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(a) Commercial Parking Areas.
(1) Shielding. All outdoor lighting must be directed toward and confined to the ground areas. Full cut-off fixtures must be used to prevent light from projecting above a ninety (90) degree horizontal plane. See Figure 14.
(2) Light Trespass Limits. Exterior lighting sources must be designed, constructed, located, and maintained in a manner that diminates light trespass onto neighboring properties. The light trespass from a property must not exceed 0.0-foot candles at the property line, measured at grade.
(3) Up-lighting. All up-lighting used for the external illumination of buildings must be placed and shielded so as to not interfere with the vision of persons off the property.
(c) Prohibited Lighting.
(1) Flashing or Moving Lights. All illumination of outdoor features of a flashing, moving, or intermittent type are prohibited.
(2) Recreational Facility Lighting. No outdoor recreational facility, public or private, will be illuminated after 11:00 p.m., except to conclude a permitted recreational or sporting event or other activity already in progress prior to 11:00 p.m.
(3) Laser Source Light. The use of laser source light or any similar intensity light for outdoor advertising or entertainment is prohibited.
(4) Searchlights. The operation of searchlights for advertising purposes is prohibited.
(5) Lighting for Advertising. The use of lighting for advertising and/or conspicuous purposes is prohibited, except where such lighting is approved by the Community Development Department, as part of a sign, and in compliance with all the requirements of this Zoning Code.
(Ord. 2023-051. Passed 8-16-23.)
(d) Exempt Lighting. The following exterior lighting fixtures and systems are exempt from the regulations of this section. The Community Development Director is authorized to enforce standards to minimize glare, reduce light pollution, and otherwise protect the health, safety, and welfare of the public.
(1) Light fixtures placed by a governmental agency in the public right-of-way;
(2) Decorative holiday lighting;
(3) Pedestrian walkway lighting;
(4) Temporary festival and civic lighting;
(5) Temporary construction or emergency lighting;
(6) Instances where federal, state, or local laws, rules, or regulations take precedence over the provisions of this section.
(Ord. 2021-057. Passed 6-16-21.)
(a) Roof-Mounted and Wall-Mounted Solar Energy Systems: Roof-mounted and wall-mounted solar energy systems for on-site use are permitted accessory structures in all zoning districts, subject to the following regulations:
(1) Wall-mounted systems must not exceed the dimensions of the exterior wall.
(2) Height. Roof-mounted systems must not extend more than three (3) feet above the roofline nor extend above the maximum permitted height of the building to which it is attached.
(3) Location.
A. Roof-mounted solar energy systems may be located anywhere on a roof of a principle or accessory structure, or protrude beyond the edge of the roof.
B. Wall-mounted solar energy systems may be located anywhere on the wall of a principle or accessory structure.
(b) Ground-Mounted Solar Energy Systems (10 kW or less). Ground mounted and freestanding solar energy systems of 10kW or less for the on-site use are permitted accessory structures in all zoning districts, subject to the following regulations:
(1) Location and Setbacks. Solar energy systems must be located in the rear of the principle building. Solar energy systems must also meet the minimum setbacks of the zoning district.
(2) Height. The height of the solar energy system and any mounting equipment must not exceed twenty (20) feet in a residential zoning district or thirty-five (35) feet in a commercial or industrial zoning district, when oriented at maximum tilt or the height of the screening, whichever is less.
(3) Screening. Evergreen landscaping must be provided to screen the racking (i.e., the framing below the panels) from view on all sides.
(4) Power Lines. All power lines between solar panels and inverters must be placed underground.
(c) Removal. If a solar energy system ceases to perform its intended function (generating electricity) for more than six (6) consecutive months, the operator must remove the collectors, mounts, and associated equipment and facilities no later than ninety (90) days after the end of the six (6) month period. Where the removal has not been completed as required above, it is violation of this Code and is subject to a civil offense in accordance with Kent Codified Ordinance (KCO) 501.13, as amended.
(d) Utility Connection. The applicant must submit evidence that the utility company has been informed of the customer's purpose to install an interconnected, customer-owned solar energy system and that such connection has been approved. Off-grid systems are exempt from this requirement. (Ord. 2021-057. Passed 6-16-21.)
(a) Where Permitted.
(1) Roof-mounted small wind energy systems are permitted by right in all zoning districts, provided that the system does not fall within the front yard and all of the applicable requirements of this Code are met.
(2) Tower-mounted small wind energy systems may be permitted as a special land use in the U, I-R, and I districts, provided that the system does not fall within the front yard and all of the applicable requirements of this Code are met.
(b) Minimum Lot Area.
(1) Roof-mounted small wind energy systems will have no minimum lot area.
(2) Tower-mounted small wind energy systems must be located on a lot with a minimum area of one (1) acre.
(c) Maximum Wind Turbine Height.
(1) Roof-mounted small wind energy systems will have a maximum height of ten (10) feet above the highest point of the roof or ten (10) feet above the maximum height of the zoning district, whichever is lower.
(2) Tower-mounted small wind energy systems will have a maximum height of twenty (20) feet.
(d) Minimum Setbacks.
