Zoning Resolution Article 22
SUPPLEMENTARY DISTRICT REGULATIONS
The purpose of supplementary district regulations is to set specific conditions for various uses, classifications of uses, or areas wherein problems may occur, in order to alleviate or preclude such problems and to promote the harmonious exercise of property rights without conflict.
22.1 Conversions of Dwellings to More Than One Unit
A residence may not be converted to accommodate an increased number of dwelling units unless all of the following conditions are met:
1. The conversion is in compliance with all other local codes and resolutions and any applicable state or federal regulations;
2. The district within which the residence is located is so regulated as to allow such an increase in dwelling units;
3. The yard dimensions still meet the yard dimensions required by the zoning regulations for new structures in that district;
4. The lot area per family equals the lot area requirements for new structures in that district;
5. The floor area per dwelling unit is not reduced to less than that which is required for new construction in that district;
6. The conversion is in compliance with all other relevant codes and resolutions.
22.2 Principal Building Per Lot
No more than one principal building or structure may be constructed upon any one residential lot for the purposes of this resolution. Rear dwelling shall be prohibited and shall be considered nonconforming uses subject to the requirements of Article 6 of this resolution.
22.3 Reduction of Area or Space
No lot, yard, parking area or other space shall be reduced in area or dimension if such reduction has the effect of making the lot, yard, parking area other space less than the minimum required by this resolution.
22.4 Construction in Easements
Easements for installation, operation and maintenance of utilities and drainage facilities are reserved as shown on each plat when recorded or otherwise established. Within these easements, no permanent building or structure shall be placed or permitted which may damage or which may interfere with the installation, operations and maintenance of such utilities or which may change the normal direction of flow of drainage channels within the easement. The easement area of each lot and any improvements within it, shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or a utility is responsible.
22.5 Prohibited Uses for Mobile Homes
Individual mobile homes shall be prohibited in all districts. A permit may be issued by the Zoning Inspector for a period not to exceed one year to a construction company for the use of a trailer as a field office.
The Zoning Inspector may also issue a temporary permit for a mobile home in the event the principal residence is severely damaged by fire, flood or natural calamity. He shall check frequently to see that repairs are being made.
22.6 Parking and Storage of Vehicles and Trailers
Commercial tractors and trucks, commercial vans and trucks over 26,000 GVW, buses, semi-trailers, shall not be parked or stored on any property within a residential zoning district, except those commercial vehicles conveying the necessary tools, materials and equipment to a premise where labor using such tools, materials and equipment is to be performed during the actual time of parking. No automotive vehicles or trailers of any type without current license plates shall be parked or stored on any residential property other than in a completely enclosed building. No automotive vehicles or trailers, disabled or inoperable, shall be parked or stored on any residential property other than in a completely enclosed building.
A maximum of one boat or one unoccupied vehicle may be stored in the rear yard or side yard of any residentially zoned property if it has a current license, meets the requirements of this resolution for accessory structures and is screened according to the requirements of this resolution.
This does not apply to vehicles with “farm licenses” or farm equipment.
22.7 Required Refuse Collection Areas
The refuse collection areas provided by all commercial, industrial and multi-family residential uses for the collection of trash, garbage and other refuse shall be enclosed on three sides by a solid wall or fence of at least four (4) feet in height, unless within an enclosed building or structure. Provisions shall be made for regular and adequate vehicular access to such areas for collection purposes, as determined necessary by the Zoning Inspector. In addition, the following requirements shall be met:
1. The storage of hazardous or toxic materials or wastes shall not be permitted without documented approval of the Ohio Environmental Protection Agency.
2. Materials or wastes which might cause fumes or dust or otherwise constitute a fire hazard, or which may attract rodents or insects, shall be stored only in closed containers constructed of impervious materials.
3. Storage areas in residential districts shall utilize such additional screening as required in this resolution.
The accumulation or storage of junk, junk vehicles, operable or inoperable, with or without parts removed, disabled or inoperative machinery or equipment, vehicles or machinery parts, rags or other discarded objects or debris defined in the Ohio Revised Code shall be prohibited, outside an approved junk yard, in order to protect residents from conditions conducive to the infestation and breeding of vermin, insects and rodents.
