PART TWELVE - PLANNING AND ZONING CODE
Chap. 1210. General Provisions.
Chap. 1212. Administration and Decision-Making Bodies.
Chap. 1214. Review Procedures.
Chap. 1216. Zoning Districts and Principal Use Regulations.
Chap. 1218. Mixed-Use Overlay District (MUO).
Chap. 1220. Planned Unit Developments (PUD).
Chap. 1222. Residential Planned Development District (RPD).
Chap. 1224. Accessory and Temporary Use Regulations.
Chap. 1226. General Development Standards.
Chap. 1228. Architectural Standards.
Chap. 1230. Open Space and Recreation Impact Fee Requirements.
Chap. 1232. Landscaping and Screening Standards.
Chap. 1234. Parking, Access, and Mobility Standards.
Chap. 1236. Sign Standards.
Chap. 1238. Subdivision Design Standards.
Chap. 1240. Renewable Energy Systems.
Chap. 1242. Nonconformities.
Chap. 1244. Enforcement and Penalties.
Chap. 1246. Definitions.
Section
1210.01 Purpose
1210.02 Short title
1210.03 Scope and authority
1210.04 Effective date
1210.05 Applicability
1210.06 Comprehensive land use plan and other city plans
1210.07 Interpretation and conflict
1210.08 Relationship with third-party agreements
1210.09 Severability
1210.10 Transitional rules
1210.11 Restoration of unsafe buildings
1210.12 Use of graphics, illustrations, figures and cross-references
1210.13 Burden of proof
It is the purpose of this planning and zoning code to promote and protect the public health, safety, comfort, convenience and general welfare of the people of Avon Lake through the establishment of minimum regulations governing the subdivision, development and use of land. Furthermore, the more specific purpose of this planning and zoning code is to:
(a) Implement the City of Avon Lake comprehensive land use plan, master thoroughfare plan, comprehensive park and recreation master plan, and other policies or plans adopted by the city as it relates to the development of land;
(b) Encourage and facilitate orderly, efficient and appropriate growth and development;
(c) Protect the character and the values of the residential, business, industrial and recreational areas and to assure the orderly and beneficial development of these areas;
(d) Provide adequate open spaces for light and air for all residents;
(e) Protect private investment into properties and the resulting property values;
(f) Establish appropriate development density and intensity in order to prevent or reduce congestion and to secure the economy in the cost of providing water supply systems, electricity, sewerage systems, streets, and highways, fire and police protection, schools, parks and recreation facilities, and other governmental services;
(g) Manage congestion on the streets, to improve the public safety by locating buildings and uses adjacent to streets in such a manner that they will cause the least interference with, and be damaged least by, traffic movements;
(h) Provide for adequate access to all areas of the city by people of all abilities and by varied modes of transportation;
(i) Encourage interconnectivity of developments in order to provide multiple access points in and out of developments for safety purposes and traffic dispersion;
(j) Improve the quality of life through protection of the city’s total environment, including, but not limited to, the prevention of air, water and noise pollution;
(k) Avoid the inappropriate subdivision or development of lands and provide for adequate drainage, curbing of erosion, and reduction of flood damage; and
(l) Foster a more rational pattern of relationship between agricultural, conservation, residential, business, commercial industrial and institutional uses for the mutual benefit of all.
(Ord. 21-161, passed 12-13-2021)
These regulations shall be known and may be cited as the “Planning and Zoning Code of the City of Avon Lake”, or referred to as the “planning and zoning code” or the “code”. This code may also be referred to as Part 12 of the code of ordinances of the City of Avon Lake, Ohio.
(Ord. 21-161, passed 12-13-2021)
(a) General authority and scope.
(1) The authority for the preparation, adoption, and implementation of this code is derived from R.C. Chapters 711 and 713, which permits the adoption of uniform rules and regulations governing the zoning and subdivision of land, and by the Charter of the City of Avon Lake.
(2) Nothing in this code shall be construed to limit City Council in the exercise of all of the powers to zone or redistrict now or hereafter authorized by the Ohio Constitution, Ohio statutes or the Charter of the City of Avon Lake.
