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HomeMy WebLinkAbout1973-1011 MEMO - MEISTEROctober 11, 1973 Honorable rdayor & City:Council Planning Commission Zone Change No. 41 (Richard Meister) Attached is an excerpt of the minutes of both the Zoning Adjustment Committee, and the Planning Commission, relative to the approval of a Conditional Use Permit and Zone Change to allow the annexation of property at approximately 325 North Tolman Creek Road. Although the Conditional Use Permit was approved subject to conditions by the Zoning Adjustment Committee, the Planning Commission recommends that the application for zone change be denied for the following reasons: 1. There is other land available within the city limits currently zoned for the proposed use as follows: a. Undeveloped R-3 land adjacent to Wingspread Mobile Home Park on Clay Street, north of Highway 66. A Conditional Use Permit has been granted for a mobile home park, with an additional 40 spaces now being built and an additional 41 spaces in the plans. b. Undeveloped land outside the city limits, below Highway 66, which has received a Conditional Use Permit and Zone Change contingent upon annexation- Such proposed park, currently pending Council action, shows a total of 61 spaces. c. Approximately 5.23 acres of undeveloped C-1 land on Tolman Creek Road north of the SPRR. A mobile home park has been previously approved for this site, and could have 35 spaces. d. Approximately 25 acres of undeveloped R-3 land north of Clinton Street between Oak and Mountain Avenues. The zone was originally changed for a mobile home park, and at a relative low density could have 150 spaces. 2. The public need for this development was not demonstrated to the satisfaction of tile Commission. Although acknowledging that Ashland did need mobile home sites, and that there was a regional demand, there was some doubt that all current proposals (Win~spread enlarge- ment, Corallo request and this proposal) were needed for Ashland. 3. The Commission felt that the zoning ordinance requirement that zone changes can take place "whenever the public necessity and convenience and the general welfare require such amendment" ]lad not been met for a number of reasons. a. No studies were done on possible costs a development such as · this would create for Ashland residents. · Honorable Mayor & City Council October 11, 1973 b. It was not good practice to create a parcel of R-3 (multiple- family) zoning surrounded on all sides by rural-residential zoning. c. Due to possible problems with a limited amount of city water supplies it would be inadvisable to create higher densities causing more usage of t~is water. d. Because of the number of spaces which are being created or might be created there was no public necessity at this time. SS Executive le~c.r~,~ary . . As.bland Pla~ Commission RDNALD L. SALTER ATTORNEY AT LAW 70 NORTH PIONEER STREET P, O, BOX 7Z7 ASHLAND. 1:3REG~]N 9'752D October 9, 1973 AR~A CODE 503 TELEPHONE 482-4215 MEMORANDUM TO: The Mayor and Members of the Co~,on Council FROM: Ronald L. Salter, City Attorney SUBJECT: Proposed Sign Ordinance - Review The Council has requested that ! review the proposed Sign Ordinance with attorneys William Deatherage and E. Roy Bashaw. This has been done by me with a view towards accomplishing the essential purposes of the Sign Ordinance and not with a view towards proving.tbatwe are right. Accordingly, we propose some changes which are not mandatory for tbe validity of the Ordinance but are proposed since they will perhaps make the Ordinance more clear,'and in any event, more understandable to those who are opposed to the previous draft. There were a number of different bases for objections to the proposed Sign Ordinance and these will be discussed separately. The first was that the wording was not clear and unambiguous. This was with respect to the Section found on page 1 at (1) (d) and the Sections found on page 4 under (5) (a) 1 and 2. To obviate these objections it is suggested that these Sections be worded as follows: "Page 1 (1) (d) Sign within a building, provided the same do not primarily identify the business to persons outside the building." "Page 4 (5) (a) 1. Near Residential. No sign sball be located in a commercial or industrial district so that it is primarily visible only from a residential district." To: Mayor and Members of the Common Council October 9, 1973 - 2 - "Page 4 (5) (a) 2. Near Freeways. Except as provided in Subsection (9) hereof entitled 'Freeway Sign Zone' and excepting real estate and constructions signs, no sign shall be erected within six hundred (600) feet of a freeway, so that it is primarily visible only from such freeway." The next objection was that there is not a