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Twinsburg City Zoning Code

TITLE THREE

Land Use Standards

1108.01 APPLICABILITY OF USE-SPECIFIC STANDARDS.

   (a)   Compliance; Modifications of Use-specific Standards. Where a use within Table 1108.02-A: Residential Zones Use Permissions or Table 1108.02-B: Non-Residential Zones Use Permissions is included within Chapter 1111 - Use-Specific Standards, any such applicable provisions shall be construed to be a condition of the use's approval, except where explicitly modified through the approval of a conditional use permit per Section 1125.03 - Conditional Use Permit or through the approval of a variance per Section 1125.04 - Development Variance.
   (b)   Use-specific Standards May Apply to Undefined Uses. If, per Section 1103.03 - Interpretation of Uses, a use is determined to be functionally the same as a defined use that is subject to use-specific standards in Chapter 1111, such use-specific standards shall also apply to the proposed use.
   (c)   Use Specific Standards Apply to Principal and Accessory Uses. The provisions of Chapter 1111 - Use-Specific Standards apply to each instance of a use, whether the use is a principal use or an accessory use on a lot, unless otherwise expressly stated in this Code.
(Ord. 68-24. Passed by Electorate 11-7-24.)

1108.02 COMPREHENSIVE USE PERMISSIONS.

   (a)   Use Permissions. The use permissions in Table 1108.02-A: Residential Zones Use Permissions and Table 1108.02-B: Non-Residential Zones Use Permissions identify for each zone or district the principal and accessory uses that are allowed by right through approval of a zoning permit, allowed through approval of a conditional use permit, allowed as an accessory use, or prohibited per the following key:
      (1)   A solid circle identifies a use as allowed through the approval of a zoning permit (per Section 1123.03 - Zoning Permit) within a specified zone or district.
      (2)   A half-filled circle identifies a use that is allowed through the approval of a conditional use permit (per Section 1125.03 - Conditional Use Permit) within a specified zone or district.
      (3)   A circled letter 'A' identifies a building, feature, or use that is allowed as an accessory use through the approval of a zoning permit (per Section 1123.03 - Zoning Permit) within a specified zone or district.
      (4)   A hyphen identifies a building, feature, or use that is prohibited within a specified zone or district.
   (b)   Modification of Use Permissions. The use permissions in Table 1108.02-A: Residential Zones Use Permissions and Table 1108.02-B: Non-Residential Zones Use Permissions may be modified by other provisions of this Code, including but not limited to:
      (1)   Chapter 1111 - Use-Specific Standards; and
      (2)   Section 1113.03 - Residential Infill Development Standards.
Table 1108.02-A: Residential Zones Use Permissions
 
  = Allowed with Permit
= Conditionally Allowed
(A) = Allowed as Accessory Use
- = Prohibited
Use-Specific
Standards
Residential Zones
Use Name
R-2
R-3
R-4
R-5
R-6
R-7
PUD
RESIDENTIAL USES
Multi-Unit Dwelling
-
-
-
-
 
 
  
One-Unit Dwelling
  
  
  
 
-
 
  
Two-Unit Dwelling
-
-
-
-
-
-
-
Attached One-Unit Dwelling
-
-
-
 
 
-
 
Life Care Facility
-
-
-
-
-
  
 
COMMERCIAL AND OFFICE USES
Child Day Care Center
-
-
-
-
-
-
 
Drive-Up Service Window
-
-
-
-
-
-
 
Group Fitness Instruction
-
-
-
-
-
-
 
Office (Medical)
-
-
-
-
-
-
  
Office (Non-Medical)
-
-
-
-
-
-
  
Retail Sales (Perishable Goods)
-
-
-
-
-
-
  
Retail Sales (Non-Perishable Goods)
-
-
-
-
-
-
  
Service Oriented Use
-
-
-
-
-
-
  
Telecommunication Tower
 
 
 
 
 
 
 
Table 1108.02-A: Residential Zones Use Permissions (Cont.)
 
  = Allowed with Permit
= Conditionally Allowed
(A) = Allowed as Accessory Use
- = Prohibited
Use-Specific
Standards
Residential Zones
Use Name
R-2
R-3
R-4
R-5
R-6
R-7
PUD
INSTITUTION, PUBLIC, RECREATIONAL USES
Recreation Use, Outdoor
 
 
 
 
 
 
 
Religious Institution
 
 
 
 
 
 
 
Utility Facilities
-
 
 
 
 
 
 
ACCESSORY AND TEMPORARY USES
Attached Accessory Dwelling Unit
(A)
(A)
(A)
-
-
-
(A)
Attached or Detached Accessory Uses
(A)
(A)
(A)
(A)
(A)
(A)
(A)
Automotive Charging Service
-
-
-
-
-
-
(A)
Home Occupation
(A)
(A)
(A)
(A)
(A)
(A)
(A)
Solar Energy Collection System
See Section 1111.08
Wind Energy Turbine
See Section 1111.11
Table 1108.02-B: Non-Residential Zones Use Permissions
 
  = Allowed with Permit
= Conditionally Allowed
(A) = Allowed as Accessory Use
- = Prohibited
Use-Specific
Standards
Non-Residential Zones
Use Name
PF
C-1
C-2
C-3
DWTN
I-1
I-M
FD
RO
RESIDENTIAL USES
Multi-Unit Dwelling
-
-
-
-
  
-
-
-
-
One-Unit Dwelling
-
 
-
-
  
-
-
-
-
Two-Unit Dwelling
-
-
-
-
-
-
-
-
-
Attached One-Unit Dwelling
-
-
-
-
 
-
-
-
-
COMMERCIAL AND OFFICE USES
Child Day Care Center
-
 
  
 
 
 
 
-
-
Entertainment Establishment (Adult)
-
-
-
-
-
-
  
-
-
Entertainment Establishment (Non-Adult)
-
-
  
-
 
-
  
-
-
Group Fitness Instruction
-
  
  
  
  
-
-
-
-
Hotel or Motel
-
-
-
  
  
-
-
-
-
Kennel
-
-
-
-
-
-
 
-
-
 
  = Allowed with Permit
= Conditionally Allowed
(A) = Allowed as Accessory Use
- = Prohibited
Use-Specific
Standards
Non-Residential Zones
Use Name
PF
C-1
C-2
C-3
DWTN
I-1
I-M
FD
RO
Microbrewery and/or Microdistillery
-
-
-
  
  
  
  
-
-
Life Care Facility
  
-
 
-
 
-
-
-
-
Off-Street Parking Lot or Garage
-
-
  
  
 
-
  
-
-
Office (Medical)
-
  
  
  
  
  
  
-
-
Office (Non-Medical)
-
  
  
  
  
  
  
-
-
Passenger Transportation Agency and Terminal
-
-
-
  
  
-
-
-
-
Radio and Television Broadcasting Station
-
-
  
-
-
-
-
-
-
Retail Outside Sale
-
  
  
  
-
-
-
-
-
Retail Sale (Perishable Goods)
-
  
  
  
  
-
-
-
-
Retail Sale (Non-Perishable Goods)
-
  
  
  
  
-
-
-
-
Retail Showroom
-
-
  
  
  
  
(A)
-
-
Service-Oriented Use
-
  
  
  
  
-
-
-
-
 
  = Allowed with Permit
= Conditionally Allowed
(A) = Allowed as Accessory Use
- = Prohibited
Use-Specific
Standards
Non-Residential Zones
Use Name
PF
C-1
C-2
C-3
DWTN
I-1
I-M
FD
RO
Tavern, Bar, and Pub
-
-
  
  
  
-
-
-
-
Telecommunication Tower
-
 
 
 
 
 
 
 
-
Vape/CBD Sales
-
-
  
  
  
-
-
-
-
AUTOMOTIVE USES
Automotive Charging Service
  
  
  
  
  
  
  
-
-
Automotive Sales and Rental
-
-
-
-
-
  
-
-
-
Automotive Service, Major
-
-
-
-
-
  
  
-
-
Automotive Service, Minor
-
-
  
  
-
  
  
-
-
Car Wash
-
-
-
(A)
-
  
-
-
-
Drive-Up Service Window
-
-
 
 
 
-
-
-
-
Gasoline and Fuel Service Station
-
-
-
 
-
-
-
-
-
   
 
  = Allowed with Permit
= Conditionally Allowed
(A) = Allowed as Accessory Use
- = Prohibited
Use-Specific
Standards
Non-Residential Zones
Use Name
PF
C-1
C-2
C-3
DWTN
I-1
I-M
FD
RO
INSTITUTION, PUBLIC, RECREATIONAL USES            
Adult Day Care
-
 
 
 
-
 
 
-
-
Cemetery
  
-
-
-
-
-
-
-
-
Civic Use
  
-
-
-
-
-
-
-
-
Club or Lodge
 
 
 
 
 
-
-
-
-
Governmental, Municipal, County, State, and Federal Use
  
-
-
-
  
-
-
 
-
Hospital
  
-
 
 
-
 
-
-
-
Mortuary or Funeral Home
  
 
 
 
-
-
-
-
-
Recreation Use, Indoor
-
-
 
-
 
 
 
-
-
Recreation Use, Outdoor
 
 
 
-
 
-
-
 
-
Religious Institution
 
 
 
 
 
 
 
 
-
School - Primary/Secondary
  
-
-
-
-
-
-
-
-
 
   = Allowed with Permit   
= Conditionally Allowed
(A) = Allowed as Accessory Use
- = Prohibited
Use-Specific
Standards
Non-Residential Zones
Use Name
PF
C-1
C-2
C-3
DWTN
I-1
I-M
FD
RO
School - Post-Secondary
-
-
  
-
  
-
-
-
-
School - Vocational
-
-
  
-
-
  
  
-
-
Utility Facilities
-
 
 
 
 
 
 
  
-
Veterinarian Hospital or Clinic
-
-
 
 
-
-
  
-
-
INDUSTRIAL USES
Brewing or Distilling of Liquors
-
-
-
-
-
-
 
-
-
Gas and Oil Well
-
-
-
-
-
-
-
  
-
Industry, Light
-
-
-
-
-
  
  
-
-
Industry, Medium
-
-
-
-
-
-
  
-
-
Industry, Heavy
-
-
-
-
-
-
  
-
-
Marijuana Cultivation
-
-
-
-
-
  
  
-
-
Marijuana Dispensary
-
-
-
-
-
-
-
-
-
Marijuana Processing
-
-
-
-
-
-
  
-
-
Outside Storage
-
-
-
-
-
 
 
-
-
 
   = Allowed with Permit
= Conditionally Allowed
(A) = Allowed as Accessory Use
- = Prohibited
Use-Specific
Standards
Non-Residential Zones
Use Name
PF
C-1
C-2
C-3
DWTN
I-1
I-M
FD
RO
Pet Cremation
-
-
-
-
-
-
 
-
-
Self-Storage Facility
-
-
-
-
-
 
 
-
-
Steam Plant
-
-
-
-
-
-
 
-
-
ACCESSORY USES
Attached Accessory Dwelling Unit
-
(A)
-
-
(A)
-
-
-
-
Attached or Detached Accessory Uses
(A)
(A)
(A)
(A)
(A)
(A)
(A)
(A)
-
Helistop
(A)
-
-
(A)
-
(A)
(A)
(A)
-
Home Occupation
-
-
-
-
(A)
-
-
-
Solar Energy Collection System
(A)
(A)
(A)
(A)
(A)
(A)
(A)
(A)
-
Wind Energy Turbine
(A)
(A)
(A)
(A)
(A)
(A)
(A)
(A)
-
(Ord. 68-24. Passed by Electorate 11-7-24.)

