§ 1214.01 COMMON REVIEW REQUIREMENTS.

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	1214.02	PH/D	PM/R
Conditional use	1214.03	PM/D	AH/R
Minor subdivision	1214.04					D
Major subdivision: preliminary plat	1214.05	PM/D	PM/R
Major subdivision: final plat		PM/D	PM/R
Site plan	1214.06		PM/D
Certificate of appropriateness	1214.07				PM/D
Designation of landmark or historic district	1214.08	PH/D	PH/R		PM/R
Variance	1214.09			AH/D
Zoning permit	1214.10					D
Appeals	1214.11			AH/D
Interpretation of the code	1214.12					D
MUO development plan	1218.03	PH/D	PM/R
PUD modification	1220.03	See § 1220.03
RPD development plan	1222.03	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)

§ 1214.02 CODE TEXT AND MAP AMENDMENTS.

(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.”

(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)

§ 1214.03 CONDITIONAL USES.

(a) Purpose. The purpose of a conditional use procedure is to allow consideration for certain uses that due to their unique and special nature relative to location, design, size, operations, circulation and general impact on the community, need to be evaluated on an individual basis.

(b) Applicability. This section shall apply to all applications for establishment of a conditional use as may be identified in this code.

(2) Step 2 - Application. The applicant shall submit an application in accordance with § 1214.01: Common Review Requirements, and with the provisions of this section.

(3) Step 3 - Development Review Committee review.

A. Upon determination that a conditional use 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.

(4) Step 4 - Planning Commission review and recommendation.

A. The Planning Commission shall hold a public hearing on the conditional use application at its next regularly scheduled meeting, or at a special meeting, after the application is determined to be complete.

B. Notification of the public hearing shall be provided in accordance with § 1214.01(i).

C. See § 1212.04(b)(4) for special provisions provided to the Planning Commission as part of a conditional use review.

D. In reviewing the application, the Planning Commission shall at a minimum, consider the review criteria of this section.

E. Within 60 days of the close of the public hearing, the Planning Commission shall make a recommendation on the application to City Council. In making its recommendation, the Planning Commission may approve, approve with modifications or supplementary conditions, or deny the application.

F. If the Planning Commission fails to make a recommendation within the established timeframe, or an extended timeframe approved by the applicant, the application shall be deemed approved.

(5) Step 5 - City Council review and confirmation or rejection.

A. City Council shall review the Planning Commission’s recommendation at a regularly scheduled meeting or special meeting.

B. By a majority vote, City Council may:

1. Confirm the recommendation of Planning Commission; or

2. Reject the recommendation of the Planning Commission.

C. Failure of City Council to act within 90 days from the date City Council receives the recommendation from the Planning Commission, shall be deemed a confirmation of the Planning Commission’s recommendation.

(d) Review criteria. Decisions on a conditional use application shall be based on consideration of the following review criteria. All conditional uses shall be subject to review under the criteria of this section, as applicable, and may be subject to additional use-specific standards.

(1) The proposed conditional use is established as an allowed conditional use in the applicable zoning district;

(2) The proposed use is consistent with the spirit, purpose and intent of the comprehensive land use plan, the general purpose of this code, and the purpose of the zoning district in which the conditional use will be located;

(3) The proposed use complies with any use-specific standards as may be established for the use;

(4) The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety or general welfare;

(5) The proposed use will comply with all applicable development standards;

(6) The proposed use will be harmonious with the existing or intended character of the general vicinity, and such use will not change the essential character of the same area;

(7) The conditional use will not be hazardous or disturbing to the existing and future use and enjoyment of property in the immediate vicinity for the uses permitted, nor substantially diminish or impair property values within the neighborhood;

(8) The proposed use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;

(9) Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided;

(10) Adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion on the surrounding public streets; and considering the proximity of access drives to street intersections relative to the anticipated volume of traffic.

