Loading...
HomeMy WebLinkAbout2982 Amending AMC 18.96 Sign Code ORDINANCE NO. 1 ka AN ORDINANCE AMENDING THE ASHLAND LAND USE ORDINANCE SIGN REGULATIONS CHAPTER (AMC 18.96) CONCERNING RECOMMENDATIONS FOR ADDITIONAL SIGNAGE BY THE 2008 DOWNTOWN TASK FORCE Annotated to show dcletionc, and additions to the code sections being modified. Deletions are bold and additions are in bold underline. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon Cities. City of Beaverton v. International Ass'n of Firefighters, Local 1660, Beaverton Shop 20 Or. App. 293; 531 P 2d 730, 734 (1975); and WHEREAS the Mayor of the City of Ashland formed a Downtown Task Force to make recommendations to the Ashland Planning Commission and Ashland City Council concerning inter alia the appropriate amount of signage in the commercial downtown overlay district, and other areas; and WHEREAS, the City of Ashland Planning Commission considered the above-referenced recommended amendments to the Ashland Municipal Code at a duly advertised public hearing on February 10, 2009 and following deliberations recommended approval of the amendments, with modifications, to the City Council on February 24, 2009; and WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing on the above-referenced amendments on April 7, 2009; and WHEREAS, the City Council of the City of Ashland has determined that in order to protect and benefit the health, safety and welfare of existing and future residents of the City, it is necessary to amend the Ashland Land Use Ordinance in manner proposed, that an adequate factual base exists for the amendments, the amendments are consistent with the comprehensive plan and that such amendments are fully supported by the record of this proceeding. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The above recitations are true and correct and are incorporated herein by this reference. SECTION 2. Chapter 18.96.020 of the Ashland Municipal Code [SIGN REGULATIONS: Definitions Related to Signs] is hereby amended to read as follows: SECTION 18.96.020 Definitions Relating to Signs. 1. Alteration Any change excluding content, and including but not limited to the size, shape, method of illumination, position, location, materials, construction, or supporting structure of a sign. 2. Area The entire area within circles, triangles or rectangles which enclose the extreme limits of lettering, logo, trademark, or other graphic representation, together with any frame or structural trim forming an integral part of the display used to differentiate the skin from the background against which it is placed. In the case of a multi-faced sign, the area of each face shall be included in determining sign area, excepting double-faced signs placed no more than 24 inches back-to-back. 3. Awning A temporary or movable shelter supported entirely from the exterior wall of a building and composed of non-rigid materials except for the supporting framework. 4. Building Face of Wall All window and wall area of a building in one plane or elevation. 5. Bulletin Board or Reader Board A sign of a permanent nature, but which accommodates changeable copy. 6. Business A commercial or industrial enterprise. 7. Business Frontage A lineal front footage of a building or portion thereof devoted to a specific business or enterprise, and having an a pedestrian entrance/exit open to the general public during all business hours . 8. Business Premises A parcel of property or that portion thereof occupied by one tenant. 9. Canopy A non-movable roof-like structure attached to a building. 10. Construction sign A temporary sign erected on the premises where construction is taking place during the period of construction. 4-0.11. Direct Illumination A source of illumination on the surface of a sign or from within a sign. 1-1A 2.Election The time designated by law for voter to cast ballots for candidates and measures. 1-2-:13. Flashing Sign Sign Code Amendments April21, 2009 Page 2 of 15 A sign incorporating intermittent electrical impulses to a source of illumination or revolving or moving in a manner which creates the illusion of flashing, or which changes color or intensity of illumination. This definition is to include electronic time, date and temperature signs. entage 14. Ground Sign A sign erected on a free-standing frame, mast or pole and not attached to any building. Also known as a "free-standing sign". 15. Indirect Illumination A source of illumination directed toward a sign so that the beam of light falls upon the exterior surface of the sign. 16. Illegal Sign A sign which is erected in violation of the Ashland Sign Code (18.96). 17. Marquee Sign A sign which is painted on, attached to, or supported by a marquee, awning or canopy. 