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Home My WebLink About1973-10-11 Planning MIN ~emt1randum October 11, 1973 . 'CITo: Honorable Mayor & City:Council Jf rom: Planning Commission ~ubjed: 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. Al though the Condi tio,nal Use Permit was approved subj ect 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 adjacen~ 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-l 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 ~lountain Avenues. The zone was originally changed for a mobile home park, and at a reiative low density could have 150 spaces. 2. The ~ublic need for this development was not demonstrated to the satisfactlon of the 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 (Wingspread 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" had 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, . c. It was not good practice to create a parcel of R-3 (multiple- family) zoning surrounded on all sides by rural-residential zoning. Due to possible problems with a limited amount of city water supplies it would be inadvisable to create higher densities causing more usage of this water. Because of the number of spaces which are being created or might be created there was no public necessity at this time. b. d. ss ~~;2.0~~ . Br i an L. A1I]J.Ct1fi;;~/ Executive Secretary ^,"hnd P1'~ Cn~binn ;1 lit ,,;'1' f:ii i;;,~i IS, ~~\: ;,~, . f;]r l t t::~1 f '.' i',.." , . t, ~1i k i ;,;/ f ~ j;i '~i " ~. L41 r~~';-c.b.<d~~.~,:i;\.;":"",,, M '. , I r -, ..,' ,-..._-.",~..,,--_..-.., !i', ~'~""~, ff,~\' ..' ,.,.. " ,: ' CL, A;.' ~~; l;l t~,,~.~,,"';;r~i:::::~~ );~ UIl r .~~tl~'. '~)~~'(1'~:::':~"~ ~ I'I~' ",":3\"1, ",;,:,:~#;)! '",," - ',~~~,."",,~,/^~~' ,'~' ~I~i ,~..... '[,' ~1 ~J ~>:'" _'~,;,' ;. ',) ~ . 14 ni'l ~~'.1 "..'~; , ~ ~,~I: K-1';" fi. ...... , J ~:I\,~" . " ~, ~;~\,:~:,; ~~ JEJ ' ~i~;. ;,'" A; '~f.'; ,- ,&' :!. " b"" ,~.;. r:l: ~~J;;&;}~itW;*!;%t~{fjj\jf?"~""~""'" ....", ~ :(~". 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' ,:t .~ -, " !!'ll.-\,'iJ.{ r~. - \i 1: i( t'i~~': l"\.' ~\) ;7....;, .1.;/tr;')j ~ ~,m\ i~ ---!f.~ .'i!.~' W 'Q;]'St Eo!- ~p :-:- :::ti,':\ ~:::.:- 'i':.J ~.:j-: f, ,-;..~ ~.:/ '" IP :; " It. " , ,;.: ..~ N. ..,~ .. ~ .., I" ..', "' t-'f/ :i' , , ~- !"z 4.2 '.~ ,", /. ~,~;~..~ -i-::";'~'I:'?I"/' .,.. .,' "~,.. -; ; /,' ~:< .:0]"'--; /C' ../... . 1 ~ ~ I I .). .~- ,':' 1... v- ,.;", !JI ,\ .'i. <, '" ~. " '. ,,-":' " ~ .. , ~, i I , , I ,II i i . '. /- ,', .t , .f) /,:11 ~ /'1 't" ,,' t ":~I I , '., t 7' ,..... tit . RONALD L. SALTER ATTORNEY AT l-AW 70 NORTH f"IONEER STREET P. O. BOX 727 AREA CODE 503 TIHEPHONE 4B2~4215 ASHLAND. OREGON 97520 October 9, 1973 MEMORANDUM TO: FROM: SUBJECT: The Mayor and Members of the Common Council Ronald L. Salter, City Attorney Proposed Sign Ordinance - Review l The Council has requested that l 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 ,that we are right. Accordingly, we propose some changes which are not mandatory for the 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 separa'tely. The first was that the wording was not clear and unambiguous. This was with respec~ 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 shall 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 Grandfather 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) Sign Permit Recuired. 