(11) The design of the buildings, structures and site will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance;

(12) The establishment of the conditional use will not be detrimental to the economic welfare of the community by creating excessive additional requirements at public cost for public facilities such as police, fire and schools;

(13) There is minimal potential for future hardship on the conditional use that could result from the proposed use being surrounded by uses permitted by right that may be incompatible; and

(14) Wherever no specific areas, frontage, height, or setback requirements are specified for a specific conditional use, then such use shall be subject to the lot and site regulations for the applicable zoning district.

(e) Additional criteria and conditions. The Planning Commission may impose such conditions, guarantees and safeguards as it deems necessary to protect the general welfare and individual property rights, and to ensure that the conditional use will meet the intent and purposes of this code.

(f) Revocation of a conditional use approval. The breach of any condition, safeguard or requirement shall automatically invalidate the conditional use approval, and shall constitute a violation of this code. Such violation shall be punishable as specified in Chapter 1244: Enforcement and Penalties.

(g) Time limit.

(1) A conditional use approval shall be deemed to authorize only one particular conditional use and said permit shall automatically expire if, for any reason, the conditional use shall cease for more than two years.

(2) The applicant shall submit a completed application for a zoning permit within one year of the date the conditional use was approved or the approval shall expire.

(3) Upon expiration of a conditional use approval, a new application, including all applicable fees, shall be required before a conditional use application will be reviewed.

(4) Upon written request, one extension of one year may be granted by the Code Administrator if the applicant can show good cause for a delay.

(5) As part of the conditional use approval, the Planning Commission may authorize alternative time limits for zoning permit issuance based on the scale of the proposed development.

(h) Appeals. Any person or entity claiming to be injured or aggrieved by any final action of City Council shall have the right to appeal the decision the Court of Common Pleas as provided in R.C. Chapters 2505 and 2506.

(Ord. 21-161, passed 12-13-2021; Ord. 24-33, passed 3-25-2024)

§ 1214.04 MINOR SUBDIVISIONS.

(a) Purpose. The purpose of the minor subdivision process is to allow for small subdivisions of land, consolidation of lots or transfer of a portion of a lot to an adjacent lot where there will not be the creation of a new street, dedication of right-of-way or a need for any public improvements.

(b) Applicability.

(1) For the purposes of these regulations, a minor subdivision is a lot split, lot consolidation (including combination of lots into a zoning lot) or transfer of land between adjacent property owners that complies with all of the following requirements:

A. The subdivision shall not result in or create more than five lots, including the remainder of the original lot (e.g., four new lots and the remainder of the original lot);

B. The subdivision shall be in compliance with all applicable site development standards in this code or with any approved variance from such standards;

C. All lots resulting from the minor subdivision shall have frontage and access on an existing street and shall not require the construction, expansion, or improvement of any street;

D. The subdivision shall not require any public improvements or the dedication of rights-of-way;

E. The property has been surveyed and a survey sheet or record plan, in the form provided for in this code, and a full legal description of the changes resulting from the split, are submitted with the application; and

F. No landlocking of parcels shall occur without adequate reciprocal easement agreements or common ownership arrangements that allow for all parcels to have access to a public right-of-way.

(2) A minor subdivision also includes the recombination of land, consolidation of lots, transfer of property from one lot to an adjacent lot, and for the dedication of additional land for the widening of existing streets, where no new lots are created.

(1) Step 1 - Application.

A. The applicant shall submit an application in accordance with § 1214.01: Common Review Requirements, and with the provisions of this section.

B. The application shall include a deed or other instrument of conveyance in compliance containing an accurate and current legal description based on a boundary survey, of each proposed new lot.

C. If the minor subdivision involves the transfer of land area from one lot to an adjacent lot, both property owners shall be required to authorize the application instruments of conveyance shall be submitted for both resulting lots.

(2) Step 2 - Development Review Committee review. Upon determination that the application for a minor subdivision is complete, the Development Review Committee shall review the application and may distribute the application to other departments or agencies for review and comment prior to the decision in Step 3.