(1) Roof-mounted small wind energy systems must adhere to the minimum setbacks of the zoning district.
(2) Tower-mounted small wind energy systems must be set back from all property lines, overhead utility rights-of-way and easements, and other towers by a distance equal to or greater than the height of the windmill or tower.
(e) General Standards. The following requirements are applicable to all wind energy systems.
(1) Noise. A wind energy system must comply with the noise standards set forth in the Kent Codified Ordinances (KCO).
(2) Shadow Flicker. The application for a wind energy system must include a shadow flicker analysis demonstrating impact on adjacent and nearby residential properties. Wind energy systems must be constructed in locations that minimize the impacts of shadow flicker on residences.
(3) Lighting. No wind energy system will be artificially lighted unless required by the Federal Aviation Administration (FAA).
(4) Appearance, Color, and Finish. The wind energy system must be maintained in the color or finish that was originally applied by the manufacturer, unless otherwise approved in the building permit. All wind energy systems will be a single non-reflective, non-obtrusive, matte finished color (e.g., white or gray).
(5) Signs. The manufacturer or installer's identification sign, appropriate warnings signs, and an owner identification sign, are permitted. All other signs are prohibited.
(6) Electrical Wires. All electrical wires associated with a wind energy system, other than wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and grounding wires, must be located underground.
(7) Compliance with Ohio Building Code, as amended. Building permit applications for wind energy systems must be accompanied by line drawings of the electrical components in sufficient detail to determine compliance.
(8) Construction Codes, Towers, and Interconnection Standards. Wind energy systems, including towers, must comply with all applicable state construction and electrical codes and local building permit requirements. Wind energy systems including towers, must comply with the FAA requirements, and other applicable local and state regulations. A wind energy system connected to the public utility electrical grid must comply with the Public Utilities Commission of Ohio and Federal Energy Regulatory Commission standards. Off-grid systems are exempt from this requirement.
(9) System Access. Small wind energy systems must be designed and installed such that step bolts, ladders, or other means of access readily accessible to the public are located at least eight (8) feet above grade level.
(10) Safety. A wind energy system must have an automatic braking, governing, or feathering system to prevent uncontrolled rotation or over speeding. All wind towers must have lightning protection. If a tower is supported by guy wires, the wires must be clearly visible to a height of at least six (6) feet above the guy wire anchors.
(11) Minimum Ground Clearance. The lowest extension of any blade or other exposed moving component of a wind energy system must:
A. Be at least twenty (20) feet above the surrounding grade at its highest point;
B. Within twenty (20) feet of the base of the tower; and
C. A minimum of twenty (20) feet above any outdoor surface intended for human use, such as balconies or roof gardens that are located below the wind energy system.
(12) Roof-Mounted Small Wind Energy Systems. Roof-mounted small wind energy systems must be limited to roof mounting and must not be mounted on any other building wall or surface.
(13) Removal. If a small wind energy system ceases to perform its intended function (generating electricity) for more than six (6) consecutive months or has been abandoned, the property owner must remove the wind energy system, electrical components, and all other associated facilities no later than ninety (90) days after the end of the six (6) month period. Where the removal has not been completed as required above, the violation is subject to enforcement under the provisions for civil offenses in accordance with Section 501.13
(KCO), as amended.
(14) Utility Connection. The applicant must submit evidence that the utility company has been informed of the customer's purpose to install an interconnected, customer-owned wind energy generator and that such connection has been approved. Off-grid systems are exempt from this requirement. (Ord. 2021-057. Passed 6-16-21.)
Public art is classified in the Code as art displayed through various mediums, including but not limited to wall murals and sculptures, designed and located such that the art is visible or accessible to the general public from any public right-of-way.
(a) Administrative Regulations.
(1) Review and Recommendation. All proposed public art must be reviewed and a recommendation of approval forwarded to the City by the Main Street Kent Public Art Advisory Board prior to installation. If at any point in the future, Main Street Kent, a nonprofit organization legally organized and recognized by the State of Ohio Secretary of State, were to be dissolved or its Public Art Advisory Board disbanded, Kent City Council must identify an alternative board or committee for the review of public art.
(2) Submission to the Community Development Department. The Main Street Kent Public Art Advisory Board must submit written notification of the recommendation of approval of all public art. The written notification must include the following information:
A. Approved rendering of the public art and its size specifications/dimensions;
B. Address of the property where the public art is to be displayed and located; and
C. Documentation of consent from the property owner for the display and location of the public art.
(3) Fine Arts Permit. The Zoning Inspector must issue a permit for the display of the public art after verifying:
A. The public art does not contain a logo, image, insignia, trademark, or any similar component that will categorize it as a sign, subject to the sign regulations of this Code;
B. The public art does not contain any images, text, or symbolism that can be categorized as obscene as defined by this Code; and
C. The public art is not located on or affixed to the front façade of a building.
(4) Appeals. Any public art applicant may appeal the Main Street Kent Public Art Advisory Board recommendation decision or decision of the Zoning Inspector when issuing a Fine Arts Permit to Kent City Council.
(Ord. 2021-057. Passed 6-16-21.)