(a)   A plot plan drawn to scale showing the exact dimensions of the lot to be built upon, accompanied by a deed of record;

(b)   The location, dimensions, height and bulk of structure(s) to be erected;

(c)   The intended use;

(d)   The yard, open space and parking space dimensions;

(e)   Color photographs of existing conditions;

(f)   Drawings and narrative description of intended alterations to a building or group of buildings, including but not limited to facade changes, roof line changes, parking lot changes, landscaping plans; and

(g)   Any other pertinent data as may be necessary to determine and provide for the enforcement of this Zoning Ordinance.

The cost of such report shall be at the expense of the applicant in accordance with a policy established and amended from time to time by Council.

(1)   Appeals. Generally, an appeal may be taken to the Board by a person, or by any office, department, board, or bureau aggrieved by a decision of any administrative or enforcement official or body charged with enforcement of this Ordinance. An appeal must be filed within fourteen (14) days of issuance of the applicable written decision, and such appeal shall be made on forms made available by the Planning Director.

(1)   The relevant administrative records and the administrative orders issued thereon relating to the appeal.

(2)   The notice of the appeal.

(3)   Such documents, exhibits, plans, photographs, or written reports as may be submitted to the Board for its consideration.

A.   Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance;

B.   Whether the variance is substantial;

C.   Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer substantial detriment as a result of the variance;

D.   Whether the variance would adversely affect the delivery of governmental services (e.g., water, sewer, garbage);

E.   Whether the property owner purchased the property with knowledge of the zoning restrictions;

F.   Whether the property owner's predicament feasibly can be obviated through some method other than a variance; and/or

G.   Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting a variance.

A.   The variance requested stems from a condition which is unique to the property at issue and not ordinarily found in the same zone or district;

B.   The hardship condition is not created by actions of the applicant;

C.   The granting of the variance will not adversely affect the rights of adjacent owners;

D.   The granting of the variance will not adversely affect the public health, safety or general welfare;

E.   The variance will be consistent with the general spirit and intent of this Ordinance;

F.   The variance sought is the minimum which will afford relief to the applicant; and

G.   There is no other economically viable use which is permitted in the zoning district.

A.   Construction of a conforming sign would obstruct the vision of motorists or otherwise endanger public health or safety;

B.   A conforming sign would be blocked from the sight of passing motorists due to existing buildings, trees or other obstructions;

C.   Construction of a conforming sign would require removal or severe alteration to significant features on the site, such as removal of trees, alteration of the natural topography, obstruction of a natural drainage course, or alteration or demolition of significant historical features or site amenities;

D.   A sign that exceeds the allowable height or area standards of this Ordinance would be more appropriate in scale because of the large size or frontage of the premises or building;

E.   The exception shall not adversely impact the character or appearance of the building or lot or the neighborhood;

F.   The variance sought is the minimum necessary to allow reasonable use, visibility, or readability of the sign; and/or

G.   The variance will be consistent with the general spirit and intent of this Ordinance.

A.   Was arbitrary or capricious; or

B.   Was based on an erroneous finding of a material fact; or

C.   Was based on erroneous interpretation of this Ordinance or zoning law; or

D.   Constituted an abuse of discretion.

      (Ord. 109-14. Passed 6-23-14.)

(1)   Board or Commission subcommittee meetings;

(2)   Special meetings;

(3)   Review by City Law Director and/or any City consulting attorney and preparation of appropriate approving legislation, as well as any document necessary to review the application;

(4)   Review by City Planning Director and/or any City consulting planner, including preparation of any documents and review letters required for City review, as well as attendance at one or more City meetings to present such documents or review letters, if required by the City;

(5)   Review by City Engineer and/or any City consulting engineer, including preparation of any documents and review letters required for City review, as well as attendance at one or more City meetings to present such documents or review letters, if required by the City;

(6)   Any additional notices for hearings other than those required by the City Subdivision Regulations or Zoning Ordinance or otherwise set forth in this chapter;

(7)   Traffic studies;

(8)   Environmental impact studies;

(9)   Utility fees for street light connections;

(10)   Street name sign installation fees;

(11)   Water system bacterial testing;

(12)   Review and consideration of proposed private roads;

(13)   All other applicable fees directly related to the review, inspection and/or installation of subdivision improvements; and

(14)   Similar services and expenses.