22.9 Supplemental Yard and Height Regulations
In addition to the regulations specified in other sections of this resolution, Section 22.9 to 22.14 inclusive shall be used for clarification and interpretation.
22.10 Setback Requirements for Buildings on Corner Lots
The minimum required width of a side yard abutting a street shall be one-half (½) the minimum required front yard depth for the district. Parking within this side yard is prohibited.
22.11 Fences, Walls and Other Effective Barriers
All fences of any type or description shall conform to the following requirements:
a. A zoning certificate is required for the erection, construction or alteration of any fence, wall, mound or other type of protective barrier which shall conform to the requirements of the zoning districts wherein they are required because of land use development and to the requirements of this section.
b. No fence, wall, structure, mound of planting shall be erected, established or maintained on any corner lot which will obstruct the view of a driver of a vehicle approaching the intersection. Such unobstructed corner shall mean a triangular area formed by the street property lines and a line connecting them at points twenty-five (25) feet from the intersections of the street lines or the case of a round property corner, from the intersection of the street property lines extended.
c. This shall not prohibit the establishment of shrubbery thirty (30) inches or less in height. Shade trees would be permitted where all branches are not less than eight (8) feet above the road level.
2. FENCES IN RESIDENTIAL DISTRICTS AND PROPERTY USED IN A RESIDENTIAL MANNER
a. Fences, walls and planting must be set back at least eight (8) feet from the road right-of-way; two (2) feet from sidewalks.
Applicants should request the Zoning Inspector to designate road right-of-way when obtaining permits.
b. Fences and walls may be permitted along the lines of a side yard to a height of not more than four (4) feet above grade and along the lines of the rear yard to a height of not more than six (6) feet above grade, provided that any fence shall be of uniform design, painted and/or otherwise well maintained.
c. Plantings, fences and walls in front yards: No fence, wall or hedge shall rise over four (4) feet in height on any required front yard and shall be of uniform design, painted and/or otherwise well maintained. No fence, wall or hedge planting shall interfere with visibility from a driveway. The Zoning Inspector is hereby empowered to cause all such obstruction to be removed in the interest of public safety.
d. Driveway or Security gates must be set back at least eight (8) feet from the
road right- of -way; two (2) feet from sidewalks. Gates must be at least
twelve (12) feet in width with a maximum height of six (6) feet above grade.
Fencing on either side of gate may reach a height of six (6) feet above grade
with a maximum width of eight (8) feet each side, provided that any fence
or gate shall be of uniform design, painted and/or otherwise well maintained.
e. Livestock fences in a residential district front yard shall be at the required
fifty (50) foot set-back.
f. Where adjacent property lines, due to the configuration of the lots, have
different provisions regulating the construction of fencing or wall, the more
restrictive provision shall apply.
g. All screening shall be trimmed, maintained in good condition and free of
advertising or other signs, except for directional signs and other and other
signs so that visibility is not obstructed at intersections or drives. Fences
shall be clear of all writing and graffiti.
h No mounds of dirt (privacy mounds) in a residential district shall be more
than five (5) feet in height, and must have a ten (10) foot minimum set
back from all right-of-ways. All privacy mounds must be covered with
plantings (grass or ground cover) as soon as the growing season permits
i. No barbed wire, spike tips or electrically charged fences shall be permitted
in any residential district or on property used in a residential manner, except
where required for public uses.
j. Fences which enclose public or institutional parks, playgrounds or public
landscaped areas shall not exceed eight (8) feet in height, measured from
the surface of the ground and shall not obstruct vision to an extent greater
than twenty-five (25%) percent of the total area and shall be set back at
least five (5) feet from road right-of-way; two (2) feet from sidewalks and
inside all property lines.
k. In-ground swimming pools shall be provided with a protective fence four
(4) feet in height, the entry shall be provided by means of a controlled gate.
l. Above-ground swimming pools are not required to be fenced, but must
have controlled entrances and removable or “swing-up” steps.
