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Ord 1591COUNCIL BILL NO. 397 ORDINANCE N0. 1591 AN ORDINANCE RELATING TO SIGN5, PRESCRIBING PENALTIES, AND DECLARING AN EMERGENCY. THE CITY OF WOODBURN DOES ORDAIN: Section 1. Purpose and Intent. The purpose and intent of this ordinance is as follows: A. Safety. To promote the safety of persons and property by providing that signs: 1. Do not create a hazard due to collapse, fire, collision, decay or abandonment. 2. Do not obstruct fire fighting activity or police surveillance. 3. Do not create traffic hazards by confusing or distracting motorists, or by impairing the driver's ability to see pedestrians, obstacles, or other vehicles, or to read traffic signs. B. Communication Efficiency. To promote the efficient transfer of information in a sign message by providing that: 1. Those signs which provide messages and information most needed and sought by the public are given priorities. 2. Businesses and services may identify themselves. 3. Customers and other persons may locate a business or service. Page 1. 4. No person or group is arbitrarily denied the use of sight lines from the public right-of-way for communication purposes. 5. Persons exposed to signs are not overwhelmed by the number of messages per sign and are able to exercise freedom of choice to observe or ignore said messages according to the observer's purpose. C. Landscape Quality and Preservation. To protect the public welfare and to enhance the appearance and aesthetic sight of the landscape by providing that signs: 1. Do not interfere with scenic views. 2. Do not create a nuisance to occupancy of adjacent and contiguous property by the brightness, size, height or movement. 3. Do not create a nuisance to persons using the public rights-of-way. 4. Are not detrimental to land or property values. 5. Contribute to the special character or particular areas or districts within the city helping the observer understand the city and orient within it. D. General Intent. To achieve the above stated goals, the Common Council of the City of Woodburn finds it reasonable and prudent and in the general public interest to regulate the construction, erection, maintenance, electrification, illumination, type, size, number and location of sign. Page 2. SIGN REGULATIONS GENEF,AL PROVISIONS Section 2. Definitions. As usea~ in this ordinance, unless the context otherwise requires: A. Construct. Means to build, erect, attach, hang, place, suspend, paint, affix, or otherwise ,bring into being. B. Street Frontage. A lot line fronting on a street or highway. C. P~aintain. ~7eans to permit or suffer a sign, sign structure or part thereof to continue or to repair or refurbish a sign, sign structure or part thereof. D. Non-Structural Trim. Means the molding, battens, caps, nailing strips and latticing letters and walkways which are attached to a sign structure. E. Person, r~eans individuals, corporations, associations, cooperatives, firms, partners, joint stock companies, or any other person created by law. F. Simon. Any sign, display, r~essage, light other than illumination designed primarily for the illumination of the premises, emblem, device, figure, mannequin, painting, drawing, placard, poster or other thing that is designed, used or intended for an advertising purpose or to inform or attract attention of the public; and includes, where applicable, the sign structure, display service and all components of the sign. "Sign" includes, but is not limited to: 1. Off-Premises Advertising Sign. A sign which advertises Page 3 goods, products, businesses or services which are not sold, manufactured or distributed on or from: the premises or facilities oyl which the sign is located. 2. Building Directory. A sign giving the name and room number of location of the occupants of a building, limited to an attached wall sign. 3. Combination Sign. A sign incorporating any combination of the features of a free standing, projecting or. roof sign. 4. Directional Sign. An on-premises sign designed to be read by a person already on the premises and used only to identify and locate an entrance, exit, motor vehicle route, telephone or similar place or service. ~. Electric Sign. A sign containing electrical wiring intended to be hooked up. 6. Free Standing Sign. An on°premise sign supported by one or more uprights or braces in the ground and detached from., or only incidentally attached to, any building or structure. 7. Illuminated Sign. All or any portion of a sign that is illuminated by lamps, bulbs, tubes or other light source contained in or upon the sign. S. l~iessage Sign. A sign providing information by means of sequential illumination of lights contained in or upon a sign including, but not limited to, a time and temperature sign. Page 4 9. Non-conforming Sign. A sign not conforming to the provisions of this ordinance. H. Sign Structure. Means the supports, braces and framework of the sign. I. Terlporary Sign. Means and includes any sign, banner, pennant, valance or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other similar materials with or without frames, intended to be displayed for a period of time not to exceed 30 days. J. Integrated Shopping Center. A group of two or more businesses which are planned