1108.03 PROHIBITED USES.

   (a)   Uses Not Identified. Any use not expressly set forth and defined in this Code shall be deemed to be prohibited.
   (b)   Hazardous, Noxious, and Offensive Uses Prohibited. No use shall be allowed or authorized to be established which, when conducted in compliance with the provisions of this Code and any additional conditions or requirements prescribed, is or may become hazardous, noxious, or offensive due to the emission of odor, dust, smoke, cinders, gas, fumes, noise, vibration, refuse matters, or water-carried wastes.
   (c)   Specific Prohibited Uses Identified. The following uses are hereby declared undesirable for location with the corporate limits as being incompatible with suburban residential developments and the development and location of commercial businesses and industries which do not have an adverse effect upon the community. These uses are known to cause adverse effects upon public safety, health, roads, and lands due to excessive air pollution, unsightliness, and commonly involved processes and products or byproducts:
      (1)   Abattoir or slaughter house, stockyards, tannery, curing and storage of raw hides, manufacture and refining of tallow, grease and stock food manufacture from refuse, manufacturing, treatment, or handling of fertilizers (other than the sale of fertilizers as part of allowed retail uses), and the treatment or handling of offal and dead animals;
      (2)   Sewage disposal plants, garbage disposal plants, the treatment or handling of refuse, and landfills (other than those controlled by a political subdivision);
      (3)   Stone crushing processes, nitrating processes, and ferrous and nonferrous manufacturing processes;
      (4)   Manufacture of oiled cloth, oiled clothing, wood scouring, rayon, synthetic cloth and fiber, bricks, gypsum, cement, plaster, plaster of paris, lime, bronze powder, explosives, fireworks, matches, paper, pulp, carbon, lampblack, graphite, explosive or inflammable celluloid or pyroxylene products, acid, gas, coal gas, coal tar, mineral dye or dyestuffs, creosote, or byproducts from distillation processes;
      (5)   Impregnation of any fabric by oxidizing oils;
      (6)   Manufacture of rubber through a reclaiming process;
      (7)   Manufacture of chemicals or other processes that give off noxious fumes, smoke, odors, and/or vapors;
      (8)   Distillation of tar, bones, coal, or wood;
      (9)   Bulk storage of explosives, fireworks, gas, or acid (other than as accessory to an allowed industrial use);
      (10)   Hog feeding (other than in the ordinary practice of a farm's operation);
      (11)   Mobile home parks and temporary housing such as cabins (other than motels and hotels);
      (12)   Aviation fields for commercial aircraft (other than heliports);
      (13)   Junkyards or automotive graveyards;
      (14)   Commercial breeding, raising, and feeding of any animal such as fox, mink, skunk;
      (15)   Strip or open mining or extracting operations for clay, gravel, stone, coal, and other natural resources, except upon issuance of a condition use permit (per Section 1125.03 - Conditional Use Permit);
      (16)   Manufacturing and processing of uranium and plutonium;
      (17)   Storage, handling, and transportation of hazardous waste material;
      (18)   Warehousing and distribution of hazardous materials as a primary use; and
      (19)   Incineration of medical, pathological, and anatomical waste.
   (d)   Authorization Through Conditional Use Permits. Prohibited uses identified within this Section are hereby declared to be nuisances and shall not be allowed except where authorized by a conditional use permit (per Section 1125.03 - Conditional Use Permit), and only in the zone or district where such a conditional use may be allowed per Table 1108.02-A: Residential Zones Use Permissions or Table 1108.02-B: Non-Residential Zones Use Permissions.
   (e)   Prohibited Accessory Uses. Any use that is accessory to a prohibited use shall itself be prohibited. (Ord. 68-24. Passed by Electors 11-7-24.)

1108.04 MULTIPLE USES ON A LOT.

   (a)   Multiple Principal Uses Allowed. The following types of lots are allowed to have more than one principal use, so long as each principal use is allowed within the given zone or district and the associated building(s) meet the applicable standards:
      (1)   All lots within a C-1 Zone; and
      (2)   All lots within a nonresidential zoning or district (other than the C-1 Zone) that are not improved with a one-unit dwelling or a two-unit dwelling.
   (b)   Multiple Accessory Uses Allowed. Multiple accessory uses are allowed on a lot, provided that such accessory uses each meet the standards of Chapter 1109 - Accessory Buildings, Features, and Uses and other applicable standards of this Code.
(Ord. 68-24. Passed by Electors 11-7-24.)
CHAPTER 1109
Accessory Buildings, Features and Uses
1109.01   Accessory buildings and uses.
1109.02   Fencing.
1109.03   Outside storage, sales and services.

1109.01 ACCESSORY BUILDINGS AND USES.

   (a)   Applicability. For the purposes of this Section, an accessory building shall be any occupiable structure that includes a roof. Pools, patios, and decks that are not covered by a roof shall not be considered an accessory building.
   (b)   Attached Accessory Buildings. An accessory building that is attached to the principal building of a lot shall be made structurally a part thereof and shall comply in all respects with the requirements of this Code that are applicable to the principal building.
   (c)   Placement of Detached Accessory Buildings in the R-2, R-3 and R-4 Zones.
      (1)   Any detached accessory buildings, including, but not limited to, detached garages, shall be located not less than twenty (20) feet from the principal building of the lot, and shall be located not less than twenty (20) feet from any dwellings on adjacent lots.
      (2)   Detached accessory buildings shall not project into a required front lot line setback or a required side lot line setback except that within a rear yard, a detached accessory building, except for a detached garage, may be located not less than five (5) feet from a rear lot line.
   (d)   Accessory Buildings on Lots with Single-unit Dwelling Use. In addition to a detached garage, up to two (2) additional separate accessory buildings not exceeding 120 square feet in floor area each may be allowed on a lot with a one-unit dwelling use.
   (e)   Accessory Buildings on Corner Lots. On corner lots, an accessory building shall be setback from the side street lot line not less than the required setback of the principal building plus an additional five (5) feet.
   (f)   Accessory Buildings in the R-5 Zone. Accessory buildings shall not be allowed in the R-5 zone as an accessory use to a cluster dwelling.
   (g)   Accessory Buildings in the R-6 Zone. Accessory buildings may be allowed in the R-6 zone where they are accessory to multi-unit dwellings and meet all applicable dimensional standards. The uses of such buildings may include on-site leasing offices, on-site laundry facilities, on-site workout facilities, and accessory uses for the exclusive use and benefit of the residents of the property.
   (h)   Accessory Buildings in Non-residential Zones. Accessory structures shall be located behind the main building and shall have a minimum side yard not less than that of the main building. Accessory buildings located in rear yards and less than 600 square feet shall be exempt from submittal to Planning Commission for site plan review and shall be eligible for administrative review and approval. Security shelters such as guard houses, fee booths, attendant booths and other similar buildings may be located in a front yard upon site plan approval by the Planning Commission.
   (i)   Attached Garages. Up to one attached garage constructed as part of a residential dwelling may be allowed where such construction complies with the following:
      (1)   Attached garages shall comply with applicable setbacks for the respective zone or district.
      (2)   The vehicle storage area of an attached garage shall generally not exceed 600 square feet in floor area (see item 3).
      (3)   The vehicle storage area of an attached garage may be increased above 600 square feet in floor area based on the greater of (A) adding an additional twenty-five (25) square feet of vehicle storage area for every 100 square feet of first floor living area above 1,000 square feet; or (B) adding an additional ten (10) square feet of vehicle storage area for every foot of side lot line setback above the minimum for the respective zone or district.
      (4)   An attached garage that faces a street other than that which the primary entrance to the principal structure faces shall be setback from the lot line along such street not less than twenty-five (25) feet.
      (5)   An attached garage shall be set back not less than three (3) feet from the nearest front building wall of the principal building.
   (j)   Multiple Attached Garages. Residential dwellings on lots that are one (1) acre or greater in area may have two attached garages, where each attached garage meets the dimensional standards of subsection (h) above.
   (k)   Detached Garages. Up to one detached garage constructed on a lot with a residential dwelling may be allowed where it complies with the following:
      (1)   The vehicle storage area of a detached garage shall not exceed 600 square feet in floor area except that for every 1,000 square feet of lot area in excess of 17,000 square feet of lot area, an additional twenty (20) square feet of vehicle storage area shall be allowed.
      (2)   A detached garage shall not be larger in floor area than the associated principal building on the same lot.
      (3)   A detached garage shall not be taller than twelve (12) feet in height.
      (4)   A detached garage shall not be located closer to a front lot line or side lot line than the principal building on the same lot.
      (5)   A detached garage shall be located no closer than fifteen (15) feet from the rear lot line.
      (6)   A detached garage that faces a street other than that which the primary entrance to the principal structure faces shall be setback from the lot line along such street not less than twenty-five (25) feet.
      (7)   If a detached garage is constructed to serve as both a vehicle storage facility and as an accessory building for non-vehicle storage uses, then the maximum allowed size shall be determined by combining the maximum allowed size of a detached garage per this subsection (k) with the maximum allowed size of an accessory building per subsection (m), below
   (l)   Carports.
      (1)   Carports may be allowed but shall not replace an enclosed parking space as may be required per Chapter 1115 - Parking, Loading, and Circulation.
      (2)   Carports shall comply with all setbacks that apply to the lot per Section 1113.02 -Comprehensive Dimensional Standards
   (m)   Placement and Size Standards for Specified Accessory Buildings. Excluding attached garages, detached garages, and buildings for the keeping of personal livestock, accessory buildings shall comply with the following:
      (1)   The total floor area of all accessory buildings on a lot within a residential zone shall not exceed 140 square feet, except that for every 1,000 square feet of lot area in excess of 18,000 square feet of lot area, an additional twenty (20) square feet of floor area shall be allowed to a maximum of 1,500 square feet total. As accessory buildings increase in size, the minimum applicable setbacks shall be increased by five (5) feet for every increase of 100 square feet of floor area.
      (2)   The height of accessory buildings shall not be more than twelve (12) feet.
      (3)   Accessory buildings on lots in non-residential zones shall be located within the rear yard and shall be no closer to side lot lines than the associated principal building.
   (n)   Swimming Pools.
      (1)   Swimming pools in excess of twenty-four (24) inches in depth constructed either in the ground or above the ground shall be allowed as accessory to a dwelling, provided the pool and its surrounding structure shall be located in the side or rear yard not less than ten (10) feet from any lot line.
      (2)   For the protection of life and limb of the public, a temporary fence of at least forty-eight (48) inches in height must be installed completely around the area of excavation for a swimming pool, with such temporary fence remaining fully functional and in place until the construction of a permanent fence is complete.
      (3)   Every pool which is constructed either partially or wholly by means of an excavation or depression below grade shall be enclosed by a fence at least forty-eight (48) inches tall and shall be designed and constructed in a manner so as to prevent access to such pool by small children. Such pools constructed within a completely fenced yard that meets these requirements shall not require an additional fence.
      (4)   Pools constructed completely above grade which have a self-contained fence or siding with a removable access do not require a fence.
      (5)   Permanent fencing enclosing a swimming pool shall conform to the applicable standards in Section 1109.02 - Fencing.
      (6)   Pool equipment such as pumps, filters, and heaters, shall be located at least fifteen (15) feet from any lot line.
   (o)   Keeping of Personal Livestock. The keeping of personal livestock and bees shall be allowed only within residential zones, provided:
      (1)   The type, number, and applicable lot size requirements for a keeping a given domesticated adult animal are met, as provided in Table 1109.01-A: Personal Livestock and Hobby Bee Keeping Limits;
Table 1109.01-A: Personal Livestock and Hobby Bee Keeping Limits
 
