LITCHFIELD TOWNSHIP ZONING COMMISSION FEBRUARY 8, 2016 Members in attendance: Borling, Setser, Chung, Martin, Norris and Secretary Fozio Borling began the meeting at 6:35pm with the Pledge of Allegiance. Borling went over the amendments to date. He handed out hard copy of the amendments with color coding; Red is what Planning Services offered as recommendations; Blue is what the Prosecutor offered as recommendations and Greg highlight is topic for discussion among board members and the black strikeouts were eliminated by the board prior to Planning Services recommendations from 2013. The board went over each section and noted items for discussion that still may need a last look. As the board went over each section the amendments were finalized. Mike Setser made a motion to accept the changes as discussed up to Section 216, seconded by Wargo and approved by all board members (See attachments). Chung made a motion to adjourn at 8:45pm, seconded by Wargo and approved by all. Dave Borling-Chairperson Jerry Wargo-Vice Chairperson Please Note: Meeting minutes are not verbatim. Approved meeting minutes are the official record of the meeting.
Draft amendments for February 2016 zoning meeting MEDINA COUNTY DEPARTMENT OF PLANNING SERVICES 124 W. Washington Street, Suite B4 Medina, Ohio 44256 330-722-9219 330-764-8456 Fax www.planning.co.medina.oh.us MEMORANDUM TO: Litchfield Township Zoning Commission Members FROM: Susan Hirsch, Principal Planner shirsch@medinaco.org RE: Litchfield Twp. Zoning Resolution Amendment: Articles I, II, III, V, VIII & IX DATE: November 4, 2015 As requested, The Department of Planning Services has the following comments regarding the proposed new section of your Zoning Resolution. Staff comments are red and are in italics. Highlighted text indicates items for discussion strikeout text indicates recommended deletions. LITCHFIELD TOWNSHIP ZONING RESOLUTION -Contents- Article I. SECTION 101 SECTION 102 SECTION 103 SECTION 104 SECTION 105 SECTION 106 Article II. SECTION 201 SECTION 202 SECTION 203 SECTION 204 SECTION 205 SECTION 206 SECTION 207 SECTION 208 SECTION 209 SECTION 210 SECTION 211 SECTION 212 SECTION 213 SECTION 214 SECTION 215 SECTION 216 SECTION 217 SECTION 218 INTRODUCTION Purpose Title Authorization Interpretation Validity and Separability Revisions and Amendments GENERAL REGULATIONS Zoning Compliances Uses Exempted From Township Zoning Nuisances Prohibited Riparian Setback Requirement Reserved for Future Use Building and Structure Regulations Residential Dwelling Requirements Reserved For Future Use Accessory Buildings or Structures Storage Building Commercial, Industrial & Conditional Use Building Exterior Lighting Radio Communication Antennas Wind Energy Turbines Reserved For Future Use Outdoor Storage Regulations Home-based Business Telecommunication Towers Medina Co. Planning Services Page 2 of 34 November 4, 2015
SECTION 219 SECTION 220 SECTION 221 SECTION 222 SECTION 223 SECTION 224 Article III. SECTION 301 SECTION 302 SECTION 303 SECTION 304 SECTION 305 SECTION 306 SECTION 307 SECTION 308 SECTION 309 SECTION 310 Article IV. SECTION 401 SECTION 402 SECTION 403 SECTION 404 SECTION 405 SECTION 406 SECTION 407 SECTION 408 Article V. SECTION 501 SECTION 502 SECTION 503 SECTION 504 SECTION 505 SECTION 506 Article VI. SECTION 601 SECTION 602 SECTION 603 SECTION 604 SECTION 605 SECTION 606 Lakes and Ponds Fences Recreational Camping Swimming Pools Solar Photovoltaic (PV) Systems Visual Relief Screening Requirements DISTRICT REGULATIONS SIGNAGE Zoning District Designations Zoning District Map District Use Regulations Residential District Road Frontage Parcel Residential District Rear Parcel Circle District Road Frontage Parcel Commercial District Road Frontage Parcel Industrial District Road Frontage Parcel Industrial District Sexually Oriented Business Mixed District Parcel Development Circle & Commercial Purpose Compliance Zoning Certificate Required Zoning Certificate Exceptions General Requirements Enforcement Signs Permitted in Residential Districts Signs Permitted in Circle, Commercial and Industrial Districts NONCONFORMING USES Purpose Nonconforming Use Nonconforming Building or Structure Nonconforming Parcel Completion of Approved Construction Legal Status of Uses METHODS AND PROCEDURES Site Plan Review and Conformance Conditional Zoning Certificates Zoning Certificate Application and Issuance Schedule of Fees, Charges and Expenses Reserved for Future Use Enforcement and Penalty Medina Co. Planning Services Page 3 of 34 November 4, 2015
Article VII. SECTION 701 SECTION 702 SECTION 703 SECTION 704 Article VIII. SECTION 801 SECTION 802 SECTION 803 Article IX. SECTION 901 SECTION 902 Article X. ADMINISTRATION Zoning Inspector Zoning Commission Board of Zoning Appeals Amendments DRIVEWAY AND PARKING REGULATIONS DEFINITIONS General Requirements Parking Space Requirements Schedule of Parking Space Minimums General Rules Definitions REVISION DATES Medina Co. Planning Services Page 4 of 34 November 4, 2015
SECTION TITLE Article I Introduction 101 Purpose 102 Title 103 Authorization 104 Interpretation 105 Validity and Separability 106 Revisions and Amendments Litchfield Township Zoning Resolution Article I. INTRODUCTION NOW, THEREFORE, BE IT RESOLVED, that this Zoning Resolution has been adopted by the Board of Trustees of Litchfield Township: WHEREAS, the Board of Trustees of Litchfield Township deems it in the interest of the public health and safety, convenience, comfort, prosperity and general welfare of said Township and its residents to establish a general plan of zoning for the unincorporated area of said Township. Litchfield Township has adopted, pursuant to law, an affirmative code. Uses which are omitted from this Resolution as not being specifically permitted shall be considered prohibited. Question the location of this statement. SECTION 101. PURPOSE For the purpose of promoting public health and safety, convenience, comfort, prosperity and general welfare of the residents of the unincorporated areas of Litchfield Township, Medina County, Ohio; to conserve and protect property and property values; to secure the most appropriate use of land; to facilitate adequate but economical provision of public improvements; to provide for the maintenance of the rural character of Litchfield Township; to manage orderly growth and development in said Township, the Board of Trustees has found it necessary and advisable to adopt these zoning regulations as a comprehensive plan of zoning which will regulate the location, height, bulk, number of stories, size of buildings and other structures, including tents, cabins, and trailer coaches, percentage of lot area which may be occupied, set back building lines, sizes of yards or other open spaces, the density of population, the uses of buildings and other structures, and the use of land for trade, industry, residence, recreation or other purposes and for such purposes divides the unincorporated area of Litchfield Township into zoning Districts and to provide for the administration and enforcement of such regulations. Zoning Resolution regulations shall apply for each class or kind of building or other structure or use throughout any district or zone, except as specifically provided. This Zoning Resolution was developed to address the interests of the community and the objectives of the Litchfield Township Comprehensive Plan and applicable provisions of the Ohio Revised Code. SECTION 102. TITLE This resolution shall be known as the Litchfield Township Zoning Resolution, hereafter referred to as Resolution. SECTION 103. AUTHORIZATION The authority for establishing the Litchfield Township Revised Zoning Resolution is derived from Sections 519.01 to 519.99 inclusive, of the Ohio Revised Code. Medina Co. Planning Services Page 5 of 34 November 4, 2015
SECTION 104. INTERPRETATION In interpretation and application, the provisions of this Resolution shall be held to the minimum requirements adopted for the promotion of public health and safety, convenience, comfort, prosperity and general welfare. Nothing herein shall repeal, abrogate, annul or in any way impair or interfere with any provisions of law or any rules or regulations, other than zoning regulations, adopted or issued pursuant to law relating to the construction and use of buildings or premises. Where this Resolution imposes greater restriction upon the use of buildings or premises or upon the height of buildings or requires larger yards than are imposed or required by other provisions of law, rules, regulations, covenants or agreements, the provisions of this Resolution shall control, but nothing herein shall interfere with, abrogate, or annul any easements, covenants, deed restrictions or agreements between parties which impose restrictions greater than those imposed by this Resolution. SECTION 105. VALIDITY AND SEPARABILITY It is hereby declared to be the legislative intent that, if any provisions of this Resolution, or the application thereof to any zoning lot, building or other structure, or tract of land, are declared by a court of competent jurisdiction to be invalid or ineffective in whole or part, or to be inapplicable to any person or situation, the effectiveness of such decision shall be limited to the provision or provisions which are expressly stated in the decision to be invalid or ineffective, or to the zoning lot, building or other structure, or tract of land immediately involved in the controversy. All other provisions of this Resolution shall continue to be separate and fully effective, and the application of any such provision to other persons or situations shall not be affected. In the event any of the requirements or regulatory provisions of this Resolution are found to be internally incompatible or inconsistent one with another, the more restrictive or greater requirement shall be deemed in each case to be applicable. SECTION 106. REVISIONS AND AMENDMENTS The Litchfield Township Zoning Resolution was adopted August 21, 1950. Revision dates noted are dates revisions were passed, but not necessarily effective, per ADMINISTRATION, IV. Amendments, J. Effective Date, Referendum (See appendix A) Medina Co. Planning Services Page 6 of 34 November 4, 2015
