CODIFIED ORDINANCES OF TROTWOOD PART ELEVEN - PLANNING AND ZONING CODE

Transcription

1 CODIFIED ORDINANCES OF TROTWOOD PART ELEVEN - PLANNING AND ZONING CODE TITLE ONE - Planning Chap Adopted Plans and Development Fees. Chap Urban Renewal. TITLE THREE - Subdivision Regulations Chap General Provisions. Chap Administration and Enforcement. Chap Procedure for Plat Approval. Chap Design Standards. Chap Improvement Requirements. TITLE FIVE - Zoning Administration Chap Purpose and Intent. Chap Definitions. Chap Administration and Enforcement. Chap Appeals. Chap Variances. Chap Nonconforming Uses. Chap Conditional Uses. Chap Similar Uses. TITLE SEVEN - Zoning Districts and Regulations Chap Districts Established; Zoning Map. Chap Planned Unit Development (PUD). Chap RSF-L Residential Single Family-Low Density. Chap RSF-M Residential Single Family-Medium Density. Chap RSF-H Residential Single Family-High Density. Chap R-TF Residential-Two Family. Chap R-FF Residential Four Family. Chap RMF-L Residential Multi-Family-Low Density. Chap RMF-H Residential Multi-Family-High Density. Chap O-R Office Residential. Chap N-B Neighborhood Business. Chap OT-B Olde Town Business. Chap G-B General Business. Chap R-B Regional Business. Chap B-P Business Park. Chap C-R Commercial Recreation. Chap L-I Light Industrial. Chap A Agricultural. Chap RE-Rural Estate District.

2 2 TITLE NINE - Supplemental Zoning Regulations Chap Landscaping and Tree Preservation. Chap Off-Street Parking and Loading. Chap Signs. Chap Supplemental Regulations. Chap Wireless Communication Facilities. Chap Violation, Remedies and Fees.

3 3 CODIFIED ORDINANCES OF TROTWOOD PART ELEVEN - PLANNING AND ZONING CODE TITLE ONE - Planning Chap Adopted Plans and Development Fees. Chap Urban Renewal. CHAPTER 1103 Adopted Plans and Development Fees Thoroughfare Plan Olde Town Area Plan Main Street/Olive Road Development fees. Corridor Study Comprehensive Community Development Plan. CROSS REFERENCES Powers and duties of Planning Commission - see CHTR. 7.5 Planning generally - see Ohio R.C. Chapters 711, THOROUGHFARE PLAN. The Trotwood Thoroughfare Plan attached to Ordinance is hereby adopted and incorporated by reference herein as fully as if specifically set forth in Exhibit A. Such Trotwood Thoroughfare Plan is hereby designated and adopted as the Trotwood Thoroughfare Plan pursuant to Ohio R.C and Section of the Trotwood Subdivision Regulations. (Ord Passed ) MAIN STREET/OLIVE ROAD CORRIDOR STUDY. The Main Street/Olive Road Corridor Study attached to Ordinance 9-92 is hereby adopted and incorporated by reference herein as fully as if specifically set forth in Exhibit A. (Ord Passed )

4 PLANNING AND ZONING CODE OLDE TOWN AREA PLAN. The Olde Town Area and Designing Guidelines attached to Ordinance is hereby adopted and incorporated by reference herein as fully as if specifically set forth in Exhibit A. (Ord Passed ) DEVELOPMENT FEES. The following fee schedule, determined to be reasonable and necessary, shall hereinafter govern the cost of filing required applications and issuing required permits: (a) Zoning Map amendment $ (b) Zoning text amendment (c) Conditional use permit (d) Variance (e) Determination (f) Appeals (g) Final subdivision plan (record plan) acre + 2% of the cost of the public infrastructure improvements as established by the City Engineer. (h) Approval without plan (lot splits, 5 or less lots) (i) Preliminary planned unit development (PUD) + engineering review and inspection costs (j) Final planned unit development (PUD) + engineering review and inspection costs (k) Revision to preliminary or final PUD + engineering review and inspection costs (l) Zoning permit: No building shall be constructed or altered before first obtaining a zoning permit from the City. (1) Commercial $ (2) Industrial (3) Residential (m) Before any existing commercial, industrial or multi-family residential building is occupied, a certificate of zoning compliance must first be obtained from the City. (1) Commercial $ (2) Industrial (3) Multi-family residential (n) Miscellaneous permits: (1) Fence $ (2) Garage sale 2.00 (3) Home occupation (4) Seasonal, temporary sale (5) Shed (6) Sign posting a refundable bond of $ for issuance of a temporary sign permit (7) Swimming pool 20.00

