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1155.02 PERFORMANCE STANDARDS.
   The following minimum standards shall apply to all uses:
(a)   Fire and Explosion Hazards. All activities, including storage, involving flammable or explosive materials, shall include the provision of adequate safety devices against the hazard of fire and explosion, such safety devices being standard in the industry. Burning of waste materials in open fire is prohibited at any point.
(b)   Fly Ash, Dust, Fumes Vapors, Gases and Other Forms of Air Pollution. No emission of air pollutants shall be permitted which violates the minimum Federal requirements as enforced by the Ohio Environmental Protection Agency. Dust and other air-borne pollutants shall be minimized through the paving, oiling or landscaping of the lot area around any building.
(c)   Glare, Heat and Exterior Light. Any operation, as part of a permitted use, producing intense light or heat, such as combustion, welding or other high-temperature processes, shall be performed within an enclosed building and not be visible beyond any lot line bounding the property where on the use is conducted. No exterior lighting shall be positioned so as to extend light or glare onto adjacent properties or rights of way.
(d)   Liquid or Solid Waste. No discharge at any point into any public sewer, private sewage disposal system, or stream, or into the ground, of any materials of such nature or temperature as may contaminate any water supply, interfere with bacterial processes in sewage treatment or otherwise cause the emission of dangerous or offensive elements, shall be permitted, except in accordance with standards approved by the Ohio Environmental Protection Agency or such other governmental agency as shall have jurisdiction of such activities.
(e)   Noxious Gases. Processes and operations of permitted uses capable of dispersing gases or toxic particulates into the atmosphere shall be hooded or otherwise suitably enclosed. The emission of such toxic gases or particulate matter shall be as required by the Ohio Environmental Protection Agency.
(f)   Vibrations. No use shall be located and no equipment shall be installed in such a way as to produce intense earth-shaking vibrations which are discernible without instruments at the property lines of the subject premises.
(g)   Odors. Odors shall be regulated as per the standards of the Ohio Environmental Protection Agency.
(h)   Electrical Interference. No use shall operate so as to produce an electrical interference on adjacent properties.
      (Ord. 109-14. Passed 6-23-14.)
1155.03 PORTABLE STORAGE UNITS.
   The purpose of these regulations is to regulate the use and location of portable storage units. These units are typically known by the names: PODS (Portable On-Demand Storage Units), SAM (Store and Move), SmartBox USA, and UNITS.
(a)   Characteristics. For the purposes of this Section, the term "portable storage unit" shall mean any rentable or leasable enclosed unit of durable construction or material, generally starting at a minimum size of five (5) feet in width by seven (7) feet in height by eight (8) feet long, designed for temporary storage, which can be transported by truck, left on site or are filled and removed and stored at a central location.
(b)   General Regulations. Portable storage units may be permitted as a temporary use in any zoning district as follows:
(1)   Location and Timeframe.
A.   Temporary Use for New Construction. If used for new construction, portable storage units are to be removed within three (3) calendar days after the unit is no longer necessary or construction is complete, whichever is sooner.
B.   Residential Districts.
1.   If used by an occupant of a property for moving or relocating, a portable storage unit shall only be located on a paved surface on the property (e.g. driveway).
2.   The portable storage unit shall not be located on the property for a period of more than thirty (30) consecutive days during each calendar year.
C.   Commercial and Industrial Districts.
1.   Portable storage units are permitted in any commercial or industrial district for temporary or permanent on site storage if screened from public view and are not occupying required off-street parking spaces as reviewed and approved by the Planning Director.
2.   When permitted, a portable storage unit shall only be located on a paved surface on the property for a period of time as determined by the Planning Director.
(2)   Prohibitions.
A.   No portable storage unit shall be used for human or animal occupation.
B.   Portable storage units larger than eight (8) feet in width by eight (8) feet in height by sixteen (16) feet in length in residential districts shall be prohibited in the City unless expressly permitted by the Board of Zoning Appeals.