Article II. GENERAL ZONING REGULATIONS (Previously Section 103) SECTION TITLE 201 Zoning Compliances 202 Uses Exempted From Township Zoning 203 Nuisances Prohibited 204 Riparian Setback Requirement 205 Reserved For Future Use 206 Building and Structure Regulations 207 Residential Dwelling Requirements 208 Reserved For Future Use 209 Accessory Buildings or Structures 210 Storage Building 211 Commercial, Industrial & Conditional Use Building 212 Exterior Lighting 213 Radio Communication Antennas 214 Wind Energy Turbines 215 Reserved For Future Use 216 Outdoor Storage Regulations 217 Home-based Business 218 Telecommunication Towers 219 Lakes and Ponds 220 Fences 221 Recreational Camping 222 Swimming Pools 223 Solar Photovoltaic (PV) Systems 224 Visual Relief Screening Requirements SECTION 201. ZONING DISTRICT DESIGNATIONS For the purpose of carrying out the provisions of this resolution, the Township is hereby divided into the following Districts: (R) Residential; (Circle) Circle; (C) Commercial; (I) Industrial. (See Article III of this Resolution) SECTION 202. ZONING DISTRICT MAP The Districts of zones and their boundary lines are indicated upon a map entitled Zoning Districts Map of Litchfield Township, Medina County, Ohio, which original map, together with all notations, references, amendments and changes is maintained in the office of the Zoning Inspector SECTION 201. ZONING COMPLIANCES Prior to beginning any new construction, enlargement, or alteration of a building/structure, application for and issuance of a Zoning Certificate must be obtained from the Zoning Inspector. No building or structure shall be erected, converted, enlarged, reconstructed, structurally altered, nor shall any building, structure or land be used in a manner which does not comply with all of the District provisions established by this Resolution for the District in which the building, structure or land is located. Uses which are omitted from this Resolution as not being specifically permitted shall be considered prohibited. A change of Use as determined by the Zoning Inspector, Medina County Building Department, Medina County Health Department or appropriate County authority, shall require a new Zoning Certificate. Question omitting the statement concerning uses not specifically permitted, at this location. This appears to be a more appropriate location. Medina Co. Planning Services Page 7 of 34 November 4, 2015
SECTION 202. USES EXEMPTED FROM TOWNSHIP ZONING - ALL DISTRICTS The following Uses are exempt from township zoning unless otherwise provided by the Ohio Revised Code or other applicable laws. 202.01 Public Utilities and Railroads are regulated under the Ohio Revised Code Nothing contained in this Resolution shall prohibit the location, erection, construction, reconstruction, change, alteration, maintenance, removal, use, or enlargement of any buildings or structures of any public utility or railroad, whether publicly or privately owned, or the use of land by operation or its business except as it relates to Telecommunication Towers under Section 519 of the Ohio Revised Code. 202.02 Oil and Gas Wells as defined under Section 1509 of the Ohio Revised Code Nothing contained in this Resolution shall require the application for, or issuance of a Zoning Certificate prior to the drilling and operation of a oil or gas well. The drilling and operation of such wells are Permitted Use in all Districts and shall comply with Chapter 1509 of the Ohio Revised Code and/or applicable Federal laws. 202.03 Agriculture as defined in Chapter 519 of the Ohio Revised Code Nothing contained in this Resolution shall prohibit the Use of any land for agricultural purposes or the construction or use of buildings or structures incidental to the use for agricultural purposes of the land which said buildings or structures are located in any District. with the following exceptions; 205.01.1 Agricultural Buildings defined under Section 519.01, 519.21 of the Ohio Revised Code. The construction or Use of buildings or structures incident to the Use for agricultural purposes of the land on which such buildings or structures are located, including buildings or structures that are used primarily for vinting and selling wine and that are located on land any part of which is used for viticulture, are permitted in all Districts and no Zoning Certificate shall be required for any such building or structure. If the purpose of the Accessory building/structure has changed from the definition of Agriculture as defined in the Ohio Revised Code as determined by the Zoning Inspector, the owner must obtain a Zoning Certificate and meet the Use and District requirements of the current Zoning Resolution. 205.01.2 Agricultural Buildings in Platted Subdivisions. Agricultural buildings or structures incident to the Use of land for agricultural purposes located on lots greater than one (1) acre but not greater than five (5) acres in any platted \subdivision approved under Section 711.05, 711.09, 711.10, of the Revised Code, or in any area consisting of fifteen (15) or more lots approved under Section 711.131 of the Revised Code that are contiguous to one another, or some of which are contiguous to one another and adjacent to one side of a dedicated public road, and the balance of which are contiguous to one another and adjacent to the opposite side of the same dedicated public road, are subject to District set back building lines; height; and size regulations. 205.01.3 Farm Markets defined under Section 519.01, 519.21 of the Ohio Revised Code. Any permanent building/structure for a Farm Market where fifty (50) per cent or more of the gross income received from the market is derived from produce raised on farms owned or operated by the market operator in a normal crop year are subject to District set back building lines, side yard and rear yard clearances, height, size regulations, parking requirements and egress or ingress regulations. Roadside stands consisting of temporary removable structures, used solely for the seasonal display and sale of agricultural products, shall be set back a minimum of thirty (30) feet from the center of the road and shall have a side yard clearance of no less than five (5) feet. Medina Co. Planning Services Page 8 of 34 November 4, 2015
SECTION 203. NUISANCES PROHIBITED No Use shall be allowed or authorized to be established which is not in compliance with the provisions of this Resolution, and any additional conditions and requirements prescribed as hazardous, noxious, or offensive due to the emission of odor, dust, smoke, fumes, cinders, gas, noise, vibration, electrical interference, refuse matter, and/or water carried wastes. This shall include the non-permitted use of any land, building or structure, whether for private, commercial and/or industrial purposes, where waste, discarded or salvaged materials such as scrap metals, used building materials, used lumber, used glass, disabled motor vehicles, paper, rags, rubber, cordage, barrels, carpet, outdoor play equipment or toys, are sold, stored for more than thirty (30) days, bought, exchanged, baled, packed, sorted, disassembled, dismantled, or handled. In addition, the dumping, storing, burying, reducing, disposing of, or burning of rubbish is prohibited. Generally, nuisances are handled as a police item not zoning, and the nonpermitted use of land, buildings etc. would not be classified as a nuisance. SECTION 204. RIPARIAN SETBACK REQUIREMENT No building/structure or paved area, including driveways and parking areas shall be located closer than thirty (30) feet to the edge of any river, stream, creek, channel or designated wetland with the exception of structures used for vehicular and/or pedestrian traffic crossings over the waterway. The setback area shall be provided along the entire length and on both sides of the river, stream, creek or channel as measured from the ordinary high water mark. SETBACK AREA 30 ft. From the edge of any river, stream, creek, channel or designated wetland as measured from the ordinary high water mark. SECTION 205. SECTION 206. RESERVED FOR FUTURE USE BUILDINGS AND STRUCTURES REGULATIONS ALL DISTRICTS 206.01 Construction Begun Prior to Zoning Changes Nothing contained in these regulations shall hinder the construction of buildings or structures or prohibit its use where construction has started before the effective date of these regulations provided that a valid Zoning Certificate has been obtained and that such buildings shall be completed within two (2) years from the passage of the regulations. An extension beyond the two (2) year effective period may be requested from and granted by the Zoning Inspector. (See Section 603 of this Resolution) 206.02 Driveway and/or Ditch Permit Requirements Construction of driveway/drive pipes/ditch enclosures and the installation of drive pipes within the right-of-way of state, county and township maintained highways and roads must be approved by the Medina County Engineer s Office or Ohio Department of Transportation. A copy of the driveway permit issued by the Medina County Engineer s Office, or the Ohio Department of Transportation shall be furnished to the Zoning Inspector before a Zoning Certificate will be issued. (See Section 603 of this Resolution) 206.03 Erosion Control Requirements A Storm Water Management and Sediment control Permit must be obtained from the Medina County Engineer s Office for any non-farm soil disturbance activity over five thousand (5,000) square feet. (See Section 603 of this Resolution) 206.04 Septic System Requirements Any dwelling, building or structure requiring the use of indoor plumbing shall not be constructed unless reasonable provision is made for an adequate sanitary sewage disposal system as Medina Co. Planning Services Page 9 of 34 November 4, 2015
