(a)   The intent of these standards is to accommodate sustainable energy systems and storm water collection facility systems in appropriate locations for private use, while protecting the public’s health, safety and welfare.

   (b)   It is also the purpose of these regulations to promote the safe, effective and efficient use of alternative energy and storm water collection systems installed to reduce the on-site consumption of utility supplied energy, hot water and conservancy of storm water runoff as a residential accessory use while protecting health, safety and welfare of adjacent and surrounding land uses through appropriate zoning and land use controls.

(Ord. 2022-24. Passed 5-24-22.)

   As used in this chapter, the following definitions apply.

   (a)   “Closed-Loop Geothermal System.” A type of geothermal heating and/or cooling system that utilizes a pressurized heat exchanger consisting of pipe, a circulating pump, and a water source heat pump in which the heat transfer fluid is not exposed to the atmosphere. The heat transfer fluid is potable or beneficial reuse water and may have approved antifreeze added.

   (b)   “Geothermal System.” A system that uses a heat pump to extract heat from the earth in heating mode and/or reject heat into the earth in cooling mode. It is also called a geothermal heat pump system, a ground-coupled heat pump system, an earth-source heat pump system, and a GeoExchange system.

   (c)   “Ground Mounted System.” A solar photovoltaic system mounted on a structure, pole or series of poles constructed specifically to support the photovoltaic system and not attached to any other structure.

   (d)   “Impervious Surface.” A surface area that prevents or retards the infiltration of water into the soil and/or a hard surface area that causes water to run off the surface of the ground in greater quantities or at an increased rate of flow from the conditions prior to development, construction, building or installation.

   (e)   Meteorological Tower (Met Tower).” Includes the tower, base plate, anchors, guy wires and hardware, anemometers(wind speed indicators), wind direction vanes, booms to hold equipment for anemometers and vanes, data loggers, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location. For the purpose of this chapter, met towers shall refer only to those whose purpose are to analyze the environmental factors needed to assess the potential to install, construct or erect a small wind conversion energy system.

   (f)   “Modification.” Any change to the small wind conversion energy system that materially alters the size, type or location of the small wind energy system. Like-kind replacements shall not be construed to be a modification.

   (g)   “Net Metering.” The difference between the electricity supplied to a customer over the electric distribution system and the electricity generated by the customer’s small wind conversion energy system that is fed back into the electric distribution system over a billing period.

   (h)   “Open-Loop Geothermal System.” A type of geothermal heating and/or cooling system that utilizes a water-supply well and a water pump to deliver ground water to a water-source heat pump. The discharge water from the water-source heat pump may be returned to the subsurface through a recharge well or infiltration bed, or may be discharged into a pond, lake, or stream. A spring may also be the source of the ground water supply.

   (i)   “Roof Mounted System.” A solar photovoltaic system attached to any part or type of roof on a building or structure that has an occupancy permit on file with the City and that is either the principal structure or an accessory structure on a recorded lot. This system also includes any solar-based architectural elements.

   (j)   “Shadow Flicker.” The visible flicker effect when rotating blades of the wind generator cast shadows on the ground and nearby structures causing a repeating pattern of light and shadow.

   (k)   “Small Wind Conversion Energy System (Private Use).” Means a system consisting of a wind turbine, tower, and associated control or conversion electronics for the purpose of providing electrical power to a lawful principle use. A system having a rated capacity of 100 kW or less for non-residential uses shall be considered a private use system for the purposes of the regulations. These systems are considered accessory uses in the GI zoning district.

   (l)   “Solar Photovoltaic (PV) System.” A solar collection system consisting of one or more roof and/or ground-mounted systems, solar photovoltaic cells, panels or arrays and solar related equipment that rely upon solar radiation as an energy source for collection, inversion, storage and distribution of solar energy for electricity generation. A solar PV system is a generation system with a nameplate capacity of not greater than 50 kilowatts when used as an accessory use in a residential zoning district. A solar PV system permitted as an accessory use in a non-residential zoning district shall not exceed a nameplate capacity larger than 3,000 kilowatts. The on-site energy production of any solar PV system located within the City shall not exceed an energy level greater than the amount currently permitted by the Ohio Public Utility Commission guidelines.

