Section
1214.01 Common review requirements
1214.02 Code text and map amendments
1214.03 Conditional uses
1214.04 Minor subdivisions
1214.05 Major subdivisions
1214.06 Site plans
1214.07 Certificate of appropriateness (COA)
1214.08 Designation of historic landmarks and historic districts
1214.09 Variances
1214.10 Zoning permit
1214.11 Appeals
1214.12 Interpretation of the code
The requirements of this section shall apply to all applications and procedures subject to development review procedures established in this code, unless otherwise stated. While most review procedures are established within this chapter, the procedures for the Mixed-Use Overlay District and the Planned Unit Development review are established in separate chapters.
(a) Summary of review procedures. Table 1214-1 provides a list of all review procedures utilized in the administration and enforcement of this code, the applicable review authority, the type of review hearing or meeting, and the decision-making responsibility of each review authority.
Table 1214-1: Summary of Review Procedures and Meeting/Hearing Type | ||||||
Review Procedure | See Section | City Council | Planning Commission | Zoning Board of Appeals | Historic Preservation Commission | Code Administrator |
Code text or map amendment | PH/D | PM/R | ||||
Conditional use | PM/D | AH/R | ||||
Minor subdivision | D | |||||
Major subdivision: preliminary plat | PM/D | PM/R | ||||
Major subdivision: final plat | PM/D | PM/R | ||||
Site plan | PM/D | |||||
Certificate of appropriateness | PM/D | |||||
Designation of landmark or historic district | PH/D | PH/R | PM/R | |||
Variance | AH/D | |||||
Zoning permit | D | |||||
Appeals | AH/D | |||||
Interpretation of the code | D | |||||
MUO development plan | PH/D | PM/R | ||||
PUD modification | See § 1220.03 | |||||
RPD development plan | PH/D | PH/R | ||||
Abbreviations: | ||||||
PH = Public Hearing | R = Recommendation | |||||
AH = Adjudication Hearing | D = Decision | |||||
PM = Public Meeting | ||||||
(b) Authority to file applications.
(1) Unless otherwise specified in this code, applications for development review procedures defined in this code may be initiated by:
A. An owner of the property that is the subject of the application; or
B. An agent authorized in writing by the owner, which may include a lessee of the property, attorney, or other representative.
(2) Property owners or their authorized agents of all the lots subject to the review or submittal shall be required to sign the application or provide written documentation that all property owners wish to proceed with the application.
(3) The Planning Commission or City Council may initiate code text and map amendments under this code with or without written authorization or application from the property owner who may be affected.
(c) Application submission schedule for the ZBA. The schedule for the submission of applications in relation to scheduled meetings and hearings of the ZBA shall be established by the Code Administrator and made available to the public.
(d) Application contents.
(1) Applications required under this code shall be submitted to the member of the DRC responsible for such applications, as determined by the DRC.
(2) All applications shall be in a form and in such numbers as established by the DRC, and made available to the public.
(3) Applications shall be accompanied by a fee as established by City Council pursuant to division (g): Fees of this section.
(4) Complete application determination.
A. The responsible DRC member shall only initiate the review and processing of applications submitted under this chapter if such application is determined to be complete.
B. An application shall be determined to be complete if the applicant has submitted all of the forms, maps and other submittal requirements required for the specified application.
C. The responsible DRC member shall make a determination of application completeness within five business days of the application filing.
D. If the application is determined to be complete, the application shall then be processed according to the procedures and timelines set forth in this code.
E. If an application is determined to be incomplete, the responsible DRC member shall provide written notice to the applicant along with an explanation of the application’s deficiencies. No further processing of an incomplete application shall occur until the deficiencies are corrected and the responsible DRC member determines that the application is complete.
F. The city shall not be required to process an incomplete application, forward an incomplete application to any decision-making body, or be subject to any required timelines of review for incomplete applications.
G. If the applicant fails to correct all deficiencies and submit a complete application within 60 days of the notice provided by the responsible DRC member, the incomplete application shall not be reviewed, the applicant’s original filing fee shall be forfeited, and the incomplete application shall be deemed withdrawn. The responsible DRC member may grant one 60-day extension if just cause is shown.