required by the Medina County Health Department. A Zoning Certificate will be issued by the Zoning Inspector with evidence that the sanitary sewage disposal system based on the maximum occupancy and /or square feet and use of the building/structure has been approved by the Medina County Health Department or the Ohio EPA and furnished with the application for said Certificate. (See Section 603 of this Resolution) 206.05 Water Supply Requirements No dwelling, building or structure requiring the use of indoor plumbing shall be constructed unless reasonable provision is made for an adequate, dependable, pure water supply from a public system, drilled well, cistern, dug well, or spring, in accordance with the Medina County Health Department. Sanitary Engineer, Lorain Rural Water? 206.06 Maximum Height of Buildings Any building that is to be erected, converted, enlarged, reconstructed or structurally altered, shall be less than thirty-five (35) feet in height unless otherwise provided in this Resolution. Fire and/or parapet walls, flagpoles, chimneys, exhaust stacks, storage tanks or similar structures may not be more than fifteen (15) feet above the building height limit; nor shall such structure be used for any purpose other than a use incidental to the principal use of the building unless otherwise stated in this Resolution. SECTION 207. SINGLE-FAMILY DWELLING SIZE & HEIGHT REQUIREMENTS ALL DISTRICTS RESIDENTIAL DWELLING REQUIREMENTS TYPE LIVING AREA HEIGHT ZONING CERT SECTION New construction of 1,200 sq. ft. minimum Less Required 207.02, residential dwelling 1 living unit total than 35 603 External modification or enlargement of dwelling No min. or max. sq. ft. 1 living unit total ft Less than 35 ft Required 603 All residential dwellings are limited to a maximum of one (1) living unit and must be affixed to a permanent foundation with connections to appropriate water and sewage/septic facilities. Every residence shall have floor area designed and used for a single living space of not less than twelve hundred (1,200) square feet. The living space for a single story residence shall be considered as the outside measurement of the foundation or foundation walls. In a two-story residence, living space shall be considered as the outside measurement of the foundation or foundation walls plus the outside measurement of the second story structure. Excluded from living space minimum square foot measurements are attics, basements, porches, garages, stoops, breezeways, or terraces in both single and two-story residences. The various terms are confusing; living unit versus dwelling unit and living area. Suggest using dwelling unit and floor area. Also, it is not clear whether accessory apartments would constitute a second dwelling unit. Adding the word principal before living [dwelling] unit in the first line may help clarify this. Also, suggest deleting the reference to 1 living unit total under Living [Floor] Area. 207.01 Manufactured Home Requirements TYPE LIVING AREA HEIGHT WIDTH ZONING SECTION CERT. New construction of manufactured home 1,200 sq. ft. min. 1 living unit total Less than 35 ft 22 ft. Min. Required 208.02, 603 External modification or enlargement of dwelling No min. or max. sq. ft. 1 living unit total Less than 35 ft No min or max. Required 603 Medina Co. Planning Services Page 10 of 34 November 4, 2015
Only manufactured homes as defined under the Ohio Revised Code built after January 1, 1995 having a permanent label or tag certifying compliance with all applicable federal construction and safety standards are permitted for dwelling use. The structure shall be affixed to a permanent masonry, concrete footing or foundation with connections to appropriate water and septic facilities. The structure shall have total floor area designed and used for a single living space of not less than nine hundred (900) one thousand, two hundred (1,200) square feet. The living space shall be considered as the outside measurement of the structures exterior walls. Excluded from living space minimum square foot measurements are attics, basements, porches, garages, stoops, breezeways, or terraces. A minimum 3:12 residential roof pitch, conventional residential siding, and a six-inch (6) minimum eave overhang, including appropriate guttering is required. The increased square footage is consistent with the square footage requirement for residential dwellings stated in Section 207. 207.02 Temporary Dwelling Unit One (1) travel trailer, motor coach or mobile home may be temporarily used as a residence on a parcel while a permanent Residential dwelling is under construction. A Zoning Certificate is required and is renewable every three (3) months for a maximum of one (1) year. Utilities? 207.03 Dwelling Unit Restriction No more than one (1) principal residential dwelling unit of any type shall be permitted on a parcel unless otherwise specifically stated in this Resolution. Other buildings located on the parcel are classified as accessory or incidental to the Residential Use and subject to the requirements of Section 209 of this Resolution. The term principal residential dwelling unit is used here and living unit has been used in Sections 207 and 207.1. Living unit is not defined in the Article Definitions Section. If there is no distinction, suggest using dwelling unit consistently to avoid confusion? SECTION 208. SECTION 209. RESERVED FOR FUTURE USE ACCESSORY BUILDINGS OR STRUCTURES 209.01 Accessory Buildings or Structures An accessory building or structure is a subordinate building or use customarily incidental to and located upon the same parcel and zoning District occupied by the Principal building and use. Accessory buildings or structures that are either constructed on-site, pre-manufactured or repurposed, shall comply with the District parcel area and placement regulations of which said structures are located. Accessory buildings or structures shall not be used as a permanent or temporary residence, dwelling or living area at any time in any District unless otherwise specifically stated in this Resolution. 209.01.1 Accessory Building or Structure for a Residential Use AREA HEIGHT ZONING CERTIFICATE SECTION 144 sq. ft. or less Less than Not Required 145 sq. ft. or greater 35 ft. Required 603 A Zoning Certificate is required, unless otherwise stated in this Resolution, for the enlargement of an existing accessory building or structure including the adjoining of, another building or structure, which thereby increases the total square footage over one hundred and forty-four (144) square feet. No Zoning Certificate shall be issued for any accessory building or structure unless a legal residential dwelling exists on the same parcel and is located in the same Zoning District, or unless an unexpired Zoning Certificate for a proposed residential dwelling is in effect. See Storage Building Section 210. Medina Co. Planning Services Page 11 of 34 November 4, 2015
209.01.2 Commercial, Industrial and Conditional Use AREA MAX. HT. ZONING CERTIFICATE SECTION 144 sq. ft. or less Less than Not Required 145 sq. ft. or greater 35 ft. Approved site plan required 211, 601, 602, 603 An Approved Site Plan and Zoning Certificate is required, unless otherwise stated in this Resolution, for any enlargement of an existing accessory building or structure including the adjoining of, another building or structure, which thereby increases the total square footage over one hundred and forty-four (144) square feet. Consider a reduced height for accessory building or structure under 144 sq. ft. 209.02 Accessory Building Dwelling Unit (ADU) An ADU is defined as a habitable living unit that provides the basic requirements for living, sleeping, eating, cooking and sanitation, and is subordinate in size to the Principal Building and Use. 209.02.1 Residential Use LOCATION AREA HEIGHT ZONING CERTIFICATE SECTION Detached garage or accessory building 1,200 sq. ft. max. Less than 35 ft. Required only if external modification or enlargement 603 No more than one (1) ADU may be located within a Residential Use detached garage or accessory building and must be located on the same parcel and same zoning District as the Principal Residential Use residential dwelling. The utilities and septic system for an ADU shall not be separated from the Principal Residential Use residential dwelling. A Zoning Certificate is required for an ADU that requires any external modification, addition or enlargement to the building or structure in which it is to be located, and subject to District parcel area and placement regulations. 209.02.2 Commercial, Industrial and Conditional Use LOCATION AREA HEIGHT ZONING CERTIFICATE SECTION Principal building 1,200 sq. Less than Required only if external 601, 602, ft. max 35 ft. modification or enlargement 603 No more than one (1) ADU may be located within a Principal Commercial, Industrial or \Conditional Use Building and must be located on the same parcel and same zoning District as the Principal Building Use. The utilities and septic system for an ADU shall not be separated from the Principal Building Use. An Approved Site Plan and Zoning Certificate is required for an ADU that requires any external modification, addition or enlargement to the building or structure in which it is to be located, and subject to District parcel area and placement regulations. SECTION 210. STORAGE BUILDING The purpose is to allow for the construction and placement of a principal storage building for the personal use of the property owner on a parcel that is either vacant land, or where no Principal Residential dwelling, Commercial, Industrial or Conditional Use building currently exists. The storage building is subject to all other provisions of this Resolution and the following requirements: Medina Co. Planning Services Page 12 of 34 November 4, 2015
