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HomeMy WebLinkAboutOrdinance No. 19387ORDINANCE N0. ~~~ AN ORDINANCE CONCERNING THE SIGN CODE; AMENDING SECTIONS 4.050, 8,610, 8.615, 8.620, 8,625, 8,630, 8,635, 8.640, 5.645, 8,650, 8,655, 8,656, 8.660, 8.665, 8.670, 8.671, 8.672, 8.675, 8,680, 8,655, 8.690, 8.695, 8.700, 8,705, 8.710, 8.715, 8,720, 8.725, 8,730, 8,735, 8.765, 8,785, 8.790 AND 8,795 OF THE EUGENE CODE, 1911; AMENDING AND RENUM-~ BERING SECTIONS 8,800, 8,801, 8,802, $,803, 8.804, 8.805, 8.806, 8,807, 8,808, AND 5,810 OF THAT CODE; ADDING NEW SECTIONS 8.809, AND 8,855 TO THAT CODE; REPEALING SECTIONS 5.745, 5.750, 8.755 AND 5,760 OF THAT CODE; AND DECLARING AN EMERGENCY, THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Sections 4.050, 8.610, 8.615, 8.620, 8,625, 8.630, 8.635, 8.640, 8,645,.8.650, 8.655, 8,656, 8.660, 8,665, 8.670, 8,671, 8.612, 8,675, 8.680, 8.685, 8.690, 8,695, 8.700, 8,705, 8,710, 8.7x5, 5,72D, 8.725, 8,730, 8.735, 8.765, 8.785, 8.790, and 8,795 of the Eugene Code, 1971, are amended; Sections 8,800, 8.801, 8,803, 8,804, 8.805, 8.806, 5.807, 8,808, and 8.810 are amended and renumbered; new Sections 8.809 and 8,855 are added; and Sec- tions 8.745, 8.750, 8,755, and 5,760 are repealed, all to provide: 4, 050 Affixing, Displaying, Painting, Etc, , Matter to Streets, Trees, Etc . 1 No person shat a ~x or display a notice, placard, b~]l, handbill, card, advertisement or sign on a sidewalk, crosswalk, curb or curb- stone, , or a portion or part of a public way ar pubi i c pi ace, or a 1 amp post, e1 ectr~ c i ~ ght, telegraph, telephone poi a or ray 1 way structure, hydrant, shade tree ar tree~box or on the piers, columns, trusses, girders, railings, gates or other parts of a public bridge or viaduct, or other public structure or building, or an a pole, box or fixture of the fire alarm or poi i ce tele~ graph system, except as may be authorized or required by the laws of the United States, State of Oregon, this code ar other ordinances. 4 2 } I n addition to any other penalty provided by 1 aw, any such notice, placard, bi11, handbill, card, advertisement or sign may be impounded by the city and disposed of in accordance with the procedures outlined in sections 2,825 to 2.855 of this code. Sign Code General 8.610 Ti t1 e. Secti ans 8, 615 to 8.855 shal 1 be known as the city sign code ~rcf~n~n~a - i 3.615 Purpose and Scope. The purpose of this code is to protect the hea th, safety, property and wet fare of the public by establishing standards for the design, quality of materials, construction, location, elec- tri fi cati on, i 1 ] umi nati on and maintenance of all signs and sign structures not Located within a building. The council, after due deliberation, and of ter a publ i c hearing, hereby finds and declares : ~ a} That the people of the city have a primary interest i n control]ing the construction, location and maintenance of outdoor signs in a manner designed to protect the public health, safety and morals and to promote the public wet fare. ~ b} That the development of the city has resulted i n an i n- crease i n the number of businesses i n the city, with an increase i n the number and size of signs advertising business activities, creating conf 1 i cts between advertising signs themselves and between advertising signs and traffic regulating devices. ~ c } That i t i s necessary to provide equity and equality i n displaying identification signs by establishing regulations vn size and location of such signs. ~ d} That i t i s necessary to the pub] i c safety that official traffic regulating devices be easily visible and free from nearby visual obstructions such as blinking signs, an excessive number of signs, or signs in any way resembling official signs, fie} That the construction, erection, and maintenance of large outdoor signs, suspended from or placed on top of buildings, wa11s or other structures constitutes a direct danger to pedestrian traffic below such signs, especially during periods when winds of high velocity are prevalent. ~f} That the uncontrolled erection and maintenance of large signs seriously detracts from the enjoyment and pleasure of the natural scenic beauty, fig} This code is enacted to provide for fair and equal treat- ment of sign users and for a reasonabl a period of time for the elimination of nonconforming signs and for the amortization of investment i n said signs, ~ h} That this code sha11 apply to the design, quality of materials, construction, 1 ocati on, electrification, i 11 umi nati on and maintenance of all signs and s7 gn structures to be 1 orated within the city. 8,620 Definitions, A11ey, A public way for automobile traffic used for secondary access to the rear or side of property, or, i n the case of an al 1 ey access parcel, for primary access. Banner. A temporary sign composed of lightweight material either enclosed or not enclosed in a rigid frame, secured or mounted so as to allow movement of the sign caused by movement of the atmosphere, Bui 1 di ng 1 i ne, A 1 i ne established by ordinance beyond which no bui 1 di ng may extend, A bui 1 di ng 1 i ne may be a property 1 i ne. Bui 1 di ng occupancy. That portion of a bui 1 di ng occupied by one tenant, i ncl ud~ ng the projection to the exterior wal 1 s of the portion occupied. Ordinance -- ~ Bui ~ di ng off i ci al . The person designated by the city manager as the u~ ~ ng o ~ c~ al for the city, or hi slher designee. Combination sign, Any sign incorporating any combination of the features of pole, projecting and roof signs. Community event sign . Noncommercial , non-product, or servi ce- oriente banners, pennants, and similar signs announcing a community event designated by the city manager or the manager`s designee, Curb line. Line at the face of the curb nearest to the street or raa way. In the absence of a curb, the curb line shall be established by the city engineer. E1 ectri c sign . Any sign containing electrical wiring, but not including signs i 11 umi Hated by an exterior light source, Grade. The lowest point of elevation of the finished surface of the ground directly below or at the sign location, and any point five feet distant from the sign location, or the lowest point of elevation of the finished surface of the ground between a poi nt directly below or at .the sign location and the property 1 i ne, i f the s~ gn, or any pro~ecti on thereof, i s 1 ess than five feet distant from the property line, In case the sign, or any projection there- of, i s within five feet of a publ i c sidewalk, alley or other publ i c way, the grade shall be the elevation of the sidewalk, alley or public way. Height ar height of sign, The vertical distance from the "Grade to the h7 ghest po7 nt of a si gn or any vertical projection thereof . Identity sign, A sign which carries only the firm name, major enterprise or principal product or service of the premises on which the sign i s .located. Incidental sign . A si gn indicating services, trading stamps, prices, cre it car s or other information not including product advertising, Individual commercial establishments i n residential areas. Any commerce a use ocated w~ the n a res~ dents a1 gone . Location or sign 7 ocati on , A l ot, premise, building, wal 1 or any p ace whatsoever upon which a sign is erected, constructed or maintained, Marquee, A permanent roofed structure attached to and sup- ported by the building and projecting over public property. Mural , Any pictorial or graphic decoration, i 11 ustrati on, visual er presentati an or art work, other than a sign, which i s applied directly to a structure and is neither used for, nor intended to achieve, the purposes of advertising by: I , The use of lettering or script which draws attention or directs the observer to a particular business or business location ; or 2, Drawing attention to specific products, goods, or services by the use of brand name, trademark, copyright, or any device which restricts re-use or reproduction by others without permission or remuneration of the owner, Noncombustible, As applied to building construction material means a materi al which, i n the form i n which i t i s used, i s either one of the following: 1. Material of which no part wi 71 ignite and burn when subjected to fire. Any material confarmi ng to U. B, C, Standard Ordinance - 3 4-I shall be considered noncombustible within the meaning of this code, 2, Material having a structural base of noncombustible material as defined i n Item No , l above, wi th a surfaci ng material not over 118 inch thick which has aflame-spreading rating of 50 or less. "Noncombustible" does not apply to surface finish materials, Materials required to be noncombustible for reduced clearances to f ] ues, heating app] i ances, or other sources of high temperature shall refer to material conforming to Item No, 1, No material shall be classed as noncombustible which is subject to increase in cambusti bi 1 i ty ar f ]ame-spread rating beyond the ] i mi is herei n established, through the effects of age, moisture or other atmos- pheric condition. Flame-spread rating as used herein refers to rating obtained according to tests conducted as specified i n U, B, C, Standard No. 42.1, Plastic materials, approved. Those havi ng a sel f-~i ni ti on . g temperature 650 deg. F, or greater when tested ~ n accordance w~ th U,B,C, Standard Na, 52-3 and asmoke-density rating not greater than 450 when tested in accordance with U,B,C, Standard No. 42-1, ~ n the way intended for use, or a smoke-density rating na greater than 75 when tested in the thickness intended for use by U,B,C, Standard No, 52-2, Approved plastics shat 1 be classified as either CC1 or CC2, in accordance with U,B,C, Standard No, 52-4, Pole sign. A sign wholly supported by a sign structure in the ground. Pra jecti ng sign. A si gn other than a wal 1 s7 gn which projects from and ~s supported by a wall of a building or structure. Reader board signs. A si gn on which the display surface copy may be c ange . Copy shat 1 be related only to the business, ser- vice or products offered an the premises on which the sign is located, or to the announcement of recognized community events, Roof sign. A sign erected upon or above a roof or parapet of a building or structure. S gn . Any medium including its structure and component parts, why ch ~ s used ar ~ ntended to be used to attract attention to the subject matter for advertising purposes. Sign