5 5 Adopted Plans and Development Fees (o) (p) (8) Carnivals $ (9) Cell towers (includes antennae co-location) (10) Pruning permit Miscellaneous fees: (1) Construction specifications $ Cost of and bid documents reproduction (2) Main Street/Olive Road Corridor Study (3) Olde Town Area Plan and Design Guidelines (4) Property Maintenance Code (5) Subdivision Regulations (6) Zoning Map (18" x 24") 5.00 (7) Zoning Map (36" x 42") 5.00 (8) Zoning Ordinance Parkland dedication. In any residential subdivision where the dedication of land for park purposes is deemed by the Planning Commission not to be in the best interests of the general public, the Commission shall require as a condition of approval, fees to be paid in accordance with the following schedule: (1) $ for each dwelling unit containing one bedroom; (2) $ for each dwelling unit containing two bedrooms; (3) $ for each dwelling unit containing three bedrooms; (4) $ for each dwelling unit containing four bedrooms; (5) $ for each dwelling unit containing five bedrooms. (Ord Passed ) COMPREHENSIVE COMMUNITY DEVELOPMENT PLAN. The Comprehensive Community Development Plan For the City of Trotwood (also known as the 1999 Comprehensive Plan Update) as set forth in Exhibit A, attached to Ordinance 3-99, and incorporated by reference herein as a part hereof is hereby approved, adopted and enacted as the Comprehensive Community Development Plan for the City of Trotwood (the 1999 Comprehensive Plan Update). (Ord Passed )

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7 6A CHAPTER 1105 Urban Renewal Necessity of urban renewal Definitions Designation of City Manager to supervise urban renewal activities Preparation of urban renewal studies and plans Contents of urban renewal plan and relocation plan Action by Planning Commission Public hearing and Council action Federal contracts Modification of urban renewal plan Execution of urban renewal projects Finance Anti-discrimination provisions Tax exemption Separability; chapter controlling NECESSITY OF URBAN RENEWAL. It is hereby found and determined that there exist within the City slum, blighted, deteriorated and deteriorating areas of the nature defined in this chapter which constitute a serious and growing menace injurious and inimicable to the public health, safety, morals and general welfare of the residents thereof; that the existence of such areas: (a) Substantially impairs and arrests the sound growth of the community; retards the provision of housing accommodations, aggravates traffic problems, and substantially impairs or arrests the elimination of traffic hazards and the improvement of traffic facilities; and that this menace is beyond remedy and control solely by regulatory processes and exercise of the police power, and cannot be dealt with effectively by the ordinary operation of private enterprise without the aids herein provided; that the elimination in whole or in part of slum, blighted, deteriorated and deteriorating areas, and the conservation, rehabilitation and reconditioning, to the extent feasible, of the salvageable portions thereof by urban renewal as defined herein, are public uses and purposes for which public money may be expended and private property acquired by purchase, by donation and by eminent domain and are governmental functions of concern to the City, and require the exercise of the powers of government granted to the City by the provisions of Article XVIII of the Ohio Constitution and that the necessity in the public interest and general welfare, for the provisions of this chapter is hereby declared as a matter of legislative determination.

8 PLANNING AND ZONING CODE 6B (b) (c) Constitutes an economic and social liability; and Substantially increases the risk of the spread of disease, economic decay and crime; and of losses by fire and accident, necessitating excessive and disproportionate expenditures of public funds for the preservation of the public health and safety, for crime prevention, correction, prosecution and punishment, for the treatment of juvenile delinquency, for the maintenance of adequate police, fire and accident protection and for other public services and facilities. (Ord Passed ) DEFINITIONS. For the purpose of this chapter, the following terms shall have the meaning ascribed to them in this section unless a different meaning is clearly indicated in the context: (a) Agency, or Urban Renewal Agency or Local Public Agency means the City of Trotwood, Ohio. (Ord Passed ) (b) Slum area means an area within the corporate limits of the City, in which area there is a predominance of buildings or improvements whether residential or nonresidential, which by reason of dilapidation, deterioration, age, or obsolescence, substantial vacancy of existing structures, inadequate provision for ventilation, light, air, sanitation or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property, by fire and other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency or crime and is detrimental to the public health, safety, morals or welfare. (c) Blighted or deteriorating area means an area within the corporate limits of the City, which by reason of a presence of a substantial number of deteriorated or deteriorating structures, predominance of defective or inadequate street layout, faulty lot layout in a relation to size, adequacy, accessibility, or usefulness, unsanitary or unsafe conditions, deterioration of site or other improvements, high vacancy and/or turnover, diversity of ownership, tax or special easement delinquency exceeding the fair market value of the land, defective or unusual conditions of title, or the existence of conditions which endanger life or property by fire and other causes or any combination of such factors, substantially impairs or arrests the sound growth of a municipal corporation, retards that provision of housing accommodations, or constitutes an economic or social liability and is a menace to the public health, safety, morals or welfare in its present condition and use. (Ord Passed ) (d) Project area or urban renewal area means a slum, blighted, deteriorated or deteriorating area or any combination or part thereof which Council designates as of a character and size appropriate for urban renewal activities and for which an Urban Renewal Plan is proposed or prepared. (e) Urban renewal or urban renewal activities means the activities of the City, with or without Federal or State aid or assistance, for developing, undertaking and carrying out urban renewal programs and projects, including all planning and other related activities of the City in connection therewith, or any part of such activities.