AREA HEIGHT ZONING CERTIFICATE SECTION No min. or max. sq. Less than 35 ft. Required for buildings over 603 ft. restrictions 144 sq. ft. 210.01 Storage Building Use The building is for personal use of the property owner only and shall not be constructed or occupied as a permanent or temporary residence, dwelling or living area, and/or operated as a commercial, industrial, conditional use or home business occupation. 210.01.1 Location and Size The building or structure may be located in Districts where Residential dwellings are a Permitted Use. Unless otherwise stated in this Resolution, no more than one (1) building or structure over one hundred forty-four (144) square feet is permitted on the parcel until a Residential dwelling exists on the parcel, or a Zoning Certificate for a proposed Residential dwelling is in effect. Any building or structure constructed on-site, pre-manufactured or repurposed, shall comply with the District parcel area and placement regulations of which said structure is located. 210.01.2 Zoning Certificate Requirements A Zoning Certificate is required, unless otherwise stated in this Resolution, for the enlargement of an existing building or structure or the adjoining of, another building or structure, which thereby increases the total square footage over one hundred and forty-four (144) square feet. Upon application for a Zoning Certificate to construct a Residential dwelling, Commercial, Industrial or Conditional Use building on the parcel, all buildings or structures on the parcel will be subject to the applicable sections of this Resolution as determined by the Zoning Inspector. SECTION 211 PARKING REQUIREMENTS ALL DISTRICTS NOW ARTICLE VIII SECTION 211 COMMERCIAL, INDUSTRIAL & CONDITIONAL USE BUILDING LOCATION AREA SECTION ZONING CERTIFICATE HEIGHT Residential District 5000 sq. ft 304, 305, Approved site plan Less than maximum 601, 602, 603 required for buildings Circle District 3000 sq. ft 306, 601, over 144 sq. ft. 35 ft. maximum 602, 603 Commercial District No max. sq. ft. restrictions 307, 601, 602, 603 Industrial District No max. sq. ft. restrictions 308, 601, 602, 603 211.01 Building or Structure Restrictions Unless otherwise stated in this Resolution, only one (1) Primary Use building or structure is permitted on a parcel and must be located in the same Zoning District. Other buildings located on the parcel in the same Zoning District shall be classified as accessory or incidental to the Primary Use. 211.02 Enlargement of a Building or Structure An Approved Site Plan and Zoning Certificate is required, unless otherwise stated in this Resolution, for any enlargement of an existing building or structure including the adjoining of, another building or structure, which thereby increases the total square footage over one hundred and forty-four (144) square feet. Medina Co. Planning Services Page 13 of 34 November 4, 2015
211.03 Visual Relief and Screening Requirements Visual relief screening for any building, structure, parking area, outdoor Use or storage area of equipment, machinery, products or material is required when adjacent to, or abutting a Residential Use or Residential District parcel. (See Section 224 of this Resolution) How does this differ from buffering or just screening? 211.04 Refuse and Storage Areas All outdoor refuse and storage areas shall be screened from view from adjacent properties. Refuse and storage areas shall be maintained in a neat and orderly fashion so as not to attract insects, rodents or other pests by use of appropriate means including rodent-proof containers or dumpsters. Such containers or dumpsters shall be located in compliance with the minimum yard clearances and setbacks established for the applicable District. 211.05 Temporary Business Use Unit One (1) travel trailer, motor coach or mobile home may be temporarily used as a business on a parcel while a permanent Commercial, Industrial or Conditional Use building is under construction. A Zoning Certificate is required and is renewable every three (3) months for a maximum of one (1) year. SECTION 212. EXTERIOR LIGHTING Exterior lighting shall be permitted in all Zoning Districts to the extent necessary for the normal use, function and enjoyment of property for Permitted Uses and Conditionally Permitted Uses as necessary for purposes of safety provided all other requirements of this Resolution have been met in addition to the following requirements; 212.01 Exemptions Lighting fixtures and standards required by federal, state or county agencies, including street lights within the public right-of-way. Seasonal use Holiday lighting fixtures. 212.02 Architectural and Landscaping Lighting Outdoor lighting used to illuminate flags, statues, signs or other objects mounted on a pole, pedestal or platform, all spotlighting or floodlighting used for architectural or landscape purposes, must use cut-off or directionally shielded lighting fixtures that are aimed and controlled so that the directed light is substantially confined to the object intended to be illuminated. 212.03 High Intensity Light Beams Outdoor searchlights, lasers or strobe lights are prohibited. 212.04 Shielding & Height Requirements All lighting shall be directed away from adjacent streets or roads so as not to impair safe movement of traffic. Shielding shall be use when necessary to prevent light from shining directly onto adjacent properties. Total height of pole, building or wall mounted outdoor lighting fixtures shall not exceed thirty-five (35) feet in height from grade level. 212.05 Commercial, Industrial or Conditional Use Additional Requirements 212.05.1 Cut-Off Lighting Fixtures Cut-off lighting fixtures are required for all outdoor walkway, parking lot, canopy and building or wall mounted lighting. Cut-off fixtures are not required for lights that are properly installed in an architectural space (such as under a porch roof or a roof overhang) that provide the functional equivalent of a cut-off fixture. See fixture examples shown below; Medina Co. Planning Services Page 14 of 34 November 4, 2015
212.05.2 Roof and Canopy Lighting Outdoor lighting fixtures that are enclosed in clear, white, off-white or yellow casing are allowed on the roofs of buildings or on the sides of canopies. Why? not 212.05.3 Setback or Shielding Requirement On parcels which adjoin a Residential District or Residential Use, where the height of the fixture is greater than two (2) times the distance to the adjacent property line, "house-side shielding" must be used on the residential property side of the lighting fixture. A house-side shield typically consists of a visor or shielding panel that attaches to a lighting fixture. This provision is applicable for both light poles and lighting fixtures mounted on the side and/or top of a building or structure. See examples shown below; 212.05.4 Parking Lot Lighting Curfews Parking lots which contain three (3) or more parking lot light poles, parking lot lighting levels for ground surface parking lots must be reduced by at least fifty (50) percent of full operational levels within sixty (60) minutes after the close of business. Hard to enforce SECTION 213. RADIO COMMUNICATION ANTENNAS ALL DISTRICTS Radio Antennas Amateur (HAM), shortwave or commercial radio antennas not owned or principally used by a public utility engaged in the provision of telecommunications services as defined under Section Medina Co. Planning Services Page 15 of 34 November 4, 2015
519.211 of the Ohio Revised Code shall be permitted in all Zoning Districts and subject to all District setback requirements in addition to the following; 213.01 Residential Use TYPE HEIGHT ZONING CERT. SECTION Freestanding 35 65 ft. max. from grade Required 603 Roof mounted 35 65 ft. max. from grade Not Required 213.02 Commercial, Industrial and Conditional Use TYPE HEIGHT ZONING CERT. SECTION Freestanding 100 ft. max. from grade Required 603 Roof mounted 100 ft. max. from grade Not Required SECTION 214. WIND ENERGY TURBINES - ALL DISTRICTS Wind energy turbine systems and associated facilities as defined under Section 519.213 of the Ohio Revised Code with a single connection to the electrical grid and/or off-grid, designed for, or capable of, operation at an aggregate capacity of less than five (5) megawatts shall be permitted in all Zoning Districts and subject to following requirements: 214.01 Residential Use 214.01.1 Free Standing Tower-mounted Tower-mounted designs need to have a minimum setback of 1.1 times the height of the tower from the road right-of-way, inhabited structures, and neighboring property lines. The tower height is defined as the distance from the top surface of the ground at the tower foundation to the highest possible vertical position of the turbine. No part of the wind turbine energy system structure, including guide wire anchors, may extend closer than fifteen (15) feet to the property line. A Zoning Certificate is required. 214.01.2 Attached to Building or Roof-mounted A Wind Energy Turbine attached to buildings or roof mounted shall not exceed the roof height of the building upon which it is mounted by more than ten (10) twenty (20) feet. A Zoning Certificate is not required. 214.02 Commercial, Industrial or Conditional Use 214.02.1 Free Standing Tower-mounted Tower-mounted designs need to have a minimum setback of 1.1 times the height of the tower from the road right of-way, inhabited structures, and neighboring property lines. The tower height is defined as the distance from the top surface of the ground at the tower foundation to the highest possible vertical position of the turbine. No part of the wind turbine energy system structure, including guide wire anchors, may extend closer than twenty (20) feet to the property line. A free-standing Wind Energy Turbine is considered a structure and is subject to review and approval of a Site Plan and issuance of a Zoning Certificate unless otherwise specifically stated in this Resolution. (See Sections 601, and 603 of this Resolution) 214.02.2 Attached to Building or Roof-mounted A Wind Energy Turbine attached to a building or roof-mounted designs needs to have a minimum setback of 1.1 times the height of the tower from the road right-of-way, inhabited structures, and neighboring property lines. The tower height is defined as the distance from the top surface of the ground at the tower foundation to the highest possible vertical position of the turbine. A Wind Medina Co. Planning Services Page 16 of 34 November 4, 2015