contractor, general. A person engaged in the business of hanging, rehangi ng, placing, assembling, i nsta] 1 i ng, repairing or structural 1 y altering any sign provided for within the Eugene Sign Code, Sign contractor, limited. A person engaged in the business of hanging, rehang~ng, placing, assembling, installing, repairing ar structura 11 y a1 teri ng any nonw i 11 umi na ted sign which i s 4a~ Painted upon, attached to, or erected against the wall of a building or structure with the exposed face in a plane parallel to the plane of the wall; 4 b~ Projecting not more than four inches from the bui 1 d- ing wall or not exceeding eight feet above grade if free standing; and ~ c} Not exceeding 128 pounds ~ n weight. Sign structure, Any structure which supports ar is capable of supporting any sign as defined in this code. A sign structure Ordinance -- 4 may be a si ngl a poi a and may or may not be an integral part of the bui 1 di ng, Street. An officially approved public thoroughfare or right-~ of-way dedicated ar deeded to the city or condemned by the city for use as such, other than an alley, which affords the principal means of access to abutting property. Street property line, A lot line separating a street from other and. Surface area of si n. The entire area of each face within a single, con ~ nuous per meter, which encloses the extreme ] i mi is of a sign and in no case passes through or between any adjacent ele- ments of the sign, The irregularly shaped signs or elements of a sign is measured by increments of ane foot. The perimeter does not include trim or structural elements lying outside and bet ow the I i mi is of a si gn, and not forming an integral part of the display, Tr m, The moldings, batten, capping, nai 1 i ng strips, ] atti c- ~ng and platforms which are attached to the sign structure. U,S,C. Signs, The 1985 Edition of the Uniform Sign Code as published and copyrighted i n 1985 by the International Conference of Building Officials, as adapted by the city. vision ci earance area . A tri angular area of a corner i of at the intersect~an o two front lot lines, and through which it is necessary to retain vision clearance in the interest of the public safety. The two legs of the triangle are of equal 1 ength and co-~ i nci de with the two front lot i i nes . The apex i s 1 ocated at the intersection of the front I of 1 i nes, extended i f necessary. The base of the triangle extends diagonally across the corner of the 1 of intersecting the two legs an equal distance from the apex. Wail sign, Any sign painted upon or attached to or erected against the wall of a building or structure with the exposed face of the sign i n a pl ane paral l e1 to the plane of the wal I and pro- jecting not more than 12 inches for signs located more than eight feet six inches above the sidewalk or grade line or not mare than four inches far signs located 1 ess than eight feet six inches above the sidewalk ar grade lines. Geographic Areas 8.625 Sign Standards by Geographic Area. Stan ar s are based on t e oiiowing concepts: ~ a } The primary purpose of signs i s to identify business pre- mises, The public has a right to see and the business has a right to visual identification. The advertising of goods, products or services i s considered i nci dental to this primary purpose, ~ b} Uncontrol i ed use of signs for advertising interferes with this primary purpose of signs far identification. 4c} The best means of fulfilling the primary purpose wii] depend on the nature of the predominant traffic i n the area; foot, autombi i e, or a Iambi nati on of these, Since zoning districts do not reflect this concept, sign regulations should not be tied to zoning districts, ~ d} I t i s necessary to protect residential neighborhoods Ordinance - 5 from the destruction of residential atmosphere that results from the glare and confusion that many signs introduce. ~2} Only signs as prescribed below are permitted on a building or parcel l acated i n the following districts shown an a map entitled "Eugene, Oregon Sign District Map, Part of the Eugene Sign Code," attached to and made a part of of this code, and as may be amended from time to time, where a building or parcel is bounded by two or more streets, the number of signs permitted on each street frontage shall be as established below; provided, however, that na more than two signs far each separate business establishment, not including under marquee signs, shall front on any one street. ~3 } When a single business exists on parcels separated by a street or alley, each parcel shall be treated separately for sign purposes. 8.630 Pedestrian-Auto District, This district i s mainly found i n the Eugene central busy Hess and retai ] district which i s designated Major Retail Center in the Metropolitan Area General Plan. Sign heights, locations, and dimensions i n this district are based on the visibility needs of pedestrians and sl vw moving .traffic . The following identity signs, and ~ nc~ dental s~ gns shat 7 be permitted on properties located within areas designated as "Pedestrian-Auto District" on the Sign District Map ~a} Signs on building walls located parallel to the stree t property lines. 1, Sign area. The total surface area of all faces of a1 l signs, except under marquee signs, shat 1 be l i mi ted to not more than three square feet for each lineal foot of street frontage of the first floor occupancy; two square feet for each lineal foot of street frontage far the second floor occupancy; and one square foot for each ]meal foot of street frontage for the third and subsequent floor occupancies. Each wall of a building adjacent to a public street shall be considered separately. Such signs may be wall signs, project- ing signs, marquee signs, roof signs ar pole signs, or a com- bi nati on thereof . Regardless of the sign area per l i Heal foot of street frontage allowed, each separate business establ i sh- ment shat l be permitted 50 square feet of sign surface area, and the maximum allowable sign area for any one sign shall not exceed 350 square feet of surface on any face. a. Occupancy area, The first story occupancy shall extend from the si dwal k or grade 1 i ne to three feet above the roof line at the wal l 1 i ne or to the top of the para- pet wall, whichever is higher. On buildings which are two or more stories in height, the first story occupancy shat 1 extend to three feet above the second floor I i ne, The second and subsequent story occupancies shall extend from three feet above the occupied story f] oor line to three feet above the roof 7 i ne at the wall line, or to the top of the parapet wall , whichever i s higher. b. The sign area permitted for occupancies above the first floor may be relinquished to the first floor occupant by the owner of the property by endorsing the Ordinance - 6 sign permit application i n the manner prescribed by the bui 1 di ng official . 2. Projecting sign. One projecting identity sign, which shall be entirely contained within the building occupancy area from not less than eight feet six inches abave the sidewalk or grade 1 i ne. The surface area of a pro jecti ng sign shal l be included in the total allawable sign area as pravided in sub- section 1, above. a. The maximum projection beyond the street prop- erty line shall be four feet six inches. The maximum width of a projecting sign shall be four feet two inches with an additional four inches maximum provided for anchorage of the sign to the building structure. A pro- jecti ng sign may not project within two feet of any curb or driveway 1 i ne. b. A pro jecti ng sign may have an additional three inches in height per one inch reduction in allowable projection as specified above, but shall not extend into the adjacent story occupancy unless relinquished as pro- vided in subsection ~a~1.b, above. c. Projecting signs located at street intersec- ts ons shal 1 be governed by sign clearance 1 i nes from the near curb line of the adjacent street extending one foot into the street right-of~-way for each five feet of di s- tance to the bui 1 di ng and the bui 1 di ng frontage, d. No projecting sign shal 1 be erected wi thi n 24 feet of an adjacent wall or projecting sign measuring from center to center of adjacent projecting signs or from the center of a pra jecti ng sign to the edge of an adjacent wal 1 sign, i f such signs are i n the same hors -~ zontal plane. 3. Marquee signs. Signs located under marquees shall not project more than 12 inches below the marquee and sha11 have a maximum projection of four feet two inches and shall be not 1 ess than eight feet six inches above the sidewalk or grade line. The surface area of signs on the face of a marquee shall be considered as part of the total sign surface area . Reader board signs on theater marquees complying with al 1 other provisions of section 8.630 shat 1 be permitted. 4, Pot a signs. The maxi mum height for free-standing pole signs shal l be 20 feet above the sidewalk or grade l i ne, or to the height permitted for a building wall sign on the same property, as specified in subsection ~a~1, above, which- ever is higher. 5. Roof signs. A roof sign shat 1 be permitted wherever a pole sign ~s permitted, subject to the maximum height above grade, as specified for pole signs. Such roof signs sha11 be mounted so that the bottom of the roof sign i s not more than one foot above the surface of the roof at the sign location. ~b~ Signs on buildings not adjacent to the street property lines. ~. Signs for building wall or property line facing or parallel to interior or non-street property lines shall have the same permitted sign area as defined in subsection ~a}1. Ordinance - 7 above, with a maximum of two signs per building wal] or sign side. Signs may be flat-wall signs or projecting. Signs may be free-standing poi a signs with the area 1 i mi tati ons apps y-~ i ng to al 1 signs. 