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HomeMy WebLinkAboutItem C: Sign Code Enforcement ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Work Session: Sign Code Enforcement Meeting Date: July 24, 2006 Agenda Item Number: C Department: Planning and Development Staff Contact: Mike McKerrow www.eugene-or.gov Contact Telephone Number: 682-5251 ISSUE STATEMENT Eugene’s land use code regulates the number, location and size of signs. It also prohibits some signs, such as portable signs, while exempting others from the need to obtain a sign permit. Staff administers the code consistently using applicable code standards, established policies, procedures and interpretations. Enforcement is initiated primarily on a complaint basis. This item is coming before City Council because there was a request that it be scheduled for discussion. BACKGROUND The original sign ordinance was adopted in 1968. In the late 1980s, a comprehensive review of the sign standards was initiated and new sign standards were adopted in 1990. During the review, the Planning Commission considered a temporary sign permit option, but determined that the cost required to administer the program exceeded available resources. The standards adopted in 1990 primarily are the same standards in the current land use code. Staff has received an average of 27 sign complaints per year over the last five years. Most of the complaints involve portable “A-frame” signs and banners for retail or service businesses. Most of the violations were resolved within two to seven days. Complaints tend to come from community members concerned about safety and aesthetics, as well as from competitors wanting fair application of sign code standards. When a complaint is received, it is assigned to a code enforcement inspector who verifies the violation. The business owner is contacted and educated about the code standards. A deadline is established for the removal of the violation. When the prohibited sign is removed, the enforcement case is closed. Examples of prohibited signs listed in Eugene Code 9.6615 include portable signs, banners, balloons, strobe lights, streamers, and inflatable signs. Within the Downtown Activity Zone, portable signs are allowed if a permit is obtained from Downtown Eugene, Incorporated. A map showing the boundaries of the Downtown Activity Zone is attached. Since the zone uses streets as boundaries, one side of the street allows portable signs but the side of the street just outside the boundary does not. The municipalities of Springfield, Salem and Medford were contacted to compare sign codes. The types of prohibited signs in all three jurisdictions were similar to those listed for Eugene. Like Eugene, all three communities did enforcement primarily on a complaint basis. However, if inspectors observe L:\CMO\2006 Council Agendas\M060724\S060724C.doc an unsafe situation, such as a portable sign blocking a sidewalk or creating a vision clearance issue, they will proactively remedy the violation. The three municipalities have some form of a temporary, fee-supported permit system. If a temporary permit is not obtained, it is considered a prohibited sign. If issued, the size, location and duration are specified. The land use code could be modified to allow portable signs if they meet a clear and objective standard. Such a standard could include maximum size and number, and require that the sign be located on private property and not within a vision clearance triangle. Some portable signs identify businesses that do not have frontage on the street. The code does allow a variance process for these types of situations, such as was approved for Toys R Us. A recent survey of arterial streets found that about 15 percent of businesses were using a portable sign, in violation of Eugene’s existing regulations. RELATED CITY POLICIES The council adopted a new land use code in 2001 after a comprehensive review. The new code clarified a few existing sign standards but no substantial changes were made. COUNCIL OPTIONS The council may direct the City Manager to: 1. Include specific code issues for examination during the next code update process to begin this summer. That will mean this issue will be included in the Planning Commission and City Council discussion for prioritization along with other issues raised during the public outreach. 2. During the annual joint meeting with the City Council and Planning Commission, discuss the option of prioritizing work on the sign ordinance as a high priority item. CITY MANAGER’S RECOMMENDATION The City Manager recommends maintaining consistency in administering the sign enforcement program and not making any modifications to existing procedures or code standards at this time. SUGGESTED MOTION None suggested. ATTACHMENTS A. Eugene Code Section 9.6615 Prohibited Signs B. Boundary map of the Downtown Activity Zone FOR MORE INFORMATION Staff Contact: Mike McKerrow Telephone: 682-5251 Staff E-Mail: mike.j.mckerrow@ci.eugene.or.us L:\CMO\2006 Council Agendas\M060724\S060724C.doc ATT ACHMENT A 9.6615 Prohibited SiQns. Except where qualified as a nonconforming sign, the following signs are unlawful and are dedared to be nuisances: (1) Any sign constructed or maintained which, by reason of its size, location. movement, coloring or manner of illumination may be confused with or construed as a traffic control device or which hides from view any traffic contro! device. (2) Any sign written or placed upon or within a motor vehicle with the primary purpose of providing a sign not otherwise allowed by the sign standards. (3) Any sign constructed, maintained or altered in a. manner not in compliance with the sign standards. (4) Balloons and banners (pursuant to EC 9.6605 Reconciliation, flags, conference and convention banners, and signs permitted as public signs are not induded within this prohibition); (5) Decorative laser signs, search lights. and flashing signs, except electronic message centers; (6) Inflatable signs other than balloons; (7) Portable signs. except as authorized by a permit within the Downtown Activity Zone and warning signs as permitted by EC 9.6605 Reconciliation; (8) Strings of lights not permanently mounted to a rigid background or otherwise qualified as holiday decorations; and (9) Signs in the pUblic right-of-way not authorized by a governmental agency. (Section 9.6615, see chart at front of Chapter 9 for leg/s/ative hlstory from 2/26/01 through 6/1/02; amended by Ordinance No. 20269, enacted November 25, 2002, effective December 25, 2002; and amended by Ordinance No. 20353, enacted November 28, 2005, effective January t 2006). ATTACHMENT B JLJ. 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