ORDINANCE NO.

AN ORDINANCE TO APPROVE AND ADOPT THE 2017-B CODIFIED ORDINANCES INCLUDING NEW MATTER CONTAINED THEREIN, AND DECLARING AN EMERGENCY.

WHEREAS, the City has previously determined that it would be in its best interest to

revise and reprint the City Code; and

WHEREAS, the City has heretofore entered into a contract with the American Legal Publishing Corporation to prepare and publish such recodification; and

WHEREAS, the recodification of such ordinances together with the new matter to be adopted the matters to be amended and those to be repealed are before the Council, now, therefore:

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PAINESVILLE, LAKE

COUNTY, OHIO:

Section I. That the ordinances of the City of Painesville, Ohio, of a general and permanent nature, as revised, recodified, rearranged and consolidated into component codes, titles, chapters and sections within the 2017-B Codified Ordinances of the City of Painesville, Ohio, are hereby approved and adopted.

Section II. That the editing, arrangement and numbering or renumbering of the following ordinances are hereby approved as parts of the various component codes of the Codified Ordinances of the City, so as to conform to the classification and numbering system of the Codified Ordinances:

Ord. No. Date C.O. Section 3-17 1-17-17 167.071, 167.09 4-17 1-17-17 167.06, 167.07 7-17 3-6-17 167.06, 167.07 8-17 3-20-17 915.01-915.11, 915.99 10-17 5-1-17 167.07 13-17 6-19-17 518.01-518.18, 518.99 14-17 6-19-17 1373.01-1373.05, 1373.99 15-17 6-19-17 1375.01-1375.08, 1375.99 Res. 22-17 6-5-17 165.01-165.04

Section III. That the provisions of this Ordinance, including all provisions of the 2017-

B Codified Ordinances, shall be in full force and effect as provided in Section VI. All ordinances and resolutions or parts thereof, enacted prior to June 30, 2017 which are in conflict or inconsistent with any provision of the 2017-B Codified Ordinances, are hereby repealed as of the effective date of this Ordinance except as follows: the enactment of the 2017-B Codified Ordinances shall not be construed to affect a right or liability accrued under any legislative provision prior to the effective date of such enactment, or an action or proceeding for the enforcement of such right or liability. Such enactment shall not be construed to relieve any person from punishment for an act committed in violation of any such legislative provisions, nor to affect an indictment or prosecution thereof. For such purposes, any such legislative provisions shall continue in full force notwithstanding its repeal for the purpose of revision and recodification.

Section IV. That any section of the 2017-B Codified Ordinances without a legislative history at the end thereof indicates that such section contains new matter enacted by this Adopting Ordinance. The publication of this Ordinance in the manner provided by the City Charter shall constitute sufficient publication of all new matter contained therein.

Section V. The following sections of the Traffic and General Offenses Codes were

amended in the manner respectively indicated to comply with current State law:

304.03 Exceptions generally; emergency, public safety and coroner vehicles exempt. 332.03 Rules governing overtaking and passing of vehicles. 332.16 Ambiguous or non-working traffic signals. 332.34 Stop signs at grade crossings. 334.01 Driving or physical control of vehicle while under the influence of alcohol or

drugs.

334.011 Immobilizing or disabling device violation. 334.03 Speed limits. 334.09 Street racing defined; prohibited on public highways. 334.14 Operation restricted for mini-trucks and low-speed, under-speed, or utility

vehicles. 336.09 Display of license plates or violation stickers; registration. 336.14 Removal of vehicles after accidents. 346.01 Definitions for bicycles, motorcycles etc. 346.03 Code application; prohibited operation. 346.04 Permitted operation. 346.08 Registration of vehicles. 352.05 Impounding abandoned motor vehicle on public property. 352.06 Impounding motor vehicle on private property. 352.07 Condition when motor vehicle left unattended. 506.01 Definitions. (Offense of violence) 508.04 Failure to report a crime. 508.16 Disposition of unclaimed or forfeited property held by Police Department. 512.08 Hours of sale or consumption. 524.01 Definitions concerning drugs. 536.14 Contributing to unruliness or delinquency of a child. 542.06 Arson 542.07 Determining property value or amount of physical harm in arson. 578.01 Weapons definitions. 578.02 Carrying concealed weapons. 578.04 Improperly handling firearms in a motor vehicle. 578.13 Possession of an object indistinguishable from a firearm in a school safety zone. 578.14 Concealed handgun licenses; possession of a revoked or suspended license;

additional restrictions; posting of signs prohibiting possession. PASSED: _____________________________ Paul W. Hach, II President of Council ATTEST: _____________________________ Valerie Vargo Clerk of Council

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ORDINANCE NO.

AN ORDINANCE REPEALING CHAPTER 1341 “SIGNS” OF THE PAINESVILLE CODE OF 1998, and DECLARING AN EMERGENCY.

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PAINESVILLE, LAKE

COUNTY, OHIO: SECTION I. That Chapter 1341 of the Painesville Code of 1998 is hereby repealed. 1341.01 DEFINITIONS. As used in this chapter, unless the context otherwise indicates: (a) "Awning" means any structure made of cloth or metal with a metal frame attached to a building and projecting over a sidewalk when the same is so erected as to permit its being raised to a position flat against the building when not in use. (b) "Billboard" or "signboard" means any structure or portion thereof, situated on private premises on which lettered, figured or pictorial matter is displayed for advertising purposes. (c) "Bulletin board" means any announcement sign directing attention and located on the lot of a public or semipublic building. (d) "Canopy" means any structure, other than an awning, made of cloth or metal with a metal frame attached to a building and carried by a frame supported by the ground, foundation or the building to which it is attached. (e) "Electronic message center (EMC)" means a free-standing ground sign containing a computerized, programmable electronic visual communications device capable of storing and displaying multiple messages in multiple formats and at varying intervals that are electronically changed by remote or automatic means. (f) “Erect” means to build, construct, attach, hang, place, suspend, or affix and also includes the painting of wall signs. (g) “Facing and surface” means a surface of the sign upon, against or through which the message is displayed or illustrated on the sign. (h) “Flat” or “wall sign” means a sign erected parallel to, or painted on, the surface or integral with the outside wall of any building. (i) "Foot-candle," means a unit of measure of the intensity of light falling on a surface equal to one lumen per square foot and originally defined with reference to a standardized candle burning at one foot from a given surface. (j) “Ground sign” means any sign erected, constructed or maintained to display outdoor advertising by means of posters, pictures, pictorial and reading matter when such sign is supported by two or more uprights, posts or braces placed upon or affixed in the ground and not attached to any part of a building. (k) “Illuminated sign” means any sign which has characters, letters, figures, designs, or outlines illuminated by electric lights or luminous tubes as a part of the sign proper. (l) “Marquee” means any hood or awning or permanent construction projecting from the wall or building above an entrance. (m) “Marquee sign” means a sign attached to the soffit or fascia of a marquee. (1) “Pole sign” means any letter, word, sign, device or representation used in the nature of an advertisement or announcement, not attached to a building and which is supported by a single stationary pole or post. (n) “Portable sign” means any sign which is capable of moving or being moved. (o) “Projecting sign” means any sign which is attached to a building or other structure and which extends beyond the line of the building or structure, or beyond the surface of that portion of the building or structure to which it is attached. (p) “Project sign” means a sign indicating the name, owner, or manager of a development or project. (q) Real estate “For Sale” and “For Rent” signs means signs which direct attention to the promotion, development, rental, sale, or lease of the property on which the signs are located. (r) “Roof sign” means any sign erected, constructed, and maintained wholly upon or over the roof or parapet wall of any building with the principal supports on the roof structure.

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(s) “Sidewalk” means that portion of a street between the curb lines, or adjacent to the lateral lines of a roadway and the adjacent property lines, intended for the use of pedestrians. (t) “Sign” means an identification, description, illustration, or device which is affixed to or integrated into a building, structure, or land and which directs attention to a product, place, activity, person, institution, or business. (u) “Sign area” means the total area of space to be used for advertising purposes, including spaces between open-type letters and figures, including the background structure or other decoration or addition which is an integral part of the sign. Sign supports shall be excluded in determining the area of a sign. (v) “Temporary sign” means a sign applying to a seasonal or other brief activity or service and constructed of wood, metal, cloth, paper, plastic or fabric of any kind. (w) “Wall sign” means any sign painted on, attached to, or erected against the wall of a building or structure with the exposed face of the sign in a plane parallel to the plane of the wall. 1341.02 INSTALLATION OF SIGNS. No person, firm or corporation, or his or their agents, shall erect, hang, maintain, use, or suspend any outdoor sign, marquee or portico except as hereinafter provided. 1341.03 SIGNS ON PUBLIC PROPERTY. No sign shall be placed upon public property, any public sidewalk, public street, parkway or treelawn in the City except signs erected by the City or temporary signs erected for the purpose of warning the public of existing danger and then only by securing permission from the City Manager. 1341.04 SIGN POSTS, ETC., ON PUBLIC PROPERTY.