Energy Turbine attached to a building or roof-mounted is considered a structure and subject to review and approval of a Site Plan and issuance of a Zoning Certificate unless otherwise specifically stated in this Resolution. (See Sections 601, and 603 of this Resolution) A Wind Energy Turbine is a structure on a commercial or industrial use and on a conditional use, but not a residential use. Why the distinction? Suggest placing the definition for Tower Height in Art VII Definitions. SECTION 214 PRIVATE USE AIRPORT AND LANDING FIELD ALL DISTRICTS Deleted SECTION 215. RESERVED FOR FUTURE USE Medina Co. Planning Services Page 17 of 34 November 4, 2015
Final Revisions approved at the February 2016 zoning meeting MEDINA COUNTY DEPARTMENT OF PLANNING SERVICES 124 W. Washington Street, Suite B4 Medina, Ohio 44256 330-722-9219 330-764-8456 Fax www.planning.co.medina.oh.us MEMORANDUM TO: Litchfield Township Zoning Commission Members FROM: Susan Hirsch, Principal Planner shirsch@medinaco.org RE: Litchfield Twp. Zoning Resolution Amendment: Articles I, II, III, V, VIII & IX DATE: November 4, 2015 As requested, The Department of Planning Services has the following comments regarding the proposed new section of your Zoning Resolution. Staff revisions and comments are red and are in *italics. Prosecutor revisions and comments are blue and are in **italics. Zoning Commission revisions and comments are green and are in ***italics. Highlighted text indicates items for discussion. Strikeout text indicates recommended deletions. LITCHFIELD TOWNSHIP ZONING RESOLUTION -Contents- Article I. SECTION 101 SECTION 102 SECTION 103 SECTION 104 SECTION 105 SECTION 106 Article II. SECTION 201 SECTION 202 SECTION 203 SECTION 204 SECTION 205 SECTION 206 SECTION 207 SECTION 208 SECTION 209 SECTION 210 SECTION 211 SECTION 212 SECTION 213 SECTION 214 INTRODUCTION Purpose Title Authorization Interpretation Validity and Separability Revisions and Amendments GENERAL REGULATIONS Zoning Compliances Uses Exempted From Township Zoning Nuisances Prohibited Riparian Setback Requirement Reserved for Future Use Building and Structure Regulations Residential Dwelling Requirements Reserved For Future Use Accessory Buildings or Structures Storage Building Reserved For Future Use Commercial, Industrial & Conditional Use Building Exterior Lighting Radio Communication Antennas Reserved For Future Use Wind Energy Turbines Medina Co. Planning Services Page 18 of 34 November 4, 2015
SECTION 215 SECTION 216 SECTION 217 SECTION 218 SECTION 219 SECTION 220 SECTION 221 SECTION 222 SECTION 223 SECTION 224 Article III. SECTION 301 SECTION 302 SECTION 303 SECTION 304 SECTION 305 SECTION 306 SECTION 307 SECTION 308 SECTION 309 SECTION 310 Article IV. SECTION 401 SECTION 402 SECTION 403 SECTION 404 SECTION 405 SECTION 406 SECTION 407 SECTION 408 Article V. SECTION 501 SECTION 502 SECTION 503 SECTION 504 SECTION 505 SECTION 506 Article VI. SECTION 601 SECTION 602 SECTION 603 SECTION 604 SECTION 605 SECTION 606 Reserved For Future Use Outdoor Storage Regulations Home-based Business Telecommunication Towers Lakes and Ponds Fences Recreational Camping Swimming Pools Solar Photovoltaic (PV) Systems Visual Relief Screening Requirements DISTRICT REGULATIONS SIGNAGE Zoning District Designations Zoning District Map District Use Regulations Residential District Road Frontage Parcel Residential District Rear Parcel Circle District Road Frontage Parcel Commercial District Road Frontage Parcel Industrial District Road Frontage Parcel Industrial District Sexually Oriented Business Mixed District Parcel Development Circle & Commercial Purpose Compliance Zoning Certificate Required Zoning Certificate Exceptions General Requirements Enforcement Signs Permitted in Residential Districts Signs Permitted in Circle, Commercial and Industrial Districts NONCONFORMING USES Purpose Nonconforming Use Nonconforming Building or Structure Nonconforming Parcel Completion of Approved Construction Legal Status of Uses METHODS AND PROCEDURES Site Plan Review and Conformance Conditional Zoning Certificates Zoning Certificate Application and Issuance Schedule of Fees, Charges and Expenses Reserved for Future Use Enforcement and Penalty Medina Co. Planning Services Page 19 of 34 November 4, 2015
Article VII. SECTION 701 SECTION 702 SECTION 703 SECTION 704 Article VIII. SECTION 801 SECTION 802 SECTION 803 Article IX. SECTION 901 SECTION 902 Article X. ADMINISTRATION Zoning Inspector Zoning Commission Board of Zoning Appeals Amendments DRIVEWAY AND PARKING REGULATIONS DEFINITIONS General Requirements Parking Space Requirements Schedule of Parking Space Minimums General Rules Definitions REVISION DATES Medina Co. Planning Services Page 20 of 34 November 4, 2015
SECTION TITLE Article I Introduction 101 Purpose 102 Title 103 Authorization 104 Interpretation 105 Validity and Separability 106 Revisions and Amendments Litchfield Township Zoning Resolution Article I. INTRODUCTION NOW, THEREFORE, BE IT RESOLVED, that this Zoning Resolution has been adopted by the Board of Trustees of Litchfield Township: WHEREAS, This Zoning Resolution has been adopted by the Board of Trustees of Litchfield Township deems it in the interest of the public health, and safety, convenience, comfort, prosperity and general welfare of said the Township and its residents to establish as a general plan of zoning for the it s unincorporated area of said Township. Litchfield Township has adopted, pursuant to law, This is an affirmative code. regulation. Uses which are omitted from this Resolution as not being specifically permitted shall be considered prohibited. *Question the location of this statement. SECTION 101. PURPOSE For the purpose of promoting public health, and safety, convenience, comfort, prosperity and general welfare of the residents of the unincorporated areas of Litchfield Township, Medina County, Ohio; to conserve and protect property and property values; to secure the most appropriate use of land; to facilitate adequate but economical provision of public improvements; to provide for the maintenance of the rural character of Litchfield Township; to manage orderly growth and development in said Township, the Board of Trustees has found it necessary and advisable to adopt these zoning regulations as a comprehensive plan of zoning which will regulate the location, height, bulk, number of stories, size of buildings and other structures, including tents, cabins, and trailer coaches, percentage of lot area which may be occupied, set back building lines, sizes of yards or and other open spaces, the density of population, the uses of buildings and other structures including tents, cabins, and trailer coaches, and the use of land for trade, industry, residence, recreation or other purposes and for such purposes divides the unincorporated area of Litchfield Township into zoning Districts and to provide for the administration and enforcement of such regulations. Zoning Resolution regulations shall apply for each class or kind of building or other structure or use throughout any district or zone, except as specifically provided. This Zoning Resolution was developed to address the interests of the community and the objectives of the Litchfield Township Comprehensive Plan and applicable provisions of the Ohio Revised Code. SECTION 102. TITLE This resolution shall be known as the Litchfield Township Zoning Resolution, hereafter referred to as Resolution. Medina Co. Planning Services Page 21 of 34 November 4, 2015
SECTION 103. AUTHORIZATION The authority for establishing the Litchfield Township Revised Zoning Resolution is derived from Sections 519.01 to 519.99 inclusive, of the Ohio Revised Code. SECTION 104. INTERPRETATION In interpretation and application, the provisions of this Resolution shall be held to be the minimum requirements adopted for the promotion of public health, and safety, convenience, comfort, prosperity and general welfare. Nothing herein shall repeal, abrogate, annul or in any way impair or interfere with any provisions of law or any rules or regulations, other than zoning regulations, adopted or issued pursuant to law relating to the construction and use of buildings or premises. Where this Resolution imposes greater restriction upon the use of buildings or premises or upon the height of buildings or requires larger yards than are imposed or required by other provisions of law, rules, regulations, covenants or agreements, the provisions of this Resolution shall control, but nothing herein shall interfere with, abrogate, or annul any easements, covenants, deed restrictions or agreements between parties which impose restrictions greater than those imposed by this Resolution. SECTION 105. VALIDITY AND SEPARABILITY It is hereby declared to be the legislative intent that, if any provisions of this Resolution, or the application thereof to any zoning lot, building or other structure, or tract of land, are declared by a court of competent jurisdiction to be invalid or ineffective in whole or part, or to be inapplicable to any person or situation, the effectiveness of such decision shall be limited to the provision or provisions which are expressly stated in the decision to be invalid or the factual situation involved in the finding of inapplicability ineffective, or to the zoning lot, building or other structure, or tract of land immediately involved in the controversy. All other provisions of this Resolution shall continue to be separate and fully effective, and the application of any such provision to other persons or situations shall not be affected. In the event any of the requirements or regulatory provisions of this Resolution are found to be internally incompatible or inconsistent one with another, the more restrictive or greater requirement shall be deemed in each case to be applicable. SECTION 106. REVISIONS AND AMENDMENTS The Litchfield Township Zoning Resolution was adopted August 21, 1950. Revision dates noted are dates revisions were passed, but not necessarily effective, per Article VII ADMINISTRATION, IV. Amendments, J. Effective Date, Referendum (See appendix A) **Revision and amendment appendix should reflect effective date. ***Correction on Article and section reference. Medina Co. Planning Services Page 22 of 34 November 4, 2015
