(a)   The purpose of this chapter is to provide adequate review by the Planning Commission of proposed developments in those zoning districts where the uses permitted are of such a nature, because of their size, scale or effect on surrounding property, that review of specific plans is deemed necessary to protect the public health, safety, and general welfare of the community.

(Ord. 2010-059. Passed 3-7-11; Ord. 2020-021A. Passed 6-15-20.)

   Review of a preliminary site plan and a final site plan shall be conducted in compliance with the following:

      (1)   Open Space/Conservation and multi-family developments, excluding three-family dwellings;

      (2)   New construction of all permitted uses in the "M" and "B" Districts;

      (3)   New construction of all conditional uses; and,

      (4)   Any existing or previously approved development meeting the criteria of paragraphs (1) through (3) above that proposes to alter, reconstruct, or otherwise modify a use or site including expanding the floor area of the permitted use; increasing the number of dwelling units in a multi-family development; or changing the use which requires an increase in the amount of parking or a change in the site's circulation.

      (1)   A change of occupancy in an existing structure, or in a previously approved final site plan, when there is no change in the bulk of the structure, and no change in the parking required and no change in use, shall be exempt from the site plan review procedures.

      (2)   Individually developed one-family detached dwelling units and individually developed two and three-family dwellings shall not be subject to site plan review. However, these uses shall seek and receive approval for a Zoning Certificate as specified in Chapter 1238, Zoning Certificates and Certificates of Zoning Compliance.

(Ord. 2010-059. Passed 3-7-11; Ord. 2020-021A. Passed 6- 15-20.)

   Site plan reviews should proceed and generally move in phases to include:

   (a)   Preliminary site plan reviewed by the Planning Commission. The preliminary site plan phase may be omitted when, in the opinion of the Planning Commission, the project is too minor to warrant preliminary site plan review; and,

   (b)   Final site plan reviewed by the Planning Commission. If an application requires a variance, see Section 1240.16.

(Ord. 2010-059. Passed 3-7-11; Ord. 2020-021A. Passed 6-15- 20.)

   Site plans, including preliminary and final, shall be reviewed and distributed according to the following procedures:

(Ord. 2010-059. Passed 3-7-11; Ord. 2020-021A. Passed 6-15-20.)

   When a minor alteration is proposed to an existing building, structure or site arrangement or a previously approved final site plan on a zoning lot otherwise subject to site plan review pursuant to Section 1240.02, the Zoning Administrator may approve the application as specified in this section.

   (a)   For the purposes of this section, a minor alteration shall include:

      (1)   Small, incidental alterations of existing off-street surface parking lots;

      (2)   Small, incidental construction of accessory structures;

      (3)   Incidental additions or alterations to principal buildings on large zoning lots; and,

      (4)   Minor design modifications that will have no discernible impact on neighboring properties, the public, or those intended to occupy or use the proposed development.

   (b)   The Zoning Administrator shall review the proposal to determine that the proposal is not contrary to and complies with all applicable regulations in this Zoning Code and will not result in any material adverse impact to the site or surrounding areas.

   (c)   After reviewing the application, the Zoning Administrator shall:

      (1)   Approve the site plan as submitted; or,

      (2)   Deny the site plan when the application does not demonstrate that the required standards have been met.

(Ord. 2010-059. Passed 3-7-11; Ord. 2020-021A. Passed 6- 15-20.)

   (a)   Preliminary Site Plan. An application for preliminary site plan review shall include a plan for the entire area of the proposed project and shall be submitted to the Zoning Administrator. The preliminary site plan shall be drawn to an appropriate scale and shall include:

      (1)   The completed application form, along with the application fee;

      (2)   The location of all existing structures and access points;

      (3)   The general location of existing buildings, parking areas and access drives on parcels within two hundred (200) feet of the site;

      (4)   The general location of all proposed construction including buildings, structures, accessory buildings and structures, solar and wind energy facilities, parking areas, and access points;

      (5)   The location of existing and proposed topography, major vegetation features, and wooded areas;

      (6)   The general layout of the proposed internal road system, indicating the proposed vehicular right-of-way of all proposed public streets and pedestrian circulation;

      (7)   The general location of common open space; and,

      (8)   A summary table showing total acres of the proposed development, the number of acres devoted to each type of land use including streets and open space, and the number of proposed dwelling units by type.

