85-086 Ordinance - Laserfiche WebLink

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1 , ,,.... .. ? ? • ' ? ?' ? • ?+ _„ BY: Nfr. Wilamosky .. ? CITY OF NORTH OLMSTED ORDINANC:E N0. 85 - 8 G / ; r r ? I AN ORDINANCE AMENDING VARIOUS SECTIONS OF AND CREATING NEW SECTICNS WITHIN Q-iAPTER 1221 OF THE NORTH OIMSTED CODIFIED ORDINANCES, ENTITLED "SIGNS", 'Ii-IEREBY PROVIDING FOR THE PROHIBITION AND EVEN7.'UAL ELIMiNATION OF POLE SIINS WITHIN 'II-IE CITY OF NOR'IH OLb6TED, AND DECLARING AN EMERGENCY. 3, l9 q I WHEREAS, the City of North Olmsted is imder a continuing duty, pursuant to Section 723.01 of the Chio Revised Code, to keep its streets and sidewalks free from nuisances ; and WHEREAS, recent decisions by the Ohio Supreme Court and lower state courts have abrogated the doctrine of sovereignimmmity in tliis State and further have allowed private parties to zecover large monetary damages against cities for placing structures or suffering structures to be placed in or near the public right of way; and WHEREAS, this Coi.mcil has determined that the placement of pole signs near the public right of way, as presently permitted in the City of Nortfi Olmsted, creates a nuisance to vehicular and pedestrian traffic upan the streets and sidewalks of the City, exposing the City to the possibility or probability of liability for large monetary damages wlder Section 723.01 of the Revised Code; and WHEREAS, this Coimcil has further determined that pole signs have contributed to the visual clutter of Lorain Road and the ot1ier-- major streets within the City of North Olmsted, thereby not only posing traffic hazards to tlie travelling public, but also adversely affecting praperty values along Lorain Road and other ma.jor streets within the City; and WHEREAS, it is the intent of this Coimcil to provide for the prohibition of pole signs within or near the public right of way along the streets of the City of North Olmsted, and to further provide.for the amortization of existing pole signs so as to elrminate all pole signs within the City of North Olmsted by January 1, 1990; and WI-IEREAS, Cotmcil believes that the amortization period it is establishing within this Ordinance is reasonable, permitting praperty owners to fully depreciate for tax purposes new pole signs and granting to praperty owners sufficient time within wfiich to remove pole signs from their lots and replace them with other types of signs not prohibited by this Ordinance, NOGV, IHEREFORE, BE IT ORDAINED BY 'IHE COUNCIL OF 'IHE CITY OF NORTH OI.1vl5TED, COtJNT'Y OF CUYAHOGA AND STATE OF OHIO: SECTION 1: That Sections 1221.03, 1221.06 and 1221.07 of Chapter 1221 of eCodified Ordinances of the City of North Olmsted, entitled "Signs", which presently read: "1221.03 Definitions and Measurement Standards Signs, their definitions, and type as to design and content as used in this Chapter are defined as follows: