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Fairlawn Overview
City of Fairlawn, Ohio Code of Ordinances
CITY OF FAIRLAWN, OHIO CODE OF ORDINANCES
PART TWO - ADMINISTRATION CODE
PART FOUR - TRAFFIC CODE
PART SIX - GENERAL OFFENSES CODE
PART EIGHT - BUSINESS REGULATION AND TAXATION CODE
PART TEN - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART TWELVE - PLANNING AND ZONING CODE
TITLE TWO - Planning
TITLE FOUR - Subdivision Regulations
TITLE SIX - Zoning Code
CHAPTER 1234 General Provisions and Definitions
CHAPTER 1236 Administration, Enforcement and Penalty
CHAPTER 1238 Zoning Certificates and Certificates of Zoning Compliance
CHAPTER 1240 Site Plan Review Procedures
CHAPTER 1241 Procedures for Conditional Use and Similar Use Approval
CHAPTER 1242 Board of Zoning and Building Appeals
CHAPTER 1244 Procedures for Zoning Code Amendments
CHAPTER 1246 Districts and Boundaries Generally; Zoning Map
CHAPTER 1248 Provisions Applicable to All Districts
CHAPTER 1250 Provisions Applicable to All “M” Districts
CHAPTER 1252 M-1 Municipal District (Institutional)
CHAPTER 1254 M-2 Municipal District (Parks & Recreation)
CHAPTER 1256 M-3 Municipal District (Quasi-Public)
CHAPTER 1258 Provisions Applicable to All “R” Districts
CHAPTER 1260 R-1 Single Family Residence District
CHAPTER 1262 R-2 Single Family Residence District
CHAPTER 1264 R-3 Single Family Residence District
CHAPTER 1266 R-4 Two Family Residence District
CHAPTER 1268 R-5 Limited Multiple Dwelling Residence District
CHAPTER 1270 R-6 Planned Multiple Dwelling Residence District
CHAPTER 1272 OC-1/OC-2 Open Space/Conservation District
CHAPTER 1273 Planned Unit Development District
CHAPTER 1274 Provisions Applicable to All “B” Districts
CHAPTER 1276 B-1 Limited Business District
CHAPTER 1278 B-2 Retail Business District
CHAPTER 1280 B-3 Business District
CHAPTER 1282 B-4A Office Park/Research District
CHAPTER 1283 B-4 Office Park/Research District
CHAPTER 1284 Off-Street Parking and Loading
CHAPTER 1285 Adult Use Regulations
CHAPTER 1286 Nonconforming Uses, Lots and Structures
CHAPTER 1287 Conditional Use Regulations
CHAPTER 1288 Exceptions and Modifications
CHAPTER 1290 Farm Animals
CHAPTER 1292 Antennas
CHAPTER 1294 Swimming Pools
CHAPTER 1296 Landscaping, Screening, and Open Space Regulations
CHAPTER 1298 Sign Regulations
PART FOURTEEN - BUILDING AND HOUSING CODE
PART FIFTEEN - PROPERTY MAINTENANCE CODE
PART SIXTEEN - FIRE PREVENTION CODE
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1241.01 PURPOSES.
   (a)   The purpose of this Chapter is to establish procedures for reviewing applications for conditional and similar uses. These procedures are necessary because some uses, as set forth in the district regulations are classified as conditional uses and other uses may be considered as similar uses, thereby requiring review processes utilizing the criteria outlined in this Chapter and the standards and criteria for conditional uses in Chapter 1287.
(Ord. 2010-059. Passed 3-7-11.)
1241.02 PRE-APPLICATION MEETING ENCOURAGED FOR CONDITIONAL USE.
   (a)   The applicant is encouraged to meet with the Zoning Administrator prior to submitting an application for a conditional use. The purpose of this meeting is to discuss early and informally with the applicant the purpose and effect of these zoning regulations and the criteria and standards contained within. However, no action shall be taken at such a meeting and no discussions, opinions, suggestions, or recommendations shall be relied upon by the applicant to indicate subsequent approval or disapproval of the application.
(Ord. 2010-059. Passed 3-7-11.)
1241.03 SUBMISSION OF APPLICATION FOR CONDITIONAL USE.
   The owner or agent thereof, of property for which such conditional use is proposed shall file with the Zoning Administrator:
   (a)   A completed application form along with the application fee.
   (b)   A list of all property owners and mailing addresses adjacent to any part of the property on which the conditional use is proposed, including their addresses and permanent parcel number and lot numbers, as shown on the current tax duplicate in the Office of the Summit County Treasurer.
   (c)   A site plan and associated documents as required by the applicable sections in Chapter 1240.
(Ord. 2010-059. Passed 3-7-11.)
1241.04 CONDITIONAL USE APPLICATION PROCEDURES.
   (a)   Review for Completeness. Upon receipt of an application for a conditional use, the Zoning Administrator shall review the submitted application for completeness and compliance with the applicable submission requirements. If the application is deemed incomplete or otherwise not in compliance with the submittal requirements, the Zoning Administrator shall notify the applicant of the necessary changes or additional information needed. When the application is deemed complete and the application fee has been paid, the Zoning Administrator shall officially accept the application for consideration and place it on the Planning Commission's agenda.