18. Marquee A non-movable roof-like structure which is self-draining. 19. Non-conforming Sign An existing sign, lawful at the time of enactment of this Ordinance, which does not conform to the requirements of this Code. 20. Projecting Signs Signs other than wall signs, which are attached to and project from a structure or building face, usually perpendicular to the building face. 21. Portable Sign A permitted sign not permanently attached to the ground or other permanent structure including sandwich boards, pedestal signs, 'A' Frame signs, flags, and wind signs (not including flags of national, state or city governments). 22. Public Art Public Art defined, approved, and installed in accordance with section 2.17 of the Ashland Municipal Code shall not be regulated as a sign per the provisions of this Chapter. 23. Real Estate Sign A sign erected on the premises, where the property, or a portion of the property, is actively listed for sale or lease, during the period of sale or lease. 24. Replacement Sign A change in the materials of permitted sign in which the approved sign dimensions, supporting structure, and location remain unaltered. 25. Roof Sign Any sign erected upon, against, or directly above a roof or top of or above the parapet of a building. 22,26. Shopping Center or Business Complex Any business or group of businesses which are in a building or group of buildings, on one or more lots which are contiguous or which are separated by a public right- Sign Code Amendments April 21, 2009 Page 3 of 15 of-way or a privately owned flag drive used for access and not greater than 35 feet in width, which are constructed and/or managed as a single entity, and share ownership and/or function. 2â. 27.Sign Any identification, description, illustration, symbol or device which is placed or affixed directly or indirectly upon a building, structure, or land, Interior illuminated panels, fascia strips, bands, columns, or other interior illuminated decorative features located on or off a structure, visible from the public right-of-way, and with or without lettering or graphics shall also be considered a sign and included in the overall sign area of the site. Public Art shall not be considered a sign. 24.28. Sign, Public A sign erected by a public officer or employee in the performance of a public duty which shall include, but not be limited to, motorist informational signs and warning lights. 229. Street Frontage The lineal dimension in feet that the property upon which a structure is built abuts a public street or streets. 26.30. Temporary Sign A sign which is not permanently affixed. All devices such as banners, pennants, flags, (not including flags of national, state or city governments), searchlights; ' - . - . : , ' - . - - , curb signs, balloons or other air or gas-filled balloons. 31. Three-Dimensional Sign A sign which has a depth or relief on its surface greater than six inches exclusive of the supporting sign structure and not to include projecting wall signs. 32. Vehicle Sign A sign mounted on a vehicle, bicycle, trailer or boat, or fixed or attached to a device for the purpose of transporting from site-to-site. 27.33. Wall Graphics Including but not limited to any mosaic, mural or painting or graphic art technique or combination or grouping of mosaics, murals, or paintings or graphic art techniques applied, implanted or placed directly onto a wall or fence. 28w34. Wall Sign A sign attached to or erected against the wall of a building with the face in a parallel plane of the building wall. 235. Wind Sign or Device Any sign or device in the nature of banners, flags, balloons, or other objects fastened in such a manner as to move upon being subject to pressures by wind or breeze. SECTION 3. Chapter 18.96.030 of the Ashland Municipal Code [SIGN REGULATIONS: Exempted Signs]- is hereby amended to read as follows: SECTION 18.96.030 Exempted Signs. Sign Code Amendments April 21, 2009 Page 4 of 15 The following signs and devices shall not be subject to the provisions of this chapter except for 18.96.040 and18.96.140 A. Informational signs placed by the City of Ashland, or by the State or Oregon in the publicly owned right-of-way. Collective identification or directory signs placed by the City of Ashland showing the types and locations of various civic, business, recreation, historic interest areas, or other similar uses, when such signs are located on publican), owned right-of-way or on City of Ashland property. B. Memorial tablets, cornerstones, or similar plaques not exceeding six square feet in size. C. Flags of national, state or local governments. D. Signs within a building provided they are not visible to persons outside the building. E. Temporary signs not exceeding four square