1143.05  SPECIFIC USE CONDITIONS - PUBLIC/QUASI-PUBLIC USES.
   (a)   Places of Religious Worship.  The purpose of these requirements is to integrate places of religious worship into the fabric of Lorain's neighborhoods, but not at the expense of the residential character of those areas.  Therefore, the scale of the facility, parking lots and related uses shall be compatible with abutting homes and in character with the surrounding neighborhood. 
      (1)   When located in a residential district, in addition to the above stated general conditions, places of religious worship shall be subject to the following requirements:
         A.   Minimum lot area shall be two (2) acres.
         B.   Minimum lot width shall be 200 feet.
         C.   At least one (1) property line, meeting the minimum width requirement of the zoning district, shall abut and have direct access to an arterial or collector street.
         D.   To the extent practical, shared parking arrangements should be employed with other uses in the vicinity, in accordance with the provisions of Section 1149.02(o).
      (2)   Places of religious worship shall not be permitted within the area along Broadway Avenue from Erie Avenue on the north to 9th Street on the south, extending west to Reid Avenue and east to the Black River.
   (b)   Schools, K-12. The purpose of these requirements is to integrate schools into the fabric of Lorain's neighborhoods, but not at the expense of the residential character of those areas.  Therefore, the scale of the school, parking lots and related uses shall be compatible with abutting homes and in character with the surrounding neighborhood.  When located in a residential district, in addition to the above stated general conditions, schools K-12 shall be subject to the following restrictions:
      (1)   Minimum lot area shall be two (2) acres.
      (2)   Minimum lot width shall be 200 feet.
      (3)   Maximum building height may be up to fifty-five (55) feet.
      (4)   At least one (1) property line, meeting the minimum width requirement of the zoning district, shall abut and have direct access to an arterial or collector street.
      (5)   To the extent practical, shared parking arrangements should be employed with other uses in the vicinity, in accordance with the provisions of Section 1149.02(c).
      (6)   All buildings, parking areas and outdoor activity areas (ball fields, tennis courts, playgrounds, bleachers, etc.) shall be set back a minimum of fifty (50) feet from any side or rear property line.
      (7)   Lighting for night-time activity areas shall be directed and shielded so the light source is not visible from any surrounding residential use. All lighting, including building and security lighting shall be located to prevent glare on adjacent properties and streets.
   (c)   Wind Energy Conversion Systems.
      (1)   General requirements.
         A.   The minimum lot area for installation of a commercial wind energy conversion system (WECS) shall be 12,000 square feet.
         B.   The power rating of a single accessory WECS turbine shall not be greater than twenty-five (25) kW.
         C.   A single accessory WECS shall provide energy only to the structures and uses on the same property upon which the tower is located and must be owned or leased by the owner of the same property. However, this does not prevent power generated beyond the needs of the structures or uses on the property to be distributed to a utility company through net metering. Except for the utility company, power generated by the WECS may not be provided to any other property or entity.
         D.   Sound attributed to a single accessory WECS in excess of fifty-five (55) dB(A) shall not be discernible at the property line.
         E.   A sign, not exceeding three (3) square feet in area naming the manufacturer may be affixed to the base of the tower or to the nacelle; no other signs are permitted on the WECS.
         F.   Lights on or directed toward a WECS are not permitted.
         G.   A single accessory WECS shall be painted in a neutral matte color, such as gray or light blue, to blend with the sky. A building mounted WECS may be painted in colors complementary to those of the building.
         H.   A single accessory WECS shall have an automatic braking, governing, or feathering system to prevent uncontrolled rotation or over speeding. Emergency shut-off information shall be posted on the tower in a location that can be easily seen.
         I.   A single accessory WECS shall employ an anti-climbing device or be designed to prevent climbing and other unauthorized access.
         J.   The installation of a single accessory WECS shall not interfere with signal transmission or reception of an existing fixed broadcast, re-transmission or reception antenna for radio, television or wireless phone or personal communication systems.
         K.   The applicant shall provide written evidence that the WECS complies with all applicable federal, state and county requirements, in addition to city ordinances.
         L.   All single accessory WECS installations shall comply with applicable ANSI (American National Standards Institute), National Electric Code and National Building Code standards, as adopted by the State of Ohio, Lorain County and the City of Lorain.
         M.   A WECS shall be removed when the device or equipment is no longer operating or when it has been abandoned. A WECS shall be deemed abandoned when it has not produced electrical energy for twelve (12) consecutive months.
         N.   An existing and approved single accessory WECS may be repaired and maintained; however, a WECS may only be replaced with a new WECS upon approval of the Planning Commission; provided, the new WECS is of the same height, rotor diameter, setback, etc. as the WECS it replaces. A new or replacement WECS shall mean all of the WECS, excluding the tower or support structure.
      (2)   Ground-mounted single accessory WECS.
         A.   A ground mounted single accessory WECS shall not be located within any front yard and shall be located at a distance at least equal to its height from all property lines. The setback shall be measured from the property line (considered as a plane extending from the ground to the highest point of the WECS) to the closest extension of the rotor relative to the property line. No part of a single accessory WECS (including guy wire anchors) shall be located within or above a required setback.
