(a) For the purpose of this Zoning Code, terms or words used herein shall be interpreted according to this Chapter. In the case of a discrepancy in meaning or implication between the text of this Code and any illustration or caption, the text shall control.
(1) The word “shall” signifies a mandatory requirement, one that is not discretionary; the word “may” signifies a permissive or discretionary requirement; and the word “should” is a preferred requirement.
(2) Words used in the present tense include the future, the singular includes the plural and the plural and the singular; the word “building” includes the word “structure”; the word “used” includes arranged, designed, constructed, altered, unless the context otherwise requires.
(3) The words “the Commission” or “Planning Commission” shall mean the City of Fairlawn Planning Commission.
(4) The words “this Code” mean the Zoning Code of the City of Fairlawn, OH.
(5) “Council” means the City Council.
(6) “Such as” shall be construed as introducing a typical or illustrative enumeration of uses.
(7) “Regulation” means a rule, restriction or other mandatory provision intended to control, require or prohibit an act.
(8) Whenever a number of days are specified, days shall mean calendar days unless specifically noted otherwise.
(b) Words used in this Code are used in their ordinary English usage. The following definitions shall be used in the interpretation and construction of this Zoning Code.
Accessory Structure: A structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal building, such as but not limited to fences, play structures, flagpoles, gazebos, etc. See also Structure.
Accessory Use: See Use, Accessory.
Adult Care Facility: A facility providing personal care services to adults (typically elderly). Such services may include assistance in daily living activities and self-administration of medicine, and preparation of special diets. There are two (2) categories of adult care facilities licensed by the Ohio Department of Health:
A. An adult family home (providing accommodations for three (3) to five (5) unrelated adults); and,
B. An adult group home (providing accommodations for six (6) to sixteen (16) unrelated adults).
Alley: A public or private way not more than twenty-four (24) feet wide affording only secondary means of access to a lot or abutting property.
Arterial Roadway: A major roadway or highway with limited, partial, or regulated access control and used as a direct link from one (1) major population node to another. Arterials primarily serve longer through trips at a moderate speed. They provide access to the major commercial and business areas and serve as a connection between the freeway system, collectors, and local roadways. In addition, arterials typically have average daily traffic (ADT) volumes of ten thousand (10,000) vehicles or greater. However, volume alone does not classify a roadway as an arterial, since the function of the roadway must also be taken into consideration.
Assembly, Place of: An establishment providing meeting space for social gatherings, including but not limited to wedding receptions, graduation parties and business or retirement functions. This term includes, but is not limited to, a banquet hall or rental hall.
Auditorium: A facility used to provide accommodations for public assembly.
Automobile Service Station: (See also Gasoline Station): A building, part of a building, structure or space which is used for the retail sale of lubricants, gas, and motor vehicle accessories, the routine maintenance and service of vehicles and the making of repairs to motor vehicles. Repairs described under VEHICLE REPAIR GARAGE shall not be permitted.
Bank: An establishment providing retail banking, credit and mortgage services. This term shall not include a currency exchange, a payday loan agency or a title loan agency.
Bar or Tavern: An occupancy that primarily serves alcoholic beverages.
Basement: A story whose floor is more than twelve (12) inches but not more than one-half (1/2) of its story height below the average level of the adjoining ground (as distinguished from a “cellar” which is a story when more than one-half (1/2) below such level). A basement, when used as a dwelling, shall be counted as a story for purposes of height measurement and as half-story for purposes of side yard determination. See also: Cellar.
Berm: A linear mound of earth used to shield or visually screen or buffer adjacent uses.
Board of Appeals: “Board of Appeals” and “Board” mean the Board of Zoning and Building Appeals of the City as created by this Zoning Code.
Boarding House: A dwelling in which a lodger or lodgers rent one (1) or more bedrooms in a dwelling for one (1) or more continuous nights for short periods of time, generally less than two (2) weeks. This type of facility is commonly referred to as an “Overnight Lodging,” or if breakfast is included a “Bed and Breakfast.”
Buffer or Buffer Yard: A combination of physical space and vertical elements, such as plants, berms, fences, or walls, the purpose of which is to separate and screen incompatible land uses from each other.
Building: Any structure, which is permanently affixed to the land, having one (1) or more floors and a roof supported by columns or walls, which is completely enclosed and is designed or intended for the shelter or protection of persons, animals, or property.
Building, Accessory: A subordinate building detached from, but located on the same lot as, the principal or main building, the use of which is incidental and accessory to the principal building or use and which is constructed subsequent to the principal building or main use of the land, such as but not limited to a detached garage, storage shed, etc.
Building, Principal: A building occupied by the principal use of the lot on which said building is located.
Building Height: The vertical distance measured from a point at the front entry level on the building, but not more than twelve (12) feet above the level of the lowest floor (cellar); and measured to the highest point of the parapet above a flat roof; to the top deck line of a mansard roof; or the mean height level between eaves and ridge for gable, hip, or gambrel roofs.