2. Signs for property street frontage where the build- i ng wall i s more than 15 feet from the street property 1 i ne, or if no building is on the property, shall use a maximum total sign surface area of three square feet per lineal foot of street frontage, with .each street frontage to be treated separately, Building wall signs shall have the same permitted sign area as defined in subsection 4a}~, above. Each separate bui 1 di ng occupancy may have one free-standing identity sign for each street frontage, which may project as specified i n subsection ~a}2, above. Where afree--standing pole sign is used as the principal sign on a busi Hess 1 ocati on with more than 204 feet of continuous street frontage on one street, a second free-standing sign, 1 imi ted to 54 square feet i n sign area and 20 feet in height, is permitted. ~c} Incidental signs for outdoor merchandising businesses. If not in con pct wit zoning prov~s~ons o Chapter 9, or other provisions of this code, incidental signs may be attached to the building structure, or may be listed on one permanently installed sign structure not over ten feet total height above grade and 1 ocated at least 15 feet from any street property 1 i ne and comply- ing with all yard and special setback requirements of the zoning ordinance, Signs announcing special features may also be displayed on this structure. The total surface area of all such signs shah not exceed SD square feet. 5,635 Integrated Shopping District, This district covers shopping areas developed and managed under one ownership. These areas are generw al 1 y designated either as neighborhood or community commerci a1 i n the Metro- politan Area General Plan. Another characteristic of these centers is common parking shared by the business tenants. This district allows one shopping center sign per street frontage large enough to be readi 1 y vi si b1 e to motor- i sts on surrounding arteri a1 or collector streets. The remainder of the signs identifying individual businesses are wall signs scaled to pedestrian needs The standards imposed i n this district are intended to al 1 ow identification without undue intrusion of light and glare on adjacent residential proper- ti es. The fol 1 owi ng signs shal 1 be permitted on properties 1 ocated wi thi n areas designated as "Integrated Shopping District" on the Sign District Map ~a} overall identity sign. One overall identity sign, per each street frontage, pole-~maunted or roof-mounted, not over 20 feet total height above grade, and located to comply with all yard and setback requirements of the zoning ordinance. Such sign shall not exceed 200 square feet in surface area for vne face, or X44 square feet in surface area for two or more faces. ~ b} Wa11 sign , 1, One identity wal 1 sign shall be al 1 awed on each separate business occupancy. The surface area of such signs shall be limited to not more than three square feet for each 1 i Heal foot of front bui 1 di ng wal 1 for the first floor occu- pancy; two square feet for each lineal foot of front building ordinance - S wall for the second floor occupancy; and one square foot for each 1 i Heal foot of front bui 1 di ng wall for the third and subsequent floor occupancies. Regardless of the sign area per lineal foot of front building wall allowed, each separate business establishment shall be permitted 50 square feet of sign surface area, and the maximum allowable sign area for any one sign steal l not exceed 354 square feet of surface area on any face, Interior mall businesses without exterior walls may have one identity wall sign wi th a maximum surface area of 50 square feet, 2, One additional wal 1 sign shall be permitted on other than front building walls, However, in no event sha11 a business have more than one sign per wall, The surface area of such signs shall be the same as specified for front wall signs in subsection ~b}l, above, 3, Occupancy area. The first story occupancy sha11 extend from the s~ dewal k or grade 1 i ne to three feet above the roof 1 i ne at the wall 1 i ne, or to the top of the parapet wall , whichever i s higher. 0n buildings which are twv or more stories i n height, the first story occupancy steal 1 ex- tend to three feet above the second f1 oor 1 i ne, The second and subsequent story occupancies shall extend from three feet above the occupied story floor line to three feet above the floor line of the story above, or to three feet above the roof 1 i ne at the wa11 1 i ne, or to the top of the parapet wall , whichever i s higher. ~c~ Marquee signs. One under marquee sign projecting not more than 12 inches below the marquee, having a maximum projection of four feet two inches, and not less than eight feet six inches above the sidewalk or grade line. For purposes of computing sign area, signs on faces of a marquee shall be considered as part of the total surface area. ~ d} Outdoor merchandising ~ automobi le service station, new and used car ots, gar en shops, etc, I f not ~ n conf 1 i ct with zone ng prove s~ ons of chapter 9, or other provisions of this code, the fallowing signs sha11 be permitted; 1. One identity sign, not over 2O feet total height above grade, roof or pole-mounted, located to comply with all yard and specia] setback requirements of the zoning ordinance. Such signs steal 1 not have over 40 square feet of surface area for one face, or SO square feet of surface area for two or more faces, 2. Incidental signs may be attached to the building structure, or may be listed on one permanently installed sign structure, not over ten feet total height above grade, and 1 orated at 1 east 15 feet from any street property 1 i ne and complying with all yard and special setback requirements of the zoning ordinance, Signs announcing special features may a] so be displayed on this structure, 3. The total surface area of all signs, except the identity sign, as provided i n subsecti an ~ d ~ 1, above, shat 1 not exceed 80 square feet, ~ e~ Reader boards, The fol 1 owi ng additional provisions shall apply to reader board signs, Ordinance -9 1, Reader board signs shalt not be over 40 square fee t i n surface area . 2, Reader board signs shat 1 be setback a minimum of 15 feet from the street property line, 8.640 Outlying commerci a1 District. Areas i n this district are usually es~ gnated nee g orhood or community commerci a1, or stri p or street- ori ented commerci a1 i n the ~9etropol i tan Area General Plan, They are approach- ed primarily by car at city arterial speeds. The businesses are not neces- sari 1 y under one management so all the regulations applied to the integrated shopping district cannot be used. Projecting signs are allowed for each business, but none i s as large as the single identity sign for an integrated shopping center, The brightness, intensity and 1 ocati on standards i n these areas are intended to protect the surrounding residential areas, The follow- ing signs shall be permitted on properties located within areas designated as "Outlying Commercial District" on the Sign District Map: ~ a} General , Al 1 signs shat l be subject to the fol 1 owi ng provisions: 1, No illumination sha11 be permitted which provides mare than five foot candles at any abutting residential di s- trict property line at a height of five feet. 2, Light from an illuminated sign adjacent to residen- tial property shall be so shaded, shielded or directed that the 1 i ght intensity or brightness wi 11 not be a Hui sauce, and shall be turned off between 10:00 p,m, and 6:00 a,m., Light- ing from all light sources other than street lights and natur~- a] sources, shall be so shaded, shielded or directed that the light intensity or brightness will not be a nuisance, and shall be turned off, or reduced to not more than two foot candles at the closest street or business property line be- tween the hours of 10:00 p,m, and 6:00 a,m.; except that, if the premises are open for business after 10:00 p,m,, the 1 i ghti ng sha11 be reduced as above at the c1 ose of business, 3. A11 signs shat 1 be located to comply with al l yard and speci a1 setback requirements of the zoning ordinance, 4. Where only one of several separate businesses is an a street frontage, or where two or more businesses elect to use a si ng1 a identity sign or 1 ovate their separate identity signs at a single 1 ocati on, one identity sign, pol e-mounted or roof-mounted, not over 20 feet i n height shall be al 1 owed in addition to the signs permitted in section 8,640~b7 except that only one pole-mounted sign per street frontage is alloww ed, Such signs shall not exceed 200 square feet in surface _ area for vne face and 400 square feet for two ar more faces for a single over-a11 identity sign for all businesses served or 40 square feet in surface area for one face and 80 square feet for two or more faces for each business if separate iden- ti ty signs are used at a single 1 ocati on . 4 b~ Indoor businesses, The fol 1 owi ng signs shat 1 be permitted: 1, One of the following identity signs on each separate business occupancy, as allowed below: a, One wall sign, the surface area of which shall Ordinance w 10 be limited to not more than three square feet for each l i Heal foot of bui 1 di ng wa11 for the first f1 oor occu- pancy; two square feet for each 1 i Heal foot of bui 1 di ng wall for the second floor occupancy; and one square foot for each 1 i Heal foot of bui ]ding wal 1 far the third and subsequent floor occupancies. Each wall of a building facing to a public street shall be considered separately. Regardless of the sign area per l i Heal foot of bui 1 di ng wal 1 allowed, each separate business estab1 i shment shat l be permuted 50 square feet of sign surface area, and the maximum allowable sign area for any vne sign shall not exceed 350 square feet of surface area on any face. b. One projecting or pole-mounted sign, not over 20 feet total height above grade and located to comply with all yard and special setback requiements of the zoning ordinance, Such signs shall not have over 4D square feet of surface area for one face, or 80 square feet of total surface area for two or more faces, c. One roof sign, with the same maximum height and area as specified for a pole sign in subsection b. above, Such roof sign shall be mounted so that the bottom of the roof sign is not more than one foot above the surface of the roof at the sign location. 2. Occupancy area. The first story occupancy shall extend from the s~ dewa] k or grade 1 i ne to three feet above the roof 1 i ne at the wal 1 line, or to the top of the parapet wall , whichever i s higher. On bui 1 di ngs which are two or more stories in height, the first story ocupancy shall extend to three feet above the second floor line, The second and sub- sequent story occupancies shall extend from three feet above the occupied story floor line to three feet above the floor line of the story above, or to three feet above the roof line at the wal 1 1 i ne or to the top of the parapet wal 1, whichever is higher. ~c~ Outdoor merchandisin . 