HomeMy WebLinkAbout2221 Off-Premise Advertising
ORDINANCE NO. 2221
l~N ORDINANCE ADDING PROVISIONS TO CHAPTER 18.96
OF THE ASHLAND MUNICIPAL CODE WHICH RELATE TO
COMMERCIAL OFF-PREMISE ADVERTISING, AND DECLARING
AN EMERGENCY.
~~EREAS, the Council of the City of Ashland, recognlzlng
that its zoning ordinance covering outdoor advertising is in
need of revision and amendment in order to comply with require-
ments of the First Amendment of the Constitutio,n and in order
to pro'vide for public health, safety and general welfare of the
citizens of the City of Ashland, the Council does hereby deter-
mine the necessity of amending the zoning ordinance as hereinafter
more particularly described; and
billboards
1~EREAS, it is hereby determined that/carrying commercial
messages is unduly distracting to motorists, creates a traffic
hazard, and reduces the effectiveness of signs needed to direct
the pw)lic. It is also determined that this City is famous for
its Shakespearean Festival, its other theatrical attractions and
its seat of Renaissance learning, and as such is a great attraction
for students and tourists, and that the appearance of the City is
marred by outdoor advertising signs carrying commercial messages;
and
1~EREAS, outdoor advertising signs carrying commercial
messages should be prohibited. The outdoor advertising signs of
least value to the people of the City of Ashland are those which
carry eommercial advertising other than the advertisement of any
product, service, event, person, institution or business located
on the premises where the sign is located, the sale or rental of
the premises, or an outdoor advertising sign carrying noncommercial
advertising; and
1~EREAS, the purpose of this regulation is to place restrict-
ions on outdoor advertising signs which carry commercial advertising
in order to relieve the advertising impact of outdoor commercial
advertising on adjacent business, to reduce sign clutter, to provide
for a Inore visually pleasing environment, to safeguard investment
in buildings and open spaces, to augment the ordinances regulating
on-pr~nises signs, to protect the rights of street and highway users,
to promote traffic safety and to promote the health, safety and
general welfare of the City of Ashland.
NOW THEREFORE, THE PEOPLE OF THE CITY OF ASHLAND ORDAIN AS
FOLLO~lS :
SECTION 1. Section 18.96.020 of the Ashland Municipal Code per-
taining to sign definitions, is hereby amended in i'ts entirety,
and shall read as follows:
"18.96.020 Definitions relating to signs.
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A.
Alteration - Any change in the size, shape, method of
illumination, position, location, copy, construction,
or supporting structure of a sign.
Area - The area included within the outer dimensions
or-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.
B.
C.
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.
D.
Building face or wall - All window and wall area of a
building in one plane or elevation.
Bulletin board, changeable copy sign, or reader board - A
sign of a permanent nature, but which accommodates change-
able copy, indicating the names of persons associated with,
events conducted upon, or products or services offered
upon the premises upon which sign is located.
E.
F.
G.
Business - A commercial or industrial enterprise.
,
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.
H.
Business premises - A parcel of property or that portion
thereof occupied by one tenant.
Cano~y - A non-movable roof-like structure attached to a
buil ing.
I.
J'.
Commercial Messa es or Commercial Advertisin: A message
or a vertising appearlng on an outaoor a vertising sign
which seeks to induce or influence the reader to buy, use
or consume products or services advertised to the eventual
benefit of the advertisers and which is not noncommercial
advertising.
Construction sign - A sign stating the names, addresses or
businesses directly associated with the construction project
on the premises.
Direct illumination - A source of illumination on the sur-
face of a sign or from within a sign.
Election - The time designed by law for voters to cast
ballots for candidates or for or against measures.
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" T.
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Flashing sign - A sign incorporating intermittent electrical
impulses to a source of illumination or revolving 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.
o.
F~onta~~ - T~e single wall surface of a buildi.ng facing a
glven lrectlon.
P.
Ground sign - A sign elected on a free-standing frame,
mast or pole and not attached to any building. Also known
as a Hfree-standing sign."
Q.
Incidental sign - A sign intended primarily for the con-
venience and direction of the public on the premises which
does not advertise but is informational only. Includes signs
which denote the hours of operation, credit cards accepted,
entrances and exist, and signs required by law.
R.
Indirect illumination - A source of illumination directed
toward a sign so that the beam of light falls upon the
exterior surface of the sign.
Illegal sign - A sign which is erected in violation of the
Ashland Sign Code (18.96).
S.
u.
Marquee ~i~n - A sign which is painted on, attached to, or
supporte y a marquee, awni.ng or canopy.
Marquee - A non-movable roof-like structure which is self-
draining.
Measures or Ballot Measures - Ouestions submitted by state,
county, municipal, public or government authorities for
decision by the voters at an election.
v.
\-l.
Neighborhood identification - A sign located on a wall or
fen~e at the entry point to a single-family subdivision
comprising not less than. two acres, or a sign identifying
a multiple-family development of ten or more dwelling units.
x.
Noncommercial messages or Noncommercial advertising - Mess-
ages or advertising appearing on an on-premise sign or on an
outdoor advertising sign which is a public sign or which
conveys a message or information dealing with political,
public interest, public service, educational, election,
ballot measure, religious purpose, health or disseminate
noncommercial speech as defined in Metromedia, Inc. v.
