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Ashland City Zoning Code

PART 6

General Development Standards

6.1 General Standards

  1. Parcels.
    1. Minimum parcel size. Every building and use of land shall have a parcel area and parcel width of not less than that required for the applicable zoning district. Development may be allowed on nonconforming parcels of record pursuant to Section 10.3: Nonconforming Parcels.
    2. Modification to parcel size and/or required building setbacks. No parcel, yard, courtyard, parking areas, or other space shall be reduced in area or dimension so as to make the area or dimension less than the minimum required by this Ordinance.
    3. Division of parcels. No parcel improved with a building or buildings shall hereafter be divided into two (2) or more parcels (and no portion of any parcel that is improved with a building or buildings shall be sold) unless all parcels resulting from such division or sale and improved with a building or buildings shall conform with the area and bulk regulations, and setbacks, of the applicable zoning district.
    4. Street frontage required. Except as permitted by other provisions of this Ordinance, no parcel shall contain any building used in whole, or in part, for residential purposes unless such parcel abuts for at least thirty-five (35) feet, a public street or approved private road that is constructed to applicable standards pursuant to Section 9.3: Infrastructure Design Standards and City of Ashland Ordinance 612.
    5. Parcel width on curvilinear streets or cul-de-sacs. In the case of a parcel fronting a curvilinear street or cul-de-sac, the parcel width shall be defined as the horizontal distance between the side parcel lines on a line parallel to the front parcel line at the required building setback.
    6. Double frontage or through parcels. Buildings on parcels having frontage on two (2) non-intersecting streets need not have a rear yard if an equivalent open space is provided on the parcel in lieu of such required rear yard. However, applicable front yards must be provided on both streets.
  2. Setbacks.
    1. Measurement of setbacks. Setbacks for buildings and structures shall be measured as the area between the furthermost projection of the buildings or structures and the parcel lines on which the buildings or structures are located, except as modified by the standards of this Section. Setbacks shall be unobstructed from the ground to the sky, except as modified by this Section. Required setbacks for each zoning district are specified in Part 4: Zoning Districts.
    2. Allowable encroachments into required setbacks. Outdoor heating and cooling units (excluding outdoor wood-fired furnaces) may encroach into the required setback by a distance of not more than three (3) feet
    3. Reduced principal building setback from front parcel line or corner side parcel line. The required setback of a principal building from a front parcel line or corner side parcel line may be reduced on any parcel where the average established front setback of principal buildings on developed parcels located within three hundred (300) feet on each side of such parcel, is less than the required minimum setback. In such cases, the setback on such a parcel may be less than the required, but not less than the average of the existing setbacks on the developed parcels within three hundred (300) feet of each side. In no case shall the determined average setback be less than fifteen (15) feet.
    4. Reduced setback from a side parcel line for an existing single or two-family residence. The setback of an existing single or two-family residence from a side parcel line may be maintained on any addition to the residence, but in no instance shall the addition be less than three (3) feet from the side parcel line.
    5. Allowable encroachment for handicap access. Upon proof of a physical disability that requires the need for a ramp, the owner of a structure shall be allowed to project into the required yards for the purpose of installing a ramp. However, the ramp shall be set back a minimum of three (3) feet from the front, side, and rear parcel lines wherever possible, except that the ramp may be installed with a zero setback, if no other reasonable means exist that would allow the ramp to be installed with a greater setback, and if approved by the Zoning Administrator or Designated Authorized Agent. Special approval requests shall expire five (5) years from the date of issuance. Reissuance shall require proof that a physical disability still exists requiring the need for a ramp that encroaches into the required yard.
  3. Building Height.
    1. Measurement of building height. Building height is measured as the vertical distance between the grade level at the front wall of the building and one of the following:
      1. The ridgeline of a gable, hip, or gambrel roof;
      2. The highest point of a mansard roof; or
      3. The highest point of the coping of a flat roof.
    2. Height exceptions for certain building appurtenances. The height limitations of this Ordinance shall not apply to the following conditions:
      1. Spires, belfries, cupolas, mechanical penthouses, and domes, not used for human occupancy; or to chimneys, ventilators, skylights, towers, water tanks, necessary mechanical appurtenances, solar panels and similar features usually carried above roof level;
      2. Ornamental features that do not extend above the building height limit by more than five (5) feet. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are to serve and subject to all applicable building codes.
  4. Impervious Coverage.
    1. Measurement of impervious coverage. Impervious coverage is measured as the percentage of a parcel that is covered by a material that releases as runoff all, or a large portion, of the precipitation that falls on it. Impervious coverage includes conventional roofs, driveways, sidewalks, patios, similar hard surfaced materials. Green roofs, lawns, gardens, and permeable paving are not considered impervious.
    2. Impervious coverage exceptions. The maximum allowable impervious coverage requirements of this Ordinance as specified in Part 4: Zoning Districts may, at the discretion of the Zoning Administrator or Designated Approval Authority, be increased up to an additional five (5) percent if the development on the subject parcel incorporates techniques to help infiltrate or hold runoff on the site. Such techniques may include, but shall not be limited to, rain barrels and rain gardens.
  5. Location and Number of Principal Buildings on a Parcel. Every principal building hereafter erected shall be located on a parcel as specified in this Ordinance. In no case shall there be no more than one (1) principal building on a parcel except in the following situations:
    1. Planned unit developments (PUDs), which may or may not include conservation subdivisions or traditional neighborhood design developments;
    2. Multi-family buildings or institutional buildings that are developed as a planned group;
    3. Nonresidential buildings where it can be demonstrated to the satisfaction of the Zoning Administrator or Designated Authorized Agent that any principal building can be subsequently detached with a parcel and yards conforming the provisions of this Ordinance;
    4. Temporary buildings.
  6. Building Identification Numbering System.
    1. Applicability. For the purpose of general identification and to aid in ascertaining the location of buildings in the event of an emergency, principal buildings in the City of Ashland shall be identified with numbers visible from the adjacent street and in accordance with the provisions of this Subsection.
    2. Numbering system. The Building Inspector or Designated Authorized Agent shall be responsible for issuance of a building number and shall keep a chart, which shall be available to inspection by anyone, showing the proper number of every parcel and/or principal building in the City of Ashland. The building numbers shall generally comply with the following criteria:
      1. Odd numbers shall be on the west and north sides of the streets. Even numbers shall be on the south and east sides of the streets;
      2. There shall be no more than one hundred (100) numbers to each block, twenty-five (25) numbers per side.
    3. Responsibility to number and type of numbers. Each shall be the duty of the property owners or the occupants of a principal building to affix, in a place visible from the street, figures at least three (3) inches high, showing the appropriate number of the building. It is recommended that numbers placed on a mailbox have a reflective surface.
    4. Identification numbers in rural areas. The Fire Chief of the City of Ashland may, in his or her discretion, require a property owner to post identification numbers for buildings or improvements within the City of Ashland to aid the Fire Department in ascertaining the location of buildings or improvements in the event of emergencies. The postings shall be done with uniform signs at the outer edges of the street or highway right-of-ways at locations that do not interfere with the use of the streets or highways or adjacent properties.
    5. Violations. Any person, firm, or corporation failing to so number any principal building or other structure occupied, or if after receiving notice to do so from the Building Inspector, Fire Chief, or Designated Authorized Agent shall continue to not so number such building or structure, shall be fined one dollar ($1.00) for each day during or on which a failure to so number continues.
  7. Driveways.
    1. Setbacks. All driveways shall have a minimum three (3) foot maintenance setback from all interior side parcel lines, except where driveways are shared between two (2) or more owners. Driveway access (or curb cuts) from a public or private street shall be setback a minimum of thirty (30) feet from the nearest intersection of a public street or alley. The Zoning Administrator or Designated Authorized Agent may, at his or her discretion, allow a lesser setback in zoning districts where reduced or no building setbacks are encouraged and/or allowed, or where no reasonable use of the parcel could occur without a lesser setback.
    2. Surface. All driveways shall be constructed with a durable, hard surface such as concrete, asphalt, or a comparable material. All driveway accesses shall be required to meet the standards adopted under Chapter 612, Ashland City Ordinances.
    3. Size. All driveways shall be a minimum of eight (8) feet in width and a minimum of eighteen (18) feet in length. Refer to City of Ashland Ordinance 611 for additional requirements.
    4. Time of Construction. Driveways shall be constructed prior to occupancy.
  8. Vision Triangle.
    1. Vision triangle at streets. Nothing shall be placed or allowed to grow in such a manner as to materially impede vision between a height of two and one-half (2-1/2) feet and ten (10) feet above the centerline grades of the intersecting streets to a distance such that a clear line of vision is possible of the intersecting street right-of-way from a distance of fifteen (15) feet along all City street right-of-ways. All distances from county, state, and U.S. highways shall be approved by the applicable permitting authority. The Zoning Administrator or Designated Authorized Agent may, at his or her discretion, exempt development from this requirement in zoning districts where reduced or no building setbacks are encouraged and/or allowed.
    2. Vision triangle at alleys and driveways. Nothing shall be placed or allowed to grow in such a manner as to materially impede vision between a height of two and one-half (2-1/2) feet and ten (10) feet above the centerline grades of the intersecting street and alley or driveway such that a clear line of vision is possible at the intersecting street right-of-way from a distance of ten (10) feet from the alley right-of-way or the edge of driveway surface. The Zoning Administrator or Designated Authorized Agent may, at his or her discretion, exempt development from this requirement in zoning districts where reduced or no building setbacks are encouraged and/or allowed.
  9. Grading, Filling, and/or Excavation.
    1. Applicability. Grading, land filling, and/or excavation (excluding mining) as a separate activity not associated with any other development approvals (for example, a building permit or development permit) involving fifty (50) cubic yards or less of material and three thousand five hundred (3,500) square feet or less of land disturbance shall not require the issuance of a development permit, but the work shall be consistent with the provisions of this Ordinance. Grading, land filling, and/or excavation (excluding mining) as a separate activity not associated with any other development approvals involving more than fifty (50) cubic yards of material or more than three thousand five hundred (3,500) square feet of land disturbance shall require the issuance of a development permit pursuant to Section 3.31: Development Permit and may require issuance of a conditional use permit pursuant to the requirements of the applicable zoning district. Agricultural activities shall be exempt from the requirements of this Subsection.
    2. Plans required. Applicants requesting approval of a development permit or conditional use permit for grading, filling, and/or excavation shall submit plans indicating the amount, type, and location of material to be moved, filled, and/or excavated. Depending on the extent of work, additional plans and approvals may be required, including, but not limited to approval of an erosion and sediment control plan pursuant to Section 8.2 Construction Site Erosion Control and approval of a storm water management plan pursuant to Section 8.3: Post-Construction Storm Water Management.
    3. Review costs. Upon inspection of the site, the Zoning Administrator or Designated Authorized Agent may request that the Building Inspector, the Public Works Director or other Designated Agent review the proposed grading, filling, and/or excavation and submit written comments on the proposal. The costs of such review shall be borne by the applicant in accordance with the City’s fee schedule. The City reserves the right to require an escrow account of such costs.
    4. Permit limitations. If the Public Works Director or Designated Authorized Agent determines that the proposed grading, filling, and/or excavating would cause flooding or drainage problems on adjoining properties, the Zoning Administrator or Designated Authorized Agent may reject, condition, or impose limitations on the proposed work.
  10. Demolition and Moving of a Building or Structure.
    1. Applicability. No building, structure, or part thereof (as determined by the Building Inspector or Designated Authorized Agent), shall be moved, removed, razed or demolished without prior approval and/or a demolition permit or a permit to move a building or structure pursuant to Section 3.33: Demolition Permit and/or Section 3.34: Permit to Move a Building or Structure.
    2. Other Permits and/or Authorizations Required.
      1. A City Work-in-Right-of-Way permit must be obtained as required by City Ordinances.
      2. If the building, structure or site is listed on a Local, State or National Historical Registry, or is located in a historic district as determined by the Local, State or National Historical Registry, a Certificate of Appropriateness may be required pursuant to Section 3.22 and City of Ashland Ordinance 826. If required, the Certificate of Appropriateness shall be issued prior to the issuance of a demolition permit or a permit to move a building or structure.
      3. The use of explosives shall only be allowed upon prior written authorization and coordination with the Building Inspector, Director of Public Works, Police Chief and Fire Chief.
      4. The location of sites for the disposal, reuse or recycling of materials shall be supplied with the demolition permit or permit to move a building or structure applications. Only local and/or State approved and/or permitted disposal and recycling sites shall be used.
      5. The State of Wisconsin and any other local governmental authority (i.e. a County, Township, City) or department, may also regulate and require a permit for any vehicle or trailer used in the process of hauling or moving of a building or structure.
      6. A building permit is required for the placement or installation of any building or structure on a parcel located in the City of Ashland.
      7. Authorization or permits may be required by other local governmental authorities (i.e. a County, Township, City) for placement or installation of a building or structure within their boundaries.
    3. Standards and Inspections.
      1. Utilities.
        1. Capping of water and sewer laterals shall occur at the parcel line by a licensed plumber. Inspection of the disconnection, capping and abandonment is required. The owner, contractor, or owner’s agent shall call the Public Works Department to schedule an inspection at least two (2) business days prior to performing any utility disconnection, capping or abandonment work.
        2. If a Private Onsite Wastewater Treatment System (P.O.W.T.S.), such as a holding tank or septic drain field is connected to the building or structure, or is located on the parcel and not in use, the P.O.W.T.S. shall be properly abandoned in accordance with Comm. 83.33 of the State Plumbing Code. A letter stating the P.O.W.T.S. has been abandoned to code by a licensed plumber, shall be submitted to the Building Inspector and the Public Works Director.
        3. If a private well is connected to the building or structure, or is located on the parcel and not in use, the well shall be properly abandoned or capped in accordance with Department of Natural Resources regulation NR 812.26 and other related requirements. A copy of an approval letter or permit from the Department of Natural Resources to maintain the well, or a letter stating the well has been abandoned to code from a licensed well driller, shall be submitted to the Building Inspector and the Public Works Director.
      2. Dust control.
        1. The owner, contractor, or owner’s agent shall be required to control and minimize airborn dust so as to not impact adjacent parcels, public rights-of-way and public infrastructure. It is the responsibility of the owner, contractor, or owner’s agent to minimize airborne dust through the application of water, or another approved method, during the demolition and loading process. Other methods proposed shall be approved by the Building Inspector or Designated Authorized Agent.
      3. Stormwater and erosion control.
        1. The owner, contractor, or owner’s agent shall be required to provide stormwater and erosion control methods for the demolition or moving of a building or structure.
        2. All stormwater and erosion control practices shall be approved and installed prior to any up-slope soil disturbing activities and shall be in place until the site achieves final stabilization.
        3. All stormwater and erosion control measures shall be removed within 30-days after final site stabilization is achieved or the Director of Public Works or Designated Authorized Agent determines that the controls are no longer needed.
        4. A Sediment and Erosion Control Plan and/or a Post-Construction Management Plan may be required pursuant to Section 8.2 and Section 8.3.
        5. No later than fourteen (14) days following the land disturbing activities, all disturbed areas shall be restored to the final grade and restored with vegetation as approved by the Building Inspector or Designated Authorized Agent.
      4. Asbestos inspection.
        1. NR 447 of the Wisconsin Administrative Code requires that all commercial structures and residential structures having more than four (4) dwelling units be inspected for the presence of asbestos by an asbestos inspector licensed by the WI Department of Health and Family Services (DHFS). Refer DNR publication WA-651-07 for more detailed information. A copy of the asbestos inspection report meeting the requirements of NR 447 must be submitted to the Building Inspector prior to issuance of a permit.
      5. General standards.
        1. All remaining concrete slabs, below grade footings, walls, and floors shall be completely removed and hauled off site to an approved disposal site. Clean suitable soil, as determined by the Building Inspector or Designated Authorized Agent shall be utilized to bring the site to level grade (average grade of site abutting the building or structure prior to demolition or removal). The affected area shall be graded to eliminate ponding and allow for natural drainage patterns. Topsoil shall be installed and the site re-seeded to stabilize the site.
        2. On-site storage – The storage of materials resulting from the demolition or moving of a building or structure activities shall not remain on-site for more than thirty (30) days following the demolition or removal.
        3. It is the responsibility of the owner, contractor, or owner’s agent to properly secure the site for public safety.
HISTORY
Amended by Ord. 2025-2022 on 7/29/2025

