CHAPTER 1216: ZONING DISTRICTS AND PRINCIPAL USE REGULATIONS

Section

1216.01 Purpose

1216.02 Establishment of zoning districts

1216.03 Zoning district map and district boundaries

1216.04 Zoning district purpose statements

1216.05 Allowed principal uses

1216.06 Use-specific standards

§ 1216.01 PURPOSE.

   The purpose of this chapter is to set out the individual purpose statements for each of the city’s zoning districts as well as the list of uses that are allowed within each zoning district. The uses are either prohibited or allowed, and where they are allowed, they may be permitted, permitted with additional standards, or conditionally permitted with additional review. Finally, this chapter includes use-specific standards for a variety of uses that apply to the those uses alone in addition to all other applicable standards of this code.

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

§ 1216.02 ESTABLISHMENT OF ZONING DISTRICTS.

   (a)   Districts established. The city hereby establishes the following zoning districts to carry out the purposes of this code, and to assist in the implementation of the comprehensive land use plan.

 

Table 1216-1: Zoning Districts
Abbreviation	District Name
Residential Zoning Districts
R-1A	Single-Family Residence District
R-1B	Single-Family Residence District
R-1C	Single-Family Residence District
R-1D	Cottage District
R-2	Multi-Family Residence District
R-3	Multi-Family Residence District
Nonresidential Zoning Districts
B-1	Limited Business District
B-2	General Commerce District
B-3	Special Commerce District
I-1	Light Industrial District
I-2	General Industrial District
Special Districts
P-I	Public and Institutional District
PUD	Planned Unit Development District
RPD	Residential Planned Development District
MUO	Mixed-Use Overlay District

 

   (b)   References to previous zoning districts. Some of the district classifications and names established within this code differ from previous versions of this code. Table 1216-2 identifies how each of the previous district classifications was renamed for this code. This table shall be used for comparison purposes only.

 

Table 1216-2: District Transition Table
Zoning Districts in the Planning and Zoning Code Effective Prior to January 1, 2022		Zoning Districts in the Land Development Code Effective January 1, 2022
Abbrev.	District Name	Abbrev.	District Name
R-1	Single-Family Residence District	R-1A	Single-Family Residence District
R1A	Single-Family Residence District	R-1B	Single-Family Residence District
R1B	Single-Family Residence District	R-1C	Single-Family Residence District
R1C	Cottage District	R-1D	Cottage District
R2	Multi-Family Residence District	R-2	Multi-Family Residence District
R3	Multi-Family Residence District	R-3	Multi-Family Residence District
O1	Office District	B-1	Limited Business District
B1	Limited Business District
B2	General Commerce District	B-2	General Commerce District
B3	Special Commerce District	B-3	Special Commerce District
LI	Light Industrial District	I-1	Light Industrial District
I	Industrial District	I-2	General Industrial District
No Previous District		P-I	Public and Institutional District
No Previous District		PUD	Planned Unit Development District
No Previous District		RPD	Residential Planned Development District
No Previous District		MUO	Mixed-Use Overlay District

 

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

§ 1216.03 ZONING DISTRICT MAP AND DISTRICT BOUNDARIES.

   (a)   Zoning district map. All land within the city shall be placed into at least one of the zoning districts established in Table 1216-1, and such zoning shall be shown on the Zoning District Map of Avon Lake, Ohio. The zoning district map, together with all explanatory data thereon, including all changes thereof as hereinafter provided, shall be incorporated and made a part of this code, thereby having the same force and effect is if fully described in writing.

   (b)   Interpretation of zoning district boundaries. The boundaries of the zoning districts are shown upon the zoning district map. When uncertainty exists with respect to the boundaries of zoning districts as shown on the zoning district map, the following rules shall apply.

      (1)   Where zoning district boundary lines are indicated as approximately following a lot line, such lot line shall be the zoning district boundary.

      (2)   Where zoning district boundary lines are indicated as approximately following a centerline of a street or highway, alley, railroad easement or other right-of-way, or a river, creek, or other watercourse, such centerline shall be the zoning district boundary. In the event of a natural change in the location of such streams, rivers or other watercourses, the zoning district boundary shall be construed as moving with the channel centerline.

      (3)   Where zoning district boundary lines are indicated as approximately following city limits, such city limits shall be the zoning district boundary.

