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2018-096 Ordinance
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11/21/2018 4:02:34 PM
Creation date
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North Olmsted Legislation
Legislation Number
2018-096
Legislation Date
11/20/2018
Year
2018
Legislation Title
Amend Chapter 165
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70M Landmarks Commission 165.16 <br />165.14 REMEDYING OF DANGEROUS CONDITIONS. <br />In any case where the Building Commissioner, the Department of Health, the Fire <br />Chief or any other duly authorized officer or agency of the City shall order or direct the <br />construction, reconstruction, alteration, repair or demolition of any improvement to a <br />Landmark, or building or other structure located in a Landmarks District, for the purpose of <br />remedying conditions determined by that department, agency or officer, to be imminently <br />dangerous to life, health or property, nothing contained herein shall be construed as making it <br />a violation of this chapter for any person to comply with such order or directive without receipt <br />of a Certificate of Appropriateness from the Commission. Any such department, agency or <br />officer shall give the Commission as early notice as practicable of the proposed or actual <br />issuance of any such order or directive. <br />(Ord. 99-40. Passed 5-5-99.) <br />165.15 AUTHORITY OF COMMISSION TO PROMULGATE RULES. <br />The Commission shall be vested with authority to adopt and enforce rules for the <br />procedures to be followed by the Commission and any applicant or other person appearing <br />before it. Said rules shall be consistent and not in conflict with the substantive and procedural <br />provisions of this chapter. (Ord. 99-40. Passed 5-5-99.) <br />165.16 PROCEDURE FOR "MINOR CHANGES". <br />(a) Definition. "Minor change" shall mean and refer to any proposed alteration, <br />rehabilitation, restoration, construction or other improvement of any designated Landmark or <br />any other building located within the Landmarks District which would, but for the Minor <br />Change procedure herein, be subject to full and formal hearing requirements to obtain a <br />Certificate of Appropriateness, and which proposal may be expedited for review by the <br />Landmarks Commission due to its consistency with the overall public purpose of this chapter <br />and, upon the opinion of the Building Official, that the proposal is limited in scope and in scale <br />relative to the design criteria and guidelines herein, or in the opinion of the Building Official, <br />the proposal is of sufficient urgency to be considered for expedited review herein. Minor <br />changes shall include, but are not limited to, the following: <br />(1) The installation of driveways, sidewalks, walkways or other similar land <br />surface improvements, so long as the original configurations are not <br />changed; <br />(2) Patios and decks located in the rear yard which do not involve any <br />changes to the landmark structure itself, or to the main building on <br />property located in a landmark district; <br />(3) Roofs, so long as the texture, color, and the existing architectural style <br />of the roof is not changed as a result; <br />(4) Fences not located in the required front setback. <br />(b) Procedure. Application for building permits which, in the opinion of the <br />Building Official, propose minor changes may be expedited by the Landmarks Commission in <br />lieu of full and formal review pursuant to Sections 165.08 and 165.09 of this chapter; <br />provided, however, that the Building Official shall, upon receiving and reviewing such <br />application, give written notice to the Chairman of the Landmarks Commission. The <br />Landmarks Commission may by rule establish procedures for said Chairman to review and <br />respond to the Building Official. If the Chairman, within ten days of the notice from the <br />Building Official, notifies the Building Official that the proposal is not deemed a "minor <br />change" and should be reviewed by the Commission pursuant to the provisions of either <br />Section 165.08 or 165.09, then the Building Official shall refer the proposal to the Landmarks <br />Commission in accordance with the procedures set forth in Chapter 165. <br />(Ord. 2000-161. Passed 1-7-03.) <br />July 2018 Replacement <br />
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