(a) No posts or other structures shall be erected on public property, in any parkway, treelawn or between any sidewalk line and curb line or other public place for the purpose of erecting, hanging, or suspending of any sign or marquee.

(b) Banners, balloons, streamers, cloth, canvas or like signs, shall not be suspended over or across any public right of way, sidewalk, or public street, except by special permission of the City Manager and for a temporary period only, not to exceed thirty days. When such permission is given, no permit fee shall be required, but such permission may be conditioned on insurance coverage. 1341.05 PERMIT REQUIRED. Unless specifically exempted by Section 1341.04 or Section 1341.06, each person, firm or corporation, or his or their agents, before the commencement of any work in connection therewith, shall first obtain a permit therefor from the Building Official of the City. Each applicant for such permit shall file with the Building Official an application on forms to be supplied by the Building Official. All applications shall include detailed design plans and specifications and sufficient data to determine the soundness of the design, and compliance with the provisions of this chapter, the Zoning Code, and the Ohio Building Code. 1341.06 PERMIT NOT REQUIRED. The exemption from the requirement of a permit for an outdoor sign or marquee shall not relieve the owner of such sign or marquee from the responsibility for its erection and maintenance in a safe condition or from conforming with applicable provisions of this chapter governing materials, construction, and erection. Unless required by the Zoning Code, no permit shall be required for the following nonilluminated outdoor signs:

(a) Those having an area of not more than four square feet in residential districts or not more than twelve square feet in business districts, provided such signs pertain only to the sale, lease, or rental of the premises.

(b) The posting of bills, signs, or posters on billboards or display structures that have been legally erected and maintained for such purposes.

(c) Signs erected by the City or other governmental units, or public carrier for the regulation of traffic, identification of streets, transit lines or stations and similar designations or instructions.

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(d) Legal notices, house numbers, memorial or inaugural inscriptions. 1341.07 PERMIT REFUSAL. (a) The Building Official shall refuse a permit for erection of any sign or marquee if the application therefor and the accompanying drawing or diagram show that the sign or marquee, when erected, will not be in accordance with the provisions hereof, or if the same shall constitute a hazard to the safety of persons using the public street, sidewalk or area in the vicinity thereof. (b) All appeals of a sign permit refusal shall be made by filing with the Building Official a notice of appeal on forms provided for such purpose. Such appeal shall be scheduled for a hearing before the Board of Zoning Appeals. Fees, notice requirements, and procedures for such appeals and hearings shall be as set forth in these Codified Ordinances. 1341.08 FEES. For each permit for the erection or construction of a sign or marquee, the applicant shall pay the Building Official of the City a permit fee of five dollars ($5.00) plus twenty cents (20¢) per square foot for that portion of the face of any sign in excess of fifteen square feet. 1341.09 SIGN SUPPORTS. Each sign or marquee erected, hung or suspended or permitted under the terms of this chapter shall be securely fastened to a building or other structure upon the premises owned or occupied by the applicant. Such sign or marquee shall be supported vertically and horizontally so as to prevent the same from falling from its own weight and all superimposed loads. No sign herein referred to shall be suspended from or supported by a cornice or coping. Signs or marquees supported by or extending from any building shall be anchored to the supporting wall or structural members of such building. In no case shall the sign or marquee be supported by or suspended from the facing wall only of the structure. 1341.10 INSPECTION OF THE INSTALLATION. Each sign or marquee erected shall be examined by the Building Official to determine whether the sign or marquee is constructed, erected, hung, or suspended in accordance with the application and permit and the provisions thereof. 1341.11 VERTICAL AND HORIZONTAL CLEARANCES. (a) No sign or marquee erected, hung, or suspended shall extend over and across any sidewalk, public street, public right of way or part thereof. (b) No sign or marquee shall be erected so as to have less than ten feet of vertical clearance between such sign or marquee and the ground level. Signs erected against a building and not extending therefrom may be located less than ten feet above grade, provided that the same is erected, in the judgment of the Building Official, so as not to be an obstruction to the use of a walkway or to endanger persons using the same. (c) No sign erected parallel to the wall of any building shall be at a distance greater than nine inches therefrom and shall be fastened to the building at intervals of not less than three feet and shall be designed so as to prevent the accumulation of snow or water upon or behind the sign. 1341.12 OBSTRUCTIONS PROHIBITED.

(a) No sign or marquee shall be erected, maintained, or permitted to remain so as to obstruct any window, door, fire escape, balcony, platform, stairway, ladder, lighting system, or traffic control lights of the City.

(b) Signs may be displayed in or attached to the inside of display or show windows, provided the total sign area does not exceed twenty-five percent (25%) of the total display or show window area. 1341.13 PROHIBITED SIGNS AND ADVERTISING DEVICES. The following signs and advertising devices are prohibited:

(a) Portable or moveable signs or devices except as a temporary sign as provided in Section 1341.14.

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(b) Pennants, streamers, whirligig devices and bare strings of light bulbs.

(c) Roof signs or signs extending above the parapet line. (d) Flashers, animators or mechanical movements or contrivances of

any kind excepting clocks. (e) Paper or cloth posters applied directly to the wall of the building or

pole or other support and letters or pictures in the form of advertising, printed, painted, or applied directly on the wall of a building.

(f) Search lights and beacons. 1341.14 TEMPORARY SPECIAL EVENT SIGNAGE.

Temporary signs identifying a special, unique, or limited activity, service, product, or sale of limited duration shall be permitted subject to the following:

(a) Number. There shall not be more than two permits for special events signage issued for the same premises within one calendar year.

(b) Location. Special event signage shall be located only upon the premises upon which the special, unique, or limited activity, service, product, or sale is to occur. Such signs may be located in any required yard, but may not extend over any lot line or within fifteen feet of any point of vehicular access from the premises to a public roadway.

(c) Size. Special event signage shall not extend thirty-two square feet in gross surface area for each exposed face nor exceed an aggregate gross surface area of sixty-four square feet, except by special permission of the City Manager.

(d) Height. Special event signage shall not project higher than fifteen feet above grade, except by special permission of the City Manager.

(e) Timing. Special event signage shall be erected and maintained for a period not to exceed thirty days and shall be removed within three days of the termination of the activity, service, project or sale.

(f) Existing Signs. Temporary signage existing at the effective date of this chapter may be continued until December 31, 1988; thereafter, all temporary signage shall conform to this section. 1341.141 POLITICAL SIGNS.

(a) A political sign shall be any temporary sign advocating action on a public issue or promotion of a candidate for public office.

(b) For a period of not to exceed thirty days, there may be placed on property, with the owner’s consent, political signs which shall carry a complete message and shall not exceed sixteen square feet in area. The signs may be double face. Such sign shall not be nearer than five feet to the street line or any boundary line, provided, however, that on a corner property, if the tops of such sign are in excess of three feet above the curb grade, then they must be twenty feet or more from the intersection of the street lines. The signs must be maintained in good repair. 1341.15 PERSONS RESPONSIBLE FOR SIGNS.

The owner of each outdoor sign or marquee and the owner of the premises on which the sign or marquee is erected, affixed, attached or maintained, shall be individually and separately responsible for the maintenance of such sign or marquee, and its removal when ordered by the Building Official. 1341.16 RESIDENTIAL DISTRICTS (R-l, R-2, R-3).

Signs erected in residential districts shall comply with the regulations as set forth in the Zoning Code. 1341.17 NEIGHBORHOOD BUSINESS DISTRICT (B-l).

(a) Wall Signs. One permanent wall sign is permitted on the premises provided it shall be limited to two square feet of sign for each lineal foot of front width of business building or business unit measured parallel to the street line, provided that the maximum total area of the aforementioned sign shall not exceed 200 square feet. On a corner lot, a second sign shall be permitted and the combined surface area may be increased by twenty-five percent (25%) provided that such additional sign area is displayed on that face of the building abutting on that street creating the additional allowance.

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(b) Free-Standing Signs. In addition to a wall sign, one free-standing sign not exceeding fifty square feet per face and limited to 100 square feet per sign shall be allowed for any one building. Such sign shall not exceed eight feet in height above established grade. No portion of sign or sign supports shall extend into the public right of way. Buildings located on lots with two or more street frontages shall be permitted to erect two free-standing signs subject to size and location requirements as set forth herein.

(c) Entrance and Exit Signs. In addition to the aforementioned signs, entrance and exit signs shall be permitted at drives leading to private parking lots. Such signs shall not be more than four square feet in area per face and limited to eight square feet per sign. Such sign shall not exceed four feet in height above established grade. 1341.18 COMMUNITY BUSINESS DISTRICT (B-2).

(a) Generally. The same as regulated in the B-l Neighborhood Business District, except as hereinafter modified.

(b) Wall Signs. On a corner lot or abutting on a public parking lot, a second sign shall be permitted and the combined surface area may be increased by fifty percent (50%) provided such additional area is displayed on that face of the building abutting on that street or parking lot creating the additional allowance.