feet, provided the signs are erected no more than 45 days prior to and removed within seven days following an election. (Ord 2844; 51 1999) F. Temporary, non-illuminated real estate (not more than one peiTxlet) or construstion-signs not exceeding six square feet in residential areas or twelve square feet in commercial and industrial areas, provided said signs are removed within fifteen days from the sale, lease or rental of the property or-within-seven days of completion of the project. Such signs shall be limited to one skin per lot. Freestanding temporary real estate signs shall be no greater than five feet above grade. G. Temporary non-illuminated construction signs on a lot with an aggregate area not exceeding sixteen (16) square feet in residential areas or thirty-two (32) square feet in commercial and industrial areas, provided said signs are removed within seven days of completion of the proiect. Such signs shall be limited to no more than four signs per lot. Freestanding temporary construction signs shall be no greater than five feet above grade. H. Small incidental signs provided said signs do not exceed two square feet in area per sign, not more than two in number on any parcel or two per street business frontage, whichever is greater. Within the Downtown Design Standards Zone, three incidental signs with a total area of seven square feet, provided no single incidental sign exceeds three square feet in area, are allowable per business frontage. #. I. Temporary signs painted or placed upon a window in a non-residential zone, when such signs do not obscure more than twenty percent of such window area, and are maintained for a period not exceeding seven days. Signs which remain longer than seven days will be considered permanent and must comply with the provisions of the Ashland Sign Code (18.96). J. Any sign which is not visible to motorists or pedestrians on any public highway, sidewalk, street or alley. J: K. Strings of Lights. Strings of ' lights in non-residential zones where the lights do not exceed 5 watts per bulb, • - - - - - • - - - - • - - - - - • -" apart-and do not flash or blink in any way. Strings of lights in residential zones are not regulated. Sign Code Amendments April 21, 2009 Page 5 of 15 IC L. Temporary non-illuminated signs not exceeding 16 square feet for charitable fundraising events placed by non-profit and charitable organizations. Such signs shall not be placed more than seven days prior to the event and must be removed within two days following the event. No more than two such events may be advertised in this manner per lot per year. All of the foregoing exempted signs shall be subject to the other regulations contained in this Chapter 18.96 relative to the size, lighting or spacing of such sign. SECTION 4. Chapter 18.96.040 of the Ashland Municipal Code {SIGN REGULATIONS: Prohibited Signs] is hereby amended to read as follows: SECTION 18.96.040 Prohibited Signs. A. No sign, unless exempted or allowed pursuant to this Chapter, shall be permitted except as may be provided in Section 18.96.030. B. No movable sign, temporary sign or bench sign shall be permitted except as may be provided in Section 18.96.030. C. No wind sign, device, or captive balloon shall be permitted except as may be provided in Section 18.96.030 and 18.96.080(B)6 D. No flashing signs shall be permitted. E. No sign shall have or consist of any moving, rotating, or otherwise animated part. F. No three-dimensional statue, caricature or representation of persons, animals or merchandise shall be used as a sign or incorporated into a sign structure except as may be provided in Sections 18.96.080(B)5. G. No public address system or sound devices shall be used in conjunction with any sign or advertising device. H. No roof signs or signs which project above the roof shall be permitted. I. No exposed sources of illumination shall be permitted on any sign, or for the decoration of any building, including, but not limited to, neon or fluorescent tubing and flashing incandescent bulbs, except when the source of illumination is within a building, and at least ten (10) feet from a window which allows visibility from the public right-of-way, or when a sign is internally illuminated or the source of light is fully shielded from the public view. J. No signs which use plastic as part of the exterior visual effects or are internally illuminated in the Historic District, as identified in the Ashland Comprehensive Plan, or in any residential districts shall be permitted. K. No bulletin boards or signs with changeable copy shall be permitted, except as allowed in Section 18.96.060(D). L. No wall graphics shall be permitted. M. No unofficial sign which purports to be, is an imitation of, or resembles