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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 1270
R-6 Planned Multiple Dwelling Residence District
   1270.01   Intent.
   1270.02   R-6 Use regulations; compliance required.
   1270.03   Preliminary site plan.
   1270.04   Final site plan.
   1270.05   Requirements and standards.
   1270.06   Setback and height requirements.
   1270.07   Access, vehicular circulation and parking.
   1270.08   Authority of Zoning Administrator.
   1270.09   Surety bond required.
   1270.10   Compliance.
   1270.11   Prohibited uses.
   CROSS REFERENCES
   Provisions applicable to all “R” Districts - see P. & Z. Ch. 1258
   Accessory buildings in Residence Districts - see P. & Z. 1258.03
   Yard requirements and projections in Residence Districts - see P. & Z. 1258.07, 1258.08
   Fences, walls and hedges in Residence Districts - see P. & Z. 1258.08 
   Off-street parking and loading - see P. & Z. Ch. 1284
   Security lights required - see B. & H. Ch. 1478
1270.01 INTENT.
   (a)   In order to encourage greater attractiveness, flexibility and utilization of space and to obtain a more desirable environment than may be possible through the strict application of minimum requirements of individual districts, the R-6 Planned Multiple Dwelling Residential District allows for the development, singularly or in combination, of one-family detached or attached housing, (e.g., townhouses, groups, clusters, or zero-lot line development), in accordance with the regulations of this section on land zoned R-6, in order to permit the flexible spacing of lots and buildings and to encourage:
      (1)   The creation of functional and compatible residential areas;
      (2)   The provision of readily available recreation areas and expanded open spaces;
      (3)   The conservation of open space, the natural site amenities and the landscape; and,
      (4)   The safe separation of pedestrian and vehicular circulation.
(Ord. 2010-059. Passed 3-7-11.)
1270.02 R-6 USE REGULATIONS; COMPLIANCE REQUIRED.
   (a)   No building or premises in a planned Multiple Dwelling Residence District shall be erected which is intended, arranged or designed to be used except as provided and regulated in this chapter.
   (b)   The R-6 Planned Multiple Dwelling Residential District permits, singularly or in combination, one-family detached or attached housing (e.g., townhouses, groups, clusters, or zero-lot line development).
   (c)   The development proposed shall meet all applicable subdivision regulations of the City of Fairlawn.
   (d)   The developer shall form a Homeowners Association or Condominium Association for the proposed development, to ensure maintenance of common areas and open space in conformance with Section 1272.09, Homeowners Associations.
(Ord. 2010-059. Passed 3-7-11.)
1270.03 PRELIMINARY SITE PLAN.
   (a)   The owner or developer of a proposed development in a Planned Multiple Dwelling Residence District shall submit a preliminary site plan to the Planning Commission who shall review and act on such preliminary site plan in accordance with the procedures in Chapter 1240. The preliminary site plan shall consist of the items in subsection 1240.06(a) and the following:
      (1)   A site plan - indicating layout of all sublots and structures, easements and private access drives;
      (2)   Elevation drawings;
      (3)   Planned provisions for storm drainage, sanitary sewers, utility services and facilities - on a copy of the site plan;
      (4)   Areawide traffic patterns, showing the proposed streets and drives and their relation to adjacent streets and arteries;
      (5)   A concept landscape plan - showing overall concepts for street trees, screening, buffering with material types (deciduous or evergreen) and a more detailed concept landscape plan for all types of structures proposed;
      (6)   A construction progress and completion plan.
   (b)   The developer shall deposit cash or security bonds with the Director of Finance for the sum of one hundred dollars ($100.00) per unit but not less than five thousand dollars ($5,000.00) to be used for the necessary planning and consulting services at the time of submission of the preliminary site plan to the Planning Commission. Any unused portion of these funds on deposit shall be returned to the developer upon completion of the project together with documentation of how consulting monies were used. The Planning Commission shall have the authority, in its description, to require the developer to pay additional sums, for, but not limited to, consultation, engineering review, testing and inspections, should the initial sum be insufficient.
   (c)   The Planning Commission, upon submission of such preliminary site plan, shall investigate and ascertain that such site plan is consistent with the criteria for evaluating preliminary site plans in Section 1240.07 as well as the following:
      (1)   The preliminary site plan protects the health, safety, morals, welfare and property value of adjoining property and districts by observance of the restrictions of such adjoining areas;
      (2)   Proposed drainage, sewage, utility and service facilities are of a size that will not overtax the capacities of present facilities;
      (3)   The proposed traffic pattern will not cause congestion in the neighboring streets or area arterial traffic routes or that traffic noise or lights will not create a nuisance to existing or proposed development;
      (4)   For existing developments, any conditions of approval, which may have been required at the time the development was originally or subsequently reviewed and approved, shall be considered.
(Ord. 2010-059. Passed 3-7-11.)
1270.04 FINAL SITE PLAN.
   (a)   Upon approval of the preliminary site plan by the Planning Commission, the proponent shall prepare and submit a final site plan which shall incorporate the changes and modifications requested by the Planning Commission. The number of copies to be submitted shall be determined by the Zoning Administrator.
   (b)   For existing developments, the Planning Commission, when reviewing the final site plan, shall consider any conditions of approval which may have been required at the time the development was originally or subsequently reviewed and approved.
   (c)   Such final site plan shall be prepared and reviewed in accordance with Chapter 1240, Site Plan Review Procedures. Amendments to approved final site plans shall be considered according to the procedures for modifying approved site plans in Section 1240.12(c), Modifications after Approval.
(Ord. 2010-059. Passed 3-7-11.)