(c) Free-Standing Ground Signs. In addition to wall signs, one free-standing ground sign not exceeding 75 square feet per face and limited to 150 square feet per sign shall be allowed for any one building. Such sign shall not exceed eight feet in height from grade. Buildings located on lots with two or more street frontages shall be permitted to erect two free-standing ground signs subject to size and location requirements as set forth herein. One of the two permitted free-standing ground signs may contain an EMC sign in accordance with the requirements listed in division (d) of this section.

(d) Electronic Message Center (EMC) Signs. In lieu of a standard free-standing ground sign, an electronic message center sign may be incorporated into the free-standing ground sign provided it does not exceed 40% of the allowable 75 square feet per sign face of the 150 square feet total per sign. In no case shall a free-standing ground sign incorporating an electronic message center sign exceed eight feet in height. In addition, all EMC signs shall adhere to the following requirements:

(1) Any EMC must meet all of the, requirements of this sign code. (2) As an EMC sign is a form of reader board. The permitted EMC

sign square footage may not be couple with any other form of reader board. (3) The separation between EMC signs shall be a minimum of 70

feet. (4) EMC signs shall be located a minimum of 30 feet from any

intersection of public streets and located on the property so as to not restrict line of sight visibility for pedestrian traffic and any vehicular traffic for ingress from or egress to a public street.

(5) EMC signs shall only advertise commercial events, goods and/or services available on the property the sign is located. EMC signs can also be used for noncommercial speech that is protected by the first amendment.

(6) EMC signs shall hold their message a minimum of 15 seconds per screen. Electronic signs displaying time and temperature shall be the only exception to this division.

(7) Each message shall be limited to two lines of text per screen and two screens of text total. Letter and/or character copy shall not exceed a maximum of 18 inches in height. Amber Alerts and Weather Alerts shall be the only permitted exceptions to this division.

(8) No flashing light(s) or "spell-on" scrolling, streaming, or crawling display modes shall be allowed on any EMC sign.

(9) Operation of an EMC sign shall be consistent with the hours of operation of the business on which the EMC is to be located, except that no EMC sign shall be operational between the hours of 11:00 p.m. and 6:00 a.m.

(10) All EMC signs shall be anti-glare and all EMC signs shall be equipped with an automatic dimmer device.

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(11) As measured from the affected properly lines on which the EMC sign is located, the maximum light emanation from an EMC sign shall not be greater than .2 foot- candles.

(12) No EMC sign shall utilize colored or neon lights that can be used in a location or manner in which they might be confused with traffic control devices or vehicular traffic.

(13) An EMC sign shall not face any residentially zoned property (S-1, R-1, R-2), nor shall any EMC sign face any historic district.

(14) All electric equipment used to operate or install an EMC sign must be UL listed.

(15) All electrical power to any EMC sign shall be supplied via underground carrier inside approved conduit, and must be installed to the City of Painesville's electrical requirements,

(16) Any malfunctioning EMC sign shall be turned off, or display a blank screen, until repaired.

(17) All EMC signs shall be kept in good operating condition and maintained with good external appearance.

(18) If any nonconforming, existing EMC sign is damaged so that repair costs amount to 50% or more of the replacement cost of the EMC sign, the EMC sign may be repaired only if it is brought into conformance with this section. 1341.19 CENTRAL BUSINESS DISTRICT (B-3).

(a) Generally. The same as regulated in the B-1 Neighborhood Business District, except as hereinafter modified.

(b) Wall Signs. On a corner lot, or frontage on a public parking lot, a second sign shall be permitted and the combined surface area may be increased by one hundred percent (100%) provided such additional sign area is displayed on that face of the building fronting on that street or parking lot creating the additional allowance. In lieu of a wall sign, one extended sign for each business unit with a street frontage shall be permitted. Such sign shall not exceed forty square feet in total area and shall meet the requirements of Section 1341.11. 1341.20 GENERAL BUSINESS AND INDUSTRIAL DISTRICTS (B-4, M-l, M-2, M-3). The same as regulated in the B-3 Central Business District. 1341.21 SPECIAL DISTRICT SIGN REGULATIONS.

Council may from time to time establish sign regulations separate from the provisions of this chapter for a designated area of the City. Such districts shall be contiguous and possess certain unique characteristics, as determined by Council, to warrant sign regulations which differ from one or more of the provisions of this chapter. A map defining the district and special regulations, which may modify certain defined provisions of this chapter, shall upon approval by Council, be made an attachment to this chapter. If, and to the extent that special district regulations are approved by Council, such regulations shall be observed by the persons affected in lieu of compliance with the affected provisions of this chapter. However, those provisions of this chapter which are not affected by special district sign regulations shall continue to apply in the designated special district. Nothing in this section or elsewhere in this chapter shall prevent the establishment of special district sign regulations which are more stringent than those set forth in this chapter. 1341.22 ILLUMINATION OF SIGNS.

(a) All illuminated signs shall be so designed, located, shielded, and directed so as to prevent the casting of glare or direct light from artificial illumination upon adjacent publicly dedicated roadways and surrounding property.

(b) In no instance shall the lighting intensity of any sign, whether resulting from internal illumination or external illumination, exceed seventy-five foot candles when measured with a standard light meter perpendicular to the face of the sign from a distance equal to the narrowest dimension of the sign.

(c) Signs visible from adjoining properties zoned for residential uses shall not be illuminated except with indirect white light.

(d) An electrical permit shall be obtained for the erection of illuminated signs.

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1341.23 SIGN MAINTENANCE. All signs, both exterior and interior, shall be maintained in a good state of repair. All signs whose exterior is deteriorated, decaying, disintegrating or whose exterior surface has weathered with dirt and grime or has been impaired through peeling or flaking of the paint or other protective coating, shall be repaired, repainted or resurfaced, or removed. 1341.24 REMOVING OF SIGNS. Whenever any structure or part thereof becomes vacant, the owner or agent shall cause all signs, which are visible from the exterior, and which no longer apply to the products or services offered on the premises, to be removed within thirty days and to restore the exterior appearance of the building to match the existing facade. 1341.25 POSTING OF GASOLINE PRICES.

(a) Sign Visibility. No person, firm, or corporation shall sell or offer to sell gasoline in the City unless the price thereof is posted on a sign clearly visible from the street. The placement of such sign shall not be deemed a violation of other sections of this Code relating to regulation of signs.

(b) Figure Dimensions. The figures indicating the price shall be not less than six inches or more than twelve inches in height. Two signs shall be required on gasoline stations facing on two streets unless one sign can be so located as to be clearly visible from both streets.

(c) If gasoline is offered for sale at differing prices, the sign shall show the cost of regular gasoline, nonpremium unleaded gasoline and premium unleaded gasoline.

(d) Pump islands shall be identified as either "full serve" or "self serve". The placement of such signs shall not be deemed a violation of other sections of this Code relating to regulation of signs. 1341.26 NONCONFORMING SIGNS.

(a) A nonconforming sign means a sign existing prior to the initial passage of this chapter which does not conform to one or more of the requirements of this chapter.

(b) Nonconforming signs, other than temporary, may be continued and be maintained and repaired but not expanded. If any nonconforming sign is discontinued or replaced, any future use thereof shall be in conformity with the provisions of this chapter. 1341.99 PENALTY. Whoever violates any provision of this chapter or who fails or refuses to obey a lawful order of the Building Official issued pursuant to this chapter is guilty of a minor misdemeanor for each offense. A separate offense shall be deemed committed each day during which a violation continues. SECTION II. That this ordinance is passed as an emergency measure for the protection and preservation of the peace, health, safety and general welfare of the inhabitants of the City of Painesville, the emergency being the necessity to adopt additional regulations to help insure compliance with the City’s Building and Zoning Codes, and therefore this Ordinance shall become effective immediately upon its passage. PASSED:

PAUL W. HACH, II President of Council

ATTEST: VALERIE VARGO Clerk of Council

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ORDINANCE NO.

AN ORDINANCE ENACTING CHAPTER 1341 “SIGNS” OF THE PAINESVILLE CODE OF 1998, and DECLARING AN EMERGENCY.

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PAINESVILLE, LAKE

COUNTY, OHIO: SECTION I. That Section 1341 of the Painesville Code of 1998 is hereby enacted to read as follows: 1341.01 PURPOSE. The purpose of this Chapter is to provide standards for the type, design, size, illumination, movement, materials, condition, and location of signs in order to achieve, among others, the following:

(a) To protect and maintain property values; (b) To provide for reasonable and appropriate means of communication; (c) To maintain and enhance the aesthetic environment of the City; (d) To eliminate any conflict that would be hazardous between traffic control signs

and devices and signs not related to the function of traffic control; (e) To ensure a safe and orderly pedestrian and vehicular environment; (f) To reduce visual clutter and prevent blight characterized by oversized,

overcrowded, abandoned, obsolete, and/or dilapidated signs; (g) To Minimize the risk of damage and injuries from signs that are structurally

unsafe; (h) To promote economic development; and, (i) To achieve an appropriate balance between signs as a means of communication

and reducing the harms caused by such signs. 1341.02 DEFINITIONS. As used in this chapter, unless the context otherwise indicates:

(a) "Awning" means a projection from a building wall intended primarily for shelter or ornamentation and which can be retracted, folded, or collapsed against the face of the supporting building.

