1972-102 ResolutionPdiSOLUTION NO. 19 72 - 102
Offered by Councilmen
~,~arkel, Reed and Zimmerman
INITIATING CERTAIN AI,~NDI.~NTS TO ~IE ZONING
ORDINANCE (1961-19, as amended) AND DIRECTING
CERTIFICATION OF S Ai. Z TO THE PLANNING COI,~lSSION.
BE IT RESOLVED BY THE COUIqCiL OF TI{E CiTY OF FAIRLA~:
Section A.
The following Ordinance offered by Councilmen Markel, Reed and Zinm~erman
is initiated by the Council pursuant to Chapter XVIi of the Zoning Ordinance
of the City in content and form as follows:
"ORDINAI~CE NO. 1972- XXX
"AMENDING ORDINANCE 1961-19 AS HE~TOF0~ AMENDEIY~ BY THE ADDITION
OF OHAPTER XII CREATING A' GENERAL BUSINESS DISTRICT, BY THE
ADOPTION OF NEW SECTIONS ?.017, ?.018 and ?.024 F~ELATING TO SIGNS
AND FINAL SITE PLANS IN A B-1 BUSINESS DISTRICT BY THE ADOPTION OF
NEW CHAPTER VIII B-2 RETIAL BUSINESS DISTRICT AND BY REPEALING
EXISTING CHAPTER VII OF SAID ZONING ORDIN~A~CE AS AIIENDED, AND
FTJETHEi{ REPEALING ORDINANCE NO. 1969-117; AND CALLING A PUBLIC
HEARING.
"12.01
"12.011
"12. 012
"12. 013
"12.014
"12. O15
"12.016
"12.017
Ordinance }~o. i961-19, the Zoning Ordinance of the City
of Fairlawn, as amended, is hereby further amended by
the addition of the following Chapter
"611APTER XII
"B-4 GENERAL BUSINESS DISTRICT
USE P, EGULATIONS. In a B-4 General Business District,
· _
no building or premises, unless otherwise provided in
this Ordinance, shall be erected or used which is
arranged, intended or designed to be used except for
the following purposes and as regulated by ~his Chapter:
Automobile sales and service agencies, used car sales,
garages for repair of motor vehicles, automobile service
s~a~ions, auto laundries;
Motels and motels, restaurants, bars or taverns;
Funeral homes, mortuaries, crematoriums
Theaters, bowling alleys, swin~ning pools other than
as defined in Section 2.29~ and othe~ places of public
entertaimuent and amusement;
Drive-in banks or retail establishments where service
is rendered customers in ~heir automobiles~ :
Uses accessory t~ those permittmd under the foregoing
five sections;
On each lot, as defined in Section 2.21 of this
Ordinance, whereon one or more businesses are conducted,
a single pole sign ~lot to exceed 65 square feet in area
and identifying the business or businesses conducted
on such lo~. I';o business sign shall overhang any
public property.
Resolution No. 1972 - 102
Paoe 1
~'12.018
"12.02
"12.021
,, .
"12.022
"12.023
"12. 024
"12.02~
"12.03
"12.04
"12.041
"12. 042
"12.043
"12.05
On the face of each building a single business sign
not exceeding 65 square feet in area and identifying
only the business establishmen~ or establishments
in the building, provided, however, tha~ ~he Council
may by re$o[ution authorize a sign of larger extent
on any building exceeding 50 feet in width and set
back from ~he s'aree~ line more ~han 100 fee~.
REQUIRED CONDITIONS:
Ali of the provisions of Section 7.021 of Chapter Vii
of this Ordinance are fully applicable to all stz~ctures,
premises and used in a B-4 General Business District.
All business, services or processes must be conducted
wholly within a completely enclosed building~ except
for the sale of automobile fuel, lubricants and fluids
at service stations~ and excep~ for places of enter-
talrm~en~ and amusamen~ such as golf courses, ba~zing
ranges, swimmirg pools and other recreational activities
normally conducted in the ou~-of-doors.
All products produced on the premises shall be sold
a~ retail primarily on the premises where produced.
Processes and equipment employed on ~he premises shall
be limited to those which do no~ create nuisance or
are free from objection by reason of odor, dust, smoke~
ctnders~ gases, fumes, noise, vibration, refuse matter
or waste products.
For a service station, every application shall have
attached thereto a consent in writing signed by 51%
of the propez~y owners within 500 feet along any s[ree~
said proposed service station abuts, measuring said
distance f~om the outer boundaries of the station proper:y.
HEIG~.IT REGULATIONS. No structure shall exceed thirty-
~five (35') fee~ -in-height, excep~ as provided in Section
14.02 of ~his Ordinance.
.A.RE.A, WIDI~-! f.~,~D YARD P~quIpd~'ENT. S: Area, width and
yard requirements', '~unless o~herwise specified in '~his
Chapter, shall be not less ~ban those required in
' Caap'~ers X~ and XIII of this Ordinance.