6.2 General Building And Site Design Standards And Guidelines

  1. Intent. The intent of this Section is to provide guidance to further the design related goals, objectives, and policies described in the City’s Comprehensive Plan, Ellis Avenue Redevelopment Plan, and other applicable plans adopted by the City. It is not the intent of this Section to restrict creative, affordable, or innovative design, but rather to assist in clarifying design principles that are intended to help strengthen the appearance of the city; promote the public, health, safety, and welfare; preserve taxable values; and move the City towards sustainability. The word “shall” as used in this Ordinance refers to a standard that is a mandatory requirement. The word “should” refers to a guideline that is encouraged and discretionary, but not mandatory.
  2. Applicability. This Section applies to all development within the City of Ashland, except as may be specified otherwise in this Section. Prior to action on a development permit, building permit, site plan approval, or other applicable approvals associated with a proposed development application, the appropriate review and approval authority (pursuant to Part 2: Review and Approval Authorities) shall make a determination that the proposed development is consistent with the design standards and the intent of the design guidelines of this Section when considered as a whole.
  3. Design Standards and Guidelines.
    1. Relationship of a building and related development to its site. To the maximum extent practical (and in the context of the specific site, its surroundings, and the proposed function of the building) new buildings or building additions shall be situated on a site in manner that addresses the following:
      1. Building orientation for energy conservation. The orientation of buildings should consider solar exposure, breezes, topography, and similar design considerations that can help buildings conserve energy or utilize renewable forms of energy;
      2. Protection of significant natural features. Building and site development shall minimize all adverse impacts of development on significant natural resources. Refer to Section 8.1: General Protection of Significant Natural Features, as well as other related sections throughout this Ordinance for specific requirements;
      3. Building orientation to the street and pedestrians. Every new building shall have an entrance door or feature that clearly identifies the front entrance of the building from the adjacent street. Pedestrian access to the building should be safe and convenient;
      4. Pedestrian connections within the site and to surrounding areas. Where appropriate, each development should be designed to provide pedestrian walkways connecting outdoor facilities to each other and to the building. The development should provide connections to existing adjacent public walkways and, where appropriate, to adjacent development;
      5. Minimize view of accessory buildings from the street. Accessory buildings and attached garages should be setback a minimum of four (4) feet from the front façade of the principal building. Where this may not be practical, design features that minimize the prominence of the accessory building (or attached garage) from the adjacent street should be employed. Such design features may include landscaping that visually extends the front façade of the principal building beyond the accessory building (or attached garage). The accessory building may also incorporate design features, such as facing the overhead doors towards the side yard, installing windows in overhead garage doors, or incorporating other design details that relate to the design of the principal building;
      6. Landscaping and screening. Landscaping shall be designed to strengthen the relationship of the building to its site, enhance positive views, and screen objectionable views. Where appropriate, native landscaping is encouraged. Refer to Section 6.4: Landscaping, Buffers, and Screening for more information.
    2. Relationship of a building to adjacent sites and buildings. To the maximum extent practical (and in the context of the specific site, its surroundings, and the proposed function of the building) new buildings, building additions, or renovations shall relate to adjacent sites and buildings as follows:
      1. Height and bulk. The height and bulk of buildings shall be consistent with the requirements of the applicable zoning district. In addition, where practical, the height of a new building, or building addition, should not vary more than twenty-five (25) percent from the immediately adjacent buildings;
      2. Setbacks. Buildings shall meet the setback requirements of the zoning district. The front building setback should be consistent with the prevailing front building setback in the area. In the CC City Center District and the W-CC Waterfront City Center District (except properties adjacent to Highway 2), multi-family apartments/condominiums and nonresidential uses should generally be built to the back edge of the front sidewalk to promote pedestrian scale and access. In some cases, the buildings may be setback to allow for landscaping, seating, courtyards and other amenities;
      3. Architectural style. To the extent practical and desirable, the architectural style of a new building should relate to the architectural style of the surrounding buildings;
      4. Preservation of views. The design and placement of new buildings should, to the extent practical, avoid blocking the views that existing buildings have of Lake Superior and other desirable views. Also, to the extent practical, the design and placement of new buildings should consider the effect that the new buildings have on views from other buildings and other areas of the city.
    3. Building design. To the maximum extent practical (and in the context of the specific site, its surroundings, and the proposed function of the building) new buildings, building additions, or renovations should comply with the following:
      1. Architectural style or theme. If the City has adopted or approved a plan that describes an architectural style or theme for a particular area in the city, new buildings shall relate to the approved theme. If no such plan has been adopted or approved by the City, but a particular area has an established and desirable architectural style or theme, new buildings, additions, and renovations should be compatible with the existing style or theme;
      2. Materials. Construction shall be of quality finish materials including, but not limited to, brick, stone, stucco, wood, and architectural concrete. Unfinished concrete masonry units and corrugated plastic or metal (typically associated with pole barn construction) shall be prohibited, except in isolated areas where the approval authority determines such materials will not have an adverse impact on the surrounding area or the city;
      3. Colors. Colors of all façade and roof materials should be established as an integral part of the building design and should exhibit evidence of coordination and selection with respect to the overall visual effect of the building. The color of each façade material should be harmonious with the color of all other façade materials used on the same building, as well as the color of façade materials used on adjacent buildings. For the purpose of this Ordinance, harmonious shall be defined as colors that are complimentary in hue, tone, and intensity. The use of dissonant and/or intense colored façade materials should be avoided;
      4. Human scale detailing. Facades of buildings that face the street should incorporate human-scale detailing through the use of reveals, belt courses, cornices, expressions of structural or structural bays, recesses windows or doors, material changes, color and/or texture differences, or strongly expressed mullions. The length of the ground floor of a building, especially a building in the CC and W-CC Districts, should include transparent windows, awnings, or other similar pedestrian-friendly features;
      5. Facades and walls in general. Facades should have a recognizable “base” consisting of, but not limited to, walls, ledges, sills, integrally textured colored, and patterned materials, or planters. Facades should also have a recognizable “top” consisting of, but not limited to, cornice treatments with integrally textured materials, sloping roofs with overhangs, or stepped parapets. All sides of a building and any accessory building should use materials and designs consistent with those of the front façade;
      6. Long, monotonous, uninterrupted walls. To prevent long, monotonous, uninterrupted walls, recesses, projections, columns, offsets, or change in building wall plane shall be required, at a minimum, every seventy-five (75) feet of wall length. No uninterrupted length of any façade shall exceed seventy-five (75) feet. Projections, recesses, and decorative columns shall be a minimum of one (1) foot wide and one (1) foot deep. Structural columns supporting a portico, porch, or overhang, shall meet this requirement;
      7. Long, monotonous, uninterrupted pitched roof planes. To prevent long, monotonous, uninterrupted pitched roof planes, dormers, gables, or roof offsets shall be required at a minimum, every seventy-five (75) feet of pitched roof length;
      8. Fenestration. Windows, doors, and glazing should be proportional to overall scale of the building and, where applicable, shall compliment adjacent buildings. Windows should be vertically proportioned when feasible;
      9. Signs. Signs shall be consistent with the standards specified in Section 6.6: Signs. In addition, buildings shall be designed to incorporate signage as an integral part of the building design. The location, shape, style, graphics, size, material, illumination, and color shall relate to the building. Signs shall also relate to their surroundings, while allowing individual expression and identification.
    4. Green building and site design techniques.
      1. General. For the purpose of this Ordinance, green building and site design techniques are techniques that significantly reduce or eliminate the negative impact of building and site development on the environment and on the building occupants. Green building and site design and construction practices address sustainable site planning, protection of water and water efficiency, energy efficiency, conservation of materials and resources, and indoor environmental quality. All development in the City of Ashland is strongly encouraged to use green building and site design techniques.
      2. Buildings that receive City funding. All buildings that receive City funding are strongly encouraged to use the sustainable principles of Leadership in Energy and Environmental Design (LEED) to the maximum extent practical. Each project should be assessed for the appropriate certification level with the goal of maximizing long term benefits, such as operating and maintenance savings, while minimizing up front project costs.

6.3 Parking And Loading

  1. Intent.
    1. General. The intent of this Section is to ensure adequate parking and loading for the various uses in the City of Ashland by regulating the number, size, and location of parking and loading spaces. These provisions are intended to promote the safety and general welfare of the public by accomplishing the following:
      1. Increase the safety and capacity of public streets by requiring off-street parking and loading facilities as appropriate;
      2. Minimize adverse effects of the off-street parking and loading facilities on adjacent properties through the use of design and maintenance standards; and
      3. Lessen congestion and prevent the overtaxing of public streets by regulating the location and capacity of off-street parking and loading facilities.
    2. Sustainable land use. It is also the intent of this Section to strike a balance between the need to provide parking based on the current and conventional use of motor vehicles in the city, with the City’s desire to move toward sustainable development practices. Consequently, this Section is intended to accomplish the following:
      1. Promote efficient and cost effective use of land by requiring and allowing no more parking than necessary;
      2. Reduce the adverse impact of parking’s impervious surfaces on the natural environment;
      3. Promote cost effective and healthy alternatives that reduce the need for parking by allowing parking reductions for public transit, bicycle parking, and pedestrian-oriented design.
  2. Applicability.
    1. All parking and loading space needs generated by development shall be accommodated off-street, except as otherwise allowed in this Section. All required parking shall be maintained for the life of the use.
    2. The provisions of this Section apply to all new development, including expansions and alterations, and to any development or building that undergoes a change in use or intensity.
  3. Number of Off-Street Parking Spaces Required.
    1. Required number of off-street parking spaces. Required off-street parking spaces are applicable in all zoning districts, except for commercial uses in the City Center District that do not abut USH 2 shall be exempt from the off-street parking requirements. The number of off-street parking spaces shall not be more in number than the parking and loading space requirements of Table 6.3-A: Schedule of Required Off-Street Parking Spaces, except as otherwise provided in this Section. The number of off-street parking spaces to be provided shall be approved by the Zoning Administrator or Designated Authorized Agent.
    2. Additional spaces required. Additional parking spaces may be required based on specific use and determined by the Zoning Administrator or Designated Authorized Agent, in cooperation with the property owner/business.
    3. Interpretation by Zoning Administrator or Designated Authorized Agent. Parking spaces for permitted or conditional uses not listed in this Section shall be determined by the Zoning Administrator or Designated Authorized Agent based on the requirements for comparable uses.
    4. Fractional numbers. Fractional numbers shall be increased to the next whole number.
    5. Parking requirements based on square footage of use. Where this Ordinance specifies parking requirements based on the square footage of the use, the square footage shall refer to the gross floor area (GFA) as defined by this Ordinance, unless stated otherwise.
    6. Parking requirements based on seats. Where this Ordinance specifies parking requirements based on the number of seats associated with the use, such requirements shall be based on the seating capacity as determined by the Zoning Administrator or Designated Authorized Agent.
    7. Mixed occupancies. In the case of two (2) or more uses in the same building, the total requirements for all off-street parking facilities shall be the sum of the requirements for the several uses computed separately. Off-street parking for one use shall not be considered as providing required parking facilities for any other use, except as otherwise provided pursuant to the provisions of this Ordinance (see ‘Shared Parking’).
    8. Pre-existing parking and loading spaces. Parking and loading spaces that were in existence on the effective date of the Section or were provided voluntarily after such date shall not hereafter be reduced in number except to conform to the requirements herein.
    9. Use exclusively for parking and loading. Parking and loading spaces shall be used solely for the intended use and not for the storage of goods, or vehicles that are for lease, or sale, except for the sale of a vehicle at an owner’s home.
    10. Temporary waivers. The Zoning Administrator or Designated Authorized Agent may temporarily suspend parking requirements for major unused portions of buildings for periods of one (1) year. The temporary waiver shall be renewable for periods of one (1) year.
    11. Use of driveway for required parking. Single and two-family residential uses may use their driveways as required parking spaces provided that the required parking does not occur in that portion of the driveway that is in the right-of-way.

      Table 6.3-A: Maximum Allowed Off-Street Parking Spaces
      UseBase Number of Spaces Required
      Additional Spaces Required
      Family Residential Uses
      Bed and breakfast establishment
      2 for principal dwelling
      1 per room offered for occupancy
      Day care: family home
      2 for principal dwelling

      Dwelling: accessory
      2 for principal dwelling
      1 per unit
      Dwelling combined with other permitted use
      Same as multi-family dwelling

      Dwelling: multi-family
      1 per 1 bedroom unit 2. per 2 bedroom unit 2.5 per 3 bedroom unit

      Dwelling: single-family attached
      2 for dwelling unit

      Dwelling: single-family detached
      2 for dwelling unit

      Dwelling: two-family or duplex
      2 for dwelling unit

      Home occupation
      2 for principal dwelling
      Dependent on occupation, maximum of 2
      Manufactured home community
      2.5 for dwelling unit

      Tourist home
      2 for principal dwelling
      1 per unit
      Group Residential Uses
      Adult family home
      1 per employee at maximum shift
      1 visitor space for every 4 residents
      Boarding or rooming house
      1 per room offered for occupancy

      Community living arrangement
      1 per employee at maximum shift
      1 visitor space for every 4 residents
      Convent, rectory, or monastery
      0.75 per bed

      Dormitory
      0.75 per bed

      Emergency residential shelter
      1 per room offered for occupancy

      Fraternity or sorority
      0.75 per bed

      Rehabilitation center/transitional living
      1 per employee at maximum shift
      1 visitor space for every 4 residents
      Commercial Uses
      Adult entertainment establishment
      1 per 4 seats or 1 per 250 sf GFA if no seats

      Animal boarding
      1 per employee at maximum shift
      1 visitor space for every 20 boarding units
      Animal grooming or training facility
      1 per employee at maximum shift
      1 visitor space per employee on shift
      Artist studio
      1 per 500 sf GFA devoted to sales or display

      Assembly hall
      1 per 4 seats or 1 per 250 sf GFA if no seats

      Bank or financial institution
      1 per 300 sf GFA

      Business service
      1 per 300 sf GFA

      Car wash
      4 stacking spaces per bay
      1 per employee at maximum shift
      Conference center
      1 per 4 seats or 1 per 250 sf GFA if no seats

      Currency exchange, payday loan, title loan facility
      1 per 300 sf GFA
      Day care center: commercial
      1 per employee at maximum shift
      1 visitor space for every 10 people cared for
      Dry cleaning and laundry drop off and pick up only
      1 per employee at maximum shift
      3 visitor spaces for every employee on shift
      Filling station without service bays or retail
      1 per employee at maximum shift
      2 stacking spaces per each side of pump
      Funeral home
      1 per 4 seats or 1 per 30 sf GFA if no seats
      1 per employee at maximum shift
      Garden supply or landscaping center
      1 per 500 sf GFA of building and sales area

      Home improvement center
      1 per 500 sf GFA of building and sales area

      Household maintenance and repair
      1 per 500 sf GFA

      Kennel and or runs: outdoor commercial
      1 per employee at maximum shift
      1 visitor space per 20 boarding units or runs
      Laundromat
      1 per 300 sf GFA
      Lodging establishment: short or extended stay
      1 per room offered for occupancy
      1 per employee at maximum shift
      Manufactured home dealer
      1 per employee
      1 per every 300 sf GFA of office
      Office1 per 300 sf GFA

      Outdoor merchandise sales
      1 per 1,000 sq. ft. of outside display

      Personal service
      1 per 300 sf GFA
      Recreation facility: commercial indoor
      4 per bowling lane, 1 per game table, other uses determined by Zoning Administrator

      Recreation facility: commercial outdoor
      Golf course: 4 per tee, other uses determined by Zoning Administrator

      Restaurant: drive-in
      1 per 50 sf GFA of building

      Restaurant: sit-in
      1 per 75 sf GFA

      Restaurant: fast food or carry out
      1 per 75 sf GFA for sit-down, 1 per 50 GFA of building area for carry-out

      Retail establishment
      1 per 250 sf GFA

      Secondhand store (pawn shop)
      1 per 250 sf GFA

      Tavern1 per 75 sf GFA

      Theater1 per 4 seats or 1 per 30 sf GFA if no seats

      Tool and equipment rental facility
      1 per 500 sf GFA of building and rental area

      Vehicle sales and/or rental
      1 per 300 sf GFA of building

      Vehicle repair and/or service
      3 spaces per service bay
      1 per employee at maximum shift
      Veterinary clinic
      5 per doctor on largest shift
      1 per employee at maximum shift
      Warehouse: self-storage
      1 per employee at maximum shift
      1 visitor space per employee at max. shift
      Industrial Uses
      All industrial uses
      1 per employee at maximum shift
      Visitor parking based on specific use and determined by Zoning Administrator
      Public, Civic, and Institutional
      Clinic5 per primary care provider
      1 per employee at maximum shift
      Club or association
      1 per 4 seats or 1 per 30 sf if no seats

      College or vocational school
      1 per employee at maximum shift
      1 per every 3 students
      Government or community service
      1 per 300 sf GFA

      Hospital
      1.5 per bed

      Nursing home
      1 space per 3 beds
      1.5 spaces for every 2 employees on maximum shift
      Public park or festival grounds
      Determined by Zoning Administrator

      Religious institution
      1 per 4 seats or 1 per every 8 feet of pews

      School: elementary or middle
      1 per employee at maximum shift

      School: senior high
      1 per employee at maximum shift
      1 per every five students
      School: specialty or special instruction
      1 per 300 sf GFA