H. No reconsideration of an incomplete application shall occur after expiration of the 60-day period, and an applicant in need of further development approval under the code shall, pursuant to all of the original requirements this chapter, submit a new application, and submit a new filing fee.
I. If any false or misleading information is submitted or supplied by an applicant on an application, that application shall be deemed incomplete.
(e) Simultaneous processing of applications.
(1) Whenever two or more forms of review and approval are required by review boards under this code, the DRC shall determine the order and timing of review.
(2) The DRC may authorize a simultaneous review of applications, so long as all applicable requirements are satisfied for all applications.
(f) Pre-application conferences or meetings.
(1) Prior to filing an application, an applicant may be required to meet with the Development Review Committee or, when not required, may request a meeting with the Committee or with any individual member of the Committee.
(2) Where a pre-application meeting is required (i.e., mandatory), such requirement may be waived if the Development Review Committee unanimously agrees that the proposed development or work subject to review is of a small-enough scale as to not warrant a preliminary meeting of the Development Review Committee or that the proposal appears to generally meet all requirements upon an initial review.
(3) An applicant may request a pre-application meeting with a review board for any review procedure in this task. The applicant may request such meeting by submitting a written request to the Development Review Committee for placement on the agenda of the next regularly scheduled meeting or any special meeting that may be called by the applicable review board.
(4) The purpose of the pre-application conference or meeting shall be to discuss the proposed application or project, review submittal requirements and discuss compliance with the provisions of this code and the comprehensive land use plan prior to the submission of an application.
(5) No action can be taken by the staff and/or any review boards until the applicant submits an actual application and/or plan to the city pursuant to the laws and policies of the city. Therefore, all discussions that occur between the applicant and/or applicant’s representative(s) and staff, and/or city review boards, that occur prior to the date the applicant submits an actual application and/or plan including, but not limited to, any informal meetings with city staff, review boards, any pre-application conferences or meetings, are not binding on the city and do not constitute official assurances or representations by the city or its officials regarding any aspects of the plan or application discussed.
(g) Fees.
(1) Any application for development review under this code shall be accompanied by such fee as shall be specified from time to time by ordinance of City Council. There shall be no fee, however, in the case of applications filed by the Mayor, City Council or the Planning Commission.
(2) The fees shall be in addition to any other fees that may be imposed by the city, state, Lorain County or other agency having jurisdiction.
(3) Such fees are adopted to cover the cost to the city for investigations, legal advertising, postage and other expenses resulting from the administration of planning and zoning activities.
(4) Unless otherwise identified in the fee schedule adopted by City Council, no application shall be processed or determined to be complete until the established fee has been paid.
(5) If the city determines that the costs on a particular application will exceed the filing fee as established by City Council as a result of preparation of legal descriptions, maps, studies or other required information, or as a result of the need for professional expert review, study or testimony, the responsible DRC member is authorized to collect such additional costs from the applicant.
(6) Application fees are not refundable except where the responsible DRC member determines that an application was accepted in error, or the fee paid exceeds the amount due, in which case the amount of the overpayment will be refunded to the applicant.
(7) Subdivision related fees. All application fees established in division (g): Fees of this section are due upon submission of the application. Additional fees related to the subdivision process are due as established below or otherwise approved as part of the preliminary plat.
A. Fees for inspections made during and upon completion of all public improvements for subdivisions shall be paid, in full, at the time the final plat is submitted to City Council.
B. All required engineering review fees shall be paid, in full, at the time the final plat is submitted to City Council.
(h) Public notification for public meetings. For all public meetings required by this code, the city shall comply with this code and all applicable state notice requirements.
(i) Public notification for public hearings.
(1) Applications. Applications for development approval that require public hearings, including all adjudication hearings, shall comply with all applicable state requirements and the public meeting notice requirements established in division (h): Public Notification for Public Meetings of this section.
(2) Notice. The responsible DRC member shall be responsible for providing the required notice as specified in Table 1214-2.
(3) Content. Notices for public hearings, whether by publication or mail (written notice), shall, at a minimum:
A. Provide the name of the applicant or the applicant’s agent;
B. Indicate the date, time and place of the public hearing;
C. Describe the land involved by street address, Lorain County parcel identification number or by legal description;
D. Describe the nature, scope and purpose of the application or proposal;
E. Identify the location (e.g., the offices of the Code Administrator) where the public may view the application and related documents;
F. Include a statement that the public may appear at the public hearing, be heard and submit evidence and written comments with respect to the application; and
G. Include a statement describing where written comments will be received prior to the public hearing.
(4) Notice requirements. Published and mailed notice for public hearings shall be provided as defined in Table 1214-2.
