(A) Adult Oriented Business (AOB) establishment.
(1) The AOB shall not be located within 500 feet of any residentially zoned district, or within 500 feet of other adult oriented business establishments, day care centers, churches, public parks, schools, libraries or other public buildings or premises. Distances shall be measured in a straight line without regard to intervening structures, from the nearest portion of the building or structure where an adult oriented business is conducted, to the nearest property line of the premises of a place of worship, school or other protected building or premises.
(2) Adult oriented business establishments shall comply with all of the density, setback and parking requirements of the district and all other zoning, building and state building requirements.
(3) All buildings, entries, windows and the like, shall be located, covered or otherwise arranged in such a manner to prevent a view into the interior.
(4) No screen, stages, loudspeakers or other sound systems, shall be seen or heard from the exterior of an adult business establishment.
(5) No advertisements, displays, or other promotional materials displaying specified sexual activities or specified anatomical areas shall be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways, or from other public or semi-public areas.
(B) Agriculture (Crops).
(1) For the purposes of this Zoning Code, the terms agriculture, agricultural activities and agricultural uses do not include the keeping of animals, animal products or animal husbandry.
(2) The minimum lot area shall be 5 acres.
(3) The minimum front setback for principal and accessory buildings and structures shall be comply with the requirements of the district.
(4) Agricultural uses shall properly manage fertilizer in compliance with all applicable local and state regulations, so as to not create a nuisance or health hazard to adjoining or nearby property owners.
(5) Farm stands are permitted when in compliance with the following:
(a) Such stands shall be freestanding structures that are no more than 200 square feet;
(b) Off-street parking facilities shall be limited to 4 parking spaces and shall be set back and separate from the right of way;
(c) Such stands shall be set back a minimum of 15 feet from the front and side lot lines; and
(d) Products sold at the farm stand shall be limited to farm products grown or raised on the premises.
(C) Electric Vehicle Charging Stations (EVCS), Outdoor.
(1) An outdoor electric vehicle charging station (EVCS) is a public or private parking space(s) that is (are) served by battery charging equipment with the purpose of transferring electric energy to a battery or other energy storage device in an electric vehicle.
(2) Outdoor EVCS for public use shall be permitted as an accessory use within any parking space in a parking lot, subject to the following regulations:
(a) A maximum of two parking spaces or 5% of the minimum required parking spaces, whichever is greater, shall be permitted as an accessory use.
(b) The EVCSs shall be located in a side or rear yard in a location that will be easily seen by the public for informational and security purposes and shall be illuminated during evening business hours.
(c) The EVCS pedestals shall be protected as necessary to prevent damage by automobiles.
(d) Complete instructions and appropriate warnings concerning the use of the EVCS shall be posted on a sign in a prominent location on each station for use by the operator.
(3) Outdoor electric vehicle charging stations for private use shall be permitted as an accessory use in compliance with the following:
(a) Be located in a side or rear yard and in a manner that will not allow public access to the charging station.
(b) The EVCS pedestals shall be protected as necessary to prevent damage by automobiles.
(4) All outdoor EVCS shall be maintained regularly, kept in good repair and operating condition.
(a) Outdoor EVCS shall comply with all state and federal requirements.
(b) The following information shall be posted at all electric vehicle charging stations:
(i) Voltage and amperage levels;
(ii) Hour of operations if time limits or tow-away provisions are to be enforced by the property owner;
(iii) Usage fees;
(iv) Safety information;
(v) Contact information for reporting when the equipment is not operating or other problems.
(D) Essential Services.
(1) Intent. Provision for essential services requirements are established in order to achieve, among others, the following purposes:
(a) To provide a reasonable assurance that right-of-way, easement or other spaces will be available for the installation, placement, erection or construction of utility systems;
(b) To provide for the alteration and maintenance of such utility systems; and
(c) To promote the general convenience, welfare and prosperity of business, service, research, production and manufacturing developments and convenience to residences, all of which depend upon essential services.
(2) Essential services that are necessary for the furnishing of adequate service by public utilities, municipal departments, commissions, or for the public health, convenience, safety or general welfare are permitted in all districts.
(3) Permitted essential services shall include:
(a) Locations underground, on the surface or overhead;
(b) Conveyances for gas, electrical, steam wastes or water;
(c) The facilities may include collection, storage, transmission or distribution systems; and
(d) The components of such facilities may include: mains, drains, sewers, pipes, conduits, wires, cables, fiber optics, traffic signals, hydrants, poles and other similar equipment, and accessories in connection therewith, but not including telecommunication towers, which are otherwise regulated in this Zoning Code.
(4) All proposed essential services shall be reviewed and approved by a professional engineer selected by the Planning Commission and or the Village Administrator as authorized by Village Council.
