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HomeMy WebLinkAbout2982 Amending AMC 18.96 Sign Code ORDINANCE NO. d ("1 8-~ 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 deletions 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 Firefiqhters. Local 1660. Beaverton ShOD 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 area included \yithin the outer dimensions of a sign. The entire area within circles. trianales or rectanales which enclose the extreme limits of letterina. loao. trademark. or other araohic reoresentation. toaether with any frame or structural trim formina an intearal oart of the disolav used to differentiate the sian from the backaround aaainst which it is olaced. 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. Awninq 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. Buildinq 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 Frontaqe A lineal front footage of a building or portion thereof devoted to a specific business or enterprise, and having an a oedestrian entrance/exit open to the general public durina all business hours. 8. Business Premises A parcel of property or that portion thereof occupied by one tenant. 9. CanoDV A non-movable roof-like structure attached to a building. 10. Construction sian A temoorarv sian erected on the oremises where construction is takina olace durina the oeriod of construction. 40. 11. Direct Illumination A source of illumination on the surface of a sign or from within a sign. 44-:-12.Election The time designated by law for voter to cast ballots for candidates and measures. 4-2.:-13. Flashinq Siqn Sign Code Amendments April 2 J, 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. 13. Frontaae A single wall surface of a building facing a given direction. 14. Ground Siqn 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.lIleqal Siqn A sign which is erected in violation of the Ashland Sign Code (18.96). 17. Marauee Siqn A sign which is painted on, attached to, or supported by a marquee, awning or canopy. 18. Marauee A non-movable roof-like structure which is self-draining. 19. Non-conforminq Siqn An existing sign, lawful at the time of enactment of this Ordinance, which does not conform to the requirements of this Code. 20. Proiectina Sians 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 Sian A oermitted sian not oermanently attached to the around or other oermanent structure includina sandwich boards. oedestal sians. 'A' Frame sians. flaas. and wind sians (not includina flaas of national. state or city aovernmentsl. 22. Public Art Public Art defined. aooroved. and installed in accordance with section 2.17 of the Ashland Municioal Code shall not be reaulated as a sian oer the orovisions of this Chaoter. 23. Real Estate Sian A sian erected on the oremises. where the orooerty. or a oortion of the orooerty. is actively listed for sale or lease. durina the oeriod of sale or lease. 24. Reolacement Sian A chanae in the materials of oermitted sian in which the aooroved sian dimensions. suooortina structure. and location remain unaltered. 24-:- 25. Roof Siqn Any sign erected upon, against, or directly above a roof or top of or above the parapet of a building. 2-2-: 26. ShODDinq Center or Business ComDlex 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 2 J, 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. 23. 27.Siqn 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 sian. 24. 28. Siqn. 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. ~29. Street Frontaqe The lineal dimension in feet that the property upon which a structure is built abuts a public street or streets. 26. 30. TemDorarv Siqn A sign which is not permanently affixed. All devices such as banners, pennants, flags, (not including flags of national, state or city governments), searchlights, sandy:ich boards, side-Nalk signs, curb signs, balloons or other air or gas-filled balloons. 31. Three-Dimensional Sian A sian which has a deoth or relief on its surface areater than six inches exclusive of the suooortina sian structure and not to include oroiectina wall sians. 32. Vehicle Sian A sian mounted on a vehicle. bicycle. trailer or boat. or fixed or attached to a device for the ouroose of transoortina from site-to-site. 2+.33. Wall GraDhics 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. 28.34. Wall Siqn A sign attached to or erected against the wall of a building with the face in a parallel plane of the building wall. ~35. Wind Siqn 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 2 J, 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 sians olaced by the City of Ashland showina the tyoes and locations of various civic. business. recreation. historic interest areas. or other similar uses. when such sians are located on oublically owned riaht-of-way or on City of Ashland orooerty . 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; S1 1999) F. Temporary, non-illuminated real estate (not more than one per tax lot) 9F 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 v:ithin sevcn days of completion of the project. Such sians shall be limited to one sian oer lot. Freestandina temoorarv real estate sians shall be no areater than five feet above arade. G. Temoorarv non-illuminated construction sians on a lot with an aaareaate area not exceedina sixteen (16) SQuare feet in residential areas or thirty-two (32) SQuare feet in commercial and industrial areas. orovided said sians are removed within seven days of comoletion of the oroiect. Such sians shall be limited to no more than four sians oer lot. Freestandina temoorarv construction sians shall be no areater than five feet above arade. ~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 Desian Standards Zone. three incidental sians with a total area of seven SQuare feet. orovided no sinale incidental sian exceeds three SQuare feet in area. are allowable oer business frontaae. W. L 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). h LAny sign which is not visible to motorists or pedestrians on any public highway, sidewalk, street or alley. J. ~Strings of Lights. Strings of incandescent lights in non-residential zones where the lights do not exceed 5 watts per bulb, the bulbs arc placed no closcr than &" 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 K. L Temporary non-illuminated signs not exceeding 16 square feet for charitable fund raising 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 sians used as static displays such that the primary purpose of the vehicle is the display of the sian. placed or parked \\'here visible from off premises or on the public riaht-of-way for a continuous period of 2 days or Sign Code Amendments April 2 J, 2009 Page 6 of 15 more. Vehicles and eQuipment reaularly used in the conduct of the business such as deliverv vehicles. construction vehicles. fleet vehicles. or similar uses. shall not be subiected 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. Frontaqe. 