(a)   Loading Space; When Required. In any district, in connection with any building or part thereof hereafter erected or altered which is to be occupied by manufacturing, stores, warehouses, goods display, retail commercial, wholesale commercial, market, hotel, hospital, mortuary, laundry, dry cleaning or other uses requiring the receipt or distribution by truck of materials or merchandise, there shall be provided and maintained, on the same lot with such buildings, off-street loading space in accordance with the following schedule:

   Floor Area of Building            Total Number of Off-Street

    (sq. ft.)                Loading Spaces

   Less than       10,000                   0

   Over 10,000 to    20,000                   1

   Over 20,000 to    40,000                   2

   Over 40,000 to    60,000                   3

   Over 60,000 to    80,000                   4

   Over 80,000 to   100,000                   5

   Where the floor area of the building exceeds 100,000 square feet, the number of off-street loading spaces shall be determined by the Board of Zoning Appeals.

   (b)   Dimensions. Each loading space shall be not less than ten feet in width, twenty-five feet in length and fourteen feet in height.

   (c)   Occupation of Yard. Subject to the limitations in subsection (d) hereof, such space may occupy all or any part of any required yard.

   (d)   Distance in Residence Districts. No such space shall be closer than fifty feet from any other lot located in any residence district, unless wholly within a completely enclosed building or unless enclosed on all sides by a wall or uniformly painted solid board fence not less than six feet in height.

(Ord. 1420. Passed 2-28-66.)

   (a)   Automobile Parking Spaces; When Required. In all districts, in connection with every industrial, business, institutional, recreational, residential or other use, there shall be provided at the time any building or structure is erected or enlarged or increased in capacity off-street parking spaces for automobiles in the same or a less restricted district as those in which such uses are permitted in accordance with the requirements herein.

   (b)   Minimum Size. Each off-street parking space shall have an area of not less than 180 square feet exclusive of access drives or aisles, and shall be of usable shape and condition. Except in the case of dwellings, no parking area provided hereunder shall be less than 1,000 square feet in area.

   (c)   Access. There shall be adequate provision for ingress and egress. Where a lot does not abut on a public or private alley or easement of access, there shall be provided an access drive leading to the parking or storage areas or loading or unloading spaces required hereunder in such a manner as to secure the most appropriate development of the propertyin question. Such access drive shall be not less than eight feet in width in the case of adwelling, and not less than eighteen feet in width in all other cases, however, one-way aisles for either ingress or egress for uses other than dwellings may be reduced to not less than ten feet in width. Such access drive or easement shall not be located in any residence district except where provided in connection with a use permitted in a residence district.

   (d)   Type. Parking spaces for all types of uses may be provided either in garages or parking areas conforming with the provisions of this Zoning Code.

(Ord. 1420. Passed 2-28-66.)

   Off-street parking facilities shall be located as hereinafter specified; where a distance is specified, such distance shall be the walking distance measured from the nearest point of the parking facility to the nearest point of the building such facility is required to serve, as follows:

   (a)   One and Two-Family Dwellings. On the same lot with the building they are required to serve;

   (b)   Multiple Dwellings. Not more than 200 feet from the building they are required to serve;

   (c)   Commercial and Institutional Uses. For uses located and first permitted in the B-1, B-2 and B-3 Districts, and for hospitals, asylums, orphanages, ' rooming houses, lodging houses, club rooms, fraternity and sorority houses, not more than 3000 feet from the building they are required to serve;

   (d)   Other Uses. For uses other than those specified above, not more than 1,000 feet from the building they are intended to serve.

(Ord. 1420. Passed 2-28-66.)

   For purposes of this chapter the following units of measurement shall apply:

   (a)   Floor Area. In the case of offices, merchandising or service types of uses, "floor area" means the gross floor area used or intended to be used by tenants, or for service to the public as customers, patrons, clients or patients, including areas occupied by fixtures and equipment used for display or sale of merchandise. It does not include areas used principally for nonpublic purposes, such as storage, incidental repair, processing or packaging of merchandise, for show windows, for offices incidental to the management or maintenance of stores or buildings, for toilet or rest rooms, for utilities, or for dressing rooms, fitting or alteration rooms.

(.1:7) Hospital Bassinets. In hospitals, bassinets shall not be counted as beds.

   (c)   Places of Public Assembly; Benches. In places of public assembly in which patrons or spectators occupy benches, pews or other such seating facilities, each twenty inches of such seating facilities shall be counted as one seat for the purpose of determining requirements for off-street parking facilities.

(Ord. 1420. Passed 2-28-66.)

   (a)   In General. Whenever in any building there is a change in use, or an increase in floor area or in the number of employees or other unit of measurement hereinafter specified for the determination of required off-street parking spaces, additional off-street parking facilities shall be provided on the basis of the increased requirements of the new use or other unit of measurement, however, in case such change in use creates a need for an increase in off-street parking spaces of less than ten percent of the parking facilities previously provided, no additional parking facilities shall be required.

   (b)   Mixed Occupancies and Uses Not Specified. In the case of mixed uses, the total requirements for off-street parking facilities shall be the sum of the requirements for the various uses computed separately. In the case of a use not specifically mentioned in Section 1270.08, the requirements for off-street parking facilities for a use which is so mentioned, and to which such use is similar, shall apply.

   Off-street parking facilities for one use shall not be considered as providing required parking facilities for any other use, except as specified for joint use in Section 1270.07.

(Ord. 1420. Passed 2-28-66.)

   Nothing in this chapter shall be construed to prevent collective provision of off-street parking facilities for two or more buildings or uses, provided that the total of such off-street parking spaces supplied collectively shall not be less than the sum of the requirements for the various uses computed separately and provided, further, that the requirements set forth in Section 1270.03 as to maximum distances between parking areas and establishments served shall apply to each such establishment participating in the collective provisions of parking.

(Ord. 1420. Passed 2-28-66.)

   (a)   Not more than fifty percent of the off-street parking facilities required under this chapter for a theater, bowling alley, dance hall or an establishment for the sale and consumption on the premises of food, alcoholic beverages or refreshments, and up to 100 percent of such facilities required for a church or an auditorium incidental to a public or parochial school, may be supplied by off-street parking facilities provided for certain other kinds of buildings or uses specified in subsection (b) hereof, which are not normally open, used or operated during the principal operating hours of theaters, churches or the aforesaid establishments; and not more than fifty percent of the off-street parking facilities required under this chapter for certain buildings or uses specified in subsection (b) hereof may be supplied by such facilities provided for theaters, churches or other aforesaid establishments, provided that a properly drawn legal instrument is executed by the parties concerned for the joint use of the off-street parking facilities, which instrument, duly approved as to form and manner of execution by the City Solicitor, shall be filed with the application for a building permit and shall run with the possessions of the use.

