility shall not be partitioned off to contain separate enclosed spaces with the exception of those required by code in utilizing proper construction standards. An example of required spaces would be restroom facilities.
(11) No person knowingly shall allow an individual, including, but not limited to, a patron, customer, or employee, who is less than eighteen years of age on the premises of an adult entertainment establishment.
(12) No individual who is less than eighteen years of age knowingly shall show or give false information concerning the individual’s name or age, or other false identification, for the purpose of gaining entrance to an adult entertainment establishment.
(13) In granting any such conditional use, the Planning Commission may prescribe any conditions that it deems necessary in the public interest. However, no conditional use shall be approved by the Commission unless it finds that the use for which such approval is sought is not likely to be dangerous or detrimental to nearby properties, that the use will not be contrary to any program of conservation or improvement, either residential or nonresidential, or be contrary to the public safety, morals and general welfare of the City.
(f) Bars/Taverns/Drinking Places.
(1) No taverns/bar/drinking place shall be permitted to be established within 500 feet of another bar/tavern/drinking place.
(2) There shall be adequate on premise and off-premise security and safety measurements for patrons, as well as the general public.
(3) Potential evening traffic at or near closing time shall be properly addressed.
(4) Noise from operations shall not exceed acceptable level as mandated by the Trotwood Codified Ordinance.
(5) The hours of operation shall not exceed the regulations governed by the Ohio Liquor Control Board.
(6) Structure shall be set back a minimum of 200 feet from a residential zoning district.
(7) There shall be adequate dumpsters capacity and pick up frequency to maintain the site litter-free.
(8) Site shall be a minimum of 500 feet from a church, school, or similar institution, except in a commercial zoning district.
(9) The operator shall with Trotwood Police Department to develop logistical coordination for events anticipated to have large crowds.
(10) No outdoor venues shall be permitted.
(Ord. 20-23. Passed 6-5-23.)
1135.01 PURPOSE.
The purpose of this chapter is to determine if the nature of a use not specifically mentioned in this Zoning Ordinance is, in fact, similar to a use which is permitted within a particular district.
(Ord. 1-99. Passed 1-19-99.)
1135.02 AUTHORIZATION TO MAKE A DETERMINATION.
(a) The Planning Commission shall have the authority to make a determination.
(b) The Zoning Administrator shall make a thorough investigation and analysis of an application for a determination, and shall afterwards prepare a written report, along with recommendations, for submission to the Planning Commission.
(c) Within forty-five days of the receipt of an application for a determination, the Planning Commission shall hold a meeting to determine the similarity of the proposed use to either a principal or conditional use which is specifically permitted within the same district. Note: Neither a public hearing nor notification to property owners with 300 feet of the proposed use shall be required.
(d) Whenever the Planning Commission determines that the proposed use is similar in nature and comparative with a principal use within a particular district, it shall authorize the Zoning Administrator to approve the processing of all required permit applications.
(e) Whenever the Planning Commission determines that the proposed use is similar in nature to a conditional use within a particular district, it shall instruct the Zoning Administrator to notify the applicant that an application for a conditional use permit must be filed.
(f) Whenever the Planning Commission approves a similar use application, the Zoning Administrator shall note in his/her copy of the Zoning Code that such use has been approved by the Planning Commission and said use shall be added to the pertinent Zoning District Uses.
(Ord. 45-08. Passed 12-15-08.)