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 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 required for minor maintenance and repairs to existing signs, or for changes in sign copy, provided no alterations are made to the sign." It has been suggested that the Section dealing with signs on vehicles is not properly placed in the Sign Ordinance and with this suggestion, I do agree. Acco~dingly i~ is proposed 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 the proposed Ordinance can only be supported by aesthetic considerations. These are found on page Sand deal with a prohibition against three-dimensional signs, etc. (Section 5), neon,and similar signs (Section 8) and aJJ -. . " To: Mayor and Members of the Common Council October 9, 1973 , ,.I " 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 traditional 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 Court 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 provJ.HonS requJ.rJ.ng 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 s~orter 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 pe riod 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: j "Abatement of Temporary and Movable Signs. 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 establish and file proof at City Hall that a sign had a value on the date of this 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 (b) be amended to read as follows: "(13) (b) Flashing signs VISIBLE FROM A PUBLIC HIGHWAY." Subsections (c) (Moving and Rotating Signs) ~nd (d) (Wind Signs and Devices) may well be removed since we have very few such signs in the City and the definition of flas::ing signs does tend to cover the objectionable characteristics of these part 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 purposes of this Ordinance. If you have any questions, I will be more to attempt to answer them. RONALD L. LT City Attorney RLS:gm _,co ~~ U it T I-I . ~ rr AFT - - -- ORDINANCE NO. )\,N ORDINA~iCE OF THE CITY, OF A5HLA':O i'u'lENDING ORDINANCE no. 1361, TEE ZONING ORDINANCE, BY ADDING THERETO A NEI, SECTION 20 R~GULATING SIGNS, AND REPEALING ORDINANCE NO. AS AHE:WED. 1657 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 design~ted as the 'S1gn Ordi~ance of the City of Ashland1; and is adopted in recognition of the i~?ortant function of signs and of the ne~d to safeguard and enhance the economic and aesthetic values in the City of Ashland through the reg~lation 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) sMti s~ns within a building, ,provided the same do not_Jdentify~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 nonillurninated 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 (IS) 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 exceeding seven (7) days when authorized by the tttt/~pAinf Official t%itfitpt; and for special city events when, authorized by the .......Ci ty Council. ~- (i) Nameplates indicating the name, address or profession of th~ occupant, not exceeding one (1) square foot. (j) Small convenience signs displayed strictly for the direction, safety or convenience of the public, inclu6in,~' signs which identify restrooms, public telephones,parki~~ area entrances and exits, freight entrances, and credit card signs-providods'aid signs do not exceed two (2) square feet in A~ea~eho~"~6te~than 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- tit . (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 "ainted up- on a wall or window of a buildi~g with the cisplay sur- face of the sign in a plane parallel to said wall. (c) Projecting Sign. supported by a wall of faces of the sign in a said \'1al1. A sign which projects from and is a building I with the display sur-" plane other than parallel to (d) Marq'Jee Sign. to, or supported by A sign which is painted on, attached 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 building. (3) DEFINITIONS RELATING TO SIGHS. (a) Alteration shall mean any change in the size, shape, method of ~llurnination, position, location, construction, or supporting structure of a sign. (b) Area shall mean the area included within the outer dimenSIOns of a sign. In the case of a multiple-faced sign, the area of each face shall he included in determining sign area, excepting double faced signs placed no more than 'twenty-four (24) inches, back to 'back. (cl 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 numbers of