Table 1214-2: Notice Requirements | ||
Development Review Procedure | Published Notice | Written (Mailed) Notice |
Code text amendment | Published notice required a minimum of 10 days before the initial public hearing | No written notice is required for a text amendment. |
Zoning map amendment | Written notice shall be sent to all owners of property within 300 feet from the boundary of all properties subject to the rezoning application. The notice shall be required a minimum of 10 days before the initial public hearing Written notice shall not be required where the application involves more than 10 separate lots. | |
RPD development plan | ||
MUO development plan | Published notice required a minimum of 10 days before a public hearing | Written notice to the applicant and all property owners within 300 feet from the boundary of all properties subject to the application shall be required a minimum of 10 days prior to a public hearing. |
Conditional use | ||
Major PUD or RPD modification | ||
Appeals | ||
Variance or subdivision modifications | No published notice is required | Written notice to the applicant and all property owners within 300 feet from the boundary of all properties subject to the application shall be required a minimum of 10 days prior to the hearing. |
Historic landmark or historic district nomination | Published notice required a minimum of 10 days before a public hearing | Written notice shall be provided to all property owners within a proposed historic district at least 10 days prior to a public hearing. Additionally, a public notice shall be posted on the property proposed for a landmark designation or on 4 cornering properties proposed for a historic district designation at least 10 days before a public hearing. |
(5) Published notice.
A. Published notice shall be provided in a newspaper of general circulation and the city may also provide additional published notice by electronic media including, but not limited to, posting online at the city’s website.
B. The content and form of the published notice shall be consistent with the requirements of this section and state law.
(6) Written (mailed) notice.
A. Written notification of property owners shall apply only to the initial presentation of the application for the public hearing in front of the applicable review board.
B. Written notice shall be postmarked no later than the amount of days specified in Table 1214-2 prior to the hearing date at which the item will be considered.
(7) Constructive notice.
A. Minor defects in any notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. Minor defects in notice shall be limited to errors in a legal description, typographical or grammatical errors, or errors of actual acreage that do not impede communication of the notice to affected parties. Failure of a party to receive written notice shall not invalidate subsequent action. In all cases, however, the requirements for the timing of the notice and for specifying the time, date and place of a hearing shall be strictly construed. If questions arise at the hearing regarding the adequacy of notice, the decision-making body shall direct the department having responsibility for notification to make a formal finding as to whether there was substantial compliance with the notice requirements of this code, and such finding shall be made available to the decision-making body prior to final action on the request.
B. When the records of the city document the publication, mailing and/or posting of notices as required by this chapter, it shall be presumed that notice of a public hearing was given as required by this section.
(j) Conduct of public hearing.
(1) Rights of all persons at public hearings. Any person may appear at a public hearing and submit information or evidence, either individually or as a representative of a person or an organization. Each person who appears at a public hearing shall be identified, state his or her address, and if appearing on behalf of a person or organization, state the name and mailing address of the person or organization being represented.
(2) Continuance of a public hearing or deferral of application review.
A. An applicant may request that a review or decision-making body’s consideration of an application at a public hearing be deferred by submitting a written request for deferral to the Code Administrator prior to the publication of notice as may be required by this code. The Code Administrator may grant such requests, in which case, the application will be considered at the next regularly scheduled meeting.
B. A request for deferral of consideration of an application received by the Code Administrator after publication of notice of the public hearing as required by this code shall be considered as a request for a continuance of the public hearing, and may only be granted by the review or decision-making body.
C. The review or decision-making body conducting the public hearing may, on its own motion or at the request of the applicant, continue the public hearing to a fixed date, time and place provide the date, time and place is publicly announced at the time of continuance.
(k) Withdrawal of application. Any request for withdrawal of an application shall be either submitted in writing to the Code Administrator or made through a verbal request by the applicant prior to action by the review or decision-making body.
(1) The Code Administrator shall approve a request for withdrawal of an application if it has been submitted prior to publication of notice for the public hearing on the application in accordance with this code.
