Fairborn City Zoning Code
CHAPTER 1128
Supplemental and Accessory Regulations
1128.01 PURPOSE.
The purposes of these supplemental regulations are to assist property owners in developing their site in a manner which is harmonious with its neighboring uses. These parameters will account for issues relating to siting, lot coverage, parking, screening, lighting, noise and landscaping needing to be reviewed as the following uses relate to neighboring uses. These parameters may be considered the basis for any conditions derived when such a use is being considered for approval as a conditional use within a zoning district or when reviewed by staff as a principal permitted use in a residential district.
(Ord. 34-17. Effective 12-7-17.)
1128.02 EXCEPTIONS TO HEIGHT REGULATIONS.
(a) Architectural Projections. The height regulations as prescribed in this Zoning Code shall not apply to the following named structures or other structures that project in the air, except where the height of such structures will constitute a hazard to the safe landing and takeoff of military, public and commercial aircraft:
(1) Church spires;
(2) Belfries;
(3) Monuments;
(4) Tanks;
(5) Water towers;
(6) Fire towers;
(7) Stage towers or scenery lofts;
(8) Cooling towers;
(9) Ornamental towers and spires;
(10) Chimneys;
(11) Elevator bulkheads;
(12) Smoke stacks;
(13) Conveyors; and/or
(14) Flag poles.
(b) Aviation Hazards. Where a structure, because of its height constitutes a hazard to aviation, and is within the flight path of the runways of Wright Patterson Air Force Base, the property owner shall consult with and seek necessary permits from the Administrator of the Wright Patterson Air Force Base Airport Zoning Board, or other appropriate authorities, so as to bring about general conformity with regulations governing "Aircraft Approach and Airspace Areas".
(c) Public or Semipublic Service Buildings. Public or semipublic service buildings including hospitals, institutions or schools, when permitted in a district, may be erected to a height not exceeding 60 feet, and churches and temples may be erected to a height not exceeding seventy-five feet when the required side and rear yards are each increased by at least one foot for each one foot of additional building height above the height regulations for the district in which the building is located.
(Ord. 34-17. Effective 12-7-17.)
1128.03 EXCEPTIONS TO YARD REGULATIONS.
(a) Number of Structures per Lot. No more than one principal structure shall be located on a lot or tract, except that a conditional use permit may be issued in accordance with Chapter 1132: Administration, Process and Procedures, to permit additional buildings on the lot or tract, provided a site plan is submitted which complies with all Zoning Code requirements and adequately addresses area traffic, safety, parking, utilities, storm drainage and environmental protection. Accessory buildings are not subject to this restriction.
(b) Front Yard.
(1) Deviations of Setback Requirements.
A. When 40% or more of the lots fronting on one side of a street between two intersecting streets have been improved with buildings and the front yards provided are greater than the required minimum front yard of that zoning district, thereafter no building shall be erected with a front yard less than the least front yard provided on that block.
B. When 40% or more of the lots fronting on one side of a street between two intersecting streets have been improved with buildings, and the front yards provided are less than the minimum front yard required in that zoning district, thereafter future construction on this block shall be permitted to have a front yard setback equal to the average of the building setbacks on the nearest 40% of the lots.
(2) Double Frontage Lots. On double frontage lots the required front yard shall be provided on the street of address and the greater of the required front or rear yard setbacks shall be required on the parallel street.
(3) Encroachments of Patios and Porches. An uncovered patio, terrace, stoop or landing, completely open to the sky, may project into a required front yard of a residence for a distance not exceeding 10 feet. Fixed canopies, porches, roofs, or awnings shall also be permitted to project into a required front yard for a distance not exceeding 10 feet, if the following conditions are complied with:
A. The property is zoned "SR" or "UER";
B. The dwelling was constructed prior to November, 1988;
C. The cover is a minimum of seven feet from the front property line; and
D. The canopy or awning is supported by posts and remains open sided. This shall preclude the use of all permanent or temporary enclosing materials.
(c) Side Yard.
(1) Housing Built Prior to 1955. Where the main building on any lot in a residence district has been erected prior to June 6, 1955, additions to such building may be erected, provided the side yards shall have a combined width of not less than 12 feet and provided that no side yard shall have a width of less than five feet.
(2) Unenclosed Porches. An unenclosed porch, porte-cochere or canopy may project into a required side yard, provided every part of such porte-cochere or canopy is unenclosed and shall not be less than five feet from the side lot line.
(d) Rear Yard.
(1) Fire Escapes and Chimneys. Open or lattice-enclosed fire escapes, fireproof outside stairways, balconies opening upon fire towers and the ordinary projections of chimneys and flues into the rear yard may be permitted by the Building Inspector for a distance of not more than five feet, but only where the same are so placed as not to obstruct light and ventilation.
(e) Corner Lots.
(1) Required Yards. On a corner lot, for setback purposes, the lot shall maintain two front yard setbacks and two side yard setbacks as regulated by the particular zoning district and subsection (e)(3) hereof.
(2) Nonresidential Lots. Where a corner lot in any business or industrial district abuts upon a lot in any residential dwelling district, the side yard of the corner lot shall not be less than one-half of the required front or side yard on the lot in the residential dwelling district.
(3) Platted after 1976. Any corner lot platted after the effective date of this Zoning Code, February, 1976, shall have an exterior side yard of a minimum of ten feet.
(f) Lot Coverage. All parts of the premises beyond the maximum lot coverage area shall be open to the sky, except for ordinary projections of sills, belt courses, cornices, and ornamental features. Such features shall not project more than eighteen inches.
(Ord. 34-17. Effective 12-7-17.)
1128.04 ACCESSORY STRUCTURES.
Accessory structures, buildings, or facilities customarily incidental and subordinate to the principal permitted structures or conditionally permitted structures shall be permitted, located on the same lot therewith, including:
(a) Accessory Buildings. As specified herein and including, but not limited to, private garages not involving the conduct of a business, sheds, playhouses, tree houses, gazebos, dog houses/animal shelters, and non-commercial greenhouses.
(b) Accessory Structures. Including, but not limited to, decks, driveways, parking pads, patios and carports.
(c) Outdoor Recreation Facilities.
(1) Outdoor recreation facilities including, but not limited to, a swimming pool, spas/hot tubs, basketball court, tennis or volleyball court. For the purposes of this section, a basketball, tennis or volleyball court shall be defined as a permanent improved surface used exclusively for recreational activities.
(2) Swimming pools and spas shall be further regulated as specified in Section 1128.07 of the City of Fairborn Codified Ordinances.
(d) Siting Requirements. Any accessory buildings, structures or outdoor recreation facilities that are not attached to the principal structure shall comply with the siting requirements for accessory structures and uses in each individual district and the following:
(1) Shall not be located in the front yard;
(2) Shall be located in the rear yard except in the case of corner lot; placement on corner lots must be located in a side yard;
(3) Shall not be permitted to be constructed upon any utility, access or storm water easement;
(4) Shall not exceed the maximum height for an accessory structure as identified in each zoning district. If no height is identified, the accessory structure shall not exceed twenty feet in height or the height of the principal structure, whichever is the lesser;
(5) Decks and Covered Patios are permitted to encroach ten feet into the required rear setback.
(f) Trash and Recycling Containers. All refuse and recyclable materials shall be stored in personal trash/recycling containers or commercial dumpsters.
(1) No trash/recycling containers shall be located or stored in the front yard of the premise.
(2) When a commercial dumpster is not utilized, trash/recycling containers may be placed at the curb or alley line the day before pick up and shall be removed not later than the day after the scheduled pick up.
(4) When a commercial dumpster is utilized, the following standards shall apply:
A. All dumpsters situated on a site shall be contained within a gated enclosure. The enclosure shall be a minimum of six feet in height, the walls shall be constructed of masonry, decorative block or combinations of these and a solid wood gate, architecturally compatible with the principal structure, and have bumper blocks or posts on the interior to protect the enclosure.
B. Dumpsters shall be placed on a concrete pad; (3000 psi minimum) extended a minimum of ten feet beyond the enclosure to permit trash truck front wheels to rest on the pad.
(g) Donation Boxes. Donation boxes are a receptacle used for the unmanned collection of donated and secondhand goods and merchandise for the purpose of redistribution by an entity. Donation boxes shall:
(1) Be in compliance with the setback requirements for accessory structures as determined by the zone district in which such structure is placed. The donation box shall be located on a concrete pad or paved area constructed of sufficient strength for the donation box, equipment and vehicles that will empty the units.
