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1977-030 OrdinanceORDINANCE NO. 19 77-30 OFFERED BY: Councilwoman McKinney AN ORDINANCE AMENDING PART 12 OF THE CODIFIED ORDINANCES OF THE CITY OF FAIRLAWN, OHIO, BY CREATING NEW ZONING · CLASSIFICATIONS KNOWN AS M-1 AND M-2 UNDER CHAPTER 1249, DECLARING NO FEES REQUIRED, SETTING USE REGUI~TIONS AND REQUIREMENTS AND CONFORMING PART 12 THERETO. WHEREAS, the City has been acquiring real. property for various municipal uses and purposes, and WHEREAS, the current zoning classification B-3 Institutional includes many other uses than municipal, and WHEREAS, interpretation of the City zoning map would be simplified by separately designating property owned or proposed to be owned and used by the City for municipal uses and purposes, and WHEREAS, City parks represent a major portion of municipal lands which deserve separate identification on said zoning map, NOW THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF FAIRLA~, OHIO' Section 1' Part 12 of Codified Ordinances of the City of Fairlawn, Ohio, is hereby amended by adding Chapter 1249 thereto, as follows' "Chapter 1249 M-1 and M-2 Municipal District 1249.01 Use Regulations 1249.05 Park Board Authorization 1249.02 Required Conditions 1249.06 Final Site Plans 1249.03 Height Regulations 1249.07 Fees ' 1249.04 Area, Width, and Yard Requirements 1249.01 USE REGULATIONS In an M-1 and M-2 Municipal District, unless otherwise provided in this Zoning Code, no building or premises shall be erected which is arranged, intended or designed to be used except for the following purposes and as regulated by applicable sections of this Zoning Code. (a) Municipal buildings except municipal park buildings and improvements shall be erected in an M-1 Municipal District. (b) Municipal park buildings and improvements shall be erected in an M-2 Municipal District. (c) Accessory uses incident to the permitted use. (d) Essential services furnished by public utilities or other governmental agencies, as are necessary for furnishing services to the community. 1249.02 REQUIRED CONDITIONS (a) No structure or premises shall be erected, occupied or used until application is made to the Planning Commission for approval of such structure or use. The Commission shall determine the conditions to be imposed on such structure or use to assure that the health, safety, and general welfare of the residents of the City and the property values of the adjoining property are preserved, including buffer zones necessary to protect surrounding property from noise, dust, artificial illumination or sound systems or disturbances and to preserve aesthetic values within the area. (b) Off-street parking shall be provided in accordance with Chapter 1274 to assure that.all parking operations are conducted within the lot lines of the premises. The Park and Recreation Board's recommendation on parking shall apply only to the M-2 Municipal District. 1249 . 03 HEIGHT REG~TIONS No structure or building shall exceed thirty-five feet in height, except as provided in Section 1280.02. 19 77 - 30 ORDINANCE NO. 19 77-30 (Continued) 1249.04 AREA, WIDTH, AND YARD P, EQUIREMENTS Area, width, and yard requirements shall conform to the district requirements in which the M-1 and M-2 Municipal District is located. 1249.05 USES REQUIRING SPECIAL AUTHORIZATION No municipal park building or improvement shall be erected without the recommendation of the Park and Recreation Board. 1249.06 FINAL SITE PLANS (a) Final site plans shall be submitted to and be subject to the approval of the Planning Commission before a building permit is issued. Such plans shall show drainage, sanitary sewers, the location of all buildings, fences, walls and lighting installations, parking areas, traffic flow patterns and elevation plans of proposed structures. Before such plans are submitted to the Commissior~ they shall be submitted to the City Engineer for technical comment and his recommendations to the Commission. Before approving such plans, the Commission shall impose such conditions on the proposed structure or use as will assure that the health, safety, peace and quiet of the community and of the occupants of adjacent property will be preserved and protected from noise, di'rt, dust, artificial illumination or other disturbance. P. (b) The P~lanning Commission shall have final authority for approval of plans and specifications for all buildings and improvements to be constructed in an M-1 or M-2 Municipal District. 