3.1. Ordinances Regulating Commercial Advertising
The proliferation of commercial advertising has become one of the main conflicts related to the heritage-tourism duality. This is because the ultimate goal of advertisements is to attract the attention of potential customers, both tourists and residents, through the use of supports that involve substantial alterations to the landscape values of urban environments [
13]. The visual impacts generated in tourist environments through the installation identification signs with shapes or colors that do not integrate with the aesthetic values of their context, have become a constant. Most common is the presence of navigational supports with strident tones, luminous effects, or sizes and shapes that are as distasteful as they are eye catching. Perhaps for this reason, many local administrations have begun to promote the drafting and approval of regulatory ordinances that better regulate this type of practice, especially in their most fragile contexts, and where the visual integrity of buildings and sites of reknown cultural significance is to be respected.
Although few regulations include the obligation to adapt existing advertising, in every case analyzed the installation of new commercial advertising is conditioned by an initial application and a subsequent authorization procedure by the local authorities. This reflects the general concern of supervising and controlling the appearance of new aesthetic impacts on the urban landscape. In this vein, several ordinances are in force in the municipalities of our study that include specific guidelines for the installation of advertising media in spaces and properties catalogued under some form of heritage protection. This can be seen in Ciudad Rodrigo or Potes, where the ordinances only affect the catalogued area declared as a "Historic Complex". This trend demonstrates the need for municipalities to conserve the singular values of properties and spaces in accordance with relevant provisions of national legislation, thus complying with Article 19.3 of Law 16/1985, from June 25, 1985, on Spanish Historical Heritage:
“The placement of commercial advertising and any type of cables, antennas and apparent conduits is prohibited in the Historic Gardens and on the facades and rooves of the Monuments declared of cultural interest. Any construction that alters the character of the properties referred to in this article or disturbs their contemplation is also prohibited” [
53].
In other regulations, however, all areas of the municipality are considered equal in relation to the advertising ordinances. This is the case in Naut Aran, for example, where the placement of posters on the facades of buildings, monuments, religious temples, cemeteries, trees or street furniture is strictly prohibited. Other regulations specify the sections of a building onto which commercial advertising may be located. Ciudad Rodrigo, for example, explicitly prohibits advertising on the upper floors of buildings, which ends up relegating commercial signage solely to the ground floor. This avoids the profusion of signs at different heights while restricting the space allocated to them in the urban landscape as a whole.
Notably, most of the ordinances analyzed prohibit the installation of illuminated signs in their areas of application, albeit allowing the illumination of plaques or signs with low-intensity projectors that direct light beams towards the façade itself, as is the case in Potes. Regarding the materials and sizes of the signs, some ordinances, such as those from Ciudad Rodrigo, allow the installation of banners as long as their design was not judged to be "too historicist". In most cases, the need to use noble materials is a requirement, and the state in which they are to be presented is clearly identified. This is the case again in Potes, where ordinances state that signage must be presented "in their natural colors or with a natural, non-glossy metallic finish [...] with a natural finish or varnished in color".
3.2. Ordinances Regulating the Occupation of Public Space
Spain’s need to regulate the occupation of its public spaces began several decades ago when certain areas of the Mediterranean coast started buckling under tourism pressure as the industry began to take off. Subsequently, with the enforcement of the so-called "anti-smoking law", the hospitality sector’s demand for licenses to be able to occupy public spaces experienced a sharp increase. More recently, this was accentuated even more with the outbreak of the Covid-19 pandemic and its resulting changes in social behavior.
In actuality, these circumstances pose significant challenges when attempting to reconcile the entitlement to public space with maintaining the freedom of commercial activity. This is the due diligence which is primarily broached by the regulations created by local councils on the matter. In effect, the emergence of outdoor terraces and lounging areas necessarily lead to the privatization of public space whereby the spatial extent of streets and squares are diminished and their public nature increasingly constrained [
44,
54]. Recent decades saw public administrations taking careful measures to strike a balance between new commercial opportunities arising from tourist activity and the protection of public thoroughfares, the free movement of citizens, and the proper maintenance of the urban environment.
After a careful analysis of the ordinances being enforced in the various locations being studied in this investigation, it becomes evident that the presence of tax regulations is actually more common than the presence of ordinances regulating the occupation of public thoroughfare. This hints to a hierarchy that may be attributed to the pressing need for financial income by public administrations, given how crucial tax ordinances are as a source of local government funding.
After analyzing the current regulatory norms, it is possible to determine that across the board, municipal authorization is required for the special use of public thoroughfare for which the interested parties submit a prior request to the relevant municipal entities. In addition, it is unanimous that the authorized space and every element of the property is to be maintained in proper conditions of hygiene, health, safety and ornament. In some cases, there is also the need to collect and store the various elements of the terraces away when the establishment is closed to the public, as is the case in Medinaceli during the off seasons, and even daily in the cases of Ciudad Rodrigo and Atienza. Other sites follow suit by establishing a commitment to help facilitate the work of municipal services by maintaining a strict level of cleanliness to safeguard the overall urban aesthetic quality.
