07/13/1999 Minutes - Laserfiche WebLink

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applicant that the additional height complies with both of the following standards: (I) the additional height is necessary to efficiently illuminate outdoor areas; and (ii) the additional height will have no adverse effect on adjacent properties. 1161.121 AMORTIZATION OF NONCONFORMING LUNBNARF-F-S. Notwithstanding any other provision of this Zoning Code, all non-conforming luminaries located upon property within the City shall be removed from the property, or modified to be in compliance with the provisions of Section 1161.12, by the property owners no later than by January l, 2005. Any property owner, or other affected party, upon application to the Building Official and upon demonstration of serious economic harm which could not have been avoided by a reasonable attempt to have earlier complied with Section 1161.12, may be granted an additional period of time, not to exceed ninety days to comply with this Section. Any property owner who fails to comply with this Section shall be subject to the penalties and remedies provided for in Chapter 1121 of the Zoning Code. NIr. Tallon indicated that the proposed lighting ordinance is based on several ordinances from the surrounding community. 99 percent of the commercial property in North Olmsted abuts residential property. The corrunercial owners are just using too bright of lights. Mrs. O'Rourke asked if light issues would be resolved prior to a subinittal coming before Planning Commission for review. Mr. Tallon reviewed how the Planning Commission would be effected by the new ordinance. Mr. Brennan su;gested that 95% of the current proposals are redevelopment so he is glad that Council is addressing the lighting issue. Mr. Tallon indicated that on the inter net there was a web site that covered lighting issues that he thought was very good. R. Tallon motioned to approve Ordinance No. 99-77. The motion was seconded by K. O'Rourke and unanimously approved. Motion Carraed. 2). Ordinance No. 99-82 Mr. Tallon reviewed that ordinance 99-82 would address issues that come up regarding developers making changes after the Planning Commission and City Council approve their plans. Mr. Tallon read allowed the following: 1126.08 DEVIAIONS FROM APPROVED PLANS PROHMITED. (a) Any owner who, after receiving a building permit pursuant to the provisions of this Chapter, thereafter fails to develop the subject property, and/or construct buildings and other land improvements on the property, in strict compliance with the plans approved by the Planning Commission and the City Council shall be subject to all of the actions by the City and criminal penalties provided for in Chapter 1121 of the Zoning Code. (b) It shall be a defense to any such action brought be the City, whether criminal or civil in nature, that the Building Official expressly authorized a minor deviation from an owner's approved plans as a result of a field inspection of the property conducted by the Building Official. OO For purposes of paragraph (a) above, the phrase "plans approved" shal] mean the finally approved building, sign and site development plans for the property, the landscaping and lighting plans for the property, and all statements concerning the use and/or development of the property appearing affirmatively on the face of the record of the proceedings of the owner's application for a building permit which were expressly made a condition of Planning Commission's approval and not thereafter expressly removed as a condition of approval by Council. Mr. Tallon indicated that he approved of the ordinance and asked if there were any further comments. No further comments were made. R. Tallon motioned to approve Ordinance No. 99-82. The motion was seconded by T. Brennan and unanimously approved. 1blotion Carried. 5