Trotwood City Zoning Code

TITLE NINE

Supplemental Zoning Regulations

APPENDIX B SCHEDULE OF PERMITTED AND CONDITIONAL USES BY DISTRICT

(Ord. 06-25. Passed 5-5-25.)

CODIFIED ORDINANCES OF TROTWOOD

1175.01 PURPOSE.

The purpose of this Chapter is to provide minimum standards involving the development of land to provide attractive views from roads and adjacent properties; to screen from view visually undesirable uses; to require screening between incompatible land uses and to protect the health, safety and welfare of the community through the reduction of noise, air and visual pollution, and headlight glare.

(Ord. 1-99. Passed 1-19-99.)

1175.02 APPLICABILITY.

This section shall apply to new property development and any collective substantial expansion of existing structures, except for individual single family dwellings and two family dwellings (duplexes) and parking lots of five (5) spaces or smaller. Substantial expansion of existing structures shall be defined based on the criteria established below:

When Existing Structure is....	A Substantial Expansion is...
0 - 1,000 Sq. Ft. 1,001 – 10,000 Sq. Ft. 10,001 – 25,000 Sq. Ft. 25,001 – 50,000 Sq. Ft. 50,001 Sq. Ft. and larger	50% or Greater 40% or Greater 30% or Greater 20% or Greater 10% or Greater

(Ord. 1-99. Passed 1-19-99.)

1175.03 GENERAL REQUIREMENT FOR SUBMISSION.

Any property to which this Chapter applies shall submit a bufferyard plan to the Planning Commission as part of the site plan review. Bufferyard plans shall be prepared by and/or certified by a design professional practicing within their areas of competence. The site plan shall contain the following information:

(a) Plans must be at a reasonable scale to indicate all types of proposed landscaping improvements at a minimum of 1" = 20' and shall include the following minimum information:

(1) North arrow and scale.

(2) The name of applicant/owner.

(3) The name, address and phone number of the person or firm responsible for the preparation of the buffering plans.

(4) The dates the plans are submitted or revised.

(5) All existing and proposed buildings and other structures, paved areas, planted areas, utility poles, fire hydrants, light standards, signs, fences and other permanent features to be added and/or retained on the site.

(6) All existing plant material to be removed or retained.

(7) All existing and proposed streets, sidewalks, curbs and gutters, railroad tracks, drainage ditches and other public or semi-public improvements within and immediately adjacent to the site.

(8) Contour lines shall be shown if the grades are in excess of three percent (3%) slope.

(9) Proposed elevation at sufficient locations and existing elevations of the site to clearly show the drainage patterns.

(10) All property lines and easements.

(b) Included on all plans shall be a table listing the existing plant material to be retained and all proposed plant material within the bufferyard or landscaped area only. This shall include the common and botanical names, sizes and other remarks as appropriate to describe the plant material selection.

(d) The plans shall include any proposed irrigation plan which shall include the following:

(1) Location and type of all sprinkler heads.

(2) Size of mainline and irrigation piping.

(3) Location and size of water meter.

(4) Location of backflow prevention device.

(5) Location and size of all valves.

(6) Location of irrigation controller.

(Ord. 45-08. Passed 12-15-08.)

1175.04 APPROVAL.

(a) No site or development plan required under this Zoning Code shall receive final approval unless a landscaping plan has been submitted and approved.

(b) No certificate of zoning compliance shall be issued unless the following criteria are fully satisfied with regard to the approved landscape plan:

(1) Such plan has been fully implemented on the site; or

(2) Such plan, because of seasonal conditions, cannot be implemented immediately, but has been guaranteed by a postponed improvement agreement between the developer and the City in a form acceptable by the City Legal Counsel and secured by a letter of credit, cash escrow or other instrument acceptable to the City Legal Counsel in an amount equal to the cost of such installation plus a ten percent (10%) allowance for administrative costs, inflation and potential damage to existing vegetation or improvements.

(Ord. 1-99. Passed 1-19-99.)

1175.05 BUFFERYARD MATERIALS AND STANDARDS.

New development shall provide buffering yards as provided in Section 1175.10. Existing vegetation shall be preserved in accordance to acceptable nursery industry procedures. The following items are suitable for screening use individually or in combination with each other provided they create a dense screen, subject to review and approval by the Planning Commission. Nursery stock identification tags shall not be removed from any planting prior to inspection and approval of final installation by the City.

(a) Walls and Fences. When walls or fences are used to fulfill screening requirements, they shall be detailed on the plan. They are to be of weather-proof materials. This includes pressure treating or painting of lumber if it is not redwood or cedar and using aluminum or galvanized hardware. Chain link fences with or without wooded or synthetic slat material shall not be allowed when used to satisfy bufferyard and landscaping requirements.

(b) Plants. All plants are to be living and part of the acceptable plants list identified in the following section. Plant materials used in conformance with the provision of this section shall conform to the standards of the American Association of Nurserymen and shall have passed any inspection required under state regulations. Trees shall be balled and burlapped or in containers. Shrubs, vines and ground covers can be planted as bare root as well as balled and burlapped or containers.

(1) Deciduous trees. Deciduous trees shall have a minimum caliper of at least 2½ inches conforming to acceptable nursery industry procedures at the time of planting. If deciduous trees are to be used for screening purposes, additional materials listed in this Section must be used to create a dense buffer.

(2) Evergreen trees. Evergreen trees shall be a minimum of six feet (6') in height at the time of planting. Evergreen plantings shall be designed to provide an effective, dense screen within four (4) years of planting.

(3) Shrubs and hedges. Shrubs and hedges shall be at least thirty-six inches (36") in height at the time of planting. All shrubs and hedges shall be designed to provide an effective, dense screen and mature height of at least six feet (6') within four (4) years after the date of the final approval of each planting. The height at installation of the planting shall be measured from the level of the surface of the plant base at the edge closest to the screening.

(4) Grass or ground cover. Grass of the Fescus (Gramineak) or Bluegrass (Poaceae) family shall be planted in species normally grown as permanent lawns in Montgomery County. In swales or other areas subject to erosion, solid sod, erosion reducing net, or suitable mulch shall be used and nurse grass seed shall be sown for immediate protection until complete coverage otherwise is achieved. Grass sod shall be clean and free of weeds and noxious pests or diseases. Ground cover shall be planted in such a manner as to provide 75% complete coverage after two growing seasons.

(5) Earth mounds. Earth mounds may be used as physical barriers which block or screen a view. Differences in elevation between areas requiring screening does not constitute an earth mound. Earth mounds shall be constructed of earthen materials and shall conform to the following standards:

A. The maximum side slope shall be three horizontal to one vertical (3:1) and the design shall be reviewed by the Planning Commission to ensure that proper erosion prevention and control practices have been utilized.

B. Berms and earthforms shall be designed with physical variations in height and alignment throughout their length.

C. Landscape plant material installed on berms and earthforms shall be arranged in an irregular pattern to accentuate the physical variation and achieve a natural appearance.

D. The landscape plan shall show sufficient detail, including a plan and profile of the berm or earthform, soil types and construction techniques to demonstrate compliance with the above provisions.

E. Berms and earthforms shall be located and designed to minimize the disturbance to existing trees located on the site or adjacent thereto.

F. No part of any berm or earthform which is elevated more than eighteen inches (18") above natural grade shall be located within twenty feet (20') of any right-of-way or property line.

G. Adequate ground cover shall be used and maintained to prevent erosion of the earth mound.

(c) Maintenance of Landscaping and Bufferyards. All landscaping materials shall be installed and maintained according to accepted nursery industry procedures. The owner of the property shall be responsible for the continued property maintenance of all landscaping materials, and shall keep them in a proper, neat and orderly appearance, free from refuse and debris at all times. All unhealthy or dead plant material shall be replaced within one year, or by the next planting period, whichever comes first. Violation of these installation and maintenance provisions shall be grounds for the Zoning Administrator to refuse a building occupancy permit, require replacement of the landscape material or institute legal proceedings to enforce the provisions of this section. Landscaping that cannot be installed because of inclement weather shall be installed as soon as weather permits as determined by the Zoning Administrator. In cases where landscaping cannot be installed prior to issuance of a certificate of occupancy, a landscaping bond shall be provided to the City in an amount sufficient to pay for all required grass and landscaping requirements. Any individual or single landscaped area larger than 5,000 square feet shall be irrigated with an in-ground sprinkler system.

(d) Bufferyard Establishment. Once a bufferyard has been approved by the Planning Commission and established by the owner, it may not be used, disturbed or altered for any purpose.

(Ord. 45-08. Passed 12-15-08.)

1175.06 CONFLICTS IN REQUIREMENTS.

When an activity or land use falls under more than one of the categories listed in the matrix in Section 1175.10, the most stringent of the requirements shall be applied.

(Ord. 1-99. Passed 1-19-99.)

1175.07 EASEMENTS, RIGHT-OF-WAY AND SETBACKS.

Required landscaping may be placed wholly or partially in utility or other easements providing all requirements can be fulfilled and approval is granted by the holder of the easements. Trees placed under overhead utility wires must be from List B, in Section 1175.13.

Landscaping must also be placed in the required area between the property line and the front, rear and side yard setbacks.

In no case, however, shall landscaping and bufferyards be established so as to block the sight distance at street or drive intersections. Ground cover and trees with at least eight feet of limbless trunk shall be permitted within the sight distance triangle. In the case of a city street intersection, the sight triangle shall consist of the area between points twenty feet (20') along both intersecting streets from their respective edge of pavements.

(Ord. 1-99. Passed 1-19-99.)

1175.08 LANDSCAPING FOR OFF-STREET PARKING AREAS.

Landscaping for any outdoor parking area shall be provided around the perimeter as indicated in the matrix in Section 1175.10. Parking areas containing six (6) spaces or larger shall provide for perimeter landscaping. Parking areas containing more than 6,000 square feet of area or 20 or more vehicular parking spaces, whichever is less, shall provide interior landscaping of the peninsular or island types of uncompacted, well-drained soil as well as perimeter landscaping. For each 100 square feet or fraction thereof of parking area, at least five square feet of landscape area shall be provided.

(a) Interior Landscape Requirements.

(1) Minimum area. The minimum landscape area permitted shall be 64 sq. ft. with a four-foot minimum dimension to all trees from edge of pavement where vehicles overhang.

(2) Maximum contiguous area. In order to encourage the required landscape areas to be properly dispersed, no individual landscape area shall be larger than 350 square feet in size in parking areas less than 30,000 square feet and no individual area shall be larger than 1,500 square feet in parking areas over 30,000 square feet. In both cases, the least dimension of any required area shall be four feet minimum dimension to all trees from edge of pavement where vehicles overhang. Individual landscape areas larger than above are permitted as long as the additional area is in excess of the required minimum total.

(b) Minimum Tree Specifications.

(1) A 1¾" diameter tree for medium and large trees and 1¼" diameter tree for small trees (as measured 6 inches above ground) shall be planted for each 5,000 sq. ft. of total ground coverage, structures and pavement for vehicular use. Each island in a vehicular use area shall contain at least one (1) tree. Refer to Plant List for listing of trees.

(2) To retain visibility, trees shall have a clear trunk of at least five feet above the ground. The remaining area shall be landscaped with shrubs, and/or ground cover, not to exceed three feet (3') in height.

(c) Perimeter Landscaping for Parking Lots. Parking lots shall have perimeter buffer zones of a minimum width of 6½ feet containing evergreen plant material that will achieve an effective, dense screen of a height of at least three feet at the time of installation. Perimeter buffer zone shall also contain deciduous trees.

(d) Vehicle Overhang. Parked vehicles may not hang over the interior landscaped area. Concrete or other wheel stops shall be provided to ensure no overhang or penetration on the landscaped area.

(e) Grass or ground cover shall be planted on all portions of the easements not occupied by other landscaped material. Such material fulfills required interior or perimeter landscaping.

(f) A system which provides irrigation to all planted materials shall be installed at the time of installing plantings.

(Ord. 45-08. Passed 12-15-08.)

1175.09 LANDSCAPING FOR SERVICE STRUCTURES.

Service structures shall include but not be limited to loading docks, propane tanks, dumpsters, electrical transformers, utility vaults which extend above electrical and other equipment or elements providing service to a building or a site. Structures may be grouped together. However, screening height shall be based upon the tallest of the structures.

(a) Location of Screening. A continuous planting of evergreen, fence or wall of earth must enclose any service structure on all sides, unless such structure must be frequently moved or accessed, in which case screening material shall be one foot more than the height of the enclosed structure, but shall not be required to exceed 10 feet in height. Whenever a service structure is located next to a building wall, perimeter landscaping material shall be of an average height sufficient to meet the height requirements set out in this section. Whenever service structures are screened by plant material, such material may count towards the fulfillment of required interior or perimeter landscaping. No interior landscaping shall be required within an area screened for service structures.

(b) Curbs to Protect Screening Material. Whenever screening material is placed around any trash disposal unit or waste collection unit which is emptied or removed mechanically on a regular basis, a curb to contain the placement of the container shall be provided within the screening material. The curbing shall be at least one foot from the material and shall be designed to prevent possible damage to the screening when the container is moved or emptied.

(Ord. 1-99. Passed 1-19-99.)

1175.10 BUFFERYARD REQUIREMENTS.

WHEN...	IS PROPOSED TO ABUT...	A MINIMUM BUFFER OF...	PLANT MATERIAL
Any commercial land use Any office land use	Any R-E, RSF-L, RSF-M, RSF-H, R-TF, RMF-L, RMF-H, O-R or P/OS zone or land use.	15' side and/or rear buffer is required with... 10' side and/or rear buffer is required with...	EITHER: 1 tree (A)1 @ 25'-35' O.C.2 + a double row 6' hedge (E)1 OR 6' wall, fence or earthmound + 3' hedge (D)1 + 1 tree (A)1 @ 25'- 35' O.C.2 OR A double row, staggered planting of trees (C)1 15' O.C.2
Any industrial land use	Any RE, RSF-L, RSF-M, RSF-H, R-TF, RMF-L, RMF-H or O-R, N-B, OT-B, G-B, R-B, B-P, C-R, P/OS or A zone or land use.	20' side and/or rear buffer is required with...	40' wide, 6' tall earthen berm + a double row of staggered trees (C)1 @ 15' O.C.2 STORAGE YARD - 6' fence or wall + hedge (E)1 facing front yard only and/or drive
Any multi-family land use4	Any RE, RSF-L, RSF-M, RSF-H, R-TF or O-R zone or land use.	15' side and/or rear buffer is required with...	EITHER: 1 tree (A)1 @ 25'-35' O.C.2 + a double row 6' hedge (E)1 OR 6' wall, fence or earthmound + a 3' hedge (E)1 OR a double row, staggered planting of trees (C)1 15' O.C.2

WHEN...	IS PROPOSED TO ABUT...	A MINIMUM BUFFER OF...	PLANT MATERIAL
Any institutional land use	Any RSF-L, RSF- M, RSF-H, R-TF, O-R or P/OS or zone or land use.	15' side and/or rear buffer is required with...	EITHER: A staggered double row of evergreens and trees (B and C)1 @ 15' O.C.2 + a single row 6' hedge (E)1 OR a 6' wall or fence + 1 tree (A)1 @ 25'-35' O.C.2
Subdivision lots requiring sidewalks	The public right- of-way (street)	8' between curb & sidewalk or edge of pavement & sidewalk	EITHER: 1 tree (A)1 @ 25'-35' O.C.2 OR 1 tree (B)1 @ 20'-30' O.C.2
Any commercial zone or business zone or land use	The public right- of-way, public or private street	10% of total front yard area must be landscaped with....	Trees, shrubs, planting beds, and/or perennials in a motif designed by the owner. This is in addition to other required landscaping
A Parking Area 3 associated with any zone or land use except single- family residences	Any public or private street	6½' perimeter screening easement with....	EITHER: 1 tree (A)1 @ 25'-35' O.C.2 + shrubs (D or E)1 @ 3' O.C.2 OR 1 tree (B)1 @ 20'-30' O.C.2 + shrubs (D or E)1 @ 3' O.C.2 (1 tree minimum)
Interior Parking Area landscaping		See Section 1175.08 for standards and regulations.	See Section 1175.08 for standards and regulations.
Any new agricultural land use	Any R-E, RSF-H, RSF-M, RSF-L, R-TF, R-FF, RMF-H, RMF-L or O-R zone or residential land use	A single row planting......	Of warm season grasses.

1(A, B, C, D or E) - Means plantings from the list(s) in parentheses following this section.

2 O.C. - Means on center unless otherwise noted.

3 In this situation, the property perimeter screening may also count as Parking Area perimeter screening.

4 Duplex and single family residences are both permitted in the RMF Zone District. No landscaping is required between these uses when both exist side by side within the RMF Zone District. (Ord. 02-12. Passed 2-6-12.)

1175.11 PRESERVATION OF EXISTING TREES AND REPLACEMENT OF TREES REMOVED.

All persons shall make reasonable efforts to preserve and retain any existing, self- supporting trees as defined in the Plant Lists in this Chapter. The size tree deemed “self- supporting” is as follows:

(a) From Plant List A, six caliper inches;

(b) From Plant List B, two caliper inches; and

Replacement planting for any trees removed from the site as indicated above should be replaced with a trees no less than 50% of the total caliper inches of trees removed.

(Ord. 1-99. Passed 1-19-99.)

1175.12 MODIFICATIONS.

The Planning Commission may approve modifications to the bufferyard requirements. The Commission shall base its decision on ALL of the following criteria:

(a) The specific conditions which are unique to the applicant's land.

(b) The manner in which the strict application of the provision of this Chapter would deprive the applicant of a reasonable use of the land in a manner equivalent to the use permitted other landowners in the same zone.

(c) The unique conditions and circumstances are not the result of actions of the applicant subsequent to the adoption of this Chapter.

(d) Reasons that the modification shall preserve, not harm, the public safety and welfare, and shall not alter the essential character of the neighborhood.

(e) A demonstration that the applicant has provided for a buffer that achieves the spirit of this Chapter.

The Planning Commission may also approve the use of existing trees within the proposed bufferyard area if the tree is not included on the plant lists in Section 1175.13, if native and hardy to zones 5-6 of the United States Department of Agriculture Plant Hardiness Zone Map.

(Ord. 1-99. Passed 1-19-99.)

1175.13 PLANT LISTS.

The following list of plants shall be used for the matrix in Section 1175.10.

PLANT LIST A

SHADE TREES

These trees are hardy in zones 5 - 6, are deciduous and reach a mature height as indicated by the following: Large - 60', Medium - 40', Small - 20'. Other shade trees which are native and hardy to zone 5-6 of the United States Department of Agriculture Plant Hardiness Zone Map may also be used within the landscaped or bufferyard area.

LARGE TREES

Common Plant Names Plant Botanical Name Specie Cultivars	European Beech Fagus sylvatica	Norway Maple Acer platanoides Columnaire Crimson King Summershade
Common Plant Names Plant Botanical Name Specie Cultivars	Ginkgo Ginkgo biloba (male only) Autumn Gold Fastigiata Sentry	Pin Oak Quercus Palustris Sovereign Crown Rite
Common Plant Names Plant Botanical Name Specie Cultivars	Red Maple Acer rubrum Autumn Flame October Glory Red Sunset	Scarlet Oak Quercus coccinea
Common Plant Names Plant Botanical Name Specie Cultivars	Red Oak Quercus rubra	London Plane Tree (Sycamore) Plantanus x acerifolia
Common Plant Names Plant Botanical Name Specie Cultivars	Tulip Poplar Liriodendron tulipifera	Sugar Maple Acer saccharum
Common Plant Names Plant Botanical Name Specie Cultivars	Sweetgum Liquidambar styraciflua	Willow Oak Quercus phellos
Common Plant Names Plant Botanical Name Specie Cultivars	Elm Ulmus parvifolia Lace Bark Elm	Shumardi Oak Quercus shumardii
Common Plant Names Plant Botanical Name Specie Cultivars	Shingle Oak Quercus imbricaria

MEDIUM TREES

Common Plant Names Plant Botanical Name Specie Cultivars	Callery Pear Pyrus calleryana Aristocrat Chancellor	Littleleaf Linden Tilia cordata Chancellor Greenspire June Bride
Common Plant Names Plant Botanical Name Specie Cultivars	Japanese Pagoda Tree Sophora japonica Regent	Japanese Zelkova Zelkova serrata
Common Plant Names Plant Botanical Name Specie Cultivars	Thornless Honey Locust Gleditsia triacanthos Moraine Shademaster Skyline Imperial	Yellowwood Cladrastis lutea
Common Plant Names Plant Botanical Name Specie Cultivars	Amur Cork Phellondendron amurense	River Burch Betula nigra
Common Plant Names Plant Botanical Name Specie Cultivars	Katsura Tree Cercidiphyllum japonicum

SMALL TREES

Common Plant Names Plant Botanical Name Specie Cultivars	Sourwood Oxydendron arboreum	Hedge Maple Acer campestre Queen Elizabeth
Common Plant Names Plant Botanical Name Specie Cultivars	Amur Maple Acer ginnala Flame	Paperbark Maple Acer griseum
Common Plant Names Plant Botanical Name Specie Cultivars	European Hornbeam Carpinus betulus Upright	Hornbeam Ostrya virginiana

PLANT LIST B

FLOWERING TREES

These trees are hardy in zones 5 - 6, are deciduous and reach a mature height not exceeding 30 feet.

Common Plant Names Plant Botanical Name Specie Cultivars	Callery Pear Pyrus calleryana Aristocrat Chancellor	Downy Serviceberry Amelanchier canadensis
Common Plant Names Plant Botanical Name Specie Cultivars	Crabapple Malus varieties Bob White Sargeant Snowdrift White Angel	Allegheny Serviceberry Amelanchier laevis Robin Hill
Common Plant Names Plant Botanical Name Specie Cultivars	Eastern Redbud Cercis canadensis Flame Forest Pansey Royal	Sweetbay Magnolia Magnolia virginiana
Common Plant Names Plant Botanical Name Specie Cultivars	Dogwood Cornus florida Cornus kousa Cornus mas	Lilac Syringa reticulata Japanese Silk Lilac Ivory Silk Lilac
Common Plant Names Plant Botanical Name Specie Cultivars	Golden Raintree Koelreutaria paniculata	Witch Hazel Hamamelis virginiana
Common Plant Names Plant Botanical Name Specie Cultivars	Green Hawthorne Crataegus virdis Winter King	Saucer Magnolia Magnolia soulangiana
Common Plant Names Plant Botanical Name Specie Cultivars	Sargent Cherry Prunis sargentii Columnari Kwanzan	Star Magnolia Magnolis stellata

PLANT LIST C

EVERGREEN TREES

These trees that are hardy in zones 5 - 6, are evergreen, can reach a mature height over 30 feet and if not limbed-up, can create a screen from the ground level up.

