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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 1258
Provisions Applicable to All “R” Districts
   1258.01   Intent.
   1258.02   Use regulations for single & two- family residence districts.
   1258.03   Accessory buildings in Residence Districts.
   1258.04   Home offices.
   1258.05   Street access required.
   1258.06   Setbacks; reduction or use by another building.
   1258.07   Yard and setback requirements.
   1258.08   Projections into setbacks.
   1258.09   Frontage.
   1258.10   Water and sanitary sewers required.
   1258.11   Substandard residential lots.
   1258.12   Recreational vehicles/equipment.
   1258.13   Use of gravel, pebbles, etc., prohibited.
   1258.14   Solar energy facilities.
   1258.15   Portable storage containers.
   1258.16   Parking of commercial motor vehicles.
   1258.17   Play Structures.
   1258.18   Compliance.
   CROSS REFERENCES
   Pending applications for building permits - see P. & Z. 1248.07
1258.01 INTENT.
   (a)   Residential districts and their regulations are established in order to achieve, among others, the following purposes:
      (1)   To regulate the bulk and location of building in relation to the land in order to obtain proper light, air, privacy and usable open spaces on each zoning lot appropriate for the district;
      (2)   To regulate the density and distribution of population in accordance with the objectives of the residential plan to avoid congestion and to maintain adequate services;
      (3)   To provide protection from noxious fumes, odors, dust, excessive noise, invasion of abnormal vehicular traffic and other objectionable influences; and,
      (4)   To protect the desirable characteristics of existing residential development, the promotion of stability, the most desirable and beneficial use of the land and bringing about the eventual conformity with the adopted or officially accepted plans of the City.
(Ord. 2010-059. Passed 3-7-11.)
1258.02 USE REGULATIONS FOR SINGLE & TWO-FAMILY RESIDENCE DISTRICTS.
   Buildings and land shall be used and buildings shall be designed, erected, and altered, moved, or maintained in a Single or Two Family Residence District only for the uses set forth in Schedule 1258.02.
   (a)   Uses Permitted By Right. A use listed in Schedule 1258.02 shall be permitted by right as a principal use in a district when denoted by the letter “P” provided that all requirements of other City ordinances and this Zoning Code have been met;
   (b)   Conditional Uses. A use listed in Schedule 1258.02 shall be permitted as a conditional use in a district when denoted by the letter “C”, provided the Planning Commission first makes the determination that the requirements of Chapter 1287 have been met according to the procedures set forth in Chapter 1241.
   (c)   Accessory Uses. A use listed in Schedule 1258.02 shall be permitted as an accessory use in a district when denoted by the letter “A” provided that the requirements of all other City ordinances and this Zoning Code have been met.
   (d)   Schedule 1258.02 Permitted Uses for Single and Two-Family Residence Districts.
Schedule 1258.02
Permitted Uses for One and Two-Family Residence Districts
R-1
R-2
R-3
R-4
Single-Family Residence District
Single-Family Residence District
Single-Family Residence District
Two-Family Residence District
(1)   Residential
   A.   One-family dwelling, detached
P
P
P
P
   B.   Two-family dwelling
P(c)
   C.   Family day care home for 1-6 children (Type B)
P
P
P
P
(2)   Group Residential
   A.   Adult care facility for 3-5 persons (Adult family home)
P
P
P
P
   B.   Adult care facility for 6-16 persons (Adult group home)
C
C
C
C
   C.   Residential facility for 5 or fewer persons (Foster family home)
P
P
P
P
   D.   Residential facility for 6-8 persons (Family home)
P
P
P
P
   E.   Residential facility for 9-16 persons (Group home)
C
C
C
C
(3)   Other uses
   A.   Public service facility
C
C
C
C
(4)   Accessory uses
   A.   Detached accessory buildings, including garages(a)
A
A
A
A
   B.   Fences, walls(d)
A
A
A
A
   C.   Home occupation(b)
A
A
A
A
   D.   Other accessory structures
A
A
A
A
   E.   Private swimming pools(e)
A
A
A
A
 
 
Notes to Schedule 1258.02:
(a)   See Section 1258.03, Accessory Buildings in Residence Districts.
(b)   As further regulated by Section 1258.04, Home Offices.
(c)   Units shall only be constructed side-by-side. One dwelling unit on top of another dwelling unit shall be prohibited.
(d)   As further regulated by Section 1258.08(b), Fences.
(e)   As further regulated by Chapter 1294, Swimming Pools.
P = Use permitted by right; C = Conditional use; A = Accessory use; Blank cell = Use not permitted in district
 
(Ord. 2010-059. Passed 3-7-11.)
1258.03 ACCESSORY BUILDINGS IN RESIDENCE DISTRICTS.
   (a)   In addition to one (1) private, detached garage, a second accessory storage or utility building may be erected in a rear yard, and it shall not be larger than one hundred eighty (180) square feet. Excepting gazebos, an accessory building shall not exceed eleven (11) feet in height unless a greater height is authorized by the Board of Zoning and Building Appeals. Such building shall be at least six (6) feet from all lot lines of adjoining lots which are in any “R” District and at least six (6) feet from alley lines and from any other building or structure on the same lot. On a corner lot abutting in the rear either directly or across an alley, the side lot line of another lot in an “R” District, any accessory building within twenty-five (25) feet of the rear lot line shall be distant from the side street lot line not less than one-half (1/2) the required front setback on the side street.
   (b)   An accessory building may be erected as an integral part of the principal building or, if it is at least ten (10) feet from the same, may be connected thereto by a breezeway or similar structure, provided that all setback and court requirements of this Zoning Code for a principal building are complied with.
   (c)   In all “R” Districts, the minimum setbacks for private, detached garages shall be the setbacks required of the principal structure.
   (d)   The maximum height for a gazebo shall be twelve and a half (12-1/2) feet from its base to the highest point of its roof and shall be measured from the average adjacent ground elevation or from the floor of the deck upon which it is built.
(Ord. 2010-059. Passed 3-7-11.)
1258.04 HOME OFFICES.
   (a)   The purpose of this section is to set forth regulations, which control the establishment and operation of home occupations. The intent of these regulations is to control the nonresidential use of a residential dwelling unit so that the nonresidential use is limited to an accessory use and shall not in any way adversely affect the uses permitted in the residential district of which they are a part. Compliance with these regulations should result in all home occupations being located and conducted in such a manner that their existence is not detectable in any manner from the outside of the dwelling unit.
   (b)   A home occupation is permitted in residential districts as an accessory use provided:
      (1)   No wholesale or retail business shall be permitted unless it is conducted entirely by mail, telephone, or electronically and does not involve the receipt, delivery, or sale of merchandise on or from the premises;
      (2)   The residential character of the dwelling exterior and lot shall not be changed;
      (3)   No equipment or process shall be permitted or used in such home occupation that creates a nuisance by reason of generating any noise, vibration, glare, fumes, odors, electrical interference or which is determined unsafe;
      (4)   No window displays or signs shall be used to advertise any activity;
      (5)   The home occupation space including storage shall not exceed fifteen percent (15%) of the dwelling unit floor area;
      (6)   The home occupation shall be conducted only by occupants of the dwelling unit;
      (7)   There shall be no outside storage of materials, goods, supplies, equipment, or other apparatus related to the operation of a home occupation;
      (8)   The business activity, including the storage of equipment, supplies or any apparatus used in the home occupation shall be conducted entirely within the principal dwelling unit and no use of a private garage or an accessory building shall be permitted, except that storage of equipment and supplies may be conducted in a private garage to the extent that at all times the number of vehicles for which the private garage was designed to accommodate shall be able to be parked in such garage;
      (9)   The number of automobiles, trucks and other motor vehicles attracted to the premise shall not be greater than that which is normally associated with the residential use including normal fluctuations in the level of residential activities. Client and customer traffic shall be limited to the hours between 8:00 a.m. and 8:00 p.m.; and,
      (10)   Delivery vehicles used to deliver goods to the home occupation shall be limited to passenger vehicles, mail carriers, and express carriers, such as UPS and Federal Express. Deliveries shall only be permitted between 8:00 a.m. and 8:00 p.m.
