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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
CHAPTER 1242
Board of Zoning and Building Appeals
   1242.01   Intent.
   1242.02   Membership; terms of office.
   1242.03   Officers; powers and duties.
   1242.04   Meetings and rules.
   1242.05   Procedure on appeals and applications.
   1242.06   Reserved.
   1242.07   Reasons for granting variances related to area.
   1242.08   Lapse of variances.
   1242.09   Re-application to the Board of Zoning and Building Appeals after disapproval.
   1242.10   Interpretation of Zoning Map.
   1242.11   Re-application for change of variance.
   CROSS REFERENCES
   Appeals from zoning decisions - see Ohio R.C. 713.11
   Fees for processing matters before the Board - see P. & Z. Ch. 1238 
   Amendments - see P. & Z. Ch. 1244
   Existing uses and performance standards - see P. & Z. 1248.03
   Nonconforming uses, lots and structures - see P. & Z. Ch. 1286
1242.01 INTENT.
   A Board of Zoning and Building Appeals is hereby established as provided in Article XI of the City Charter, to assist in the administration of this Zoning Code, particularly to decide and interpret provisions which require impartial adjustments of conflicting interests and to grant variances where the strict letter of this Code causes practical difficulties as defined by the variance standards set forth herein. Such a Board is herein established to achieve among others, the following purposes:
   (a)   To provide a method for alleviating practical difficulties by allowing a reasonable use for individual parcels of property which, because of unusual or unique circumstances, may be denied a reasonable use by a literal application of the terms of this Code;
   (b)   To review or appeal any order, requirement, decision or determination made by the Zoning Administrator;
   (c)   To provide an administrative board, independent from all other Municipal boards or commissions, to act only pursuant to and in accordance with the standards established by the legislative body to hear and decide appeals which are to be tried over again from the beginning (de novo);
   (d)   To provide that decisions and the granting of variances will sustain the constitutionality of the Code;
   (e)   To interpret the Zoning Map.
(Ord. 2010-059. Passed 3-7-11.)
1242.02 MEMBERSHIP; TERMS OF OFFICE.
   (a)   The Board of Zoning and Building Appeals shall consist of five (5) regular members and one (1) alternate member appointed by the Mayor with the approval of a majority of members elected to Council. Members of the Board shall serve a five (5)-year term without compensation.
(Ord. 2010-059. Passed 3-7-11.)
1242.03 OFFICERS; POWERS AND DUTIES.
   (a)   The Board of Zoning and Building Appeals shall elect from among its members a Chairman, a Vice-Chairman and Secretary. The Board shall adopt rules and regulations consistent with this Zoning Code as may be necessary to carry into effect the duties, powers and responsibilities conferred herein. The powers, duties and responsibilities of the Board shall be:
      (1)   To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation, or determination made by the Zoning Administrator or another administrative official in the administration or enforcement of this Zoning Code, unless otherwise provided in this Zoning Code;
      (2)   To permit variations from this Zoning Code in individual cases as may be required to afford justice and avoid practical difficulty to property owners in accordance with standards established by ordinance of Council and/or this Zoning Code;
      (3)   To permit alterations, reconstruction, and substitutions when a building contains a nonconforming use in conformance with the provisions of this Code;
      (4)   To resolve any disputes with respect to the precise location of a zoning district boundary; and,
      (5)   To hear and decide all other matters referred to and upon which it is required to pass by this Code.
(Ord. 2010-059. Passed 3-7-11.)
1242.04 MEETINGS AND RULES.
   (a)   Meetings of the Board shall be held at the call of the Chairman, and at such other times as the Board may determine. The Chairman or, in his absence, the Vice-Chairman, may administer oaths and the Board shall be open to the public.
   (b)   Three (3) members of the Board shall constitute a quorum. The Board shall act by resolution, and the concurring vote of three (3) members of the Board shall be necessary to reverse any order or determination of the Zoning Administrator or to decide in favor of an applicant in any matter of which the Board has original jurisdiction or to grant any variance from the requirements stipulated in this Zoning Code.
   (c)   After proper application has been made, the Board shall make appropriate investigations. The Board may call upon other municipal departments for assistance in the performance of its duties, and it shall be the duty of such departments to render such assistance to the Board as may reasonably be required.
   (d)   The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Zoning Administrator and shall be a public record.
   (e)   It shall be the responsibility of the Board Chairman, or Vice-Chairman to elicit the position of the administration pertaining to any application regarding new construction of a residence, or, new construction or an addition to a structure other than a residence, in the course of the Board's review and prior to making a final decision thereon.
(Ord. 2010-059. Passed 3-7-11.)
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