1. One ~ entity sign for each separate occupancy, roof, wall, or pole-mounted, not over 20 feet total height above grade and 1 ocated to camel y with al 1 yard and special setback requirements of the zoning ordinance, Such signs shall not have over 40 square feet of surface area for one face, or 8O square feet of surface area for two or more faces, 2, znci dental signs may be attached to the building structure, or may be listed on one separate, permanently in- stalled sign structure, not over ten feet total height above grade, and located at least 15 feet from all property lines, and complying with all yard and special setback requirements of the zoning ardi Hance . Signs announcing special features may a1 so be displayed an this structure. 3. The total surface area of al 1 signs, except the identity sign, as provided in subsection ~c}1, above, shall not exceed 80 square feet. ~d} Reader board signs. Reader board signs, not over 40 square feet i n surface area shal 1 be allowed, provided they are set back a minimum of 15 feet from the street property 1 i ne. Ordinance - 11 8,645 Highway Oriented District. Areas in this district are usually es~ gnate commune ty commercial or strip or street-oriented com- merci al i n the Metropolitan Area General Plan, Signs i n this district are oriented to automobiles traveling at higher speeds than those on local or collector streets, Higher signs are allowed i n this district than i n mos t others to make i t easier for persons driving cars i n this district to find the businesses they seek. The following signs shall be permitted vn proper- t~ es located w~ the n areas des gnated as "Highway Oriented District" on the Sign District Map : ~a} All signs shall be located to comply with all yard and special setback requirements of the zoning ordinance, ~ b} Each separate business occupancy may have one identity sign located within the first 15 feet of the street property line, and not mare than 30 feet total height above grade. Such sign shat ] not exceed 100 square feet of surface area for any one face, or 200 square feet of surface area for two or more faces. Such sign shall be separate and not part of any other signs allowed an the property, The identity sign may include within the surface area permitted, the message "open," or "open 24 hours," in the case of service station or restaurant occupancies, and the term "vacancy" or "no vacancy" in the case of motels. ~ c } The total surface area of all other signs, including billboards, on the property shat 1 not exceed three square feet for each lineal foot of street frontage. None of these signs shall be higher than 30 feet above grade, nor located less than 15 feet from any street property line. ~d} The highway oriented district shall extend, unless other- wi se shown on the Sign District Map, 200 feet from the center line of the highway i t faces. fie} Any business property within the highway oriented dis- tri ct, but not having highway street frontage, may have identity s~ gns only, Such s~ gns shall conform to either the highway on ent- ed district regulations, or to the regulations of the nearest adjacent sign district. 8.650 Industrial District. Areas i n this district are usually designated 7 ndustr~ a ~ n the Metropolitan Area General Plan. Businesses i n this district often have m7 ni mal street frontage but they occupy large sites. Thus the standards used i n the commercial sign districts are not adequate for industrial signing. Ta account for these factors, one identity sign i s al 1 owed for nisi bi l i ty from nearby highways and arterials, and additional sign area is based on building perimeter rather than to street frontage. The following signs shall be permitted on properties located within areas designated as "Industrial District" on the Sign District Map: ~a} General, All signs shall be located to comply with all yard and spec~a setback requirements of the zoning ordinance, fib} Identity signs. Each separate occupancy may have one pole or roof-mounted ~ enti ty sign, not more than 30 feet total height above grade, Such sign shall not exceed 100 square feet of surface area for any one face or 200 square feet of surface area for two or more faces. Such sign shall be separate and not part of any other sign al 1 owed on this property. ~ c } Wall si n . The total surface area of al 1 other wal 1 Ordinance - 12 signs sha11 be 1 ~ mi ted to not more than one square foot for each lineal foot of building perimeter wa11 for each occupancy area. ~d} Billboards. Billboards and other off-premise signs, as provided i n sects on 8.695 of this code, 8.655 Residents a1 District. Areas i n this sign district are usually eszgnate or resi ential use in the Metropolitan area General Plan, The signing allowed reflects the primary residential character of these areas, al 1 owl ng only small signing for non-resi dents a1 uses such as small businesses and home occupations. The following signs shall be permit- ted on properties 1 ocated within areas designated as "Residential District" on the Sign District ~~ap. ~ a} General . A11 signs within resi dents a1 areas shall be subject to the following provisions; 1. Illumination at a property 1 i ne abutting resi dents a1 properties resulting from all signs and 1 i ghti ng on any non- residential use property, shall not exceed five foot candles at a height of five feet, when a street intervenes between residential property and any non residential use property, the i 11 umi Hats on measurements just described shall be taken at the curb 1 i ne c1 osest to the residential property. 2. Lighting from all light sources other than street lights and natural sources, sha11 be so shaded, shielded or directed that the 1 i ght intensity or brightness wi 11 not be a nuisance, and shall be turned off, or reduced to not more than two foot candles at the closest street or business property line between the hours of 10:00 p,m, and 6:00 a,m.; except that, if the premises are open for business after 10:00 p,m,, the lighting shall be reduced as above at the close of business, 3. All signs shall be 1 ocated to comply with a] 1 yard and specs a1 setback requirements of the zoning ordinance. Projection of signs into the required yards shall be permit- ted as specified in the zoning ordinance, fib} Single, duplex and multiple family dwelling districts. The fol l owe ng s~ gns sha be a 1 owed: 1. Each dwelling unit may have one name plate not exceeding 1-112 square feet in surface area indicating the name of the occupant and occupation, 2. Each multiple fami 1y dwel 1 i ng property shall be 1 i mi ted to one identification sign not exceeding 12 square feet i n surface area, Such sign shall be either ground-~ mounted to extend not more than five feet above grade, or may be a fl at wall sign. 3. Subdivision signs. The following signs shall be permitted ~ n con~unct~ on with new subdivision development: a. Signs announcing the subdivision and improve- ment of property, when located on the property to be improved, may be single-faced, with a maximum surface area of 64 square feet for the first one acre or fracti an thereof of such property, and may be increased in size by 16 square feet of surface area for each adds ti oval gross platted acre of the property, to a maxi mum of 200 Ordinance - 13 square feet of surface area, The maximum height of such subdivision signs shat ~ be eight feet for signs up to 64 square feet of surface area, and 20 feet above grade far signs over 64 square feet of surface area. Such signs shat ~ not be erected unti l a formal application for subdivision has been filed with the city, Said signs may be maintained for a peri od of one year from the date of the erecti an of such sign, which date of erection shat l be reported to the bui 1 di ng official within 30 days after erection. If said subdivision is not completed within one year after erection, the sign permit may be renewed for periods not exceeding one year, provided the sign i s maintained i n accordance with the provisions of this code. b. Signs not l orated on the advertised property, which are six square feet in area or less, may be allowed for a peri ad of 30 days, upon apps i cati on to the building official , Signs not l orated on the property advertised, which exceed six square feet i n surface area, directing attention to a subdivision, are deemed to be a billboard or off-premises sign, ~ c~ Individual commercial establishments i n residential areas, 1, One identity flat wa1 l sign shat l be permitted for each opera ting business. Such sign shall not have a surface area of more than 32 square feet, 2, All other signs shall be contained within the struc- ture, 8.656 Professional-Office Sign District, Areas within this district are orate i n trans t~ an 7 ocat~ ons between major land use designations in the Metropolitan Area General Plan such as residential and commercial designations.. Large office buildings found in these areas require more sign- ~ ng than perms tted ~ n the res~ denti al district, yet signing must be compat- i bl a with the neighboring residential areas, ~ a~ All signs within the professional-office district are subject to the following provisions: 1, Yard and setback requirements of the zoning ordi- nance; and 2. Illumination requirements of section 8, 655 ~ a~ 1, and 2 , of this code . ~ b~ The fol 1 owi ng signs shall be permitted i n the professi onal- off i ce district: 1, An individual business located within the profes- sianal -office district shat 1 be permitted one free--standing or wal l-mounted ~ denti ty sign, not exceeding 32 square feet i n surface area, Free-standing signs shall have a maximum height of eight feet above grade; wall signs shall have no height 1 i mi tati on. 2, Multiple businesses occupying ane building shall be allowed one overall free-standing or wall-mounted identity sign with a maximum surface area of 32 square feet, In addi- tion, each separate business occupancy shall be permitted one Ordi Hance ~- 14 wal l-mounted identity name plate, at a maximum size of 12 square feet i n surface area; such sign to be located wi thi n the occupancy perimeter of the advertised business. Special Signs 8.660 Special Permit Signs. Signs which either do not lend themselves to t e or unary processes of measurement, because they are inte- grated into the design of the building structure, or signs designed for a special purpose which makes strict