so-called Grandfatber Clause expressly contained in the Ordinance and to cure that problem, it is proposed that Section (4) (a) on page 3 be changed to read as follows with the added words being set forth in all capital letters: "Page 3 (4) (a) SiKn Permit Required. It shall be unlawful for any person to.erect, establish, permit to remain, alter or relocate any sign, or cause the same to be done without first obtaining a Sign Permit therefor from the building official, EXCEPT THAT SIGNS THAT WERE LAWFULLY ERECTED PRIOR TO THE EFFECTIVE DATE OF THIS ORDINANCE AND WHICH ARE NOT HEREBY DECLARED A NUISANCE ARE PERMITTED TO REMAIN EXCEPT AS HEREINAFTER SET FORTH. The building official may require tbe filing of plans or other pertinent information when, in his opinion, such information is necessary to insure compliance with the provisions of this Section and the Building Code of the City. Permits shall not be required for minor maintenance and repairs to existing signs, or for changes in sign copy, provided no alterations are made to the sign." signs on and witb proposed It has been suggested that the Section dealing with vebicles is not properly placed in the Sign Ordinance tbis suggestion, I do agree. Accordingly it is that this Section on page 5 be deleted from the proposed Ordinance. The subject is a proper one for legislation but can more properly be covered in our Traffic Ordinance. Some of the provisions in tbe proposed Ordinance can only be supported by aesthetic considerations. These are found on page 5 and deal with a prohibition against three-dimensional signs, etc. (Section 5), neon.and similar signs (Section 8) and To: Mayor and Members of the Common Council October 9, 1973 Page -3- a limitation on the colors that may be used (Section (f)). This is an area where the Oregon Courts have not in any way squarely held that legislation will be valid based solely on such con- siderations. More frequently we find that the Court will uphold legislation where it is in part based on more traditlonal legislative powers and in a small part on aesthetic considerations to improve the appearance of the community. There is some suggestion in the cases that legislation based solely on aesthetics might be upheld; however, I must say that the odds are against our being successful in having the Supreme Cour~ of Oregon uphold the foregoing provisions. Again, on page 5 in Section (e) "Context of Signs", we find the statement that "no sign shall be erected or maintained which is an attraction or enticement, except as may be permitted in this Section.". This is a very broad and all comprehensive statement and I do suggest that it be removed from the Ordinance since it could well be found to be contrary to the First Amend- ment, Freedom of Speech provisions. Finally, on page 10 ~e find provisions requiring the abatement of nuisance signs. In my letter of February 8, 1973, on the subject of the immediate takedown of existing signs that was given to the Planning Commission, I concluded by saying that "I believe that an all-comprehensive amortization period of five years from the date of the Ordinance would most likely be held to be valid in the State of Oregon. In addition, a shorter period for inexpensive signs would also most likely be upheld particularly if this was limited to signs that are more distracting to'the motorist and thus, more dangerous to the public or to signs that can be shown to be a clear nuisance as opposed to the signs that are being removed on more of an aesthetic basis." To: Mayor and Members of the Common Council October 9, 1973 Page -4- Accordingly, with respect to the abatement of billboards and off- premises advertising, it would be my suggestion that the period be changed to five (5) years. The same considerations are present with respect to Section 13 (a) "Temporary and Movable Signs". I suggest that this prohibition be changed to embody a one (1) year amortization period except where a value in excess of $200.00 is established and then the period be extended to a total of two (2) years. If the Council wishes to accomplish this, it could insert into the Ordinance a section to read as follows: "Abatement of Temporary and Movable SiKns. Temporary and movable signs are hereby declared a public nuisance and shall be removed or the nuisance abated within one (1) year of the effective date of this Ordinance. However, if the owner of such temporary. or nuisance signs within thirty (30) days of the date of this Ordinance does establisb and file proof at City Hall that a sign had a value on the date of tbis Ordinance of in excess of $200.00, then such sign may be permitted to remain for a total of two (2) years from the effective date of this Ordinance". On the subject of nuisance