and designed as a center, whether or not the businesses, buildings or land are under common ownership. K. Freeway Orientated Activity. A motel, hotel, gas station, eating facility or truck stop or any other person or use so designated by the Planning Commission under the pro- cedures established in Section 24 of this ordinance. Section 3. ~?aintenance of Signs. No persons shall con- struct or maintain any sign or supporting structure except in a safe and structurally sound condition. If the building official shall find any sign regulated herein is so unsafe or insecure as to constitute a real and present danger to the public, he shall mail written notice to the last known address of the sign owner and the property owner. If such sign is not removed or altered so as to comply with the standards herein set forth within 30 days after such notice, the building official may cause the sign to be removed or altered to comply with the standards at the Page 5 . expense of the sign owner or owner of the property upon which it is located. The building official may cause any sign which is an immediate peril to persons or property to be removed summarily and without notice. Section 4. Signs Z~ot to Obstruct Fire Escape or Fire Hydrants. No persons shall construct a sign or supporting structure in such a manner or location that it will unreasonably obstruct access to any fire escape or other means of egress from a building or an exit corridor, exit hallway or exit doorway, and no sign or support structure shall cover, wholly or partly, any window or doorway in any manner that will substantially limit access to the building in case of fire. No sign or supporting structure shall be located within a 10 foot radius of afire hydrant. Section 5. Permits Required. It shall be unlawful for any person to construct, structually alter or relocate within the City of Woodburn any sign or other advertising structure as defined in this ordinance without first obtaining a sign permit from the building official and making payment of the fee required in Section ~ hereof. All illuminated signs shall, in addition, be subject to the provisions of the electrical code and the permit fees required thereunder. Section 6. Application For Permit. Application f_or a sign permit shall be Made upon blanks provided by the building official and shall contain or have attached thereto the following information: A. Tame, address and telephone number of the applicant. B. Location of building, structure or lot to which or upon Page 6 which the sign or other advertising structure is to be attached or erected. C. A sketch showing the method of attachment, construction, design, stress of roof or cantilever type signs, and such other information as may be necessary so that the building official may determine the compliance of the sign with this ordinance. D. Name of person, firm, corporation or association directing the construction. Section 7. Permits Null and Void. If the work authorized under a sign permit has not been completed within 90 days after date of issuance, said permit shall become null and void. Section 8. Permit Fees. Every applicant before being granted a permit hereunder shall pay the City of Woodburn a fee of $10.00 for each such sign or other advertising structures to be constructed, structually altered or relocated. The fee for a temporary sign shall be $5.00 each. Section 9. Permit Revocable at Any Time. All rights and privileges acquired under the provisions of this ordinance or any amendment are mere licenses revocable by the building official at any time upon violation of_ this ordinance. Section 10. Sign Contractor License. A. No person shall engage in the business o.f hanging, re- hanging, placing, constructing, installing, painting or structually altering, relocating any sign or any electric sign, projecting sign, roof sign or advertising sign, except signs exer~~pted in Section 15, without first having obtained a sign contractor's license from the building official. Page 7. B. Transferability. No license shall be transferrable. C. If the building official finds that any licensee has failed to comply with the provisions of this code, the building official shall notify the City Council before the expiration of such person's license. ~~ryhe City Council may, after a public hearing, at which all interested persons shall have the right to be heard and offer oral or written testimony, refuse to renew the license of such person if it finds that the licensee has failed to comply with the provisions of this ordinance. D. The application for a sign contractor's license shall be accompanied by a certificate of insurance or other acceptable proof of insurance in force for the term of the license in the sum of $20,000 property damage and $100,000 - $300,000 public liability insurance. The insurance requirements shall not apply to those who only paint signs located entirely on private property and who do not work over public sidewalks or streets. E. The license fee shall be $25.00 per year; the license shall expire one year from the date of issuance. Section 11. Non-Comforming Signs. A. within 90 days of the passage of this ordinance, the City Administrator or his designate, shall inventory all signs which do not conform to the provisions of this ordinance. He shall supply a written notice of non- conformance to the sign owner by certified mail or, if the owner of the sign cannot be determined, he shall post upon the sign or close to it notice of non-conformance. Page S As areas are annexed into the city, the City Administrator shall survey the newly annexed area and notify owners of non-conforming signs in the above prescribed manner. B. Deadline for Removal of T~1on-Conforming Signs or Bringing Into ('nnfnrmanrA 1. The time for removal or bringing into conformance of non-conforming signs shall begin from the date of notification by the City Administrator. 