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95-033 Ordinance
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95-033 Ordinance
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Last modified
1/10/2014 3:25:49 PM
Creation date
12/23/2013 11:19:30 AM
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North Olmsted Legislation
Legislation Number
95-033
Legislation Date
7/5/1995
Year
1995
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(b) Power to Vary or Modifv Provisions of Code. <br />(1) Conditions. The Board of Building Code Appeals shall have the power to withhold or <br />extend strict enforcement of the requirements of this Code upon written application therefor by an <br />owner, operator or occupant, and after a public hearing, provided that the Boazd determines that any <br />of the conditions specified in this paragraph exist. <br />A. Any variation or modification of a structure or use approved by <br />the Property Maintenance Officer shall not in any material way <br />alter the standards of this Code and shall not affect detrimentally <br />the health, safery or welfare of the occupants or owners of an <br />adjacent premises or of the immediate neighborhood. <br />B. Strict enforcement of the provisions of this Code would <br />constitute a undue and unnecessary hardship on the owner or <br />operator because it would compel expenditures on the premises <br />which would be substantially disproportionate to any benefit to <br />health, safety or welfaze that might be derived therefrom. <br />C. Strict enforcement of the provisions of this Code would require <br />installations, repairs, or improvements esdmated to exceed ten <br />thousand dollars ($10,000) in cost. <br />D. The premises subject to this Code are contemplated for <br />acquisition by, or are within an azea where acquisition is <br />contemplated by, a public agency having the power of eminent <br />domain and there is a reasonable likelihood that the premises will <br />be acquired and razed or moved within a period of two years, <br />provided, however, that any waiver of the provisions of this Code <br />sha11 be cancelled and the Property Maintenance Officer shall <br />strictly enforce this Code if it is ascertained subsequent to the <br />granting of the waiver that the premises are in fact not to be <br />acquired for any public use or purpose. <br />(2) Notice⢠Notice of the time and place of the meeting of the Boazd of Building Code <br />Appeais, after an application has been filed under the provisions of this section, shall be sent to all <br />property owners within a 500-foot radius of the property for which the application is made. Notice <br />shall be sent by the Secretary of the Board by regular mail. <br />(3) Record of variations or modifications granted. Where variations or modifications are <br />approved in any section of this Code by the action of the Board of Building Code Appeals or of any <br />court of record, a written record thereof stating the name of the applicant, the address of the <br />premises, the variation or modification approved, the. date of approval, and the reasons therefor, <br />satisfying the provisions contained herein, shall be prepared by the Property Maintenance Officer and <br />filed both under the section or sections of this Code to which the variation or modification applies <br />and under the address of the premises, and such files shall be available for public inspection in the <br />- ... . m - : r . .. v ?u rv;.x??w- - . . . . . . . .
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