signs it is suggested that part (b) be amended to read as follows: "(13) (b) Flashing signs VISIBLE FROM A PUBLIC HIGHWAY." Subsections (c) (Moving and Rotating Signs) and (d) (Wind Signs and Devices) may well be removed since we have very few sucb sign~ in the City and the definition of flaslLi~g signs does tend to cover the objectionable characteristics of these signs. It is believed that the above-suggested changes will give the City a Sign Code which will be acceptable to the substantial majority of its citizens and will also accomplish the essential purp6ses of this Ordinance. If you have any questions, I will be more than glad to attempt to answer tbem. .City At. torney RLS:gm FOURTH ~RAFT ORDINANCE NO. AN ORDINANCE OF TIlE CITY OF ASHLAND AMENDING ORDINANCE I']O. 1361, TEE ZONING ORDINANCE, BY ADDItTG THERETO A NEW SECTION 20 Rt:GULATING SIGNS, AND REPEALING ORDINANCE NO. 1657 AS ~IENDED. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1 A new Section 20 is hereby added to Ordinance No. 1361, the Zoning Ordinance, and shall read as follows: "SECTION 20. SIGN REGULATIONS. This section shall hereafter be known and designated as the 'Sign Ordinance Of the City of Ashland'; and is adopted in recognition of the important function of signs and of the need to safeguard and enhance the economic and aesthetic values in the City of Ashland through the regulation of such factors as size, number, location, illumination, construction and maintenance of signs; and thereby safeguard the public health, safety and general welfare. (1) EXEMPTED SIGNS. The following signs and devices shall not be subject to the provisions of this section: (a) Signs placed by a governmental body or public utility. (b) Memorial tablets, cornerstones, or similar plaques not exceeding six (6) square feet. (c) Flags of the National, State or Local Government. (d) ~ut~ Signs within a building, provided the same do not..i_~dg~ify the business to persons outside the building. (e) Temporary political signs not exceeding six (6) square feet, provided said signs are removed within seven (7) days following the purpose for which they were erected. (f) Temporary nonilluminated real estate or construction signs not exceeding six (6) square feet in residential areas, or twelve (12) square feet in commercial and industrial areas, provided said signs are removed within fifteen (15) days from the sale, lease or rental of the property, or within seven (7) days of the completion of the project. (g) Temporary signs for new businesses, when authorized by the Building Official, for a period not to exceed ninety (90) days. (h) Temporary advertising displays for grand Openings not ~x~eeding seven (7) days when authorized by the ~X~/~4~[~ Bu~Zd~g O~f~e~a~ ~[~; and for special city events when. authorized by the City Council. (i) Nameplates indicating the name, address or profession of the occupant, not exceeding one (1) square foot. (j) Small convenience signs displayed strictly for the direction, safety or convenience of the public, incluc~i~ur~ signs which iden%ify restrooms, public telephones, parkinf area entrances and exits, freight entrances, and credit card signs pr~vid~'~d signs do not exceed two (2) square feet in ar~aG ~o~ m~ethan four (4) in number on any parcel of property. (k) Temporary paper signs placed upon a window in conjunction with a non-residential use, when such signs do not obscure more than twenty percent (20~) of such window area, and are maintained for a period not exceeding seven (7) days. -1- (2) CLASSIFICATION OF SIGNS. All signs shall be classified in the following categories: (a) Ground Sign. A sign which is wholly or partially supported by a structural element placed permanently in the ground, including pole signs, free-standing signs or pylon signs. (b) Wall Sign. A sign which is affixed to or painted up- on a wall or window of a building with the display sur- face of the sign in a plane parallel to said wall. (c) Projecting Sign. A Sign which projects from and is supported by a wall of a building, with the display sur-' faces of the sign in a plane other than parallel to said wall. (d) Marquee SiGn. A sign which is painted on, attached to, or supported by a marquee or awning. (e) Roof Sign. A sign located upon or above the roof of a building, or above a parapet wall of a buildind. (3) DEFINITIONS ELATING TO SIGNS. (a) Alteration shall mean any change in the size, shape, method of illumination, position, location, construction, or supporting structure of a sign. (b) Area shall mean the area included withid the outer dimensions of a sign. In the case of a multiple-faced sign, the area of each face shall be included in determining sign area, excepting double faced signs placed no more than twenty-four (24) inches back to back. (c) Billboard shall mean a sign which advertises a business, commodity or activity which is sold, offered or conducted other than on the premises where such sign is located, and which may be sold, offered, or conducted on such premises only incidentally, if at all. (d) Bulletin Board shall mean a sign Of a permanent nature, but which accommodates changeable copy, indicating the names of persons associated with, events conducted upon, or products or services offered upon, the premises upon which such sign is located. (e) Business Frontage shall mean the lineal front footage of a building or portion thereof, devoted to a specific business or enterprise, and having an entrance/exit open to the general public. (f) Construction Sign shall mean a sign stating the names, addresses or telephone nu~a3ers of those individuals or businesses directly associated with a construction project on the premises. (g) Direct Illumination shall mean a source of illumination on the surface of a sign, or from within a sign. (h) Flashing Sign shall mean a sign incorporating inter- mittent electrical impulses to a source of illumination, or revolving in a manner which creates the illusion of flash- ing, or which changes color or intensity of illumination. -2~ (i) Indirect Illumination shall mean a source of illum- ination directed toward such siqn so that the beam of light falls upon the exterior surface of the sign. (j) Neighborhood Identification sign shall mean sign located on a wall or fence at the entry'point to a single- family subdivision comprising not less than two (2) acres, or a sign identifying a multiple family development of ten ~0) or more dwelling units. (k) Parcel or Premises shall mean a lot or tract of land under separate ownership, as depicted upon the county assessment rolls, and having frontage abutting on a public street. (1) Real Estate Sion shall mean a sign indicating that the premises on which the sign is located, or any portion thereof, is for sale, lease or rent. (m) Sign shall mean any writing (including letter, word, or numeral); pictorial presentation (including illustration or decoration); emblem (including device, symbol or trade- mark); flag (including banner orpennant); or any other device,, figure or similar thinq which is a structure or any part thereof, or is attached to, painted on, or in any other menner represented on a building or structure or vice; and is used to announce direct attention to, or advertise; and is visible from outside the building or structure. (n) Wind Sign or Device shall mean any sign or device in the nature of a series of two or more banners, flags, or other objects, fastened in such a manner as to move upon being subject to pressures by wind or breeze. (4) SIGN PERMITS, FEES A~ID INSPECTIO~IS. (a) Sign Permit Required. It shall be unlawful for any person to erect, establish, permit to remain, alter or relocate any sign, or cause the same to be done, without first obtaining a sign permit therefor from the Building Official. The Building Official may require the filing of plans or other pertinent information when, in his opinion, such information is necessary to insure compliance with the provisions of this section and the Building Code of the City. Permits shall not be reGuired for minor maintenance and repairs to existing signs, or for changes in sign copy, provided no alterations are made to the sign. (b) Sign Permit Fees. No sign permit shall become valid until the applicant has paid to the Building Official a permit fee of two percent (2%) of the declared value of each sign or two dollars ($2.00), whichever is greater, but not exceeding two hundred dollars ($200.00). The applicable fee shall be doubled when the installation of a sign is commenced before obtaining a permit therefor. (c) Unsafe or Illeqal Signs. If the Building Official shall find that any siqn is unsafe or insecure, or any sign erected or established under a sign permit has been carried out in violation of said permit or this section, he shall give written notice to the permittee or owner thereof to remove or alter such sign within thirty (30) days. The Building Official may cause any sign which is an immediate peril to persons or property, or any sign erected without a permit, to be removed immediately, and said sign shall not be reestablished until a valid per- mit has been issued therefor. Failure to remove or alter said sign as directed, sh~ll subject the permittee or this ordinance. (d) Permit Record R~cuirej. ~m~:.:, !:uildir~c; Official shall keep a copy and permanent r~cord of each sign permit issued which shall show the permit number. The permittee shall be required to permanently display the permit number on the sign Or sign structure. (5) GENERAL SIGN REGULATIONS. The follbwing general provis- ions shall govern all signs in addition to all other applicable provisions of this Section. (a) Limitation on Placement of Signs. 