(b) "Billboard" means a permanent sign on which the sign copy is not directly associated with a permitted main use of the land on which such sign is located or any permanent sign situated on a lot where no permitted main use exists.

(c) "Building Unit” means a space occupying a portion of the ground floor of a building, containing an exclusive entrance from the building exterior and separated from all other ground floor spaces by a party wall or walls. For the purposes of this Chapter regulations referring to a building shall apply to a building unit if such building is divided into units.

(d) "Canopy" means any structure, other than an awning, intended primarily for shelter or ornamentation with a metal frame attached to a building and carried by a frame supported by the ground, foundation or the building to which it is attached.

(e) “Changeable copy” means that portion of a permanent sign on which copy is not permanently affixed to the sign allowing the copy to be periodically changed manually,

(f) “Copy” means the letters, words, symbols, or artwork displayed on a sign. (g) "Electronic message center (EMC)" means a freestanding sign containing a

computerized, programmable electronic visual communications device capable of storing and displaying multiple messages in multiple formats and at varying intervals that are electronically changed by remote or automatic means.

(h) “Erect” means to build, construct, attach, hang, place, suspend or affix and also includes the painting of wall signs.

(i) “Facing and surface” means a surface of the sign upon, against or through which the message is displayed or illustrated on the sign.

(j) "Foot-candle," means a unit of measure of the intensity of light falling on a surface equal to one lumen per square foot and originally defined with reference to a standardized candle burning at one foot from a given surface.

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(k) “Freestanding sign” means any sign supported by one or more uprights, posts, columns, or vertical structures or supports affixed in the ground and not attached to any part of a building.

(l) “Illuminated sign” means any sign illuminated by any source as an integral component of the sign, or by external light directed primarily toward the sign.

(m) “Incidental Sign” means any wall sign one (1) square foot or less in area or a ground sign three (3) square feet or less in area and four (4) feet or less in height

(n) “Multi-tenant building” means a nonresidential building served by a common entrance that contains multiple uses.

(o) Nonconforming sign means any sign lawfully erected and maintained prior to the initial passage of this chapter which does not conform to one or more of the requirements of this chapter. Temporary signs shall not be considered legal, non-conforming signs.

(p) “Permanent sign” means a sign that is accessory to a permitted main use and permanently affixed or attached to the ground, a building or a structure and which cannot be removed without special handling such as removing or dismantling a foundation, fasteners, adhesives, or similar materials providing support or structural integrity for the sign.

(q) “Portable sign” means any sign made of durable materials and not a temporary sign, which is capable of moving or being moved.

(r) “Projecting sign” means any sign which is attached to a building or other structure and projecting out from a building face or wall, generally at right angles from the building.

(s) “Roof sign” means any sign erected, constructed, and maintained wholly upon or over the roof or parapet wall of any building with the principal supports on the roof structure.

(t) “Sign” means any visual communication including but not limited to any writing, pictorial representation, mural illustration, emblem, symbol, design, drawing, banner, flag, placard, pennant, poster or other similar device is used for purpose of advertisement, announcement, declaration, demonstration, identification or expression or which directs attention to a product, place, activity, person, institution or business.

(u) “Sign structure” means any sign face, walls, foundations, poles, brackets and other materials supporting the sign face and any materials or equipment associated with the illumination of the sign.

(v) “Temporary sign” means any sign constructed of wood, metal, cloth, paper, plastic or fabric of any kind that is not intended to be permanently installed in the ground nor permanently affixed to a building or structure and is intended for use for a limited period of time.

(w) “Wall sign” means any sign painted on, attached to, or erected against the wall of a building or structure with the exposed face of the sign in a plane parallel to the plane of the wall. Wall signs shall also include signs on awning or canopy.

(x) “Window sign” means any sign that is attached or affixed to, painted on, or located within two (2) feet inside of a window or door of a building and exposed to public view.

1341.03 APPLICABILITY.

(a) Signs shall be designed, erected, altered, reconstructed, moved or maintained, in whole or in part, in accordance with the type, design, size, location, illumination, and other provisions set forth in this Chapter.

(b) Unless otherwise provided, this Chapter shall apply to any sign, in any zoning district, that is visible from the public right-of-way or from property other than the property on which the sign is located regardless of legibility.

(c) The construction, erection, safety, and maintenance of all signs shall also comply with the provisions of the Building Code of the City of Painesville.

(d) The following displays shall not be governed by the provisions of these regulations:

(1) Flags, emblems, notices, and insignia of any governmental agency. (2) Signs conforming to the Ohio Manual of Uniform Traffic Control Devices

and other government signs for traffic control, public safety and other regulatory purposes.

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1341.04 PERMIT REQUIRED. (a) A sign permit shall be required prior to the erection display, relocation, or alteration of any sign except as otherwise provided in this Chapter. However, minor repairs or maintenance not involving structural changes may be undertaken without first obtaining a permit. (b) Application for sign permits shall be made upon forms provided by the Administrator and shall contain the following information:

(1) The name, mailing address, e-mail address and telephone number of the applicant;

(2) The location of the building, structure or lot to which or upon which the sign is to be attached or erected;

(3) Two scale drawings, blueprints or ink, as well as a digital version in a format acceptable to the City, of the plans and specifications of each sign indicating all dimensions, materials, colors, type of lettering illumination, method of construction and means of attachment to the building or ground;

(4) The name of the person erecting the sign; (5) Written consent of the owner of the building, structure or land to which

or on which the sign is to be erected; (6) Photograph of the area of the building upon which a wall sign is to be

placed; (7) Such other information as the Administrator shall require to show full

compliance with this and all other ordinances of the City; (8) For each permit for the erection or construction of a sign or marquee, the

applicant shall pay the Building Official of the City a permit fee of five dollars ($5.00) plus twenty cents (20¢) per square foot for that portion of the face of any sign in excess of fifteen square feet.

(c) When required, approval of the Design Review Board shall be obtained before issuance of a sign permit.

(d) Upon receipt of a completed application, the Administrator shall examine all required plans and specifications as well as the premises upon which the sign is to be placed. If the proposed sign is in compliance with all the requirements of this chapter and all other ordinances of the Municipality, the sign permit shall be issued. If the work authorized under the sign permit has not been completed within one year after date of issuance, the permit shall become null and void.

(e) The Administrator may revoke any sign permit for noncompliance with any provisions of this chapter or misrepresentation of fact on the permit application.

(f) Issuance of a sign permit does not constitute a building permit. When required by the Building Code, a building permit shall be obtained prior to the erection, display, relocation, or alteration of any sign.

1341.05 PERMIT NOT REQUIRED. No permit is required for the following signs; such signs, however, are still subject to the regulations provided for in this Chapter:

(a) Temporary signs as regulated in Sections 1341.10(f) and 1341.11(g). (b) Incidental wall signs provided that such sign is not illuminated. (c) Incidental ground signs limited to two per lot and may be illuminated. (d) Cornerstones, building plaques or other similar architectural elements

permanently incorporated into a building and not exceeding two (2) square feet in total area.

(e) Sign copy which is an integral part of the original construction of vending machines, fuel pumps, automatic teller machines, or similar devices.

1341.06 PROHIBITED SIGNS AND SIGN CHARACTERISTICS. In general, any sign that is not expressly authorized by this Chapter is prohibited. Additionally, the following signs are prohibited: (a) Portable or moveable signs or devices except as a temporary sign. (b) Billboards. (c) Signs that revolve, rotate, whirl, spin, flash or otherwise make use of motion to

attract attention including but not limited to (9) Pennants and streamers.

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(10) Gas-filled, air activated, or tethered balloons, sky tubes, or sky dancers. (11) Signs mounted along one edge on a single vertical flexible pole, the

physical structure of which may resemble a sail, bow, or teardrop. (12) Search lights and bare strings of light bulbs.

(d) Roof signs or signs extending above the parapet line. (e) Any sign that, by reason of its location, illumination, movement, shape, or color,

may interfere with, obstruct the view of, or be confused with, any authorized traffic control device.

(f) Any sign attached to natural vegetation. (g) Any sign that shows evidence of inadequate maintenance or deterioration including

peeling paint, rust, dirt, fading, damage, or discoloration. (h) No sign shall be erected within the area of any sight triangle unless it is three (3)

feet in height or less and does not otherwise obstruct free and clear vision within the sight triangle.

(i) Any permanent sign placed upon or projecting over any public land, street, sidewalk, or other public right-of-way, except as expressly permitted in Section 1341.12.

(j) No sign shall be erected, maintained, or permitted to remain so as to obstruct any window, door, fire escape, balcony, platform, stairway, ladder, lighting system, or traffic control lights of the City.

