Fairport Harbor City Zoning Code
CHAPTER 1125
General Zoning Regulations
1125.01 PROHIBITED USES.
(a) The following uses shall be deemed to constitute a nuisance and shall not be permitted in any District:
(1) Commercial amusement park;
(2) Commercial aviation field;
(3) Metallic powder works;
(4) Crematory;
(5) Distilling of bones, fat or glue; glue or gelatin manufacturing;
(6) Manufacturing or storage of explosives, gunpowder or fireworks;
(7) Dumping, storing, burying, refuding, disposing of or burning garbage, refuse, scrap metal, rubbish, offal or dead animals, except such as the normal use of premises, unless done at a place provided by Council for such specific purpose;
(8) Junkyards, automobile grave yards or places for the dismantling or wrecking of used vehicles, or for the collection or depositing of scrap metal, used paper, rags, used glass or junk for salvage, sale or storage purposes, or for the abandoning of the same, unless done at a place provided for by Council for such specific purposes.
(9) Slaughterhouses;
(10) Trailer parks, trailer camps or trailers for residential use;
(11) Basements for residential purposes, unless residence will be completed within two years, and satisfactory evidence of this intention must be furnished at the time a permit is obtained;
(12) Hospitals and sanitariums for contagious diseases, insane or mental cases or drug or liquor addicts;
(Ord. 2380. Passed 1-18-55.)
(Ord. 2380. Passed 1-18-55.)
(13) Storage, piling or accumulating of building material or bulk material on a lot, unless a Zoning Certificate has been issued for the construction on such lot involving the use of such material.
For the purpose of this Section 1125.01(a)(13), the definition of Bulk Material, Material Storage and Building Material are defined as follows:
A. Bulk Material: Uncontained material such as powder, grain, stone, sand, concrete, asphalt and all aggregates or other such material;
B. Material Storage: Storage of material such as pipe, steel beams, steel wire, or similar products;
C. Building Material: Material used in the construction of buildings or structures. This may include, but not limited to wood, bricks, cinder blocks, steel, aluminum, copper, vinyl siding, asphalt shingles and other similar items.
(Ord. 2013-094. Passed 10-15-13.)
1125.02 NONCONFORMING USES.
(a) A nonconforming use existing at the time the Zoning Ordinance takes effect may be continued, except that if it is voluntarily discontinued for one year or more, it shall then be deemed abandoned and any further use must be in conformity with the uses permitted in such district.
(b) Any building arranged, intended or designed for a nonconforming use, the construction of which has been started at the time of the passage of the Zoning Ordinance, but not completed, may be completed and put to such nonconforming use, provided it is done within one year after the Zoning Ordinance takes effect.
(c) Any building or structure, existing as a nonconforming use at the time the Zoning Ordinance takes effect, which is destroyed by fire or the elements, may be reconstructed and restored, provided the same is done within one year from the date of such destruction.
(d) All provisions herein pertaining to nonconforming uses apply to land uses as well as building uses.
(e) A building or structure devoted to a nonconforming use at the time the Zoning Ordinance takes effect may not be altered or enlarged so as to extend such nonconforming use.
(f) Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted or nonconforming use. (Ord. 2380. Passed 1-18-55.)
1125.03 PUBLIC UTILITIES AND RAILROADS EXCLUDED.
The Zoning Ordinance shall not apply to public utilities or railroads.
(Ord. 2380. Passed 1-18-55.)
1125.04 MINIMUM FLOOR AREA REQUIREMENTS.
District | Minimum Gr. Cover |
"R" Residential 1 Family | |
Ranch Style Home | 1,000 sq. ft. |
Bi-Level Style Home | 1,200 sq. ft. |
Two Story Style Home | 1,400 sq. ft. |
“R” Residential 2 Family | |
One Bedroom | 800 sq. ft. |
Two Bedroom | 1,000 sq. ft. |
Three Bedroom | 1,200 sq. ft. |
Each additional Bedroom | 200 sq. ft. |
"MF" Multi-Family | |
One bedroom | 800 sq. ft. |
Two bedroom | 1,000 sq. ft. |
Three bedroom | 1,200 sq. ft. |
Each additional bedroom | 200 sq. ft. |
Units Per Building | 4 |
Min. Distance Between Buildings | 30 ft. |
"C-1" Neighborhood Business | (Same as MF for residential uses only) |
"C-2" Community Business | (Same as MF for residential uses only) |
"C-3" Service Commercial | None |
"I" Light Industrial | None |
"MI" Marine Industrial | None |
"MR" Marine Recreational | None |
* * * | |
* Note: All floor areas shall be exclusive of basements, porches, garages, breezeways, terraces, attics, closets or partial stories. | |
** Note: Caretaker residence shall meet the same requirements as a single family dwelling. | |
(Ord. 2010-26. Passed 7-6-10.)