Article II. GENERAL ZONING REGULATIONS (Previously Section 103) SECTION TITLE 201 Zoning Compliances 202 Uses Exempted From Township Zoning 203 Nuisances Prohibited 204 Riparian Setback Requirement 205 Reserved For Future Use 206 Building and Structure Regulations 207 Residential Dwelling Requirements 208 Reserved For Future Use 209 Accessory Buildings or Structures 210 Storage Building Reserved For Future Use 211 Commercial, Industrial & Conditional Use Building 212 Exterior Lighting 213 Radio Communication Antennas Reserved For Future Use 214 Wind Energy Turbines 215 Reserved For Future Use 216 Outdoor Storage Regulations 217 Home-based Business 218 Telecommunication Towers 219 Lakes and Ponds 220 Fences 221 Recreational Camping 222 Swimming Pools 223 Solar Photovoltaic (PV) Systems 224 Visual Relief Screening Requirements SECTION 201. ZONING DISTRICT DESIGNATIONS For the purpose of carrying out the provisions of this resolution, the Township is hereby divided into the following Districts: (R) Residential; (Circle) Circle; (C) Commercial; (I) Industrial. (See Article III of this Resolution) SECTION 202. ZONING DISTRICT MAP The Districts of zones and their boundary lines are indicated upon a map entitled Zoning Districts Map of Litchfield Township, Medina County, Ohio, which original map, together with all notations, references, amendments and changes is maintained in the office of the Zoning Inspector SECTION 201. ZONING COMPLIANCES Prior to beginning any new construction, enlargement, or alteration of a building/structure, application for and issuance of a Zoning Certificate must be obtained from the Zoning Inspector. No building or structure shall be erected, converted, enlarged, reconstructed, structurally altered, nor shall any building, structure or land be used in a manner which does not comply with all of the District provisions established by this Resolution for the District in which the building, structure or land is located. This is an affirmative regulation. Uses which are omitted from this Resolution as not being specifically permitted shall be considered prohibited. A change of use as determined by the Zoning Inspector, Medina County Building Department, Medina County Health Department or appropriate County authority, shall require a new Zoning Certificate. *Question omitting the statement concerning uses not specifically permitted, at this location. This appears to be a more appropriate location. **The determination of change of use for zoning purposes must rest with the Township, and are made generally by the Zoning Inspector. Medina Co. Planning Services Page 23 of 34 November 4, 2015
SECTION 202. USES EXEMPTED FROM TOWNSHIP ZONING - ALL DISTRICTS The following uses are exempt from township zoning unless otherwise provided by the Ohio Revised Code or other applicable laws. 202.01 Public Utilities and Railroads are regulated under the Ohio Revised Code Nothing contained in this Resolution shall prohibit the location, erection, construction, reconstruction, change, alteration, maintenance, removal, use, or enlargement of any buildings or structures of any public utility or railroad, whether publicly or privately owned, or the use of land by for the operation or of its business except as it relates to Telecommunication Towers under Section 519 division (B) or (C) of the Ohio Revised Code. 202.02 Oil and Gas Wells as defined under Section 1509 of the Ohio Revised Code Nothing contained in this Resolution shall require the application for, or issuance of a Zoning Certificate prior to the drilling and operation of a oil or gas well. The drilling and operation of such wells are Permitted Use in all Districts and shall comply with Chapter 1509 of the Ohio Revised Code and/or applicable Federal laws. 202.03 Agriculture as defined in Chapter 519 of the Ohio Revised Code Nothing contained in this Resolution shall prohibit the Use of any land for agricultural purposes or the construction or use of buildings or structures incidental to the use for agricultural purposes of the land which said buildings or structures are located in any District. with the following exceptions; 205.01.1 Agricultural Buildings defined under Section 519.01, 519.21 of the Ohio Revised Code. The construction or Use of buildings or structures incident to the Use for agricultural purposes of the land on which such buildings or structures are located, including buildings or structures that are used primarily for vinting and selling wine and that are located on land any part of which is used for viticulture, are permitted in all Districts and no Zoning Certificate shall be required for any such building or structure. If the purpose of the Accessory building/structure has changed from the definition of Agriculture as defined in the Ohio Revised Code as determined by the Zoning Inspector, the owner must obtain a Zoning Certificate and meet the Use and District requirements of the current Zoning Resolution. 205.01.2 Agricultural Buildings in Platted Subdivisions. Agricultural buildings or structures incident to the Use of land for agricultural purposes located on lots greater than one (1) acre but not greater than five (5) acres in any platted \subdivision approved under Section 711.05, 711.09, 711.10, of the Revised Code, or in any area consisting of fifteen (15) or more lots approved under Section 711.131 of the Revised Code that are contiguous to one another, or some of which are contiguous to one another and adjacent to one side of a dedicated public road, and the balance of which are contiguous to one another and adjacent to the opposite side of the same dedicated public road, are subject to District set back building lines; height; and size regulations. 205.01.3 Farm Markets defined under Section 519.01, 519.21 of the Ohio Revised Code. Any permanent building/structure for a Farm Market where fifty (50) per cent or more of the gross income received from the market is derived from produce raised on farms owned or operated by the market operator in a normal crop year are subject to District set back building lines, side yard and rear yard clearances, height, size regulations, parking requirements and egress or ingress regulations. Roadside stands consisting of temporary removable structures, used solely for the seasonal display and sale of agricultural products, shall be set back a minimum of thirty (30) feet from the center of the road and shall have a side yard clearance of no less than five (5) feet. **Section 519.21 of the Revised Code does grant some agriculture control in specific subdivisions which you may want to enact so they are in place if such situations do arise. ***Zoning Commission will address agriculture control in subdivisions at a later time. Medina Co. Planning Services Page 24 of 34 November 4, 2015
SECTION 203. NUISANCES PROHIBITED No use shall be allowed or authorized to be established which is not in compliance with the provisions of this Resolution, and any additional conditions and requirements prescribed as hazardous, noxious, or offensive due to the emission of odor, dust, smoke, fumes, cinders, gas, noise, vibration, electrical interference, refuse matter, and/or water carried wastes of which will interfere with adjacent landowners enjoyment of the use of their lands. This shall include the non-permitted use of any land, building or structure, whether for private, commercial and/or industrial purposes, where waste, discarded or salvaged materials such as scrap metals, used building materials, used lumber, used glass, disabled motor vehicles, paper, rags, rubber, cordage, barrels, carpet, outdoor play equipment or toys, are sold or stored for more than thirty (30) days, bought, exchanged, baled, packed, sorted, disassembled, dismantled, or handled. In addition, the dumping, storing, burying, reducing, disposing of, or burning of rubbish is prohibited. *Generally, nuisances are handled as a police item not zoning, and the non-permitted use of land, buildings etc. would not be classified as a nuisance. ***Zoning Commission recommends including description of nuisance situations noting Prosecutor did not strike it out. SECTION 204. RIPARIAN SETBACK REQUIREMENT No building/structure or paved area, including driveways and parking areas shall be located closer than thirty (30) feet to the edge of any river, stream, creek, channel or designated wetland with the exception of structures used for with vehicular and/or pedestrian traffic crossings over the waterway. The setback area shall be provided along the entire length and on both sides of the river, stream, creek or channel as measured from the ordinary high water mark. SETBACK AREA 30 ft. From the edge of any river, stream, creek, channel or designated wetland as measured from the ordinary high water mark. **Boxed set back language is different from that in paragraph. Need to confirm. Why do you need both? ***Boxed text is redundant. SECTION 205. SECTION 206. RESERVED FOR FUTURE USE BUILDINGS AND STRUCTURES REGULATIONS ALL DISTRICTS 206.01 Construction Begun Prior to Zoning Changes Nothing contained in these regulations shall hinder the construction of buildings or structures or prohibit its use where construction has started before the effective date of these regulations provided that a valid Zoning Certificate has been obtained and that such buildings shall be completed within two (2) years from the passage of the regulations. An extension beyond the two (2) year effective period may be requested from and granted by the Zoning Inspector. (See Section 603 of this Resolution) 206.02 Driveway and/or Ditch Permit Requirements Construction of driveway/drive pipes/ditch enclosures and the installation of drive pipes within the right-of-way of state, county and township maintained highways and roads must be approved by the Medina County Engineer s Office or Ohio Department of Transportation. A copy of the driveway permit issued by the Medina County Engineer s Office, or the Ohio Department of Transportation shall be furnished to the Zoning Inspector before a Zoning Certificate will be issued. (See Section 603 of this Resolution) Medina Co. Planning Services Page 25 of 34 November 4, 2015
