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ORDINANCE NO. 1624 OF 2012

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ORDINANCE NO. 1624 OF 2012
ORDINANCE AMENDING CHAPTER 22 OF THE CODE OF ORDINANCES OF THE CITY OF RUSTON, LOUISIANA RELATING TO SIGNS
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RUSTON, LOUISIANA:
§1. Section 22-2 of the Code of Ordinances of the City of Ruston, Louisiana (“Code”) is amended to add the following definitions:
Electronic Message Sign is a sign with a fixed or changeable display or message composed of a series of lights that may be changed through electronic means.
Flashing Sign means A directly or indirectly illuminated sign or portion thereof that exhibits changing light or color effect by any means, so as to provide intermittent illumination that changes light intensity in sudden transitory bursts and creates the illusion of intermittent flashing light by streaming, graphic bursts showing movement, or any mode of lighting which resembles zooming, twinkling, or sparkling, except those displaying time and temperature information only and changing only when the time or temperature changes.
Mobile Billboard means an on- or off-premise advertising sign attached to a vehicle or trailer that is used for the primary purpose of advertising and that moves with pedestrian or vehicular traffic or is parked at specific locations. A vehicle which advertises the company of its primary use is not considered a mobile billboard.
§2. Section 22-2 of the Code of the Code is amended to delete the following definition:
Advertising vehicle or trailer sign means any vehicle or trailer which, as its basic pur-pose, has the advertisement of products or the direction of people to a business or activity, whether such business or activity is located on or off the premises.
§3. Section 22-31 of the Code is amended to read as follows:
Sec. 22-31. General Requirements.
(a) Signs shall pertain to the identification of the primary uses and/or services provided or products sold on the premises, except off-premises signs, temporary, shopping cen¬ter or multiple tenant signs, political, governmental or community service signs, as are otherwise provided in this chapter.
(b) All signs shall meet the requirements of the city building code.
(c) No person or business firm, acting either as principal or agent, shall erect or install any sign or sign structure until a permit for such work has been issued by the Building Official to a contractor or the owner or occupant of the premises where the work is to be done, except as otherwise provided in this chapter.
(d) The location on the property of all permitted on-premises signs shall be established when the permit is obtained. Signs found moved from the specific location without per-mission from the enforcing authority will void the permit, and the sign shall be ordered removed. Upon conviction, the permittee will be fined $50.00 for each viola¬tion after one written warning, per location, of penalties for such violation.
(e) Signs with time and temperature and temporary messages made from interchangeable characters attached to tracks or grooves on the sign board may be changed by the owner, occupant or their employees, provided the sign has been approved and constructed in accordance with this chapter and the building code.
(f) No sign, sign structure or sign support shall project over any side or rear property line.
(g) All businesses and residences shall be identified by a street address sign or number which shall be clearly visible from the street.
(h) Signs placed at or within five feet of a street right-of-way shall be constructed and/or installed so that an area three feet to nine feet from the ground level shall be clear of all signage or supports which can obstruct a motorist's view when entering a street or an intersection.
(i) Where the right-of-way extends to such a depth that a sign placed at the right-of-way would not obstruct the view, the authority charged with enforcement of this chapter may allow the sign to be placed at the right-of-way and shall be exempt from the three-foot to nine-foot height requirement as set forth in subsection (i) of this section.
(j) Where the topography of a sign location is such that the three-foot height would obstruct the view or higher than three feet would not obstruct the view, adjustment may be allowed or required by the enforcing authority.
(k) Signs within the five-foot area off the right-of-way as described in subsection (i) of this section shall be attached to the ground, concrete or asphalt so as to be as perma¬nent as possible. A portable type sign, if so attached, would be permitted as a permanent freestanding sign, provided it can meet the height and light requirements for the area.
(l) On-premise signs located within the Interstate Highway 20 Corridor, as defined in section 22-2, shall not exceed 60 feet in height excluding embellishments. This dis¬tance shall be measured from the finished floor elevation of the primary building that the sign will serve to the highest point of the sign, excluding embellishments.
(m) On-premise signs located within the Highway 33 Corridor, as defined in section 22-2, shall not exceed 50 feet in height excluding embellishments. This distance shall be measured from the finished floor elevation of the primary building that the sign will serve to the highest point of the sign, excluding embellishments.
(n) On-premise signs located outside of the Interstate Highway 20 Corridor, the Highway 33 Corridor, or the Downtown Historic District, shall not exceed 40 feet in height exclud¬ing embellishments. This distance shall be measured from the finished floor eleva-tion of the primary building that the sign will serve to the highest point of the sign, excluding embellishments.
§4. Section 22-36 of the Code is amended to read as follows:
Sec. 22-36. Prohibited Signs.
The following signs shall be prohibited:
(1) Any sign, or its supports, located on the public right-of-way, including public streets, alleys and parkways, except street signs and other required govern¬men¬tal signs and markers.