1125.05 REQUIRED PARKING FACILITIES.
(a) All dwellings and apartment houses shall provide parking space off the road or street and outside of the public right of way, together with means of ingress and egress thereto, for not less than one motor vehicle per dwelling unit or apartment. Not less than 200 square feet of area shall be deemed necessary for each such vehicle.
(b) Every theater, auditorium, arena, building or grounds used for the assembling of persons to attend theatrical performances, shows, exhibitions, contests, concerts, lectures, entertainments and similar activities shall provide off the street or road and outside of the public right of way parking of not less than 200 square feet of space, suitable for the parking of automobiles and other vehicles, for every four persons to be accommodated. Such parking spaces shall be within 400 feet of the main entrance to such use, shall provide adequate means of ingress and egress and shall be available for the use of such patrons.
(c) All Class C and Class I uses shall provide adequate parking spaces off the road or street and outside of the public right of way for vehicles delivering, unloading, loading or taking away goods, materials, supplies or waste in connection with such business or use.
(Ord. 2380. Passed 1-18-55.)
1125.06 APPROVAL OF VILLAGE ENGINEER REQUIRED; PROCEEDINGS AND TECHNICAL CONTENTS FOR SITE AND GRADING PLANS.
(a) No zoning certificate shall be issued by the Village Zoning Inspector providing for construction, changing of use, or altering the exterior dimensions of any building, including accessory buildings, or changing the use of any premises in any zoning district in the Village until the Village Engineer has indicated his approval of any such action by signature upon the site plan to be submitted to the Village Zoning Inspector pursuant to Section 1137.01.
(Ord. 1993-104. Passed 11-1-93.)
(b) The following is a summary of the procedure that will be required for all applicants:
(1) Submit five site plans to the Zoning Inspector for approval. The Zoning Inspector will keep one for his records and forward four copies to the Village Engineer.
(2) The Village Engineer will review the site plan, note any necessary changes, retain one copy for his records and return the three remaining copies to the applicant.
(3) Submit three remaining site plans with three sets of building plans to the Lake County Building Department who will forward one approved plan to the Zoning Inspector and retain the other for their files.
(4) Final grading inspection and approval by the Building Department and Village Engineer will be based on the final grade elevations as determined by a Registered Surveyor or Engineer (signature and registration number required). "As-built" grades shall be shown on an approved plan.
(5) Adjustments in grading may be required if sufficient conformance to site plan is not met. (Ord. 1981-35. Passed 6-1-81.)
(6) For any new Residential construction, Single Family dwellings (R), the Village Engineer must approve a site plan in order for the Village Zoning Inspector to issue a zoning certificate. This section does not apply to any new additions made to current existing structures.
(Ord. 1995-78. Passed 8-30-95.)
(c) The following information shall be contained on the plan which shall be either 11" x 17" x 22" in size using any standard engineer's scale such as 1" - 20', 1" - 30', etc, and prepared by a registered engineer and/or surveyor (signature and registration number required).
(1) Permanent bench elevation.
(2) Existing and proposed elevation at lot corners.
(3) Existing and proposed elevation at building corners.
(4) Existing elevation at crown of road at intersection of lot lines.
(5) Existing bottom of road ditch or top of curb at intersection of lot lines.
(6) Elevation of sanitary sewer, location and invert and rim elevation.
(7) Elevation of culvert or storm sewer, location and invert and rim elevation.
(8) Proposed elevation of the basement, first floor, and/or slab floor and garage.
(9) Sublot number and subdivision name or tie to the nearest intersecting street.
(10) Front, side and rear set-back of all buildings.
(11) Existing structures within fifty feet of all property lines.
(12) Contour lines shall be shown on entire site and extended fifty feet beyond property lines with intervals as dictated by the following lot slope:
Less than 1% - 6"
1% to 3% - 1'
Greater than 3% - 2'
(13) Distance, size and elevation of adjacent drive culverts.
(14) Size, invert elevation, and acreage of area draining to drive culvert, stream enclosures or storm sewers. Size should be based on minimum three-year storm condition.
(15) Lots adjacent to rivers or streams shall make reference to high water elevations and flood plain limits as instructed by the Village Engineer.
(16) Roof downspout discharge points and direction.
(17) Easements and deed restrictions related to storm drainage facilities which apply to any part of the site shall be shown.