In addition, the Planning Commission, where appropriate, may refer an application to qualified consultants for a report if it deems the proposed use may require special study. The cost of such report shall be at the expense of the applicant, in accordance with a policy established and amended from time to time by Council.

(1)   Form supplied by the Planning Director completed by the applicant.

(2)   Existing condition map not to exceed twenty-four inches by thirty-six inches (24" x 36") drawing sheet size showing all land owned and proposed for development; topography, including contours of no greater vertical interval than two (2) feet; surrounding streets and adjoining lots; the location, size and height of all existing buildings on the proposed site and adjacent thereto; existing public utilities including the fire hydrants, sanitary sewers, water mains and surface drainage facilities; existing trees and other landscaping features.

(3)   Proposed site plan at the same scale and same drawing sheet size (not to exceed twenty-four inches by thirty-six inches (24" x 36")) as the existing condition map, showing the proposed system of circulation of vehicular traffic including delivery trucks, details for connections to present streets, type of pavement and plans for control of traffic in and around the development; parking areas with the number of spaces to be provided; design features; location and type of sewerage collection and surface drainage; the location, type and height of all buildings and major subdivision of space therein; all proposed accessory structures including signs; and other proposed site improvements including grading, landscaping, fences and walls.

(4)   Tables showing total number of acres and the number and type of dwelling and nonresidential uses including streets, parks and open space.

(5)   Architectural drawings of the exterior of structures and groups of structures.

(6)   Written narrative of proposed project.

(1)   The site plan shows that a proper relationship does exist between thoroughfares, service roads, driveways and parking areas to encourage pedestrian and vehicular traffic safety.

(2)   All the development features including the principal buildings, open spaces, service roads, driveways and parking areas are so located and related as to minimize the possibility of any adverse effects upon adjacent development.

(3)   The site plan includes adequate provision for the screening of parking areas, service areas and active recreation areas from surrounding properties by landscaping and/or ornamental walls or fences. All trees planted shall be as found in specifications approved by the Shade Tree Commission.

(4)   Grading and surface drainage provisions are reviewed and approved by the City Engineer.

(5)   The design and construction standards of all private streets, driveways and parking areas are to be built following approval of plans by the City Engineer according to construction standards specified in the Codified Ordinances.

(6)   Maximum possible privacy for multi-family dwellings and surrounding residential properties shall be provided through good design and use of proper building materials and landscaping. Visual privacy should be provided through structural screening and landscaping treatment. Auditory privacy in multi-family dwellings should be provided through soundproofing. All trees planted shall be as found in specifications approved by the Shade Tree Commission.

(7)   The architectural design of buildings should be developed with consideration given to the relationship of adjacent development in terms of building height, mass, texture, materials, line and pattern and character.

(8)   Building location and placement should be developed with consideration given to minimizing removal of trees and change of topography. Any trees to be removed which are planted in a public right-of-way or on municipal property shall be reviewed by the Shade Tree Commission.

(9)   In multi-family developments, television and other antennas shall be centralized.

(10)   On-site circulation shall be designed to make possible adequate fire and police protection.

(11)   Off-street parking facilities shall be provided in accordance with Chapter 1145. In large parking areas, visual relief shall be provided through the use of tree planted and landscaped dividers, islands and walkways. In multi-family developments no parking or service areas shall be permitted between any street and the main building. All trees planted shall be as found in specifications approved by the Shade Tree Commission.

(12)   Signs shall be provided in accordance with these Codified Ordinances.

(13)   Any trees planted on site shall be on approved list of Shade Tree Commission and planted in accordance with Commission standards.

(1)   The use, placement and dimensions of all buildings, driveways, sidewalks, parking areas, curb cuts and the installation of landscaping, fences and walks shall conform to the approved site improvement plans.

(2)   A performance bond or other financial guarantee in a form approved by the Law Director and Finance Director, shall be placed with the City to insure that proper completion of any improvements in the public right of way, landscaping, grading, surface water drainage, and all other site improvements required on the approved plans. Government entities and school districts are exempt from this section.

(3)   The value of the financial guarantee shall be twenty-five percent (25%) of the City Engineer's estimated value of the site improvements with a minimum financial guarantee of five hundred dollars ($500.00) placed with the City.