   (m)   “System Height.” The vertical distance from ground level to the tip of the wind generator blade when it is at its highest point.

   (n)   “Tower.” The monopole, guyed monopole or lattice structure that supports a wind generator.

   (o)   “Tower Height.” The height above grade of the fixed portion of the tower, excluding the wind generator.

   (p)   “Tracking System.” A number of photovoltaic modules mounted such that they track the movement of the sun across the sky to maximize energy production, either with a single-axis or dual-axis mechanism.

   (q)   “Wind Generator.” The blades and associated mechanical and electrical conversion components mounted on top of the tower whose purpose is to convert kinetic energy of the wind into rotational energy used to generate electricity.

(Ord. 2022-24. Passed 5-24-22.)

      (1)   Property lines and physical dimensions of the applicant’s property;

      (2)   Location, dimensions, and types of existing major structures on the property;

      (3)   Location of the proposed small wind conversion energy system, foundations, guy anchors and associated equipment;

      (4)   Tower foundation blueprints or drawings;

      (5)   Tower blueprints or drawings;

      (6)   Setback requirements as outlined in this Zoning Code;

      (7)   The right-of-way of any public road that is contiguous with the property;

      (8)   Any overhead utility lines;

      (9)   Small wind conversion energy system specifications, including manufacturer, model, rotor diameter, tower height, tower type, nameplate generation capacity;

      (10)   Small wind conversion energy systems that will be connected to the applicable power grid shall include a copy of the application for interconnection with their electric utility provider;

      (11)   Sound level analysis prepared by the wind generator manufacturer or qualified engineer;

      (12)   Electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the Ohio Basic Building Code;

      (13)   Evidence of compliance or non-applicability with Federal Aviation Administration requirements; and

      (14)   List of names and addresses of abutting property owners to the applicant’s property.

      (1)   Within sixty days of the receipt of the application to construct a small wind conversion energy system approval, the Planning Commission shall act on it by holding a public hearing pursuant to the procedure set forth in this Section 1123.03(f).

         A.   The Planning Commission shall hold a public hearing on the small wind conversion energy system application within sixty days after receipt of all required application information, and failure to act within such period shall be considered disapproval of the appeal, unless an extension of time is mutually agreed upon by both the City and the applicant.

         B.   The Planning Commission shall make a final determination on a small wind conversion energy system application request.

      (4)   The Building Commissioner shall issue a building permit for the small wind conversion energy system following the public hearing based upon an affirmative vote by the Planning Commission that such proposed system satisfies the requirements of this chapter and all other applicable standards found within this Zoning Code.

(Ord. 2022-24. Passed 5-24-22.)

   The Planning Commission shall evaluate the application for compliance with the following standards:

      (1)   A minimum of 1.2 times the total extended height from the project property lines adjacent to any residential zoning district or residential land use.

      (2)   A minimum of .75 times the total extended height from the project property lines adjacent to any non-residential zoning district.

      (3)   Guy wire anchors may not extend closer than twenty feet from any property line.

      (4)   A twenty-foot minimum setback from any part of the turbine, rotors or guy wires to any property line.

      (1)   The applicant shall demonstrate through project site planning and proposed mitigation that the small wind conversion energy system’s visual impacts will be minimized for surrounding neighbors and the community. This may include, but not be limited to information regarding site selection, wind generator design or appearance, buffering, and screening of ground mounted electrical and control equipment. All electrical conduits shall be underground, except when the financial costs are prohibitive.

      (2)   The color of the small wind conversion energy system shall be a non-obtrusive color such as tan, sand, gray, black or similar color that blends in with the surrounding environment.

   (l)   Lighting. Wind system towers shall not be artificially lighted unless required, in writing, by the Federal Aviation Administration(FAA) or other applicable authority that regulates air safety. Where the FAA requires lighting, the lighting shall be the lowest intensity allowable under FAA regulations; the fixtures shall be shielded and directed to the greatest extent possible to minimize glare and visibility from the ground; and no strobe lighting shall be permitted, unless expressly required by the FAA. Lighting levels shall not exceed 0.5 foot-candles at any common property line with property residentially zoned or used for residential purposes.

(Ord. 2022-24. Passed 5-24-22.)