Common Plant Names Plant Botanical Name Specie Cultivars	American Holly llex opaca Xanthocarpa
Common Plant Names Plant Botanical Name Specie Cultivars	Austrian Pine Pinus nigra
Common Plant Names Plant Botanical Name Specie Cultivars	Canadian Hemlock Tsuga canadensis
Common Plant Names Plant Botanical Name Specie Cultivars	Carolina Hemlock Tsuga caroliniana
Common Plant Names Plant Botanical Name Specie Cultivars	Eastern Red Cedar Juniperus virginiana
Common Plant Names Plant Botanical Name Specie Cultivars	Colorado Blue Spruce Picea pungens Glanca
Common Plant Names Plant Botanical Name Specie Cultivars	Norway Spruce Picea abies
Common Plant Names Plant Botanical Name Specie Cultivars	Scotch Pine Pinus sylvestris
Common Plant Names Plant Botanical Name Specie Cultivars	Southern Magnolia Magnolia grandiflora
Common Plant Names Plant Botanical Name Specie Cultivars	White Fir Abies concolor
Common Plant Names Plant Botanical Name Specie Cultivars	White Pine Pinus strobus

PLANT LIST D

DECIDUOUS SHRUBS

These perrenial woody plants grow at least 3 feet in height, are tolerant in zones 5 - 6 and are deciduous.

Common Plant Names Plant Botanical Name Specie Cultivars	Burning Bush Euonymus alatus Compactus
Common Plant Names Plant Botanical Name Specie Cultivars	Doublefile Viburnum Viburnum plicatum tomentosum
Common Plant Names Plant Botanical Name Specie Cultivars	Forsythia Species
Common Plant Names Plant Botanical Name Specie Cultivars	Glossy Abelia Abelia grandiflora
Common Plant Names Plant Botanical Name Specie Cultivars	Quince Chaenomeles speciosa
Common Plant Names Plant Botanical Name Specie Cultivars	Shrub Cinquefoil Potentilla fruticosa
Common Plant Names Plant Botanical Name Specie Cultivars	Spirea Species
Common Plant Names Plant Botanical Name Specie Cultivars	Spreading Cotoneaster Cotoneaster divaricata
Common Plant Names Plant Botanical Name Specie Cultivars	Winterberry Barberry Berberis julianne

PLANT LIST E

EVERGREEN SHRUBS

These perrenial woody plants grow at least 3 feet in height, are tolerant in zones 5 -6 and are evergreen.

Common Plant Names Plant Botanical Name Specie Cultivars	Anglojap Yew Taxus x media Brownii Densiformis Hicksii Wardii
Common Plant Names Plant Botanical Name Specie Cultivars	Blue Holly llex x meserveae Blue Angel Blue Prince Blue Princess
Common Plant Names Plant Botanical Name Specie Cultivars	Chinese Juniper Juniperis chinensis Hetzil Keteleeri Mint Julip Robusia Green
Common Plant Names Plant Botanical Name Specie Cultivars	Japanese Holly llex crenata Microphylla Rotundifolia
Common Plant Names Plant Botanical Name Specie Cultivars	Japanese Yew Taxus cuspidata Capitata Intermedia Nana
Common Plant Names Plant Botanical Name Specie Cultivars	Korean Boxwood Buxus microphylla koreana
Common Plant Names Plant Botanical Name Specie Cultivars	Leatherleaf Viburnum Viburnum rhytidophyllum
Common Plant Names Plant Botanical Name Specie Cultivars	Mugho Pine Pinus mugho
Common Plant Names Plant Botanical Name Specie Cultivars	Spreading Yew Taxus x media

1175.14 MONARCH TREE PROTECTION.

(a) Purpose. It is the purpose of this section to protect existing trees from destructive pruning practices and to preserve “Monarch Trees” as defined herein. It is thereby further the purpose of this section to promote the public health, safety, and general welfare, to beautify and enhance improved and undeveloped land, to preserve and protect both the natural and historic amenities within the City, and to ensure that the destruction of Monarch Trees and the unauthorized pruning of other trees within the City of Trotwood does not reduce property values.

(b) Removal of Monarch Trees Prohibited.

(1) No person, firm, organization, society, association or corporation, or any agent or representative thereof shall directly or indirectly destroy or remove any Monarch Tree, unless otherwise authorized under provisions of this section, in which case a permit from the City of Trotwood for such removal may be required.

(2) This section shall not restrict the ability of the City, public utilities, and electric suppliers from maintaining reasonable safe clearance around utility lines with full disclosure to the City of Trotwood and approval of a permit by the Zoning Administrator. Within City easements and road rights-of- way, the Director of Public Works may authorize the pruning or removal of trees as necessary to maintain the easement and rights-of-way.

(c) Submission of Landscape Plans. Where application for a building or zoning permit or any other construction activity is submitted to the City of Trotwood, a landscape plan in accordance with the requirements of Chapter 1175 of this Ordinance shall be submitted. In addition, the following information with regard to Monarch Trees, shall also be submitted along with any other information required to be submitted with the application.

(1) A survey of Monarch Trees, if any; and

(2) Specifications for protection of Monarch Trees or other trees to be maintained during development.

(d) Exceptions/Appeals.

(1) In the event that any tree shall be determined to be in hazardous or dangerous condition so as to endanger the public health, safety, or welfare, and to require immediate removal without delay, written authorization shall be given by the Zoning Administrator and the tree removed, except where it is deemed that an emergency exists within a public road right-of-way, or public easements, the Director of Public Works may authorize the removal of trees as necessary to protect the public health and safety.

(2) During the period of an emergency, such as a tornado, hurricane, ice storm, flood, or any other act of nature, the requirements of this section may be waived by the Zoning Administrator or Trotwood Tree Preservation Board.

(3) Any decision of the Zoning Administrator relative to the administration of the requirements of this section may be appealed to the Trotwood Tree Preservation Board.

(4) Commercial Timber Operations - Trees grown specifically for sale or harvest by commercial nurseries are exempt from the provisions of this section.

(e) Application and Scope. Protection of Monarch Trees. The destruction of any Monarch Tree is prohibited. All Monarch Trees must be shown on subdivision plats. Lots and roadways shall not be sited so as to place a Monarch Tree in a location that will require the removal of that tree for construction of a dwelling unit or road.

(f) Protective Barricades. Protective barricades shall be placed around all Monarch trees located in development areas prior to the commencement of any work, and shall remain in place until development activities are complete or construction in accordance with standards set forth in this section commences. The area within the protective barricade shall remain free of all building materials, dirt, or other construction materials, debris, vehicles, and development activities. Barricades shall be erected at a minimum distance from the base of Monarch Trees. Protective barricades shall be placed at a minimum distance equal to ten (10') feet from the base of a Monarch Tree, plus an additional one (1') foot for each additional one (1") inch DBH greater than ten (10") inches DBH or to drip line, whichever is greater.

(g) Passive Tree Protection. Passive forms of tree protection may be utilized to delineate tree save areas which are remote from areas of land disturbance. These areas must be completely surrounded with continuous rope or flagging (heavy mill, minimum two (2") inches wide). All passive tree protection must be accompanied by “Keep Out” or “Tree Protection Area” signage.

(h) Encroachment.

(1) Construction within the protective barricade. Changes in grade or construction of impervious surfaces or utilities within the required protective barricade shall be permitted subject to the following guidelines: construction of impervious surfaces shall not be permitted within five (5') feet of the base of the Monarch Tree, unless special construction methods, including, but not limited to, tree feeders and porous paving materials are used and certified as acceptable by a reputable tree service, arborist, or other qualified organization.

(2) Roots outside barricade. All roots outside of the protective barricade to be removed during the development shall be served clean and a two (2") inch layer of mulch be applied over the surface of exposed roots during development.

(i) Trenching. The installation of utilities through a protective zone should occur by way of tunneling rather than trenching. If roots must be cut, proper root pruning procedures must be employed.

(j) Remedial Procedures/Pruning.

(1) Pruning.

A. Remedial site reclamation and tree care procedures shall be implemented when encroachment within protective zones either will cause damage or has caused damage to either the tree or the tree growing site, and the damage is repairable. If encroachment is anticipated, or has happened, these practices should be employed as preemptive measures to improve survival. The following practices shall be applied where appropriate.

1. Pruning specifications as provided by the National Arborist Association (NAA) in “Pruning Standards for Shade Trees” shall apply. Any person or company representing themselves as pruners or nurserymen shall require a permit from the City of Trotwood and all pruning shall be performed to National Arborist Association standards. All trees on City owned property or within City rights-of-way shall be pruned by pruners licensed by the City of Trotwood and shall prune according to National Arborist Association Standards.

(2) Fertilizer. Fertilizer applications will enhance the vigor of trees stressed by site disturbances, thereby promoting root development. Information regarding appropriate fertilizers and application rates may be obtained from the County Soil Conservation Office.

(3) Soil.

A. A tree’s ability for adequate root development, and ultimately its chances for survival, are improved with reclamation of the growing site.

B. Wherever possible, the soil should be brought back to its natural grade. Unnecessary fill, compaction, erosion sedimentation, concrete washout, and construction debris should be removed. When machinery is required for site improvement, it is recommended that a “Bobcat” or similar lightweight, rubber tire vehicle be used so as to minimize soil compaction.

C. Compacted soil within the critical root zones of trees should be aerated. This is best accomplished with a two (2") inch diameter auger. Holes should be drilled to a depth of six (6") inches to twelve (12") inches, approximately two (2') to three (3') feet apart, and radiating outward from the tree’s trunk in a bicycle spoke configuration. This aeration technique is also recommended for areas affected by minor fill or the sedimentation of erosion materials.

D. The air exchange, nutrient, and water-holding capabilities of soils can be improved with soil amendments. This is best accomplished by back-filling holes from aeration, with mineral amendments such as perlite, vermiculite, isolate and the like.

E. A four (4") to six (6") inch layer of mulch material, such as pine straw, pine bark, or wood chips, spread within the critical root zones of trees on construction sites is extremely beneficial. These benefits include:

1. Conservation of soil moisture.

2. Reduced rainfall runoff and erosion.

3. Reduced soil compaction from construction activities.

4. Reduced competition from grasses and weeds.

5. Increased soil fertility.

6. Improved soil structure.

7. Moderation of soil temperature, with a subsequent increase in root development activity.

(k) Tree Removal, Relocation and Replacement.

(1) Tree replacement required. Removal of each Monarch Tree without approval of the City of Trotwood Preservation Board is a violation of this chapter and shall require replacement in caliper inches (American Nursery Stock Standard) equal to the number of inches DBH (Diameter of Tree measured at Breast Height) removed from the site. For example, a twenty (20") inch tree removed could be replaced with ten (10) trees each of which is two (2") inches in diameter. A minimum diameter of one and three- quarters (1 3/4") inches shall be allowed for replacement trees.

(2) Relocation of a Monarch Tree. Relocation is accomplished by relocating the protected tree on land under the same ownership which is to be developed pursuant to the same development order.

(3) Replanting schedule standards.

A. To prevent a monoculture among plantings, the City shall require diversity in the plantings required.

B. Required number of tree types:

1. Five (5) to ten (10) trees. Minimum two (2) types of trees to be planted.

2. Ten (10) to twenty (20) trees. Minimum four (4) types of trees to be planted.

3. Twenty (20) to one hundred (100) trees. Minimum five (5) types of trees to be planted.

4. Greater than one hundred (100) trees. Minimum of seven (7) types of trees to be planted.

5. Fee in lieu of replacement trees. In cases where replacement trees cannot be adequately accommodated on a site, the developer/owner shall, in lieu of planting the trees, pay a fee to the City of Trotwood, equal to the fair market cost of the installed trees that would be required on the site. This money shall be put into a special account (“Tree Bank”) to be used solely for the beautification of public lands. The Trotwood Preservation Board shall make a recommendation to City Council as to whether or not to accept the fee or require the onsite placement of the trees. The Tree Preservation Board shall recommend and approve expenditures from the “Tree Bank”.

6. At least one (1) of the replacement trees shall be of the same species as the removed Monarch Tree.

7. If any of the replacement trees are damaged or diseased during the first two (2) years after planting, they shall be replaced.

(Ord. 45-08. Passed 12-15-08.)

1181.01 PURPOSE.

The purpose of this Chapter is to provide, as an integral part of every land use within the City, the space necessary to meet the varied parking and loading needs of residents, employees, service personnel, patrons and visitors.

(Ord, 1-99. Passed 1-19-99.)

1181.02 GENERAL REQUIREMENTS.

Any building, structure or use of land, when erected or enlarged, shall provide for off- street parking spaces for automobiles in accordance with the following provisions of this Chapter. A parking plan shall be required for all uses except single family detached dwellings and two family dwellings. The parking plan shall be submitted to the City as part of the application for the zoning permit. The plan shall show the boundaries of the property, parking spaces, access driveways, circulation patterns, drainage and construction plans, boundary walls, fences and a screening plan, as appropriate.

Whenever a building or use constructed or established after the effective date of this ordinance is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise to create a need for an increase of ten (10) percent or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change. Whenever a building or use existing prior to the effective date of this ordinance is enlarged to the extent of fifty (50) percent or more in floor area or in the area used, such building or use shall then comply with the parking requirements set forth herein.

(Ord, 1-99. Passed 1-19-99.)

1181.03 OFF-STREET PARKING AND DESIGN STANDARDS.

All off-street parking facilities including entrances, exits, circulation areas and parking spaces shall be in accordance with the following standards and specifications:

(a) Parking Space Dimensions. Each off-street parking space shall not measure less than ten (10) feet in width by twenty (20) feet in length, exclusive of access drives or aisles and shall be of useable shape and condition.

(b) Access. There shall be adequate provisions for ingress and egress to all parking spaces. Where the lot or parking spaces do not provide direct access to a public street or alley, an access drive shall be provided, with a dedicated easement of access as follows:

(1) For single family detached dwellings or two family dwellings, the access drive shall be a minimum of ten (10) feet in width.

(2) For all other uses, the access drive shall be a minimum of twenty (20) feet in width.

(3) All parking spaces, except those required for single family detached dwellings and two family dwellings, shall have access to a public street or alley in such a manner that any vehicle leaving or entering the parking area from or onto a public street or alley shall be traveling in a forward motion.

(4) Parking for uses not permitted in a residential zone shall not be permitted in a residential zone, nor shall any Residential District property be utilized as access for uses not permitted in that Residential District.

(c) Setbacks. The location of off-street parking facilities, with the exception of those serving single family detached dwellings and two family dwellings, for more than five (5) vehicles may be located in the required yards as specified elsewhere in this Code. In no case however, shall the parking area be located closer than ten (10) feet from the future right-of-way or closer than five (5) feet from the side and rear property lines.

(d) Screening. In addition to the setback requirements specified in this Chapter for off- street parking for more than five (5) vehicles, screening shall be provided for all non-residential parking areas on each side of the parking area that abuts any Residential District or uses or any O-R District. Screening shall be as indicated in Chapter 1175 .

(e) Paving. All points of ingress/egress and all open off-street parking spaces, whether or not in conjunction with a main or accessory building, shall be improved and maintained with a durable, dustless surface of asphalt, concrete or brick. Other materials may be used when specifically authorized by the Planning Commission. In agricultural areas, driveways shall be paved at least fifty (50) feet back from the future right-of-way line.

(f) Drainage. All parking spaces, together with driveways, aisles and other circulation areas shall be graded and drained so as to dispose of surface water which might accumulate within or upon such area, and shall be designed to prevent the excess drainage of surface water onto adjacent properties, walkways or onto public streets. Adequate arrangements shall be made to insure acceptable diversion to an adequate storm water drainage system.

(g) Border Barricade. Wherever a parking lot extends to a property line, fencing, wheelstops, curbs or other suitable barriers shall be provided in order to prevent any part of a parked vehicle from extending beyond the property line and from destroying the screening materials and signage.

(h) Visibility. Access of driveways for parking areas shall be located in such a way that any vehicle entering or leaving such parking area shall be clearly visible by any pedestrian or motorist approaching the access or driveway from a public street, private street or alley.

(i) Marking. All parking spaces for more than five (5) vehicles shall be marked with paint lines, curb stones, or markers a minimum of four (4) inches in width, or in some other manner approved by the City and shall be maintained in a clearly visible condition.

(j) Maintenance. Any owner of property used for off-street parking areas shall maintain such areas in good condition without holes and free from all dust, trash, weeds and other debris.

(k) Signage. Where necessary, due to multiple curb cuts, the entrance, exits and the intended circulation pattern shall be clearly marked in the parking area. Signage shall consist of pavement markings or freestanding directional signs in accordance with Chapter 1185 of this Code.

(l) Lighting. Any lights used to illuminate a parking area shall be shielded and so arranged as to direct the light away from the adjacent properties and right-of-way.

(m) Required Yards. Structures and buildings containing off-street parking shall be subject to the yard requirements applicable in the district in which located. Off- street parking areas open to the sky may be located in any yard, except that:

(1) In any “A”, “R” or “O-R” District, off- street parking shall not be located in a required front yard, except on a driveway, or in an area approved by the Planning Commission.

(2) In any “A”, “R”, or “O-R” District, on a corner lot devoted to a residential use, the off-street parking shall not be located closer than the side lot line bounding a street than the minimum side yard setback as established by the District.

(3) If a lot is devoted to a nonresidential use and if its front lot line, side lot line or rear lot line abuts a Residential District, the off-street parking facilities located thereon shall not be closer to such lot line than the minimum front, side or rear yard setback established by the District in which the non-residential use is located.

(Ord. 60-01. Passed 12-17-01.)

1181.04 DETERMINATION OF REQUIRED SPACES.

In computing the number of parking spaces required by this ordinance, the following shall apply:

(a) Where floor area is designated as the standard for determining parking space requirements, floor area shall be the sum of the gross leasable horizontal area of all floors of a non-residential building.

(b) Where seating capacity is designated as the standard for determining parking space requirements, the capacity shall mean the number of seating units installed or indicated for, each twenty (20) lineal inches of seating facilities.

(d) Parking space requirements for a use not specifically mentioned in this ordinance shall be determined by using the most similar and restrictive parking space requirement as specified by the Planning Commission.

(e) When the building floor area is designated as the standard for determining parking space requirements and that number is less than the minimum standard, at least one parking space shall be provided on the premises.

(Ord. 1-99. Passed 1-19-99.)

1181.05 PARKING SPACE REQUIREMENTS.

For the purpose of this Zoning Code, the following parking space requirements shall apply:

Adult Entertainment

1 space per 100 square feet of floor area

Amusement Park

1 space per 2,000 square feet of land occupied by amusement and related activities

Automotive Service Station

1 space per fuel pump + 2 spaces per service bay

Automotive Repair Station

2 per service bay

Automotive Rental/Lease

1 per 2,000 square feet of vehicle display area

Automotive Sales

1 per 2,000 square feet of vehicle sales area

Barber or beauty shop

3 spaces per barber or beauty chair and wash/dry station

Bed and Breakfast

1 space per guest room +2 spaces for the permanent residents

Boarding house

1 space per sleeping room, + 1 space per employee.

Car Wash

3 vehicle stacking spaces per bay

Club

1 space per 50 square feet of floor area

Commercial Recreation

1 space per 50 square feet of floor area devoted to public assembly

Contractor Yard

1 space per 1,000 square feet of floor area + 1 space per company vehicle

Convention Center	1 space per 3 seats + 1 space per 250 square feet of area devoted to public assembly
Convenience Retail	1 space per 250 square feet of floor area
Corporate Training Facility	1 space per 2 seats, or per 50 square feet of public assembly area, whichever is greater
Day Care Center	1 space per 2 children + 1 space per employee
Day Care Group Home	4 spaces + 1 space per employee
Day Care Home	3 spaces + 2 parking spaces for residents
Distribution Facility	1 space per 1,000 square feet of floor area
Dwelling, Multi-Family	1.5 spaces per dwelling unit + 1 space per 20 dwelling units
Dwelling, Single-Family	2 spaces per dwelling unit
Dwelling, Two-Family	2 spaces per dwelling unit
Educational Institution	2 spaces per classroom + 1 space per 4 auditorium seats
Financial Institution	1 space per 200 square feet of floor area + five stacking spaces per drive-through service aisle
Funeral Home	1 space per 30 square feet of floor area + 1 space per company vehicle
Furniture/Appliance Store	1 space per 800 square feet of floor area, + 1 space per employee.
Hospital	1 space per 2 beds + 1 per every 2 employees on the largest shift

Hotel/Motel

1 space per room + 1 space per 400 square feet of public meeting area

Industrial/Manufacturing

1 space per 1,000 square feet of floor area

Medical/Dental Office

3 spaces per examination or treatment room, + 1 space per employee

Nursing/Convalescent Care Facility

1 space per 3 beds + 1 per staff person or visiting doctor

Office

1 space per 200 square feet of floor area

Personal Service

1 space per 200 square feet of floor area

Public Assembly Hall

1 space per 3 seats, or 1 space per 50 square feet of floor area, whichever is greater

Public Building

1 space per 200 square feet of floor area

Recreation, Commercial

1 space per 3 seats, or 1 space per 50 square feet of floor area, whichever is greater

Recreation, Non-commercial

1 space per participant at maximum utilization

Religious Places of Worship

1 space per 3 seats in the main sanctuary + 2 spaces per 1,000 square feet of floor area in excess of 10,000 square feet excluding the main sanctuary

Research/Development Lab

1 per 500 square feet of floor area

Restaurant

1 per 3 seats

Restaurant, Fast Food

1 space per employee on largest shift + 1 per 3 seats + 5 stacking spaces in the drive-through lane

Retail Business

1 per 200 square feet of floor area

Shopping Center

1 per 200 square feet of floor area

Sports Complex

1 space per 3 seats or 1 space per 75 square feet of floor area, whichever is greater

Tavern/Bar

1 space per employee + 1 space per 2 seats of building capacity calculated by Fire Code occupancy standards

Theater/Cinema

1 space per 3 seats

Veterinary Clinic/

Animal Hospital

2 spaces per examination room

Warehousing

1 per 1,000 square feet of floor area

Wholesale Facility

1 per 2,000 square feet of floor area

(Ord. 06-17. Passed 2-6-17.)