Building Line: An imaginary linear extension of the building parallel or substantially parallel to the street right-of-way line defining the limits of the front yard, or in the case of a corner lot, the corner side yard.
Car Wash: A building or enclosed area that provides facilities for washing and cleaning motor vehicles, which may use production line methods with a conveyor, blower, or other mechanical devices and/or which may employ hand labor.
Cellar: A story of the floor which has more than one-half (1/2) of its story height below the average contact ground level at the exterior walls of the building. A cellar shall be counted as a story, for the purpose of height regulations, only if used for dwelling purposes other than by a janitor or caretaker employed on the premises. See also Basement.
Cemetery: Land used or intended to be used for the burial of the human or animal dead, and which is dedicated for cemetery purposes. “Cemetery” includes mausoleums and mortuaries if operated in connection with, and within the boundaries of a cemetery. This term shall not include crematoriums.
Cluster Development: A design technique that concentrates buildings in specific areas on a site to allow the remaining land to be used for recreation, open space and preservation of environmentally sensitive areas.
Collector Roadway: Collector roadways are the second level of roadways in the hierarchy. Collectors serve as a connection between arterials and local roadways. They usually have lower speed limits than arterials and serve shorter trips. Collectors provide direct access to residential, commercial, and industrial areas and help to divert traffic from local roadways. Collector roadways must intersect an arterial roadway in at least one location. Collector roadways will normally contain a relatively large number of intersections with local roadways. Collector roadways may be cul-de-sacs if the primary function is to collect traffic from other local roadways, provided that the other requirements set out herein are satisfied. Collectors are further subclassified as residential collectors and general collectors.
A. General Collector: These roadways are the highest order collector roadways. They may service residential and/or nonresidential areas. These collectors provide linkage
between lower order and higher order roadways in the hierarchy. The location and interval of access drives may be designated by the Approving Authority when necessary due to existing or anticipated traffic problems. General Collectors typically have ADT volumes between three thousand (3,000) and ten thousand (10,000).
B. Residential Collector: Residential collector roadways are the lowest order collector roadway. They have only residential lots fronting on the roadway. Residential collectors should be laid out to discourage through traffic, from outside the development, unless linkage between streets outside of the development is determined by the Approving Authority to be desirable. Residential Collectors typically have ADT volumes between one thousand (1,000) and seven thousand (7,000).
Commercial Motor Vehicle: Any self-propelled or towed vehicle used on public highways in intrastate or interstate commerce to transport passengers or property that meets any of the following specifications:
A. The vehicle is a panel or box truck, meaning a truck with its cargo area completely enclosed, that has a gross vehicle weight rating or gross combination weight rating of nine thousand one (9,001) pounds or more.
B. The vehicle is designed to be a medium duty or heavy duty tow truck.
C. The vehicle is designed to transport sixteen (16) or more passengers, including the driver.
D. Any other vehicle, not specified above, that has a gross vehicle weight rating or gross combination weight rating of fourteen thousand (14,000) pounds or more.
E. The vehicle is used in the transportation of hazardous materials in a quantity requiring placarding under the regulations issued by the United States secretary of transportation under the “Hazardous Materials Transportation Act,” 88 Stat. 2156 (1975), 49 U.S.C.A. 1801, as amended.
Commercial Recreation, Indoor: A facility primarily used for the indoor conduct of, or participation in, recreational activities, and secondarily for the viewing of such activities. This term includes, but is not limited to, an indoor driving range, volleyball court, bowling alley, ice or roller skating rink, billiard hall, video game center, soccer field or basketball court. This term does not include a health club.
Commercial Recreation, Outdoor: A facility primarily used for the outdoor conduct of, or participation in, recreational activities, and secondarily for the viewing of such activities. Such a facility may include one (1) or more structures. This term includes, but is not limited to, a mini-golf course/facility, tennis, basketball or volleyball court, soccer, baseball or football field, or amusement or water park. This term does not include a health club.
Common Area/Property: Any land area and/or facilities that is held in common ownership by the residents through a homeowners' association, community association or other legal entity, or which is held by the individual members of a condominium association as tenants- in-common.
Community Recreation Facilities: A building or group of buildings, which may be operated by a public or nonprofit group or agency, used for recreational, social, educational, or cultural activities.
Compliance, Certificate of Zoning: An official statement asserting that a given building, other structure or parcel of land is in compliance with the provisions of all existing codes, or is a lawfully existing non-conforming building or use and, hence, may be occupied and used lawfully for the purposes designated thereon.
Conference Center: A commercial facility used for trade shows, assemblies or meetings, including exhibition space. This term does not include banquet halls, clubs, lodges or other meeting facilities of private or nonprofit groups that are primarily used by group members.
Congregate Care Facility: A residential facility that provides for the needs of individuals who are elderly or handicapped. The facility shall consist of residential dwelling units or rooms designed specifically for the elderly or handicapped, and has common social, recreational, dining and/or food preparation facilities. The facility may be for independent living and/or may provide the residents with a wide range of personal and medical assistance including nursing care.