3. FENCES IN COMMERCIAL DISTRICTS
a. Fences in commercially zoned districts shall be limited to a height of eight (8) feet and be of sturdy construction and uniform design, painted and/or otherwise well maintained.
b. Fences in commercially zoned districts shall be set back at least twenty-five (25) feet from the road right-of-way (see a, paragraph 2).
c. The use of barbed wire on fences in commercially zoned districts shall require approval of the Zoning Board of Appeals and the following conditions shall be met:
1. Barbed wire may be used on security fencing but shall be limited to three strands.
2. Barbed wire shall not project beyond the property line.
3. Barbed wire shall not be used less than eight (8) feet from grade.
4. FENCES IN INDUSTRIAL DISTRICTS
a. Fences in industrially zoned districts shall be limited to a height of eight (8) feet and be of sturdy construction, of uniform design and painted or otherwise well maintained.
b. Fences in industrially zoned districts shall be set a least twenty-five (25) feet from the road right-of-way (see a, paragraph 2) and adjacent side and rear property lines.
c. Barbed wire may be used on security fencing in industrial districts, subject to the following regulations:
1. Barbed wire shall be limited to three strands.
2. Barbed wire shall not project beyond the property line.
3. Barbed wire shall not be used less than six (6) feet from grade.
5. FENCES IN AGRICULTURAL DISTRICTS
a. There are no restrictions on barbed wire fencing for agricultural purposes.
22.12 Yard Requirements for Multi-Family Dwellings
Multi-family dwellings shall be considered as one building for the purposes of determining front, side and rear yard requirements. The entire group as a unit shall require one front, one rear and two side yards as specified for dwellings in the appropriate district. Each individual building shall meet all yard requirements for the appropriate district as though it were on an individual lot.
22.13 Exceptions to Height Regulations
The height limitations contained in the district regulations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys or other appurtenances usually required to be placed above the roof level and not intended for human occupancy except where the height of such structures will constitute a hazard to the safe landing and take off of aircraft at an established airport.
22.14 Architectural Projections
Open structures such as porches, canopies, balconies, platforms, carports, covered patios and similar architectural projections shall be considered parts of the building to which attached and shall not project into the required minimum front, side or rear yard.
22.15 Objectionable, Noxious or Dangerous Uses
No land or building in any district shall be occupied or used in any manner which creates or contributes to the existence of conditions which are dangerous, injurious, harmful, noxious or objectionable or which may otherwise adversely affect surrounding areas of adjoining premises, except that any use permitted by this resolution may be undertaken or maintained if acceptable measures and safeguards to reduce any dangerous or objectionable conditions to acceptable limits, as established in this section, are properly exercised. Specifically, the occupation or use of any land or building in any district shall be in violation of this resolution if one or more of the following conditions is found to exist at any time.
1. The use or storage of flammable or explosive materials is not adequately protected by fire fighting and fire protection equipment or by such safety devices as are normally required for such activities;
2. Activities involving the use and storage of flammable and explosive materials are not removed from adjacent facilities or activities to a distance compatible with the potential danger involved;
3. Radioactivity or air pollution is present in violation of the regulations of the Ohio Environmental Protection Agency;
4. Hazardous wastes are present in violation of the regulations of the Ohio Environmental Protection Agency;
5. Objectionable noise as would disturb a person of ordinary sensitivity due to volume, frequency, beat or time of day or night;
6. Vibration discernible by the Zoning Inspector without instruments is present on an adjoining lot or property;
7. Direct or reflected glare is present which is visible from any street or from any property not within a manufacturing district;
8. Erosion caused by wind or water is carrying objectionable substances onto any adjacent lot or property.
9. Water pollution or contamination is present in violation of the regulation of the Ohio Environmental Protection Agency.
22.16 Enforcement Provisions
Any occupancy, use, conditions or circumstances existing in violation of Section 22.15 of this resolution shall constitute a violation of this resolution and be subject to the enforcement procedures contained in Article 5.
22.17 Temporary Uses
The following regulations are necessary to govern certain uses which are of non-permanent nature. For such uses requiring temporary zoning permits, at least seven days before the instigation of such use an application for a zoning permit shall be made to the Zoning Inspector, which shall contain a graphic description of the proposed use and a site plan, with sufficient information to determine the yard, setback, parking and sanitary facility requirements for the proposed temporary use.
