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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the Ohio Revised Code (as amended) or the Ohio Administrative Code (as amended), and that section is later amended or superseded, this code shall be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section.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)
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