1249.07 FEES There shall be no fee required in connection with any matter, presented _ to the Planning Commission by the City relative to land within an M-1 or M-2 zoning classification or for the application to rezone any land to an M-1 or M-2 zoning classification, or for application for a Zoning Certifi- cate, Occupancy Permit or any other type of certificate or permit required to be issued by the City for zoning, construction, occupancy or otherwise upon lands within the M-1 or M-2 zoning Classification." Section 2' Chapter 1248, Section 1248.01 is hereby amended to read as follows: "1248.01 DIVISION INTO DISTRICTS For the purpose of this Zoning Code, fourteen classes of zoning districts are hereby established as follows' M-1 Municipal District M-2 Municipal District, Parks and Park Buildings R-1 Single Family Residence District R-2 " " " " R-3 " " " " R-4a Two-Family Residence District - Twinplex R-4b " " " " - Duplex R-5a Multifamily Residence District - Six Apartment Maximum R-5b " " " - Twelve Apartment Maximum R-6 Planned Multiple Dwelling Residential Development B-1 Limited Business District B-2 Retail Business District B-3 Institutional District B-4 Business District" 'Section 3: Chapter 1250 - Section 1250.02, Chapter 1252- Section 1252.02, and Chapter 1254 - Section 1254.02 are hereby amended to read as follows' "The following buildings and uses shall require authorization by the Board of Zoning and Building Appeals subject to standards, criteria and limitations set forth in the following sections. (a) Churches, Sunday schools, parish houses, parochial and public ~ schools and libraries: (b) Living quarters separate from the main buildings or dwellings for persons employed on the premises." - 2 - 19 77 - 30 ORDINANCE NO. 1977- 30 (Continued) Section 4: Chapter 1264 - Section 1264.01 is hereby amended to read as follows: "In a B-3 Institutional District, no building or premises, unless otherwise provided in this Zoning Code, shall be erected or used which is arranged, intended or designed to be used except for the following purposes and as regulated by this Zoning Code: (a) Public libraries, museums or art galleries; (b) Public or private schools, colleges and dormitories, fraternity and sorority houses, day nurseries and kindergartens, fraternal organizations, Y.M.C.A. or Y.W.C.A.; (c) Churches, parish houses, parochial schools or convents; and (d) Convalescent medical centers." Section 5: This Ordinance is necessary for the welfare of the citizens of the City of Fairlawn for the reason that the master plan for the city should reflect the current status and authorized uses for all lands within the corporate limits of the city. Sect&on 6' Except as modified and amended herein, Part 12 of the Codified Ordinances of the City of Fairlawn, Ohio, is hereby ratified and affirmed. Section 7' That it is hereby found and determined that this legislation complies with Section 121.22, O.R.C. regarding notification of meetings and all deliberations of this Council pertaining hereto have been conducted in accordance therewith. Section 8: This ordinance shall be in full force and effect from and after ten days after its first publication by posting. Enacted' October 17 , 19 77 '"'"' c-.~' "~/~' ¢ - '~iiam F. Reed, Cfer~ o~ Council ....... . .......... ~-- "( ',/' c .... ....... ../' .--? ~ ..... R~'chard C. Low~y President of Council . Approved: October 18 H tla b, Mayor , 1977 Approved as to Form: Robert H. Maxson Director of Law I, William F. Reed, Clerk of Council of the City of Fairlawn, Summit County, Ob. lo, do hereby certify that the foregoing Ordinance 1977-30 was duly and regularly passed by Council at a Regular Meeting on October 17 .,, , 1977. lliam F .' Reed, Cl~k ""~.~.., This is ~o certily lba~ on_ ~' /-~' 7 ~ ~he wi~him Ordinance'Resolution was published by posling a ~rue copy ol lhe same in five public places wilhin lhe. Cil¥ as prescribed in Ord. 1972-108. William F. Reed (~ Clerk of Council - 3- 1977 - 30