  4. Bicycle Parking.
    1. Intent. It is the intent of this Subsection to promote opportunities for bicycle transportation by regulating the number and location of required bicycle parking spaces associated with uses in the City of Ashland.
    2. Required bicycle parking spaces. Unless waived by the Zoning Administrator or Designated Approval Authority, a development or use established, expanded, or altered after the effective date of this Ordinance shall provide a sufficient amount of bicycle parking spaces. Only spaces that are associated with a bicycle rack or bicycle storage container shall be considered bicycle parking spaces.
    3. Location. Bicycle parking spaces shall be located so as to be visible from the street or the building entrance from where bicyclists approach. Bicycle parking spaces shall be located in safe and convenient locations and in a manner that does not obstruct pedestrian or vehicular traffic. Bicycle parking spaces should be designed as an integral part of the development.
    4. Bicycle racks or storage containers. Bicycle racks shall be designed to support bicycles in an upright position. Enclosed bicycle storage containers shall be lockable by the user. All bicycle racks or storage containers shall be securely anchored to prevent them from being removed from the location.
  5. Parking Requirement Waivers, Alternatives, and Incentives. This Subsection specifies a variety of waivers, alternatives, and incentives to allow a reduction in the amount of parking that would otherwise be required by this Ordinance. Any waiver, alternative, or incentive shall be approved by the applicable approval authority and shall ensure adequate parking for the use.
    1. Shared parking. In accordance with the intent of this Section to ensure sufficient parking for the various uses in the city while encouraging efficient use of land and resources, this Subsection sets forth provisions that allow users to share off-street parking facilities when feasible. Developments or uses with different operating hours or peak business periods may share off-street parking spaces if approved by the Zoning Administrator or Designated Approval Authority pursuant to the appropriate application associated with a shared parking request and if the shared parking complies with all of the following standards:
      1. Shared parking study. Those wishing to use shared parking as a means of satisfying off-street parking requirements shall submit a shared parking analysis to the Zoning Administrator or Designated Authorized Agent that clearly demonstrates the feasibility of shared parking. The study shall be provided in a form established by the Zoning Administrator or Designated Authorized Agent and made available to the public. It shall address, at a minimum, the size and type of the proposed development, the composition of tenants, the anticipated rate of parking turnover, and the anticipated peak parking and traffic loads for all uses that will be sharing off-street parking spaces;
      2. Location. Shared parking must be provided within five hundred (500) feet of the primary entrance of all uses served, unless remote parking shuttle service is provided;
      3. Agreement. A shared parking plan shall be enforced through a properly drawn legal instrument, executed among all parties participating in the shared parking arrangement, duly approved as to form and manner of execution by the City Attorney, and filed with the Zoning Administrator or Designated Authorized Agent. Shared parking privileges shall continue in effect only so long as such an instrument, binding on all parties, remains in force. If such instrument becomes legally ineffective, then parking shall be provided as otherwise required in this Section.
    2. Off-site parking. Pursuant to the issuance of conditional use permit as specified in Section 3.9: Conditional Use Permit, parking may be provided on a parcel separate from the permitted principal use in accordance with the following:
      1. If the use is residential, a bed and breakfast facility, a tourist home, a lodging establishment, or similar use, the off-site parking shall be within two hundred (200) feet of the principal entrance or the entrance for individual occupants for whom spaces are reserved;
      2. If the use is other than stated above, the off-site spaces shall be within one thousand (1,000) feet of an entrance to the establishment;
      3. Distances indicated above shall be measured along routes generally available to the pedestrians involved;
      4. Off-site parking shall be held in fee simple ownership by the same owner as the use requiring the off-street parking space, or under lease, rental, or other form of agreement satisfactory to the City Attorney with respect to assuring continuing availability for required off-site parking for the use.
  6. Design Standards for Parking Lots and Parking Spaces.
    1. Site Plan. Any application for a building permit and/or development permit shall include a site plan, drawn to scale and fully dimensioned, showing any parking or loading facilities to be provided in compliance with this Ordinance, excluding required parking for four (4) spaces or less. The site plan shall be approved by the applicable approval authority and in accordance with the applicable application procedures specified in Part 2 and/or Part 3 of this Ordinance respectively.
    2. Size of parking and loading spaces. Parking and loading spaces shall be of adequate size and shape to accommodate the required vehicles. Except when modified by the applicable review and approval authority, parking spaces shall meet the dimensional requirements specified in Table 6.3.B and as illustrated in Figure 6.3-F-4. All parking spaces shall have a minimum width of nine (9) feet. Parallel parking spaces shall have a minimum length of twenty-three (23) feet and a minimum width of eight and one-half (8 1/2) feet. Loading spaces to accommodate automobiles shall be a minimum of two hundred fifty (250) square feet in area, exclusive of access. Loading spaces to accommodate tractors and trailers shall be a minimum of six hundred fifty (650) square feet in area, exclusive of access.
    3. Size and number of handicapped parking spaces. The size and number of handicapped parking spaces shall be as established by the Americans with Disabilities Act (ADA).
    4. Pedestrian connections. Safe pedestrian ways and crossings shall be provided from the parking area to the entrance of the building. Driving aisles may be used as pedestrian ways.
    5. Surfacing and drainage. Parking and loading areas shall be graded and drained to dispose of all surface water accumulated within the area. The method of discharge of such water shall be consistent with the provisions of this Ordinance and subject to the approval of the Public Works Director or Designated Authorized Agent. All required parking and loading spaces and access drives shall be paved with concrete or bituminous pavement. Properly designed porous pavement, concrete pavers, permeable pavers, or other materials may be approved by the applicable approval authority provided that design and materials are consistent with the intent of this Ordinance.
    6. Snow storage and removal. Snow storage areas shall be provided on-site where practical and sited in a manner that is accessible to snow removal vehicles. Storage areas shall not be less than twenty five percent (25%) of the improved parking, vehicle and pedestrian circulation areas and shall be landscaped with vegetation that is salt-tolerant and resilient to heavy snow. Storage areas shall not impede parking spaces, vehicular and pedestrian circulation, vision triangles, line of site, loading, trash storage/pick-up, or service areas or utilities. Hauling of snow from high density areas is permissible where other options are not practical.
    7. Lighting. Lighting shall be directed away from adjacent properties so as not to create a nuisance to neighboring uses or traffic. Lighting shall be consistent with Section 6.7: Exterior Lighting.
    8. Landscaping. Parking areas shall be landscaped as specified in Section 6.4: Landscaping, Buffers, and Screening.
    9. Location. Parking and loading spaces generated by development shall be located on the same parcel as the use that they are intended to serve unless otherwise provided pursuant to the provisions of this Section. On street parking may count towards fulfilling parking requirements where specifically allowed pursuant to the provisions of this Ordinance.
    10. Setbacks.
      1. This paragraph does not pertain to single-family detached and two-family residential uses.
      2. To the maximum extent practical, parking is encouraged to be to the side or rear of the principal building.
      3. A minimum five (5) foot setback shall be required between any new or reconstructed parking lot and any interior side parcel line.
      4. In no case shall parking be less than fifteen (15) feet from a public right-of way, except in situations as determined by the Zoning Administrator or Designated Authorized Agent where an existing parking lot is being reconstructed and conformance with this section would drastically decrease the number of required parking spaces or, as may be otherwise allowed by this Ordinance including Subparagraph e. below.
      5. For new parking lots proposed in the City Center (CC) District, the Plan Commission may on a case by case basis, allow a lesser setback from right-of-way lines, while considering neighboring uses and public health and safety. In determining the minimum setback from a street or alley right-of-way, approval shall be based on the following criteria:
        1. Placement of parking area access locations in comparison to street and/or alley intersections, pedestrian walkways, existing and proposed parking spaces, and existing driveways;
        2. Location of existing and proposed parking spaces. To prevent encroachment on to the public right-of-way;
          1. The setback from parking spaces abutting a street right-of-way line shall not be less than three (3) feet. This three (3) foot setback may consist of curbing and landscaping, or the placement of bumper blocks three (3) feet from the right-of-way line.
          2. The boundary between a driving aisle and a street right-of-way line shall be defined by means of curbing, landscaping, fencing, pedestrian barriers or bumper blocks.
        3. Angle of existing and proposed parking spaces;
        4. Speed of vehicular traffic along adjacent street/s;
        5. Storm water runoff management plan;
        6. Consistency with other provisions and conditions of any Site Plan Approval, Conditional Use Permit, or related permit; and
        7. Any other criteria required by the Plan Commission to approve a lesser setback.

          Table 6.3.B: Minimum Parking Space and Drive Aisle Dimensions
          Parking Angle (Degrees)
          Parking Space Length (Feet)Driving Aisle Width (Feet)

          Car-to-Wall Space
          Interlocking Space
          One-Way
          Two-Way
          3017131219
          4519161219
          6020181620
          7520192222
          9018182525

6.4 Landscaping, Buffers, And Screening

  1. Landscaping.
    1. Intent. This Subsection is intended to provide minimum landscaping and planting standards for the purpose of promoting and protecting the health, safety, and welfare of the public by creating an environment that is aesthetically pleasing and that promotes economic development through an enhanced quality of life. This Subsection is also intended to promote proper selection, installation, and maintenance of plant materials that result in the conservation of natural resources.
    2. Applicability. The provisions of this Subsection shall apply to the following types of development:
      1. New development. New development that requires site plan approval or a land division approval as specified in Part 3: Application, Review, and Approval Procedures.
      2. Expansion of existing building, use or parking lot. When a building, use or parking lot is expanded, the requirements of this Subsection shall apply on an incremental basis. This means that landscaping is required in the same proportion that the expanded building area, use or parking lot has to the existing development.
      3. Exemptions. The provisions of this Subsection do not apply to following situations:
        1. Single or two-family dwelling not part of a platted subdivision;
        2. Agricultural uses;
        3. The reconstruction of an existing building of which fifty (50) percent or less of the floor area was destroyed or ruined by flooding, fire, wind storm, or act of God. This exemption shall apply only where reconstruction of that building will not result in an increase in building size or paving area of the parking facilities to be provided;
        4. Interior finish work or remodeling in a portion of a building unless the work results in an increase in the paving area of the parking facilities or in an enlargement in the exterior dimensions of the building;
        5. Any use, building, or structure for which only a change of use is requested and which requires no structural modifications that increase its volume or scale.
    3. Landscape plan required. Applications subject to this Subsection shall include a landscape plan prepared by a landscape architect or other qualified person in accordance with the provisions of this Subsection. At a minimum, the landscape plan shall include the following information:
      1. General information. Name and address of the developer/owner; name and address of the landscape architect or designer; date of preparation; date and description of all revisions; and name of the project or development;
      2. Landscape Plan. A scaled drawing of the site based on a survey of the property showing the following:
        1. Existing and proposed base conditions: indication of scale and north arrow, the names and right-of-ways of proposed and existing streets; location of all existing and proposed easements and right-of-ways; existing and proposed topography at two (2) foot contour intervals; location of proposed and existing buildings, utilities (underground and overhead), parking areas, water bodies, walks, and other site features;
        2. Existing and proposed landscaping: the location, size, and identification of all existing and proposed trees and shrubs with appropriate planting details; the delineation of areas to be seeded and/or sodded; the location of all existing and proposed planting beds with the identification of all plant material used; the location of all existing and proposed hardscape improvements, including patios, retaining walls, fences, and similar improvements; and the location and details of irrigation systems;
        3. Planting schedule: a table showing the common and botanical names, the size (including maximum growth size), root specifications, quantities, and special planting conditions, or the proposed plantings.
    4. Planting requirements. The planting requirements for development subject to this Subsection shall be as follows:
      1. Planting requirements for single and two-family parcels associated with a new subdivision. Development of one and two-family parcels in a new subdivision shall provide a minimum of three (3) trees per single-family parcel and a minimum of five (5) trees per two-family parcel;
      2. Planting requirements for uses on parcels other than single and two-family parcels. Development or redevelopment of all parcels, except one and two-family parcels, shall comply with the following standards:
        1. For development on parcels less than five (< 5) acres in area, the minimum number of trees and shrubs shall be based on the undeveloped area.
          1. Deciduous trees (under 6.4 A., 5., a. (2)): one (1) tree per twenty-five hundred (2,500) square feet; OR
          2. Coniferous trees (under 6.4 A., 5., a. (3)): one (1) tree per one thousand (1,000) square feet; AND
          3. In addition to trees, one (1) shrub shall be required for every one thousand (1,000) square feet.
        2. For development on parcels greater than five (> 5) acres in area, the minimum number of trees and shrubs required shall be based on the developed area.
          1. Deciduous trees (under 6.4 A., 5., a. (2)): one (1) tree per twenty-five hundred (2,500) square feet of development; OR
          2. Coniferous trees (under 6.4 A., 5., a. (3)): one (1) tree per one thousand (1,000) square feet of development; AND
          3. In addition to trees, one (1) shrub shall be required for every one thousand (1,000) square feet of development.
      3. Planting requirements for new accessory buildings and structures on parcels with existing development. New accessory buildings and structures shall provide one (1) tree and two (2) shrubs for every two thousand (2,000) square feet of land disturbance. New trees and shrubs shall be in addition to vegetation requirements for previous development. Credit may be given for trees and shrubs installed during previous development that exceeds current vegetation requirements. This Paragraph does not pertain to parcels with existing single and two family dwellings.
      4. Planting requirements for the interior of parking lots. Parking areas with twenty (20) or more parking spaces shall have at least ten (10) percent of the total interior parking area landscaped with plantings. Parking areas with one-hundred (100) or more spaces shall have at least twenty-five (25) percent of the required ten (10) percent to be landscaped as planting islands. Planting islands shall have a minimum width of three (3) feet and a minimum length of nine (9) feet;
      5. Street tree requirements for subdivisions. Street trees shall be required to be planted in the public right-of-way as in accordance with Part 9: Land Divisions and Improvements. Street trees provided in the public right-of-way shall not be given credit for contributing to the planting requirements on the parcel;
      6. Credit for preservation of existing trees. Sites containing existing deciduous trees that have an existing diameter of at least eight (8) caliper inches measured at four and one-half (4-1/2) feet above the root collar and coniferous trees that have an existing height of at least six (6) feet shall count towards the number of required trees on the site provided that the trees are preserved;
      7. Exceptions to planting requirements. The planting requirements specified in this Section may not be applicable to all development or redevelopment in the city. For example, the compact nature of the CC City Center District may not reasonably allow for the planting of trees as specified in this Section. Consequently, at the discretion of the applicable approval authority, the approval authority may waive or alter (without a variance) the planting requirements of this Section when it is determined that the requirements cannot be reasonably met due to the unique conditions of the zoning district, the parcel, or the development.
    5. Acceptable plant materials. Plant materials shall comply with the following standards:
      1. Minimize size requirements. Trees shall comply with the following minimum size requirements:
        1. Deciduous trees for one or two-family parcels: one and one-half (1-1/2) caliper inches, measured at four and one-half (4-1/2) feet above the root collar;
        2. Deciduous trees for all other parcels: two and one-half (2-1/2) caliper inches, measured at four and one-half (4-1/2) feet above the root collar;
        3. Coniferous trees or multi-trunk deciduous trees for all parcels: Six (6) feet tall;
        4. Shrubs for all parcels: no less than twenty-four (24) inches in height.
      2. Plant species. Plant species shall relate favorably to the conditions for which they are intended to be placed. Native plants are recommended where appropriate;
      3. Species diversity. No more than fifty (50) percent of the trees planted on a development shall be of the same species;
      4. Prohibited plants. No noxious weeds, nuisance weeds, nor invasive woody plants shall be planted or allowed to grow, pursuant to City of Ashland Ordinance 750: Property Maintenance.
    6. General planting requirements. All development requiring a landscape plan pursuant to this Ordinance shall comply with the following standards:
      1. Undisturbed areas. Undisturbed areas containing viable vegetation may be left in an undisturbed state pursuant to City of Ashland Ordinance 750: Property Maintenance;
      2. Disturbed areas. All disturbed areas that are not devoted to buildings, parking, circulation, patios, and similar uses shall be seeded, sodded, or landscaped with trees, shrubs, perennials, annual plantings, or other landscaping materials in accordance with this Subsection;
      3. Required sodding or seeding. Unless specifically waived by the approval authority due to excessively large areas or other limitations, all newly disturbed areas in the front and side yards shall be covered with sod, landscape plantings, or other landscape improvements. Rear yards and areas that are part of an approved natural landscape plan may be seeded or covered with another appropriate groundcover in lieu of sod;
      4. Slopes and berms. Final slopes greater than a 3:1 ratio (thirty-three (33) percent slope) shall not be permitted without the written approval of the Zoning Administrator or Designated Authorized Agent;
      5. Placement of plant materials. Placement of plant materials shall comply with the following standards:
        1. No plantings shall be placed in a manner (or be allowed to be maintained in a manner) that interferes with the required vision triangle as specified in
        2. No trees shall be placed in drainage or utility easements without the written permission of the Public Works Director or Designated Authorized Agent;
        3. No plantings (other than seed or sod associated with maintained lawns) shall be placed in the public right-of-way without the written approval of the Public Works Director or Designated Authorized Agent;
        4. Plant material centers shall be located at least three (3) feet from fences and parcel lines.
      6. Time requirement for installation. The landscaping required by this Section shall be installed to the satisfaction of the Zoning Administrator or Designated Authorized Agent within one (1) growing season of building completion or occupancy, whichever is first. In the event completion or occupancy occurs after September 15, installation shall be required by June 1 of the following year;
      7. Responsibility. The developer shall be responsible for installation of required plant materials, unless there is no developer in which case the property owner shall be responsible. After the plantings are installed, the property owner or their authorized agent shall be responsible for timely replacement of any dead plant materials required by this Section;
      8. Maintenance. All plant material shall be maintained in an attractive and healthy growing condition at no cost to the City. Additionally, all plant material shall be maintained as specified in City of Ashland Ordinance 750: Property Maintenance.
    7. Tree preservation and replacement. Tree preservation and replacement shall be as specified in City of Ashland Ordinance 454: Planting, Maintenance & Removal of Trees & Shrubs.
  2. District Boundary Buffers.
    1. Intent. District boundary buffers are intended to prevent or minimize the use of a more intense property in one zoning district from negatively affecting a less intense use of an immediately adjacent property in another zoning district.
    2. Requirements. Development or significant redevelopment of a more intense use in a zoning district that borders a less intense use in another zoning district shall provide a buffer along the common parcel lines pursuant to the following:
      1. Medium to high-density residential buffers. Medium to high-density residential uses shall provide a minimum ten (10) foot landscaped buffer (in addition to the required building setback) between adjacent single or two-family residential uses in another zoning district;
      2. Commercial buffers.
        1. Commercial uses shall provide a minimum ten (10) foot landscaped buffer (in addition to the required building setback) between adjacent medium to high density residential uses in another zoning district.
        2. Commercial uses shall provide a minimum twenty (20) foot landscaped buffer (in addition to the required building setback) between adjacent low density residential uses in another zoning district.
      3. Industrial buffers.
        1. Industrial uses shall provide a minimum twenty (20) foot landscaped buffer (in addition to the required building setback) between adjacent commercial uses in another zoning district.
        2. Industrial uses shall provide a minimum thirty (30) foot landscaped buffer (in addition to the required building setback) between adjacent residential uses.
      4. Other buffers not specifically defined. Where this Ordinance does not clearly define the required buffer between adjacent uses in different districts, the Zoning Administrator or Designated Authorized Agent shall determine the required buffer.
    3. Design of buffer. The width of the required buffer shall be in addition to the required building setback specified in the applicable zoning district. The buffer shall be adequately landscaped to provide an effective visual screen between the uses. In addition to plantings, fences, walls, and berms, which comply with the provisions of this Ordinance, may be used in the buffer to provide an effective screen.
  3. Buffers or Screening Between Mixed Uses within the Same District.
    1. Intent. The City’s Comprehensive Plan and this Ordinance recognize existing and proposed mixed use areas in the City. However, even in a mixed use situation, it is beneficial to provide a buffer or screen between more intense and less intense uses; for example, between a restaurant and a single-family dwelling in a mixed use district. Therefore, it is the intent of this Subsection to provide standards for buffers and/or screens between mixed uses within the same district.
    2. Requirements. Where proposed development abuts a permitted and less intense use in the same district, the proposed use shall provide a minimum ten (10) foot wide landscaped buffer (in addition to the required building setback) between the proposed development and the less intense use. The Zoning Administrator or Designated Approval Authority may reduce the required buffer width (without processing a variance) provided the subject development provides a fence or wall (consistent with the provisions of this Ordinance), which provides an adequate buffer or screen between the uses. Buffers or screening shall be a minimum of six (6) feet in height, except that commercial parking areas abutting residential uses shall only require a buffer or screen of four and one-half (4 ½) feet in height.
  4. Screening of Equipment, Vehicles, Outdoor Storage, and Similar Uses.
    1. Intent. This Subsection is intended to provide standards for the screening of parking lots, structures, equipment, and similar uses from surrounding properties and right-of-ways.
    2. Screening of parking lots. Parking lots with five (5) or more spaces shall be screened from the street right-of-way and adjacent properties to the extent practical, as determined by the Zoning Administrator or Designated Authorized Agent as follows:
      1. Parking lots shall be screened with a landscaped area, no less than five (5) feet wide, in which plantings and/or berms no less than three (3) feet in height are located; or
      2. Parking lots may be screened with a fence or wall between four (4) and six (6) feet in height. The fence shall be consistent with Section 6.5: Fences.
      3. Parking lots in the City Center (CC) District may be exempt from the provisions of this Paragraph pursuant to Section 6.3 F., 10. if a lesser setback is approved by the Plan Commission.
    3. Screening of mechanical and electrical equipment. Mechanical and electrical equipment associated with uses other than single and two-family residential uses shall be screened from public view as follows:
      1. Rooftop equipment. Rooftop equipment shall be screened using materials that are harmonious with the subject building. Screening materials may include metal screening or louvers that are painted to blend in with the surroundings;
      2. Wall mounted or ground equipment. To the maximum extent practical, as determined by the Zoning Administrator or Designated Authorized Agent, buildings with wall mounted or ground equipment shall provide equipment screening that is an integral to the design of the building. Where this is not practical, plantings, wood fences, or masonry walls may be used to screen the equipment from public view;
      3. Utility substations. Utility substations shall be screened with a minimum six (6) foot high screen.
    4. Screening of trash containers. Trash dumpsters and other trash containers associated with uses other than single and two-family residential uses shall be screened to the maximum extent practical, as determined by the Zoning Administrator or Designated Authorized Agent, as follows:
      1. Trash containers shall be screened on all four (4) sides, using an enclosure that is a minimum of one(1) foot above the container;
      2. The trash enclosure shall be constructed of materials that are harmonious with those of the principal structure;
      3. The gate or door of the trash enclosure shall be closed at all times except as needed to access the trash containers.
    5. Screening of loading docks. Loading and service areas shall be screened to the maximum extent practical, as determined by the Zoning Administrator or Designated Authorized Agent, as follows:
      1. Loading and service areas shall be located at the rear of buildings and shall be screened from view of any street or adjacent parcel;
      2. Loading and service areas shall be enclosed on three sides by a wall or other screening device not less than eight (8) feet in height;
      3. Screening materials shall be comprised of a wall that is harmonious with the primary structure.
    6. Screening of outdoor storage for commercial and industrial uses. Permitted outdoor storage and outdoor storage areas associated with commercial or industrial uses shall be screened as follows:
      1. Outdoor storage areas exposed to view from any street adjacent to the parcel on which the storage is located shall be screened by a six (6) foot high sight-obscuring fence, wall, landscape berm, or planting strip when approved by the Zoning Administrator or Designated Authorized Agent;
      2. Materials covered by buildings with roofs only, but without any sides, shall be considered outdoor storage and shall be subject to the screening provisions of this Subsection. This provision shall not apply to the display of new or used agricultural implements, motor vehicles, trailers, or watercraft where such activities are an integral part of an automobile, agricultural implement, or watercraft dealership or storage facility;
      3. Screening of outdoor salvage yards shall be consistent with Section 5.3, B.: Recycling Facilities and Indoor and/or Outdoor Salvage Operations.

