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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. -1- 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. K. I,. 101. -2- " T. N" 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. -3- AA. BB. CC. DD. EE. FF. GG. RH. II. z,. 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. KK. -4- LL" MM. NN. 00. PP. 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." -5- , .1 . . 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 -6-