1. Near Residential. No sign shall be located in a commercial or industrial district so that its prim- ary purpose is to be viewed from a residential district. 2. Near Freeways. Except as provmded m se men (9) hereof entitled "Freeway Sign D~/'~ a~ e ept- ing real estate and constructl~o~_~gn~, no sign shall be erected within six hundred (600) feet of a freeway, so that its primary purpose is to be viewed from such freeway. 3. Near Street Intersections. No sign or portion thereof shall be erected at the intersection of public streets or with public alleys, within the triangular area formed by a line connecting points twenty-five (25) feet from the intersection of property lines, unless the same is less than two (2) feet in hnight, or the lowest portion of the display surface is at least eight (8) feet above grade and its means of support has a cross-section of not more than twelve (12) inches. 4. Near Driveways. No sign or portion thereof shall be erected within ten (10) feet of a driveway unless the same is less than three (3) feet in height, or the lowest portion of the display surface is at least eight (8) feet above grade and its means of support has a cross-section of not more than twelve (12) inches. 5. In Future Street Right-of-way. NO sign or portion thereof shall be erected within future street right-of-way, as depicted upon the Master Plan of Arterial Streets, unless and until an agreement is recorded stipulating that the sign will be removed or relocated upon street widening at no expense to the City, (b) Hazardous Signs. 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. (c) Obstruction by Signs. No sign or portion thereof shall be placed so that it obstructs any fire escape, stairway, or standpipe; interferes with human exit through any window of any room located above the first floor of any building; obstructs any door or required exit from any building, or Obstructs any required light or ventilation. (d) Prohibited Signs. 1. No billboard or other off-premise advertising sign, moveable sign, temt~orary slain, bench sign, wind si<~n or device, or captive balloon shall be permitted, ~,xce[~t as may be provided in subection hereof entitled "l~xemI~te<~ Sicins". (1) 2. No sign shall be/~St~jLg~ttached to or placed upon a vehi~9~e~ ~x~ptin~Isigns painted directly upon or affixed to a vehicle used reg- ularly in a business to which the sign pertains. 3. No flashing signs shall be permitted. 4. No sign shall have or consist of any moving, rotating or otherwise animated part~ 5. Noa~%%~i~ea~°J~a~re or representation of persons, animals or merchandise shall be used as a sign or incorporated into a sign structure. 6. NO public address system or sound devices shall be used in conjunction with an~ sign or advertising device. 7. No roof sign or signs placed on the roof of marquees shall be permitted. 8. No exposed incandescent bulb, or any neon, flourescent, zeon, Or similar tube lighting, shall be permitted, unless the same is shielded so that the beam of light falls directly upon the sign. (6) shall (e) Context of Signs. The lettering and advertising matter o~ all signs within the City, except as provided herein, shall indicate the name or nature of the bus- iness done or service rendered upon such premises//i~d ~j~/~ No sign shall be erected or maintained which is an attraction or enticement, except as may be permitted in this section. Re/erences to price sha~l ~ limited to no more than twenty percent (20~) of the area of a permitted sign. (f) Color of Signs. Signs shall be limited to not more than three (3) colors. In the case of a sign placed on a building surface, the color of the building shall not be considered as-a color of the sign. Shades or blendings of color sh~1l ~ue~nstitute ~ separate colors. Also, black and wh~lt not be considered colors. ~g) Pictorial ~ari__catures or representations. Pictorial -\ caricatures or representations may be incorporated into a sign '\ provided the same are limited to no more than twenty percent (20~) of the area of a permitted sign RESIDENTIAL DISTRICTS. Signs in residential districts conform to the following regulations: (a) Special Provisions. 1. No sign or portion thereof shall extend beyond any property line of the premises on which such sign is located. 2. Directly illuminated signs shall not be permitted. 3. Nothing contained heroin shall be construed as permitting any type of sign in conjunction with a commercial use allowed as a home occupation. (b) Types Of Signs Permitted. 