         A.   A statement of the location of the property;

         B.   The present zoning of the property;

         C.   Name and address of the owner of the property;

         D.   Name and address of the applicant;

         E.   The relationship of the applicant to the property owner, if any;

         F.   A short statement reciting why the intended use would benefit the overall good planning for the City of Fairlawn.

         A.   The type of proposed building and its location on the site;

         B.   Exterior dimensions of the proposed building;

         C.   Dimensions of all setbacks, parking areas, drives and walkways;

         D.   Description of the site, with topographical maps showing existing and generally proposed grading contours, including integration into and topography on adjacent lands, all existing buildings, wooded areas and trees of substantial size, land within any flood plain district, the planned building usage, lot numbers and subdivision of plats;

         E.   Statement of usable (rentable) floor space in square feet for office or professional buildings;

         F.   Statement of seating capacity for restaurants, bars and taverns, funeral homes, and theaters, etc.;

         G.   Statement and depiction of off-street parking for the proposed building indicating the number of spaces for the physically challenged (handicapped) and regular spaces provided;

         H.   Storm and sanitary sewer ties;

         I.   Surface drainage flow;

         J.   Underground wiring;

         K.   Outside lighting;

         L.   Mechanical equipment including, but not limited to, heating and air conditioning, wind and solar energy facilities whether such facilities are proposed on the roof of the building or elsewhere on the site, and the appropriate screening therefor;

         M.   Screened trash receptacles, if outside building;

         N.   Sidewalks; and,

         O.   Landscaping plan.

         P.   Location and size of any structure/vault required by The City of Akron Water Department.

         Q.   Other information as may be required by staff and consultants.

         A.   All elevations shall be drawn to the same scale, and be drawn at a reasonable scale to enable the architect and Planning Commission to adequately review the information submitted.

         B.   Each elevation shall show the accurate location of windows, doors, portals and other architectural features and all materials and finishes.

         C.   Samples of colors and building materials, colored renderings, and photographs of the site shall accompany the elevations as necessary to convey the appearance of the structure.

         D.   Drawings may be submitted in an electronic format compatible with the City's systems. Paper drawings may be submitted provided that the sheet size does not exceed thirty-six (36)" x forty-two (42)".

      (4)   Materials, design and location of all sidewalks, fences, light poles, trash receptacles, benches and other similar amenities.

      (5)   The layout and design of any outdoor plazas, including the location of any landscaping and lighting features and a list of amenities such as chairs, tables and other similar features planned to be used in the outdoor plaza.

      (6)   The location of any appurtenant and/or accessory structures and a general description of any plans to screen such structures including materials to be used.

   When the application is required by this Code to be submitted to the Planning Commission, the Zoning Administrator shall report such omissions or waivers, and their reasons therefore, to the Planning Commission and the Commission, by the affirmative vote of all members of the Commission in attendance at the meeting at which such omissions or waivers are considered, may approve such omissions or waivers. If the Planning Commission does not so approve, then the applicant shall supplement the plans as directed by the Planning Commission.

(Ord. 2010-059. Passed 3-7-11; Ord. 2020-021A. Passed 6-15-20.)

   The Planning Commission shall review a preliminary site plan to determine if such application complies with the review criteria set forth below. The Planning Commission shall take into consideration the comments and recommendation of staff and consultants. In order to approve a preliminary site plan, the Planning Commission shall determine that:

   (a)   The plan is consistent with the Comprehensive Plan, when applicable;

   (b)   The appropriate use and value of property within and adjacent to the area will be safeguarded;

   (c)   The development will result in a harmonious grouping of buildings within the proposed development and in relationship to existing and proposed uses on adjacent property; and,

   (d)   The development will preserve and be sensitive to the natural characteristics of the site in a manner that complies with the applicable regulations set forth in this Zoning Code.

(Ord. 2010-059. Passed 3-7-11; Ord. 2020-021A. Passed 6-15- 20.)

