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Any other provision in this Charter to the contrary notwithstanding, the territory within the Municipality which is zoned for industrial uses, as defined by the Zoning Ordinance in effect on January 1, 1952, shall not be increased in area by action of Council unless such increase is approved by a majority of the votes cast by the electors of the Municipality on the question of such increase.
The Council of the Municipality may, upon the recommendation of the Planning Commission, increase the territory within the Municipality which is zoned for industrial use by rezoning for such use the following described property, or any portion thereof:
Situated in the City of Avon Lake, County of Lorain, State of Ohio, a part of Avon Township Section Number 17, and being a part of permanent parcel numbers 04-00-017-102-067, 04-00-017-102-056, 04-00-017-102-017, 04-00-017-102-088 and 04-00-017-102-058 that are of record in May of 1994, at the Lorain County Tax Map Department, and being more fully described as follows:
Beginning at a monument box found set at the intersection of the centerline of Belmont Drive (50 feet wide), and the centerline of Avon Belden Road - State Route 83 (60 feet wide);
Thence southerly along the centerline of Avon Belden Road, a distance of about 140 feet to a point;
Thence westerly, in part along the southerly line of permanent parcel number 04-00-017-102-052, a distance of about 600 feet to the principal place of beginning, the southwest corner of permanent parcel number 04-00-017-102-052;
Thence southerly and crossing the following permanent parcel numbers, 04-00-017-102-058, 04-00-017-102-088, 04-00-017-102-017 and 04-00-017-102-067, a distance of about 854 feet to a point in the southerly line of permanent parcel number 04-00-017-102-067, said point being 600 feet westerly from the centerline of Avon Belden Road;
Thence westerly along the southerly lines of permanent parcel number 04-00-017-102-056, and in part 04-00-017-102-067, a distance of about 1,731 feet to the southwest corner of permanent parcel number 04-00-017-102-056, said corner being also in the westerly line of Section Number 17;
Thence northerly along the westerly line of Section Number 17, and the following westerly lines of permanent parcel numbers 04-00-017-102-056, 04-00-017-102-017, 04-00-017-102-088 and 04-00-017-102-058, a distance of about 1,592 feet to the northwest corner of permanent parcel number 04-00-017-102-058;
Thence easterly along the northerly line of permanent parcel number 04-00-017-102-058, a distance of about 1,728 feet to the northeast corner of permanent parcel number 04-00-017-102-058;
Thence southerly along the easterly line of permanent parcel number 04-00-017-102-058, a distance of about 723 feet to the principal place of beginning, containing about 63 acres, more or less.
(Amended 11-8-1994)
The Council of the Municipality may, upon the recommendation of the Planning Commission, increase the territory within the Municipality which is zoned for industrial use by rezoning for such use the following described property, or any portion thereof:
(a) Situated in the Municipality of Avon Lake, County of Lorain and State of Ohio, and known as being a part of Original Avon Township Section No. 8, bounded and described as follows:
Bounded southerly, by the northerly line of the Industrial District as heretofore established in said Original Avon Township Section No. 8; bounded westerly, by the center line of Moore Road; bounded northerly, by the center line of Webber Road; bounded easterly, by the easterly line of said Original Avon Township Section No. 8, excepting from the above described premises, the parcel of land conveyed by Flossie A. Weiss and Louis C. Weiss to the Village of Avon Lake by deed dated December 8, 1952, and recorded in Volume 559, page 184 of Lorain County Records.
(Enacted 11-8-1960)
(b) Situated in the City of Avon Lake, County of Lorain, and State of Ohio, and bounded northerly by Lake Erie; bounded easterly by the present “I” Industrial District; bounded southerly by the northerly property line of land conveyed to the Village of Avon Lake by deed dated February 14, 1948, and recorded in Vol. 434, Page 278, of Lorain County Records and presently in use as the site of the Avon Lake Sewage Treatment Plant; bounded westerly by the westerly property line, and its northerly extension to Lake Erie, of land conveyed to Eugene and Martha Haussman as recorded in Vol. 314, Page 445, of Lorain County Records, and being about 460 feet westerly of the present “I” Industrial District at the point where said westerly boundary intersects the low water mark of Lake Erie; and in addition to the above described area, that portion of land now owned by the Cleveland Electric Illuminating Company now being used for industrial purposes and being the property that is bounded northerly by Lake Road; bounded easterly by property now owned by the Frielingsdorf Company; bounded southerly by the right-of-way of Electric Boulevard (proposed); bounded westerly by the present “I” Industrial District, and the combined area of portions of all land herein described being not more than 21 acres.