Convents: An establishment used by a living community of nuns, religious sisters, and/or the buildings utilized by such a community. This term shall not include a school. See also Monastery.
Courtyard: An open unoccupied and unobstructed space, surrounded or partially surrounded by buildings, and other than a designated yard, on the same lot with the building or group of buildings.
Crematorium: A facility that burns human and animal dead to ashes, only when it is associated with a funeral home.
Cultural Institution: An institution that displays or preserves objects of interest to the arts or sciences. This term includes, but is not limited to, a museum, art gallery, aquarium or planetarium.
Day Care Facility: An establishment in which the operator is provided with compensation in return for providing individuals with care for less than twenty-four (24) hours at a time. This term includes, but is not limited to, a day nursery, nursery school, pre-school, adult day care center, or other supplemental care facility. This term does not include a family day care home.
A. Adult Day Care Center. An adult day care center shall not include a convalescent home, hospital or any other full-time care facility.
B. Child Day Care Center. Any place that provides day care or publicly funded day care to thirteen (13) or more children at one (1) time; or any place that is not the residence of the licensee or administrator where child day care is provided to seven (7) to twelve (12) children at one (1) time.
Density: The number of dwelling units permitted per acre of land.
Density, Gross: The number of dwelling units permitted per acre of total land area.
Developer: Any individual, subdivider, firm, association, syndicate, partnership, corporation, trust or any other legal entity commencing proceedings under this Zoning Code to effect a development of land hereunder for himself or for another.
Development: Any building, construction, renovation, mining, extraction, grading, dredging, filling, excavation, or drilling activity or operation; any material change in the use
or appearance of any structure or in the land itself; the division of land into parcels; any change in the intensity or use of land, such as an increase in the number of dwellings units in a structure or a change to a commercial or industrial use from a less intense use.
District: A portion of the territory of the City within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this Zoning Code.
Drive-thru Services: Any portion of a building from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during such business transactions. The term “drive-thru” shall also include “drive-up” and “drive-in” but shall not include Car Wash, Gasoline Station, and Automobile Service Station.
Dwelling: Any building or portion thereof designed or used exclusively as the residence or sleeping place of one (1) or more persons, but does not include a tent, cabin, trailer, trailercoach, hotel, motel or other such accommodations used or intended for transient occupancy other than as permitted by this Code.
Dwelling, Attached One-family: Dwelling units that are structurally attached to one (1) another, side by side, and erected as one (1) building, each dwelling unit being separated from the adjoining unit or units by a party wall without openings extending from the basement floor to the roof and each such building being separated from any other building by space on all sides, and including such elements as separate ground floor entrances, services and attached garages.
Dwelling, Cluster One-family Detached: A dwelling unit which is designed and used exclusively by one (1) family and separated from all other dwelling units by open area from ground to sky, which is grouped with other dwelling units on a site in an arrangement. The cluster dwelling does not need to be located on its own subdivided lot, but shall comply with the requirements for the applicable zoning district.
Dwelling, Multi-Family: A dwelling or group of dwellings on one (1) plot containing separate living units of three (3) or more families, but which may have joint service or facilities for both, not including joint cooking or eating facilities.
Dwelling, One-Family Detached: A building designed for or used exclusively for residence purposes by one (1) family.
Dwelling. Two-Family: A building designed for or used exclusively for residence purposes by two (2) families.
Dwelling, Three-Family: A detached house designed for and occupied exclusively as the residence of not more than three (3) families, each living as a single housekeeping unit.
Dwelling Unit: One (1) or more rooms providing complete living facilities for one (1) family, including equipment for cooking or provisions for the same and including a room or rooms for living, sleeping, eating and toilet facilities.
Easement: A right granted by the owner of land to other parties to use such land for a specific purpose, such as public utility lines or for access to other properties.
Family: An individual or two (2) or more persons, each related to the other by blood, marriage, or adoption, or foster children and not more than two (2) additional persons not related as set forth above, all living together as a single housekeeping unit and using common kitchen facilities.
Family Day Care Home: A residence used to provide childcare as detailed below:
A. Type A. A permanent residence of the day care provider in which child day care or publicly funded day care is provided for seven (7) to twelve (12) children at one (1) time; or, a permanent residence of the day care provider in which child day care is provided for four (4) to twelve (12) children at one time if four (4) or more of these children are under two (2) years of age. Such facilities shall be licensed as mandated by Ohio R.C. Chapter 5104.
B. Type B. A permanent residence of the day care provider in which child day care is provided for one (1) to six (6) children at one (1) time. No more than three (3) of these children shall be under two (2) years of age at one (1) time.
Fence, Solid: An artificially constructed vertical barrier of one (1) or more materials erected to enclose or visually screen areas of land.
Floor Area, Dwelling Unit: The sum of the gross horizontal area of a building devoted to the residential use measured from the exterior faces of the exterior walls or from the centerline of common walls separating two (2) dwelling units. It shall not include unfinished basements, attached garages, attics, terraces, breezeways, open porches, and covered steps.