an official traffic sign or signal, or which attempts to direct the movement of traffic, or which hides from view any official traffic sign or signal shall be permitted. N. Vehicle signs used as static displays such that the primary purpose of the vehicle is the display of the sign, placed or parked where •sible from of-- on the public right-of-way for a continuous period of 2 days or Sign Code Amendments April 21, 2009 Page 6 of 15 more. Vehicles and equipment regularly used in the conduct of the business such as delivery vehicles, construction vehicles, fleet vehicles, or similar uses, shall not be subjected to this prohibition. SECTION 5. Chapter 18.96.080 of the Ashland Municipal Code [SIGN REGULATIONS: Commercial Downtown Overlay District (C-1-D)] is hereby amended to read as follows: SECTION 18.96.080 Commercial-Downtown Overlay District (C-1-D). Signs in the Commercial-Downtown Overlay District shall conform to the following regulations: A. Special Provisions. 1. Frontage. The number and use of signs allowed by virtue of a given business frontage shall be placed only upon such business frontage. 2. Aggregate number of signs. The aggregate number of signs for each business shall be two signs for each business frontage - - - . - • - - - - - . - - ' - - - - - - - - - . moo). 3. Material. No sign in the Commercial-Downtown Overlay District shall use plastic as part of the exterior visual effects of the sign. 4. Aggregate area of signs. The aggregate area of all signs established by and located on a given street frontage shall not exceed an area equal to one square foot for each lineal foot of street frontage. Aggregate area shall not include nameplates, and real estate and construction signs. B. Types of Signs Permitted. 1. Wall Signs. a. Number. Two signs per building frontage shall be permitted for each business, or one sign per frontage for a group of businesses occupying a single common space or suite. b. Area. sixty sg uarc feet Buildings with two or fewer business frontages shall be permitted one square foot of sign area for each lineal foot of business frontage. For the third and subsequent business frontages on a single building, the business shall be permitted one square foot of sign area for every two lineal feet of business frontage. The maximum sign area on any single Sign Code Amendments April 21, 2009 Page 7 of 15 business frontage shall not exceed sixty (60)square feet. Business frontages of three or more, on a single building, shall comply with the following criteria established within the City's Site Design and Use Standards: i. A pedestrian entrance designed to be attractive and functional, and open to the public during all business hours ii. The pedestrian entrance shall be accessed from a walkway connected to a public sidewalk. c. Projection. Signs may project a maximum of eighteen inches two feet from the face of the building to which they are attached, provided the lowest portion of the sign is at least eight feet above grade. Any portion lower than eight feet may only project four inches. d. Extension above roof line. Signs may not project above the roof or eave line of the building. 2. Ground Signs. a. Number. One sign, in lieu of a wall sign, shall be permitted for each lot with a street frontage in excess of fifty lineal feet. Corner lots can count one street frontage. Two or more parcels of less than fifty feet may be combined for purposes of meeting the foregoing standard. b. Area. Signs shall not exceed an area of one square foot for each two lineal feet of street frontage, with a maximum area of sixty square feet per sign. c. Placement. Signs shall be placed so that no sign or portion thereof shall extend beyond any property line of the premises on which such sign is located. Signs on corner properties shall also comply with the vision clearance provisions of Section 18.96.060(F). d. Height. No ground sign shall be in excess of five feet above grade. 3. Marquee or Awning Signs. a. Number. A maximum of two signs shall be permitted for each business frontage in lieu of wall signs. b. Area. Signs shall not exceed the permitted aggregate sign area not taken up by a wall sign. c. Projection. Signs may not project beyond the face of the marquee if suspended, or above the face of the marquee if attached to and parallel to the face of the marquee. d. Height. Signs shall have a maximum face height of nine inches if placed below the Sign Code Amendments April 21, 2009 Page 8 of 15 marquee. e. Clearance above grade. The lowest portion of a sign attached to a marquee shall not be less than seven feet, six inches above grade. f. Signs painted on a marquee. Signs can be painted on the marquee in lieu of wall signs provided the signs do not exceed the permitted aggregate sign area not taken up by wall signs. 