(2) If the request for withdrawal of an application is submitted after publication of notice for the public hearing in accordance with this code, the request for withdrawal shall be placed on the public hearing agenda and acted upon by the review or decision-making body.
(l) Examination and copying of application and other documents. Documents and/or records may be inspected and/or copied as provided for by state law.
(m) Notification of decisions.
(1) When City Council is responsible for making a final decision on any application, the Clerk of Council shall be responsible for providing notice of the decision to the applicant.
(2) When Planning Commission or the Zoning Board of Appeals is responsible for making a final decision on any application, the secretary or clerk of each board shall be responsible for providing notice of the decision to the applicant. Where a secretary or clerk is not appointed, the Code Administrator may designate a staff member to provide notice to the applicant.
(n) Effect of any approvals.
(1) The issuance of any approval or permit under this code shall authorize only the particular development, alteration, construction or use approved in the subject application.
(2) All approvals shall run with the land or use and shall not be affected by change in ownership.
(o) Modifications or amendments of approved applications.
(1) For any review procedure, the Code Administrator is authorized to allow minor changes related to design of an approved application where the change is insignificant and has minimal impact to the overall design of the development or subdivision. This shall not give the Code Administrator the authority to vary the requirements of this code or any conditions of approval.
(2) Where the Code Administrator determines that the proposed modification, amendment or change is not minor, the applicant shall be required to resubmit an application and payment of additional fees for the application to be reviewed in accordance with the procedures and standards established for its original approval.
(p) Reapplication after denial of an application. If an application is denied, the applicant may:
(1) Appeal the decision in accordance with the applicable appeals procedure established in this code;
(2) Make changes to the application that will fully address all issues and findings identified for the denial and resubmit a new application, including any required fees. Any such resubmission shall contain evidence that shows how the new application has substantially changed to address each of the findings of the original decision. The Development Review Committee shall have the authority to determine if the evidence submitted substantially changes the application to address all issues as part of the complete application determination in division (d)(4) of this section. If it does not, the Development Review Committee shall return the application, with reasons for their determination in writing, along with any paid fees; or
(3) Submit the same application after a 24-month waiting period; or
(4) Submit a new application if the proposed use and design of the site will be substantially different than the denied application.
(q) Subsequent development.
(1) Development authorized by any approval under this section and this code shall not be carried out until the applicant has secured all other approvals required by this code or any other applicable provisions of the city’s code of ordinances.
(2) The granting of any approval or permit shall not guarantee the approval of any other required permit or application.
(3) The city shall not be responsible for reviewing the application for compliance with any permits, certificates or other approvals that may be required by Lorain County, the state or other agencies having jurisdiction.
(r) Records. The city shall maintain permanent and current records of all applications and the decisions related to those applications in City Hall.
(s) Computation of time.
(1) In computing any period of time prescribed or allowed by this code, the date of the application, act, decision or event, from which the designated period of time begins shall not be included. The last date of the period of time to be computed shall be included, unless it is a Saturday, a Sunday or a legal holiday observed by the city where the city administrative offices are closed for the entire day, in which case the period runs until the end of the next day which is not a Saturday, a Sunday, or a legal holiday.
(2) When the period of time prescribed is less than seven days, intermediate Saturdays, Sundays and legal holidays shall be excluded from the computation (i.e., business days and not calendar days).
(3) When the city offices are closed to the public for the entire day which constitutes the last day of the period of time, then such application, act, decision or event may be performed on the next succeeding day which is not a Saturday, a Sunday, or a legal holiday observed by the city in which the city administrative offices are closed for the entire day.
(4) All days shall be calendar days, including weekends, unless otherwise stated as business days, in which case the time excludes weekends.
(Ord. 21-161, passed 12-13-2021)
(a) Purpose. The purpose of the code text and zoning map amendment procedure is to provide a process for amending the zoning map and text of this code.
(b) Applicability. This section shall apply to requests to amend the text of this code or amend the Official Zoning District Map of the City of Avon Lake, Ohio, hereafter referred to as the “zoning map.”
(c) Initiation.
(1) For a zoning map amendment of a specific property, any person who has authority to file an application for such property may initiate an amendment by filing an application with the Code Administrator.
(2) Only members of the Development Review Committee, City Council or the Planning Commission may initiate code text amendments.