(E) Self-storage Units/Mini Storage.
(1) The development plan shall indicate the orientation of the buildings and the number and size of storage units.
(2) The standard leases for rental of a self-storage units shall include clauses prohibiting the following:
(a) The storage of flammable liquids or radioactive, highly combustible, explosive or hazardous materials.
(b) The self-storage unit shall be used only for dead storage.
(c) No activities, such as the sale, repair, fabrication, or servicing of goods, motor vehicles, appliances, equipment, or materials shall be conducted from the self-storage units.
(3) All storage shall be within a completely enclosed building. The outdoor storage of inventory, materials, vehicles, merchandise or other personal property is prohibited.
(4) The maximum size of an individual storage compartment shall be 500 square feet.
(5) No storage unit door opening shall face a residential zoning district.
(6) Ornamental fencing is permitted and encouraged in the front of the building. No fence shall be topped with barbed wire or sharp edged materials.
(7) The Fire Department shall be provided 24-hour access to the grounds. A lockbox or similar mechanism shall be provided for the Fire Department’s use.
(F) Small Wind Energy Systems.
(1) Purpose. The purpose of this section is to establish general guidelines for the location of small wind energy systems. The village recognizes in some specific instances, under carefully controlled circumstances, it may be in the public interest to permit the placement of wind turbine generators in certain areas of the village. The village also recognizes the need to protect the village from unreasonable visual interference, noise radiation and that wind turbine generators may have negative health, safety, welfare and aesthetic impacts upon adjoining and neighboring uses.
(2) Intent.
(a) Protect residential areas from potential adverse impact of wind turbine generators;
(b) Permit wind turbine generators in selected areas by on-site residential, commercial or industrial users, subject to terms, conditions and provisions hereof;
(c) Ensure the public health, welfare and safety of the village’s residents in connection with wind turbine generators; and
(d) Avoid potential damage to real and personal property from the wind turbine generators or anemometer towers or the failure of such structures and related operations.
(3) Minimum Acreage and Maximum Heights Standards.
(a) A wind turbine shall be located on a single lot, with a minimum size of one acre.
(b) Only one wind turbine per lot owned, which must be operated and maintained by the property owner per address only.
(c) The maximum height of any turbine shall be 100 feet, which includes the tower and the maximum vertical height of the turbine’s blades. Maximum height shall be calculated by measuring the length of a prop at a maximum vertical rotation to the base of the tower, which shall be no higher than ground level.
(d) The wind turbine shall be an un-guyed, monopole style tower only.
(4) Setbacks.
(a) Any wind turbine system erected on a parcel of land shall establish a “clear fall zone” from all neighboring property lines and structures, public rights-of-way and utility rights-of-way, as well as any structures on the parcel intended for the turbine.
(b) The wind turbine shall be erected and placed on the lot in such a manner that if it were to fall, the entire system would be contained solely on the property where the turbine was installed, and would not strike any structures, including the primary dwelling and any accessory buildings or uses.
(5) Lighting. The maximum lighting used for or on the structure shall comply with state and federal regulations.
(6) Decibel levels. Decibel levels for the system shall not exceed 60 decibels (dba) measured at the property line.
(7) Color. Color of the unit as well as the location and size of the manufacturers identifying logos shall be included in the plan.
(a) Logos, advertising or other identification markers other than those of the manufacturer and model type are not permitted.
(b) The system, including the prop blades, turbine, cowling and tower shall be painted or coated white, gray or sky blue.
(c) Lettering shall be either black or white and no taller than six inches in height.
(8) Maintenance, construction and installation.
(a) A maintenance schedule as well as an erection and dismantling plan that outlines how the unit will be installed and dismantled shall be required as part of the permit. The plan shall include all potential impacts to neighboring properties and village assets.
(b) All power turbine distribution wire shall be installed underground.
(c) The owner shall notify the Zoning Administrator if operations of the wind turbine cease and the turbine shall be removed within 60 days of cessation of operations at owner’s expense.
(d) No grid-interconnected wind energy system shall be installed until evidence has been provided to the village that the utility company has been informed of the customer’s intent to install a grid-connected customer-owned generator.
(9) Permit Required. A zoning permit shall be required prior to construction of any individual wind turbine system. As part of the permit process, the applicant shall submit an application for conditional use approval as provided in Article 150.67, which shall include:
(a) A map or drawing visually showing the location of all public and private airports in relation to the location of the turbine, as well as any FAA restrictions that may be applicable;
(b) An engineering report performed by an engineer currently licensed to practice in the state that shows the following:
(i) The total size and height of the unit;
(ii) The total size and depth of the unit’s concrete foundation;
(iii) Foundation design sealed and signed by a professional structural engineer currently licensed by the state;
(iv) An average decibel rating for that particular model at the property line;
(v) A list and or depiction of all safety measures that will be on the unit including anti-climb device, grounding devices and lightning protection;
(vi) Data specifying the kilowatt size and generating capacity of the particular unit; and
(vii) Evidence of a “clear fall zone” with manufacturers recommendations.
