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Fairview Park Overview
Codified Ordinances of Fairview Park, OH
CODIFIED ORDINANCES OF THE CITY OF FAIRVIEW PARK, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 96-82
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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1113.05 ACCESSORY PARKING FACILITIES REQUIRED.
   Required off-street parking facilities, including access driveways, accessory to an existing use, and those required as accessory to a use created or a building constructed or altered hereafter, shall be continued and maintained in operation, and shall not be reduced below the requirements during the period that the main use is maintained. Failure by the owner or owners to supply such off-street parking shall cause the Building Commissioner to revoke the occupancy of a sufficient area in order to bring the facility into conformity with parking requirements.
   (a)    Whenever the use of an existing building is changed to a use requiring more parking facilities, or whenever an existing building is altered and there is an increase in seating capacity or floor area, appropriate additional parking facilities shall be provided on the same lot or on an adjacent lot under the same ownership. (Ord. 84-93. Passed 6-17-85.)
   (b)   Permitted main uses may share up to, but not more than, fifty percent (50%) of their off-street parking requirements in an adjoining General Business District A or B including adjoining parking areas which are accessory to permitted General Business “A” or “B” uses which normally have different hours of operation.
      (Ord. 95-67. Passed 10-16-95.)
   (c)    Where there is a sharing of parking facilities as permitted by subsection (b) hereof, there shall be a written agreement covering such indefinite period of time as may be required by the Planning and Design Commission whereby the owner of the land on which the facilities are to be located shall be bound by a long term lease or by a covenant filed and recorded in the Office of the County Recorder requiring such owner, his heirs, successors or assigns to make such parking facilities available to such use.
      (Ord. 93-2. Passed 4-5-93.)
1113.06 MEASUREMENT STANDARDS.
   (a)    "Accessory parking space" means an open or enclosed area (garage) directly accessible from a public street for parking of motor vehicles of owners, patrons, occupants, employees, customers or tenants of the main building or use. Each space shall be directly accessible from a drive or aisle, and shall have a minimum rectangular dimension of not less than nine feet in width and eighteen feet in length for ninety degree parking; nine feet in width and twenty-two feet in length for parallel parking; ten feet in width and eighteen feet in length for sixty degree parking and twelve feet in width and eighteen feet in length for forty-five degree parking, exclusive of all drives, aisles, ramps and other circulation areas, and determined from an accurate plan of the area.
   (b)    “Employees", wherever the parking requirement is based on employees, means the maximum number of employees on duty on the premises at one time or on any two successive shifts, whichever is the greater.
   (c)    "Seating capacity" means the number of seating units installed or indicated on plans for places for assembly; where not indicated on plans, it shall be assumed that a seating unit shall occupy six square feet of floor area exclusive of all aisles or areas used for assembly.
   (d)    Where the computation of required spaces results in a fractional unit, one additional space shall be provided.
(Ord. 93-2. Passed 4-5-93.)
1113.07 SCHEDULE.
 
 
Nature of Facility
Spaces Required
(a)    Governmental. Municipal, County State, Federal and other public assembly buildings.
1 per 4 seats of area used for public plus 1 per each 2 employees
(b)    Civic. Art galleries, libraries museums, churches, synagogues and tabernacles, club and community centers.
1 per 3 seats of seating capacity of area used for assembly plus 1 per each 2 employees
(c)    Educational. Public and private and parochial primary and secondary schools, public, private or parochial colleges or universities.
1 per 3 seats of seating capacity of area used for assembly plus 1 space per faculty and staff member
(d)    Places of Assembly. Auditoriums, lodge halls, theaters, gymnasiums, pools, stadiums.
1 per 3 seats of seating capacity of area used for public assembly
(Ord. 93-2. Passed 4-5-93.)
1113.08 ACCESSWAYS TO PARKING AREAS.
   The location and width of entrance and exit driveways to parking facilities shall be planned to interfere as little as possible with the use of nearby property and with pedestrian and vehicular traffic on adjacent streets. Whenever possible, the center line of the access driveways on the frontage street shall be at least forty feet from the right-of-way lane of the nearest intersecting street and spaces at not less than 120 feet intervals, measured from the center line of the driveways.
