Zoneomics Logo
search icon

Lorain City Zoning Code

TITLE FIVE

Zoning Districts

1121.01 ZONE DISTRICTS ESTABLISHED.

   The following zone districts are established:
Table 1121.01, Zone Districts Established
Category
Designation
District Name
Residential Districts
R-1A
Low Density Single Family
R-1B
Moderate Density Single Family
R-1C
Medium Density Single Family
R-2
Transitional Residential
R-3
High Density Residential
R-4
Manufactured Home Residential
Commercial Districts
B-1
Neighborhood Commercial
B-2
General Commercial
B-3
Downtown Commercial
Industrial Districts
I-1
Light Industrial
I-2
Heavy Industrial
Special Purpose Districts
HMD
Hospital/Med Center
MU
Mixed Use
PUD
Planned Unit Development
OS
Open Space
DR-O
Design Review Overlay
(Ord. 4-21. Passed 1-4-21.)

1121.02 OFFICIAL ZONING MAP.

   (a)   The Official Zoning Map shall be identified by the signature of the Mayor and attested by the Clerk of Council, shall show the date of adoption of this Zoning Ordinance, and shall be further defined as being the zoning districts as shown on the set of Lorain County Tax Maps maintained by the City Building Department.
   (b)   If, in accordance with the provisions of this Zoning Ordinance and Ohio R.C. Chapter 713, changes are made in district boundaries or other matters portrayed on this Zoning Map, such changes shall be duly-noted on the Zoning Map no later than seven (7) days after the effective date of the amendment. No changes shall be made in the Zoning Map except in conformity with the amendment procedures set forth in this Ordinance.
   (c)   Regardless of the existence of copies of the Zoning Map, the official Zoning Map bearing the original signature of the Mayor shall be recognized as the official map as to current zoning status.
   (d)   In the event that the official Zoning Map becomes damaged, destroyed, or difficult to interpret because of changes, council may, by resolution, adopt a new Zoning Map which shall supersede the prior map. The new map may correct drafting or other errors or omissions, but no such correction shall have the effect of amending the Zoning Ordinance.
(Ord. 4-21. Passed 1-4-21.)

1121.03 INTERPRETATION OF BOUNDARIES.

   Where uncertainty exists regarding the boundaries of any zoning district shown on the official zoning map, the Zoning Administrator shall be charged with interpretative authority and shall apply the following rules:
   (a)   All zoning district boundaries shall be construed as extending to the centerlines of adjoining streets, highways, or alleys.
   (b)   Boundaries indicated as approximately following lot lines shall be construed to follow such lot lines.
   (c)   Boundaries indicated to be approximately parallel to the centerlines or right-of-way lines of streets or alleys shall be construed as being parallel thereto and at such distance therefrom as indicated on the zoning map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the zoning map.
   (d)   Boundaries indicated to approximately follow city limits shall be construed as following City limits.
   (e)   A boundary indicated to follow a railroad line shall be construed to be located in the middle of the main tracks of the railroad line.
   (f)   Boundaries indicated to approximately follow the centerline of streams, rivers, lakes, or other bodies of water shall be construed to follow such centerlines.
   (g)   Boundaries indicated as following the Lake Erie shoreline shall be construed to follow the shoreline, and in the event of change, shall be construed as moving with the actual shoreline. (Ord. 4-21. Passed 1-4-21.)

1121.04 LOTS DIVIDED BY ZONING LINE.

   Where a zoning line divides a lot or where two (2) lots in different districts are combined, the entire lot shall be considered to be wholly within the more restrictive zoning district.
(Ord. 4-21. Passed 1-4-21.)

1121.05 ZONING UPON ANNEXATION.

   All land annexed to the city subsequent to the adoption of this Zoning Ordinance shall remain subject to the previous township zoning district regulations, until such time as the official zoning map is amended in accordance with the amendment provisions of this Ordinance.
(Ord. 4-21. Passed 1-4-21.)

1123.01 DISTRICT PURPOSE.

   (a)   R-1A, Low Density Single-Family. This district is intended to create a single-family neighborhood environment on relatively large lots, while retaining the urban character of the community. It is most appropriate near the outer perimeter of the City, especially the west end. Net densities of just over two (2) units per acre can be achieved.
   (b)   R-1B, Moderate Density Single-Family. This is an urban residential district intended to create cohesive, single family, walkable neighborhoods at a net density of approximately four (4) units per acre. The principal use of land is for single-family dwellings and related recreational, religious, and educational facilities needed to provide the basic elements of a balanced, safe, and attractive living environment.
   (c)   R-1C, Medium Density Single-Family. This residential district is intended to reinforce the traditional single-family neighborhood pattern prevalent throughout much of the City. It supports cohesive, walkable neighborhoods along a grid street network at a net density of approximately six (6) units per acre. The principal use of land is for single-family dwellings and related recreational, religious, and educational facilities contributing to a rich neighborhood fabric.
   (d)   R-2, Transitional Residential. A variety of housing options are permitted within this district consistent with the walkable, neighborhood character intended for single-family neighborhoods. Attached and detached dwellings are permitted at densities compatible with traditional City neighborhoods and well suited as a buffer to transition from single-family neighborhoods to non-residential uses.
   (e)   R-3, High Density Residential. This district provides for development of a range of housing types, including multiple-family units at densities up to eighteen (18) units per acre, in order to accommodate open space and recreational amenities within each development. Consistent with the City's comprehensive plan, the district provides for housing choice in the community where increased density would be compatible with existing development and promote economically viable development on infill and redevelopment sites. The district may also be established as a transition zone between lower density residential districts and nonresidential or mixed use districts.
   (f)   RM, Manufactured Home Community. This district provides for a single family residential environment within planned communities to accommodate manufactured homes. The principal use of land is for manufactured single-family dwellings and related recreational, religious, and educational facilities needed to provide the basic elements of a balanced, safe, and attractive residential area.
(Ord. 4-21. Passed 1-4-21.)

1123.02 SCHEDULE OF ALLOWED USES.

   Buildings or land shall not be used and buildings shall not be erected, except for the following specified uses, unless otherwise provided for in this Ordinance. Land and/or buildings in the districts indicated at the top of Table 4-2 may be used for the purposes denoted by the following abbreviations:
   (a)   Permitted Use (P). Land and/or buildings with this designation may be used for these purposes by right.
   (b)   Conditional Use (C). Land and/or buildings with this designation may be used for these purposes if conditional approval is granted by the planning commission upon a finding that all applicable requirements in Chapter 1143 are satisfied.
   (c)   Specific Conditions. Indicates that conditions related to the specific use must be satisfied in addition to the review procedures and general criteria of Sections 1143.02 and 1143.03.
(Links for Table 1123.02: 1141.16, 1143.04, 1143.05, 1143.06, 1141.26)
 
(Ord. 4-21. Passed 1-4-21; Ord. 251-23. Passed 12-4-23; Ord. 36-25. Passed 4-7-25; Ord. 106-25. Passed 7-21-25.)

1123.03 DIMENSIONAL REQUIREMENTS.

   All lots and buildings shall meet the minimum area and width requirements listed below in Table 1123.03 for the corresponding district requirements. New lots shall not be created, except in conformance with these requirements. In addition, all structures and their placement on a lot shall conform to the minimum dimensional requirements listed for the respective districts.
 
 
 
 
 
 
(Ord. 4-21. Passed 1-4-21.)

1123.04 SITE DEVELOPMENT REQUIREMENTS.

   In addition to the requirements of this article, all development in the residential districts shall meet the applicable requirements as listed elsewhere in this ordinance.
   (a)   Design Review Overlay Zone Requirements, see Chapter 1133.
   (b)   General Provisions, see Chapter 1141.
   (c)   Conditional Use Requirements, see Chapter 1143.
   (d)   Development Plan Review, see Chapter 1145.
   (e)   Landscaping and Buffering, see Chapter 1147.
   (f)   Parking and Loading, see Chapter 1149.
   (g)   Signs, see Chapter 1151.
      (Ord. 4-21. Passed 1-4-21.)

1125.01 DISTRICT PURPOSE.

   (a)   B-1, Neighborhood Business. The neighborhood business district is intended as a location for convenience goods and services for residents of nearby neighborhoods. Allowed uses should be of a low intensity nature, appropriate in scale and appearance to and compatible with the surrounding residential character. Pedestrian accessibility will be promoted. The district may be found as a node within residential neighborhoods or used as a transitional zone between residential and nonresidential districts.
   (b)   B-2, General Business. This zoning district is intended primarily to accommodate a range of retail and service uses serving the broader needs of the community and the motoring public. Large-scale retailers, auto-related businesses and similar uses not generally appropriate for other commercial districts will be permitted. While the district will be established primarily along arterial roadways, care should be taken to ensure compatibility with adjacent uses and minimize conflicts with traffic along abutting streets.
   (c)   B-3, Downtown Business. The downtown business district is intended to protect the traditional, small town character of downtown Lorain and enhance the pedestrian-oriented environment. The district accommodates a mix of retail stores, offices, entertainment, public spaces, residential uses and related activities that are mutually supporting and serve the needs of the community. This district encourages a lively social environment and economically viable downtown with a wide variety of uses in a pedestrian-oriented and unified setting. Auto-oriented uses should not be permitted.
(Ord. 4-21. Passed 1-4-21.)

