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All landowners adjoining to any degree (including lying across roadways) the <br />site of the nonconformity will receive notification of the filing of the request for <br />a Certificate of Nonconformity Adjustment and given an opportunity, should <br />they desire, to comment on the nonconformity within seven (7) days of the date <br />of filing. <br />Step 3: Decision by Zoning Administrator <br />Within 30 days of the date of receipt of a request for a nonconformity <br />adjustment, the Zoning Administrator will either approve or deny the request. <br />His decision to approve may be based upon the applicant agreeing to site <br />changes. The decision to approve or deny will be made based on the following <br />criteria: <br />a. Noise- Does the nonconformity create noise above and beyond levels <br />considered normal to the area? <br />b. Traffic- Does the nonconformity generate or have the potential to <br />generate a significantly higher volume of traffic than surrounding land <br />use? <br />c. Other measurable, physical effects- Does the nonconformity generate <br />any other negative effects including but not limited to: dust, air <br />pollution, foul smell, etc.? <br />d. Surrounding property values- Does the nonconformity detract from the <br />prevailing property values? <br />e. Aesthetics- Does the nonconformity compliment or detract from the <br />overall aesthetic character of the area? <br />4. &teo -3-4 Changes to the nonconformity <br />The Zoning Administrator will determine what the nonconformity <br />operator /owner must do to the property for certification. For example, <br />landscaping or fencing may be required or a shift of operations away from <br />adjoining properties may be stipulated. <br />5. Decision by the Zoning Administrator <br />a. Denial b ZeRiRg AdY, i +r <br />If the Zoning Administrator, after an analysis of the facts of the situation, <br />finds the nonconformity cannot be adjusted, it will be handled as such <br />and subject to those provisions of this Ordinance which deal with <br />unreformable nonconformities. If an application is denied, " d the <br />applicant may petition the Planning & Zoning Commission, acting as a <br />Attachment number 7 \n <br />G -4 Page 448 <br />