   (a)   At such time that a small wind conversion energy system facility is scheduled to be abandoned, discontinued or the City can establish that the small wind conversion energy system facility has been abandoned for a continuous period of 180 days, this shall constitute a nuisance.

   (b)   Once declared a nuisance, the City shall follow those nuisance abatement procedures as set forth in the Middleburg Heights Codified Ordinances.

(Ord. 2022-24. Passed 5-24-22.)

   The installation and construction of a solar energy system shall be subject to the following development and design standards.

      (1)   A roof mounted solar energy system is permitted in all residential zoning districts as an accessory use and subject to the applicable regulations found in this chapter including the applicable accessory use standards found in Chapter 1141.

      (2)   Ground mounted solar energy systems are prohibited in all residential zoning districts.

      (1)   Roof mounted or ground mounted solar energy systems are permitted as an accessory use only in all non-residential zoning districts subject to the applicable accessory use standards found in Chapter 1141.

      (2)   A ground mounted solar energy system shall not exceed the maximum building height for accessory buildings permitted in the zoning district where proposed to be located.

      (3)   The surface area of a ground mounted solar energy system and any ancillary mechanical equipment when approved as an accessory use on a parcel shall be calculated as part of the overall lot coverage. The maximum allowable lot coverage area shall be the same as permitted for accessory uses in the zoning district for which the system is located.

      (5)   A ground mounted solar energy system or system attached to an accessory building shall not be located within the required front yard setback.

      (6)   The minimum solar energy system setback distance from the property lines shall be equivalent to the accessory use building setback requirement of the respective zoning district.

      (7)   A ground mounted solar energy system and any appurtenances shall be fully screened with a solid wood fence meeting the fence requirements provided for the respective zoning district.

      (1)   A solar energy system approved as an accessory use in any zoning district shall provide power for the principal use and accessory use of the property on which the solar energy system is located and shall not be used for the generation of power for the sale of energy to other users, although this provision shall not be interpreted to prohibit the sale of excess power generated from time to time to the local utility company.

      (2)   A solar energy system connected to the utility grid shall provide written authorization from the local utility company acknowledging and approving such connection.

      (3)   A roof mounted system may be mounted on a principal building or accessory building. A roof mounted system whether mounted on the principal building or accessory building, may not exceed the maximum building height or accessory building height specified for the building type in the underlying zoning district. In no instance shall any part of the solar energy system extend beyond the edge of the roof.

         A.   The panels located on any sloped roof shall not be located within three feet of any peak, eave, or valley of the roof to maintain pathways of accessibility.

         B.   For a roof mounted system installed on a sloped roof that faces any front yard of a lot, the system must be installed at the same angle as the roof on which it is installed with a maximum distance, measured perpendicular to the roof, of eighteen inches between the roof and highest edge or surface of the system.

         C.   For a roof mounted system installed on a sloped roof that faces any side yard or rear yard of a lot, the system may be installed at an angle that varies from the roof angle on which it is installed.

 

 

         D.   Roof mounted systems are permitted to face any rear, side and front yard or any unregulated yard area as defined in this Zoning Code. Roof mounted systems may only be mounted on legally permitted principal or accessory structures.

         E.   For a roof mounted system installed on a flat roof, the highest point of the system shall be permitted to extend up to six feet above the roof to which it is attached. However, in no instance shall the roof mounted system extend beyond the maximum height for a structure in the respective zoning district for which the lot is located.

         F.   The maximum roof mounted system height shall be based on the type of structure for which the roof mounted system is attached consisting of either a permitted structure height or an accessory structure height.

         G.   If a roof mounted system is to be installed on any building or structure that is nonconforming because its height violates the height restrictions of the zoning district in which it is located, the roof mounted system shall be permitted so long as the roof mounted system does not extend above the peak or highest point of the roof to which it is mounted and so long as it complies with the other provisions of this Zoning Code.

         H.   If a ground mounted system is to be installed on a lot containing a structure that is non-conforming because the required minimum setbacks are exceeded, the proposed system shall be permitted so long as the system does not encroach into the minimum legal setback area as set forth in the current setback requirements of the zoning district which the lot is located. If a ground mounted system is to be installed on a lot that is non-conforming because it violates zoning district requirements other than setbacks, then a variance must first be obtained for the proposed installation.