      (4)   When the actual street, right-of-way, property line boundary or other existing ground condition is in conflict with that shown on the zoning district map, the ZBA shall provide the necessary interpretation. The person contesting the location of the district boundary shall be given a reasonable opportunity to present their case to the city and to submit technical evidence if so desired pursuant to the appeals process as established in § 1214.11: Appeals.

   (c)   Vacation of public rights-of-way. Whenever any street, alley or other public way is vacated in a manner authorized by law, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation and all areas included in the vacation shall then and henceforth be subject to all regulations of the extended district.

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

§ 1216.04 ZONING DISTRICT PURPOSE STATEMENTS.

   In addition to the overall purpose of this code as established in § 1210.01: Purpose, the following are the purpose statements for the individual zoning districts in the city.

   (a)   Single-Family Residential Districts (R-1A, R-1B, and R-1C). The purpose of the R-1A, R-1B and R-1C Residential Zoning Districts is to provide for the development and use of land for primarily single-family, detached residential uses reflective of the primary residential land uses in the city. These districts are intended to establish standards for the design, use and location of principal and accessory buildings to maintain high-quality neighborhoods.

   (b)   Cottage District (R-1D). The purpose of the R-1D Residential Zoning District is similar to the R-1A, R-1B and R-1C Districts in that it is intended to allow for the use of land primarily for single-family, detached residential uses. The R-1D District recognizes that parts of the city have site characteristics reflective of denser development patterns that were common among the cottage developments along Lake Erie. Development in these areas is far more compact than in other single-family residential districts and the purpose of this district is to protect the characteristics of these dense neighborhoods in Avon Lake.

   (c)   Multi-Family Residential Districts (R-2 and R-3). The purpose of the R-2 and R-3 Multi-Family Residential Districts is to provide for residential areas in the city that provide for attached housing options, which in turn promote more diverse housing choices and that may serve as a transitional use between lower-density residential uses and the city’s business activity areas. The purpose of the regulations in these districts is to ensure the long-term viability of uses that are designed in a manner that will contribute to the community aesthetic.

   (d)   Limited Business District (B-1). The purpose of the B-1 District is to provide areas for small-scale business development, a limited range of office uses, as well as convenience goods and services to serve the day-to-day needs of those living in the city. The design of uses is focused on small-scale developments on large parcels while specifically excluding outdoor storage activities and automotive-related uses.

   (e)   General Commerce District (B-2). The purpose of the B-2 District is to accommodate professional offices, general commercial uses, and larger scale businesses that sell goods and provide services to the general public in the city and to the greater region. While pedestrian level activity and access is highly encouraged, the city recognizes that vehicular access is also important to the businesses in the city’s large-scale business areas.

   (f)   Special Commerce District (B-3). The purpose of the B-3 District is to accommodate the unique development characteristics of special business areas within the city including the Lear/Electric and Lake/Moore (Old Avon Lake Shopping Center) areas by tailoring site development standards to the predominant urban form and refining design requirements to address the compact building areas. This district is intended to allow for a broad range of professional offices and small-scale commercial uses that sell goods and provide services to residents of the city. Pedestrian-scale design is highly encouraged with a recognition for the need to accommodate vehicular access.

   (g)   Light Industrial District (I-1). The purpose of the I-1 District is to provide an area to accommodate manufacturing, general businesses, offices, service and repair businesses, and warehousing uses in a form that largely takes place within enclosed buildings to allow for quiet and clean industrial areas. It is the intent of this district to allow for a broad range of these light industrial type uses.

   (h)   General Industrial District (I-2). The purpose of the I-2 District is to provide for industrial and other uses that, by virtue of their external effects, noise, glare, fumes, smoke, dust, odors and truck and/or rail traffic, should be isolated from residential uses. These uses perform essential functions for the city, including employment, and should be provided for in areas that are best suited for industrial development by reason of location, topography, soil conditions and the availability of adequate utilities and transportation systems.

   (i)   Public and Institutional District (P-I). The purpose of the P-I District is to establish sites for various governmental, institutional, educational or other public or quasi-public uses that are integral parts of the community while also ensuring compatibility with the surrounding neighborhoods.

   (j)   Mixed-Use Overlay District (MUO). The purpose statement and district-specific standards for Mixed-Use Overlay District (MUO) district is located in Chapter 1218: Mixed-Use Overlay District (MUO).

   (k)   Planned Unit Developments (PUD). The purpose statement and district-specific standards for the Planned Unit Development (PUD) district is located in Chapter 1220: Planned Unit Developments (PUD).