   Parking areas shall be designated so that vehicles can be driven forward into the street. Those of fifteen spaces or less shall have at least one single-lane driveway with a maximum of two single-lane or one two-lane driveway. Those of sixteen spaces or more shall have at least two single-lane or one two-lane driveway. Each accessway to a parking area of sixteen spaces or more shall be limited to two lanes.
   The width of driveways, measured at the setback line, shall conform to the following schedule. At no point where adjoining a public sidewalk shall the maximum widths be exceeded.
 
Lanes
Minimum (feet)
Maximum (feet)
1
10
12
2
18
24
 
   The angle of intersection between the driveway and the street shall be between sixty degrees and ninety degrees. The radius at the edge from the apron shall be at least twelve feet, twenty feet recommended, so that a motor vehicle entering or leaving may not obstruct vehicles in other traffic lanes in the driveway or in the curb lane of the street.
(Ord. 84-93. Passed 6-17-85.)
1113.09 SURFACE IMPROVEMENTS; PARKING.
   (a)    Proposed and existing parking areas and access driveways shall be improved with asphalt concrete or portland cement concrete or other impervious surface and shall be so graded and drained into proper inlets so that all water is drained within the lot on which the parking area or driveway is located in such manner that water shall not drain across other public or private property.
   (b)    Parking areas shall be so arranged and marked as to provide for orderly and safe parking and storage of vehicles in accordance with the design standards in this chapter, and shall be improved, except at entrances and exits with guard rails, curbs or other devices to define parking spaces or limits of paved areas, so as to prevent encroachment of vehicles into adjacent areas of public ways, yards or setbacks required by the Zoning Code, and so as to regulate the flow of traffic within the lot.
(Ord. 84-93. Passed 6-17-85.)
   (c)   The Planning and Design Commission may require landscape buffering or landscape screening to be provided on the parking area property to insulate the parking areas and driveways from a side or rear lot line of other property in Residential Districts or any other zoning district with an existing residence thereon. Landscape buffering may include, but shall not be limited to, evergreen trees and bushes, compact hedges, shrubs, earth berms or a combination thereof. Landscape screening shall include plant material or other nonliving durable material, including, but not limited to, walls, berms or substantially solid decorative wood fencing. Where trees and shrubs are used to provide a landscape buffer, such shall provide a year-round state of being substantially impervious to rays of light. It shall be acceptable to incorporate fencing as part of the landscape buffer where noise and lights create a need that such landscape buffer include fencing. Fencing may also be used to provide landscape screening. Wherever used, fences shall be of a decorative style and type. Walls and berms shall be used only in the most unusual cases.
   The desired buffering or screening effect shall be achieved not later than twelve months after the initial installation. The Planning and Design Commission may extend this twelve month period of time when a hardship would be created because of expected growth or material shortages, but such extension shall not be for more than two years from the time the initial installation was to have been or has been installed. All buffering and screening requirements imposed under the provisions of this subsection shall be installed and constructed before a certificate of occupancy is issued for a new building or structure. No existing building, structure or vehicular use area adjoining a Residential District or any other zoning district with an existing residence thereon shall be expanded, altered or modified until the plans are submitted by the owner or developer to the Planning and Design Commission for its determination as to whether the change adversely affects any properties in a Residential District or any other zoning district with an existing residence thereon. The Commission, after its review, shall require, where necessary, the establishment of a landscape buffering area or the installation of landscape screening, or a revision of a previously established buffered area or screening. The width and height of the landscape buffer or landscape screening shall be determined by the Planning and Design Commission provided, however, that the maximum height of fencing, whether incorporated as part of the landscape buffer or whether used as a landscape screen, which may be permitted shall be seven feet above finished grade. The owner or developer shall be responsible for the maintenance and replacement, if necessary, of the landscape buffer or landscape screening.