app? i cati on of the code difficult, may be permitted i n any sign district when the building official finds such signs i n conformance with the intent of this code and appropriate to the type of development or structure to which they are related, 8.665 Tem orary Signs on Private Property. The following types of signs, ~ ent~ rel y 7 orated on pry vate property, are exempted from section 8,625 to 8,655 and 8,715 to 5.130. Such signs shall not be illuminated: ~a~ Announcing signs. One sign annauncing the names of architects, engineers and or contractors of a bui l di ng under con~- structi on, alteration or repair, and signs announcing the character of the building enterprise or the purpose far which the building is intended, provided such signs shall not exceed 32 square feet in surface area. Such signs may be flat-wall signs, or pole- mounted, wi th a maximum height of eight feet above grade. Such signs may have a maximum surface area of 64 square feet, if com- bined with the sign permitted in subsection ~b~ below. ~b~ Real estate signs and room and board signs. Signs not exceeding four square feet ~ n surface area, adverts si ng the sale, rental or lease of the premises on which displayed i n the i nte- grated shopping and residential districts; 16 square feet i n the, outlying shopping district; 32 square feet far the central busi - ness, highway-oriented and industrial districts. Such signs shat 1 be wall -mounted or pol e-mounted, wi th a maxi mum height of eight feet above grade. Such signs in the pedestrian-auto, highway-~ oriented and industrial sign districts may be 64 square feet, i f combined with the sign permitted i n section 8, 655 ~ b} 2. 4c~ Political cam aign signs. Signs or posters not exceeding 32 square feet ~n surface area, announcing candidates seeking political office. Such signs shat ] be removed within two weeks after the election for the office sought. Such signs shall be wal l-mounted or pol e-mounted, wi th a maximum height of eight feet above grade. ~ d~ Directional signs . Signs to open house, garage sales, and other temporary occasions, not exceeding six square feet in surface area, and located an private property, 8.670 Exempt Signs. The following signs are exempted from all the pro- vis~ ons of this code, except regulations pertaining to construction and safety. ~ a~ ~nsti tuti onal signs. Any sign or bulletin board setting Ordinance - 15 forth or denoting the name of any public, charitable or ref i gi ous institution, when 1 ocated on the premises of such institution, provided such sign or bulletin board shall not exceed 32 square feet in surface area, and is indirectly lighted. Reader board signs are permitted with a maximum surface area of 32 square feet, either wall-mounted or pole-mounted, with a maximum height of eight feet. ~ b} Pub1 i c signs. Signs of a publ i c, non-commercial nature, which shat ~ nc u e safety signs, danger signs, no trespassing signs, signs indicating scenic or historical points of interest, and al 1 signs erected by a publ i c officer i n the performance of a public duty. ~ c} Traffic directing signs. Non-i 11 um7nated directional signs, indicating traffic movement onto a premise, or within a premise, not exceeding three square feet of surface area for each sign, and one such sign per entrance to the premises. Directional signs on paved areas shall be exempt from the size standards indi- cated above, a directional sign of not more than 12 square feet of surface area, and not more than eight feet in height, used only to identify and 1 ocate a servi ce entrance or service faci 1 i ty, provided that such sign cannot project any further than the allow- abl a pra~ecti on for an identity sign. t d} Memorial signs and tablets. Non-i 11 umi Hated memori a1 signs or to ets, ~ n ~ cats ng t e name of a bui 1 di ng or date of erection, not exceeding two square feet in surface area, which are part of the building construction, or are attached as wall signs. ~ e} Name p] ates and directories. Non-i 11 umi Hated name p1 ates and bui 1 di ng directories relating only to the use or occupancy of the building to which attached, and not exceeding 12 square feet of surface area, which are part of the bui 1 di ng construction, or are attached as wall signs. ~ f } Seasonal decorations. Seasonal decorations shal 1 be permitted from November 15 to January 1 for display purposes on public or private property, providing such decorations are safely maintained. When on public property, approval of the council is required. ~ g } Seasonal signs. Seasonal signs shall be permitted for Christmas tree sales lots during the period from the day after Thanksgiving to January 1 and for fireworks sales during the period from June 24 to July 6, provided such sign shall not exceed 32 square feet i n surface area and i s either wall-mounted or pol e- mounted with a maximum height of eight feet. ~h} Bus signs. Non-illuminated advertising signs attached to the extern ors of buses operated by a mass transit district organized under aRS Chapter 261, so long as the surface area of all such signs placed upon a vehicle does not exceed 11,034 square inches, and the surface area of signs placed upon any one side of a vehicle does not exceed 4,324 square inches. 4 i } Community event signs. Noncommerci a] , non-product, or service-oriented banners, pennants, and similar signs announcing a community event designated by the city manager or the manager ` s designee. The community event shall be of community interest with participation available to the general citizenry, and non-~commerci a7 and non-pot i ti cal i n nature. Provided, however, the 1 ocati on and Ordinance - 16 placement of these signs sha11 be reviewed by the city sign i nspec- tor to ~l~ avoid conflict with traffic control signs and devices, ~2~ avoid blocking other permanent signs, and ~3~ ensure safe con- structs on and installation, These signs may be instal 1 ed up to 21 days before and may remain i n place up to 7 days after the desi g- nated community event. Community event banners on bui 1 di ngs shat l not exceed l0°~ of the wal 1 area on which 1 orated, wi th a maxi mum surface area of 250 square feet. A11 other community event banners on private property, or banners across a public street, shall not exceed 204 square feet in surface area. Community event banners shall be al 1 owed with sponsor identification 1 i mi ted to 25~ of the square footage of the banner. A deci si on of the city manager or the manager`s designee may be appealed to the sign code board of appeals i n accordance with sects an 8.802 of this code. ~3~ Conference and convention signs. One banner advertising or welcoming groups or organs zat~ ons sponsoring or attends ng a meet-~ ing, conference, or convention may be installed on the building where the event is being he]d, The sign may be installed up to seven days before and may remain in place up to three days after the event, It shall be flat, structurelwall mounted, and may be up to 124 square feet in surface area. 8.671 Regulation of Murals. The fol 1 owi ng shall apps y to murals: a ado person shat 1 paint or otherwise create a mural upon any structure without first obtai ni ng a permi t from the building official or designee to do so, A separate permit shall be obtained for each mural. ~ b~ Application far a mural permit shall be made i n writing upon forms furnished by the bui 1 di ng official , Each application sha11 be accompanied by a mural permit fee to be established by resolution of the council , Each appl i cats an shat 1 contain 1, The names and addresses of the owner of the structure and of the person who i s to apply the mural , 2. The address or location of the structure upon which the mural i s to be apps i ed. 3. The proposed location far the mural upon the struc- ture , 4. A set of plans and specifications that i 11 ustrate and explain the proposed mural. 5. Such other information as the bui 1 di ng official or designee may reasonably require, ~c~ The building official ar designee shall issue a mural permit i f, after examining the application, i t i s determined that the proposal meets the definition of a mural cantos ned i n section 8, 620, ~ d~ Al 1 murals shat 1 be maintained by a person i n charge of property i n a neat, clean, and attractive condition, free of chi p- pi ng, cracking, peeling, fading, graffiti or other deters arati on. ~ e } Regulation of murals shat 1 be governed exclusively by sections 8.005, 8.624, 5, 671, 8.612, 8.543 to 8,814 of this code, 8.612 Mural s -Appeals, An appeal may ~be taken from a deci si on of the bui ~ ng o~ f ~ c~ al or designee under section 5, 671 to the sign code Ordinance - 17 board of appeals, Appeals may be made to the board upon a form prescribed by the board, and shall follow the sign code variance procedures set forth in sections 5.803 to 8,810 of this code, 8.675 Roaf signs. Roof signs shall be permitted i n al 1 sign districts wTere pole signs are permitted, subject to the maximum height above grade as specified for pole signs. Such roof signs shall be mounted so that the bottom of the roof sign i s not more than one foot above the sur- face of the roof at the sign 1 ocati on. 5.684 Under Marquee Signs, Signs located under marquees shall not pro- ~ect over 12 Inc es below the marquee and shall not be less than eight feet six inches above the sidewalk or grade 1 i ne, and not more than four feet two inches maxi mum projection. Such signs sha11 be exempt from the sign district regulations, except i n the residential district, 8.685 I ] l umi nati on. A11 signs and other i 11 umi nati on within the city shat 1 be subject to the fol ]awing restrictions upon i 11 umi nati an 4a} No exposed reflective type bulb, no strobe light or incan- descent lamp which exceeds 15 watts shall be used so as to expose the face of the but b, 1 i ght or lamp to any public street; provided, however, that existing strings of lights with exposed incandescent light bulbs may be used as follows: l5 watts maximum for the first 25 feet from the street property 1 i ne . 