         B.   WECS height shall be limited based on the setback requirements in subsection (c)(2)A.; provided, on a property less than one (1) acre in area, the height shall not exceed fifty (50) feet; and on property one (1) acre or greater the height shall not exceed seventy-five (75) feet.
         C.   The minimum rotor blade tip clearance from grade and from any structure shall be twenty (20) feet.
         D.   The diameter of the rotor depends on maximum single accessory WECS height and rotor blade tip clearance, but in no case shall it exceed fifty (50) feet.
         E.   The tower used to support a WECS shall be adequately anchored and meet applicable standards, as certified by a structural engineer registered in the State of Ohio.
      (3)   Building Mounted Single Accessory WECS.
         A.   The diameter of the rotor shall not exceed twenty (20) feet.
         B.   WECS height shall not exceed the maximum permitted height for principal buildings in the district, plus fifteen (15) feet.
         C.   A single accessory WECS shall be separated from adjoining property lines a distance equal to the height of the building (ground to peak) measured at the point where the WECS is mounted plus the height of the WECS. The setback shall be measured from the property line (considered as a plane extending from the ground to the highest point of the WECS) to the closest extension of the rotor relative to the property line.
         D.   A building mounted single accessory WECS shall not be mounted to the vertical face of a gable end or dormer that is visible from the street. To the greatest degree possible, the WECS shall be mounted to the building in the least visible location.
         E.   The mount and the structure used to support a building mounted WECS shall meet applicable standards, as certified by a structural engineer registered in the State of Ohio.
      (4)   Discretionary Conditions.  The Planning Commission may impose other terms and conditions regulating the construction, installation, use, maintenance, repair and removal of a WECS, including, but not limited to, the following:
         A.   The preservation of existing trees and other vegetation not required to be removed for installation of a WECS.
         B.   The reasonable replacement of trees or other vegetation removed or destroyed during the construction or installation of a WECS.
         C.   Altering the location of the WECS to prevent impacts on neighboring properties; provided, all other requirements of this section are met.
      (5)   Performance Guarantee. A performance guarantee may be required, in accordance with the provisions of Section 1173.06 and conditioned upon the timely and faithful performance of all required conditions, including but not limited to the timely and complete removal of a WECS, regulated under the terms of the section.  The performance guarantee shall remain in effect during and after the operation of a WECS until its operations have ceased and it has been removed.
   (d)   Wireless Communication Facilities and Towers.
      (1)   Required Approvals. The placement of wireless communications facilities and towers shall meet the following approval requirements:
         A.   Installation of New Towers. The construction and installation of any new tower shall only be in accordance with the review and approval procedures of this chapter.
         B.   Installation of New Antenna. The installation of new antenna(s) on existing towers, including legal non-conforming towers, and existing alternative structures (such as water towers, buildings, or church steeples) may be approved by the Zoning Administrator, subject to all requirements of this section. Any new antenna that will add either ten percent (10%) or twenty (20) feet, whichever is less, above the highest point of any existing tower or alternative structure shall be subject to the provisions of this section for the installation of new towers, as described below.
         C.   Installation of New Accessory Structures. The installation of new accessory structure(s), such as equipment buildings, to support the installation of additional antennas on existing towers or alternative structures may be approved by the zoning administrator.
      (2)   Removal.  Any tower unused or left abandoned for twelve (12) consecutive months shall be removed by the property owner at his/her expense. Regardless of the tower ownership, the property owner shall be responsible for removal. Upon the request of the Planning Commission, the operator of any facility to which this provision applies shall provide documentation of the use of that facility for the purpose of verifying any abandonment.
      (3)   Interference with Public Safety Facilities. No new wireless communications facilities or tower shall result in any interference with public safety telecommunications.
      (4)   Required Documentation for all Facilities. In addition to the requirements provided in this section for conditional approval, applications for new towers, new antenna, and new related facilities, including equipment mounted on an existing building, shall include the following:
         A.   Engineer's Report. A report from a professional engineer licensed in the State of Ohio that:
            i.   Describes the height and design of any new tower and/or antenna including a cross-section, latitude, longitude, and elevation;
            ii.   Describes or updates (in the case of new antenna) the tower's capacity, including the type and number of antennae it can accommodate;
            iii.   Certifies compliance of the construction specifications with all applicable building codes (including but not limited to the foundation for the tower, anchors for the guy wires if used, co-location, and strength requirements for natural forces: ice, wind, earth movements, etc.);
            iv.   Certifies that the facility will not interfere with established public safety telecommunication facilities; and
            v.   Includes the engineer's seal and registration number.
         B.   Letter of Intent. A letter of intent committing the tower owner, property owner, antenna owners, and their successors to allow the shared use of the tower.
         C.   Proof of Compliance. Copies of any required approvals from the Federal Communications Commission (FCC), Federal Aviation Administration (FAA) and all other appropriate state and federal agencies.
         D.   Removal Affidavit. A letter committing all parties, including the property owner and his/her successors, to remove the tower and all related accessory structures, fences, landscaping, and equipment if the tower is abandoned (unused for a period of twelve (12) consecutive months). The removal affidavit shall be recorded in Lorain County, with a copy of the recorded affidavit provided to the City of Lorain zoning administrator.
