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current map was confusing because it only showed the parcels witlun the Great Northern Center <br />and did not include the parcels on the West Side of town. NIr. Dubelko clarified that the parcels <br />on the west side of town had already been approved under ordinance 98-131 and that the Wireless <br />Communications Facilities Overlay District zoning was currently in place on those parcels listed in <br />that ordinance. Ordinance 2000-13 is an ordinance that proposes to add Great Northern <br />Shopping Centers parcels as well to the Wireless Communications Facilities Overlay District. Mr. <br />Koeth questioned if the parcels on the West End of town were already approved. Mr. Dubelko <br />indicated that the west parcels were- approved and not part of the current proposed parcels at <br />great northern mall. Mr. Tallon questioned if the towers were not used if they would have to be <br />removed. Mr. Spalding questioned if there were antennas presently in the area and how they <br />would be affected by the overlay zoning. Mr. Dubelko commented that the ordinance only <br />governed the towers, not the antennas. <br />R. Tallon motioned to recommend the approval of Ordinance 2000-13, "An ordinance providing <br />for the amendment of the zone map of the City of North Olmsted in order to supplementary zone <br />the hereinafter described parcels of real property, so as to include them within the Wireless <br />Telecommunication Facilities Overlay District ("WTFO") of the City of North Olmsted as <br />amended." The motion was seconded by K. O'Rourke and unanimously approved. Motion <br />Carried. <br />Chairman Tallon announced that the Planning Commission would now take a 10-minute break to <br />read Ordinance 2000-12. He indicated that upon their return Ordinance 2000-12 would be <br />discussed. R. Tallon called the meeting back to order at 3:30PM. <br />2. Ordinance 2000-12: <br />An ordinance creating new and revised chapter 1163 of the Zoning Code of the City of North <br />Olmsted, entitled "SIGNS" as amended. <br />Mr. Tallon asked Mr. Dubelko to review Ordinance 2000-12. Mr. Dubelko commented that the <br />geneses of Ordinance 2000-12 lies with the decision of the federal district court in the case of <br />North Olmsted Chamber of Commerce verses the City of North Olmsted. Judge Nugent of the <br />northern district of Ohio Core Eastern Division declared the entire chapter 1163 of the North <br />Olmsted Zoning Code entitled "Sia s" unconstitutional on three grounds. The first being; the <br />ordinance violates the first amendment by containing many content base distinctions between <br />speakers. The second reason; the application process that provided for obtaining sign permits <br />constituted an illegal subsequent restraint on speech. The final reason was; by allowing certain <br />speech in certain zoning districts and not in others violated equal protection. The case has not <br />concluded because there is a final claim pending. The City has elected to start the legislative <br />process of creating a new sign code or a new chapter 1163 and that is what Ordinance 2000-12 <br />proposes to do. The Law Department started the process by taking a model sign code that was <br />created by the International Municipal Lawyers Association. From there they are working with <br />the different departments within the City, such as the Law, Building and Engineering Departments <br />in order to create a new sign code that the City hopes will address all of Judge Nugent's concerns. <br />Ordinance 2000-12 was placed on first reading before Council this month. As the Zoning Code <br />provides following a first reading it was referred to the Planning Commission for their review and <br />4