2. One year - The time for conforr~ance where the cost of bringing the sign into conformance or removal and, if applicable, replacement of the sign, whichever is less, is less than $500. 3. Two Years - the time for conformance where the cost of bringing the sign into conformance or removal and, if applicable, replacement, is greater than $500 but which ~~~ere in the city limits when this ordinance was passed and were also not in conformance with similar provisions of Ordinance No. 1370, woodburn's prior sign ordinance. 4. Five Years - the time for conformance where the cost of bringing the sign in conformances or removal and, if applicable, replacement, is greater than $500 but which were not in violation of Woodburn's prior sign ordinance. C. ~~iaintenance and Repair of Non-Conforming Sign. Normal repair, maintenance and change of advertising copy, including change of name of the business owner is permitted on non-conforming signs. Structural alterations shall Page 9 be made only where required for safety. With that exception, no structural alterations shall be made nor shall such sign be reconstructed or moved except as provided in this section. D. Reconstruction of Non-Conforming Signs. Anon-conforming sign may be reconstructed if moved for construction or repair of public works, or if damaged by an Act of God or an accident, if the damage does not exceed 50 percent of replacement cost. Such reconstruction shall be done within six months from the date the sign was damaged. Section 12. enforcement. A. If a sign is erected without a permit and one is required under the provisions of this ordinance, but the sign is otherwise in confor~iance with all of the provisions of this ordinance, the violation is subject to a fine of not to exceed $500. B. If a sign not in conformance with the provisions of this ordinance is errected without a permit, the city building official shall notify the owner to remove the sign within 30 days. If the sign is not removed within 30 days, the city building official shall remove the sign and charge the cost of removal to the property. The person erecting a sign without a permit is also subject to a fine of not to exceed $500. C. The Planning Commission may not grant a variance for a non-conforming sign which has been erected without a permit. Page 10 Section 13, Variances. All requests for variances to this ordinance will be processed under the procedures of Chapter 15 of the t~loodburn Zoning Ordinance. Section 14. Certain Signs Prohibited. ~lhe following signs are prohibited in all cases: A. Signs or sign structures which, by coloring, wording or location, resemble or conflict with a traffic control sign or device, or which make use of words such as "look", '°stop", "danger" or any other word, phrase, symbol or character in such rt~anner as to interfere with, mislead or confuse traffic. B. Signs that create a safety hazard by obstructing clear view of pedestrians or vehicular traffic. C. Signs that glare, flash, change color more than four times per minute, reflect, blink or appear to do any of these things, except signs which convey ti~~e, temperature, date or stock market index to the public. D. Signs that display a message or graphic representation that are lewd, indecent or otherwise offensive to public rnorals. E. Signs on public property except when authorized by the appropriate public agency. F. Any signs or advertising statuary which move or give the appearance of movement, except for clocks, barber poles and signs which convey time, temperature, date or stock market index to the public. Page 11 G. Sign materials which produce movement achieved by normal wind currents. ~i. No exposed reflective type bulb, no strobe light or incandescent lamp which exceed 15 watts shall be used so as to expose the face of the bulb, light or lamp to any public street. I. Flame as a source of light when exposed to the motoring public. J. Attention getting devices, including search lights, propellers, streamers, balloons and similar devices or ornamentations designed for purpose of attracting attention promotion or advertising. K. Signs which advertise a service, product, or use not located at the site of the sign, except as provided in Section 24. Section 15. Signs Allowed in Any District. The following signs and operations are allowed in all zoning districts where the use is permitted, and shall not require a sign permit, but shall conform to all other applicable provisions of this ordinance: A. One real estate sign per parcel, not exceeding four square feet in a residential zone and not exceeding 16 square feet in any other zone. B. Bulletin