Fairborn City Zoning Code
CHAPTER 1121
Introductory Provisions
1121.01 TITLE, PURPOSE, SCOPE AND SEVERABILITY.
(b) Purpose and Objectives. The text and Zoning Map in this Zoning Code constitute the comprehensive zoning ordinance and regulations for the incorporated area of the City of Fairborn and are adopted to protect and promote the public health, safety, convenience, comfort, prosperity or general welfare, and to provide the economic and social advantages which result from an orderly, planned use of land resources. Such regulations are designed to achieve the following objectives:
(1) To promote the achievement of the Comprehensive Land Use Plan for the City;
(2) To advance the position of the City as a center of commerce, industry, recreation and culture;
(3) To provide for desirable, appropriately located living areas in a variety of dwelling types and at a suitable range of population densities, with adequate provision for sunlight, fresh air and usable open space;
(4) To protect residential, commercial, industrial and civic areas from the intrusions of incompatible uses, and to provide opportunities for establishments to concentrate for efficient operation in mutually beneficial relationship to each other and to share services;
(5) To ensure preservation of adequate space for commercial, industrial and other activities necessary for a healthy economy;
(6) To promote safe, fast and efficient movement of people and goods without sacrifice to the quality of the City's environment and to provide adequate off-street parking;
(7) To stabilize expectations regarding future development of the City, thereby providing a basis for wise decisions with respect to such development;
(8) To preserve and enhance the quality of the City's environment;
(9) To provide for effective signage that is compatible with the surrounding urban environment; and
(10) To maintain the safety and potability of public water supplies located within the City.
(c) Scope. In their interpretation and application, the provisions of this Zoning Code shall be held to be minimum requirements, adopted for the promotion of the public health, safety, convenience, comfort, prosperity or general welfare. Wherever the requirements of the Zoning Code are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions or covenants, the provisions of this Zoning Code shall control.
(d) Severability. Should any section, clause or provision of this Zoning Code be declared by the courts to be invalid, the same shall not affect the validity of the Zoning Code as a whole or any part thereof other than the part so declared to be invalid.
(Ord. 34-17. Effective 12-7-17.)
1121.02 MAP AND DISTRICTS ESTABLISHED.
(a) Zoning Map Adopted. For the purposes of this Zoning Code, the City of Fairborn is divided into zoning districts. Zoning district boundaries are established as shown on the Official Zoning Map that accompanies and is part of this Zoning Code. These zoning districts are intended to:
(1) Regulate and restrict the location and use of buildings and land for residence, commerce, trade, industry, transportation, communications and utilities;
(2) Regulate and restrict the size and height of buildings, structures including the size of yards, setbacks, lot coverage, open spaces and the density of population; and
(3) Establish site development standards and requirements for adequate public facilities and services.
(b) Use and Overlay Districts. This Zoning Code hereby establishes the following classes of use districts and overlay districts:
AG Agricultural District | CC Community Commercial |
C Conservation Development | DC Downtown Commercial |
SR Suburban Residential | GC General Commercial |
UER Urban Edge Residential | LI Light Industrial |
MDR Medium Density Residential | AM Agricultural and Mineral |
MHP Manufactured Home Park | PUD Planned Unit Development |
PO Professional Office | WO Wellhead Operation |
NCTR Neighborhood Center | WP Well Field Protection Overlay |
NC Neighborhood Commercial | F Floodplain Overlay |
(c) Interpretation of District Boundaries. Where uncertainty exists as to the boundaries of districts, as shown on the Official Zoning Map, the following rules shall apply:
(1) Boundaries indicated as approximately following the centerline or right-of-way lines of streets, highways or alleys shall be construed to follow such center lines;
(2) Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines;
(3) Boundaries indicated approximately following City limits shall be construed as following City limits;
(4) Boundaries indicated as following railroad lines shall be construed to be midway between the main tracts;
(5) Boundaries indicated as following rivers and streams should be construed to follow the approximate centerline of such river or stream, and in the event of change in such river or stream, should be construed as moving with the actual centerline; and
(6) If any uncertainty remains as to the location of a district boundary, the Zoning Administrator has the duty to determine the exact location and document that boundary location on the Official Zoning Map. The Zoning Administrator has the duty to keep a record of such decisions.
(d) Lot Divided by Zoning District Boundary. Where a district boundary divides a lot in single ownership and of record prior to and continuously since the time the district boundary line was established, the use authorized on and the district requirements of the least restrictive portion of the lot are construed as extending to the entire lot.
(Ord. 34-17. Effective 12-7-17.)
1121.03 ZONING CODE COMPLIANCE.
(a) Compliance with District Regulations. Except as hereinafter provided, no building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located.
(b) Minor Variances. Except for minor variances that may be allowed by the Zoning Administrator that they determine are reasonable and follow the intent of this Zoning Code, no building or other structure shall hereafter be erected or altered:
(1) To exceed the permitted height;
(2) To accommodate or house a greater number of families;
(3) To occupy a greater percentage of lot area; or
(4) To have narrower or smaller rear yards, front yards, side yards, or other open spaces; than herein required, or in any other manner contrary to the provisions of this Zoning Code.
(c) Duplication of Individual Requirements Prohibited. No part of a yard or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this Zoning Code, shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building, except where permitted.
(d) Lots Existing Prior to Effective Date. No yard or lot existing at the time of passage of this Zoning Code shall be reduced in size or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this Zoning Code shall meet at least the minimum requirements established by this Zoning Code.
(e) Regulations are a Minimum. Within each district, the regulations set by this Zoning Code shall be the minimum regulations and shall apply uniformly to each class or kind of structure or land.
(f) Zoning of Annexed Territory. Upon annexation of territory to the existing municipal corporation of the City, the zoning regulations then in effect shall remain in full force, administered by the Zoning Administrator or their authorized representative, until Fairborn City Council officially adopts the existing zoning regulations or enact new regulations for such territory.
(Ord. 34-17. Effective 12-7-17.)