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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