1125.02 SCHEDULE OF ALLOWED USES.

   Buildings or land shall not be used and buildings shall not be erected, except for the following specified uses, unless otherwise provided for in this ordinance. Land and/or buildings in the districts indicated at the top of Table 1125.02 may be used for the purposes denoted by the following abbreviations:
   (a)   Permitted Use (P). Land and/or buildings with this designation may be used for these purposes by right.
   (b)   Conditional Use (C). Land and/or buildings with this designation may be used for these purposes if conditional approval is granted by the Planning Commission upon a finding that all applicable requirements in Chapter 1143 are satisfied.
   (c)   Specific Conditions. Indicates that conditions related to the specific use must be satisfied in addition to the review procedures and general criteria of Sections 1143.02 and 1143.03.
 
(Links for Table 1125.02: 1141.26, 1143.04, 1143.05, 1143.07, 1143.08)
 
 
 
 
 
(Ord. 4-21. Passed 1-4-21; Ord. 251-23. Passed 12-4-23; Ord. 36-25. Passed 4-7-25.)

1125.03 DIMENSIONAL REQUIREMENTS.

   All lots and buildings shall meet the minimum area and width requirements listed below in Table 1125.03 for the corresponding district requirements. New lots shall not be created, except in conformance with these requirements. In addition, all structures and their placement on a lot shall conform to the minimum dimensional requirements listed for the respective districts.
 
 
 
 
(Ord. 4-21. Passed 1-4-21.)

1125.04 SITE DEVELOPMENT REQUIREMENTS.

   In addition to the requirements of this article, all development in the business districts shall meet the applicable requirements as listed elsewhere in this ordinance.
   (a)   Design Review Overlay Zone Requirements, see Chapter 1133.
   (b)   General Provisions, see Chapter 1141.
   (c)   Conditional Use Requirements, see Chapter 1143.
   (d)   Development Plan Review, see Chapter 1145.
   (e)   Landscaping and Buffering, see Chapter 1147.
   (f)   Parking and Loading, see Chapter 1149.
   (g)   Signs, see Chapter 1151.
      (Ord. 4-21. Passed 1-4-21.)

1127.01 DISTRICT PURPOSE.

   (a)   I-1, Light Industrial. The intent of this district is primarily to provide employment opportunities in light manufacturing, distribution and research, along with appropriate support services, in areas of the city near suitable transportation infrastructure where the uses will be compatible and integrated with residential and other non-residential uses.
   (b)   I-2, Heavy Industrial. In support of major industrial employers within the City, this district accommodates large-scale manufacturing and distribution facilities, in addition to support services. The district is intended to encompass large tracts of land that can be planned and developed with an integral network of streets and ready access to transportation infrastructure. Characteristics of the uses in this district are likely to include extensive outdoor storage areas, heavy truck traffic, production of goods from raw materials, multiple worker shifts and large parcels. (Ord. 4-21. Passed 1-4-21.)

1127.02 SCHEDULE OF ALLOWED USES.

   Buildings or land shall not be used and buildings shall not be erected, except for the following specified uses, unless otherwise provided for in this Ordinance. Land and/or buildings in the districts indicated at the top of Table 1127.02 may be used for the purposes denoted by the following abbreviations:
   (a)   Permitted Use (P). Land and/or buildings with this designation may be used for these purposes by right.
   (b)   Conditional Use (C). Land and/or buildings with this designation may be used for these purposes if conditional approval is granted by the Planning Commission upon a finding that all applicable requirements in Chapter 1143 are satisfied.
   (c)   Specific Conditions. Indicates that conditions related to the specific use must be satisfied in addition to the general criteria of Sections 1143.02 and 1143.03.
(Links for Table 1127.02: 1141.26, 1141.33, 1143.04, 1143.05, 1143.07, 1143.08)
 
 
 
 
(Ord. 4-21. Passed 1-4-21; Ord. 251-23. Passed 12-4-23; Ord. 36-25. Passed 4-7-25.)

1127.03 DIMENSIONAL REQUIREMENTS.

   All lots and buildings shall meet the minimum area and width requirements listed below in Table 1127.03 for the corresponding district requirements. New lots shall not be created, except in conformance with these requirements. In addition, all structures and their placement on a lot shall conform to the minimum dimensional requirements listed for the respective districts.
 
8 Minimum side and rear setback abutting a residential zoning district shall be 50 ft. in the I-1 and 75 ft. in the I-2 District.
 
 
 
(Ord. 4-21. Passed 1-4-21.)

1127.04 SITE DEVELOPMENT REQUIREMENTS.

   In addition to the requirements of this Ordinance, all development in the industrial districts shall meet the applicable requirements as listed elsewhere in this Ordinance.
   (a)   Design Review Overlay Zone Requirements, see Chapter 1133.
   (b)   General Provisions, see Chapter 1141.
   (c)   Conditional Use Requirements, see Chapter 1143.
   (d)   Development Plan Review, see Chapter 1145.
   (e)   Landscaping and Buffering, see Chapter 1147.
   (f)   Parking and Loading, see Chapter 1149.
   (g)   Signs, see Chapter 1151.
      (Ord. 4-21. Passed 1-4-21.)

1129.01 DISTRICT PURPOSE.

   MU, Mixed-Use District. The purpose of Mixed-use Districts in general is to permit and encourage a combination of multiple uses within a single compact development that enables walkability, reduces reliance on vehicular travel and promotes a more vibrant and interactive urban environment than traditional single-purpose developments. Each of the mixed-use districts established within this chapter is intended to support the specific recommendations of the City of Lorain Comprehensive Plan with respect to development of distinct and identifiable nodes throughout the community.
(Ord. 4-21. Passed 1-4-21.)

1129.02 SCHEDULE OF ALLOWED USES.

   Buildings or land shall not be used and buildings shall not be erected, except for the following specified uses, unless otherwise provided for in this ordinance. Land and/or buildings in the districts indicated at the top of Table 1129.02 may be used for the purposes denoted by the following abbreviations:
   (a)   Permitted Use (P). Land and/or buildings with this designation may be used for these purposes by right.
   (b)   Conditional Use (C). Land and/or buildings with this designation may be used for these purposes if conditional approval is granted by the planning commission upon a finding that all applicable requirements in Chapter 1143 are satisfied.
   (c)   Specific Conditions. Indicates that conditions related to the specific use must be satisfied in addition to the review procedures and general criteria of Sections 1143.02 and 1143.03.
(Links for Table 1129.02: 1141.26, 1141.33, 1143.04, 1143.05, 1143.06, 1143.07)
 
(Ord. 4-21. Passed 1-4-21; Ord. 251-23. Passed 12-4-23; Ord. 36-25. Passed 4-7-25.)

1129.03 DIMENSIONAL REQUIREMENTS.

   All lots and buildings shall meet the minimum area and width requirements listed below in Table 1129.03 for the corresponding district requirements. New lots shall not be created, except in conformance with these requirements. In addition, all structures and their placement on a lot shall conform to the minimum dimensional requirements listed.
9 Refers to total project area to be developed.
10 Refers to area occupied by commercial, office or institutional uses and associated parking, not including required open space. Accessory business uses entirely within a principal use such as golf course pro shops, employee day care or hair salons for residents of a retirement community shall not be counted toward the non-residential area requirements.
11 Minimum setbacks shall not be applied to individual lots within the development; provided, all greenway and buffer requirements specified in Chapter 1147 shall apply to property abutting the perimeter of the mixed-use development and any public street.
12 Required open space may include the following if generally accessible to all users of the mixed-use development: parks, landscaped buffer areas, lakes, rooftop gardens, plazas, city squares, playgrounds and recreation areas, outdoor sports facilities and pedestrian walkways or paths; provided, the requirements of Section 1129.04 shall be met.
(Ord. 4-21. Passed 1-4-21.)