(2) Not be permitted in the required front yard or in front of a building or structure on a lot.
(3) Be maintained in good condition and appearance with no structural damage, holes, or visible rust, and shall be free of graffiti;
(4) Be locked or otherwise secured;
(5) Contain the contact information visible from the front of the unit including the name, address, email, and phone number of the operator;
(6) Be serviced and emptied as needed. No materials or goods shall be stored or left outside of the box and the surrounding area shall be maintained to be free of any junk, debris or other material.
(7) Notwithstanding any other provision of this code, it is unlawful for any person to place an unattended donation box:
A. On any property used for residential purposes; or
B. On or in required parking or loading spaces.
(h) Temporary Buildings for Construction Sites. Temporary buildings that are used in conjunction with construction work, including trailers, may be permitted in any district only during the period that the construction work is in progress, but such temporary buildings shall be removed upon completion of the construction work.
(i) Temporary Storage Containers/Buildings. Temporary storage containers/buildings shall include any container, vessel, or building that is designed as to be placed onto any truck, trailer, or other vehicle for the purposes of transportation. When a temporary storage container is utilized, the following standards shall apply:
(1) In Residential, Professional Office and Civic/Institutional Districts:
A. Placement shall be on asphaltic or cement binder, concrete or other comparable material;
B. Placement shall be to the rear of the front building line of the lot;
C. In the event there is no access available, via an existing driveway, for placement to the rear of the front building line or there is no space for placement on the lot to the rear of the front building line, then placement may be on the lot forward of the front building line, but as close to the building line as possible;
D. Shall be located not less than three feet from any lot line;
E. Shall not remain on the premises for a period exceeding 30 days per calendar year;
F. Shall not be connected to any public utilities;
G. Placement shall not create a vehicular sight obstruction; and
H. Temporary storage containers larger than 8 feet in width by 8 feet in height by 16 feet in length in residential districts shall be prohibited by the Zoning Administrator.
(2) In Commercial districts:
A. Placement shall be on asphaltic or cement binder, concrete or other comparable material;
B. Shall be to the rear of the principal structure;
C. Shall be located not less than three feet from any lot line;
D. Shall not be connected to any public utilities;
E. Shall not remain on the premises for a period exceeding 60 days per calendar year; and
F. Placement shall not create a vehicular sight obstruction.
(3) In Industrial districts:
A. Placement shall be on asphaltic or cement binder, concrete or other comparable material;
B. Shall be to the rear of the principal structure;
C. Shall be located not less than three feet from any lot line;
D. Shall not be connected to any public utilities;
E. Shall not remain on the premises for a period exceeding 90 days per calendar year;
F. Placement shall not create a vehicular sight obstruction; and
G. Any temporary storage containers/buildings which are on the premises exceeding 90 days per calendar year shall be considered permanent in nature and shall be regulated by the siting requirements for accessory structures contained in Section 1128.04(d); and
H. Building/Electrical permits shall be obtained for any permanent accessory structure/building.
(4) Prohibitions.
A. No temporary storage container shall be used for human or animal occupation.
B. Only one temporary storage container shall be permitted on the property at any time.
C. No portable storage unit shall be located in or on a public right-of-way.
D. No portable storage unit shall be placed in a manner blocking a sidewalk.
(5) Units Must be Secured. Portable storage units shall be fully secured at all times including the use of a locking device on the door to prohibit unauthorized entry into the unit.
(6) Public Nuisance. The placement of any portable storage unit shall be located in such a manner on any property as not to create a public nuisance such as creating a vehicle visibility issue or storing hazardous materials.
(Ord. 34-17. Effective 12-7-17; Ord. 21-19. Passed 4-1-19.)
1128.05 RESIDENTIAL ACCESSORY USES.
Accessory uses customarily incidental and subordinate to the principal permitted use or conditionally permitted use shall be permitted, located on the same lot therewith, including:
(b) Gardens and landscaping including lamp posts, flag poles, bird houses, trellis, ornamental structures or a work of art;
(c) Patios and walkways;
(d) Fences and screening: fences, walls, hedges as specified in Chapter 1129: Screening, Buffer Yard, Landscaping and Fences;
(e) Garage sales (home sales) as regulated in Chapter 715 of the City of Fairborn Codified Ordinances;
(g) Off-Street Parking.
(1) Parking of cars, motorcycles, trucks, trailers and vehicles not exceeding 22 feet in total overall length, or 7 feet in width (excluding mirrors) or 8 feet in height (including load) and/or a gross weight of five tons, as further governed by Section 341.12 of the City of Fairborn Codified Ordinances.
(2) Off-street parking of commercial, agricultural or multi-wheel agricultural tractors or trailers, semitrailers, pole trailers or trailer dolly's as defined in Ohio R.C. 4511.01 whether commercially manufactured or homemade is prohibited in residential districts and is further governed by Chapter 335 and Section 341.06 of the City of Fairborn Codified Ordinances.
(3) Exceptions may be permitted for loading or unloading of personal or household goods for a period of not more than 48 hours, commercial service calls involving active installation, maintenance or repair work and/or active construction sites.
(h) Living quarters of persons employed on the premises by the residents for home care, child care, or medical care and not rented or otherwise used as a separate independent dwelling.
(Ord. 34-17. Effective 12-7-17.)
1128.06 KEEPING OF ANIMALS.
(a) For purposes of this section a "dangerous animal" means:
(1) Any mammal, amphibian, fish, reptile, or fowl of a species which due to size, vicious nature or other characteristics would constitute a danger to the physical well-being of human life or animals.
(2) Any animal having a known disposition or propensity to attack, bite, or injure any person or animal without provocation. Where the official records of an Animal Control Officer, City Clerk, Police Department, or Clerk of the Municipal Court indicate that an animal has bitten or attacked any person or animal, it shall be prima facie evidence that said animal is a dangerous animal.
(3) Any animal owned or kept primarily or in part for the purpose of fighting or any animal trained or bred for fighting.
(4) Any animal which is urged by its owner or keeper to attack, or whose owner or keeper threatens to cause such animal to attack any law enforcement officer while such officer is engaged in the performance of official duty and when such animal has the apparent ability to cause injury or harm to such officer.
(b) For purposes of this section a "pure domestic dog" means any member of the canine genus - group of species Canis familiaris or Canis lupus familiaris of the family Canidae, or dog family, that has not been bred with any other group of species, species or animal.
(c) For purposes of this section a "domestic cat" means Felis Domesticus or any domesticated member of the Felis genus.
(d) For purposes of this section a "secure temporary enclosure" means an enclosure with a top, bottom, three sides and one door made of materials which, when secured, prevents a dangerous animal from exiting the enclosure on its own.
(e) No livestock and poultry or similar farm animals shall be raised, bred or kept on any nonagricultural lot. However, dogs, cats and other household pets, may be kept on a residential premise provided they are not maintained for any commercial purposes and they meet the requirements of Subsection 1128.06(g) hereof.
(f) The keeping of wild or exotic animals shall be prohibited. This restriction shall not include the keeping of such animals as part of a circus, zoo or similar function.
(g) No residentially used or zoned premises shall contain more than 4 pure domestic dogs, 4 domestic cats, or a combination of pure domestic dogs and domestic cats so as not to total more than 4.
(h) Pure domestic dogs or domestic cats three (3) months of age or younger are not subject to these regulations.
(j) It shall be unlawful for any person to own, possess, keep, exercise control over, maintain, harbor, transport, sell, barter or other way dispose of any dangerous animal within the City of Fairborn. This section shall not apply to any dangerous animal which are:
(1) Less than eight weeks of age; or
(2) Brought into the City for the purposes of participating in a canine sporting event, canine show or other recognized or sanctioned animal show or similar public exhibition in which the owner is able to show proof of entry, for a period not to exceed 72 hours; and
(3) Kept in a secure temporary enclosure during transport to and from any place of public exhibition within the City.
(4) Fed and sheltered at a kennel or similar place which prevents access of said dangerous animal to the general public.
(k) Commercial care and keeping of animals shall only be allowed as permitted in designated districts.
(Ord. 34-17. Effective 12-7-17.)
1128.07 SWIMMING POOLS.
All pools and pool equipment shall be installed and utilized in accordance with its listing and labeling; and shall be assembled, erected, operated, and maintained as directed in the manufacturer's installation instructions.
(a) Any swimming pool as defined by Section 1133.02 shall be subject to the standards of this subsection including pools that are designed to be temporary in nature.
(1) Swimming pools that are enclosed within a building shall not be subject to these standards.
