(a) The following shall be on the Plat when submitted to the Planning Commission:
(1) If the area is now zoned: "No use shall be made of any property in this allotment inconsistent with the Zoning Code and no zoning height, area, rear or side yard requirement shall be violated." If the area is not zoned when allotted, the following restriction shall be imposed: "Should zoning restrictions be imposed on this allotment at a future date, the more restrictive of the regulations (zoning or private) shall be the governing one."
(2) "The grantor for themselves, their successors and assigns hereby reserves in common the right to locate and maintain utility lines on and along the side of each lot for a width of seven feet six inches and along the rear of each lot for a width of ten feet."
(3) "The premises shown hereon are to be used for private single-family residence purposes only and not more than one private residence is to be erected on each lot as shown on this plat. " (This restriction need not apply if the area in the City which is being allotted is zoned for other than residential or if, because of the type of development, the area is to be rezoned for more intensive development, whether in or outside of the City.)
(4) "Before occupancy, each dwelling must have one full story above the basement and be roofed. Temporary dwelling in garages, tents, shacks, barns, trailers, basement houses and the like is prohibited and shall have an occupancy/use certificate issued by the City of Fairlawn. "
(5) If any portion of the allotment is zoned for other than residential use or if the area is outside of the City and any of the lots is shown on the plat to be for business use, the following restriction shall be shown: "On retail business lots, all buildings shall observe the setback line and shall not occupy more than one-third (1/3) of the area of the lot. No retail business lot shall be used for an industrial, commercial or manufacturing purpose.
(6) Accessory buildings less than fifteen (15) feet in height shall be built at least five (5) feet from each side line.
(7) A minimum habitable floor area, exclusive of basement, garage or other accessory building, shall be specified.
(8) If desired, a minimum cost clause tied to an authoritative price index may be established.
(9) No lots shall be subdivided so as to create any additional building sites. Blocks laid out for future subdividing are an exception to this rule but no such block shall be used until it is platted and the lots are numbered.
(10) If the subdivider so elects, he may insert a provision that "the plan, design, location, grade line and use of any structure to be erected on the allotment is first to be submitted to and approved by the City Planning Commission before construction is commenced and the Commission may, and is given the right to, require the alteration change or removal of any structure if the plan, design, location, grade line and use have not been approved by it."
(11) The bulk, floor area, number of stories, style of architecture or other detailed building restrictions may be regulated, if such restrictions are approved by the Commission.
(b) The subdivider shall submit the subdivision deed restrictions and Homeowners Association Documents to the Planning Commission.
(Ord. 1960-7. Passed 12-5-60; Ord. 2001-005. Passed 3-5-01; Ord. 2007-002. Passed 4-2-07; Ord. 2020-021A. Passed 6-15-20.)