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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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1284.01 INTENT.
   (a)   Off-street parking regulations are established in order to achieve, among other things, the following purposes:
      (1)   To protect adjoining residential neighborhoods from excessive non-residential on-street parking;
      (2)   To relieve congestion so that streets can be fully utilized for the movement of vehicular traffic;
      (3)   To promote the general convenience, safety, welfare and prosperity of commercial developments;
      (4)   To lessen vehicular movement in the vicinity of intensive pedestrian traffic to promote safety and convenience;
      (5)   To provide regulations and standards for the development of accessory off-street parking facilities in accordance with the policies and objectives of the City of Fairlawn;
      (6)   To provide off-street parking and stacking facilities in proportion to the need created by each use; and,
      (7)   To provide for accommodation of vehicles in a functionally and aesthetically satisfactory manner and to minimize external effects on adjacent land uses.
(Ord. 2010-059. Passed 3-7-11; Ord. 2020-021A. Passed 6-15-20.)
1284.02 PARKING FACILITIES REQUIRED.
   (a)   Off-street parking facilities shall be provided as a condition precedent to the occupancy or use of any building, structure, or land. Every business in a Business (B) District shall provide driveway and parking space sufficient in area and design to assure that all parking, stopping or temporary storage of vehicles generated by such business will be confined within the lot lines of the premises, except as provided for in this chapter. Facilities shall be provided for the entire building or use in accordance with the regulations contained in this chapter whenever:
      (1)   A building is constructed or a new use is established;
      (2)   An existing building is altered and/or there is an increase in the number of dwelling units, seating capacity, the floor area of a building, or employees; or
      (3)   The use of an existing building is changed to a use that requires more off-street parking.
(Ord. 2010-059. Passed 3-7-11; Ord. 2020-021A. Passed 6-15-20.)
1284.03 UNITS OF MEASURE.
   (a)   In computing the number of parking spaces required by this Code, the following criteria shall apply.
      (1)   Floor Area. Where floor area is designated as the standard for determining parking space requirements, floor area shall be the sum of the gross horizontal area of all the floors measured from the exterior faces of the building, unless specifically noted otherwise.
      (2)   Seats. Where seating capacity is the standard for determining parking space requirements, the capacity shall mean the number of seating units installed or indicated, or one (1) seat for each twenty-four (24) lineal inches of benches or pews, or when fixed seats are not indicated, the capacity shall be determined as specified in the Ohio Building Code.
      (3)   Employees. Where the number of employees are the standard for determining parking space requirements, the number of employees shall mean the sum of the maximum number of employees on any two (2) successive shifts.
      (4)   Fractional Numbers. Where the computation results in a fractional unit, fractional numbers shall be increased to the next whole number.
      (5)   Parking for Mixed Uses. The parking spaces required for mixed uses shall be the sum of the parking required for each use considered separately, except as otherwise provided for in this chapter.
      (6)   Parking Requirements for Uses Not Specified. For specific buildings or uses not listed in Schedule 1284.04 , the Planning Commission shall apply the unit of measurement set forth in the below schedule which is deemed to be most similar to the proposed building use.
(Ord. 2010-059. Passed 3-7-11; Ord. 2020-021A. Passed 6-15-20.)
1284.04 OFF-STREET PARKING STANDARDS.
   (a)   The number of off-street parking spaces for each facility or use shall be determined by application of the standards set forth in Schedule 1284.04, except as otherwise provided for in this Zoning Code.