(2) The swimming pool shall be set back a minimum of ten feet from all lot lines and five feet from all principal and accessory buildings as measured from the edge of the water.
(3) The swimming pool, or the entire property on which it is located, shall be walled or fenced to prevent uncontrolled access. Said fence or wall shall not be less than four feet in height and maintained in good condition with a gate and lock with the following modifications.
A. Such fence shall be constructed so as to have no openings, holes, or gaps larger than three inches in any dimension, except for doors or gates. An accessory building may be used in or as part of such enclosure.
B. Above-ground pools that have a vertical surface of at least four feet in height shall be required to have fences, locking gates or other approved barriers only where access is made to the pool.
(b) Prior to erecting and utilizing, swimming pools exceeding minimum thresholds shall require a zoning permit as indicated in Section 1132.02 (c)(3).
(c) Any pool for the use of occupants of multi-family dwellings containing over three apartments or those that are accessory to a nonresidential use shall meet the structural and sanitary requirements of the Ohio Department of Health.
(Ord. 21-19. Passed 4-1-19.)
1128.08 PARKING OR STORING OF RECREATIONAL EQUIPMENT IN RESIDENTIAL DISTRICTS.
Any owner of camping and recreational equipment may park or store such equipment on single-family residential property subject to the following conditions:
(a) Recreational equipment parked and stored shall not have fixed connections to electricity, water, gas, or sanitary sewer facilities, and at no time shall this equipment be used for living or housekeeping purposes for a period which exceeds thirty calendar days.
(b) If the camping and recreational equipment is parked or stored outside of a garage, it shall be parked or stored to the rear of the front building line of the lot except as provided in Subsection 1128.08(c) hereof. The equipment must be stored on an improved surface such as a driveway or parking pad. The setback requirement in the side or rear yard shall be a minimum of three feet.
(c) Notwithstanding the provisions of Subsection 1128.08(b) hereof, camping and recreational equipment may be parked anywhere on the premises for loading or unloading purposes, for a period of not more than forty-eight hours.
(d) Wheels or any similar transporting device shall not be removed, except for service, nor shall any trailer be permanently affixed to the ground.
(Ord. 34-17. Effective 12-7-17.)
1128.09 SATELLITE ANTENNA RECEIVING SYSTEMS.
Satellite antenna receiving systems are antennas designed to receive broadcasts from satellites in stationary earth orbit and convert these broadcasts into usable television signals. Satellite antennas shall be permitted to be installed as accessory structures for any permitted use of any zoning district. It shall comply with the following rules:
(a) For all residential districts, the following shall apply to the installation of any satellite antenna receiving dish exceeding one meter (39.37 inches) in diameter:
(1) When roof mounted, satellite antennas shall be mounted only on the rear portion as viewed from the front yard.
(2) When ground mounted, it shall be located only in the rear yard as permitted under Section 1128.04: Accessory Structures.
(3) The diameter of the satellite antenna dish shall not exceed three feet.
(b) For all districts the following shall apply:
(1) All satellite antennas shall be properly grounded and meet all National Electrical Code requirements.
(2) All satellite dish systems shall be engineered to withstand snow and wind loads designated in the Ohio Basic Building Code.
A. Any satellite receiving dish exceeding one meter (39.37 inches) in diameter, which is located on the roof of any structure within the City, shall be permitted upon presentation of a plan by a registered engineer or architect. The plan shall show the roof and satellite dish are able to withstand snow and wind loads designated in the Ohio Basic Building Code.
B. Any dish one meter (39.37 inches) or less in diameter which is mounted on the roof of a structure shall be mounted in accordance with the manufacturer's recommendations for installation and properly secured to the structure so as to prevent damage from wind or snow loads.
C. Any ground mounted satellite dish exceeding one meter (39.37 inches) in diameter shall be anchored by one cubic yard of Portland cement concrete beginning below the frost line, or any other method which can be demonstrated to meet wind load requirements of the Ohio Basic Building Code.
(3) All satellite dishes shall be located:
A. Outside any utility, stormwater or access easement;
B. A minimum of ten feet, measured horizontally from suspended electrical wires; and
C. Fifteen feet from public rights-of-way in nonresidential areas.
(c) A permit shall be required by any person installing a satellite antenna, greater than one meter (39.37 inches) in diameter, prior to installation. An applicant shall provide installation instructions and/or sketches. When proposing to ground mount a satellite antenna, an applicant shall provide a site plan showing antenna in relation to buildings, structures, easements, electrical lines and property line.
(Ord. 34-17. Effective 12-7-17.)
1128.10 BUILDING SETBACK LINES ESTABLISHED.
No building, house or construction of any kind, pumps, porticos, business equipment or any other fixture shall be erected, constructed, maintained or operated within the area between the existing street right-of-way line and the setback lines herein established as follows:
(a) On Central Avenue from Main Street to Dayton Drive the setback shall be in conformity with the lines presently established on both sides of such street by existing buildings on South Central Avenue extended south. On Central Avenue from Xenia Drive to Main Street, the setback shall be not less than ten feet from the Central Avenue property line, and the rear yard shall be not less than twenty feet.
(b) On First Street in its entirety the setback shall be five feet on both sides of such street.
(c) On Second Street from Xenia Drive to Dayton Drive the setback shall be five feet on both sides of such street.
(Ord. 34-17. Effective 12-7-17.)
1128.11 BED AND BREAKFAST ESTABLISHMENT.
Bed and Breakfast Establishments may be permitted provided that:
(a) The establishment is only conducted by a person owning the dwelling and residing therein.
(b) The establishment contains a maximum of four guest rooms.
(c) No exterior change to the residential character of the structure shall occur.
(d) Adequate off-street parking be provided, and other such conditions as may be necessary to reduce impact of the lodging use surrounding residences.
(Ord. 34-17. Effective 12-7-17.)
1128.12 CLUB MEETING HALLS.
(a) Proposed uses of the building shall be reviewed and specifically approved by Planning Board. Approval of banquet/hall facilities or facilities rentable to the general public shall be approved if adequate provisions are made to avoid conflict with neighboring residential dwellings. If available to the general public, proximity to a collector or arterial street as defined on the Thoroughfare Plan should be considered.
(b) Outdoor facilities, such as picnic areas and recreation areas shall be reviewed to insure adequate screening and noise barriers.
(c) Parking lot lighting, landscaping and general screening shall be reviewed.
(d) Hours shall be reviewed particularly when the facility will have a social hall and/or rentable area to nonmembers.
(Ord. 34-17. Effective 12-7-17.)
1128.13 RESIDENTIAL CARE AND CONGREGATE RESIDENTIAL FACILITY.
(a) The agency operating a residential care or congregate residential facility shall have at least two qualified houseparent's or supervisors for each residential home and shall maintain 24-hour supervision at all times. The operating agency shall provide social work, psychological and medical services as required.
(b) The Zoning Administrator will review the residential home site selection and development according to the following required performance criteria:
(1) No facility hereof shall be permitted within 1,500 feet of another facility herein defined.
(2) The residential home shall provide not less than twenty-five square feet per person of suitable indoor recreation area and not less than 200 square feet of outdoor open space per person consolidated in a useful configuration and location provided on the site.
(3) Every room occupied for sleeping purposes within the residential home shall contain a minimum of eighty square feet of habitable room area for one occupant, and when occupied by more than one shall contain at least sixty square feet of habitable room area for each occupant.
(4) A site plan for the proposed home shall be submitted for a review of the recreation and open space requirements and such landscaping and fencing as may be appropriate for this site.
(c) The operator or agency applying for an occupancy permit to operate a residential home shall provide to the Planning Board, for review and approval, a plan which documents the need for the home in relationship to the specific clientele service; which identifies the location of similar type homes existing in Greene County. The plan will be maintained by the Planning Board and used as a reference document to review future permit applications by the operator or agency.
(d) The operator or agency applying for an occupancy permit to operate a residential home shall provide to the Planning Board the following:
(1) A license or statement of need for a license from the applicable governmental unit which may include: Greene County, the State of Ohio, the Federal Government or other political subdivisions. Prior to the issuance of a final certificate of occupancy, the operator or agency shall provide evidence that a valid license has been or will be issued.
(2) Submit the sponsoring agency's operational and occupancy standards.
(3) Submit such documentation which indicates the supervisory responsibility of the sponsoring agency and the residential home operator.
(e) The occupancy permit issued for a residential home shall be limited to the operator to whom it is originally issued and is not transferable to a subsequent operator.