   (b)   Buildings or uses not normally open, used or operated during the principal operating hours of theaters, churches or other of the aforesaid establishments are defined as banks, business offices, retail stores, personal service shops, household equipment or furniture shops, clothing or shoe repair or service shops, manufacturing buildings and similar uses.

(Ord. 1420. Passed 2-28-66.)

   (a)   In General. The number of off-street parking spaces required shall be as set forth in the following schedule:

 

   (b)   Uses Not Listed. In the case of any building, structure or premises, the use of which is not specifically mentioned herein, the provisions for a use which is so mentioned and to which such use is similar, shall apply.

(Ord. 1420. Passed 2-28-66.)

   Every lot hereafter used as a public or private parking area, including a public parking lot and also a motor vehicle or trailer sales lot, shall be developed and maintained in accordance with the following requirements:

   (a)   Screening and Landscaping. Off-street parking areas for more than five vehicles shall be effectively screened on each side which adjoins or faces premises situated in any residence district or institutional premises, by a masonry wall or solid fence. Such wall or fence shall be not less than four feet in height and shall be maintained in good condition. Where the capacity of the parking area exceeds thirty vehicles, it shall be screened by a masonry wall of a height hereinabove prescribed.

   (b)   Minimum Distances and Setbacks. No part of any parking area for more than five vehicles shall be closer than ten feet to any dwelling, school, hospital or other institution for human care located on an adjoining lot, unless screened by an unpierced masonry wall, provided that parking areas for twenty-five or more automobiles or for trucks and buses shall also comply with the provisions of Chapter 1276. If not in a residence district, but adjoining such district, that part of the parking area within fifty feet of any residence district shall not be located within twenty feet from the established street right-of-way line.

   (c)   Surfacing. Any off-street parking area for more than five vehicles shall be surfaced with an asphaltic or Portland cement binder pavement so as to provide a durable and dustless surface, shall be so graded and drained as to dispose of all surface water accumulated within the area, and shall be so arranged and marked as to provide for orderly and safe loading or unloading and parking and storage of self-propelled vehicles.

   (d)   Lighting. Any lighting used to illuminate any off-street parking area shall be so arranged as to reflect the light away from adjoining premises in the district.

(Ord. 1420. Passed 2-28-66.)

   The Board of Zoning Appeals may authorize, on appeal, a modification, reduction or waiver of the foregoing requirements if it should find that in the particular case appealed the peculiar nature of the residential, business, trade, industrial or other use, or the exceptional shape or size of the property or other exceptional situation or condition would justify such action.

(Ord. 1420. Passed 2-28-66.)

   The parking and loading space requirements of Sections 1270.01, 1270.02 and 1270.08 shall not apply to the B-2 Business District as shown on the Zoning Map, provided that parking and loading facilities, if voluntarily established, shall comply with all standards and specifications of Sections 1270.01(b), (c) and (d) and 1270.09.

(Ord. 1420. Passed 2-28-66.)

   The Board of Zoning Appeals may authorize as a conditional use, subject to the the provisions of Chapter 1242, the establishment and operation of an off-street parking area in such sections of any residence district which abut, either directly or across an alley, a business or manufacturing district, subject to the following requirements:

   (a)   Must Be Accessory. Such parking area shall be accessory to one or more business or industrial, establishments located in such adjoining business or manufacturing district.

   (b)   Entrance-Exit Distance. Each entrance and exit of such parking area shall be distant at least twenty feet from any adjacent lot in any residence.

   (c)   Signs Prohibited. No sign of any kind shall be established and maintained on such parking area except signs used for the direction of traffic.

   (d)   Repair Work Prohibited. No automotive repair work or other services shall be conducted on such parking area.

   (e)   Other Requirements. Such parking area shall be subject to all applicable requirements of this chapter and to any additional requirements or conditions which may be determined necessary by the Board of Zoning Appeals for the protection of adjacent property.

(Ord. 1420. Passed 2-28-66.)

   The sanitary regulations prescribed by the State Board of Health or other authority having jurisdiction, the regulations of the Building Code of the City, and any other applicable law, shall be complied with, in addition to the following regulations:

   (a)   Area and Yard Requirements. Trailer parks shall comply with all area and yard requirements prescribed herein; motels shall comply with all area and yard requirements prescribed for such uses in the district in which they are located.

   (b)   Lot Area Occupancy. The buildings, cabins and trailers in any tourist camp, trailer park or motel, together with any nonaccessory buildings already on the lot, shall not occupy in the aggregate more than twenty-five percent of the area of the lot.

   (c)   Parking. All areas used for automobile access and parking shall comply with the applicable provisions of this Zoning Code, provided that there shall be at least one off-street automobile parking space for each trailer space and one additional such parking space for each four trailer spaces to accommodate guests.

   (d)   Speed Limit. No person shall operate any type of vehicle at a rate of speed in excess of ten miles per hour within any trailer park, motel area or tourist camp, except emergency or public safety vehicles on call.

   (e)   Entrance to Trailer Parks, Motels. No vehicular entrance to or exit from any trailer park or motel, wherever such may be located, shall be within 200 feet along streets from any school, public playground, church, hospital, library or institution for dependents or for children, except where such property is in another block or another street which the premises in question do not abut.

   (f)   Landscaping; Unused Areas. All areas not used for access, parking, circulation, buildings and service shall be completely and permanently landscaped and the entire site maintained in good condition. A landscaped strip of land not less than ten feet in width shall be established and maintained within the trailer park along its exterior boundaries.

(Ord. 1420. Passed 2-28-66.)

   Enlargement; Existing Facilities to Comply. No enlargements or extensions to any motel, trailer park or tourist camp shall be permitted unless the existing establishment is made to conform substantially with all the requirements for new construction for such an establishment.

(Ord. 1420. Passed 2-28-66.)

   Except as provided in subsection (a) hereof or in Section 1238.08, no person shall park or occupy any trailer on any premises in any district outside an approved trailer park. The parking of an unoccupied trailer in an accessory private garage building, or in a rear yard in any district shall be permitted provided no living quarters are maintained or any business conducted in such trailer while so parked or stored.