(18) All development will be reviewed for the possible effects of sediment and erosion damage and will be required to conform to the minimum standards of the "URBAN SEDIMENT POLLUTION ABATEMENT RULES" as set forth by the Division of Soil and Water District of The Ohio Department of Natural Resources.
(19) Locate and top all paved areas.
(20) Curb types and grades.
(21) Design of pavements with reference to soil CBR.
(22) Profiles of underground improvements may be required.
(23) Storm water control structures, and other drainage structures including grading and elevations.
(24) Verification and calculations of drainage and pavement facilities.
(d) It is suggested that major developments schedule a pre-design conference with the Village Engineer for any special problems that may be encountered in a given area.
(Ord. 1981-35. Passed 6-1-81.)
(e) Compliance Deposit. In addition to any deposits prescribed under any other provisions of the Village’s Codified Ordinances, all applicants for any zoning or building permit requiring a temporary occupancy permit for all new construction in any zoning district in the Village, or upon filing a preliminary plot plan for approval of said plan which is not in conjunction with the issuance of a zoning permit, shall deposit with the Village a sum in cash, or by a treasurer’s check, a certified check, a irrevocable letter of credit, or a performance bond in the amount of one hundred percent (100%) of the estimated cost for the site plan improvements to be made. The estimated cost for site plan improvements shall be based upon those improvements necessary for completion of the building and/or final plot plan approval which are incomplete at the time of the application for a temporary occupancy permit for all new construction required as a part of the zoning or building permit, or in the instance of a preliminary plan which is not filed in conjunction with a zoning permit, at the time of filing the preliminary plot plan. The compliance deposit may, upon request to the Mayor and with the concurrence of Council, be reduced to a sum not less than twenty-five percent (25%) of the compliance deposit required herein for a preliminary plot plan which is not filed with or in conjunction with the issuance of a zoning permit. The estimate of cost shall be provided by the Village Engineer at the request of the Village Zoning Inspector.
(Ord. 1998-107. Passed 9-15-98.)
1125.07 PERFORMANCE STANDARDS.
No land or building in any district shall be used or occupied in any manner creating dangerous, injurious, noxious, or otherwise objectionable conditions which could adversely affect the surrounding areas or adjoining premises, except that any use permitted by the Zoning Ordinance may be undertaken and maintained if acceptable measures and safeguards to reduce dangerous and objectionable conditions to acceptable limits as established by the performance requirements inclusive.
(a) Air Pollution. Air pollution shall be subject to the requirements and regulations established by the Director of the Ohio Environmental Protection Agency.
(b) Erosion. No erosion, by either wind or water, shall be permitted which will carry objectionable substances onto neighboring properties.
(c) Water Pollution. Water pollution shall be subject to the requirements and regulations established by the Director of the Ohio Environmental Protection Agency.
(d) Electrical Disturbance. No activity shall emit at any point, electrical disturbance adversely affecting the operation of any equipment at any point other than that of the creator of such disturbance.
(Ord. 1981-85. Passed 3-15-81.)
(e) Noise. (Repealed)
(EDITOR’S NOTE: Former subsection (e) hereof was repealed by Ordinance 76-2004, passed July 13, 2004.)
(f) Vibration.
(1) "Steady state vibrations" mean earth-borne oscillations that are continuous. Discrete pulses that occur more frequently than 100 times per minute shall be considered to be steady state vibrations.
(2) "Impact vibrations" mean earth-borne oscillations occurring in discrete pulses at or less than 100 pulses per minute.
(3) "Frequency means the number of oscillations per second of a vibration.
(4) "Three component measuring system" means a device for recording the intensity of any vibration in three mutually perpendicular directions.
A. Maximum permitted steady state vibration displacement. No activity shall cause or create a steady state vibration at any point on any lot line, with a displacement in excess of the permitted steady state vibration displacement for the frequencies as set forth in the following table.
Maximum Permitted Steady State Vibration Displacement | |
Frequency (cycles per second) | Displacement (in inches) |
10 and below | .0008 |
10 - 20 | .0005 |
20 - 30 | .0003 |
30 - 40 | .0002 |
40 - 50 | .0001 |
50 - 60 | .0001 |
60 and over | .0001 |
B. Maximum permitted impact vibration displacement. No activity shall cause or create an impact vibration, at any point on any lot line, with a displacement for the frequencies as set forth in the following table.