(f) The Planning Board may issue a temporary conditional use permit for a period of one year. At the completion of the one year time period, the residential home operation shall be reviewed by the Planning Board. The Planning Board may grant a permanent conditional use or deny the conditional use.
(g) A conditional use permit applies only to that specific type of residential home as indicated in the approving legislation duly passed by Council.
(Ord. 34-17. Effective 12-7-17.)
1128.14 CONVALESCENT, NURSING AND REST HOMES.
Convalescent, nursing and rest home residential care facilities are as regulated by Section 173.45 of the Ohio Revised Code.
(Ord. 34-17. Effective 12-7-17.)
1128.15 CHILD CARE FACILITIES, TYPE A.
Child Day Care Type A shall be as regulated by Section 5104.01 of the Ohio Revised Code.
(Ord. 34-17. Effective 12-7-17.)
1128.16 KENNELS.
(a) Outdoor runs shall be setback 100 feet from residentially zoned properties, and fifty feet from any nonresidential properties. Such runs shall be screened from neighboring properties by a masonry wall of a four feet minimum height, additional fencing to insure dogs remain in kennel, and hedges or ornamental trees.
(b) Kennels wholly contained indoors shall be permitted within fifteen feet of a side or rear property line if the following are provided in the kennel area:
(1) No openable windows
(2) A forced air ventilation system
(3) Solid core doors; and
(4) Other measures necessary to sound proof the building so as noise levels on the exterior of the building shall not exceed sixty-five decibels.
(c) Kennels shall not be visible from the front of the lot at the right-of-way line.
(d) Kennels shall demonstrate that they will be sanitary and safe. Provisions for cleaning, hard surface floors, and minimization of barking shall be considered.
(Ord. 34-17. Effective 12-7-17.)
1128.17 MORTUARY.
A mortuary or funeral home shall be permitted, when located on premises with frontage on a street officially designated as an arterial on the "Official Thoroughfare Plan". This use shall not include crematories. All loading areas shall be completely screened to a height of six feet. Lot coverage may not exceed 70% in a residential district.
(Ord. 34-17. Effective 12-7-17.)
1128.18 RECREATIONAL USES, OUTDOOR.
Fixed lighting for these uses shall be located, screened, or fully shielded so that any adjacent residential lots are not directly illuminated.
(Ord. 34-17. Effective 12-7-17.)
1128.19 RELIGIOUS, INSTITUTIONAL, EDUCATIONAL AND CULTURAL STRUCTURES IN RESIDENTIAL DISTRICTS.
(a) Structures in this section shall be allowed a maximum lot coverage of 70%.
(b) Parking areas shall be encouraged not to be created within the required front yard of the zoning district the facility is located within. If constructed closer than the minimum building setback, screening of parking from street shall be required. Parking shall also have interior landscaping as recommended in Chapter 1130: Parking and Loading.
(c) Screening between adjacent residential properties shall be required per Chapter 1130: Parking and Loading, when parking areas are within twenty-five feet of the property lines, or outdoor uses such as shelters and improved recreational areas are proposed.
(d) Landscaping plans shall be submitted prior to issuance of a zoning permit.
(e) The uses activities must be deemed not to be detrimental to neighboring residential uses caused by time and type of activities.
(Ord. 34-17. Effective 12-7-17.)
1128.20 STABLES, COMMERCIAL OR PRIVATE.
(a) Stable buildings and manure piles shall be set back at least 100 feet from other residentially zoned properties.
(b) One acre of secured and dedicated pasture area shall be provided for each horse. Pasture fencing should be setback five feet from any property lines.
(c) The driveway to the stables shall be a hard surface.
(d) Riding rings and show staging areas may be limited to only operating during daylight hours. If lighting or amplification is requested, additional distances and/or mounding may be required.
(Ord. 34-17. Effective 12-7-17.)
1128.21 COMPUTERIZED INTERNET SWEEPSTAKES TERMINAL CAFES.
(a) Computerized internet sweepstakes terminal cafes shall not be located within five hundred (500) feet of a church, public or private school, library, public park or playground, child care center or neighborhood center as measured in a straight line from the nearest portion of the structure in which the computerized internet sweepstakes café use is proposed to the nearest property line of an existing church, school, park, playground and child care of community center.
(b) Computerized internet sweepstakes terminal cafés shall not be located within one thousand (1,000) feet of a residential zoning district, the property lot line of a residential use or any structure containing a residence as measured in a straight line from the nearest portion of the structure in which the computerized internet sweepstakes café use is proposed to the nearest property line of a residential zoning district, the lot line of a residential use or any structure containing a residence.
(c) Computerized internet sweepstakes terminal cafes shall not be located within 1,500 feet of another computerized internet sweepstakes café as measured in a straight line from the nearest portion of the structure in which the computerized internet sweepstakes café use is proposed to the closest external wall of the structure containing an existing computerized internet sweepstakes café use.
(d) All activities associated with the operation of computerized internet sweepstakes terminal cafés shall be conducted wholly within a fully enclosed structure.
(e) Computerized internet sweepstakes terminal cafés shall provide one and one half (1.5) parking spaces for each one machine.
(f) Computerized internet sweepstakes terminal cafés shall be adequately lighted and maintained free from obstruction such that external view into premises from any street facing facade for law enforcement purposes is reasonably provided.
(g) Computerized internet sweepstakes terminal cafés shall only be located on lots which abut a Public Arterial as shown on the Official Thoroughfare Plan of the City of Fairborn.
(h) Computerized internet sweepstakes terminal cafés shall not be permitted to operate between the hours of 12:00 a.m. to 8:00 a.m. of any particular day.
(Ord. 34-17. Effective 12-7-17.)
1128.22 COMMUNITY GARDEN.
(a) Community gardens shall not be used between the hours of 10:00 p.m. and 7:00 a.m.
(b) One structure, no higher than fifteen feet and less than 800 square feet, shall be permitted.
(c) The minimum setback for all structures and growing areas shall be:
(1) Front Yard - 20 feet
(2) Side Yard - 10 Feet
(3) Rear Yard - 10 feet
(d) Any fencing shall:
(1) Be a maximum of four feet in height.
(2) Be a maximum of 50% opaque.
(3) Not contain any razor or barbed wire nor shall it use an electric charge.
(e) Tools and supplies, including pesticides and fertilizers, shall be stored indoors in a secured structure or removed from the property daily.
(f) The use of commercial or industrial equipment is not permitted.
(g) Composting shall:
(1) Be only of materials generated on site and shall be less than 10% of the total site area.
(2) Be kept free of offensive odor and pests and must be located to prevent water runoff from flowing onto an adjacent property.
(h) Maintenance shall be conducted to:
(1) Prevent any chemical, pesticide, fertilizer or other garden waste from encroaching on adjoining property.
(2) Remove all dead plant materials at the end of the growing season.
(i) The on-site sales of products in residential districts are prohibited.
(Ord. 34-17. Effective 12-7-17.)
1128.23 EXTERIOR LIGHTING.
Exterior lighting installed on private premises shall be shielded and directed as necessary to avoid casting direct light upon public streets or upon neighboring properties where such lighting might be considered a nuisance.
(Ord. 34-17. Effective 12-7-17.)
1128.24 HOME OCCUPATIONS.
(a) Home occupations are permitted in any dwelling in any residential zoning district when carried on solely by members of the family residing therein. No wholesale, jobbing or retail business shall be permitted, unless it is conducted entirely by mail, computer, and/or telephone and does not involve the receipt, sale, shipment, delivery, or storage of merchandise on or from the premises. Home occupations requiring a state or local license and/or inspection for occupancy shall not be permitted. Permitted home occupations include the following:
(1) Professional office or service provided that such services limit the number of clients to one at a time.
(2) Personal service type occupations including tailor or personal shopper.
(3) An office for a minister, rabbi, priest or other clergyman.
(4) A studio for an artist, sculptor or author.
(5) Music teaching or other type of instruction provided that such teaching or instruction is limited to one pupil at a time.
(b) In addition to all of the standards applicable to the district in which it is located, all home occupations shall comply with the following requirements:
(1) No person other than members of the immediate family occupying such dwelling shall be employed.
(2) No exterior alteration of the principal building shall be made which changes the character as a dwelling.
(3) No home occupation shall occupy more than 25% of the floor area of the dwelling unit in which it is located.
(4) No mechanical or electrical equipment may be used, except such type as is customary for purely domestic or hobby purposes.
(5) No home occupation shall be operated in such a manner as to cause offensive noise, vibration, odors, smoke or other particulate matter, heat, humidity, glare, electronic interference or otherwise constitute a nuisance or safety hazard to the occupants of nearby properties.
