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(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)
(a) If any court of competent jurisdiction invalidates any provision of this code, then such judgment shall not affect the validity and continued enforcement of any other provision of this code.
(b) If any court of competent jurisdiction invalidates the application of any provision of this code to a particular property, structure or situation, then such judgment shall not affect the application of that provision to any other property, structure or situation not specifically included in that judgment.
(c) If any court of competent jurisdiction judges invalid any condition attached to the approval of a development review application, then such judgment shall not affect any other conditions or requirements attached to the same approval that are not specifically included in that judgment.
(Ord. 21-161, passed 12-13-2021)
(a) Purpose. The purpose of these transitional rules is to resolve the status of properties with pending applications or recent approvals, and properties with outstanding violations, on the effective date of this code.
(b) Violations continue.
(1) Any violation that existed at the time this amendment became effective shall continue to be a violation under this code and is subject to penalties and enforcement under Chapter 1244: Enforcement and Penalties unless the use, development, construction or other activity complies with the provisions of this code.
(2) Payment shall be required for any civil penalty assessed under the previous regulations, even if the original violation is no longer considered to be a violation under this code.
(c) Nonconformities continue.
(1) Any legal nonconformity that existed at the time this amendment became effective shall continue to be a legal nonconformity under this code as long as the situation that resulted in the nonconforming status under the previous code continues to exist, and shall be controlled by Chapter 1242: Nonconformities.
(2) If a legal nonconformity that existed at the time this amendment became effective becomes conforming because of the adoption of this amendment, then the situation will be considered conforming and shall no longer be subject to the regulations pertaining to nonconformities.
(d) Processing of applications commenced or approved under previous regulations.
(1) Pending projects.
A. Any complete application that has been submitted or accepted for approval, but upon which no final action has been taken by the appropriate decision-making body prior to the effective date of this code, shall be reviewed in accordance with the provisions of the regulations in effect on the date the application was deemed complete by the city.
B. If a complete application is not filed within the required application filing deadlines in effect prior to the adoption of this code, the application shall expire and subsequent applications shall be subject to the requirements of this code.
C. Any re-application for an expired project approval shall meet the standards in effect at the time of re-application.
D. An applicant with a pending application may waive review available under prior regulations through a written letter to the city and request review under the provisions of this code.
(2) Approved projects.
A. Approved site plans, variances, certificates of appropriateness, conditional uses, zoning permits or other approved plans or permits that are valid on the effective date of this code shall remain valid until their expiration date, where applicable.
B. Any building or development for which a permit or certificate was granted prior to the effective date of this code shall be permitted to proceed to construction, even if such building or development does not conform to the provisions of this code, as long as the permit or certificate remains valid.
C. If the development for which the permit or certificate is issued prior to the effective date of this code fails to comply with the time frames for development established for the permit or certificate, the permit or certificate shall expire, and future development shall be subject to the requirements of this code.
D. Planned unit developments that were approved prior to the effective date of this code shall conform to the approved general development plan and shall be subject to the provisions of Chapter 1220: Planned Unit Developments (PUD).
(e) Vested rights. The transitional rule provisions of this section are subject to the state’s vested rights laws.
(Ord. 21-161, passed 12-13-2021)
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