9 6C Urban Renewal (f) (g) (h) (i) Open space land means land which has not been developed by the construction or installation of streets, utilities, buildings (except sporadic or incidental structures) or other site improvements. Whether or not such an area has been platted in whole or in part does not prevent its classification as open space land. Redeveloper means any person, or entity: (1) Purchasing property from the City within an urban renewal area, or (2) Owning property located within such area, and, entering into a conforming agreement with the City in consideration of being permitted by the City to retain title to such property. Urban renewal plan means a plan, as it exists from time to time, for the urban renewal of a project area or part thereof. Urban renewal project or project means undertakings and activities of the City of Trotwood, with or without Federal or State aid or assistance, in an urban renewal area for the elimination and for the prevention of the development or spread of blight, and may involve clearance and redevelopment in an urban renewal area, or rehabilitation and conservation in an urban renewal area, or any combination or part thereof, in accordance with such urban renewal plan to the full extent of and in accordance with the rights, powers and authority of the City, whether derived from the applicable provisions of the Federal or State constitution or statutes, or the City ordinances. Such undertakings and activities may include: (1) Acquisition of realty in an urban renewal area. (2) Demolition and removal of buildings and improvements in such area. (3) Installation, construction or reconstruction of streets, utilities, parks, playgrounds and other improvements necessary for carrying out the urban renewal plan. (4) Disposition of any property acquired in the urban renewal area for uses consonant with the urban renewal plan. (5) Encouraging and assisting interested citizens in a private program of voluntary repair and rehabilitation of buildings or other improvements in accordance with the urban renewal plan, with or without aid and assistance by Federal Housing Administration mortgage insurance or special support for mortgage financing through the Federal National Mortgage Association or similar organizations. (6) Acquisition of any real property in the urban renewal area where necessary to eliminate unhealthful, unsanitary or unsafe conditions, lessen such lot occupancy or population density as create such conditions, eliminate uses incompatible with the general character of a neighborhood and which are detrimental to the public welfare, or otherwise to remove or prevent the spread of blight or deterioration, or to provide land for needed public facilities; and disposition of property, so acquired in accordance with this subsection (i)(6), for voluntary repair and rehabilitation of buildings or other improvements in accordance with the urban renewal plan. (7) Purchase, repair and rehabilitation for use or resale of buildings which are located in the urban renewal area and which, under the urban renewal plan, are to be repaired or rehabilitated for dwelling use or related facilities.

10 PLANNING AND ZONING CODE 6D (j) (k) (l) General plan or master plan generally means a broad and general guide and pattern for the future growth and development of the City including maps, plats, charts, and descriptive, interpretive and analytical narratives as may have been adopted by the City. Slum clearance or redevelopment may include those undertakings and activities identified in subsection (i)(l), (2), (3) and (4). Rehabilitation, conservation or reconditioning may include those undertakings and activities identified in subsection (l)(3), (4), (5), (6) and (7). (Ord Passed ) DESIGNATION OF CITY MANAGER TO SUPERVISE URBAN RENEWAL ACTIVITIES. The City Manager of the City is hereby charged with the responsibility of supervising the urban renewal activities of this City, coordinating the activities of the several officers, employees, commissions and boards concerned with such projects and executing on behalf of the City, as its authorized representative, all applications to the Federal government for grants, loans and advances. (Ord Passed ) PREPARATION OF URBAN RENEWAL STUDIES AND PLANS. (a) When authorized by ordinance of this Council, including the appropriation of funds, if necessary, the City Manager may enter into such contracts on behalf of the City with engineers, architects, lawyers, planners and other professional service providers as may be necessary to provide the necessary inspections, studies, plans, surveys and reports in connection with the urban renewal or redevelopment activities to be undertaken in areas designated by Council. The Planning Commission may itself conduct such inspections, studies, plans, surveys and reports. (b) When studies, plans or surveys pursuant to subsection (a) hereof, have been prepared, they shall be submitted to Council and filed as provided from time to time. (Ord Passed ) CONTENTS OF URBAN RENEWAL PLAN AND RELOCATION PLAN. (a) Any urban renewal plan hereafter prepared shall be prepared in such detail as to clearly set forth sufficient information to permit the Planning Commission to exercise its recommendation of approval or disapproval, and in any event shall include, but not be limited to, the following: (1) A description of the boundaries of the project area; (2) A land-use plan showing the location, character and extent of public and private land ownership, utilities, use and occupancy proposed within the area and showing proposed changes, if any, in the building, housing or zoning ordinances or maps and street layout, levels or grades; (3) A statement showing the standards of population densities, land coverage and building intensities in the area, after the redevelopment, if the proposed uses are residential; (4) A delineation of areas of land acquisition, demolition and removal of structures, conservation or reconditioning of existing structures, if any, as may be proposed to be carried out in the project area;

