Avon Lake City Zoning Code
CHAPTER 1220
PLANNED UNIT DEVELOPMENTS PUD
§ 1220.01 PURPOSE.
The purpose of the PUD District is to protect all PUDs that were approved by the city prior to January 1, 2022. It is the purpose of this chapter to allow for the continuance of previously approved PUDs in accordance with approved plans in a manner that the approved PUDs will be considered conforming with this code and will not be deemed nonconforming. Furthermore, the purpose of this chapter is to provide some guidance for future modifications of these PUDs and the establishment of accessory uses and structures that may not have been addressed by previous plan approvals.
(Ord. 21-161, passed 12-13-2021)
§ 1220.02 APPLICABILITY.
(a) This chapter will apply to all PUDs identified on the zoning map that were approved prior to the date established in § 1220.01 above.
(b) After such date, no new PUD Districts may be established. As an alternative, applicants may seek approval of a residential planned development under Chapter 1222: Residential Planned Development District (RPD).
(Ord. 21-161, passed 12-13-2021)
§ 1220.03 CHANGES TO APPROVED PUDs.
(a) Where a property owner on a lot in an PUD seeks a variance from the approved plan for an individual property that will not apply to any other property in the PUD, the property owner shall request such variance in accordance with § 1214.09: Variances.
(b) Any request to change or otherwise modify an approved PUD after January 1, 2022, as it applies to more than one property owner, shall be reviewed based on whether the change is considered major or minor, in accordance with this division (b).
(1) Major change reviewed by Planning Commission and City Council. Where an applicant proposes any of the following, the applicant shall submit a revised plan that conforms with the review requirements for an RPD in § 1222.03(c): RPD Submission and Review Procedure:
A. Expansion of an existing PUD beyond the limits of the approved PUD (only the new expansion will be subject to review); or
B. Proposed changes to the uses or density that will result in an increase in residential dwelling units of more than 5% of the total dwelling units approved as part of the original PUD.
(2) Major change reviewed by Planning Commission only. The following changes shall require approval by the Planning Commission following a public hearing unless the Code Administrator determines that changes are not significant enough to substantially alter the originally approved plan:
A. Changes in the development plan relative to the arrangement of lots, the layout of streets or circulation patterns, the size, configuration and location of common open space, and changes in any approved elements of the PUD; and
B. Amendments to the conditions that were attached to the PUD approval.
(3) Minor changes reviewed by the Code Administrator.
A. Minor changes are those proposed by the developer/owner which do not disturb or affect the basic design and approved PUD approval, and which are essentially technical in nature, as determined by the Code Administrator, shall be reviewed administratively by the Development Review Committee. The Development Review Committee shall make a recommendation to approve or deny the change to the Code Administrator who shall have the authority to make a final decision.
B. The Code Administrator shall have the authority to forward the action to the Planning Commission in the case that the recommendation is to deny the change.
C. Examples of minor changes include, but are not limited to, changes in the intensity of lighting, changes to individual floor plans, changes to the siting of an individual building on a lot within approved setbacks, changes in the size and location of water and sewer lines within approved easements, engineering changes that do not alter street or lot layouts, and changes in the location and number of fire hydrants.
D. The Code Administrator shall notify the Planning Commission of all such approved minor changes.
(Ord. 21-161, passed 12-13-2021)
§ 1220.04 ACCESSORY USES.
Unless otherwise allowed for in the approved plans, accessory uses associated with development in a PUD shall be allowed in accordance with the following.
(a) Accessory uses permitted in the R-1, R-1A, R-1B and R-1C Districts shall be allowed for any single-family dwelling.
(b) Accessory uses allowed in the R-2 and R-3 Districts shall be allowed for any two-family, three-family or multi-family dwelling.
(c) Any allowed accessory use or structure may only be located in the yards as stated in § 1224.01(e) and are subject to any allowance for encroachments into those applicable yards.
(Ord. 21-161, passed 12-13-2021)