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 -J:ith morc than t\f:o business frontages. 2. Aqqreqate number of sians. The aggregate number of signs for each business shall be two signs for each business frontage (a frontage with an entrance/exit open to thc gcneral 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. Aqqreqate area of siqns. 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. Buildinas with two or fewer business frontaaes shall be permitted one SQuare foot of sian area for each lineal foot of business frontaae. For the third and subseQuent business frontaaes on a sinale buildina. the business shall be permitted one SQuare foot of sian area for every two lineal feet of business frontaae. The maximum sian area on any sinale Sign Code Amendments April 2 J, 2009 Page 7 of 15 business frontaae shall not exceed sixty (60)sQuare feet. Business frontaaes of three or more. on a sinale buildina. shall comply with the followina criteria established within the City's Site Desian and Use Standards: i. A pedestrian entrance desianed to be attractive and functional. and open to the public durina all business hours ii. The pedestrian entrance shall be accessed from a walkway connected to a public sidewalk. c. Proiection. Signs may project a maximum of cighteen inchcs 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. Heiqht. 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. Proiection. 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. Heiqht. Signs shall have a maximum face height of nine inches if placed below the Sign Code Amendments April 2 J, 2009 Page 8 of 15 marquee. e. Clearance above qrade. The lowest portion of a sign attached to a marquee shall not be less than seven feet, six inches above grade. f. Siqns Dainted on a marauee. 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. Proiection. 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. Heiqht 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 Dlacement. No projecting sign shall be placed on any frontage on an arterial street as designated in the Ashland Comprehensive Plan. 5. Three-Dimensional Sians. 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. Flat surfaces in excess of two SQuare feet shall count toward the total aaareaate sian area per 18.96.080(A)4. c. Placement. The three-dimensional sian shall be located so that no sian or portion thereof is within a public pedestrian easement or extends beyond any property line of the premises on which such sian is located into the public riaht-of-wav unless the sian is attached to the face of the buildina and located eiaht feet above arade. or the sian is attached to a marQuee with the lowest portion of the sian not less than seven feet. six inches above arade not proiectina beyond. or above. the face of the marQuee. d. Dimensions. No three-dimensional sian shall have a heiaht. 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 sian shall be calculated as the entire volume within a rectanaular cube enclosina the extreme limits of all parts of the sian and shall not exceed three (3) cubic feet. For the purposes of calculatina volume the minimum dimension for heiaht. width. or depth shall be considered one foot. f. Materials The three-dimensional sians shall be constructed of metal. wood. bronze. concrete. stone. alass. clav. fiberalass. or other durable material. all of which are treated to prevent corrosion or reflective alare. Three dimensional sians shall not be constructed of plastic. Three dimensional sians shall not be internallv illuminated or contain any electrical component. 6 Portable Business Sians a. Number One portable business sian. limited to sandwich boards. pedestal sians. 'A' frame sians. flaas. and wind sians. shall be allowed on each lot exceptina that buildinas. businesses. shoppina centers. and business complexes with permanent around sians shall not be permitted to have portable sians. b. Area. Sian area shall be deducted from the aaareaate sian allowed for exempt incidental sians established in 18.96.030(H). Sians shall not exceed an area of four (4) SQuare feet per face includina any border or trim. and there shall be no more than two (2) faces. c. Heiaht. Sandwich board sians and 'A' frame sians shall not extend more than three (3) feet above the around on which it is placed. Pedestal sians shall not extend more than four (4) feet above the around on which it is placed. A freestandina wind sian shall not extend more than five (5) feet above the around on which it is placed. d. Placement. Sians shall be placed so that no sian or portion thereof shall extend beyond any property line of the premises on which such sian is located. Portable sians shall be located within ten feet of the business entrance and shall not be placed on public riaht-of-wav. No portable business sian shall be constructed and placed so as to interfere with pedestrian inaress and earess as reaulated within the Ashland Municipal Code. e. General Limitations Sians shall be anchored. supported. or desianed as to prevent tippina over. which reasonablv prevents the possibilitv of sians becomina hazards to public health and safety. Sians shall not be constructed of plastic. illuminated or contain any electrical component. No obiects shall be attached to a portable sian such as but not limited to balloons. Sign Code Amendments April 2 J, 2009 Page 10 of 15 banners. merchandise. and electrical devices. Portable business sians shall be removed at the dailv close of business. These sians are prohibited while the business is closed. SECTION 6. Chapter 18.96.090 of the Ashland Municipal Code [SIGN REGULA TION$: 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. Frontaqe. 