2024-019 Ordinance - Laserfiche WebLink

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(b) The required tree preservation plan shall be coordinated with all landscaping required by Part Eleven, Planning and Zoning Code to achieve a cohesive landscape treatment for the entire site. 950.12 CITY. AUTHORITY TO GRANT INDIVIDUAL EXEMPTIONS. The standards and criteria in this Chapter establish the City's objectives and the level of tree preservation required. However, in applying these standards, the Planning and Design Commission, d City Council may: (a) Exercise discretion and flexibility with respect to the replacement and arrangement of required elements to assure that the objectives of this Chapter and the proposed development are best satisfied. (b) Upon the Director of Economic and Community Development's identification and description of the Applicant's deviations from the standards imposed herein, and the Applicant's presentation of good cause and reasonable accommodation therefrom due to practical and physical restraints, nai skiefly due to eesaafflie eimumstanees, the reviewing authority may grant specific exceptions as detailed on, and limited by, the required plans. That decision shall be final and not reviewable. 950.13 APPEAL If an application for Tree Clearance Permit or Tree Replacement Plan is not approved by the Director of Economic and Community Development, written notice shall be given to the applicant by regular U.S. mail and electronic mail. The Applicant within ten (10) days of the date set forth on the notice required herein may take an appeal by filing an application with the Building and Zoning Board of Appeals (hereinafter "BZBA") specifying the grounds therefor. The BZBA shall have the power to affirm, modify or reverse the decision of the Director. Any such decision made by the BZBA shall be final. The appeal procedure shall be governed by the procedures set forth in Chapter 147 of the North Olmsted Codified Ordinances. 950.99 PENALTY. Any person who fails to comply with any provision of this Chapter shall be guilty of a misdemeanor of the first degree. Each and every violation, as well as each and every day of violation, shall be deemed a separate offense and subject to per diem penalties upon conviction. The Director of Law may seek to impose both criminal and civil remedies and penalties, including an action to enjoin the violation of this Chapter, which is further defined as a nuisance condition.