11 6E Urban Renewal (5) A statement of the relationship of the plan to definite objectives of the City respecting appropriate land uses, improved traffic conditions and transportation, public utilities, recreation and community facilities and other public improvements; (6) A statement indicating the controls, use and development restrictions to be placed on property in the project area to prevent a recurrence of slum or blighted conditions; (7) A financial plan indicating the resources for the public costs of the project. (b) A relocation plan shall indicate a feasible method for the relocation of families displaced from the project area. (Ord Passed ) ACTION BY PLANNING COMMISSION. (a) When an urban renewal plan is filed with Council, Council shall refer such plan or plans to the Planning Commission of the City for its review and recommendations by causing a copy of such plan or plans to be delivered to the person charged with the preparation and custody of the record of proceedings of the Planning Commission. (b) The Planning Commission shall submit in writing to Council its approval of or recommendations concerning such plan or plans. The approval of the Commission shall also constitute its approval of those matters placed under its jurisdiction by Ohio R.C , or the Charter and ordinances of the City of Trotwood except as the recommendations of the Planning Commission may include a disapproval pursuant to such laws. Except as recommendations or disapprovals are received from the Planning Commission within thirty-one days after its receipt of such plan or plans, the plan or plans shall be conclusively presumed to have been approved by the Planning Commission. (Ord Passed ) PUBLIC HEARING AND COUNCIL ACTION. (a) Council shall either approve or reject the urban renewal plan or make modifications in accordance with the recommendations of the City Planning Commission. The legislative approval by Council of the general neighborhood renewal plan should contain a finding that it conforms to the general plan of the City and such findings as may be necessary or desirable, but need not contain the other findings set forth in subsection (c) hereof for urban renewal plans and such other findings as may be necessary or desirable. Such approval may be made before or at the same time as the approval of an urban renewal plan for a project within the general neighborhood renewal plan. Before approving or modifying an urban renewal plan, Council shall hold a public hearing at which an opportunity shall be provided to all persons interested to be heard, either in person or by counsel, which hearing may be adjourned from time to time. Notice of the date, time and place of such hearing shall be published in a newspaper of general circulation in the City once a week for two consecutive weeks, and at least fifteen full days shall elapse between the second publication and the date set for the public hearing. In addition, notice shall be sent thirty days before the hearing by ordinary first-class mail to the owners shown on the records of the Auditor of Montgomery County, Ohio for each parcel within the urban renewal district and by first-class mail to any occupant listed in the Williams Directory for any address contained in the urban renewal district. Such notices shall also contain a description of each project area by its location in relation to highways, streets, watercourses or other natural or artificial boundaries, and shall also designate the place at which the Plan, together with maps, plats or other materials describing the project area are and will be available for public inspection.

12 PLANNING AND ZONING CODE 6F (b) If as a result of the public hearing, Council desires to modify the urban renewal plan other than in accordance with such plan approved by or in accordance with the recommendations of the City Planning Commission, the modified urban renewal plan shall be resubmitted to the Planning Commission for its written approval or recommendations within thirtyone days with the presumption of approval thereafter, all in accordance with Section (c) If Council wishes to approve an urban renewal plan, it shall do so by an ordinance passed by majority vote in the manner prescribed by the City s Charter and the applicable laws of the State of Ohio, provided, however, that such plan or plans, as submitted with such ordinance have not been approved by the Planning Commission, or if there were any partial disapprovals by or adverse recommendations of the Planning Commission, not accepted by Council by its modifications of the Planning Commission therewith, then an affirmative vote of two-thirds of the members of Council shall be required to pass such ordinance. The ordinance of Council approving the plan shall be accompanied by, or incorporated by reference, documents submitted to Council to support findings made therein and the ordinance shall include the following findings: (1) Specific findings of fact as to the character of the project area and that such area is a slum, blighted area, deteriorated or deteriorating area; (2) That the size of the area and the location of elements of blight and deterioration in the area make it suitable for urban renewal activities; (3) That there is a feasible method for the temporary relocation of the families displaced from the project area and that there or are being provided in the project area, or in other areas not generally less desirable in regard to public utilities and public and commercial facilities at rents and prices within the financial means of the families displaced from the project area, or in other areas not generally less desirable in regard to public utilities and public and commercial facilities at rents and prices within the financial means of the families displaced from the project area, decent, safe and sanitary dwellings equal in number to the number of and available to such displaced families; and reasonably accessible to their places of employment; (4) (This finding is made only if Federal aid is needed.) That financial aid to be provided by the Federal government under its contract is necessary to enable the project to be undertaken in accordance with the plan; (5) That the plan for the project area will afford maximum opportunity consistent with the sound needs of the locality as a whole for the rehabilitation or redevelopment of the project area by private enterprise; (6) That the plan is feasible and conforms to the existing general or master plan for the overall development of the City as prepared by the Planning Commission; (7) That the plan gives due consideration to the provision of adequate park and recreational areas and facilities, as may be desirable for neighborhood improvement with special consideration for the health, safety and welfare of children residing in the general vicinity of the site covered by the plan; (8) (This finding is to be made only if the project area is not predominantly residential in character and is not to be redeveloped for predominantly residential uses.) That the redevelopment of the project area for predominantly nonresidential uses is necessary for the proper development of the community;