Foster child: A person under eighteen (18) years of age who is placed in a dwelling unit by an institution or agency, licensed or approved by an appropriate State-regulating agency to place foster children.
Funeral Home: A building or part thereof used for human funeral services. Where a funeral home is permitted, a funeral chapel shall also be permitted. A funeral home may include a mortuary. Such building may contain space and facilities for:
A. Embalming and the performance of other services used in preparation of the dead for burial;
B. The performance of autopsies and other surgical procedures;
C. The storage of caskets, funeral urns, and other related funeral supplies;
D. The storage of funeral vehicles; and,
E. A crematorium.
Garage, Private: A detached building or a portion of the principal building used primarily for the storage of self-propelled passenger vehicles, and in which no business, occupation or service for profit is in any way conducted.
Garage, Public: A structure or portion thereof, where the storage, sale, hire, care, repair or refinishing of self-propelled vehicles or trailers are provided for a consideration. A structure or part thereof used only for storage or display of self-propelled vehicles, but not for transients, and at which automobile fuels and oils are not sold and motor-driven vehicles are not equipped, repaired or hired, shall not be deemed to be a public garage.
Gasoline Station: (See also Automobile Service Station): An establishment where liquids used as motor fuels are stored and dispersed into the fuel tanks of motor vehicles by an attendant or by persons other than the station attendant and may include facilities available for the sale of other retail products.
Golf Course: A tract of land laid out with at least nine (9) holes for playing a game of golf and improved with tees, greens, fairways, and hazards. A golf course may include a clubhouse and shelters as accessory uses.
Group Development: Group Development or Zero Lot Line Development is a design technique which allows the positioning of a building(s) on a lot in such a manner that one (1) or more of the building sides rests directly on the lot line allowing for more usable side-yard space providing greater privacy.
Health Club: An establishment for the conduct of indoor sports and exercise activities, along with related locker and shower rooms, offices, and classrooms.
Highest and Best Use: An appraisal concept, usually a pro-forma comparison among several uses to determine which is most profitable and liable to produce the greatest net return in the foreseeable future. As it is economically oriented, the term has little validity in planning or zoning studies. Profitability is not guaranteed by zoning, nor is the loss of profitability considered a hardship.
Home Occupation: An occupation conducted within a dwelling, which is clearly incidental and secondary to the use of the building for dwelling purposes, and which is carried on by a person who resides in such dwelling.
Hospital: A facility which provides accommodations and continuous services for the sick and injured which may include pediatrics, obstetrical, medical, surgical, psychiatric or extended care.
Hotel/Motel: A building or portion thereof, or a group of buildings, which provides sleeping accommodations for transients on a daily or weekly basis, whether such establishments are designated as a hotel, inn, automobile court, motel, motor inn, motor lodge, tourist cabin, tourist court or otherwise.
House Trailer: See Mobile Home (also house trailer) or Manufactured Home.
Improvements: The term means street pavement or resurfacing, curbs, gutters, sidewalks, water lines, sewer lines, storm drains, street lights, flood control and drainage facilities, utility lines, landscaping, and other related matters normally associated with the development of raw land into building sites.
Kennel: An establishment, which is operated as a commercial enterprise, on which three (3) or more domesticated animals more than four (4) months of age are housed, groomed, bred, boarded, trained, or sold and which may offer provisions for minor medical treatment. A kennel shall not include any animals that are dangerous or a threat to the health and safety of the community as determined by the Planning Commission.
Landscaped area: An area that is permanently devoted to and maintained for the growing of trees, shrubs, grass or other plant material.
Land-Use Plan: The long-range Plan for the desirable use of land in the City as officially adopted and as amended from time to time. The purpose of such Plan is, among other things, to serve as a guide in the zoning of land to meet changing needs, in the subdividing and use of undeveloped land and in the acquisition of right-of-way or sites for public purposes such as streets, parking, schools and other public buildings.
Loading Space: Any space used for loading and unloading vehicles.
Local Roadways: Local roadways are the third and lowest order streets in the hierarchy. They provide for access to abutting properties and generally have low speed limits. Local roadways should be laid out to discourage through traffic and shall provide access to
properties fronting on that roadway. Properties on local roadways may be commercial or residential in nature, but in general, different property types are not present on the same roadway. Local roadways for business and industrial developments shall connect with arterial, collector, or other local roadways for business properties so as to not generate large volumes of traffic on any residential street. Local roadways typically have ADT volumes of less than one thousand (1,000).
Lot: A piece or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings and an accessory building, or utilized for a principal use and uses accessory thereto, together with such open spaces and having access to or frontage on a public street as required by this Zoning Code.
Lot Area: The computed area contained within the lot lines.
Lot, Corner: A lot at the junction of the abutting on two (2) intersecting streets forming an interior angle of less than one hundred thirty-five (135) degrees.
Lot Coverage: That portion of a lot which is covered by a building or structure, parking or loading areas, driveway and sidewalk and other surfaces that are impermeable or substantially impervious to water.