6.5 Fences

  1. Intent. The intent of this Section is to regulate the materials, location, height, and maintenance of fences, gates, arbors and walls to prevent the creation of nuisances and to protect the safety and general welfare of the public.
  2. Compliance and Required Fence Permit.
    1. Compliance. It shall be unlawful to construct or cause to be constructed a fence, gate, arbor, or wall that does not meet the provisions of this Section.
    2. Required fence permit. No fence, gate, arbor or wall (except those specifically exempted by this Section) shall be constructed without first having obtained an approved fence permit from the Building Inspector, Zoning Administrator, or Designated Authorized Agent, pursuant to Section 3.43: Fence Permit.
    3. Fences not requiring a fence permit. The following types of fences shall not require the issuance of a fence permit. However, the fence may not be located in the public right-of-way and must comply with the provisions of this Paragraph.
      1. Temporary snow fences. For the purpose of catching windblown snow, the erection of temporary snow fences shall not require a fence permit, provided the following conditions are met:
        1. The fence shall not be erected prior to October 30 and shall not remain later than April 15 of each year; and
        2. At no point shall the fence be a safety concern for pedestrians or vehicular traffic.
      2. Temporary construction fences. Fences on construction and excavation sites for erosion control, the protection of plants, and the protection of the construction site shall not require a permit, provided the following conditions are met:
        1. Fences are approved by the Zoning Administrator or Designated Authorized Agent;
        2. The fence may be standing for no more than one hundred eighty (180) consecutive days per calendar year, unless approved by the Zoning Administrator or Designated Authorized Agent; and
        3. The fence material shall comply with general fence types allowed by this Section, unless approved by the Zoning Administrator or Designated Authorized Agent.
      3. Seasonal garden fences and arbors. Fences made of wire, plastic, or wood shall be allowed around garden areas without a permit, provided the following conditions are met:
        1. The fence shall not exceed seventy-two (72) inches in height; and
        2. The fence shall be removed at the end of the growing season.
  3. General Design Standards.
    1. Type, material and maintenance. All fences and walls shall comply with the following criteria:
      1. Fences and walls should be constructed in a manner and of such materials and colors that do not adversely affect the appearance of the neighborhood or adjacent property values;
      2. Fences and walls hereafter erected shall be durable, weather resistant, rust proof, and easily maintained;
      3. Fences and walls shall be constructed of new or like new materials;
      4. All fences and walls shall be installed in a workmanlike manner, be maintained in good repair and be properly anchored so as to be kept in safe and sound condition;
      5. All fences shall be protected from the elements and against decay and rust by the periodic application of weather-coating material, such as paint or other protective treatment as applicable;
      6. The finished appearance of fences and walls shall be constructed with the higher quality finish directed toward the exterior of the parcel if the visual quality of the fence or wall is not the same on both sides;
      7. Metallic cyclone type or other open grid fences shall not be used as required screening between uses, except slatted fencing may be used in rear or side yards abutting a rear or side yard. Metallic cyclone fences shall not be used in front yards, except for industrial uses in industrial districts. Woven wire fencing is prohibited in Residential Districts.
      8. Front yard fences and walls for residential uses or located in residential districts shall be fifty percent (50%) open fencing at a minimum.
    2. Height. All fence and wall heights shall be measured from the average grade (measured at a point three (3) feet on each side of the fence or wall) to the top of the fence or wall. Fence height shall comply with the following standards:
      1. Residential uses.
        1. Front yard: Four (4) feet maximum.
        2. Side yards: The maximum height in a side yard adjacent to a street is four (4) feet. When the side yard does not abut a neighbor’s front yard, the maximum height is six (6) feet.
        3. Rear yard. The fence or wall shall not be taller than six (6) feet, except when a rear yard abuts a neighbor’s front yard the maximum height is four (4) feet.
        4. Corner side yard. In a corner side yard, if installed with a minimum setback of ten (10) feet from the front face of the principal building and a minimum of fifteen (15) feet from the side corner parcel line, a fence or wall may have a maximum height of six (6) feet.
      2. Commercial and public/institutional uses.
        1. Front yard: Four (4) feet maximum, except with the issuance of a conditional use permit pursuant to Section 3.9: Conditional Use Permit, up to eight (8) feet may be permitted.
        2. Side yards: The maximum height in a side yard adjacent to a street is four (4) feet. When the side yard does not abut a neighbor’s front yard, the maximum height is six (6) feet, except with the issuance of a conditional use permit pursuant to Section 3.9: Conditional Use Permit, up to eight (8) feet may be permitted.
        3. Rear yard. The fence or wall shall not be taller than six (6) feet, except when a rear yard abuts a neighbor’s front yard the maximum height is four (4) feet. With the issuance of a conditional use permit pursuant to Section 3.9: Conditional Use Permit, up to eight (8) feet may be permitted.
        4. Corner side yard. In a corner side yard, if installed with a minimum setback of ten (10) feet from the front face of the principal building and a minimum of fifteen (15) feet from the side corner parcel line, a fence or wall may have a maximum height of six (6) feet.
      3. Industrial uses.
        1. Front yard: Four (4) feet maximum, except with the issuance of a conditional use permit pursuant to Section 3.9: Conditional Use Permit, up to eight (8) feet may be permitted.
        2. Side yards: The maximum height in a side yard adjacent to a street is six (6) feet, unless increased through issuance of a conditional use permit pursuant to Section 3.9: Conditional Use Permit. When the side yard does not abut a neighbor’s front yard, the maximum height is eight (8) feet.
        3. Rear yard. The fence or wall shall not be taller than eight (8) feet, except when a rear yard abuts a neighbor’s front yard the maximum height is four (4) feet. With the issuance of a conditional use permit pursuant to Section 3.9: Conditional Use Permit, up to eight (8) feet may be permitted.
      4. Fences and walls shall be allowed to exceed the height requirements of this Section with the issuance of a conditional use permit pursuant to Section 3.9: Conditional Use Permit.
      5. Arbors, as part of a fence or wall may not exceed a maximum height or width of eight (8) feet.
    3. Location. The location of all fences and walls shall comply with the following:
      1. Fences and walls may be located on the parcel line, except where otherwise indicated in this Section.
      2. No fence or wall shall be located within an easement area without first obtaining all applicable authorizations, including the prior approval of the Building Inspector or Designated Authorized Agent.
      3. No fence or wall shall be located within the public right-of-way and in no case shall a fence or wall be located closer than five (5) feet to the paved edge of a street (or face of curb) nor three (3) feet to the edge of an alley right-of-way.
      4. No wall or fence shall be permitted that materially impedes the required vision triangle as specified in Section 6.1, H.: Vision Triangle.
      5. All fences and walls shall be located at least thirty five (35) feet from the ordinary high water mark of lakes, and navigable rivers, creeks, and streams, and at least ten (10) feet from wetlands, except those fences constructed pursuant to Chapter 90 of the Wisconsin State Statutes.
      6. The framing and posts of wood, chain link, picket, stockade, and decorative metal fences shall face the inside of the parcel area fenced.
  4. Special Provisions and Requirements.
    1. Fence or wall intended to serve as a swimming pool barrier. A fence or wall may serve as a swimming pool barrier provided that is complies with all applicable provisions for a swimming pool barrier as specified in Section 5.6, L., 8.: Swimming Pool Barrier.
    2. Barbed wire and security fences. Barbed wire and security fences shall be permitted by conditional use permit only, except that barbed wire fences shall be permitted for the purpose of fencing livestock on a parcel with an area of five (5) acres or more.
    3. Electric fences. No electric fencing is permitted without demonstration of need for the fencing. Electrified fencing shall be allowed in any District, excluding the R-1, R-2, R-3 and R-4 Districts, only if approved in writing by the Building Inspector or Designated Authorized Agent. Visible signage shall be required along the electrical fencing giving warning to the public.
    4. Nonconforming fence or wall. A nonconforming fence or wall, excluding seasonal electric fences, may continue pursuant to Section 10.5, B.: Nonconforming Site Features.

6.6 Signs

This section shall be applied and interpreted so as to eliminate any regulation or differential treatment based on content, except where required to protect public health and safety and where essential to provide directional or locational information. No provision of this section which purports to regulate or differentially treat signage based on content, except as provided in the foregoing sentence, shall be enforced.