13 6G Urban Renewal (9) That the urban renewal plan will afford maximum opportunity consistent with the sound need of the community as a whole for the redevelopment of the project area by private enterprise. (10) (This finding is to be made only where an open-space land program is involved.) That the land and the interests in land to be acquired are for the purpose of preserving such area as open space land and are necessary to orderly long-range development, to curb urban sprawl and the spread of urban blight and deterioration, to encourage more economical and desirable urban development and to provide areas for parks, playgrounds, parkways, conservation areas, watersheds, and to preserve natural resources, and that the area so to be acquired is of a size and character appropriate for such purposes. (11) (This finding is to be made only where an educational institution or a hospital is located in or near the project area and it is desired to utilize Section 112 of the Housing Act of 1949; as amended.) That, in addition to the elimination of slums and blight from such area, the undertaking of an urban renewal project in such area will further promote the public welfare and the proper development of the community: A. By making land in such area available for disposition, for uses in accordance with the urban renewal plan, to such educational institution or hospital for redevelopment in accordance with the use or uses specified in the urban renewal plan; B. By providing, through the redevelopment of the area in accordance with the urban renewal plan, a cohesive neighborhood environment compatible with the functions and needs of such educational institution or hospital; or C. By any combination of the foregoing. D. The approval by Council of the plan shall constitute authority to spend moneys of the City appropriated for such purpose and the proceeds of bonds or notes issued for such purpose, and to accept advances, gifts, donations and grants from the Federal government, the State of Ohio, any entity, instrumentality or subdivision of either, or from any other entity or person; E. The Clerk of Council shall certify as true and correct and deliver to the City Manager a copy of the aforesaid ordinance of Council approving the plan for his approval or veto, and appropriate further action. (Ord Passed ) FEDERAL CONTRACTS. Any contract with a Federal agency for loans, advances, grants or other Federal aid to the City shall be approved by the Law Director as to form and legality and after approval and authorization by ordinance of Council, passed in accordance with the requirements of Ohio R.C and the Charter and Ordinances of the City of Trotwood, shall be executed by the City Manager. (Ord Passed )

14 PLANNING AND ZONING CODE 6H MODIFICATION OF URBAN RENEWAL PLAN. An urban renewal plan and the ordinance approving it may be amended, modified or changed by ordinance of Council from time to time, before or after its initial approval thereof; provided, that, if the boundaries of the project area are extended to include any parcels of land not previously included therein or if there is added a new type of urban renewal activity which requires the acquisition of property or if there is a change in the proposed zoning within the project area or in any other matter directly within the jurisdiction of the Planning Commission to approve or disapprove, all of the proceedings provided for in Sections and shall be carried out in connection with such amendment, modification or change and provided, that, the plan may not be amended, modified or changed with respect to any land previously conveyed by the City without the consent of the property owner thereto. (Ord Passed ) EXECUTION OF URBAN RENEWAL PROJECTS. (a) As authorized by Council, the City Manager with the appropriate advice and assistance of the Law Director, shall cause the necessary steps to be taken to acquire the parcels of land in the project area in accordance with the plan, including but not limited to, the negotiation for such parcels, obtaining appraisals, title examinations and reports, executing contracts for any of such services and appropriate documents to transfer title to the City; provided, that in the event appropriation of property is necessary, Council shall initiate and carry out, with the appropriate assistance of the several officers, employees, boards and commissions of the City, the proceedings in accordance with Ohio R.C. Chapter 719. (b) After any necessary appropriation of City moneys and authorization of expenditures by ordinances of Council in accordance with Ohio R.C. Chapter 5705, Council action, where appropriate to rezone property, vacate or dedicate streets, or other public places and provide for the establishment and preservation of open-space areas pursuant to Ohio law and the Charter and Ordinances of the City of Trotwood; certification of funds by the City Auditor; and preparation of or approval of legal form of contracts by the Law Director, the City Manager shall make the contracts, purchase the supplies and materials and provide the labor, pursuant to and in accordance with the applicable provisions (including the competitive bidding requirements) for such City activities as may be necessary to carry out the urban renewal project, including but not limited to the demolition, rehabilitation or repair of structures (whether voluntarily by the private owners thereof or by the City for demonstration purposes in limited numbers), the removal of pavement, sidewalks, lighting and trees, capping, removal and relocation of City-owned utility lines, grading, construction of site improvements and supporting facilities and the temporary lease, rental or permission to let others use structures or parcels of land while owned by the City, relocation activities and the enforcement of any applicable provisions of law or conforming agreements relative to bidding, zoning, platting and the repair or rehabilitation of land and structures remaining in private ownership. (c) After its determination that real property is not needed for any municipal purpose, Council may authorize by ordinance the transfer, lease or conveyance of any real property in accordance with and for the purposes of the plan, subject to such lawful terms, conditions, restrictions and covenants (including covenants running with the land) to assist in carrying out the purposes of the plan.