(3) Step 3 - Review and decision.

A. Within 30 days of the determination that the application (Step 1) is complete, the Development Review Committee shall review the application and make a recommendation to the Code Administrator who shall have the authority to make the decision to approve or deny the application for a minor subdivision based on the review criteria established below. An extension on the decision may be granted with approval from the applicant.

B. If the Code Administrator denies an application for a minor subdivision, the Code Administrator shall provide the applicant with written finding for the denial.

C. If the application is approved, the Code Administrator and City Engineer shall be required to sign the conveyance.

(4) Step 4 - Recording.

A. If the application is approved, the Code Administrator and City Engineer shall sign and date all required deeds in the minor subdivision, or other forms of conveyance allowed by the Lorain County Auditor.

B. The subdivider shall then be responsible for submitting the signed conveyance with the Lorain County Auditor for the transfer of property and to the Lorain County Recorder for the recording of the lots as legal lots of record and providing a copy of said conveyance to the Code Administrator, after recording.

C. In the case of a transfer of land between two adjacent lots, the recording of the revised lots shall take place simultaneously.

D. If the application includes a consolidation of lots to create a zoning lot, then the applicant shall be required to conduct a legal survey of the consolidated lot to submit to the county. See § 1226.01(b)(2).

E. Within 30 days after all required deeds are recorded in the office of the County Recorder, the applicant shall provide the Code Administrator with all new permanent parcel numbers assigned to the new lots by Lorain County.

(d) Review criteria. In order for a minor subdivision to be approved, the Development Review Committee shall review and make recommendations, and the Code Administrator must determine the following:

(1) The Development Review Committee unanimously agrees on a recommendation to approve the application;

(2) That the minor subdivision complies with all applicable provisions of this code including, but not limited to, the development standards of § 1226.01: Lot and Principal Building Regulations;

(3) That the minor subdivision complies with all other applicable regulations of the city; and

(4) That all valid objections to the minor subdivision raised by the departments of the city have been or will be satisfactorily resolved by the applicant.

(e) Variances. If the proposed subdivision requires a deviation from the minimum site development standards (e.g., lot area, lot width and the like) or other standards mandated by this code in § 1226.01: Lot and Principal Building Regulations, the applicant will be required to apply for and receive variance approvals prior to approval of the minor subdivision. (See § 1214.09: Variances.)

(f) Time limit. The minor subdivision approval shall expire one year after the Code Administrator signs and dates the minor subdivision unless the minor subdivision is recorded in the office with the Lorain County Recorder during said period.

(g) Appeals. Any person or entity claiming to be injured or aggrieved by any final action with respect to the proposed minor subdivision shall have the right to appeal the decision to the ZBA as established in § 1214.11: Appeals.

(Ord. 21-161, passed 12-13-2021)

§ 1214.05 MAJOR SUBDIVISIONS.

(a) Purpose. The purpose of the major subdivision process is to provide a method of review for any subdivision that exceeds the scope of a minor subdivision.

(b) Applicability. Any subdivision of land or replat of an existing subdivision that does not meet the applicability requirements of a minor subdivision in § 1214.04(b), shall be subject to the requirements of this section.

(2) Step 2 - Application and filling of the preliminary plat.

A. The applicant shall submit an application, including a preliminary plat, in accordance with § 1214.01: Common Review Requirements, and with the provisions of this section.

B. The preliminary plat shall be prepared, signed, and sealed by an engineer or surveyor who is qualified and registered in the state.

(3) Step 3 - Development Review Committee review.

A. Upon determination that the application for a major subdivision is complete, 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.

(4) Step 4 - Review and recommendation on the preliminary plat by the Planning Commission.

A. The Planning Commission shall review the preliminary plat application at its next regularly scheduled meeting, or at a special meeting, after the application is determined to be complete.

B. In making its recommendation, the Planning Commission shall approve, approve with conditions, or deny the preliminary plat. The Planning Commission may also continue the meeting if questions regarding the plat are not satisfactorily addressed by the applicant.