(b) References to the Ohio Revised Code or the Ohio Administrative Code. Whenever any provision of this code refers to or cites a section of the Ohio Revised Code (as amended) or the Ohio Administrative Code (as amended), and that section is later amended or superseded, this code shall be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section.
(Ord. 21-161, passed 12-13-2021)
(a) General applicability.
(1) The provisions of this code shall apply to all land, buildings, structures and uses of land, buildings and structures, or portions thereof, located within the municipal boundaries of the City of Avon Lake. The provisions of this code are the minimum requirements adopted to meet the purposes of this code as established in § 1210.01: Purpose.
(2) The regulations established for each district in this code shall apply uniformly to each class or type of use, land, building or structure, unless modified, varied or waived as provided herein.
(3) No building, structure or land shall be used or occupied and no building or structure or part thereof shall be structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.
(b) Essential services exempted.
(1) The erection, construction, alteration or maintenance by public utilities or municipal departments, boards or commissions, of overhead, surface or underground gas, electrical steam, or water, distribution or transmission systems, collection, communications (except for wireless telecommunication facilities as regulated in this code), supply or disposal systems, including mains, sanitary sewers, water lines, drains, sewers, pipes, conduits, tunnels, wires, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, poles, electrical substation, gas regulator stations and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utility or municipal department, board or commission or for the public health, safety or general welfare, shall be exempt from the regulations of this code. Provided, however, that the installation shall conform to Federal Communications Commission and Federal Aviation Agency rules and regulations, and those of other authorities having jurisdiction.
(2) Buildings required in conjunction with an essential service identified in division (b)(1) of this section shall be subject to the regulations of this code and shall be reviewed as a principal use in accordance with § 1216.05: Allowed Principal Uses. Utility structures, as defined in this code, shall also be reviewed as an accessory use (in the right-of-way) in accordance with § 1224.01: Accessory Uses and Structures.
(Ord. 21-161, passed 12-13-2021)
The administration, enforcement and amendment of this code should be consistent with the most recently adopted version of a comprehensive land use plan for the City of Avon Lake, as amended and herein may be referred to as the “comprehensive plan”, “comprehensive land use plan” or “land use plan”. Such plan, or references to such plan, shall also include other adopted plans within the city that related to development including, but not limited to, a thoroughfare plan, parks and recreation plan and the like. Amendments to this code should maintain and enhance the consistency between this code and the comprehensive land use plan.
(Ord. 21-161, passed 12-13-2021)
(a) Interpretation of provisions. The provisions of this code shall be held to be the minimum requirements, adopted for the promotion of the public health, safety, comfort, morals, convenience and general welfare.
(b) Conflict with other public laws, ordinances, regulations or permits. This code is intended to complement other city, state and federal regulations that affect land use and the division of land. This code is not intended to revoke or repeal any other public law, ordinance, regulation or permit. However, where conditions, standards or requirements imposed by any provision of this code are more restrictive than comparable standards imposed by any other public law, ordinance or regulation, the provisions of this code shall govern.
(c) Repeal of conflicting ordinance. All ordinances or parts of ordinances in conflict with this code or inconsistent with the provisions of this code are hereby repealed to the extent necessary to give this code full force and effect.
(Ord. 21-161, passed 12-13-2021)
(a) This code is not intended to interfere with or abrogate any third-party private agreements including, but not limited to, easements, covenants or other legal agreements between third parties. However, where this code proposes a greater restriction or imposes higher standards or requirements than such easement, covenant or other private third-party agreement, then the provisions of this code shall govern.
(b) Nothing in this code shall modify or repeal any private covenant or deed restriction, but such covenant or restriction shall not excuse any failure to comply with this code.
(c) In no case shall the city be obligated to enforce the provisions of any easements, covenants or other agreements between private parties, even if the city is a named party in and has been granted the right to enforce the provisions of such agreement.
(Ord. 21-161, passed 12-13-2021)
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