(Enacted 5-3-1966)
(c) Situated in the City of Avon Lake, County of Lorain, State of Ohio and being a part of the Avon Park Subdivision Proposed, and the entire Krogh-Barr Syndicate’s Avon Beach Allotment Proposed and bounded on the north by Electric Boulevard, on the east by the transmission line right of way of petitioner known as its Avon Lines, on the south by the commercial zoning fronting on Walker Road, and on the west by Norfolk and Western Railway Company right of way.
(Enacted 5-4-1971)
The determination that any section or part thereof of this Charter is invalid, shall not invalidate nor impair the force or effect of any other section or part thereof, except to the extent that such other section or part thereof is dependent for its operation upon the part declared invalid; and in the event any section or sections or parts thereof shall be held invalid, then the laws of the State of Ohio pertaining to municipalities and dealing with the same subject matter shall apply.
In order that a ready means may be at hand for reconciling any conflicts, resolving any inconsistencies and clarifying any obscurities which may be discovered in the language of this Charter; the power is hereby vested in Council to interpret the various sections and parts of this Charter in harmony with the spirit thereof, by ordinance of said Council adopted by the affirmative vote of five (5) or more of its members.
(a) There shall be a review of the Charter by a Charter Review Commission beginning in the calendar year of 1973 and each and every five years thereafter. The Charter Review Commission shall consist of nine (9) members, including at least one member from each ward, all of whom shall be residents of the Municipality of at least two (2) or more years immediately preceding their appointment. Five (5) of the members shall be appointed by the Mayor, and four (4) of the members (one from each ward) shall be appointed by the City Council. The Council of the City of Avon Lake, Ohio shall submit to the electors, not later than the next succeeding regular election, any proposed alterations, revisions or amendments to the Charter by a majority vote of the appointed members of the Charter Review Commission.
(Enacted 11-7-1972; Amended 11-3-1998; 11-4-2003; 11-2-2004; 11-8-2005; 11-4-2008)
(b) The Council may by a vote of at least five (5) of its members, submit to the electors of the Municipality amendments to this Charter; and, upon petition being presented to Council setting forth a proposed amendment, signed by not less than that number of resident, qualified electors of the Municipality which equals fifteen (15) per cent of the number of registered, qualified electors of the Municipality on the date of the last election in the Municipality as determined by the Board of Elections of Lorain County, Ohio, such proposed amendment shall be submitted to the electors of the Municipality for adoption or rejection. The submission of a proposed amendment to the electors shall be governed by the provisions of the Constitution of the State of Ohio, and to such extent as the Constitution shall fail to provide therefor, the Council shall determine the manner of such submission. If any amendment so submitted is approved by a majority of the electors voting thereon, its provisions shall be incorporated into this Charter; except that if two (2) or more inconsistent amendments on the same subject matter are submitted at the same election, only the one receiving the largest affirmative vote, not less than a majority, of the votes cast on the subject matter, shall become incorporated into this Charter.
(c) The Charter Review Commission shall be appointed by February 1 of the calendar year in which it is to serve and the Charter Review Commission shall serve for a term not longer than one (1) year. The first meeting of the Charter Review Commission shall take place not later than thirty (30) days after the Charter Review Commission has been appointed.
(Enacted 11-3-1998; Amended 11-6-2018)
For the purpose of electing officers and holding and conducting municipal elections, this Charter shall take effect from the time of its approval by the electors of the Municipality; but for all other purposes, it shall take effect on the first day of January in the year 1952.
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