15 6-I Urban Renewal (d) If the property owner in the project area is willing to make the use of his property conform to the urban renewal plan and Council finds and determines that the acquisition of such property by the City will not be necessary if so conformed, the City Manager, upon Council authorization, may enter into a conforming agreement upon such terms and security as may be authorized by Council. Such agreement may provide for the acquisition of property upon continued failure of the property owner to keep his agreement after notice from the City specifying such failure. (Ord Passed ) FINANCE. The cost of urban renewal activities may be paid in whole or in part by the City from appropriate general or special funds or accounts established pursuant to Ohio R.C. Chapter 135 and Chapter 5705 and the City may accept grants or gifts of money or real or personal property from persons, entities, governments or taxing authorities to be used for the planning and financing of such urban renewal activities. Any investment of excess funds shall be carried out in accordance with provisions of Ohio R.C to All bonds or notes payable from the general credit and taxes of the City to finance the urban renewal activities shall be issued in accordance with the applicable provisions of Ohio R.C. Chapter 133. Accounts shall be maintained for the carrying out of those urban renewal activities being financed by loans or advances from the Federal government separate from any other City accounts, including City accounts used to carry out any activities being financed by the City and no money or real or personal property shall in any way be pledged as security for the repayment of any Federal loans or advances, except the separately described portion of a project area set aside for such purpose, together with the proceeds from the sale, lease or temporary operation thereof and Federal capital grant moneys carried in connection therewith in order to avoid violating statutory and constitutional debt and tax limitations. (Ord Passed ) ANTI-DISCRIMINATION PROVISIONS. Each deed conveying title to property within an urban renewal or project area shall contain a covenant or covenants prohibiting the restriction or the sale or use of such property on the basis of race, religion or any other standard that is not applicable to all persons or families irrespective of race, religion or ancestry. (Ord Passed ) TAX EXEMPTION. (a) All property of the City, including funds, owned or held by it for the purposes of this chapter shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the same nor shall judgment against the City be a charge or lien upon such property; provided, however, that the provisions of this section shall not apply to or limit the right of obligees to pursue any remedies for the enforcement of any pledge or lien given pursuant to this chapter by the City on its rents, fees, grants or revenues from urban renewal projects. (b) The property of the City, acquired or held for the purposes of this chapter on January 1 of any year, is declared to be public property used exclusively for essential public and governmental purposes and such property shall be exempt from all taxes of the City, County, State or any taxing authority thereof; provided, however, that such tax exemption shall terminate when the City sells, leases or otherwise disposes of such property in an urban renewal or redevelopment area to a purchaser or lessee which is not a person, corporation, partnership or other association entitled to tax exemption with respect to such property. (Ord Passed )

16 PLANNING AND ZONING CODE 6J SEPARABILITY; CHAPTER CONTROLLING. (a) Notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any provisions of this chapter, or the application thereof to any person or circumstances, is held invalid, the remainder of the chapter and the application of such provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby. (b) Insofar as the provisions of this chapter are inconsistent with the provisions of any other law or ordinance, the provisions of this chapter shall be controlling. The powers conferred by this chapter shall be in addition and supplemental to the powers conferred by other law. (Ord Passed )

17 7 CODIFIED ORDINANCES OF TROTWOOD PART ELEVEN - PLANNING AND ZONING CODE TITLE THREE - Subdivision Regulations Chap General Provisions. Chap Administration and Enforcement. Chap Procedure for Plat Approval. Chap Design Standards. Chap Improvement Requirements. EDITOR'S NOTE: The Trotwood Subdivision Regulations were adopted by Ordinance 2-99, passed January 19, Subsequent amendments to Ordinance 2-99 will be indicated by legislative histories placed at the end of the affected sections. CHAPTER 1107 General Provisions Title Purpose Scope; compliance Definitions Jurisdiction Conflicting provisions. CROSS REFERENCES Interpretation - see ADM. Ch. 101 Severability - see ADM TITLE. This Title Three of the Planning and Zoning Code shall be known and may hereafter be cited and referred to as the Official Subdivision Regulations for the City of Trotwood, Ohio.

18 PLANNING AND ZONING CODE PURPOSE. The following rules and regulations are adopted in order to secure and provide for the: (a) Proper arrangement of streets. (b) Adequate and convenient provision of open space. (c) Orderly and efficient subdivision of land. (d) Preparation and recording of record plans SCOPE; COMPLIANCE. No land shall be subdivided without first complying with the provisions of these Official Subdivision Regulations for the City. Further, no subdivision improvements shall be permitted to be made until both preliminary and final plats, along with all required construction drawings and grading and utility plans, have been submitted to and approved by the Planning and Zoning Commission and until all required bonds have been posted and accepted by Council DEFINITIONS. For the purposes of these Subdivision Regulations, the following definitions shall apply unless the context clearly indicates or requires a different meaning. (1) Alley means a public or private way not more than twenty feet wide which provides secondary access to the rear or side of an abutting property. (2) Approving Agent means the Planning and Zoning Commission of Trotwood. (3) Arterial means a street whose primary function is to move large volumes of traffic. (4) As Built Drawings means a set of drawings supplied by the contractor or developer indicating the final subdivision as constructed. These drawings shall indicate all changes made during construction with respect to the construction drawings and grading; utility plans submitted with the final plat. (5) Block means a parcel of land which is entirely surrounded by public highways and streets, railroad rights of way, waterways or other barriers. (6) Channel means natural stream that conveys water; a ditch or channel excavated for the flow of water. (7) City Engineer and Director of Public Works means any person, firm, or organization designated by City Council to review and advise the City concerning the proposed subdivision of land. (8) Clearing means clearing, grubbing, scalping, removal of trees and stumps, and removing and disposing of all vegetation and debris within the site, and shall include the conditions resulting therefrom. (9) Collector means street whose primary purpose is to conduct traffic from local or minor residential streets to an arterial. (10) Comprehensive Plan the officially adopted land use plan of the City as may be amended from time to time. (11) Construction means the erection, alteration, repair, renovation, demolition or removal of any building or structure; and the clearing, stripping, excavating, filling, grading and regulation of sites in connection therewith. (12) Covenant means series of controls included in a record plan which acts to further regulate development within a subdivision.