4. Projection Signs. a. Number. One sign shall be permitted for each business or group of businesses occupying a single common space or suite in lieu of a wall sign. b. Area. Except for marquee or awning signs, a projecting sign shall not exceed an area of one square foot for each two feet of lineal business frontage that is not already utilized by a wall sign. The maximum area of any projecting sign shall be 15 square feet. c. Projection. Signs may project from the face of the building to which they are attached a maximum of two feet if located eight feet above grade, or three feet if located nine feet above grade or more. d. Height and extension above roof line. Signs shall not extend above the roofline, eave or parapet wall of the building to which they are attached, or be lower than eight feet above grade. e. Limitation on placement. No projecting sign shall be placed on any frontage on an arterial street as designated in the Ashland Comprehensive Plan. 5. Three-Dimensional Signs. a. Number. One three-dimensional sign shall be permitted for each lot in lieu of one three square foot incidental sign otherwise allowed per 18.96.030H. b. Surface Area. Flat surfaces in excess of two square feet shall count toward the total aggregate sign area per 18.96.080(A)4. c. Placement. The three-dimensional sign shall be located so that no sign or portion thereof is within a public pedestrian easement or extends beyond any property line of the premises on which such sign is located into the public right-of-way unless the sign is attached to the face of the building and located eight feet above grade, or the sign is attached to a marquee with the lowest portion of the sign not less than seven feet, six inches above grade not projecting beyond, or above, the face of the marquee. d. Dimensions. No three-dimensional sign shall have a height, width, or depth in excess of three feet. Sign Code Amendments April 21, 2009 Page 9 of 15 e. Volume. The volume of the three-dimensional sign shall be calculated as the entire volume within a rectangular cube enclosing the extreme limits of all parts of the sign and shall not exceed three (3) cubic feet. For the purposes of calculating volume the minimum dimension for height, width, or depth shall be considered one foot. f. Materials The three-dimensional signs shall be constructed of metal, wood, bronze, concrete, stone, glass, clay, fiberglass, or other durable material, all of which are treated to prevent corrosion or reflective glare. Three dimensional signs shall not be constructed of plastic. Three dimensional signs shall not be internally illuminated or contain any electrical component. 6 Portable Business Signs a. Number One portable business sign, limited to sandwich boards, pedestal signs, `A' frame signs, flags, and wind signs, shall be allowed on each lot excepting that buildings, businesses, shopping centers, and business complexes with permanent ground signs shall not be permitted to have portable signs. b. Area. Sign area shall be deducted from the aggregate sign allowed for exempt incidental signs established in 18.96.030(H). Signs shall not exceed an area of four (4) square feet per face including any border or trim, and there shall be no more than two (2) faces. c. Height. Sandwich board signs and `A' frame signs shall not extend more than three (3) feet above the ground on which it is placed. Pedestal signs shall not extend more than four (4) feet above the ground on which it is placed. A freestanding wind sign shall not extend more than five (5) feet above the ground on which it is placed. d. Placement. Signs shall be placed so that no sign or portion thereof shall extend beyond any property line of the premises on which such sign is located. Portable signs shall be located within ten feet of the business entrance and shall not be placed on public right-of-way. No portable business sign shall be constructed and placed so as to interfere with pedestrian ingress and egress as regulated within the Ashland Municipal Code. e. General Limitations Signs shall be anchored, supported, or designed as to prevent tipping over, which reasonably prevents the possibility of signs becoming hazards to public health and safety. Signs shall not be constructed of plastic, illuminated or contain any electrical component. No objects shall be attached to a portable sign such as but not limited to balloons, Sign Code Amendments April 21, 2009 Page 10 of 15 banners, merchandise, and electrical devices. Portable business signs shall be removed at the daily close of business. These signs are prohibited while the business is closed. SECTION 6. Chapter 18.96.090 of the Ashland Municipal Code [SIGN REGULATIONS: Commercial, Industrial and Employment Districts] is hereby amended to read as follows: SECTION 18.96.090 Commercial, Industrial and Employment Districts. Signs in commercial, industrial and employment districts, excepting the Downtown- Commercial Overlay District and the Freeway Overlay District, shall conform to the following regulations: A. Special Provisions. 