1.linimum fronC yard depth shall be 25 feet, excep~ gha~
where a B-4 District adjoins any "R,' District, the
minimum fron~ yard depth in such B-4 District within
100 feet of such ,,II,, District (measured along the stree~
on which said districts join and front) shall be the
same as tha~ required in such adjoining "R" District.
SIDE YAle__ WIDTH: None, except where adjoining a ,,R,,
Disgricg or a Io~ used as a residen~ ~hen ghe same
as for the "R,, District or residence. '
itinimum rear yard shall be 40 feet.
Every business in a B-4 Di~ric~ shall provido suffic£en~
driveway and parking space in area and design ~o assu~-'e
that all parking, stopping or temporary storage of
vehicles generated by such business will be confined
within the lot lines of the premises. If the Zoning
Inspector is not able to determine from plans submitted
on application for a zoning and/or occupancy permit that
such adequate space is provided, he shall refer the
application ~o the Planning Commaission whi. ch shall there-
upon make a determination as =o adequacy of space
provided.
Ro~olution No. 19 72 - 102
' 12.06
~'Section 2.
FINAL SITE PLANS. Final site plans shall be submitted
~o and b'e subject to approval by the Planning Commission
be£ore a building permit shall be issued. Such plans
shall show dratnase, sanitary sewers, location of all
butldinss, fences~ walls and ltshttng tnstallations~
parking areas~ traffic flow patterns, and elevation plans
of proposed structures. Before such plans are submitted
to the Planning Commtssion~ they shall be submitted co
the }'~unictpal Engineer £or technical comment and his
recommendations to the Planning Commission. Before
approving such plans, the Planning Commission shall
impose such conditions on ~he proposed structure or
use as will assure that the health~ safety~ peace and
quiet of the community and o£ the occupants of adjacent
property will be preserved and protected from noise,
dtrt~ dust, arti£tctal illumination or ocher disturbance.
Ordinance No. 1961-19, The Zoning Ordinance of the City
of Fairlawn, as aaended, is hereby further amended by
the adoption of the following as Chapter VIII in lieu
of existing Chapter VIII:
"8o01
"8.011
"8.012
"8.013
"8.014
"8.015
"8.017
"8.018
"{ItAPTER VIII
"B-2 RETAIL BUSINESS DISTRICT
USE REGULATIONS. In a B-2 Retail Business District,
no building or Premises, unless otherwise provided in
this Ordinance, shall be erected or used which is
arranged, intended or designed to be used except for
the following purposes and as regulated by this Ordinance.
Retail stores supplying commodities, intended for
residents of the local or surround~g communities:
grocery, drug, fruit, meat, dairy products, baked
goods, wearing apparel, hardware, paint, wallpaper,
furniture and household appliances, newspapers,
magazines, books, stationery, flowers, gifts and
sundries.
Service stores providing the following services; shoe
repair, barbershops~ beauty shops.
Shops for custom work co be sold or delivered solely
on the premises: dressmaking, tailoring, pressing or
dry cleaning in which only non-explosive or non-
inflan~nable solvents are used. In any such shop not
more than t:en persons shall be engaged and no work
shall be done for retail outlets located elsewhere.
Banks, business and professional offices, telephone
exchan§es.
Uses accessory ~o those set out in the preceding four
sec£ions.
On each lot, as defined in Section 2.21 of this Ordinance,
whereon one or more businesses are conducted, a single
pole sign not to exceed 65 square feet in area and
identifying the business or businesses conducted on
such lot. No business sign shall overhang any public
property.
On the face of each building a single business sign
not exceeding 65 square feet in area and identifying
only the business establishment or establishments
Resolution No. 1972- ~02
Page 3
"8.02
~8.021
'8,022
023
"8.024
'w8.03
"8.0&
"8.0.5
"8.06
tn the buildi~, provided, however, cha~ the Council
may by resolution authorize a si~n of larger extent
on any buildtn~ exceeding 50 feet in width and set
back from the street line more than 100 feet.
P.~QUIRED CONDITIONS:
All of the provisions of Section 7.021 of Chapter VII
o£ this Ordinance are fully applicable to all structures,
premises and uses in a B-2 Retail Business District.
All business, services or processes must be conducted
wholly within a completely enclosed building.
All products produced on the premises shall be sold at
retail primarily on the premises where produced.
Processes and equipment employed on the premises shall
be limited to those ~htch do not create nuisance and
are not objectionable by reason of odor, dust, smoke,
cinders, gases, fumes, noise, vibration, refuse matter
or waste products.
'HEIGIiT REGULATIONS: No structure shall exceed thirty-
five (3~})" in height, except as provided in Section
14.02.
_ARE,A, ~IDTH_AND YARD REQUIRE!~ENT$: Subject to the same
limitations and modifications as B-4 - General
Business District and as provided in Chapter XII,
Sections 12.04, 12.041, 12.042 and 12.043.