1181.06 MIXED USE OCCUPANCIES AND USES NOT SPECIFIED.

In the case of mixed uses, the total requirements for off-street parking facilities shall be the sum of the requirements for the various uses computed separately. Where a use is not specifically mentioned in Section 1181.05, the requirements for a use which is so mentioned and which is similar to the use in question, shall apply. Off-street parking facilities for one use shall not be considered as providing requirements for any other use, except as specified for joint uses as established in Section 1181.07.

(Ord. 1-99. Passed 1-19-99.)

1181.07 JOINT OR COLLECTIVE PARKING FACILITIES.

The joint or collective parking provision of required off-street parking areas shall comply with the following standards and requirements:

(a) All required parking spaces shall be located on the same lot with the building or use served, except that where an increase in the number of spaces is required by a change or enlargement of use, or where such spaces are provided collectively or jointly by two (2) or more buildings or establishments, the required spaces may be located not farther than 500 feet from the building served and sidewalks shall be provided.

(b) The total of such off-street parking spaces supplied collectively shall be not less than the sum of the requirements for the various uses computed separately.

(c) In any case where the required parking spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used, a written agreement thereby assuring their retention for such purposes shall be properly drawn and executed by the parties concerned, approved as to form by legal counsel of the City and filed with the application for a zoning permit.

(d) Joint or collective parking on the opposite side of a street shall not be permitted unless a signalized crosswalk is provided by the developer or it is demonstrated by the developer that a crosswalk is not warranted.

(Ord. 1-99. Passed 1-19-99.)

1181.08 HANDICAPPED PARKING REQUIREMENTS.

Parking facilities serving buildings and facilities required to be accessible to the physically disabled shall meet the standards and regulations as established by the Americans with Disabilities Act.

(Ord. 1-99. Passed 1-19-99.)

1181.09 OFF-STREET LOADING SPACE REQUIREMENTS.

In any District with the exception of the OT-B Olde Town Business District, in connection with every building or part thereof hereafter erected and having a gross floor area of 10,000 square feet or more which is to be occupied by manufacturing, storage, warehouse, goods display, retail store, wholesale store, market, hotel/motel, hospital, funeral home, laundry, dry cleaning or other uses similarly requiring the receipt or distribution by vehicles of materials or merchandise, there shall be provided and maintained, on the same lot with such building, at least one off-street loading space plus one additional such space for each 20,000 square feet or fraction thereof of gross floor area so used in excess of 10,000 square feet.

(Ord. 1-99. Passed 1-19-99.)

1181.10 OFF-STREET LOADING DESIGN STANDARDS.

All off-street loading spaces shall be in accordance with the following standards and specifications:

(a) Dimensions. Each loading space shall have a minimum dimension not less than ten (10) feet in width, twenty-five (25) feet in length and a vertical clearance of not less than fifteen (15) feet in height.

(b) Setbacks. Notwithstanding other provisions of this regulation and other setback requirements, off-street loading spaces shall be located on the same lot as the specific use to be served. Off-street loading spaces shall not occupy any part of a required front yard, and shall be situated no closer than fifty (50) feet to any lot in a Residential District. Furthermore, no permitted or required off-street loading space shall be located within a required side yard when adjacent to a Residential District.

(c) Screening. In addition to the setback requirements specified above, screening shall be provided on each side of an off-street loading space that abuts any Residential District. Screening shall comply with the requirements of Chapter 1175 of this Code.

(d) Access. All required off-street loading spaces shall have access from a public street or alley in such a manner that any vehicle leaving the premises shall be traveling in a forward motion.

(e) Paving. Any required off-street loading spaces, together with its appurtenant driveways, aisles and other circulation areas, shall be surfaced with a pavement having an asphalt or concrete of sufficient strength to support vehicular loads imposed on it while providing a durable, dustless surface.

(f) Drainage. All loading spaces, together with driveways, aisles and other circulation areas shall be graded and drained so as to dispose of surface water which might accumulate within or upon such area, and shall be designed to prevent the excess drainage of surface water onto adjacent properties, walkways or onto public streets. Adequate arrangements shall be made to insure acceptable diversion to an adequate storm water drainage system.

(g) Lighting. Any lights used to illuminate a loading area shall be shielded and so arranged as to reflect the light away from any adjacent properties or right-of-way.

(Ord. 1-99. Passed 1-19-99.)

1181.11 SUBMISSION TO PLANNING COMMISSION.

Detailed drawings of the location, width and number of entrance driveways to necessary parking and off-street loading facilities shall be submitted to the Planning Commission with the exception of single family detached dwellings and duplexes, for approval prior to the granting of any zoning permit. Such drawing shall show the number of spaces and locations, dimensions and descriptions of all features enumerated in this Section or as required elsewhere in this Zoning Code. The Planning Commission may require, in addition to those enumerated, further structural or landscaping features such as bumper guards, curbs, walls, fences, shrubs, trees, ground cover or hedges to further the intent and purposes of this Zoning Code. The Planning Commission, in addition, may recommend such changes in location, width and number of driveways as it shall determine are necessary to eliminate any potential traffic hazards.

(Ord. 1-99. Passed 1-19-99.)

1181.12 MODIFICATIONS.

The Planning Commission may authorize a modification, reduction, or waiver of the foregoing requirements if it should find that the peculiar nature of the residential, business, trade, industrial, other use, exceptional situation or condition would justify such action.

(Ord. 1-99. Passed 1-19-99.)

1185.01 PURPOSE.

The purpose of this Chapter is to regulate and control all signs placed for exterior observation in order to preserve, protect and promote the public health, safety and general welfare of the residents of Trotwood. Further, it is intended to: encourage the reasonable, orderly and effective display of signs; enhance the physical appearance of the City; reduce visual clutter; prevent blighting influences; protect property values; and, authorize the use of signs which are compatible with their surroundings.

(Ord. 45-08. Passed 12-15-08.)

1185.02 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ABANDONED SIGN

“Abandoned sign” means a sign on which is advertised a business that is no longer licensed, no longer has a certificate of occupancy, or is no longer doing business at that location and such circumstances have continued for a period of more than 90 consecutive days.

ANIMATED or MOVING SIGN

Any sign or part of a sign which changes physical position by any movement or rotation or which gives visual impression of such movement or rotation.

AWNING

A roof-like cover that is temporary or permanent in nature and that projects from the wall of a building for the purpose of shielding an area of a structure and constructed of a rigid supporting framework with a canvas, vinyl or fabric covering.

AWNING SIGN

A permanent sign that is mounted or painted on or attached to a seasonal or permanent awning structure.

BUILDING FRONTAGE

The maximum horizontal width of the ground floor of a building that approximately parallels and faces an adjacent public right-of-way.

CANOPY

A freestanding permanent roof-like shelter not attached to or requiring support from an adjacent structure.

CANOPY SIGN

Any permanent sign attached to or constructed in or on a canopy.

CHANGE OF COPY

Any modification to a sign that consists only of replacing a sign panel

CHANGEABLE COPY SIGN

Permanent or temporary sign on which copy is changed manually in the field.

COPY

The wording or message on a sign surface in either permanent of removable form.

CODE

This subchapter, 1185.01 through 1185.18, sometimes referred to as the sign code.

DIRECTIONAL SIGN

A non-official sign designed to guide or direct pedestrian or vehicular traffic.

EARTHEN MOUND

A mound or berm formed as a result of manmade grading and/or excavation.

ELECTRONIC COPY SIGN

A permanent sign where different copy changes are shown on the same lamp bank.

EXEMPT SIGN

Signs exempted from normal permit requirements.

FLASHING SIGN

Any sign which contains an intermittent or flashing light source, or which includes the illusion of intermittent or flashing light by means of animation or any externally mounted intermittent light source.

GROUND SIGN

Any permanent or temporary sign six feet in height or less placed upon the ground or attached to a supporting structure not attached to any building.

GOVERNMENTAL SIGN

A sign erected and maintained pursuant to and in discharge of any governmental functions, or required by law, ordinance or other governmental regulation.

HEIGHT OF SIGN

The vertical distance to top of sign structure measured from the adjacent street grade or upper surface of the nearest street curb excluding any elevated roadway. In cases where the site is elevated above an adjacent roadway on natural topography, sign height shall be determined from the lowest ground elevation point where sign is mounted, to top of sign structure. If sign is located on man-made earthen mound, mounding shall be considered part of sign height. If the earthen mound is mandated by the city for the purpose of screening or landscaping and meets or exceeds the district height requirement, a sign may be erected on top of such earthen mound with height of sign not to exceed two feet. Any visible material whose major function is providing structural support for the sign shall be considered part of the overall sign height. (See Appendix A: SIGN FIGURES AND TABLES).

ILLEGAL SIGN

Any sign which is contrary to the requirements of this code and which does not satisfy the nonconforming specifications stated in this code.

ILLUMINATED SIGN

A sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed toward the sign.

INDIVIDUAL ESTABLISHMENT

A separate and distinct operation.

MARQUEE

Any permanent structure which projects from a wall of a building over a walkway or entrance way to a shopping center and plaza generally ten feet or more above a walkway.

MARQUEE SIGN

Any permanent sign attached to or constructed in or on a marquee.

MENU BOARD

A sign located on the premises of businesses which offer drive-through service listing products available and prices for such items.

NEON SIGN

A sign formed from neon lamps containing neon gas.

NONCONFORMING SIGN

Any sign lawfully existing on the effective date of an Ordinance which does not conform to all the standards and regulations of the current ordinance.

ORDER POINT

The point at which drivers place an order for products available inside an adjacent building.

PARCEL

A distinct portion or tract of land as is recorded and distinguished in the Montgomery County Auditor's Property Tax Records.

PERMANENT SIGN

A sign permitted by this code to be located on a premises for an unlimited period of time.

PREMISE

A building together with its ground or other appurtenances.

PYLON SIGN

A permanent sign that is mounted on a free-standing pole or other support in which the sign exceeds six feet in height.

PORTABLE SIGN

A sign intended to be movable and not permanently affixed to a building, structure, vehicle or the ground.

PROJECTING SIGN

A sign that is wholly or partly dependent upon a building for support and which projects more than 18 inches from the face of the building at right angles.

ROOF SIGN

A sign that is mounted on the roof of a building or which is wholly dependent upon a building for support and which projects above the eave line of a building.

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.

SIGN AREA

The entire display area of a sign including the advertising surface located on one or more sign faces and any framing, trim and molding, but not including the supporting structure. The area of individual elements of a sign placed against a non-localized background (such as letters placed against an awning, canopy, wall or window) shall be measured by calculating the area of the smallest single rectangle which would completely enclose all elements of the sign.

SIGN CODE

This subchapter sometimes referred to as the sign code or the code.

SIGN SETBACK

The distance between the edge of the street right-of-way and the nearest edge of a ground sign or pylon sign. All ground signs shall be setback at least a minimum of five feet unless otherwise indicated.

STREET FRONTAGE

The maximum horizontal width of a parcel of land that parallels and abuts an adjacent right-of-way.

TEMPORARY SIGN

A sign permitted by this sign code to be located on premises for a limited period of time.

UNDER MARQUEE SIGN

Any sign attached to the underside of a marquee.

WALL SIGN

A sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for or forms the background surface of the sign and which does not project more than 18 inches from such building or structure.

WINDOW SIGN

A sign that is applied or attached to the interior or exterior of a window or located in such manner within a building that it conveys a message through a window to the exterior of the structure.

(Ord. 45-08. Passed 12-15-08.)

1185.03 EXEMPTED SIGNS.

Except as otherwise provided, the following signs shall not be subject to the provisions of this section:

(a) Public signs.

(b) Signs of public service companies for the purpose of safety.

(c) Signs located in the interior of any building which are designed and located to be viewed exclusively by patrons of such use or uses.

(d) Public Interest signs authorized by Council.

(e) Address signs displayed by the inhabitants of single-family residential structures.

(f) Signs which are painted directly upon or affixed to the body or other integral part of a motor or recreation vehicle for the purpose of advertising, decoration or for identification.

(g) “No trespassing” signs or other such signs regulating the use of a property such as "no hunting", "no fishing"

(h) Names of buildings and subdivisions, and date of erection when cut into any masonry or stone surface, or inlaid so as to be part of a building, or when constructed of bronze or other incombustible material.

(i) Flags of any country, state or unit of local government.

(j) Gasoline and service station pump signs which are internally mounted to indicate the number of gallons, the price and the total amount of the purchase.

(k) Directional and Circulation signs provided they do not exceed 2 square feet in are per sign face.

(Ord. 45-08. Passed 12-15-08.)

1185.04 PROHIBITED SIGNS.

The following signs are specifically prohibited:

(a) Abandoned signs.

(b) Beacons and Searchlights, except for emergency, health or safety purposes.

(d) Blinking, flashing or intermittent lighting, except those permitted as part of an electronic copy signs.

(e) Moving, animated or rotating signs.

(f) Pennants, streamers, and similar devices.

(g) All helium, gas and air balloons located on or anchored to structures, vehicles, the ground, or to anything connected to or on the ground.

(h) Portable signs except as authorized under temporary signs.

(i) Projecting signs, except as provided elsewhere in this Code.

(j) Roof signs.

(k) Signs attached to any tree, utility pole, fence, bench, trash receptacle, or newspaper vending machine.

(l) Signs for which a permit has not been issued by the city or which are not exempt under 1185.03.

(m) Signs attached to or painted on the face of accessory buildings except those attached to automatic teller machines or similar structures.

(n) Any sign which, by reason of its size, shape, location, content, coloring or manner of illumination:

(l) Constitute a traffic hazard or a detriment to traffic safety by obstructing the vision of drivers or by obstructing or detracting from the visibility of any traffic sign or control device on public streets and roads.

(2) May be confused with a traffic-control sign, signal or device or the light of an emergency or road equipment vehicle.

(o) Signs which make use of words, phrases, symbols or characters in such a manner as to interfere with, mislead or confuse traffic.

(p) Signs which obstruct free ingress and egress from a required door, window, fire escape, or other required exit way.

(q) Signs or parts thereof which are erected within or above a public right-of-way.

(r) Signs which convey visual information that may be prohibited under the obscenity statutes of the state.

(s) Spinning devices or strings of spinning devices.

(t) Window signs which cover more than 50% of total window area.

(u) Attention-getting devices such as balloons, spinners, pennants, streamers and similar devices or ornamentation except as permitted under Sec. 1185.06 D.

(v) Strings of light bulbs, except when used for decorative purposes during a holiday season.

(Ord. 45-08. Passed 12-15-08.)

1185.05 GENERAL DESIGN, ERECTION AND MAINTENANCE PROVISIONS.

Every sign shall be designed, erected, altered, reconstructed, moved and maintained in accordance with the provisions of this section unless specifically modified by another section of this subchapter.

(a) Automatic Teller Machine Signs (ATMs). Automatic teller machines or similar devices either attached to a primary structure or enclosed within an independent free standing structure shall be permitted two square feet of sign area for every one foot width of the ATM structure not to exceed 20 square feet of total sign area.

(b) Awning Signs. Awning signs may be displayed in lieu of but not in addition to a wall sign for an individual establishment.

(1) If illuminated, such awning shall have lighting concealed from view.

(2) An awning sign shall not project higher than the top of the awning to which sign text is affixed.

(1) Permanent ground signs located in “B” Districts as well as permitted conditional uses in agricultural and residential districts may incorporate up to 50% of total sign area for changeable copy.

(2) Changeable copy may be used in lieu of but not in addition to electronic copy.

(3) All changeable copy signs must be enclosed and locked securely in a clear glass or plastic casing.

(d) Commercial messages. All commercial information conveyed by any sign permitted under this subchapter must pertain to the premises on which the sign is located.

(e) Dangerous or Defective Signs Not Permitted. A sign in dangerous or defective condition shall not be permitted on any premises. Any such sign constitutes a nuisance and shall be removed or repaired as required under 1185.14( B)

(f) Electronic Copy Signs.

(1) Freestanding permanent ground signs located in Business and Commercial Districts may incorporate 25% of total sign area for electronic copy with a maximum letter copy of 18 inches in height.

(2) Electronic copy may be used in lieu of but not in addition to changeable copy.

(3) Electronic display shall remain constant for a period not less than two and not more than ten seconds per message.

(g) Ground Signs.

(1) General.

A. Any temporary ground sign or any part thereof shall be set back a minimum distance of 15 feet from the edge of an adjacent roadway pavement. Additional setback may be required to avoid placement within the public right-of-way.

B. A permanent ground sign or any part thereof shall be set back a minimum distance of five feet from any right-of-way or from any proposed right-of-way or as otherwise required in this subchapter. Greater setbacks for temporary or permanent signs may be required to improve sight distances at intersections. All ground signs must be located only in the front yard unless otherwise expressly permitted by this subchapter. In no instance may a ground sign be located closer than 15 feet from the edge of roadway pavement.

C. The Zoning Administrator may permit slight variation from the minimum street frontage spacing requirements for ground signs applicable in individual zoning districts if conflict with driveways, natural barriers, trees, and utility equipment is unavoidable.

(2) Minimum street frontage. Permanent ground signs shall be prohibited on parcels with street frontage less than 50 feet in width at the right-of-way line unless otherwise expressly permitted in this sign code.

(3) Landscaping requirements. A permanent ground sign shall require a single continuous landscaped area to be maintained around the base of the sign in accordance with the following standards:

A. The minimum landscaped area shall be equal to the total sign area of the sign. (See Appendix: SIGN FIGURES AND TABLES)

B. The landscaped area shall include all points where sign structural supports attach to the ground and are visible.

C. Where the required landscaped area is adjacent to a paved surface accessible to vehicular traffic, a raised non-mountable curb suitable to prevent the encroachment of vehicles into the landscaped area shall be required. The minimum distance between the face of any such required curb and any part of the sign shall be 30 inches.

D. The landscaped area shall include one or more of the following plant materials: shrubs, trees, grass and/or seasonal varieties permanently located and properly maintained with dead vegetation replaced as soon as weather permits. The use of exposed concrete, asphalt or any other paved surface inside the required landscaped area beneath the sign is prohibited.

(4) Construction sites. During construction of a commercial or residential development, one free-standing temporary ground-mounted sign shall be permitted to be installed on the site of the commercial or residential development. The sign shall be single-faced, have a maximum height of eight feet and not exceed 32 square feet in sign area. Minimum setback for the sign shall be 15 feet from the public right-of-way.

(5) Property for Sale of Lease. One free-standing temporary ground-mounted sign per street frontage shall be permitted to be displayed on the site of any multi-family, commercial, office or industrial development during any occasion when the property is offered for sale or lease. The sign shall be single-faced, have a maximum height of eight feet and not exceed 32 square feet in area. Minimum setback for the sign shall be 15 feet from the public right-of-way.

(h) Major Development Signs. Commercial and Industrial Developments in excess of ten acres in area, and shopping centers of more than five acres in area located in R-B and L-I districts, fronting on an expressway, principal arterial, major arterial, minor arterial or thoroughfare roadway shall be permitted one permanent freestanding pylon sign per street frontage up to a maximum of two permanent pylon signs per development. Any such major development sign should be located at or adjacent to the primary access street to the development and must comply with the following:

(1) Shall not exceed 100 square feet of sign area per face with a maximum of two sign faces permitted per sign. A second major development sign where permitted may not exceed 75 square feet of sign area per sign face.

(2) Shall not exceed 20 feet in height.

(3) Shall be set back a minimum of 20 feet from the right-of-way.

(4) Shall be an on-premise sign only.

(5) Shall have the area of a pylon sign based on one-fifth square foot of sign area for each linear foot of highway, arterial, major arterial or thoroughfare frontage.

(6) Shall not be located nearer than 100 feet to an adjoining development or unrelated premise or property line on same side of street.

(7) Shall have landscaping conforming to requirements of 1185.05 (G)(3) dealing with ground signs.

(i) Marquee Signs.

(1) Marquee signs may be displayed in lieu of but not in addition to any other form of permanent sign identification with the exception of under marquee signs for an individual business establishment.

(2) If illuminated, such marquee signs shall have lighting concealed from view.

(j) Neon Signs.

(1) Neon signs shall be permitted in business districts only.

(2) Neon signs may be displayed in lieu of, but not in addition to, a wall sign for an individual establishment.

(k) Number of Signs Permitted. An individual establishment shall be permitted a maximum of three types of permanent sign identification unless otherwise permitted or prohibited in this subchapter.

(l) Planned Unit Development Sign Programs. Signs which have been approved as part of a Planned Unit Development sign program may vary from the requirements stated within this subchapter. Variations permitted through a PUD sign program may include but are not limited to the following:

(1) Total number of signs permitted,

(2) Sign size,

(3) Sign setback,

(4) Sign height,

(5) Material composition of sign, and:

(6) Percentage of sign area devoted to changeable copy or electronic copy.

Such deviations are recognized to be primarily for safety or unique parcel configuration circumstances and are not intended to circumvent the intent of the sign code.

(m) Sign Location with Respect to Street and Building Frontages.

(1) All signs permitted by virtue of a premises having street frontage or building frontage shall be located only along the front of the structure or property visible from the fronting roadway or from the adjacent parking lot.

(2) In the case where an individual occupant would have no building frontage, the maximum horizontal width of the portion of the building where that occupant's main entrance is located shall be considered that occupant's separate and distinct building frontage. In the case where the ground floor of a building is occupied by two or more different tenants, the portion of the building frontage occupied by each tenant shall be considered a separate and distinct building frontage.

(n) under Marquee Signs. Under marquee signs shall be mounted as nearly as possible to right angles of the building face.

(o) Wall Signs.

(1) May be displayed in lieu of, but not in addition to, an awning sign or neon sign for an individual establishment.