1. Frontage. The number and use of signs allowed by virtue of a given business frontage shall be placed only upon such business frontage. 2. Aggregate number of signs. The aggregate number of signs for each business shall be two signs for each business frontage. 3. Aggregate area of signs. The aggregate area of all signs established by and located on a given street frontage, shall not exceed an area equal to one square foot of sign area for each lineal foot of street frontage. Aggregate area shall not include nameplates, and temporary real estate and construction signs. B. Types of Signs Permitted. 1. Wall Signs. a. Number. Two signs per building frontage shall be permitted for each business, or one sign per frontage for a group of businesses occupying a single common space or suite. b. Area. sixty sguare feet Buildings with two or fewer business frontages shall be permitted one square foot of sign area for each lineal foot of business frontage. For the third and subsequent business frontages on a single building, the business shall be permitted one square foot of sign area for every two lineal feet of business frontage. The maximum sign area on any single business frontage shall not exceed sixty (60)square feet. Business frontages of three or more, on a single building, shall comply with the following criteria established within the City's Site Desian and Sign Code Amendments April 21, 2009 Page 11 of 15 Use Standards: i. A pedestrian entrance designed to be attractive and functional, and open to the public during all business hours ii. The pedestrian entrance shall be accessed from a walkway connected to a public sidewalk. c. Projection. Except for marquee or awning signs, a projecting sign may project a maximum of 'dies two feet from the face of the building to which they are attached, provided the lowest portion of the sign is at least eight feet above grade. Any portion lower than eight feet can only project four inches. d. Extension above roof line. Signs may not project above the roof or eave line of the building. 2. Ground Signs. a. Number. One sign shall be permitted for each lot with a street frontage in excess of fifty lineal feet. Corner lots can count both street frontages in determining the lineal feet of the street frontage but only one ground sign is permitted on corner lots. Two or more parcels of less than fifty feet may be combined for purposes of meeting the foregoing standard. b. Area. Signs shall not exceed an area of one square foot for each two lineal feet of street frontage, with a maximum area of sixty square feet per sign. c. Placement. Signs shall be placed so that no sign or portion thereof shall extend beyond any property line of the premises on which such sign is located. Signs on corner properties shall also comply with the vision clearance provisions of Section 18.96.060(F). d. Height. No ground sign shall be in excess of five feet above grade. 3. Awning or Marquee Signs. a. Number. Two signs shall be permitted for each business frontage in lieu of wall signs. b. Area. Signs shall not exceed the permitted aggregate sign area not taken up by a wall sign. c. Projection. Signs may not project beyond the face of the marquee if suspended, or above or below the face of the marquee if attached to and parallel to the face of the marquee. d. Height. Signs shall have a maximum face height of nine inches if attached to the marquee. e. Clearance above grade. The lowest portion of a sign attached to a marquee shall not be less than seven feet, six inches above grade. Sign Code Amendments April 21, 2009 Page 12 of 15 f. Signs painted on a marquee. Signs can be painted on the marquee in lieu of wall sign provided the signs do not exceed the permitted aggregate sign area not taken up by wall signs. 