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Home My WebLink About31878 / 82-02r;sy 2(i, 1982 FIRST READING li 2 ORll1NANCE PURPOSE: AMEND PORTION ORDINANCE PERTAINING TO SIGN REGULATIONS INITIATED BY: DEPARTMENT OP COMMUNITY DEVELOPMENT A GENERAL ORDINANCE OF TtiE CITY OF OSHKOSH AMENDING SECTIONS 30-22(D)(8) and 30-22(E)(2)(g) OF THE OSHKOSH MUNICIPAL CODE PEATAINING TO SIGN REGULATIONS The Common Council of the City of Oshkosh does ordain as follows: S�C2'Z��=+ ?• T:^s= S�_� �ic^, .n_��t {n` ;F rt,o Oshkosh M.unicinal Caae pertaining to Sign Regulations is hereby amended to read as follows: (8) Comp2lance: Signs lawfully existing at the time of adoption of this ordinance may Be continued although the use, size or location does not conform with the provisions of this ordinance, Such signs may be relettered, painted, or maintained but in no case shall they be enlarged or structurally altered without con- forming to the requirements of this code. The provisions of Section 30-18(a) of the Zoning Ordinance shall also apply. SECTION 2. That Section 30-22(E)(2)(g) of the Oshkosh Municipal Code pertaining to Sfgn Regsslations is hereby amended to read as per attached Fachibit A, attacfied hereto and made a part hereof. SECTION 3. This ordinance shall he in full force and effect from and atter its passage and date of publication. - 2 - SUBbSITTED BY APPROVED �-�`X. -. + • @ 5-��-5>2.. � IPI A 1972 CASE IN "_':-iE CIRCUIT CCURi IR TH'r', 20t1� JJDICIAL DISTRICi, COLLIER COUPdTY, CITY OF NAPLES, PLO:�IDP.. The Ordinance 822 provided that no billboards be allo�rred. The r_ourt considered whether or not sign limitations stating, that no i�illboards be allowed or landuage tFiat :aoul3 prohibit the building of outdoor structures is unconstitutional on its Face, as being arbitrary and unreasonable. To �e vali3, ai� ordinance :�iust be reasonably related to the health, moral, safety, or deneral �.velfare of the community. An essential limitation upon the existence of police po;ver is that a lsw be a reasonably necessary and reasonably exercised. If under tlie guise of a police regulation, an ordinance, in reality, amounts to the i-nvasion of pro�erty ri�hts of' indivi- duals, the Court has to invalidate the ordinance. The validity of an Ordinance pursuant to police power depends on whether the provision i_s a regulation or pronibition. ';do billboards allowed' is an outri.g'r.t pronibition. This ordinance convinces the Ceurt tnat this classi£ication of 'no Uillboards allowed' or language that prohibits billboards indirectly is arbitrary, capricious, and pronibitive on its face. . �. t r e �' .: �'r t �'. 5� � A' r � p k, R� ` ,� , ' a �' � ., - ; i� � yla .. �,.. �' , .. 3 � � i � ': • •�• ,,ay zo, i9s2 Advertising Company, I�c. City "":anager William F�^ueh OSHKOSH CI`I'Y COUNCII, 1. Blocher Outdoor Advertising Company, Inc. is t;�.rt of' the Standardized Outdoor Advertising Innustry and our product is standardized throughout the couniry. Outdeor users such as Coca-Cola and Cnevrolet purchase these same sizes in every market, and th�ir art and production materials are sized for these standards. We mus� be permitted to build these sizes to continue our business !'unetion. ?. To compete with other advertisin� media, 3locher Ou*door must Ue able to supply adequate covera�e and p.�oper distri- bution to its customers. This reqL:ires placement of our structures in all commercial an3 industrial districts. 3. Outdoor is a small business compared to our me�ia competi- tors. We receive less than 2% o° the total media dollars spent in the United States. �.ven though we are small, vre are a healthy, growir.g industry, but our continued health depends upon continuation of our sizes and place:nent. 4. We are a valuable medium for both small and larg� adverti- sers. Outdoor is tne oldest conmunic4tion mediu.�n in the world and is one of Arnerica's fastest �rowing advertising vehicles in terms of dollar revenu�. It has flourished througn the years and it i'lourishes today because it provides advertisers with the most ef°icient, most flexible method in many respects, ancl the rnost spectacular method of delivering a sales message to the customer. 5. Nlyths and Misunderstandings: Outdoor has no negative effects on �he nealth and welfare of the corrununity. a) Research shows no correlation betvreen aut� accidents and billpoard distractions. b) Gutdoor makes no noise. c) d) Outdoo^ has no odor. Outdoor does not pollute the air cr wate^. e) We are not a threat to tYie purity of the environmer,t... We are a clean industry using little space,electricity, and raw materials. G. Blocher Outdoor provides excellent community support in its role as a corporate citizen, In fact, 10% of our soace is donated °or public ser�•ice. GJe pro��ide jobs for t,he community anc: 90� of our supplies are purcnased locally. 3013 West Wisconsin Avenue / Box 565 Appleton, Wisconsin 54912 / 414-731-9000 �_-_� - -- - --- -+-.� �..1 7. Ule are a growing, responsible, responsive com�any and an integral part of this progressive community. l?e respond not only to the needs of our advertisers but to tne community needs fo.