1341.07 MEASUREMENT STANDARDS (a) The area of any sign shall be measured to include the area of the smallest rectangle

enclosing all elements of the sign, including letters, characters, designs, graphics, and the space between separate elements that are organized to form a single sign.

(b) For free standing signs with two sides in a back-to-back arrangement, parallel, or within 30 degrees of being parallel, only one side of the sign shall be included in the measurement of the area.

(c) In determining the location of a sign in relation to right of way or lot lines, distances shall be measured from the right of way or lot line to the closest point on the sign structure.

(d) A sign structures shall not be computed as sign area unless it contains sign copy. (e) The height of a free-standing sign shall be measured as the vertical distance from

the uppermost point of the sign to the established grade immediately below the base of the sign, including all base and/or other mounting material.

(f) For the purposes of this Chapter, the length of the building wall that faces a public street other than a limited access highway or that contains the primary public entrance shall be considered the building frontage and shall be measured along such building wall between the exterior faces of the exterior side walls. In the case of an irregular wall surface, a single straight line extended along such wall surface shall be used to measure the length. The building frontage for a building unit shall be measured from the centerline of the party walls defining the building unit.

(g) A building is considered to have two frontages whenever the lot fronts on two or more streets, or the building has a public entrance on a wall other than the wall that faces the street. The property owner shall determine which wall shall be the primary building frontage and which wall shall be the secondary building frontage. Only one outside wall of any business shall be considered its primary frontage and only one additional wall considered its secondary frontage.

(h) Where there are multiple tenants in a building, allowable sign area for such building shall be computed as if there were a single tenant.

1341.08 GENERAL PROVISIONS (a) Maintenance. All signs, shall be maintained in a good state of repair. All signs

whose exterior is deteriorated, decaying, disintegrating or whose exterior surface has weathered with dirt and grime or has been impaired through peeling or flaking of the paint or other protective coating, shall be repaired, repainted or resurfaced, or removed. Removal. Whenever any structure or part thereof becomes vacant, the owner or agent shall cause all associated signs and sign structures, which are visible from the exterior, to be removed within thirty days and to restore the exterior appearance of the building to match the existing facade. For freestanding signs, all elements of the sign structure shall be removed and the sign location shall be restored in a manner that is compatible with the premises as determined by the Administrator.

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(b) Substitution of Noncommercial copy. Any sign that can be displayed under the provisions of this chapter may contain non-commercial copy; provided however that such sign shall be subject to the same permit requirements, restrictions on size and type, and other conditions and specifications that apply to the sign for which they are being substituted.

(c) Illumination. Where illuminated signs are permitted: 1. All illuminated signs shall be so designed, located, shielded, and directed so

as to prevent the casting of glare or direct light from artificial illumination upon adjacent streets and surrounding property.

2. In no instance shall the lighting intensity of any sign, whether resulting from internal illumination or external illumination, exceed seventy-five foot candles when measured with a standard light meter perpendicular to the face of the sign from a distance equal to the narrowest dimension of the sign.

3. Signs visible from adjoining properties zoned for residential uses shall not be illuminated except with indirect white light.

4. Temporary signs shall not be illuminated. (d) Sign Supports. Each sign erected, hung or suspended or permitted under the

terms of this Chapter shall be securely fastened to a building or other structure upon the premises owned or occupied by the applicant. Such sign shall be supported vertically and horizontally so as to prevent the same from falling from its own weight and all superimposed loads. No sign herein referred to shall be suspended from or supported by a cornice or coping. Signs supported by or extending from any building shall be anchored to the supporting wall or structural members of such building. In no case shall the sign be supported by or suspended from the facing wall only of the structure.

(e) Inspection Required. Each sign or marquee erected shall be examined by the Building Official to determine whether the sign or marquee is constructed, erected, hung, or suspended in accordance with the application and permit and the provisions thereof.

1341.09 NONCONFORMING SIGNS Any legal nonconforming sign may be continued in use if maintained in accordance with this Section.

(a) A legal nonconforming sign shall lose its legal nonconforming status upon any of the following occurrences: 1. The nonconforming sign is structurally altered, enlarged, relocated, or

replaced. 2. The nonconforming sign is determined by the Administrator to be in a

dangerous or defective condition; to fail to conform to health and fire codes; a public nuisance; or abandoned, deteriorated; or in need of repair or replacement.

3. The nonconforming sign face and/or sign structure is destroyed or damaged in excess of sixty percent (60%) of the combined replacement value of the sign and sign structure

(b) Nothing in this section shall prevent the ordinary repair, maintenance, and non-structural alteration of nonconforming signs. Changing a sign face shall not be considered an alteration if there is no increase in height or sign area.

1341.10 SIGNS PERMITTED IN RESIDENTIAL DISTRICTS. (S-1, R-1, R1-60, R-2, and B-1) In all residential districts, signs shall conform to the following:

(a) Dwelling units. (1) Dwelling units that are permitted in an Overlay District shall be deemed

to be in a residential district regardless of the underlying zoning district. (2) One permanent sign shall be permitted for each dwelling unit.

A. Each single family or duplex dwelling unit may display either a permanent freestanding or wall sign not more than four square feet in area.

B. Each multi-family dwelling unit may display a permanent wall sign not more than four square feet in area.

(3) Two incidental signs may be posted at each dwelling unit.

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(b) Residential Developments. Each residential development shall be permitted one freestanding sign, eight square feet or less in area, located near the entrance to the development.

(c) Building Signs. In multi-family developments, each building shall be permitted one wall, awning, canopy or freestanding sign eight square feet or less in area.

(d) Nonresidential Main Uses. One wall or freestanding sign (16) square feet in area or less may be permitted on the premises of a permitted nonresidential main use located in a residential district. Up to 40% of each sign face may include manual changeable copy.

(e) One temporary freestanding sign may be posted on property during active construction authorized by a Building Permit. Such signs shall not exceed 12 square feet in area.

(f) Freestanding Signs. Freestanding signs shall be four feet or less in height and shall be set back five feet from any street right of way and ten feet from an interior lot line. The base of all freestanding signs shall be effectively landscaped with living plant material and maintained in good condition at all times. Exposed foundations must be constructed with a finished material such as brick, stone, or wood, or be screened with evergreens to the top of the anchor bolts.

(g) Illumination. Permanent signs that are not incidental signs may be illuminated through an external light source.

(h) Temporary Signs allowed without a permit. (1) One temporary sign may be posted on property that is actively marketed

for sale or lease. Such signs shall not exceed six square feet in area. (2) Temporary noncommercial signage may be posted on any parcel provided

that not more than four (4) such signs 24 square feet or less in total area may be posted at any one time; provided however, that no such temporary signs shall be permitted on lots that display a changeable copy sign.

(3) Temporary signs shall be four feet or less in height and shall be set back ten feet from any street right of way and ten feet from an interior lot line.

1341.11 SIGNS PERMITTED IN NON- RESIDENTIAL DISTRICTS. (B-1, B-2, B-3, DD, M-1, M-2)

(a) Wall Signs. (4) One permanent wall sign is permitted on the premises not to exceed two

square feet of sign area for each lineal foot of primary building frontage and shall not exceed 200 square feet in total area.

(5) For buildings with a secondary building frontage a portion of the permitted sign area for a permanent wall sign may be reallocated to a second sign displayed on the secondary building frontage.

(6) A wall sign shall project no more than nine (9) inches from the surface or wall to which it is attached.

(7) Where permitted, a portion of the allowable sign area for a permanent wall sign may be reallocated to a projecting, awning, canopy, or window sign in compliance with this Chapter.

(b) Free-Standing Signs. (1) In addition to a wall sign, one free-standing sign not exceeding fifty

square feet per face and limited to 100 square feet per sign shall be allowed for any one lot with a main building. Up to 40% of each sign face may include manual changeable copy.

(2) Such sign shall not exceed eight feet in height above established grade. (3) Buildings located on lots with two or more street frontages shall be

permitted to erect two free-standing signs subject to size and location requirements as set forth herein. Such signs shall not be located on the same frontage.

(4) One temporary freestanding sign may be posted on property during active construction authorized by a Building Permit. Such signs shall not exceed 16 square feet in area.

(5) In lieu of a temporary wall sign, one temporary free-standing sign may be posted on any parcel for thirty (30) days within any ninety (90) day period provided such sign shall not exceed 12 square feet or less in total area

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provided however, that no such temporary sign shall be permitted on lots that display a changeable copy sign or EMC.

(6) Freestanding signs shall be set back a minimum of five (5) feet from any street right of way or interior lot line; provided, however, that such signs shall be set back a minimum of ten (10) feet from any residential lot line.

(7) The base of all freestanding signs, shall be effectively landscaped with living plant material and maintained in good condition at all times. Exposed foundations must be constructed with a finished material such as brick, stone, or wood, or be screened with evergreens to the top of the anchor bolts.

(8) The applicant shall determine the allocation of allowed sign area among multiple tenants.