Schedule 1284.04 Required off-Street Parking Spaces
Schedule 1284.04 Required off-Street Parking Spaces
Community/Educational Facilities
Minimum Parking Requirement(a)(c)
1.   Place of worship, including convents and monasteries
One (1) space for every six (6) seats in the portion of the building to be used for assembly use plus one (1) space for every three hundred (300) square feet of a multipurpose room in a place of worship
2.   College, universities
One (1) space per three hundred (300) square feet of floor area
3.   Library, cultural institution or similar use
One (1) space per three hundred (300) square feet of floor area
4.   Kindergarten, child or adult day care center
Two (2) spaces per classroom but not less than six (6) spaces for the building
5.   Elementary and junior high schools
Two (2) spaces per class room plus one (1) space for every four (4) seats in the largest auditorium or assembly room
6.   High School
One (1) space for every teacher, employee and administrator, plus one (1) space per seven (7) students, plus one (1) space for every four (4) seats in the largest auditorium or sports arena
7.   School, specialty/personal instruction
One (1) space for every instructor, employee and administrator, plus one (1) space for every two (2) students
8.   Municipal buildings
One (1) space per three hundred (300) square feet of floor area
Residential Uses
1.   One-family detached dwelling
One (1) enclosed space per dwelling unit plus two (2) open spaces
2.   Two-family dwelling
One (1) enclosed space per each dwelling unit plus two (2) open spaces
3.   Three-family dwelling
One (1) enclosed space per each dwelling unit plus one (1) open space per each dwelling unit
4.   One-family attached dwelling; cluster one-family detached dwelling
Two (2) spaces per dwelling unit at least one (1) enclosed in a garage, plus guest parking at the rate of one (1) space for every four (4) dwelling units
5.   Multi-family dwelling
Two (2) spaces for each dwelling unit, plus guest parking at the rate of one (1) additional space for each four (4) units
6.   Residential Uses in the R-6 District
See Chapter 1270
 
Schedule 1284.04 Required off-Street Parking Spaces
Schedule 1284.04 Required off-Street Parking Spaces
Community/Educational Facilities
Minimum Parking Requirement(a)(c)
1.   Adult care facility and residential facility
One (1) space per two (2) beds
2.   Congregate care facility/Nursing home
One (1) space per two (2) beds
Office, Professional Services
1.   Office, administrative/business/ professional (excluding medical and dental)
One (1) space for every three hundred (300) square feet of floor area
2.   Banks, financial institutions
One (1) space for every three hundred (300) square feet of floor area
3.   Medical/dental/health services and/or clinics, including urgent care clinic
Four (4) spaces per one thousand (1,000) square feet of floor area
4.   Hospital
One (1) space for every two (2) beds, plus one (1) space for every three (3) employees
5.   Laboratories - research and testing
One (1) space per four hundred (400) square feet of floor area
Retail/Personal Uses
1.   Retail Business or personal service establishment (except as otherwise specified below)
One (1) space for every two hundred fifty (250) square feet of floor area
2.   Hotels and Motels
One (1) space for each guest sleeping room plus one (1) space for every two (2) employees
3.   Restaurants
 
- Restaurant (including bars/taverns) -Sit-down and counter service
- Ten (10) spaces per one thousand (1,000) square feet of floor area plus one (1) space for each delivery vehicle
4.   Funeral Homes, Mortuaries
One (1) space for each fifty (50) square feet of floor area of sitting or service rooms, plus one (1) space for each vehicle maintained on the premises
5.   Beauty salons and barber shops
Two (2) spaces per beauty or barber chair
 
Schedule 1284.04 Required off-Street Parking Spaces
Schedule 1284.04 Required off-Street Parking Spaces
Retail/Personal Uses
Minimum Parking Requirement(a)(c)
6.   Kennel
One (1) space per one thousand (1,000) square feet of floor area
7.   Nightclub
One (1) space per three (3) seats, plus one (1) space for every two (2) employees
Automotive Uses
1.   Vehicle repair garages; service stations with or without convenience store
Two (2) spaces for each service bay, plus one (1) space for every employee, but never less than five (5) spaces
2.   Car washes
Two (2) spaces per wash bay
3.   Automobile sales and service
One (1) space for each four hundred (400) square feet of floor area of sales room plus one (1) space for each auto service stall in the service room and one (1) space per employee
4.   Gasoline station/pumps
Two (2) spaces per pump + other use requirements
Entertainment-Recreation
1.   Theaters, sports facility
One (1) space for each four (4) seats
2.   Places of assembly including auditoriums, assembly halls, conference centers, membership clubs, community recreation facilities
One (1) space for every six (6) seats
3.   Commercial recreation, indoor
Four (4) spaces per one thousand (1,000) square feet of floor area
4.   Commercial recreation, outdoor
One (1) space per one thousand (1,000) square feet of recreation area
5.   Health club
One (1) space per two hundred fifty (250) square feet of exercise area, including locker and equipment rooms
6.   Golf course (nine (9) holes or more)
Eight (8) spaces per green
7.   Swimming pools, public or private (not associated with residences)
One (1) space for every five (5) persons, based on pool capacity
8.   Municipal Park Buildings
Based on use requirements within the building
9.   Parks, recreational fields/playground
Five (5) spaces per acre + other use requirements
10.   Bowling alleys
Three (3) spaces for every lane in the building
 
 
(a)   A minimum of five (5) spaces is required for each facility other than a one (1)-family detached, one (1)-family attached, two (2) or three (3)-family dwelling.
(b)   For the purposes of this Section, a shopping center shall include one (1) or more multi-tenant building(s) and/or group of buildings where the required parking spaces are provided in a shared parking lot.
(c)   Buildings having flexible floor arrangements for various business and ancillary uses, which will not be used for assembly (auditorium), shall be treated Office, administrative/business/ professional for calculating parking requirements.
 
   (b)   Parking Requirement Reductions. The Planning Commission may approve a site plan with fewer parking spaces than required by Schedule 1284.04 according to the findings of a parking assessment when submitted according to the regulations of this subsection.
      (1)   A parking assessment shall be submitted with the site plan for all proposed uses according to the site plan review procedures set forth in Chapter 1240.