206.03 Erosion Control Requirements A Storm Water Management and Sediment control Permit must be obtained from the Medina County Engineer s Office for any non-farm soil disturbance activity over five thousand (5,000) square feet. (See Section 603 of this Resolution) 206.04 Septic System Requirements Any dwelling, building or structure requiring the use of indoor plumbing shall not be constructed unless reasonable provision is made for an adequate sanitary sewage disposal system as required by the Medina County Health Department. A Zoning Certificate will be issued by the Zoning Inspector with evidence that the sanitary sewage disposal system based on the maximum occupancy and /or square feet and use of the building/structure has been approved by the Medina County Health Department or the Ohio EPA and furnished with the application for said Certificate. (See Section 603 of this Resolution) 206.05 Water Supply Requirements No dwelling, building or structure requiring the use of indoor plumbing shall be constructed unless reasonable provision is made for an adequate, dependable, pure water supply from a public system, drilled well, cistern, dug well, or spring, in accordance with the Medina County Health Department. *Sanitary Engineer, Lorain Rural Water? 206.06 Maximum Height of Buildings Any building that is to be erected, converted, enlarged, reconstructed or structurally altered, shall be less than thirty-five (35) feet in height unless otherwise provided in this Resolution. Fire and/or parapet walls, flagpoles, chimneys, exhaust stacks, storage tanks or similar structures may not be more than fifteen (15) feet above the building height limit; nor shall such structure be used for any purpose other than a use incidental to the principal use of the building unless otherwise stated in this Resolution. SECTION 207. SINGLE-FAMILY DWELLING SIZE & HEIGHT REQUIREMENTS ALL DISTRICTS RESIDENTIAL DWELLING REQUIREMENTS 207.01 Residential Dwelling Requirements TYPE LIVING FLOOR AREA HEIGHT ZONING CERT SECTION New construction of residential dwelling 1,200 sq. ft. minimum 1 living unit total Less than 35 ft Required 207.02, 603 External modification or enlargement of dwelling No min. or max. sq. ft. 1 living unit total Less than 35 ft Required 603 All Residential dwellings, are limited to a maximum of one (1) principal dwelling living unit and must be affixed to a permanent foundation with connections to appropriate water and sewage/septic facilities. Every residence The structure shall have floor area designed and used for a single principal dwelling unit living space of not less than twelve hundred (1,200) square feet. The floor area living space for a single story residence structure shall be considered as the outside measurement of the foundation or foundation walls. In a two-story residence structure, floor area living space shall be considered as the outside measurement of the foundation or foundation walls plus the outside measurement of the second story structure. Excluded from floor area living space minimum square foot measurements are attics, basements, porches, garages, stoops, breezeways, or terraces in both single and two-story residences structures. *The various terms are confusing; living unit versus dwelling unit and living area. Suggest using dwelling unit and floor area. Also, it is not clear whether accessory apartments would constitute a second dwelling unit. Adding the word principal before living [dwelling] unit in the first line may help clarify this. Medina Co. Planning Services Page 26 of 34 November 4, 2015
Also, suggest deleting the reference to 1 living unit total under Living [Floor] Area. ***Section reference in text box corrected. Replacing residence with structure for consistency. Include manufactured home description in this section would remove need for Section 207.01. 207.02 Manufactured Home Requirements TYPE LIVING FLOOR AREA New construction of 1,200 sq. ft. min. manufactured home 1 living unit total External modification or No min. or max. sq. enlargement of dwelling ft. 1 living unit total HEIGHT WIDTH ZONING CERT. SECTION Less 22 ft. Required 208.02, than 35 ft Min. 603 Less No min Required 603 than 35 ft or max. Only Manufactured homes as defined under the Ohio Revised Code division (c)(6) Section 3781.06 built after January 1, 1995 having a permanent label or tag certifying compliance with all applicable federal construction and safety standards are permitted for residential dwelling use. All residential dwellings are limited to a maximum of one (1) principal dwelling unit and must The structure shall be affixed to a permanent masonry, concrete footing or foundation with connections to appropriate water and septic facilities. The structure shall have total floor area designed and used for a single principal dwelling unit living space of not less than nine hundred (900) one thousand, two hundred (1,200) square feet. The floor area living space shall be considered as the outside measurement of the structures exterior walls. Excluded from floor area living space minimum square foot measurements are attics, basements, porches, garages, stoops, breezeways, or terraces. A minimum 3:12 residential roof pitch, conventional residential siding, and a six-inch (6) minimum eave overhang, including appropriate guttering is required. *The increased square footage is consistent with the square footage requirement for residential dwellings stated in Section 207. **Line one add division (c)(6) Section 3781.06 **Last sentence is illegal. *** Section reference in text box corrected. Sentence 1 and 2 rewritten to be consistent with Section 207. Although most of Section 207.01 is redundant to 207, except for the description of manufactured homes, the Zoning Commission thought it necessary to keep them separate. 207.03 Temporary Dwelling Unit No more than one (1) travel trailer, motor coach or mobile home may be temporarily used as a residence temporary residential dwelling unit on a parcel while a permanent residential dwelling is under construction. A Zoning Certificate is required and is renewable every three (3) months for a maximum of one (1) year. Utilities? ***Sentence rewritten for clarity and consistency. 207.04 Dwelling Unit Restriction No more than one (1) principal residential dwelling unit of any type shall be permitted on a parcel unless otherwise specifically stated in this Resolution. Other buildings located on the parcel are classified as accessory or incidental to the residential use and subject to the requirements of Section 209 of this Resolution. *The term principal residential dwelling unit is used here and living unit has been used in Sections 207 and 207.1. Living unit is not defined in the Article Definitions Section. If there is no distinction, suggest using dwelling unit consistently to avoid confusion? ***Adding dwelling unit to definitions SECTION 208. RESERVED FOR FUTURE USE Medina Co. Planning Services Page 27 of 34 November 4, 2015
SECTION 209. ACCESSORY BUILDINGS OR STRUCTURES 209.01 Accessory Buildings or Structures An accessory building or structure is a subordinate building or use customarily incidental to and located upon the same parcel and zoning District occupied by the Principal building and use. Accessory buildings or structures that are either constructed on-site, or pre-manufactured or repurposed, shall comply with the District parcel area and placement regulations of which said structures are located. Accessory buildings or structures shall not be used as a permanent or temporary residence, dwelling unit or living area at any time in any District unless otherwise specifically stated in this Resolution. **Line four, what do you mean by repurposed? If a legal nonconforming building exists, it can be used for a permitted use even if it does not meet current regulations. 209.01.1 Accessory Building or Structure for a Residential Use AREA HEIGHT ZONING CERTIFICATE SECTION 144 sq. ft. or less Less than Not Required 145 sq. ft. or greater 35 ft. Required 603 A Zoning Certificate is required, unless otherwise stated in this Resolution, for the enlargement of an existing accessory building or structure including the adjoining of, another building or structure, which thereby increases the total square footage over one hundred and forty-four (144) square feet. No Zoning Certificate shall be issued for any accessory building or structure unless a legal residential dwelling exists on the same parcel and is located in the same Zoning District, or unless an unexpired Zoning Certificate for a proposed residential dwelling is in effect. *See Storage Building Section 210. ***Issue will be resolved by removing Storage Building Section 210. 209.01.2 Accessory Building or Structure for a Commercial, Industrial and Conditional Use AREA MAX. HT. ZONING CERTIFICATE SECTION 144 sq. ft. or less Less than Not Required 603 145 sq. ft. or greater 35 ft. Approved site plan required 211, 601, 602, 603 An Approved Site Plan and Zoning Certificate is required, unless otherwise stated in this Resolution, for any enlargement of an existing accessory building or structure including the adjoining of, another building or structure, which thereby increases the total square footage over one hundred and forty-four (144) square feet. *Consider a reduced height for accessory building or structure under 144 sq. ft. **Do you really want to impose a full site plan requirement? Could be a big cost in money and time for enlargement which may have no significant impact on existing plan. 209.02 Accessory Building Dwelling Unit (ADU) An ADU is defined as a habitable living dwelling unit that provides the basic requirements for living, sleeping, eating, cooking and sanitation, and is subordinate in size to the Principal Building and Use. Medina Co. Planning Services Page 28 of 34 November 4, 2015