   (a)   Emergency Parking; Two Hours. Emergency or temporary stopping or parking of a trailer shall be permitted on any street, alley or highway for not longer than two hours, subject to any other and further prohibitions, regulations or limitations imposed by the traffic and parking regulations or ordinances for such street, alley or highway.

   (b)   Wheels Not To Be Removed. In any district, the wheels of any trailer shall not be removed except for repairs, nor shall any trailer be otherwise permanently fixed to the ground in a manner that would prevent its removal.

(Ord. 1420. Passed 2-28-66; Ord. 87-020. Passed 8-24-87.)

   An application for the establishment of a trailer park shall be filed with the Zoning Inspector and must be accompanied by a scale drawing certified by a registered engineer or surveyor. Such drawing shall contain the following information:

   (a)   Accurate dimensions of the proposed trailer park;

   (b)   All roads and approaches and the method of ingress and egress;

   (c)   The complete electric service installation, wire service outlets and lighting facilities;

   (d)   The complete location of any natural gas facilities to serve the trailer park;

   (e)   A complete layout of unit parking spaces and the number of square feet therein, together with the dimensions thereof; and

   (f)   The location of electric power or gas distribution systems; water mains or wells for water supply outlets for domestic water users; location of sanitary facilities, washrooms, garbage disposal units, incinerators, sanitary sewers, septic tanks, sewer drain lines, leeching beds and other buildings or structures contemplated to be used by such applicant in connection with such business.

(Ord. 1420. Passed 2-28-66.)

   Trailer parks shall be designed and maintained in accordance with the following requirements:

   (a)   Park Area. The minimum trailer park area shall be 40,000 square feet.

   (b)   Lot Area. The minimum net space (exclusive of yards, drives, common recreation utility and open spaces) per trailer unit within the trailer park shall be 3,000 square feet.

   (c)   Lot Width. The minimum lot width per trailer unit within the trailer park shall be forty feet.

   (d)   Access. Each trailer park shall abut upon a public street and each trailer space shall have direct access to a private hard surface drive.

   (e)   Distance from Property Line. The minimum distance for each trailer from the exterior property lines shall be not less than thirty feet.

   (f)   Distance Between Trailers. The minimum distance between neighboring trailers shall be not less than twenty feet.

   (g)   Concrete Slab. Each trailer space shall be equipped with a concrete slab or slabs of sufficient size to support the wheels and the front parking jack. Such slab shall have a minimum thickness of four inches.

   (h)   Utilities. Each trailer space shall be equipped with one electric outlet. A Municipal sanitary sewer and Municipal water system shall be installed in accordance with City specifications. Trailer spaces not equipped with water and sewer facilities shall be located not more than 200 feet from a community utility building which shall provide separate toilet and shower facilities for each sex. Fire hydrants shall be located in accordance with the specifications of the American Insurance Association.

   (i)   Interior Streets. The minimum roadway width of interior one-way streets with parking permitted on one side shall be twenty feet. The minimum roadway width of two-way streets with parking permitted on one side shall be twenty-six feet. The minimum width of two-way streets without parking permitted shall be twenty feet. Such streets shall be paved according to City specifications for residential streets, maintained in good condition and lighted at night.

   (j)   Recreation Areas. There shall be provided within each trailer park an adequate site or sites for recreation for the exclusive use of the park occupants. Such recreation site or sites shall have a minimum area in the aggregate of 100 square feet for each trailer space in such park. The recreation sites shall be of appropriate design and provided with appropriate equipment.

   (k)   Length of Occupancy. No trailer shall remain in a trailer park for a period exceeding five days without connection to the permanent sanitary sewer system of the park.

(Ord. 1420. Passed 2-28-66.)

   In addition to the foregoing, the Board of Zoning Appeals may impose such other conditions, requirements or limitations concerning the design, development and operation of such trailer parks as it may deem necessary for the protection of adjacent properties and the public interest.

(Ord. 1420. Passed 2-28-66.)

   (a)   Setback Required. Advertising signs and structures, where permitted, shall be set back from the established right-of-way line of any street at least as far as the required front yard depth for a principal building in the districts where located, provided that for every square foot by which such signs exceed eighty square feet, such setback shall be increased by one-half foot, but such setback need not exceed 100 feet from such right-of-way line in any case.

   (b)   Not To Face Residence District. No advertising sign or structure shall be permitted which faces the front or side lot line of any lot in any residence district within 100 feet of such lot line, or which faces any public parkway, public square or entrance to any public park, public or parochial school, library, church or similar institution, within 300 feet thereof.

(Ord. 1420. Passed 2-28-66.)

   (a)   Maximum Area. Exterior business signs, where permitted, shall not exceed in the aggregate three square feet of area for each linear foot of lot frontage.

   (b)   Location. Exterior business signs, where permitted, shall be integral with or attached to the principal building and shall not project more than two feet from the front thereof unless attached to a marquee or sidewalk canopy, nor more than three feet above the parapet wall or roof line. However, for a motor vehicle service station or planned commercial development such a sign displaying only the identifying name or symbol of such station or the identifying name of such development as a whole may be supported on a free-standing structure located in front of such station or development but not projecting over the street line and not located within less than twenty-five feet of the side of any adjacent lot in any residence district. No such free-standing sign shall exceed twenty feet in total height and its sign area shall not exceed fifty square feet.

   In the case of a principal use involving no building or structure, exterior business signs, where permitted, shall be set back from the right-of-way line of any street at least one-half as far as the required front yard depth for a principal building in the districts where located, shall not be located within less than twenty-five feet of the side of any adjacent lot in any residence district and shall be located below a horizontal plane fifteen feet above the average level of the ground at the front lot line.

(Ord. 1420. Passed 2-28-66.)

   Real estate signs advertising the sale, rental or lease of the premises on which they are maintained shall set back from the right-of-way line of any street at least one-half the depth of the required front yard in the districts where located. However, such sign not exceeding six square feet in area and when attached flat against the building to which it pertains shall be permitted in any case. Such real estate signs on any one lot shall not exceed, in the aggregate, fifteen square feet in area.

(Ord. 1420. Passed 2-28-66.)

   Professional or announcement signs accessory to a home occupation or dwelling shall not exceed one square foot in area. A church, school, community center or other public or institutional building may have for its own use a bulletin board not over twelve square feet in area, which, if not attached flat against a building, shall be at least ten feet from all street right-of-way lines.

(Ord. 1420. Passed 2-28-66.)