Lot, Depth: The depth of a lot is the mean horizontal distance between the front and rear lot lines. Minimum depth is measured along the shortest side lot line.
Lot, Interior: A lot other than a corner lot.
Lot Line, Front: The line separating the lot from the street on which the lot fronts.
Lot Line, Rear: The lot line opposite and most distant from the front lot line.
Lot Line, Side: Any lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a side street lot line; a side lot line separating a lot from another lot or lots is called an interior side lot line.
Lot Lines: The property lines bounding the lot.
Lot Width: The mean width of the lot measured at right angles to its depth, provided, however, that the minimum lot widths specified in the various districts shall be measured at the building line.
Major Street Plan: The official Major Street Plan of the City, as adopted, drawn composite with the Land Use Plan, establishing the location and official right-of-way widths of principal highways and streets in the City, together with an amendment thereto subsequently adopted.
Mausoleums: A building that contains places for the entombment of the dead above ground.
Membership Clubs: An incorporated or unincorporated association of persons organized for a common purpose to pursue common goals, interests, or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, and a constitution and by-laws.
Mobile Home (also house trailer) or Manufactured Home: A wheeled or non-wheeled structure whose width is determined by over-the-road transportation criteria, and which can be used singly or in multiples for permanent or protracted residence. (Does not include travel trailers, tent campers, travel coaches whose primary use is vacation oriented.)
Monastery: An establishment used by a living community of monks, brothers, and/or priests and/or the buildings utilized by such a community. This term shall not include a school. See also Convent.
Mortuary: See definition of Funeral Home.
Municipal Buildings: Any building or structure or portion thereof, used by a government agency for administrative or service purposes, but not including buildings devoted solely to the storage and maintenance of equipment and materials. “Municipal buildings” includes but is not limited to fire stations, police stations, government offices, public service buildings, other similar uses, and limited incarceration facilities.
Municipal Park Buildings: Buildings associated with municipal parks including, but not limited to, those used for storage, assembly, offices and sports related facilities.
Night Clubs: An establishment operated as a place of entertainment, which may also prepare and serve food and/or beverages for consumption on-site, that is characterized by any or all of the following as a principal use:
A. Live, recorded, or televised entertainment, including but not limited to performance by magicians, musicians, or comedians;
B. Dancing.
Nonconformity: A lot, use of land, building, site conditions, use of buildings, or use of buildings and land in combination lawfully existing at the time of enactment of this Zoning Code or its amendments, which do not conform to the current regulations of the district or zone in which it is situated or other regulations in this Zoning Code.
A. Nonconforming Building. A building existing lawfully when this Zoning Code, or any amendment thereto, became effective, but which does not conform to the current regulations governing buildings and structures of the district in which it is located.
B. Nonconforming Lot. A lot lawfully existing on the effective date of this Zoning Code or any amendment thereto, which on such effective date, does not conform to the current lot area, access, lot width, frontage, or other requirements of the district in which it is located.
C. Nonconforming Site Condition. A site improvement that was legally established, but no longer conforms with the regulations in the Zoning Code.
D. Nonconforming Use. Any building or land lawfully occupied by a use on the effective date of this Zoning Code or any amendment thereto, which does not conform to the current use regulations of the district in which it is situated.
Nursing Home: See Congregate Care Facility.
Office, Administrative/Business/Professional: An establishment within which specific services are conducted with other businesses, individuals, organizations or corporate customers, generally on a contractual basis, and not involving the retail sales of merchandise on the premises for walk-in traffic from the street.
Office, Medical/Dental: Facilities which provide diagnoses, minor surgical care and outpatient care on a routine basis, but which do not provide overnight care or serve as a base for an ambulance service. Medical/dental facilities are operated by doctors, dentists, or similar practitioners licensed by the State of Ohio. Emergency treatment is not the dominant type of care provided at this facility. Health services includes establishments providing support to medical professionals and patients, such as medical and dental laboratories, blood banks, oxygen, and miscellaneous types of medical supplies and services.
Open Space: The portion of the open space in a development that is of sufficient size and shape to meet the minimum zoning requirements and on which further development is restricted.
Outdoor Display/Sales: Merchandise placed in an outdoor area that is open to the general public, when the merchandise on display is removed from its shipping packaging and is representative of merchandise that is available for purchase inside the building and/or is available for purchase by the general public directly from the display area.
Outdoor Storage: The storage of goods, materials, merchandise or vehicles in an area outside of a building or structure in the same place for more than twenty-four (24) hours, except for merchandise placed in an area for outdoor display.
Outdoor Wood-Fired Boiler: A fuel burning device which primarily uses wood as its fuel, which is not located inside structures or buildings occupied by humans, and is intended to heat spaces or liquids (generally water) by the distribution of the fluid heated by the boiler through pipes. Common uses include, but are not limited to: residential or commercial space heating; heating of hot water tanks; heating of water for swimming pools, hot tubs or whirlpool baths.
Park: A tract of land, designated and used by the public, for active and/or passive recreation.