   In reviewing final site plans, the Planning Commission shall review the site plan to determine if such application complies with the review criteria set forth below. The Planning Commission shall take into consideration the comments and recommendation of staff and consultants when reviewing the application. In order to approve a final site plan, the Planning Commission shall determine that:

   (a)   The plan is consistent with any plan for the orderly development of the City and, when applicable, conforms in all respects to the approved or provisionally approved preliminary site plan and the regulations of this Zoning Code;

   (b)   The appropriate use and value of property within and adjacent to the area will be safeguarded;

   (c)   The development will result in a harmonious grouping of buildings within the proposed development and in relationship to existing and proposed uses on adjacent property;

   (d)   Adequate provision is made for safe and efficient pedestrian and vehicular circulation within the site and to adjacent property;

   (e)   The development will have adequate public service, parking; and open spaces;

   (f)   The development will preserve and be sensitive to the natural characteristics of the site in a manner that complies with the applicable regulations set forth in this Zoning Code;

   (g)   The development will provide adequate lighting for safe and convenient use of the streets, walkways, driveways, and parking areas;

   (h)   Points of ingress/egress to the development shall be controlled and designed in such manner as to minimize conflicts with adjacent properties and developments;

   (i)   Adequate provision is made for emergency vehicle access and circulation. Adequate provision is made for fire hydrants and fire fighting water supply;

   (j)   Site lighting is designed to minimize direct light, glare, and excessive glow, which unreasonably interferes with the use and enjoyment of adjacent property;

   (k)   The landscape plan will adequately:

      (1)   Enhance the principal building and site;

      (2)   Maintain existing trees to the extent possible;

      (3)   Buffer adjacent incompatible uses;

      (4)   Break up large expanses of pavement with natural material; and,

      (5)   Provide appropriate plant materials considering the ultimate mature size and shape of plants relative to the buildings and site, and the climate of the area, including typical weather conditions.

   (l)   Adequate provision is made for storm drainage within and through the site so as to maintain, as far as practicable, usual and normal swales, water courses and drainage areas, and shall comply with the applicable regulations in this Zoning Code, The City of Fairlawn Stormwater Drainage Manual, and any other design criteria established by the City or any other governmental entity which may have jurisdiction over such matters; and,

   (m)   If the project is to be carried out in progressive stages, each phase shall be so planned that the foregoing criteria are complied with at the completion of each phase.

(Ord. 2010-059. Passed 3-7-11; Ord. 2020-021A. Passed 6-15-20.)

   (a)   In their review of an application, the Planning Commission or the Zoning Administrator may request that the applicant supply additional information that the Commission or the Zoning Administrator deems necessary to adequately review and evaluate the proposed development.

(Ord. 2010-059. Passed 3-7-11; Ord. 2020-021A. Passed 6-15-20.)

   (a)   If the proposed development includes the subdivision of land, the development shall be subject to the requirements of the Subdivision Regulations in accordance with Title Four of Part Twelve of the City's Codified Ordinances. Final site plan approval and subdivision plat approval may proceed simultaneously at the discretion of the Planning Commission.

(Ord. 2010-059. Passed 3-7-11; Ord. 2020-021A. Passed 6-15-20.)

   (a)   The Planning Commission shall review the site plan according to the applicable criteria in Section 1240.07 and Section 1240.08.

   (b)   Following its review, for a preliminary or final site plan, the Planning Commission shall:

      (1)   Approve the site plan as submitted; or

      (2)   Approve the plan subject to specific conditions not included in the plan as submitted, such as, but not limited to, improvements in the setback layout, open space arrangement, on-site control of access to streets, or such features as fences, walls and plantings to further protect and improve the proposed and surrounding developments; or

      (3)   Deny the site plan when the application does not demonstrate that the required standards have been met.

   (c)   For a preliminary or final site plan, the Planning Commission may also postpone the site plan for the next scheduled Planning Commission meeting, demonstrating to the applicant an acceptable alternative plan.

   (d)   The City shall, by registered or certified mail, promptly furnish the applicant with its written report on the preliminary site plan or its decision on the final site plan.

      (1)   At the Zoning Administrator's discretion, there shall be executed by the owner or applicant an agreement to construct required physical improvements located within the public rights-of-way or easements or connected to any public facility; and the applicant shall execute and deliver to the City a performance guarantee approved by the City Engineer in the amount of the estimated cost of the required physical improvements as determined by the City Engineer. The agreement and the performance guarantee shall provide for completion of all work within a time specified to be determined by the City Engineer or before occupancy is allowed in any structure, whichever shall occur first.