Maximum Permitted Impact Vibration Displacement | |
Frequency (cycles per second) | Displacement (in inches) |
10 and below | .0016 |
10 - 20 | .0010 |
20 - 30 | .0006 |
30 - 40 | .0004 |
40 - 50 | .0002 |
50 - 60 | .0002 |
60 and over | .0002 |
(g) Smoke, Dust and Other Particulate Matter.
(1) "Particulate matter" means any finely divided liquid or solid matter capable of being air or gas-borne.
(2) "Dust" means solid particulate matter capable of being air or gas-borne.
(3) "Process weight" means the total weight of all materials used in any process which discharges dust into the atmosphere. Such materials shall include solid fuels, but not liquid or gaseous fuels or combustion air.
(4) "Combustion for indirect heating" means the burning of fuel in equipment, such as steam boilers, water or air heaters, stills, or brew kettles, where there is no contact between the products of combustion and the materials being heated.
(5) "Standard Smoke Chart numbers" mean the numbers on the Standard Smoke Chart indicating graduations of light-obscuring capacity of smoke.
(6) "Smoke" means any visible emission into the open air from any source, except emissions of an uncontaminated water vapor.
(7) "Smoke unit" means a measure of the quantity of smoke being discharged and is the number obtained by multiplying the smoke density in a Standard Smoke Chart number the time of emission in minutes. For example, the emission of Standard Smoke Chart number 1 for one minute equals one smoke unit.
(8) Maximum permitted emission of smoke. The density of emission of smoke normal operations shall not exceed Standard Smoke Chart number 2, and the quantity of smoke shall not exceed a maximum of 10 smoke units per hour per stack.
(9) Maximum permitted emission of dust.
A. Related to combustion for indirect heating. The emission into the atmosphere of dust related to combustion for indirect heating from any source shall not exceed the maximum number of pounds of dust per million British thermal units heat input per hour as set forth herein: The maximum permitted emission shall be 0.50 pounds per minimum-size plants producing a heat input of ten million or less British thermal units per hour and 0.15 for maximum-size plants producing a heat input of 10,000 million or more British thermal units per hour. All intermediate values shall be determined from a straight line plotted on log graph paper.
B. Related to processes. The emission into the atmosphere of process dust or other particulate matter which is unrelated to combustion for indirect heating or incineration shall not exeed 0.50 pounds per hour for 100 pounds of process weight or 50 pounds per hour for 100,000 pounds of process weight. All intermediate values shall be determined from a straight line plotted on log graph paper.
(h) Odorous Matter. The emission of odorous matter in such quantities as to be readily detectable at any point along lot lines or to produce a public nuisance or hazard beyond lot lines is prohibited.
(i) Toxic or Noxious Matter.
(1) "Toxic or noxious matter" means any solid, liquid, or gaseous matter, including but not limited to gases, vapors, dusts, fumes and mists, containing properties which by chemical means are:
A. Inherently harmful and likely to destroy life or impair health, or
B. Capable of causing injury to the well-being of persons or damage to property.
(2) The emission of toxic or noxious matter shall be so controlled that no concentration at or beyond lot lines shall be detrimental to or endanger the public health, safety, comfort, and other aspects of the general welfare, or cause damage or injury to property.
(j) Radiation Hazards.
(1) "Fireproof containers" includes steel or concrete containers and shall not include lead or other low-melting or alloys, unless the lead or low-melting metal or alloys are completely encased in steel.
(2) Unsealed radioactive materials shall not be manufactured, utilized, or stored, unless such materials are stored in a fireproof container at or below ground level, in excess of one million times the quantities set forth in Column 1 of the table in Section 38-2 of the Industrial Code Rule No. 38, relating to Radiation Protection of the New York State Department of Labor.
(3) No one of the following fissionable materials shall be assembled at any one point, place, or work area on a zoning lot in a quantity equal to or in excess of the amount set forth herein:
Material | Quantity (Grams) |
Uranium - 233 | 200 |
Plutonium - 239 | 200 |
Uranium - 235 | 200 |
(k) Fire and Explosive Hazards.
(1) "Slow burning" materials means materials which will not ignite or support combustion during an exposure for five minutes to a temperature of 1,200o F. and which, therefore, do not constitute an active fuel.
(2) "Moderate burning" means materials which in themselves burn moderately and may contain small quantities of a high grade of combustibility.
(3) "Free burning" materials means materials constituting an active fuel.
(4) "Intense burning" materials means materials which by virtue of low ignition temperature, high rate of burning, and large heat evolution burn with great intensity.
(5) "Flammable or explosive" materials means materials which produce flammable or explosive vapors or gases under ordinary weather temperature including liquids with an open cup flash point of less than 100 o F.