The following uses are deemed to be temporary uses and shall be subject to the specified regulations of any district in which they are located:
1. Real estate sales offices, which shall contain no living accommodations, shall be permitted within any district for any new subdivision for a period of one year, except that two six-month extensions may be granted if conditions warrant. Such offices shall be removed upon the completion of the sales of the lots therein, or upon the expiration of the zoning permit, whichever occurs first.
2. Temporary offices, mobile homes, travel trailers and equipment and storage facilities required in conjunction with construction activity may be permitted in any district for a period of one year, except that one six month extension may be granted if construction is seventy-five (75) percent completed before the issuance of the temporary use permit. Such uses shall be removed immediately upon completion of construction or upon expiration of the zoning permit, whichever occurs first. (EFFECTIVE 12/15/97)
3. Temporary sales and services may be permitted within parking area within any commercial district. A zoning permit valid for a period not to exceed four consecutive days shall only be issued three times within any twelve month period to any individual or organization. The application for the temporary zoning permit shall be accompanied by written permission of the property owners and shall be prominently displayed at the site. The Zoning Inspector shall not issue a permit for such temporary use if he determines that is encroaches upon more than twenty-five percent of the required parking area and minimum of twenty-five spaces for car washes.
4. Garage sales, which for the purposes of this section shall include yard sales, barn sales and similar activities, may be permitted within any district in which dwellings are permitted. Any individual or family may conduct two such sales within any twelve month period upon the property at which he or they reside for a period not to exceed three consecutive days without obtaining a zoning permit, so long as the provisions of this resolution pertaining to signs and parking are observed. Garage sale permits shall only be issued to groups of families, neighborhood organizations and community organizations two times within any twelve month period and shall not exceed a period of three consecutive days, so long as the provisions of this resolution pertaining to signs and parking are observed.
5. Non-residents (visitors) in trailers or recreational vehicles are permitted to live in these vehicles for a maximum of thirty days per year provided the vehicle is located in the side or rear yard areas and shall meet the minimum rear and side yard setback requirements as well as satisfactory sanitary requirements for the district in which they are located.
A landscaping area may be required to screen and protect neighboring properties and passing motorists from the view of facilities, buildings and parking areas of the site development, as warranted. Landscaped areas are subject to the following:
1. Screening shall be provided for one or more of the following purposes:
a. A visual barrier to partially or completely obstruct the view of structures or activities.
b. An acoustic screen to aid in absorbing or deflecting noise.
c. A physical barrier to contain debris and litter.
2. Screening may consist of one of the following, or a combination of two or more, as determined by the Zoning Inspector or Board of Zoning Appeals, in the event of an appeal, variance or conditional use:
a. A solid masonry wall;
b. A solidly constructed decorative fence;
c. A louvered fence;
d. A dense vegetative planting;
e. A landscaped mounding.
3. Height of screening shall be in accordance with the following:
a. Visual screening walls, fences, plantings or mounds shall be a minimum of five (5) feet high in order to accomplish the desired screening effect, except in required front yards where maximum height shall not be greater than two and one-half (2½) feet.
b. A dense vegetative planting with a minimum height of four (4) feet at planting and a mature height of at least five (5) feet or greater, or a solidly constructed decorative fence, shall be permanently maintained along the mutual boundary of an accessory parking area and adjacent land zoned for residential uses, except for the portion of such boundary located within a required front yard.
4. Screening for purposes of absorbing or deflecting noise shall have a depth of at least twenty-five (25) feet of dense planting or a solid masonry wall in combination with decorative plantings. The height shall be adequate to absorb noise in relation to the nature of the use. Additional screening shall be required if the initial screening is found to be inadequate.
5. Whenever required screening is adjacent to parking area or driveways, such screening shall be protected by bumper blocks, posts or curbing to avoid damage by vehicles.
6. All screening shall be trimmed, maintained in good condition and free of advertising or other signs, except for directional signs and other signs for the efficient flow of vehicles.
