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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
12/16/2013 7:16:27 AM
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North Olmsted Legislation
Legislation Number
2004-153
Legislation Date
12/7/2004
Year
2004
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1126.0 PROCEDURE FOR M1NOR CHANGES. <br />(a) Definition. "Minor changes" means: <br />(1) Proposed slight modifications in approved applications for building perniits, <br />which are requested following final approval of an application under this <br />chapter; and <br />(2) Proposed slight alterations to existing buildings, parking areas or other <br />improvements whose construction is governed by this chapter. <br />A modification or alteration shall be considered "slight" if it does not significantly <br />concern or affect the review of the original proposal and the determinations made by the <br />Planning Commission under Section 1126.0 , and if it in all respects complies with the zoning, <br />building and all other applicable codes of the City. <br />(b) Procedure. Application for building permits for proposed minor changes in existing <br />development or in approved plans shall be reviewed by the Building Official and either approved <br />or rejected by the Building Official without referral to Planning Commission or action by <br />Council; provided, however, that prior to approving or rejecting any proposal for a minor <br />change, the Building Official shall give written notice to the Chairman of the Planning <br />Commission, the Chairman of the Architectural Review Board, and the Chairman of the B7.D <br />Committee of CounciL If any of these Chairmen, within seven days of receipt of notice from the <br />Building Official, advises the Building Official that the proposal should not be summarily acted <br />upon by the Building Official, then the Building Official shall refer the proposal to Planning <br />Commission in accordance with the procedure set forth in Sections 1126.02 through 1126.01. <br />1126.1" r EXPIRATION OF APPROVAL. <br />After any development plan or application for a building pernlit has been finally approved by <br />Council, or approved with respect to a"minor change" as provided for in Section 1126.08, the <br />applicant shall take all necessary steps and meet all legal requirements in order to timely obtain a <br />building permit from the Building Official. In the event that the applicant fails to obtain a permit <br />within one year of final approval as set forth above, the approval shall expire. With respect to <br />any final approval granted before the effective date of this provision of the Zoning Code, the <br />applicant's approval shall expire on the one year anniversary date of enactment of this provision. <br />1126.1 DEVIATIONS FROM APPROVED PLANS PROHIBITED. <br />(a) Any owner who, after receiving Council approval of building or site plans, or receiving a <br />building permit pursuant to the provisions of this chapter, or obtaining an authorized deviation <br />from an approved building or site plan, and who develops the subject property and/or constructs <br />buildings and other land improvements on the property, but fails to do so in strict compliance <br />with the plans as approved or authorized, shall be subject to all of the actions by the City <br />authorized by Chapter 1121 and to the criminal penalties provided for in Section 1121.99(b). <br />(b) It shall be a defense to any such action brought by the City, whether criminal or civil in <br />nature, that the Building Official expressly authorized a minor deviation from an owner's <br />approved plans as a result of a field inspection of the property conducted by the Building <br />Official.
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