(6) "Open cup flash point" means the temperature at which a liquid sample produces sufficient vapor to flash but not ignite when in contact with a flame in a Tagliabue open cup tester.
(7) "Original sealed containers" means containers with a capacity of not more than fifty-five gallons.
(8) Classification. Materials are divided into four classifications or ratings based on the degree of fire and explosive hazard. The rating of liquids is established by specified open cup flash points.
A. Class I includes slow burning to moderate burning materials. This shall include all liquids with an open cup flash point of 182o F. or more.
B. Class II includes free burning to intense burning materials. This shall include all liquids with an open flash point between 100o F. and 182o F.
C. Class III includes materials which produce flammable or explosive vapors or gases under ordinary weather temperature. This shall include all liquids with an open cup flash point of less than 100o F.
D. Class IV includes materials which decompose by detonation, including but not limited to all primary explosives.
(9) Regulations applying to Class I materials or products. Class I materials or products may be stored, manufactured, or utilized in manufacturing processes or other production.
(10) Regulations applying to Class II and Class III materials or products. Class II materials or products may be stored, manufactured or utilized in manufacturing processes or other production only in accordance with the following provisions:
A. Such storage, manufacture or utilization shall be carried on only within buildings or other structures which are completely enclosed by an incombustible exterior wall.
B. Such buildings or other structures shall either be set back at least forty feet from any lot lines, or in lieu thereof, all such buildings shall be protected throughout by an automatic fire extinguishing system.
(11) An activity involving the use or storage of flammable or explosive materials (Class IV) shall be protected by adequate fire-fighting and fire-prevention equipment and by such safety devices as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved.
(l) Humidity, Heat or Glare. Any acitivity producing excessive humidity in the form of steam or moist air, or producing intense heat or glare, shall be carried out within an enclosure and in such a manner as not to be perceptible at or beyond any lot line.
(m) Enforcement Provisions. The Zoning Inspector prior to the issuance of a zoning permit, shall require the submission of statements and plans indicating the manner in which dangerous and objectionable elements involved in processing and in equipment operations are to be eliminated or reduced to acceptable limits of tolerances.
(n) Measurement Procedures. Methods and procedures for the determination of the existence of any dangerous and objectionable elements shall also conform to applicable standard measurement procedures published by the American Standards Association, Inc., New York, the Manufacturing Chemists' Association, Inc., Washington D.C., the United States Bureau of Mines, and the Ohio Environmental Protection Agency.
(Ord. 1981-85. Passed 3-15-81.)
(Ord. 1981-85. Passed 3-15-81.)
1125.08 APPROVAL OF VILLAGE PLANNING COMMISSION REQUIRED; PROCEEDINGS AND TECHNICAL CONTENTS FOR SITE PLAN.
(a) Purpose and Intent: The purpose of the site plan review requirements is to ensure and maintain development practices and patterns to protect the public health and safety of the community and to properly advance the long term community vision and planning goals set forth in the Village Comprehensive Plan. Establishing these regulations will create a planning process to achieve the following:
(1) Promotion of an integrated approach toward site design/development with emphasis upon building design, landscaping, layout;
(2) Provide assurance that a single development and/or one built in phases will be completed in accordance with an approved plan;
(3) Ensure sites are properly designed for traffic circulation and emergency access;
(4) Promote the public health and safety for the residents of Fairport Harbor.
The following process is illustrated in a flow chart (figure 1125.08-1).
 |
Figure 1125.08-1
(b) Requirement.
(1) A site plan is required to be submitted for any use or development involving the new construction, reconstruction or expansion of structures in the C-1, C-2, C-3, M-R, M-1. I, or M-F Districts, or non-residential uses permitted in the Residential Use Districts. This includes any existing or previously approved development that proposes to 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. A site plan will be required for uses in R districts when the improvements are over 500 square feet or if the improvements require design standards approval by the Architectural Review Compliance Officer.
(Ord. 2008-133. Passed 12-16-08; Ord. 2010-28. Passed 7-6-10.)
(2) If a Conditional Use Permit is required, this section and Chapter 1138, Conditional Use Permits, of the Zoning Code must be followed and reviewed by the Village Planning Commission. Conditional Use Permit applications proposed will be subject to design review by the Architecture Review Board.
(3) No construction activity as defined herein shall commence for any application until the site plan has been submitted and approved in accordance with these regulations and the zoning permit is issued.
(c) Informal Review Process: It is recommended that, prior to incurring any expense associated with preparing and submitting a detailed site plan application for consideration, the prospective applicant meets for an informal review with the Zoning Inspector or his/her designated representative. At the discretion of the Zoning Inspector, proposed projects may be subject to an informal review at a meeting of review agency’s officials.