C. The Planning Commission shall make a recommendation within 60 days of the filing of the preliminary plat (Step 2) unless the Planning Commission and subdivider agree to an extension of this time frame. If the Planning Commission fails to act within the 60 days or there is no agreement for an extension of time, the application for a preliminary plat will be considered approved.

(5) Step 5 - Review and decision on the preliminary plat by City Council.

A. The City Council shall review the preliminary plat application at its next regularly scheduled meeting, or at a special meeting, following the receipt of recommendation from the Planning Commission

B. In making its decision, the City Council shall approve, approve with conditions, or deny the preliminary plat. The City Council may also continue the meeting if questions regarding the plat are not satisfactorily addressed by the applicant.

C. The City Council shall make a decision within 60 days of the filing of the preliminary plat (Step 2) unless the City Council and subdivider agree to an extension of this time frame. If the City Council fails to act within the 60 days or there is no agreement for an extension of time, the application for a preliminary plat will be considered approved.

D. If the City Council denies the preliminary plat, the applicant shall not move forward in the review process until a preliminary plat is approved by the City Council.

E. In the event the City Council denies the preliminary plat or approves with conditions, the Code Administrator, on behalf of the City Council shall provide the subdivider with a statement in writing setting forth the reasons for the denial or the conditions of approval.

F. Approval of the preliminary plat by the City Council does not constitute approval of the subdivision, but is merely an authorization to proceed with the preparation of the final plat and improvement plans.

(6) Step 6 - Submission of improvement plans and final plat.

A. The applicant shall submit the final plat and related improvement plans and specifications in accordance with § 1214.01: Common Review Requirements, and with the provisions of this section. The submission of the improvements plans may occur prior to the final plat or simultaneously. Such improvement plans must be approved prior to the final plat’s review by Planning Commission.

B. The submission shall also include a subdivider’s agreement in conformance with § 1238.05: Subdivider’s Agreement. Such agreement shall be considered a part of the improvement plans and must be approved with such improvement plans.

C. If a preliminary plat has been previously approved, the final plat shall have incorporated all changes required in the preliminary plat approval.

D. The applicant shall submit all necessary improvement plans, subdivider’s agreement (see § 1238.05: Subdivider’s Agreement), and a final plat for review within two years of the decision on the preliminary plat unless an alternative schedule is approved as part of the preliminary plat approval or the subdivider can show just cause for extending the deadline. For phased subdivisions, the deadline shall apply to the first phase of the subdivision. Failure to submit the final plat within this time frame shall void the preliminary plat approval and the subdivider will be required to submit a new application in accordance with these regulations.

E. If the applicant proposes to provide a financial guarantee for the public improvements in lieu of installing all public improvements prior to approval of the final plat, the applicant shall be required to provide all information required as part of § 1238.06: Pavement Guarantee and Financial Guarantees.

F. Upon determination by the Code Administrator that the improvement plans and final plat has been properly submitted, the final plat shall be accepted as being filed.

G. In cases where the applicant proposes to develop the subdivision in phases, the final plat and improvement plans shall be submitted for each individual phase.

H. The final plat and improvement plans shall be prepared, signed and sealed by an engineer or surveyor who is qualified and registered in the state.

(7) Step 7 - Development Committee Review on the final plat and improvement plans.

A. Upon determination that the submission of the final plat and improvement plans, including the subdivider’s agreement, is complete, the Development Review Committee shall review the application and plans, and may distribute the application and plans 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 final plat 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.

D. The City Engineer or engineering consultant(s) to the city shall have the authority to make a decision on the improvement plans and subdivider’s agreement prior to review of the final plat by Planning Commission and City Council based on comments and revisions suggest by the Development Review Committee and other agencies having jurisdiction.

E. Construction of improvements. All improvements shall be constructed in accordance with the subdivider’s agreement in § 1238.05: Subdivider’s Agreement.