Domesticated Adult Animal/Bees
Maximum Number of Adult Animals/Bees Allowed on a Lot
Minimum Required
Lot Size
Bees
One hive per 2,500 sq. ft. of lot area with a max of 12 hives (1)
N/A
Rabbits (3)
8
No minimum
Hen Chickens (2) (3)
5
.5 acres
Hen Chickens (2) (3) and Other Fowl (3)
10
1 acre
Miniature Horses, Miniature Llamas, Sheep and Goats (Female or Neutered Male) and Similar (3)
3
1 acre
Horses, Donkeys, Mules, and Similar (3)
2
2 acres
Table Notes:
(1)   No more than 12 hives (including nucleus hives) are allowed on any lot.
(2)   Roosters are not allowed.
(3)   Enclosed fencing is required for the keeping of livestock, chickens and other fowl.
      (2)   A stable, hen house, rabbit hutch, farm building, or the like is provided to retain such animals. The total floor area of such buildings on a lot shall not exceed 140 square feet, except that for every 1,000 square feet of lot area in excess of 18,000 square feet, an additional twenty (20) square feet of floor area shall be allowed to a maximum of 1,500 square feet total. As accessory buildings increase in size, the minimum applicable setbacks shall be increased by five (5) feet for every increase of 100 square feet of floor area. The height of such buildings shall not exceed twenty (20) feet;
      (3)   Beekeeping equipment must be oriented away from neighboring properties, entrances to bee hives must not directly face an adjacent property, bee hives must be located within the rear yard of the lot and must be kept a minimum of twenty (20) feet from lot lines;
      (4)   A fresh water supply supporting bee hives must be maintained on a subject property with beekeeping and such water supply must be closer to the bee hives than any other water source not on the subject property (e.g., a bee hive may not be closer to a pool on a neighboring property than the fresh water supply source provided on the subject property);
      (5)   Beekeepers must be residents of the property;
      (6)   A "flyaway barrier" is required for lots less than .5 acres in area. The "flyaway barrier" must be a solid screen or dense hedge, at least 6ft high, extending at least two (2) feet on either side of the hive, and located within five (5) feet of the hive. It must be placed along the entrance side of the beehive
      (7)   All apiaries in the state of Ohio must be registered with ODA as required by ORC 909.02 and must follow all State of Ohio rules and regulations
      (8)   The stable or corral, exclusive of perimeter fences in which livestock is kept, shall not be located in a front yard, shall not be closer to a front lot line than twenty (20) feet behind the front elevation of the principal building on the lot, shall be set back at least 75 feet from side or rear lot lines, and shall provide a separation of at least 500 feet from any dwelling on adjacent lots that were constructed as of the date of a received complete approval application for such stable or corral. Such buildings may be located not less than twenty (20) feet from those portions of a side or rear lot line that abut a park;
      (9)   The corral shall be screened from the public right-of-way by a landscaped screen or by the building itself; and
      (10)   The stable or corral shall be located so as not to cause a health hazard, shall be not less than 100 feet from any stream, and shall be not less than 300 feet from any well.
   (p)   Vegetable Gardens and Roadside Stands.
      (1)   A roadside stand and signs offering for sale agricultural products grown on the premises may be erected on private property in front of the principal building's setback from a front lot line. Off-street parking associated with a roadside stand shall be located so as not to create a traffic hazard for pedestrians, bicyclists, and vehicles operating or maneuvering near or past the site.
      (2)   Vegetable gardens with varieties of crops and herbs that grow less than three (3) feet tall are allowed in any yard provided they are set back at least five (5) feet from all lot lines.
      (3)   Vegetable gardens with varieties of crops that grow taller than three (3) feet are allowed in side yards and rear yards provided they are set back at least ten (10) feet from side and rear lot lines.
      (4)   Vegetable gardens shall not be allowed to become unkempt. High weeds must be removed from all outdoor spaces, including gardens.
      (5)   The provisions of this subsection (p) shall not be construed to prevent the planting of non-invasive flowers or the planting of non-invasive trees.
   (q)   Composting. Composting shall be allowed only within residential zones, provided:
      (1)   Such use is not conducted as a business, or as accessory to a business;
      (2)   The materials to be composted must originate on the same property as the location of the principal building for which it serves;
      (3)   The composting site shall be maintained in a safe, sanitary, neat, and orderly fashion to prohibit the spread of disease vectors, rodents, and insects, and minimize odors;
      (4)   The composting structure shall permit proper aeration of the composted material;
      (5)   The compost structure shall not be located in any front yard, and shall be located twenty (20) feet from the rear or side lot line.
      (6)   All composting structures shall enclosed on the top and all sides; and
      (7)   No composting structure shall exceed four (4) feet in height.
      (8)   Total composting volume shall not exceed seventy-five (75) cubic feet per lot.
   (r)   Attached Accessory Dwelling Units. Attached accessory dwelling units shall be regulated by the provisions of Section 1111.01 - Attached accessory dwelling Unit.
   (s)   Accessory Electric Vehicle Charging Station. Electric vehicle charging stations are an allowed accessory use of a parking lot, a parking structure, or a garage.
   
   (t)   Outside Storage.
      (1)   For the purposes of this section, "storage" shall mean the maintenance of a location containing various items overnight.
      (2)   Outside storage shall generally be subject to the provisions of Section 1109.03 - Outside Storage, Sales, and Services, except as provided herein.
      (3)   Outside storage of materials or equipment in residential zone is not permitted.
         (Ord. 68-24. Passed by Electorate 11-7-24.)

1109.02 FENCING.

   (a)   Applicability. The provisions of this Section 1109.02 apply to all new fences and alterations of existing fences other than the following:
      (1)   Shrubbery fences, hedges, or other natural growth along property lines.
      (2)   Small ornamental lattice-type fences that are no taller than four (4) feet in height and that are attached to or adjoining a dwelling and forming part of its decoration and/or landscaping.
      (3)   Fences serving as enclosures for swimming pools, where such fences meet the applicable standards of Section 1109.01(n), above.
      (4)   Fences serving as enclosures around telecommunications towers and associated structures and equipment, where such fences meet the applicable standards of Section 1111.09 - Telecommunication Towers.
   (b)   General Fence Material and Design Standards.
      (1)   All fencing shall have openings a minimum of 1-5/8-inch wide to allow for the movement of light and air between boards.
      (2)   All chain link fencing, where allowed, shall be vinyl clad.
      (3)   Vinyl cladding on fencing shall be black, dark brown, or dark green in color.
      (4)   Vinyl fencing shall be white, black, dark brown, or dark green in color.
      (5)   Wood fences and/or simulated wood fencing shall be white, natural, or earth tones, with both sides of the fence being the same color.
      (6)   Wrought iron and aluminum fencing shall be white, black, dark brown, or dark green in color.
   (c)   Fencing in Residential Zones. In residential zones, fences other than those exempted by this Section 1109.02 may be erected subject to the following standards:
      (1)   Fences no taller than six (6) feet in height are allowed in rear and/or side yards but shall not be located closer to a front lot line than the principal building. Fences in rear and/or side yards may be up to eight (8) feet tall along the portions of rear and/or side lot lines that abut commercial or industrial uses or that abut lots that are within a nonresidential zones.
      (2)   Fences not taller than four (4) feet in height are allowed in a front yard. Such fences shall not be constructed of chain link and may have a maximum opacity of fifty percent (50%).
      (3)   The side of the fence that is closes to an adjacent lot line and that faces outward from the yard being fenced shall have a smooth or flat finish with all horizontal, diagonal, and vertical supporting members being located on the side of the fence that faces into the yard being fenced.
      (4)   In keeping with the other provisions of this Code, owners of adjacent lots may agree on the size, character, construction, and location of boundary line fences, and the proportion in which they shall bear the expense thereof.
      (5)   A snow fence or fence of a similar type may be erected or placed in any yard during the period from November 1st to April 30th for the purpose of preventing the drifting of snow on highways, driveways, and sidewalks. Such fence shall not be used at any time as a temporary or permanent fence or enclosure, except during the construction of a swimming pool or any other type of excavation where a temporary protective fence is required.
      (6)   A combination split rail and mesh fence may be allowed in rear yards only. The mesh in such fences shall be vinyl clad 9-gauge wire with openings that are a minimum of two (2) inches and a maximum of four (4) inches wide.
   (d)   Fencing in Nonresidential Zones. In nonresidential zones, fences may be erected subject to the following standards:
      (1)   Lots that are improved with a building or upon which a nonresidential use operates must provide an eight (8)-foot-tall fence of at least eighty percent (80%) opacity within six (6) inches of those portions of the property lines that abut residential zones, unless a separate design and/or location is approved or required by the Board of Zoning and Building Code Appeals (BZBA).
      (2)   Eight (8)-foot fences are allowed in rear yards and side yards on non-corner lots within industrial zones.
      (3)   Except for fences described in subsection (d)(1) and (2), above, fences no taller than six (6) feet in height are allowed in any location on the lot but shall have a maximum opacity of fifty percent (50%), unless a separate design is approved or required by the BZBA.
   (e)   Prohibited Fences And/or Fencing Areas.
      (1)   No fences shall be constructed, erected, or maintained in a manner that may cause damage, in any degree, to the sidewalk, curb, gutter, berm, sewers, water lines, paving, or other property of the City of Twinsburg; nor shall any fence create a safety hazard for pedestrians or vehicular traffic.
      (2)   No fence shall be constructed, erected, or maintained within a utility easement, except where, as part of their approval application, the applicant provides a written approval from the easement holder for the proposed fence's location.
      (3)   No fence shall be constructed, erected, or maintained with materials inherently dangerous to life or limb, including but not limited to barbed wire and electrically charged wire. This prohibition does not apply to areas where agriculture is the principal use of such lands and such proposed fence is a type normally used in husbandry. This prohibition does not apply where a variance has been approved by the Planning Commission based upon the need for security. The basis for security fencing must be adequately demonstrated by the applicant.
      (4)   Fences in a stockade design are prohibited.
      (5)   Fences on corner lots shall be no closer than ten (10) feet from an adjacent right-of-way.
      (6)   Fences are limited or prohibited within required vision clearance triangles per the provisions of Section 1114.05 - Clear Sight Triangle.
         (Ord. 68-24. Passed by Electorate 11-7-24.)

1109.03 OUTSIDE STORAGE, SALES, AND SERVICES.

   (a)   Accessory Outside Storage, Sales and Services Prohibited. All storage, retail sales, and services shall be conducted within enclosed buildings unless a conditional use permit (per Section 1125.03 - Conditional Use Permit) has been secured for storage or conduct of business outside the walls of the principal building.
   (b)   Outside Storage and Conditional Use Permits (Commercial Zones). Where authorized through an approved conditional use permit, outside storage on lots that are within a commercial zone shall be confined to locations in the immediate vicinity of the principal building.
   (c)   Outside Storage and Conditional Use Permits (Industrial Zones). Where authorized through an approved conditional use permit, outside storage may be permitted, provided:
      (1)   Screening must be provided in a manner that prevents direct views of the storage area from vantage points outside of the subject lot for those portions of the lot that are adjacent to a non-industrial use.
      (2)   Screening other than trees shall not be taller than ten (10) feet.
      (3)   Materials stored outside shall not be taller than the screening provided.
      (4)   Storage yards shall be paved.
      (5)   Outside storage may be permitted only if it is an essential component of the primary business function.
   