C.   Only one portable storage unit shall be permitted on the property at any time.
D.   No portable storage unit shall be located in or on a public right-of-way.
E.   No electrical or plumbing service shall be connected to or provide in the portable storage unit.
F.   No portable storage unit shall be placed in a manner blocking a sidewalk.
(3)   Units must be secured. Portable storage units shall be fully secured at all times including the use of a locking device on the door to prohibit unauthorized entry into the unit.
(4)   Public nuisance. The placement of any portable storage unit shall be located in such a manner on any property as not to create a public nuisance such as creating a motor vehicle visibility issue or storing hazardous materials.
         (Ord. 109-14. Passed 6-23-14.)
1155.04 OUTDOOR VENDING MACHINES AND CARRIER SERVICES BOXES.
   The purpose of these regulations as set forth below is to promote the public health, safety and welfare through the regulation of placement, appearance, servicing, and insuring of outdoor vending machines and carrier service boxes.
   The preferred location for vending machines and carrier services boxes is inside buildings. Vending machines include, but shall not be limited to any machine that dispenses goods, beverages or food for a fee (e.g. soda, snacks, video/DVD rental, toys, gum, etc.). Carrier services boxes include units typically utilized by UPS or FedEx for the unmanned receipt of packages and the provision of envelopes and other mailing materials. Carrier services boxes shall exclude boxes erected by the United States Postal Service (USPS).
   Vending machines and carrier services boxes installed outdoors shall meet the following requirements.
(a)   Location Requirements.
(1)   Outdoor vending machines shall be located along the face of a building or against a structure designed to accommodate them.
(2)   A minimum walkway of four (4) feet is required in front of all outdoor vending machines and carrier services boxes.
(3)   Outdoor vending machines and carrier services boxes shall be an ancillary use to an approved primary use and may not be located on an unimproved lot.
(4)   Outdoor vending machines and carrier services boxes shall not be placed in a location that will block parking areas or create an unsafe situation.
(5)   Outdoor vending machines and carrier services boxes shall not be placed within the public right-of-way.
(b)   Number of Machines and Boxes. Machines and boxes are permitted to cover up to a maximum of ten percent (10%) of the length of the primary building frontage, or twenty feet, whichever is less.
(c)   Contact Information. Contact information shall be visible in a conspicuous area on each unattended machine or box including the name, address, email, and phone number of both the permittee and operator.
(d)   Signage. Any signage on or associated with the vending machine or carrier service box shall be of such a scale meant for on-site viewing only.
(e)   Maintenance of Machines and Boxes.
(1)   All outdoor machines and boxes shall be maintained in a functional, clean and attractive condition.
(2)   Machines that are no longer used or which are not properly maintained can be removed by the City at the box owner's expense.
         (Ord. 109-14. Passed 6-23-14.)
1155.05 DUMPSTERS, RECYCLING AND DONATION BOXES.
   The following requirements shall apply to all uses that utilize dumpsters, recycling and trash handling areas, donation boxes and related service entrances. Dumpsters, recycling and donation boxes shall be accessory to a principal building on a lot.
(a)   Dumpsters, Recycling, Trash Handling Areas and Related Service Equipment.
      (1)   Setbacks. Dumpsters, recycling, trash handling areas and related service equipment, shall be located a minimum of five (5) feet from an adjacent lot with nonresidential zoning and a minimum of twenty (20) feet from an adjacent lot with residential zoning. In the C-2 zoning district or the Public Square Area, as defined in Section 1135.07(a), the Planning Commission or Planning Director may waive such setback requirements if compliance is determined to be infeasible. The dumpster and/or related equipment shall be located on a concrete pad constructed of sufficient strength for the dumpsters, recycling, equipment and vehicles that will empty the units.
         (Ord. 198-23. Passed 11-27-23.)
(2)   Location of Screen. Any dumpster, recycling, trash handling or similar equipment area shall be screened on three sides by a solid fence or wall from the view from public rights-of-way and any abutting properties. If the access to the unit is visible from the public right-of-way, a gate shall be installed that fully screens the dumpsters, recycling, trash handling or similar equipment area.
(3)   Height and construction of Screen.