boards not over 32 square feet in area for public, charitable or religious institutions when the same are located on the premises of said institutions. C. Changing of the advertising copy or message on a painted or printed sign or billboard on a theater narquee and Page 12. similar signs specifically designed for the use of re- placeable copy. D. Painting, repainting and normal maintenance and repair of a sign or sign structure unless a substantial structural change is made. E. Signs denoting the architect, engineer, contractor or subdivision development, when placed upon work under construction and not exceeding 32 square feet in area. F. Occupational signs which are non-illuminated, name plates and building directories related only to the use and occupancy of the building to which attached and not exceeding 16 square feet of surface area which are part of the building construction or are attached as wall signs. G. r2emorial signs or tablets, names of buildings and date of erection when cut into any masonry surface or when con- structed of bronze or other incombustible materials. H. Signs located inside of buildings unless such signs violate the illumination requirements. Signs attached to the inside or outside of a window are for the purposes of this ordinance deemed to be located inside a building, however, the total area of permanent signs in windows shall not exceed 200 of the window area. Temporary signs are exempt from the 20o coverage provision. I. Signs not visible from a public right-of-way. K. Banners and decorations for area wide promotions not advertising a specific item or business. L. Seasonal decorations. M. Temporary political campaign signs, if located only on Page 13. private property, with the consent of the legal possessor of the premises; not located on utility poles, trees or rocks; limited to a sign area of 10 square feet and a miximum dimension of 5 feet, located 10 feet inside property lines if located within 10 .feet of intersecting street or street and alley property lines; maintained in a neat, clean, attractive condition and removed within 5 days after the advertised election date. Such signs may be erected no sooner than 30 days prior to the election in question. Section 16. Signs How Measured. A. Sign area is measured within lines drawn between the outermost points of a sign, but excluding essential sign structure, foundations or supports. B. The area of all signs in existence at the time of enactment of this ordinance, whether conforming or non-conforming, shall be counted in determining perrlitted sign area. Where a sign is of a three-dimensional, round or irregular solid shape, the largest cross section shall be used in a flat projection for the purpose of determining sign area. C. Height of a sign is measured from the higher of the average grade below the sign or the adjacent road grade to the topmost point of the sign. Section 17. Setbacks and Vision Clearance Areas. A. Sign structures are not allowed in any required setback area. Signs may project over the setback area if there is at least eight foot, six inches of clearance from the bottom portion of the sign to the grade below. Any permit issued under this section is non-transferrable and Page 14. the sign may only be used for the purpose for which it has been granted. E. Vision Clearance Area. r~To temporary or free standing sign shall be erected or maintained in a vision clearance area. Vision clearance areas, in addition to any prescribed by other ordinances, shall include: 1. At the intersection of two street-front property lines, or a street front and an alley property line, a triangle formed by drawing a line 10 feet back along the street or alley front property lines and connecting them with a diagonal line. 2. Along any frontage where there is an entrance onto or exit from any street or highway within 10 feet of the street right-of-way line. 3. Except as provided in this subsection, no free standing sign shall project or extend into any vision clearance area prescribed by any provision of this ordinance. One or two sign posts supporting a free standing sign may be located within the vision clearance area provided they are necessary for the support of the sign and they do not exceed a combined total width of 12 inches, and provided further that no other portion of the sign or supporting member is located within the vision clearance area between two and seven feet above grade. Section 18. Sign Regulations by Type of Sign. A. Projecting Sign. 1. No projecting sign or other signs shall project more Page 15. than four feet over public property or closer than within three feet of the curb line. 2. Projecting signs shall not be permitted in a residential sign district. In other districts, maximum projections shall be limited to six feet. 3. The inner edge of a projecting sign shall not be more than six inches from the face of the building to which it is attached. 4. Minimum clearance below projecting signs shall be eight feet six inches. B. wall Signs. 1. No wall signs shall project more than 12 inches beyond the wall to which it is attached. 2. No wall signs shall cover wholly or partially any wall opening nor project beyond the surface edge of the wall to which it is attached. 