   No motor vehicle filling station, parking lot for twenty-five or more motor vehicles, parking garage or automobile repair shop shall have an entrance or exit for vehicles within 200 feet along the same side of a street of any school, public playground, church, hospital, public library or institution for dependents or for children, except where such property is in another block or on another street which the lot in question does not abut.

(Ord. 1420. Passed 2-28-66.)

   No motor vehicle filling station or public garage shall be permitted where any oil draining pit or visible appliance for any such purpose, other than filling caps, is located within ten feet of any street lot line or within twenty-five feet of any residence district, except where such appliance or pit is within an enclosed building.

(Ord. 1420. Passed 2-28-66.)

   The owner of a tract of land containing not less than the minimum area required in this chapter shall submit to the Planning Commission for its review a preliminary plan for the use and development of such tract of land for either an integrated commercial center, provided the tract is located at or near where a proposed commercial center is shown on the Land Use Plan, or for a residential community development project, provided it is located in a residence district.

(Ord. 1420. Passed 2-28-66; Ord. 97-016. Passed 10-27-97.)

   In accepting such a plan for review, the Planning Commission must be satisfied that the proponents of the development project intend to start construction within one year of the approval by Council of the project or of the effective date of any necessary change in zoning, whichever is later, and intend to complete the development within a reasonable time as determined by the Commission.

(Ord. 1420. Passed 2-28-66.)

   It shall be the duty of the Planning Commission to investigate and ascertain whether the location, size and other characteristics of the site in the proposed plan comply with the following conditions:

   (a)   Compliance with the Master Plan. That the proposed project is consonant with the comprehensive Master Plan;

   (b)   No Adverse Effects. That it will not adversely affect neighboring property;

   (c)   No Traffic Congestion. That the project is at a location where traffic congestion does not exist at present on the streets to be utilized in conjunction therewith, and where undue congestion will not likely be created as a result of the project;

   (d)   Integrated Design. That the plan of the project provides for integrated and harmonious design of buildings, and for adequate and properly arranged facilities for internal traffic circulation, off-street parking and loading, landscaping and such other features and facilities as may be necessary to make the project attractive and efficient from the standpoint of the developer as well as from the standpoint of the adjoining or surrounding existing or potential developments.

(Ord. 1420. Passed 2-28-66.)

   If the proposed development is for an integrated commercial center, the Planning Commission shall be guided by the following requirements and standards:

   (a)   Area Requirements. The minimum site area for a neighborhood commercial center shall be two acres and the minimum site area for a commercial center larger than neighborhood type shall be ten acres.

   (b)   Uses Permitted. The permitted uses in the case of a neighborhood commercial center shall be those permitted in the B-1 District; and the uses permitted in larger commercial centers shall be those permitted in the B-2 District.

   (c)   Building Heights and Yards. Building height and yard requirements shall be the same as prescribed for the district in which the proposed project is to be located, provided that no building shall be less than fifty feet distant from any boundary of the site of the center, and that other yards and courts shall be of such size as to promote the intent and purpose of the requirements for the district in which the project is located.

   (d)   Site Coverage. The ground area occupied by all the buildings shall not exceed in the aggregate twenty-five percent of the total area of the site.

   (e)   Off-Street Parking and Loading. Notwithstanding any other provisions of this Zoning Code, there shall be provided one off-street parking space for each 150 square feet of aggregate floor space of buildings in the center; and there shall be provided at least one off-street loading space for each 10,000 square feet or fraction thereof of aggregate floor space of buildings in the center. At least one-third of such loading spaces shall be sufficient in area and vertical clearance to accommodate trucks of the tractor-trailer type.

(Ord. 1420. Passed 2-28-66.)

   If the proposed development is to be a residential community development project, the Planning Commission shall be guided by the following requirements and standards:

   (a)   Area Requirements. The minimum site area for a residential community development project shall be three acres.

   (b)   Uses Permitted. Permitted uses shall be those permitted in the R-2 District.

   (c)   Building Heights and Densities. Building height and gross density requirements shall be the same as in the R-2 District.

   (d)   Yards and Courts. Yards and courts shall be of such size as to promote the intent and purpose of the requirements for the R-2 District.

   (e)   Recreation Areas. If the project contains twenty acres or more, at least five percent of the acreage of such site shall be developed as a neighborhood playground or playgrounds. If the site contains less than twenty acres, the required area of play lots shall be 2,000 square feet for the first fifty dwelling units plus thirty square feet for such additional dwelling units in excess of fifty. Such recreation areas shall be maintained in good order by the owner of the development or, if accepted by Council, may be dedicated to the City for use as a public neighborhood facility.

   (f)   Off-Street Parking and Service Facilities. There shall be at least one off-street parking space for each dwelling unit. Service drives and other service facilities shall be located entirely within the project site.

(Ord. 1420. Passed 2-28-66.)

   Upon determination by the Planning Commission that the proposed development project as shown on the preliminary plan thereof conforms to the requirements of all applicable provisions of this Zoning Code, the proponent shall prepare and submit a final development plan which plan shall incorporate any change or modifications required or suggested by the Commission.

(Ord. 1420. Passed 2-28-66.)

   Such final development plan shall be submitted by the Planning Commission together with its report and recommendations to Council, and Council shall hold a public hearing on both the development plan and the application for any necessary change in zoning. (Ord. 1420. Passed 2-28-66.)

   Following such a public hearing, Council may modify the plan of the project consistent with the intent and purposes to be served by the provisions of this chapter and other provisions of this Zoning Code, and may change the zoning of the site to the classification permitting the proposed development in conformity with the final plan as approved at that time. Minor modifications and adjustments or rearrangements of such plan may be authorized by the Commission after approval and adoption by Council. (Ord. 1420. Passed 2-28-66.)

   No land or structure in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosive or other hazard; noise or vibration; smoke, dust, odor or other form of air pollution; heat, cold, dampness, electrical or other substance, condition or element; in such a manner or in such amount as to adversely affect the adjoining premises or surrounding area, referred to herein as "dangerous or objectionable elements." Any use permitted or not prohibited by this Zoning Code may be established and maintained if it conforms to the provisions of this chapter.

(Ord. 1420. Passed 2-28-66.)

   (a)   Performance Standards; Review. Whenever it is alleged that a use of land or structure creates or is likely to create or otherwise produce dangerous or objectionable elements, the Board of Zoning Appeals shall make a preliminary investigation of the matter and shall forward its report, together with all preliminary findings and evidence, to Council. In the event that the Board concurs in the allegation that there exist or are likely to be created such dangerous or objectionable elements, it shall request Council to authorize the employment of a competent specialist or testing laboratory for the purpose of determining the nature and extent of such dangerous or objectionable elements and of practical means of remedying such condition.