22.19 Site Plan Review
It is the intent of this section to protect the health, safety, convenience and general welfare of the inhabitants of the township. The site plan review regulates the development of structures and sites in a manner which considers the following concerns and, where necessary, required modification of development proposals to eliminate or minimize potential problems and nuisances. The principal areas of concern are:
a. The balancing of landowner’s rights and to use their land, with the corresponding rights of abutting and neighboring landowners to live without undue disturbances (e.g. noise, smoke, fumes, dust, odor, glare, stormwater runoff, etc.);
b. The convenience and safety of vehicular and pedestrian movement within the site and in relation to adjacent areas or roads;
c. The adequacy of waste disposal methods and protection from pollution of surface or groundwater; and
d. The protection of historic and natural environmental features on the site under review and in adjacent areas.
B. Projects Requiring Site Plan Review
No permit for the construction, exterior alteration, occupancy or change in use of any building shall be given and no existing use shall be established or expanded in floor area except in conformity with a site plan approved by the Zoning Inspector. Site plan review shall also be required for the resumption of any use discontinued for more than two years or for the expansion of any existing use. Required approval includes proposals for commercial, industrial, office, multiple dwelling residential developments, municipal, institutional, utility, fraternal or recreational purposes.
C. Exemptions From Site Plan Review
a. The construction or enlargement of any single family or two family dwelling or building accessory to such dwelling;
b. The construction or alteration of any building used exclusively for agriculture, horticulture or floriculture;
c. Construction or alteration providing for not more than two hundred (200) square feet total floor area after construction;
d. Customary home occupations, as defined by the zoning by-laws.
1. Three copies of the application for site plan review shall be filed with the Zoning Inspector. A copy of the site plan shall be submitted to the clerk to be kept on file.
2. The Zoning Inspector within thirty days after determining that the application is complete, shall approve or disapprove the site plan;
a. Approval of the site plan based upon a determination that the proposed plan will constitute a suitable development and is in compliance with the standards set forth in this resolution;
b. Disapproval of the site plan based upon a determination that the proposed project does not meet the standards for review set froth in this resolution; or
c. If site plan is not approved, applicant may require review by the Board of Zoning Appeals who may approve the site plan subject to any conditions, modifications and restrictions;
d. Zoning permit to be issued thirty days after site plan approval.
E. Submission Requirements
The site plan shall include the following data, details and supporting plans. The number of pages submitted will depend on the proposal’s size and complexity. All of the requirements must be met in each plan with notations explaining the reasons for any omissions.
The Zoning Inspector may, based on the size and complexity of the development, require site plans prepared by a registered professional engineer, architect or landscape architect at a scale of one (1) inch equals two hundred (200) feet, on standard 24” x 36” sheets, with continuation on 8½ “ x 11” sheets as necessary for written information.
Items Required for Submission Include:
1. Survey plan of the development area.
2. Name of the project, boundaries and location map showing site’s location, north arrow and scale of the plan.
3. Name and address of the owner of record, developer and seal of the engineer, architect or landscape architect.
4. Names and addresses of all owners of record abutting parcels and those within three hundred (300) feet of the property line.
5. All existing lot lines, easements and rights-of-way, include area in acres or square feet, abutting land uses and the location and uses of structures within three hundred (300) feet of the site.
6. The location and use of all existing and proposed buildings and structures within the development, include all dimensions of height and floor area.
7. The location of all present and proposed public and private ways, parking areas, driveways, sidewalks, ramps, curbs, fences, paths, landscaping, walls and fences. Location, type and screening details for all waste disposal containers shall also be shown.
8. The location, height, intensity and bulk type (e.g. fluorescent, sodium incandescent) of all external and methods to eliminate glare onto adjoining properties must also be shown.
9. The location, height, size, materials and design of all proposed signage.
10. The location of all present and proposed utility systems including:
sewage or septic system;
water supply system;
telephone, cable and electrical systems; and
storm drainage system including existing and proposed drain lines, culverts catch basins, headwalls, endwalls, hydrants, manholes and drainage swales.
All stormwater drainage plans to be developed in accordance with Erie County Stormwater and Sediment Control Regulations.
11. Plans to prevent the pollution of surface or groundwater, erosion of soil both during and after construction, excessive runoff, excessive raising or lowering of the water table and flooding of other properties, as applicable.
12. A landscape plan showing all existing natural land features, trees, forest cover and water sources and all proposed changes to these features including size and type of plant material. Water sources will include ponds, lakes, brooks, streams, wetlands, floodplains and drainage retention areas.