(6) No outdoor storage shall be permitted.
(7) No home occupation shall be conducted in any accessory building.
(8) No sign shall be displayed other than what may be permitted in the Chapter 1131: Signs, sufficient to display the name of the person and the type of home occupation.
(Ord. 34-17. Effective 12-7-17.)
1128.25 OUTDOOR STORAGE AND DISPLAY IN NON-RESIDENTIAL DISTRICTS.
Unless otherwise specified in this Code, the outdoor storage or display of bulk goods including retail and seasonal items such as firewood, landscaping materials, bagged materials, construction materials, mulch and the like shall be controlled by the following regulations:
(a) The outdoor storage or display of merchandise, inventory or materials shall not interfere with required off-street parking or the safe and unobstructed use of vehicular or pedestrian access ways or walkways or block any drainage ways.
(b) Outdoor storage shall be stored in an orderly manner (e.g. stacked) and shall remain free of stagnant water, weeds, insects and vermin.
(c) Outdoor storage or display locations shall be approved by the Zoning Administrator.
(Ord. 34-17. Effective 12-7-17.)
1128.26 FOOD TRUCKS.
(a) Food Trucks may only be located on a lot with a principally permitted use on the same zoning lot, and are conditionally permitted in an PO, NCTR, DC, NC, CC, GC or LI zoning district provided the following conditions can be met:
(b) Food trucks may not conduct sales when parked on a public street unless approved for a City sponsored event or between the hours of 10 pm and 7 am.
(c) The food truck must be licensed by the Greene County Health Department and have a valid business license for food truck operations.
(d) A minimum one-half acre lot is required.
(1) A maximum of 2 food trucks on lots a one-half acre to one acre in size.
(2) A maximum of 4 food trucks on lots greater than one acre.
(e) Temporary outdoor seating is only permitted upon review and approval of the Zoning Administrator.
(f) Food trucks shall not block any ingress/egress or vehicular circulation in a parking lot, loading/unloading area or building entrance.
(g) Food trucks shall not block any fire hydrant or fire lane.
(h) Food truck operations shall be limited to the operating hours of the primary business on the lot.
(i) Food truck operations shall be located a minimum of 100 feet from a residential dwelling.
(j) No audio speakers or on-site/off-site freestanding signage shall be permitted other than what is displayed on the food truck.
(k) Grease, liquid waste and garbage shall not be disposed of on-site.
(l) Food trucks shall be subject to the all other applicable City and County Ordinances related to food operation.
(Ord. 34-17. Effective 12-7-17.)
1128.27 DRIVE-IN RESTAURANTS AND DRIVE-THROUGH BUSINESSES.
Drive-in restaurants and drive-through businesses are permitted in the GC and LI and conditionally permitted in the DC, NC, CC zoning districts, provided:
(a) Minimum site size is one-half acre, with frontage of one 100 feet;
(b) Drive-through automobile storage lanes meet the greater requirement of:
(1) The same setback requirements as are imposed on principal structures, or
(2) Thirty-five feet from the nearest existing or dwelling unit;
(c) A six foot high screening fence may be required to separate the subject zoning lot from abutting residential properties;
(d) Only one business is served by the drive-through window, drive storage lane;
(e) The storage area for waiting cars is at least one-third the gross square footage of the business to be served;
(f) There is an acceptable relationship to the abutting thoroughfare and an adequate on-site circulation pattern.
(Ord. 34-17. Effective 12-7-17.)
1128.28 SOLAR PANELS.
(a) Solar panels are permitted as an accessory use in all districts to promote clean, sustainable and renewable energy resources. The intent of these regulations is to establish general guidelines for the location of solar panels and solar collection systems to prevent off-site nuisances including unreasonable visual interference, light glare and heat that the incorrect placement of solar panels or solar collection systems may create such that they may have a negative effect on surrounding property values.
(b) No solar panel or solar collection system shall be constructed, erected, installed or located proper approval has been obtained pursuant to this Section.
(c) Requirements and Regulations. Solar panels or solar collection systems shall conform to or be evaluated for compliance with the following standards:
(1) The proposed system is no larger than necessary to provide 120 percent of the electrical energy requirements of the structure to which it is accessory to as determined by a contractor licensed to install solar and photovoltaic energy systems.
(2) If roof mounted, the solar or photovoltaic system shall:
A. Be flush mounted on the roof unless good cause is shown by the applicant that the solar panel is not at an appropriate angle to obtain maximum sun exposure if mounted flush to the roof.
B. Be located in the most inconspicuous location on the roof so as not to be seen from the street, if possible, and still be able to function as designed.
C. Not extend higher than the peak of a sloped roof or higher than 5 feet from the top of a flat roof.
(3) If freestanding, the solar or photovoltaic system shall:
A. Not extend more than 10 feet above the existing grade in residential districts. In all other districts, the maximum height of a solar or photovoltaic system will be determined on a case by case basis upon plan review.
B. Not be located in the front yard.
C. Not be located in any required side or rear yard setback areas for accessory uses.
D. Not be positioned so as to reflect sunlight onto neighboring property, public streets or sidewalks, including on any neighboring structures.
E. Be landscaped at the base and the back of the panel structure if structure is visible from neighboring property.
(4) All signs, both temporary and permanent, are prohibited on solar panel or solar collection systems, except as follows:
A. Manufacturer's or installer's identification information on the system.
B. Appropriate warning signs and placards.
(5) Solar panel or solar collection systems shall comply with all applicable sections of the City of Fairborn Building Code and applicable industry standards such as the American National Standards Institute (ANSI), Underwriters Laboratories (UL) or an equivalent third party.
(6) All electrical wires and connections on freestanding solar or photovoltaic collection system shall be located underground.
(d) Utility Connection. Solar panels or solar collection systems proposed to be connected to the local utility power grid through net metering shall adhere to Ohio Revised Code Section 4928.67 or any future corresponding statutory provision.
(e) Maintenance: All solar panel or solar collection systems shall be maintained in good working order.
(f) Procedure for Review. The review and approval of solar panels or a solar collection system shall comply with the following requirements:
(1) Plan Review. A plan shall be submitted for review for freestanding solar panel or solar collection systems. The following items shall be the minimum requirements to be considered a complete application and shall include the following:
A. Property lines and physical dimensions of the applicant's property.
B. Location, dimensions and types of existing structures on the subject property and on properties directly contiguous to the subject property.
C. Location of the proposed solar panel or solar collection system, and associated equipment.
D. System specifications, including manufacturer, model, kilowatt size.
E. Documentation shall be provided regarding the notification of the intent with the utility regarding the applicant's installation if the system will be connected to the power grid.
F. Electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code (typically provided by the manufacturer).
G. Compliance with all development standards as outlined in this Section.
(2) Zoning Compliance. A Zoning Certificate of Compliance must be obtained in accordance with this Zoning Code.
(3) Building Permit. A Building Permit must be obtained from the City, as directed by the Zoning Administrator.
(Ord. 34-17. Effective 12-7-17.)
1128.29 SPECIAL REQUIREMENTS FOR FACILITIES RELATED TO VEHICLES.
Unless otherwise stated, this section shall apply to all vehicle body shops, vehicle fuel sales, vehicle sales, rental, or lease facilities, vehicle service and repair facilities, vehicle self-service stations/convenience stores, vehicle wash facilities and vehicle body shops.
(a) Purpose. It is the purpose of this section to require that uses focused around vehicles, as identified above, be designed, located, used and maintained so as not to create blight, pedestrian and vehicular traffic hazards, and not be detrimental to the development and redevelopment of surrounding areas. In addition, to:
(1) Promote an aesthetically pleasing environment for all new vehicle related facilities, generally;
(2) Reduce noise and visual impacts on abutting and proximate uses;
(3) Ensure adequate drainage, especially for vehicle wash facilities;
(4) Promote safer and more efficient on-site vehicular circulation;
(5) Locate certain facilities, especial vehicle sales, rental or lease facilities so that they are not the dominant land uses of primary commercial or retail corridors; and
(6) Implement the provisions of the City of Fairborn Comprehensive Land Use Plan.
(b) Plan Submission.
(1) The criteria listed in this chapter are to be used as guidelines in approving all principal permitted and conditional use vehicle sales and services, as defined in Chapter 1133: Definitions.
(2) The applicant shall submit for review to the Zoning Administrator copies of a site plan, drawn to scale as identified in the Meeting and Submittal Schedule Guidelines provided by the City, showing:
A. The proposed location, arrangement and dimensions of all buildings, vehicular entrances, exits and driveways and pedestrian walks.