� a higher quality physical product. 8. Control of outdoor is most f4ir and most effective through the use of' spacing and zenin�. 41e understand the need for preservation of the truly scenic areas and support this notion. 4Je agree wit,h the prohibition of outdoor adverti;�ing within parks. We agree, and have �lways agreed, with the prohibition of outdoor advertising in residential areas. 6de agree and �aill conform to proper building an:l safety regu- l.ations. Our product cannot be compared to the on-premise si�n. If we lose our sign, we lose our �usiness and cannot operate. If you change our sizes we cannot operate. If we cannot build in all corunercial and industrial zones, vre cannot exist. �r]e will cooperate with fair regulations and will do our part in the community. All we ask is to be treated °airly in return. ihank you. EXHIBIT A (g) Outdoor Advertising Display (Billboards) (1) Outdoor Advertising Displays shall be allowed in all industrical districts. Prior to requesting a building pexmit pursuant to Seciion 30-22(D)(1), (D)(2), or (D)(3), a plot plan, drawn to scale, shall be prepared by the applicant for submittal to the building inspector. The plot plan shall demonstrate compliance with, and shall contain alI information required belov. �I a. Outdoor advertisiag displays may be located only ia an iadustrial district. Under no circ�stances shall an out- door advertising display be located closer than three hundred (300) feet from a residential district, public park, or school. b. At a minim�, all outdoor advertisiag displays must be setback in accordance with the requirements of the zoning district in which they are located. Exclusive of setback requirements, no outdoor advertising display shall be constructed closer than 75 feet from the centerline of a major arterial street. c. No lot shall accomodate more than one (1) outdoor advertising display. d. Outdoor advertising displays may be constructed on lots with a mini.mum of (100) feet of street frontage. e. No outdoor advertising display shall exceed thirty five (35) feet is height. f. Outdoor advertising displays may exhibit sign copy on two faces, but in no case shall the gross sign area on one face of an outdoor advertising displaq exceed three hundred (300) square feet. . g. No outdoor advertising display shall be located less than 300 frontage lineal feet from another outdoor advertising display. h. Al1 outdoor advertising displays referenced in Chapter 84.30 of the Wisconsin Statutes must demonstrate compliance with that Chapter and the Wisconsin Administrative Code. (2) In the area located within 660 feet either side of the centerline of U.S. Fiighway 41, outdoor advertising displays may be located in the C-2, C-3 and all industrial districts. A building permit must be obtained as above. To obtain a permit, the following conditions must be met: �• a. Outdoor advertising displays may be located in the C-2, C-3 and all industrial districts. Under no circ�stances shall an outdoor advertising display be located closer than three hundred (300) feet from a resideatial district, public park, or school. b. At a minimum, all outdoor advertisiag displays must be set- back in accordance with the requiremeats of the zoning district in which they are located, Exclusive of setback requirements, no outdoor advertising displays shall be constructed closer than 75 feet from the centerline of a major arterial street including Koeller Road and Washburn Street. c. No lot shall acco�odate more than (1) outdoor advertisng display. d. Outdoor advertising displays may be constructed on lots with a minimum of (100) feet of street frontage. e. No outdoor advertising display shall esceed thirty five (35) feet in height. f. No outdoor advertising display shall be located less thaa five hundred (500) lineal frontage feet from another outdoor advertising display. g. Outdoor�advertising displays may contain sign copy on two sides, but in no case shall the gross sign area of one side of an out- door advertising display exceed seven hundred (700) square feet. If an outdoor advertising display is proposed to contain a gross area per face of between 300 and 700 square feet, the maximum area shall be computed as follows: SAft2 � (D - 300) + 300ft2 2 SA m Maximum sign area D- Distance from proposed siga to residentially zoned property, public park, or schooi. Example: Assuming compliance with the requirements detailed above, the distance between a proposed outdoor advertising display and the nearest residential zone is 500 ft. Thus: SA = (500 - 300) + 300 2 SA - 200 + 300 2 SA = 100 + 300 SA a 400 J h. All outdoor advertising displays referenced in Chapter 84.30 of the Wisconsin Statutes must demonstrate compliance with that Chapter and the Wisconsin Administrative Code. •�� I � .� N }�J . 1�1 N � R+ O .� G'' 1J 11 ' '� b� �a a rn N -.� U U] � S', +� .r{ � � �t � O ��I - � . } ' . . . � . . i � c� v a N � � '� � N m a � � .� � � H C�J N P.' +� � N � S�I � � �Q Ga A O .� U W A� �a „ �i � � .� � +°� 7� S p .;-� I m c� �s. 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