(2) Flashing Signs
(3) Any sign which does not comply with section 22-31.
(4) Signs which resemble any official traffic sign or bear the words "stop," "go," "slow," "caution," "danger," "warning" or similar words.
(5) Signs which, by reason of their size, location, movement, content, coloring or man¬ner of illumination, may be confused with or construed as a traffic control sign, signal or the light of an emergency or road equipment vehicle.
(6) Signs which hide from view any traffic or street sign or signal or similar device.
(7) Signs which emit sound, odor or visible matter which serves as a distraction to per-sons within the public right-of-way.
(8) Electronic Message signs
(9) Mobile billboards
§5. Section 22-61 of the Code is amended to add the following:
Sec. 22-61. Prohibition.
The following off-premises signs shall not be allowed to remain or be erected:
(13) Flashing Signs
(14) Electronic Message Signs
(15) Mobile Billboards
§6. Section 22-63(1) of the Code is amended to read as follows:
(1) Signs may not be placed in the following locations:
a. Within any area that is not zoned B-3 General Business, B-4 Highway Busi-ness, D-1 Light Industry, D-1B Light Industry, or D-2 Heavy Industry.
b. Within 500 feet, measured radially, of the property line of a public library or Louisiana Tech University property, or property zoned as Tech Village Over¬lay District.
c. Within 500 feet, measured radially, of the property line of any historic site, dis¬trict, or place (listed on the National Register of Historic Places).
d. Within 500 feet, measured radially, of the property line of any public park or any residentially zoned property, except within the Highway 33 Corridor or the Interstate Highway 20 Corridor, as defined in section 22-2.
e. Within 200 feet of the property line of any public park or any residentially zoned property, when the proposed sign location is within the Highway 33 Cor¬ridor or Interstate Highway 20 Corridor, as defined in section 22-2.
f. Within ten feet, measured radially, from the side and rear property lines of abut¬ting property zoned as a business or industrial zoning district, unless the abutting property is being used residentially, in which case, the side and rear setbacks shall be 20 feet, except within the Interstate Highway 20 Corri¬dor, in which area there shall be no side or rear setbacks required.
g. Within 20 feet, measured radially, from the side and rear property lines of abut¬ting property zoned as a mixed use or public zoning district, except within the Interstate Highway 20 Corridor, in which area there shall be no side or rear setbacks required.
h. Within 30 feet, measured radially, from any public street right-of-way line to the sign's closest point of reference, except within the Highway 33 Corridor, in which area said distance shall be 15 feet, and except within the Interstate Highway 20 Corridor, in which area there shall be no setback required.
i. Located on or extended over public property, public rights-of-way, or public easements.
j. Within the Highway 167 Corridor, as defined in section 22-2
k. Within the portion of the Interstate Highway 20 Corridor lying between the Highway 33 Corridor and the eastern corporate limits of the City of Ruston.
l. Within 2,000 feet, measured radially, from the intersection of Tarbutton Road with the I-20 North Service Road and the intersection of Tarbutton Road and the I-20 South Service Road.
m. Mounted on a roof, wall, or building.
n. Projecting over a building.
§7. If any section, paragraph, sentence, clause and/or phrase of this Ordinance or the application thereof is declared unconstitutional, unenforceable or invalid by the valid judgment of any court of competent jurisdiction such unconstitutionality, unenforceability or invalidity shall not affect any of the remaining sections, paragraphs, sentences, clauses and/or phrases of this Ordinance, since the same would have been enacted by the City of Ruston without the incorporation in this Ordinance of any such unconstitutional, unenforceable or invalid section, paragraph, sentence, clause or phrase. To this end, the provisions of this Ordinance are hereby declared severable.
§8. All other Ordinances, or any parts thereof, which are in conflict with the provisions of this Ordinance, are hereby repealed. To the extent that any provision or provisions of this Ordinance are inconsistent or in conflict with any other provision of the Code of Ordinances or any regulation of the City, the provisions of this Ordinance shall be deemed to control.
§9. This Ordinance shall become effective upon final adoption and publication of the same in the manner prescribed by law.
This Ordinance was introduced on January 9, 2012, by Alderwoman Marie Riggs, Notice of Public Hearing was published on January 13, 2012, January 20, 2012, and January 27, 2012, and said public hearing having been held, the title having been read and the Ordinance considered, on motion to adopt by Alderwoman Glenda Howard, seconded by Alderman Jim Pearce, a record vote was taken and the following result was had:
YEA: ALDERWOMAN GLENDA HOWARD
ALDERMAN ELMORE MAYFIELD
ALDERMAN JIM PEARCE
NAY: NONE
ABSENT: ALDERMAN JEDD LEWIS
ALDERWOMAN MARIS S. RIGGS
WHEREUPON, the presiding officer declared the above Ordinance duly adopted on the 6th day of February, 2012.
ATTEST:
EMMETT GIBBS, CLERK DAN HOLLINGSWORTH, MAYOR
1td: February 10, 2012

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