1129.04 ADDITIONAL REQUIREMENTS.

   (a)   Open Space. Dedicated open space shall be provided in accordance with the following standards:
      (1)   A minimum percentage of the gross land area, as specified in Table 1129.03, shall be dedicated open space. A residential density bonus over and above the density otherwise allowed in the mixed- use district may be approved by the City Council; provided, the applicant increases the percentage of the total project area to be dedicated for open space. This bonus may be granted only if specifically requested by the applicant. Any such bonus shall consist of a one percent (1%) increase in the allowable density for every one percent (1%) of land area devoted to dedicated open space.
      (2)   Dedicated open space land shall be shown on the preliminary plat or site plan and shall be labeled to specify that the land has been dedicated for open space purposes and is permanently reserved for open space. The applicant shall convey the dedicated open space as a condition of plat approval through any of the following means, as approved by the City Council:
         A.   Deeded in perpetuity to the City of Lorain, only if accepted by the City Council;
         B.   Reserved for common use or ownership of all property owners within the development by covenants in the deeds approved by the City Law Director. A copy of the proposed deed covenants and restrictions shall be submitted with the application. The deed covenants shall provide that the HOA shall be responsible for the care and maintenance of all common areas.
         C.   Deeded in perpetuity to a private, non-profit, tax-exempt organization legally constituted for conservation purposes under terms and conditions that ensure the perpetual protection and management of the property for conservation purposes. A copy of the proposed deeds and relevant corporate documents of the land trust shall be submitted with the application;
         D.   Deeded to a property owner's association within the development upon terms and conditions approved by the City Law Director that will ensure the continued use and management of the land for the intended purposes. If this option is selected, the formation and incorporation by the applicant of one (1) or more appropriate property owners' associations shall be required prior to plat approval. A copy of the proposed property owner's deed and the by-laws and other relevant documents of the property owner's association shall be submitted with the application. The following shall be required if open space is to be dedicated to a property owners' association:
            i.   Covenants providing for mandatory membership in the association and setting forth the owner's rights, interests, and privileges in the association and the common land, must be included in the deed for each lot or unit;
            ii.   The property owners' association shall have the responsibility of maintaining the open space and operating and maintaining recreational facilities;
            iii.   The association shall have the authority to levy charges against all property owners to defray the expenses connected with the maintenance of open space and recreational facilities;
            iv.   The applicant shall maintain control of dedicated open land and be responsible for its maintenance until development sufficient to support the association has taken place.
      (3)   As an alternative to providing all required open space on site, if approved by the city council, the applicant may provide up to fifty percent (50%) of the required open space utilizing one of the following options:
         A.   Dedication of an off-site parcel within the City limits; provided, the land is identified for open space or recreational purposes in an adopted City plan, the land is determined to be suitable for such purpose, and the area of such land is at least equal to the area for which the transfer is requested; or
         B.   Fees-in-lieu may be paid to the City, if accepted by the City Council, for open space acquisition purposes. The amount of the fee shall be determined by the City Council, based on the current market value of comparable properties within the City.
      (4)   Open space to be dedicated to the City shall have shape, dimension, character, location and topography to ensure appropriate public access and usability, and to accomplish at least two (2) of the following open space purposes:
         A.   Natural resource conservation;
         B.   Wetland and water course conservation;
         C.   Access to Lake Erie or the Black River;
         D.   Wildlife habitat;
         E.   Recreation;
         F.   Contiguity with existing city parks;
         G.   Civic purposes; or
         H.   Scenic preservation.
      (5)   Dedicated open space features that are not dedicated to the City may be open to the general public or restricted to the residents and users of the development.
      (6)   Streets, sidewalks, parking lots and other impervious surfaces shall be excluded from the calculation of required open space. However, lands occupied by tennis courts, basketball courts, swimming pools, pathways or similar common recreational amenities may be contained within dedicated open space; provided, such facilities shall not constitute more than twenty percent (20%) of the total required open space;
      (7)   Up to fifty percent (50%) of the dedicated open space requirement may be satisfied with land covered by water or by stormwater detention or retention basins if the City determines that such a water body or basin constitutes an amenity that contributes to the character of the mixed-use development and offers an active or passive leisure experience.
      (8)   At least fifty percent (50%) of the dedicated open space within a mixed-use development shall be usable for active and passive recreation including by way of example, but not limited to, walking, biking, playfields, picnicking, playgrounds, relaxation, and boating.
      (9)   The dedicated open space shall not be included in subdivision lots designated for development or in lot size calculations but may be subdivided; provided, it remains undeveloped open space.
   (b)   Relationship to Other Regulations. Each proposal for development within a mixed-use district is anticipated to be unique. Except as provided by this subsection, all mixed-use development shall be subject to the applicable standards, procedures, and regulations of this Ordinance. The development conditions submitted as part of the mixed-use application, per Section 1129.04(c)(4), and approved by the City Council, shall supersede these regulations, unless otherwise prohibited by law, and shall be vested per the ordinance in effect at the time of approval.
   (c)   Parking. In order to support the concept of mixed-use, as described in Section 1129.01, the Planning Commission may recommend and Council may approve modification of the minimum parking requirements of Section 1149.03 to facilitate shared parking, walkability and/or use of alternate transportation modes.
   (d)   Connectivity. Pathways for bicycles and pedestrians shall be incorporated throughout the mixed-use development and along all perimeter streets to ensure connectivity between uses and with adjacent properties. Pathways and sidewalks shall be constructed in accordance with the City design standards.
   (e)   Platting. Platting requirements shall be in accordance with the subdivision regulations of the City of Lorain in effect at the time the mixed-use development is approved. Plat approval shall be subject to and conditioned upon approved covenants and restrictions being filed with the approved plat.
   (f)   Performance Guarantees. Financial guarantees to ensure performance shall be provided in accordance with Section 1173.06 of this Ordinance.
   (g)   Private Covenants and Restrictions.
      (1)   Covenants and restrictions for the property within any mixed-use district are required and must be recorded with the office of the County Clerk prior to the approval of a plat or issuance of a building permit. These restrictions shall run with the land to ensure that, if subdivided or developed in phases, the covenants and restrictions shall still be enforced.
      (2)   Covenants and restrictions shall:
         A.   Be based on the conditions attached to the approved mixed-use district application;
         B.   Subject each owner or person taking title to land located within the development to the terms and conditions of the covenants and restrictions as well as any other applicable regulations;
         C.   Establish a property owners association (POA) with mandatory membership for each owner or person taking title to land located within the development, and require the collection of assessments from owners in an amount sufficient to pay for its functions; and
         D.   Provide for the ownership, development, management, and maintenance of any private open space, private community parking facilities, private community meeting spaces, or other common areas, as required by Section 1129.04(a)(2).
            (Ord. 4-21. Passed 1-4-21.)

