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2005-165 Ordinance
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2005-165 Ordinance
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12/26/2013 10:36:08 AM
Creation date
12/17/2013 11:23:20 AM
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North Olmsted Legislation
Legislation Number
2005-165
Legislation Date
11/22/2005
Year
2005
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by the Planning and Design Commission or City Council. <br />(2) Whether the proposal will have any significant adverse impact on residential, <br />commercial or other neighbors whose properties abut the property of the <br />applicant; and <br />(3) Whether the proposal will have any significant adverse impact on vehicular or <br />pedestrian safety on the applicant's property, on the property of abutting owners, <br />or within the adjoining right -of -way area; and <br />(4) Whether the proposal is in conformance with adopted design guidelines and /or <br />will aesthetically have any significant adverse impact upon surrounding properties <br />within the same zoning district. <br />If an application has been improperly referred to Planning and Design Commission by <br />the Building Official, it shall not be reviewed by the Commission and shall be returned to <br />the Building Official for further action pursuant to Section 1126.05. <br />(b) Determination of Significant Adverse Impact. In making the determinations required by <br />subsections (a)(2) through (a)(4) hereof, the Planning and Design Commission shall only <br />consider the following items as having potential adverse affect: <br />(1) With respect to impact on residential, commercial or other neighbors: building <br />location and direction, proposed exterior lighting, anticipated noise or odors to be <br />generated by the proposed use, proposed access drives onto side streets; proposed <br />locations for trash receptacles; and proposed parking and loading facilities. <br />(2) With respect to impact on vehicular or pedestrian safety: parking lot, including <br />aisles and parking spaces, location and configuration; locations and dimensions of <br />lot improvements such as bumper guards, curbs, walls and raised and/or covered <br />walkways; location, dimensions, and configuration of access drives; and traffic <br />control devices, including signs and traffic lights. <br />(3) With respect to impact aesthetically upon the community: proposed building, <br />parking, signage and landscaping design; colors selected for buildings and signs; <br />suitability of materials and textures of materials proposed for buildings, signs and <br />landscaping in light of surrounding developments; and protection of natural <br />resources, such as trees, grade elevations, and waterways located in and about the <br />development. <br />The impact of a proposal shall be determined to be significantly adverse if, in a real <br />sense, with respect to residential, commercial or other neighbors, or with respect to <br />vehicular or pedestrian safety, it affects the public health, safety or welfare, or, with <br />respect to the aesthetics of the proposal, it will have a probable negative effect upon the <br />market value of properties surrounding it within the same zoning district. <br />(c) Authority of Commission to Change Proposal. If the Planning and Design Commission <br />determines that a proposal will have a significant adverse impact upon either residential, <br />commercial or other neighbors, vehicular or pedestrian safety, or aesthetically upon the <br />community, it shall make such changes, and only such changes, in the proposal which <br />will, if practicable, eliminate the significant adverse impact, and, if such a change is not <br />practicable, then such changes which will ameliorate the adverse impact to the fullest <br />extent practicable. <br />(d) Procedure for Making Determinations and Changes, and Authority of Planning and <br />Design Commission to Require Expert Consultation. <br />(1) In making its determinations and proposed changes pursuant to this section, the <br />
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