those individuals or businesses directly associated with a construction project on the premises. (9) Direct Illumination shall mean a source of illumination on the surface of a sign, or from wiL~in a sign. (h) Flashing Sign s~all 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 d~rected toward such sign 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 UO) or more dwelling units. (k) Parcel or Premises shall mean a lot or tract of land under separate OVlnersIup, as depicted upon the county assessment rolls, and having frontage abutting on a public street. (1) Re~l Estate Sian shall mean a sign' indicating that the premises on which the sign is located, or any portion thereof, is for sale, lease or rent. ern) Sign shall mean any writing (including letter, word, or numeral); pictorial presentation (including .illustration or decoration); emblem (including device, sy~bol or trade- mark); flag (inclua.ing 'banner or.pennant).; "or any other device,. figure or similar thing ....;hich 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 de- 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 serles 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 PElli~ITS, FEES AND INSPECTIONS. (a) Sign Permit Required. It shall be unlawful for any person to erect, establish, -.permi t to remain ,al ter 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 C~de 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. (b) Sign Permit Fees. No siqn permit shall become valid until the applicant hilS paid to the Building Official a permit fee of two percent (2%) of the declared value o~ each sign or two dollars ($2.00), whichever is greater, but not exceeding two hundred dollars ($200.00). The applicable fee 'shall be coubled ",hen the installation of a sign is commenced before obtaining a permit therefor. (c) Unsafe or Illegal Signs. If the Building Official shall flnd that any s~gn lS 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 -3- - said sign as dir8cted, shall subject the permittee or owner to the pen~lties presqribeJ in Secticn 48 of , ----this ordinance. (' ~ PerTI',it Reco'rd Recuircl', T.,c c;uilc'ing Official shall keep 0',: . ~ C----Y a copy and permanent record of each sign permit issued ~ IY-~~ which shall show the permit number. The permittee shall required to permanently display the permit number on the sign or sign structure. . be (5) GENERAL SIGN REGULATIONS. The following 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 Freewavs. Except as~provided ~~ubsection (9) hereof entitled" "Free"'ay Sigri /1/LM:.t/L/::/Cf;I'","'!1h'a except- ing real estate and constructton_sig~o/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 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. 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-af-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 stipula~ing 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 lmltatlon 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. (cl Obstruction bv Signs. No sign or portion thereof shall be placed so that lt 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, temporary siqn, bench sign, wind sisn or device, or captive balloon shall be permitte.d, f~xccpt as may be provided in subection (1) hereof entitled "Exempted Si(jns". - 4- .. ~"':\ 2. No sign shall(be k~t4bi1Y~attached to or placed upon a vehi'c*-e.,-e)~s::..ap.ti.ng signs 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 ~nsist of any moving, rotating-sr-Dtherwise animated 'part. r thre.e-dimenc,ionaZ / , 5. \..N..EA. st:atue, car .l.cat:ure~.....representatl.on of persons7-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 any 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 50 that the beam of light falls directly upon the sign. (el Context of Signs. The lettering and advertising matter on all slgns within the City, except_as_provided ~erein,_ ~_hall-indi,?at-e~t:ne name o'r-nature_O_Lt.