(4)   The financial guarantee shall be released at the City verification of the project being completed in compliance with the approved site plans.

   (Ord. 109-14. Passed 6-23-14.)

(1)   Strengthen, protect, enhance and improve the existing visual and aesthetic character of the City, and to prevent the creation or perpetuation of nuisances or blight in the City.

(2)   To integrate developments into the surrounding environment, as well as to ensure that each new development and redevelopment will be attractive.

(3)   To protect and improve property values.

(4)   To foster and encourage creative application of design principles.

(5)   To ensure that the particular existing design features, which contribute to the unique character of Medina, are retained and re-created in a manner that retains and enhances the City's sense of community.

(6)   To ensure that new development and redevelopment are compatible and harmonious with the existing overall character of the City, especially when development is proposed in areas where the existing structures do not have architectural features that warrant replication or enhancement.

(7)   To bring new buildings into an orderly arrangement with landscape and nature, other buildings, and open space areas.

(8)   To ensure that these objectives are achieved through an impartial review process which assures that each proposal complies with these guidelines.

A.   It does not enhance or improve the character of the City and/or the surrounding environs of the project, or

B.   It is unrepresentative of the overall character of the City and/or the prevalent character of the surrounding environs of the project.

A.   The visibility of both properties from a common point; or

B.   The location of both properties within a relatively compact network of streets, walkways or spaces.

(1)   The height, width and general proportions of the structure shall complement adjacent buildings so that an overall harmonious appearance is created and maintained.

(2)   The architecture of a commercial building should not act as a recognizable logo for a national corporation or franchise. The building architecture is deemed to be a "logo" when the specific business occupying the proposed building could still be easily identified if all the allowable signs were to be removed

(3)   Architectural details and ornamentation shall be meaningful to the overall design and appropriate for the size and scale of proposed structures, and harmonious with other architectural details and ornamentation on adjacent structures.

(4)   Blank walls (without openings) shall not be permitted on public faces of any building.

(5)   The use of long unbroken building facades shall be avoided. Front building facades shall exhibit the use of recesses, fenestration, pilasters, or other architectural features deemed appropriate to provide character.

(6)   The front door or main entrance to a building shall be visible from the street. An entrance to a public building shall be clear and visible and not obscured by building masses.

(7)   Materials shall be appropriate for the structure and the use therein. Materials shall be weather-resistant. The materials shall be compatible with and not in stark contrast to the materials used on adjacent structures.

(8)   Colors and textures shall be appropriate for the size and scale of the proposed structure and shall be harmonious with adjacent structures. Building colors shall consist of earth-tones. Bright, chromatic, colors are discouraged.

(9)   The materials, colors, and finishes used for screening roof top mechanical equipment and other surface equipment shall be consistent with the primary structure and, to the extent practicable; such screening shall be designed as an integral part of the architecture of the building.
(Ord. 109-14. Passed 6-23-14.)

(10)   The following styles and materials are inappropriate and shall be discouraged from use:

A.   Mansard roofs for one-story structures in an area that is residential in character,

B.   Pre-engineered metal buildings and "pole buildings",

C.   Exposed concrete or cinder block on the front or sides of any building (except split face, ½ high or other special "architecturally patterned" block),

D.   Stucco appearance, unless it is utilized with bands of accent color, recessed or protruding belt courses, wide reveals, or combinations thereof,

E.   Sheet metal siding, except as rain gutter/downspouts; exposed unstained wood; exposed steel nails; vinyl siding; and flimsy vertical wood siding (e.g., T-111),

F.   Bright or primary colors, and/or awnings which are in stark contrast to other structures in the surrounding area and/or the design of the proposed structure.
(Ord. 58-17. Passed 4-24-17.)

(11)   Roof materials should be asphalt, fiberglass and slate. Clay tile and/or ribbed metal may have merit as a variation, but will be very carefully considered in contrast to adjacent materials.

(12)   Landscaping shall be designed to:

A.   Maintain an appropriate proportion of deciduous and non-deciduous trees.

B.   Be in such locations, scale and quantity to be integrated with the building design.

C.   Clearly designate entrances and exits.

D.   Reasonably screen paved area from the street through the use of mounding, the land's natural topography, and/or adequate vegetation.