         I.   The number of solar panels and supporting equipment shall be considered as one solar energy system.

         J.   In any residential zoning district, the total area of all roof mounted solar energy equipment shall not exceed fifty percent (50%) of the total roof area.

      (1)   Ground mounted mechanical equipment shall be fully screened from any adjacent property that is residentially zoned or used for residential purposes. The screening shall consist of shrubbery, trees, or other plant materials which provides a 100% opaque visual screen. In lieu of a vegetation screen, a six foot minimum, solid wood fence as approved by the Building Commissioner.

      (2)   Roof mounted mechanical equipment systems mounted on a flat roof shall not be visible from the farthest edge of the public right-of-way, exclusive of a defined alley, measured at a level of five feet from the ground in a similar manner as to any other roof mounted HVAC or mechanical equipment. This can be accomplished with architectural screening such as a building parapet or by setting the system back from the roof edge in such a manner that the solar energy PV system is not visible from the farthest edge of the public right-of-way when measured at a distance of five feet from the ground.

 

      (3)   Roof mounted mechanical equipment systems installed on a sloped roof shall not be required to be screened.

      (4)   Ground mounted mechanical equipment shall not be located within the minimum front yard setback of the underlying zoning district.

      (5)   Ground mounted mechanical equipment shall be setback at least ten(10)feet from the rear and side property lines.

      (6)   No part of a ground-mounted solar energy system shall extend into the required setbacks due to a tracking system or other adjustment of solar PV related equipment or parts.

   (e)   Solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways. Solar panels shall not be placed in the vicinity of the airport in a manner that would interfere with airport flight patterns. Acknowledgement from the Federal Aviation Administration may be necessary. All power transmission lines from a ground mounted solar energy system to any building or other structure shall be located underground.

   (f)   A solar energy system shall not be used to display advertising, including signage, streamers, pennants, spinners, reflectors, ribbons, tinsel, balloons, flags, banners or similar materials. The manufacturers’ or installers’ identification and any appropriate warning signs and placards may be displayed on the solar energy system provided they comply with the prevailing sign regulations.

   (g)   Where general standards within this Zoning Code and specific criteria provided for in this chapter overlap, the specific criteria shall supersede the general standards.

(Ord. 2022-24. Passed 5-24-22.)

   (a)   A solar energy system shall not be constructed until a building permit has been approved and issued. The design of the solar energy system shall conform to applicable industry standards.

      (1)   A building permit shall be obtained for a solar energy system per the Ohio Basic Building Code.

      (2)   All wiring shall comply with the applicable version of the National Electric Code(NEC).

      (3)   The local utility provider shall be contacted to determine grid interconnection and net metering policies.

      (4)   The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from a certifying organization and any such design shall be certified by an engineer registered in the State of Ohio.

   (b)   The solar energy system shall comply with all applicable City of Middleburg Heights Ordinances and Codes so as to ensure the structural integrity of such solar energy system.

   (c)   Before any construction can commence on any solar energy system the property owner must acknowledge that he or she is the responsible party for owning and maintaining the solar energy system. If the solar energy system is abandoned or is in a state of disrepair it shall the responsibility of the property owner to remove or maintain the solar energy system.

   (d)   If a ground mounted solar energy system is removed, any earth disturbance as a result of the removal of the ground mounted solar energy system shall be graded and reseeded.

(Ord. 2022-24. Passed 5-24-22.)

   The installation and construction of a geothermal energy system, referred to as a ground source heat pump system, shall be subject to the following development and design standards:

      (1)   Ground source heat pump systems shall adhere to the applicable accessory use standards set forth in Chapter 1141 unless modified by this section.

      (2)   A ground source heat pump system shall not count toward the maximum number of permitted accessory uses allowed on a single parcel.

 

      (2)   Above-ground equipment associated with ground source heat pumps shall not be installed in the front yard of any lot or the side yard of a corner lot adjacent to a public right-of way shall meet all required setbacks for the applicable zoning district for an accessory use.

      (1)   The heat pump and any external mechanical equipment shall be removed.

      (2)   Pipes or coils below the land surface shall be filled with grout to displace the heat transfer fluid. The heat transfer fluid shall be captured and disposed of in accordance with applicable regulations. The top of the pipe, coil or boring shall be uncovered and grouted.