(c) Electronic Message Center (EMC) Signs. (1) In the B-2 Zoning District, one electronic message center sign may be

incorporated into a permitted free-standing ground sign provided it does not exceed 40% of the allowable sign area for each face.

(2) Any EMC sign must meet all of the requirements of this sign code. (3) No other signs with changeable copy shall be permitted on lots that

display an EMC sign. (4) The separation between EMC signs shall be a minimum of 70 feet. (5) EMC signs shall be located a minimum of 30 feet from any intersection of

public streets and located on the property so as to not restrict line of sight visibility for pedestrian traffic and any vehicular traffic for ingress from or egress to a public street.

(6) EMC signs shall hold their message a minimum of 15 seconds per screen. (7) Each message shall be limited to two lines of text per screen and two

screens of text total. Letter and/or character copy shall not exceed a maximum of 18 inches in height.

(8) No flashing light(s) or "spell-on" scrolling, streaming, or crawling display modes shall be allowed on any EMC sign.

(9) Operation of an EMC sign shall be consistent with the hours of operation of the business on which the EMC sign is to be located, except that no EMC sign shall be operational between the hours of 11:00 p.m. and 6:00 a.m.

(10) All EMC signs shall be anti-glare and all EMC signs shall be equipped with an automatic dimmer device.

(11) As measured from the affected property lines on which the EMC sign is located, the maximum light emanation from an EMC sign shall not be greater than .2 foot- candles.

(12) No EMC sign shall utilize colored or neon lights that can be used in a location or manner in which they might be confused with traffic control devices or vehicular traffic.

(13) An EMC sign shall not face any residentially zoned property (S-1, R-1, R1-60, R-2), nor shall any EMC sign face any historic district.

(14) All electric equipment used to operate or install an EMC sign must be UL listed.

(15) All electrical power to any EMC sign shall be supplied via underground carrier inside approved conduit, and must be installed to the City of Painesville's electrical requirements,

(16) Any malfunctioning EMC sign shall be turned off, or display a blank screen, until repaired.

(17) All EMC signs shall be kept in good operating condition and maintained with good external appearance.

(18) If any nonconforming, existing EMC sign is damaged so that repair costs amount to 50% or more of the replacement cost of the EMC sign, the EMC sign may be repaired only if it is brought into conformance with this section.

(d) Projecting Signs. (1) A portion of the allowable sign area for a wall sign may be reallocated to

one projecting sign per main building. (2) Projecting signs shall not exceed 12 square feet per face and are limited

to 24 square feet per sign. The maximum dimension shall be four feet. (3) The lowest point of a projecting sign shall be at least eight feet above a

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sidewalk or other walkway and at least 15 feet above a driveway. (4) In no case shall a projecting sign extend closer than two feet to the curb

line of any street. (e) Awning and Canopy Signs.

(1) A portion of the allowable sign area for a wall sign may be reallocated to the surface of an awning or canopy.

(2) The total area of sign copy shall not exceed 25% of the total area of the awning or canopy that is parallel, or within 30 degrees of being parallel of the wall of the main building.

(f) Window Signs. (1) A portion of the allowable sign area for a wall sign may be reallocated to

display no more than two permanent window signs. (2) The glass area of a door shall be treated as a window for the purposes of

this section, (3) The total area of all permanent window signs shall not exceed 25% of the

total area of windows or doors of the ground floor of the primary building frontage.

(g) Temporary Signs allowed without a permit. (1) One temporary sign may be posted on property that is actively marketed

for sale or lease. Such signs shall not exceed 12 square feet in area. (2) Temporary window signs may be displayed in or attached to the inside of

display or show windows, provided the total sign area does not exceed twenty-five percent (25%) of the total display or show window area.

(3) Temporary signs shall be six feet or less in height and shall be set back a minimum of five (5) feet from any street right of way or interior lot line; provided, however, that such signs shall be set back a minimum of ten (10) feet from any residential lot line.

1341.12 COMPREHENSIVE SIGN PLANS.

(a) Applicability. (1) The Planning Commission may approve a Comprehensive Sign Plan as a

Conditional Use to establish sign regulations separate from the provisions of this Chapter for a designated area of the City. Such designated areas shall be contiguous and possess certain unique characteristics, as determined by the Planning Commission, to warrant sign regulations which differ from one or more of the provisions of this Chapter.

(2) Comprehensive Sign Plans may be used for multiple signs for either a single building or a group of related buildings to ensure that the all signage is displayed in a coordinated fashion.

(3) A Comprehensive Sign Plan shall be observed by the persons affected in lieu of compliance with the affected provisions of this chapter. However, those provisions of this chapter which are not affected by such Comprehensive Sign Plan shall continue to apply in the designated area.

(4) Nothing in this section or elsewhere in this chapter shall prevent a Comprehensive Sign Plan from establishing regulations which are more stringent than those set forth in this chapter.

(b) Purpose. (1) The purpose of a Comprehensive Sign Plan is to allow development

projects in a designated area to integrate the design of signs with the design of the structures to form a unified architectural statement.

(2) A Comprehensive Sign Plan is not intended to simply permit larger or more visible signs or additional signs than may be permitted, without any consideration for unique design and display that will achieve, not circumvent the intent of this Chapter.

(c) Application Requirements. (1) An application for a Comprehensive Sign Plan shall include all information

and materials required for Conditional Use Permits set forth in Chapter 1143, as well as the payment of applicable fees. The following additional information shall also be submitted

(2) The applicant shall submit a statement indicating the manner in which the property owner will enforce compliance with the approved Comprehensive Sign Plan by both the owner and the tenants on the site.

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(3) The applicant shall acknowledge that a copy of the Comprehensive Sign Plan approval will be provided by the property owner or manager to each existing tenant and any new tenants.

(4) The applicant shall acknowledge that the property owner / property manager is responsible for allocating sign area among tenants in a multi-tenant building or development.

(d) Standards. (1) The Planning Commission may allow signage which otherwise exceeds the

number, type, size and placement as otherwise permitted in this Chapter when it determines that such additional signage is warranted due to the size, nature, number of tenants or other features of the site as they may exist.

(2) The signs shall enhance the overall development, be in harmony with, and relate visually to other signs included in the comprehensive sign plan, to the structures and/or developments they identify, and to surrounding development;

(e) Modifications. (1) The Administrator may approve the substitution of sign panels provided

the panels are the same size as those being replaced and meet the all other requirements of the Comprehensive Sign Plan.

(2) If additional signage is proposed or if any aspect of the original Comprehensive Sign Plan is modified with the exception of sign panels, approval from the Planning Commission is required to modify the Conditional Use Permit.

1341.13 POSTING OF GASOLINE PRICES.

(a) Sign Visibility. No person, firm, or corporation shall sell or offer to sell gasoline in the City unless the price thereof is posted on a sign clearly visible from the street. The placement of such sign shall not be deemed a violation of other sections of this Code relating to regulation of signs.

(b) Figure Dimensions. The figures indicating the price shall be not less than six inches or more than twelve inches in height. Two signs shall be required on gasoline stations facing on two streets unless one sign can be so located as to be clearly visible from both streets.

(c) If gasoline is offered for sale at differing prices, the sign shall show the cost of regular gasoline, nonpremium unleaded gasoline and premium unleaded gasoline.

(d) Pump islands shall be identified as either "full serve" or "self-serve". The placement of such signs shall not be deemed a violation of other sections of this Code relating to regulation of signs.

SECTION II. That this ordinance is passed as an emergency measure for the protection and preservation of the peace, health, safety and general welfare of the inhabitants of the City of Painesville, the emergency being the necessity to adopt additional regulations to help insure compliance with the City’s Building and Zoning Codes, and therefore this Ordinance shall become effective immediately upon its passage. PASSED:

PAUL W. HACH, II President of Council

ATTEST: VALERIE VARGO Clerk of Council

ORDINANCE NO.

AN ORDINANCE AMENDING SECTION 1135.02 “SIGNS” OF THE PAINESVILLE CODE OF 1998, and DECLARING AN EMERGENCY.

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PAINESVILLE, LAKE COUNTY,

OHIO:

SECTION I. That Section 1135.02 of the Painesville Code of 1998 is hereby amended to read as follows:

1135.02 SIGNS.

A sign may be erected, placed established, painted, created, or maintained in the City only in conformance with the standards, procedures, exemptions and other requirements established in this ordinance and in Chapter 1341 of the Codified Ordinances of the City of Painesville which shall be part of this ordinance by reference. (a) Purpose. The purpose of this section is to promote communication and the identification of homes and businesses through attractive and well maintained signage; to maintain and enhance the aesthetic environment and the city's ability to attract sources of economic development and growth; and to minimize the adverse affects of signs on nearby public and private property. This section establishes reasonable guidelines for the number, dimensions, and locations of signs with the intent of preserving the character and quality of the districts of the City of Painesville. (b) Applicability and Permits. (1) A sign may be erected, placed established, painted, created, or maintained in the City only in conformance with the standards, procedures, exemptions and other requirements established in this ordinance and in Chapter 1341 SIGNS of the Codified Ordinances of the City of Painesville which shall be part of this ordinance by reference. Signs shall be permitted on the same lot as the business or operation they identify. Offsite signs shall not be permitted. (2) A sign permit issued by the Administrator shall be required prior to the erection display, relocation, or alteration of any sign except as otherwise provided in this section. When any sign is erected, displayed, relocated, or altered prior to obtaining a permit the required fees shall be doubled, but the payment of such double fee shall not relieve any person from complying with other provisions of this code or from other penalties prescribed by law. (3) A fee as established shall be charged for each permit issued, as noted in this chapter.

