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Ord 2092 - Repeal Or 1827 Sign ,- COUNCIL BILL NO. 1421 ORDINANCE NO. 2092 AN ORDINANCE RELATING TO SIGNS, PRESCRIBING PENALTIES, REPEALING ORDINANCE 1827, AND DECLARING AN EMERGENCY. The City of Woodburn ordains as follows: SECTION 1. PURPOSE AND INTENT. The purpose and intent of this ordinance is to promote the efficient transfer of information; to balance the desire of individuals to identify their businesses and convey their messages against the desire of the public to be protected against sign clutter and the unrestricted proliferation of signs; to preserve the right of free speech exercised through signs; and to protect the public health, safety and welfare. SECTION 2. APPLICABILITY. This ordinance applies to signs within the City limits and all the planning districts of the City of Woodburn. The regulations are not intended, and shall not be interpreted, to restrict the content of signs and shall be so interpreted. Other regulations of the City may also apply to signs. SECTION 3. EXEMPT SIGNS. The following signs are exempt from the regulations of this ordinance, but may be subject to other regulations of the City. (A) Signs authorized and installed by public utilities, such as electricity, natural gas, telephone and cable television, which are directly related to plant and materials in the public right-of-way and easements, and which aid public safety, identify the location of underground or above ground facilities, or assist the public utility in the maintenance of its facilities. Signs erected for office uses, storage yards and other primary activities of the agency or company are not exempt. (B) Signs erected by the City of Woodburn. (C) Signs and traffic control devices erected by the State of Oregon or Marion County in the public right-of-way for traffic control, traffic safety or public works construction purposes. (D) Signs inside a building, except window signs. (E) Signs affixed to vehicles where the communicative purpose is incidental to the use as a vehicle. PAGE 1 - COUNCIL BILL NO. 1421 ORDINANCE NO. 2092 ~_.w ....--.. ..-.--1---... (F) Street addresses. (G) "Neighborhood Watch" and "Block Home" signs. (H) City-awarded plaques related to historic resources. SECTION 4. DEFINITIONS. As used 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) Intearated Business 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. (C) Maintain. Means to permit a sign, sign structure of 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 walkaways which are attached to a sign structure. (E) Painted Wall Decorations. Displays painted directly on a wall, designed and intended as a decorative or ornamental feature. Decorations may also include lighting. (F) Painted Wall Hiahliahts. Means painted area which highlights a building's architectural or structural features. (G) Person. A natural person, his heirs, executors, administrators, or assigns and also included a firm, partnership or corporation, its or their successors or assigns, or the agent of any of the aforesaid,and any political subdivision, agency, board or bureau of the State. (H) Premises. One or more lots on which are constructed or on which are to be constructed a building or a group of buildings designed as a unit. (I) Ridae Line. The top edge of a roof or building parapet, whichever is higher, excluding any cupolas, chimneys or other minor projections. (J) Sian. An identification, description, illustration, symbol, letter, number, logo, fluorescent tube or row of tubes, incandescent bulb or string of bulbs, or graphic information or device, but not an architectural feature of a building, PAGE 2 - COUNCIL BILL NO. 1421 ORDINANCE NO. 2092 1 including the structural supports, which is affixed directly or indirectly, or temporarily or permanently, upon a building, vehicle, structure or land. Signs identify or direct attention to a product, place, activity, person, institution, business, use, idea, belief, candidate or political issue. Murals and painted highlights are not signs. "Sign" incudes, but is not limited to: (1) A-Frame (also known as an A-Board or Sandwich Board) Sign. A double-faced portable sign constructed with an A-shaped frame, composed of two sign boards attached at the top and separated at the bottom, and not supported by a structure in the ground. (2) Awning Sign. A sign incorporated into or attached to an awning. (3) Building Directory Sign. A sign giving the name and room number of location of the occupants of a building, limited to an attached wall sign. (4) Combination Sign. A sign incorporation any combination of the features of a free standing, projecting or roof sign. (5) Directional Sign. A permanent on-premises sign which is designed and erected solely for the purpose of traffic or pedestrian direction and placed on the property to which the pubic is directed. (6) Electric Sign. A sign utilizing electrical wiring. (7) Flashing Sign. Means a sign or sign structure which is illuminated by an intermittent or sequential flashing light source whose interval is one second or less in duration, or which is in movement without actual physical movement or the illusion of a flashing or intermittent light or light source. (8) Free Standing Sign. A sign supported by one or more uprights or braces in the ground and detached from any building or structure. (9) 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. (10) Lawn Sign. A temporary, free standing or A-frame sign. (11) Non-Conforming Sign. A sign or sign structure that would not be allowed under the sign regulations presently applicable to the site. PAGE 3 - COUNCIL BILL NO. 1421 ORDINANCE NO. 2092 . .