13. Zoning district boundaries of adjacent properties shall be drawn and identified on the plan.
14. Traffic flow patterns within the site, entrances and exits, loading and unloading areas, curb cuts on the site and within one hundred (100) feet of the site.
The Zoning Inspector may require a detailed traffic study for large developments for those in heavy traffic areas to include:
a. The projected number of motor vehicle trips to enter or leave the site, estimated for daily and peak hour traffic levels;
b. The projected traffic flow pattern including vehicular movements at all major intersections likely to be affected by the proposed use of the site;
15. For new construction or alterations to any existing building, a table containing the following information must be included:
a. Area of building to be used for a particular use such as retail operation, office, storage, etc.;
b. Maximum number of employees;
c. Maximum seating capacity, where applicable; and
d. Number of parking spaces existing and required for the intended use.
16. Elevation plans when required by the Zoning Board of Appeals.
F. Standards for Review
The Zoning Inspector shall review the site plan and supporting documents, taking into consideration the reasonable fulfillment of the objectives listed below. Detailed design guidelines and performance standards shall be adopted by the Zoning Board of Appeals to guide decisions with respect to these objectives and to help ensure consistency in the review of all applications.
Conformance with the provisions of the regulations of the township and all applicable rules and regulations of state and federal agencies.
Convenience and safety of both vehicular and pedestrian movement within the site and in relationship to adjoining ways and properties.
Provisions for the off-street loading and unloading of vehicles incidental to the normal operations of the establishment, adequate parking, adequate lighting, and internal traffic control.
4. Pollution Control
Adequacy of methods for sewage and refuse disposal and the protection from pollution of both surface waters and groundwater. This includes minimizing soil erosion both during and after construction.
Protection of abutting properties and township amenities from any undue disturbance, caused by excessive or unreasonable noise, smoke, vapors, dust, odors, glare, stormwater, runoff, hazardous materials, etc.
6. Existing Vegetation
Minimizing the area over which existing vegetation is to be removed. Where tree removal is required, special attention shall be give to planting of replacement trees.
The applicant’s efforts to integrate the proposed development into the existing landscape through design features such as vegetative buffers, roadside plantings and the retention of open space and agricultural land.
22.20 Setback on Cul-de-sacs
Each lot or parcel on a cul-de-sac, curved street or dead end street shall meet the minimum lot width requirement at the required front yard setback of the zoning district.
No persons shall erect any building or structure on a lot or use any lot in any zone unless such lot has frontage on a duly dedicated, improved and accepted public street. Nothing in this section shall prevent the use of an existing dwelling on a lot having access to a public road via a private road subject to the provisions of the existing district in which the lot is located.
22.22 Access to Public Roads
The Board of Zoning Appeals in the granting of any variance or conditional zoning permit or the approval of any site, has the authority to impose any or all of the following provisions upon the access to any public road or streets which abut the property:
a) The location, width, radius and number of all driveways entering into any public or road;
b) A requirement that barriers be installed and maintained to prevent ingress or egress from a public street or road at locations other than designated driveways;
c) A limitation upon ingress or egress from certain public streets or roads where the property abuts more than one street or road;
d) A requirement that culverts be placed parallel to the road right-of-way so as to not interfere with the existing flow of surface water. The size of the culvert shall be based upon accepted engineering standards;
e) A limitation upon the direction which traffic exiting the property may turn onto the public street or road.
22.23 Stormwater Regulation
The Zoning Inspection, in the approval of any site plan and before issuing a permit for residential, commercial or industrial, shall require certification from the Erie County Engineer that the proposed project complies with the County Stormwater Regulations and that he has approved said plans.