1129.05 REVIEW PROCEDURES.

   All requests for approval of a mixed-use zoning district shall be subject to the review and approval procedures of this section. Mixed-use zoning may be established on any property at the initiation of the City of Lorain or by rezoning application submitted by the property owner. If initiated by the City, development of the property shall be subject to review and approval of concept and final development plans, in accordance with the applicable provisions of this section.
   (a)   Pre-application Review.
      (1)   All applicants seeking mixed-use zoning approval shall schedule a pre-application conference with the Zoning Administrator (and other department personal as the Zoning Administrator deems appropriate) to discuss the proposed development. At the pre-application conference, the Zoning Administrator shall review a proposed sketch plan.
      (2)   At minimum, the sketch plan shall contain the following information:
         A.   Location map of the proposed site;
         B.   General description of proposed land uses, including approximate location and acreage; and
         C.   Proposed gross density of the development, and net density of individual areas or parcels within the development.
      (3)   A narrative description shall also accompany the sketch plan. The narrative shall describe how the proposed mixed-use zoning and uses relate to the recommendations of the Lorain Comprehensive Plan and any anticipated inconsistencies between the proposed development and the provisions of this chapter.
      (4)   The Zoning Administrator shall review the sketch plan and narrative and advise the applicant regarding conformance or inconsistencies with the requirements of this chapter and any modifications that may be required to comply with the Ordinance requirements. Once the pre-application conference is complete, if the applicant wishes to proceed with the zoning application a preliminary plan of the entire mixed-use development shall be prepared and submitted with a formal application.
(b)   Approval Authority.
      (1)   The Planning Commission and, where applicable, the Design Review Board shall have review and advisory authority for the preliminary plan.
      (2)   The City Council shall have final approval authority for the zoning change and the preliminary plan.
   (c)   Preliminary Plan.
      (1)   Application requirements.
         A.   A complete application shall be filed on a form provided by the Zoning Administrator, along with the application fee, a preliminary plan meeting all requirements of Section 1129.05(c)(2) and any development conditions proposed by the applicant. Incomplete applications or preliminary plans shall be returned to the applicant without further processing.
         B.   Unless specifically modified by development conditions accepted by the City Council, a mixed-use development shall comply with all regulations in effect at the time of rezoning approval.
         C.   The mix of uses shall be limited to those specified in Table 1129.02 for the mixed-use district.
      (2)   Preliminary plan requirements. At minimum, the preliminary plan shall contain the following information in schematic form, unless specifically waived by the Zoning Administrator:
         A.   A title, giving the names of the developers and property owners, the date, scale, and the person or firm preparing the plan.
         B.   A vicinity map and north arrow.
         C.   The location and size of the property involved.
         D.   The current zoning of the subject property and surrounding properties.
         E.   The general land use of adjoining properties.
         F.   Location of proposed uses assigned to sub-areas within the subject property.
         G.   A tabulation of total dwelling units and overall densities and the approximate gross floor area to be devoted to non-residential uses and activities.
         H.   General location of existing steep slopes, flood zones, wetlands and other riparian areas, stands of trees, and other significant environmental features.
         I.   General layout of intended transportation routes including streets and major pedestrian ways.
         J.   The location of existing infrastructure (examples may include: roadways, sidewalks, and proximity of nearest water and/or sewer mains).
         K.   Conceptual location for any proposed public uses including schools, parks, fire and medical emergency services, etc.
         L.   General areas to be designated for common open space.
         M.   A phasing plan, if applicable.
         N.   A narrative statement of proposed benefits to the City.
      (3)   Review and approval.
         A.   Staff review.
            i.   Upon receipt of a complete mixed-use development application, the Zoning Administrator shall distribute the application materials to the appropriate City departments for review, including, but not limited to, engineering, utilities, fire, safety service, the Mayor, and the law department.
            ii.   If the proposed project is located within the design review overlay district or on property containing a designated historic structure or landmark the Zoning Administrator shall also distribute the application materials to the Design Review Board for review and comment.
            iii.   The Zoning Administrator shall prepare a staff report based on the comments provided by Planning Department and other staff and, if applicable, the Design Review Board. The report and recommendations shall be forwarded to the Planning Commission for review and recommendation.
            iv.   The Zoning Administrator shall provide notice as required and schedule the mixed-use application on the next available Planning Commission agenda in accordance with the rules of procedure established by the Planning Commission. The Zoning Administrator will then inform the applicant/agent when the request will appear on the Planning Commission agenda for action on the application. The applicant or authorized representative must be present at the meeting or the matter may be tabled, denied without consideration, or acted upon based upon the information and documents then properly before the Commission.
         B.   Planning Commission hearing and recommendation.
            i.   The Zoning Administrator shall present the staff report to the Planning Commission.
            ii.   After allowing time for presentation from the applicant and public comments, the Planning Commission shall consider the application, staff report and public comment for conformance with the requirements of this Ordinance and the review criteria in Section 1129.06.
            iii.   The Planning Commission shall then make a recommendation to the City Council to approve or deny the application. Conditions may also be recommended for Council consideration.
            iv.   The applicant or authorized representative shall be present at all meetings at which the request is to be considered. If the applicant or authorized representative is not present, the matter may be tabled.
         C.   City Council final decision.
            i.   The staff report and Planning Commission recommendations shall be forwarded to the City Council for review and final decision.
            ii.   The zoning administrator shall submit Planning Commission's recommended action on the mixed use application to the Clerk of Council for placement on the agenda of the next available City Council meeting, after any required notice has been published in accordance with all requirements established by applicable Ohio and City of Lorain statutes, ordinances, and regulations, or by Council rules.
            iii.   After allowing time for presentation from the applicant and other comments, the City Council shall consider the application for conformance with the requirements of this Ordinance and the review criteria in Section 1129.06.
            iv.   The City Council shall make a decision to approve the application, approve the conditions, or deny the application.
            v.   The applicant or authorized representative shall be present at all meetings at which the request is to be considered. If the applicant or authorized representative is not present, the matter may be tabled.
      (4)   Development conditions. The applicant may offer, or Council may impose, conditions to be attached to the rezoning.
         A.   Conditions may be more restrictive than the requirements of this chapter or may propose modifications of the requirements in Table 1129.03 but shall not alter the intent of the applicable mixed-use district nor permit uses not authorized by Table 1129.02. In addition, the conditions offered or imposed shall be consistent with the land use, density and other relevant recommendations of the City's comprehensive plan for the subject property.
         B.   Within a mixed-use development, the minimum buffer requirements specified in Section 1147.04(b) between uses shall not apply within the mixed-use development; provided, the Planning Commission or City Council may require separation or buffering of uses as a condition of preliminary plan approval.
         C.   The conditions shall be described in writing.
         D.   The development conditions shall be binding upon the property, unless amended by in conformance with the requirements of Section 1129.05(e).
   (d)   Final Plan or Site-Specific Plan.
      (1)   Phasing. The mixed-use development may be completed in multiple phases. If the development is to be completed in a single phase, the applicant shall prepare and submit a final development plan. If the development is to be completed in more than one (1) phase, the applicant may prepare and submit a site-specific plan for one (1) or more phases prior to construction of the phase or phases. In either case, the final plan/site-specific plan (for the initial phase(s)) shall be submitted within two (2) years of the date of approval of the preliminary plan and shall contain the elements required in Section 1145.05(a) for final development plans. Such plan shall conform to the previously approved preliminary plan. Final plans for subsequent phases of the approved development shall be submitted within five (5) years of final plan approval of the initial phase(s); provided, the Planning Commission may grant one (1) extension of this time period up to one (1) year, if requested in writing by the applicant prior to expiration of the five (5) year limit.
      (2)   Planning Commission review and approval.
         A.   The Zoning Administrator shall distribute the final plan or site-specific plan and application to the appropriate departments and, if located within the design review overlay district, to the Design Review Board for review to ensure that all required elements are met.
         B.   Once the plan has been received and reviewed by the departments and, if applicable, the Design Review Board and the applicant has met all of the required elements of this Ordinance, any other applicable regulations, and the adopted preliminary plan and development conditions, the Zoning Administrator shall transmit the plan to the Planning Commission for final approval, in accordance with Section 1145.04(c).
         C.   If the plan is inconsistent in any significant aspect, as described below, with the approved preliminary plan, the procedure specified in Section 1129.05(e) shall be followed.
         D.   The applicant or authorized representative shall be present at all meetings at which the request is to be considered. If the applicant or authorized representative is not present, the matter may be tabled.
      (3)   Expiration. Approval of the final plan or site-specific plan shall be subject to the time limits specified in Section 1145.09.
   (e)   Amendments. Any and all amendments to the preliminary plan and/or final/site-specific plans for the mixed-use development shall be subject to the following review procedures:
      (1)   The Zoning Administrator shall have the authority to approve:
         A.   Changes which result in a decrease in approved density or building size, either residential or non-residential
         B.   Change in land use designation from multi-family to single-family or a change from any other use to open space/passive recreation.
         C.   Change of land use in conformance with a use conversion schedule approved with the development agreement.
         D.   Minor changes in infrastructure features (i.e., roads/access, sewer, water, storm drainage) or of off-site properties which are clearly beneficial to the occupants of the mixed-use area and will have no impact on adjoining or off-site properties; provided, approval has been given by the City Engineer.
         E.   Movement of buildings within the same general vicinity as shown on the approved plan provided all set back requirements are met.
         F.   Internal rearrangement of a parking lot that does not affect the number of parking spaces or alter access locations or design.
      (2)   All other changes shall be considered as a new application and processed in accordance with the provisions of Section 1129.05(c) and (d).
         (Ord. 4-21. Passed 1-4-21.)

1129.06 DEVELOPMENT REVIEW CRITERIA.

   Applications for mixed-use development shall only be approved upon a finding of compliance with the following criteria:
   (a)   Rezoning Criteria. The criteria of Chapter 1177 for Ordinance amendments shall be satisfied.
   (b)   Development Plan Standards. The standards of Section 1145.06 for development plans shall be satisfied.
   (c)   Consistency with Comprehensive Plan. All mixed-use development shall be designed, constructed and maintained in conformance with the applicable guidelines and standards established by the City of Lorain Comprehensive Plan.
   (d)   Integration with Transportation System. Mixed-use developments shall be designed to integrate into the adjacent transportation system relative to the following criteria. A traffic impact assessment, as provided in Section 1149.06(e), may be required to determine conformance with these criteria.
      (1)   Pedestrian connections to ensure accessibility to current or future transit service, if applicable;
      (2)   Connectivity to existing and future roadways, sidewalks and pathways;
      (3)   Complete streets roadway design that accommodates multiple transportation modes;
      (4)   Strategic locations of parking lots and structures;
      (5)   Compatibility with the regional transportation system of arterials and collectors; and
      (6)   Access management to provide internal connections between uses and prohibit individual driveway access to perimeter roads.
   (e)   Impact on Infrastructure. The development is staged in a manner that allows for and facilitates the timely provision of public utilities, facilities and services.
   (f)   Compatibility of Uses and Structures. The mixed-use development is planned so land uses and densities create an appropriate transition to existing or planned uses and densities on adjoining properties.
   (g)   General Site Design: The following characteristics shall be incorporated into the mixed-use development:
      (1)   Pedestrian accessibility/concentration of development (critical mass) in a compact, walkable area.
         A.   Uses are concentrated to promote convenient pedestrian access. Large projects concentrate uses in multiple nodes, each preferably within a quarter-mile diameter.
         B.   Pedestrian circulation is clearly defined and connects all uses.
         C.   Bicycle and pedestrian access are provided internally and to adjacent developments.
         D.   Sidewalks are provided on each side of rights-of-way or private streets throughout the development and on the arterial streets abutting the development.
         E.   Strip commercial development characterized by single story uncoordinated, unconnected buildings with large street frontage parking lots is specifically prohibited. Strip malls with uncoordinated, unconnected out parcels are prohibited. All structures shall be fully integrated into the mixed-use project through common design themes (including, but not limited to, lighting, benches, landscaping, other decorative features but not necessarily building design), integration with a variety of uses, nonlinear arrangement, common spaces, pedestrian walkways, vehicular access connections and other features.
      (2)   Plazas, courtyards and other common areas are provided for public gathering and interaction. Amenities, such as benches, planters, lighting, fountains, art and landscaping that further the design theme of the project and encourage interaction shall be provided.
      (3)   Mixed-use projects require special attention to building design because of the relationship of land uses in close proximity. Functional integration of residential and commercial uses shall be considered during design of mixed-use projects. The following standards are intended to guide development of mixed-use projects:
         A.   The mixed-use development shall be designed and developed to provide an appropriate interrelationship between the various uses and structures within the development through the use of complementary materials, unified streetscape treatment, buffering, connectivity for vehicular and pedestrian movement, building orientation, parking location and height transition.
         B.   Residential and commercial uses may be located within the same or adjoining structures, provided applicable building, health and safety regulations are followed.
         C.   Structures shall provide architectural relief and interest, with emphasis at building entrances and along sidewalks, to promote and enhance a comfortable pedestrian scale and orientation. Structures shall have consistent scale and massing to create a unified project. Compatibility with the immediate context is required. However, gradual transitions in scale and massing are permitted.
            i.   Blank walls shall be avoided by including ground floor windows, recesses, extensions and breaks in roof elevation.
            ii.   Design shall provide differentiation between ground level spaces and upper stories. For example, bays or balconies for upper levels, and awnings, canopies or other similar treatments for lower levels can provide differentiation. Variation in building materials, trim, paint, ornamentation, windows, or other features such as public art, may also be used.
            iii.   Design shall ensure privacy in residential sectors through effective window placement, soundproofing, landscape screening or orientation of outdoor living areas (e.g., balconies, porches and patios). Opposite facing windows at close distances should be offset vertically or horizontally, or employ appropriate materials (e.g., glazed or tinted) to protect privacy.
      (4)   Housing diversity shall be required. At least two (2) different residential types, as listed in the Schedule of Uses, with a range of sizes shall be incorporated into the development.
      (5)   Permitted flexibility in lot sizes, setbacks, street widths and landscaping shall result in a more livable development, preservation of natural features and creation of open space consistent with the policies of the comprehensive plan and this Ordinance.
         (Ord. 4-21. Passed 1-4-21.)

