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02/22/2000 Minutes
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02/22/2000 Minutes
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N Olmsted Boards & Commissions
Year
2000
Board Name
Planning Commission
Document Name
Minutes
Date
2/22/2000
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t . . <br />circumstances. (1) If there is an alteration or modification or change in the sign as a result of <br />reconstruction, repair or restoration and that exceeds $1,000.00 or 25% of the signs present value <br />then the owner is required to bring the sign into compliance with the provisions of the code. In <br />the event of a pole sign that would require replacing the pole sign with something else or <br />eliminating it. Under 1163.B it provides that if the property undergoes a change of use or change <br />of ownership shall be brought into compliance. Mr. Asseff commented that then that would <br />follow, if one has to change the lettering on the sign then it would imply that there is a change of <br />use. Mr. Dubelko indicated that that was not necessarily correct. Mr. Tallon commented that if a <br />tenant just wanted to change the name on a sign it just changes the language not ownership. Mr. <br />AssefF suggested that a lot of the strip centers are own by a partnership and the actual tenants do <br />not own the signs so no matter how often a new tenant comes in under this ordinance each new <br />tenant can chanae the face of the non-conforming sign. Mr. Dubelko remarked that that would be <br />a Dood recommendation to Council to look at rewording it so that it includes changes of <br />ownership and tenants results in a business change in the sign. Mr. Asseff indicated that the <br />current wording was a little too vague. Mr. Dubelko indicated that any time there is any language <br />in an ordinance that one of the commissioners has a realistic concern with, then they should deal <br />with the concern by defining the term. If a term of use is vague then the Law Department can <br />work a definition for the concern. Mr. Asseff suggested adding something that would reflect a <br />change in tenant would also require the sign to come into compliance. NIr. Spaldin- questioned <br />how the new chapter 1163 was formulated, i. e., was a committee devised, or was Council <br />involved in any way or how was it formulated. Mr. Dubelko indicated that the chapter started in <br />the Law Department as all good legislation does. Once the Law Department has written an <br />ordinance it is sent to Council, and by no means does the Law Department expect the ordinance <br />to have been drafted in its final form. The Law Department expects changes as Council, Planning, <br />Building and Engineering Departments and the public add their input and suggestions. Mr. <br />Spalding questioned if the Chamber of Commerce had been included in the revisions. Mr. <br />Dubelko remarked frankly not yet, they have two forums same as every other member of the <br />public has at public hearings. Mr. Asseff questioned if the City indicated that they would appeal <br />the court ruling on the existing sign chapter. Mr. Dubelko indicated that the City had not made a <br />ruling on appealing the case, as the final judgment has not been released. Mr. Tallon opened the <br />discussion to the audience. Mr. Pat Graham, from the Chamber of Commerce came forward. Mr. <br />Graham indicated that he would like to set the record straight on one issue, which has been <br />reported and brought up again tonight, that the litigation was over pole signs. While it is true that <br />that was one of the initial issues Commerce had with the sign chapter, once the Commerce got <br />into the sign ordinance and saw what a bad ordinance it was, their issues at that point were not <br />pole signs but the entire sign ordinance. It is not pole sign litigation and in the fall of 1997 at a <br />public forum the Law Director stated that himsel£ Chamber of Commerce was just provided a <br />copy of the amended ordinance today as were the Board members. The first ordinance that had a <br />first reading would never have passed any body of government so there is not really anything to <br />discuss with that. Commerce commends the Law Department for the new version of the <br />ordinance as it's a lot better than anything they have previously seen in writing. Commerce still <br />has a number of issues with the amended ordinance, while the City would like to get this on a fast <br />track, Commerce would like to get a good ordinance that the business community and the City <br />could together accept and endorse. They would hate to see this Commission, or Council ram- <br />roding something through just for the sake of time. This is too important of an issue and too <br />6
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