1270.05 REQUIREMENTS AND STANDARDS.
   (a)   The minimum site area for a Planned Multiple Dwelling Residence Development shall be ten (10) acres. The Planning Commission may however allow areas as small as four (4) acres if it determines that the intent of this district can be adequately met.
   (b)   The minimum main floor area of any dwelling unit shall be as follows:
      (1)   One-family detached dwelling - one thousand five hundred (1,500) square feet.
      (2)   One-family attached dwelling - eight hundred fifty (850) square feet.
   (c)   Where no basements are provided, an additional utility room space shall be added to (b) above for each unit, as follows:
      (1)   One-family detached dwelling - one hundred fifty (150) square feet.
      (2)   One-family attached dwelling - seventy-five (75) square feet.
   (d)   Maximum development density. The residential density of the entire development area shall not exceed six (6) dwelling units per total (gross) acre.
   (e)   Composition. On development parcels of ten (10) acres or more, each development should exhibit a blend of various housing types, attached and detached. The composition of unit types on parcels under ten (10) acres, shall be as determined by the Planning Commission when reviewing the preliminary site plan.
   (f)   Required Open Space. In any R-6 District, the total open space area shall be not less than twenty (20%) percent of the gross acreage of the entire development area.
   (g)   Building Arrangement. The design criteria set forth in this section are intended to provide considerable latitude and freedom to encourage variety in the arrangement of the bulk and shape of buildings, open space and landscape features. The dwelling units may be arranged in various groups, courts, or sequences with open spaces organized and related to dwellings so as to provide privacy as well as usefulness, and to provide a unified composition of buildings and space. Although latitude in design is provided and encouraged, the following minimum design conditions shall be met.
      (1)   Where one-family detached dwellings are used - not more than eight (8) single family dwellings may be contiguous in a group or cluster. Groups shall be separated by open space.
      (2)   Lot Requirements. Dwelling units are not required to be on lots. However, when lots for standard detached one-family dwellings or subdivision lots for cluster one-family detached dwellings are included, such lots or sub lots shall be of sufficient size and shape to accommodate dwelling units in compliance with the requirements of this Chapter.
(Ord. 2010-059. Passed 3-7-11.)
1270.06 SETBACK AND HEIGHT REQUIREMENTS.
   (a)   Front Setbacks. Where clusters of attached or detached dwellings are used, buildings shall be set back not less than twenty-five (25) feet from any open space area; and not less than forty (40) feet from any street.
   (b)   Rear Setbacks. Not less than twenty-five (25) feet.
   (c)   Minimum Yard Area. One-family detached dwellings shall have a minimum yard area of nine thousand (9,000) square feet, with a forty (40) foot minimum setback from any street.
   (d)   Separation. Separation of clusters of attached one-family dwellings shall be determined by the Planning Commission when reviewing the preliminary site plan, but in no case shall they be closer than sixty (60) feet. No less than twenty (20) feet separation shall be provided between detached dwellings in a cluster, and between dwellings and detached garages.
   (e)   Side Setback. The minimum side setback for one-family detached dwellings shall be eight (8) feet with a total side setback requirement of not less than eighteen (18) feet.
   (f)   Adjacent Garages. In a group or cluster development, two (2) adjacent garages may be attached to a common party wall at the lot line.
   (g)   Height. The height of any dwelling in a R-6 District shall not exceed two and one-half (2-1/2) stories. The Planning Commission, when reviewing the preliminary site plan, may allow a height of three (3) stories where topographic conditions warrant it.
(Ord. 2010-059. Passed 3-7-11.)
1270.07 ACCESS, VEHICULAR CIRCULATION AND PARKING.
   (a)   Each group within an R-6 group or cluster development shall have direct access to a dedicated street. However, individual dwelling units within the group need not so abut, provided that:
      (1)   Each dwelling unit is accessible on a fifty (50) foot wide unobstructed private easement for access, right-of-way or utilities, by means of a private access drive, for service and emergency vehicles in a manner acceptable to the City Engineer and Fire Chief.
      (2)   The method of construction, and construction materials, City of Fairlawn standards, and plans are approved by the City Engineer.
      (3)   The location, design and construction of all utilities on private or common land is approved by the City Engineer, and easements provided to the City as required.
      (4)   The preservation and maintenance of all private drives and utilities on private land is assured by compliance with the requirements of Ohio R.C. Chapter 5311, a Declaration of Condominium Ownership, and compliance with Section 1272.09 when applicable, including drawings and by-laws, as approved by the Law Director.
      (5)   If the conditions set forth in subsections (1) through (4) hereof cannot be met, then all dwelling units shall front on a dedicated right-of-way constructed in accordance with City subdivision regulations and all utilities shall utilize these rights-of-way unless other dedicated easements are provided.
      (6)   Parking. Parking shall comply with the applicable sections of Chapter 1284 Off-Street Parking and Loading, except that parking in an R-6 Development District shall include two (2) enclosed parking spaces of not less than four hundred forty (440) square feet and two (2) open parking spaces for each dwelling unit. Parking spaces shall be provided outside the dedicated street right-of-way and off private access drives.
      (7)   Guest Parking. Guest parking shall be provided on the basis of one (1) space per every two (2) dwellings in a group or cluster. Additional guest parking may be required by the Planning Commission, when reviewing the preliminary site plan, if it determines that such additional parking is necessary to adequately serve the needs of the dwellings.
      (8)   Sidewalks. A four (4) foot sidewalk shall be located on one (1) side of all streets, designed with curb ramps for the physically challenged at all street intersections.
(Ord. 2010-059. Passed 3-7-11.)
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