19 9 General Provisions (13) Cul-de-sac means local or minor street of relatively short length with one end open to traffic and the other end terminating in a vehicular turnaround. (14) Cut means excavation; the difference between a point on the original ground and a designated point of lower elevation on the final grade. Also, the material removed in excavation. (15) Dead-end street means a street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future. (16) Debris means loose refuse or earth material not suitable for use as presently situated or constituted as determined by the approving agent. (17) Dedication means the granting of land by its owner for any of a number of public uses. (18) Deed restriction See Covenant. (19) Developer means any individual, subdivider, firm, association, syndicate, partnership, corporation, trust or any other legal entity commencing proceedings under these Subdivision Regulations to effect the development of land for himself or for another. (20) Development means the division of land into two or more parcels, the carrying out of any building, or the making of any material, change in the use or appearance of any structure or land through activities of construction, erection or alteration. (21) Development area means any contiguous area owned by one person or operated as one development unit included within the scope of these regulations, upon which earth disturbing activities are planned or underway. (22) Ditch means an open channel either dug or natural for the purpose of drainage or irrigation with intermittent flow. See Stream, Drainageway, and Grassed waterway. (23) Drainageway means an area of concentrated water flow other than a river, stream, ditch or grassed waterway. (24) Dumping means the grading, pushing, piling, throwing, unloading or placing of soil, dirt, stone or other earthen material. (25) Dwelling means any building or portion thereof designed or used exclusively as the residence of one or more persons, but not including tents, cabins, trailers, hotels and motels. (26) Dwelling unit means a single family, two family or multi- family dwelling used by one family for cooking, living or sleeping purposes. (27) Earth-disturbing activity means any grading, excavation, filling, or other alteration of the earth's surface where natural or manmade ground cover is destroyed and which may result in or contribute to erosion and sediment pollution. (28) Earthen material means soil, sediment, rock, sand, gravel or organic material or residue associated with or attached to the soil. (29) Easement means authorization by a property owner for the use by another, for a clearly defined purpose, of any designated part of his property. (30) Enforcement officer means that person designated by the City Manager to administer and enforce the provisions contained within the official Subdivision Regulations for the City.

20 PLANNING AND ZONING CODE 10 (31) Erosion means the wearing away of the land surface by running water, wind, ice or other geological agents, including such processing as gravitational creep; detachment and movement of soil or rock fragments by wind, water, ice or gravity. A. Accelerated erosion means erosion much more rapid than normal, natural or geologic erosion, primarily as a result of the influence of the activities of man. B. Rill erosion means an erosion process in which numerous small channels only several inches deep are formed; occurs mainly on recently disturbed soils. C. Sheet erosion means the removal of a fairly uniform layer of soil from the land surface by wind or runoff. (32) Excavation means any act by which earth, sand, gravel, rock or any similar material is dug into, cut, quarried, uncovered, removed, displaced, relocated or bulldozed, and the conditions resulting therefrom. (33) Fill means any act by which earth, sand, gravel, rock, or any other material is placed, pushed, dumped, pulled, transported, or moved to a new location above the natural surface of the ground or on top of the stripped surface and shall include the conditions resulting therefrom. The difference in elevation between a point on the original ground and a designated point of higher elevation on the final grade. (34) Final plat means that map, drawing or chart on which a developer's plan of subdivision, along with applicable construction drawings, is submitted to the Planning and Zoning Commission in accordance with the Official Subdivision Regulations for the City for approval, and, after the approval, filed with the County Recorder. (35) Finished grade means the final grade or elevation of the ground surface conforming to the approved grading plan. (36) Freeboard means the vertical distance between the design flow level of the water surface and a specific point of interest (i.e. top elevation of a detention/retention basin). (37) Grading means the stripping, cutting, filling, stockpiling or any combination thereof of earth-disturbing activity inclusive of land in its cut or filled conditions. (38) Grassed waterway means a broad and shallow natural course or constructed channel with erosion-resistant grasses or similar herbaceous cover and used to conduct surface water runoff. (39) Hazard means any danger to public health, welfare, and safety including exposure to risk or damage to property or liability for personal injury; or risk of harm to land, air or water resulting in environmental degradation. Hazards can include but are not limited to, flooding and ponding, compaction and settling, landslides, earthquakes, toxic chemicals, radiation, fire and disease. (40) Improvements means street pavement or resurfacing, curbs, gutters, sidewalks, water lines, sewer lines, storm drains, street lights, flood control and drainage facilities, utility lines, landscaping and other related matters normally associated with the development of raw land into building sites.