-.. ......---..--,------ (12) Off-Premises Sign. A sign advertising goods, products, businesses or services which are not sold, manufactured or distributed on or from the premises of facilities on which the sign is located. (13) Projecting Sign. A sign attached to a building other than a wall sign in which the sign face is not parallel to the wall. (14) Roof Sign. A sign erected on or attached to a roof. (15) Under the Canopy Sign. A sign which hangs underneath a building canopy, awning or other projecting feature an perpendicular to the building wall face. (16) Wall Sign. Any sign attached to, painted on, or erected against the wall of a building or structure with the exposed face of the sign in a plane parallel to the plane of the wall. (K) Sian Structure. Means the supports, braces and framework and foundations of the sign. (l) Street Frontage. A lot line fronting on a street or highway. SECTION 5. ADMINISTRATION. (A) Sian Permit Reauired. (1) Except as provided in subsection (2) below, no person shall erect, construct, modify, relocate, use or replace a sign, change a sign face, or alter a sign or sign structure unless a sign permit and any required building permit and/or electrical permit have been issued. (2) The following signs are not required to obtain a sign permit: (a) exempt signs in accordance with Section 3 above, (b) lawn signs, (c) temporary window signs and displays that do not meet the definition of a sign, for example, murals. Notwithstanding that these signs need not obtain a sign permit, they shall comply with applicable regulations in this ordinance. PAGE 4 - COUNCil BILL NO. 1421 ORDINANCE NO. 2092 1 (3) A separate sign permit application shall be submitted for each sign erected, constructed, modified, relocated, replaced, face changed or structurally altered and for sign repair that includes these activities. Sign maintenance requires no permit. All proposed work on a sign shall be shown in the sign permit application. (B) Aoolication for Permit. Application for a sign permit shall be provided by the Building Official and shall contain or have attached the following information: (1) Name, address, and telephone number of the applicant. (2) A Site Plan which shows the site address, location of building, structure or lot to which or upon which the sign or other advertising structure is to be attached or erected. (3) A sketch showing the method of sign attachment, construction, materials, sign height and area dimensions design, stress of roof or cantilever type sign, sign footing and such other information as may be necessary so that the Building Official may determine the compliance of the sign with this ordinance. (4) Name of person, firm corporation or association directing the construction. {CI Sian Permit Fees. Fees for sign permit applications, extensions of sign permit approvals, sign variances, sign ordinance interpretations and other application actions set forth in this ordinance shall be established by the Woodburn City Council. SECTION 6. SIGN MEASUREMENT. (AI Sian Area. (1 I Sign area is measured within lines drawn around and enclosing the perimeter of each cabinet, sign face or module; these shall be summed and then totaled to determine total area. The perimeter of measurable area shall not include embellishments such as pole covers, decorative roofing, foundations or supports provided there is no written advertising copy, symbols or logos on such embellishments. PAGE 5 - COUNCIL BILL NO. 1421 ORDINANCE NO. 2092 _. '._"_''''__,"N'~'.._._'''.,~_~_ - (2) Sign area includes only one side of a multi-sided sign, regardless of the presence of sign copy on both or all sides. 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. (3) The areas of all signs in existence at the time of enactment of this ordinance, whether conforming or non-conforming, shall be counted in determining permitted sign area. (4) If the sign is composed of individual letters or symbols using the wall as the background with or without added decoration, the total sign area shall be calculated by measuring the area within the perimeter of all symbols and letters or other decoration including logos. Inclusion of a logo or other symbol in a sign area calculation shall be determined as follows: If the distance between the logo or symbOl and the remainder of the sign is greater than one-half the width of the remainder or larger portion of the sign, then the logo shall be counted as a separate sign. (B) Sian Heiaht. (1) The overall height of a free standing sign shall be measured from the average grade surrounding the sign structure for a distance of 20 feet. SECTION 7. SETBACKS AND VISION CLEARANCE AREAS. (A) Vision Clearance Area. No 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 30 feet back along the street or alley fronting 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 curb or edge of roadway. PAGE 6 - COUNCIL BILL NO. 1421 ORDINANCE NO. 2092 -..