1. NAMEPLATES. One (1) nameplate shall be permitted for each occupant, not exceeding an area of one (1) square foot, attached to and parallel to the exterior wall of the building. -5- 2. REAL ESTATE AND CONSTRUCTION SIGNS. One (1) nonilluminated construction sign shall be permitted per street frontage on each parcel of property, not exceeding an area of six (6) square feet per sign. 3. NEIGHBORHOOD IDENTIFICATION SIGNS. Two (2) signs shall be permitted at each entry point to single family developments, not exceeding an area of eight (8) square feet per sign, with lettering not over nine (9) inches in height, located not over five (5) feet above grade. Multiple family developments of ten (10) units or more shall be permitted one (1) sign not exceeding an area of ten (10) square .feet, attached to and parallel to the exterior wall of the building. 4. COMDI~IONAL USES. Uses authorized in accord- ance %~ith Section 39, except commercial uses allowed as a home occupation, may be permitted one (1) ground sign or bulletin board not exceeding an overall height ~f five (5) feet and an area of fifteen (15) square feet, set back at least ten (10) feet from property lines; Or one (1) wall sign in lieu of a ground sign not exceeding an area of fifteen (15) square feet. Such signs shall be approved in conjunction with the issuance of such conditional use permit. (7) COM34ERCIAL-DOWNTOWN DISTRICT. Signs in the com.mercial- downtown district shall conform to the following regulations: (a) Special Provisions. 1. FRONTAGE. The number and area of signs allowed by virtue of a given frontage shall be placed only upon such frontage, and no building or premises shall be credited with more than two (2) frontages. 2. AGGREGATE NUMBER OF SIGNS. The aggregate number of signs allowed for each business shall be two (2) signs for each frontage with an entrance/exit open to the general public. -3. AGGREGATE AI{EA 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 (1) square foot for each lineal foot of street frontage. Aggregate area shall not include nameplates, and real estate and construction signs. 4. RESIDENTIAL USES. Sign for residential uses ehall conform to the provisions of subsection (6) hereof, pertaining to residential districts. (b) Types of Signs Permitted. 1. WALL SIGNS. a. Number. Two (2) signs per building frontage shall be permitted for each business, or one (1) sign per frontage for a group of businesses occupying a single common space or suite. b. Area. Signs shall not exceed an area of twenty percent (20%) of the wall area of the business to which the sign pertains, but not ex- ceeding an area of sixty (60) square feet. -6- C. Projection. Signs may project a maximum Of eighteen (18) ~nches from the face of the building to which they are attached, provided the lowest portion of the sign is at least eight (8) feet above grade. d. Height and Extension Above R~of Line. Signs shall have a maximum face height of five (5) feet, and may ~ot extend above the roof or eave line of the building. 2. GROUND SIGNS. a. Number. One (1) sign ~hall be permitted for each parcel with a street frontage in excess of fifty (50) lineal feet. ~o or more parcels of less than fifty (50) feet may be combined for purposes of meeting the foregoing standard, pro- vided that all such businesses are identified on such sign. b. Area. Signs shall not exceed an area of one (1) square foot for each Uqo (2) lineal feet of street frontage, with a maximum area of sixty (60) · square feet per sign. c. Height. Signs shall not exceed a height of twenty-four (24) feet above grade. d. Placement. Signs shall be placed on the central fifty (50) percent of the street frontage on prop- erties with less than two hundred (200) feet of frontage, or fifty (50) feet from an abutting parcel of property upon properties with an excess of two hundred (200) feet of frontage. Signs on corner properties may be placed near the intersection of street property lines. 3. PROJECTING SIGNS. a. Number. One (1) sign shall be permitted for each business or group of businesses occupying a single common space or suite in lieu of a ground sign. b. Area. Signs shall not exceed an area of one (1) square foot for each two (2) lineal feet of business frontage to which the sign pertains. The maximum area of any projecting sign shall be forty (40) square feet. c. Projection. Signs may project from the face of the building to which they are attached a maximum of one(l) foot for each ~o (2) feet said sign is loc- ated in excess of eight (8) feet above grade. The maximum projection of any sign shall be five (5) feet. Signs which project into alleys and driveways shall be located a minimum of fifteen (15) feet above grade to the lowest portion of same. d. Height and Extension Above Roof Line. Signs shall have a maximum overall height of twenty-four (24) feet above grade, and may not extend above the roof line, save or parapet wall of the building to which they are attached. -7- e. Placement. Signs shall be placed on the central fifty percent (50%) of the business frontage to which said sign pertains. 