   (b)   Enforcement. Upon receipt of the findings and recommendations of such specialist or laboratory, the Board may approve, partially approve or disapprove the measures recommended therein and instruct the Zoning Inspector to proceed with the enforcement of such measures in accordance with the provisions of Chapter 1240.

   (c)   Cost of Investigation, Etc. The City shall bear the costs of the various tests, consultant fees or other investigations which are required herein, provided the owner of the property under investigation reimburses the City for all such expenses in the event that operation or use of such property is found to be in violation of the provisions of this chapter by the Board or, if contested, by a court of competent jurisdiction. Such reimbursement shall be made within thirty days from the date of the final Board ruling or court judgment.

(Ord. 1420. Passed 2-28-66.)

   (a)   Review of Application for Building Permit or Certificate of Occupancy. Applications for building permits or zoning certificates, together with plans and specifications for the manufacture or processing of materials listed in subsection (b) hereof and for such other uses which may be of similar characteristics in the opinion of the Zoning Inspector, shall be referred by him to the Board. The Board, in cases where indicated, shall cause such plans and specifications to be examined by a competent specialist or laboratory in the manner prescribed in Section 1280.02.

   (b)   Uses Subject to Review. The following uses shall be subject to such performance standard review:

   (1)   Manufacturing. Involving primary production of the following products from raw materials: asphalt, cement, charcoal and fuel briquettes, aniline dyes, ammonia, carbide, caustic soda, cellulose, chlorine, carbonblack, boneblack, creosote, hydrogen, oxygen, industrial alcohol, nitrates of explosive nature, potash, plastic materials, synthetic resins, pyroxyline, rayon yarn, hydrochloric, nitric, phosphoric, picric and sulphuric acids, coal, coke and tar products, explosives, fertilizers, gelatin, animal glue and size, gas, unless incidental to a principal use, turpentine, matches, rubber, soaps and fat rendering.

   (2)   Processing. Involving the following: nitration of cotton or other materials; magnesium foundry; reduction, refining, smelting of metal or metal ores; refining of petroleum products, such as gasoline, kerosene, naphtha and lubricating oil; distillation of wood or bones; storage, curing or tanning of raw, green or salted hides or skins; melting and alloying of metals; stockyards and slaughter houses, except for poultry; slag piles; and storage of fireworks or explosives, except where incidental to a permitted principal use.

   (c)   Continual Compliance. Any use authorized under the provisions of this chapter shall comply continually therewith and shall remedy any additional dangerous or objectionable elements which may develop in the course of its operation.

   (d)   Costs of Review. The applicant shall bear the actual costs of all tests and investigations required under this section which shall be in addition to the usual building and zoning permit fees prescribed by this Zoning Code.

(Ord. 1420. Passed 2-28-66.)

   The purpose of this chapter shall be to govern the proper location of all cellular, wireless telecommunications towers and antennas in all zoning districts in the following manner and for the following purposes:

   (a)   To provide for the appropriate local land use and development of telecommunication facilities;

   (b)   To protect the City's built and natural environment by promoting compatible design standards;

   (c)   To minimize adverse impact of telecommunications facilities through careful design, siting, landscape screening and innovative camouflaging techniques;

   (d)   To avoid potential damage to adjacent properties from tower or antenna failure through engineering and analyzed siting of telecommunication tower and antenna;

   (e)   To maximize and encourage use of alternative telecommunication towers, rather than construction on an additional single-user tower;

   (f)   To encourage the location of towers in non-residential areas and minimize the total number of towers throughout the community;

   (g)   To establish guidelines for the siting of towers and antennas;

   (h)   To encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the tower and antenna; and

   (i)   To enhance the ability of the provider of telecommunications services to provide such services to the community quickly, effectively and efficiently.

(Ord. 04-026. Passed 11-8-04.)

   The cellular or wireless communications antenna and tower are of unique characteristics making them impractical to include in a specific use district. They require particular consideration as to their proper location in proximity to existing or intended uses for the planned development of the community.

(Ord. 04-026. Passed 11-8-04.)

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   (a)   "Amateur radio antenna" means an antenna that is used for the purpose of transmitting and receiving radio signals in conjunction with an amateur radio station licensed by the Federal Communication Commission.

   (b)   "Antenna, commercial" means any exterior apparatus designed for the sending and/or receiving of electromagnetic waves for telephone, radio, television, or personal wireless services.

   (c)   "Cellular communication service" means personal communication accessed by means of cellular equipment and service.

   (d)   "Cellular or wireless communication antenna" means any structure or device used to receive or transmit electromagnetic waves between cellular phones, pagers, commercial mobile service, wireless service and ground-wire communication systems including, but not limited to, directional antenna, such as panels, microwave dish and satellite dish as omni directional antenna such as whips.

   (e)   "Cellular or wireless communication site" means a lot, tract or parcel of land that contains the cellular or wireless communications tower, antenna, support structures, accessory facility, parking and other uses associated with an ancillary to cellular or wireless communications transmission.

   (f)   "Cellular or wireless communicating support structure" means any building or structure accessory to, but necessary for, the proper functioning of the cellular or wireless communication antenna.

   (g)   "Cellular or wireless communicating tower" means any freestanding structure used to support a cellular or wireless communication antenna.

   (h)   "Cellular or wireless communicating tower, height of" means the height from the base of the structure to its top, including any antenna.

   (i)   "Personal wireless service or personal communication service (PCS)" means commercial mobile services, wireless services and common carriers wireless exchange access service, including cellular and digital service.

   (j)   "Stealth facility" means a telecommunication facility that is not readily identifiable as a telecommunication facility, is visually unobtrusive, and has an innovative approach to construction and camouflaging of the site.

   (k)   "Tall structures" means existing buildings or structures of sufficient height and structural integrity to support a new or existing communication tower and antenna such as, but not limited to, smoke stacks, water towers, church steeples, buildings, high rise signs, and roadway light poles.

   (l)   " Tower, monopole" means a single pole designed to be self-supporting.

   (m)   "Tower, self-supporting" means a tower of lattice design and which is designed to be self-supporting.

   (n)   "Tower, guy wire supported" means a tower of either a single pole or lattice design and uses guy wire supporting devices.

(Ord. 04-0206. Passed 11-8-04.)