21 11 General Provisions (41) Landscaping means the placement of materials such as grass, flowers, shrubs, hedges, trees, decorative walls and fences and berms improved with ground cover, within a designated area. (42) Loop street means a type of local street, each end of which terminates at an intersection with the same arterial or collector street. (43) Lot means a piece or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings, or utilized by a principal use and accessory uses thereto, together with such open space as required by the Zoning Ordinance, and having frontage on a public street or approved private street. A. Lot area means that area of land contained entirely within the boundary of a lot. B. Lot, corner means a lot located at the junction and abutting on two or more intersecting streets where the intersection does not exceed 135 degrees. C. Lot depth means the average horizontal distance between the front and rear lot lines. D. Lot, double frontage means an interior lot having frontage on two nonintersecting streets. E. Lot frontage means that the distance between the side lot lines as measured by a line drawn parallel with the front lot line at a point of required minimum front yard depth as established by the setback line. F. Lot, interior means a lot other than a corner lot. G. Lot line, front means in the case of an interior lot, a line separating the lot from the street; and, in the case of a corner lot, a line separating the narrowest lot frontage of the lot from the street. H. Lot line, rear means the lot line opposite and most distant from the front lot line. I. Lot line, side means any lot line other than a front or rear lot line. (44) Maintenance bond means an approved agreement by a developer or subdivider with the City in the amount of ten percent (10%) of the actual cost of all required improvements. (45) Minor street means a local street whose primary function is to move traffic within residential neighborhoods. (46) Monument means a permanent concrete or iron marker used to definitely establish all property lines within a plat. (47) Municipal Clerk means the Municipal Clerk for the City. (48) Nuisance means a public nuisance as known by common law or in equity jurisprudence. (49) Official Thoroughfare Plan means that map or set of maps which establish the official right-of-way width for streets within the corporation limits of the City. (50) Parcel See Lot. (51) Performance bond means an approved agreement by a developer or subdivider with the City in the amount of the estimated construction cost necessary to guarantee completion of all required subdivision improvements in accordance with previously approved plans and specifications.

22 PLANNING AND ZONING CODE 12 (52) Permittee means any person to whom a permit is issued pursuant to these Subdivision Regulations, or who is subject to inspection under it. (53) Person means any individual corporation, partnership, joint venture, agency, unincorporated association, municipal corporation, county or state agency within the State, the Federal government, or any combination thereof. (54) Planned unit development means a land development project which is comprehensively planned as a single entity via a unitary site plan. (55) Planning and Zoning Commission means that Council-appointed advisory body known as the Planning and Zoning Commission for the City. (56) Plans means profiles, typical cross sections, working drawings and supplemental drawings of site, grading, drainage and runoff and sedimentation control plans, vicinity map, soil map and other plans as approved or exact reproductions thereof, which show the location, character, dimensions and details of the work with the information/data required and identified within the Subdivision Regulations. (57) Pollution means the man-induced alteration of the chemical, physical and biological integrity of air and water resources. (58) Preliminary plat means a proposed layout of a tract of land which has been submitted by a developer or subdivider to the Planning and Zoning Commission for approval. (59) Public way means an alley, avenue, boulevard, bridge, channel, ditch, easement, expressway, freeway, highway, land, parkway, right of way, road, sidewalk, street, subway, tunnel, viaduct, walkway, bikeway or other ways in which members of the general public or a public entity have a right, or which are dedicated, whether improved or not. (60) Right-of-way means a strip of land taken or dedicated for use as a public way. In addition to the roadway, the right of way normally includes curbs, gutters, sidewalks, lawn strips, and lighting utilities and drainage facilities. (61) Runoff means the portion of rainfall, melted snow or irrigation water that flows across the ground surface and eventually is returned to streams. A. Accelerated runoff means increased rate and volume of runoff due to less permeable surface primarily caused by urbanization. B. Peak rate of runoff ' means the maximum rate of runoff for Type II distribution, 24-hour duration storm of a given frequency, as defined by the Soil Conservation Service. (62) Sediment means solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water, gravity or ice, and has come to rest on the earth's surface either above or below water. (63) Sediment pollution means failure to use management or conservation practices to abate wind or water erosion of the soil or to abate the degradation of waters by soil sediment in conjunction with land grading, excavating, filling or other soil-disturbing activities on land used within the scope of provisions as described in these Subdivision Regulations. (64) Service road means a minor street which is both adjacent and parallel to an arterial, and, which provides access to abutting properties while affording protection from major amounts of through traffic.