Park and Ride Facility: A parking area for automobile drivers who then board vehicles, shuttles, or carpools from these locations.
Parking Lot: An outdoor paved area made up of marked parking spaces and associated access drives where motor vehicles may be stored for the purpose of temporary off-street parking. Also known as a parking area or parking facility.
Parking Garage: A building or structure consisting of more than one (1) level and used to store motor vehicles.
Parking Space, Off-street: An open or enclosed area, defined by painted lines, raised curbs or a combination thereof, outside the public street right-of-way that is used for the parking or temporary storage of registered and licensed motor vehicles.
Performance Guarantee: A financial deposit to ensure that all improvements, facilities, or work required will be completed in conformance with the approved plan.
Performance Standard: A criterion, established in the interest of protecting the public health and safety, for the control of noise, odor, smoke, noxious gases and other objectionable or dangerous elements generated by and inherent in or incidental to land uses.
Person and Responsible Person: Shall mean an individual, partnership, corporation, limited liability company, limited liability partnership or officer, partner or member of a business entity, or fee owner of real property, lessor, lessee or agent, operator or manager or zoning or building permit applicant.
Place of Worship: A building or structure used for public worship. The word “church” includes the words “place of worship,” “house of worship,” “chapel,” “synagogue” and “temple” and their uses and activities that are customarily related.
Plan, Plot: A plan of a lot, drawn to scale, showing the actual measurements, the size and location of any existing structures or structures to be erected, the location of the lot in relation to abutting streets, and other such information.
Plan, Site: A plan prepared to scale accurately showing, with complete dimensions, the boundaries of the site, the location of buildings; landscaping; parking areas; access drives; signs; outdoor storage areas; and any other features that comprise a proposed development.
A. Preliminary Site Plan: Drawings and maps including all the elements set forth in this Zoning Code.
B. Final Site Plan: Drawings and maps including all the elements set forth in this Zoning Code.
Portable Storage Container: A portable, weather-resistant receptacle designed and used for the storage or shipment of household goods, wares, building materials, or merchandise.
Private Drive: A privately owned roadway providing access for vehicles to a parking space, garage, dwelling or other structure.
Project Boundary: The boundary defining the tract(s) of land that is included in a proposed development to meet the minimum required project area required in this Code. The term “project boundary” shall also mean “development boundary”.
Public Service Facility: The erection, construction, alteration, operation, or maintenance of buildings, power plants or substations, water treatment plants or pumping stations, sewage disposal or pumping plants and other similar public service structures by a public utility, by a railroad, whether publicly or privately owned, or by a municipal or other government agency, including the furnishing of electrical, gas, rail transport, communication, public water, and sewerage services.
Recreational Vehicle/Equipment: A portable structure designed to be mounted on or drawn by a motor vehicle or trailer, or built on a chassis, and intended to be utilized for recreational and/or functional use. For the purpose of this code, recreational vehicle/equipment shall include a(n) utility trailer, open trailer, recreational vehicle, boat, boat trailer, pick-up truck camper, snowmobile, snowmobile trailer, folding tent trailer, or other camping and recreational equipment as determined by the Zoning Administrator and any trailer that may be used to convey such a vehicle or equipment.
Residential Facility: A facility licensed by the Ohio Department of Mental Health that provides room, board, personal care, supervision, habilitation services and mental health services, in a family setting, to one (1) or more persons with mental illness or severe mental disabilities. There are three (3) size categories of residential facilities:
A. Family home. A residential facility that provides the services listed above for six (6) to eight (8) mentally retarded or developmentally disabled persons.
B. Foster family home. A residential facility that provides the services listed above for five (5) or fewer mentally retarded or developmentally disabled persons.
C. Group home. A residential facility that provides the services listed above for nine (9) to sixteen (16) mentally retarded or developmentally disabled persons.
Restaurant, Counter Service: A retail service establishment whose principal business is the sale of foods, frozen desserts, or beverages in ready-to-consume individual servings, for consumption either within the restaurant building or for carry-out, and where customers are not served such food, frozen desserts, or beverages by a restaurant employee at the same table or counter where the items were consumed.
Restaurant, Outdoor Dining: An establishment where food and drink are prepared inside the establishment and consumed outside the principal building in an area adjacent to the principal building.
Restaurant, Sit Down: A place located in a permanent building provided with space and accommodations such as tables, chairs, silverware, chinaware, and condiments, wherein the entire business activity, or substantially all of the business activity, consists of the sale of food and service to patrons seated at tables for consumption within the building. Such meaning excludes drug stores, confectionery stores, lunch stands, drive-in food and beverage operations and service stations.
Retail Establishment: An establishment engaged in the selling of goods or merchandise to the general public for personal or household consumption, and rendering services incidental to the sale of such products. Such an establishment is open to the general public during regular business hours and has display areas that are designed and laid out to attract the general public. In determining a use to be a retail use, the proportion of display area vs. storage area and the proportion of the building facade devoted to display windows may be considered. This term does not include any sexually oriented businesses, which are separately regulated in this Zoning Code in Chapter 1285, Adult Use Regulations.
