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HomeMy WebLinkAbout2440 Amends Sign OrdinanceORDINANCE NO. 2440 AN ORDINANCE AMENDING CHAPTER 18.96 OF TITLE 18 OF THE ASHLAND MUNICIPAL CODE, THE SIGN ORDINANCE, IN ITS ENTIRETY. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 18.96 of Title 18 of the Ashland Municipal Code, the "Sign Ordinance of the City of Ashland" is hereby amended in its entirety, as set forth in Exhibit "A" attached hereto and made a part hereof. The foregoing ordinance was first read by title only pursuant to Article X Section 2(c) of the Ashland City Charter on the 5th day of January, 1988 and duly PASSED and ADOPTED this IC;#<- day of January, 1988. '~~~ Nan E.. F anklin City Recorder SIGNED and APPROVED this c5?6 ~day of January, 1988. x~~ L. Gordon Medaris Mayor Sections: l:B.96.0l0 liB.96.020 1iB.96.030 liB.96.040 lB.96.050 lB.96.060 lB.96.070 lB.96.080 lB.96.090 lB.96.l00 18.96.110 1:B.96.l20 1:B.96.l30 18.96.140 18.96.150 CHAPTER 18.96 SIGN REGULATIONS Purpose Definitions Relating to Signs Exempted Signs Prohibited Signs Sign Permits General Sign Regulations Residential Sign Regulations Commercial - Downtown Overlay District Commercial, Industrial and Employment Districts Freeway Sign Zone Abatement of Nuisance Signs Construction and Maintenance Standards Nonconforming Signs Enforcement Governmental Signs liB.96.0l0 Purpose. This Chapter shall hereafter be known and designated as the "Sign Ordinance of the City of Ashland", and is adop"ted in recogni tion of the important function of signs and the need to safeguard and enhance the economic and aesthetic values in the City of Ashland through regulation of such factors as size, number, location, illumination, construction, and maintenance of signs; and thereby safeguard and public health, safety and general welfare. lB.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 area included within 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 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 ~iterials except for the supporting framework. 4. Building Face of Wall - All window and wall area of a buildin9 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 entrance/exit open to the general public. 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 buildin9. 10. Direct Illumination - A source of illumination on the surface of a sign or from within a sign. II. Election - The time designated by law for voter to cast ballots for candidates and measures. 12. Flashing Sign - 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. 13. Frontage - The single wall surface of a building facing a given direction. 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. Roof Sign - Any sign erected upon, against, or directly above a roof or top of or above the parapet of a building. 22. 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-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. 23. Sign - Any identification, description, illustration, symbol or device which is placed or affixed directly or indirectly upon a building, structure or land. 24. Sign, Public - A sign erected by a public officer or employe4: in the performance of a public duty which shall include, but not be limited to, motorist informational signs and warning lights. 25. Street frontage - The lineal dimension in feet that the property upon which a structure is built abuts a public street or streets. 26. 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, sandwich boards, sidewalk signs, curb signs, balloons or other air or gas- filled balloons. 27. Wall Graphics - Including but not limited to any mosaic, mural or painting or graphic art technique or combination or groupin9 or mosaics, murals, or paintings or graphic art techniques applied, implanted or placed directly onto a wall or fence. 28. Wall Sign - A sign attached to or erected against the wall of a building with the face in a parallel plane of the buildin9 wall. 29. 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. liB.96.030 Exempted signs. The following signs and devices shall not be subject to the provisions of this chapter except for 18.96.1.40. A. Informational signs placed by the City of Ashland, or by the state of Oregon in the publicly owned right-of-way. 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 thirty days prior to and removed within seven days following an election. F. Temporary, non-illuminated real estate (not more than one per tax lot) or construction 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. G. 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 frontage, whichever is greater. H. 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). I. Any sign which is not visible to motorists or pedestrians on any public highway, sidewalk, street or alley. K. 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. (Ord. 2323, 1984). 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. (Ord. 2221 52, 1982) 18.96.040 Prohibited Signs A. No sign, unless exempt or allowed pursuant to this Chapter, shall be permitted except as may be provided in Section 18.96.030. (Ord. 2221 53, 1982). 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 permitt1ed except as may be provided in Section 18.96.030. 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. 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 ClO) 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 by Section 18.96.060CD). 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. 18.96.050 Sign Permits. A.. Sign permit required. A sign permit is required in each of the following instances: 1. Upon the erection of any new sign except exempted signs. 2. To make alteration to an existing sign, including a change in the size or materials. Permits shall not be required for minor maintenance and repairs to existing signs or for changes in sign copy for conforming signs. 3. To alter an existing non-conforming sign, subject to Section 18.96.l50. 