(2) Shall not project more than 18 inches from the wall of the building upon which they are mounted.

(3) Shall be inclined from the vertical only to the extent necessary for conformity to the general contour of the wall to which the sign is mounted.

(4) Shall not extend above the top of the wall and shall not extend beyond the limits of any wall to which they are attached.

(5) Shall not mask or interrupt a major architectural feature (such as, but not limited to, doors, windows, or trim).

(6) Shall have hidden structural supports and shall be mounted in such a way as to not allow movement by atmospheric conditions.

(7) If illuminated, such lighting shall not produce glare and all lighting elements, including wiring, shall be concealed from view.

(8) Any wall sign consisting of paper, cardboard, fabric or any other impermanent material shall be considered a temporary sign and shall be regulated according to the provisions and requirements of Section 1185.06.

(Ord. 45-08. Passed 12-15-08.)

1185.06 TEMPORARY SIGNS (ADDITIONAL PERMITTED)

In addition to temporary signs permitted in the specific district requirements of this article, temporary signs shall also be permitted which comply with the following requirements:

(a) Location. One ground or window sign per street frontage shall be permitted. Any ground sign or any part thereof shall be set back a minimum of 15 feet from the edge of an adjacent roadway pavement. Additional setback may be required to avoid placement within the public right-of-way and/or to prevent line-of-sight obstruction.

(b) Area. The total sign area shall not exceed six square feet per sign face or 12 square feet in total sign area if two sided.

(d) Material. Sign may be constructed of poster board, cardboard, masonite, plywood or plastic material and mounted to wood, metal or plastic frames or supports.

(e) Condition. Because of the nature of materials typically used to construct temporary ground signs, to avoid the unsightliness of deteriorating signs and all safety concerns which accompany such a condition, temporary ground signs must be removed or replaced when sign is deteriorated. The City may remove any deteriorated sign and charge the expenses for the removal to the owner of the property on which the sign is displayed. Any unpaid charges may be assessed in the form of a lien against the owner of the property.

(f) Enforcement. Signs encroaching on the right-of-way will be removed by the City. Signs removed by the City can be picked up at the Public Works Department. Signs not claimed will be destroyed in 30 days.

(g) Marketing Signage.

(1) A sign permit is required for display of this sign.

(2) Duration.

A. Display shall be limited to one continuous 30-day period in any one- half calendar year per parcel for all signs of this nature.

B. Any person(s) receiving a permit issued by the City for erecting or installing a temporary sign shall remove said sign within three days of the expiration of the permit.

(3) Additional Allowed.

A. The owner of any business, in conjunction with the grand opening for a new or relocated business, may use one of the following types of attention-getting devices for no more than thirty consecutive days:

1. Balloons

2. Spinners

3. Streamers

4. Searchlights, but not to exceed seven (7) consecutive days.

B. The applicant shall establish the time period in agreement with the Zoning Administrator.

C. The owner of any business, in conjunction with a special event, may use one of the types of attention-getting devices listed in subsection (8) above for no more than two (2) thirty (30) day periods in any calendar year. (Ord. 08-17. Passed 2-6-17.)

1185.07 SIGNS PERMITTED IN RESIDENTIAL DISTRICTS.

The following signs are permitted in all RSF, RMF, R-TF and R-FF Districts:

(a) Permanent Ground Signs.

(1) One permanent ground sign shall be permitted to identify an approved subdivision, neighborhood, multifamily development complex, or permitted conditional use. These signs shall be permitted so as to implement a compelling government interest in protecting the health and safety of persons and property in the city through proper identification of subdivisions, neighborhoods, multi-family developments and conditional uses. A larger number of ground signs may be approved through the PUD or conditional use process.

(2) Ground signs must be located along a principal arterial, major arterial or visually definable entryway to a residential subdivision or permitted conditional use.

(3) The total sign area of such a ground sign shall not exceed 24 square feet per face.

(4) Such ground signs shall not exceed four feet in height from the established grade to top of the sign structure.

(5) No ground sign shall be located within five feet of any public right-of-way. Greater setbacks may be required to improve sight distances at intersections.

(b) Temporary Ground Signs.

(1) One temporary A-frame ground sign constructed of fiberboard, wood or plastic shall be permitted on an individual residential parcel for a period of time not to exceed one continuous seven-day period in any one calendar year.

(2) The sign height shall not exceed four feet.

(3) Total sign area for a temporary A-frame ground sign shall be based on one square foot of sign area for every ten linear foot of street frontage. The total sign area shall not exceed ten square feet per sign face or 20 square feet in total sign area.

(4) No ground sign shall be located within five feet of any public right-of-way. Greater setbacks may be required to improve sight distances at intersections.

(5) One sign not to exceed 12 square feet in sign area per face may be permitted on residential developments and development sites during construction.

(6) See also: temporary signs (additional permitted) 1185.06.

(Ord. 45-08. Passed 12-15-08.)

1185.08 SIGNS PERMITTED IN OFFICE-RESIDENTIAL DISTRICTS.

The following signs are permitted in the O-R District:

(a) Permanent Ground Signs.

(1) One ground sign shall be permitted for each developed parcel.

(2) The total sign area of such a ground sign shall not exceed 24 square feet per sign face.

(3) No such ground sign shall exceed four feet in height from the established grade to the top of sign structure.

(4) Such a ground sign must be constructed of natural materials and be non- illuminated.

(5) Such a ground sign must be located at least 50 feet from any adjacent residential district.

(6) No ground sign shall be located within five feet of any public right-of-way. Greater setbacks may be required to improve sight distances at intersections.

(b) Permanent Wall Signs.

(1) One wall sign, not to exceed six square feet in sign area, is permitted per street frontage.

(2) Premises fronting on more than one public right-of-way shall not combine permissible sign area for two or more building frontages for the purpose of placing the combined area of the signs on one building frontage.

(3) Such a wall sign shall not project above eight feet in height.

(1) Only one temporary A-frame ground sign constructed of fiberboard, wood or plastic shall be permitted on an individual residential office parcel for a period of time not to exceed one continuous seven-day period in any one calendar year.

(2) The sign height shall not exceed four feet.

(4) No ground sign shall be located within five feet of any public right-of-way. Greater setbacks may be required to improve sight distances at intersections.

(5) See also: temporary signs (additional permitted) 1185.06.

1185.09 SIGNS PERMITTED IN NEIGHBORHOOD, GENERAL AND OLDE TOWN BUSINESS DISTRICTS.

The following signs are permitted in the N-B, G-B and OT-B Districts:

(a) Total Sign Area Allowed.

(1) Total sign area for a permanent ground sign for each developed parcel shall be based on one-half square foot of sign area for each linear foot of street footage.

(2) Sign area for permanent awning, wall, neon and under marquee signs shall be based on one square foot of sign area for each linear foot of building frontage.

(b) Permanent Ground Signs.

(1) One ground sign shall be permitted for each developed parcel.

(2) Where a developed parcel has street frontage in excess of 250 feet, one additional ground sign may be permitted for additional occupants of a parcel provided that the distance between the ground signs is not less than 150 feet and are not located closer than 50 feet to any adjoining side property line.

(3) The total sign area of a ground sign shall not exceed thirty square feet per sign face.

(4) No ground sign shall exceed five feet in height from established grade to top of sign structure.

(5) No ground sign shall be located within five feet of any public right-of-way. Greater setbacks may be required to improve sight distances at intersections.

(1) One or more awning signs per building frontage shall be permitted for an individual establishment.

(d) Permanent Neon Signs.

(1) One or more neon signs per individual establishment shall be permitted.

(e) Permanent Wall Signs.

(1) No more than one wall sign per building frontage shall be permitted for an individual establishment.

(3) A wall sign shall not project above the top of the wall to which attached or be more than 15 feet in height, whichever is less.

(f) Permanent under Marquee Signs.

(1) No more than one under marquee sign is permitted for an individual establishment.

(2) Signs attached to the underside of a marquee shall have a sign area no greater than four square feet per sign face.

(3) Such signs shall have a minimum clearance of nine feet from the bottom of the sign to the sidewalk.

(g) Temporary Ground Signs.

(1) Each individual establishment shall be allowed to choose one of the following options per calendar year for a temporary portable wheeled ground sign containing changeable copy or for an A-frame sign.

A. Two temporary sign permits each calendar year for a period of time not to exceed one continuous 15-day period per sign permit. Each continuous 15-day period shall be separated from any subsequent 15-day period by no less than 30 calendar days.

B. One temporary sign permit each calendar year for a period of time not to exceed one continuous 30-day period.

(2) The sign height shall not exceed five feet.

(3) Total sign area for a temporary portable wheeled ground sign shall not exceed 20 square feet in sign area per sign face, total sign area not to exceed 40 square feet. An A-frame sign shall not exceed 32 square feet in sign area per sign face or 64 square feet in total sign area.

(4) See also: temporary signs (additional permitted) 1185.06.

(h) Permanent Canopy Sign.

(1) One or more canopy signs per canopy frontage shall be permitted per establishment.

(2) Canopy signs may not project above or below canopy facing.

(3) Total sign area permitted for all canopy signs attached to a canopy structure shall not exceed 50% of the total sign area allotted the primary building frontage.

(i) Menu Boards.

(1) One or more signs may be permitted on premises offering drive-through window service. Such signs shall be for sole purpose of displaying prices and selections available. Menu Boards shall be located at or near the order point and shall be no larger than necessary to convey the information to drivers at the order point.

(Ord. 45-08. Passed 12-15-08.)

1185.10 SIGNS PERMITTED IN BUSINESS AND COMMERCIAL DISTRICTS.

The following signs are permitted in the R-B, B-P AND C-R Districts.

(a) Total Sign Area Allowed.

(1) Total sign area for a permanent ground sign for each developed parcel shall be based on three-fourths square feet of sign area for each linear foot of street footage.

(2) Sign area for permanent awning, wall, neon, canopy, marquee and under marquee signs shall be based on one and one-half square feet of sign area for each linear foot of building frontage.

(b) Permanent Ground Signs.

(1) One ground sign shall be permitted for each developed parcel.

(2) Where a developed parcel has street frontage in excess of 300 feet, additional ground signs may be permitted for additional occupants of a parcel provided that the distance between the ground signs are not less than 200 feet and are not located closer than 50 feet to any adjoining side property line.

(3) The total sign area of a ground sign shall not exceed 50 square feet per sign face.

(4) No ground sign shall exceed six feet in height from established grade to top of sign structure.

(5) No ground sign shall be located within five feet of any public right-of-way. Greater setbacks may be required to improve sight distances at intersections.

(1) One or more awning signs per building frontage shall be permitted for an individual establishment.

(d) Permanent Neon Signs.

(1) One or more neon signs per individual establishment shall be permitted.

(e) Permanent Wall Signs.

(1) One wall sign per building frontage shall be permitted for an individual establishment.

(3) A wall sign shall not project above the top of the wall to which attached or be more than 25 feet in height, whichever is less.

(f) Permanent Canopy Signs.

(1) One or more canopy signs per canopy frontage shall be permitted per establishment.

(2) Canopy signs may not project above or below canopy facing.

(3) Total sign area permitted for all canopy signs attached to a canopy structure shall not exceed 50% of the total sign area allotted the primary building frontage.

(g) Permanent Marquee Signs.

(1) A changeable copy marquee sign shall be permitted only on places of public entertainment such as theaters, arenas, and the like.

(2) Total sign area permitted for a marquee sign shall not exceed 75% of total sign area allotted the building frontage.

(3) The marquee sign shall not project above the top of the wall to which it is attached and shall not be less than nine feet in height from the sidewalk.

(4) The marquee sign shall not extend more than 18 inches from the wall of the building upon which it is mounted.

(h) Permanent under Marquee Signs.

(1) No more than one under marquee sign shall be permitted for an individual establishment.

(2) Signs attached to the underside of a marquee shall have a sign area no greater than six square feet per sign face.

(3) Signs shall have a minimum clearance of nine feet from the bottom of the sign to the sidewalk.

(i) Temporary Ground Signs.

B. One temporary sign permit each calendar year for a period of time not to exceed one continuous 30-day period.

(2) The sign height shall not exceed five feet.

(4) See also: temporary signs (additional permitted) 1185.06.

(j) Menu Boards.

(Ord. 45-08. Passed 12-15-08.)

1185.11 SIGNS PERMITTED IN INDUSTRIAL DISTRICTS.

The following signs are permitted in the L-I Districts.

(a) Total Sign Area Allowed.

(1) Total sign area for a permanent ground sign for each developed parcel shall be based on one-half square foot of sign area for each linear foot of street footage. Sign area for permanent awning and wall signs shall be based on three-fourths square foot of sign area for each linear foot of building frontage.

(b) Permanent Ground Signs.

(1) One ground sign shall be permitted for each developed parcel.

(2) Where a developed parcel has street frontage in excess of 500 feet, additional ground signs may be permitted for additional occupants of a parcel provided that the distance between ground signs is not less than 250 feet and are not located closer than 125 feet to any adjoining side property line.

(3) The total sign area of a ground sign shall not exceed 50 square feet per sign face or 100 square feet in total sign area.

(4) No ground sign shall exceed six feet in height from grade to top of sign structure.

(5) No ground sign shall be located within five feet of any public right-of-way. Greater setbacks may be required to improve sight distances at intersections.

(1) One or more awning signs shall be permitted for an individual establishment with orientation toward a street or an internal pedestrian movement area.

(d) Permanent Wall Signs.

(1) One wall sign per building frontage shall be permitted for an individual establishment.

(3) A wall sign shall not project above the top of the wall to which attached or be more than 20 feet in height, whichever is less.

(e) Temporary Ground Signs.

B. One temporary sign permit each calendar year for a period of time not to exceed one continuous 30-day period.

(2) The sign height shall not exceed five feet.

(4) See also: temporary signs (additional permitted) 1185.06.

(Ord. 45-08. Passed 12-15-08.)

1185.12 SIGNS PERMITTED IN AGRICULTURE DISTRICTS.

The following signs are permitted in the AG District:

(a) Total Sign Area Allowed.

(1) Total sign area for a permanent ground sign for each developed non- residential or non-agricultural parcel with a permitted or conditional use shall be based on one quarter square foot of sign area for each linear foot of street frontage.

(2) Sign area for permanent wall signs shall be based on one quarter square foot of sign area for each linear foot of building frontage.

(b) Permanent Ground Signs.

(1) One ground sign shall be permitted for each developed parcel.

(2) Developed parcels located on corner lots are permitted only one ground sign.

(3) The total sign area of a ground sign shall not exceed 24 square feet per sign face or 48 square feet in total sign area.

(4) No ground sign shall exceed four feet in height from established grade to top of sign structure.

(5) No ground sign shall be located within five feet of any public right-of-way. Greater setbacks may be required to improve sight distances at intersections.

(1) One wall sign per building frontage shall be permitted for non-residential or non- agricultural premises with a permitted conditional use.

(3) The total sign area of a wall sign shall not exceed 16 square feet in sign area.

(4) A wall sign shall not project above the top of the wall to which attached or be more than 15 feet in height whichever is less.

(d) Temporary Ground Signs.

B. One temporary sign permit each calendar year for a period of time not to exceed one continuous 30-day period.

(2) The sign shall not exceed five feet in height.

(4) See also: temporary signs (additional permitted) 1185.06.

(Ord. 45-08. Passed 12-15-08.)

1185.13 SIGNS PERMITTED IN PLANNED UNIT DEVELOPMENT DISTRICTS

Requirements for signs located or to be located in Planned Unit Development Districts (PUD) shall be as established by Planning Commission and City Council for each PUD. Sign guidelines for each PUD shall be as established in the regulations provided in Sections 1185.07 through 1185.12. The regulations for that District that is most similar to the Planned Unit Development shall apply. Planning Commission and City Council may approve modification, adjustments and waivers to any of the provisions of this sign code as part of the PUD approval.

(Ord. 45-08. Passed 12-15-08.)

1185.14 ADMINISTRATION AND ENFORCEMENT.

(a) General.

(1) A Code Enforcement Officer shall enforce all provisions of this subchapter.

(b) Removal of signs by the Code Enforcement Officer.

(1) A Code Enforcement Officer shall cause to be removed any temporary or permanent sign that constitutes a public nuisance in that it endangers the public safety, such as a sign which has been abandoned, is illegal, is dangerous, or is materially, electrically, or structurally defective. A Code Enforcement Officer shall also cause to be removed any sign except a valid nonconforming sign for which no permit has been issued or a sign which is not in compliance with the permit issued. Before removing any such sign, however, a Code Enforcement Officer shall first prepare and serve upon the property owner or occupant a notice which describes the sign and specifies the violation involved. This notice shall require that a permanent sign shall be removed or the violation corrected within the next ten days or that a temporary sign shall be removed or the violation corrected within the next 24 hours. If this notice is not complied with, the sign shall be removed immediately following the applicable time frames by a Code Enforcement Officer in accordance with the provisions of this subchapter.

(2) All notices issued by a Code Enforcement Officer may be served by certified mail or delivery to the property owner, current occupant, to a person temporarily or permanently in charge of the establishment or the sign owner in case of temporary signs. Any time periods provided in this section shall be deemed to commence on the date of the service of the notice.

(3) The applicant, or in the absence of the applicant, the property owner shall be jointly and severally obligated to reimburse the city immediately for all third party and administrative expenses incurred in removing any sign including but not limited to costs to the city of time of city employees. If the violations are corrected and removal obligations paid, the applicant or the property owner may reclaim the sign from the city.

(4) The sign shall become the property of the city after 30 days if removal costs are not paid or if violations are not corrected. Thereafter the sign shall be disposed of in any manner deemed appropriate by the City Manager. This possible result shall also be explained by the served notice.

(1) A zoning permit shall be obtained for erection, construction, relocation, or alteration of any sign unless exempted by this subchapter. Any sign subject to this subchapter shall comply with all city zoning, building, and electrical codes.

(d) Permit Application.

(1) Application for a permit to install a temporary or permanent sign shall be made upon an application form provided by the Planning Department. This application shall be accompanied by such information as may be required to assure compliance with all appropriate provisions of this subchapter.

(e) Permit Fee.

(1) Application for permits shall be filed with the Zoning Administrator, together with a permit fee. In addition, when any sign is hereafter erected, placed, installed or otherwise established on any property without first obtaining the permit required by this subchapter, the permit fees shall be doubled; however the payment of such double fee shall not relieve any person from complying with other provisions of this section or from penalties prescribed herein. The fee for all signs shall be calculated on a square footage basis. Permit fees shall be charged in amounts as established by City Council.

(f) Permitted Sign Duration.

(1) Any sign deemed permanent under this subchapter shall remain a permanent sign unless otherwise stated in this subchapter. A renewal fee is not required.

(g) Maintenance of Signs.

(1) Every sign shall be maintained in a safe and aesthetically presentable condition at all times and must not appear to be in a deteriorated or dilapidated condition. Proper sign maintenance includes, but is not limited to, the replacement of defective parts, painting, cleaning, and other acts required for maintenance of the appearance and structural condition of the sign.

(h) Removal of Unlawful Sign in the Public Rights-of-way.

(1) Signs, other than governmental signs are specifically prohibited in public rights-of-way. The city shall immediately remove or cause to be removed from the public rights-of-way any sign other than governmental as referenced in this section. Just as a private property owner may remove any sign placed on his or her private property so may the city if the sign is in violation of this subchapter. Such removal authority must be exercised in a nondiscriminatory manner.

(i) Developer’s Sign Program.

(1) Developers, owners, and managers of proposed new developments and/or revised and remodeled existing developments shall be required to submit to the Zoning Administrator a Sign Program for the development. The Sign Program shall describe proposed controls over signs to be used in the development, including type, size, placement, and materials of all signs to be allowed in the development. Signs within the development should be developed around a common theme such as colors, fonts and materials.

(2) Upon approval by the Zoning Administrator all sign permits issued for the development shall meet the requirements of this code as well as the guidelines of the development’s adopted sign program. In cases of a conflict between the provisions of this code and the development’s adopted sign program, this code shall prevail.

(Ord. 45-08. Passed 12-15-08.)

1185.15 NONCONFORMING SIGNS.

(a) General.

(1) Any sign lawfully existing on the effective date of an ordinance which does not conform to all the standards and regulations of the current ordinance shall be deemed to be nonconforming.

(b) Rules for Nonconforming Signs.

(1) A nonconforming sign shall not be replaced by another nonconforming sign, except that the substitution or interchange of poster panels, painted boards or demountable material on nonconforming signs shall be permitted.

(2) Minor repairs and maintenance of nonconforming signs such as repainting, electrical repairs and neon tubing repair shall be permitted. However, no structural repairs or changes in the size or shape of the sign shall be permitted except to make the sign comply with the requirements of this subchapter or to make it less nonconforming.

(3) If a nonconforming sign is damaged by more than one-half of its replacement value, it shall be removed and shall not be repaired or replaced except in conformance with this subchapter.

(4) Any nonconforming sign which is altered, relocated or replaced shall comply with all provisions of this sign code as if it were a new sign

(Ord. 45-08. Passed 12-15-08.)

1185.16 ABANDONED SIGNS.

(a) Criteria for Establishing Abandonment. A sign or sign structure shall be considered abandoned when any of the following occurs:

(1) Any business advertised thereon is no longer in business and has not been in business for more than 90 days;

(2) Any product or service advertised thereon is no longer offered and has not been offered for the past 90 days;

(3) The structure no longer supports a sign for a period of 90 days;

(4) The sign, structure or advertising display is visibly damaged or partially missing.

(5) Internal or halo illumination is partially or wholly burned out or inoperative.

(b) Removal of Abandoned Signs. Any sign or sign structure which has been abandoned shall be removed or restored to use within thirty days after a notice of abandonment is issued to the owner of the site. Notice shall be given by the administrator using certified mail. The administrator may allow an abandoned sign or sign structure to remain in place provided that the sign or sign structure is maintained in good condition, and that there is a reasonable possibility that the sign can be restored to use within a one-year period.

(Ord. 45-08. Passed 12-15-08.)

1185.17 ILLEGAL SIGNS.

(a) Any sign which is contrary to the requirements of this code and which does not satisfy the nonconforming specifications stated in this code shall be deemed an illegal sign.