  1. Intent. This Section is intended to accomplish the following:
    1. Encourage the effective use of signs as a means of communication in the City while preserving the rights of free speech under the First Amendment to the United States Constitution;
    2. Permit signage that is designed, constructed, installed, and maintained in an aesthetically pleasing manner;
    3. Encourage a positive business atmosphere;
    4. Promote the health, safety, and general welfare of the citizens of Ashland and preserve or enhance property values;
    5. Eliminate excessive and confusing signs that create potential hazards to motorists, pedestrians, and property;
    6. Effectively regulate issues pertaining to the location, size, height, and lighting of signs in an effort to assure compatibility with adjoining land uses, architecture, and landscape; and
    7. Provide for consistent and fair application and enforcement of regulations pertaining to signs.
  2. Administration and Sign Permits Required.
    1. Administration. The Zoning Administrator or Designated Authorized Agent shall be responsible for administering and enforcing the provisions of this Section. The Zoning Administrator or Designated Authorized Agent shall examine all sign permit applications, issue permits and denials, authorize the continued use of signs that conform with the requirements of this Ordinance, record and file all applications for permits with any accompanying plans and documents, make inspections of signs in the City of Ashland, and make such reports as the City may require.
    2. Permits required. It shall be unlawful for any person to erect, construct, enlarge, relocate, or structurally modify a sign or cause the same to be done in the City of Ashland without first obtaining a sign permit for each such sign from the City of Ashland as specified in Section 3.36: Sign Permit. Signs not requiring a permit, as specified in Section 6.6, C. below, shall be exempt from this requirement.
    3. Sign permit appeal. In the event the Zoning Administrator or Designated Authorized Agent denies a sign permit application, the applicant may appeal the decision to the Zoning Board of Appeals pursuant to Section 3.11: Appeal of and Administrative Decision.
    4. Violations. Any person, firm, association, or corporation found in violation of this section may be subject to a monetary penalty or other remedy pursuant to Part 11: Violations and Remedies.
  3. Signs Not Requiring a Sign Permit. Sign permits shall not be required for a change of copy on any sign, nor for the re-painting, cleaning, and other normal maintenance and repair of the sign and sign structure. In addition, sign permits shall not be required for the following signs provided the signs comply with the standards under Section 6.6 E: General Provisions, Design, Maintenance, and Removal Standards, 1.-9., and the following standards:
    1. Awning and canopy signs. Signage that does not exceed one line of copy on the valance (or apron) of an awning or canopy shall not require a sign permit provided the individual letters or graphics do not exceed nine (9) inches in height and it is not illuminated. Awnings and canopies shall comply with the dimensional standards specified in Section 6.6, F., 1: Awning and Canopy Signs.
    2. City banners installed on City-owned poles. City banners installed on City-owned poles shall not require a sign permit.
    3. Construction signs. Construction signs shall not require a sign permit provided that no more than two (2) construction signs shall be allowed per construction site, that no sign shall exceed one hundred (100) square feet of sign and graphic area each, and such signs shall not be illuminated. The signs shall be confined to the construction site and shall be removed within thirty (30) days after completion of construction or prior to occupancy, whichever is sooner.
    4. Informational signs. Informational signs shall not require a sign permit provided they comply with the following standards:
      1. Informational signs shall be located entirely on the parcel to which they pertain, shall be located no closer than five (5) feet to any parcel line, and shall not be located within the required vision triangle specified in Section 6.1, H.: Vision Triangle;
      2. Signs shall be limited to one (1) sign per entrance;
      3. Signs shall not exceed eight (8) square feet each in area;
      4. Informational signs intended to designate parking-only or no-parking areas, where the sign is attached to the building façade or a post not to exceed a height of six (6) feet from the ground or top of curb, should be visible only from the parking area, shall be limited to one (1) sign per 4 parking spaces, and shall not exceed two (2) square feet in area each;
      5. Freestanding informational signs shall not exceed a height of two and one-half (2-1/2) feet from the ground or top of curb (whichever provides greater visibility) to the top of the sign;
      6. Informational signs shall not in any way advertise a business or list goods or services for sale.
    5. Governmental flags. Flags of the United States, State of Wisconsin, City of Ashland, and any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction are permitted in all zoning districts without a sign permit provided they comply with the following standards. Flags that exceed the following standards may be considered pursuant to the conditional use permit process.
      1. There shall be no more than three (3) flagpoles per parcel;
      2. Flagpoles shall not exceed the allowable building height in the district in which the flagpole is located, but in no case shall the height of the flagpole exceed a height of thirty-five (35) feet;
      3. The total area of all flags combined shall not exceed seventy-five (75) square feet;
      4. Lighting of flags compliant with this sub-section shall be exempt from lighting standards pursuant to Section 6.7: Exterior Lighting;
      5. Property owners are encouraged to lower all flags at sunset and during inclement weather.
    6. Government/Public/Institutional signs. Government signs erected for control of traffic and other regulatory purposes, directional signs, railroad crossing signs, signs of public utilities indicating danger, and aids to service or safety, which are erected by or on the order of a public officer in the performance of his or her duty. Public signs as specifically authorized for a public purpose by any law, statute, or ordinance. Institutional signs erected to display educational facility/campus locations, building identification, transportation routes, or similar institutional uses not visible or intended to be visible from public street rights-of-way or adjacent non-institutional parcels.
    7. Home occupation signs. Home occupation signs shall not require a sign permit provided that they are non-illuminated wall or ground signs that do not exceed six (6) square feet in area, and advertise an allowable or permitted home occupation pursuant to Section 5.1, F: Home Occupations. No more than one (1) home occupation sign shall be allowed per residential property.
    8. House or building numbers and name plates. House numbers and name plates not exceeding two (2) square feet in area shall be allowed for each building without the issuance of a sign permit.
    9. Interior signs. Interior signs shall not require a sign permit provided that they are located within the interior of the building or structure. This does not, however, exempt such signs from the structural, electrical, or material specifications of this Ordinance.
    10. Memorial signs, plaques, tablets, names of buildings, and date of erection. Memorial signs, plaques, tablets, names of buildings, and date of erection that are cut into a masonry surface or inlaid so as to be part of a building or when constructed of bronze or other noncombustible material not more than four (4) square feet of area shall be allowed for any building, without the issuance of a sign permit.
    11. No trespassing or no dumping signs. No trespassing or no dumping signs shall be allowed without the issuance of a sign permit provided that they do not exceed two (2) square feet in area per sign.
    12. Political and campaign signs. Political and campaign signs on behalf of candidates for public office or measures on election ballots shall be allowed without a sign permit pursuant to Section 12.04 of the Wisconsin Statutes and as follows. If a conflict exists between provisions of this Ordinance and Wisconsin Statutes, Wisconsin Statutes shall take precedence.
      1. Said signs may be erected no earlier than sixty (60) days prior to the primary election and shall be removed within fifteen (15) days following said election;
      2. Signs shall be placed on private property with the consent of the property owner, shall not be located within public rights-of-way; and
      3. Each sign, except billboards as permitted by this Ordinance, shall not exceed eight (8) square feet associated with residential properties or sixteen (16) square feet associated with non-residential properties.
    13. Public notices. Public notices posted by Designated Authorized Agents of the City or other official Governmental Agencies shall not require a sign permit.
    14. Real estate signs. Real estate signs shall be allowed on any parcel, without the issuance of a sign permit, subject to the following provisions:
      1. A real estate sign shall not be illuminated;
      2. No more than one (1) real estate sign shall be allowed per parcel, except where a parcel has frontage on two or more public streets, said parcel shall be allowed placement of real estate signs on each frontage;
      3. A real estate sign shall be removed within thirty (30) days after the sale, rental, or lease has been accomplished;
      4. For residential uses, a real estate sign shall not exceed six (6) square feet in area and six (6) feet in height;
      5. For non-residential uses, a real estate sign shall not exceed thirty-two (32) square feet in area and twelve (12) feet in height;
      6. A real estate sign shall be located outside of the public right-of-way.
    15. Symbols or insignia on premise. Religious symbols, commemorative plaques of recognized historic agencies, or identification emblems of religious orders or historic agencies shall be allowed without the issuance of a sign permit provided that they do not exceed thirty-two (32) square feet.
    16. Temporary promotional banners. Temporary promotional banners may be installed in any district without the issuance of a sign permit pursuant to the following standards, except that if the standards listed under 17.b. or 17.c. are exceeded, a temporary sign permit shall be obtained pursuant to Section 3.36: Sign Permit:
      1. No temporary promotional banner shall exceed thirty-two (32) square feet in area;
      2. No temporary promotional banner shall be allowed to be displayed more than seven (7) consecutive days per calendar year;
      3. No use shall have more than one (1) promotional banner per building side, except that if a parcel contains more than one hundred fifty (150) feet of linear frontage, two (2) promotional banners may be allowed on one (1) side;
      4. Temporary promotional banners shall be constructed of durable weather resistant fabric, be non-illuminated and shall be securely attached to the building structure;
      5. Where a building structure does not exist, the temporary promotional banner may be erected on a parcel using posts, as approved by the Zoning Administrator or Designated Authorized Agent.
    17. Temporary signs: on-premise. On-premise temporary signs may be installed in any district without the issuance of a sign permit pursuant to the following standards, except that if the standards listed under 18.a., 18.c. or 18.d. are exceeded, a temporary sign permit shall be obtained pursuant to Section 3.36: Sign Permit:
      1. No use shall have more than one (1) on-premise temporary sign per parcel side;
      2. No on-premise temporary sign shall exceed thirty-two (32) square feet in area and shall be made of durable and weather resistant materials;
      3. No on-premise temporary sign shall be allowed to be displayed more than three (3) consecutive days per calendar year;
      4. Temporary personal property sale signs pertaining to the sale of personal property, such as, but not limited to, a vehicle, boat, or storage building, shall only be displayed on such item until sold, but not exceeding one (1) year, and shall not exceed four (4) square feet in area;
      5. Display of temporary garage or yard sale signs shall not exceed the length of the sale and must be placed outside of the public right-of-way.
    18. Temporary signs: off-premise pertaining to civic events.
      1. Non-City-owned parcels. Signs shall not exceed twelve (12) square feet in area each, shall not be located in a vision triangle and shall be posted no more than three (3) days prior to and one (1) day following the event, unless otherwise approved by the Zoning Administrator or Designated Authorized Agent.
      2. City-owned parcels (excluding City-owned parks or rights-of-way). Signs proposed to be located on a City-owned parcel shall require approval from the Zoning Administrator or Designated Authorized Agent. Signs shall not exceed twelve (12) square feet in area each, shall not be located in a vision triangle and shall be posted no more than three (3) days prior to and one (1) day following the event, unless otherwise approved by the Zoning Administrator or Designated Authorized Agent.
      3. Public rights-of-way. Signs proposed to be located in public rights-of-way (excluding Sidewalk Signs permitted under Section 3.45) may be allowed upon issuance of a Right-of-Way Permit by the Public Works Director or Designated Authorized Agent and pursuant to any regulations and standards in City of Ashland Ordinance 508.
    19. Temporary signs: City-owned park. Temporary signs proposed to be located in a City-owned park may be allowed upon approval of the Parks and Recreation Committee or Designated Authorized Agent.
    20. Vehicular signs. Trucks, buses, trailers, or other vehicles while operating in the normal course of business, which is not primarily the display of signs, shall not require a sign permit.
    21. Window signs.
      1. Permanent window signs. Permanent window signs shall not require a sign permit provided that they are not illuminated and do not cover more than twenty-five (25) percent of the window area on each elevation of a building. All window signs shall be placed on the interior surface of the glass.
      2. Temporary window signs. Temporary window signs, such as community announcements and special events posters, posted for no more than thirty (30) days, shall not require a permit. Temporary window signs may not impede on door windows or other windows that need to be clear for pedestrian safety.
  4. Prohibited Signs. The following signs shall be prohibited in the City of Ashland. Existing nonconforming signs, excluding abandoned signs, may continue pursuant to the nonconforming provisions specified in Section 10.6: Nonconforming Signs.
    1. Abandoned signs. Abandoned signs that advertise an activity, business, product, or service no longer available, shall be prohibited.
    2. Painted signs on the face of a structure. Painting a sign directly on the face of a structure, boulder, or similar feature shall be prohibited, except that painted murals may be approved pursuant to Section 5.6, I.: Public Art.
    3. Portable signs and portable reader boards. Portable signs (including, but not limited to, signs placed or installed on a trailer or vehicle not operating in the normal course of business) and portable reader boards shall be prohibited except when allowed as a temporary sign pursuant to Section 6.6, C.: Signs Not Requiring a Sign Permit or a sidewalk sign pursuant to Section 6.6, F., 8.: Sidewalk Sign.
    4. Roof signs. Roof signs, including signs mounted on a roof surface or projecting above the roof line of a structure if either attached to the structure (or cantilevered over the structure) shall be prohibited, except with the issuance of a conditional use permit pursuant to Section 3.9: Conditional Use Permit.
    5. Signs with flashing, blinking, or traveling lights. Signs with flashing, blinking, or traveling lights, or erratic or other moving parts.
    6. Signs affixed to trees, lamp posts, or utility poles. Signs affixed to trees, lamp posts, utility poles, or similar features located in public rights-of-way shall be prohibited.
    7. Signs affixed to satellite dishes, wind energy facilities or telecommunication towers. Graphic designs or advertising, excluding communication call letters or frequencies, affixed to satellite dishes, wind energy facilities, telecommunication towers or other similar features shall be prohibited pursuant to Section 5.4, A., 1., d. Satellite dishes between three (3) feet and twelve (12) feet in diameter, Section 5.4, D., 3., i. Design Standards and Section 5.4, A., 2., i. (11) Wireless telecommunication facilities.
    8. Signs within the public right-of-way. No sign shall be placed in the public right-of-way, except as expressly permitted by this Section. Any sign placed in the ROW and not removed in a timely manner by the owner of the adjacent property after written notification from the Zoning Administrator or Designated Authorized Agent may be removed by the Zoning Administrator or Designated Authorized Agent. Signs that have been removed by City Staff will be held at the Ashland City Hall for at least two (2) weeks before proper disposal, and may be claimed by the business owner during that time.
    9. Any sign not expressly permitted. Any sign not expressly permitted by this Section shall be prohibited.
  5. General Provisions, Design, Maintenance, and Removal Standards.
    1. Compatibility. To the maximum extent practical, signs shall be compatible and complimentary to their surroundings in terms of size, shape, color, texture, and lighting. Buildings and sites shall be designed so that the signs are an integral part of the building and/or site. Signs shall not visually detract from other conforming signs.
    2. Protection of First Amendment rights. Any sign under this Ordinance may contain, in lieu of any other copy, any otherwise lawful noncommercial message that does not direct attention to a business, activity conducted, or product sold or offered at a location.
    3. Sign measurements. Sign area and sign height measurements shall be calculated as follows:
      1. Sign copy and graphic area. The sign copy and graphic area shall be calculated by means of the smallest four-sided figure (such as a rectangle) that encompasses the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign and copy graphic area from the structure;
      2. Sign structure area. Where a maximum allowable sign structure is specified in this section, the sign structure area shall include the sign copy and graphic area as well as the structure on which the sign copy and graphic are placed. The sign structure area generally applies to freestanding signs;
      3. Sign structure height. The height of a freestanding sign shall be measured from the average grade (measured at a point three (3) feet on each side of the sign) to the top of the sign structure. Where a freestanding sign is located adjacent to a street that is above the ground elevation of the proposed freestanding sign, the height of the freestanding sign shall be measured from the elevation of the road centerline immediately adjacent to the sign, rather than the elevation at the base of the sign;
      4. Double sided signs. The sign copy and graphic area of a double sided sign with identical sign copy and graphics on both sides shall be calculated based on the sign and copy graphic area of one side of the sign provided that the angle between the two sign faces does not exceed forty-five (45) degrees.
    4. Buildings with a secondary public entrance at the rear or side of the building. In addition to the allowable signage associated with a use in a particular district, commercial, public, and institutional uses that have a secondary entrance for the public that does not front a public right-of-way, may have, at the secondary entrance, one (1) sign not to exceed thirty-two (32) square feet.
    5. Placement of signs. The placement of signs shall comply with the following standards.
      1. Minimum required distance from parcel lines. All signs shall be placed at least five (5) feet from all parcel lines.
      2. Outside the required vision triangle. No sign shall obstruct the required vision triangle as specified in Section 6.1, H.: Vision Triangle.
      3. Outside the drainage and utility easements. No sign shall be placed in a drainage, utility, or other easement without first obtaining all applicable authorizations.
    6. Design and construction standards. All signs shall comply with the following construction standards:
      1. All signs shall be designed by a sign contractor or individual/firm with demonstrated experience in designing business signs and working knowledge of building codes, electrical codes, and construction standards applicable to sign design and construction;
      2. All signs shall comply with all applicable building and electrical codes;
      3. All signs shall be constructed of durable, weather-resistant materials;
      4. All freestanding signs shall be self-supporting structures and permanently attached to sufficient foundations;
      5. Electrical service to signs shall comply with the applicable electrical codes. No sign shall have exposed electrical wires. Electrical service to signs shall be concealed wherever possible to preserve aesthetic values;
      6. All signs, except those attached flat against the wall of a building, shall be constructed to withstand wind loads pursuant to the requirements of the applicable building codes;
      7. Supports and braces shall be an integral part of the sign design. Angle irons, chains, or wires used for supports or braces shall be hidden from public view to the extent technically feasible;
      8. All signs shall be marked with the manufacturer’s name and all other information as required by the applicable building and electrical codes;
      9. The use of unshielded lighting, including exposed light bulbs hung or strung on poles, wires, or any other support intended to illuminate a sign or other advertising device, is prohibited;
      10. All sign lighting shall be so designed, located, shielded, or hooded to prevent the casting of glare or direct light upon adjacent roadways, surrounding properties or into the sky. All property/business owners are encouraged to turn off all unnecessary lighting after hours;
      11. Neon window signs or other exterior neon displays may be permitted in cases where they are custom designed to be compatible with the architectural character of the building and where their color has been selected to harmonize with the exterior colors of the building;
      12. Any sign that is accessible to vehicles shall have a minimum vertical clearance of sixteen (16) feet.
      13. Signs containing manual changeable copy or electronic reader boards shall have less than thirty (30) percent of the entire sign area dedicated to changeable copy or reader boards. Fuel price displays shall not be included in changeable copy calculation.
    7. Installation and maintenance. All signs shall be installed and maintained as follows:
      1. Safety. All signs shall be installed and maintained in a workmanlike manner using equipment that is adequate and safe for the task. Electric signs shall be installed in accordance with the applicable electrical code;
      2. Indemnification for sign installation and maintenance. All persons engaged in the business of installing or maintaining signs that involves in whole or in part, the erection, alteration, relocation, or maintenance of a sign or other sign work in, over, or immediately adjacent to a public right-of-way or public property that is used or encroached upon by the sign contractor, shall hold the City of Ashland harmless and indemnify the City of Ashland, its officers, agents, and employees from any and all claims for bodily injury or property damage resulting from the erection, alteration, relocation, or maintenance of signs or any other sign work;
    8. Maintenance and repair. All signs for which a permit is required, shall be maintained in good repair in accordance with all applicable building codes and shall be properly anchored so as to be kept in safe and sound condition. All signs shall be protected from the elements and against decay and rust by the periodic application of weather-coating material, such as paint or other protective treatment as applicable;
    9. Removal of signs. Signs shall be removed as follows:
      1. Deteriorated, dilapidated, or abandoned signs. The Zoning Administrator, Building Inspector, or Designated Authorized Agent shall cause to be removed any deteriorated, dilapidated, or abandoned sign as defined by this Ordinance or the applicable building code;
      2. Unsafe signs. When any sign becomes unsecure, in danger of falling, or otherwise unsafe, or if any sign shall be unlawfully installed, erected or maintained in violation of any provisions of this Ordinance, the owner thereof, or the person or firm maintaining same, shall, upon notice of the Zoning Administrator, Building Inspector, or Designated Authorized Agent, in a reasonable time frame, make such sign conform with the provisions of this Ordinance or shall remove it. If the order is not complied with, the Zoning Administrator, Building Inspector, or Designated Authorized Agent may remove such sign at the expense of the owner of lessee thereof;
