HomeMy WebLinkAboutOrdinance No. 19536ORDINANCE NO. 19536
AN ORDINANCE CONCERNING THE SIGN CODE BOARD OF APPEALS;
AMENDING SECTIONS x.013, 2.391, 5.670, 8.165, 8.502,
8.804, 8.805, AND 9.510 OF THE EUGENE CODE, 1971;
REPEALING SECTIONS 8.800 AND 8.801 OF THAT CODE; AND
DECLARING AN EMERGENCY.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. The table of Boards, Commissions and Committees set forth
in Subsection ~1} of Section 2.013 of the Eugene Code, 1971, is amended by
deleting the Sign Code Board of Appeals therefrom.
Section 2. Subsection ~1}~c} of Section 2.391 of the Eugene Code,
1911, is amended to provide:
2.391 uas i -Judi ci,al H,e,ar~,_,__g .~ 1 es .
Q_ n s Ru.~_~
~1} These rules govern the conduct of an original and appellate
hearing before the hearings officer, planning commission, or council when an
of the followin m tte y
g a rs are ~n issue:
~c} Review by the hearings official of a grant or denial of
a zan~ng or sign code variance by the building official.
Section 3. Subsection ~i} of Section 8.670 of the Eugene Cade, 1911, is
amended to provide:
8.610 Exem t Si ns. The fallowing signs are exempted from all the ro-
vi si ons of~ ' p •
this cede, except regulations perta~n~ng to construction
and safety.
.~i} Community e,yent_signs. Noncommercial, non-product, ar
service-oriented banners, pennants, and similar signs announcing a
community event designated by the city manager or the manager's
designee. •The community event sha11 be of community interest with
part~c~pat~on available to the general citizenry, and non-commercial
and non-political in nature. Provided, however, the location and
placement of these signs shall be reviewed by the city sign inspec-
tor to ~1} avoid conflict with traffic control signs and devices,
~2} avoid blocking other permanent signs, and ~3} ensure safe con-
struction and installation. These signs may be installed up to 21
days before and may remain in place up to 7 days after the desig-
nated community event. Community event banners on buildings shall
not exceed 10% of the wall area on which located, with a maximum
Ordinance - 1
surface area of Z50 square feet. All other community event banners
on private property, or banners across a public street, shall not
exceed ZOO square feet in surface area. Community event banners
shall be allowed with sponsor identification limited to Z5/o of the
square footage of the banner. A decision of the city manager or
the manager's designee may be appealed to the hearings official in
accordance with section 8.802 of this code.
Section 4. Subsection {3}{b} of Section 8.765 of the Eugene Code, 1911,
is repealed, and Subsection (3)(c} is relettered to (3}(b):
8.765 Existin Si ns.
(3) Exceptions.
{b} Freestanding signs in 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 in use notwith-
standing the provisions of this code with respect tv the height and
area of such signs. Any nonconforming sign which is structurally
a1 tered, re] ocated or replaced sha11 immediately comply with al 1
provisions of this code.
Section 5. Sections 8.800 and 5.841 of the Eugene Code, 1971, are
repealed, and Sections 8.802, Subsection {d} of Section 8.804, and Section
8.805 of that Code are amended, to provide:
8.802 Si n Code - ~ eal s.
. • {1} An,affected person may appeal to the hearings official from a
dec~s~on of the city manager, building official, or their desi nee made ur-
suant tv this g ~ p
sign code except for a decision made pursuant to sections
8.808 to 8.810. Such appeal shall be taken within 10 days of the decision
by filing with the official whose decision is appealed, a notice of a eal
s ecif in the rounds pp '
p y g g thereof. The official whose decision is being
appealed shall forthwith transmit to the hearings official all the a ers
const~tut~n the recor p p
g d upon which the action appealed from ~s taken.
• ~ {Z} .An appea] shall stay the action appealed fram, unless the
building off~c~al, city manager, or their designee certifies to the hearin s
official after the notic g
e of appeal ,has been filed with him/her, that by
reason of facts stated ~n the certificate, a stay would, in his/her opinion,
cause immediate harm to the public health, safety or welfare ar to pro ert ;
~n which case the act p• •y
ion shall not be stayed otherwise than by a restra~n~ng
order, which may be granted by the hearings official or by a court havin
jurisdiction of the m t g
a ter.
8.804 Buildin Official Decision. Unless the applicant agrees to a
longer time period, the building official or designee shall approve,
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conditionally approve, yr deny a variance, with findings and conclusions
thereon, w~th~n 34 days of receipt of a complete and accurate application.
The building official's or designee's decision shall be based on the fallow-
ing criteria:
~d} 1f a variance request requires re-examination of stand-
ards or policies, the building official or designee can refer the
matter to the hearings official for a decision.
5.805 Appeal.
~~} Building official ar designee decisions and other building
official ar designee decisions relating to interpretation of this sign cede
may be appealed to the hearings official within ten days of the decision or
interpretation, on a bu~iding division form. An appeal may be taken by the
applicant, a person adversely affected by the decision, or a party entitled
to notice. variance appeals shat 1 state how the bui 1 di ng off i ci al or
designee failed to properly evaluate the proposed variance or make a decision
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
far oral arguments on the appeal within 15 days of its receipt. At least
ten days prior to the hearing, the building official or designee shall mail
notice thereof to the applicant, appellant, and persons who requested a co y
of the build~n off~c p
g gal's or designee's decision.
~3} Within ten days of the hearing, unless the applicant and
appellant agree to a l onger period, the hearings official shall render a
decision and mail a copy thereof to the applicant, appellant and parties who
have requested a copy, The hearings official's decision is final.
Section 6. Subsection ~9} of Section 9.510 of the Eugene Code, 1971, is
amended to provide:
9.510 General Provisions.
~9} Modification of certain re ulations. Except as otherwise stated
in these regulations, fence and wall provisions, general provisions pertainin
to hei ht arils r g
g , y a ea, iot width, frontage, depth and coverage, number of
off-street parking spaces required, and setback regulations specified in this
ordinance may be modified by the hearings official as part of tentative lan
p
approval provided the proposed development will be in accordance with the pur-
poses of this ordinance and these planned unit development regulations. The
hearings official may also approve variations from parking area design rovi -
p
s ~ ons ~ f the publ ~ c works department determines they wi 11 not create hazard-
ous conditions for vehicular or pedestrian traffic. The hearings official may
grant variances from provisions of the sign code to the extent and for the
reasons prescribed in Chapter 8 of this code. Nothing contained in this sub-
sect~an shall be interpreted as provided flexibility or ability to waive regu-
lations other than those specifically included in the zoning ordinance and
sign code.
Ordinance - 3
Section 7. The City Recorder, at the request of or with the concurrence
of the City Attorney, is authorized to administratively correct reference
errors contained herein or in other provisions of the Eugene Code, 1971, to
the provisions amended or repealed herein.
Section 8. That the matters contained herein concern the public welfare
and safety and therefore, an emergency is hereby declared to exist, and this
Ordinance shall become effective immediately upon its passage by the City
Council and approval by the Mayor.
Passed by the City Council this
22nd day of February, 1988
__--
,a~ City Recorder
Approved by the Mayor this
~Znd day a ruary, 19
ayor
Ordinance - 4