~ebU;-D. l.ness "done or serVl.ce rendered upon such premlses I k.M - ;- t)\8.,lU #N:,8.;iN MI J:#kt/dlCN #>1 NM:.& kl<i:.ep,t/ /}.sl .{>,tMA.dM 1 .AN tpJ:,,s##(JNAUMI NdkMI.e~ ! ~ ,$k;t/J4:.i:kI_ , '---!>J;At.!..(JAf,/.," No sign shall be erected or maintained which - -. , is-an-attraction-or-ent-.i:cement,-except'-as-rnav-J5e permitted ~.... in this section. ileferences to pr>iee shall Ee ~imited. to no more "'" "'-- than twenty Fereen.t J20,r,) of ,the .area .of a .perm1-tted s-z..gn. (f) Color of Signs. Signs shall be limited to not more than three (3) colors. In the case of a sign placed on _' -a:bui'lding sUFface,,~the,.color: of- the -bui-lding' 'shalrnot-- be considere~as-a~co~or of the sign. Shades or blendings of color shall .e.a,t)1"1':6nsti tute eI separate colors. Also, black and w~~e-sha~}-~ot Qe_~on~idered-colors. ________Cg-J-:Pic-torial .~~ricature's 01'" r'epl"esentations. pi;-';;;;ial ~ aar1-~atures 01" representations may be incorporated into a sian . prov-z..ded the same are limited to no more than twenty percentU '---- (20%) of the ,area of a permitted sign. ____ __.' _ ' (6) RESIDENTIAL DISTRICTS. Signs in residential districts shall conform to the following regulations: (a) Special Provisions. 1. No sign or portion thereof shall extend bevond any property line of the premises on which such sigry is located. 2. Directly illuminated signs shall not be permitted. 3. Nothing contained herein shall be construed permitting any type of sign in conjunction with commercial use allowed as a home occupation. as a (b) Types of Signs Permitted. 1. NAMEPLATES. One (1) nameplate shall be permitted for each occupant, not exceeding an area of one (I) square foot, attached to and parallel to the exterior wall of, the building. , -5- It . 2. REAL ESTATE AND CONSTRl'CTION 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. ~o (2) signs shall be permitted at each entry point to single family developments, not exce~ding 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 (IO) square .feet, attached to and parallel to the exterior wall of the building. 4. CONDITIONAL USES. Uses authorized in accord- ance with Section 39, excent commercial uses allowed as a home,occupatio~1 may be permitted one (1) ground sign or bulletin board not exceeding an overall height of 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) CO~~1ERCIAL-DO~~TO\VN DISTRICT. Signs in the co~mercia1- 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 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. Sign for residential uses shall conform to the provisions of subsection (6) hereot, pertaining to residential districts. (b) Types of Signs Permitted. 1. WALL SIGNS. a. Number. ~o (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 sqa11 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) inches 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 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 SIGNS. a. Nurr~er. One (1) sign shall 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 a~e identified on .such 5 ign. b. Area. Signs shall not exceed an area of one (1) square foot for each t,.;o (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 oermitted for each business or group of businesse~ occupying a single common space or suite in lieu of a ground sign. ~. Area. Signs shall not exceed an area .of one (I) 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 (I) foot for each t".,ro -(2) feet said sign is ioe- ated in excess of eight (8) feet above grade. The maximum project.ion 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, eave or parapet wall of the building to which they are attached. -7- -. . e. Placement. Signs shall central'fifty percent (50%) frontage to which said sign be placed on the of the business pertains. 4. ~ffiRQUEE SIGNS. a. Number. One (I) 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. d. 