A.   Any fence or wall required under this Section shall have a height no greater than seven (7) feet and no less than five (5) feet.
B.   If a wall is constructed, it should be painted in a similar color to the main building.
(B)   Donation Boxes. Donation boxes are a receptacle used for the unmanned collection of donated and secondhand goods and merchandise for the purpose of redistribution by an entity such as Goodwill, Special Olympics, Planet Aid, St. Vincent DePaul, etc.
(1)   Setbacks.
A.   Donation boxes shall be in compliance with the setback requirements for accessory structures as determined by the zone district in which such structure is constructed. The donation box shall be located on a concrete pad or paved area constructed of sufficient strength for the donation box, equipment and vehicles that will empty the units.
B.   Donation boxes may be permitted in front of a building or structure provided it is behind the minimum front yard setback line for the district in which it is located.
(2)   Requirements and Maintenance.
A.   A permittee shall operate and maintain or cause to be operated and maintained all unattended donation boxes located in the City as follows:
1.   Unattended donation boxes shall be maintained in good condition and appearance with no structural damage, holes, or visible rust, and shall be free of graffiti;
2.   Unattended donation boxes shall be locked or otherwise secured;
3.   Unattended donation boxes shall contain the following contact information in two inch type visible from the front of each unattended donation box: the name, address, email, and phone number of both the permittee and operator;
4.   Unattended donation boxes shall be serviced and emptied as needed.
5.   Unattended donation boxes shall be no more than eighty-tow (82) inches high, fifty-six (56) inches wide and forty-nine (49) inches deep.
6.   The City may require that the box be secured to the ground to prevent unauthorized movement.
B.   If the donation box is located under a building awning or within ten (10) feet of a wall of a building, it may be required to have an approved fire protection system.
C.   The permittee shall maintain or cause to be maintained the area surrounding the unattended donation box(es) free of any junk, debris or other material and shall be responsible to the extent provided by law for the cost to abate any violation.
D.   Notwithstanding any other provision of this code, it is unlawful for any person to place an unattended donation box:
1.   On any property used for residential purposes.
2.   On or in required parking or loading spaces.
               (Ord. 109-14. Passed 6-23-14.)
1155.06 SOLAR PANELS.
   (a)   Purpose. The City of Medina recognizes the importance of clean, sustainable and renewable energy resources. The intent of these regulations is to establish general guidelines for the location of solar panels and solar collection systems. It is recognized that in some specific instances, under carefully controlled circumstances, it may be appropriate to permit the placement of solar panels or solar collection systems in certain areas of the City. City Council also recognizes the need to protect the safety, health and welfare of adjacent properties from unnecessary and unreasonable visual interference, light glare and heat that the incorrect placement of solar panels or solar collection systems may create such that they may have a negative effect on surrounding property values. As such, this Section seeks to:
(1)   Permit private property to enjoy the benefits of sustainable and renewable energies.
(2)   Protect public and private property from the potential adverse impacts of solar panels or solar collection systems.
(3)   Permit solar panels or solar collection systems on residential, commercial, industrial or agricultural property and review such systems, if warranted.
(4)   Ensure the public health, welfare and safety of City residents in connection with solar panel or solar collection systems.
(5)   Avoid potential damage to real and personal property from solar panels or solar collection systems from the failure of such structures and related operations.
   (b)   Definitions.
(1)   Solar panels or solar collection systems - A device or combination of devices, structures, or parts thereof, that collect, transfer, or transform director solar, radiant energy into thermal, chemical or electrical energy and that contribute significantly to a structure's energy supply.
(2)   Freestanding solar panels or solar collectors - Any solar panel or solar collection system not attached to and separate from any existing structures on the site. Freestanding solar collectors shall be considered an accessory structure and shall be subject to the requirements for such, together with all other applicable building codes and ordinances, through a conditional use review process.
(3)   Structurally attached solar panel or solar collectors - a solar panel or solar collector physically attached to an existing structure roof. Structurally attached solar collectors shall be a permitted as an accessory use in all districts and subject to administrative review and approval.