   (d)   Increased Parking Requirements for Outside Retail Sales and Services. The Planning Commission is hereby authorized to require additional parking spaces above the applicable requirements of Chapter 1115 - Parking, Loading, and Circulation where retail sales and services are accommodated outside of enclosed buildings.
   (e)   Specified Retail Sales in Open Yards Allowed. Retail sales in open yards limited to garden equipment, supplies, nursery stock, monuments, and automobile and equipment rental may be allowed provided such sales are in connection with a legal conforming use in the zone or district and are activities normally associated with business conducted within a business building on the same lot. (Ord. 68-24. Passed by Electorate 11-7-24.)

1110.01 TEMPORARY BUILDINGS AND USES.

   (a)   Permit Required. Temporary buildings and uses may only be legally established through the approval of a zoning permit (per Section 1123.03), conditional use permit (per Section 1125.03), and/or any approval required as though the temporary building or use were a principal building or use.
   (b)   Prohibited Uses as Temporary Uses. Any uses that are prohibited per Table 1108.02-A: Residential Zones Use Permissions or Table 1108.02-B: Non-Residential Zones Use Permissions shall not be allowed as temporary uses.
   (c)   Temporary Construction Buildings. Temporary construction buildings, such as trailers and enclosures for construction materials held onsite, shall meet the following standards:
      (1)   Temporary construction buildings shall only be allowed on lots that are the location of an active construction site for an approved construction project, or on lots immediately abutting such active construction site.
      (2)   Temporary construction buildings shall not be required to meet setback requirements of Table 1113.02-A: Residential Zones Dimensional Standards, Table 1113.02-B: Commercial and Public Zones Dimensional Standards, Table 1113.02-C: Industrial Zones Dimensional Standards, but must at all times provide a minimum setback of ten (10) feet from any lot lines, unless a separate staging plan is approved by the City as part of an approved permit for the associated construction.
      (3)   Temporary construction buildings may only be located in an approved location for the duration of the associated construction activities. Temporary construction buildings must be removed from the site when construction activities are complete or when the associated construction activities have been abandoned (no work has been completed within a period of three (3) months).
   (d)   Temporary Anemometers. A temporary anemometer may only be legally established through the approval of a zoning permit (per Section 1123.03), in compliance the applicable regulations of Section 1111.11 - Wind Energy Turbines, and in compliance with the following:
      (1)   The construction, installation, or modification of an anemometer tower shall require a building permit and shall conform to all applicable local, state, and federal applicable safety, construction, environmental, electrical, communications, and FAA requirements.
      (2)   An anemometer shall be subject to the minimum requirements for height, setback, separation, location, safety, and decommissioning standards that correspond to the size of the wind energy turbine proposed to be constructed on the lot.
   (e)   Temporary Signs. Temporary signs shall be regulated by the provisions of Chapter 1116 - Signs. (Ord. 68-24. Passed by Electorate 11-7-24.)

1111.01 ATTACHED ACCESSORY DWELLING UNIT.

   (a)   Allowed Number of Accessory Dwelling Units. To increase housing alternatives while maintaining neighborhood aesthetics and quality, one attached accessory dwelling unit, when allowed within the zone or district, may be permitted provided the following conditions are met:
      (1)   Where applicable homeowners association covenants, conditions and restrictions do not permit accessory dwelling units, no such unit shall be allowed.
      (2)   Attached accessory dwelling units shall not include more than two (2) bedrooms.
      (3)   Attached accessory dwelling units shall be permitted only on properties containing an owner-occupied single-family dwelling.
      (4)   There shall be not more than one attached accessory dwelling unit per lot.
      (5)   The owner of a property containing an attached accessory dwelling unit shall reside in either the principal or the attached accessory dwelling.
      (6)   An attached accessory dwelling unit shall contain self-sufficient living quarters consisting of adequate sleeping, bathing and eating accommodations.
      (7)   An attached accessory dwelling unit shall be subsidiary in size and function to the principal dwelling and be compatible with the principal dwelling in appearance, design, colors, and materials.
      (8)   An attached accessory dwelling unit may be located within or added to the principal structure. When a unit is added, the attached accessory dwelling must share a wall with the primary structure. A breezeway or other extension of the principal structure is not an allowable attachment for an accessory dwelling unit to a principal structure.
      (9)   An exterior entry to the attached accessory dwelling unit shall not face the street as a second front door.
      (10)   All required setbacks shall be in compliance with the zone or district in which the attached accessory dwelling unit is located.
      (11)   If the accessory dwelling unit site is not served by centralized utilities, well and septic provisions shall comply with Summit County Health Department regulations.
      (12)   There shall be one parking space in the rear or side yard for the accessory dwelling and no additional curb cut.
      (13)   The structure and lot shall not be converted to a condominium or any other form of legal ownership distinct from the ownership of the principal single-family dwelling.
      (14)   An attached accessory dwelling unit shall not be considered to be an additional dwelling unit for the purposes of determining minimum lot size or development density of the property.
      (15)   Accessory dwelling units that are detached from the principal building are prohibited.
   (b)   Size Standards. The square footage of an attached F unit shall be:
      (1)   Minimum 400 square feet.
      (2)   Maximum 1,000 square feet; or a maximum of fifty percent (50%) of the gross floor area of the associated principal dwelling.
   (c)   Separate Entrance Allowed. Attached accessory dwelling units may have a separate exterior entrance from the principal use.
   (d)   Attachment Requirements.
      (1)   An accessory dwelling unit shall be considered attached only if it is connected to the principal use via shared ceilings/floors, shared walls, and/or enclosed spaces. Such enclosed spaces may include but are not limited to an indoor stairway or an enclosed breezeway. Such breezeway may not be longer than twenty (20) feet at its longest dimension.
      (2)   An unenclosed or open-air breezeway shall not be considered an enclosed space for the purpose of developing an attached accessory dwelling unit.
         (Ord. 68-24. Passed by Electorate 11-7-24.)

1111.02 AUTOMOTIVE SALES AND RENTAL, AUTOMOTIVE SERVICE, CAR

   (a)   Applicability. The provisions of this Section 1111.02 apply to the following uses:
      (1)   Automotive sales and rental;
      (2)   Automotive service, major;
      (3)   Automotive service, minor;
      (4)   Car wash; and
      (5)   Off-street parking lot or garage.
   (b)   Minimum Separation from Uses. Except for within the DWTN District, the above automotive/vehicular uses shall not be operated, erected, altered, or otherwise located within 500 feet of any schools, public playground, church, hospital, public library, park picnic area, or institution for dependents or for children, nor within 500 feet of a block front that has such a use.
   (c)   Minimum Lot Dimensions. The specified uses shall not be erected or constructed on a lot which does not meet the minimum lot area and/or minimum lot frontage requirements, as applicable, of Section Title 41113.02 - Comprehensive Dimensional Standards
   (d)   Parking Lot or Garage in DWTN District. Within the DWTN District, off-street parking lots and/or garages may be allowed as the principal use of a lot only where such parking lot and/or garage is owned by the City of Twinsburg.
   (e)   Driveway Approach Standards. Driveway approaches from a right-of-way to a lot with any of the uses specified in subsection (a), above, must meet the following standards:
      (1)   Driveway approaches shall not be located within sixty (60) feet of a lot line within any residential zones that are within the same block front.
      (2)   No more than two (2) driveway approaches shall be allowed directly from any thoroughfare. Such driveway approaches shall not exceed thirty (30) feet in width along the lot lines.
      (3)   Driveway approaches shall be located as far from street intersections as practicable and shall not be located within forty (40) feet of a street intersection.
   (f)   Pedestrian Safety Curb Required. Lot lines along public and private rights-of-way shall be improved with a pedestrian safety curb that is at least six (6) inches tall, exclusive of driveway approaches.
   
   (g)   Operating Hours and Standards.
      (1)   The uses specified shall not be operated unless the owner(s), proprietor(s), employees, or authorized agents are on the premises.
      (2)   All activities associated with the specified uses, except the dispensing of air, the outside storage of vehicles for rent or sale, and other similar activities, shall be carried out entirely within buildings.
   (h)   Automotive Service Standards. The following standard apply to uses that provide repair services (major or minor) to automotive vehicles:
      (1)   Only two (2) motor vehicles per service bay that are needed in the furtherance of the business shall be stored on the premises outside of buildings (excluding rental vehicles, towing trucks, and similar vehicles).
      (2)   No motor vehicles, accessories, or parts shall be stored, kept, or maintained outside the principal building except that tires, propane tanks, and ice may be stored in metal, fireproof enclosures. Such enclosures shall not be used as billboards and signs thereon shall meet the applicable standards of Chapter 1116 - Signs.
      (3)   Used tires shall be stored in an area at the rear of the principal building that is screened from public view.
      (4)   There shall be no litter upon the property except in closed metal containers provided with enclosures.
   (i)   Automotive Rental Standards. Any rental vehicles, whether pulled (such as trailers) or self-propelled, shall not be located closer to a front lot line than the principal building on the lot. (Ord. 68-24. Passed by Electorate 11-7-24.)

1111.03 CHILD DAY CARE CENTER.

   (a)   DWTN District Standards. Within the DWTN district, child day care center uses shall meet the following standards:
      (1)   Outdoor play areas shall be screened from adjacent uses with a landscaping or vegetative buffer that is at least twenty (20) feet wide, except where abutting a building that is on the same lot as the play area. Required or voluntarily provided fences may be placed within this buffer.
      (2)   All child day care centers shall possess a current license to operate from the State of Ohio. (Ord. 68-24. Passed by Electorate 11-7-24.)