Several of the regulations analyzed also prohibit the installation of screens or wind deflectors. Others, condition their authorization on a case-by-case basis, as in Potes; establish a mandatory typology, as in Medinaceli; or require that these elements be arranged transversally to pedestrian traffic, as in the case of Cudillero. In most of the towns analyzed, the fixing of elements to the ground by means of screws or anchors is prohibited, although some ordinances, such as those of Ciudad Rodrigo, allow fixed installations to be authorized on an exceptional basis, "provided that the nature of the design of the installation is supported by an aesthetic proposal or another reason of interest that justifies it". Other, frequently unauthorized elements include service bars, counters, refrigerators, irons, barbecues, grills, toaster ovens, heaters or vending machines. The same applies to the installation of ambient music, although in this case some regulations allow the possibility of authorization as long as they comply with the latest acoustic regulations and are certified in their technical reports to not produce any environmental impact on dwellings, as is the case in Chinchón, Ciudad Rodrigo and Cudillero.
Although it is not a generalized fact, several of the ordinances analyzed establish a differentiated zoning type according to the "degree of protection that each area of the municipality required, taking into account its uniqueness and conservation needs" for promoting the best development and compliance with these regulations, as is specified in the case of Almagro. This trend facilitates a higher degree of specificity in relation to the furniture on-site and, in turn, favors these for areas with a higher level of heritage protection. For example, specific models of tables, chairs, parasols, separators or heaters are specified to create homogeneous and harmonious environments that align with the surroundings and its urban character.
This aesthetic harmonization is pursued in all the norms from the regulation of the design to the materials and chromatism of the elements used in the occupation of the public space. In some cases, specific materials or colors are established for their authorization, which usually includes wood treated in its natural color, wicker, canvas, aluminum or wrought iron, while plastic in any of its forms is strictly prohibited. The established colors vary according to the territorial character of each place. For example, white, ochre, earth or wenge is authorized in Ciudad Rodrigo; ochre, red, blue, dry green, tiles and white in Cudillero; raw colors in Frigiliana and Atienza; and wood, wrought iron and dark tones in La Guardia. In general, strong or strident colors are not allowed, and a general requirement in almost all the analyzed ordinances is the use of matte tones. Some regulations, such as that of Atienza, obliges areas to be marked with "fences or planters in keeping with the surroundings". The presence of advertising motifs on these elements is strictly prohibited in many of the ordinances analyzed, as is the case in Ciudad Rodrigo, Cudillero, Medinaceli, Potes and Zahara. Albeit in other cases, authorization is sometimes made possible, as it is with Almagro. Finally, in order to favor the generation of a homogeneous and harmonious image and to ensure the contemplation and enjoyment of monuments or unique buildings, some rules even go so far as to regulate the heights of umbrellas.
In stark contrast to the timeline impacts of commercial advertising regulations, most of the ordinances regulating public space establish a period for terrace owners to adapt their spaces to the administration’s new requirements.
3.3. Regulatory Ordinances for Telecommunication Infrastructures
The development of telecommunications over the last few decades has incited a series of benefits for the public at large, linked primarily to an increase in general services and connectivity. However, there have also been a number of drawbacks associated with these infrastructures, related in most cases to the influence of electromagnetic radiation on people's health or the saturation and disorder in the urban landscape caused by the visual impact of cell towers as well as high and low voltage power lines. The objective of municipal telecommunications regulatory ordinances approved by local public administrations in recent years is to establish ideal conditions for the location, installation and operation of telecommunication equipment to produce minimum impact on the spatial and visual urban landscape.
All the regulations analyzed in this study require municipal authorization for the installation of telecommunications infrastructure in municipal areas, thereby subjecting the resulting urban and environmental impacts to the scrutiny of the corresponding licensing regime. Of the regulations studied, this type of ordinance is least commonplace inside the provisions for local urban planning. There are, in fact, very few cases in which an outstanding obligation remains present to adapt previously existing facilities to the newly established guidelines.
A common obligation amongst all the standards analyzed involves employing the construction solution that best minimizes the installation’s visual and environmental impact. This would require the intervention to be both compatible with the environment and appropriately integrated architecturally. In order to do so, the standards propose a series of requirements and prohibitions that involve prioritizing underground piping on urban land. Most of the regulations analyzed in this study expressly prohibited the installation of telecommunications elements and infrastructure in historically listed buildings and protected complexes, or those deserving special protection as is the case in Teguise. Thus, in Frigiliana, for example, permission is exceptionally granted for their installations as long as an inexcusable need is proven and as long as measures were incorporated to completely eliminate any visual or environmental impact, subject to a favorable opinion from the competent bodies
Mandatory camouflage is a common practice in the standards analyzed, which does not only affect facades but specific regulations that are commonplace for rooftop infrastructure as well. This includes requiring a maximum height for masts when antennas are installed on rooves. There are also minimum setbacks for rooftop equipment, to ensure that they remain offset from sightlines when viewed from the public thoroughfare. In Teguise, it is mandatory to paint satellite dishes the same color as their background supporting walls when they are necessarily visible. In this sense, all of the visual impacts that the desired installations would have on the urban landscape must be captured in the technical application project document, with illustrative photomontages demonstrating its invisibility or camouflage as seen from the public thoroughfare. This project document must then receive a favorable opinion by the competent bodies in order to be implemented.