San Diego, 453 US 101 S. Ct. 2882, 69 L. Ed. 2nd 800
(July, 1981).
Y.
Nonconforming sign - An existing sign, lawful at the time
of enactment of this Ordinance which does not conform to
the requirements of this Code.
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AA.
BB.
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RH.
II.
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directional si n - A sign that identifies
an glves irectlona in ormation to a commercial estab-
lishment or other use not on the same property.
on-~remise sign - A sign which advertises (l) goods,
pro ucts or services which are sold, manufactured or
distributed on or from the premises on which the sign is
located; or (2) facilities located on the premises on
which the sign is located.
Outdoor advertising si~~ - A sign which advertises (1) goods,
products or services w ich are not sold, manufactured or
distributed on or from the premises on which the sign is
located; or (2) a product or service which is only incid-
ental to the principal use carried out on the premises
on which the sign is located.
Parcel or premises - A lot or tract of land under separate
ownership, as depicted upon the County assessment rolls,
and having frontage abutting on a public street.
Political sign - Any temporary sign which supports the
candidacy of any candidate for public office or urges
action on any other matter on the ballot of primary, gen-
eral, or special elections.
projectin~ signs - Signs, other than wall signs, which
are attac ed to and project from a structure or building
face, usually perpendicular to the building face.
Public service sign - A sign which advertises or displays
messages concerning political, cultural, social, educational,
charitable, health or religious subjects.
Real estate sign - A sign indicating that the premises on
which the sign is located, or any protion thereof, is for
sale, lease or rent.
Roof sign - Any sign erected upon, against, or directly
above a roof or top of or above the parapet of a building.
Sig~ - Any identification, description, illustration, symbol,
or evice which is affixed directly or indirectly upon a
building, vehicle, structure or land and which identifies
or directs attention to a product, place, activity, person,
institution or business.
JJ.
Sign, political - A sign that advocates the election of
a candidate or the passage or defeat of a ballot measure.
Si~n, public - A noncommercial sign erected by a public
of icer or employee in the performance of a public duty
which shall include, but not be limited to, motorist
informational signs and warning lights.
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QQ.
Shopping center or business complex - Any building con-
taining more than one business, or any group of buildings
in close proximity to one another sharing parking, owner-
ship and ingress or egress.
Street frontage - The liheal dimension in feet that the
property upon which a structure is built abuts a public
street or streets.
Temporary sign - A sign which is not permanently affixed.
All devices such as banners, pennants, flags (not including
flags of nations), searchlights, sandwich boards, sidewalk
signs, curb signs, balloons or other air or gas-filled
balloons.
Wall graphics - 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 and containing no
copy, advertising symbols, lettering, trademarks or other
references to any product, service, goods or advertising
anything sold on or off the premises.
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.
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 2. Section l8.96.030 of the Ashland Municipal Code
pertaining to exempted signs shall be amended by adding new
s~~sections Land M thereto, which shall read as follows:
"L. Nonconnnercial Messages or Noncommercial Advertising,
except that if a display surface of a sign structure
is not being used to display a noncommercial message
or nonconnnercial advertising, it must be kept clean
and painted white or beige.
M. Any sign which is not visible to motorists or pedes-
trains on any public highway, street or alley; any
off-premise directional sign; any specific information
panel for the direction of motorists which may be
located under authority of any statute on any highway
property ,of the State of Oregon or on any right-of-way
of the City of Ashland.
All of the foregoing exempted signs shall be subject to
the other regulations contained in this Chapter l8.96 relative
to the size, lighting or spacing of such sign."
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SECTION 3. Section 18.96.040 of the Ashland Municipal Code
pertaining to prohibited signs shall be amended by amending
subseetion A thereof in its entirety, which shall read as
follows:
"A. No sign carrying commercial messages or commercial
advertising, or other outdoor advertising signs, shall
be permitted, except as may be provided in Section l8. 96.030,. "
SECTION 4. Section 18.96.130 of the Ashland Municipal Code -oer-
taining to abatement of billboards and off-premise advertising,
is hereby amended in its entirety, and shall read as follows:
"18.96.130. Abatement of Goro.mercial and off-premiseadver-
~:isingsigns .
No commercial messages or commercial outdoor advertising
rnay be displayed in the City of Ashland after 90 days from the
effective date of this Ordinance."
SECTION 5. Severability. This Ordinance, and the various parts,
sections and clauses hereof, are hereby declared to be severable.
If any part, section or clause is adjudged invalid, the remainder
shall remain in full force and effect."
SECTION 6. Emer'gency Clause.
It is hereby adjudged and declared that the existing conditions
are such that this Ordinance is necessary for the preservation of
the public health and safety of the people of the City of Ashland
and that an emergency is hereby declared to exist and this Ordin-
ance shall take effect and be in full force and effect from and
after its adoption by the City Council and approval by the Mayor
The foregoing Ordinance was first read on the ~/d'" day of
of ~~~ , 1982, and duly PASSED and ADOPTED this ....?;;C&( day
of-4~ , 1982.
~~ ~~4A~
Nan E. Fran lin
City Recorder
SIGNED and APPROVED this.z11"#day of ~".dL~ , 1982.
X:~ ~hA~ ~
L. Gor on earlS
Mayor
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