1111.04 ENTERTAINMENT ESTABLISHMENT (ADULT).

   (a)   Purpose. It is the purpose of this Section to regulate adult entertainment establishments to promote the health, safety, moral, and general welfare of the citizens of the City, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of adult entertainment establishments within the City. The provisions of this Section have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this Section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is the intent nor effect of this Section to condone or legitimize the distribution of obscene material.
   (b)   Findings and Rationale. Based on evidence of adverse secondary effects of adult uses presented in hearings and in reports made available to the Planning Commission and City Council, and on findings, interpretations, and narrowing constructions incorporated in the cases of City of Littleton v. Z.J Gifts D-4, L.L.C., 541 U.S. 774 (2004); City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002); Pap's A.M v. City of Erie, 529 U.S. 277 (2000); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41(1986), Young v. American Mini Theatres, 426 U.S. 50 (1976), Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); California v. LaRue,409 U.S. 109 (1972); and Deja Vu of Cincinnati, Inc. v. Union Township, Ohio, 411 F.3d 777 (6th Cir. 2005); DLS, Inc. v. City of Chattanooga, 107 F.3d 403 (6th Cir. 1997); Brandywine, Inc. v. City of Richmond, 359 F.3d 830 (6th Cir. 2004); Currence v. City of Cincinnati, 28 Fed. Appx. 438 (6th Cir. 2002); Broadway Books v. Roberts, 642 F.Supp. 486 (E.D. Tenn. 1986); Bright Lights, Inc. v. City of Newport, 830 F.Supp. 378 (E.D. Ky. 1993); Richland Bookmart v. Nichols, 137 F.3d 435 (6th Cir. 1998); Center for Fair Public Policy v. Maricopa County, 336 F.3d 1153 (9th Cir. 2003); Deja vu v. Metro Government, 1999 U.S. App. LEXIS 535 (6th Cir. Jan. 13,1999); Bamon Corp. v. City of Dayton, 923 F.2d 470 (6th Cir. 1991); Triplett Grille, Inc. v. City of Akron, 40 F.3d 129 (6th Cir. 1994);State v. Ullman, 2003-0hio-4003; State ex. rel. Nasal v. BJS No.2, Inc., 127 Ohio Misc.2d 101 (2003) O'Connor v. City and County of Denver, 894 F.2d 1210 (10th Cir. 1990); Deja vu of Nashville, Inc., et al. v. Metropolitan Government of Nashville and Davidson County, 274 F.3d 377 (6th Cir. 2001); Z.J Gifts D-2, L.L.C. v. City of Aurora, 136 F .3d 683 (10th Cir. 1998); ILQ Investments, Inc. v. City of Rochester, 25 F.3d 1413 (8th Cir. 1994); Threesome Entertainment v. Strittmather, 4 F.Supp.2d 710 (N.D. Ohio 1998); Bigg Wolf Discount Video Sales, Inc. v. Montgomery County, 256 F. Supp. 2d 385 (D. Md. 2003); Kentucky Restaurant Concepts, Inc. v. City of Louisville and Jefferson County, 209 F.Supp.2d 672 (W.D. Ky. 2002); Lady J Lingerie, Inc. v. City of Jacksonville, 176 F.3d1358 (11th Cir.
1999); Restaurant Ventures v. Lexington-Fayette Urban County Gov't, 60 S.W.3d 572 (Ct. App. Ky. 2001); World Wide Video of Washington, Inc. v. City of Spokane, 368 F.3d 1186 (9th Cir. 2004); Ben's Bar, Inc. v. Village of Somerset, 316 F.3d 702 dh Cir. 2003); and based upon reports concerning secondary effects occurring in and around sexually oriented businesses, including, but not limited to, Austin, Texas - 1986; Indianapolis, Indiana - 1984; Garden Grove, California - 1991; Houston, Texas - 1983; Phoenix, Arizona - 1979; Chattanooga, Tennessee - 1999-2003; Minneapolis, Minnesota - 1980; Los Angeles, California - 1977; Whittier, California - 1978; Spokane, Washington - 2001; St. Cloud, Minnesota - 1994; Littleton, Colorado - 2004; Oklahoma City, Oklahoma-1986; Dallas, Texas - 1997; Greensboro, North Carolina - 2003; Amarillo, Texas - 1977; New York, New York Times Square - 1994;and the Report of the Attorney General's Working Group On The Regulation Of Sexually Oriented Businesses, (June 6, 1989, State of Minnesota), the City Council finds:
      (1)   Entertainment establishments (adult), as a category of commercial uses, are associated with a wide variety of adverse secondary effects including, but not limited to, personal and property crimes, prostitution, potential spread of disease, lewdness, public indecency, obscenity, illicit drug use and drug trafficking, negative impacts on surrounding properties, urban blight, litter, and sexual assault and exploitation.
      (2)   Entertainment establishments (adult) should be separated from sensitive land uses to minimize the impact of their secondary effects upon such uses, and should be separated from other sexually oriented businesses, to minimize the secondary effects associated with such uses and to prevent an unnecessary concentration of sexually oriented businesses in one area.
      (3)   Each of the foregoing negative secondary effects constitutes a harm which the City has a substantial government interest in preventing and/or abating. This substantial government interest in preventing secondary effects, which is the City's rationale for this Section, exists independent of any comparative analysis between sexually oriented and non-sexually oriented establishments. Additionally, the City's interest in regulating entertainment establishments (adult) extends to preventing future secondary effects of either current or future entertainment establishments (adult) that may locate in the City. The City finds that the cases and documentation relied on in this Section are reasonably believed to be relevant to said secondary effects.
   (c)   Minimum Distance Requirements. No Entertainment Establishment (Adult) shall be approved or established within 500 feet of:
      (1)   A lot line within any residential zone.
      (2)   Any nonconforming residential dwelling.
      (3)   Any school - primary/secondary, school - post-secondary, child day care center, civic use, or religious institution.
      (4)   Any residential care facility.
      (5)   Any Public Facilities zone (PF).
      (6)   Any separate entertainment establishment (adult).
   (d)   Lighting Required. Lighting on the exterior of associated buildings and within parking areas shall be arranged to illuminate the entire off-street parking area with sufficient intensity to provide illumination of not less than two-foot candles as measured at the floor level.
(Ord. 68-24. Passed by Electorate 11-7-24.)

1111.05 GASOLINE AND FUEL SERVICE STATION.

   (a)   Minimum Separation from Uses. Gasoline and fuel service stations shall not be operated, erected, altered, or otherwise located within 500 feet of any schools, public playground, church, hospital, public library, park picnic area, or institution for dependents or for children, nor within 500 feet of a block front that has such a use.
   (b)   Minimum Lot Dimensions. A gasoline and fuel service station shall not be erected or constructed on a lot which does not meet the minimum lot area and/or minimum lot frontage requirements, as applicable, of Section Title 41113.02 - Comprehensive Dimensional Standards
   (c)   Driveway Approach Standards. Driveway approaches from a right-of-way to a lot with a gasoline and fuel service station must meet the following standards:
      (1)   Driveway approaches shall not be located within sixty (60) feet of a lot line within any residential zones that are within the same block front.
      (2)   No more than two (2) driveway approaches shall be allowed directly from any thoroughfare. Such driveway approaches shall not exceed thirty (30) feet in width along the lot lines.
      (3)   Driveway approaches shall be located as far from street intersections as practicable and shall not be located within forty (40) feet of a street intersection.
   (d)   Pedestrian Safety Curb Required. Lot lines along public and private rights-of-way shall be improved with a pedestrian safety curb that is at least six (6) inches tall, exclusive of driveway approaches.
   (e)   Minor Repairs Allowed. A gasoline and fuel service station may provide services of minor tune-ups to vehicles and trucks that do not exceed a one-ton weight rating. Such minor tune-ups include tire repair, replacement of small parts, and replacement of spark plugs, subject to the standards that apply to automotive service uses as provided in Section 1111.02 - Automotive Sales and Rental, Automotive Service, Car Wash, and Off-Street Parking Lot or Garage Uses.
   (f)   Prohibited Storage. Storage of inoperative vehicles is prohibited on lots with a gasoline and fuel service station use.
   (g)   Prohibited Work. A gasoline and fuel service station shall not provide services that involve automotive body work.
   (h)   Operating Hours and Standards.
      (1)   Gasoline and fuel service stations shall not be operated unless the owner(s), proprietor(s), employees, or authorized agents are on the premises.
      (2)   Except for the sale of gasoline, oil, and similar activities, all authorized outside storage and sales shall be confined to the immediate vicinity of, and on the same lot as, the principal building.
   (i)   Pump Island Standards. No pump shall be located less than twenty (20) feet from any pedestrian sidewalk.
   (j)   Principal Building Standards. Gasoline and fuel service stations shall be of modern fireproof construction and shall contain at least two (2) lavatories separated by soundproof walls.
   (k)   Parking. No vehicles may be parked closer to a front lot line than the principal building, except for vehicles that are being serviced at pump islands.
   (l)   Abandonment. An abandoned service station is presumed to be a nuisance affecting or endangering surrounding property values, is presumed to be detrimental to public health, safety, and welfare, and must be abated. An abandoned station is defined to be one which is not in operation for at least ninety (90) consecutive days provided further that the casual or intermittent use of such station during the ninety (90)-day period shall not prevent enforcement of this Section. Upon 120 days' notice from the City, the owner shall abate the abandoned condition by installing barriers to prevent vehicular access to the lot and by:
      (1)   Placing the service station in operation; or
      (2)   Adapting or using the building for another allowed use; or
      (3)   Razing the service station structure, removing pumps, signs, underground tanks, and restoring the land to conform to adjoining grades.
   (m)   Inoperative Stations. Inoperative service stations shall be maintained according to the following standards:
      (1)   Any grass on the property must remain cut;
      (2)   The lot must remain free of rubbish and weeds;
      (3)   Parking of motor vehicles is prohibited; and
      (4)   All advertising and identification signs shall be removed.
         (Ord. 68-24. Passed by Electorate 11-7-24.)

1111.06 HELISTOP.

   (a)   Conditional Use Permit Required. Helistops, as defined and regulated by other regulatory enactments of this Council under the Business Regulation Code, may only be established after approval of a conditional use permit (per Section 1125.03 - Conditional Use Permit) in those zones or districts where such a use is allowed per Table 1108.02-A: Residential Zones Use Permissions and Table 1108.02-B: Non-Residential Zones Use Permissions.
   (b)   Minimum Separation from Other Uses Required. Helistops shall be no closer than 300 feet from any dwelling in a residential zone.
   (c)   Helistop in C-3 and PF Zones. A helistop in the C-3 Zone or the PF Zone may be accessory only to a hospital use.
(Ord. 68-24. Passed by Electorate 11-7-24.)

1111.07 HOME OCCUPATION.

   (a)   Intent. The intent of this Section is to permit and regulate certain commercial activities at a limited scale within residential dwellings or on lots within a residential zone that have no or minimal adverse impacts on surrounding residential uses.
   (b)   Classification of Home Occupations. The Zoning Administrator is hereby authorized to classify and accordingly process proposed uses as minor home occupations, major home occupations, or prohibited home occupations based on the provisions of Table 1111.07-A: Classified Home Occupations and the following criteria, as applicable:
      (1)   Location of the proposed use (in relation to a dwelling on the same lot);
      (2)   Proposed physical changes to the property;
      (3)   Anticipated demand of visitors to the property, or lack thereof;
      (4)   Percentage of the floor area of the principal building and the percentage of the floor area of other buildings on the property proposed to be used by the home occupation;
      (5)   Proposed and anticipated equipment and supplies that would be maintained on the property in association with the proposed use;
      (6)   Level of noise, dust, vibration, glare, odors, and/or electrical interference from the operation of the proposed use;
      (7)   Number of, and primary residency of, employees; and
      (8)   The peak number of patrons, clients, students, or other visitors to the lot at one time.
Table 1111.07-A: Classified Home Occupations
 
