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2017-032 Ordinance
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2017-032 Ordinance
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8/14/2017 10:55:14 AM
Creation date
5/3/2017 3:57:16 PM
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North Olmsted Legislation
Legislation Number
2017-032
Legislation Date
5/2/2017
Year
2017
Legislation Title
Amend Chapter 11
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Administration and Enforcement <br />City Council, and used to reimburse another party retained by the City to provide expert <br />consultation and advice including, but not limited to, legal, planning and engineering <br />professionals regarding the application. The amount of the deposit shall be based on a <br />reasonable estimate to provide such services; however, the City Council may, by resolution, <br />adopt a minimum deposit. Any unused portions of this fee shall be returned to the applicant <br />after the City has paid all costs for consultant services. <br />Section 1117.03 Interpretation <br />177 <br />A. In the interpretation and application, the provisions of this Code shall be held'to be minimum <br />requirements adopted for the promotion of the public health, morals, safety; comfort, <br />convenience or general welfare. It is not intended by this Code to repeal, abrogate, annul or <br />in any way to impair or interfere with any existing provision of law or ordinance other than <br />the above described Zoning Code, or with any rules, regulations or permitspreviously <br />adopted or issued or which shall be adopted or issued pursuant to the law relating to the use <br />of buildings or premises; provided, however, that where this Zoning Code imposes a greater <br />restriction than is required by existing ordinance or by rules, regulations or permits, the <br />provisions of this Code shall control. <br />B. The Planning and Development Director shall interpret th termsM requirements and <br />processes of this Code. The interpretation of the text shalt be narrow and based on common <br />understanding of terms. Any determination of the Planning and Development Director may <br />be appealed to the Building and Zoning Board of Appeals, according to Article Vll, Section <br />1(b) of the City Charter and Chapter 1123 of the Codified Ordinances. <br />C. Similar Uses. <br />1. Since every potential use cannot be addressed in this Code, each district may <br />accommodate similar uses, as referenced in this section. All applications for a use not <br />specifically addressed in:.p zoning district shall be submitted to the Planning and <br />Development Director for rpyiew and a decision, based on the following process: <br />a. The Planning and Development Director shall first find that the proposed use is not <br />listed as a permitted or ponditional use in any other district. <br />b. If the use ;is not permitted elsewhere, the Planning and Development Director shall <br />review the purpose, permitted uses and conditional uses in the zoning district to <br />detOrmine if the proposed use is consistent with the district purpose and is similar to <br />other.allowed uses relative to its character, scale and overall compatibility, <br />objectionable impacts on public health, safety and welfare. <br />If a proposed use is determined to be similar to other uses listed within the district and is <br />consistent With the district's purpose, the proposed use shall comply with all the <br />fandards or requirements associated with the listed use(s). <br />3.'The Planning and Development Director may, in his/her sole discretion, submit a <br />proposed use to the Building and Zoning Board of Appeals for a similar use <br />determination. <br />4. If either the Planning and Development Director or Building and Zoning Board of <br />Appeals determines that a proposed use is not similar to a listed use, the applicant may <br />request that the Planning and Design Commission or City Council initiate an amendment <br />to the Zoning Code, as provided in Chapter 1127, to include the use. <br />Page 1117-2 City of North Olmsted Zoning Code <br />
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