4. To erect a temporary sign for a new business subject subject to Section l8.96.050CD). B.. Required Information for a Sign Permit. For the purposes of review by the Staff Advisor and Building Official, a drawing to scale shall be submitted which indicates fully the material, color, texture, dimensions, shape, relation and attachment to building and other structures, structural elements of the proposed sign, and the size and dimensions of any other signs located on the applicant's buildin9 or property. C. Temporary Signs for New Businesses. The Staff Advisor or his designate can issue a permit for a temporary sign for new businesses for a period not to exceed seven days. A permit is required for these signs but the permit fee is waived. D. Unsafe or illegal signs. If the Staff Advisor or Buildin9 Official shall find that any sign 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 chapter, he shall give written notice to the permittee or owner thereof to remove or alter such sign within seven days. The Staff Advisor or Building Official may cause any sign which is an immediate peril to persons or property, or sign erected without a permit, to be removed immediately, and said sign shall not be re-established until a valid permit has been issued. Failure to remove or alter said signs as directed shall subject the permittee or owner to the penalties prescribed in this Title. E. Sign Permit Record Required. The Planning Department shall keep a copy and permanent record of each sign permit issued. F. Sign Permit Fee. The fee for a sign permit shall be as set forth in a resolution adopted by the City Council. The fee for any sign which is erected without a sign permit shall be double the regular sign fee. 113.96.060 General Sign Regulations. The following general provIsIons shall govern all signs in addition to all other applicable provisions of this Chapter. A. Variances. The following regulations pertaining to signs are not subject to the variance section of this code: 1. Section l8.96.040 - Prohibited signs. 3. Section 18.96.ll0 - Abatement of nuisance signs. 4. Section 18.96.120 - Construction and maintenance standards. 5. The size, height and number of constraints of Sections 18.96.070, 18.96.080, 18.96.090 and 18.96.100, except as may be allowed in l8.96.l30. B. 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 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. C. Bulletin Board or Reader Board. Twenty (20) percent of permitted sign area may be allowed as a bulletin board or reader boa rd. D. Placement of signs. 1. Near residential. No sign shall be located in a commercial or industrial district so that it is primarily visible only from a residential district. 2. Near street intersections. No signs in excess of two and one-half feet in height shall be placed in the vision clearance area. The vision clearance area is the triangle formed by a line connecting points twenty-five feet from the intersection of property lines. In the case of an intersection involving an alley and a street, the triangle is formed by a line connecting points ten feet along the alley and twenty-five feet along the street. When the angle of intersection between the street and the alley is less than 30 degrees, the distance shall be twenty-five feet. This provision shall apply to all zones. 3. Near driveways. No sign or portion thereof shall be erected within ten feet of driveways unless the same is less than two and one-half feet in height. 4. In future street right-of-way. No sign or portion thereof shall be erected within future street right-of-ways, as depicted upon the Master Street Plan, unless and until an agreement is recorded stipulating that the sign will be removed or relocated upon street improvements at no expense to the City. 10.96.070 Residential Sign Regulations. Signs in residential districts (R) shall conform to the following regulations: Au Special provisions: 1. No sign or portion thereof shall extend beyond any property line of the premises on which such sign is located. 2. Internally illuminated signs shall not be permitted. 3. Nothing contained herein shall be construed as permitting any type of sign in conjunction with a commercial use allowed as a home occupation, as no signs are allowed in conjunction with a home occupation. Signs in residential areas are only permitted in conjunction with a Conditional Use. B. Type of signs permitted. 1. Neighborhood identification signs. One sign shall be permitted at each entry point to residential developments not exceeding an area of six square feet per sign with lettering not over nine inches in height, located not over three feet above grade. 2. Conditional Uses. Uses authorized in accordance with the Chapter on Conditional Use Permits may be permitted one ground sign not exceeding an overall height of five feet and an area of fifteen square feet, set back at least ten feet from property lines; or one wall sign in lieu of a ground sign. Such signs shall be approved in conjunction with the issuance of such conditional use permit. Said signs shall not use plastic as part of the exterior visual effect and shall not be internally illuminated. 3. Retail commercial uses allowed as a conditional use in the Hailroad District and traveler's accommodations in residential zones shall be allowed one wall sign or one ground sign which mE~ets the following criteria: a) The total size of the sign is limited to six square feet. b) The maximum height of any ground sign is to be three feet above grade. c) The sign must be constructed of wood and cannot be internally illuminated. 10.96.080 Commercial-Downtown Overla District (C-l-D). Signs III the CommercIa -Downtown Over ay DIstrIct shall con orm to the following regulations: A~ Special Provisions. l. Frontage. The number and use of signs allowed by virtue of a given business frontage shall be placed only upon such business frontage, and no building shall be credited with more than two busi.ness frontages. 2. Aggregate number of signs. The aggregate number of signs for each business shall be two signs for each business frontage (a frontage with an entrance/exit open to the general public) . 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. Total sign area shall not be more than one square foot of sign area for one lineal foot of legal business frontage. This area shall not exceed sixty square feet. c) Projection. Signs may project a maximum of eighteen inches 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 18.96.060CF). d) Height. No ground sign shall be in excess of five feet above grade. I . 