Noncommercial keeping of Livestock
In any platted subdivision within this township approved under R.C. 711.05, 711.09
or 711.10 or any other area consisting of fifteen or more lots approved under
R.C.711.131 that are contiguous to one another and adjacent to one side of a
dedicated public road and the balance of which are adjacent to another and adjacent
to the opposite side of the same dedicated road (1) the keeping of traditional farm
animals or poultry on lots of one acre or less shall be prohibited; (2) the keeping on lots of
more than one acre but less than five acres when at least thirty-five percent of the lots
within the subdivision are developed with at least one building, structure or
improvement subject to real estate taxes shall be prohibited.
b. In all residential districts within the township no person shall keep more than three
dogs, cats or other non-agricultural family pets, except newborn animals for a period
of sixty days after birth.
c. No person shall keep within this township exotic or dangerous animals including but
not limited to lions, tigers, leopards, cheetahs, panthers, cougars, mountain lions,
bobcats, bears, wolves, foxes, apes, gorillas, poisonous or constrictor snakes,
crocodiles or alligators.
d. Lots greater than 5 acres will be regulated by Section 519.21, Division B, Ohio
22.25 Wind Turbines
The purpose of this section is to preserve and protect the public health and safety and to promote the orderly land use and development of Vermilion Township by the implementation of standards and procedures for the installation of wind turbines.
For purposes of regulation of residential, commercial and individual use of wind turbine generators.
Accessory Structures: Structures such as sheds, storage sheds, pool houses, unattached garages and barns.
Applicant: The person or entity filing an application for a permit under this article.
Anemometer: An instrument that measures the force and direction of the wind.
Clear Fall Zone: Means 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 the property lines of the primary parcel where the turbine is located at; the purpose being that if the turbine should fall or otherwise become damaged, the failing structure will be confined to the primary parcel. (Effective 5/7/10)
Cowling: A streamlined removable metal that covers the turbine’s nacelle.
Decibel: a unit of relative loudness equal to ten times the common logarithm of the ratio of two readings. For sound, the decibel scale runs from zero for the least perceptible sound to 130 for sound that causes pain.
Manufacturer’s Recommendations: The specific recommendations made by the manufacturer of the wind turbine unit.
Monopole: a wind turbine tower that is a freestanding design without guy wires or lattice supports.
Nacelle: A separate streamlined metal enclosure that covers the essential mechanical components of the turbine.
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 residences, commercial buildings, hospitals and day care facilities. Primary structures exclude structures such as hunting sheds, storage sheds, pool houses, unattached garages and barns.
Professional Engineer: A qualified individual, who is licensed as a Professional Engineer in the State of Ohio.
Wind Turbine Generator: A machine which runs on the energy generated by a wheel of adjustable blades or slats rotated by the wind.
Wind Turbine Owner: The person or a person who owns the Wind Turbine structure.
Wind Turbine Tower: The support structure to which the turbine and rotor are attached.
Wind Turbine Tower Height: Maximum height shall be considered the total height of the turbine system from ground level to the blade extended at its highest point or to the top of the tower, whichever is the highest.
All wind turbines of any type or description shall conform to the following requirements:
3. GENERAL: Wind turbines shall be a permitted use in all districts under the following requirements:
Height: The maximum height of any turbine shall be one hundred (100) feet. For purposes of this particular zoning item, maximum height shall be considered the total height of the turbine system including the tower, and the maximum vertical height of the turbine blades. Maximum height shall be calculated by measuring the length of a prop at a maximum vertical rotation to the base of the tower.
Setbacks: The following shall apply in regard to setbacks:Any turbine erected on a parcel of land shall establish a “clear fall zone” from all neighboring property lines and right-of-ways. The clear fall zone shall be not less than 100 percent of the maximum turbine height as measured on a radius from the base of the turbine tower. A turbine shall be erected and placed in such a manner that, if it were to fall, whatever direction the fall occurs would be contained solely on the property where the turbine is located. (Effective 5/7/10)
Construction Requirements: Wind turbines must have a freestanding monopole design with no lattice supports or guy wires.
Aesthetics: The following provisions shall be applied to the aesthetics issue of wind turbines: The turbine including prop blades, turbine cowling and tower shall be painted or coated white, gray or sky blue. Logos or other identification markers, other than those of the manufacturer shall not be permitted anywhere on the turbine.
Maintenance: Wind turbines must be maintained in good working order. The maintenance records must be kept and available for inspection. Manufacturer’s records for preventative maintenance shall apply. Turbines that become inoperable for more than one (1) year must be removed by the owner within sixty (60) days of issuance of zoning violation. Removal includes removal of all apparatus, supports and/or other hardware associated with the existing turbine.