4. ~RQUEE SIGNS. a. Number. One (1) sign shall be permitted for each business. b. Area. Signs shall not exceed an area of eight (8) square feet. 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. do Height and Clearance Above Grade. Signs shall have a maximum face height of nine (9) inches, and the lowest portion of same shall be not less than seven feet three inches (7'3") above grade. REAL ESTATE AND CONSTRUCTION SIGNS. One (1) nonilluminated real estate and one (1) non- illuminated construction sign shall be permitted per street frontage on each parcel of property, not exceeding an area of twelve (12) square feet. (8) COMMERCIAL AND INDUSTRIAL DISTRICTS. Signs in commercial and industrial districts, excepting t~e commercigl-downtown district, shall conform to the followxng regulations: (a) Special Provisions. 1. FRONTAGE. The number and area of signs allowed by virtue of a given frontage shall be placed only upon such frontage, and no building or premises shall be credited with more than two (2) frontages. 2. AGGREGATE NUMBER OF SIGNS. The aggregate number of signs allowed for each business shall be two (2) signs for each frontage. In shopping centers and developments including five (5) or more businesses, one identification ground sign shall be allowed in addition to the two (2) wall or marquee signs per- mitted for each business. 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 (1) square foot for each lineal foot of street frontage. Aggregate area shall not include nameplates, and real estate and construction signs. 4. RESIDENTIAL USES. Signs for residential uses shall conform to the provisions of subsection (6) hereof, pertaining to residential districts. (b) Types Of Signs Permitted. 1. WALL SIGNS. a. Number. Two (2) signs per building frontage shall be permitted for each business, or one (1) sign per frontage for a group of businesses occupy- ing a single common space or suite. -8- b. Area. Signs shall not exceed an area of twenty percent (20%) of the wall area of the business to which the sign pertains, but not exceeding an area of sixty (60) square feet. c. Projection. Signs may project a maximum of eighteen (18) inches from the face of the building to which they are attached, provided the lowest portion of such sign is at least eight (8) feet above grade. d. Height and Extension Above Roof Line. Signs shall have a maximum face height Of five (5) feet, and may not extend above the roof or eave line of the building. 2. GROUND SIG~IS. a. Number, One (1) sign shall be permitted for each parcel with a street frontage in excess of fifty (50) lineal feet, Two 6r more parcels of less than fifty (50) feet may be combined for purposes of meeting the foregoing .standard, pro- vided that all such businesses are identified on such sign. b. Area. Signs shall not exceed an area of One (1) square foot for each two (2) lineal feet of street frontage, with a m~ximum area of sixty (60) square feet per sign. c. Height. Signs shall not exceed a height of twenty-four (24) feet above grade. d. Placement. Signs shall be placed on the cen- tral fifty (50) percent of the street frontage on properties with less than two hundred (200) feet of frontage,' or fifty (50) feet from an abutting parcel of property upon properties with an excess of two hundred (200) feet of frontage. Signs on corner properties may be placed near the inter- section of street property lines. REAL ESTATE AND CONSTRUCTION SIGNS. One (1) nonilluminated construction sign shall be per- mitted per street frontage on each parcel of property not exceeding an area of twelve (12) square feet. 4. MARQUEE SIG~]S, a. Number. One (1) sign shall be permitted for each business. b. Area. Signs shall not exceed anarea of eight (8) square feet. 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 and Clearance Above Grade. Signs shall have a maximum face height of nine (9) inches, and the lowest portion of same shall not be less than seven feet three inches (7'3") above grade. -9- (9) FREEWAY SIG~/D///~ ZOUE. zone (a) Purpose. This special overlay d~is:intended to provide for and regulate certain on-oremise ground signs which identify freeway oriented 5~sinesses in commercial districts located at freeway interchanges. For purposes of this section, a freeway oriented business shall mean a business with the primary purpose of pro- viding highway related services, lodging or products to non-resident travelers on interstate freeways. (b) Establishment an~ Loc~tion of FreeL, a..