1129.07 SITE DEVELOPMENT REQUIREMENTS.

   In addition to the requirements of this chapter, all development in the mixed-use district shall meet the applicable requirements as listed elsewhere in this ordinance; provided, in the event of a conflict, the requirements of the Mixed-Use District shall supersede.
   (a)   Design Review Overlay Zone Requirements, see Chapter 1133.
   (b)   General Provisions, see Chapter 1141.
   (c)   Conditional Use Requirements, see Chapter 1143.
   (d)   Development Plan Review, see Chapter 1145.
   (e)   Landscaping and Buffering, see Chapter 1147.
   (f)   Parking and Loading, see Chapter 1149.
   (g)   Signs, see Chapter 1151.
      (Ord. 4-21. Passed 1-4-21.)

1131.01 DISTRICT PURPOSE.

   The PUD District is established to promote creative land development and construction by encouraging flexibility and innovative practices that result in:
   (a)   A broader choice of living environments by allowing a variety of housing options, permitting greater density and reducing minimum dimensional requirements.
   (b)   A more useful pattern of open space and recreational amenities.
   (c)   A compatible mix of residential and non-residential uses resulting in cohesive, vibrant, walkable communities.
   (d)   A development pattern which preserves and utilizes natural topography and geologic features, scenic vistas, trees and other vegetation, and prevents the disruption of natural drainage patterns.
   (e)   A more efficient use of land than is generally achieved through conventional development resulting in substantial savings through shorter utilities and streets.
   (f)   A development pattern in harmony with the land use, transportation, and other objectives of the comprehensive plan.
      (Ord. 4-21. Passed 1-4-21.)

1131.02 QUALIFYING CONDITIONS.

   At a minimum, all proposed planned unit developments shall meet the following qualifying conditions, as applicable, to be considered for approval:
   (a)   Location. Planned unit developments may be located in any part of the City, subject to meeting all other applicable requirements.
   (b)   PUD Purpose. The applicant shall demonstrate that the planned unit development will achieve two (2) or more of the purposes listed in Section 1131.01.
   (c)   Size. The minimum site size for a planned unit development shall be based on the type of development, as shown in the following table. Churches, public or private schools, public buildings, and recreational amenities such as golf courses and health clubs, and their ancillary commercial uses such as club houses and pro shops, shall not be considered non-residential uses for purposes of this condition. Sites containing less than the minimum required acreage may be approved by City Council, if the Council determines that the site will advance the purposes of the planned unit development district and:
      (1)   Rezoning the property to PUD will not result in a significant adverse effect upon nearby properties;
      (2)   The proposed uses will complement the character of the surrounding area;
      (3)   The purpose and qualifying conditions of the PUD district can be achieved within a smaller area; and
      (4)   PUD zoning is not being used as a means to circumvent conventional zoning requirements.
 
Table 1131.02, Minimum Site Size
PUD Type
Minimum Required Site Size
All residential
20 acres
Mixed residential/non-residential
30 acres
All non-residential
10 acres
   (d)   Housing Variety. A residential planned unit development shall contain a variety of housing types and/or lot sizes to provide for varying lifestyles, diversity and affordability.
   (e)   Utilities. The planned unit development shall be served by public water and sanitary sewer facilities.
   (f)   Ownership and Control. The tract(s) of land for which a PUD application is submitted must be either in single ownership or the subject of an application filed collectively by all owners of the property. Each property owner, or their agent, must sign the PUD application.
   (g)   Recognizable Public Benefit. The planned unit development shall achieve recognizable and substantial benefits that may not be possible under the existing zoning classification(s). At least two (2) of the following benefits shall be accrued to the community as a result of the proposed PUD:
      (1)   Preservation of significant natural features,
      (2)   A complementary mix of land uses or housing types,
      (3)   Preservation of common open space beyond the minimum required,
      (4)   Connectivity of preserved open space with open space, greenways or public trails on abutting properties,
      (5)   Coordinated redevelopment of multiple lots or parcels,
      (6)   Removal or renovation of deteriorating buildings, sites or contamination clean-up. (Ord. 4-21. Passed 1-4-21.)

1131.03 ALLOWED USES.

   Any land use or combination of uses may be considered for inclusion within a planned unit development. (Ord. 4-21. Passed 1-4-21.)

1131.04 DEVELOPMENT PROVISIONS.

   (a)   Minimum Lot Size and Zoning Requirements. Lot area, width, setbacks, height, lot coverage, minimum floor area, parking, landscaping, lighting and other requirements for the district specified in the following table for the proposed use shall apply to all such uses within a planned unit development, unless modified in accordance with the provisions of Section 1131.04(b). Within a PUD, the minimum buffer requirements specified in Section 1147.04(b) between uses shall not apply; provided, the Planning Commission or City Council may require separation or buffering of uses as a condition of preliminary plan approval.
Table 1131.04, Zoning Requirements by Use Type
Land Use Type
Applicable Zoning District
Detached single family residential
R-2
Two family residential
Attached single family residential
Multiple family
R-3
Commercial
B-2
Industry
I-1
Public/Quasi-Public
R-1A
   (b)   Modification of Minimum Requirements. Regulations applicable to a land use in the planned unit development district may be altered from the requirements specified in Table 1131.04, including the following: modification from the lot area and width, building setbacks, height, lot coverage, signs and parking. However, a reduction in lot size shall not result in an increase in the number of dwellings otherwise permitted by the applicable zoning district. Land gained by the reduction in lot sizes shall be added to the open space required within the PUD. The applicant for a planned unit development shall identify, in writing, all proposed deviations from the zoning district requirements. Modifications may be approved by the City Council during the preliminary development plan review stage, after Planning Commission recommendation. Adjustments to the minimum requirements may be permitted only if they will result in a higher quality and more sustainable development, consistent with the purpose of the planned unit development district, as expressed in Section 1131.01.
   (c)   Density Bonus. In addition to the modification of minimum requirements permitted in Section 1131.04(b), the City Council, after Planning Commission recommendation, may permit an increase in the total number of residential units otherwise allowed within a planned unit development, according to the requirements in Table 1131.04, where it is demonstrated that:
      (1)   The appearance and construction will result in a development of high quality, as evidenced by the innovative design and use of building materials such as stone, masonry, wood and hardie-plank, but not including vinyl; and
      (2)   At least two (2) of the following will be included within the development:
         A.   Amenities, beyond the minimum required open space, will be provided to create a more sustainable community and desirable living environment;
         B.   Dedicated common open space is provided in excess of the minimum required, per Section 1131.04(d)(1).
         C.   One (1) or more LEED-certified buildings will be constructed.
         D.   Significant natural features, including stands of mature trees, will be preserved and/or substantial landscaping beyond the minimum requirements will be incorporated into the development.
         E.   Decorative pavers or similar aesthetic enhancements will be incorporated into the vehicular and pedestrian circulation system.
         F.   A commercial and/or office component is proposed within the PUD.
         G.   Increased roof pitches will be incorporated into the residential design.
         H.   Three (3) or more public benefits, as identified in Section 1131.02(g), will be achieved.
   (d)   Common Open Space. For purposes of the planned unit development requirements, "common open space" is defined as an area of land or water, or a combination of land and water, designed and intended for the perpetual use and enjoyment of the users of the development and/or the general public. Common open space may contain accessory structures and improvements necessary or desirable for educational, noncommercial, recreational or cultural uses. A variety of open space and recreational areas is encouraged such as: children's informal play areas in close proximity to neighborhoods or dwelling unit clusters; formal parks, picnic-areas and playgrounds; pathways and trails; scenic open areas and communal, noncommercial recreation facilities; and natural conservation areas. At a minimum, the following regulations shall apply to all common open space within a planned unit development:
      (1)   The area of common open space shall not be less than twenty percent (20%) of the total land area of a planned unit development containing any residential units and not less than ten percent (10%) of the total land area in non-residential developments. Land dedicated for recreation, in accordance with Section 1131.04(d)(3), shall count toward the common open space requirement.
      (2)   All common open space shown on the final development plan must be reserved or dedicated by conveyance of title to a corporation, association or other legal entity, by means of a restrictive covenant, easement or through other legal instrument. The terms of such legal instrument must include provisions guaranteeing the continued use in perpetuity of such open space for the purposes intended and for continuity of proper maintenance of those portions of the open space requiring maintenance.
      (3)   The open space shall meet the following minimum dimensions, contiguity and connectivity requirements:
         A.   The required open space shall be centrally located, established along the street frontage of the development to protect or enhance views, located to preserve significant natural features, adjacent to dwellings, and/or located to interconnect other open spaces throughout the development or on contiguous properties.
         B.   Required open space areas shall be of sufficient size and dimension and located, configured, or designed in such a way as to achieve the applicable purposes of these regulations and enhance the quality of the development. The open space shall neither be perceived nor function simply as an extension of the rear yard of those lots abutting it.
         C.   If the site contains a lake, stream or other body of water, the City may require that a portion of the required open space shall abut the body of water.
         D.   All required open space areas shall be configured so the open space is reasonably accessible to and usable by residents, visitors and other users of the development. The minimum size of any individual open space area shall be sufficient to achieve the visual and functional intent of the open space provisions and not simply be a remnant piece of land; and, further provided, that the City Council, upon recommendation of the planning commission, may approve other open space areas designed and established as pedestrian or bicycle paths or are otherwise determined to be open space reasonably usable by residents, visitors and other users of the development.
         E.   Open space areas are encouraged to be linked with adjacent open spaces, public parks, bicycle paths or pedestrian paths.
         F.   Grading in the open space shall be minimal, with the intent to preserve existing topography, trees and other natural features, where practical.
         G.   A sign, structure, or building may be erected within the required open space if it is determined to be accessory to a recreation or conservation use or an entryway. These accessory structure(s) or building(s), shall not exceed, in the aggregate, five percent (5%) of the open space area. Accessory structures or uses of a significantly different scale or character than present in abutting residential districts shall not be located near the boundary of the development if they may negatively impact the residential use of adjacent lands. Pathways or sidewalks shall be exempt from this limitation.
         H.   The following areas shall not qualify as required common open space for the purposes of this section.
            i.   The area within any public street right-of-way.
            ii.   The area within private road easements.
            iii.   The area within a subdivision lot.
            iv.   Land within any required yard or setback area.
            v.   Parking and loading areas.
            vi.   Fifty percent (50%) of any easement for overhead utility lines.
            vii.   Fifty percent (50%) of any steep slopes (twelve percent (12%) or over).
            viii.   Seventy-five percent (75%) of any lake, stream, detention pond, wetlands or floodplain that is not generally accessible within the development. Accessible shall mean that the feature is bordered by a substantial open space area, park, playground, pathway or reasonable means of access for enjoyment of all owners, visitors or others, in which case fifty percent (50%) of the area may qualify as required common open space.
            ix.   Fifty percent (50%) of the area of any golf course.
   (e)   Connectivity. Pathways for bicycles and pedestrians shall be incorporated throughout the planned unit development and along all perimeter streets to ensure connectivity between uses and with adjacent properties. Pathways and sidewalks shall be constructed in accordance with the City design standards.
(Ord. 4-21. Passed 1-4-21.)