      (2)   The approval of the final site plan or the installation of improvements as required by this Zoning Code shall not obligate the City to accept improvements for maintenance, repair or operation. Acceptance shall be subject to local or state regulations where applicable, concerning the acceptance of each type of improvement.

(Ord. 2010-059. Passed 3-7-11; Ord. 2020-021A. Passed 6-15-20.)

   (a)   An approved final site plan shall become for the proposed development a binding commitment of the specific elements approved for development. The approved final site plan may be transferred to another person, corporation, or group of individuals or corporations. A request for such a transfer or change of ownership shall be presented to the Zoning Administrator and granted only if the new ownership entity satisfies the administrative, financial, legal and all other performance guarantees approved with the original, final site plan.

   (b)   All construction and development under any building permit shall be in accordance with the approved, final site plan. Any departure from such plan shall be cause for revocation of the Zoning Certificate and the property owner or other responsible parties are subject to penalties as prescribed by this Zoning Code.

      (1)   Changes in an approved preliminary or final site plan shall be resubmitted for approval in accordance with this chapter.

      (2)   Approval by the Planning Commission of a modification or amendment to a previously approved final site plan under the terms and provisions of this chapter shall not extend or alter the time limitation established by Section 1240.13, which time shall continue to be measured from the date of approval of the original, final site plan.

(Ord. 2010-059. Passed 3-7-11; Ord. 2020-021A. Passed 6-15-20.)

   An approved site plan shall remain valid for a period of twelve (12) months following the date of its approval, unless the Planning Commission authorizes a longer period at the time of approval.

(Ord. 2010-059. Passed 3-7-11; Ord. 2020-021A. Passed 6-15-20.)

   In reviewing an application, the Planning Commission may find that a final site plan either adheres or is equivalent to the requirements in certain portions of this Zoning Code. The Planning Commission may make findings of equivalency with regard to the requirements in Chapter 1284, Off-Street Parking and Loading and Chapter 1296, Landscaping, Screening, and Open Space Regulations as well as the minimum green space requirements of this Zoning Code.

   (a)   The Planning Commission may consider elements of a final site plan to be equivalent to a requirement if:

      (1)   The proposed final site plan substantially complies with all specific requirements and with the purposes, intent and basic objectives of the zoning district, the applicable chapter, and the Zoning Code;

      (2)   Through imaginative and skillful design in the arrangement of buildings, open space, streets, access drives and other features, as disclosed by the application, the proposal results in a development of equivalent or higher quality than that which could be achieved through strict application of such standards and requirements; and,

      (3)   The development, as proposed, shall have no adverse impact upon the surrounding properties or upon the health, safety or general welfare of the community.

   (b)   It shall be the responsibility of the applicant to demonstrate to the Planning Commission that the provisions of this section have been satisfied and that the public interest is served by the Planning Commission making a finding of equivalency.

   (c)   When evaluating the application with respect to this section, the Planning Commission shall make any finding of equivalency in writing which explains how and why the proposal has satisfied the above criteria. When making such a finding, the Commission may approve the proposed application, as if the application were in strict compliance with the standards and requirements in this Zoning Code.

   (d)   Approval under this section is not a variance. Instead, this section allows applicants to satisfy zoning requirements in ways not anticipated by the City.

(Ord. 2010-059. Passed 3-7-11; Ord. 2020-021A. Passed 6-15-20.)

   (a)   Decisions by the Planning Commission granting or denying approval of final site plans shall be final. Final administrative actions of the Planning Commission may be subject to judicial review in accordance with R.C. Chapter 2506, if otherwise provided by law.

(Ord. 2010-059. Passed 3-7-11; Ord. 2020-021A. Passed 6-15-20.)

   (a)   When development proposals do not fully meet the requirements of the Zoning Code, the plan may be submitted to the Board of Zoning and Building Appeals in application for granting of a variance, as provided for in Chapter 1242.

   (b)   When the development application requires approval of both a site plan and a variance, the applicant may decide which approval, site plan or variance, may be sought first.

(Ord. 2010-059. Passed 3-7-11; Ord. 2020-021A. Passed 6-15-20.)