      3. Removal of signs. The Zoning Administrator or Designated Authorized Agent shall cause to be removed any abandoned sign including all supporting sign structures by the owner of record of the property.
    10. Nonconforming signs. A nonconforming sign may continue pursuant to Section 10.6: Nonconforming Signs.
  6. General Standards for Specific Types of Signs. This Subsection specifies general standards for specific types of signs. Refer to Section 6.6, E.: General Provisions, Design, Maintenance, and Removal Standards for additional requirements.
    1. Awning and canopy signs. All awning or canopy signs that exceed one line of copy and/or contain letters or graphics over nine (9) inches in height shall require the issuance of a sign permit. Where a sign permit is required, the area of the sign shall count toward the total allowable area for wall signs in the applicable zoning district. In addition, all awnings and canopies shall comply with the following standards:
      1. Illumination. Illuminated awning and canopy signs shall not have the light source visible when viewing the sign;
      2. Clearance above grade. The bottom of an awning shall be at least one hundred (100) inches above grade. The bottom of a canopy shall be at least ten (10) feet above grade;
      3. Required distance from street or parking lot curb. Awning and canopy signs shall not extend closer than five (5) feet to the vertical plane of the face of a street curb, or if no curb exists, closer than six (6) feet to the edge of the street, street right-of-way, or parking lot as determined by the Zoning Administrator or Designated Authorized Agent.
    2. Electrically or mechanically energized animated sign. All electrically or mechanically energized animated signs, also referred to as Electronic Message Centers or EMCs, as defined, shall comply with the following standards:
      1. Applicability. EMCs shall be allowed pursuant to the specifications of this section except that no EMC shall be allowed within the boundaries of the West 2nd Street Historic District as listed in the National or State Registers Record.
      2. Application and review. Application for such sign shall be submitted pursuant to Section 3.36: Sign Permit.
      3. Decision criteria. The Zoning Administrator or authorized agent shall consider all relevant criteria specified in Section 6.6 E.: General Provisions, Design, Maintenance, and Removal Standards and other sections of this ordinance. In addition the following decision criteria and regulations shall be used in reviewing the application:
        1. Dimmable technology shall be installed and utilized to adjust the light output of the EMC based on the ambient light such that it dims automatically when it is less bright outside.
        2. EMC signage for all parcels must be turned off between the hours of 8 p.m. and 7 a.m. If a business is staffed and open before or after that time period, the EMC signage must be turned off no later than sixty (60) minutes after the close of business for the day and turned back on no earlier than sixty (60) minutes before the business opens for the day.
        3. Signage on parcels abutting residential properties or separated by a Right-of-Way shall be designed and located in such a manner that does not create an adverse residential nuisance, taking into account brightness, direction, location, or other factors.
        4. The sign shall be located and designed so that it does not significantly alter or obstruct Lake Superior vistas of adjacent property owners and for major view corridors.
        5. The time change of copy, messages or graphics on an animated sign shall not change more than once every eight (8) seconds, except that all signs within view of vehicular or pedestrian safety lighting (such as stop lights) shall not change more than once every one (1) minute.
        6. Within view of safety lighting, colors or shapes shall not be used that could be confused for safety lighting.
    3. Freestanding sign. For the purpose of this Ordinance, a monument sign, multiple pole sign, or single pole sign shall be considered a freestanding sign. Monument signs are the preferred freestanding signs in the city. Unless specified otherwise in this Section, all freestanding signs shall comply with the following standards:
      1. Allowable sign area and sign height. The allowable sign area and sign height shall be as specified in the applicable zoning district;
      2. Monument sign base. In the case of a freestanding monument sign, the width of the base of the sign shall be at least sixty (60) percent of the width of the sign;
      3. Materials. Freestanding signs shall be constructed of durable and quality materials that are compatible with surrounding development. In the case of a monument sign, the base and exposed foundation shall be covered with a finished material such as brick, stone, metal, or wood;
      4. Landscaping. Freestanding signs shall provide an attractive landscaped area around the entire base of the sign to complement the sign. The property owner shall be responsible for the maintenance of the landscaping;
      5. Single or double-faced. A freestanding sign may be single or double faced. The allowable sign copy and graphic area shall be calculated on only one side of a double-faced sign provided that the angle between the two sign faces does not exceed forty-five (45) degrees;
      6. Allowable number. There shall be a maximum of one (1) freestanding sign per interior parcel, except where specifically allowed otherwise in this Section. Through parcels and multiple frontage parcels may have one (1) additional freestanding sign.
    4. Joint/Area identification signs.
      1. Applicability. Notwithstanding all other provisions of this ordinance related to signs, the following shall apply.
        1. Existing developments. Owners of contiguous or nearly-contiguous parcels are eligible to co-apply for a Joint Sign to be reviewed by the Plan Commission in accordance with Section 3.9: Conditional Use Permit and sub-paragraph b. below.
        2. New development or redevelopment. Pursuant to sub-paragraph c. below, the Plan Commission may require Joint Signage as part of any proposals for new development or redevelopment requiring Site Plan Approval pursuant to Section 3.20: Site Plan Approval, a Conditional Use Permit pursuant to Section 3.9: Conditional Use Permit, or a related action by the Plan Commission.
      2. Existing development – voluntary joint sign applications.
        1. Joint sign application. The joint sign application shall denote all the parcels to be included, and all owners thereof shall be party to said application.
        2. Joint sign determination. As part of the approval of any application for a joint sign, the Plan Commission shall issue a joint sign determination in accordance with sub-paragraph d. below.
      3. New development or redevelopment – joint sign determinations. A joint sign determination in accordance with sub-paragraph d. below shall be required for new development or redevelopment when the following applies:
        1. Consolidation of multiple freestanding signs would protect and promote the public interest and be consistent with the intents of this ordinance and the Comprehensive Plan; AND
        2. The joint sign will identify two (2) or more parcels, any one of which has no frontage on an arterial street or has less than three hundred (300) feet of frontage on an arterial street; OR
        3. One (1) or more freestanding signs identify, or are proposed to identify, two (2) or more business or organizations on a parcel, and the total area of all existing or proposed signs exceeds, or is proposed to exceed, the allowable sign area for the district in which it is located.
      4. Joint sign determination. Where a joint sign determination is required by the Plan Commission, the following shall apply.
        1. Parcels to be included. The joint sign determination shall identify all parcels to be included in the joint sign. Parcels subject to a joint sign determination shall obtain a conditional use permit pursuant to Section 3.9: Conditional Use Permit and a joint sign permit pursuant to Section 3.36: Sign Permit. After the date of the joint sign determination, all current and future owners and/or occupants of said parcels shall comply with the terms of the joint sign determination and sign permit.
        2. Existing freestanding signs. Where businesses or parcels are required to utilize a joint sign, any existing freestanding sign(s) for those businesses/parcels shall be reviewed by the Plan Commission. The Plan Commission shall determine as nonconforming any freestanding sign that advertises said businesses/parcels, except that freestanding directional signs may be excluded from the determination of this sub-paragraph at the discretion of the Plan Commission. Signs determined as nonconforming signs shall be brought into conformity by incorporation into a joint sign in accordance with the conditions of the determination. The Plan Commission in consultation with the property owner/s and, if applicable, the developer/s shall determine a date by which the nonconforming freestanding sign (and support structure) will be brought into compliance and removed from the site.
        3. New freestanding signs. All parcels affected by a joint sign determination of the Plan Commission shall, after the date of said determination, be ineligible for permits for freestanding signs as provided by Section 6.6, F., 3.: Freestanding Signs, and shall only be eligible for sign permits for inclusion in the joint sign as a joint sign subunit.
        4. Other signs. For businesses affected by a joint sign determination, wall-mounted, projecting, or other signs may be permissible pursuant to Section 6.6: Signs.
        5. Administration. The Zoning Administrator or Designated Authorized Agent shall enforce all conditions of the joint sign determination and joint sign permit until such time as they are repealed or modified by the Plan Commission. The Zoning Administrator or Designated Authorized Agent shall maintain a permanent record of joint sign determinations and affected parcels. All owners of affected parcels shall record the joint sign determination and conditions of permit approval with the Register of Deeds.
      5. Joint sign permit. Approval of designs for a joint sign or area identification sign required.
        1. The Plan Commission shall review permit applications for a joint sign or area identification sign, which the Plan Commission may approve pursuant to review criteria of Section 3.20, C: Site Plan, Approval Criteria and this sub-paragraph, and thereafter the Zoning Administrator or Designated Authorized Agent may issue a sign permit for said sign.
        2. Joint signs and area identification signs shall comply with both general and district-specific sign requirements for construction, setbacks, and height. Approval of the joint sign area and design shall be based on the following criteria.
          1. The number and type of parcels, organizations, and structures served by the sign,
          2. Consistency with other provisions and conditions of any Site Plan Approval, Conditional Use Permit or related permit,
          3. Compatibility with adjacent development, including but not limited to the size and design of Freestanding Signs in the vicinity,
          4. Consistency with the intent of the sign provisions of this ordinance, including district-specific sign regulations, and
          5. Compliance with other applicable laws.
          6. The Plan Commission may, if for public betterment, hear and decide special exceptions to setback requirements for both general and district-specific sign requirements.
        3. After the initial approval of a joint sign structure, each subsequent joint sign subunit to be included in the joint sign shall obtain a sign permit directly from the Zoning Administrator or Designated Authorized Agent. After initial construction of the joint sign structure and joint sign subunits, any alterations to the structure of said signs shall require a sign permit from the Zoning Administrator or Designated Authorized Agent.
      6. Sign easements and agreements.
        1. Easements. A sign easement or other instrument acceptable to the Zoning Administrator or Designated Authorized Agent shall be required for all joint signs approved by Plan Commission. Such instruments shall reflect the right of all affected parcels to access and maintain signage.
        2. Sign use and maintenance agreements. Parcels affected by a joint sign determination shall—in addition to the easement requirements of clause (1) above—be party to a sign-usage-and-maintenance agreement for the Joint Sign. Said agreement shall, at a minimum, establish terms for shared maintenance and landscaping of the overall sign structure and sign subunits; delimit each parcel’s share of area in the joint sign; set any requirements for the temporary disposition of sign subunits in the event of business vacancies; and any other limitations on sign design, appearance, or refurbishment. Said agreement shall be subject to prior review and approval by the Plan Commission.
        3. Recordation. All easements and agreements described in clause (1) and (2) above shall be recorded with the Ashland County Register of Deeds.
      7. Off-Premise Signs. In no case may an area identification sign or joint sign be located off premise from at least one of the parcels affected by the Joint Sign Determination.
    5. Menu board sign. Menu board signs where allowed pursuant to this Section shall be subject to the following conditions:
      1. Number allowed. A maximum of one menu board shall be permitted on a parcel of land in any district with a permitted or conditional use providing drive-through window service.
      2. Allowable sign copy and graphic area. The menu board shall have a maximum sign and copy graphic area of fifty (50) square feet.
      3. Orientation. The menu board shall be single-sided and oriented in such a manner so that the signs provide information to the patrons using the drive-through facility only, and does not provide supplemental advertising to passing traffic.
    6. Off-premise sign.
      1. Intent. The City of Ashland recognizes that many existing off-premise signs in the city (including signs commonly referred to as billboards) are intended to help promote Ashland’s businesses. However, the City also recognizes that excessive and uncontrolled off-premise signs endanger the City’s unique character and scenic quality. Therefore, it is the intent of this Paragraph to accomplish the following:
        1. Encourage the use of alternative means to promote Ashland businesses including, but not limited to, standardized logo signs provided by the Wisconsin Department of Transportation, on-premise signs, and other media; and
        2. Encourage the orderly removal of all nonconforming off-premise signs by providing an option to replace nonconforming off-premise signs with conforming off-premise signs that effectively communicate while respecting the unique character and scenic quality of the city.
      2. Existing nonconforming off-premise signs. Existing nonconforming off-premise signs shall be allowed to continue pursuant to Section 10.6: Nonconforming Signs.
      3. Maximum allowed number of billboard sign structures in the city. One (1) billboard sign structure meeting the provisions of this Ordinance may be approved for every three (3) nonconforming billboard signs removed in the city.
      4. Location and placement of billboard signs.
        1. All billboard signs shall be placed outside the public right-of-way, at least five (5) feet from all parcel lines and only on parcels fronting U.S. Highway 2 (Lake Shore Drive) or State Highway 13 (Ellis Avenue), unless specified otherwise in this Section.
        2. No billboard sign shall obstruct the required vision triangle as specified in Section 6.1, H.: Vision Triangle.
        3. No billboard sign shall be placed in a drainage, utility, or other easement without written authorization from the holder of the easement.
        4. Billboard signs shall only be located in the zoning districts where they are allowed pursuant to this Section and shall be located no closer than one-hundred (100) feet from the boundary of another district that prohibits billboard signs.
        5. Billboard signs should generally be located at least five hundred (500) feet of another billboard sign. However, in no case shall a billboard sign be located closer than one hundred fifty (150) feet of another billboard sign.
      5. Design standards for billboards. The following design standards apply to all billboard signs:
        1. The maximum height of a billboard sign structure shall not exceed twenty-five (25) feet;
        2. The maximum width of a billboard sign structure shall not exceed twelve (12) feet;
        3. A billboard sign structure may display multiple individual sign copy and graphics. However, no individual sign copy and graphic area shall exceed fifty (50) square feet;
        4. Sign copy and graphics located on a billboard sign may be designed for permanent copy or changeable copy;
        5. Internally illuminated and animated signs are prohibited.
      6. Applications, permits, and licenses. Due to the potential concerns of inappropriate off-premise signs (including billboards), as described in the intent of this Paragraph, off-premise signs shall comply with the following standards relating to applications, permits, and licenses:
        1. No billboard sign shall be erected until the owner has first received a conditional use permit for the proposed billboard sign pursuant to Section 3.9: Conditional Use Permit and has been issued a sign permit pursuant to Section 3.36 Sign Permit;
        2. All billboard signs shall be subject to an annual license renewable prior to January 1 of each calendar year, regardless of the date of the original issuance;
        3. A billboard sign owner shall annually pay a license fee as identified in the City Fee Schedule for each billboard sign that the owner has in the city. Renewal fees shall be doubled if the license is not renewed prior to January 1 of each year;
        4. Every company that provides advertising on billboard signs and every sign contractor or owner of the parcel on which the sign is to be erected shall carry insurance limits of a minimum of five hundred thousand dollars ($500,000.00) per occurrence and a one million dollar ($1,000,000.00) aggregate. The City of Ashland shall also be identified as a certificate holder on the insurance policy. In the event that the company’s insurance policy expires, the City’s annual license shall be revoked ten (10) days after the policy’s expiration date. If a new insurance policy is not in place within sixty (60) days of the policy’s expiration, the billboard sign shall be considered abandoned and subject to the removal and disposition provisions of this Ordinance;
        5. Any billboard sign owner maintaining a billboard sign without a license shall be found in violation of this Ordinance and shall be penalized as established by this Ordinance. Sixty (60) days after a license expires, the City shall consider the off-premise sign abandoned and it shall be removed pursuant to removal and disposition provisions of this Ordinance.
      7. Abandoned signs. Abandoned signs that advertise an activity, business, product, or service no longer available shall be prohibited.
    7. Projecting sign. Unless specified otherwise in this Section, all projecting signs shall comply with the following standards:
      1. Spacing. Projecting signs shall be located no closer than twenty five (25) feet from the nearest projecting sign;
      2. Clearance above grade. Projecting sign shall maintain a minimum ten (10) foot vertical distance between the bottom of the sign and the grade immediately below the sign;
      3. Allowable extension from building. Projecting signs shall not extend further than eight (8) feet from the building to which they are attached;
      4. Required distance from street or parking lot curb. Projecting signs shall not extend closer than five (5) feet to the vertical plane of the face of a street curb, or if no curb exists, closer than six (6) feet to the edge of the street, street right-of-way, or parking lot as determined by the Zoning Administrator or Designated Authorized Agent;
      5. Allowable sign and graphic area. The allowable sign and graphic area shall not exceed twelve (12) square feet;
      6. Allowable area of the sign structure. The maximum allowable area of the entire sign structure shall not exceed twenty (20) square feet;
      7. Allowable number of projecting signs per use. Each distinct and unrelated service shall be allowed no more than one (1) projecting sign.
    8. Sidewalk sign.
      1. Intent. The intent of this Paragraph is to regulate the design and location of sidewalk signs in the City of Ashland in order to allow for a positive business atmosphere and effective communication while protecting the health, safety, and welfare of the public.
      2. Design standards. All sidewalk signs shall comply with the following standards:
        1. Each distinct and unrelated service for which a sidewalk sign is permitted by this Ordinance shall be allowed one (1) sidewalk sign;
        2. A sidewalk sign shall have a small, but legible label identifying the business that owns the sign, a contact name, address, and phone number.
        3. A sidewalk sign shall have a professionally designed appearance and shall be constructed in a workmanlike manner that is consistent with all applicable codes;
        4. A sidewalk sign may not exceed twenty-seven (27) inches in width and forty-five (45) inches in height. The base shall not exceed a width of thirty-six (36) inches. The required dimensions shall include the support structure and shall be measured along the widest or highest section of the sign;
        5. A sidewalk sign shall be constructed of durable, weather-resistant materials and finish, including aluminum, steel, wood and other similar materials. Cardboard, paper, fabric, non-rigid material, and other similar materials are prohibited;
        6. A sidewalk sign must be securely weighted and stabilized so as to not shift in the wind or present public safety hazards;
        7. A sidewalk sign shall have no moving parts, except for two stabilized wheels for moving sign to and from display location;
        8. The material, graphics and finish of a sidewalk sign shall be of a unified design and shall be compatible and complementary to its surroundings in terms of shape, color and texture. Lettering shall be legible and consistent;
        9. A sidewalk sign shall not be electric or illuminated;
        10. A sidewalk sign shall be maintained in a clean and original appearance.
      3. Permitted locations. Sidewalk signs shall only be allowed in those zoning districts and for those uses as specified in this Section. More specifically, sidewalk signs shall comply with the following standards:
        1. A sidewalk sign shall only be placed at the location specified on the approved sign permit;
        2. A sidewalk sign may be located on or immediately adjacent to the subject parcel in a manner that does not present a pedestrian safety or vehicular hazard. Under no circumstances shall a sidewalk sign obstruct vehicular/bus stops, benches, fire hydrants, or other features located legally in the right-of-way;
        3. A sidewalk sign may not be located in a road or alley right-of-way except that it may be placed on a sidewalk in the public right-of-way with permission from the Zoning Administrator and Public Works Director or Designated Authorized Agent and the Police Department;
        4. A minimum of seven (7) feet of unobstructed sidewalk must remain between the sidewalk sign and adjacent buildings. In situations where seven (7) feet is not feasible because of a smaller sidewalk width, unique building locations, or other similar situations, the Zoning Administrator or Designated Authorized Agent may determine the minimum amount of unobstructed sidewalk allowed. A sidewalk sign shall be located near the curb, rather than the building face;
        5. A sidewalk sign shall not be located closer than five (5) feet to an adjacent parcel line;
        6. A sidewalk sign shall not be located in the required vision triangle as specified in Section 6.1, H.: Vision Triangle.
      4. Permitted display hours. A sidewalk sign may be displayed between the hours of 6:00 AM and 9:00 PM or during the hours that the business is open.
      5. Application and permit requirements. All sidewalk signs shall require the issuance of a sign permit pursuant to Section 3.36: Sign Permit.
    9. Wall sign.
      1. Allowable sign area. The allowable sign area is specified in the applicable zoning districts. The allowable sign area for each use in a multi-tenant building shall be based on the percentage of the individual use to the entire building.
      2. Allowable number of signs. There shall be no more than one (1) wall sign per distinct and unrelated service associated with the use per façade abutting a public right-of way, unless authorized by the Zoning Administrator or Designated Authorized Agent. Buildings with a secondary public entrance may have an additional wall sign pursuant to Section 6.6, E., 4.: Buildings with a Secondary Public Entrance at the Rear or Side of the Building.