Classification Type
Type of Home Occupation (1)
Minor Home Occupations
Home office
Home Based Ecommerce sales
Major Home Occupations
In person sales
Massage and physical therapy
Yoga instruction
Transfer of firearms
Prohibited Home Occupations
Automotive repair and related services
Use, storage, or sale of ammunition or the materials necessary for the
manufacture of ammunition
Coffee bean roasting
Table Notes:
(1) Home occupations listed in this table are provided as a non-exhaustive list of examples, subject to the criteria of this Section and other applicable sections of this Code, and subject to confirmation by the Zoning Administrator where required.
   (a)   Parking. In any residential zone, not more than two (2) vehicles per household used for a home occupation shall be parked in a front-yard driveway.
   (b)   Operation.
      (1)   Home occupations shall operate inside permitted and legally established buildings on the lot.
      (2)   In-person operations of home occupations shall be facilitated exclusively by persons who occupy the dwelling as their primary residence. Home occupations shall not have in-person employees who are not occupants of the dwelling on the lot. This provision shall not be interpreted to prevent exclusively remote-based employees from supporting the operation of the home occupation.
   (c)   Signage. Signage for home occupations may be allowed subject to the provisions of Chapter 1116 - Signs.
   (d)   Minor Home Occupations. Minor home occupations are characterized as computer- and telephone-based businesses that have no or limited in-person customer or client traffic to the subject lot. Further, minor home occupations:
      (1)   Do not require a zoning use certificate per Section 1123.03 - Zoning Permit to be legally established;
      (2)   Shall not generate more in-person traffic, including vehicular parking and deliveries, than would be normally expected in a residential neighborhood. Additional off-street parking beyond minimum requirements for the principal residential use shall not be required; and
      (3)   Shall not involve the use of equipment or processes that create noise, vibration, glare, fumes, odors, or electrical interference detectable to the average person outside of the subject lot.
   (e)   Major Home Occupations. Major home occupations are characterized as businesses that provide services to in-person customers or clients on a regular scheduled basis. Further, major home occupations:
      (1)   Require an approved Conditional Use Permit per Section 1125.03 - Conditional Use Permit to be legally established;
      (2)   Shall occupy less than fifty percent (50%) of the floor area of the principal building on the same lot and less than fifty percent (50%) of the total floor area of any accessory structures on the same property;
      (3)   Shall not generate more in-person traffic, including vehicular parking and deliveries, than would be normally expected in a residential neighborhood. Additional off-street parking beyond minimum requirements for the principal residential use shall not be required; and
      (4)   Shall not involve the use of equipment or processes that create noise, vibration, glare, fumes, odors, or electrical interference detectable to the average person outside of the subject lot.
   (f)   Prohibited Home Occupations. A proposed home occupation shall be prohibited if:
      (1)   It is listed as a prohibited home occupation in Table 1111.07-A: Classified Home Occupations;
      (2)   The Zoning Administrator classifies the proposed home occupation as being similar to a use listed as prohibited for the given zone or district in Table 1108.02-A: Residential Zones Use Permissions or Table 1108.02-B: Non-Residential Zones Use Permissions;
      (3)   The Zoning Administrator determines that the use would substantially change the residential character of the subject lot or adversely impact the surrounding residential area based on the criteria in subsection (b), above; or
      (4)   A requested conditional use permit is denied per the provisions of Section 1125.03 - Conditional Use Permit.
   (g)   Expansion of Existing Home Occupations. Any proposed expansion of an existing home occupation - including in terms of the occupied square footage, or number of customers or clients - shall require an approved zoning permit or an approved conditional use permit as applicable per the provisions of this Section and per the applicable provisions of Title 6 - Administration. (Ord. 68-24. Passed by Electorate 11-7-24.)

1111.08 SOLAR ENERGY COLLECTION SYSTEMS.

   (a)   Purpose and Intent. The purpose of this Section is to establish regulations for siting solar energy collection systems based on the following goals:
      (1)   To promote the safe, effective, and efficient use of solar energy collection systems and reduce the consumption of fossil fuels in producing electricity; and
      (2)   To preserve and protect public health, safety, and welfare by minimizing potential adverse impacts of solar energy collection systems.
   (b)   Applicability.
      (1)   This Section applies to all solar energy collection systems proposed to be constructed after the effective date of this Section, except as otherwise expressly stated.
      (2)   All solar energy collection systems constructed prior to the effective date of this Section shall not be required to meet the requirements of this Section. However, any physical modification to an existing solar energy collection system that materially alters its size, type, equipment, or location shall be subject to compliance with the standards of this Code and require approval of permits as specified within this Section.
      (3)   Building-integrated photovoltaic systems that adhere to applicable building codes and that do not increase a building's height or reduce a building's setbacks beyond the applicable dimensional standards shall be exempt from requiring separate permits per this Section.
   (c)   Solar Energy System Permissions. Solar energy collection systems shall be allowed or prohibited per Table 1111.08-A: Solar Energy System Permissions.
Table 1111.08-A: Solar Energy System Permissions
 
   = Allowed with Permit
   = Conditionally Allowed
- = Prohibited
  
Residential Zones
  
Non-Residential/
Non-Industrial Zones
  
Industrial Zones
  Type of Solar Energy System
  Photovoltaic System (Building-Mounted)
   
   
   
  Photovoltaic System (Ground-Mounted)
  -
   (1)
  
 Solar Farm
 -
 -
  
 Solar Water Heating System (Building-Mounted)
   
   
   
 Solar Water Heating System (Ground-Mounted)
 -
   (1)
  
 Table Notes:
(1) Except in the PF Zone, ground-mounted solar energy collection systems in nonresidential and non-industrial zones may only be allowed as accessory to a use on a lot that is improved with a principal building. Within the PF Zone, ground-mounted solar energy collection systems may be approved on lots that are not improved with a principal building, subject to a site plan review (in accordance with Section 1123.01 - Site Plan Review).
 
   (d)   General Design Requirements.
      (1)   Solar energy collection systems must adhere to industry standard best practices for installation and maintenance.
      (2)   Solar energy collection systems shall not at any time cause a glare onto abutting or nearby properties, nor onto abutting or nearby rights-of-way.
   (e)   Residential Zones. Solar energy collection systems in residential zones shall comply with all applicable dimensional standards in Table 1113.02-A: Residential Zones Dimensional Standards and shall not increase a building's height or reduce a building's setbacks beyond the applicable dimensional standards.
   (f)   Nonresidential and Non-industrial Zones. Solar energy collection systems in nonresidential zones shall comply with the following standards:
      (1)   Solar energy collection systems shall comply with all applicable dimensional standards in Table 1113.02-B: Commercial and Public Zones Dimensional Standards or Table 1113.02-C: Industrial Zones Dimensional Standards, as applicable.
      (2)   Ground-mounted solar energy collection systems shall not be closer to a right-of-way than the principal building on the lot.
      (3)   Ground-mounted solar energy collection systems shall provide a minimum setback of twenty (20) feet from side and rear lot lines.   
      (4)   Screening shall be required along the portions of lots lines surrounding a ground-mounted solar energy collection system that abuts a lot within a residential zones. Such screening may include shrubbery, trees, and other vegetation that prevents the direct view of the solar energy collection system from the abutting lot(s). Such screening may include fencing that complies with the applicable standards of 1109.02 - Fencing.
   (g)   Industrial Zones. Solar energy collection systems in industrial zones shall comply with the following standards:
      (1)   Solar energy collection systems shall comply with all applicable dimensional standards in Table 1113.02-C: Industrial Zones Dimensional Standards, as applicable.
      (2)   Ground-mounted solar energy collection systems may be allowed as the principal use of an industrially zoned lot.
      (3)   Screening shall be required along the portions of lots lines surrounding a ground-mounted solar energy collection system that abuts a lot within a residential zones. Such screening may include shrubbery, trees, and other vegetation that provides at least 80% opacity and prevents the direct view of the solar energy collection system from the abutting lot(s). Such screening may include fencing that complies with the applicable standards of 1109.02 - Fencing.
         (Ord. 68-24. Passed by Electorate 11-7-24.)

1111.09 TELECOMMUNICATION TOWERS.

   (a)   Purpose. This Section provides for the regulation of communication towers and antennas so as to:
      (1)   Protect residential areas and land uses from the potential adverse impacts of towers and antennas;
      (2)   Encourage the location of towers in non-residential areas;
      (3)   Minimize the number of towers throughout the community;
      (4)   Strongly encourage the joint use of existing towers;
      (5)   Protect the public and adjacent property from the potential of damage resulting from tower failure; and
      (6)   Minimize the visual impacts associated with towers and antennas.
   (b)   Applicability. The requirements of this Section apply to all new towers and antennas in the City of Twinsburg except as follows:
      (1)   Amateur radio station operators and receive-only antennas under thirty-five (35) feet in height owned and operated by a federally licensed amateur radio station operator or used exclusively for receive-only antennas.
      (2)   Pre-existing towers or antennas shall not be required to meet the requirements of this Section except as required to meet or exceed current standards and regulations of the FCC, the FAA, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, the owners of the towers and antennas governed by this Section shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling agency. Failure to bring towers into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower and antenna at the owner's expense.
      (3)   For the purpose of implementing this Section, an AM array, consisting of one or more tower units and supporting ground system, which functions as one AM broadcasting antenna shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeters of the towers included in the AM array. Additional units may be added within the perimeter of the AM array by right.
   (c)   Principal or Accessory Use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.
   (d)   Lot Size. For purposes of determining whether the installation of a tower or antenna complies with applicable development regulations, including but not limited to setback requirements, lot-coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased portions of such lot.
   (e)   Inventory of Existing Sites. Each applicant for an antenna and/or tower shall provide to the Zoning Administrator an inventory of its existing towers, antennas, or sites approved for towers or antennas that are either within the City of Twinsburg or within one mile of the border thereof, including specific information about the location, height, and design of each tower. The Zoning Administrator may share such information with other applicants applying for administrative approvals or permits under this Section or other organizations seeking to locate antennas within the City of Twinsburg provided, however, that the Zoning Administrator is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
   (f)   Aesthetics. Towers and antennas shall meet the following requirements:
      (1)   Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.
      (2)   At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.
      (3)   If an antenna is installed on a structure other than a tower, then the antenna and supporting electrical and mechanical equipment must be of neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
      (4)   All towers above 100 feet shall be artificially illuminated. In addition, all FAA regulations addressing safety marking and obstruction lighting shall be followed when necessary. Security lighting around the equipment shelter is allowed. However, such lighting shall not cause glare or disturbances to adjacent properties.
   (g)   Building Codes and Safety Standards. To ensure the structure integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Zoning Administrator concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance within said thirty (30) days shall constitute ground for the removal of the owner or antenna at the owner's expense.
   (h)   Franchises. Franchise owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the City of Twinsburg have been obtained and shall file a copy of all required franchises including Federal Communications Commission (FCC) Licensor with the Clerk of Council which shall be acknowledged in writing annually to the Clerk of Council.
   (i)   Signs. No signs shall be allowed on antennas or towers.
   (j)   Administrative Approval. The following may be allowed by the Zoning Administrator after conducting an administrative review:
      (1)   Installing antennas on existing structures that are on lots within an industrial zone, provided that the antenna is not taller than the maximum allowed height in the zone;
      (2)   Installing antennas on existing towers, which is encouraged to minimize adverse visual impacts associated with the proliferation and clustering of towers; and
      (3)   Modifying or reconstructing existing towers to accommodate collocation of antennas provided that after a tower is modified or rebuilt, only one such tower may remain on a lot.
   (k)   Towers in Residential Zones. Towers in a residential zones shall be subject to the following standards:
      (1)   Towers shall not exceed thirty-five (35) feet in height above ground level.
      (2)   The lot upon which the tower is proposed to be located must meet all applicable lot size standards per Table 1113.02-A: Residential Zones Dimensional Standards.
      (3)   Structures associated with a tower, including equipment shelters but excluding the towers themselves, shall be placed on a lot so as to conform with all applicable dimensional standards per Table 1113.02-A: Residential Zones Dimensional Standards
      (4)   Towers shall be located not less than thirty-five (35) feet from any lot line.
      (5)   The tower, equipment shelter, guy wires, and any other associated structures shall be surrounded by security fencing that is at least eight (8) feet in height. Such fencing may encompass the entire site, or it may encompass individual elements of the site.
      (6)   An evergreen screen shall be required along property lines of abutting lots within a residential zone. Such screening shall consist of either a hedge planted no further apart than three (3) feet on center, or a row of evergreen trees planted no further apart than five (5) feet on center.
   (l)   Towers in Nonresidential Zones. Towers in nonresidential zones shall be subject to the following standards:
      (1)   The lot upon which the tower is proposed to be located must meet all applicable lot size standards per Table 1113.02-B: Commercial and Public Zones Dimensional Standards or Table 1113.02-C: Industrial Zones Dimensional Standards, as applicable.
      (2)   Structures associated with a tower, including equipment shelters but excluding the towers themselves, shall be placed on a lot so as to conform with all applicable dimensional standards per Table 1113.02-B: Commercial and Public Zones Dimensional Standards or Table 1113.02-C: Industrial Zones Dimensional Standards, as applicable.
      (3)   Towers shall be located not less than 300 feet from a lot that is within a residential zones.
      (4)   Towers shall not exceed 250 feet in height above ground level.
   (m)   Removal of Abandoned Towers and Antennas. Any antenna or tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned and the owner of such antenna or tower shall remove the same within ninety (90) days of receipt of notice from the City of Twinsburg. Failure to remove an abandoned antenna or tower within said ninety (90) days shall be considered a violation of this Code upon which time the City of Twinsburg may remove the tower at the owner's expense.
(Ord. 68-24. Passed by Electorate 11-7-24.)