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. 5. REAL ESTATE AND CONSTRUCTION SIGNS. One (ll nonillurninated 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 the commercial-downtown district, shall conform to the fol1owing_r~gulations: (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 nurr~er 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- I' -. "","';" --, ;~~;,,- C,, ,,',.. , ...~. -.. t- T'- .'-~' .t;':. , ;; " -, '. X' :.; '- ,c ,_c'}.,: . ,"'C .' ...c- , ..... " " > j d ,',,' .,..~..~...:~,;:..~ -~ .~..,,,-_,__'i~'IM.. ,....:..,...._ .......-...;..-....-. ... ~ " ' . . . , b. "Area,_' :Signs shall .not......exceed an:'..are~:.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. ,- .,' - , -',<;' " "w ,.' ~,' 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'aoove grade. d. ,.'f:Height and Extension:'Above Roof' Lfne'.,' Signs shall have a maximum 'filCe heiqht.o'f five' (5) feet,'- and may not: extend above<the "oof or, eave line of the ~';!ilding. ", 2. GROUND, SIGNS, ;", , . :.,':' -".. ." ,<' : ',~. T ;; l . .' a. ',Number. One (1) sign shall be permitted for ",each parceL with a street frontage .i:p. excess of 'fifty (50) lineal feet. 'Two 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 o~'. such.sign. , . ~ .,' ~, , > " "' l;_. b. "Area. Signs shall not exceed an. area of 'one:,(l) square' foot for each ,t\<o (2) 'lineal feet of'street frontage, with-a. m~ximum area.of. sixty (60) square feet per sign. ' , , ~' .' c.' Height. twenty-four Signs shall' not ,exceed ',a.-\'height of: (24') feet above grade. . ,~ , , ~ d.',-;;Placernent. .Signs shal~ be placed on"'tl~e cen- tral fifty (50)' percent of the street.. frontage on properties wit~ less than two hundred ,.(20.0J feet- of frontage; or fifty (50) ,feet from ah abutting parcel of property u~on properties with-an excess of t",O hundred (200), feet of frontage.;;, 'Signs on co:rner ,proper,ties may be placed near.~the inte~-.'-' section of street property; lines. 3, 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'SIGllS. a.;', Number. One (1) sign'shall be p'erinitted for each' business~.. " , b. ",' Area. Signs shall not exceed an ~a.rea, of eight (8) square feet. .. ,~ '.', ' c.,;' projection. Signs may not project"beyond the face-of the marquee if suspended, or above or below thecface of the marquee if attached to and parallel to the face of, the marquee'. ,,' _ t '..-.'. . -I: " ~ -. If' . ,dO. ":..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" r=-; above grade./ \,. ' .: . ~;,' -!- ,,~ .. . .~, ( " " '-,'. .... -9- lit (9) '~) , FREE~IAY SIGN MS1iR1:{;1:SI" 20/15, '~d . '----- r _ ,zone (a) Purpose. This speci"a-l-overlay ~ is intended to prov~de for and regulate certain\'o...!2..-premise ground signs which identify freeway oriented Dusrn;5ses in commercial districts located at freevTay interchanges. For purposes of this section, a free..vay orientAd business shall mean a business with the primary purpose of pro- viding highway related services, lodging or products to non-reSiden~ _trave~rs on in~erstate freeWay~~. (b) EstahJ.-rshrr,ent a~d~Locatlon of Free,,:ay, Slcm ,~~ Frecvlay ~-ign ~c.-iSlb!i;iJct'd sh~ll be sUl;erimposecl u'pon_tl:.e bahc) idltiirii di's'~:r;:.ic,ts_depic.ted on the official Zoning ~1ap of"the City, and s~all encompass a~ area of seven hundred .(700) feet from the intersection of centerlines of a freeway and an intersecting ~treet or highway w~th access to such freeway. . "'zones (c) Establishment of Base Elevation. A common base elevation is hereby established for each interchange, as the higher elevation of the two intersecting centerlines [e.g. one thousand nine hundred ninety eight (1,998) feet for the High""lay 6 6 centerline as it intersects t!1e Inter- state 5 Freeway centerline]. (d) Ground Sign Requlations. 