B. The proposed location, arrangement and dimensions of off-street parking, circulation and loading areas, as regulated by Chapter 1130: Parking and Loading.
C. The location of existing buildings and other natural and man-made features on all property contiguous to the property in question including property across public streets.
D. Proposed screening, buffering, landscaping and fences, as regulated by Chapter 1129: Screening, Buffer Yard, Landscaping and Fences.
E. The location and direction of proposed outdoor lighting.
G. The location and capacity of all proposed and existing storage tanks.
H. The location, capacity and screening plan for proposed outdoor storage of vehicles, as regulated by Section 1128.29(h): General Site Design Standards.
(c) Permitted and Prohibited Activities.
(1) No major repair work shall be performed in the open. "Major repair work" is defined as any work requiring two man-hours of effort. Examples of minor repair work permitted include fixing or replacing a tire, battery, headlight, or replacing fluids that do not require draining. All repair work, excluding emergency service shall be conducted only between the hours of 7:00 a.m. and 10:00 p.m.
(2) There shall be no outdoor storage of dismantled, disabled, or inoperable vehicles, except as provided in the Fairborn Codified Ordinances Section 341.12(b) and Section 1128.29(h): General Site Design Standards and regulated by Chapter 1129: Screening, Buffer Yard, Landscaping and Fences. When a conditional use permit is required such storage shall be approved by the Planning Board prior to the issuance of any occupancy permits. All other outdoor storage, except as regulated by Section 1128.29(h): General Site Design Standards shall be prohibited.
(3) There shall be no rental of wheeled vehicles such as trailers, automobiles, and trucks, unless expressly permitted by the Planning Board.
(d) Accessory Uses Located on Same Lot as Vehicles Sales and Services.
(1) Off-street parking, circulation and loading shall be required as regulated by Chapter 1130: Parking and Loading.
(2) Accessory buildings and structures shall be permitted as regulated by Chapter 1128: Supplemental and Accessory Regulations.
(4) Outdoor lighting shall be permitted provided that all lighting fixtures shall be so placed or shielded that the lighting does not disturb adjoining properties.
(5) Screening, buffer yards, landscaping and fences shall be required as regulated by Chapter 1129: Screening, Buffer Yard, Landscaping and Fences.
(6) Outdoor storage of vehicles shall be permitted as regulated by Section 1128.29(h): General Site Design Standards.
(7) Other uses clearly incidental and subordinate to the principal use and not otherwise prohibited shall be permitted.
(e) Height. No building or structure, except fuel dispenser canopies, shall be erected or altered to a height exceeding one story or 15 feet from grade.
(f) Prohibited Locations.
(1) Except for vehicle self-service stations/convenience stores, all vehicle sales and services shall be prohibited on a lot adjoining a Conservation, Suburban Residential, or Medium Density Residential Zoning District.
(2) Vehicle wash facilities shall be prohibited:
A. On a corner lot.
B. Within 300 feet of a residentially zoned or residentially used property.
C. Within 1,000 feet of a lot containing an existing and operational vehicle wash facility.
(3) A vehicle service and repair facility shall be prohibited within 1,000 feet of an existing and operational vehicle service and repair facility,
(4) A vehicle body shop shall be prohibited within 1,000 feet of an existing and operational vehicle body shop.
(g) Area Regulations. Except as superseded by other sections of this Zoning Code the following area and yard requirements shall apply:
(1) No building or structure shall be erected or altered on a lot having an area of less than 20,000 square feet or upon a lot having a frontage on one street of less than 200 feet.
(2) There shall be a front yard having a depth of not less than 50 feet from the building line.
(3) Side yards of at least 20 are required, except on the side of a lot adjoining a dwelling district, in which case there shall be a side yard of not less than 40 feet.
(4) A rear yard of at least 15 feet is required, except where a lot abuts a dwelling district containing a dwelling, in which case there shall be a rear yard of not less than 30 in depth.
(h) General Site Design Standards. All applicable facilities shall express architectural and design character which respect neighboring uses through adherence to the following standards:
(1) Design schemes, including materials and colors which are derived solely from corporate identities are discouraged.
A. Building elements shall not function as signage. Incorporation of franchise or business design elements unique or symbolic of a particular business shall be secondary to the overall architectural design.
B. Bold, brash, intense, fluorescent or metallic accent colors shall only be used in limited application.
(2) All building façades shall express a consistent architectural character, which respects the neighborhood fabric and maintains the continuity of the street. this is accomplished, in part, by ensuring the following features are consistent with the same or similar features found within proximate developments:
A. Building setback, height, width and general proportion;
B. Patterns of windows and doors; roof pitch, shutters, dormers, cornices, eaves and other decorative features; and
C. Building materials.
(3) Blank walls that are visible from streets are prohibited. Façades devoid of openings, such as windows and transparent doors, shall not be permitted on the front façade. Façade openings, including windows, shall be vertical in orientation. Each storefront window panel shall not exceed an area of 21 square feet.
(4) Curbs and bollards shall be used to create a safe zone around fuel dispensers.
(5) Access points and driveways shall be planned and shared between properties to the greatest extent possible. There shall be no more than two access drives per street frontage.
(6) The circulation plan shall demonstrate continuous traffic flow with efficient, non-conflicting movement throughout the site. Conflicts between major pedestrian movement and vehicular circulation shall be minimized.
(7) Landscaping shall complement the existing streetscape to connect the site to the surrounding environment.
(8) Site furniture may be incorporated in the design of all applicable facilities. This includes, but is not limited to bicycle racks, trash receptacles, and benches. The style and quality of the site furniture shall compliment the overall design of the principal building.
(9) Fuel dispenser support structures or islands shall only include fuel dispensers, trash receptacles, pay stations, canopy supports, safety bollards and merchandise as regulated by Subsection 1128.29(h)(10).
(10) All merchandise and material for sale except vehicles, dispensed fuel, motor oil and similar vehicle maintenance fluids and incidental supplies shall be displayed within an enclosed building.
A. Maintenance fluids and incidental supplies may be displayed outdoors, however, such displays shall only occur in outdoor racks or compartments located on or proximate to fuel dispensing islands.
B. In no case shall merchandise such as fertilizer, mulch, plants, salt and similar products sold in bulk be displayed or sold, except within an enclosed building.
C. Wash facilities shall have no more than five façade mounted machines for the distribution of change, tokens and incidental vehicle cleaning supplies.
(11) All cash dispensing ATMs shall be located within the building.
(12) Permitted outdoor storage of motor vehicles as regulated by Section 341.12(b) and outdoor areas or containers holding or storing trash, garbage, recycled or reused materials shall be properly screened from adjoining properties, streets and other public areas as regulated by Chapter 1129: Screening, Buffer Yard, Landscaping and Fences.
(13) All trash containers required shall be constructed and finished to match the design, material, texture and color of the predominate building façade.
(14) Drive-up windows and drive through buildings, excluding bays and similar building openings used for vehicle washing, maintenance and repair, shall be prohibited.
(15) Except as permitted in Subsection 1128.29(h)(10) above, outdoor vending machines shall be prohibited.
(16) Detached accessory buildings and structures are discouraged. When permitted, they shall only be located in a rear yard; be compatible with principal building placement, design, materials, detail, color; and comply with all other applicable general site design standards of this section.
(17) Rest rooms shall only be accessible from the building interior.
(18) All rooftop equipment shall be screened from public view.
(i) Specific Site Design Standards for Vehicle Wash Facilities.
(1) Vehicle wash facilities shall have a minimum lot size of 40,000 square feet.
(2) Accessory equipment, such as vacuum facilities, shall have a minimum front yard setback of 20 feet.
(3) To the extent practicable, the sides of wash bays shall be sited parallel to the front lot line, so that lot frontage is minimized and wash activities are not visible from the public right-of-way.
(4) All wash bays and other building openings shall be capable of being completely enclosed and secured when not in operation.
(5) In addition to the off-street parking requirements of Chapter 1130: Parking and Loading, each motor vehicle wash bay shall have the following stacking capacity for vehicles waiting to be serviced:
A. Three stacking spaces for each bay in a self-service vehicle wash facility; and
B. Six stacking spaces for each in-bay automatic or conveyor vehicle wash facility.
(j) Specific Site Design Standards for Vehicle Sales, Rental or Lease.
(1) Vehicle sales, rental or lease Facilities shall have a minimum lot size of 40,000 square feet.
