01-11-2010 Hendryx Presentation - Item 10B
Legislative Amendment
2009-02
Signs in the right-of-way in the Retirement
Community Single-Family Residential
(R1S) Zone
•Oregon Law (ORS 197.610) governs proposals to amend a local
government acknowledged comprehensive plan or land use regulation or
to adopt a new land use regulation.
•The law requires the Planning Commission shall hold at least onepublic
hearing before recommending action on a legislative proposal.
•The City Council then holds a final de-novo public hearing and makes the
City’s final decision.
•Any interested person may appear and provide written or oral testimony
on the proposal at or before the hearing.
•Everyone who wishes to testify before the Council will be heard.Please
come forward, use the microphone, and give your full name and address.
The public testimony portion of this hearing will be after the staff report and
the applicant’s presentation, as shown on the procedure outline on the left
wall of the Council chamber.
•The Community Development Director shall notify the Oregon
Department of Land Conservation and Development at least 45 days
before the first hearing, or as required by the post-acknowledgement
procedures of ORS 197.610 to 197.625, as applicable.
Legislative Amendment 2009-02
•On October 26, 2009 City Council initiated
the proposed text amendment
•Planning Commission public hearing
December 17, 2009
13’typical
No sidewalks
Wide rights-of-way
Noncompliant sign
in the right-of-way
Compliant sign on
private property
The sign ordinance must be content-neutral.
Current language
3.110.12Prohibited signs
The following signs and advertising devices are
prohibited:
G.A sign in public right of ways except awning,
projecting, wall, and suspended signs projecting
over a public right of way in conformity with Section
or unless specifically exempt under
3.110,
Section 3.110.11
.
Current language
3.110.11Exemptions.
The following are exempt from application, permit and
Section 3.110
fee requirements of , but are subject to
Section 3.110
other applicable portions of and the City
Code and may require building and electrical permits:
G.Lawn signs and A-frame signs in residential zones
provided that not more than two such signs are
located on a lot or parcel and the total area for all
such signs does not exceed eight square feet. Such
shall
signs shall not exceed six feet in height and
not be placed in the public right of way
or vision
clearance areas.
Proposed language
3.110.11Exemptions.
The following are exempt from application, permit and fee
Section 3.110
requirements of , but are subject to other applicable
Section 3.110
portions of and the City Code and may require
building and electrical permits:
RS, RSN, RM, and RMN
G.Lawn signs and A-frame signs in
residential
zones provided that not more than two such signs are located on
a lot or parcel and the total area for all such signs does not
seven
exceed eight square feet. Such signs shall not exceed
six
feet in height and shall not be placed in the public right-of-way or
vision clearance areas.
Proposed language
3.110.11Exemptions.
Lawn signs and A-frame signs in the R1S zone provided that:
H.
1.The signs are established by the property owner or
property owner’s agent,
2.Not more than two such signs are located on a lot or in the
public right-of-way abutting the lot,
3.The total area for all such signs does not exceed eight
square feet,
4.Lawn signs shall not exceed seven feet in height,
5.A-frame signs shall not exceed three feet in height,
6.Signs shall not be placed in vision clearance areas
or in
and
adjacent rights-of-way,
7.Signs shall not be placed on sidewalks.
The amendment would allow signs
between the curb and property line.
The Vision Clearance Area does
not extend into the right-of-way.
Planning Commission Hearing
•Considerable discussion on issue
•Evaluated allowing citywide
•Concern over community appearance and
enforcement
•Recommend Council deny Legislative
Amendment 2009-02
Staff recommendation
Conduct a public hearing to receive public
testimony
Sign Focus Group
The focus group received the proposed amendment favorably.
One suggestion (made after the amendment was sent to
DLCD) was to add a provision that signs not project over
the curb or sidewalk.