   (c)   Applicability. No solar panel or solar collection system shall be constructed, erected, installed or located within the City limits until proper approval has been obtained pursuant to this Zoning Code as follows:
(1)   Solar panels or solar collection systems mounted flat on the roof of a building shall be permitted as an accessory use, as governed in this section, in all zoning districts.
(2)   Solar panels or solar collection systems which are freestanding, mounted on poles or other structures excluding the roof of a building, shall be conditionally permitted pursuant to Chapter 1153, Conditional Zoning Certificates, in all zoning districts.
   (d)   Requirements and Regulations. Solar panels or solar collection systems shall conform to or be evaluated for compliance with the following standards:
(1)   The proposed system is no larger than necessary to provide 120 percent of the electrical energy requirements of the structure to which it is accessory to as determined by a contractor licensed to install solar and photovoltaic energy systems.
(2)   If roof mounted, the solar or photovoltaic system shall:
A.   Be flush mounted on the roof unless good cause is shown by the applicant during application review that the solar panel is not at an appropriate angle to obtain maximum sun exposure if mounted flush to the roof.
B.   Be located in the most inconspicuous location on the roof so as not to be seen from the street, if possible, and still be able to function as designed.
C.   Not extend higher than the peak of a sloped roof or higher than five (5) feet from the top of a flat roof.
(3)   If freestanding, the solar or photovoltaic system shall:
A.   Not extend more than ten (10) feet above the existing grade in residential districts. In all other districts, the maximum height of a solar or photovoltaic system will be determined on a case by case basis upon plan review under Chapter 1153, Conditional Zoning Certificates.
B.   Not be located in the front yard.
C.   Not be located in any required side or rear yard setback areas for accessory uses.
D.   Not be positioned so as to reflect sunlight onto neighboring property, public streets or sidewalks, including on any neighboring structures.
E.   Be landscaped at the base and the back of the panel structure if structure is visible from neighboring property.
(4)   All signs, both temporary and permanent, are prohibited on solar panel or solar collection systems, except as follows:
A.   Manufacturer's or installer's identification information on the system.
B.   Appropriate warning signs and placards.
(5)   Solar panel or solar collection systems shall comply with all applicable sections of the Ohio Building Code and applicable industry standards such as the American National Standards Institute (ANSI), Underwriters Laboratories (UL) or an equivalent third party.
(6)   All electrical wires and connections on freestanding solar or photovoltaic collection system shall be located underground.
   (e)   Utility Connection. Solar panels or solar collection systems proposed to be connected to the local utility power grid through net metering shall adhere to Ohio Revised Code Section 4928.67 or any future corresponding statutory provision.
   (f)   Maintenance. All solar panel or solar collection systems shall be maintained in good working order.
   (g)   Procedure for Review. If required in Section 1155.06 (c), Applicability, the following procedure shall be utilized for the review and approval of solar panels.
(1)   In accordance with Chapter 1153, Conditional Zoning Certificates, a solar panel or solar collection system shall be subject to receiving a conditional use permit prior to installation or modification thereof.
The issuance of a conditional use permit shall comply with the following requirements:
A.   Site Plan Review. A site plan shall be submitted for review for freestanding solar panel or solar collection systems. The following items shall be the minimum requirements to be considered a complete application and shall include the following:
1.   Property lines and physical dimensions of the applicant's property.
2.   Location, dimensions and types of existing structures on the subject property and on properties directly contiguous to the subject property.
3.   Location of the proposed solar panel or solar collection system, and associated equipment.
B.   System specifications, including manufacturer, model, kilowatt size.
C.   Documentation shall be provided regarding the notification of the intent with the utility regarding the applicant's installation if the system will be connected to the power grid.
D.   Electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code (typically provided by the manufacturer).
E.   Compliance with all development standards as outlined in Section 1155.06 (d), Requirements and Regulations.
(2)   Zoning Compliance. A Zoning Certificate must be obtained in accordance with this Zoning Code.
(3)   Building Permit. A Building Permit must be obtained from the appropriate approving agency, as directed by the Planning Director.
         (Ord. 109-14. Passed 6-23-14.)
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