(2) Floor space dedicated to general vehicle repair, body work and related vehicle services shall be incidental and subordinate to the vehicle sales, rental or leasing activities.
(3) No repair or servicing of trucks in excess of one and one-half ton capacity or industrial equipment of any type or character shall be permitted.
(4) All repaired or serviced vehicles waiting for customer pick-up shall be parked on-site and not within public rights-of-way.
(5) Any damaged, wrecked, unlicensed or junk motor vehicle shall not be stored on-site for purposes other than repair.
(6) All repair and service activities shall be conducted within an enclosed structure.
A. All hydraulic hoists and pits, and all other equipment used for greasing, lubrication, repairs and services shall be conducted completely within an enclosed structure.
B. All structures, whole or part, used for vehicle repair and services shall be constructed, located and used in a manner not to exceed maximum permitted vehicle noise levels as regulated by Chapter 551 of the Fairborn Codified Ordinances.
(k) Specific Site Design Standards for Vehicle Repair Garages and Body Shops.
(1) Motor Vehicle Repair Garages and Body Shops shall have a minimum lot size of 40,000 square feet.
(2) All repaired or serviced vehicles waiting for customer pick-up shall be parked on-site and not within public rights-of-way.
(3) Any damaged, wrecked, unlicensed or junk motor vehicle shall not be stored on- site for purposes other than repair.
(4) All repair and service activities shall be conducted within an enclosed structure.
A. All hydraulic hoists and pits, and all other equipment used for greasing, lubrication, repairs and services shall be conducted completely within an enclosed structure.
B. All structures, whole or part, used for vehicle repair and services shall be constructed, located and used in a manner not to exceed maximum permitted vehicle noise levels as regulated by Chapter 551.
(l) Specific Site Design Standards for Fuel Dispensers and Canopies.
(1) Fuel dispensers and support structures or islands not located within an enclosed building shall be set back at least 25 feet from any property line.
(2) Canopies shall:
A. Be set back 15 feet from the public right of way measured horizontally from any part of the structure including overhang;
B. Not exceed 18 feet in height from grade.
C. Meet the applicable general site design standards of Section 1128.29(h): General Site Design Standards.
(m) Curb Cuts. Curbs shall be required on all streets providing access to the site. No use shall have more than two curb cuts on any one street. The location and angle of an approach in relation to an adjacent highway intersection shall be such that a vehicle entering or leaving the site may turn out of or into the nearest lane of traffic moving in the desired direction and be channeled within this lane before entering the intersection or proceeding along the highway. Applicants are encouraged to develop innovative design proposals. The Planning Board and Council will consider the modification of some of the above requirements if it is felt that such innovative design will promote the public safety and welfare.
(Ord. 34-17. Effective 12-7-17.)
1128.30 SPECIAL REQUIREMENTS FOR LARGE RETAIL DEVELOPMENTS.
(a) Purpose and Intent. The purpose of this section is to provide suitable land for large retail development. Suitable land includes, but is not limited to, lots with proper access to arterial roads and highways, locations and sufficient acreage to accommodate appropriate stormwater and soil/erosion management practices, as well as adequate water and sewerage service. Furthermore, the intent of this chapter is to:
(1) Minimize the massive scale of large retail buildings to ensure that development is compatible with and does not detract from Fairborn's character, scale, and sense of place;
(2) Ensure that building material and colors are aesthetically pleasing and compatible with materials and colors used in adjoining neighborhoods and developments;
(3) Ensure that multiple building entrances for customer are provided and that such entrances provide orientation and character to the building;
(4) Reduce the visual impact of large parking areas;
(5) Require that parking areas, driveway aisles and walkways provide clean, safe, convenient, and efficient access for vehicles and pedestrians; and
(6) Mitigate the visual and noise impacts on surrounding neighborhoods caused by lighting, outdoor storage, trash collection and off-street loading.
(b) Applicability. The regulations in this chapter shall apply to any new construction 75,000 gross square feet or greater in a single building retail development or 100,000 gross square feet or greater in a multiple building retail development, regardless of the number of building tenants. A large retail development shall include a single use or any combination of uses from the following categories as defined and regulated by the NC Neighborhood Commercial, Community Commercial or General Commercial Districts:
(1) Retail and Service;
(2) Offices;
(3) Financial Institutions;
(4) Trade and Services;
(5) Retail Sales and Services; or
(6) Personal Services and Business Services.
(c) Conditional Use and Planned Unit Development Approval.
(1) Any new large retail development identified in Section 1128.30(b): Applicability, shall be conditionally permitted in the GC General Commercial District, and therefore shall be approved by Council in accordance with the conditional use provisions of Chapter 1132: Administration, Process and Procedures.
(e) Facades and Exterior Walls.
(1) Facades shall be articulated to reduce the massive scale and the uniform, impersonal appearances of large retail buildings and provide visual interest that will be consistent with the City's identity, character and scale. The intent is to encourage a more human scale that Fairborn residents will be able to identify with.
(2) Facades greater than 100 feet in length, measured horizontally, shall incorporate wall plane projections or recesses having a depth of at least three percent of the length of the façade and extending at least 20 percent of the length of the facade. No uninterrupted length of any façade shall exceed 100 horizontal feet.
Figure 1128 A: Illustration of wall plane projection and recess requirements.
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(3) Ground floor facades that face public streets shall have arcades, display windows, entry areas, awnings, or other such features along no less than 60 percent of their horizontal length.
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(f) Detail Features.
(1) Buildings shall have architectural features and patterns that provide visual interest at the scale of the pedestrian, reduce massive aesthetic effects, and recognize local character. The elements in the following standard shall be integral parts of the building fabric, and not superficially applied trim or graphics, or paint.
(2) Building facades must include a repeating pattern that shall include no less than three of the elements listed below. At least one of these elements shall repeat horizontally. All elements shall repeat at intervals of no more than 30 feet, either horizontally or vertically.
A. Color change;
B. Texture change;
C. Material module change; or
D. Expression of architectural or structural bay through a change in plane no less than 12 inches in width, such as an offset, reveal, or projecting rib.
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(g) Roofs.
(1) Variations in roof lines should be used to add interest to, and reduce the massive scale of, large buildings. Roof features should complement the character of adjoining neighborhoods.
(2) Roofs shall have no less than two of the following features:
A. Parapets that conceal flat roofs and rooftop equipment such as HVAC units from public view. The average height of such parapets shall not exceed 15 percent of the height of the supporting wall and such parapets shall not at any point exceed one-third of the height of the supporting wall. Such parapets shall feature three-dimensional cornice treatments.
B. Overhanging eaves, extending no less than three feet past the supporting walls.
C. Sloping roofs that do not exceed the average height of the supporting walls, with an average slope greater than or equal to one foot of vertical rise for every three feet of horizontal run and less than or equal to one foot of vertical rise for every 1 foot of horizontal run.
D. Three or more roof slope planes.
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(h) Materials and Color.
(1) Exterior building materials and colors comprise a significant part of the visual impact of a building. Therefore, they shall be aesthetically pleasing and compatible with materials and colors used in adjoining neighborhoods.
(2) Predominant exterior building materials shall be high quality materials. These include, but are not limited to:
A. Brick;
B. Wood;
C. Limestone;
D. Other native stone; or
E. Tinted, textured, concrete masonry units.
(3) Facade colors shall be low reflectance, subtle, neutral or earth tone colors. The use of high intensity colors, metallic colors, black or fluorescent colors is prohibited.
(4) Building trim and accent areas may feature colors brighter than permitted on the facade, including primary colors, but neon tubing shall not be an acceptable feature for building trim or accent areas.
(5) Predominant exterior building materials shall not include the following:
A. Smooth-faced concrete block;
B. Unfinished concrete;
C. Pre-fabricated steel panels; or
D. Vinyl.
(i) Entryways.
(1) Entryway design elements and variations shall give orientation and aesthetically pleasing character to the building.
(2) Each principal building on a site shall have clearly defined, highly visible customer entrances featuring no less than three of the following:
A. Canopies or porticos;
B. Overhangs;
C. Recesses/projections;
D. Arcades;
E. Raised corniced parapets over the door;
F. Peaked roof forms;
G. Arches;
H. Outdoor patios;
I. Display windows;
J. Architectural details such as tile work and moldings which are integrated into the building structure and design; or
K. Integral planters or wing walls that incorporate landscaped areas and/or places for sitting.
(3) Where additional stores will be located in the principal building, each such store shall have at least one exterior customer entrance, which shall conform to the above requirements.
(j) Side and Back Facades.