(b) Signs which were illegally erected, established or maintained with respect to the applicable requirements of prior resolutions or ordinances shall be removed or brought into compliance with this sign code per the requirements and procedures of Section 1185.14.

(Ord. 45-08. Passed 12-15-08.)

1185.18 PENALTY.

(a) Whoever violates any provision of this chapter is guilty of the following offenses and shall be subject to the following penalties (with the exception of sign violations for which separate penalties are provided in division (B) below:

(1) For a first offense, a minor misdemeanor.

(2) For a second offense (whether or not of the same section of this chapter, occurring not sooner than 30 days and not later than two years after the first offense) a misdemeanor of the third degree. The court shall impose upon the offender a fine of not less than $250, no portion of which may be suspended.

(3) For a third offense (whether or not of the same section of this chapter, occurring not sooner than 30 days and not later than two years after the first offense), a misdemeanor of the second degree. The court shall impose upon the offender a fine of not less than $500, no portion of which may be suspended.

(4) For a fourth offense and each subsequent offense (whether or not of the same section of this chapter, occurring not sooner than 30 days and not later than two years after the first offense), a misdemeanor of the second degree. The court shall impose upon the offender a fine of not less than $500, no portion of which may be suspended, or shall impose a sentence of imprisonment for not more than 30 days, with no portion of the imprisonment sentence to be suspended, or may impose both such a fine and sentence of imprisonment

(b) Whoever erects or maintains a sign in violation of Sections 1185.02 through 1185.17 is guilty of the following offenses and shall be subject to the following penalties:

(1) For a first offense, a minor misdemeanor.

(2) For a second offense (whether or not on the same sign or on the same section of Sections 1185.02 through 1185.17 occurring not sooner than seven days and not later than two years after the first offense), a misdemeanor of the third degree. The court shall impose upon the offender a fine of not less than $250, no portion of which may be suspended.

(3) For a third offense (whether or not on the same sign or on the same section of Sections 1185.02 through 1185.17, occurring not sooner than seven days and not later than two years after the first offense), a misdemeanor of the second degree. The court shall impose upon the offender a fine of not less than $500, no portion of which may be suspended.

(4) For a fourth offense and each subsequent offense (whether or not on the same sign or on the same section of Sections 1185.02 through 1185.17, occurring not sooner than seven days and not later than two years after the first offense), a misdemeanor of the second degree. The court shall impose upon the offender a fine of not less than $500, no portion of which may be suspended, or shall impose a sentence of imprisonment for not more than thirty days, with no portion of the imprisonment sentence to be suspended, or may impose both such a fine and sentence of imprisonment.

(Ord. 45-08. Passed 12-15-08.)

TABLES AND APPENDICES

TABLE 1 PERMITTED PERMANENT AND TEMPORARY SIGNS BY DISTRICT

SIGN TYPE	R-SF, R-MF, R-TF, R-FF	O-R	N-B, G-B, OT-B	R-B, B-P, C-R	L-I	AG
Permanent Ground	X	X	X	X	X	X
Permanent Awning			X	X	X
Permanent Neon			X	X
Permanent Wall		X	X	X	X	X
Permanent Canopy			X	X
Permanent Marquee				X
Permanent Under Marquee			X	X
Temporary Ground	X	X	X	X	X	X
Major Development**				X

** See Section 1185.05 for requirements and restrictions.

(Ord. 45-08. Passed 12-15-08.)

TABLE 2 PERMANENT GROUND SIGN SIZE, HEIGHT, AND SETBACK DETERMINATION BY DISTRICT

ZONING DISTRICT	Total Sign Face (Sq. Ft.)	Total Sign Area (Sq. Ft.)	Maximum Sign Height (Ft.)	Minimum Sign Setback (Ft.)
R Districts**	24	48	4	5
O-R District	24	48	4	5
NB, GB, OTB District	30	60	5	5
RB, BP, CR District	50	100	5	5
L-I District	50	100	6	5
AG District	24	48	4	5
** Pertains only to signs utilized to identify subdivisions, neighborhood, multi-family development complex, or permitted conditional use. (See Section 1185.07)

(Ord. 45-08. Passed 12-15-08.)

APPENDIX A SIGN FIGURES AND TABLES

FIGURE 1. HEIGHT OF SIGN DETERMINATION - PERMANENT GROUND SIGNS

FIGURE 2. HEIGHT OF SIGN DETERMINATION - PERMANENT GROUND SIGNS.

FIGURE 3. EXEMPT SIGNS.

FIGURE 4. PROHIBITED SIGNS.

FIGURE 5. LANDSCAPING REQUIREMENTS - PERMANENT GROUND SIGNS.

FIGURE 6. PERMITTED PERMANENT SIGNS.

FIGURE 7. SIZE OF SIGN DETERMINATION -

BUILDING AND STREET FRONTAGE.

1189.01 ACCESSORY STRUCTURES.

Accessory structures shall be regulated as follows:

(a) An accessory structure may be erected as an integral part of a principal building or it may be connected thereto by a breezeway or similar structure with the exception of satellite dishes.

(b) An accessory structure may be erected detached from the principal building. However, no such structures or components thereof shall be erected in any required front yard.

(c) A detached accessory structure shall be at least six (6) feet from any structure situated on the same lot unless noncombustible materials are used.

(d) In the case of a corner lot, no accessory structure shall be erected or altered so as to project beyond the front yard required on any adjacent lot, nor shall it be located closer to either street line than the main building constructed on the lot.

(e) A detached accessory structure shall not exceed fifteen (15) feet in height as measured from the point nearest the public street.

(f) Detached accessory structures shall be placed no closer than ten (10) feet from a side or rear lot line.

(g) Any detached accessory structure shall be erected only within the rear yard.

(h) Any established and principally permitted residential use within the “A”, “R-E”, “RSF-L”, “RSF-M”, “RSF-H”, “R-TF”, “R-FF”, “RMF-H”, “O-R”, residential Planned Unit Development Districts, shall have no more than two (2) accessory structures located on the property or utilize more than twenty-five percent (25%) of any available land outside of the required setbacks for accessory structures. The total square footage of all accessory structures on the property shall not exceed fifty percent (50%) of the footprint of the primary structure. Any accessory structure constructed of metal, plastic, or fabric shall not exceed 150 square feet in total floor area except within an Agriculture District, provided that such structure is accessory to a principally or conditionally permitted use (other than a single-family dwelling) within said district.

(i) Portable storage units [See 1189.09 Temporary Uses].

(j) Semi truck trailers shall not be used for storage purposes in any Zoning District.

(Ord. 34-19. Passed 12-2-19.)

1189.02 CONVERSION OF DWELLINGS.

The conversion of any building into a dwelling or the conversion of any dwelling so as to accommodate an increased number of dwelling units or families shall be permitted only within the district in which a new building for similar occupancy would be permitted under this Zoning Code, only after obtaining a zoning permit and otherwise complying with the Zoning Code, and only when the resulting occupancy will comply with the requirements governing new residential construction in such district with respect to minimum lot size, minimum floor area per dwelling unit, dimensions of yards, off-street parking, and other applicable requirements for the district in which the conversion is located.

(Ord. 34-19. Passed 12-2-19.)

1189.03 PERFORMANCE STANDARDS.

Performance standards for uses within the City of Trotwood shall be as follows:

(a) No emission of air pollutants (fumes, gasses, vapors, etc.) shall be permitted which would violate the minimum air quality requirements of the Montgomery County Combined Health District.

(b) Any operation producing intense light or heat, such as high temperature processes like combustion or welding, shall be performed entirely within an enclosed building and shall not be visible beyond any lot line bounding the property upon which the use is conducted.

(c) All exterior lighting shall be shielded and no exterior lighting shall be positioned so as to extend light or glare onto adjacent properties or public rights-of-way.

(d) No odor shall be emitted by any use in such quantities as to be readily detected by an average observer at any point along the lot line without using instruments.

(e) No uses shall be located and no equipment shall be installed in such a way as to produce intense noise or earth-shaking vibrations which are discernible without instruments at the property lines of the subject premises.

(f) No activities shall be permitted which utilizes fissionable or radioactive materials if their use results at any time in the release or emission of any fissionable or radioactive materials into the atmosphere or the ground, and no activities shall be permitted which emit electrical disturbance affecting the operation at any point of any equipment other than that of the creator of such disturbance.

(Ord. 34-19. Passed 12-2-19.)

1189.04 FENCES, WALLS AND HEDGES.

Fences, walls and hedges shall be regulated as follows:

(a) Decorative front yard fences and walls shall be regulated as follows:

(1) Decorative front yard fences and walls may be permitted provided that they do not create an enclosure, a barrier for access or a divider between properties.

(2) Decorative front yard fences shall not exceed three (3) feet in height within the required front yard. Decorative front yard walls, when built of solid masonry or stone materials, shall not exceed two (2) feet in height within the required front yard.

(3) The length of a decorative front yard fence or wall shall not exceed fifty percent (50%) of the property frontage as measured at the public right-of- way. For the purposes of this Code, corner lots shall be considered as having two frontages.

(4) Support posts for decorative fences and walls shall not exceed forty-two (42) inches in height when used in conjunction with minimum spans of six (6) feet. Masonry and stone posts not exceeding two (2) feet on any side may be permitted.

(5) A minimum of fifty percent (50%) visibility must be maintained through the decorative fence.

(6) In no case, shall chain link, wire or steel mesh be permitted in the front yard.

(b) Other fences, walls and hedges shall be regulated as follows:

(1) No fence, walls, hedges or plantings, when used as a divider, shall be permitted to exceed three (3) feet in height within a front yard.

(2) No fences, walls, hedges or planting shall be permitted to interfere with visibility to or from a driveway.

(3) All fences, walls and hedges adjacent to any public sidewalk shall be set back at least three feet from such sidewalk.

(4) Within a side or rear yard, no fence or wall structure shall be permitted to exceed six (6) feet in height from its base to its top.

(5) The use of barbed wire for fencing purposes shall only be permitted in the industrial and agricultural districts.

(6) Prior to the erection, construction or placement of a fence or wall, all property owners shall either have their respective lots surveyed or sign a waiver which exempts the City from liability for illegal or improper placement which has resulted from the submission of incorrect or misleading information.

(7) No fence shall be erected, constructed or placed so as to interfere with the provision of adequate light and air.

(8) No fill or earthen berm, which results in a change of existing grade in developed or built-up areas of the City, shall be used to accommodate the placement of a fence or wall.

(9) No fence shall be constructed so as to alter the natural drainage of an existing property.

(10) A fence permit shall be required to be obtained from the Zoning Administrator for the erection, construction or placement of all proposed fences, walls and front yard hedges.

(11) Fences used in conjunction with tennis courts and back stops for ball fields shall be exempt from the height limitations; however, in no case, shall a tennis court or back stop be more than twelve (12) feet in height.

(12) All fences shall be installed so that support posts and other support mechanisms face the inside part of the fence.

(Ord. 34-19. Passed 12-2-19.)

1189.05 HOME OCCUPATIONS.

Home occupations shall be regulated as follows:

(a) Home occupations shall be considered an activity which is clearly incidental and secondary to the use of a dwelling for residential purposes.

(b) A home occupation shall not change the residential character of either the dwelling or the surrounding neighborhood.

(c) A home occupation shall be conducted entirely within the dwelling and shall not be permitted in any accessory structure or within any required yard space.

(d) A home occupation shall be operated only by a resident of the dwelling in which such home occupation occurs and, there shall be no employees.

(e) A home occupation shall not have a separate entrance from outside of the dwelling.

(f) A home occupation shall not involve the use of more than one room or twenty-five percent (25%) of the ground floor area of the dwelling unit, whichever is greater.

(g) A home occupation shall not utilize mechanical or electrical equipment except that which is customary for purely domestic or hobby purposes.

(h) No home occupation shall be operated in such a manner as to cause offensive noise, vibration, smoke or other particulate matter, odorous matter, heat, humidity, glare, electronic interference or otherwise constitute a nuisance or safety hazard.

(i) No wholesale, jobbing or retail business shall be permitted on the premises unless it is conducted entirely by mail and/or telephone, provided however, that articles produced by the members of the immediate family residing on the premises are not sold upon the premises.

(j) No outdoor storage of materials used to conduct a home occupation shall be permitted.

(k) An individual conducting a home occupation shall be permitted to display one non- illuminated sign not exceeding two square feet per sign face in area.

(l) No expansion of existing off-street parking shall be permitted. Furthermore, no additional parking burden, due to the home occupation, shall be created.

(m) In no event shall a home occupation be interpreted to include an animal hospital or kennel, barber of beauty shop, business, dance or music school, doctor or dentist office, mortuary, private club, trailer rental, repair shop or service establishment, restaurant or bed and breakfast.

(n) A home occupation permit shall be required to be obtained from the Zoning Administrator for all proposed home occupations and shall be subject to renewal on an annual basis.

(Ord. 34-19. Passed 12-2-19.)

1189.06 OUTSIDE STORAGE AND WASTE.

Outside storage and waste shall be regulated as follows:

(a) With the exception of single and two family residences, all outdoor storage facilities for fuel, raw materials and/or waste products shall be enclosed by a four sided screened fence or wall, or combination thereof, so as to completely conceal such matter from surrounding land uses.

(b) All waste products temporarily stored outdoors shall be placed within closed containers capable of preventing their transfer either outside the required closure area, or, off the lot.

(d) All construction sites shall include a dumpster to contain construction trash and debris and portable toilet units for construction personnel.

(Ord. 34-19. Passed 12-2-19.)

1189.07 COMMERCIAL, RECREATIONAL, CONSTRUCTION AND AGRICULTURAL VEHICLES.

Commercial, recreational, construction and agricultural vehicles shall be regulated as follows:

(a) A “small commercial vehicle” shall mean a vehicle which:

(1) Is designed primarily for carrying merchandise or freight;

(2) Does not exceed 8,000 pounds empty weight; and

(3) Does not contain provisions for refrigeration, cooking water storage or sleeping.

Such vehicles shall not be permitted to be parked overnight within any Residential, or Office Zoning District.

(b) Other commercial vehicles, which are not considered small commercial vehicles, may be parked periodically, as well as temporarily, but not overnight, in a residential zoning district only for the purpose of making service or delivery calls.

(c) Recreational Vehicle shall mean all travel trailers, pickup trucks with slide in campers, motorized homes, fold-tent trailers, boats and boat trailers.

(1) Such vehicles shall not be permitted to be permanently parked within any required front yard of any zoning district.

(2) Such vehicles may be parked in a required front yard of a residential zoning district for the purpose of loading or unloading not to exceed forty-eight (48) hours within any seven (7) day period of time.

(3) Such vehicles may be parked for storage purposes in any side yard or rear yard, provided a permanent hard, impermeable dustless surfaced area not less than the overall dimensions of the vehicle is constructed and a permanent, dustless, hard surfaced driveway to the vehicle is provided and maintained. Stored vehicles shall be screened from view from adjacent properties with a fence or landscaping materials.

(4) None of the above types of vehicles shall be used for living, sleeping or housekeeping purposes when parked or stored on any lot within the City. Travel trailers, pickup trucks with slide-in campers and motorized homes shall not be used for onsite construction offices and twenty-four (24) hour security offices on construction sites.

(5) No person shall permanently remove the wheels or similar transporting devices of any habitable vehicle parked in a residential zoning district, nor shall such vehicle be otherwise fixed to the ground by any person in any manner that would prevent the ready removal of such habitable vehicle.

(6) Parked or stored recreational vehicles shall not be connected to electricity, water, gas or sanitary sewer facilities; and at no time shall this equipment be used for living or housekeeping purposes while on the premises. Furthermore, all parked or stored recreational vehicles shall be solely for the personal use of the occupants of the residence on which the vehicles are located.

(7) All commercial and recreational vehicles, whether used for transportation or storage purposes, shall be required to have current State license plates and/or tags.

(Ord. 34-19. Passed 12-2-19.)

1189.08 PRIVATE SWIMMING POOLS.

Private swimming pools shall be regulated as follows:

(a) Any manmade pool, pond, lake or open tank not located within a completely enclosed building, and containing or normally capable of containing water to a depth at any point greater than one and one-half (1½) feet shall, hereafter, be deemed to be a private swimming pool.

(b) Such pool shall be used solely by a property owner, members of the immediate family and invited guests.

(c) Such pool shall be setback at least fifteen (15) feet from all side and rear lot lines and shall be located well away from any electrical power lines.

(d) Pools shall not be permitted in the front or side yard of a property.

(e) Such pools shall be surrounded on all sides by a five (5) foot high fence or wall so as to prevent uncontrolled access. Said fence or wall shall be maintained in good condition and any gate must have a working lock.

(Ord. 34-19. Passed 12-2-19.)

1189.09 TEMPORARY USES.

(a) Carnivals, circuses, fairs, festivals and other similar gatherings shall be permitted for a maximum period of ten (10) days in any GB General Business, or RB Regional Business zoning district upon the approval of a Tent and Festival permit application by the Zoning Administrator. Approval of a permit shall require the following:

(1) Written consent of sixty percent (60%) of all residential property owners within 500 feet of the temporary use from such gathering.

(2) Approval of tents by the Trotwood Fire Department if applicable.

(3) Approval of any electrical hookups by the Montgomery County Department of Building Inspection.

(4) Approval of a Public Safety Plan by the Trotwood Police Department.

(5) Liability insurance in the amount of one million dollars ($1,000,000).

Such activities shall be exempt when authorized by Council or when sponsored in whole or in part by Council.

(b) Temporary sales offices, which are open to the general public, including mobile homes, shall be permitted only as follows:

(1) In a subdivision of not less than five acres.

(2) When located at least 300 feet from any existing residential dwelling; and

(3) When connected to on-site water and sewer utility hookups. Such offices shall be permitted for a maximum six (6) month period of time.

(c) Temporary construction offices, which are not open to the general public, including mobile homes and mobile trailers used for that purpose, shall be permitted in any subdivision provided such use is situated only upon the lot where construction activity is permitted to occur. Such office shall be permitted for a maximum six (6) month period of time or only until the approved construction is completed.

(d) Temporary Outdoor Sales.

(1) The temporary outdoor sales of items such as produce, lawn and garden supplies, seasonal items and similar items thereof shall be permitted on the premises of retail outlets located in any business district when incident to the principal business conducted thereon and sales are made only by employees of the principal business. The sale of any agricultural produce shall be permitted on any property on which it is produced or grown. All such sales shall be subject to the following conditions:

A. No portion of the display shall be on or over publicly owned property or right-of-way.

B. No required off-street parking space or loading area shall be utilized for display, storage or dispensing.

C. A permit is obtained from the Zoning Administrator and a twenty- five dollar ($25.00) permit fee is paid. Said permits shall remain in effect for so long as the approved use or uses remain unchanged as to type, location and area and the activity has not been adjudged to be a nuisance or in violation of any provisions of this Zoning Ordinance.

(2) Farmers Markets offering outdoor sales of farm produce, homemade foodstuffs such as breads, cakes, pies, pastries and similar items, flowers and other items handmade and not store bought. Farmers Markets are subject to the following conditions:

A. Individual vendor stands, tents, stalls, etc. may be located only in non-Residential Zoning Districts.

B. No off-street parking spaces required by the use on which property the Market is located may be used for display, sales or storage by the Market vendors.

C. Vendors shall be required to provide adequate parking for the Market during the operation of the Market.

D. Farmers Markets may operate no more than two days per week.

E. Vendors shall be responsible for complying with all requirements of the Montgomery County Health Department.

F. Scales used for weighing products sold shall have a current certification from the Greene County Auditor’s Office.

G. A Temporary Use Permit shall be obtained by each vendor from the Zoning Administrator and a twenty-five dollar ($25.00) permit fee shall be charged each vendor. Said permits shall expire on December 31st of each year.

(e) Portable storage units may be placed in Residential Districts for a period of time not to exceed thirty (30) days per year, unless otherwise approved, subject to the following conditions:

(1) Portable storage units may be located only on the driveway of the property where the unit is being used for temporary storage.

(2) An application for temporary use permit shall have been submitted by the property owner and approved by the City prior to locating the unit on the property.

(3) In instances where the property owner can demonstrate that unusual circumstances create a need to place the unit on the property for a period longer than thirty days, the Zoning Administrator may issue a temporary use permit for a period longer than thirty (30) days, but in no instance may a permit be issued for a period longer than one hundred eighty (180) days.

(4) When the Zoning Administrator approves an extension of the expiration date of a temporary use permit for a Portable Storage Unit, the Zoning Administrator shall submit to the Board of Zoning Appeals at its next regular meeting a written report detailing the circumstances for the issuance of the extension.

(f) Tents: Exemptions.

(1) The use of a tent for any purpose shall require a Tent Permit, unless all of the following provisions are met:

A. The tent does not exceed 100 square feet in area.

B. The fabric of the tent is certified as meeting the flammability standard known as “CPAI-84”.

C. The tent will be located at least 20 feet from all property lines, buildings and parked vehicles.

(2) Unless exempt under Section 1189.09 (f) (1) above, a detailed site plan shall be submitted with the application form and must include:

A. Inside dimensions of the tent.

B. Location of tent to property lines, buildings, other tents & canopies, parked vehicles and internal combustion engines.

C. Parking and equipment area.

D. Location and size of exits and aisles.

E. Seating plan.

F. Location of lighting and heating (if used).

G. Fire extinguisher locations.

H. Location of “No Smoking” signs.

I. Certificate of Flame Retardant.* **

* The structure shall have a permanently affixed label bearing the following information:

1. Identification of temporary membrane structure, tent or canopy, size or fabric or material type.

2. For flame-retardant-treated materials, the date that the temporary membrane structure, tent or canopy and other combustible materials were last treated with an approved flame retardant.

3. The trade name and type of flame retardant utilized in the flame-retardant treatment.

4. The name of the person and firm that applied the flame retardant.

** If the structure does not have the above described label, the applicant must submit a Certificate that the tent meets the flammability standards of CPAI-84.

(3) If required, a Temporary Use Permit shall be granted in compliance with Section 1189.09 (a) or (d).

(4) All tents require inspection by Trotwood Fire Department before use. A copy of the approved tent permit shall be forwarded to the Fire Department by the Zoning Administrator, but it is the responsibility of the applicant to contact the Fire Department to schedule an inspection.