(13)   Parking, to the extent feasible, shall be located behind the front wall of the building. Only circulation drives, when necessary, will be permitted in front of the building.

(14)   Approaches, drives and parking areas shall be of appropriate size and scale in relation to the appearance of the proposed development from public rights-of-way, adjacent property and the internal portion of the site itself. Such appropriate scale shall be achieved by the width of approaches and drives, by having adequate but not excessive parking, and by using landscaping within large parking areas. Curbing and adequate landscaping shall be provided between driveway aprons.

(15)   Mechanical equipment, waste receptacles, and other similar appurtenant or accessory structures shall be located to minimize the impact on the building and the community.

(16)   Large Retail Establishment Standards shall apply to retail business where an individual tenant, owner, occupant, or business occupies more than 10,000 square feet. Large retail establishments shall also be subject to the following:

A.   Facades greater than 100 feet in horizontal length shall incorporate wall plane projects or recesses having a depth of at least three percent (3%) of the length of the façade and extending at least twenty percent (20%) of the façade. No uninterrupted length of any façade shall exceed 100 horizontal feet. Facades that have no customer entrance are only visible from service areas and are screened from abutting properties and customer parking are exempt from this requirement.

B.   Facades that face a public street shall have arcades, display windows, entry areas, awning or other such features along no less than sixty percent (60%) of their horizontal length.

C.   Each large parking lot must be divided into smaller lots through the incorporation of landscaping and/or pedestrian walkways.

D.   Each parking lot must provide customer trash receptacles throughout the lot.

E.   In the event of property abandonment or vacancy, maintenance of facilities and grounds, including buildings and structures, landscaping, parking lots and storm water runoff facilities shall be conducted.

(17)   Development for Industrial Uses within the I-1 Industrial District shall only be required to comply with the following standards:

A.   Architectural details and ornamentation on the street façade shall be meaningful to the overall design and appropriate for the size and scale of proposed structures, and harmonious with other architectural details and ornamentation on adjacent structures

B.   Additions and accessory structures should be designed to be compatible with the main structure.

C.   All exterior finished materials, including windows and doors, shall be of architectural grade with long term maintenance characteristics.

(a)   Classify, regulate, and restrict the location of residences, commercial establishments, industries, institutional, recreation and other land uses, and the location of buildings designed for specified uses;

(b)   Regulate and limit the height of buildings and structures;

(c)   Regulate the percentages of lot areas which may be covered by impervious surfaces;

(d)   Establish setback lines, sizes of yards and other open spaces surrounding such buildings.

(e)   Regulate the density of population of Medina, Ohio.

A.   Requirements for detached accessory buildings associated with principal buildings used primarily for residential purposes in all districts, and associated with principal buildings for all uses on lots located in the M-U District:

1.   No detached accessory building shall be constructed upon a lot until construction of the principal building on the lot has been completed.

2.   Detached accessory buildings shall be located in the rear yard.

3.   Detached accessory buildings shall be built no closer than five (5) feet to rear and side lot lines.

4.   No detached accessory building shall be located closer than ten (10) feet to any other building, unless a closer distance is approved by the Planning Director.

5.   The height of detached accessory buildings shall be limited to fifteen (15) feet.

6.   There shall not be more than three (3) detached accessory buildings on one lot.

7.   The combined area of all detached accessory buildings on a lot shall not exceed 744 square feet, except as follows: The maximum combined area of all detached accessory buildings on a lot may be increased to a maximum of 1,032 square feet, provided that such area shall not exceed ten percent (10%) of the area of the rear yard of the lot.

8.   In the event that a detached accessory building is to be used at any time as a private garage or carport, a hard surfaced driveway shall be installed as required by Sections 1145.05(c) and 1145.06(c).

9.   Detached objects including swing sets, play structures, etc., shall be exempted from the provisions of subsections (l)(2)A.4., 6., 7. and 8., above, provided that they do not require permanent location on the ground or attachment to something having location on the ground, pursuant to this Ordinance or the standards and requirements of the building regulations adopted and administered by the City.

10.   Swimming pools shall be exempted from the provisions of subsections (l)(2)A.6. and 7. above provided that they meet all other standards and requirements as adopted and administered by the City.

