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<br />CITY OF NORTH OLMSTED <br />ORDINANCE NO. 99-40 <br />BY: COUNCILMAN MICHAEL R. GAREAU, JR. <br />AN ORDINANCE CREATING NEW AND REVISED CHAPTER 165 OF THE <br />ADMINISTRATIVE CODE OF THE CITY OF NORTH OLMSTED, ENTITLED <br />"LANDMARKS COMMISSION, " FOR THE PURPOSE OF FURTHER PRESERVING <br />AND PROMOTING THE CITY'S LANDMARKS AND LANDM.4RKS DISTRICTS, AND <br />DECLARING AN EMERGENCY, AS AMENDED. <br />WHEREAS, pursuant to Resolution No. 98-129 and 99-19, this Council imposed a 180 day <br />moratorium against further commercial development within the therein described City's historical <br />district in order to study the district and propose legislation to encourage preservation of the <br />historical structures located within the district; and <br />WHEREAS, the Councii has acted diligentty in studying the history of, the existing structures <br />within, and the future needs of the City's current historical district and areas nearby the present <br />historical district, and, in addition, has reviewed model historical preservation legislation prepared by <br />the International Municipal Lawyers Association (IlVILA), as well as comparable legislation enacted <br />by other municipal communities both in Ohio and in other States; and <br />WHEREAS, this Council finds that the preservation of the City's landmarks, and areas of <br />the City which either are, or may be in the future, designated as landmark districts, is in the best <br />interests and promotes the health, safety and morals of the community; and <br />WHEREAS, this Council further finds that the regulation of construction, demolition and <br />other activity involving the alteration of landmarks and buildings and structures located in <br />landmark districts as proposed, and as modeled on legislation from other communities, is <br />consistent with due process requirements, will not serve to deprive property owners in North <br />Olmsted of all economically viable use of their property, and can only be viewed as reasonable <br />regulation of property interests for a legitimate governmental purpose; and <br />WHEREAS, this Council believes that the attached revisions to Chapter 165 of the <br />Codified Ordinances of the City, entitled, "Landmarks Commission," will substantially further <br />the City's Iegitimate interests without unreasonably interfering with the property interests of <br />affected property owners in the City; <br />NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF <br />NORTH OLMSTED, COUNTY OF CUYAHOGA AND STATE OF OHIO: <br />?