      (2)   The goal of this parking assessment is to document the applicant's request to provide fewer parking spaces than required in Section 1284.04. In reviewing the parking assessment, the Planning Commission may approve a fewer number of parking spaces, provided that the parking proposed shall satisfy the parking demands of the use without placing excess burden on other available parking facilities or in surrounding areas of the City.
      (3)   The parking assessment shall include a description of the use and its anticipated relationship to, and impact on the surrounding community. At a minimum, the assessment shall include the following:
         A.   The nature of the proposed uses, activities and events that will be accommodated.
         B.   The maximum design capacity of the facility.
         C.   The anticipated pattern of use, including peak hours.
         D.   The estimated traffic generation and parking demand, including the estimated number of parking spaces required at peak capacity.
         E.   The number of parking spaces required according to Schedule 1284.04 compared to the number of spaces proposed.
         F.   How the available spaces meet the needs of the proposed use.
         G.   Suggested parking management solutions to address any anticipated discrepancy between the number of parking spaces available and anticipated parking demand.
(Ord. 2010-059. Passed 3-7-11; Ord. 2018-003. Passed 2-20-18; Ord. 2020-021A. Passed 6-15-20.)
1284.05 PARKING SPACES FOR PERSONS WITH DISABILITIES.
   (a)   In accordance with the Americans with Disabilities Act (ADA) as amended, all new construction and alterations to places of public accommodation and commercial facilities shall provide parking spaces that are designed and constructed to be readily accessible to persons with disabilities.
(Ord. 2010-059. Passed 3-7-11; Ord. 2020-021A. Passed 6-15-20.)
1284.051   ELECTRIC VEHICLE CHARGING EQUIPMENT.
   (a)   The intent of this section is to facilitate and encourage the use of electric vehicles, to expedite the establishment of an effective electric vehicle infrastructure and establish minimum requirements for such infrastructure.
   (b)   Definitions.
      (1)   Accessible electric vehicle charging station means an electric vehicle charging station where the battery charging station is located within accessible reach of a barrier-free access aisle and the electric vehicle.
      (2)   Battery charging station means an electrical component, assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles.
      (3)   Battery electric vehicle means any vehicle that operates exclusively on electrical energy from an off-board source that is stored in the vehicle's batteries and produces zero (0) tailpipe emissions or pollution when stationary or operating.
      (4)   Charging levels means the standardized indicators of electrical force, or voltage, at which an electric vehicle's battery is recharged. The terms 1, 2, and DC are the most common charging levels, and include the following specifications:
         A.   Level 1 is considered slow charging with 120v outlets.
         B.   Level 2 is considered medium charging with 240v outlets, charging head and cord hard-wired to the circuit.
         C.   DC is considered fast or rapid charging. Voltage is greater than two hundred forty (240).
      (5)   Electric vehicle means a vehicle that operates, either partially or exclusively, on electrical energy from the electrical grid, or an off-grid source, that is stored on board for motive purposes. "Electric vehicle" includes:
         A.   Battery electric vehicle.
         B.   Plug-in hybrid electric vehicle.
      (6)   Electric vehicle charging stations (EVCS) means a public or private parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle.
      (7)   Electric vehicle supply equipment (EVSE) means any equipment or electrical component used in charging electric vehicles at a specific location. EVSE does not include equipment located in or on the electric vehicles themselves.
      (8)   Electric vehicle infrastructure means conduit/wiring, structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations and rapid charging stations.
      (9)   Electric vehicle parking space means any marked parking space that identifies the use to be exclusively for the parking of an electric vehicle.
      (10)   Electrical capacity shall mean, at minimum:
         A.   Panel capacity to accommodate a dedicated branch circuit and service capacity to install a 208/240V outlet per charger;
         B.   Conduit from an electric panel to future EVCS location(s).
      (11)   Plug-in hybrid electric vehicle means an electric vehicle that:
         A.   Contains an internal combustion engine and allows power to be delivered to drive wheels by an electric motor;
         B.   Charges its battery primarily by connecting to the grid or other off-board electrical source;
         C.   May additionally be able to sustain battery charge using an on-board internal-combustion-driven generator; and
         D.   Has the ability to travel powered by electricity.
   (c)   Number of Required Electric Vehicle Charging Stations.
      (1)   All new or reconstructed parking structures or lots with fourteen (14) or fewer parking spaces shall be allowed, but not required, to install EVSE.
      (2)   All new or reconstructed parking structures or lots with at least fifteen (15) but no more than forty-nine (49) parking spaces, or expanded parking structures or lots that result in a parking lot with fifteen (15) to forty-nine (49) parking spaces, shall install EVSE as required below.