Noise Level: The noise level of the turbine shall not exceed sixty (60) decibels (i.e. a person talking in a normal tone of voice) at the nearest neighboring property line. This information shall be included in the required engineering report and shall be obtained from the manufacturer of the wind turbine. If there is a complaint about noise, the wind turbine owner is required to submit within 30 days a current decibel reading report signed by an authorized source. Those turbines not meeting this requirement will be issued a zoning violation and be required to shut down immediately until the required decibel levels are met.
Capacity: The wind powered turbine generator shall have a capacity not to exceed 100 kilowatts and shall service only the site or power grid for which it is built.
A. A zoning permit and a building permit are required for the erection and construction of any wind turbine which shall conform to the requirements of the zoning districts wherein they are required because of land use development and the requirements of this section.
B. Applicant shall then provide the Township Zoning Inspector with the following items and/or information when applying for the permit:
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 to the turbine installation.
2. An engineering report that shows:
The total size and height of the unit.
The total size and depth of the unit’s concrete mounting pad.
Manufacturer’s decibel rating for the proposed turbine unit.
A list and/or depiction of all safety measures that will be on the unit including anti-climb devices.
Data specifying the kilowatt size and generating capacity of the proposed unit.
Applicant shall provide the zoning inspector with a stamped inspection form that certifies that the tower will be installed according to sound engineering practices.
A site drawing showing the location of the unit in relation to existing structures on the property, roads and other public right of ways and neighboring properties.
Evidence of a “clear fall zone” with manufacturer’s recommendation must be attached to the required engineering report.
Color of the unit as well as the location and size of the manufacturer’s identifying logos shall be included in the plan.
A maintenance schedule as well as a dismantling plan that outlines how the unit will be dismantled shall be required as part of the permit application.
22.26 Outdoor Wood Furnaces (Referred to as outdoor wood boilers or outdoor wood hydronic heaters)
Outdoor wood furnace – Solid fuel burning hot water furnace that is a freestanding unit situated outside the envelope of the structure to be heated.
Chimney – Any flu or flues that carry off exhaust from an outdoor wood furnace firebox or burn chamber.
Manufacturer’s Recommendations – the specific recommendations made by the manufacturer of the outdoor wood furnace unit.
PERMIT TO INSTALL
No person shall install, or cause to be installed any outdoor wood furnace without first obtaining a required permit(s).
The applicant shall provide a site plan depicting the location of the proposed installation on the property, including distances from existing, adjacent structures. The site plan must also show distances from the closest structures or adjacent structures to the proposed installation lot. The height of the chimneystack will be noted on the drawing.
Outdoor wood furnaces shall be permitted in all districts.
Outdoor wood furnaces shall only be located in the rear yard.
Outdoor wood furnaces shall be located 25 feet from the side lot, 25 feet from the rear lot, and a minimum of 300 feet from any residence and/or primary structure that is not served by the outdoor wood furnace.
The outdoor wood furnace shall be located on the property in compliance with the manufacturing specifications for clearance to combustibles, a minimum of ten (10) feet.
The outdoor wood furnace shall be no closer to the structure served than required by the manufacturing specifications.
CHIMNEY HEIGHTS FOR NEW AND EXISTING OUTDOOR WOOD FURNACES
The outdoor wood furnace chimney shall meet the manufacturer’s specifications for new furnaces.
If there is an existing outdoor wood furnace already installed and there is new construction of a residence not served by the outdoor wood furnace, then the owner of such outdoor wood furnace shall conform to the stack height requirements of this regulation within 30 days of the date such construction is complete and upon written notice from the building department.
No person shall burn fuel in any outdoor wood furnaces other than the fuel recommended by the manufacturer.
Exception: Regardless of any manufacturer recommendation, the burning of trash, plastics, gasoline, naphtha, household garbage, material treated with petroleum products, particle board, railroad ties, telephone poles, pressure treated wood, leaves, paper products and cardboard, or any other material that may cause offensive or noxious odors, smoke, airborne ash or debris is prohibited.
MAINTENANCE OF UNIT
The exterior of any outdoor wood furnace shall be maintained and kept in good working condition in accordance with the manufacturer’s maintenance recommendations.
Whoever violates any provision of these regulations is guilty of a minor misdemeanor.