3. Where a wall sign extends over public or private walkway, vertical clearance of seven feet six inches shall be maintained from such walkway. C. Free Standing Signs. 1. No free standing signs shall project over public property. 2. A free standing sign shall be directly supported by poles or foundation supports in or upon the ground. No external cross braces, guy wires, T frames, A frames, trusses or similar bracing systems shall be used in constructing free standing signs. Nothing in this subsection prohibits the use of standardized Page 16. outdoor structures and stringers customarily used for the support of sections of the display surface of surfaces thereof. D. Roof Signs. 1. No roof sign shall extend above the ridge line of a roof top. 2. All roof signs shall be directly supported by poles or foundation supports in ar upan the roof. No external cross braces, guy wires, T frames, A frames, trusses or similar bracing systems shall be used to construct roof signs. Nothing in this subsection prohibits the use of standardized advertising structures and stringers customarily used for the support of sections of the display surface or surfaces thereof. E. Signs Under Marquee. Signs may be located under a marquee if vertical clearance of seven feet, six inches is maintained between the sign and the grade below. No supporting member of any signs suspended under a marquee shall pierce or extend through the marquee. Under the marquee signs shall be limited to a vertical height of 12 inches and a maximum sign area of four square feet. F. Wall Facade for Signs. A sign structure for placement of principal or secondary signs which may be erected on top of a wall, parapet or building face shall comply with height limits for wall signs and shall require a plans check by the building official of materials and construction. Materials used may be the same as those used for a sign. If the building official determines that an existing or Page 17. proposed wall facade for signs might interfere with fire fighting access, he shall submit the wall facade to the fire marshal for approval. The supporting structure of any wall facade per sign shall be completely enclosed so as not to be visible from any public property. Section 19. Signs in Residential Districts. No sign or outdoor advertising of any character shall be permitted in an RS, RD, RL, RM or Rai district except the following: A. Any sign permitted in Section 15. B. One non-illuminated sign not exceeding 16 square feet in area. C. The height of a sign shall not exceed five feet. Section 20. Signs in CO and "P" Districts. P1o sign or outdoor advertising of any character shall be permitted in a CO or '°P" district except the fallowing: A. One sign placed flat against the building, not exceeding one-half (1/2} square foot of sign area per each lineal foot of parcel frontage occupied by such building fronting on a city street. Such sign may be illur~inated. B. One detached, non-illuminated sign identifying a group of businesses combined as a shopping center in addition to permitted sign areas for individual businesses. Such signs shall not contain the names of individual business in the center and shall not exceed 24 square feet in area, or 15 feet in height. Section 21. Signs in Commercial and Industrial Districts. No sign or outdoor advertising of any character shall be permitted Page 18. in a CR, CG, ID, CB, IC, IP, IL or IH zoning district except the following: A. Two signs per each separate business, the total combined area of which shall not exceed 50 square feet or one square foot per foot of frontage, whichever is greater. Only one projecting or free standing sign is allowed per business. B. No sign shall be illuminated unless the wall of the building or store on which such sign is displayed or painted, or to which such sign is applied or attached, faces upon a street where the property on the opposite side thereof is in a CO, CR, CG, CB, ID, IC, IP, IL, or IH district. C. One under marquee sign per business. D. If a building has two or more frontages, each secondary frontage shall be allowed one additional sign attached to the building. The area shall be limited to one-half square foot of area .for each foot of building frontage. Only one principal frontage is allowed per business. E. Free standing signs are limited to 25 feet in height. F. Projecting and free standing signs are limited to 75 square feet in area. G. A business fronting on an alley may have one sign attached to the building limited to 16 square feet. H. Directional signs, one such sign is permitted near each driveway in a commercial zone. Area of each sign shall not exceed 12 square feet. Page 19. Section 22. Additional Signs Allowed in a Commercial Highway District. All business fronting on State Highway 99F, State Highway 214, or State Highway 211, except those that are in any "R", CO, IP, IL, or IH zone, are allowed the following signs in lieu of the detached signs allowed under Section 21: A. One detached sign not to exceed 100 square feet of area or 35 feet in height, for each business with a frontage exceeding 90 feet on one of the state highways. B. Only one free standing sign per business is allowed. Section 23. Signs Allocaed for a Freeway Oriented Business. The following signs are allowed