(1) The purpose is to discuss early and informally with the applicant the intent and effect of these zoning regulations and the criteria and standards contained within. This may include any potential variance requests that need to be filed with the Board of Zoning Appeals.
(2) To aid in the discussion, the potential applicant should prepare a discussion plan, drawn approximately to scale, showing the relationship of the development to surrounding properties, location of buildings, and parking areas, internal circulation patterns, proposed size of buildings and uses to be included in the development.
(3) Requests for informal review process that are made at least ten (10) days prior to the next meeting of the Village Planning Commission will be placed on the agenda of the next regularly scheduled meeting. The applicant is encouraged to pre-schedule the meeting with the Zoning Inspector.
(4) No action shall be taken at such a meeting and no discussions, opinions, suggestions, or recommendations discussed at the informal review meeting shall be relied upon by the applicant to indicate any potential and subsequent approval or disapproval of the plan.
(5) At the discretion of the Village, other agencies with appropriate technical advice may attend the meeting.
(d) Site Plan Application and Submission Requirements: All applications shall be submitted to the Zoning Inspector. The application shall be filed by the owner, a group of owners acting jointly, or an authorized agent acting on behalf of the land owner(s). Each application will be accompanied by the required application fee in accordance with the current Fairport Harbor fee schedule. Additional fees may be incurred by the applicant for the cost of plan review by professional consultants, when deemed appropriate by the Village. Application shall include fifteen (15) copies of the following:
(1) Letter of description and justification: Letter should include description of existing and proposed use(s) and building(s), with details that might be considered important such as, type of business, customer traffic, external effects and other pertinent information, and the reason why the proposed site plan is in the public interest.
(2) Letter of approved variance(s): Variances must be granted prior to the application for site plan approval. If applicable, correspondence from the Village Board of Zoning Appeals is required to confirm the details of the granted variance.
(3) Site Plan with the following information: The plan must be prepared, signed and sealed by an Ohio licensed professional engineer, land surveyor or architect and shall include the following:
A. Title, date, north arrow and scale.
B. Name, address, telephone and fax numbers of the owner or authorized agent developer, surveyor, engineer and other consultants.
C. Clearly identified boundary lines, corner pins and dimensions of the subject parcel, including land survey data and parcel numbers, right-of-way lines and right-of-way names.
D. Zoning and land use of subject site and adjacent parcels.
E. Location, size or width of all existing and proposed roadways and driveways, curb cuts, parking areas, pedestrian paths, road rights-of-way, and public transit stops within the site. Include location of parking spaces for disabled drivers. Traffic flow map indicating ingress/egress patterns and internal circulation routes.
F. Existing and proposed sanitary facilities indicating pipe size, grades, invert elevations and locations of manholes.
G. Existing and proposed water facilities including line sizes and locations and hydrant locations.
I. Location and elevations of existing hydrologic features, including natural or man-made surface drainage ways, flood plains and wetlands.
J. Wooded areas, soils of local importance, and known and/or suspected cemeteries, historical or archeological sites.
K. Widths, locations, uses and grantees of all existing and proposed easements and utility lines. Location of all other utilities including but not limited to natural gas, cable TV, electric and telephone.
L. Location and size of existing and proposed freestanding identification, advertising and traffic control devices.
M. Location of all existing and proposed structures, building heights and dimensions, uses, gross floor area, location of entrances, and loading points within 100 feet of site. Include architectural renderings and elevation drawings of dominant building(s) on the site, which accurately reflect the conditions as they will appear upon completion of the development.
N. Dimensions of all building setbacks and building spacing.
O. A Landscaping Plan identifying the following and in accordance with Section 1129.18, Landscaping and Screening Requirements, of the Zoning Code:
1. Outline of all buildings and impervious surface areas.
2. Location of all existing and proposed landscaping, fences and walls, and other screening features with cross-sections.
3. Species, size and condition of all new trees, shrubs, plants, sod and ground cover.
4. Area calculations for all areas used towards landscaping and buffer areas.
5. Legend showing all plant materials, species and common names, sizes, and symbols used on plan, including exact area of coverage.