   Tower and antenna 50 feet or less in height shall be permitted to locate in all zoning districts, that are an accessory use to the property, such as, but not limited to, TV antenna, telecommunication tower, or satellite dish. HAM radio towers and antenna 150 feet or less in height shall be permitted to locate in all zoning districts. The Safety Service Director shall issue the necessary permits upon compliance with the applicable requirements and payment of a permit fee of ten dollars ($10.00). However, if in the opinion of the Safety Service Director, should these requirements not be satisfied or the proposal is not within the limits of these requirements, the City Planning Commission approval shall be required and be governed in accordance with the following requirements:

   (a)   All tower types shall be permitted.

   (b)   Antenna height shall be permitted up to 50 feet.

   (c)   Minimum setbacks to base of tower and supporting gut wires shall be five feet set back to all side and rear lot lines. Thirty feet front yard setback shall be required.

   (d)   All safety issues shall be addressed to include, but not be limited to, abutting properties and buildings. This includes the design of the tower and antenna to building safety standards and accepted methods. If necessary, documentation shall be provided to support the standards and methods used.

   (e)   Existing accessory structures or buildings shall be used to house the equipment.

   (f)   A building or structure to be constructed for the purpose of housing the equipment shall comply with the requirements of the zoning district they are placed in.

(Ord. 04-026. Passed 11-8-04.)

   Before a permit may be issued for the construction, erection and placement of a wireless communication tower and/or antenna placed on a tower or tall structure, a site plan shall be submitted to the City Planning Commission along with a fee in the amount of fifty dollars ($50.00) for towers between 50 and 100 feet and one hundred dollars ($100.00) for towers 100 feet or higher plus any other fee provided under the Codified Ordinances for Planning Commission approval with the following specification requirements:

   (a)   Proposed location of the cellular or wireless communications tower, antenna and supporting structures, including gut wires, dimensions, heights, all materials for building and other structures shall be shown on the plan.

   (b)   Existing towers and tall structures that support telecommunication devices within the vicinity of the proposed facility:

      (1)   For tower and/or antenna proposed over 200 feet in height, shall include all existing towers and antennas in excess of 25 feet in height within 10,000 feet shall be shown.

      (2)   For tower and/or antenna proposed over 100 feet, but less than 200 feet in height, shall include all existing towers and antennas in excess of 25 feet in height within 8,000 feet shall be shown.

      (3)   For tower and/or antenna proposed less than 100 feet in height, all existing towers and antennas and tall structures in excess of 25 feet in height within 4,000 feet shall be shown.

   (c)   The following issues, among others, will be addressed by the applicant if collocating is not a consideration for the site:

      (1)   Existing tower located within the radius set forth in division (b) of this section from the site;

      (2)   Document why existing towers and facilities do meet the applicant's engineering requirements;

      (3)   Document why existing towers and facilities do not have the structural support necessary to place additional antenna and equipment;

      (4)   Document why the proposed equipment would cause radio frequency interference with other existing or planned equipment of the existing tower site or facility. Additionally, why existing or planned equipment on the tower or facility would cause interference with the applicant's planned equipment which cannot be reasonably prevented.

      (5)   The applicant shall demonstrate, using the latest technology evidence, that the antenna and/or tower must be located as proposed in order to satisfy a necessary function in the applicant's build out grid system;

      (6)   Document why the owners of the existing tower or facility are unwilling to entertain a collocation;

      (7)   Document why that existing tower or facility does not provide an acceptable location for the required coverage of the applicant's communications network; and

      (8)   Document that construction of an additional tower on the site will not resolve the above referenced issues.

   (d)   Collocation.

      (1)   Whenever feasible, the use of an existing tower or tall structure, owned either by the applicant or another entity shall be utilized. The applicant shall demonstrate that it has contracted and been denied permission to install its antennae on an existing tower or tall structure, owned by another entity in the radius specified in division (b) of this section.

      (2)   The construction of a new site and tower will be designed to accommodate at least three antenna and/or telecommunication devices unless the applicant can demonstrate that such design or need is not practicable.

      (3)   Proof by the applicant, in form satisfactory to the City Planning Commission, that the proposal has been approved by the Ohio Department of Transportation, Federal Aviation Administration and the Federal Communications Commission.

      (4)   The applicant shall demonstrate, using the latest technological evidence, that the antenna and/or tower must be located as proposed in order to satisfy a necessary function in the applicant's build out grid system.

      (5)   Security and screening plan.

      (6)   The City Planning Commission shall have 45 days from the date of application to review and render a decision to approve or disapprove the plan pursuant to this chapter and the City of Kenton's Codified Ordinances in accordance with this chapter. Should the City Planning Commission not render a decision, the plan shall be deemed approved.

(Ord. 04-026. Passed 11-8-04.)

   A commercial site that attempts to locate in a Residential District or less than 500 feet from a Residential District, that desires to be considered as a "Stealth Facility" may be approved by City Council after a recommendation from the City Planning Commission on a case by case basis. The City Planning Commission shall review the proposal and make their recommendation in accordance with Section 1282.11, Special Exceptions, of this chapter and the following requirements:

   (a)   They will have addressed the purpose and goals of this chapter.

   (b)   Comply with the application procedures and plan requirements.

   (c)   All equipment necessary for the operation of a "Stealth Facility" shall be placed below grade and be minimally visible above grade.

(Ord. 04-026. Passed 11-8-04.)

   A commercial site located in the B-1 Neighborhood Business District, B-2 Downtown Business District, or B-General Business District shall meet the following requirements:

   (a)   Tower types permitted to be erected shall be of either monopole or self supporting design.

   (b)   Antenna height shall be permitted up to 125 feet.

   (c)   Minimum setbacks to base of tower shall be no less than the height of the tower and antenna to the lot line of the entire parcel, even though the antenna and/or tower may be located on a leased parcel within the parcel.

   (d)   All accessory buildings shall be placed a minimum of 50 feet from all lot lines.

   (e)   The site shall comply with the minimum lot requirements.

   (f)   Special exceptions may be considered for approval by the City Planning Commission.

(Ord. 04-026. Passed 11-8-04.)

   A commercial site located in a Manufacturing District shall meet the following requirements:

   (a)   Tower types permitted to be erected shall be of either monopole, self-supporting or towers with guy wire support.

   (b)   Antenna height permitted up to 250 feet.

   (c)   Minimum setbacks to base of tower shall be no less than the height of the tower and antenna to the lot line of the entire parcel, even though the antenna and/or tower may be located on a leased parcel within the parcel.