(Ord. 34-19. Passed 12-2-19.)

1189.10 TRANSFER OF BUILDINGS.

No building, whether now in use or formally used for residential, commercial or industrial purposes, shall be permitted to be physically moved from one lot location to another unless such building and the lot upon which it is placed meet all of the minimum provisions of the applicable zoning district in which they are so situated. Furthermore, such buildings shall, upon transfer, be required to be compatible with the character of the area in which they are placed.

(Ord. 34-19. Passed 12-2-19.)

1189.11 CORNER LOTS.

Corner lots shall be regulated as follows:

(a) In any district, the side yard of the corner lot that abuts the side yard, shall have the same setback requirement as the front yard.

(b) A rear yard shall be provided parallel to and opposite from the front yard. However, in no instance, shall such an area be permitted to consist of less than fifteen (15) feet when measuring the distance between the principal structure and the rear property line.

(c) The rear yard for a corner lot is an area bounded by the side lot lines and an imaginary line on an arc of X feet (“X” being the required rear yard setback of the Zoning District of the property) from a point most distant from the front lot lines at which the side lot lines intersect. In the instance of a through lot, there is no rear yard.

(Ord. 34-19. Passed 12-2-19.)

1189.12 OUTDOOR STORAGE NOT PERMITTED AS AN ACCESSORY USE.

The outdoor storage of materials such as, but not limited to; junk, wood, lumber, building materials, parking of inoperative or unlicensed motor vehicles or similar items of property, unless specifically permitted by the specific zoning district regulations shall not be permitted as an accessory use in Agricultural, Residential, Office or Business Districts.

(Ord. 34-19. Passed 12-2-19.)

1189.13 AUTOMOTIVE SERVICE STATIONS, PUBLIC GARAGES AND PARKING LOTS.

Filling stations, public garages and parking lots shall be regulated as follows:

(a) No automotive filling station or public garage shall be permitted where any dispensing pumps, any oil drainage pit or visible appliance for any such purpose other than underground storage tank filling caps, is located within twelve (12) feet of the established right-of-way line as shown on the Official Thoroughfare Plan for the City of Trotwood or within twenty-five (25) feet of any Residential District, except where such appliance or pit is completely enclosed within a building.

(b) Canopies may be erected over service station pump islands provided that no canopy shall be closer that five (5) feet to the right-of-way and provided that the vertical supports for the canopy shall not be closer than twelve (12) feet to the right-of-way. Such canopy shall not exceed eighteen (18) feet above the ground level and shall be at least fourteen (14) feet above the ground level. On corner lots, no canopy shall be closer than ten (10) feet to the right-of-way of the intersection. All setbacks are taken from the right-of-way as shown on the Official Thoroughfare Plan for the City of Trotwood.

(c) On all corner lots, all vehicular entrances to, or exits from, and curb openings, shall be set back a minimum of twenty-five (25) feet from the corner property lines extended or from the established right-of-way lines as shown ion the Official Thoroughfare Plan. All curb openings, whether on a corner lot or not, shall not exceed forty (40) feet in width at the curb line, and thirty (30) feet at the property line. There shall be a minimum of twenty (20) feet measured along the property line, between any series of driveways.

(Ord. 34-19. Passed 12-2-19.)

1189.14 EXCAVATIONS, DUMPS AND LANDFILLS.

No excavations or dumping of earth, gravel, stone or other natural products shall be carried on in any district unless the same is permitted by the Planning Commission, subject to such conditions and safeguards as it may determine for the protection of the public health, safety and morals of the City.

Dumping of refuse or waste matter and/or the burning of such materials on any land, natural land cavity, existing excavations, or quarries shall be prohibited in any district unless the said use exists at the time of the enactment of this Ordinance, and in that case, the Board may establish the necessary conditions so that such process will not be detrimental to the Community.

(Ord. 34-19. Passed 12-2-19.)

1189.15 DRIVEWAYS IN AGRICULTURAL AREAS.

Any driveway or access drive in an agricultural district shall be constructed of a sealed, dustless surface of asphalt or concrete from a point at least fifty (50) feet from the right-of-way to the paved thoroughfare.

(Ord. 34-19. Passed 12-2-19.)

1189.16 HEIGHT MODIFICATIONS.

Height limitations stipulated elsewhere in this Zoning Ordinance shall not apply:

(a) To barns, silos or other farm related structures on farms, provided these are not less than fifty (50) feet from every lot line; to church spires, belfries, cupolas and domes, bulkheads and elevator penthouses; to parapet walls extending not more than four (4) feet above the limiting height of the building.

(b) To fire towers, cooling towers, grain elevators, gas holders or other structures, where the manufacturing process requires a greater height; provided, however, that, all such structures above the heights otherwise permitted in the district shall not occupy more than twenty-five (25) percent of the area of the lot and shall be distant not less than twenty-five (25) in all parts from every lot line.

(Ord. 34-19. Passed 12-2-19.)

1189.17 LANDS USED FOR AGRICULTURAL PRODUCTION.

Lands used for agricultural production shall be regulated as follows:

(a) As used in this Section, “agricultural production” means commercial, apicultural, animal husbandry, or poultry husbandry, the production for a commercial purpose of timber, field crops tobacco, fruits, vegetables, nursery stock, ornamental shrubs and trees, flowers or sod; the growth of timber for a non-commercial purpose, if the land on which the timber is grown is contiguous to or part of a parcel of land under common ownership that is otherwise devoted exclusively to agricultural use; or any combination of such husbandry, production or growth; and includes the processing, drying, storage and marketing of agricultural products when those activities are conducted in conjunction with such husbandry, production or growth.

(b) Notwithstanding any provision to the contrary in this Zoning Ordinance, any parcel of land which, during the five calendar years prior to the adoption of this Zoning Ordinance that has been devoted to agricultural production or is zoned as an agricultural district under any prior Zoning Ordinance or Resolution, may continue or commence agricultural production subject only to the provisions pertaining to agricultural uses of Sections 1171.05 and 1171.06 of this Zoning Ordinance.

(c) Structures utilized for agricultural production purposes shall be exempt from the accessory use provisions of this Zoning Ordinance.

(Ord. 34-19. Passed 12-2-19.)

1189.18 ARCHITECTURAL DESIGN STANDARDS.

(a) Purpose and Intent. The exterior appearance of any building within the City has an effect upon the desirability of the immediate area and of neighboring areas for business, residential, and other purposes. Maintenance of an attractive, compatible, and pleasing exterior appearance of such buildings will prevent a deterioration in the stability of residential neighborhoods and areas of business development, preserve the value of real property, and prevent the deterioration of conditions affecting the general welfare of residents and business owners in the City.

(b) Building Design.

(1) Architectural style is not restricted. Evaluation of the appearance of a project will be based on the quality of its design and relationship to surroundings.

(2) Buildings shall be of similar scale and in harmonious conformance with permanent neighboring development.

(3) Building materials shall be of durable quality. A minimum of fifty percent (50%) brick, stone, or other permanent natural material shall be used in the construction of any single family residence.

(4) Building components such as windows, doors and eaves shall have good proportions and relationships to one another.

(5) Mechanical equipment or other utility hardware on the roof, ground or buildings including antennae; satellite discs; and heating, ventilation and cooling equipment shall be screened from public view with materials that are architecturally compatible with the building or they shall be located so as not to be visible from public roads.

(6) Exterior lighting shall be included in the architectural concept and shall be designed and installed so as to eliminate glare and be non-intrusive or disruptive to neighboring properties and passers-by.

(7) Building colors shall include subtle, neutral, earth tone colors and shall be similar and consistent with the colors of the home in the immediate neighborhood. The use of high intensity, metallic or flourescent colors in any residential zoning district shall be prohibited.

(8) Protective barriers such as bars, cages, and other barricades placed on doors and windows of any commercial building shall not be readily visible from the exterior of the building. Such devices shall be placed only in the interior of the structure.

(c) Approval Standards. The appearance, color, texture and materials being used will preserve property values in the immediate neighborhood and will not adversely affect any property values.

(d) Procedure. The Zoning Administrator shall be authorized to determine compliance of an application for Zoning Permit with this Section 1189.18. The Zoning Administrator may forward any application for review and determination by the Trotwood Design Review Board.

(Ord. 34-19. Passed 12-2-19.)

1189.19 HORSES.

The keeping of horses may be permitted within the A, Agricultural, RE-Rural Estate, RSF- L, Residential Single Family Low Density and RSF-M, Residential Single Family Medium Density Zoning Districts provided a minimum of one acre of land shall be provided for each horse kept in any of the permitted districts except that horses may not be kept on any lot or parcel of land smaller than two (2) acres within the RSF-L and RSF-M Districts.

(Ord. 34-19. Passed 12-2-19.)

1189.20 ALTERNATIVE ENERGY.

(a) Wind Turbine. Wind energy conversion systems shall be allowed in all zoning districts as an accessory structure subject to the following conditions:

(1) General.

A. A zoning permit is required.

B. No system shall be directly or indirectly lit unless required by the FAA.

C. No system shall be used for advertising of any kind.

D. No system shall produce a detectable noise at the property lines.

E. Turbines are prohibited in the front yard.

F. Systems are subject to the Property Maintenance Code and shall be removed within six (6) months of being nonfunctional.

G. The height of a wind system shall be measured from grade, base of the tower or the lowest adjacent grade of the structure in which the system is attached, to the tip of the rotor blade in a 90-degree position.

(2) Requirements.

A. For parcels less than one acre, no ground-mounted systems are permitted. All systems shall be mounted to the principal or accessory structure and shall not project more than five feet (5') above the roof of the structure and also shall not exceed the height requirement for accessory uses or of the zoning district in which it is located, dependent upon which structure it is attached.

B. For parcel one acre or greater, a ground-mounted system is permitted and shall not exceed the height requirement of the zoning district in which it is located.

1. Ground-mounted systems shall be set back from the rear and side property lines equal to the height of the turbine or satisfy the zoning district setback requirements, whichever is greater.

2. All system mounted to the principal or accessory structure shall not project more than five feet (5') above the roof of the structure and also shall not exceed the height requirement for accessory uses or of the zoning district in which it is located, dependent upon which structure it is attached.

(b) Solar Panels. Solar panels shall be allowed in all zoning districts either attached to a permitted principal use or accessory building or as an accessory structure subject to the following regulations:

(1) Freestanding solar panels are prohibited in the front yard.

(2) Panels that are freestanding or attached shall satisfy the rear and side yard setback requirements of the zoning district in which they are located.

(3) Solar panels are permitted on the roof of the principal structure or accessory structure, provided that the addition of the panels does not cause the structure to exceed the height requirement for the zoning district in which it is located.

(4) Solar panels shall be placed and arranged such that reflected solar radiation or glare shall not be directed onto adjacent buildings, properties or roadways.

(5) Panel systems are subject to the Property Maintenance Code and shall be removed within six months of being nonfunctional.

(6) No panel shall be used for advertising of any kind.

(7) A permit is required.

(Ord. 34-19. Passed 12-2-19.)

1189.21 GROUP HOMES.

(a) Scope. This section shall apply to Group Homes as defined by this Zoning Code.

(b) Definitions.

(1) For definitions, see Chapter 1123 Definitions of Part Eleven Planning and Zoning Code, Title Five Zoning Administration.

(2) For purposes of this Section, "Applicant" means the person submitting an application for a Group Home.

(3) For purposes of this Section, "Permit Holder" means any person who possesses or is required to possess a permit for a Group Home pursuant to this Section.

(4) For the purposes of this Section, "person" shall refer to any individual, partnership, association, company, firm, trust, corporation, government corporation, non-profit, department, bureau, agency or any other entity recognized by law.

(1) No person shall operate a Group Home or knowingly permit the operation of a Group Home without first submitting an application for a zoning permit and procuring a zoning permit.

(d) Permit Requirements.

(1) The Applicant for a Group Home shall submit the following to the Zoning Administrator:

A. State or local license, certification or approval or evidence that authorization is forthcoming from the applicable State or local governmental body.

1. If the application is for an Adult Group Home, license or approval from the Department of Mental Health or other applicable agency.

2. If the application is for a Youth Group Home, license or approval from the Department of Job and Family Services or other applicable agency.

B. Written approval from the Fire Chief, issued after inspection for compliance with applicable fire safety standards.

C. Approvals from other applicable zoning departments.

D. If the Applicant is not the owner of the property in which the Group Home is located, then the Applicant shall provide a notarized letter from the property owner approving the property for use as a Group Home.

E. A letter of intent containing the following information:

1. The name(s), address(es), and telephone number(s) of:

a. The owner(s) of the property on which the Group Home is located.

b. The operator(s) of the Group Home.

2. Proof of business registration or Federal ID number.

3. The maximum number of individuals to reside in the Group Home, the general nature of their needs, and the assistance to be provided.

4. The age range of individuals to reside in the Group Home.

5. The house rules of the Group Home, along with a statement of the level of supervision that is to be provided.

F. A communications plan and emergency plan which includes, but is not limited to:

1. Who to call when a problem arises (i.e., the person in charge of the Group Home) and the phone number for this person;

2. A current list of the residents living in the Group Home, which identifies each resident's name and age; and

3. Where medications, if any, are stored within the Group Home.

G. A statement of admission procedures and policy.

H. Interior layout of the Group Home with dimensions.

I. Plans and drawings which show the location and dimensions of the lot, the location and dimensions of any existing or proposed structures on the lot, floor plans, points of ingress and egress, landscaping and/or screening areas.

(2) The Applicant shall contact neighbors within 300 feet of the proposed Group Home to notify them that a Group Home application will be submitted.

(3) The Zoning Administrator or his or her designee shall issue a permit to those Applicants who satisfy the permit requirements as listed herein.

(4) Once a permit is issued to an Applicant, the permit is non-transferable.

(5) Failure to provide any of the information required in a permit application for the permit renewal, or providing false or misleading information may be grounds for denial.

(e) Permit Renewal.

(1) Every permit issued for the establishment of a Group Home shall annually be renewed by the Permit Holder with the Zoning Administrator.

(2) Upon satisfaction that the Group Home is in compliance with applicable zoning regulations, fire codes, and/or building codes, the Zoning Administrator shall renew the permit for a period of one year.

(3) If a Group Home ceases operation or is vacant for one year or more, the permit cannot be renewed. A new application is required.

(f) Communications Plan and Emergency Plan.

(1) The communications plan and emergency plan shall be conspicuously posted in the Group Home such that emergency responders may easily access it in an emergency.

(2) The communications plan and emergency plan shall contain a current list of residents, including their names and ages. This list should be updated periodically to ensure accuracy of information.

(g) Concentration.

Cross Reference Ohio Revised Code Section 5119.341.

(1) No permit shall be issued for a new Group Home that will be located within a 500-foot radius of another Group Home already in lawful operation except as provided in subsection (g)(2). Those Group Homes that are in lawful operation on the effective date of this section may be issued a permit notwithstanding the 500 foot limit, provided they are in compliance with all the other sections of this Section.

(2) An applicant for a Group Home may request a variance of the 500 foot requirement by completing a variance application with the Board of Zoning Appeals as provided in Chapter 1129 of the Zoning Code.

(Ord. 20-23. Passed 6-5-23.)

1189.22 CHILD DAY CARE CENTERS, TYPE A FAMILY DAY CARE HOMES, AND TYPE B FAMILY DAY CARE HOMES.

(a) Definitions.

(1) "Child Day Care Center" means any place that is not the permanent residence of the licensee or administrator in which child care or publicly funded child care is provided for seven (7) or more children at one time. Cross Reference Ohio Revised Code 5104.01.

(2) "Type A Family Day Care Home" means:

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 years of age.

Cross Reference Ohio Revised Code Section 5104.01.

(3) "Type B Family Day Care Home" means 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 years of age at one time. Cross Reference Ohio Revised Code Section 5104.01.

(4) "Permit Holder" means any person who possesses or is required to possess a permit for a Child Day Care Center, Type A Family Day Care Home, or Type B Family Day Care Home pursuant to this Section.

(b) Child Day Care Centers, Type A Family Day Care Homes, and Type B Family Day Care Homes shall be permitted to be established in accordance with the provisions contained in this Zoning Ordinance.

(c) The maximum number of children in average daily attendance at a Child Day Care Center, Type A Family Day Care Home, and Type B Family Day Care Home shall be in strict compliance with the requirements of applicable Ohio law.

(d) Child Day Care Center.

(1) An applicant for a permit to operate a Child Day Care Center shall submit the following information to the Zoning Administrator:

A. A license authorizing operation of a Child Day Care Center from the Department of Job and Family Services, State of Ohio.

1. In no instance will the Zoning Administrator consider renewing a permit if a license has not been granted to operate such facility within a 365-day period commencing at the time a permit was originally approved.

B. The name(s) of the individual(s) and/or agency responsible for administering day care services.

C. Proof of business registration with the department of state and/or FEIN number.

D. Proof of registration with the City of Trotwood tax department.

E. The proposed hours of operation of the Child Day Care Center.

F. The number of children anticipated to be in average daily attendance at the Child Day Care Center.

G. Evidence that both fire prevention and property maintenance inspections have been made of the structure proposed to contain the day care center, as well as evidence that such building is free of any violations of local and/or State laws or codes.

H. Plans and drawings which show the location and dimensions of the lot, the location and dimensions of any existing or proposed structures on the lot, floor plans, points of ingress and egress, landscaping and/or screening areas, and recreation and open space facilities.

I. Communication plan.

(2) Within a residential zoning district, no Child Day Care Center shall be permitted to be established except in conjunction with a school, church, community center, temple, synagogue or public building.

A. A Child Day Center is not permitted to continue to operate in a location that has been closed or vacated.

B. If a school, church, community center, temple, synagogue or public building closes or becomes vacant, the Permit Holder shall submit a new permit application to re-locate to another school, church, community center, temple, synagogue or public building.

(e) Type A Family Day Care Homes.

(1) An applicant for a permit to operate a Type A Family Day Care Home shall submit the following information to the Zoning Administrator:

A. A license authorizing operation of a Type A Family Day Care Home from the Department of Job and Family Services, State of Ohio.

B. The name(s) of the individual(s) and/or agency responsible for administering day care services.

C. Proof of registration with the City of Trotwood tax department.

D. The proposed hours of operation of the Type A Family Day Care Home.

E. The number of children anticipated to be in average daily attendance at the Type A Family Day Care Home.

F. Evidence that both fire prevention and property maintenance inspections have been made of the structure proposed to contain the day care center, as well as evidence that such building is free of any violations of local and/or State laws or codes.

G. Plans and drawings which show the location and dimensions of the lot, the location and dimensions of any existing or proposed structures on the lot, floor plans, points of ingress and egress, landscaping and/or screening areas, and recreation and open space facilities.

H. Communication plan.

I. Evidence that the Type A Family Day Care Home provider will be the resident occupant of the property proposed to be used as a day care home.

(f) Type B Family Day Care Homes.

(1) An applicant for a permit to operate a Type B Family Day Care Home shall submit the following information to the Zoning Administrator:

A. A license authorizing operation of a Type B Family Day Care Home from the Department of Job and Family Services, State of Ohio.

B. The name(s) of the individual(s) and/or agency responsible for administering day care services.

C. Proof of registration with the City of Trotwood tax department.

D. The proposed hours of operation of the Type B Family Day Care Home.

E. The number of children anticipated to be in average daily attendance at the Type B Family Day Care Home.

H. Evidence that the Type B Family Day Care Home provider will be the resident occupant of the property proposed to be used as a day care home.

(g) Additional Zoning Requirements for Child Day Care Centers and Type A Family Day Care Homes.

(1) All Child Day Care Centers and Type A Family Day Care Homes shall meet the following minimum standards:

A. Side and/or rear yards used for outdoor play space shall contain at least a four foot high fence, or otherwise be protected from traffic or other hazards, and, shall contain not less than 60 square feet of outdoor play space per child in average daily attendance.

B. No Child Day Care Center or Type A Family Day Care Home shall be permitted to be established within 500 feet of another Child Day Care Center or Type A Family Day Care Home.

C. Every permit issued for the establishment of a Child Day Care Centers and Type A Family Day Care Homes shall annually be renewed by the administrator of such facility with the Zoning Administrator and provide all documents.

(Ord. 20-23. Passed 6-5-23.)

1189.23 FOOD TRUCK AND MOBILE VENDORS.

(a) The purpose of this section is to facilitate the ability of Food Truck and Mobile Vendors to operate within the City, in a permitted zoning district, while ensuring the vendor's Use is compatible with surrounding properties; that the vendor's properly licensed motor vehicle fosters an aesthetically appealing streetscape; and that the vendor's enterprise does not create a dangerous traffic condition or pose any threat to the public health, safety, and welfare.

(b) Food Truck and Mobile Vendors shall be required to obtain a Business Registration Certificate issued by the Planning and Development Department prior to operation within the City of Trotwood. The fee for the Business Registration Certificate shall be as stated in the City of Trotwood Table of Fees established by Resolution of Council.

(c) When determining whether Food Truck and Mobile Vendor applications for a Business Registration Certificate shall be granted, the Director of the Planning and Development Department shall consider the applicant's compliance, and willingness to comply, with the following standards and criteria:

(1) Food Truck and Mobile Vendor businesses shall not match or duplicate the primary food or retail offerings sold by a permanent business located on the property.

(2) Food Truck and Mobile Vendors are required to obtain and maintain all applicable federal, state, county, and local licenses and permits and to comply with all federal, state, county, and local laws and regulations. Proof of approved status from the Department of Public Health for Dayton & Montgomery County, or another appropriate Department of Public Health, is required to be included with the application prior to Planning and Development Department application review and the issuance of the Business Regulation Certificate. These requirements are subject to annual review by the City of Trotwood.

(3) Food Truck and Mobile Vendors shall provide proof of permission to operate on the intended site (Agent Form) from the property owner. Food Truck and Mobile Vendors shall operate only at the approved location.

(4) Food Truck and Mobile Vendors shall include in the applications for a Business Regulation Certificate any temporary shelters, such as tents and canopies, which may be utilized by the vendor. Review and approval by Trotwood Fire Department and Montgomery County Building Regulations may be required as a condition of application approval.