   Owners or developers of off-street parking areas shall be required to include a plan for buffering or screening the parking areas and driveways, including a detailed description and sketch of the landscape buffer or landscape screening which visually and verbally outlines the nature and the effect of the proposed landscape buffer or landscape screening. A certificate of occupancy shall not be granted until the buffering or screening requirements have been completed. If completion, in the case of living materials, is delayed because of the growing season, a temporary permit to occupy may be granted by the Building Commissioner. Such delay shall not extend beyond the next growing season following the date upon which the certificate of occupancy is requested. (Ord. 95-67. Passed 10-16-95.)
   (d)    The Planning and Design Commission may require landscaping of lands to break up the expanse of pavement for a parking area of twenty or more vehicles to carry out the objectives of this Zoning Code and to preserve the use and enjoyment of adjoining property.
(Ord. 84-93. Passed 6-17-85.)
1113.10 APPROVAL OF OFF-STREET PARKING FACILITIES.
   Detailed drawings of off-street parking facilities shall be submitted to the Planning and Design Commission for review and approval in accordance with all the provisions of this chapter before a building permit or certificate of occupancy may be issued. Such drawings shall show the number of spaces and locations, dimensions and descriptions of all features as set forth in this chapter. (Ord. 84-93. Passed 6-17-85.)
1113.11 ILLUMINATION OF OFF-STREET PARKING FACILITIES; ACCESSWAYS.
   Areas used to provide required off-street parking, and accessways thereto, shall be illuminated whenever deemed necessary by the Planning and Design Commission to protect the public safety. Illumination shall be reduced in intensity after the close of business of the main use or uses. Lighting fixtures shall be so designed and located as not to reflect direct rays of light upon adjoining residential properties and streets or cause a glare hazardous to pedestrians or drivers of motor vehicles on adjacent public streets, and shall be subject to the approval of the Commission. (Ord. 84-93. Passed 6-17-85.)
1113.12 SURVEY AND APPROVAL OF THE CITY ENGINEER REQUIRED.
   The City Engineer shall make a survey of the public sanitary and storm sewers to be affected by the proposed building or use set forth in the application for a building permit and shall forward his approval to the Building Commissioner prior to the issuance of a building permit.
(Ord. 95-67. Passed 10-16-95.)
1113.13 APPLICATION AND DESIGN OF PARKING AREAS.
   (a)    Application for Providing Facilities. An application for a building permit pertaining to constructing a building or parking facility or for a certificate of occupancy for a change in use of land or a building shall include a site plan drawn to scale and fully dimensioned, showing the proposed design of the parking area to be provided in accordance with the space requirement schedules that are a part of this Zoning Code.
(Ord. 84-93. Passed 6-17-85.)
   (b)    Determination of Required Parking Facilities. The minimum number of spaces required for accessory off-street parking shall be determined by applying the measurement standards in Section 1113.06 , the standards for designing parking areas in subsection (c) hereof, the schedule of accessory parking requirements for the various uses in Section 1113.07  and any other applicable provisions of this Zoning Code.
   The Planning and Design Commission may modify the parking requirements of Section 1113.07 under such terms and conditions as it determines will protect the public interest where it finds based upon the factual evidence presented that due to the nature of the particular use such requirements will not be adequate to provide sufficient parking or where the strict application of the requirements will result in an excessive amount of parking related to the particular use.
(Ord. 95-67. Passed 10-16-95.)
   (c)    Design Standards. The plan of the parking spaces of a parking area included with an application to construct a building or parking area, or change in use, shall be designed, dimensioned and the number of spaces determined in accordance with such standards for designing parking areas as may be adopted by the Planning and Zoning Commission. Design standards for enclosed parking areas and garages, shall be in accordance with other provisions of the Zoning Code.
   (d)    Handicapped parking spaces shall be provided in accordance with the provisions of the Ohio Basic Building Code.
(Ord. 84-93. Passed 6-17-85.)
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