1111.10 VAPE/CBD SALES.

   (a)   Minimum Distance Requirement. No Vape/CBD Sales use shall be approved or established within 1,000 feet of a lot line within any residential zone.
(Ord. 68-24. Passed by Electorate 11-7-24.)

1111.11 WIND ENERGY TURBINES.

   (a)   Purpose and Intent. The purpose of this Section is to establish regulations for siting wind energy turbines (WETs) based on the following goals:
      (1)   To promote the safe, effective, and efficient use of a WET in order to reduce the consumption of fossil fuels in producing electricity;
      (2)   To preserve and protect public health, safety, welfare, and quality of life by minimizing the potential adverse impacts of a WET;
      (3)   To establish standards and procedures by which the siting, design, engineering, installation, operation, and maintenance of a WET shall be governed; and
      (4)   To regulate various sizes of WETs for the protection of public health, safety, and welfare.
   (b)   Applicability.
      (1)   This Section applies to all wind energy turbines (WETs) proposed to be constructed after the effective date of this Section.
      (2)   All WETs constructed prior to the effective date of this Section shall not be required to meet the requirements of this Section. However, any physical modification to an existing WET that materially alters its size, type, equipment, or location shall be subject to compliance with the standards of this Code and shall require approval of permits as specified within this Section.
   (c)   Types of Wind Energy Turbines. The following types of wind energy turbines are defined within Chapter 1128 - Defined Terms and are subject to applicable provisions of this Section 1111.11:
      (1)   Horizontal axis wind turbine (HAWT);
      (2)   Large wind energy turbine (LWET);
      (3)   Medium wind energy turbine (MWET);
      (4)   Small structure-mounted wind energy turbine (SSMWET); and
      (5)   Small tower-mounted wind energy turbine (STMWET).
   
   (d)   Permissions for Energy Turbines. Wind energy turbines shall be allowed or prohibited per Table 1111.11-A: Wind Energy Turbine Permissions.
Table 1111.11-A: Wind Energy Turbine Permissions
 
  = Allowed with Permit
= Conditionally Allowed
- = Prohibited
PF and Industrial Zones
Non-Industrial/
Non-PF Zones
Wind Energy Overlay
Type of Wind Energy Turbine
Horizontal Axis Wind Turbine (HAWT)
-
-
-
Large Wind Energy Turbine (LWET)
-
-
 
Medium Wind Energy Turbine (MWET)
 
 (1)
 
Small Structure-Mounted Wind Energy Turbine (SSMWET)
-
-
-
Small Tower-Mounted Wind Energy Turbine (STMWET)
 
 
 
