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Ordinance 1846CITY OF ALAMEDA ORDINANCE NO. 1846 New Series AMENDING THE ALA2MEDA MUNICIPAL CODE BY AMENDING CERTAIN SECTIONS OF AND ADDING CERTAIN SECTIONS TO ARTICLE 4 -B OF CHAPTER 1, TITLE XI THEREOF, RELATING TO REGULATION AND ABATEMENT OF NONCONFORMING OFF - PREMISE OUTDOOR ADVERTISING SIGNS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ALAMEDA that: Sec tion 1 Regulation and Abatement of Nonconforming Premise outdoor Outdoor Advertising Sigyrs. Findings_ The City Council of the City of .Alameda hereby finds and determines ghat. (a) The City of Alameda is principally a residential_ community located in a visually pleasing setting of both natural land and seascapes and city skylines and possessing many architecturally and historically interesting structures; (b) The maintenance of the aesthetically pleasing visual character of Alameda and its small town atmosphere are essential to the maintenance of property values in Alameda; (c) Off -- premise outdoor advertising signs detract from the visual character of the City in one or more of the following ways; (1) such signs are out of scale with the buildings to which they are attached in height or overall size; (2) such signs may obscure the architectural character of buildings to which they are attached.or adjacent; (3) such signs may modify the skyline or views of natural areas outside the City; (4) such signs may fDrm an intrusive and distracting part of the visual makeup of visually prominent places such as entrances to the City, inter- -I- sections of prominent streets and transit stops; (5) such signs may be visible from residential areas; and (6) such signs may be grouped so that they form a visual barrier; (d) To the extent that these signs so detract from the character of the City, such signs reduce property values in the City; (e) These signs often compete with traffic signals and signs, informational signs and on- premise signs for the attention of motorists and pedestrians; (f) Such competition tends to obscure the function of the area as a shopping area or particular retail. outlet; (g) These signs, when part of a visual backdrop to a traffic signal or sign, obscure the traffic signal or sign; (h) There are excessive concentrations of these signs in some locations; and (i) All of these signs are excessive in size. Section 2 . The Alameda municipal Code is hereby amended by amending Subsection (b) of Section 11 -14B2, Subsections (a), (b) and (c) of Section 11 -14B3, the Title of Section 11 -14BB, Section 11 -14B9 and Section 11 -14B10 thereof, to read-as follows: Sec. 11 -14B2 Definitions (b) " off- Premise"_ Sign Any sign identifying a use, facility, service or product which is not located, sold, or manufactured on the same premises as the sign or which identifies a use, service or product by a brand name which, although sold or manufactured on the premises, does not con- -2 -- stitute the principal item for sale or manufactured on the premises. See. 11-1A Ty2es of Permitted by-Districts. (a) Residential Districts. On-premise home occupa- tion or identification, announcement or bulletin boards and provided further, business name Plates, professional signs shall be permitted in R-5 and R-6 Districts only. (b) Administrative, Professional. On-premise business name plate; professional signs. (c) Commercial and industrial. in all commercial and industrial districts signs shall be permitted as regulated in Section 11-14B9 and Chapter 2, Title XII of this Code; provided, however, no off-premise outdoor advertising sign shall be permitted in any C-I District. See. 11-14BB. ReaLAlation and Abatement of Outdoor Advertising Dis2lay Signs. Purpose Intent. Sec. 11-14B9. Regulation of off-Premise outdoor Advertising Sig ns. off-premise outdoor advertising signs, where permitted, shall not; (a) Exceed twenty (20) square feet (as measured by Sec. 11-14B4(a)); (b) Be located on the roof of a building; (c) Be located within 1,000 feet of another off- premise outdoor advertising sign; (d) Be visible from a building or lot in a residential district; -3- (e) Be visible within 1,000 feet of any bridge, tunnel, dock or boat ramp. (f) Be located so that a motorist would view the sign as adjacent to or behind a traffic signal or sign from a distance of one hundred (100) feet or less from the signal or sign; (g) Be located on a route designated on the General Plan as a scenic route; (h) Be located on or adjacent to a building designated by the Historical Advisory Commission as a building of historical interest. In the case of applications for new signs the Commission shall have forty -five (45) days to render such a determination; (i) Be located on or adjacent to a building designated by the Design Review Board as a building of architectural. interest. In the case of applications for new signs the Board shall have forty -five (45) days to render such a de- termination. Sec. 11- 14B10 Abatement cf Nonconforming Signs Any sign which does not conform, to the regulations of this Article shall be removed by the owner or possessor thereof within the period of time prescribed herein. section 3 . The Alameda Municipal Code is,hereby amended by adding Subsection (e) to Section 11 -14B11 and Subsection (1) to Section 11 -14B13 thereof, to read as follows; -4- Sec. 11-- 14B11 Abate Schedule (e) one year shall be added to the applicable section ((a) through (d)) to compensate the owner for the cost of removal. Sec. 11- 14B13 Signs Exempt (1) Temporary signs on behalf of candidates for public office and for or against ballot measures. Section 4 . Declaration of Intent in Re and to Previous ordinances All prior ordinances regulating or prohibiting bill- boards or off - premise outdoor advertising signs and establishing nonconforming use are not superseded by this ordinance or any other. ordinance for purposes of establishing the dates of nonconforming use or periods of amortization. ordinance No. 1683 New Series does not establish a new amortization period for signs regulated or prohibited under earlier ordinances or alter the nonconforming status of such signs. Section 5. Severability if any section, subsection, sub -. division, paragraph, sentence, clause or phrase of this ordinance or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irre- spective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be de- clared, unconstitutional. -5- Section 6. This ordinance shall be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage. 0 Pre 'ding Officer of the Council 2- 1 U- 0 :w Attest: 4- . 0 U City Clerk ri 1, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of A1almeda in regular meeting assembled on the 4th day of January, 1977, by the following vote, to wit: AYES: Councilmen Beckam, Diament, Hurwitz, Sherratt and President Corica, (5). NOES: None. ABSENT: None. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 5th day of January, 1977. Nty Clerk of the City of Alameda