- ---..--.-,-. -- SECTION 8. SIGNS IN RIGHT-OF-WAY. No sign shall be placed in the public right-of-ways. SECTION 9. CERTAIN SIGNS PROHIBITED. The following signs are prohibited in all cases: (A) Signs resembling official traffic signs or signals, for example signs stating "stop," "go slow," "caution," "danger" and "warning," except officially authorized or installed by the City of Woodburn, State of Oregon or Marion County. (B) Signs that create a safety hazard by obstructing clear view or pedestrians or vehicular traffic. (C) Signs that glare, flash, reflect or appear to do any of these things. (D) Signs on public property or within a street right-of-way except when authorized by the appropriate public agency. (E) Any signs or advertising statuary which move or give the appearance of movement, except for barber poles. (F) Signs or sign structures which produce movement achieved by normal wind currents. SECTION 10. SIGN REGULATIONS BY TYPE OF SIGN. (A) Proiectina Sian (1) Projecting signs shall not project more than 5 feet from the building and no closer than 3 feet to the curbline. (2) Minimum clearance below projecting signs shall be 8 feet. PAGE 7 - COUNCIL BILL NO. 1421 ORDINANCE NO. 2092 1 _. (B) Free Standino Sions (1) A free standing sign shall be directly supported by poles or foundation supports in or upon the ground and meet the appropriate requirements outlined in the State of Oregon Structural Specialty Code. (C) Roof Sions (1) No roof sign shall extend more than a 4 feet above the eave line of a roof or parapet. (D) Signs Under a Canoov (1) Signs may be located under a canopy if vertical clearance or 8 feet is maintained between the sign and the grade below. (2) No supporting member of any signs suspended under a marquee shall pierce or extend through the canopy. (3) Canopy signs shall be limited to a vertical height of 12 inches and a maximum sign area of 4 square feet. (E) Off-Premise Sions (1 ) a) All off-premises signs shall be approved by the Woodburn Planning Commission prior to issuance of a permit. b) The Woodburn Planning Commission shall grant a permit for off-premises 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-premised sign, and erection of the sign will not in any away detract from any other property or be a detriment to the community. c) All off-premises signs erected in the Light Industrial District shall not exceed 200 square feet in area nor a height of 30 feet. PAGE 8 - COUNCIL BILL NO. 1421 ORDINANCE NO. 2092 , _. d) The minimum distance between off-premises signs erected in the Light Industrial District on the same side of the street, road, or highway shall be 1000 feet. e) Any permit issued under this section is nontransferable and the sign may only be used for the purpose for which it is granted. f) Any decision by the Woodburn Planning Commission may be appealed to the City Council and the City Council may call up any action of the Planning Commission for reviewing using the same procedures as for a variance. (F) Lawn Sions. Lawn signs may be erected subject to the following limitations without first obtaining a sign permit. (1) For single family, duplex and multi-family uses. a) They shall only be temporary pole or A.frame signs. b) Number: On a property being offered for sale, one sign per public street frontage, but on properties other than the property being offered for sale, no more than 3 signs total may be erected. An unlimited number of additional lawn signs may be erected during the period preceding and extending no more than 12 days after a general, primary or special election. c) Number of Sides: No more than two. d) Height of Sign: Temporary pOle signs shall be no higher than 6 feet. Temporary A-frame signs shall be no higher than 2 feet. Additional lawn signs erected during the election period specified above shall be no higher than 3 feet. e) Sign Face Area: No more than 6 square feet, but additional lawn signs erected during the election period specified above shall be no more than 4 square feet. PAGE 9 - COUNCIL BILL NO. 1421 ORDINANCE NO. 2092 ..... ..---" ,.~-~...~_.._._'"'._-_.,_.~~..,--_.~~ -- f) Illumination: Not permitted. g) Removal: On a property being offered for sale, they shall be removed within 30 days of sale or transfer of possession, whichever occurs first. Additional lawn signs shall be removed within 12 days after the election. h) Consent: They shall be erected only with the documented consent of the property owner or authorized representative. (2) For undeveloped residential subdivision lots and undeveloped land in the RS Planning District. a) They shall only be temporary pole or monument signs. b) Location on Site: On private property. c) Number; Only one per public street frontage. An unlimited number of additional lawn signs may be erected during the period preceding and extending no more than 12 days after a general, primary or special election. d) Number of Sides: No more than 2. e) Height of Sign: No higher than 6 feet, except additional lawn signs erected during the election period specified above shall be no higher than 3 feet. f) Sign Face Area: No more than 12 square feet. g) Illumination: Not permitted. h) Consent: They shall be erected only with the documented consent of the property owner or authorized representative. PAGE 10 - COUNCIL BILL NO. 1421 ORDINANCE NO. 2092 , (3) For undeveloped land in multi-family, commercial and industrial planning districts. a) They shall only be temporary pole or monument signs. b) Number: Only one per public street frontage. An unlimited number of additional lawn signs may be erected during the period preceding and extending no more than 12 days after a general, primary or special election. c) Number of Sides: No more than 2. d) Height of Sign: No higher than 12 feet. Additional lawn signs erected during the election period specified above shall be no higher than 3 feet. e) Sign Face Area: No greater than 64 square feet for properties fronting on arterial or collector streets, and no greater than 32 square feet for properties fronting on local streets. Additional lawn signs erected during the election period specified above shall be no more than 4 square feet. f) Illumination: Indirect only. g) Consent: They shall be erected only with the documented consent of the property owner or authorized representative. (4) Awning Signs a) Awning signs shall be permitted in commercial and industrial zones only. SECTION 11. ZONING DISTRICT REGULATIONS (A) Signs in a Residential Zone. No sign or outdoor advertising of any character shall be permitted in an RS, RD, RL, RM, or RH zone except: PAGE 11 - COUNCIL BILL NO. 1421 ORDINANCE NO. 2092 - "~-".""--'--T-"--"'-- (1) Those signs permitted in Section 5{A)(2) for which no permit is required. (B) Sians in CO and P Zones. No sign or outdoor advertising of any character shall be permitted in a CO or P zone except the following: (1) One sign placed flat against the building, not exceeding one-half ('h) 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 illuminated. (2) One detached, non-illuminated sign for a business center use, not to exceed 32 square feet in area. (C) Sians in Commercial and Industrial Zones No sign or outdoor advertising of any character shall be permitted in a CR, CG, ID, CB, IS, IP, IL or IH zoning district except the following: (1) A total of 2 signs per each business, which may be wall signs or roof signs, the total combined area of which shall not exceed 50 square feet or 1 square foot per foot of frontage, which ever is greater. (2) Only one projecting or free standing sign is allowed per business. (3) No sign shall be illuminated unless the wall of the building or side 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, IP, IL, or IH district. (4) If a building has two or more frontages, each secondary frontage shall be allowed one additional wall sign attached to the building. The area shall be limited to one half square foot of area for each lineal feet of building frontage. Only one principal frontage is allowed per business. (5) Free standing signs are limited to a maximum height of 35 feet. PAGE 12 - COUNCIL BILL NO. 1421 ORDINANCE NO. 2092 .....-... _."'-'''.'-''~~''.'- ..._-~_._........------ ~ (6) Free standing signs are limited to a maximum of 75 square feet in area. (7) A business fronting on an alley may have one wall or projecting sign attached to the building limited to 16 square feet. (8) Directional signs, one such sign is permitted near each driveway in a commercial zone. Area of each sign shall not exceed 12 square feet. (9) Projecting signs are limited to a minimum of 32 square feet in area. SECTION 12. SIGNS ALLOWED FOR A INTEGRATED BUSINESS CENTER. (A) One free standing sign with a maximum area of 150 square feet for the business center. The height of such sign is limited to 35 feet. (B) The business center may have the same directional and temporary signs as allowed in the applicable zoning district. (C) One wall or roof 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. (D) One Under the Canopy sign for each frontage or each business not to exceed 6 square feet in area. (E) Individual businesses may also share the principal sign area of the center. SECTION 13. NONCONFORMING SIGNS. (A) Existing signs which have been legally erected prior to the effective date of this ordinance either in the City or in those portions of Marion County which were annexed to the City after erection of the sign and do not comply with the provisions of this ordinance are nonconforming signs. They shall be allowed to remain provided they comply with the provisions of this section. (8) To retain nonconforming sign status, nonconforming signs shall not be structurally altered. The sign face or the copy on the sign face, or both, may be PAGE 13 - COUNCIL BILL NO. 1421 ORDINANCE NO. 2092 , changed without first obtaining a sign permit. Sign maintenance and repair are required and may occur without first obtaining a sign permit. (C) Nonconforming signs shall comply with the provisions of this ordinance when one or more of the following occurs. (1) A nonconforming sign is relocated from one location to another location. (2) A nonconforming sign's structure, including but not limited to the support elements or framework, is changed. (3) A nonconforming sign is damaged by an act of God, including but not limited to wind, earthquake, floodwater, to the extent that the sign contractor's estimated cost of the repair exceeds by more than 75 percent the original cost of the sign or the cost of the most recent renovation to the sign, whichever is greater. The