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 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. Projecting 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. . lSi.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 area of signs allowed by virtue of a given business frontage shall be placed only upon such business frontage and no building shall be credited with more than two business frontages. 2. Aggregate number of signs. The aggregate number of signs for each business shall be two signs for each business frontage (a frontage with an entrance/exit open to the general public). 3. Aggregate area of signs. The aggregate area of all signs established by and located on a given street frontage, shall not exce,ed an area equal to one square foot of sign area for each lineal feet of street frontage. Aggregate area shall not include nameplates, and temporary real estate and construction signs. B. Types of Signs Permitted. I. 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. Total sign area shall not be more than one square foot of sign area for one lineal foot of legal business frontage. This area shall not exceed sixty square feet. c) Projection. Except for marquee or awning signs, a projecting sign may project a maximum of eighteen inches 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 pro- ject 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 per- mitted 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 18.96.060CF). 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. 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. 18.96.100 Freeway Sign Zone. A. Purpose. This special overlay zone is intended to provide for and regulate certain ground signs which identify businesses in commercial districts located at freeway interchanges. B. Establishment and Location of Freeway Sign Zones. Freeway sign zones shall be depicted on the official zoning map of the City and identified as the Freeway Overlay District. C. Freeway Overlay Sign Regulations. All signs in this district shall comply with Section 18.96.090, except for ground signs, which shall comply with the provisions of Section 18.96.l00(D), ground sign regulations. D. Ground Sign Regulations. I. Number. One freeway sign shall be permitted for each lot in addition to the signs allowed by 18.96.090 of this Chapter. (Ord. 2290S3, 1984) 2. Area. Signs shall not exceed an area of one hundred (100) square feet per sign. 3. Height. Signs shall not exceed a height of 2028 feet above mean sea level. 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 and movable signs. C. Illegal signs. D. Signs in obvious disrepair which are not maintained according to the standards set forth in 18.96.120C. 18.96.120 Construction and Maintenance Standards. A. Materials of construction. I. Single and Multi-family residential districts. All signs and their supporting member may be constructed of any material subject to the provisions of this Chapter. 2. Commercial and industrial districts. All signs and their supporting members shall be constructed on non- combustible 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. Standards No. 32-37, unless otherwise provided in this Section. 3. Non-treated signs. All wall, ground, marquee and projecting signs of twenty square feet or less may be constructed of non-treated wood. 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 with plastics approved by the Building Code. 6. Glass. All glass used in signs shall be shatter- resistant, or covered by a shatter-resistant material. 7. Wood. Wood 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. Construction Methods. 1. All signs shall be constructed of such materials or treated in such manner that normal weathering will not harm, deface or otherwise affect the sign. 2. All letters, figure 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 Code. C. Maintenance All signs shall be maintained at all times in a state of good repair, and no person shall maintain or permit to be maintained or any premises owned or controlled by him, any sign which is in a sagging, leaning, fallen, decayed, deteriorated or other dilapidated or unsafe condition. 18.96.130 Nonconforming Signs. A. Any sign which does not conform with a provision of the Ashland Sign Code, and has been in existence for more than five years, is subject to this Section. B. Alteration of any existing nonconforming sign. It is unlawful to alter any existing nonconforming sign. The sign must be brought into conformance with this Title upon any physical alteration. Acts of God or vandalism which damage these nonconforming signs shall be exempt from this Section, if the cost of the repair is less than 50% of the cost of replacing the sign with a conforming sign. However, the signs must be restored to their original design and a permit with a $10.00 fee will be required prior to the repair work. C. Any nonconforming sign used by a business, shopping center, or business complex must be brought into conformance prior I . to any expansion or change in use which requires a Site Review or Conditional Use Permit. All nonconforming signs must be brought into conformance with the same provisions as are required for new signs. No building permits for new construction may be issued until this provision is complied with. D. Variances can be granted using the variance procedure of this Title to alleviate unusual hardships or extraordinary circumstances which exist in bringing nonconforming signs into conformity. The variance granted shall be the minimum required to alleviate the hardship or extraordinary circumstance. (Ord. 2357 5, 1985) 18.96.140 Enforcement. The portions of this Chapter relating to the structural characteristics and safety of signs shall be enforced by the Building Official or his designate; all other portions shall be enforced by the Staff Advisor or his designate. (Ord. 2176, 1982) 18.96.150 Governmental Signs Governmental agencies may apply for a Conditional Use to place a sign that does not conform to this Gode when the Commission determines that, in addition to the criteria for a conditional use, the sign is necessary to further that agency's public purpose.