HomeMy WebLinkAboutOrdinance No. 19654ORDINANCE No. 19654
AN ORDINANCE IMPOSING A MaRAT4RIUM oN THE
ISSUANCE aF CERTAIN SIGN PERMITS.
The City Council of the City of Eugene finds as follows:
1. The Eugene Planning Cammissian is considering
recommendations on revisions to the Eugene Sign Code. One of
the recommendations under consideration would require a
limitation on the number of issued sign permits for
billboards, electronic message enters and flashing signs.
These categories of signs are the most noticeable types of
signs and have a great adverse impact compared to other
types of signs on the visual environment and safety of
drivers and pedestrians in the City.
2. Because of the effects of such signage on the
aesthetics of the city and the safety of its residents, it
may be necessary to limit the number of these signs within
the city. The number of issued permits for billboards,
electronic message centers, and flashing signs is increasing.
The rate at which applications for such permits have been
submitted has increased.
3. Further time is needed to study the effects of the
increased signage. At same point an excessive amount of
these signs will cause serious public harm. This harm
consists of a less attractive visual environments making the
City a less desirable place to reside or do business, and
creation of a more unsaf e environment for drivers and
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pedestrians. The findings and conclusions set forth at
Eugene Code, 1971, section 8.615, stating the purposes of the
Sign Code, are incorporated herein as though fully set forth.
4. The Planning Commission has concluded that this
serious public harm already exists because of the number of
existing billboards, flashing signs and electronic message
centers. This conclusion rests on the testimony and evidence
presented tv the Commission in the public forums and hearings
conducted thus far on the sign code revision.
5. Based upon this conclusion of the Planning
Commission, a moratorium on the issuance of sign permits for
billboards, flashing signs and electronic message centers is
necessary for a limited period of time. Such a moratorium is
needed to allow time for careful deliberations and
determination of the public interest in limiting the number
of such signs, avoid creation of vested rights in persons
planning to erect such signs should a limitation be
eventually imposed, preserve the current visual environment,
limit the number of accidents that may be directly or
indirectly caused by such signs, and allow more staff
resources to be devoted to the sign code update.
G. A three month period of time for the moratorium is
reasonable. This period of time is the minimum necessary to
gather additional evidence, complete the Planning Commission
deliberations, conduct a public hearing before the City
Council and adopt an ordinance revising the Sign Code.
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7. During the period of the moratorium, alternative
means of communicating messages by signs exist including the
use of existing signs and new signs which are less intrusive
and otherwise allowed by the Sign Code.
NQW~ THEREFORE
THE CITY of EUGENE DDES aRDAIN AS FOLLOWS:
Section 1. Based on the above findings, which are
adopted herein, and notwithstanding any ordinance provision
to the contrary, no permit for the erection, construction,
alteration or relocation of any billboard, flashing sign .or
electronic message centers shall be issued by the City if
application for the permit is made between the effective date
of this ordinance and a date 90 days thereafter. If the
portion of the Eugene Sign Code relating to billboards,
flashing signs or electronic message centers is revised and
adopted within that period, such adoption shall serve as an
earlier termination of this moratorium as of the effective
date of that revision. As used herein: "billboard" means a
sign which has a single face greater than 100 square feet;
"flashing sign" means a sign incorporating intermittent
electrical impulses to a source of illumination or revolving
in a manner which creates the illusion of flashing or which
changes color or intensity of illumination; "electronic
message center" means an electric sign which displays a
periodic automatic change of message through the use of a
lampbank, through use of fiber optics, or by mechanical
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means; "sign" means any material, including sign structures,
placed or constructed outside of an entirely enclosed
building primarily to convey information or other display,
which can be viewed from a right-of-way, private road ar
another property, but not including painted wall decorations
or highlights.
Seotion 2. This ordinance shall not apply to permit
applications filed before the effective date of this
ordinance which are complete or are made complete within 1S0
days of the date of the permit application. Any application
which is incomplete as of the effective date of this
ordinance and is not completed within 180 days of the date of
the application shall be subject to the moratorium imposed by
Section 1 of this ordinance.
Section 3. Any application for a permit which cannot be
issued under section 1 of this ordinance shall be denied
unless the applicant waives the right to timely action on the
application and the right to have the application decided on
the basis of standards existing at the time of the
application, which rights exist under D.R.S. 227.178. If
written waiver of such rights is filed as part of the
application, a decision on the application shall be postponed
until expiration of the moratorium imposed by section 1 of
this ordinance. Such application shall thereafter be decided
on the basis of the standards in effect at the time of the
expiration of the moratorium imposed by section 1 of this
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ordinance.
Section 4. The moratorium imposed by Section 1 of this
Ordinance daes not apply to applications for billboard
permits for property abutting I--S.
Passed by the City Council this
Approved by the N~ayor this
22nd ay of November, 1989
L-...
City Recor er
22nd day of November, 1989
,.
ayor
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