(5) Food Truck and Mobile Vendors shall only park on improved surfaces and shall not obstruct traffic movement, impair visibility or safety on the site. Food Truck and Mobile Vendors shall observe all setback requirements and restrictions.

(6) Food Truck and Mobile Vendors shall not occupy more than 10 percent of the required parking for the permitted use of the property upon which the vendor's vehicle is situated.

(7) Food Truck and Mobile Vendors are responsible for the disposal of all waste in accordance with all applicable laws and are not permitted to dispose of trash or waste in public trash receptacles.

(8) Food Truck and Mobile Vendors shall not connect to any source of electricity, water, or sewer. Such connections are prohibited. Food Truck and Mobile Vendors must supply their own self-sufficient source of power, water, and waste disposal.

(9) Food Truck and Mobile Vendors may only operate between the hours of 8:00 a.m. and 10:00 p.m.

(10) Food Truck and Mobile Vendors are not permitted to operate within 50 feet of a residential lot structure.

(11) Business Registration Certificate shall be conspicuously displayed at all times during operation within the City.

(12) Food Truck and Mobile Vendors shall not make use of any sound systems or amplified speaker systems for any reason.

(d) All provisions of Chapter 705 "General License Provisions" of the Codified Ordinances not in conflict with the provisions of this section shall apply.

(Ord. 27-23. Passed 9-5-23.)

1191.01 PURPOSE.

This chapter, governing wireless telecommunication facilities, is established to provide for the construction, erection, maintenance, extension and removal of such facilities. The purpose of this chapter is to balance the competing interests created by the Federal Telecommunications Act of 1996 (Public Law 104-104) and the interests of the City of Trotwood in regulating wireless telecommunication towers and related facilities in order to:

(a) Accommodate the need for wireless telecommunication facilities while regulating the location and number of such facilities within the City;

(b) Minimize adverse visual effects of wireless telecommunication facilities and support structures through proper location, design, screening and camouflaging;

(d) Encourage the joint use of new and existing wireless telecommunication facilities and support structures in order to reduce the number of such structures needed in the future.

(e) Require public properties to be considered first for location of wireless telecommunication facilities in order to provide financial benefit to the public from the construction and use of such facilities.

(Ord. 45-08. Passed 12-15-08.)

1191.02 DEFINITIONS.

(a) “Buffer” means a landscape screen and/or wall that is planted or constructed for the purpose of blocking visual access to the facility from adjacent properties.

(b) “Collocation” means the use of a wireless telecommunication facility by more than one wireless telecommunication provider.

(c) "Lattice tower" means a support structure constructed of vertical metal struts and cross braces forming a triangular or square structure which often tapers from the foundation.

(d) “Monopole” means a structure consisting of a single, self-supporting hollow metal tube securely anchored to a foundation on which wireless telecommunication antenna(e) are mounted.

(e) "Technically suitable" means that the location of a wireless telecommunication antenna or antennae reasonably serves the purpose for which it is intended within the band width of frequencies for which the owner or operator of the antenna or antennae has been licensed by the FCC to operate without a significant loss of communication capability.

(f) “Telecommunications” means the technology which enables information to be exchanged through the transmission of voice, video or data signals by means of electrical or electromagnetic systems. Telecommunication includes, but is not limited to the receiving or transmitting of signals of cellular phones, pagers, personal telecommunication services, or other ground-wired telecommunication systems.

(g) “Wireless Telecommunications Antenna” means the physical device through which electromagnetic, wireless telecommunications signals authorized by the Federal Communications Commission (FCC) are transmitted or received. These may be placed on the monopole or on a structure. Antennae used by amateur radio operators are exempted from this definition.

(h) “Wireless Telecommunications Equipment Shelter” means the structure in which the electronic receiving and relay equipment for a wireless telecommunication facility is housed.

(i) “Wireless Telecommunication Facility” means a facility containing not more than 2,500 square feet of area measured from the buffer perimeter which includes all of the necessary equipment and structures required for receiving wireless telecommunications signals from a mobile communications source and transmitting those signals to a central switching computer which connects a mobile unit with other mobile units or land based telephone lines. The facility includes the wireless telecommunications tower, wireless telecommunications antennae, equipment shelters, any other apparatus associated with the facility, and the buffer surrounding the shelter,

(j) “Wireless Telecommunications Tower” means a monopole structure intended to support equipment used to transmit and/or receive telecommunications signals. This definition also applies to “lattice-type wireless telecommunication towers” constructed before the effective date of this Ordinance.

(Ord. 45-08. Passed 12-15-08.)

1191.03 PERMIT REQUIRED.

A Wireless Telecommunications Facility Permit (Wireless Permit) and a City of Trotwood Zoning Certificate are required prior to construction or installation of a wireless telecommunication facility. A proposed collocation also requires a Wireless Telecommunications Facility Permit and a Zoning Certificate. A site plan shall be submitted as part of the Wireless Permit application and shall include all of the following information:

(a) Existing topography with a maximum of two (2) foot contour intervals.

(b) Proposed finished grade of the development shown by a maximum of two (2) foot contour intervals.

(c) The location of all existing buildings and structures on the property from which the lease parcel is created and the proposed location of the facility and support structures including square footage, dimensions, heights, and gross floor area of buildings or structures.

(d) The location and dimensions of all curb cuts and access drives, drainage plans and illumination of the facility.

(e) The location and dimensions of proposed fences, landscaping and screening.

(f) The location of all existing and proposed public streets and utilities.

(g) Schedule of any phasing of the project including completion date.

(h) A statement concerning any visual or environment mitigation proposed by the applicant.

(i) Distances of the proposed facility from existing buildings or structures within five hundred (500) feet and the distance from the nearest residential zoning district.

(j) A diagram showing all wireless telecommunication facilities that exist or are proposed by the applicant and all other providers and their coverage area within three (3) miles of the proposed wireless telecommunication facility.

(k) Any other information as may be required by the Planning Commission and/or Zoning Administrator to determine conformance with the Trotwood Codified Ordinance and/or to ensure the protection of the public health, safety and welfare of the community. Said request for information shall be provided to the applicant in a timely fashion.

(Ord. 45-08. Passed 12-15-08.)

1191.04 GENERAL AND SPECIFIC STANDARDS.

All wireless telecommunication facilities shall be conditional uses in the General Business (GB), Regional Business (RB), Business Park (BP), Light Industrial (LI) and Agriculture (A) Districts and the Business Planned Unit Development (B-PUD) and Industrial Planned Unit Development (I-PUD) Districts. Wireless telecommunication facilities may be located on any publicly owned land regardless the zoning district in which the land is located, upon approval by the Planning Commission. All applications shall comply with the following minimum standards:

(a) Applicants for construction of a Wireless Telecommunication Facility shall first contact the City of Trotwood Zoning Administrator to discuss siting the facility on publicly owned property. Facilities shall be sited on publicly owned property provided that a technically suitable site is available within the proposed service area and the agency responsible for the publicly owned land agrees to the proposed placement of the Wireless Telecommunication Facility on the publicly owned property in accordance with the requirements of the Trotwood Zoning Ordinance and terms and conditions that are acceptable to both parties.

(b) No wireless telecommunication facility shall be permitted in a residential zoning district except as approved by Planning Commission for facilities constructed under subsection (a) above.

(c) Photo simulations of the proposed wireless telecommunication tower as viewed from adjoining properties and public rights-of-way shall be submitted with the application.

(d) All wireless telecommunication towers shall be set back from property lines a distance of at least the height of the tower or the required setback in the zoning district in which it is located, whichever is greater. Setback of Wireless Telecommunication Facilities from street rights-of-way shall be as approved by Planning Commission. In no event shall a wireless telecommunication tower or facility be located in front of the principal building on the lot, if any.

(e) All wireless telecommunication towers shall be of a monopole design, as opposed to a lattice design.

(f) Only one wireless telecommunication tower shall be located on a lot of record duly recorded with the Montgomery County Recorder's Office.

(g) The maximum height of a free-standing wireless telecommunication tower with its antenna and all appurtenances shall not exceed 200 feet.

(h) All applications for the construction or erection of wireless telecommunication towers shall include plans and designs for structures which will have sufficient structural loading capacity to accommodate at least four antenna platforms or antenna arrays of equal loading capacity for four separate providers of service to be located on the structure when constructed to the maximum allowable height. The wireless telecommunication facility shall also be designed to show that the applicant has enough space on its site for an equipment shelter large enough to accommodate at least four separate users of the facility. If an equipment shelter is initially constructed to accommodate only one user, space shall be reserved on site for equipment shelter expansions and/or equipment shelters to accommodate up to at least four separate users. Agreement to the provisions of this subsection must be included in the applicant's lease with the landowner, if different from the owner/user of the tower. Written documentation must be presented to the Zoning Administrator evidencing that the landowner of the property on which the tower is to be located has agreed to the terms of this subsection. As an additional condition of issuing a zoning permit, the owner/user/applicant shall respond in writing to any inquiries regarding collocation of another user of the facility within thirty days after receipt of a written inquiry. Copies of all written requests to collocate and all written responses shall be sent to the Zoning Administrator.

(i) The applicant requesting permission to install a new tower shall provide evidence there is no technically suitable space for the applicant's antenna or antennae and related facilities reasonably available on an existing tower, building or structure within the geographic area to be served. With the Wireless Permit application:

(1) The applicant shall list the location of every tower, building or structure that could support the proposed antenna or antennae or the area where it would be technically suitable to locate so as to allow it to serve its intended function.

(2) The applicant must demonstrate that a technically suitable location is not reasonably available on an existing tower, building or structure.

(3) If an existing tower, building or structure is technically suitable, the applicant must demonstrate that it has made written request to collocate on the existing tower, building or structure and the request was rejected by the owner of the tower, building or structure.

(4) In all circumstances, owners of existing towers shall promptly respond in writing to requests for collocation, but in no event shall they respond more than thirty days from the date of receipt of a written request for collocation.

(5) If another telecommunication tower is technically suitable, the applicant must further show that it has offered to allow the owner of that other tower to collocate an antenna or antennae on another tower within the City which is owned or controlled by the applicant, if available, on commercially reasonable terms and that the offer was not accepted.

(j) A report shall be prepared and submitted by a qualified and licensed professional engineer and shall provide proof of compliance with all applicable Federal, State, County and City regulations. The report shall include a detailed site plan, a detailed description of the telecommunication tower, the antenna or antennae, equipment shelter and appurtenances, and shall verify that radio frequency (electromagnetic) emissions are in compliance with the regulations of the Federal Communications Commission (FCC).

(k) The applicant shall submit a plan documenting how the wireless telecommunication facility will be maintained on the site in an ongoing manner that meets industry standards.

(l) On each biennial anniversary of the issuance of the building permit for a wireless telecommunication facility, or not more than ninety days prior thereto, the owner/operator shall submit to the City a report prepared by a licensed professional engineer or engineers which shall verify continued compliance of the facility with all governmental requirements, including, but not limited to, the structural integrity and stability of any towers or antennae, electrical safety standards and auxiliary power source safety standards.

(m) Except as required by law, no antenna or tower shall be illuminated and no lighting fixtures or signs shall be attached to the antenna or tower. If lighting is required by Federal Aviation Administration (FAA) regulations, the most visually non- obtrusive state-of-the-art lighting available shall be used, unless otherwise required by the FAA.

(n) A security fence not less than eight (8) feet in height shall fully enclose those portions of the wireless telecommunication facility which come in contact with the ground. Gates shall be locked at all times.

(o) A landscaped buffer area of not less than fifteen (15) feet in depth shall be placed between the wireless telecommunication facilities and the public rights-of-way and any adjacent properties from which a direct view can be had of the facilities, other than the tower itself. The fifteen-foot landscaped buffer shall have a tight screen fence of hardy evergreen shrubbery not less than six feet in height within two (2) years of planting. The landscaping shall be continuously maintained and promptly restored, if necessary.

(p) No advertising sign or signs or devices shall be permitted anywhere on a wireless telecommunication tower or on the site.

(q) A permanent warning sign with a minimum size of two square feet and a maximum size of six square feet shall be posted on the site as well as an emergency telephone number of the owner/operator of each set of antennae on the site. The owner/operator shall also provide the Zoning Administrator, the City Fire Department and the City Police Department with information on whom to contact, an address and a telephone number in the event of an emergency.

(r) There shall be no outdoor storage of equipment or other items on the site except during the facility construction period and to supply emergency power to the facility only during a power outage.

(s) The access driveway to the wireless telecommunication facility shall, whenever feasible, be provided along with circulation driveways of the existing use on the lot, if any. Where use of an existing driveway is not feasible, the driveway to the facility shall be a minimum of eighteen feet in width with a minimum overhead clearance of eleven feet and shall be set back a minimum of twenty feet from the nearest side or rear lot line. This driveway shall meet the load limitations for fire equipment. If the access road to the facility extends more than 1,500 feet from the public right-of-way, a turnaround shall be provided for emergency vehicles at the site and a by-pass, adequate for emergency vehicles, with an approachable access shall be provided for each additional 1,500 feet of the driveway. There shall be a maximum of one off-street parking space on the site.

(t) The wireless telecommunication antennae shall be of a panel design and mounted flush to the tower, building or structure which elevates the antennae, unless the applicant can demonstrate that it is not feasible from an engineering standpoint to use such antennae or to mount them in such a fashion.

(u) After issuance of a building permit to construct a wireless telecommunication facility, the applicant shall commence construction within 180 days and shall complete construction within one year or the building permit shall expire.

(v) The maximum cumulative total size of all equipment shelters accessory to a telecommunication tower or antenna on a lot shall be 600 square feet and their maximum height shall not exceed fifteen feet from building grade. Where it is technically feasible and reasonably practical, an existing building or structure on a lot shall be used to shelter the equipment associated with a wireless telecommunication facility.

(w) All utility lines from the utility source to the wireless telecommunication facility shall be underground.

(x) If at any time the use of the wireless telecommunication facility is discontinued for 180 consecutive days, said facility shall be deemed abandoned. The Zoning Administrator shall notify the applicant in writing and advise such applicant that the facility must be reactivated within ninety days or it must be dismantled and removed from the site within that same ninety-day period at the cost of the owner/operator. The owner/operator of the telecommunication facility shall, on no less than an annual basis from the date of issuance of the building permit, file a declaration with the Zoning Administrator as to the continuing operation of every facility which is subject to this chapter.

(y) The owner/operator of the wireless telecommunication facility shall be required as condition of issuance of a zoning permit to post a cash or surety bond acceptable to the Director of Law of not less than three hundred dollars ($300.00) per vertical foot from natural grade of the wireless telecommunication tower, which bond shall assure the faithful performance of the terms and conditions of this Chapter and conditions of the Wireless Permit issued pursuant to this Chapter, and to insure that an abandoned, obsolete or destroyed wireless telecommunication antenna or tower shall be removed within 180 days of cessation of use and abandonment. Any successor-in-interest or assignee of the owner/operator shall be required to additionally execute such bond, as principal, to insure that the bond will be in place during the period of time that the successor-in-interest or assignee occupies the facility.

(Ord. 45-08. Passed 12-15-08.)

1191.05 EXEMPTIONS.

Ham radio antennae, television antennae, citizen band (CB) antennae, satellite receiving devices used by a single user and which do not exceed fifty (50) feet in height are exempted from this Chapter.

(Ord. 45-08. Passed 12-15-08.)

1191.06 RESERVATION OF AUTHORITY TO INSPECT.

In order to verify that the holder of a Wireless Permit for a wireless telecommunication facility and any and all lessees, renters, and/or licensees of wireless telecommunication facilities place and construct such facilities, including towers and antennae, in accordance with all applicable technical, safety, fire, building and zoning codes, laws, ordinances, and regulations and other applicable requirements, the City may inspect all portions of said permit holder’s, renter’s, lessee’s or licensee’s placement, construction, modification and maintenance of such facilities, including but not limited to towers, antennae and buildings or other structures constructed or located on the permitted site.

(Ord. 45-08. Passed 12-15-08.)

1191.07 LIABILITY INSURANCE.

(a) A holder of a Wireless Telecommunication Permit for a wireless telecommunication facility shall secure and at all times maintain public liability insurance for personal injuries, death and property damage, and umbrella insurance coverage for the duration of the Wireless Permit in amounts as set forth below:

(1) Commercial General Liability covering personal injuries, death and property damage: $1,000,000 per occurrence; $2,000,000 aggregate;

(2) Automobile Coverage: $1,000,000 per occurrence; $2,000,000 aggregate;

(3) Workers Compensation and Disability: Statutory Amounts.

(b) The Commercial General Liability insurance policy shall specifically include the City and its officers, boards, employees, committee members, attorneys, agents and consultants as additional insured.

(c) The insurance policies shall be issued by an agent or representative of an insurance company licensed to do business in the State of Ohio and with a Best’s rating of at least A.

(d) The insurance policies shall contain an endorsement obligating the insurance company to furnish the city with at least 30 days prior written notice in advance of the cancellation of the insurance.

(e) Renewal or replacement policies or certificates shall be delivered to the City at least 15 days before the expiration of the insurance that such policies are to renew or replace.

(f) Before construction of a permitted wireless telecommunication facility is initiated, but in no case later than 15 days after the granting of the Wireless Permit, the holder of a Wireless Telecommunication Permit shall deliver to the City a copy of each of the policies or certificates representing the insurance in the required amounts.

(Ord. 45-08. Passed 12-15-08.)

1191.08 INDEMNIFICATION.

Any application for a wireless telecommunication facility that is proposed for city property pursuant to this Chapter shall contain a provision with respect to indemnification. Such provision shall require the applicant, to the extent permitted by law, to at all times defend, indemnify, protect, save, hold harmless, and exempt the City and its officers, board, employees, committee members, attorneys, agents, and consultants from any and all penalties, damages, costs, or charges arising out of any and all claims, suits, demands, causes of action, or award of damages, whether compensatory or punitive, or expenses arising there from, either at law or in equity, which might arise out of, or are caused by the placement, construction, erection, modification, location, products, performance, use, operation, maintenance, installation, repair, replacement, removal, or restoration of said facility, excepting however, any portion of such claims, suits, demands, causes of action or award of damages that may be attributable to the negligent or intentional acts or omission of the City, or its servants or agents. With respect to the penalties, damages or charges referenced herein, reasonable attorneys’ fees, consultants’ fees, and expert witness fees are included in those costs that are recoverable by the City.

(Ord. 45-08. Passed 12-15-08.)

1199.01 VIOLATION.

Any building that is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained or used or any land that is proposed to be used in violation of this Zoning Ordinance or any amendment or supplement thereto, the City Manager, the City Law Director or the Zoning Administrator or any adjacent or neighboring property owner who would be specifically damaged by such violation may, in addition to other remedies provided by law, institute appropriate action or proceedings to prevent such unlawful location, erection, construction, reconstruction, alteration, conversion, maintenance or use; to restrain, correct or abate such violation to prevent the occupancy of the said building, structure or land or to prevent any illegal act, conduct, business or use in or about, such premises.

(Ord. 1-99. Passed 1-19-99.)

1199.02 NOTICE OF VIOLATION.

The notice of any violation of the Zoning Code shall be as follows:

(a) Whenever the Zoning Administrator determines that there is a violation of any provision of this Zoning Code, a notice of such violation shall be issued. Such notice shall:

(1) Be in writing;

(2) Identify the violation;

(3) Include a statement of the reason or reasons why it is being issued and refer to the section of this Zoning Code being violated; and

(4) Provide a maximum period of time of thirty days within which the violation shall be corrected.

(Ord. 21-03. Passed 11-17-03.)

(b) Service of notice of the violation shall be as follows:

(1) By personal delivery to the person or persons responsible, or by leaving the notice at the usual place of residence of the owner with a person of sixteen (16) years or older; or

(2) By Certified Mail, and first class mail simultaneously, addressed to the person or persons responsible at a last known address. Service shall be deemed complete when the fact of the mailing is entered of record, provided that the First Class mail envelope is not returned by the Postal Authorities with an endorsement showing failure of delivery; or

(3) By posting a copy of the notice form in a conspicuous place on the premises found in violation.

(Ord. 1-99. Passed 1-19-99.)

1199.03 REMEDIES.

The following remedies shall apply to violations of the Zoning Code:

(a) Prohibitions.

(1) No person shall fail or refuse to comply with an order issued by the Zoning Administrator. A separate offense shall be deemed committed each day upon which a violation occurs or continues.

(2) No person shall construct, modify, alter, use or occupy any structure or property in violation of the Trotwood Zoning Code. A separate offense shall be deemed committed each day upon which a violation occurs or continues.

(b) Penalties.

(1) Whosoever violates this Zoning Ordinance is guilty of a minor misdemeanor for each offense.

(2) If within one year of the date of the offense the offender has been convicted of or pleads guilty to another violation of this Zoning Ordinance, the offender is guilty of a misdemeanor of the third degree.

(c) Civil Remedies. The City of Trotwood, the City Manager on behalf of the City of Trotwood or any officer designated by the City Manager on behalf of the City of Trotwood may, in addition to the criminal remedies provided in this Zoning Code, file suit for injunction against any violation of this Zoning Code, or if the violation has caused damages to the City of Trotwood for a judgement for damages and any person, property owner or occupant of property who can show that the person, property owner or occupant of property has suffered harm or whose property has suffered harm as a result of violations of this Zoning Code may file suit for injunction or damages to the fullest extent provided by the law.

(Ord. 1-99. Passed 1-19-99.)

1199.04 FEES.

The fees for all applicant costs incurred in this Chapter shall be established by City Council. Furthermore, no plan shall be accepted for filing and processing, as provided in this chapter, unless and until a filing fee is paid to the City.

The applicant shall be responsible for the expenses incurred by the City in reviewing the plan or any modifications to the plan. Such expenses may include items such as the cost of professional services including expenses and legal fees in connection with reviewing the plan, prepared reports, the publication and mailing of public notice in connection therewith, and any other reasonable expenses directly attributable thereon.

At the time of submitting a site plan to the Planning Commission for consideration, the applicant shall make a deposit in the office of the City clerk in the amount equal to the estimated cost.

(Ord. 1-99. Passed 1-19-99.)

