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2004-153 Ordinance
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2004-153 Ordinance
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1/9/2014 3:57:42 PM
Creation date
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North Olmsted Legislation
Legislation Number
2004-153
Legislation Date
12/7/2004
Year
2004
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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 <br />owners, or within the adjoining right-of-way area; and <br />(4) Whether the proposal will aesthetically have any significant adverse impact <br />upon surrounding properties within the same zoning district. <br />If an application has been improperly referred to Planning Commission by the Building <br />Official, it shall not be reviewed by the Commission and shall be returned to the Building <br />Official for further action pursuant to Section 1126.01. <br />(b) Determination of Significant Adverse Impact. In making the determinations required by <br />subsections (a)(2) through (a)(4) hereof, the Planning Commission shall only consider the <br />following items as having potential adverse affect: <br />(1) With respect to impact on residential, commercial or other neighbors: <br />building location and direction, proposed exterior lighting, anticipated noise <br />or odors to be generated by the proposed use, proposed access drives onto side <br />streets; proposed locations for trash receptacles; and proposed parking and <br />loading facilities. <br />(2) With respect to impact on vehicular or pedestrian safety: parking lot, <br />including aisles and parking spaces, location and configuration; locations and <br />dimensions of lot improvements such as bumper guards, curbs, walls and <br />raised andlor covered walkways; location, dimensions, and configuration of <br />access drives; and traffic 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 <br />signs; suitability of materials and textures of materials proposed for buildings, <br />signs and landscaping in light of surrounding developments; and protection of <br />natural resources, such as trees, grade elevations, and waterways located in <br />and about the 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 vehicular or <br />pedestrian safety, it affects the public health, safety or welfare, or, with respect to the aesthetics <br />of the proposal, it will have a probable negative effect upon the market value of properties <br />surrounding it within the same zoning district. <br />(c) Authority of Commission to Change Proposal. If the Planning Commission determines <br />that a proposal will have a significant adverse impact upon either residential, commercial or <br />other neighbors, vehicular or pedestrian safety, or aesthetically upon the community, it shall <br />make such changes, and only such changes, in the proposal which will, if practicable, eliminate <br />the significant adverse impact, and, if such a change is not practicable, then such changes which <br />will ameliorate the adverse impact to the fullest extent practicable. <br />(d) Procedure for Making Determinations and Changes, and Authoritv of Planning <br />Commission to Rec?uire EXpert Consultation. <br />(1) In making its determinations and proposed changes pursuant to this section, <br />the Planning Commissioil may:
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