1. Number. One (1) siqn'shall be permitted for each parcel of property in lieu of the ground sign allowed under subsection (8) of this Section 20. 2. Area. Sig?s~1'J'all not exceed an area of hN.6 three hundred fio'oll squarEl feet oer sign. ~- , /' 3. ~He~ght. Signs shall not exceed a height of f<ptty S1..xtl;! (60) (.4tlJ feet above the base elevation as established herein. ......... --"'-- Wlilll ,(;!.sor.1:,(,;t! Sf:R';;1:cr/SJDfVM6r::S/.1 1 Ail ke'M.-U6f/ W MmI ~ ,f/Ek)./ rrMr.Mi h:Or! k.'v'd ,M,I,;,t,r,iW ,i,n! X"Mehl k./ ,gaS61A.f~ h<>17&A.6Y MMAi,w A/;/ .166LI #.M/,I j"MI.6Mn{-,M&1/.:I.<:6PYI.puceIsigfV,1 f.l6f/ k0':kM1A1{v',aW JYrMI Mi MkMrkl 1(/.1/21/ .s6'{:.i"&:N ofMi/,1 .6f:1 NM-iM.f/ UJ .1.,:"<;(1 lcA.AIA'A,6t1 ..sf,MAI;bY bWI MrJ-.M/,I,p,fM4..dk&' k(tf...J.@.€v.\IelA-S1 MJ-...uM.Ml..6lic.Uvi6UW Mi IckN ItIMI,uW li,6W.M..j:kW MhPMJi:ijI..1:1MSl.------ (Z2)0AA 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. (Z3tA~) ABATEMENT OF NUISANCE SIGNS. The following signs are hereby declared a pub11C p.U1sance 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 on the premises. (Z4frlY ABATEMENT OF BILLBOARDS AND OFF-PREcIISE ADVERTISING. All bill- boards and other off-premise advectlsing signs are hereby declared a public nuisance and shall be reillo\'"d wi thin six (6) months from the effective date of this section. ." -10- (15) CG~JSTEvC'..:.' .l.U:'; F~i':U f.:t~":"~';..l.'r.:ii1.i\l.l:C ~-':'P..:';Ut\.KU.:J. - (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. 2. ~lul tiple Family Residential Dl2.ll:.iJ:~ All signs and their supporting members shall De cons~ructed of incombus tib le.....materfits or fire re tardan t irea.t~d wood, which~aintains its fire resistive qua~ities when test~~ in accordance with the rain and w~thering tes ts of th"'e-U...B...C.._ Standard No. 32- 3?,_un-les's other- wise provided in this suose-ction:- _.- 3. Commercial and Industrial Districts. 'All signs and ---~_. .- ~----- their sUPJ,or-t'in-g members-sha.H-b"e::~structed of incom- bus tib'1:'"e~ ma tcrials or rt.re 1"'e tardan t tr>eaj;ed wood w~i~h maintains its fire resistive quaZities,when tested in accordance with the rain and weathering tas.ts of the V.B.C. Standard No. 32-37, unle~s other wis ;"preY-ide d~.~!L,-th,.~_~ l1P~S~~!~P~ ,_.....-- ...-"-- 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. Signs Within Buildings4 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. Nood. IVood in contact "lith the ground shall be foundation grade redwood, foundation grade cedar, all heartwood cypress,. or any species of wood whicll 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 tw,entv-(20)-- ~~~~~e feet or less may be constructedcof71q'Qcij. non-t"eated~ Construction Hethods. ~~ 1. All signs shall be constructed of such materials or treated in such a manner that normal weat~ering shall not harm, deface or othen1ise 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..applicabi-e-wind--loads- set fort:!l in the Bu ilding Code. ...,~!}t;{tli Ni<l #;1<1 JfiI ## M5N'# / ;hinNqQtN<f''/ ~,.qj;l!7~~~. (c)~tena:1ce. ~'-"_",J 1. J\l'l-signs..shall_be_maintained at all ,times in a state of good repair, and no person shall ~ai~tain 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 J,'\ ......"'-?_, m'_~;"",,' ."~; . > ..- .. . - ~... ~.,. . " "" ': Ordinance ':Nos. 1657,' :1661 andl:714 "Section '3.. (41) is' hereby deleted are herehy repealed;:and from Ordinance No.- 1361. i' ..- The foregorng ordinance 'vas firs't."read on the' ", - day of -, , ' .~...,., 1973; and duly: PASSED and :~ADOPTED this '''day of 1973. >, ....,- ~ -- :- Jose:;>h M. -,.Butler City Recorder , ""'. ". .., SIGNED and APPROVED'tnis day of 1973 ','';' ,.. . Archie C. - Fries Mayor, 1.': ,,: ~.>, .: ',,", t-, '"' .." " '.. 1'..., ",' ,'.. -12- " . ".~ ~'- , .; '0' , ~-.' , ;", ',' " ~~, ','r . .',",- ~'. ,- '. ,~; ./ ~:\ ", ",j' ".'. '.'! .c,',' ',', .~.~:.. .... .-' "<"";',-',"':> , :'!.~<~ " '." \ ,. 'r':" j..