(8) Step 8 - Review and recommendation on the final plat by the Planning Commission.

A. The Planning Commission shall review the final plat at its next regularly scheduled meeting, or at a special meeting, after the final plat is submitted and determined to be complete.

B. The Planning Commission shall make a recommendation to approve, approve with conditions, or deny the final plat. The Planning Commission may also continue the meeting if questions regarding the plat are not satisfactorily answered by the applicant.

C. The Planning Commission shall make a recommendation within 60 days of the filing of the final plat (Step 6) unless the Planning Commission and subdivider agree to an extension of this time frame. If the Planning Commission fails to act within the 60 days or there is no agreement for an extension of time, the application for a preliminary plat will be considered approved.

D. If the Planning Commission denies the final plat, the applicant shall not move forward in the review process until a final plat has a recommendation for approval by the Planning Commission.

(9) Step 8 - City Council review and decision on final plat and acceptance of improvements by City Council.

A. The City Council shall review the final plat at its next regularly scheduled meeting, or at a special meeting, following the review and recommendation from the Planning Commission (Step 8).

B. The City Council shall make a decision within 60 days of the receiving the final plan and recommendation from the Planning Commission unless the City Council and subdivider agree to an extension of this time frame. If the City Council fails to act within the 60 days or there is no agreement for an extension of time, the application for a preliminary plat will be considered approved.

C. If City Council denies the final plat, the applicant shall not move forward in the review process until a final plat and the improvement plans are approved by City Council.

D. The city, through action by the City Council, may approve the final plat and accept public improvements made by a subdivider that meet the following conditions:

1. The public improvements have been made in accordance with the requirements of this code, and any other manuals or documents referenced in § 1238.03: Conformity with Plans and Regulations;

2. Installation of the public improvements has been completed in accordance with the applicable design standards;

3. All final inspections required by these regulations have been carried out by the city, and said public improvements were found to be acceptable by the Code Administrator; and

4. After all public improvements have been installed to the satisfaction of the city, the subdivider shall submit an original copy of as-built improvement plans (showing how all public improvements were actually installed) to the Code Administrator in a format acceptable to the Code Administrator.

E. After all public improvements have been installed in accordance with the subdivider’s agreement and these regulations and the subdivider has complied with this section, the City Council may, by ordinance, accept the public improvements for maintenance with any applicable financial guarantee.

(10) Step 9 - Disposition of approved plat and recordation.

A. All required deeds, agreements and other required legal instruments shall be submitted to the Code Administrator within 45 days from the date of the Planning Commission’s approval or such approval shall thereafter be rendered null and void.

B. Before an approved plat can be recorded, it shall be signed by the Code Administrator, the Clerk of Council and the Law Director only provided that all conditions imposed by the Planning Commission and Council, as applicable, have been met. Any plat recorded which has not been approved according to the regulations in this chapter shall be considered invalid.

C. The subdivider shall then be responsible for submitting the signed plat to the Lorain County Recorder for the recording of the lots as legal lots of record and providing a copy of said plat to the city after recording.

D. The approval of a plat shall expire within 120 days after City Council approval is effective unless the plat has been duly filed and recorded, by the applicant as required by law.

(d) Review criteria. In order to approve a major subdivision, the Planning Commission and City Council, as appropriate, shall determine the following:

(1) That the major subdivision complies with all applicable provisions of this code;

(2) That the major subdivision does not conflict with other regulations, plans or policies of the city;

(3) That the proposed subdivision is designed to be harmonious with the existing immediate or surrounding area or in keeping with the intended character of such area;

(4) That the proposed streets are in accordance with the master thoroughfare plan and have been coordinated with existing streets and that adequate measures have been taken to provide ingress and egress so as to minimize traffic congestion in public streets;

(5) That the proposed subdivision will not adversely affect the delivery of governmental services;

(6) That any comments from applicable review agencies been adequately considered and addressed by the applicant; and

(7) That the final plat and improvement plans conform to the approved preliminary plat, if submitted and approved.