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 crcdited -....ith morc than M'O business frontagcs. 2. Aqqreqate number of siqns. The aggregate number of signs for each business shall be two signs for each business frontage. 3. Aqqreqate area of siqns. 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. Total sign arca shall not be morc than one square foot of sign arca f-or one lineal f-oot of legal business frontagc This area shall not exceed sixty squarc f.oet. Buildinas with two or fewer business frontaaes shall be permitted one SQuare foot of sian area for each lineal foot of business frontaae. For the third and subseQuent business frontaaes on a sinale buildina. the business shall be permitted one SQuare foot of sian area for every two lineal feet of business frontaae. The maximum sian area on any sinale business frontaae shall not exceed sixty (60)sQuare feet. Business frontaaes of three or more. on a sinale buildina. shall complv with the followina criteria established within the City's Site Desian and Sign Code Amendments April 2 J, 2009 Page 11 of 15 Use Standards: i. A pedestrian entrance desianed to be attractive and functional. and open to the public durina all business hours ii. The pedestrian entrance shall be accessed from a walkwav connected to a public sidewalk. c. Proiection. Except for marquee or awning signs, a projecting sign may project a maximum of eighteen inchcs 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. Heiqht. 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. Proiection. 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. Heiqht. Signs shall have a maximum face height of nine inches if attached to the marquee. e. Clearance above arade. 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 2 J, 2009 Page 12 of 15 f. Sions Dainted on a marauee. 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 Sians a. Number One portable business sian. limited to sandwich boards. pedestal sians. 'A' frame sians. flaas. and wind sians. shall be allowed on each lot exceptina that buildinas. businesses. shoppina centers. and business complexes with permanent around sians shall not be permitted to have portable sians. b. Area. Sian area shall be deducted from the aaareaate sian allowed for exempt incidental sians established in 18.96.030(H). Sians shall not exceed an area of four (4) SQuare feet per face includina any border or trim. and there shall be no more than two (2) faces. c. Heiaht. Sandwich board sians and 'A' frame sians shall not extend more than three (3) feet above the around on which it is placed. Pedestal sians shall not extend more than four (4) feet above the around on which it is placed. A freestandina wind sian shall not extend more than five (5) feet above the around on which it is placed. d. Placement. Sians shall be placed so that no sian or portion thereof shall extend beyond any property line of the premises on which such sian is located. Portable sians shall be located within ten feet of the business entrance and shall not be placed on public riaht-of-wav. No portable business sian shall be constructed and placed so as to interfere with pedestrian inaress and earess as reaulated within the Ashland Municipal Code. e. General Limitations Sians shall be anchored. supported. or desianed as to prevent tippina over. which reasonablv prevents the possibilitv of sians becomina hazards to public health and safety. Sians shall not be constructed of plastic. illuminated or contain any electrical component. No obiects shall be attached to a portable sian such as but not limited to balloons. banners. merchandise. and electrical devices. Portable business sians shall be removed at the dailv close of business. These sians are prohibited while the business is closed. 5. Three-Dimensional Sians. 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 2 J, 2009 Page 13 of 15 Flat surfaces in excess of two SQuare feet shall count toward the total aaareaate sian area per 18.96.090(A)4. c. Placement. The three-dimensional sian shall be located so that no sian or portion thereof is within a public pedestrian easement or extends beyond any property line of the premises on which such sian is located into the public riaht-of-wav unless the sian is attached to the face of the buildina and located eiaht feet above arade. or the sian is attached to a marQuee with the lowest portion of the sian not less than seven feet. six inches above arade not proiectina beyond. or above. the face of the marQuee. d. Dimensions. No three-dimensional sian shall have a heiaht. width. or depth in excess of three feet. e. Volume. The volume of the three-dimensional sian shall be calculated as the entire volume within a rectan ular cube enclosin the extreme limits of all arts of the si nd shall not exceed three 3 cubic feet. For the purposes of calcul tina volume the minimum dimension for heiaht. width. or depth shall be considered one foot. f. Materials The three-dimensional sians shall be constructed of metal. wood. bronze. concrete. stone. alass. clav. fiberalass. or other durable material. all of which are treated to prevent corrosion or reflective alare. Three dimensional sians shall not be constructed of plastic. Three dimensional sians shall not be internallv 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,-GJ! movable signs or portable sians located on the publiclv owned riaht-of-wav. 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 amendmenUrepeal: 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-Iettered, 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 0 dan Section 2(C) of the City Charter on the L day of and duly PASSED and ADOPTED this ~ day of ~,t~ Barbara M. Christensen, City Recorder SIGNED and APPROVED this ~ day Of~, 2009. with Article X, ,2009, ,2009. Reviewed as to form: Sign Code Amendments April 21, 2009 Page 15 of 15