original cost or cost of the most recent renovation shall be determined by sign value information submitted at the time a sign permit was issued. If such information was not submitted, the property owner or other person having such information shall submit documentation showing the cost. (4) A sign permit is issued for a new conforming sign on the same property or on adjoining property under the same ownership containing a nonconforming sign of the same type as the one for which the sign permit is issued. A "sign of the same type" means a pole sign for a pole sign or a monument sign for a monument sign or a wall sign for a wall sign. Before a new conforming sign is constructed all nonconforming signs of the same type, on the same property or on adjoining property under the same ownership shall be brought into conformance. The Building Official shall issue a sign permit for a new conforming sign provided the following condition of approval, or condition with words to the same effect, is stated on the permit, "A nonconforming sign of the same type for which this sign permit is issued and located on the same property or on adjoining property under the same ownership shall be brought into conformance prior to erecting the new conforming sign approved by this sign permit." PAGE 14 - COUNCIL BILL NO. 1421 ORDINANCE NO. 2092 1 The condition shall be met by removing the nonconforming sign. (D) Signs for which variances were granted prior to the effective date of this ordinance may remain provided the provisions of the variance approval are met. SECTION 14. VARIANCES All request for variances to this ordinance shall be processed in accordance with the variance procedures set forth in the Woodburn Zoning Ordinance. SECTION 15. PENAL TIES/INSPECTION/ENFORCEMENT (A) Penalties. It is a violation of this ordinance to fail to comply with or to violate any of the provisions of this ordinance or to erect, maintain or use a sign contrary to this ordinance. In addition to the remedies provided by this section, a violation of any provision of this ordinance may also be enforced in accordance with the City of Woodburn Civil Infractions Ordinance. Each day that a violation exists shall constitute a separate offense. (B) Inspection. All signs for which a sign permit is required shall be subject to inspection by the Community Development Director and/or the Building Official or other appropriate inspector. Inspection may include, but shall not be limited to the following: (1) Site inspection to ensure compliance with the sign permit and any provisions in this ordinance. (2) Structural inspection, including but not limited to braces, anchors, supports and wall connections. (C) Enforcement. The Community Development Director is authorized to enforce the provisions of this ordinance and to direct the removal of any illegal sign in accordance with this ordinance and the City of Woodburn Civil Infractions Ordinance. (D) Responsibility for Sign Violations. It is intended that sign violations be enforced even though the responsible party does not knowingly or intentionally violate the provisions of this ordinance. The mere fact that a violation exists and that a person is responsible or owns or controls the property on which the sign violation occurs is sufficient to initiate enforcement proceedings and impose forfeitures. A person may be found liable or responsible for an alleged sign violation by reason of ownership, control, possession or use of the sign, by having constructed or erected PAGE 15 - COUNCIL BILL NO. 1421 ORDINANCE NO. 2092 ,,- .~._~-~.-- ~--T"',~."..-.~-~~-~----_.. the sign, by ownership, control or possession of the property on which the sign exists or has existed or by reason of such person being the proximate cause of such sign's condition. (E) Cumulative Remedies. The rights, remedies and penalties provided in this ordinance are cumulative and not mutually exclusive, and are in addition to any other rights, remedies and penalties available to the City under any other provisions of law. All officials, departments and employees of the City vested with authority to issue permits or grant approvals shall adhere to and require conformance with this ordinance, and shall issue no permit or grant approval for any sign which violates or fails to comply with the conditions of or standards imposed by this ordinance. Any permit or approval issued or granted in conflict with the provisions of this ordinance, whether intentional or otherwise, shall be void. SECTION 16. REPEAL OF PRIOR ORDINANCE. Ordinance Number 1827 adopted on July 26, 1983, is repealed. SECTION 17. SEPARABILITY CLAUSE. If any provision of this ordinance should be declared void or unenforceable by a court of competent jurisdiction, then the remaining portions of this ordinance shall remain in full force and effect. SECTION 18. EMERGENCY CLAUSE. 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 and approval by the May~ (\1\lA- Approved as to form~ I I.' \J Cj z.z. '72- City Attorney D e 1 APPROVED: f Richard Jenning September September September September Cluncil President 28. 1992 30, 1992 30, 1992 30, 1992 Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: fY(~ ~ Mary Tenn nt, City Recorder City of Woodburn, Oregon PAGE 16 - COUNCil Bill NO. 1421 ORDINANCE NO. 2092 ,