B.   Requirements for detached accessory buildings associated with principal buildings used primarily for nonresidential uses on lots located in all districts other than the M-U District:

1.   No detached accessory building shall be constructed upon a lot until construction of the principal building on the lot has been completed.

2.   Detached accessory buildings shall be located in the rear yard.

3.   A detached accessory building shall comply with all setback requirements of the district in which it is located.

4.   No detached accessory building shall be located closer than ten (10) feet to any other building, unless a closer distance is approved by the Building Official.

5.   In no case shall the height of a detached accessory building exceed the height of the principal building.

A.   Landscaping and other decorative or ornamental features shall be exempted from the provisions of subsection (m)(2) hereof.

B.   Other items shall be exempted from provisions of this Section only as outlined in subsection (l)(2)A.9. above.
(Ord. 109-14. Passed 6-23-14.)

(1)   On all properties, no vehicle or other object used or intended primarily for storage purposes shall be located on a lot for more than two (2) periods, not exceeding ten (10) consecutive days each, during any calendar year. On nonresidential properties, the Planning Director may waive these.

(Ord. 63-16. Passed 5-9-16.)

(3)   Prohibitions. No roosters, geese or turkeys may be kept except on a parcel that is greater than one (1) acre in area and only if the coop or cage housing the bird(s) is at least fifty (50) feet from all property lines. No predatory birds may be kept on any property under the regulations of this Section.

(2)   Such payment shall be used as follows:

A.   To purchase or improve public open space land which will serve the quadrant of the City in which the lot for which payment is made is located, unless Council approves the use of such payment in a different quadrant.

B.   With Council approval, up to fifty percent (50%) of the open space land funds received after the effective date of this subsection may be used toward the purchase of public property.

C.   For the purpose of establishing the four (4) quadrants of the City, they shall be defined as bounded by West Liberty-East Washington Streets and North and South Court Streets.

   (Ord. 109-14. Passed 6-23-14.)

(1)   New infill development shall be compatible with the neighboring structures in terms of proportion, size, mass and height.

(2)   Similar materials, colors, architectural details and roof pitch shall be used on all sides and on all structures on the site and shall be harmonious with adjacent properties.

(3)   The creation of a vertical canyon effect between structures shall be minimized. For instance, when a one story structure is proposed next to a two story structure, the space between the two buildings shall increase as wall height increases.

(a)   In addition to the submission requirements set forth in Section 1107.06 and 1114.05, the following data shall be required to be submitted to the Planning Director:

(1)   Present use and land subject to zone change;

(2)   Present zoning district;

(3)   Proposed use and plans including the proposed Conceptual Plan;

(4)   Proposed SPD zoning district;

(b)   All land within the SPD shall be contiguous in that it shall not be divided into segments by (1) any limited access highway, or (2) any tract of land not owned by the developer of the SPD.

(a)   A concentration of retail and service oriented commercial establishments serving as a principal business activity center for the community.

(b)   An area recommended in the Comprehensive Plan for special zoning regulations.

(c)   A property located in a transition area where there is a need to provide for a greater mixture of uses than would be permitted in standard zones of this Ordinance.

(d)   Lands which permit for ingenuity, imagination and design efforts on the part of builders, architects, site planners, and developers that can produce residential developments which are in keeping with overall land use intensity and open space objectives while departing from the strict application of use setback, height and minimum lot size requirements contained in this Ordinance.

(e)   Land that is occupied by substantial natural characteristics worthy of preservation or which are historic aids to the identification of residential communities which help residents relate to their communities and to relate the social organization of communities to their physical environments.

(a)   Circulation Plan, illustrating the basic route of major pedestrian and vehicular ways within the project and their intersection with existing rights of way.

(b)   Land Use Plan which shall include schematic presentation of basic land uses and their relationship to existing vegetation, topography, and other natural aspects of the site including descriptions of proposed uses in the non-residential portions of the site.

(c)   Density, indicating the net density of areas under review and an indication of the type(s) of structure(s).

(d)   Transitions, including visual illustrations of how transitions/ buffers will be accomplished between the SPD District and adjacent districts.

(e)   Development Guidelines for the development of the site which may include lot and yard requirements, signage, parking and landscaping controls.

      (1)   Principal Permitted Uses.

      (2)   Accessory Uses.