209.02.1 Residential Use LOCATION AREA HEIGHT ZONING CERTIFICATE SECTION Detached garage or accessory building 1,200 sq. ft. max. Less than 35 ft. Required only if external modification or enlargement 603 No more than one (1) ADU may be located within a Residential Use detached garage or accessory building and must be located on the same parcel and same zoning District as the Principal Residential Use residential dwelling. The utilities and septic system for an ADU shall not be separated from the Principal Residential Use residential dwelling. A Zoning Certificate is required for an ADU that requires any external modification, addition or enlargement to the building or structure in which it is to be located, and subject to District parcel area and placement regulations. 209.02.2 Commercial, Industrial and Conditional Use LOCATION AREA HEIGHT ZONING CERTIFICATE SECTION Principal building 1,200 sq. Less than Required only if external 601, 602, ft. max 35 ft. modification or enlargement 603 No more than one (1) ADU may be located within a Principal Commercial, Industrial or Conditional Use Building and must be located on the same parcel and same zoning District as the Principal Building Use. The utilities and septic system for an ADU shall not be separated from the Principal Building Use. An Approved Site Plan and Zoning Certificate is required for an ADU that requires any external modification, addition or enlargement to the building or structure in which it is to be located, and subject to District parcel area and placement regulations. SECTION 210. STORAGE BUILDING RESERVED FOR FUTURE USE The purpose is to allow for the construction and placement of a principal storage building for the personal use of the property owner on a parcel that is either vacant land, or where no Principal Residential dwelling, Commercial, Industrial or Conditional Use building currently exists. The storage building is subject to all other provisions of this Resolution and the following requirements: **Once built, limiting usage to personal storage will be continuous problem based on past experience. ***Storage building section to be eliminated as recommended by Planning Services and Prosecutor. AREA HEIGHT ZONING CERTIFICATE SECTION No min. or max. sq. Less than 35 ft. Required for buildings over 603 ft. restrictions 144 sq. ft. 210.01 Storage Building Use The building is for personal use of the property owner only and shall not be constructed or occupied as a permanent or temporary residence, dwelling or living area, and/or operated as a commercial, industrial, conditional use or home business occupation. 210.01.1 Location and Size The building or structure may be located in Districts where Residential dwellings are a Permitted Use. Unless otherwise stated in this Resolution, no more than one (1) building or structure over one hundred forty-four (144) square feet is permitted on the parcel until a Residential dwelling exists on the parcel, or a Zoning Certificate for a proposed Residential dwelling is in effect. Any building or structure constructed on-site, pre-manufactured or repurposed, shall comply with the District parcel area and placement regulations of which said structure is located. Medina Co. Planning Services Page 29 of 34 November 4, 2015
210.01.2 Zoning Certificate Requirements A Zoning Certificate is required, unless otherwise stated in this Resolution, for the enlargement of an existing building or structure or the adjoining of, another building or structure, which thereby increases the total square footage over one hundred and forty-four (144) square feet. Upon application for a Zoning Certificate to construct a Residential dwelling, Commercial, Industrial or Conditional Use building on the parcel, all buildings or structures on the parcel will be subject to the applicable sections of this Resolution as determined by the Zoning Inspector. SECTION 211 PARKING REQUIREMENTS ALL DISTRICTS NOW ARTICLE VIII SECTION 211 COMMERCIAL, INDUSTRIAL & CONDITIONAL USE BUILDING LOCATION AREA SECTION ZONING CERTIFICATE HEIGHT Residential District 5000 sq. ft 304, 305, Approved site plan Less than maximum 601, 602, 603 required for buildings Circle District 3000 sq. ft 306, 601, over 144 sq. ft. 35 ft. maximum 602, 603 Commercial District No max. sq. ft. restrictions 307, 601, 602, 603 Industrial District No max. sq. ft. restrictions 308, 601, 602, 603 211.01 Building or Structure Restrictions Unless otherwise stated in this Resolution, only one (1) Primary Use building or structure is permitted on a parcel and must be located in the same Zoning District. Other buildings located on the parcel in the same Zoning District shall be classified as accessory or incidental to the Primary Use. **If zoning districts split parcel do you intend to allow two primary use on one lot? 211.02 Enlargement of a Building or Structure An Approved Site Plan and Zoning Certificate is required, unless otherwise stated in this Resolution, for any enlargement of an existing building or structure including the adjoining of, another building or structure, which thereby increases the total square footage over one hundred and forty-four (144) square feet. **Approved site plan. Is this to require the creation of new site plan meeting code, or modified plan for approval reflecting enlargement and how it will impact existing layout? 211.03 Visual Relief and Screening Requirements Visual relief Screening for Any building, structure, parking area, outdoor use or storage area of equipment, machinery, products or material is required shall be screened from view on each side when adjacent to, or abutting a Residential Use or Residential District parcel. (See Section 224 of this Resolution) *How does this differ from buffering or just screening? **What do you mean by Visual relief screening? Is it different from screened from view? 211.04 Refuse and Storage Areas All outdoor refuse and storage areas shall be screened from view from adjacent properties. Refuse and storage areas shall be maintained in a neat and orderly fashion so as not to attract insects, rodents or other pests by use of appropriate means including rodent-proof containers or dumpsters. Such containers or dumpsters shall be located in compliance with the minimum yard clearances and setbacks established for the applicable District. Medina Co. Planning Services Page 30 of 34 November 4, 2015
211.05 Temporary Business Use Unit No more than one (1) travel trailer, motor coach or mobile home may be temporarily used as a temporary business unit on a parcel while a permanent Commercial, Industrial or Conditional Use building is under construction. A Zoning Certificate is required and is renewable every three (3) months for a maximum of one (1) year. SECTION 212. EXTERIOR LIGHTING Exterior lighting shall be permitted in all Zoning Districts to the extent necessary for the normal use, function and enjoyment of property for Permitted Uses and Conditionally Permitted Uses as necessary for purposes of safety provided all other requirements of this Resolution have been met in addition to the following requirements; 212.01 Exemptions Lighting fixtures and standards required by federal, state or county agencies, including street lights within the public right-of-way. Seasonal use Holiday lighting fixtures. 212.02 Architectural and Landscaping Lighting Outdoor lighting used to illuminate flags, statues, signs or other objects mounted on a pole, pedestal or platform, all spotlighting or floodlighting used for architectural or landscape purposes, must use cut-off or directionally shielded lighting fixtures that are aimed and controlled so that the directed light is substantially confined to the object intended to be illuminated. 212.03 High Intensity Light Beams Outdoor searchlights, lasers or strobe lights are prohibited. 212.04 Shielding & Height Requirements All lighting shall be directed away from adjacent streets or roads so as not to impair safe movement of traffic. Shielding shall be use when necessary to prevent light from shining directly onto adjacent properties. Total height of pole, building or wall mounted outdoor lighting fixtures shall not exceed thirty-five (35) feet in height from grade level. 212.05 Commercial, Industrial or Conditional Use Additional Requirements 212.05.1 Cut-Off Lighting Fixtures Cut-off lighting fixtures are required for all outdoor walkway, parking lot, canopy, and building, roof or wall mounted lighting. Cut-off fixtures are not required for lights that are properly installed in an architectural space (such as under a porch roof or a roof overhang) that provide the functional equivalent of a cut-off fixture. See fixture examples shown below; Medina Co. Planning Services Page 31 of 34 November 4, 2015
212.05.2 Roof and Canopy Lighting Outdoor lighting fixtures that are enclosed in clear, white, off-white or yellow casing are allowed on the roofs of buildings or on the sides of canopies. *Why? ***Addressed in Section 212.05.1 not 212.05.2 Setback or Shielding Requirement On parcels which adjoin a Residential District or Residential Use, where the height of the fixture is greater than two (2) times the distance to the adjacent property line, "house-side shielding" must be used on the residential property side of the lighting fixture. A house-side shield typically consists of a visor or shielding panel that attaches to a lighting fixture. This provision is applicable for both light poles and lighting fixtures mounted on the side and/or top of a building or structure. See examples shown below; 212.05.4 Parking Lot Lighting Curfews Parking lots which contain three (3) or more parking lot light poles, parking lot lighting levels for ground surface parking lots must be reduced by at least fifty (50) percent of full operational levels within sixty (60) minutes after the close of business. *Hard to enforce. SECTION 213. FUTURE USE RADIO COMMUNICATION ANTENNAS ALL DISTRICTS RESERVED FOR Radio Antennas Amateur (HAM), shortwave or commercial radio antennas not owned or principally used by a public utility engaged in the provision of telecommunications services as defined under Section 519.211 of the Ohio Revised Code shall be permitted in all Zoning Districts and subject to all District setback requirements in addition to the following; 213.01 Residential Use TYPE HEIGHT ZONING CERT. SECTION Freestanding 35 65 ft. max. from grade Required 603 Roof mounted 35 65 ft. max. from grade Not Required Medina Co. Planning Services Page 32 of 34 November 4, 2015