   (l)   Residential Planned Developments (RPD). The purpose statement and district-specific standards for the Residential Planned Development) (RPD) district is located in Chapter 1222: Residential Planned Development District (RPD).

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

§ 1216.05 ALLOWED PRINCIPAL USES.

   (a)   Generally. Table 1216-3 lists the principal uses allowed within the various zoning districts, except for uses allowed in RPD Districts. Chapter 1222: Residential Planned Development District (RPD) identifies the uses that are allowed in RPDs.

   (b)   Explanation of table of permitted uses.

      (1)   Permitted uses.

         A.   A “P” in a cell indicates that a use type is allowed by-right in the respective zoning district. Permitted uses are subject to all other applicable standards of this code.

         B.   Permitted uses are approved administratively by the Planning Commission through the site plan review process or by the Code Administrator through the zoning permit procedure, unless subject to additional reviews (e.g., variance and the like).

      (2)   Permitted uses with standards.

         A.   A “PS” in a cell indicates that a use type is allowed by-right in the respective zoning district if it meets the additional standards as identified in the last column of Table 1216-3. Permitted uses with standards are subject to all other applicable standards of this code.

         B.   Uses permitted with standards are approved administratively by the Planning Commission through the site plan review process or by the Code Administrator through the zoning permit procedure, unless subject to additional review (e.g., variance and the like).

      (3)   Conditional uses.

         A.   A “C” in a cell indicates that a use may be permitted if approved by the Planning Commission through the conditional use review procedure. Conditional uses may be subject to use-specific standards as identified in the last column of Table 1216-3. Conditional uses are subject to all other applicable standards of this code.

         B.   The existence or lack of additional use-specific standards in this code shall not be implied to be the only standards the use is required to meet. Any conditional use listed in the table shall be subject to the general review standards for all conditional uses established in § 1214.03(d).

         C.   Where a use is listed as P/C or PS/C, there may be certain circumstances in which a conditional use approval may be required rather than the use being permitted or permitted with standards. The specific approval required shall be as established in the use-specific standards.

      (4)   Prohibited uses.

         A.   A blank indicates that a use is prohibited in the respective zoning district.

         B.   Any use not specifically listed shall be considered prohibited unless allowed in accordance with division (d) of this section.

      (5)   Use-specific standards.

         A.   The numbers contained in the “Use-Specific Standards” column are references to additional standards and requirements that apply to the use type listed. Standards referenced in the “Use-Specific Standards” column apply in all zoning districts unless otherwise expressly stated.

         B.   Use-specific standards shall only apply if the use is permitted with standards (PS) or a conditional use (C). If the use is permitted with standards in some districts and conditional in other districts, the use-specific standards shall apply to both the districts where it is permitted with standards and where it is conditionally permitted.

         C.   This section provides site planning, development and/or operating standards for certain land uses that are permitted with standards or conditionally permitted in Table 1216-3.

         D.   The land uses and activities covered by this section shall comply with the applicable use-specific standards in all districts unless otherwise specified, in addition to all other applicable provisions of this code.

   (c)   Multiple uses. If multiple uses are proposed on a single lot or in a single building then each of the individual uses has to be allowed in the applicable zoning district and reviewed in accordance with how the individual use is allowed in the district (i.e., permitted, permitted with standards, or conditional use).

   (d)   Use determination and unlisted uses.

      (1)   The Code Administrator shall make the determination if a proposed use is permitted, permitted with standards, a conditional use, or a prohibited use under the provisions of this section.

      (2)   The Code Administrator may determine that a proposed use is substantially similar to a use that is permitted, permitted with standards, or a conditional use established in Table 1216-3 based on the proposed use activities, character of the business, similarity to existing uses within the city, or information on the use as may be available from third-party land use resources such as documentation from the American Planning Association, Urban Land Institute or similar organizations. If the Code Administrator finds that the proposed use is substantially similar to a use established in Table 1216-3, the application shall be processed in the same manner as the similar use.

      (3)   In finding that a proposed use is similar to a use established in Table 1216-3, the Code Administrator shall make a note of the similar use in the approved application form.

      (4)   If the Code Administrator makes the determination that a use is prohibited, the application shall not be processed and the application fee shall be returned.

      (5)   If the applicant disagrees with the Code Administrator’s determination regarding the proposed use, the applicant may choose to take one of the following actions:

         A.   The applicant may appeal the determination of the Code Administrator to the ZBA pursuant to § 1214.11: Appeals; or

         B.   The applicant may present their case to the Planning Commission and/or City Council to request that the city initiate a text amendment to address the proposed use and applicable standards.

