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??. <br />constructed, erected, maintained, extended and removed under such conditions, standards and <br />regulations as required by the City Council. <br />1151.08 WAIVER. <br />(a) The Planning Commission may waive provisions of this Chapter as applied to any <br />Wireless Telecommunication Facility application pending before the Planning <br />Commission for a conditional use, but only in azeas permitted by this Chapter. The <br />Planning Commission shall make a determination on a proposed waiver of any <br />provisions of this Chapter based on the following criteria: <br />(1) The public peace, health, safety, welfaze or convenience will not be <br />j eopazdized or actively affected; <br />(2) The use, value, development or enjoyment of neighboring property will not <br />be adversely affected, or the health or safety of persons residing or working <br />in the neighborhood will not be adversely affected; <br />(3) A public or private nuisance will not be created by reason of noise, smoke, <br />odors, fire, vibrations, obj ectionable lights or congestion of traffic or persons; <br />(4) Traffic or safety hazards will not be created; <br />(5) The combination or accumulation of uses of the same nature in close <br />proximity or in the same neighborhood will not adversely affect the public <br />peace, health, safety, welfare or convenience, thereby adversely affecting <br />neighboring property or creating a nuisance; or <br />(6) The proposed use will comply with other provisions or standards specified <br />in the Codified Ordinances of the City. <br />(b) The Planning Commission's consideration of a waiver under this Section shall not be <br />based upon the environmental effects of radio frequency emissions from the Facility so long as the <br />applicant's proposed Facility will meet the FCC's requirements for such emissions." <br />SECTION 2: Any Ordinance or sections of Ordinances heretofore adopted that are <br />inconsistent herewith are hereby repealed. <br />SECTION 3: That the Clerk of Council be and she is hereby directed to cause notice of a <br />public hearing to be given pursuant to the provisions of Section 14 of Article IV of the Charter of <br />the City of North Olmsted. <br />SECTION 4 That this ordinance shall take effect and be in force from and after the earliest <br />period allowed by law. ? . <br />', // <br />,' .,Lco <br />Passed: c: c o ??,,E' ??-•cR---? . / ,2 ?a //9 9 <br />B ARA L. SEMAN JANET A. SARINGER <br />Clerk of Council - President of Council <br />o v v <br />10 <br />133990-1 <br />