         A.   Multiple-family residential land uses shall have at least one (1) or five percent (5%) of required parking as Level 2 stations or better for resident parking (whichever is greater, and rounding up to the next whole number when there is a fraction).
         B.   Non-residential and mixed-use land uses with parking spaces available for use by the general public shall have at least one Level 2 station or better.
      (3)   All new or reconstructed parking structures or lots with at least fifty (50) parking spaces or expanded parking structures or lots that result in a parking lot with fifty (50) or more parking spaces, shall install EVSE as required below.
         A.   Multiple-family residential land uses shall have at least one (1) or five percent (5%) of required parking as Level 2 stations or better for resident parking (whichever is greater, and rounding up to the next whole number when there is a fraction), and one DC station for guest parking.
         B.   Non-residential and mixed-use land uses with parking spaces available for use by the general public shall have at least two percent (2%) of required parking as Level 2 stations with a minimum of two (2) spaces served by Level 2 charging, with at least one (1) station adjacent to a handicapped accessible parking space. In non-residential zoned districts, DC charging stations may be installed to satisfy the EVCS requirements described above on a one-for-one basis.
   (d)   Reductions to EVSE Requirements. When the cost of installing EVSE required by this chapter would exceed five percent (5%) of the total project cost, the property owner or applicant may request a reduction in the EVSE requirements. The applicant should submit cost estimates or other relevant documentation for Planning Commission consideration. Relief may be granted in the sole discretion of Planning Commission where the project is under consideration by them.
   (e)   Permitted Locations.
      (1)   Level 1 and Level 2 EVCSs are permitted in every zoning district, when accessory to the primary permitted use. Such stations located at single-family, two-family, and multiple family shall be designated as private restricted use only.
      (2)   DC EVCSs are permitted in the non-residential districts, when accessory to the primary permitted use.
      (3)   If the primary use of the parcel is the retail electric charging of vehicles, then the use shall be considered an automobile service station for zoning purposes. Installation shall be located in zoning districts which permit automobile service stations.
   (f)   General Requirements for Multi-Family Residential and Non-Residential Development Parking.
      (1)   Accessible Spaces. A charging station will be considered accessible if it is located adjacent to, and can serve, an accessible parking space as defined and required by the American with Disabilities Act (ADA). It is not necessary to designate the EVCS exclusively for the use of vehicles parked in the accessible space.
      (2)   Public use EVSE shall be subject to the following requirements:
         A.   The EVSEs shall be located in a manner that will be easily seen by the public for informational and security purposes.
         B.   The EVSE must be operational during the normal business hours of the use(s) that it serves. The EVSE may be de-energized or otherwise restricted after normal business hours of the use(s) it serves.
      (3)   Equipment Design Standards.
         A.   Battery charging station outlets and connector devices shall be mounted to comply with state code and must comply with all relevant Americans with Disabilities Act requirements. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designed and located as to not impede pedestrian travel or create trip hazards on sidewalks.
         B.   Electric vehicle charging devices may be located adjacent to designated parking spaces in a garage or parking lot as long as the devices do not encroach into the required dimensions of the parking space (length, width, and height clearances).
         C.   The design should be appropriate to the location and use. Facilities should be able to be readily identified by electric vehicle users and blend into the surrounding landscape/architecture for compatibility with the character and use of the site.
      (4)   Usage Fees. The property owner or manager may collect a service fee for the use of EVSE.
(Ord. 2020-021A. Passed 6-15-20.)
1284.06 LOCATION OF REQUIRED PARKING SPACES.
   (a)   In addition to specific requirements contained in each district regulation, the location of off- street parking facilities shall further be regulated according to the following provisions:
      (1)   The parking spaces required for residential buildings in a Residential District shall be located on the same zoning lot with the building or use served.
      (2)   Required guest parking in a multi-family, cluster one-family detached dwelling, or a one- family attached development, shall be equally distributed throughout the development.
      (3)   Areas Computed as Parking Spaces for Residential Uses. Areas that may be computed as open or enclosed off-street parking spaces include any private garage, carport or other area available for parking, other than a street.
      (4)   Off-street parking spaces for non-residential uses shall be located on the same lot as the structure or use unless off-site parking is provided pursuant to Section 1284.07, Allowance for Off-site Parking.
      (5)   All required off-street parking spaces shall have direct access to an aisle or driveway without the need to move any other vehicle, except as otherwise specifically permitted in this chapter.
      (6)   Parking in Designated Areas Only. Any vehicle customarily or seasonally parked on any lot shall be so parked only in parking areas specifically constructed for such purposes, and shall not be parked on tree lawns, sidewalks, lawns or other areas required by this Code to be landscaped. No parking of a vehicle shall be permitted on any portion of a lot designated as an accessory structure such as a patio, porch, or deck.
(Ord. 2010-059. Passed 3-7-11; Ord. 2020-021A. Passed 6-15-20.)
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