6. Contour lines at one foot intervals, indicating the location of berms, mounds, detention/retention areas and swales.
7. Phasing lines, if the landscaping is to be installed in more than one season.
8. Irrigation system plans (if applicable).
P. Location of mechanical equipment, trash enclosures, backflow devices, and services areas.
Q. Existing and proposed topographic contours at one foot intervals within 100 ft. of the proposed site.
R. Vicinity map.
S. The following data block must also be included on the site plan
1. Land area within property lines. (acres, square feet)
2. Gross floor area. (square feet)
3. Proposed streets.
4. Number of buildings.
5. Number of stories.
6. Maximum height of buildings.
7. Total building coverage area. (% square feet)
8. Hard surface area. (% square feet)
9. Present zoning.
10. Proposed uses.
11. Building setbacks (front, side and rear).
12. Building spacing.
13. Permitted maximum sign area. (square feet)
14. Proposed sign area.
15. Parking area (square feet).
16. Parking spaces required.
17. Parking spaces provided.
18. Handicap parking required.
19. Handicap parking provided.
20. Interior parking lot landscaping required.
21. Interior parking lot landscaping provided.
22. Loading spaces required.
23. Loading spaces provided.
T. Written verification from appropriate agency that sufficient water and sanitary sewer capacity exists to accommodate the proposed development. If an on-site sewage disposal system is proposed, correspondence from the Lake County General Health District and/or Ohio EPA is required.
U. Proposed landscaping and screening plans indicating the location and nature of existing and proposed vegetation, landscaping and screening elements. Design should be in accordance with parking and buffer requirements set forth in the Village Zoning Code.
V. Deed restrictions, protective covenants, and other legal statements or devices to be used to control the use, development and maintenance of the land, and the improvements thereon.
W. Proposed timetable and schedule for the development of the site.
X. Any other items required by the Village Planning Commission or Zoning Inspector to assist in a complete and proper review of the proposed site plan, including, but not limited, to a traffic impact study.
(e) Approval Process:
(1) Review for completeness: The Zoning Inspector or his/her designated representative shall, within ten (10) days of receiving the site plan application, review the application to determine the accuracy and compliance with the applicable regulations and submission requirements. When the application is deemed sufficient and the fee has been paid, the Zoning Inspector shall officially accept the application for consideration of the action(s) requested on the date such determination is made. Once an application is officially accepted, it shall be placed on the agenda of the Village Planning Commission.
(2) Plan distribution: The Zoning Inspector may distribute the application to the following for review and comment.
A. Regulatory agencies that have statutory authority to subsequently review and approve any aspect of the development.
B. Other agencies which, at the discretion of the Village, may have appropriate technical advice.
C. Appropriate local Village officials and departments.
D. Appropriate professional consultants retained by the Village. All reports, comments or expert opinions shall be returned to the Zoning Inspector.
E. Transmission to the Village Planning Commission: The site plan application and all reports or comments prepared by the individuals in Section 1125.08(e)(2)B. above shall be compiled by the Zoning Inspector or by the Village designee and transmitted to the Village Planning Commission.
(3) Village Planning Commission review criteria: In reviewing the site plan, the Village Planning Commission shall determine that the plan complies with the applicable requirements of this Zoning Code and the following review criteria:
A. The site plan shows a proper relationship exists between thoroughfares, service roads, driveways and parking areas, and the requirements of the Zoning Code.
B. 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.
C. 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.
D. All development features, including the principal buildings, open spaces, service roads, driveways, and parking areas are so located and related as to minimize the possibility of any adverse effects upon adjacent development.
E. The site shall be planned to accomplish a desirable transition with the streetscape, and provide for adequate planting, pedestrian movement and parking areas. Stormwater and water quality measures shall be integrated in the design of parking lots and roof water run off to assure that the run-off water quality is maintained or improved in accordance with Chapter 1128
of this Code.
F. Grading, surface drainage and sediment control provisions will comply with all applicable regulations and requirements of the Village.
G. The design and construction standards of all private streets and any public improvements will comply with the provisions of all applicable agencies including the Village Engineer and Lake County Utilities Department.
H. Maximum possible privacy for adjacent residential properties shall be provided through good building design and landscaping according to the requirements set forth in the Zoning Code.
I. Where applicable, design of buildings shall be developed in accordance with the Fairport Harbor Design Standards. On all site plans, consideration shall be given to the relationship of adjacent development in terms of building height, mass, texture, lines and patterns, compatible integration and character. Design Standards are in accordance with Sections 1129.13 through 1129.17 of the Zoning Code.
J. Building location and placement shall be developed with consideration given to minimizing removal of trees and change of topography.
K. On-site circulation shall be designed to provide for adequate fire and police protection, and safe and efficient pedestrian and vehicular circulation.
L. Roadway systems, service areas, parking areas, entrances, exits, and pedestrian walkways within the development are designed to have access to public streets in a manner that minimizes traffic hazards or congestion.