Trotwood City Zoning Code

TITLE NINE

Supplemental Zoning Regulations

APPENDIX B SCHEDULE OF PERMITTED AND CONDITIONAL USES BY DISTRICT

(Ord. 06-25. Passed 5-5-25.)

CODIFIED ORDINANCES OF TROTWOOD

1175.01 PURPOSE.

(Ord. 1-99. Passed 1-19-99.)

1175.02 APPLICABILITY.

When Existing Structure is....	A Substantial Expansion is...
0 - 1,000 Sq. Ft. 1,001 – 10,000 Sq. Ft. 10,001 – 25,000 Sq. Ft. 25,001 – 50,000 Sq. Ft. 50,001 Sq. Ft. and larger	50% or Greater 40% or Greater 30% or Greater 20% or Greater 10% or Greater

(Ord. 1-99. Passed 1-19-99.)

1175.03 GENERAL REQUIREMENT FOR SUBMISSION.

(a) Plans must be at a reasonable scale to indicate all types of proposed landscaping improvements at a minimum of 1" = 20' and shall include the following minimum information:

(1) North arrow and scale.

(2) The name of applicant/owner.

(3) The name, address and phone number of the person or firm responsible for the preparation of the buffering plans.

(4) The dates the plans are submitted or revised.

(6) All existing plant material to be removed or retained.

(7) All existing and proposed streets, sidewalks, curbs and gutters, railroad tracks, drainage ditches and other public or semi-public improvements within and immediately adjacent to the site.

(8) Contour lines shall be shown if the grades are in excess of three percent (3%) slope.

(9) Proposed elevation at sufficient locations and existing elevations of the site to clearly show the drainage patterns.

(10) All property lines and easements.

(d) The plans shall include any proposed irrigation plan which shall include the following:

(1) Location and type of all sprinkler heads.

(2) Size of mainline and irrigation piping.

(3) Location and size of water meter.

(4) Location of backflow prevention device.

(5) Location and size of all valves.

(6) Location of irrigation controller.

(Ord. 45-08. Passed 12-15-08.)

1175.04 APPROVAL.

(a) No site or development plan required under this Zoning Code shall receive final approval unless a landscaping plan has been submitted and approved.

(b) No certificate of zoning compliance shall be issued unless the following criteria are fully satisfied with regard to the approved landscape plan:

(1) Such plan has been fully implemented on the site; or

(Ord. 1-99. Passed 1-19-99.)

1175.05 BUFFERYARD MATERIALS AND STANDARDS.

B. Berms and earthforms shall be designed with physical variations in height and alignment throughout their length.

C. Landscape plant material installed on berms and earthforms shall be arranged in an irregular pattern to accentuate the physical variation and achieve a natural appearance.

D. The landscape plan shall show sufficient detail, including a plan and profile of the berm or earthform, soil types and construction techniques to demonstrate compliance with the above provisions.

E. Berms and earthforms shall be located and designed to minimize the disturbance to existing trees located on the site or adjacent thereto.

F. No part of any berm or earthform which is elevated more than eighteen inches (18") above natural grade shall be located within twenty feet (20') of any right-of-way or property line.

G. Adequate ground cover shall be used and maintained to prevent erosion of the earth mound.

(d) Bufferyard Establishment. Once a bufferyard has been approved by the Planning Commission and established by the owner, it may not be used, disturbed or altered for any purpose.

(Ord. 45-08. Passed 12-15-08.)

1175.06 CONFLICTS IN REQUIREMENTS.

When an activity or land use falls under more than one of the categories listed in the matrix in Section 1175.10, the most stringent of the requirements shall be applied.

(Ord. 1-99. Passed 1-19-99.)

1175.07 EASEMENTS, RIGHT-OF-WAY AND SETBACKS.

Landscaping must also be placed in the required area between the property line and the front, rear and side yard setbacks.

(Ord. 1-99. Passed 1-19-99.)

1175.08 LANDSCAPING FOR OFF-STREET PARKING AREAS.

(a) Interior Landscape Requirements.

(1) Minimum area. The minimum landscape area permitted shall be 64 sq. ft. with a four-foot minimum dimension to all trees from edge of pavement where vehicles overhang.

(b) Minimum Tree Specifications.

(d) Vehicle Overhang. Parked vehicles may not hang over the interior landscaped area. Concrete or other wheel stops shall be provided to ensure no overhang or penetration on the landscaped area.

(e) Grass or ground cover shall be planted on all portions of the easements not occupied by other landscaped material. Such material fulfills required interior or perimeter landscaping.

(f) A system which provides irrigation to all planted materials shall be installed at the time of installing plantings.

(Ord. 45-08. Passed 12-15-08.)

1175.09 LANDSCAPING FOR SERVICE STRUCTURES.

(Ord. 1-99. Passed 1-19-99.)

1175.10 BUFFERYARD REQUIREMENTS.

WHEN...	IS PROPOSED TO ABUT...	A MINIMUM BUFFER OF...	PLANT MATERIAL
Any commercial land use Any office land use	Any R-E, RSF-L, RSF-M, RSF-H, R-TF, RMF-L, RMF-H, O-R or P/OS zone or land use.	15' side and/or rear buffer is required with... 10' side and/or rear buffer is required with...	EITHER: 1 tree (A)1 @ 25'-35' O.C.2 + a double row 6' hedge (E)1 OR 6' wall, fence or earthmound + 3' hedge (D)1 + 1 tree (A)1 @ 25'- 35' O.C.2 OR A double row, staggered planting of trees (C)1 15' O.C.2
Any industrial land use	Any RE, RSF-L, RSF-M, RSF-H, R-TF, RMF-L, RMF-H or O-R, N-B, OT-B, G-B, R-B, B-P, C-R, P/OS or A zone or land use.	20' side and/or rear buffer is required with...	40' wide, 6' tall earthen berm + a double row of staggered trees (C)1 @ 15' O.C.2 STORAGE YARD - 6' fence or wall + hedge (E)1 facing front yard only and/or drive
Any multi-family land use4	Any RE, RSF-L, RSF-M, RSF-H, R-TF or O-R zone or land use.	15' side and/or rear buffer is required with...	EITHER: 1 tree (A)1 @ 25'-35' O.C.2 + a double row 6' hedge (E)1 OR 6' wall, fence or earthmound + a 3' hedge (E)1 OR a double row, staggered planting of trees (C)1 15' O.C.2

WHEN...	IS PROPOSED TO ABUT...	A MINIMUM BUFFER OF...	PLANT MATERIAL
Any institutional land use	Any RSF-L, RSF- M, RSF-H, R-TF, O-R or P/OS or zone or land use.	15' side and/or rear buffer is required with...	EITHER: A staggered double row of evergreens and trees (B and C)1 @ 15' O.C.2 + a single row 6' hedge (E)1 OR a 6' wall or fence + 1 tree (A)1 @ 25'-35' O.C.2
Subdivision lots requiring sidewalks	The public right- of-way (street)	8' between curb & sidewalk or edge of pavement & sidewalk	EITHER: 1 tree (A)1 @ 25'-35' O.C.2 OR 1 tree (B)1 @ 20'-30' O.C.2
Any commercial zone or business zone or land use	The public right- of-way, public or private street	10% of total front yard area must be landscaped with....	Trees, shrubs, planting beds, and/or perennials in a motif designed by the owner. This is in addition to other required landscaping
A Parking Area 3 associated with any zone or land use except single- family residences	Any public or private street	6½' perimeter screening easement with....	EITHER: 1 tree (A)1 @ 25'-35' O.C.2 + shrubs (D or E)1 @ 3' O.C.2 OR 1 tree (B)1 @ 20'-30' O.C.2 + shrubs (D or E)1 @ 3' O.C.2 (1 tree minimum)
Interior Parking Area landscaping		See Section 1175.08 for standards and regulations.	See Section 1175.08 for standards and regulations.
Any new agricultural land use	Any R-E, RSF-H, RSF-M, RSF-L, R-TF, R-FF, RMF-H, RMF-L or O-R zone or residential land use	A single row planting......	Of warm season grasses.

1(A, B, C, D or E) - Means plantings from the list(s) in parentheses following this section.

2 O.C. - Means on center unless otherwise noted.

3 In this situation, the property perimeter screening may also count as Parking Area perimeter screening.

1175.11 PRESERVATION OF EXISTING TREES AND REPLACEMENT OF TREES REMOVED.

(a) From Plant List A, six caliper inches;

(b) From Plant List B, two caliper inches; and

Replacement planting for any trees removed from the site as indicated above should be replaced with a trees no less than 50% of the total caliper inches of trees removed.

(Ord. 1-99. Passed 1-19-99.)

1175.12 MODIFICATIONS.

The Planning Commission may approve modifications to the bufferyard requirements. The Commission shall base its decision on ALL of the following criteria:

(a) The specific conditions which are unique to the applicant's land.

(c) The unique conditions and circumstances are not the result of actions of the applicant subsequent to the adoption of this Chapter.

(d) Reasons that the modification shall preserve, not harm, the public safety and welfare, and shall not alter the essential character of the neighborhood.

(e) A demonstration that the applicant has provided for a buffer that achieves the spirit of this Chapter.

(Ord. 1-99. Passed 1-19-99.)

1175.13 PLANT LISTS.

The following list of plants shall be used for the matrix in Section 1175.10.

PLANT LIST A

SHADE TREES

LARGE TREES

Common Plant Names Plant Botanical Name Specie Cultivars	European Beech Fagus sylvatica	Norway Maple Acer platanoides Columnaire Crimson King Summershade
Common Plant Names Plant Botanical Name Specie Cultivars	Ginkgo Ginkgo biloba (male only) Autumn Gold Fastigiata Sentry	Pin Oak Quercus Palustris Sovereign Crown Rite
Common Plant Names Plant Botanical Name Specie Cultivars	Red Maple Acer rubrum Autumn Flame October Glory Red Sunset	Scarlet Oak Quercus coccinea
Common Plant Names Plant Botanical Name Specie Cultivars	Red Oak Quercus rubra	London Plane Tree (Sycamore) Plantanus x acerifolia
Common Plant Names Plant Botanical Name Specie Cultivars	Tulip Poplar Liriodendron tulipifera	Sugar Maple Acer saccharum
Common Plant Names Plant Botanical Name Specie Cultivars	Sweetgum Liquidambar styraciflua	Willow Oak Quercus phellos
Common Plant Names Plant Botanical Name Specie Cultivars	Elm Ulmus parvifolia Lace Bark Elm	Shumardi Oak Quercus shumardii
Common Plant Names Plant Botanical Name Specie Cultivars	Shingle Oak Quercus imbricaria

MEDIUM TREES

Common Plant Names Plant Botanical Name Specie Cultivars	Callery Pear Pyrus calleryana Aristocrat Chancellor	Littleleaf Linden Tilia cordata Chancellor Greenspire June Bride
Common Plant Names Plant Botanical Name Specie Cultivars	Japanese Pagoda Tree Sophora japonica Regent	Japanese Zelkova Zelkova serrata
Common Plant Names Plant Botanical Name Specie Cultivars	Thornless Honey Locust Gleditsia triacanthos Moraine Shademaster Skyline Imperial	Yellowwood Cladrastis lutea
Common Plant Names Plant Botanical Name Specie Cultivars	Amur Cork Phellondendron amurense	River Burch Betula nigra
Common Plant Names Plant Botanical Name Specie Cultivars	Katsura Tree Cercidiphyllum japonicum

SMALL TREES

Common Plant Names Plant Botanical Name Specie Cultivars	Sourwood Oxydendron arboreum	Hedge Maple Acer campestre Queen Elizabeth
Common Plant Names Plant Botanical Name Specie Cultivars	Amur Maple Acer ginnala Flame	Paperbark Maple Acer griseum
Common Plant Names Plant Botanical Name Specie Cultivars	European Hornbeam Carpinus betulus Upright	Hornbeam Ostrya virginiana

PLANT LIST B

FLOWERING TREES

These trees are hardy in zones 5 - 6, are deciduous and reach a mature height not exceeding 30 feet.

Common Plant Names Plant Botanical Name Specie Cultivars	Callery Pear Pyrus calleryana Aristocrat Chancellor	Downy Serviceberry Amelanchier canadensis
Common Plant Names Plant Botanical Name Specie Cultivars	Crabapple Malus varieties Bob White Sargeant Snowdrift White Angel	Allegheny Serviceberry Amelanchier laevis Robin Hill
Common Plant Names Plant Botanical Name Specie Cultivars	Eastern Redbud Cercis canadensis Flame Forest Pansey Royal	Sweetbay Magnolia Magnolia virginiana
Common Plant Names Plant Botanical Name Specie Cultivars	Dogwood Cornus florida Cornus kousa Cornus mas	Lilac Syringa reticulata Japanese Silk Lilac Ivory Silk Lilac
Common Plant Names Plant Botanical Name Specie Cultivars	Golden Raintree Koelreutaria paniculata	Witch Hazel Hamamelis virginiana
Common Plant Names Plant Botanical Name Specie Cultivars	Green Hawthorne Crataegus virdis Winter King	Saucer Magnolia Magnolia soulangiana
Common Plant Names Plant Botanical Name Specie Cultivars	Sargent Cherry Prunis sargentii Columnari Kwanzan	Star Magnolia Magnolis stellata

PLANT LIST C

EVERGREEN TREES

These trees that are hardy in zones 5 - 6, are evergreen, can reach a mature height over 30 feet and if not limbed-up, can create a screen from the ground level up.

Common Plant Names Plant Botanical Name Specie Cultivars	American Holly llex opaca Xanthocarpa
Common Plant Names Plant Botanical Name Specie Cultivars	Austrian Pine Pinus nigra
Common Plant Names Plant Botanical Name Specie Cultivars	Canadian Hemlock Tsuga canadensis
Common Plant Names Plant Botanical Name Specie Cultivars	Carolina Hemlock Tsuga caroliniana
Common Plant Names Plant Botanical Name Specie Cultivars	Eastern Red Cedar Juniperus virginiana
Common Plant Names Plant Botanical Name Specie Cultivars	Colorado Blue Spruce Picea pungens Glanca
Common Plant Names Plant Botanical Name Specie Cultivars	Norway Spruce Picea abies
Common Plant Names Plant Botanical Name Specie Cultivars	Scotch Pine Pinus sylvestris
Common Plant Names Plant Botanical Name Specie Cultivars	Southern Magnolia Magnolia grandiflora
Common Plant Names Plant Botanical Name Specie Cultivars	White Fir Abies concolor
Common Plant Names Plant Botanical Name Specie Cultivars	White Pine Pinus strobus

PLANT LIST D

DECIDUOUS SHRUBS

These perrenial woody plants grow at least 3 feet in height, are tolerant in zones 5 - 6 and are deciduous.

Common Plant Names Plant Botanical Name Specie Cultivars	Burning Bush Euonymus alatus Compactus
Common Plant Names Plant Botanical Name Specie Cultivars	Doublefile Viburnum Viburnum plicatum tomentosum
Common Plant Names Plant Botanical Name Specie Cultivars	Forsythia Species
Common Plant Names Plant Botanical Name Specie Cultivars	Glossy Abelia Abelia grandiflora
Common Plant Names Plant Botanical Name Specie Cultivars	Quince Chaenomeles speciosa
Common Plant Names Plant Botanical Name Specie Cultivars	Shrub Cinquefoil Potentilla fruticosa
Common Plant Names Plant Botanical Name Specie Cultivars	Spirea Species
Common Plant Names Plant Botanical Name Specie Cultivars	Spreading Cotoneaster Cotoneaster divaricata
Common Plant Names Plant Botanical Name Specie Cultivars	Winterberry Barberry Berberis julianne

PLANT LIST E

EVERGREEN SHRUBS

These perrenial woody plants grow at least 3 feet in height, are tolerant in zones 5 -6 and are evergreen.

Common Plant Names Plant Botanical Name Specie Cultivars	Anglojap Yew Taxus x media Brownii Densiformis Hicksii Wardii
Common Plant Names Plant Botanical Name Specie Cultivars	Blue Holly llex x meserveae Blue Angel Blue Prince Blue Princess
Common Plant Names Plant Botanical Name Specie Cultivars	Chinese Juniper Juniperis chinensis Hetzil Keteleeri Mint Julip Robusia Green
Common Plant Names Plant Botanical Name Specie Cultivars	Japanese Holly llex crenata Microphylla Rotundifolia
Common Plant Names Plant Botanical Name Specie Cultivars	Japanese Yew Taxus cuspidata Capitata Intermedia Nana
Common Plant Names Plant Botanical Name Specie Cultivars	Korean Boxwood Buxus microphylla koreana
Common Plant Names Plant Botanical Name Specie Cultivars	Leatherleaf Viburnum Viburnum rhytidophyllum
Common Plant Names Plant Botanical Name Specie Cultivars	Mugho Pine Pinus mugho
Common Plant Names Plant Botanical Name Specie Cultivars	Spreading Yew Taxus x media

1175.14 MONARCH TREE PROTECTION.

(b) Removal of Monarch Trees Prohibited.

(1) A survey of Monarch Trees, if any; and

(2) Specifications for protection of Monarch Trees or other trees to be maintained during development.

(d) Exceptions/Appeals.

(3) Any decision of the Zoning Administrator relative to the administration of the requirements of this section may be appealed to the Trotwood Tree Preservation Board.

(4) Commercial Timber Operations - Trees grown specifically for sale or harvest by commercial nurseries are exempt from the provisions of this section.

(h) Encroachment.

(i) Trenching. The installation of utilities through a protective zone should occur by way of tunneling rather than trenching. If roots must be cut, proper root pruning procedures must be employed.

(j) Remedial Procedures/Pruning.

(1) Pruning.

(3) Soil.

A. A tree’s ability for adequate root development, and ultimately its chances for survival, are improved with reclamation of the growing site.

1. Conservation of soil moisture.

2. Reduced rainfall runoff and erosion.

3. Reduced soil compaction from construction activities.

4. Reduced competition from grasses and weeds.

5. Increased soil fertility.

6. Improved soil structure.

7. Moderation of soil temperature, with a subsequent increase in root development activity.

(k) Tree Removal, Relocation and Replacement.

(2) Relocation of a Monarch Tree. Relocation is accomplished by relocating the protected tree on land under the same ownership which is to be developed pursuant to the same development order.

(3) Replanting schedule standards.

A. To prevent a monoculture among plantings, the City shall require diversity in the plantings required.

B. Required number of tree types:

1. Five (5) to ten (10) trees. Minimum two (2) types of trees to be planted.

2. Ten (10) to twenty (20) trees. Minimum four (4) types of trees to be planted.

3. Twenty (20) to one hundred (100) trees. Minimum five (5) types of trees to be planted.

4. Greater than one hundred (100) trees. Minimum of seven (7) types of trees to be planted.

6. At least one (1) of the replacement trees shall be of the same species as the removed Monarch Tree.

7. If any of the replacement trees are damaged or diseased during the first two (2) years after planting, they shall be replaced.

(Ord. 45-08. Passed 12-15-08.)

1181.01 PURPOSE.

(Ord, 1-99. Passed 1-19-99.)

1181.02 GENERAL REQUIREMENTS.

(Ord, 1-99. Passed 1-19-99.)

1181.03 OFF-STREET PARKING AND DESIGN STANDARDS.

All off-street parking facilities including entrances, exits, circulation areas and parking spaces shall be in accordance with the following standards and specifications:

(1) For single family detached dwellings or two family dwellings, the access drive shall be a minimum of ten (10) feet in width.

(2) For all other uses, the access drive shall be a minimum of twenty (20) feet in width.

(j) Maintenance. Any owner of property used for off-street parking areas shall maintain such areas in good condition without holes and free from all dust, trash, weeds and other debris.

(l) Lighting. Any lights used to illuminate a parking area shall be shielded and so arranged as to direct the light away from the adjacent properties and right-of-way.

(1) In any “A”, “R” or “O-R” District, off- street parking shall not be located in a required front yard, except on a driveway, or in an area approved by the Planning Commission.

(Ord. 60-01. Passed 12-17-01.)

1181.04 DETERMINATION OF REQUIRED SPACES.

In computing the number of parking spaces required by this ordinance, the following shall apply:

(Ord. 1-99. Passed 1-19-99.)

1181.05 PARKING SPACE REQUIREMENTS.

For the purpose of this Zoning Code, the following parking space requirements shall apply:

Adult Entertainment

1 space per 100 square feet of floor area

Amusement Park

1 space per 2,000 square feet of land occupied by amusement and related activities

Automotive Service Station

1 space per fuel pump + 2 spaces per service bay

Automotive Repair Station

2 per service bay

Automotive Rental/Lease

1 per 2,000 square feet of vehicle display area

Automotive Sales

1 per 2,000 square feet of vehicle sales area

Barber or beauty shop

3 spaces per barber or beauty chair and wash/dry station

Bed and Breakfast

1 space per guest room +2 spaces for the permanent residents

Boarding house

1 space per sleeping room, + 1 space per employee.

Car Wash

3 vehicle stacking spaces per bay

Club

1 space per 50 square feet of floor area

Commercial Recreation

1 space per 50 square feet of floor area devoted to public assembly

Contractor Yard

1 space per 1,000 square feet of floor area + 1 space per company vehicle

Convention Center	1 space per 3 seats + 1 space per 250 square feet of area devoted to public assembly
Convenience Retail	1 space per 250 square feet of floor area
Corporate Training Facility	1 space per 2 seats, or per 50 square feet of public assembly area, whichever is greater
Day Care Center	1 space per 2 children + 1 space per employee
Day Care Group Home	4 spaces + 1 space per employee
Day Care Home	3 spaces + 2 parking spaces for residents
Distribution Facility	1 space per 1,000 square feet of floor area
Dwelling, Multi-Family	1.5 spaces per dwelling unit + 1 space per 20 dwelling units
Dwelling, Single-Family	2 spaces per dwelling unit
Dwelling, Two-Family	2 spaces per dwelling unit
Educational Institution	2 spaces per classroom + 1 space per 4 auditorium seats
Financial Institution	1 space per 200 square feet of floor area + five stacking spaces per drive-through service aisle
Funeral Home	1 space per 30 square feet of floor area + 1 space per company vehicle
Furniture/Appliance Store	1 space per 800 square feet of floor area, + 1 space per employee.
Hospital	1 space per 2 beds + 1 per every 2 employees on the largest shift