(Ord. 2010-059. Passed 3-7-11.)
1258.05 STREET ACCESS REQUIRED.
   (a)   Every lot shall abut on a street or shall have an exclusive, unobstructed private easement of access or right-of-way at least fifty (50) feet in width to a public street for one (1) one-family detached dwelling and at least fifty (50) feet in width for two (2) or more one, two-family or multi-family dwellings, except as noted in the R-6 Multiple Residence District.
(Ord. 2010-059. Passed 3-7-11.)
1258.06 SETBACKS; REDUCTION OR USE BY ANOTHER BUILDING.
   (a)   No lot, yard, setback, court, parking area or other space shall be so reduced in area or dimensions as to make any such area or dimensions less than the minimum required by this Zoning Code; if already less than the minimum required, it shall not be further reduced. No required open space or setback provided about any building or structure shall be included as a part of any open space or setback required for another building or structure.
(Ord. 2010-059. Passed 3-7-11.)
1258.07 YARD AND SETBACK REQUIREMENTS.
   (a)   Double Frontage Lots. Buildings on lots having frontage on two (2) non-intersecting streets need not have a rear yard, if any equivalent open space is provided on the lot. However, the applicable front setback shall be provided on both streets.
   (b)   Yards Abutting Alleys. In computing the depth of a rear setback or the width of a side setback, where the rear or side yard abuts an alley, one-half (1/2) of the width of the alley may be included as a portion of the required rear or side setback, as the case may be provided that no building, where a side or rear setback is required, shall be closer than three (3) feet to a side alley lot line or ten (10) feet to a rear alley lot line.
   (c)   Front Setback Modifications. In any single-family “R” District, where the average depth of at least two (2) existing front setbacks on lots immediately adjoining (or, if not immediately adjoining, within one hundred (100) feet of the lot in question and within the same block-front) is less or greater than the minimum front setback prescribed elsewhere in this Zoning Code, the required setback of such lot shall be modified. In such case, the setback shall not be less than the average depth of such existing front setbacks on the two (2) lots immediately adjoining (or, if not immediately adjoining, within one hundred (100) feet or, in the case of a corner lot, the depth of the front setback on the lot immediately adjoining) provided, however, that the front setback on any lot shall be at least thirty-five (35) feet and need not exceed one hundred (100) feet.
   (d)   Side Setback Modifications.
      (1)   Side setback may be varied where the side wall of a building is not parallel with the side lot line or is broken or otherwise irregular. In such a case, the average width of the side setback shall not be less than the otherwise required minimum side setback, provided, however, that such side setback shall not be narrower at any point than one-half (1/2) the otherwise required minimum side setback or narrower than ten (10) feet in any case.
      (2)   Side setbacks may be reduced by three (3) inches from the otherwise required minimum of each side setback for each foot by which a lot of record on March 1, 1961, is narrower than the lot width specified for the district in which the lot is located, where the building to be erected thereon is not higher than one and one-half (1-1/2) stories, provided, however, that no side setback shall be less than ten (10) feet in any “R” District, except as noted for “R-6" Multiple Residence District.
   (e)   Rear Setback Modifications. Rear setbacks in an “R” District may be reduced by six (6) inches from the required minimum for each foot by which a lot, on March 1, 1961, was less than one hundred fifty (150) feet deep in an R-1 Residence District and one hundred twenty (120) feet deep in an R-2 or R-3 Residence District (as of March 1, 1961), provided, however, that no rear setback shall be less than forty (40) feet in depth.
(Ord. 2010-059. Passed 3-7-11.)
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