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This Planning and Zoning Code is adopted by the City pursuant to its authority under the Ohio Revised Code and the City Charter. Nothing in this Planning and Zoning Code shall be construed to limit City Council in the exercise of all of the powers to zone or redistrict now or hereafter as authorized by the Ohio Revised Code or the City Charter.
(Ord. 58-01. Passed 5-29-01.)
This Planning and Zoning Code establishes certain districts in the City and regulates and restricts the ways in which land can be used and subdivided in order to promote the public health, safety, convenience, prosperity and general welfare. More specific purposes are to:
(a) Promote the orderly and beneficial development of the City in accordance with the City's land use policies.
(b) Establish districts of such classification and number to implement the City's Master Plan that encourages the most appropriate uses of the land and guides the future development of the City, and to carry out the purposes of this Planning and Zoning Code.
(c) Encourage compatibility between different land uses and protect the scale and character of existing development from the encroachment of incompatible uses.
(d) Regulate and restrict the location, bulk, height, design and land coverage of buildings to protect the character and value of the City's residential, business, industrial, institutional and recreational areas.
(e) Regulate the area and dimension of lots, yards and other open spaces to provide adequate open spaces for light and air.
(f) Regulate and limit the density of population to prevent overcrowding of the land and excessive concentration of the population.
(g) Ensure efficient traffic circulation, manage congestion on the streets and improve public safety by locating buildings and uses adjacent to streets in such a manner that they will cause the least interference with, and be damaged least by, traffic movements.
(h) Facilitate adequate provisions for public utilities and facilities such as schools, recreation facilities, sewer, water, transportation and other public necessities.
(i) Provide regulations, standards and procedures for the administration, amendment and enforcement of this Planning and Zoning Code.
(Ord. 58-01. Passed 5-29-01.)
After the effective date of this Planning and Zoning Code, no use of a structure or land shall be changed, and no structure or part thereof shall be erected, moved or altered, unless for a use expressly permitted by and in conformity with, the regulations specified in this Planning and Zoning Code. Existing buildings, structures and uses of land that do not comply with the regulations of this Planning and Zoning Code are subject to the regulations set forth in Chapter 1282, Nonconforming Uses, Buildings, Lots and Structures.
(Ord. 58-01. Passed 5-29-01.)
It is the intention of Council that this Planning and Zoning Code implement the planning policies reflected in the City Master Plan and other planning documents.
(a) The Master Plan prepared by Metro One Design Group, Inc., adopted as part of original Ordinance 98-92, passed October 13, 1992, and any amendments thereto, is incorporated by reference herein. This Master Plan shall serve as the official policy statement of the City as to its future growth and development.
(b) The Park and Recreational Facilities Plan, adopted as part of original Resolution R-28-96, passed December 23, 1996, and any amendments thereto, is incorporated by reference herein.
(Ord. 58-01. Passed 5-29-01.)
Unless specifically noted otherwise, in interpreting and applying the provisions of this Planning and Zoning Code, these provisions shall be considered the minimum requirements necessary for the promotion of the public health, safety and general welfare. They shall be liberally construed to further the purposes and objectives set forth herein and the purposes and intent of each district as set forth in each district chapter.
(Ord. 58-01. Passed 5-29-01.)
(a) Except as specifically provided herein, the provisions of this Planning and Zoning Code shall not repeal, abrogate, annul or in any way impair or interfere with any existing deed or plat restrictions, ordinances, laws, rules, or permits previously adopted or issued, and shall not be construed as removing or rendering inoperative any deed or land restriction formerly established by restrictive covenants running with the land, easements or other agreements between parties.
(b) In cases where this Planning and Zoning Code imposes a greater restriction upon the use of buildings or land or upon the height and/or bulk of buildings, or requires larger lot area, yards or other open spaces than are imposed or required by such other laws or ordinances, or by such rules and regulations, the provisions of this Planning and Zoning Code shall govern. Conversely, other regulations shall govern where they are more restrictive in nature than this Planning and Zoning Code.
(c) These regulations shall in no way affect any approved final development plan or subdivision that has received preliminary approval prior to the effective date of these regulations or any amendments thereto.
(Ord. 58-01. Passed 5-29-01.)
Sections and division of this Planning and Zoning Code and the several parts or provisions thereof are hereby declared to be independent sections, divisions, parts and provisions. If any section, division or provision of this Planning and Zoning Code, or amendment thereto, is held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Planning and Zoning Code or amendments thereto.
(Ord. 58-01. Passed 5-29-01.)
The Planning and Zoning Code of the City of Avon, Ohio, adopted effective January 15, 1969, and as subsequently amended together with the Zoning Map, is hereby superseded and amended to read as set forth in this Planning and Zoning Code update, dated May 29, 2001.
(Ord. 58-01. Passed 5-29-01.)