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9 # CITY OF NORTH OLMSTED ORDINANCE NO. 2000-12 BY: MAYOR NORMAN MUSIAL AND THE ENTIltE COUNCIL AN ORDINANCE CREATING NEW AND REVISED CHAPTER 1163 OF THE ZONING CODE OF THE CITY OF NORTH OLMSTED, ENTITLED "SIGNS, " AS TWICE AMENDED. WHEREAS, in the case styled as North Olmsted Chamber of Commerce, et al. v. City of North Olmsted, United States District Court, Northern District of Ohio, Eastern Division, Case No. 1:98 CV 0810, the Court declared Chapter 1163 of the North Olmsted Zoning Code, entitled "Signs," unconstitutional in toto on the grounds that its provisions violate the First and Fourteenth Amendments to the United States Constitution, and further permanently enjoined the City from enforcing any of the provisions of said Chapter 1163; and WHEREAS, pending a determination whether to appeal the said judgment of the United States District Court to the United States Sixth Circuit Court of Appeals, it is necessary to adopt a new Chapter 1163 of the Zoning Code so that the City may regulate the size and placement of signs in order to protect the public health, safety and welfare; and WHEREAS, this Council believes that the proposed new and revised version of Chapter 1163 of the Zoning Code addresses and resolves the Court's findings of unconstitutionality in the existing version of Chapter 1163 of the Zoning Code, especially insofar as its substantive provisions are not impermissibly content based, its permit application provisions do not constitute an illegal prior restraint on free speech, and it does not establish classifications which are violative of equal protection; and WHEREAS, this Council believes that the new and revised Chapter 1163 of the Zoning Ordinances will substantially further the City's legitimate interests in the regulation of signage on private property in order to protect and promote traffic safety and aesthetics; and ? , WHEREAS, the Planning Commission on the ?P,.`? day of - , 2000, by formal motion, recommended that this Ordinance as twice amended, creatin ' new and revised Chapter 1163 of the Zoning Code, entitled "Signs," be approved; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORTH OLMSTED, COUNTY OF CUYAHOGA AND STATE OF OHIO: SECTION 1: That there is hereby created new and revised Chapter 1163 of the North Olmsted Zoning Code, entitled "Signs." Said new and revised Chapter 1163 shall be in form and substance as set forth in attached Exhibit A, which is expressly incorporated into this Ordinance by reference as if fully restated herein.