Every business in a B-2 District shall provide sufficien~
drive-way and parktr~ space in area and desi§n to
assure that all parking, stoppir~ or temporary storage
of vehicles senerated by such business will be confined
within the lot lines of the premises. If the Zonir~
Inspector is not able to determine from plans submitted
on application for a zonin~ and/or occupancy permit
that such adequate space is provided, he shall refer
the application to the Plannin$ Ca~nisston which shall
thereupon make a determination as to adequacy of
space provided.
.FIN_AL SITE PLANS. Final site plans shall be submitted
to and 'be subject to approval by the Planntr~ Commission
before a but ldin~ permit shall be issued. Such plans
shall sho~ drakna~e, sanitary se~ers, location of all
buildin~s, fences, ~alls and lighttn~ installations,
parkir~ areas, traffic flo~ patterns, and elevation
plans of proposed structures. Before such plans
are submitted to the Plannin§ Con~isston, they shall
be submitted to the }iunictpal ~r~tneer for technical
comment and his reconraendations to the P lannir~ Com-
mission. Before approving such plans, the Plannin~
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, dirt, dust, artificial illumination or
other disturbance.
Resolution No. 19 72 - 102
Page 4
"Section 3.
'~7.017
"Sect:ion
"7.018
"Section 5.
"7.024
"Section 6.
Ordinance No. 1961-19, The Zoning Ordinance of the
City o£ Fatrlawn, as amended, is hereby further amended
by the adoption of ~he {ollowtng as Section 7.017,
Chapter VII in lieu of existing Secgton 7.017,
Chapter VII:
On each lo~, as defined in Section 2.21 o£ this
Ordinance, ~hereon one or more businesses are conducted,
a single pole sign not to exceed 65 square feet in area
and identifying the business or businesses conducted
on such lot. No business sign shall overhang any
public property.
Ordinance No. 1961-19, The lonin§ Ordinance of the
City o£ Fair lawn, as amended, is hereby further amended
by the adoption of the £ollo~tng as Section 7.018,
Chapter VII in lieu of existing Section 7.018,
Chapter VII:
On the face o£ each buildint a single business sign
not exceeding 65 square feet in area and identifying
only the business establishment or establishments in
the building, provided, however, that the ~ounctl
may by resolution authorize a sign o£ larger extent
on any building exceeding 50 feet in ~tdth and set
back from the street line more than 100 feet.
Ordinance No. 1961-19, the Zoning Ordinance of the
City of Fair lawn, as amended, is hereby further amended
by the adoption of the following as Section 7.024,
Chapter VII, in lieu of existing Section 7.024,
Chapter VII:
FINAL SITE PLANS. Final site plans shall be submitted
-to ~nd be subject to approval by the Planning Ca~mts-
sion before a building permit shall be issued. Such
plans shall show draina~e, sanitary sewers, location of
all buildints, fences, walls and li~htin§ installations,
parking areas, traffic flow patterns, and elevation
plans of proposed structures. Before such plans are
submitted to the Planning Commission, they shall be
submitted to the Lunicipal Engineer for technical
comaent and his reconraendations to the Planning
Commission. Before approving such plans, the Planning
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, dirt, dust, artificial illumination or
ocher disturbance.
The followin§ Chapters and Sections of Ordinance No.
1961-19, the Zonint Ordinance of the City o£ Fair lawn,
as amended, as they exist prior £o the effective date
of this present Ordinance No. 1972 - XgiX are repealed,
to-wi t:
Chapter VIII
Chapter VII, Section 7.014
Chapter VII, Section 7.015
Chapter VII, Section 7.017
Chapter VII, Section 7.024
Resolution No. 1972- 102
Page 5
"Section 7.
The provisions of Ordinance Mo. 1969 - 117, enac=ad
196°, are hereby repealed"
Hovem~ber 17, . .
Section B.
1l~e amendments aforesaid, set out in Section A of this Resolution,
are hereby certified ~o the Planning Commission for its action pursuant
to Chapter }~Ii, Section 17.02 of the Zoning Ordinance. The Planning
Co~ission is recues%ed 'bo make i%s repot% and recommenda%ion
Council on or before June 19, 1972.
Section C.
A Public Hearing shall be held by the Council on the ordinance intended
herein and the recommendation of the Planning Commission on July 10, 1972,
at 8:00 P.M.
June 5, .... 19 72
~illiam F. Reed~ CleZ~'of Council
J~ ep~/P. Sansonetti
~esiden~ of Council
I, William F. Reed, Clerk of the Council of the City of Fairlawn, S~m~it County,
Ohio, do hereb7 certi£7 that the foregoing l~solution 1972-102 was duly and
regularly passed by the Council at a Regular Meeting on June 5, 1972.
William F. Reed, Olerk of Council
Resolution No.' 19 72 - 102
Page 6