Rooming House: A dwelling in which an individual or individuals rent bedroom accommodations with kitchen, living and toilet facilities for one (1) or more continuous nights.
School, Public and Private: Publicly or privately owned facilities providing full-time day instruction and training at the elementary, junior high, middle, and high school levels in accordance with the requirements of Ohio R.C. Chapter 3313, or facilities providing kindergarten or nursery school training and care whose annual sessions do not exceed the school sessions for full-time day schools and which are operated by a board of education or an established religious organization.
School (public/private) College/University: An educational institution authorized by the State of Ohio to award associates or higher degrees.
School, Specialty/Personal Instruction: A facility primarily teaching usable skills that prepare students for jobs within a specific trade or a facility providing instruction on social and religious customs and activities, performing arts and/or sports. Such facilities may include beauty schools, dance instruction centers, cooking schools and martial arts studios. This term does not include health club.
Service Establishment. Personal: An establishment providing services that are of a recurring and personal nature to individuals. This term includes, but is not limited to, a barber shop, beauty salon, shoe repair shop, seamstress, tailor, and tanning salon. This term does not include a health club or repair shop for household items.
Setback: The required minimum horizontal distance between a lot line or the proposed thoroughfare line shown on the Major Streets Plan, whichever is more restrictive and a building, surface parking lot, outdoor storage, or structure as established by this Zoning Code.
Setback Line: A line established by this Zoning Code generally parallel with and measured from the lot line, defining the minimum distance a building, structure, parking area or outdoor storage area shall be located from the said lot or thoroughfare/right-of-way line, except as may be provided in this Zoning Code.
Single Housekeeping Unit: Single housekeeping unit means the common use and access to all living and eating areas, bathrooms, and food preparation and serving areas.
Specialty Hospital: A facility which provides accommodations and continuous services for the sick and injured, which includes but is not limited to surgical care, and has a minimum square footage of forty thousand (40,000) square feet, but does not contain an emergency room or a helipad, except as provided by Section 1282.02(b)(6)G.
Sports Facility: A place designed and equipped primarily for observation of sports, leisure time activities and other customary and usual recreational activities. Such a facility is typified by temporal peaks in vehicle trip generation. This term includes, but is not limited to, a stadium, ballpark or arena. A sports facility does not include the facilities and equipment at a level of improvement normally associated with a municipal park.
Standard, Performance: See Performance Standard.
Story: That portion of a building between the surface of a floor and the floor or ceiling immediately above it, all of which is to be above ground level.
Story, First: The lowest story or the ground story of any building the floor of which is not more than twelve (12) inches below the average contact ground level at the exterior wall of the building. Any basement or cellar used for residence purposes, other than for a janitor or caretaker or his family, shall be deemed a first story.
Story, Half: A partial story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than four (4) feet above the floor of such story. However, any partial story used for residence purposes, other than for a janitor or caretaker or his family, shall be deemed a full story.
Street: A dedicated public right-of-way fifty (50) feet or more in width which provides a public means of access to abutting property, or any such right-of-way more than twenty-four (24) feet and less than fifty (50) feet in width, provided it existed and was dedicated prior to April 1, 1961. The term “street” includes avenue, drive, circle, road, parkway, boulevard or any other similar term.
Structural Alteration: Any change in the structural members of a building, such as walls, columns, beams or girders.
Structure: Anything that is constructed on or under the ground or attached or connected to the ground, included but not limited to: buildings, barriers, bridges, bulkheads, bunkers, chimneys, fences, garages, outdoor seating facilities, platforms, decks, pools, poles, tanks, tents, towers, sheds, signs and walls; excluding trailers and other vehicles whether on wheels or other supports.
Swimming Pool, Commercial: A body of water in an artificial or semi-artificial receptacle or other container, whether located indoors or outdoors, used or intended to be used for public, semipublic or private swimming by adults or children, both adults and children, whether or not any charge or fee is imposed upon such adults or children, operated and maintained by any person, whether he is an owner, lessee, operator, licensee or consignor, exclusive of a family swimming pool, as defined herein, and includes all structures, appurtenances, equipment, appliances and other facilities appurtenant to and intended for the operation and maintenance of a swimming pool. All swimming pools operated and maintained in conjunction with or by clubs, multi-family developments, motels, hotels, and community associations are commercial swimming pools.
Swimming Pool, Family: A swimming pool, which is capable of holding water with a depth greater than forty-two (42) inches, used or intended to be used solely by the owner or lessee thereof and their family and by friends invited to use it without payment of any fee.
Thoroughfare, Primary or Secondary: An officially designated Federal, State, or County numbered highway or other road or street designated as a primary or secondary thoroughfare on the Major Street Plan.
Trailer: Any vehicle or structure constructed in such a manner as to permit occupancy thereof as sleeping quarters or for the conduct of any business, trade or occupation; or use as a selling or advertising device; or use for storage or conveyance of tools, equipment or machinery, and so designed that it is or may be mounted on wheels and used as a conveyance on highways and streets, propelled or drawn by its own or other motor power.