M. Lighting shall be designed as to create neither a hazard nor a nuisance to adjacent properties and uses.
N. Trash storage and other outdoor storage areas shall be screened from adjacent streets and property in accordance with Section 1129.12 of the Zoning Code, as applicable.
O. If the proposed development is to be carried out in phases, each phase shall have adequate provision for vehicular and pedestrian access, parking, landscaping, and seeding of applicable open space areas and other improvements to serve the development. Each phase shall be provided with temporary or permanent transitional features, buffers, or protective areas in order to prevent any adverse impact on completed phases, future phases and adjoining property.
(4) Village Planning Commission action: Village Planning Commission shall either:
A. Approve the site plan as submitted; or
B. Conditionally approve the site plan subject to the inclusion of specific conditions not originally included in the plan as submitted. Such conditions may include, but not be limited to, improvements to the general lot layout, open space arrangement or on-site control of access to streets. The Zoning Inspector shall issue a letter to the applicant within 7 days specifically stating the conditions placed upon the application; or
C. Deny the site plan because the proposed plan does not meet the requirements and purposes of these regulations. When denied, the Village Planning Commission shall identify the deficiencies and suggest modifications to the site plan that, if made, may bring the site plan into compliance. The Zoning Inspector shall issue a letter to the applicant within 7 days specifically stating the decision of the Village Planning Commission.
D. A modified site plan may be resubmitted for consideration by the Village Planning Commission at a regularly scheduled meeting. The Zoning Inspector shall transmit such plans to the Village Planning Commission, which shall be reviewed in accordance with the criteria set forth in Section 1125.08 (d).
(5) Upon conditional approval of the site plan, the developer shall prepare and submit to the Zoning Inspector a final site plan. The final site plan shall include any modifications required by the Village Planning Commission during the site plan approval procedures. The Zoning Permit will not be issued until conditions placed on the site plan by the Village Planning Commission are met and included by the applicant in the final site plan.
(6) Upon approval of the site plan, the Zoning Inspector shall issue a Zoning Permit for the proposed use.
The Village Planning Commission shall act within sixty (60) days from the date the application was determined to be complete, or an extended period as mutually agreed upon by the applicant and Village Planning Commission.
 |
(f) Expiration of Plan Approval: An approved site plan shall remain valid for a period of twelve (12) months following the date of the issuance of the Zoning Permit, unless the Village Planning Commission authorizes a longer period at the time of approval. If, at the end of that time, construction of the development has not commenced, then approval of the site plan shall expire and be of no effect unless resubmitted and re-approved in accordance with this section. Construction is deemed to have commenced when all necessary excavation and piers or footings of one or more principal buildings included in the site plan, or relevant phase thereof have been completed.
(g) Deviation from plan: Any deviations or alterations from the approved site plan by the Fairport Harbor Planning Commission are prohibited. Upon determination that alternations to the approved plan are necessary, the applicant shall immediately notify the Zoning Inspector who shall make a determination whether or not the applicant shall resubmit the site plan and newly determined alterations to the Village Planning Commission for the purpose of amending the approval.
(Ord. 2008-133. Passed 12-16-08.)
1125.09 APPROVAL OF THE VILLAGE ZONING INSPECTOR REQUIRED.
Proceedings and technical contents for Architectural Design for all districts.
(a) Fairport Harbor Village has created architectural review standards to help retain its character. A zoning permit will not be issued by the Zoning Inspector for construction, or altering the exterior dimensions of any building in C-1, C-2, C-3, M-R, M-I, I, or M-F Districts or non-residential uses permitted in the Residential Use Districts or any construction, or altering the exterior dimensions of any building over the value of $10,000 excluding roofs or accessory building under 600 SF without being approved for architectural design standards listed in Sections 1129.13 to 1129.17.
(b) The owner of the property will submit the plans prepared by a registered architect for the building to the Zoning Inspector.
(c) The Zoning Inspector will review and make a decision on a structure meeting the architectural standards for C-1, C-2, C-3, M-R, M-I, I or M-F Districts or non-residential uses permitted in the Residential Use Districts. If the plans are in conformance with the Sections 1129.13 to 1129.17, then the Zoning Inspector will issue a compliance certificate.
(d) The compliance certificate will be added to the site plan review. The Village Planning Commission shall not approve any site plan that is required to have the compliance certificate without the compliance certificate.
(e) The Zoning Inspector may seek advice from the Planning Commission, Village Architect, or Village Engineer prior to the administrative approval.
(Ord. 2008-133. Passed 12-16-08; Ord. 2010-28. Passed 7-6-10.)