      (5)   Determination of New Tower Need. Any proposal for a new telecommunications tower shall only be approved if the applicant submits verification from a professional engineer licensed in the State of Ohio that the antenna(s) planned for the proposed tower cannot be accommodated on any existing or approved towers or other structures within a two (2) mile radius of the proposed tower location due to one or more of the following reasons:
         A.   Existing Public Site. There are no existing publicly owned towers or sites suitable to accommodate the proposed tower or antennas.
         B.   Inadequate Structural Capacity. The antenna(s) would exceed the structural capacity of an existing or approved tower or other structure.
         C.   Interference. The antennas would cause interference impacting the usability of other existing or planned equipment at the tower site.
         D.   Inadequate Height. The existing or approved towers or structures within the search radius cannot accommodate the planned equipment at the height necessary.
         E.   Land Availability. Additional land area is not available (when necessary).
      (6)   Design Requirements for new Towers and Related Facilities. All telecommunications facilities shall meet the following design requirements:
         A.   Lighting.  Tower lighting shall only be as required for safety or security reasons or as required by the FAA or other federal or state authority. All ground level security lighting shall be oriented inward so as not to project onto surrounding properties, and shall have ninety (90) degree cut-off luminaries (shielded down lighting).
         B.   Co-Location.  All telecommunication towers shall be designed, and engineered structurally, electrically and in all other respects to accommodate both the applicant's equipment and at least one (1) additional user for every fifty (50) feet in total tower height in excess of seventy-five (75) feet.
            i.   Each additional user shall be assumed to have an antenna loading equal to that of the initial user.
            ii.   Towers must be designed to allow for rearrangement of antennas and to accept antennas mounted at varying heights.
         C.   Height.  All towers and antenna shall conform to FAA tall structure requirements. The maximum height of accessory structures shall be fifteen (15) feet.
         D.   Signs. Signs for all telecommunications facilities shall be permitted up to a total of four (4) square feet per user and mounted on the fence.
      (7)   Site Requirements for new Towers and Related Facilities. All telecommunications facilities shall meet the following site requirements:
         A.   Vehicular Access. Vehicle access drives may be gravel or paved and shall be located within an access easement that is a minimum of twenty (20) feet in width. Any portion of the entrance located in a public right-of-way shall meet the applicable public street design, construction, and pavement requirements for the City of Lorain.
         B.   Site Area. The lot (or lease area) where the tower is located shall be large enough to accommodate all future anticipated accessory structures needed by future antenna users. The size of the site shall also be of sufficient area to allow the location of one additional tower and associated support facilities.
            i.   The arrangement of the initial tower and the topography of the site shall be considered in determining the sufficiency of the site area.
            ii.   At a minimum, the width and depth of the tower site shall be a distance equal to the tower height. The tower shall be placed within the property, so it is no closer to any lot line than one-half (½) the tower height.
            iii.   All tower supporting and stabilizing wires shall be located within the site area.
         C.   Setback. The required setbacks for the tower and related facilities shall be as follows:
            i.   Side and rear setback. The minimum side and rear setback for all facilities, including the security fence, shall be twenty-five (25) feet.
            ii.   Front setback. The minimum front setback for all facilities shall be as specified by this Ordinance for the zoning district in which it is located. No part of a wireless telecommunications facility, including the security fence, and any required guide wires or bracing shall be permitted in the required front setback.
            iii.   Additional setback from residential districts. No facility shall be placed closer than one and one-half (1½) times the total height of the tower or 200 feet, whichever is greater, to any property located within a residential district.
            iv.   Additional landscaping. Landscape screening, in addition to the requirements of this section, may be provided in the setback area.
         D.   Encroachment. No part of any telecommunications facility nor associated lines, cables, equipment, wires or braces shall at any time extend across or over any part of a public right-of-way, sidewalk, or property line.
         E.   Fencing.  An eight (8) foot high security fence shall completely surround the tower and accessory equipment building site. Any deterrents, such as barbed wire, shall be at least seven (7) feet above grade.
            i.   Required landscape screening, as described in subsection (d)(8), shall be located outside of the required fence.
            ii.   If located within a residential district, the required security fence enclosing the facility shall be one hundred percent (100%)  opaque. Chain link fence may be used; provided, it is covered by a green or black wind screen. Opaque, eight (8) foot tall gates shall be provided for access.
         F.   Design review districts.  No new telecommunications tower shall be located within any design review district; provided, one (1) or more telecommunications antennae may be located on existing towers or public facilities.
      (8)   Landscape Screening. Evergreen buffer plantings shall be located and maintained around the outermost perimeter of the security fence of all wireless communications facilities. The landscape plan for the site shall specify plants in a number and design to provide a screen of the fence, all equipment and the base of the tower, as determined by the planning commission.
         A.   If evergreen shrubs are used, they shall be planted a maximum of five (5) feet apart on center.
         B.   If evergreen trees are used, they shall be planted a maximum of ten (10) feet apart on center.
            (Ord. 4-21.  Passed 1-4-21.)