   (d)   All accessory buildings shall be placed a minimum of 50 feet from all lot lines.

   (e)   The site shall comply with the minimum lot requirements.

   (f)   Special exceptions may be considered for approval by the City Planning Commission as identified in this chapter.

(Ord. 04-026. Passed 11-8-04.)

   Commercial towers and/or antenna located on tall structures shall meet the following requirements:

   (a)   Tower and/or antenna that do not exceed the proposed height measured from the perimeter of the building to the closest point of the tower and other tall structures may be issued a permit for its placement provided the Safety Service Director finds the site in compliance with this section.

   (b)   Exceeding the allowable height measured from the perimeter of the building to the closest point of the tower shall be reviewed and approved in accordance with this section before permits shall be issued. Special exceptions may be considered for approval by the City Planning Commission as identified in Section 1282.11 of this chapter.

(Ord. 04-026. Passed 11-8-04.)

   City Council may authorize the use of land, other than public right-of-way, owned by the City of Kenton for the location of cellular or wireless communication towers and antennas with their supporting structures after receiving a recommendation from the City Planning Commission. The City Planning Commission shall review the site in accordance with this section and other issues related to the use of City-owned land, the neighborhood and Section 1282.11 of this chapter.

(Ord. 04-026. Passed 11-8-04.)

   Criteria to be used to evaluate applications that desire special exceptions to the requirements shall include the following:

   (a)   Tower and antenna height shall be designed with particular reference to reduce or eliminate visual obtrusiveness to the characteristics of the neighborhood aesthetic environment.

   (b)   The availability of an existing tower or other tall structures in the vicinity. Evidence must be provided with the application that existing structures are not of sufficient strength, or would cause conflict with existing antenna, or that cost of sharing would be unreasonable, or collection not available, or the coverage and capacity of the system design will be compromised.

   (c)   It shall be encouraged that existing nonresidential structures be used when possible.

   (d)   Setbacks shall be established by the Commission for the type of tower and antenna used.

   (e)   Distance to residences shall be considered for safety and maintaining the character of the neighborhood.

   (f)   Nature of surrounding land use and nearby properties.

   (g)   Surrounding topography, tree coverage and foliage.

   (h)   Design of the structure and its ability to accommodate additional antenna.

   (i)   Ingress and egress at the site.

   (j)   Proximity of the site to publicly owned land or other available sites that could be utilized for construction at the same or less cost to the carrier while accomplishing the same coverage goals of the carrier.

(Ord. 04-026. Passed 11-8-04.)

   Any monopole, guyed, lattice or similar type cellular tower and any alternative cellular antenna tower structure shall be maintained in either galvanized steel finish or be painted and maintained light gray or light blue in color. Alternate sections of aviation orange and aviation white may be used only when the FAA finds that none of the color alternatives are acceptable.

(Ord. 04-026. Passed 11-8-04.)

   Parking shall be approved by the City Planning Commission.

(Ord. 04-026. Passed 11-8-04.)

   Up to an eight foot high fence will be permitted to enclose either the tower, building and any supporting structure of the tower. The use of barb wire is prohibited.

(Ord. 04-026. Passed 11-8-04.)

    A minimum height of eight foot tall shade trees or evergreens shall enclose the site from public view. The tree location shall be no greater than 25 feet from the building if a fence is not erected. All trees shall be planted a minimum of 20 feet on center and staggered.

(Ord. 04-026. Passed 11-8-04.)

   The applicant shall demonstrate that the proposed tower and antenna is safe and that the surrounding properties will not be negatively affected by the tower failure, falling ice or other debris. Electromagnetic fields or radio frequency interference shall be in a form acceptable by the City Planning Commission.

(Ord. 04-026. Passed 11-8-04.)

    The applicant shall demonstrate that it is licensed by the Federal Communication Commission. (FCC).

(Ord. 04-026. Passed 11-8-04.)

   Security lighting shall be permitted to be directed onto the building. No other lighting is permitted unless required by the Federal Aviation Administration (FAA).

(Ord. 04-026. Passed 11-8-04.)

   The only signage allowed shall be emergency information signs, owner contact information, warning or safety instructions required by Federal, State or local agency. Such signage shall not exceed five square feet.

(Ord. 04-026. Passed 11-8-04.)

   The Planning Commission, in conjunction with the City Engineer, shall review and approve any cellular or wireless communications tower and antenna placed in the City.

(Ord. 04-026. Passed 11-8-04.)

   Existing towers, antennas and/or facilities in existence as of the date of the adoption of this section, that do not comply with this section, shall be allowed to continue subject to the following provisions:

   (a)   Continue in operation for the present use that now exists.

   (b)   Towers, antennas and facilities hereafter damaged or destroyed due to any reason or cause, may be repaired and restored to their former use, location and physical dimensions upon obtaining a permit and complying with Section 1282.24(e) of this chapter without otherwise complying with this section. However, should the cost of repair to the existing tower to its former use and location exceed 50 percent or more of the cost of a new tower, the tower may not be repaired or restored except with the review and approval of the City Planning Commission per Section 1282.11 of this chapter.

   (c)   Those facilities not in compliance with the requirements of this section which desire to alter, add service or antennas or erect a replacement tower shall be reviewed by the City Planning Commission. The Commission shall review the facility and is given the authority to alter, waive or modify any of the requirements of this section and Section 1282.11.

(Ord. 04-026. Passed 11-8-04.)

   (a)   The City Planning Commission may retain a special expert consultant as it deems necessary to provide assistance in the review of a specific site location alternative analysis. Fees charged by the special expert consultant shall be the responsibility of the applicant to reimburse before any decision is reduced by the City Planning Commission. The City Planning Commission's 45 days to render a decision shall begin upon the Commission's meeting following the receipt of notice that the consultant's fee has been paid.

   (b)   City Council may establish additional fees to cover the cost of staff review.

(Ord. 04-026. Passed 11-8-04.)

   (a)   New commercial cellular or wireless communications tower or antenna site shall not be located within 500 feet of a Residential District unless approved under Section 1282.11.

   (b)   Cellular or wireless communications tower or antenna site constructed or placed on a tall structure after the adoption of this section, shall be separated by a minimum distance of 5,000 feet from an existing cellular or wireless communications tower or antenna. The separation between towers is not applicable to multiple towers and/or antennas located in the same site.

(Ord. 04-026. Passed 11-8-04.)