(c) Residential District Signage. Signage in all residential districts shall conform to the following area, height, and locational requirements:

Type of Sign Maximum Area

Setback From All Property Lines Height Fees

Freestanding Sign Professional sign 4 sq. ft. 5 feet 5 feet No permit required For sale, lease or rent 6 sq. ft. 5 feet 3 feet No permit required

Development for sale signs 24 sq. ft. 5 feet 6 feet Permit required $50.00

Residential identification or small announcement sign 4 sq. ft. 5 feet 3 feet Permit required

$10.00 Subdivision or multi-family residence identification 8 sq. ft. 5 feet 3 feet Permit required

$40.00 Non-residential institutional and nonconforming uses 16 sq. ft. 12 feet 6 feet Permit required

$40.00 Wall Signs Non-residential institutional and nonconforming uses 20 sq. ft. N/A N/A

Must be located on the front wall $50.00

SECTION II. That this ordinance is passed as an emergency measure for the protection and preservation of the peace, health, safety and general welfare of the inhabitants of the City of Painesville, the emergency being the necessity to adopt additional regulations to help insure compliance with the City’s Building and Zoning Codes, and therefore this Ordinance shall become effective immediately upon its passage. PASSED:

PAUL W. HACH, II President of Council

ATTEST: VALERIE VARGO Clerk of Council

RESOLUTION NO.

RESOLUTION AUTHORIZING THE CITY OF PAINESVILLE, OHIO, TO PROCEED WITH THE DEMOLITION OF AN UNSAFE STRUCTURE LOCATED AT 283 WEST JACKSON STREET, IN THE CITY OF PAINESVILLE, LAKE COUNTY, OHIO, AND TO REQUEST THE ASSISTANCE AND COOPERATION OF THE LAKE COUNTY LAND REUTILIZATION CORPORATION IN EFFECTING THE SAME, AND DECLARING AN EMERGENCY.

WHEREAS, the City of Painesville has the legal authority pursuant to State and Local Ordinances to arrange for the demolition of unsafe structures; and WHEREAS, the structure located at 283 West Jackson Street, City of Painesville, in Lake County, Ohio, Permanent Parcel Number #15C0170000070, is owned by Christopher R. and Ruthann P. Stowe, and it has been found to be in an unsafe condition, and it is determined by City Council that this structure needs to be demolished, authorizing the same to be demolished; NOW, THEREFORE, BE IT IS RESOLVED BY THE COUNCIL OF PAINESVILLE, OHIO, LAKE COUNTY, STATE OF OHIO: Section 1. Council does hereby find and determine that the structure existing at 283 West Jackson Street in Painesville, Lake County, Ohio is in an unsafe condition and should be demolished; and that the Administration is hereby authorized to carry out such actions as may be necessary to accomplish the same according to the law. Section 2. That this Council hereby requests the Lake County Land Reutilization Corporation to assist and cooperate with the City Administration to accomplish the demolition of said structure; and specifically, this Council requests the Lake County Land Reutilization Corporation to exercise its authority to demolish the structure for the expense thereof, and this Council authorizes the Lake County Land Reutilization Corporation to enter into such contracts, execute such documents, and do all things as may be necessary to accomplish the same. Section 3. That the formal actions of this Council concerning the passage of this Resolution were adopted in an open meeting, and all deliberations of this Council, or any Committees, which resulted in such formal action, were in meetings open to the public, in compliance with all legal requirements, including Section 121.22, of the Ohio Revised Code. Section 4. That this Resolution is hereby declared to be an emergency measure for the immediate preservation of the public peace, health and/or safety and for the welfare of the citizens of the City of Painesville and for further reason find that it is necessary that this measure becomes effective immediately in order to allow the Lake County Land Reutilization Corporation to demolish the properties while funding is still available; and, therefore, this Resolution shall be in full force and effect immediately upon passage by the City Council. PASSED: ___________________________________ PAUL W. HACH II PRESIDENT OF COUNCIL ATTEST: _______________________________ VALERIE VARGO CLERK OF COUNCIL

RESOLUTION NO.

RESOLUTION AUTHORIZING THE CITY OF PAINESVILLE, OHIO, TO PROCEED WITH THE DEMOLITION OF AN UNSAFE STRUCTURE LOCATED AT 639 ARGONNE DRIVE, IN THE CITY OF PAINESVILLE, LAKE COUNTY, OHIO, AND TO REQUEST THE ASSISTANCE AND COOPERATION OF THE LAKE COUNTY LAND REUTILIZATION CORPORATION IN EFFECTING THE SAME, AND DECLARING AN EMERGENCY.

WHEREAS, the City of Painesville has the legal authority pursuant to State and Local Ordinances to arrange for the demolition of unsafe structures; and WHEREAS, the structure located at 639 Argonne Drive, City of Painesville, in Lake County, Ohio, Permanent Parcel Number #15A020A000150, is owned by Robert and Joanne E. Welk, and it has been found to be in an unsafe condition, and it is determined by City Council that this structure needs to be demolished, authorizing the same to be demolished; NOW, THEREFORE, BE IT IS RESOLVED BY THE COUNCIL OF PAINESVILLE, OHIO, LAKE COUNTY, STATE OF OHIO: Section 1. Council does hereby find and determine that the structure existing at 639 Argonne Drive in Painesville, Lake County, Ohio is in an unsafe condition and should be demolished; and that the Administration is hereby authorized to carry out such actions as may be necessary to accomplish the same according to the law. Section 2. That this Council hereby requests the Lake County Land Reutilization Corporation to assist and cooperate with the City Administration to accomplish the demolition of said structure; and specifically, this Council requests the Lake County Land Reutilization Corporation to exercise its authority to demolish the structure for the expense thereof, and this Council authorizes the Lake County Land Reutilization Corporation to enter into such contracts, execute such documents, and do all things as may be necessary to accomplish the same. Section 3. That the formal actions of this Council concerning the passage of this Resolution were adopted in an open meeting, and all deliberations of this Council, or any Committees, which resulted in such formal action, were in meetings open to the public, in compliance with all legal requirements, including Section 121.22, of the Ohio Revised Code. Section 4. That this Resolution is hereby declared to be an emergency measure for the immediate preservation of the public peace, health and/or safety and for the welfare of the citizens of the City of Painesville and for further reason find that it is necessary that this measure becomes effective immediately in order to allow the Lake County Land Reutilization Corporation to demolish the properties while funding is still available; and, therefore, this Resolution shall be in full force and effect immediately upon passage by the City Council. PASSED: ___________________________________ PAUL W. HACH II PRESIDENT OF COUNCIL ATTEST: _______________________________ VALERIE VARGO CLERK OF COUNCIL

RESOLUTION NO.

RESOLUTION AUTHORIZING THE CITY OF PAINESVILLE, OHIO, TO PROCEED WITH THE DEMOLITION OF AN UNSAFE STRUCTURE LOCATED AT 330 EAST MAIN STREET, IN THE CITY OF PAINESVILLE, LAKE COUNTY, OHIO, AND TO REQUEST THE ASSISTANCE AND COOPERATION OF THE LAKE COUNTY LAND REUTILIZATION CORPORATION IN EFFECTING THE SAME, AND DECLARING AN EMERGENCY.

WHEREAS, the City of Painesville has the legal authority pursuant to State and Local Ordinances to arrange for the demolition of unsafe structures; and WHEREAS, the structure located at 330 East Main Street, City of Painesville, in Lake County, Ohio, Permanent Parcel Number #15B018A000030, is owned by Thomas A. Pensyl, and it has been found to be in an unsafe condition, and it is determined by City Council that this structure needs to be demolished, authorizing the same to be demolished; NOW, THEREFORE, BE IT IS RESOLVED BY THE COUNCIL OF PAINESVILLE, OHIO, LAKE COUNTY, STATE OF OHIO: Section 1. Council does hereby find and determine that the structure existing at 330 East Main Street in Painesville, Lake County, Ohio is in an unsafe condition and should be demolished; and that the Administration is hereby authorized to carry out such actions as may be necessary to accomplish the same according to the law. Section 2. That this Council hereby requests the Lake County Land Reutilization Corporation to assist and cooperate with the City Administration to accomplish the demolition of said structure; and specifically, this Council requests the Lake County Land Reutilization Corporation to exercise its authority to demolish the structure for the expense thereof, and this Council authorizes the Lake County Land Reutilization Corporation to enter into such contracts, execute such documents, and do all things as may be necessary to accomplish the same. Section 3. That the formal actions of this Council concerning the passage of this Resolution were adopted in an open meeting, and all deliberations of this Council, or any Committees, which resulted in such formal action, were in meetings open to the public, in compliance with all legal requirements, including Section 121.22, of the Ohio Revised Code. Section 4. That this Resolution is hereby declared to be an emergency measure for the immediate preservation of the public peace, health and/or safety and for the welfare of the citizens of the City of Painesville and for further reason find that it is necessary that this measure becomes effective immediately in order to allow the Lake County Land Reutilization Corporation to demolish the properties while funding is still available; and, therefore, this Resolution shall be in full force and effect immediately upon passage by the City Council. PASSED: ___________________________________ PAUL W. HACH II PRESIDENT OF COUNCIL ATTEST: _______________________________ VALERIE VARGO CLERK OF COUNCIL

RESOLUTION NO.