(e) Amendments and withdrawal of application.

(1) No changes, erasures, modifications or revisions shall be made in any plat of a subdivision after final approval has been given by the Planning Commission and an endorsement is made in writing on the plat, unless the plat is first resubmitted and the changes approved by the Planning Commission.

(2) If the applicant finds, in the process of preparing improvement plans, that the approved preliminary plat, if submitted, is not workable and changes in layout are required, the applicant shall inform the Code Administrator. The Code Administrator may require that a revised preliminary plat be submitted for re-approval following the review procedure in division (c) of this section if the changes significantly alter the design of the subdivision. If the proposed changes are technical or minor and do not substantively alter the approved preliminary plat, the Code Administrator may approve the revisions. Failure to submit and receive approval of a revised preliminary plat shall void approval of the preliminary plat and any new submission shall be subject to a new application.

(3) During the final plat process, the Code Administrator are authorized to allow minor changes related to the public improvements or design where there is minimal impact to the overall design of the subdivision. This shall not give the Code Administrator the authority to vary the requirements of this code.

(4) Before approval of the final plat, the submitted plat may be withdrawn or modified. If modified, the review process shall be repeated. If the application is withdrawn, any application fees shall be forfeited.

(5) If during the course of construction, any changes or modifications are encountered that are not in conformance with the original approved improvement plans, the subdivider shall submit the modified improvement plans (which have now become as-built drawings) to the Code Administrator, who, if in agreement with such modifications, shall sign these drawings to indicate approval of the modifications. If the Code Administrator does not approve the modifications, the applicant shall be required to bring the improvements into compliance with the approved improvement plans or the city may utilize the financial guarantee to correct the issue.

(f) Subdivision modifications.

(1) Purpose. The purpose of a subdivision modification is to provide limited relief from standards that apply to the subdivision of land including standards for improvements. Subdivision modifications are intended for those cases where strict application of a particular requirement will create a practical difficulty or extraordinary hardship prohibiting the use of land in a manner otherwise allowed under these regulations. It is not intended that modifications be approved merely to remove inconveniences or financial burdens that the requirements of these regulations may impose on property owners or subdividers in general.

(2) Applicability.

A. If the proposed subdivision requires a deviation from the minimum site development standards (e.g., lot area, lot width and the like) or other standards identified in § 1226.01: Lot and Principal Building Regulations, the applicant will be required to apply for and receive all the necessary variance approvals prior to approval of a preliminary plat. (See § 1214.09: Variances.)

B. If the applicant seeks a modification of standards required by Chapter 1238: Subdivision Design Standards, then the request for a modification shall be accomplished through the procedure outlined in this section.

(3) Subdivision modification review.

A. A request for a subdivision modification shall be reviewed as part of the preliminary plat review procedure.

B. The Planning Commission shall review the subdivision modification application at a public hearing that shall be noticed in accordance with § 1214.01(i).

C. In reviewing the application, the Planning Commission shall at a minimum, consider the review criteria of this section.

D. The Planning Commission shall review the request and may approve, approve with conditions, or deny the request to modify any or all of the modifications.

E. In approving a modification, the Planning Commission may impose conditions on the approval as it determines are required to ensure compliance with the provisions and purpose of these regulations.

F. If the preliminary plat is denied or if the approval of the preliminary plat expires, so does the approval of the subdivision modification. Any future request for preliminary plat approval that includes the same modifications shall require a new review and decision on the request for modifications.

(4) Review criteria. The review criteria for a subdivision modification shall be the same as those for a variance as established in § 1214.09(c).

(g) Appeals. Any person or entity claiming to be injured or aggrieved by any final action of the Planning Commission shall have the right to appeal the decision to the ZBA as established in § 1214.11: Appeals.

(Ord. 21-161, passed 12-13-2021; Ord. 24-33, passed 3-25-2024)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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