1131.05 APPLICATION PROCEDURE.

   (a)   Pre-application Conference. Prior to submitting a formal application, the applicant shall schedule a meeting with the Zoning Administrator to discuss the zoning classification of the site, the applicable requirements and materials, the qualifying conditions, the review procedures and the proposed development concept. The Zoning Administrator shall notify other appropriate staff. The purpose of this meeting is to discuss the proposed project and provide relevant information to the applicant. However, no statements or representations made at this meeting shall be construed to be a commitment or an assurance of approval on the part of the City.
   (b)   Preliminary Planned Unit Development Review and Rezoning. The following procedures shall be followed for the review of any planned unit development request.
      (1)   Application. An application for rezoning to planned unit development district shall be submitted to the Zoning Administrator by the owner, owner's authorized representative or option holder of the property that is the subject of the application. The application shall be filed on a form provided for that purpose, along with a fee established by the City Council, and a preliminary plan and narrative containing the information specified in the following subsections. Incomplete applications will not be accepted and will not be processed or forwarded to the Planning Commission. The applicant may, at his/her sole discretion, submit a final development plan, as specified in Section 1131.05(c)(3), in lieu of the preliminary plan; provided, all other review procedures of Section 1133.05(b) shall be applicable.
         A.   Preliminary Plan. A preliminary plan shall be submitted and include the following:
            i.   Name, address, phone number and email address of the applicant
            ii.   Name, address, phone number and email address of the professional or firm that prepared the plan
            iii.   Legal description of the property
            iv.   North arrow, scale and title block
            v.   General location map
            vi.   Existing zoning on the subject property and all abutting properties
            vii.   Property boundary survey
            viii.   Adjacent buildings and structures within 100 feet of the property boundaries
            ix.   All perimeter streets abutting the property, including right-of-way width
            x.   Existing topographic conditions (two (2) foot intervals)
            xi.   Existing natural features (woods, ponds, streams, wetlands, slopes greater than twelve percent (12%))
            xii.   Approximate location of existing and proposed utilities, including a preliminary utility and drainage preliminary plan
            xiii.   Proposed uses within the planned unit development
            xiv.   Conceptual layout of the development illustrating the general location of interior streets, access points to abutting streets, common open spaces, areas to be developed by type of use, parking areas and easements
            xv.   Perspective sketches or photographs of representative building types, illustrating the proposed architectural style and building materials
         B.   Project Narrative. A written statement shall also be submitted with the application, providing the following information:
            i.   Statement of how the planned unit development meets each of the Qualifying Conditions specified in Section 1131.02.
            ii.   Identification of the present owners of all land within the proposed project.
            iii.   Explanation of the proposed character of the planned unit development, including a summary of acreage by use, number and type of dwelling units, gross residential density, area and percent of the project to be preserved as common open space, minimum lot sizes by type of use.
            iv.   A complete description of any requested deviations, in accordance with Section 1131.04(b), from the minimum spatial or other requirements applying to the property.
            v.   An explanation of why the proposed development should be given a density bonus, if applicable, in accordance with Section 1131.04(c).
            vi.   A general description of the proposed development schedule and anticipated phases.
            vii.   Intended agreements, provisions and covenants to govern the use of the development, approval of building materials/architectural styles and open space areas to be preserved.
      (2)   Planning Commission Review. Following receipt of a complete application package, the Zoning Administrator will cause the application materials to be forwarded to the Planning Commission for review. If the proposed project is located within the historic overlay district, the Zoning Administrator shall also distribute the application materials to the Design Review Board for review and comment. Following receipt of a complete application and all required plans and information, the Planning Commission shall review the request and make a recommendation to the City Council, as follows:
         A.   Recommendation. Within sixty (60) days following the zoning administrator's determination that the application is complete, the commission shall recommend to council that the preliminary plan and planned unit development zoning be approved as presented, approved with supplementary conditions, or disapproved. The recommendation shall be based on the standards of Section 1131.06. However, the commission may, with the consent of the applicant, extend the sixty (60) day time limit.
         B.   Project representation. The applicant or authorized representative shall be present at all meetings at which the request is to be considered. If the applicant or authorized representative is not present, the matter may be tabled.
      (3)   City Council Action. Within forty-five (45) days of receiving the recommendation from the Planning Commission, Council shall schedule a public hearing and take final action on the request.
         A.   Notice of hearing. Within forty-five (45) days of receiving the recommendation from the Planning Commission, the matter shall be scheduled for a public hearing. Public notice of the time, date, location and purpose of the hearing shall be provided, in accordance with the requirements of Ohio zoning law.
         B.   Public hearing. The City Council shall conduct a public hearing in accordance with its rules of procedure.
         C.   Action. Within forty-five (45) days of the public hearing, council shall approve, approve with supplementary conditions or disapprove the preliminary plan, or final plan if the applicant chooses that option, and zoning change, based on the standards of Section 1131.06.
         D.   Failure of Council to take final action within forty-five (45) days of the public hearing shall constitute an approval of the Planning Commission's recommendation, unless said forty-five (45) day period is extended with the consent, or at the request of the applicant. An affirmative vote of the Council majority is needed to approve or modify the Planning Commission's recommendation. To reverse the Planning Commission's recommendation requires the affirmative vote of three-fourths (3/4) of the Council members.
         E.   Conditions. Failure of the applicant to comply with any conditions of approval shall be considered a violation of this Ordinance and subject to all applicable enforcement, remedies and penalties provided for in this Code.
         F.   Project representation. The applicant or authorized representative shall be present at all meetings at which the request is to be considered. If the applicant or authorized representative is not present, the matter may be tabled.
   (c)   Final Planned Unit Development Review: The following procedures shall be followed for the review of the final development plan.
      (1)   Timing. An application for final development plan approval shall be filed not later than twenty-four (24) months after the date of approval of the preliminary plan and zoning change, otherwise the preliminary plan approval shall be considered expired. One (1) extension of up to twelve (12) months may be authorized by the Zoning Administrator for reason/cause. The applicant shall submit the request for extension in writing, prior to the expiration of the original approval period, to the Zoning Administrator who shall make a written determination regarding his decision to extend or deny the extension. Both the request and the determination shall be made part of the record.
      (2)   Pre-application Conference. Prior to submitting a formal application, the applicant shall schedule a meeting with the Zoning Administrator to discuss the applicable requirements and materials, compliance with conditions that may have been imposed as part of the preliminary plan approval, review procedures and conformance of the final development plan with the approved preliminary plan. The Zoning Administrator shall notify other appropriate staff. The purpose of this meeting is to discuss the proposed project and provide relevant information to the applicant. However, no statements or representations made at this meeting shall be construed to be a commitment or an assurance of approval on the part of the City.
      (3)   Application. An application for approval of the final development plan shall be submitted to the Zoning Administrator by the property owner or owner's authorized representative. The application shall be filed on a form provided for that purpose, along with a fee established by the City Council, including a final development plan and narrative containing the information specified in the following subsections. Incomplete applications will not be accepted and will not be processed or forwarded to the Planning Commission.
         A.   Final Plan. A final development plan, substantially consistent with the approved preliminary plan and containing all information required in Section 1145.05 (final site plan), shall be submitted with the required application form. If required, a plat may be submitted concurrently in accordance with the subdivision requirements of this Ordinance.
         B.   Project Narrative. A project narrative shall also accompany the application and final development plan and provide the following:
            i.   Proposed covenants and/or deed restrictions governing the use, design, maintenance, ownership and control of development and common areas;
            ii.   Identification of the entity responsible for maintenance of common areas;
            iii.   Description of all deviations from the otherwise applicable zoning requirements;
            iv.   Net and gross density of any residential component of the project;
            v.   Open space calculations, identifying the gross acreage and percent of lands to be preserved as common open space, including calculations by phase of the development, if applicable.
            vi.   Restrictions or requirements regarding architectural style and/or building materials;
            vii.   Improvements that would be the responsibility of the developer such as construction of roads, parks, utilities, pathways, sidewalks and similar elements; and
            viii.   An anticipated development schedule by phase, if applicable.
      (4)   Phased Projects. If a proposed planned unit development is to be constructed in two (2) or more phases, final development plan approval may be granted for individual phases; provided, a complete plan for the entire development was first given preliminary plan approval and that each subsequent phase shall be submitted for final development plan approval and is consistent with the approved preliminary plan. The Planning Commission may require additional information beyond what is otherwise required if, in its judgment, more detailed information is necessary due to the size of the development; number of phases proposed; or the interrelationship of roads, utilities or drainage systems within the total site.
      (5)   Planning Commission Action. Following receipt of a complete application package, the Zoning Administrator shall cause the application materials to be forwarded to the Planning Commission for review. If the proposed project is located within the historic overlay district, the Zoning Administrator shall also distribute the application materials to the Design Review Board for review and comment. Within forty-five (45) days after submission of a complete application and all required plans and information, the Planning Commission shall consider the application and take action to approve, approve with supplementary conditions, disapprove or table the final development plan, based on the review standards of Section 1131.06 and the standards of Section 1145.06. The applicant or authorized representative shall be present at all meetings at which the request is to be considered. If the applicant or authorized representative is not present, the matter may be tabled.
      (6)   Performance Guarantee. In conjunction with the approval of a final development plan, the petitioner may be required, at the Planning Commission's discretion, to provide a performance guarantee for all public and common improvements, in accordance with Section 1173.06.
      (7)   Private Covenants and Restrictions.
         A.   Covenants and restrictions for the property within any PUD district are required and must be recorded with the office of the County Clerk prior to the approval of a plat or issuance of a building permit. These restrictions shall run with the land to ensure that, if subdivided or developed in phases, the covenants and restrictions shall still be enforced.
         B.   Covenants and restrictions shall:
            i.   Be based on the conditions attached to the approved PUD application;
            ii.   Subject each owner or person taking title to land located within the development to the terms and conditions of the covenants and restrictions as well as any other applicable regulations;
            iii.   Establish a property owners association (POA) with mandatory membership for each owner or person taking title to land located within the development, and require the collection of assessments from owners in an amount sufficient to pay for its functions; and
            iv.   Provide for the ownership, development, management, and maintenance of any private open space, private community parking facilities, private community meeting spaces, or other common areas, as required by Section 1131.04(d).
      (8)   Expiration. Final site plan approval shall expire twelve (12) months after the date of final approval, unless substantial construction has been commenced and is continuing. An extension of up to twelve (12) additional months may be granted, in accordance with the requirements of Section 1145.09. (Ord. 4-21. Passed 1-4-21.)