 

Table 1216-3: Principal Uses

Land Uses P=Permitted Use PS=Permitted Use with Standards C=Conditional Use

R-1A

R-1B

R-1C

R-1D

R-2

R-3

MUO

B-1

B-2

B-3

I-1

I-2

P-I

Use-Specific Standards See Sec.:

Agricultural Uses

Agricultural

C

C

1216.06(a)

Residential Uses

Bed and breakfast establishments

C

1216.06(b)

Dwellings, multi-family

P

P

P

Dwelling, single-family

P

P

P

P

Residential facilities

PS

PS

PS

PS

C

C

C

1216.06(c)

Skilled nursing or personal care facilities

C

C

C

C

PS

C

PS

1216.06(d)

Public, Institutional and Recreational Uses

Active recreational facilities

C

C

C

C

C

C

C

C

C

C

C

C

PS

1216.06(e)

Cemeteries

C

C

C

C

C

C

P

Cultural facilities

C

C

C

C

C

C

P

P

P

P

P

Educational institutions (higher education)

P

P

Educational institutions (preschool and K-12)

C

C

C

C

C

C

C

P

1216.06(f)

Essential services

P

P

P

P

P

P

P

P

P

P

P

P

P

Fraternal, charitable, and service oriented clubs

C

C

C

C

PS

1216.06(g)

Government offices and buildings (no outdoor activities)

C

C

C

C

C

C

P

P

P

P

P

P

P

Hospitals

C

C

PS

1216.06(h)

Passive parks, open space, and natural areas

P

P

P

P

P

P

P

P

P

P

P

P

P

Places of worship

C

C

C

C

C

C

P

P

P

P

P

Public utility buildings and facilities

C

C

C

C

C

C

C

C

C

C

P

P

P

Residential community centers

C

C

C

C

C

C

P

1216.06(i)

Wireless telecommunication facilities

PS/C

PS/C

PS/C

PS/C

PS/C

PS/C

PS/C

PS/ C

PS/ C

PS/ C

PS/ C

PS/ C

PS/ C

1216.06(j)

Commercial, Office, and Mixed Uses

Administrative, business, or professional offices

P

P

P

P

P

P

PS

1216.06(k)

Adult entertainment business

PS

1216.06(l)

Animal boarding, training, or daycare facilities

C

C

PS

1216.06(m)

Animal hospital/clinics and animal grooming

P

P

P

P

Assembly halls or conference centers

C

C

C

Automobile, motorcycle, recreational vehicle sales and leasing

C

1216.06(n)

Automotive repair and service (minor)

C

PS

C

PS

1216.06(o)

Automotive repair and service (major)

C

PS

PS

1216.06(p)

Boat rental and charter

C

C

Commercial and business support services

P

P

P

P

P

Commercial recreational facilities (indoors)

C

C

Commercial recreational facilities (outdoors)

C

C

1216.06(e)

Financial institutions

P

P

P

P

Fuel stations

C

PS

C

1216.06(o)

Funeral homes

PS

PS

PS

PS

PS

PS

1216.06(q)

Hotels and motels

C

C

C

1216.06(r)

Medical/dental clinics

P

C

P

C

Microbrewery, microdistillery or microwinery

PS

PS

PS

PS

PS

PS

1216.06(s)

Mixed use buildings

P

Multi-tenant use

P

P

P

P

Nursery schools and day care centers

PS

PS

PS

PS

PS

PS

PS

PS

PS

PS

PS

1216.06(t)

Parking lot

C

C

C

C

C

C

1216.06(u)

Personal services

P

P

P

P

PS

PS

1216.06(v)

Restaurants

P

P

P

P

1216.06(v)

Retail businesses

P

P

P

P

PS

PS

1216.06(v)

Taverns or bars

P

C

P

P

Vehicle washing establishments

C

1216.06(w)

Industrial Uses

Contractor equipment and storage yards

P

P

Industrial service uses

P

P

Industrial uses, heavy

P

Industrial uses, light

P

P

Metal salvage and junk storage

C

1216.06(x)

Recycling center

P

P

Research and development facilities

P

P

Self-storage facilities (indoor)

PS

PS

1216.06(y)

Self-storage facilities (outdoor)

C

C

C

1216.06(y)

Truck and heavy equipment sales

P

P

Truck terminals

PS

PS

1216.06(z)

Warehouses

P

P

Wholesale establishments

P

P

 

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