(3) City Council may initiate a code text or map amendment by referring a recommendation on an amendment to the Planning Commission.
(4) The Planning Commission may initiate a code text or map amendment by adopting a motion to make such amendment.
(d) Code text or map amendment review procedure. The review procedure for a code text or map amendment shall be as follows:
(1) Step 1 - Pre-application meeting (required). An applicant shall be required to have a pre-application meeting with the Development Review Committee to informally discuss the application and any concept plans. Such meeting shall be subject to § 1214.01(f).
(2) Step 2 - Application.
A. For amendments that are not initiated by the Planning Commission or City Council, the applicant shall submit an application in accordance with § 1214.01: Common Review Requirements, and with the provisions of this section.
B. Amendments initiated by City Council shall be referred to the Planning Commission for initiation of review.
(3) Step 3 - Development Review Committee review.
A. Upon determination that a text or zoning map amendment application is complete, the Development Review Committee shall review the application and may distribute the application to other departments or agencies for review and comment.
B. The Development Review Committee will review the application and provide a summary report of comments to the applicant.
C. Upon receipt of comments, the applicant shall have the option to make revisions to the application and plans based on the comments prior to being forwarded to the Planning Commission or may request that the application be forwarded to the Planning Commission without revisions. In all cases, the Development Review Committee will forward their report to the Planning Commission.
(4) Step 4 - Planning Commission review and recommendation.
A. The Planning Commission shall review the application at its next regularly scheduled meeting, or at a special meeting, after the application is determined to be complete.
B. In reviewing the application, Planning Commission shall at a minimum, consider the review criteria of this section.
C. Within 45 days of the initial meeting to review the application, the Planning Commission shall make a recommendation to City Council on the application. In making its recommendation, the Planning Commission may recommend approval, approval with some modification, or denial of the application.
D. If the Planning Commission fails to make a recommendation within the established timeframe, or an extended timeframe approved by the applicant, the application will move forward to Step 5 with a recommendation of approval.
(5) Step 5 - City Council review and decision.
A. Following receipt of the recommendation from the Planning Commission (Step 4), the application shall be placed on City Council’s agenda for the next regularly scheduled meeting, if in compliance with notification requirements, or City Council shall set a time for a public hearing on the proposed amendment that is no more than 60 days from receipt of the Planning Commission’s recommendation.
B. Notification of the public hearing shall be provided in accordance with § 1214.01(i).
C. City Council shall review a text or zoning map amendment application during a public hearing. In reviewing the application, City Council shall at a minimum, consider the recommendation from Planning Commission and the review criteria of this section.
D. City Council shall adopt, adopt with some modification, or deny the recommendation of the Planning Commission. Such action shall only require concurring vote of a simple majority of City Council unless the City Council votes to approve, in any form, an application where the Planning Commission recommended denial, in which case the approval shall require a three-fourths majority vote of City Council.
E. If the City Council fails to make a decision within 180 calendar days, or an extended timeframe approved by the applicant, the application shall be deemed approved.
F. The effective date of any amendment shall be in accordance with the applicable provisions of the Charter.
(e) Review criteria. Recommendations and decisions on code text or map amendment applications shall be based on consideration of the following review criteria. Not all criteria may be applicable in each case, and each case shall be determined on its own facts:
(1) The proposed amendment is consistent with the comprehensive land use plan, other adopted city plans, and the stated purposes of this code;
(2) The proposed amendment is necessary or desirable because of changing conditions, new planning concepts or other social or economic conditions;
(3) The proposed amendment will promote the public health, safety and general welfare;
(4) The proposed amendment, if amending the zoning map, is consistent with the stated purpose of the proposed zoning district;
(5) The proposed amendment, if to the zoning map, follows lot lines or the centerlines of streets, railroads or other rights-of-way.
(6) The proposed amendment is not likely to result in significant adverse impacts upon the natural environment, including air, water, noise, stormwater management, wildlife and vegetation, or such impacts will be substantially mitigated;
(7) The proposed amendment will not constitute spot zoning where special treatment is given to a particular property or property owner that would not be applicable to a similar property, under the same circumstances; and/or
(8) The proposed amendment is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract.
(Ord. 21-161, passed 12-13-2021; Ord. 23-46, passed 3-13-2023)
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