(c) A scaled site drawing showing the location of the unit in relation to existing structures on the property, roads and other public rights-of-way and neighboring properties, including an aerial view of the existing site and adjoining properties with the tower location identified.
(10) Definitions. For purposes of regulating residential, commercial and industrial use of wind generators, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(a) CLEAR FALL ZONE. An area surrounding the wind turbine unit into which the turbine and or turbine components might fall due to inclement weather, poor maintenance, faulty construction methods or any other condition causing turbine failure, that shall remain unobstructed and confined within property lines of the primary parcel where the turbine is located, the purpose being that if the turbine should fall or otherwise become damaged, the falling structure will be confined to the primary parcel and will not fall onto dwellings, accessory buildings nor intrude onto a neighboring public or private property.
(b) MONOPOD TYPE TOWER. A tower constructed of a single component such as a pipe or tube. Towers of an open web truss style similar to a conventional television tower or radio communications tower, though they may be self-supporting, are not considered monopod types.
(c) PRIMARY STRUCTURE. For each property, the structure that one or more persons occupy the majority of time on that property for either business or personal reasons. PRIMARY STRUCTURES include structures such as residences, commercial buildings, hospitals and day care centers.
(d) PROFESSIONAL ENGINEER. A qualified individual who is licensed to practice as a professional engineer in the State of Ohio.
(e) SMALL WIND ENERGY SYSTEM. A wind driven system generating 30kw or less.
(f) WIND POWER TURBINE OWNER. The person or persons who own the wind turbine structure and the property on which it is constructed.
(g) WIND POWER TURBINE TOWER. The support structure to which the turbine and rotor are attached.
(h) WIND POWER TURBINE TOWER HEIGHT. The distance from the rotor blade at its highest point to the top surface of the wind power generating facility (WPGF) foundation.
(G) Solar Collector Systems, Ground-Mounted and Roof-Mounted.
(1) Solar collector systems shall be limited to small-scale solar collectors and shall be permitted only as an accessory use to provide power for use by owners, lessees, tenants, residents, or other occupants of the premises on which they are erected.
(2) Ground-mounted solar collector systems shall comply with the following:
(a) The minimum lot area shall be five (5) acres, and the ground area covered by the solar panels shall not exceed one (1) percent of the lot area.
(b) The area of the ground mounted solar collectors shall not count toward the maximum lot coverage if the ground below the structure is permeable or substantially pervious to water.
(c) The height of the ground mounted solar collectors and any mounts shall not exceed fifteen (15) feet when oriented at maximum tilt.
(d) In Residential Districts, ground mounted solar collectors and associated equipment shall be located in a rear yard and comply with the minimum side and rear setbacks for principal buildings in the applicable zoning district.
(e) In Nonresidential Districts, ground mounted solar collectors and associated equipment shall be located in a side or rear yard and comply with the minimum side and rear setbacks for principal buildings in the applicable zoning district.
(f) Ground mounted solar collectors shall be designed and located in an arrangement that minimizes glare or reflection onto adjacent properties and adjacent roadways, and does not interfere with traffic or create a safety hazard.
(g) All ground mounted solar energy collector systems shall be enclosed by a fence or wall six feet in height, and a landscaping buffer shall be provided around the perimeter of any portion of a ground mounted solar collector system that is visible from an adjacent residentially used property or a public street. All landscaping shall be maintained in compliance with Article 150.39.
(3) Roof-mounted solar collector systems are permitted as an accessory use when attached to a principal or accessory building and installed in conformance with the following:
(a) Roof-mounted solar panels that are integrated with the surface layer of the roof structure or are mounted flush with the roof structure are permitted on any roof surface of a principal building or accessory building.
(b) For flat roofs or the horizontal portion of mansard roofs, the solar panels may extend up to three (3) feet above the highest point of the roof.
(c) For pitched, hipped, or gambrel roofs, whenever solar panels are located visible from a public street, the panels shall be mounted at the same angle as the roof’s surface with no more than 18 inches between the roof and the upper side of the solar panel.
(d) Solar collectors shall be considered part of the building and shall comply with all building height and setback requirements.
(e) Glare. Solar panels shall be placed and arranged such that reflected solar radiation or glare shall not be directed onto adjacent buildings, properties or streets.
(4) Utility Connections.