Table Notes:
(1) In residential zones, medium wind energy turbines (MWETs) are allowed as a conditional use only within residential subdivision common areas or public open spaces of more than 2 acres.
   (e)   Temporary Anemometer Permit. Sampling anemometers may be allowed as temporary uses per Section 1110.01 - Temporary Buildings and Uses.
   (f)   General Safety Requirements. All wind energy turbines shall meet the following safety standards:
      (1)   If the wind energy turbine is connected to a public utility system for net-metering purposes, it shall meet the requirements for interconnection and operation as set forth in the public utility's then-current service regulations meeting federal, state, and industry standards applicable to wind power generation facilities and the connection shall be inspected by the appropriate public utility.
      (2)   The wind energy turbine shall be equipped with an automatic gracing, governing, or feathering system to prevent uncontrolled rotation, over-speeding, and excessive pressure on the tower structure, rotor blades, and other wind energy components unless the manufacturer certifies that a braking system is not necessary.
      (3)   Each wind energy turbine shall have one sign, not to exceed two (2) square feet in area, posted at the base of the tower and on entrances through security doors or fences, as applicable, that identifies the danger of high voltage, the manufacturer's and owner/operator's names, and any applicable the emergency contact names and phone numbers.
      (4)   The structural integrity of the wind energy turbine shall conform to the design standards of the International Electrical Commission, specifically IEC 61400-1, "Wind Turbine Safety and Design," and/or IEC 61400-23, "Blade Structural Testing," or any similar successor standards.
      (5)   Security measures must be in place and operable to prevent unauthorized access to wind energy turbines and associated equipment. Each wind energy turbine shall not be climbable up to fifteen (15) feet above ground surfaces. All access doors to wind energy turbines and associated equipment shall be locked and/or fenced as appropriate to prevent unauthorized access.
      (6)   All spent lubricants, cooling fluids, and any other hazardous materials shall be properly and safely removed in a timely manner.
   (g)   Signal Interference Prohibited. Wind energy turbines shall not interfere with communication systems such as, but not limited to, radio, telephone, television, satellite, or emergency communication systems.
   (h)   General Decommissioning Standards. All wind energy turbines shall meet the following standards for decommissioning:
      (1)   Decommissioning required. A wind energy turbine is presumed to be at the end of its useful life if no electricity is generated for a continuous period of twelve (12) months. The wind energy turbine owners or operators shall complete decommissioning within twelve (12) months after the end of the turbine's useful life. Upon request of the turbine owners or operators for good cause, the Zoning Administrator may grant a reasonable extension of this time limit. All decommissioning expenses are the responsibility of the owners or operators.
      (2)   Failure to decommission. If the wind energy turbine owners or operators fail to complete decommission with the required period, the City of Twinsburg may designate a contractor to complete decommissioning with the expense thereof to be charged to the violator and/or to become a lien against the premises. If the wind energy turbine is not owned by the lot owners, a bond must be provided to the City of Twinsburg for the cost of decommissioning each turbine.
      (3)   Decommissioning standards. Decommissioning of a wind energy turbine shall include the removal of each turbine, buildings, electrical components, and any other associated facilities. Any foundation shall be removed to a minimum depth of sixty (60) inches below grade or to the level of bedrock if less than sixty (60) inches below grade. The site and any disturbed earth shall be stabilized, graded, and cleared of any debris by the owners of the facility or its assigns. Unless the site is approved to be used for agricultural uses, the site shall be seeded to prevent soil erosion.
   (i)   Review of Maintenance Plans and Bonds. The City reserves the right to review all maintenance plans and bonds required under this Section to ensure that all conditions of any associated conditional use permit are followed.
   (j)   Electrical System Standards. All electrical controls, control wiring, grounding wires, power lines, and system components shall be placed underground within the boundary of each parcel at a depth designed to accommodate the existing land use to the maximum extent practical. Wires necessary to connect the wind generator to the tower wiring are exempt from this requirement.
   (k)   Large Wind Energy Turbine (LWET) Standards. Large wind energy turbines (LWETs) shall not be erected, constructed, installed, or modified unless in compliance with the following standards:
      (1)   Finishes. Each LWET, including accessory buildings and other related structures, shall be mounted on a tubular or lattice tower and be of a non-reflective, non-obtrusive color (e.g., white, gray, or black), with such finish maintained and faded or flaked areas repaired in kind throughout the life of the wind energy turbine.
      (2)   Illumination. LWETs shall not be artificially illuminated, except to the extent required by the FAA or other applicable authority, or as otherwise necessary for the reasonable safety and security thereof.
      (3)   Signage. LWETs shall not be used for displaying any signs (including flags, streamers, or decorative items), except for any information or identification required by law.
      (4)   Shadow flicker. Shadow flicker on a building shall not exceed thirty (30) hours per year. The owner(s) and/or operator(s) of LWETs shall conduct an analysis on potential shadow flicker at any occupied building with a direct line of sight to the wind energy turbine. The analysis shall identify the locations of shadow flicker that may be caused by the project and the expected durations of the flicker at these locations from sunrise to sunset over the course of a year. The analysis shall identify situations where shadow flicker may affect the occupants of the buildings for more than thirty (30) hours per year and describe measures that shall be taken to eliminate or mitigate the problems.
      (5)   Certificate required. If applicable, applicants seeking a conditional use permit for an LWET must provide a copy of a Certificate of Environmental Compatibility and Public Need issued by the Ohio Power Siting Board of the Public Utility Facilities Commission.
      (6)   Allowed location. LWETs shall only be allowed within a Wind Energy Overlay on properties with a parcel size with sufficient dimensions to enable compliance with applicable setbacks.
      (7)   Ground clearance. The lowest extension of any blade or other exposed moving component of a LWET shall be at least twenty (20) feet above the ground level (at the highest point of the natural grade within 150 feet of the base of the tower).
      (8)   Noise. Noise emanating from the operation of a LWET shall not at any time exceed the lowest ambient sound level that is present between the hours of 9:00pm and 9:00am along the property lines of abutting or nearby lots with residential uses, parks, schools, hospitals, and/or churches. Noise emanating from the operation of a MWET shall not at any time exceed the lowest ambient noise level plus five (5) dBA that is present between the hours of 9:00pm and 9:00am along the property lines of abutting or nearby lots with nonresidential uses.
      (9)   Quantity. A lot may have multiple LWETs provided each LWET meets all applicable setback, separation, and related standards.
      (10)   Minimum setback from lot lines. A LWET shall be set back from all lot lines a minimum distance equal to 125% of the total height of the LWET as measured from the base of the tower. (For example, a 100-foot-tall LWET shall provide a setback of at least 125 feet from lot lines.) This setback may be reduced to a distance agreed upon as part of the conditional use permit if the applicant provides a registered engineer's certification that the LWET is designed to collapse, fall, curl, or bend upon structural failure within a distance or zone shorter than the height of the LWET.
      (11)   Minimum setback from rights-of-way. Each LWET shall be set back from rights-of-way a minimum distance equal to 120% of the total height of the LWET. (For example, a 100-foot-tall LWET shall provide a setback of at least 120 feet from rights-of-way.)
      (12)   Minimum setback from above-ground communication and electrical lines. Each LWET shall be set back from above-ground public electric power lines and telephone lines a minimum distance equal to 120% of the total height of the LWET. (For example, a 100-foot-tall LWET shall provide a setback of at least 120 feet from above-ground communication and electrical lines.)
      (13)   Minimum separation from occupiable buildings. The base of the tower of a LWET shall be set back a minimum distance equal to 200% of the total height of the LWET. (For example, a 100-foot-tall LWET shall provide a setback of at least 200 feet from occupiable buildings.)
      (14)   Minimum separation from other towers. The base of the tower of an LWET shall be no closer to a separate LWET than the minimum recommended separation based on industry standards and the manufacturer of the LWET.
      (15)   Access driveway. Each LWET shall require the construction of a private road to offer adequate means by which the City may readily access the site in the event of an emergency. All private roads shall be constructed to the specifications of the City Engineer.
      (16)   Change of ownership. The City must be notified of a change in ownership of LWETs, and of a change in ownership of the property on which the wind energy turbines are located.
      (17)   Inspection by owner. The owner(s) and/or operator(s) of the LWET shall provide to the Zoning Administrator a copy of a yearly maintenance inspection.
      (18)   Inspection by Twinsburg. The City reserves the right to inspect any LWETs to ensure compliance with this Section. Any cost associated with the inspections shall be paid by the owner/operator of the wind energy turbine.
      (19)   Sound pressure level analysis. A sound pressure level analysis shall be conducted from a reasonable number of sampled locations at the perimeter and in the interior of the property containing any LWETs to demonstrate compliance with the requirements of this Section. Proof of compliance with the noise standards is required within ninety (90) days of the date the LWET becomes operational. Such an analysis shall be measured by a third-party qualified professional.
      (20)   Access road post-decommission. In addition to other decommissioning standards required by this Section 1111.11, all access roads to the LWET shall be removed, cleared, and graded by the owners unless the lot owners request in writing to maintain the access road.
      (21)   Determining net decommissioning costs. In addition to other decommissioning standards required by this Section 1111.11, an independent and certified professional engineer shall be retained to estimate the total cost of decommissioning with no regard to salvage value of the equipment and the cost of decommissioning net salvage value of the equipment ("Net Decommissioning Costs"). When determining this amount, the City may also require an annual escalator or increase based on the Federal Consumer Price Index (or equivalent, or its successor). Said estimates shall be submitted to the Zoning Administrator after the first year of operation and every fifth year of operation thereafter.
      (22)   Decommissioning performance bond required. In addition to other decommissioning standards required by this Section 1111.11, the owner(s) or operator(s) of a LWET shall post and maintain decommissioning funds in an amount equal to the net decommissioning costs, provided that at no point shall decommissioning funds be less than 100% of the decommissioning costs. The decommissioning funds shall be posted and maintained with a bonding company or Federal or State chartered lending institution chosen by the owner(s) or operator(s) and participating landowner(s) posting the financial security and approved by the City of Twinsburg Law Director. Such decommissioning funds shall be in the form of a performance bond made out to the City of Twinsburg.
      (23)   Performance bond conditions. A condition of the bond shall be notification by the bond company to the Zoning Administrator when the bond is within six (6) months of expiration or termination. Failure to keep the bond in effect while an LWET is in place will be a violation of the conditional use permit. If a lapse in the bond occurs, the City of Twinsburg may take action up to and including requiring ceasing operation of the LWET until the bond is reposted.
      (24)   Release of performance bond. The escrow agent shall release the decommissioning funds when the owner(s) has demonstrated, and the Zoning Administrator concurs, that decommissioning has been satisfactorily completed.
      (25)   Failure to complete decommissioning. In addition to other decommissioning standards required by this Section 1111.11, if neither the owner(s), operator(s), or landowner(s) complete decommissioning within the required period, then the City of Twinsburg may take such measures as necessary to complete decommissioning. The entry into and submission of evidence of a participating landowner agreement to the City of Twinsburg shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors, and assigns that the City may take such action as necessary to implement the decommissioning plan.
      (26)   Post-construction certification required. Following the complete construction of an MWET, the applicant shall certify to the City in writing that all construction is completed pursuant to the conditions of the associated conditional use permit, if approved.
   (l)   Medium Wind Energy Turbine (MWET) Standards. Medium wind energy turbines (MWETs) shall not be erected, constructed, installed, or modified unless in compliance with the following standards:
      (1)   Finishes. Each MWET, including accessory buildings and other related structures, shall be mounted on a tubular or lattice tower and be of a non-reflective, non-obtrusive color (e.g., white, gray, or black), with such finish maintained and faded or flaked areas repaired in kind throughout the life of the wind energy turbine.
      (2)   Illumination. MWETs shall not be artificially illuminated, except to the extent required by the FAA or other applicable authority, or as otherwise necessary for the reasonable safety and security thereof.
      (3)   Signage. MWETs shall not be used for displaying any signs (including flags, streamers, or decorative items), except for any information or identification required by law.
      (4)   Shadow flicker. Shadow flicker on a building shall not exceed thirty (30) hours per year. The owner(s) and/or operator(s) of MWETs shall conduct an analysis on potential shadow flicker at any occupied building with a direct line of sight to the wind energy turbine. The analysis shall identify the locations of shadow flicker that may be caused by the project and the expected durations of the flicker at these locations from sunrise to sunset over the course of a year. The analysis shall identify situations where shadow flicker may affect the occupants of the buildings for more than 30 hours per year and describe measures that shall be taken to eliminate or mitigate the problems.
      (5)   Minimum lot size and allowed location. A MWET shall only be allowed within a rear yard of lots that are at least two (2) acres in size.
      (6)   Maximum height. The total height of a MWET shall not exceed 150 feet.
      (7)   Ground clearance. The lowest extension of any blade or other exposed moving component of a MWET shall be at least fifteen (15) feet above the ground level (at the highest point of the natural grade within fifty (50) feet of the base of the tower), and at least fifteen (15) feet above any outdoor surfaces intended for human use, such as balconies or roof gardens, that are located within thirty (30) feet of the base of the tower.
      (8)   Noise. Noise emanating from the operation of a MWET shall not at any time exceed the lowest ambient sound level that is present between the hours of 9:00pm and 9:00am along the property lines of abutting or nearby lots with residential uses, parks, schools, hospitals, and/or churches. Noise emanating from the operation of a MWET shall not at any time exceed the lowest ambient noise level plus five (5) dBA that is present between the hours of 9:00pm and 9:00am along the property lines of abutting or nearby lots with nonresidential uses.
      (9)   Quantity. A lot may have multiple MWETs provided each MWET meets all applicable setback, separation, and related standards.
      (10)   Minimum setback from lot lines. A MWET shall be set back from all lot lines a minimum distance equal to the total height of the MWET as measured from the base of the tower. This setback may be reduced if the applicant provides a registered engineer's certification that the MWET is designed to collapse, fall, curl, or bend upon structural failure within a distance or zone shorter than the height of the MWET.
      (11)   Minimum setback from rights-of-way. Each MWET shall be set back from rights-of-way a minimum distance equal to 120% of the total height of the MWET. (For example, a 100-foot-tall MWET shall provide a setback of at least 120 feet from rights-of-way.)
      (12)   Minimum setback from above-ground communication and electrical lines. Each MWET shall be set back from the nearest above-ground public electric power line or telephone line a distance equal to the total height of the MWET, as measured from the base of the tower.
      (13)   Minimum separation from occupiable buildings. The base of the tower of a MWET shall be set back at least twenty (20) feet from all occupiable buildings on the same lot.
      (14)   Minimum separation from other towers. The base of the tower of an MWET shall be no closer to a separate MWET than the minimum recommended separation based on industry standards and the manufacturer of the MWET.
      (15)   Change of ownership. The City must be notified of a change in ownership of MWETs, and of a change in ownership of the property on which the wind energy turbines are located.
      (16)   Inspection by Twinsburg. The City reserves the right to inspect any MWETs to ensure compliance with this Section. Any cost associated with the inspections shall be paid by the owner/operator of the wind energy turbine.
      (17)   Decommission standards. In addition to other decommissioning standards required by this Section 1111.11, all access roads to the MWET shall be removed, cleared, and graded by the owners unless the lot owners request in writing to maintain the access road.
      (18)   Post-construction certification required. Following the complete construction of an MWET, the applicant shall certify to the City in writing that all construction is completed pursuant to the conditions of the associated conditional use permit, if approved.
   
   (m)   Small Tower-mounted Wind Energy Turbine (STMWET) Standards. Small tower-mounted wind energy turbines (STMWETs) shall not be erected, constructed, installed, or modified unless in compliance with the following standards:
      (1)   Vertical axis required. A STMWET must have a vertical axis design.
      (2)   Finishes. A STMWET, including accessory buildings and related structures shall be finished in a non-reflective, non-obtrusive color (e.g., white, gray, or black), with such finish maintained and faded or flaked areas repaired in kind throughout the life of the STMWET.
      (3)   Illumination. A STMWET shall not be artificially illuminated, except to the extent required by the FAA or other applicable authority, or as otherwise necessary for the reasonable safety and security thereof.
      (4)   Signage. A STMWET shall not be used for displaying any signs (including flags, streamers, or decorative items), except for any information or identification required by law.
      (5)   Ground clearance. The lowest extension of any blade or other exposed moving component of a STMWET shall be at least fifteen (15) feet above the ground level (at the highest point of the natural grade within thirty (30) feet of the base of the tower), and at least fifteen (15) feet above any outdoor surfaces intended for human use, such as balconies or roof gardens, that are located within thirty (30) feet of the base of the tower.
      (6)   Noise in residential zones. Within residential zones, noise emanating from the operation of a STMWET shall not at any time exceed the lowest ambient sound level that is present between the hours of 9:00pm and 9:00am along the property lines of abutting or nearby lots with residential uses, parks, schools, hospitals, and/or churches.
      (7)   Noise in nonresidential zones. Within nonresidential zones, noise emanating from the operation of a STMWET shall not at any time exceed the lowest ambient noise level plus five (5) dBA that is present between the hours of 9:00pm and 9:00am along the property lines of abutting or nearby lots with nonresidential uses.
      (8)   Vibration. A STMWET shall not cause vibrations that are perceptible to a human without the aid of specialized equipment beyond the lot on which the STMWET is located.
      (9)   Maximum height. The total height of a STMWET shall not exceed 120 feet.
      (10)   Minimum lot size and allowed location. A STMWET shall only be allowed within a rear yard of lots that are at least two (2) acres in size.
      (11)   Minimum setback. A STMWET shall be set back from all lot lines, public easements, and overhead public utility lines a minimum distance equal to 120% of the total height of the STMWET. (For example, a 100-foot-tall STMWET shall provide a setback of at least 120 feet.)
      (12)   Minimum separation from occupiable buildings. The base of the tower of a STMWET shall be set back at least twenty (20) feet from all occupiable buildings on the same lot.
      (13)   Minimum separation from other STMWETs. Where more than one STMWET is installed on a lot or on abutting lots, the bases of such STMWET towers shall be no closer than a distance equal to the height of the tallest such STMWET.
      (14)   Public inquiries and complaints. Should an aggrieved property owner allege that the STMWET is not in compliance with the noise requirements of this Section, the property owner shall notify the Zoning Administrator in writing, regarding such concerns. If the complaint is deemed sufficient by the Building Commissioner, the City will request the aggrieved property owner to deposit funds in an amount sufficient to pay for a noise level test conducted by a certified acoustic technician to determine compliance with the requirements of this Section. If the test indicates that the noise level is within the noise requirements of this Section, then the City will use the deposit to pay for the test and the City shall notify the aggrieved property owner of such results. If the test indicates that the STMWET is in violation of the noise requirements of this Section, then the owner of the STMWET shall reimburse the City for the cost of the test and take immediate action to bring the STMWET into compliance. Such action may include ceasing operation of the STMWET until violations are corrected. The City of Twinsburg will refund the deposit to the aggrieved property owner.
         (Ord. 68-24. Passed by Electorate 11-7-24.)