   (b)   Distribution of Plans. When the Zoning Administrator determines that the application is complete, the Zoning Administrator shall forward the application to appropriate City departments and professional consultants for review and comment.
(Ord. 2010-059. Passed 3-7-11.)
1241.05 REVIEW OF CONDITIONAL USE APPLICATION.
   The Planning Commission shall review the proposed conditional use, as presented on the submitted plans and specifications, to determine whether or not the proposed use is appropriate and in keeping with the purpose and intent of this Zoning Code.
   (a)   The Planning Commission shall review the application to determine if the establishment and operation of the proposed use complies with the general criteria established for all conditional uses and the specific requirements established for that particular use, as set forth in Chapter 1287, Conditional Use Regulations, of this Zoning Code; and
   (b)   The Planning Commission may require the applicant to submit such additional information as deemed necessary including the carrying out of special studies and the provisions of expert advice.
(Ord. 2010-059. Passed 3-7-11.)
1241.06 PUBLIC HEARING AND NOTICE BY PLANNING COMMISSION FOR CONDITIONAL USES.
   (a)   Prior to action being taken on a conditional use application, the Planning Commission shall hold a public hearing thereon and shall give ten (10) days notice of such public hearing indicating the time and place thereof, and the nature of the proposed conditional use application, by first class mail to the applicant and to the property adjacent to the property on which the use is proposed. Failure of delivery of such notice shall not invalidate action taken on such application. Further ten (10) day notice shall be given in one (1) or more newspapers of general circulation in the city. The Commission may recess such hearings from time to time, and, if the time and place of the continued hearing is publicly announced at the time of the adjournment, no further notice shall be required.
(Ord. 2010-059. Passed 3-7-11.)
1241.07 ACTION BY PLANNING COMMISSION ON CONDITIONAL USES.
   (a)   Required Action. Upon review of a conditional use application, the Planning Commission shall take one (1) of the following actions:
      (1)   If the proposed conditional use is determined by the Planning Commission to be appropriate and in conformance with the review criteria outlined in Chapter 1287, the Planning Commission shall approve the conditional use. As part of the approval, the Planning Commission may prescribe reasonable requirements or conditions on the proposed use to ensure that the development conforms to the intent and purposes of Chapter 1287. The Planning Commission may approve the application for a conditional use and subsequently approve the final site plan.
      (2)   The Planning Commission shall deny the application if the Planning Commission concludes that, if completed as proposed, the development will not be in compliance with the requirements of this Zoning Code.
   (b)   Failure of the Planning Commission to Act. If the Planning Commission fails to act within three (3) regularly scheduled meetings from the date that the application was deemed complete, or an extended period as may be agreed upon, then the application shall be deemed to have been approved.
(Ord. 2010-059. Passed 3-7-11.)
1241.08 TERMS AND DURATION OF CONDITIONAL USE APPROVAL.
   (a)   Terms. Approval of a conditional use, pursuant to this Chapter, shall be valid only for the use and the operation of such use as specified by the Planning Commission. The breach of any condition, safeguard, or requirement shall constitute a violation of this Zoning Code. Approval shall automatically be void if, for any reason, the conditional use shall cease for more than one (1) year.
   (b)   Duration. The conditional use approval shall expire one (1) year from the date of enactment, unless:
      (1)   Substantial progress in the establishment of the use is accomplished; or
      (2)   As otherwise specifically approved by the Planning Commission.
   (c)   Conditional Use Changes. Except as noted throughout the Code, all exterior alterations and additions to existing uses that became conditional uses, by the adoption of Chapter 1241, amendments thereto, or other Zoning Code amendments shall be reviewed and approved by the Planning Commission. Also, any interior alteration to an existing nonresidential conditional use that requires additional parking spaces to be provided shall be submitted to the Planning Commission for review and approval.
(Ord. 2010-059. Passed 3-7-11.)
1241.09 RE-APPLICATION FOR A CONDITIONAL USE APPROVAL.
   (a)   The Zoning Administrator shall not accept any re-application for a conditional use unless the re-application is based on a revised application that addresses the grounds for the denial of the prior application or the applicant can demonstrate that there are changes in circumstances materially relating to the property. A re-application shall comply with all the requirements of this Chapter, including payment of the required fee.
(Ord. 2010-059. Passed 3-7-11.)
1241.10 SIMILAR USES.
   Within each zoning district established by the Zoning Code and amendments thereto, uses of land or structures, which are compatible with each other, are permitted in the district. To the extent that new types of uses are created and are not addressed by this Zoning Code, this section provides the procedure by which the Planning Commission may make a determination that a new use is similar to a use permitted in a district.
   (a)   Determination. A proposed use may be permitted as a similar use when the Planning Commission determines that such proposed use is in compliance with the following provisions:
      (1)   The proposed use is not explicitly prohibited in any other district or the Zoning Code;
      (2)   The proposed use is not listed as a permitted building or use in any other district;
      (3)   The proposed use conforms to and is consistent with the purpose statement of the proposed district more appropriately than in any other district;
      (4)   The proposed use is of the same general character as the permitted uses in the district to which it is proposed or is similar to a specific use permitted in that district.
   (b)   Assignment to Districts. If the Planning Commission approves the proposed similar use, then such similar use shall be added to those districts that allow the principal or conditional use that is most similar, as determined by the Planning Commission.
(Ord. 2010-059. Passed 3-7-11.)