54 watts maximum for the area from 25 feet to 54 feet from the street property 1 i ne. 104 watts maximum for the area mare than 50 feet from the street property line. However, the total 1 i ght intensity must still comply with the i 11 umi nati on requirements and 1 i mi tati ons of section 8.655 ~a}2; and a ref 1 ecti ve type lamp bulb may be used, i f not exposed to direct view from a publ i c street, for the i 11 umi nati on of the sur- face of a sign or facade of any building or structure or any dis- play of landscaping feature. fib} No blinking or flashing light yr group of lights shall be allowed as part of a sign unless such device conforms to the fo11 awl ng requirements 1. Such device is constructed as an integral part of a sign, and i s not merely attached thereto. 2, The flashing impulse shall not exceed 25 f]ashes per minute for single flashing segments of the sign, and 250 f 1 ashes per minute for bulbs ~wi th chasing and sci nti 1 ] ati ng actions. 4nl y one of such actions shat 1 be permitted on any sign. 3. The brightness of but bs within chasing or sci nti 1- lating actions shall nat exceed 11 watts, Ordinance - 18 Prohibited Signs 8.690 Prohibited Signs. No sign shall be constructed, erected or maintained; ~ a} Within the public right of way. ~ b} Which bears or contains statements, words or pictures of an obscene, indecent or immoral character, such as will offend public morals or decency. ~ c} Which purports to be, or i s an imitation of, or resembles an official traffic sign or signal, or which bears the words "STOP," "GO SLOW," "CAUTION," "DANGER," "WARNING," or similar words. ~ d} Which, by reason of its size, 1 ocati on, movement, content, coloring or manner of illumination may be confused with or con- strued as a traffic control device; or which hides from view any traffic or street sign or signal. fie} Which advertises or publicizes an activity, business, product or service not conducted on the premises upon which such signs are maintained; except as provided in sections 8.695 to 8.705. ~ f } Which advertises or publicizes an activity, business, product or service not conducted by the owner or lessee of a motor vehi c1 a or recreati anal vehicle upon which such signs are main-~ twined. ~ g} Which rotates or has a rotati ng or moving part or parts that revolve at a speed i n excess of five revolutions per minute. Reader board signs shall not be allowed to rotate. ~ h} Which consists of banners, flags, posters, pennants, ribbons, streamers, strings of ]fight bulbs, spinners, or elements creating sound or sme11 which are signs defined by this code, except seasonal decorations, community events signs, and conference and convention signs as permitted by section 8.610~f}, ~i}, and 4 j} of this code. ~ i } Which represent any article or thing that i s of unarti s- ti c nature, or which i s i n i tsel f unsi ghtly, grotesque, of offen- si ve character or a monstrosi ty; i t being the intent and purpose of this section that al 1 signs shat 1 be attractive i n appearance. ~j} Which would substantially obstruct the view of a sign on ad jai ni ng property when viewed from a di stance of 240 feet at any point four feet above the roadway grade of the traffic lane clos- est to the street property line. ~k} Which is written upon, temporarily or permanently placed upon or attached to a motor vehicle, mobile home or recreational vehicle which advertises the price of any product or service, or indicates that a busi Hess i s open or closed, except as permitted in section 8.610. ~l} As used in this section the term motor vehicle is defined as provided in chapter 5 of this code and the term mobile home and recreational vehicle are defined a provided i n chapter 9 of thi s code . Ordinance -~ 19 Billboards and Other Off-Premises Signs 8,695 General . Bi 1 lboards are non-identity signs which advertise goods, pro acts or services which are not sold, manufactured or distri- buted on or from the premises or faci 1 i ti es on which the signs are located. Because the advertising of goods, products or services i s considered i nci - dental to the primary purpose of signs for identification, bi 11 boards are and y allowed along pri nci pal highways where they can provide i nformati an concerning goods, products or services to the traveling public, and along certain specified industrial arterials where they can be located without unduly adding to the density of signs, creating distractions, or conflicting with residential uses. 8.700 Regulations. Billboards and other off-premises signs shall conform tote o awing regulations: ~a} Si]lboards shall be located to comply with all yard and special setback requirements of the zoning ardi Hance. Wherever there exi sts a confl i ct between the setback required by the zoning ordinance and that required by this code the greater setback shall be applied. 4b~ Billboards and other off-premises signs shall comply with sections 8, fi90 to 8.845 i n addition to other sections sped f i cal 1 y referred to i n sections 8, fi95 to 8.705. ~c~ Billboards shall be permitted within areas designated as "Highway Oriented District" and on the following streets north of llth Avenue i n the "Yndustrial District" -Garfield, Seneca, Obie, and Bertelsen Road. ~ d~ I n the highway oriented district the total surface area of all signs other than the identity sign, including bi 11 board signs and other off-premises signs, shall not exceed three square feet for each 1 i Heal foot of street frontage. None of these signs shat l be located less than 15 feet from the front property line. ~e~ The maximum surface area for a billboard, including the frame or trim, shall be 672 square feet; maximum height shall be 30 feet above grade. ~f~ There shall be not over 1,300 square feet of billboard surface area facing one direction i n any one~Mal f mi 1 e of highway oriented district street frontage or on the streets named i n sub- secti on ~ c~ above. Such surface area shall be included i n comput- i ng the total surface area permitted by section 8.645 ~4 ~, but shall not be included in computing the area permitted by section 8.fi5O~c~. ~g~ Billboards may be single-faced, double faced or v-~shaped structures, except that each face i n one di recd an shall be counted as a separate billboard. Surface area of back-to-back billboards shall be computed at 50 percent of the actual surface area of each face and v-shaped structures at 75 percent of the actual surface area of each face. ~ h ~ An individual 1 of with less than 140 1 i Heal feet of hi gh- way frontage and which therefore would not accomodate a standard outdoor advertising sign, may nonetheless have one billboard with 300 square feet maximum surface area, provided such lot has no Ordinance - 20 other signs, except a 32 square foot maximum surface area real estate sign, or identity sign, i n accordance with section 8.665 ~ b} . Allowable surface area for billboards shall in no event exceed the provisions of subsection ~ f } above. 8.705 Other Off-Premises Sign Provisions. In addition to the provisions o section . 0, t e o owing provisions shall apply to other off-premises signs erected within the highway oriented sign district: ~ a} A busi Hess may have one directional off-premises sign within one mi 1 e distance from its business 1 ocati on, provided such sign is not over 32 square feet of surface area which shall be in- cluded within the surface area permitted by section 8.700~d}. fib} The area of off-premises signs not over 32 square feet of surface area sha11 not be included within the bi 11 board areas specified i n section 8.700 ~ f } and ~ g } . Other off-premises signs over 32 square feet in surface area shall be included in the bill- board surface area. Construction Requirements and Fees 8.710 Uniform Sign Cade -Adopted. The 1985 Edition of the Uniform S~ gn Co e, pub ~ shed and copyrighted i n 1985 by the International Conference of Bui 1 di ng Officials, i s hereby adopted, except the fol 1 awl ng sections which are hereby deleted: 103~c} and 103~d}; 203; 205, 207, 212 Portable Display Surface and Projection; 213; 214 Signs; 211 Wall Sign; 301 through 306 inclusive; Tables 4-B and 4-C; Sections 403~e}; 501 through 503 ~nclus~ve; 603; 803; 903; 1003; 1103; 1302~b}; 1401 and 1402; and all por- tions of this code on file in the office of the finance officer, except those deleted herein, are hereby referred to and adopted by this reference thereto and are made a part of this code as i f ful 1 y set out herein. 5.715 Permits and Registration -Regulations. A genera s~ gn contractor sha register with the bui 1 di ng official and shat 1 submit documentation of experience and training i n sign canstructi an, erection and repair or a related field of construction acti v- i ty. ~2 } Any person who performs electrical work 1 i mi ted to servicing electrical signs and outline lighting i s required to have a val i d State of Oregon Limited Journeyman Sign Electrician's license, shall be employed by a 1 i censed electrical contractor, and shall provide proof of compliance with the public ]lability and property damage insurance requirements of sec- ti on 8.730 of this chapter. ~3} No person shall erect, construct, alter or relocate any sign, unl ess a si gn permit has been issued by the bui 1 di ng official for same. A separate permit shall be required for each sign. Applica tion for a sign per- mi t shall be made i n writing on forms furnished by the building official . Such application shall contain the location of the sign structure, by street and number as well as the name and address of the sign owner or lessee, and of the sign erector. The bui 1di ng official shall require the fi 1 i ng of plans, structural calculations and such other pertinent ~ nformati on as required to Ordinance ~- 21 insure compliance with this code. Permits shall be issued only to sign con- tractors registered in accordance with this chapter or any property owner erecting a sign or sign structure on hislher own property far his/her own use, provided the sign erection work is performed by such person or persons regularly and directly under hislher employ. ~a} Structural design. Signs more than ZO feet in any dimen- sion, or locate more than 20 feet above grade, shall be structur- al l y designed, including their attachment to the bui 1 di ng or structure, by an architect or engineer licensed in the state, and plans for such signs shall bear the architect's or engineer`s seal, or shall conform to design standards agreed upon by the sign industry and the bui 1 di ng official , conforming to this code . fib} Other permits. The permit required by this section shat 1 be separate from any permit required for electrical instal 1 a- tians or equipment to service such sign, as specified in the elec- tri cal code. ~c} Compliance. The building official shall not issue a permit far a s~ gn covered by appl i cati an duly made, unless the sign and its location is in complionce with the provisions of this code. No permit issued hereunder may be assigned or transferred. ~ d} Duration of permit. ~ f the sign authorized by a sign permit i s not i nsta 1 ed w~ thi n 60 days after the date of issue, such permit shall be void, except when larger signs require more time to build and install, and evidence is shown that work is progressing at normal rate. 8.120 Permits - Exceptions. The fol 1 owl ng signs and operations shat 1 not require a sign permit or fee, but shall conform to all other applicable provisions of this code: ~a} The changing of the advertising copy or message on a painted or printed sign or a bi 1 l board sign or on a theater marquee and similar signs specifically designed far the use of replaceable copy. ~ b} Painting, repainting, cleaning and normal maintenance, and repair of a sign or sign structure, including electrical equi p- ment, unless a structural change is made. ~c} Signs, as provided by sections 8.665 and 8.670. ~d} Small signs, less than 16 square feet of the total sur- face area, located entirely on private property for the purposes of advertising a single service or commodity. 