for a freeway oriented business in a CG, or ID zone: A. All signs allowed in Section 21, if they are attached to the building. B. One free standing sign may be up to 45 feet in height and 200 square feet in area, regardless of the business frontage. C. "Freeway oriented activity" shall mean a motel, hotel, gas station, eating facility or truck stop. Other persons may petition the Planning Commission for designation as freeway oriented activity. The Planning Commission shall grant the designation only when it finds that the business or activity is of such nature and location that it is com- mitted primarily to providing service, lodging or products to non-resident travelers on non-access interstate freeways and that the activity cannot economically exist or operate without serving that class of persons. The procedure used shall be the same as that for variances. Page 20. Section 24. Off-Premise Advertising Signs. A. All off premise advertising signs shall be approved by the Planning Commission prior to issuance of a perr~it. B. Off premise signs shall be permitted in CG, ID or industrial zones only. C. The Planning Commission shall grant a permit for off- premise advertising signs only when the property owner or business owner can demonstrate that the existing signs allowed under this ordinance fail to relieve an unreasonable hardship and that the hardship can only be relieved by the erection of an off premise advertising sign, and erection of the sign will not in any way detract from any other property or be a detriment to the community. D. Any permit issued under this section is non-transferrable and the sign may only be used for purpose for which granted. E. Any decision by the Planning Commission may be appealed to the Common Council, and the Common Council may call up any action of the Planning Commission for review using the same procedures as for a variance. F. The maximum size permitted for one off-premise advertising sign shall be 300 square feet in area and 30 feet in height. Section 25. Special Sign Regulations for Integrated Shopping Centers. Signs permitted by this section shall be the only signs permitted in an integrated shopping center except those in CO zones. A. Integrated Shopping Center. An integrated shopping center Page 21. is defined in Section 2, subsection J, of this ordinance. when doubt arises as to whether an area is a shopping center or whether a particular business is a part of the shopping center, the Planning Commission shall make the final determination. B. One free standing sign with a maximum area of 150 feet for the shopping center. The height of such sign is limited to 35 feet. C. The center may have the same directional, motor vehicle and temporary signs as allowed individual businesses under this ordinance. D. One sign is permitted for each individual business fronting on a street or parking lot, which is limited to a wall or roof sign with an area of the larger of 30 square feet or one square foot per foot of frontage on a street or parking lot. E. One under marquee sign for each frontage or each business. F. Interior businesses which do not have frontages on a street or parking lot may share the principal sign area of the principal occupant of the building. Section 26. Temporary Signs. A. No temporary signs shall be internally illuminated or be illuminated by an external light source primarily intended for the illumination of the temporary sign. B. ~1o temporary signs shall project over public property or extend into any landscaped area required by any provision of city ordinances except by special permission of the City Administrator. Page 22. C. No temporary signs shall be erected or maintained which, by reason of ~.ts size or location, constitute a hazard to motorists or pedestrians. D. No temporary signs shall be located in any prescribed vision clearance area. E. No temporary sign may be erected for a period greater than 30 days. F. The sign area of temporary signs is limited to 32 square feet. G. "A" frame and "T" frame signs shall be allowed on a temporary basis only. Section 27. This ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. `,'" APPROVED`:. ~ a~r~°..~*~~~ ~~~: ~ ~~. , ~~ .~ .~~,;, _~. ~ _~ Stanl ,Mayor ~.,1 Passed by the Council Submitted to the I4~ayor Approved by the I~~ayor Filed in the Office of the Recorder January 23, 1978 January 25, 1978 January 25, 1978 January 25, 1978 ~ ~ ATTEST: ';'~~. i~.~~ r Barney Burris, Recorder City of ~~1oo~.burn, Oregon Page 23. I, BARNEY 0. BURRIS, Recorder of the City of Woodburn, do hereby certify that I caused to be posted three copies of Ordinance No. 1591, one of which said copies posted in the City Hall on the bulletin board opposite the entrance to the Recorder's Office, in full view of the traveling public; a second one of said copies posted on the Woodburn Public Library bulletin board at 280 Garfield Street, in full view of the traveling public; a third one of said copies posted on the Community Center bulletin board at 491 N. Third St., in full view of the traveling publics that all of said places are public places within the corporate limits of the City of Woodburn and all of said copies were posted on the 24th day of January 1978. arney B rris, Recorder City of Woodburn, Oregon