~ Sic Freeway sign Eie%~~ shall be suuerimDosed upon tke basic ~ districts depicted on the official Zoning Map of the City, and shull encompass an area of seven hundred (700) feet from the intersection of centerlines of a freeway and an intersecting Street or highway with access to such freeway. (c) Establishment of Base Elevation. A common base elevation is ileresy estabiisned for each interchange, as the higher elevation of the t'wo intersecting centerlines [e.g. one thousand nine hundred ninety eight (1,998) feet for the Highway 66 centerline as it intersects the Inter- state 5 Freeway centerline]. (d) Ground Sign Regulations. 1. Number. One (1) si~n'sha!l be permitted for each parcel of property in lieu of the ground sign allowed under subsection (8) of this Section 20. 2. Area. Si ~s0~ball not exceed an area of/c~ three 3. Height. Signs shall not exceed a height of (80) ~ feet above the base elevation as established herein. (12)~ ABANDONED SIGNS. All signs pertaining to businesses or occupants whose products or services have ceased to be offered to the public on the premises shall be removed within thirty (30) days. ~13~] ABATEMENT OF NUISANCE SIGNS. The following signs are hereby declared a public nuisance and shall be removed or the nuisance abated within sixty.(60) days from the effective date of this section: (a) Temporary and Moveable Signs, except as may be permitted under subsection (1) hereof entitled "Exempted Signs." (b) Flashing signs (c) Moving and rotating signs (d) Wind Signs and devices (e) Abandoned signs pertaining to businesses or occupants whose products or services have ceased to be offered to the public o5 the premises. {E4~F ABATEMENT OF BILLBOARDS AND OFF-~RE~4ISE ADVERTISING. All bill- boards and other off-premise advcrtisi~g'signs are hereby declared a public nuisance and shall be removed within six (6) months from the effective date of this section. -10- (a) Materials of Construction. 1. Single and Two Family Residential DiStricts. All signs and their supporting members may be constructed of any material, subject to the provisions of this sub- section. Multiple Family Residential Districts. All signs and their supporting members shall be constructed of incombustible materials or fire retardant treated wood, which maintains its fire resistive qualities when tested in accordance with the rain and weathering tests of the U.B.C. Standard ~o. 32-37, unless ether- wise provided in this subsection. Commercial and Industrial Districts. 'All signs and their supporting members shall be constructed of incom- bustible materials or fire retardant'treated wood Which maintains its fire resistive qualities when tested in accordance with the rain and ~eath~ring tests of the U.B.C, Standard No. 32-37, unless ether wise provided in this subsection. 4. Real Estate and Construction Signs. All signs may be constructed of compressed wood particle board or other material of similar fire-resistivity. 5. Directly Illuminated Signs. All signs illuminated from within may be faced vith plastics approved by the Building Code. 6. Signs Within Buildings. All signs located com- pletely inside a building or structure may be of any material not prohibited by other requirements of this Section. 7. Glass. All glass used in signs shall be shatter- resistant, 8. Wood. I~od in contact with the ground shall be foundation grade redwood, foundation grade cedar, all heartwood cypress,. or any species of wood which has been pressure-treated with an approved preservative. Trim and backing strips may be constructed of wood. (b) 9. Wall and Projecting Signs. Signs of twenty (20) square feet or less may be constructed of~y non-t~eated wood. Construction Methods. 1. All signs shall be constructed of such materials or treated in such a manner that normal weathering shall not harm, deface or othen~ise affect t~e sign. 2. All letter, figures and similar message elements Shall be safely and securely attached to the sign structure. 3. All signs shall be designed and constructed to resist the applicable wind loads set forth in the Building (c) Eainteoance. 'f."'AI1 signs shall be maintained at all times in a state of good repair, and no person shall maintain or permit to be maintained, on any premises owned or con- trolled by him,.any sign which is in a sagging, leaning, fallen, decayed, deteriorated, or other dilapidated or unsafe condition. -11- SECTION II Ordinance Nos. 1657, 1661 and 1714 are hereby repealed, and Section 3. (41) is hereby deleted from Ordinance No. 1361. The foregoing Ordinance was first read on the day of , 1973, and duly PASSED and ADOPTED this day of , 1973. Joseoh M. Butler City Recorder SIGNED and APPROVED this ~ay of , 1973 Archie C. Fries. Mayor -12-