1131.06 REVIEW STANDARDS.

   In considering a planned unit development request, the Planning Commission and/or City Council, as applicable, shall find that the proposed development meets all applicable requirements and qualifying conditions, as well as the following general standards:
   (a)   Purpose of PUD. The proposed development shall be consistent with the stated Purpose of this district, as found in Section 1131.01
   (b)   Qualifying Conditions. The proposed development shall satisfy each of the Qualifying Conditions, as stated in Section 1131.02.
   (c)   Comprehensive Plan. The planned unit development shall be consistent with the recommended future land use patterns, goals and relevant recommendations contained in the City of Lorain Comprehensive Plan.
   (d)   Surrounding Uses. The development shall be compatible with the existing and intended uses surrounding the subject property.
   (e)   Natural Environment, The design and layout of the planned unit development shall be harmonious with the natural character of the site and surrounding area and shall employ best management practices to ensure their conservation.
   (f)   Public Facilities and Services. The proposed development shall not place undue burden on the capacity of public facilities and services such as, but not limited to, roads, fire and police protection, water, sanitary sewer service and drainage.
   (g)   Health, Safety and Welfare. The planned unit development shall not contain uses or conditions of use that may be injurious to the public health, safety or welfare.
   (h)   Consistent with All Applicable Standards and Requirements. The proposed development shall conform to all applicable requirements of this code, unless specifically modified and approved, as authorized by Section 1131.04(b).
   (i)   Final Development Plan. The final development plan is substantially consistent with the representations made and plans shown during the prior preliminary plan stage of approval.
   (j)   Recognizable and Substantial Benefits. Approval of the planned unit development will result in a recognizable and substantial benefit to the users of the project and to the community which would not otherwise be feasible or achievable under conventional zoning districts. The development shall provide two (2) or more of the benefits specified in Section 1131.02(g).
      (Ord. 4-21. Passed 1-4-21.)

1131.07 CHANGES TO AN APPROVED PUD.

   Changes to an approved final development plan shall be permitted only under the following circumstances:
   (a)   The holder of an approved final development plan shall notify the Zoning Administrator of any proposed change to the approved plan.
   (b)   Minor changes may be approved by the Zoning Administrator upon determining that the proposed revision(s) will not alter the basic design nor any specified conditions or commitments imposed as part of the original approval. Minor changes shall include the following:
      (1)   Reduction in building size or increase in building size up to five percent (5%) of the total approved floor area;
      (2)   Movement of a building or other structure by no more than ten (10) feet;
      (3)   Replacement of plant material specified in the landscape plan with comparable materials of an equal or greater size;
      (4)   Changes in building materials to a comparable or higher quality;
      (5)   Internal changes in floor plans which do not alter the character or intensity of the use;
      (6)   Changes in parking layout that do not alter the number of spaces by more than five percent (5%) of the total spaces within the parking area and do not change the location of driveways or roads providing access to the parking area.
      (7)   Changes required or requested by a county, state or federal regulatory agency in order to conform to other laws or regulations.
   (c)   A proposed change to an approved final development plan that is determined by the Zoning Administrator to not be a minor change shall be considered a major change and amendment to the approved final development plan and shall be submitted and reviewed in accordance with the procedures established for the final development plan.
   (d)   When, in the sole judgment of the Planning Commission, the proposed change is a substantial deviation from the approved preliminary plan, the change shall be reviewed as a new application, in accordance with the provisions of Sections 1131.05(b) and (c); provided, public hearings shall not be required, but may be conducted at the discretion of the Planning Commission And/or the City Council.
      (Ord. 4-21. Passed 1-4-21.)

1131.08 EXISTING PUDs.

   Within the City, there are existing planned unit developments identified on the zoning map. These developments shall be exempt from the requirements of this chapter and shall conform to the prior approved development plans for each respective project. However, any expansion, alteration or modification of the existing approved developments that constitutes a major change, as defined in Section 1131.07, shall be subject to the procedural requirements of Section 1131.07(c). (Ord. 4-21. Passed 1-4-21.)

1131.09 SITE DEVELOPMENT REQUIREMENTS.

   In addition to the requirements of this chapter, all development in the Planned Unit Development District shall meet the applicable requirements as listed elsewhere in this Ordinance; provided, in the event of a conflict, the requirements of the PUD District shall supersede.
   (a)   Design Review Overlay Zone Requirements, see Chapter 1133.
   (b)   General Provisions, see Chapter 1141.
   (c)   Conditional Use Requirements, see Chapter 1143
   (d)   Development Plan Review, see Chapter 1145.
   (e)   Landscaping and Buffering, see Chapter 1147.
   (f)   Parking and Loading, see Chapter 1149.
   (g)   Signs, see Chapter 1151.
      (Ord. 4-21. Passed 1-4-21.)

