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Fairlawn City Zoning Code

CHAPTER 1268

R-5 Limited Multiple Dwelling Residence District

1268.01 R-5 USE REGULATIONS.

   Buildings and land shall be used and buildings shall be designed, erected, and altered, moved, or maintained in a Single or Two Family Residence District only for the uses set forth in Schedule 1268.01.
   (a)   Uses Permitted By Right. A use listed in Schedule 1268.01 shall be permitted by right as a principal use in a district when denoted by the letter “P” provided that all requirements of other city ordinances and this Zoning Code have been met;
   (b)   Conditional Uses. A use listed in Schedule 1268.01 shall be permitted as a conditional use in a district when denoted by the letter “C”, provided the Planning Commission first makes the determination that the requirements of Chapter 1287 have been met according to the procedures set forth in Chapter 1241.
   (c)   Accessory Uses. A use listed in Schedule 1268.01 shall be permitted as an accessory use in a district when denoted by the letter “A” provided that the requirements of all other City ordinances and this Zoning Code have been met.
   (d)   Schedule 1268.01 Permitted Uses for Limited Multiple Dwelling Residence District.
 
Schedule 1268.01
Permitted Uses for Limited Multiple Dwelling Residence District
R-5a/R-5b
Limited Multiple Dwelling Residence District
(1)   Residential
   A.   One-family detached dwellings
   P(a)
   B.   Two-family dwelling
   P(b)
 
Schedule 1268.01
Permitted Uses for Limited Multiple Dwelling Residence District
R-5a/R-5b
Limited Multiple Dwelling Residence District
   C.   Multi-family dwellings up to nine (9) dwelling units per acre
P
   D.   Multi-family dwellings up to twelve (12) dwelling units per acre
P
(2)   Group Residential
   A.   Adult care facility for three (3) - (5) persons (Adult family home)
P
   B.   Adult care facility for six (6) - sixteen (16) persons (Adult group home)
C
   C.   Residential facility for five (5) or fewer persons (Foster family home)
P
   D.   Residential facility for six (6) - eight (8) persons (Family home)
P
   E.   Residential facility for nine (9) - sixteen (16) persons (Group home)
C
(3)   Other Uses
   1.   Public service facility
C
P — Use permitted by right; C — Conditional use; A — Accessory use;
Notes to Schedule 1268.01:
(a)   One-family detached dwellings, on individual lots, shall comply with the applicable regulations in Chapters 1258 and 1264.
(b)   Two-family dwellings, on individual lots, shall comply with the applicable regulations in Chapters 1258 and 1266.
 
(Ord. 2010-059. Passed 3-7-11.)

1268.02 HEIGHT REQUIREMENTS.

   (a)   Height shall not exceed two and one-half (2-1/2) stories or thirty-five (35) feet in height, except as provided in Section 1288.02, and that R-5a, R-5b buildings shall have a front setback of one (1) additional foot for each two (2) feet the building exceeds a height of thirty (30) feet.
(Ord. 2010-059. Passed 3-7-11.)

1268.03 FLOOR AREA REQUIREMENTS FOR DWELLING UNITS.

   (a)   In R-5a and R-5b Residence District multi-family dwellings, each one (1) bedroom dwelling unit shall have a minimum dwelling unit floor area of eight hundred fifty (850) square feet, and each two (2) bedroom dwelling unit shall have a minimum dwelling unit floor area of one thousand (1,000) square feet. Any additional bedrooms shall be a minimum of one hundred fifty (150) square feet in area.
   (b)   In the case of a dwelling without a basement, a utility room shall be provided and shall have a minimum of seventy-five (75) square feet of floor area for each dwelling unit. This space shall be in addition to the dwelling unit floor area required.
(Ord. 2010-059. Passed 3-7-11.)

1268.04 AREA, WIDTH AND SETBACK REQUIREMENTS.

   (a)   Except as provided in Chapter 1288, no building or use shall hereafter be erected, established or altered except in conformity with the limitations and requirements specified in the following Schedule 1268.04.
 
Schedule 1268.04
Lot Width and Setback Requirements
Multifamily Dwellings (where permitted)
Minimum Lot Width (ft.)
Minimum Front Setback (ft.)
Least Side Setback Width (ft.)
Minimum Combined Side Setback (ft.)
Minimum Rear Setback (ft.)
R-5a District
125
50
15
35
40
R-5b District
125
50
15
35
40
 
   (b)   Exception. Where lots abut and back onto a railroad right-of-way, the required lot widths as specified above may be reduced by ten (10) feet, provided the lot measures at least two hundred fifty (250) feet in depth, so as to increase the rear yard and allow space for screen planting or some other protective buffer treatment.
(Ord. 2010-059. Passed 3-7-11.)

1268.05 PERMITTED DENSITY (MAXIMUM).

   (a)   R-5a - nine (9) dwelling units per acre.
   (b)   R-5b - twelve (12) dwelling units per acre.
   (c)   Calculating Units. The total number of dwelling units permitted shall be calculated by multiplying the total project area, exclusive of public rights-of-way existing at the time the development plan is submitted, by the number of dwelling units permitted per acre.
(Ord. 2010-059. Passed 3-7-11.)

1268.06 PROHIBITED USE.

   (a)   Boarding House and Rooming House shall not be permitted in an R-5 Limited Multiple Dwelling Residence District.
(Ord. 2014-070. Passed 10-20-14.)