      3. Placement. Where feasible, wall signs shall be placed in the traditional sign band above the entrance to the building. In no case shall a sign be placed higher than the cornice.
      4. Attachment to the building. Wall signs shall be securely fastened to the face of building and shall not extend out from the face of the building more than twelve (12) inches.
      5. Conditional use permit. For businesses requiring more than one (1) wall sign per distinct and unrelated service, a conditional use permit may be applied for pursuant to Section 3.9: Conditional Use Permit. The total sign area for all signs on a single façade must comply with the maximum square foot area allowable in the district.
  7. Allowable Signs in the R-E, R-1, R-2, R-3, R-4, MHC, and W-SFR Districts.
    1. Intent. The R-E, R-1, R-2, R-3, R-4, MHC, and W-SFR Districts accommodate primarily residential uses and a limited amount of other compatible nonresidential uses. The signage in these districts is intended to relate to the predominantly residential character of the districts.
    2. Allowable signs. The following are the only types of signs allowed:
      1. Freestanding sign. Freestanding signs shall comply with the standards specified in Section 6.6, F., 3.: Freestanding Signs. In addition, the following standards shall apply:
        1. One (1) freestanding sign shall be allowed per primary entrance of subdivisions containing at least six (6) single-family residential parcels or at least twelve (12) two-family dwelling units in the subdivision;
        2. One (1) freestanding sign shall be allowed per primary entrance of a multi-family development that has six (6) or more dwelling units;
        3. One (1) freestanding sign shall be allowed per primary entrance of a non-residential use approved as a permitted use or a conditional use in the district. However, the freestanding sign provisions for a conditional use may be modified pursuant to the conditions of approval for the use.
        4. The maximum sign copy and graphic area shall not exceed thirty-two (32) square feet at any primary entrance;
        5. The maximum height of the sign structure shall not exceed six (6) feet;
        6. The maximum total area of the sign structure shall not exceed seventy-five (75) square feet;
        7. A second sign may be allowed at the primary entrance provided that the total copy and graphic area of the two (2) signs combined does not exceed thirty-two (32) square feet;
        8. The sign shall not be internally illuminated.
      2. Wall sign, awning sign, or canopy sign. In lieu of a freestanding sign, one (1) wall sign pursuant to Section 6.6, F., 9.: Wall Sign or one (1) awning sign or canopy sign pursuant to Section 6.6, F., 1.: Awning and Canopy Signs per building wall fronting a public road shall be allowed for a multi-family use or a nonresidential use that is a permitted use or conditional use in the district, pursuant to the following standards:
        1. The sign letters not exceed twenty-four (24) inches in height;
        2. The sign area shall not exceed thirty-two (32) square feet or one (1) square foot per lineal foot of building wall on which the sign is attached, whichever is less;
        3. The sign shall not be internally illuminated.
      3. Sidewalk sign. One (1) sidewalk sign shall be allowed for a permitted or conditional nonresidential uses, pursuant to Section 6.6, F., 8.: Sidewalk Signs.
    3. Signs in the W-SFR District. In addition to the standards of this Subsection, signs in the W-SFR District shall comply with the design guidelines specified in Section 4.46, D., 10.: W-O Waterfront Overlay District, Design Standards and Guidelines, Signs.
  8. Allowable Signs in the MRC, W-MRC, W-C, and W-CRM Districts.
    1. Intent. The MRC, W-MRC, W-C, and W-CRM Districts are mostly mixed use districts. Signs for nonresidential uses are intended primarily for vehicular traffic, but the signs are also intended to relate to the surrounding or nearby neighborhoods.
    2. Allowable signs for permitted and conditional residential uses. Residential uses in the MRC District shall comply with the sign requirements specified in Section 6.6, G: Allowable Signs in the R-E, R-1, R-2, R-3, R-4, MHC, W-SFR Districts.
    3. Allowable signs for permitted and conditional nonresidential uses. The following are the only types of signs permitted in the MRC District for non-residential uses:
      1. Freestanding sign. Freestanding signs shall comply with the standards specified in Section 6.6, F., 3.: Freestanding Signs. In addition, the following standards shall apply:
        1. One (1) freestanding sign shall be allowed per primary vehicular entrance of a nonresidential use approved as a permitted use or a conditional use in the district. However, the freestanding sign provisions for a conditional use may be modified pursuant to the conditions of approval for the use;
        2. The maximum sign copy and graphic area shall not exceed seventy-five (75) square feet at any primary vehicular entrance;
        3. The maximum height of the sign structure shall not exceed twenty (20) feet;
        4. A second sign may be allowed at the primary vehicular entrance provided that the total copy and graphic area of the two (2) signs combined does not exceed seventy-five (75) square feet;
        5. A proposed electrically or mechanically energized animated sign may be permitted pursuant to Section 6.6 F., 2.: Electrically or mechanically energized animated signs.
      2. Wall sign, awning sign, or canopy sign. Permitted and conditional non-residential uses shall be allowed one (1) wall sign pursuant to Section 6.6, F., 9.: Wall Signs or one (1) awning or canopy sign pursuant to Section 6.6, F., 1.: Awning and Canopy Signs per side of building that faces a street. The sign shall not exceed one (1) square foot per lineal foot of building wall on which the sign is attached.
      3. Projecting sign. One (1) projecting sign shall be allowed for permitted and conditional nonresidential uses pursuant to Section 6.6, F., 7.: Projecting Sign.
      4. Sidewalk sign. One (1) sidewalk sign shall be allowed for a permitted or conditional nonresidential uses, pursuant to Section 6.6, F., 8.: Sidewalk Signs.
      5. Off-premise sign. Off–premise signs shall be allowed pursuant to Section 6.6, F., 6.: Off-Premise Signs.
      6. Menu board sign. One (1) menu board sign pursuant to Section 6.6, F., 4.: Menu Board Sign may be allowed.
    4. Signs in the W-MRC, W-C, and W-CRM Districts. In addition to the standards of this Subsection, signs in the W-MRC, W-C, and W-CRM District shall comply with the design guidelines specified in Section 4.46, D., 10.: W-O Waterfront Overlay District, Design Standards and Guidelines, Signs.
  9. Signs in the PRI District.
    1. Intent. The PRI Planned Residential/Institutional District is intended to develop through the planned unit development (PUD) process at a neighborhood or block scale. Consequently, signs in this district are intended to be approved through the PUD process and are intended to have a unified theme. The signs should be consistent with the allowable signs in the underlying districts of the proposed PUD, and with existing architecture of the neighborhood.
    2. Allowable signs. The following signs are the only signs allowed in the PRI District:
      1. Signs not associated with a planned unit development (PUD). Signs not associated with a planned unit development (PUD) shall be consistent with the standards for signs in the R-E, R-1, R-2, R-3, R-4, MHC and W-SFR District.
      2. Signs associated with a planned unit development (PUD). Signs associated with an approved planned unit development (PUD) shall be consistent with the PUD ordinance associated with the project. As part of the review and approval process associated with a PUD, the applicant shall submit a comprehensive sign plan that specifies sign standards for the development. No sign permit shall be issued unless the sign complies with the City approved comprehensive sign plan for the development and is consistent with all other applicable provisions of this Ordinance.
  10. Signs in the NC District.
    1. Intent. The NC Neighborhood Convenience District accommodates limited commercial uses that are intended to serve the surrounding residential neighborhoods. The provisions of this Subsection are intended to ensure that signs in the district respect and relate to the scale and character of the surrounding residential neighborhoods while still allowing permitted and conditional uses to adequately identify themselves.
    2. Allowable signs. The following are the only types of signs permitted in the NC Neighborhood Convenience District:
      1. Wall signs and awning or canopy signs. One (1) wall sign pursuant to Section 6.6, F., 9.: Wall Signs or one (1) awning or canopy sign pursuant to Section 6.6, F., 1.: Awning and Canopy Signs per side of building that faces a street. In addition, the sign shall comply with the following standards:
        1. The sign shall not exceed one (1) square foot per lineal foot of building wall on which the sign is attached;
        2. No single use shall exceed thirty-two (32) square feet of signage per principal building façade facing a public street;
        3. The sign letters shall not exceed twenty-four (24) inches in height.
        4. Internally illuminated wall signs are discouraged.
      2. Projecting sign. In lieu of a wall sign, awning sign, or canopy sign, a permitted or conditional use shall be allowed one (1) projecting sign per side of principal building that faces a street pursuant to Section 6.6, F., 7.: Projecting Sign.
      3. Freestanding sign. Freestanding signs shall comply with the standards specified in Section 6.6, F., 3.: Freestanding Signs. In addition, freestanding signs shall comply with the following standards:
        1. The sign and graphic area shall not exceed twenty-five (25) square feet per side of the sign;
        2. The sign structure shall not exceed forty (40) square feet in area or six (6) feet in height.
      4. Sidewalk sign. One (1) sidewalk sign shall be allowed for a permitted or conditional nonresidential uses, pursuant to Section 6.6, F., 8.: Sidewalk Signs.
  11. Signs in the RC District.
    1. Intent. The RC Regional Commercial District accommodates commercial uses along major streets and highways in the city for the convenience of residents and visitors. Consequently, signs in this district are primarily intended for vehicular traffic moving at speeds ranging from twenty five (25) to forty five (45) miles per hour.
    2. Allowable signs for permitted and conditional residential uses. Residential uses in the RC District shall comply with the sign requirements specified in Section 6.6, G: Allowable Signs in the R-E, R-1, R-2, R-3, R-4, MHC, and W-SFR Districts.
    3. Allowable signs for permitted and conditional nonresidential uses. The following are the only types of signs permitted in the RC District for nonresidential uses:
      1. Freestanding sign. Freestanding signs shall comply with the general standards specified in Section 6.6, F., 3.: Freestanding Signs. In addition, freestanding signs in the RC District shall comply with the following:
        1. One (1) freestanding sign shall be allowed per primary vehicular entrance into the development;
        2. The sign copy and graphic area shall not exceed seventy-five (75) square feet at any primary vehicular entrance;
        3. A proposed electrically or mechanically energized animated sign may be permitted pursuant to Section 6.6 F., 2.: Electrically or mechanically energized animated signs.
        4. The sign structure shall not exceed a height of twenty (20) feet
      2. Wall signs and awning or canopy signs. One (1) wall sign pursuant to Section 6.6, F., 9.: Wall Signs or one (1) awning or canopy sign pursuant to Section 6.6, F., 1.: Awning and Canopy Signs per side of building that faces a street. In addition, the sign shall not exceed two (2) square foot per lineal foot of building wall on which the sign is attached. A proposed electrically or mechanically energized animated sign may be permitted pursuant to Section 6.6 F., 2.: Electrically or mechanically energized animated signs.
      3. Projecting sign. A permitted or conditional use shall be allowed one (1) projecting sign per side of principal building that faces a street and pursuant to Section 6.6, F., 7.: Projecting Sign.
      4. Sidewalk sign. One (1) sidewalk sign shall be allowed for a permitted or conditional nonresidential uses, pursuant to Section 6.6, F., 8.: Sidewalk Signs.
      5. Off-premise sign. Off–premise signs shall be allowed pursuant to Section 6.6, F., 6.: Off-Premise Signs and shall only be allowed on parcels fronting U.S. Highway 2;
      6. Menu board sign. One (1) menu board sign pursuant to Section 6.6, F., 4.: Menu Board Sign shall be allowed for a permitted or conditional use with a drive-through facility.
  12. Signs in the CC and W-CC District.
    1. Intent. Signs in the CC and W-CC Districts are intended to complement the “main street” character of the city center as described in the City’s Comprehensive Plan and other related planning documents. In addition, signs in these districts are intended to relate to pedestrians and slow moving traffic.
    2. Allowable signs for permitted and conditional residential uses. Residential uses in the CC and W-CC Districts shall comply with the sign requirements specified in Section 6.6, G: Allowable Signs in the R-E, R-1, R-2, R-3, R-4, MHC, and W-SFR Districts.
    3. Allowable signs for permitted and conditional nonresidential uses. The following are the only types of signs permitted in the CC and W-CC Districts for nonresidential uses.
      1. Freestanding sign. Freestanding signs shall comply with the general standards specified in Section 6.6, F., 3.: Freestanding Signs. In addition, freestanding signs in the CC District shall comply with the following:
        1. One (1) freestanding sign shall be allowed per primary vehicular entrance into the development;
        2. Freestanding signs located in the City Center District shall have a zero (0) foot setback. Freestanding signs on parcels abutting Lake Shore Drive (US Hwy 2) shall be required to maintain the required six (6) foot setback;
        3. The maximum sign copy and graphic area shall not exceed thirty-two (32) square feet at any vehicular entrance; signs on parcels abutting Lake Shore Drive (US Hwy 2) shall not exceed seventy-five (75) square feet at any vehicular entrance;
        4. The maximum height of the sign structure shall not exceed twenty (20) feet;
        5. The maximum total area of the sign structure shall not exceed seventy-five (75) square feet;
        6. The maximum allowable area and height may be increased with the issuance of a conditional use permit pursuant to Section 3.9: Conditional Use Permit;
        7. A proposed electrically or mechanically energized animated sign may be permitted pursuant to Section 6.6 F., 2.: Electrically or mechanically energized animated signs.
      2. Wall signs and awning or canopy signs. One (1) wall sign pursuant to Section 6.6, F., 9.: Wall Signs or one (1) awning or canopy sign pursuant to Section 6.6, F., 1.: Awning and Canopy Signs per side of building that faces a street. In addition, the sign shall comply with the following standards:
        1. The sign shall not exceed one (1) square foot per lineal foot of building wall on which the sign is attached. For parcels abutting Lake Shore Drive (US Hwy 2) or Ellis Avenue, upon authorization by the Zoning Administrator or Designated Authorized Agent, sign area may be increased to two (2) square feet per lineal foot of building wall on which the sign is attached;
        2. No sign shall be placed above the first story of a building without the issuance of a conditional use permit pursuant to Section 3.9: Conditional Use Permit;
        3. Externally illuminated signs are preferred;
        4. Plastic box, back lit signs are prohibited. However, individual channel letters that are internally illuminated shall be allowed;
        5. A proposed electrically or mechanically energized animated sign may be permitted pursuant to Section 6.6 F., 2.: Electrically or mechanically energized animated signs.
      3. Projecting sign. A permitted or conditional use shall be allowed one (1) projecting sign per side of principal building that faces a street and pursuant to Section 6.6, F., 7.: Projecting Sign.
      4. Sidewalk sign. One (1) sidewalk sign shall be allowed for a permitted or conditional nonresidential uses, pursuant to Section 6.6, F., 8.: Sidewalk Signs.
      5. Off-premise sign. Off –premise signs shall be allowed pursuant to Section 6.6, F., 6.: Off-Premise Signs and shall only be allowed on parcels fronting U.S. Highway 2.
      6. Menu board sign. One (1) menu board sign pursuant to Section 6.6, F., 4.: Menu Board Sign may be allowed. Two (2) menu board signs pursuant to Section 6.6, F., 4.: Menu Board Sign b. & c. maybe allowed in the City Center (CC) District that are adjacent to U.S. Highway 2 (Lake Shore Drive) upon authorization by the Zoning Administrator or Designated Authorized Agent.
    4. Historical properties. Properties in the CC District that are a designated Local, State or National Historic Structure, Site or District, shall comply with the standards specified in the City of Ashland Ordinance 826 and may require a Certificate of Appropriateness.
    5. Signs in the W-CC District. In addition to the standards of this Subsection, signs in the W-CC District shall comply with the design guidelines specified in Section 4.46, D., 10.: W-O Waterfront Overlay District, Design Standards and Guidelines, Signs.
  13. Signs in the MCI, LI, HI, and W-I Districts.
    1. Intent. The MCI, LI, HI, and W-I Districts primarily accommodate industrial uses along major streets and highways. Consequently, signs in these districts are primarily intended for vehicular traffic moving at speeds ranging from twenty five (25) to forty five (45) miles per hour.
    2. Allowable signs for permitted and conditional residential uses. Residential uses shall comply with the sign requirements specified in Section 6.6, G: Allowable Signs in the R-E, R-1, R-2, R-3, R-4, MHC, and W-SFR Districts.
    3. Allowable signs for permitted and conditional nonresidential uses. The following are the only types of signs permitted for nonresidential uses:
      1. Freestanding sign. Freestanding signs shall comply with the general standards specified in Section 6.6, F., 3.: Freestanding Signs. In addition, freestanding signs in the RC District shall comply with the following:
        1. One (1) freestanding sign shall be allowed per primary vehicular entrance into the development;
        2. The sign copy and graphic area shall not exceed seventy-five (75) square feet at any primary vehicular entrance;
        3. The sign structure shall not exceed a height of twenty (20) feet;
        4. A proposed electrically or mechanically energized animated sign may be permitted pursuant to Section 6.6 F., 2.: Electrically or mechanically energized animated signs.
      2. Wall signs and awning or canopy signs. One (1) wall sign pursuant to Section 6.6, F., 9.: Wall Signs or one (1) awning or canopy sign pursuant to Section 6.6, F., 1.: Awning and Canopy Signs per side of building that faces a street. In addition, the sign shall not exceed two (2) square foot per lineal foot of building wall on which the sign is attached.
      3. Projecting sign. In lieu of a wall sign, awning sign, or canopy sign, a permitted or conditional use shall be allowed one (1) projecting sign per side of principal building that faces a street and pursuant to Section 6.6, F., 7.: Projecting Sign.
      4. Sidewalk sign. One (1) sidewalk sign shall be allowed for a permitted or conditional nonresidential uses, pursuant to Section 6.6, F., 8.: Sidewalk Signs.
      5. Off-premise sign. Off–premise signs shall be allowed pursuant to Section 6.6, F., 6.: Off-Premise Signs and shall only be allowed on parcels fronting U.S. Highway 2. Due to the unique character of the Ashland Industrial Park, freestanding off-premise signs, installed by the City and associated with the Ashland Industrial Park, shall be exempt from the requirements of this Ordinance.
      6. Menu board sign. One (1) menu board sign pursuant to Section 6.6, F., 4.: Menu Board Sign may be allowed.
    4. Signs in the W-I District. In addition to the standards of this Subsection, signs in the W-I District shall comply with the design guidelines specified in Section 4.46, D., 10.: W-O Waterfront Overlay District, Design Standards and Guidelines, Signs.
  14. Signs in the PI, PP, AIR, and W-PI Districts.
    1. Intent. Signs in PI, PP, AIR and W-PI Districts are intended for public and semi-public use. These districts accommodate a variety of uses including colleges, schools, hospitals, cemeteries, parks, and the airport. Most signs in these districts are intended for vehicular traffic. However, where a particular use may be more pedestrian-oriented (for example, a small public park in the City Center area), it is intended that the scale of the signs be adjusted to a pedestrian scale, rather than a vehicular scale.
    2. Allowable signs for permitted and conditional residential uses. Residential uses shall comply with the sign requirements specified in Section 6.6, G: Allowable Signs in the R-E, R-1, R-2, R-3, R-4, MHC, and W-SFR Districts.
    3. Allowable signs for permitted and conditional nonresidential uses. The following are the only types of signs permitted for nonresidential uses:
      1. Freestanding sign. Freestanding signs shall comply with the general standards specified in Section 6.6, F., 3.: Freestanding Signs. In addition, freestanding signs shall comply with the following:
        1. One (1) freestanding sign shall be allowed per primary vehicular entrance into the development;
        2. The sign copy and graphic area shall not exceed seventy-five (75) square feet at any primary vehicular entrance;
        3. The sign structure shall not exceed a height of twenty (20) feet;
        4. A proposed electrically or mechanically energized animated sign may be permitted pursuant to Section 6.6 F., 2.: Electrically or mechanically energized animated signs.
      2. Wall signs and awning or canopy signs. One (1) wall sign pursuant to Section 6.6, F., 9.: Wall Signs or one (1) awning or canopy sign pursuant to Section 6.6, F., 1.: Awning and Canopy Signs per side of building that faces a street. In addition, the sign shall not exceed two (2) square foot per lineal foot of building wall on which the sign is attached.
      3. Projecting sign. In lieu of a wall sign, awning sign, or canopy sign, a permitted or conditional use shall be allowed one (1) projecting sign per side of principal building that faces a street and pursuant to Section 6.6, F., 7.: Projecting Sign.
      4. Sidewalk sign. One (1) sidewalk sign shall be allowed for a permitted or conditional nonresidential uses, pursuant to Section 6.6, F., 8.: Sidewalk Signs.
      5. Off-premise sign. Off–premise signs shall be allowed pursuant to Section 6.6, F., 6.: Off-Premise Signs and shall only be allowed on parcels fronting U.S. Highway 2.
    4. Signs in the W-PI District. In addition to the standards of this Subsection, signs in the W-PI District shall comply with the design guidelines specified in Section 4.46, D., 10.: W-O Waterfront Overlay District, Design Standards and Guidelines, Signs.
  15. Signs in the FD District.
    1. Intent. Signage in the FD Future Development District shall relate to the rural character of the district until such time it is rezoned in accordance with the Comprehensive Plan. Consequently, the signage should relate to low-density residential uses, such as the R-E Residential Estate District.
    2. Allowable signs for permitted and conditional residential uses. Residential uses in the FD District shall comply with the sign requirements specified in Section 6.6, G.: Allowable Signs in the R-E, R-1, R-2, R-3, R-4, and MHC Districts.
    3. Allowable signs for permitted and conditional nonresidential uses. Non-residential uses in the FD District shall comply with the sign requirements for nonresidential uses specified in Section 6.6, G.: Allowable Signs in the R-E, R-1, R-2, R-3, R-4, and MHC Districts.
  16. Reserved.
  17. Signs in the GTWY-O Gateway Overlay District. Signs in the GTWY-O Gateway Overlay District shall meet the standards of the underlying zoning district in which the signs are located. In addition, the signs shall comply with the design guidelines specified in Section 4.47, D., 6.: GTWY-O Gateway Overlay District, Design Standards and Guidelines, Signs.
  18. Reserved.
  19. Signs in the PUD Overlay District.
    1. Intent. Signs in the Planned Unit Development (PUD) Overlay District are intended to have a unified appearance that is an integral component of the PUD design concept. Signs in the PUD overlay district should generally comply with the sign standards associated with underlying districts or uses that most reflect the proposed uses in the PUD, but may deviate from those standards pursuant to the approved PUD ordinance.
    2. Comprehensive sign plan. As part of the review and approval process associated with a PUD, the applicant shall submit a comprehensive sign plan that specifies sign standards for the development. No sign permit shall be issued unless the sign complies with the City approved comprehensive sign plan for the development and is consistent with all other applicable provisions of this Ordinance.