8.75 Permits - Fees. For the purposes of enforcing this code, the application fora sign permit shall be accompanied by a fee, as fol 1 ows : ~ a} Sign construction fees for al 1 signs shat l be establ i sh- ed by reso ut~on o t e counci The sign construction fee shall also apply as the annual permit fee required i n subsection ~ c } below, which shat I expire on the fol 1 owl ng June 30. ~ b} Double fee. 1~here work for which a permit i s required by this code is started or proceeded with prior to obtaining a permit, the fees above specified shall be doubled, but the payment of such Bauble fee shall not relieve any persons from fully com- Ordinance - 22 plying with the requirements of this code i n the execution of the work nor from any other penalties prescribed herein. ~c~ Annual sign permit fee. For all signs projecting on or over public property, other than wa11 signs projecting 1 ess than 1Z inches over public property, the business using the sign shall pay a fee as established by resol uti an of the council . The permi t shall expire on 4une 34 of each year. 8.134 Permits - Insurance. Every applicant for a permit to erect, alter or ma~nta~n a sign which projects more than 12 inches over public property, shat 1 fi 1 e with the bui 1 di ng official , copies of hi sf her pubs i c 1 i abi 1 i ty and property damage i nsurance pot i ci es, which pot i ci es shat 1 be maintained i n fu11 force and effect during the durati an that the sign remains over publ i c property. Pub1 i c 1 i abi 1 i ty insurance sha11 not be ]ess than $100,000.40 for injuries, including accidental death, to any person, and subject to the same limit for any person in an amount of not less than $300,400.00 on account of one acccident and property damage insurance in an amount of not less than $54,000.00. Inspection, and Maintenance 8.735 Inspection. Signs for which a permit is required sha11 be inspect- ed by the bui 1 di ng off i ci a1 or designee far conformance with the requirements of the Eugene Code, 1971. Nonconforming Signs 8.765 Existing Signs. 1 Except as otherwise provided in sections 8.765 to 8.790, all signs which do not conform to the provisions of this code, but which were constructed in compliance with previous regulations, shall be regarded as nonconforming signs, and may rer~ai n for five years from September 9, 1968, if properly repaired and maintained as provided in this code. ~2) Annexed areas. Except as otherwise provided in section 8.765 to 5.790, al 1 signs ~ n areas annexed to the city after September 9, 1968, which do not conform to the pravi si ons of thi s code, sha11 be regarded as nonconfarming signs, and may remain for five years from the date of annexa- tion. ~3~ Exceptions. ~If y sign is nat conforming in height, area, projection or setback in an amount of not more than 14 percent of the allow- able dimension, the sign wi11 not be required to conform to the provisions of sections 8.765 to 8.790. ~ b~ I f, i n the opinion of the sign code board of appeals, the provisions of this code would seriously hamper a new business because of the impossi bi 1 i ty of 1 ocati ng a new sign i n any position which would avoid blanketing by existing signs, then the board may all ow the operator of such a new business to erect a sign with a greater projection; provided a waiver is signed by the business Ordinance - 23 operator himself, accepting as an amortization period for that sign, whatever remains of the five years after September 9, 1968, by which time all signs must be brought into confvrmi ty. ~ c3 Freestanding signs i n areas annexed to the city prior to June 11, 1986, which signs were authorized or existed prior to annexation and which became nonconforming due to height restric- tions under the provisions of this code, may remain ~ n use notwi th- standi ng the provi si ans of this code with respect to the height and area of such signs. Any nonconforming sign which is structurally altered, relocated or replaced shall immediately comply with all provisions of this code. 5.185 Billboards, Except as otherwise provided in sections 8.165 to 8.790, billboards which do not conform to the provisions of this code, but which were constructed i n compliance with previous regulations, shall be regarded as nanconformi ng signs, and may remain for five years from September 9, 1968. 8.790 Changes to Conform. 1 Any s~ gn s a 1 be removed, a1 tend or repaired i n accordance with the provisions of this code within six months after September 9, 1968, if: ~ a} i t i s i n vi o1 ati on of sections 8.590 ~a} to t h} , except for strings of light bulbs, which must be removed or replaced by other acceptable 1 i ghti ng within five years after September 9, 1968, fib} It is in violation of section 8.685~b}. ~ c} I t i s a portabl a sign, 1 ocated not i n conformance with the yard and special setback requirements of this code and the zoning ordinance. ~d} Yt is an attachment to an identity sign not constructed as an integral part of the sign. ~ e} i t was not i n conformity with the ordinances i n effect at the time of construction. ~2} Any nonconforming sign which is structurally altered, relocated or replaced shall immediately comply with all provisions of thi s code. Enforcement and Administration 8.795 Building Official to Enforce. 1 The building official or designee is hereby authorized and directed to enforce all of the provisions of this sign code. ~ 2 } Notification of Violation and Nonconformity, The bui 1 di ng official or des gnee s a note fy ~ n wry t~ ng the appl ~ cant for a si gn perrni t of any violation of this code, who shall correct the vi of ata on of this code within the time specified on the written notice. The bui 1 di ng official or designee shall notify the owner or 1 essee of any sign which i s made noncon- formi ng by the enactment of this code within one year of the expiration of the period specified i n sections 8.765 to 8.185, or within 30 days of the Ordinance - 24 expiration of the period specified i n section 8.794 ~ 2 } , of the manner and extent of nonconformity of such sign. If the owner of the sign cannot be determined, then the owner of the property on which the sign i s 1 ocated shal 1 be given such written notice, 8.800 Sign Code Board of Appeals - Creation. There is hereby created a oar to ~~e known as the sign code board of appeals, hereinafter referred to as the board. ~a} Members of the board sha11 be nominated by the mayor and appointed by the council. The board sha11 consist of five members representing the interests of the city as a whale, and having no financial interest in the sign industry, and one member from the sign industry who shall have no vote. No member of the baard shall act in any case in which helshe is personally interested. The building official shall be an ex officio member and shall act as secretary to the board. The secretary shall prepare minutes of all meetings of the board and copies of such minutes shat 1 be ci r-~ culated to all members of the planning commission, fib} The mayor, with the approval of the council, shall appoint the members of the initial board far staggered terms: one member for one year, two members for two years, and two members for three years. Thereafter, each new member shall serve for three years, or until his or her successor has been appointed. ~c} Any vacancy on the board caused by the resignation, death or removal of a member shall be filled in the manner provided in ~a} above. ~d} The council may remove any member who has been absent, unexcused, from two successive regular meetings of the board. 8.801 Sign Code Board of Appeals -Procedures. The members of the board shall elect a chair. A11 meetings of the board shall be held at the cal 1 of the chair, and at such time as the board may determine. Three voting members of the baard sha11 constitute a quorum for the transaction of business. A11 hearings shall be public and the appellant, his or her repre- sentati ves, the affi ci al s of the municipality and any other persons whose interests may be affected by the matter on appeal , shat 1 be given the oppor-~ tunity to be heard. The board shall affirm, modify, or reverse the decision of the building official by a concurring vote of a majority of the voting members present. The board may adopt reasonable rules and regulations for canducti ng its investigations, and sha11 render al 1 decisions and findings i n writing to the bui 1 di ng offi ci a1, with a duplicate copy to the appellant, and may recommend to the counci 1 such new 1 egi s1 ati on as i s consistent here- wi th. 8.84 Sign Cade Board of Appeals Ana ecte person ma; the city manager, bui 1 di ng official , sign code except for a decision made Such appeal shall be taken within 10 official whose decision is appealed, grounds thereof. The official whose - Appeals. appea`~to the board from a decision of or their designee made pursuant to this pursuant to sections 8.848 to 8.810. days of the decision by fi 1 i ng with the a notice of appeal, specifying the decision i s being appea] ed shal 1 forth-~ Ordinance - ~5 with transmit to the board ail the papers constituting the record upon which the action