(1) All facades of a building which are visible from adjoining properties and/or public streets shall contribute to the pleasing scale features of the building and encourage community integration by featuring characteristics similar to the front facade.
(2) All side and back building facades which are visible from adjoining properties and/or public streets shall comply with the requirements of Section 1128.30(e): Facades and Exterior Walls.
(k) Entrances.
(1) Large retail buildings shall feature multiple entrances. Multiple building entrances reduce walking distances from cars, facilitate pedestrian and bicycle access from public sidewalks, and provide convenience where certain entrances offer access to individual stores, or identified departments of a store.
(2) At least two sides of a large retail establishment shall feature customer entrances. The two required sides shall be those planned to have the highest level of public pedestrian activity, and one of the sides shall be that which most directly faces a street with pedestrian access. The other of the two sides may face a second street with pedestrian access, and/or a main parking lot area. All entrances shall be architecturally prominent and clearly visible from the abutting public street. Movie theaters are exempt from this requirement.
(l) Off-Street Parking. Off-street parking shall be regulated by Chapter 1130: Parking and Loading, and as follows:
(1) Off-street parking areas shall provide safe, convenient, and efficient access. Parking shall be distributed around large buildings in order to shorten the distance to other buildings and public sidewalks and to reduce the overall scale of the paved surface. If buildings are located closer to streets, the scale of the complex is reduced, pedestrian traffic is encouraged, and architectural details take on added importance.
(2) No more than 50 percent of the off-street parking area for the lot, tract or area of land devoted to the large retail establishment shall be located between the front facade of the large retail establishment and the abutting streets (the "Front Parking Area"). The Front Parking Area shall be determined by drawing a line from the front corners of the building to the nearest property corners.
(3) No single parking area shall exceed 120 spaces unless divided into two or more sub-areas by a building, internal landscaped street, driveway aisle, or landscaped pedestrian way.
(m) Sides and Rear of Building.
(1) The rear or sides of buildings often present an unattractive view of blank walls, loading areas, storage areas, HVAC units, garbage receptacles, and other such features. Architectural and landscaping features mitigate these impacts.
(2) The minimum setback for any side or rear building facade shall be 35 feet from the nearest property line. Where the side or rear yards faces adjacent residential uses, an earthen berm, no less than six feet in height, containing at a minimum evergreen trees planted at intervals of 20 feet on center, or in clusters or clumps, shall be provided.
(n) Outdoor Storage, Trash Collection and Loading Areas.
(1) Loading areas and outdoor storage areas exert visual and noise impacts on surrounding neighborhoods. These areas, when visible from adjoining properties and/or public streets, shall be screened, recessed or enclosed. While screens and recesses can effectively mitigate these impacts, the selection of inappropriate screening materials can exacerbate the problem. Appropriate locations for loading and outdoor storage include areas between buildings, where more than one building is located on a site and such buildings are not more than 40 feet apart, or on those sides of buildings that do not have customer entrances.
(2) Areas for outdoor storage, truck parking, trash collection or compaction, loading, or other such uses shall not be visible from abutting streets.
(3) No areas for outdoor storage, trash collection or compaction, loading, or other such uses shall be located within 20 feet of any public street, public sidewalk, or internal pedestrian way.
(4) Loading docks, truck parking, outdoor storage, utility meters, HVAC equipment, trash collection, trash compaction, and other service functions shall be incorporated into the overall design of the building and the landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets, and no attention is attracted to the functions by the use of screening materials that are different from or inferior to the principal materials of the building and landscape.
(5) Non-enclosed areas for the storage and sale of seasonal inventory shall be permanently defined and screened with walls and/or fences. Materials, colors, and design of screening walls and/or fences and the cover shall conform to those used as predominant materials and colors on the building. If such areas are to be covered, then the covering shall conform to those used as predominant materials and colors on the building.
(o) Pedestrian Flow.
(1) Pedestrian accessibility opens auto-oriented developments to the neighborhood, reducing traffic impacts and enabling the development to project a friendlier, more inviting image. This section sets forth standards for public sidewalks and internal pedestrian circulation systems that can provide user-friendly pedestrian access as well as pedestrian safety, shelter, and convenience within the center grounds.
(2) Sidewalks at least eight feet in width shall be provided along all sides of that lot that abut a public street.
(3) Continuous internal pedestrian walkways, no less than eight feet in width, shall be provided from the public sidewalk or right-of-way to the principal customer entrance of all principal buildings on the site. At a minimum, walkways shall connect focal points of pedestrian activity such as, but not limited to, transit stops, street crossings, building and store entry points, and shall feature adjoining landscaped areas that include trees, shrubs, benches, flower beds, ground covers, or similar materials.
(4) Sidewalks, no less than eight feet in width, shall be provided along the full length of the building along any facade featuring a customer entrance, and along any facade abutting public parking areas. Such sidewalks shall be located at least six feet from the facade of the building to provide planting beds for foundation landscaping, except where features such as arcades or entryways are part of the facade.
(5) Internal pedestrian walkways provided in conformance with subsection (o)(3) above shall provide weather protection features such as awnings or arcades within 30 feet of all customer entrances.
(6) All internal pedestrian walkways shall be distinguished from driving surfaces through the use of durable, low maintenance surface materials such as pavers, bricks, or scored concrete to enhance pedestrian safety and comfort, as well as the attractiveness of the walkways.
(p) Central Features and Community Spaces.
(1) Buildings shall offer attractive and inviting pedestrian scale features, spaces, and amenities. Entrances and parking lots shall be configured to be functional and inviting with walkways conveniently tied to logical destinations. Bus stops and drop-off/pick-up points shall be considered as integral parts of the configuration. Pedestrian ways shall be anchored by special design features such as towers, arcades, porticos, pedestrian light fixtures, bollards, planter walls, and other architectural elements that define circulation ways and outdoor spaces. Examples of outdoor spaces are plazas, patios, courtyards, and window shopping areas. The features and spaces shall enhance the building and the center as integral parts of the community fabric.
(2) Each retail establishment subject to these standards shall contribute to the establishment or enhancement of community and public spaces by providing at least two of the following:
A. Patio/seating area;
B. Pedestrian plaza with benches;
C. Transportation center;
D. Window shopping walkway;
E. Outdoor playground area;
F. Kiosk area;
G. Water feature; or
H. Clock tower, or other such deliberately shaped area and/or a focal feature or amenity that enhances such community and public spaces.
(3) Any such areas shall have direct access to the public sidewalk network and such features shall not be constructed of materials that are inferior to the principal materials of the building and landscape.
(q) Delivery and Loading Operations.
(1) Delivery and loading operations shall not disturb adjoining neighborhoods, or other uses.
(2) No delivery, loading, trash removal or compaction, or other such operations shall be permitted between the hours of 10:00 p.m. and 7:00 a.m. unless the applicant submits evidence that sound barriers between all areas for such operations effectively reduce noise emissions to a level of 45 dBL, as measured at the lot line of any adjoining property.
(r) External Lighting.
(1) On-site lighting in all unenclosed areas shall not disturb adjoining neighborhoods or other uses.
(2) Light design and installation shall emphasize low-level uniform lighting to avoid abrupt changes from bright lights to darkness. In addition, the development shall conform with all other provisions of the Zoning Code specific to lighting on private property.
(s) Modifications to Design Standards. Council may modify any standard regulated by this chapter under the following circumstances:
(1) The strict application of the standard would result in peculiar and exceptional practical difficulties or exceptional and undue hardship upon the owner of the affected property; or
(2) The alternative site planning and building design approach meets the design objectives as stated in the standard, equally well or better than would compliance with the standard; and
(3) In either of the foregoing circumstances, the modification may be granted without substantial detriment to the public good.
(Ord. 34-17. Effective 12-7-17.)
1128.31 WALL MURALS.
(a) Wall murals shall not be permitted on the front façade of a building.
(b) A wall mural shall not cover, destroy, or materially alter a distinctive architectural or historic feature of a building or structure.
(c) Wall murals may be illuminated with up or down lighting. No glare shall be observed from neighboring properties or the public right-of-way.
(d) Wall murals shall be kept in good repair and free of vandalism.
(e) An application for a wall mural shall be submitted to the Zoning Administrator including the following as a minimum:
(1) A color rendering or digital image of the proposed mural including wall location.
(2) A description of the materials to be used.
(3) Written permission from the owner of the building or structure where the mural is to be located.
(4) Any other information the Zoning Administrator deems necessary to review and evaluate the request.
(Ord. 34-17. Effective 12-7-17.)