6.7 Exterior Lighting

  1. Intent. This Section is intended to specify practical and effective standards by which the obtrusive aspects of excessive and/or careless exterior light usage can be minimized, while preserving safety, security, and the nighttime use and enjoyment of property. These standards are intended to curtail the degradation of the night time visual environment by encouraging lighting practices that direct appropriate amounts of light where and when it is needed, increasing the use of energy-efficient sources, and decreasing the wastage of light, sky glow, and glare resulting from over-lighting and poorly shielded or inappropriately directed lighting fixtures.
  2. Compliance and Applicability.
    1. Compliance. All exterior illuminating devices shall be installed in compliance with the provisions of this Ordinance and all applicable building and electrical codes.
    2. General applicability. All proposed new land uses, developments, buildings, structures, and/or additions and site modifications that require a development permit and/or building permit, as well as all proposed lighting fixtures for existing development, uses, or structures, shall comply with the provisions of this Section for all new exterior lighting. Where practical (as determined by the Designated Approval Authority), existing lighting associated with such development shall comply with the provisions of this Section.
    3. Exemptions. The following shall be exempt from the provisions of this Section. However, to the extent practical, compliance with the intent of this Section is encouraged.
      1. Existing lighting. All exterior lighting fixtures installed prior to the effective date of this Ordinance shall be exempt from this Section except that if any modification, construction, or change to an existing outdoor lighting fixture system is proposed to fifty (50) percent or more of the total number of fixtures, then all fixtures shall comply with the provisions of this Section.
      2. Street and highway lighting. Street and highway lighting shall comply with the standards set forth by the applicable jurisdiction relating to required street and highway lighting.
      3. State and federal facilities. Compliance with the intent of this Section at all state and federal facilities in the City of Ashland is encouraged, but not mandatory.
      4. Emergency lighting. Emergency lighting, used by police, firefighters, medical personnel, public works, and others is exempt from this Section as it pertains to the emergency situation.
      5. Swimming pool and fountain lighting. Underwater lighting used for the illumination of swimming pools and fountains is exempt from the lamp type and shielding standards of this Section.
      6. Low-Output Exterior Lighting. Exterior lighting fixtures are exempted from this ordinance where the lights are:
        1. Top-shielded or located below an eave; and
        2. Rated less than one thousand (1,000) lumens; and
        3. Individually and collectively in conformance with light trespass provisions of Section 6.7, C., 1., a: Light trespass.
      7. Flood, area, or security lighting. Flood lights or other area lights shall be exempt from the provisions of this ordinance only where:
        1. Lights are rated less than two thousand (2,000) lumens;
        2. Lights are directed so as to limit direct glare onto adjacent occupied premises;
        3. Light switching is automated, for example by motion sensor, so as to limit sustained light bursts to tem minutes or less and to limit the total ratio of unlighted-to-lighted time per night to no less than eight to one (8:1);
        4. When activated, the illumination level at a distance of twenty-five (25) feet shall not exceed one-half (1/2) foot candles;
        5. Light fixtures two thousand (2,000) lumens and over are not exempt. Exterior light fixtures above the eaves or attached to buildings or poles separate from the principal building are not exempt;
        6. Examples of lamp types of less than two thousand (2,000) lumens include a 100 watt standard incandescent, a fifteen (15) watt cool fluorescent, a fifteen (15) watt compact fluorescent, or a eighteen (18) watt low pressure sodium lamp.
      8. Lighted flags. Flags of the United States, State of Wisconsin, City of Ashland and any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction are exempt from the provisions of this Section. All other outdoor lighted flags, including, but not limited to, decorative and commercial flags shall comply with this Section. Property owners are encouraged to lower all flags at sunset and during inclement weather.
      9. Holiday lighting. Holiday lighting, as defined, is exempt from the provisions of this Section.
      10. Search and spot lights. Approved search and spot lights for temporary use, shall be exempt from the lamp type and shielding provisions of this Section.
      11. Towers. Legally required safety lighting for towers shall be exempt from the provisions of this Section.
      12. Airports. Airport related lighting shall be exempt from the provisions of this Section where the lighting is used for air safety reasons.
  3. General Requirements.
    1. General. All exterior lighting fixtures (except those specifically exempted in this Section) installed and thereafter maintained shall comply with the following:
      1. Light trespass. The maximum allowable light trespass shall be one-half (1/2) footcandle four (4) feet above the ground. The point of measurement of this offending light shall be any point at the outer wall of an adjacent building occupied for residential or public use, or at any point greater than ten (10) feet from the adjacent parcel line. This measurement shall not include any ambient, natural light.
      2. Cutoff or shields. All fixtures greater than one thousand (1,000) initial lumens (equivalent to 70 watts incandescent) shall be full cutoff, or shall be shielded or installed so that there is not a direct line of sight between the light source or its reflection and a point five (5) feet or higher above the ground at the parcel line. The light source shall not be of such intensity so as to cause discomfort or annoyance.
      3. Lamp types. Any exterior lighting fixture installed on a parking lot, parking structure, or outdoor merchandise sales area shall use high pressure sodium, low pressure sodium, metal halide, LED, fluorescent lamps, or other type approved by the Zoning Administrator or Designated Authorized Agent.
      4. Commercial business hours of lighting. The lighting system shall be extinguished or reduced to fifty (50) percent no later than thirty (30) minutes after the close of business for the day or after the end of normal office hours for the majority of employees. All property owners are encouraged to turn off all unnecessary exterior lighting.
      5. Freestanding light fixtures. Freestanding light fixtures are considered accessory structures and shall comply with Section 5.6 B: Accessory Structures, except that freestanding light fixtures in the Regional Commercial (RC) and Public Institutional (PI) districts may have a maximum height of thirty (30) feet. Such fixtures shall meet all other requirements of this Section.
    2. Maintenance. All exterior lighting fixtures shall be maintained according to approved plans.
    3. Trees and shrubs. Trees and shrubs shall not be located where they significantly reduce or block the lighting, intended for safety, of parking facilities or streets.
    4. Allowable uses. Exterior lighting fixtures may be used to illuminate buildings and structures; recreational areas, sports fields and courts; parking lots; parking structures, garages, or ramps; landscape areas; outdoor merchandise sales; building overheads and open canopies. Exterior lighting fixtures may be installed to provide building and parking lot security.
  4. Specific Design Requirements.
    1. Non-residential open parking facilities. Horizontal illuminance for open parking facilities shall comply with the standards specified in Table 6.7.A and Table 6.7.B. The illumination requirements of an open parking facility depend on the amount of usage the facility receives. The following levels of activity are herein to reflect both vehicular traffic and pedestrian activity:
      1. High activity. Facilities for major or league athletic events or major cultural or civic events or similar activities.
      2. Moderate activity. Shopping centers, retail parking areas, hospital and clinic parking, or similar activities.
      3. Low activity. Employee parking, office parks, religious institutions, or similar activities.

        Table 6.7.A General Parking and Pedestrian Areas Illuminance Standards for Open Parking Facilities
        Level of Activity
        Minimum Footcandles on Pavement
        Maximum Average Footcandles on Pavement
        Maximum Uniformity Ratio (Avg:Min)
        Watts per Square Foot Lighting Load
        High0.6 footcandle
        3.75 footcandle
        5:1
        0.12
        Moderate0.4 footcandle
        2.5 footcandle
        5:1
        0.10
        Low0.2 footcandle
        1.5 footcandle
        5:1
        0.08

        Table 6.7.B Driveway Area Illuminance Standards for Open Parking Facilities
        Level of Activity
        Minimum Footcandles on Pavement
        Maximum Average Footcandles on Pavement
        Maximum Uniformity Ratio (Avg:Min)
        High0.67 footcandle
        2.5 footcandle
        5:1
        Moderate0.33 footcandle
        1.5 footcandle
        5:1
        Low0.125 footcandle
        1.0 footcandle
        5:1
    2. Commercial residential open parking facilities. A parking facility for more than three (3) cars on a residential site should be lighted to provide at least 0.25 footcandles on any surface with an average illumination level of at least 0.75 footcandles. Exterior light fixtures shall be designed and installed to minimize light trespass. In addition, the uniformity ratio between the average illumination and minimum illumination shall be no greater than 4:1.
    3. Building and structure illumination. An exterior lighting system for illuminating buildings and structures shall have a maximum connected lighting load of five (5) watts per lineal foot. Watts shall mean lamp wattage and ballast consumption. Such lighting shall be shielded or installed so as to illuminate the building and not the sky.
    4. Outdoor merchandise sales. For an outdoor merchandise sales area and outdoor vehicle sales, the maximum initial illumination level in seventy-five (75) percent of the parcel shall not exceed twenty (20) footcandles. A contiguous area not to exceed twenty-five (25) percent of the parcel may be illuminated to a level that shall not exceed forty (40) footcandles.
    5. Outdoor canopy. The maximum initial illumination level under an outdoor canopy shall not exceed fifty (50) footcandles at any point.
    6. LED light bands. Dimmable technology shall be installed and utilized to adjust the light output of permitted LED light bands based on the ambient light such that the light band dims automatically when it is less bright outside.