4. Portable Business Signs a. Number One portable business sign, limited to sandwich boards, pedestal signs, `A' frame signs, flaps, and wind signs, shall be allowed on each lot excepting that buildings, businesses, shopping centers, and business complexes with permanent ground skins shall not be permitted to have portable signs. b. Area. Sign area shall be deducted from the aggregate sign allowed for exempt incidental signs established in 18.96.030(H). Signs shall not exceed an area of four (4) square feet per face including any border or trim, and there shall be no more than two (2) faces. c. Height. Sandwich board signs and `A' frame signs shall not extend more than three (3) feet above the ground on which it is placed. Pedestal signs shall not extend more than four (4) feet above the ground on which it is placed. A freestanding wind sign shall not extend more than five (5) feet above the ground on which it is placed. d. Placement. Signs shall be placed so that no sign or portion thereof shall extend bevond any property line of the premises on which such sign is located. Portable signs shall be located within ten feet of the business entrance and shall not be placed on public right-of-way. No portable business sign shall be constructed and placed so as to interfere with pedestrian ingress and egress as regulated within the Ashland Municipal Code. e. General Limitations Signs shall be anchored, supported, or designed as to prevent tipping over, which reasonably prevents the possibility of signs becoming hazards to public health and safety. Signs shall not be constructed of plastic, illuminated or contain any electrical component. No objects shall be attached to a portable sign such as but not limited to balloons, banners, merchandise, and electrical devices. Portable business signs shall be removed at the daily close of business. These signs are prohibited while the business is closed. 5. Three-Dimensional Signs. a. Number. One three-dimensional sian shall be permitted for each lot in lieu of one three square foot incidental sian otherwise allowed per 18.96.030H. b. Surface Area. Sign Code Amendments April 21, 2009 Page 1 3 of 15 Flat surfaces in excess of two square feet shall count toward the total aggregate skin area per 18.96.090(A)4. c. Placement. The three-dimensional sign shall be located so that no sign or portion thereof is within a public pedestrian easement or extends bevond any property line of the premises on which such sign is located into the public right-of-way unless the sign is attached to the face of the building and located eight feet above grade, or the sign is attached to a marquee with the lowest portion of the sign not less than seven feet, six inches above grade not projecting bevond, or above, the face of the marquee. d. Dimensions. No three-dimensional sign shall have a height, width, or depth in excess of three feet. e. Volume. The volume of the three-dimensional sign shall be calculated as the entire volume within a rectangular cube enclosing the extreme limits of f the sigrnd shall not exceed th of calcul tins volume the minim width, or depth shall be considered one foot. f. Materials The three-dimensional signs shall be constructed of metal, wood, bronze, concrete, stone, glass, clay, fiberglass, or other durable material, all of which are treated to prevent corrosion or reflective glare. Three dimensional signs shall not be constructed of plastic. Three dimensional signs shall not be internally illuminated or contain any electrical component. SECTION 7. Chapter 18.96.110 of the Ashland Municipal Code [SIGN REGULATIONS : Abatement of Nuisance Signs] is hereby amended to read as follows: SECTION 18.96.110 Abatement of Nuisance Signs. The following signs are hereby declared a public nuisance and shall be removed or the nuisance abated: A. Flashing sign visible from a public street or highway. B. Temporary, movables or portable signs located on the publicly owned right-of-way. C. Illegal signs. D. Signs in obvious disrepair which are not maintained according to the standards set forth in 18.96.120(C). SECTION 8. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. Sign Code Amendments April 21, 2009 Page 14 of 15 SECTION 9. Savings. Notwithstanding this amendment/repeal; the City ordinances in existence at the time any criminal or civil enforcement actions or other actions as required by state law, were commenced shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinance(s) or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions or applications commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 10. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 1, 8-10) need not be codified and the City Recorder is authorized to correct any cross- references and any typographical errors, including correcting the existing mistaken cross-reference in AMC 18.96.050 A.3. (should be 18.96.130 not 18.96.150).. The foregoing ordinance was first read by title only in ac' o dan,- with Article X, Section 2(C) of the City Charter on the day ofs/,~,,,. , 2009, and duly PASSED and ADOPTED this day of ,,,,M 2009. Barbara M. Christensen, City Recorder SIGNED and APPROVED this 41 day of , 2009. / 41 I Ige hn Stromberg, Ma or Reviewed as to form: Oh l 111 11 PAU Rich-rd Appicello,q Attorney Sign Code Amendments April 21, 2009 Page 15 of 15