      (3)   Lake ground source heat pump systems shall be completely removed from the bottom of the body of water.

(Ord. 2022-24. Passed 5-24-22.)

   (a)   The installation and construction of a green roof system shall be subject to the following development and design standards:

      (1)   The applicant shall submit documentation demonstrating that the roof can support the additional load of plants, soil, and retained water, and that an adequate soil depth will be provided for plants to thrive.

      (2)   The applicant shall submit documentation demonstrating that the required green roof system components are present in the design of the system.

      (3)   The applicant may request that similar industry accepted design component or construction method be substituted for a required component referred to in the illustration below.

      (4)   The request to substitute a required green roof system component must be accompanied by supporting documentation indicating that the proposed substitution meets or exceeds the intended design or construction result as referred to in the illustration below.

(Ord. 2022-24. Passed 5-24-22.)

   (a)   The installation and construction of a rain barrel system shall be a permitted use in all zoning districts, unless specified otherwise in this section, and shall be subject to the following development and design standards:

      (1)   The maximum size of any rain barrel shall not exceed sixty-five gallons in any residential zoning district and shall not measure more than forty-eight inches from grade level to the top of the barrel or extension thereof.

      (2)   A rain barrel may be located in the side yard or rear yard areas of a parcel subject to the standards set forth in this section.

      (3)   The top of all rain barrels shall be fully covered to prevent any exposed stored water.

      (4)   Any rain barrel water overflow shall be adequately discharged into the public stormwater system as approved by the Building Commissioner. In no instance shall rain barrel water overflow be discharged into any adjoining property.

      (5)   A rain barrel shall not extend more than thirty-six inches from the building face of the primary or accessory structure.

         A.   No more than two rain barrels shall be placed in any side yard area.

         B.   Rain barrels located in any side yard shall be screened from the public or private roadway utilizing solid screening consisting of either: all season vegetation; or a fence or wall constructed of natural materials. The Building Commissioner shall review and approve of all proposed screening plans.

         A.   The number of rain barrels located in a rear yard shall be unlimited.

         B.   If a rain barrel located in a rear yard is visible from a public or private roadway, the rain barrel shall be screened from the public or private roadway utilizing solid screening consisting of either: all season vegetation; a fence or wall constructed of natural materials. The Building Commissioner shall review and approve of all proposed screening plans.

(Ord. 2022-24. Passed 5-24-22.)

   Compost bins are permitted in the rear and interior side yard subject to the following standards:

   (a)   The organic waste must be generated and used on-site;

   (b)   An in-vessel is required (an enclosed container with no openings greater than one quarter inch) for organic waste;

   (c)   All composting related activities shall:

      (1)   Not create a nuisance(odor, litter, dust or noise, or attracts vectors or pests);

      (2)   Provide for the control of insects, rodents, birds and other vectors or pests; Control measures may include grinding ingredients, providing screening or netting, or conducting composting operations in an in-vessel;

      (3)   Provide surface water control to prevent composting material from sitting in ponded seepage surface water;

      (4)   Not contain sewage, sludge, seepage or catch basin waste;

      (5)   Composting of animal flesh is prohibited;

   (d)   Compost bins and any related activities shall be located a minimum of ten feet from any property line and a minimum of three feet from any building foundation; and

   (e)   Composting bins and any related activities shall not be permitted in a side yard fronting on a public or private roadway on any corner lot.

(Ord. 2022-24. Passed 5-24-22.)

   The installation and construction of a rain garden shall be subject to the following development and design standards.

   (a)   The applicant shall submit a plan showing the location and dimensions of the rain garden.

   (b)   The applicant shall submit documentation demonstrating that the rain garden is sized to collect the runoff from a specific surface area.

   (c)   A rain garden shall be set back at least ten feet from any main dwelling.

   (d)   A rain garden shall be set back at least five feet from any lot line.

   (e)   A rain garden shall include a storm water overflow which must be directed to appropriate outlets to the storm drainage system and away from neighboring properties, sidewalk, steep slopes, or retaining walls.

   (f)   A rain garden shall be maintained to ensure they are continuing to function as originally intended and to be safe.

 

(Ord. 2022-24. Passed 5-24-22.)