Urgent Care Center: A medical facility, outside of a hospital emergency department, where ambulatory patients can be treated on a walk-in basis, without an appointment, and receive immediate non-emergency care. The facility may be open twenty-four (24) hours a day.
Use: The purpose for which land or a building or structure is arranged, designed or intended, or for which either land or a building or structure is, or may be occupied or maintained.
A. Use, Accessory: A use located on the same lot with the principal use of building or land, but incidental and subordinate to and constructed subsequent to the principal use of the building or land.
B. Use, Conditional: A use permitted in a district, other than a principal use permitted by right, which is allowed only under certain conditions as set forth in Chapter 1287, Conditional Use Regulations, and which requires conditional use approval by the Planning Commission, in accordance with the standards and procedures set forth in Chapter 1241, Procedures for Conditional Use and Similar Use Approval.
C. Use, Permitted: A use that is authorized by this Zoning Code as either a use permitted by right, a conditional use, or an accessory use.
D. Use Permitted by Right: A permitted use that is approved administratively when it complies with the standards and requirements set forth in the Zoning Code, the approval of which does not require a public hearing.
E. Use, Principal: The primary or main use or activity of a building or lot.
F. Use, Temporary: A use that is established for a fixed period of time with the intent to discontinue such use upon the expiration of such time and does not involve the construction or alteration of any permanent structure.
Utility Services: Underground or overhead gas, electrical, steam or water transmission or distribution systems or collection, communication, supply or disposal systems, including poles, wires, main drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, that have been erected, constructed, altered or maintained by public utility companies having the power of eminent domain or by municipal departments, used for local service lines and supplies necessary to the inhabitants of the City, but not for bulk storage or transmission for areas outside the City limits.
Utility Substation/Distribution Facility, Indoor: A facility contained entirely within a building, which performs either of the following functions:
A. Aids in the transmission or distribution of gas, electricity, steam or water, or landline telephone communications.
B. Is used as a distribution center, including but not limited to a water pumping station, water reservoir, transformer station, landline telephone exchange, or building for radio, television, but not including a yard or building for storage, maintenance or repair service.
Utility Substation/Distribution Facility, Outdoor: A facility, other than a transmission tower and not contained entirely within a building, which performs either of the following functions:
A. Aids in the transmission or distribution of gas, electricity, steam or landline telephone communications.
B. Is used as a distribution center, including but not limited to a transformer station, landline telephone exchange, or building for radio, television.
Variance: Permission to depart from the literal requirements of the Zoning Code typically determined by the Board of Zoning and Building Appeals.
Vehicle Repair Garage: An establishment providing repair services for motor vehicles, including the sale, installation and servicing of related equipment and parts, where all such work is performed within an enclosed building. This term includes, but is not limited to, the repair or servicing of transmissions, engines or upholstery including the rebuilding or reconditioning of motor vehicles, or parts thereof, including clutch, transmission, differential, axle, spring, and frame repairs; major overhauling or engines requiring the removal of the engine cylinder, head or crankcase pan; repairs to radiators requiring the removal thereof; or similar activities. This term includes, but is not limited to, an auto repair shop, wheel and brake shop, tire sales and installation, or upholstery shop. This term shall not include vehicle dismantling or salvage, tire re-treading or recapping, or motor vehicle body shop.
Vehicular Use Area: An area for storage of any and all types of vehicles whether such vehicles are self propelled or not, and an area including all land designed to be traversed by vehicles including, but not limited to, drive-in activities such as filling stations, grocery and dairy stores, banks, restaurants and the like.
Yard: An open space on the same lot with a principal building or structure extending between the lot line and the extreme front, rear or side wall of the principal building or structure.
Yard, Corner Side: On a corner lot, the yard between the principal building and the side lot line adjacent to the street and extending from the front yard to the rear lot line.
Yard, Front: The area across the full width of the lot between the front of the principal building and the front line of the lot.
Yard, Rear: The area across the full width of the lot between the rear of the principal building and the rear line of the lot.
Yard, Side: The area between the principal building and the side line of the lot extending from the front wall to the rear wall of the principal building.
Zoning Administrator: The individual designated to administer the Zoning Code of the City of Fairlawn, Ohio. A person designated by the Zoning Administrator may also perform duties of the Zoning Administrator.
Zoning Certificate: A document issued by the Zoning Administrator authorizing the construction or alteration of a building or structure and/or use of a lot or structure in accordance with this Zoning Code.
Zoning Code: Ordinance 2010-059, passed March 7, 2011, as amended, codified herein as Title Six of Part Twelve - the Planning and Zoning Code.
Zoning Map: An accurate map depicting the City of Fairlawn, Ohio, and indicating the boundaries of the zoning districts established by this Zoning Code. The Zoning Map may also be known as the Official Zoning Map.
(Ord. 2010-059. Passed 3-7-11; Ord. 2014-065A. Passed 10-20-14; Ord. 2019-037. Passed 9- 16-19.)