   Any commercial cellular or wireless communications tower or antenna that has discontinued its service for a period of six continuous months or more shall be removed, along with its tower and supporting facilities and structures. "Discontinued" means that the tower, antenna or the facilities have not been properly maintained, been abandoned, become obsolete, been unused or have ceased its daily activities or operation.

   (a)   A site shall not be considered abandoned as long as the City desires to utilize the site. Should the City terminate its need for the use of the facility it shall notify the owner of its intentions and division (b) of this section will be enforced.

   (b)   The applicant, operator, its successor, or the owner of the real estate shall notify the Safety Service Director within 30 days of receiving the FCC intent to cease operations at the site. If the cellular or wireless communication tower or antenna will not be reused within six months, the owner shall obtain a demolition permit for removal of all structures to begin within 60 days and restoration of the site to be completed within six months of the issue date of the demolition permit.

   (c)   If the intent is to reuse the cellular or wireless communication tower and antenna, it shall be included in the notice. The applicant, its successor or the owner of the real estate shall have no longer than 12 months from the FCC notice in which to commence a new operation. Upon failure to commence a new operation, the site shall be presumed abandoned and a demolition permit shall be immediately obtained for the removal and restoration of the site to its original state per the requirements of the Safety Service Director.

   (d)   The applicant, its successor or, as a last resort, the owner of the real estate will be responsible for the removal and restoration of the site to its original state.

   (e)   The owner or operator may be required, at the option of the City Planning Commission, as a condition of issuance of a permit, to post a cash or surety bond acceptable to the City Auditor of not less than one hundred dollars ($100.00) per vertical foot from the natural grade of the tower which bond shall insure that an abandoned, obsolete or destroyed wireless communication antenna or tower facility shall be removed within six months of the cessation of use and abandonment. Any successor-in-interest or assignee of the owner/operator of the facility may also be required to post such bond.

(Ord. 04-026. Passed 11-8-04.)

   The City of Kenton 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. The City recognizes 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, noise radiation, and the incorrect placement of solar panels or solar collection systems such that they may have a negative effect on surrounding property values. As such, this chapter seeks to:

   (a)   Protect public and private property from the potential adverse impacts of solar panels or solar collection systems.

   (b)   Permit solar panels or solar collection systems on residential, commercial, industrial, or agricultural property and review such systems, if warranted.

   (c)   Ensure the public health, welfare, and safety of City residents in connection with solar panel or solar collection systems.

   (d)   Avoid potential damage to real and personal property from solar panels or solar collection systems from the failure of such structures and related operations.

(Ord. 23-007. Passed 5-8-23.)

   As used in this chapter:

   (a)   "Free-standing solar panels or solar collectors" mean any solar panel or solar collection system not attached to and separate from any existing structures on the site.

   (b)   "Solar panels or solar collection systems" means 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 residence energy supply, building energy supply, or for resale to the electric grid. Solar panels attached or incorporated into vehicles and solar panels smaller than twelve inches by twelve inches are not included in this definition and are permitted uses in all districts.

   (c)   "Structurally-attached solar panel or solar collectors" means a solar panel or solar collector physically attached to an existing structure roof.

(Ord. 23-007. Passed 5-8-23.)

   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 chapter as follows:

(Ord. 23-007. Passed 5-8-23.)

   Solar panels or solar collection systems shall conform to or be evaluated for compliance with the following standards:

   (a)   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.

   (b)   If structurally attached, the solar or photovoltaic system shall:

      (1)   Be flush mounted on the roof unless good cause is shown by the applicant during site plan review that the solar panel is not at an appropriate angle to obtain maximum sun exposure if mounted flush to the roof.

      (2)   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.

      (3)   Not extend beyond the exterior perimeter of the building and not be higher than the peak of a sloped roof or higher than five feet from the top of a flat roof.

      (4)   Be located such that reflection angles from collector surfaces shall be oriented away from adjacent properties and street and alley rights-of-way.

   (c)   If free-standing, the solar or photovoltaic system shall:

      (1)   Not extend more than ten feet above the existing grade.

      (2)   Not be located in the front yard or along any street frontage.

      (3)   Not be located in any required side or rear yard setback areas for accessory uses and be set back a minimum of fifteen feet from all property lines and a minimum of thirty feet from all residences located on adjacent lots.

      (4)   Not be positioned so as to reflect sunlight onto neighboring property, public streets or sidewalks, including on any neighboring structures.

      (5)   Be screened from view of neighboring properties through use of walls, fences, or landscaping.

   (d)   All signs, both temporary and permanent, are prohibited on solar panel or solar collection systems, except as follows:

      (1)   Manufacturer's or installer's identification information on the system which shall be appropriately sized.

      (2)   Appropriate warning signs and placards.

   (e)   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.

   (f)   All electrical wires and connections shall be located underground.

   (g)   Any solar panels or solar collection systems to be located in the Downtown Historic District shall not be visible from any street and are subject to the approval of the Architectural and Historic Board of Review.

   (h)   Solar panels or solar collection systems proposed to be connected to the local utility power grid through net metering shall adhere to R.C. § 4928.67 and the current ANSI standard.

   (i)   All solar panel or solar collection systems shall be maintained in good working order. If the solar panels or solar collection system remains nonfunctional or inoperative for a continuous period of one year, the systems shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense after demolition permit has been obtained. Removal includes the entire structure, including panels, mounting structures, foundations, transmission equipment, and other associated facilities.

(Ord. 23-007. Passed 5-8-23.)

   A building permit must be obtained from the City prior to the installation or modification of any solar panel or solar collection system. The permit application shall include and comply with the following requirements:

   (a)   A site plan shall be submitted for review of all 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, including to-scale horizontal and vertical elevation drawings.

   (b)   System specifications, including manufacturer, model, and 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).

(Ord. 23-007. Passed 5-8-23.)

   Deviations to the standards in this chapter may be permitted as a conditional use approved by the Board of Zoning Appeals. In granting a conditional use permit, the Board of Zoning Appeals shall take into account the following additional criteria unique to the solar panel or solar collection system:

   (a)   That the deviation is required to allow for the improved operation of the solar panel or solar collection system;

   (b)   That the solar panel or solar collection system has a net energy gain;

   (c)   That the solar panel or solar collection system does not adversely affect solar access to adjacent properties;

   (d)   That the solar panel or solar collection system complies with all other engineering, building, safety, and fire regulations; and

   (e)   That the solar panel or solar collection system is found to not have any adverse impacts on the area, including the health, safety and general welfare of occupants of neighboring properties and users of public rights-of-way.

(Ord. 23-007. Passed 5-8-23.)