RESOLUTION AUTHORIZING THE CITY OF PAINESVILLE, OHIO, TO PROCEED WITH THE DEMOLITION OF AN UNSAFE STRUCTURE LOCATED AT 318 NORTH ST. CLAIR STREET, IN THE CITY OF PAINESVILLE, LAKE COUNTY, OHIO, AND TO REQUEST THE ASSISTANCE AND COOPERATION OF THE LAKE COUNTY LAND REUTILIZATION CORPORATION IN EFFECTING THE SAME, AND DECLARING AN EMERGENCY.

WHEREAS, the City of Painesville has the legal authority pursuant to State and Local Ordinances to arrange for the demolition of unsafe structures; and WHEREAS, the structure located at 318 North St. Clair Street, City of Painesville, in Lake County, Ohio, Permanent Parcel Number #15A0130000150, is owned by Profeta Enterprises, Inc., and it has been found to be in an unsafe condition, and it is determined by City Council that this structure needs to be demolished, authorizing the same to be demolished; NOW, THEREFORE, BE IT IS RESOLVED BY THE COUNCIL OF PAINESVILLE, OHIO, LAKE COUNTY, STATE OF OHIO: Section 1. Council does hereby find and determine that the structure existing at 318 North St Clair Street in Painesville, Lake County, Ohio is in an unsafe condition and should be demolished; and that the Administration is hereby authorized to carry out such actions as may be necessary to accomplish the same according to the law. Section 2. That this Council hereby requests the Lake County Land Reutilization Corporation to assist and cooperate with the City Administration to accomplish the demolition of said structure; and specifically, this Council requests the Lake County Land Reutilization Corporation to exercise its authority to demolish the structure for the expense thereof, and this Council authorizes the Lake County Land Reutilization Corporation to enter into such contracts, execute such documents, and do all things as may be necessary to accomplish the same. Section 3. That the formal actions of this Council concerning the passage of this Resolution were adopted in an open meeting, and all deliberations of this Council, or any Committees, which resulted in such formal action, were in meetings open to the public, in compliance with all legal requirements, including Section 121.22, of the Ohio Revised Code. Section 4. That this Resolution is hereby declared to be an emergency measure for the immediate preservation of the public peace, health and/or safety and for the welfare of the citizens of the City of Painesville and for further reason find that it is necessary that this measure becomes effective immediately in order to allow the Lake County Land Reutilization Corporation to demolish the properties while funding is still available; and, therefore, this Resolution shall be in full force and effect immediately upon passage by the City Council. PASSED: ___________________________________ PAUL W. HACH II PRESIDENT OF COUNCIL ATTEST: _______________________________ VALERIE VARGO CLERK OF COUNCIL

RESOLUTION NO.

RESOLUTION AUTHORIZING THE CITY OF PAINESVILLE, OHIO, TO PROCEED WITH THE DEMOLITION OF AN UNSAFE STRUCTURE LOCATED AT 32 FREDERIC STREET, IN THE CITY OF PAINESVILLE, LAKE COUNTY, OHIO, AND TO REQUEST THE ASSISTANCE AND COOPERATION OF THE LAKE COUNTY LAND REUTILIZATION CORPORATION IN EFFECTING THE SAME, AND DECLARING AN EMERGENCY.

WHEREAS, the City of Painesville has the legal authority pursuant to State and Local Ordinances to arrange for the demolition of unsafe structures; and WHEREAS, the structure located at 32 Frederic Street, City of Painesville, in Lake County, Ohio, Permanent Parcel Number #15C011A000040, is owned by Complete Home Remodeling, LLC, and it has been found to be in an unsafe condition, and it is determined by City Council that this structure needs to be demolished, authorizing the same to be demolished; NOW, THEREFORE, BE IT IS RESOLVED BY THE COUNCIL OF PAINESVILLE, OHIO, LAKE COUNTY, STATE OF OHIO: Section 1. Council does hereby find and determine that the structure existing at 32 Frederic Street in Painesville, Lake County, Ohio is in an unsafe condition and should be demolished; and that the Administration is hereby authorized to carry out such actions as may be necessary to accomplish the same according to the law. Section 2. That this Council hereby requests the Lake County Land Reutilization Corporation to assist and cooperate with the City Administration to accomplish the demolition of said structure; and specifically, this Council requests the Lake County Land Reutilization Corporation to exercise its authority to demolish the structure for the expense thereof, and this Council authorizes the Lake County Land Reutilization Corporation to enter into such contracts, execute such documents, and do all things as may be necessary to accomplish the same. Section 3. That the formal actions of this Council concerning the passage of this Resolution were adopted in an open meeting, and all deliberations of this Council, or any Committees, which resulted in such formal action, were in meetings open to the public, in compliance with all legal requirements, including Section 121.22, of the Ohio Revised Code. Section 4. That this Resolution is hereby declared to be an emergency measure for the immediate preservation of the public peace, health and/or safety and for the welfare of the citizens of the City of Painesville and for further reason find that it is necessary that this measure becomes effective immediately in order to allow the Lake County Land Reutilization Corporation to demolish the properties while funding is still available; and, therefore, this Resolution shall be in full force and effect immediately upon passage by the City Council. PASSED: ___________________________________ PAUL W. HACH II PRESIDENT OF COUNCIL ATTEST: _______________________________ VALERIE VARGO CLERK OF COUNCIL

RESOLUTION NO.

RESOLUTION AUTHORIZING THE CITY OF PAINESVILLE, OHIO, TO PROCEED WITH THE DEMOLITION OF AN UNSAFE STRUCTURE LOCATED AT 502 FAIRLAWN AVENUE, IN THE CITY OF PAINESVILLE, LAKE COUNTY, OHIO, AND TO REQUEST THE ASSISTANCE AND COOPERATION OF THE LAKE COUNTY LAND REUTILIZATION CORPORATION IN EFFECTING THE SAME, AND DECLARING AN EMERGENCY.

WHEREAS, the City of Painesville has the legal authority pursuant to State and Local Ordinances to arrange for the demolition of unsafe structures; and WHEREAS, the structure located at 502 Fairlawn Avenue, City of Painesville, in Lake County, Ohio, Permanent Parcel Number #15D016A000500, is owned by Patricia J. and Mia McIntyre, and it has been found to be in an unsafe condition, and it is determined by City Council that this structure needs to be demolished, authorizing the same to be demolished; NOW, THEREFORE, BE IT IS RESOLVED BY THE COUNCIL OF PAINESVILLE, OHIO, LAKE COUNTY, STATE OF OHIO: Section 1. Council does hereby find and determine that the structure existing at 502 Fairlawn Avenue (Parcel #15Do16A000500) in Painesville, Lake County, Ohio is in an unsafe condition and should be demolished; and that the Administration is hereby authorized to carry out such actions as may be necessary to accomplish the same according to the law. Section 2. That this Council hereby requests the Lake County Land Reutilization Corporation to assist and cooperate with the City Administration to accomplish the demolition of said structure; and specifically, this Council requests the Lake County Land Reutilization Corporation to exercise its authority to demolish the structure for the expense thereof, and this Council authorizes the Lake County Land Reutilization Corporation to enter into such contracts, execute such documents, and do all things as may be necessary to accomplish the same. Section 3. That the formal actions of this Council concerning the passage of this Resolution were adopted in an open meeting, and all deliberations of this Council, or any Committees, which resulted in such formal action, were in meetings open to the public, in compliance with all legal requirements, including Section 121.22, of the Ohio Revised Code. Section 4. That this Resolution is hereby declared to be an emergency measure for the immediate preservation of the public peace, health and/or safety and for the welfare of the citizens of the City of Painesville and for further reason find that it is necessary that this measure becomes effective immediately in order to allow the Lake County Land Reutilization Corporation to demolish the properties while funding is still available; and, therefore, this Resolution shall be in full force and effect immediately upon passage by the City Council. PASSED: ___________________________________ PAUL W. HACH II PRESIDENT OF COUNCIL ATTEST: _______________________________ VALERIE VARGO CLERK OF COUNCIL