1133.01 DISTRICT PURPOSE.

   (a)   OS, Open Space District. Recognizing the importance of protecting and retaining large expanses of open lands that are devoted to environmental, leisure or related functions, this district is established to protect those areas and ensure that any change in their future use will necessitate a thorough review and amendment to the zoning regulations. In most cases, uses such as golf courses abut or are surrounded by residential neighborhoods that benefit from the serenity, openness and increased value that the areas afford. The loss of those assets could have a profound negative imp0act on the abutting lands and, therefore, their conversion to other purposes must be scrutinized in advance of any change.
   (b)   HMD, Hospital Medical District. The HMD Hospital Medical District is established to provide for hospital and medical facilities development with related hospital and medical oriented uses that complement each other in terms of functions being performed. This district shall be regulated and mapped to recognize the need for future expansion of present hospital and medical facilities and to provide for hospital related medical facilities.
   (c)   DR-O, Design Review Overlay District. This district is established in recognition that several areas within the city's core contain a wealth of historic and architectural resources that contribute to the richness of the community's character and enhance the overall heritage of the city, county and state. Some of these assets are concentrated together in blocks or other relatively contiguous groupings, while others are located on scattered sites in or near the central business district. This overlay district is established to allow the underlying districts to regulate use while ensuring an added level of review and control will be exercised to safeguard the historic and aesthetic importance of significant structures and places.
(Ord. 4-21. Passed 1-4-21.)

1133.02 SCHEDULE OF ALLOWED USES.

   Buildings or land shall not be used and buildings shall not be erected, except for the following specified uses, unless otherwise provided for in this ordinance. Land and/or buildings in the districts indicated at the top of Table 1133.02 may be used for the purposes denoted by the following abbreviations:
   (a)   Permitted Use (P). Land and/or buildings with this designation may be used for these purposes by right.
   (b)   Conditional Use (C). Land and/or buildings with this designation may be used for these purposes if conditional approval is granted by the planning commission upon a finding that all applicable requirements in Chapter 1143 are satisfied.
   (c)   Specific Conditions. Indicates that conditions related to the specific use must be satisfied in addition to the review procedures and general criteria of Sections 1143.02 and 1143.03.
(Links for Table 1133.02: 1143.07)
13 Uses allowed within the underlying zoning district shall be allowed within the Design Review Overlay District, subject to the same requirements.
(Links for Table 1133.02: 1141.26, 1143.05, 1143.07 )
13 Uses allowed within the underlying zoning district shall be allowed within the Design Review Overlay District, subject to the same requirements.
(Ord. 4-21. Passed 1-4-21.)

1133.03 DIMENSIONAL REQUIREMENTS.

   All lots and buildings shall meet the minimum area and width requirements listed below in Table 1133.03 for the corresponding district requirements. New lots shall not be created, except in conformance with these requirements. In addition, all structures and their placement on a lot shall conform to the minimum dimensional requirements listed for the respective districts.
14 Minimum dimensional requirements within the underlying zoning district shall apply within the Design Review Overlay District.
15 Hospitals may be a maximum of 100 feet or eight (8) stories.
(Ord. 4-21. Passed 1-4-21.)

1133.04 DESIGN REVIEW PROCEDURES.

   (a)   Applicability. No permit shall be issued for the alteration, demolition, removal, or construction of any property or site within the design review overlay district or for any designated historic site or landmark structure unless the application has been reviewed by the design review board and a recommendation submitted to the Zoning Administrator, except as otherwise specifically exempted. However, if a recommendation is not received by the zoning administrator within sixty (60) days, it shall be assumed to be a recommendation of approval.
   (b)   Exceptions.
      (1)   Maintenance and Repair. Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any property, within a design review district under the provisions of this chapter, provided such work involves no change in material, design, texture, color or outer appearance; nor shall anything in this chapter be construed to prevent any change, including the construction, reconstruction, alteration or demolition of any building or feature which the Chief Building Official has designated as an unsafe building or feature.
      (2)   Fences, Landscaping and Signs. The erection, construction, removal or alteration of fences, landscaping and signs within the design review overlay district shall conform to the requirements of this Ordinance and shall be reviewed and approved administratively by the Zoning Administrator who, in his sole discretion, may submit the application to the Design Review Board for a recommendation; provided, this exemption shall not apply to fences, landscaping and signs appurtenant to designated landmark structures which shall be reviewed by the Design Review Board.
   (c)   Review and Permitting.
      (1)   Pre-application Review. Applicants are strongly encouraged to meet with the Design Review Board Prior to submitting plans, architectural renderings or elevations to preliminarily discuss design concepts. Such discussions shall not be binding on the applicant or the Board and no official action will be taken. Placement on the agenda shall be scheduled through the Zoning Administrator.
      (2)   Incomplete Application. Upon receiving an application, the Zoning Administrator shall determine if the application, including final plan, is complete in all respects as required by this section. Incomplete applications will be returned to the applicant as though no application had been received, with notice of deficiencies and non-filing.
      (3)   Complete Application. Upon the determination that an application, including final plan, is complete, the Zoning Administrator shall forward copies of the application and plan to the Design Review Board.
      (4)   Technical Review. The Zoning Administrator shall review all plans and specifications with regard to compliance with the technical requirements of this chapter and all other ordinances and laws of the City. Following review, the Zoning Administrator shall forward written comments and a recommendation to the Design Review Board for its consideration.
      (5)   Design Review. The Design Review Board shall review the plan to determine compliance with the provisions of this chapter with respect to the design, color, placement and materials of proposed buildings and structures. Following its review, the Design Review Board shall approve, approve with conditions, or deny the application and forward its decision to the Zoning Administrator and applicant.
      (6)   Project Representation. The applicant or authorized representative shall be present at all meetings at which the request is to be considered. If the applicant or authorized representative is not present, the matter may be tabled.
      (7)   Permit. Upon approval or approval with conditions by the Design Review Board, the Zoning Administrator shall issue a permit accordingly.
      (8)   Reapplication. Applications that have been denied shall not be resubmitted within twelve (12) months from the date of denial; provided, in his/her sole discretion, the Zoning Administrator may permit consideration of a substantially revised application.
   (d)   Required Submissions. In addition to the requirements of Section 1145.05, final plans for development within the design review overlay district shall include facade elevation drawings, color renderings, and specifications as may be necessary to clearly illustrate the architectural design elements of the building or structure, including the construction materials, size, and color of all elements. A material sample board shall also be provided showing
examples of proposed materials and colors to be used for all exterior elements.
   (e)   Design Standards.
      (1)   In considering the appropriateness of any change, the Design Review Board shall take into account, in addition to any other pertinent factors; the historical and architectural style and significance of the property; general design, arrangement, texture, material and color of the proposed change as related to the property in its present condition, and the relation thereof to the same or related factors in other properties, sites and areas in the immediate vicinity; and the potential economic enhancement of the community through the protection of property values.
      (2)   Attention shall be taken to avoid the environmentally harmful effect often created by the clash of contemporary materials with those of older origin, such as aluminum or other metals, plastic, fiberglass and glass improperly used with brick, stone, masonry, and wood.
      (3)   New developments within the design review district shall be compatible with the existing or planned character of the immediate surrounding area.
      (4)   The Design Review Board shall adhere to the criteria and guidelines for design review established pursuant to the terms of this chapter. Guidelines shall promote the conservation, development, and use of properties, sites and districts within the City and shall seek to preserve the special historic architectural, community or aesthetic integrity of the district.
      (5)   The Design Review Board may, at its discretion, seek and consider the advice of design consultants.
   (f)   Variances.
      (1)   Variances from the provisions of this chapter may be granted by the board of zoning appeals only if all of the following findings are made:
         A.   Strict conformity with the provisions of this chapter cannot be met without undue hardship due to physical circumstances or conditions of the property;
         B.   That granting the variance will not cause substantial detriment to the public good.
      (2)   The procedures for consideration of variances to this ordinance shall be in accordance with the requirements of Chapter 1175, except that the following criteria shall be used to determine the merits of a requested variance.
         A.   The proposed color, material or design will not substantially conflict with existing structures in the vicinity.
         B.   The proposed color, material or design is unlikely to set a precedent leading to similar requests which would generate or accelerate adverse changes in the vicinity.
         C.   The proposed color, material or design will not have any negative impact on present or planned historic sites or development in the vicinity.
         D.   If granted, the variance will not significantly affect fully compliant structures in the vicinity.
         E.   The variance will not grant special privileges to the applicant not available to other similarly situated properties within the overlay district.
         F.   No grant of a variance shall be binding upon or act as a precedent on future applications.
            (Ord. 4-21. Passed 1-4-21.)

1133.05 SITE DEVELOPMENT REQUIREMENTS.

   In addition to the requirements of this chapter, all development in the special purpose districts shall meet the applicable requirements as listed elsewhere in this Ordinance.
   (a)   Design Review Overlay Zone Requirements, see Chapter 1133.
   (b)   General Provisions, see Chapter 1141.
   (c)   Conditional Use Requirements, see Chapter 1143.
   (d)   Development Plan Review, see Chapter 1145.
   (e)   Landscaping and Buffering, see Chapter 1147.
   (f)   Parking and Loading, see Chapter 1149.
   (g)   Signs, see Chapter 1151.
      (Ord. 4-21. Passed 1-4-21.)