appealed from i s taken . ~2} An appeal shall stay the action appealed from, unless the building official , city manager, or their designee certifies to the board, after the notice of appeal has been filed with himlher, that by reason of facts stated i n the certi fi cote, a stay would, i n hi slher opinion, cause immediate harm to the public health, safety or welfare or to property; i n which case the action shal 1 not be stayed otherwise than by a restrai ni ng order, which may be granted by the board or by a court having jurisdiction of the matter. Sign Code variance Procedures 8.803 Sign Code Variance Procedure. The building official or designee may grant sign co a variances in accordance with the following pro- cedures: ~ a} Appi i cati on, An application shat 7 be su mi tted by the applicant i n building division of the public works fee set by the council. ~ b} Notice. Within ten days of accurate application, and at least ten official or designee makes a deci si on, mail notice of the request to abutting pants, including properties that woul d intervening streets or alleys. and related information the manner prescribed by the depart~~ent, together with the receipt of a compl ete and days before the building the bui i di ng division shat i property owners and occu- be abutting were it not for 8.804 Bui 1 di ng Official Decision. Unless the applicant agrees to a longer time period, the building official or designee shall approve, condi ti oval iy approve, or deny a variance, with findings and conci usi ons thereon, within 30 days of receipt of a compl ete and accurate application. The building official's or designee's decision shall be based on the follow- ing criteria: ~ a} Strict or literal interpretation and enforcement of cer- tai n of the regulations woui d resui t i n practical difficulties and unnecessary physical or economic hardships inconsistent with the ob j~ecti ves of this code. ~ b} A practi cal di ffi cui ty or unnecessary hardship may resul t from: 1. The size, shape or dimensions of a si te, the i oca- tions of existing structures thereon; 2. Geographic, topographic or other physical. conditions on the site or i n the immediate vicinity, or 3. Population densities, street 1 ocati ons or traf f i c conditions i n the immediate vicinity. ~ c } An economic hardship i s one which results from an i ndi - vidual inability to fairly and reasonably amortize the value of a nonconforming sign within the period of time prescribed by the sign code. The power to grant variances does not extend to an economic hardship ref ated to the cost, size or i ocati on of a new sign, or to the convenience of the applicant; nor i s i t intended Ordinance - 26 to extend to the convenience of regional or national businesses who wish to use a standard sign, when those do not conform to the provisions of this code. ~ d} Y f a vari ance request requires re-exami nati an of stand- ards or policies, the building official or designee can refer the matter to the sign code board of appeals for a decision. ~ e} The bui 1 di ng official or designee shall mai 1 a copy of the decision to the applicant and persons who have requested a copy on the date i t i s rendered. ~ f} Unless appeal ed, a deci si on i s effective on the 11th day after i t i s rendered. 8.805 A peal. 1 Building official or designee decisions and after building official ar designee decisions relating to interpretation of this sign code may be appealed to the sign code board of appeals within ten days of the decision or interpretation, on a building division form. An appeal may be taken by the applicant, a person adversely affected by the decision, or a party enti t1 ed to notice, vari ance appeals shall state how the bui 1 di ng afficial ar designee failed to properly evaluate the proposed variance or make a deci si on consistent with applicable criteria. ~~} Unless the applicant and appellant agree to a longer period, an appeal shall be considered at a hearing at which an opportunity is given for oral arguments on the appeal within 15 days of its receipt. At 1 east ten days prior to the hearing, the building official ar designee shall mail notice thereof to the applicant, appellant, and persons who requested a copy of the building official's or designee`s decision. ~3 } lei thi n ten days of the hearing, unless the applicant and appellant agree to a longer period, the sign code board of appeals sha11 render a deci si an and mai 1 a copy thereof to the applicant, appellant and parties who have requested a copy. The sign code board of appeals' decision is final. 8.805 Expiration. Unless actual construction or alteration has begun w~th~n one year, a variance approval terminates. However, prior to expiration, the applicant may request and the bui 1 di ng off i ci a1 or designee may extend approval for six month periods. The bui 1 di ng official or designee sha11 never extend approval for more than two years from the first effective approval date. 8.807 Compl i ance_wi th Substitute Plan and Conditions of Approval . I f a vari ance i s granted subject to certain conditions, or a substi tute plan, compliance with the conditions or the substitute p1 an i s required. Departure from approval conditions or the substitute plan i s a vi of ati on of this code . 8.808 Enforcement -Notice and Opportunity to Comply. The bui 1 d~ ng off ~ ci a1 or designee shat 1 give written notice of any violation of this code to the owner ar 1 essee of the sign i n question. The notice shall state the alleged violation and the relief sought. Ordinance - 27 ~z} The sign owner or lessee shall have 10 days to execute and deliver to the building official ar designee an assurance of voluntary com- pliance. The assurance shall set forth what actions, if any, the sign owner or lessee intends to take with respect to the alleged viola tian. The assur- ance of voluntary compliance shat 1 not be considered an admission of a vi o1 a- ti on for any purpose . I f the bui 1 di ng of f i ci a1 or designee i s satisfied with the assurance of vo1 untary compliance, i t may be submitted to the Muni - cipal Court far approval and i f approved shal 1 be f i 1 ed with the clerk of the court as an order of the court. ~3} The building official or designee may reject any assurance: ~ a} Which does not provide for correction of the vi o1 ati on or removal of the sign in a reasonable time and manner; or ~ b} Which does not provide for resti tuti an i n sped fi c amounts to the city or to any person i n cases involving any ascer- tai nabl e 1 oss of money or property as a resul t of the al 1 eged vi o- 1 ati on; or ~c} Which does not contain any provision, including but not 1 imi ted to the keeping of records, which the bui i di ng offi ci a1 reasonably believes to be necessary to insure the continued cessa- ti an of the al 1 eged violation. ~ 4 } Vi o1 ati on of any of the terms of an assurance of voluntary compliance which has been approved and filed with the court shall constitute a contempt of court. 8.849 Enforcement -Filing of Complaint; Tem orary Restraining Order. ter t e~ expo rats on a 14 days from t e date of note ce given under section 8.808 of this code, the bui 1 di ng offi ci a1 or designee may bring suit i n the name of the city i n the Muni ci pa1 Court to restrain the vi o1 ati on or to seek a ci vi 1 penalty, or both. ~2} ~f the building official or designee alleges that helshe has reason to believe that the decay caused by complying with the notice provi- sions of section 8.808 of this code would cause immediate harm to the pubs i c health, safety or welfare or to property, helshe ray immediately institute a suit under subsection ~ 1 } of this secti an. 43} A temporary restraining order may be granted without prior notice to the sign owner or lessee if the Municipal Court finds there is a threat of immediate harm to the public health, safety or wet fare or to prop- erty. The court shal 1 f i x a ti me not to exceed ten days after which the tem- porary restraining order shal 1 expire by its terms, uni ess within the time fixed, a hearing is head and, for .good cause shown, the court extends the restraining order or provides for any other equitable ref ief. 8.810 Enforcement -Remedial Power of the Court. The Municipal Court is empowere to ear and determine v~olat~ons of this sign code. In addition to any other penalty provided by law, the court i s empowered to issue any injunction order or judgment necessary to restore to any person any money or property of which helshe was deprived by any vi of ati on of the s7 gn code, or necessary to insure cessation of the vi al ati on. 8.855 Conflict and Severabi 1 i ty. 1 In any case w ere a provision of this code is found to be in Drdinance - ~8 conflict with a provision of any zoning, bui 1 di ng, fire, safety or health ordinance or code existing on September 9, 1965, the provision which estab- lishes the higher standard for the promotion and protection of the health and safety of the people sha11 prevail, In any case where a provision of this code i s found to be i n conflict with a provi si an of any other ordinance or code of the city existing on September 9, 1968, which establishes a 1 ower standard for the promotion and protection of the health and safety of the people, the provisions of this code sha11 be deemed to prevail , and al 1 other ordinances or codes are declared to be repealed to the extent that they may be found i n conflict with this code, ~2~ If any section, subsection, paragraph, sentence, clause, or phrase of this code should be declared invalid for any reason whatsoever, such decisions shat 1 Hat affect the remaining portions of this code, which sha11 remain in full force and effect; and to this end the provisions of this code are hereby declared to be severable. Section 2, At the request of, or with the concurrence of the Planning Department and City Attorney, the City Recorder i s authorized to admi ni stra- tively change any references contained in the Eugene Code, 1911 to the pro- visions amended, added or repealed herein, Section 3. That the matters contained herein concern the public we1- fare and safety, and therefore, an emergency is hereby declared to exist, and this 4rdi Hance sha11 become effective immediately upon its passage by the City Council and approval by the Mayor, Passed by the City Council this 11th day of dune, 1986 /~lLl.~-.~--. ~~ ~i ty cor er Ordinance -~ 29 Approved by the Mayor this