(a) All exterior utility lines for ground mounted solar energy systems shall meet all applicable building and electric codes.
(b) If the proposed solar collector system is to be connected to the electricity power grid through net metering, the owner must receive written approval from the electric utility service provider that serves the proposed site. Copies of the written approval shall be submitted with the zoning permit application.
(5) In the event a solar collector ceases its useful intended operation for a period of six (6) months, the solar collector shall be considered abandoned. The owner/operator shall remove the non-functioning collector within 180 days after receipt of a notice from the Zoning Inspector to do so. Removal shall consist of the physical removal of all solar collector panels, mounts and associated equipment, from the site, the disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations, and, for ground-mounted solar panels, the stabilization or revegetation of the site as necessary to minimize erosion.
(H) Utility Substation and Transmission Facility.
(1) Facilities shall be limited to structures that are essential for the distribution of services to the local area or when topographical features restrict the location of such facility.
(2) Utility Substations and Transmission Facility, as measured from the outermost edge of the facility, shall be located a minimum of 50 feet from any residential property line.
(3) Natural or man-made barriers shall be provided to lessen any impact on and views from an adjacent residential area. In making this determination, the proximity of residential uses, the form of surrounding built environment, and the location and type of surrounding land uses shall be considered by the Planning Commission.
(4) Fences and walls, in excess of six (6) feet in height, shall be setback from every public street right of way line a distance no less than twelve (12) feet and shall be setback from every other property line a distance of no less than ten (10) feet. Within these setbacks, evergreen shrubs and trees shall be planted in conformance with § 150.397(G)(1)(a).
(5) Storage of materials shall be within a completely enclosed building.
(I) Wireless Telecommunication Facilities.
(1) Purpose. These regulations are established to provide for the construction and use of wireless telecommunication facilities, which shall include all antennas, towers, and support structures, within areas of the village as permitted herein except for noncommercial antennas in residential districts. The intent of these regulations is to balance the competing interests created by the Federal Telecommunication Act of 1996, Public Law 104-104, and the interests of the village in regulating wireless telecommunication towers and related facilities for the following purposes:
(a) To protect residential areas and avoid potential damage to adjacent properties from wireless telecommunication antennas, towers, support structures and facility failure;
(b) To protect property values;
(c) To encourage the joint use of any new and existing wireless telecommunication towers and related facilities to minimize the number of such structures within the village; and
(d) To minimize the adverse visual effects of wireless telecommunication towers and related facilities.
(2) Accessory Use. Whenever a wireless telecommunication facility is permitted in a district, it shall be permitted as an accessory use to an existing principal use, as noted below, requiring conditional use approval in compliance with Article 150.67.
(3) Antenna Attached to an Existing Building. An antenna for a wireless telecommunication facility may be attached to an existing residential building four or more stories in height or to an existing nonresidential structure subject to the following conditions.
(a) Maximum height. The antenna shall not extend more than 20 feet above the roof of the existing building or top of the existing structure.
(b) Roof setback. The pole structure supporting such antenna shall be set back one foot from the edge of such roof for each one foot of height above such roof. This requirement shall not apply to antennas two inches or less in thickness without a supporting pole structure.
(c) Separate equipment shelter. If the applicant proposes to locate the telecommunication equipment in a separate equipment shelter, not located in or attached to the building, the equipment shelter shall comply with the accessory building regulations of the district and not be located above the ground within any required front or side yard.
(d) Vehicular access. Vehicular access to the equipment shelter shall be via the existing circulation system and be paved with asphalt or concrete.
(4) Tower. A freestanding wireless telecommunication tower may be erected as an accessory use to a public or institutional use within a residential zoning district, provided the Planning Commission finds the following standards have been met.
(a) Minimum lot size for principal use. The minimum lot size for principal use for which the tower is accessory shall be five (5) acres.
(b) Minimum setback from property lines and residential structures. The minimum setbacks and yard requirements shall be established by the Planning Commission.
(c) Maximum height. The height of such tower shall be subject to approval by the Planning Commission and be the minimum height necessary.
(d) Equipment shelter. The minimum setbacks, height limits, bulk requirements and screening standards shall be established by the Plan Commission during the conditional use process. Such shelter shall not be located above ground in any required front or side yard.
(e) Required buffer. A buffer screen shall be planted around the perimeter of the site.
(5) Vehicular access. Vehicular access to the equipment shelter shall be via the existing circulation system and be paved with asphalt or concrete.
(6) Noncommercial Antennas in Residential Districts. Noncommercial antennas for individual, private use, such as but not limited to, amateur radio antennas, shall comply with the regulations in Article 150.21.
(Ord. 2023-03, passed 2-27-2023)